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A DICTIONAEY 
'REEK AND KOMM ANTIQUITIES. 

WILLIAM SMITH, LL.D. 



WILLIAM WAYTB, M.A. 

rOBUIBLT FELLOW OP KINO'S COLLTOE, UAHBBIIMIB ; 

G. E. MAEINDIN, M.A. 

roBimu.T FCLLow or xms's oollioe, o 




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



LONDON: 
JOHN MDBKAY, ALBEMABLB 8TBEET. 









/* LIBRARY 

OF THE 

LEUNO STANFORD JUNIOR 

UNIVERSITY. 



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





\ 



LIST OF WAITERS IN THE NEW EDITION. 



INITIALS. NAMBB. 

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

Professor of Classics in Firth College, Sheffield. 

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

Fellow of Trinity College, Dublin. 

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

Fellow and Tutor of King's College, Cambridge. 

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

Fellow and Tutor of Balliol College, Oxford. 

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

Master of Cavendish College, Cambridge. 

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

Sub-Kector of Lincoln College, Oxford. 

£. A. G. Ernest A. Gardner, M.A. 

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

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

Professor of Archaeology in the University of 
Oxford. 

A G. Alfred Goodwin, M.A. 

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

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

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

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

Fellow of Hertford Collie, Oxford. 

H. H. • Hermann Hager, Ph.D. 

Professor in Owens College, Manchester. 

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

Formerly Fellow of Jesus College, Oxford. 

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

Principal of Brasenose College, Oxford. 

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

Fellow of King's College, Cambridge. 

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

Professor of Greek in the University of Cambridge. 



J 



IV LIST OF WRITERS IN THE NEW EDITION. 

ISriTIAU. NAMES. 

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

Fellow of JesuB College, Oxford. 

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

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

J. M. John Marshall, B.A. 

Late Scholar of Trinity College, Cambridge. 

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

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

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

Provost of Oriel College, Oxford. 

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

Fellow and Tutor of New College, Oxford. 

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

Formerly Fellow of King's College, Cambridge. 

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

Keeper of Greek and Boman Antiquities in the 
British Museum. 

E. M. Ernest Myebs, M.A. 

Formerly Fellow of Wadham College, Oxford. 

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

Professor of Latin in the University of Oxford. 

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

> 

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

Late Student of Christ Church, Oxford. 

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

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

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

Fellow of King's College, Cambridge. 

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

Fellow of Trinity College, Dublin. 

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

Fellow of Trinity Collie, Oxford. 

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

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

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

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

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

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

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

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



LIST OF WRITERS IN THE NEW EDITION. v 

IX1TIAI& IIAMES. 

C. S. Cecil Smith. 

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

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

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

ft 

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

Formerly ClasBioal Examiner in the University of 
London. 

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

Formerly Scholar of Pembroke College, Oxford. 

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

Headmaster of Eton College. 

W. W. William Watte, M.A. 

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

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

Fellow and Tutor of Oriel College, Oxford. 

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

Professor of Latin in Owens College, Manchester. 

W-k W-k Warwick Wroth. 

Assistant in the Department of Coins in the British 
Museum. 



LIST OF WRTTERS TN THE OLD EDITION. 



INITZAL5. NAMES. 

A. A. Alexander Allen, Ph.D. 

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

Follow of University College, Oxford. 

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

Trinity College, Oxford. 

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

Master of Balliol College, Oxford. 

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

Late Fellow of Trinity College, Cambridge. 

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

• Flrofessor of Comparative Grammar in University 
College, London. 

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

Dean of Christ Church, Oxford. 

G. L. George Long, M.A. 

Late Fellow of Trinity College, Cambridge. 

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

Fellow of Trinity College, Cambridge. 

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

Fellow of University College, London. 

W. K. William Bamsay, M.A. 

Professor of Humanity in the University of Glasgow. 

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

Late of (.^aius College, Cambridge. 

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

Boctor of the High iSohool of Edinburgh. 

P. S. Philip Smith, B.A. 

Of the University of London. 

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

B. W. BoBERT Whiston, M.A. 

Fellow of Trinity College, Cambridge. 

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



DICTIONARY 



OF 



OBEEK AND EOMAN ANTIQUITIES. 



L. 

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

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

TOUU. 



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

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

B 



r- 



2 



LABYBINTHUS 



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

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

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

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







Labyrinthui. (Jfufeo Borbanieo.) 

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



LACmiA 

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

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

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



hAComcmi 

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

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

278 a] 

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

LACU8. 1. SeeFoNS. 2. SeeTOBCULAB. 

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

vhich the smith (xaJunls or faber ferrarius) 

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

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

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

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

» ii BMiatained by the best modem authorities 

(a Grceic and Roman metal working that by this 

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

^ u the Homeric age. (See Bliimner, 

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

^ laUa has a distinct word for steel (except 

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

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

rr^utnA all refer to the steeling effect of the 



LAENA 



3 



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

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

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

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

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

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

B 2 



4 LAGONA 

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

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

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



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



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



Sea Marqaardt, 



LAGOWA or LAGU-NA (i , . 

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

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



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




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






39). 



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

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

LAHPADA'BCHIA. CLaxp^uedbdmii.] 



LAMPADEDBOMIA 

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

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

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






1.(00 



a lata at 166 A.. 



Boeckh, L 534, and Fnnkal'a 

doubt poaaible that in Aristotle'i time a 

bad ariaen of making a special liturgy cailfl 

AofuraSopxCa for the featiral itaelf, akin 

Hparate from the gymnaaiarchy ; i 

however, there waa not 

a diatinct office, and it 

wai merely ntual to 

speak of tbe gymnoaiarch 

Doder thia title at tha 

time of the torch-race, 

which waa regarded aa 

the mo*t important 

branch of hi) office and 

ita moat public mani- 

featation. The gymna- 

aiarch bad to provide the ' 

Aati*^, which waa a candlestick with 

shield set at the bottom of the socket, 




LAMPADEDBOMIA 



LAMPADEDROMIA 



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




Torch need In the race. (Knnee.) 

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




Torch used In the iioe. (KrAue.) 

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

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



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

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

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



6 



LAMPADEDBOMIA. 



LANTERNA 



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

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

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

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



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

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





"ST 
Lantern found at Herculaneum. 

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



LANX 



LABABIUM 



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

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

amanmM that the '* senrus praelucens " was 

dtnck by lightning while Augustus was being 

earned in his litter. We learn from Photius 

dut the name \vxtwixos was given to a lamp 

eaeloeed in a case of horn or of transparent 

vkji, sad that perforated pitchers were used in 

tha same waj: for instances, see Rutherford, 

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

imk or torch of strips of resinous wood tied 

together, but in late Greek used for Kuxfov" 

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

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

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

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

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

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

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

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



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

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

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



B LABENTAUA 

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

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



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

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

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

LABGITIO. [AMBinjB; Pkuxektamag 



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



LATSB 

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




Egyptian Mck-mak«ra (Froa Tbttio.) 



Thee* fignraa are selected tmm the abore- 

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

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

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



XATEB 

Fsully tlM proportion of length to width is 

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

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

But^ Amdmi Pottery^ vol i.) The Greeks 

Bxd oalj emde or son-dried bricks down to 

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

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

iosunce maj be mentioned the temple of Demeter 

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

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

St Argos, bat that is conjectured to be of 

If acedooiatt or Roman date. Marqnardt {Private 

Ie6«a, 636) cites the Philippenm at Olympia 

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

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

bst Blomner denies this npon the eridence of 

th« recent German ezcarators at Olympia, who 

infonned him that in all the remains of the 

Philippenm there was no trace of baked brick 

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

cities were generally of stone, but instances of 

sun-dried brick walls can be found in Pausanias, 

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

phaaes built their wall of this material (Arist. 

Jco, 1136). Their partial use for dwelling- 

koases, especially of the poorer classes, is men- 

tkmed in Xenophon, Mem. iiL 1, 7. 

Roman bricks were crude till the end of the 

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

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

proUbly became more common as houses of 

Biore stories were built, but they were only 

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

solely of loteres emdi, for he does not mention 

the trisngular bricks found in existing walls at 

sIL Ike earliest baked bricks are found in 

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

Ao^ostas crude bricks only were used, of which 

ficne remain. The baked Roman bricks are of 

TarioBs colours — red, yellow, more rarely brown, 

Mne of red poszolana mixed with clay, as in 

the Flarian paUux on the Palatine (Middleton's 

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

1} in. The commonest sixe is 15 inches long 

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

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

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

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

that ipriog was the best time for brick-making, 

fcr those made in summer were apt to dry 

noeqnally and crack, and they should be kept 

tvo^esrt before being used. He speaks of three 

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

fwt broad ; the pentadoron, fire ftalms square ; 

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

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

«cTe 10 porous and light that they Boated in 

^^' BlOmner sUtes that the same kind of 

^h wsi made at Nuremberg in the 14th and 

l^h eentaries and was called Schteammstem. As 

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

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

bother parU of Itoly the stamped bricks are 

fwnd earlier. These sUmps have a figure of 

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

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

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

V Midten, of the legion to which they belong. 

^ the Romtn armies brought their brick- 

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

^B trace in tome instances the movements of a 

^T the brick-ttampt. For the methods 



LATINITA8 



9 



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



10 



LATINITAS 



LATIKITAB 



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

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



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

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

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

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



LATBINA 

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

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

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

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



LATEUNCULI 



11 



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




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

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

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



12 



LATRUNCULI 



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

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

[DUODECIM ScRIPTA]. 

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



LATBUNCULI 

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

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

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



LAT&UNCULI 



LEBES 



13 



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

^CUMoRBoteUhaUTuiatiiraperta 180 

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

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

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

After all, it muat be pronounced imposaible to 

(ana an adequate conception of the game ; we 

Qost admit, with Becker, that many questions 

raasia oBanswered. Becq de Fouquiires has 

^ decidedly Leaa aucoessful in explaining this 

?uBe than in the Dvodecim Scripta. While 

^•MiiLg of games of skill among the ancients, 

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

o'choH was written by the Englishman Thomas 

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

^ beld that it was known to the Greeks or 

^^naag. Chess cannot be traced in the West 

^Cne the tine of Charlemagne and Hanm-al- 

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

WfUm and virrpat, are found only in late 



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

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

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

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

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



14 



LEGTICA' 



LECTICA 



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

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

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

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



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



IiECnOA 



liECTISTEBNIUM 



15 



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



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




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



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

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



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

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

LECTICA'Rn. [Lectica.] 

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



le 



LE0TI8TEBNIUM 



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

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

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

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



LECTBTEBNIUU 

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

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

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




LECTTS 

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

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



LECTU8 



17 




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

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

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

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

TQL.IL 



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

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

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



18 



LE0TU8 



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

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

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

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

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



LECTUS 

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




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

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



LEcrrua 



LEGATUM 



19 



vitk t striped coTering, and the art of the 

ploauriu is not what Becker imagined (see 

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

210; asd the article Pluxarics). Ab a special 

iTisvrj, HfliogabaJns had pillows made of the 

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

UaaJDrti or ooonterpones {vestes stragutae) were 

a Tkh houses of coctly make, dyed purple, and 

ecbfoideied in gold. These gold-embroidered 

OTcriits were calkd AttcUicae testes^ Attalioa 

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

an, fiist used by Attains. Hence in Propert. 

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

coTiered. The name dragula belongs both to 

tiic Usaket on which the occupant lay as well 

as that which corered him, but the latter was 

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

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

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

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

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



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

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




Lectus ftmebris. (From an andent tombstone.) 

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

2 



20 



LEGATUM 



LEGATUH 



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

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

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



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

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

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

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



itisfii 



LE6ATXJM 

acboo] held thai praedpere here meant 

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

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

kiftda, and not to anyone else: the legacy 

maiia; no more than that the testator 

wi^faai one of his heirs to hare some specific 

jiifce of his property rather than any of the 

reft. CoBsietently with this they maintained 

that the only action by which the legatee 

cooisl get the m lagata was that allied 

famiiiae ermctrndtu^ the heir's partition soit, 

ud siM that nothing could be left thus 

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

deonsc : and finally they held that a bequest 

in this fonn to anr person other than an heir 

vat Bot Talidated by the Senatusconsultum 

>'eroiusBimi (of which belowX because, accord- 

Ib| to them, that enactment related only to 

iatcu of form, and had no bearing on legacies 

«hiih were Toid by reason of the incapacity or 

disqualification of the legatee. The Proculians, 

oa the other hand, were of opinion that a legacy 

ccuid be giTcn to anyone per jpraeoepHonemf its* 

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

W«n per vmdioatkmemf and the legatee's remedy 

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

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

stpported by an enactment of Hadrian. If the 

um« thing was thus left to more than one, 

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

his share. P«r vuMfibaiMMMoi, praeoeptionem, 

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

rt aiiaa eonld be bequeathed: per damna- 

tkntm, anything wbaterer could be bequeathed 

which could be the object of an obligation. 

The importance of precisely obsenring these 

<<>nns wss oonsidanbly diminished by a senatus- 

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

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

Ugatom est, pennda ac si Optimo jure legatum 

eiRt : optimum autcm jus legati per (Umna- 

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

Uus seems to hare been that a legacy giren per 

^MfioaUouem, emeadi moda, or per praeceptitmem^ 

vhich would hitherto have been roid owing to 

ta« neglect of some formal rule applicable to 

the particular form employed, was now to be 

Ukea to haTe been giren per danmatkmem 

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

Gaics' words in | 218 suggest that the senatus- 

otwdt may hare dispensed with the necessity 

«( ohMTTing any one of the four established 

fonts at al( while it still zequired the use of 

^•Atin. Some hundreds of years later testators 

vet coaUed by enactments of Constantius, 

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

^^poea in any words they chose, whether 

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

Jvtiaiea finally assimilated the dril law 

wgaioa in every way to fideicommissa, which 

ud slways been goremed by lazer rules, both 

f* to foim umI su b atanc e . Any superiority in 

<<v which either had possessed over the other 

^ ia future to be common to both, and the 

"^ of a bequest, whether technically a 

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

^^cnd by the beneficiary by the most appro- 

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

^ legatee acquired a ''real" right to the 

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

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

testator himclf tzpzwifd a contrary intention 



LEGATUM 



21 



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



22 



LEGATUM 



LEGATUM 



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

(2) the character of the bequest itself; and 

(3) the legal character of the res legato, 

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

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



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

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

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

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

The aoqoiiition of legata depends on the 



LEGATUS 



LEGATUS 



23 



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

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

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



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

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

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



ft* 



24 



LEOATUS 




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

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

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

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



LEGATUS 

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

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

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

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

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



LE6ATU8 

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

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

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

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

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



LEGATUB 



25 



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

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

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

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



t< 



26 



LEGATUB 



LEGATUS 



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

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

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



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

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

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

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



LEGES 



LETTUBOIA 



27 



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

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

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

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

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

to the amusements of a 



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

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

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

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



28 



LEITUBGIA 



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

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



LEITUB6IA 

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

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

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

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

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



USITUBGIA 



LEITUBGIA 



29 



wUdi Iktj imposed wai not minotts (see Boeckh 

on the fMut); and though lome persons did 

nia thoielTec by their litargies, this is gene- 

nHf atthbated to their ambitious exteosioQ of 

t^ ietr rather than to its intrinsic character. 

Yet AotiphaDes (in Athenaeus, iiL 62) speaks of 

tk people as bidding a man waste his money on 

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

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

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

cf Lraaasi <k Aristophanis bonis; and Isocr. de 

J^.15.) 

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

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

It remains to make some obserrations on the 

^natery and development of these liturgies. We 

cuaot lely on the specific ascription of them to« 

So^ as their originator; aiui yet probably 

tkoie who weigh the entire probabilities of the 

cue viU be of opinion that they commenced 

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

Mtoal beginning, at all evenU much of their 

""^aeat growth, to that liberal impulse which 

^ imparted to the internal policy of Athens. 

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

Btfki^ thst the liturgies, ss we know them, 

vert in dose connexion with the ten tribes of 

*M Cleisthenes was the author, and that 

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

^does not commence earlier than his date. 

u is true also, that we may refuse to believe 

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

MWrcA. { 7) to the effect that the actual 

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

^bcaa ui his time, without any imputation of 

Wi A oed against Aes ch ines, or of forgery against 

*A7^ else: for the whole series of Athenian 



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

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



80 



LEMBUS 



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

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

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



LENO, LENOCINIUM 

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

LEMNISCUS. [See Corona.] 

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

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

LENAEA. [DiONTSiA.] 

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



liEONIDEIA 



LESCHE 



31 



cf the dasKs branded with the stigma of 

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

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

who kepi brotheU. Theodosios and Valentinian 

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

thdr maslen or fathers forced to prostitution 

t-> okaiB protection bj application to the au- 

Uioritim of the charch, and they also forbade 

tbe practice of lenodnium under pain of exile, 

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

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

attempted to suppren the business by banishing 

lenones irom the city, and by making the 

oTners cf bouses who sJlowed prostitution to be 

carried on in them liable to forfeit the houses 

as4 pay ten pounds of gold : those who by 

triciceryor force got girls into their possession 

laJ gare them up to prostitution were ponished 

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

what these were. 

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

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

LEPE8TA (Knitmi)^ a wine bowl men- 

tieaed bv Tarro among vtua vmaria. He also 

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

Wpeitam ant galeolam aut sinum dioebant ; tria 

^atrn pro quibus nunc dicimus acratophoron " 

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

like the acratophonniy filled with pure wine and 

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

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

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

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

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

these iostaaoesit seems to be used as a drinking 

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

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

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



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

LEPTON. [Chalcus; Obolos.] 

LERIA. [LiMBUS.] 

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

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

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



32 



LEX 



LEX 



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

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

The earliest leges of which we read were those 

made in the Comitia Curiata (whence they are 

called Leges Curiatae), which till the reforms ot 

Servius Tullius was the only legislative body at 

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

-—were said to have been enacted by the Comitia 

on the motion of Romulus, as well as of the 

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

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

leges regiae was made towards the end of the 

regal period by one Sextus Papirius, a com- 

mentai^ on which, written in the time of Julius 

Caesar by Granius Flaccus, is quoted in Dig. 

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

were anything more than formal restatements 

of customary law already binding, and the fact 

that Sextus Papirius was (according to Dionysius) 

a pontifez suggests that they may have been 

only of sacenlotal import. (Some of their 

sulotance has been collected in a fragmentary 

form by earlier writers, and there is an essay 

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

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

indeed be doubted whether any large proportion 

of the enactments of the Comitia Curiata were 

genuine ''laws," though the fifty leges of 

Servius mentioned by Dionysius (iv. 13) seem 

to have made some general changes; at any 

rate it is certain that afler the establishment of 

the Comitia Centuriata by Servius Tullius the 

assembly of the Curiae, as a legislative body, 

fell almost entirely into disuse. We read of its 

conferring the imperium on the magistrates, 

sanctioning testaments and adrogations, and 

confirming some of the resolutions of the 

centuries which were held to require a religious 

sanction, and in all these cases it acted by a 

resolution or lex^ but the difference between 

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



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

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

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



LEX 



LEX 



33 



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

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

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

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

Br Festns rogatio U described as equivalent 

'> vhftt is otherwise called privUegium: '*a 

'Qnoand of the popnlus relating to one or 

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

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

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

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

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

fncur of or directed against individuals they 

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

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

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

<»<irca prnSegia vocari debent, quia yeteres 

' ^^ dixemnt quae nos singula dicimus " 

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

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

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

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

'^ pnvilegia were not considered leges proper : 

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

i-eruvau, sod generaliter constitunntur." In 

voLn. 



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

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

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

D 



34 



LEX 



LEX AEBUTIA 



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

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

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

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



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

The following is a list nf the principi 
Leges: — 

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

(Liv. xxxii. 29). 

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

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

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

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



rirj 



LRX AELIA 



LEX AMPIA 



35 



AEXIA. This and a Lei Fnfia passed 

tawai^b the end of the sixth centuiy of the 

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

tht ligM of declaring beforehand his intention of 

liiJMg tbe omens on a fixed day, and thereby 

(cik Ute pka of their being unfavonrable) of 

frv^ating the assembly of the Comitia (ctmunF' 

Hiii}). inds right was frequently exercised 

ijitost the tribiuies of tne people (Cic in Faith. 

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

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

1 K better opinion seems to be that there were 

I'AO distinct leges (see Walter, Qesckichte des 

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

{.•iqceotly mentioned by Cicero, especially m 

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

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

m his OtumasUam; Index Legum, where the 

I issues in which they are mentioned are col* 

ircted ; a&d Hominsen, RSauKkes Btaatsrechty i. 

jp. 80, 107. 

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

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

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

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

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

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



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

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

AEMIIjIA BAE'BLA. [Cornelia Bae- 

BLA.] 

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

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

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

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

A'MBITUS. [Ambitus.] 

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

D 2 



2 



30 



LEX ANASTA8IANA 



LEX CAEGILIA 



f 



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

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

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

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

ii. 13). [S(J¥PTUARXAE LeQBB.] 

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

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

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

TEBCESSIO.] 

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

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

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

UENTARIAK LeOES.] 

APULEIA MAJESTATlSy probably passed by 



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

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

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

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

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

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

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

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

[AMBITU8.1 

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

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

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

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

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

CAEGI'LIA DE censoribdb or censoria 

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

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

I prescribed a formal procedure for the censors u 



LEX CAECILIA 



LEX CINCIA 



87 



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

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

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

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

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

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

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

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

BELLiRIAE LbQES.] . 

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

CALFGULAE LEX AGBA'BLA. [Ma- 

mUA.] 

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

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

'^l.^ CoxDxcnoxKii.] ^ 

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

. •^. Itc). [Repetuwdae.] 

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

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

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

«nDTinl legislation ; so that isaa e of such a 

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

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

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

• *<i»Ts. TiiL 76). 

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

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

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

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

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



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

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

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

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

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

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



J 



38 



LEX CLAUDIA 



LEGES GOBNELLIE 



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

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

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

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

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



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

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

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

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

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

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

CLO'DIA DE CEN8OBIBU8. [Cabciua.] 

CLO'DLA. DE CIVIBU8 ROMANU INTE&EMTIS. 

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

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

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

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

CLO'DIA DE PBOVINCIIS OON8ULARIDC8((' • . 

in Pison. 16, 37). 

CLO'DIA DE REOE PtOLVIIABO ET DB ¥1- 

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

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

10, 26). rFRUMENTARIAB LeOES.] 

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

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

OOMMISSO'RIA [GomiiasoRiA Lex.] 

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

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

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



LEGES CORNELIAS 

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

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

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

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

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

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

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

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

«< SACERDOriA). 

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

CORNE'LLA de sicariis et teneficis. 

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

Tvclre Tables contained some regulations as to 

^■aicide, but probably these were little more 

^aa a repetition of the law of Numa Pompilius 

«kich puaished intentional slaying with death 

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

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

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

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

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

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

N'Toriam). The Twelve Tables also penalised 

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

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

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

"ttre been included under («rricidium [Pompeia 

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

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

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

uw that the senate by a consnltnm ordered the 

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



LEGES CORNELIAS 



39 



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

COBNETJA DE VADDfONIO. [Vadi- 
HONIUU.] 

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

LXCA.] 

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

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

JESTAS.] 

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

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

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

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

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

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

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

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

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

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

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

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



40 



LEGES i^OBNELIAE 



LEX DUODECIH TABULABUM 



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

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

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

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

GOBNE'LIA DE RE8TITUEND0 CiCEBONE, 

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

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

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

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

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

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

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

DECEMYIBA'LIS. [Duodecim Tabu- 

LARUM.] 

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

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

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

[SUIIPTUARIAE LEQES.] 

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

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

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



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

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

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



LEX DUODECIM TABULARUM 

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

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

bl) -J tkej are mentioned by the Roman writers 

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

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

(Jtctm, Daodedm Tabnlarum, or Ux or kges 

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

Qcitios of the jM9 chile until Justinian's time, 

are spoken of by classical writers throughout 

i>msn history as the fundamental element of 

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

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

; dblid priratique jaris.'* 

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

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



X DUODECIM TABULABUM 41 



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

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

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

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

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

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

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

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



42 



LEX FABIA 



exercise of his authority and jurisdiction by the 
magistrate ; and 

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

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

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

FA'BIA DE NUMEBO 8ECTAT0BUM (Cic. pro 

Murena, 34, 70, 71). 

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

FALCI'DIA. [Leoatum.] 

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

FA'NNIA. [JUNIA DE pebeobinis.] 

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

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

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

FRUMENTA'RIAE. [Fbumentabiae 
Leobs.] 

FU'FIA. [Aelia.] 

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

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

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

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

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

£IllTERCRasiO.] 

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



LBXHOSnLIA 

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

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

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

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

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

GA'LLIAE CISALPI'NAE. [Rubria.] 

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

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

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

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

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

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

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

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

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

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

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

HOSTI'LIA enabled the ac\io furii to be 



LEX ICILIA. 

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

who (or whoM totor) was in foreign captintjr 

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

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

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

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

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

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

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

JUXIA DB ADCurERiia. [Adultebium.] 

JU LIA DB AMBITU. [AMBITUSb] 

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

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

JUXIA DB CAEDB ET VEMBFIOIO (Sueton. 

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



LEGES JULIAE 



43 



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

ClVITATES.] 

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

JU'LIA DE PENORE (or DE PEOXTNIIS MUTITIS 

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

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

JU'LIA DE LmSRlS LBOATIONIBVB <Clo. od 

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

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

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

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

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

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

GULATUS.] 

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

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

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

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

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

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



\ 



44 



LEGES JULIAE 



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

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

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

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

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



LEGES JULIAE 

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

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

Among the enactments of these statutes are 
the following : — 

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

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

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



LEO£8 JULIAE 



LEX JUNIA NORBANA 



45 



fliUam CUacUumimi ao fiur modified the strictneM 

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

xiUr Aitf the same advantage that he wonld 

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

ri Jed he married a woman who was under fifty ; 

but il vas enacted by a Senatosoonsultum Cal- 

naumrn nnder Nero, that if a woman over 

a^j Biarried a husband under sixty, even the 

liter shoald not escape the disabilities imposed 

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

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

uurzied, bat had no children living) were dis- 

j'lled from taking more than a moiety of what 

wu left them by way of either inheritance or 

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

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

vithia the sixth degree. Males escaped the 

poaitici of orifUas by having a single (even 

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

^BatoKonsnltum Memmianum adoption was 

deprived of this effect when resorted to merely 

10 order to evade the statute : but women were 

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

three, libertanae only by four children (Paul. 

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

tiHrse roles if the wife was under twenty or over 

uiijt or the husband under twenty-five or over 

-iitj, and also if the husband was residing away 

irm the wife reipuUicae oauaa (Ulpian, ^g. 

irl 1). Legadea and inheritances which could 

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

taeie provisions of the Lex Julia or Lex Papia 

IVppsea, became caduoa [Boka Caduca], the 

Iav opoa which subject was considerably modi- 

b:i br these statutes. 

(IT.) Some other provisions have been noticed 

4*ewbere [Dbcixaria; Juua MiacELLAl. To 

tlt3»« may be added the rule giving a preference 

* • candi dates for office according to the number 

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

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

ii^rtiaae with four children from tutela (Gains, 

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

i-n of children from operarum obligationet (Dig. 

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

« urging the office of tutor or curator jure 

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

bued on these statutes, which also introduced 

<^haafei (besides those already noticed) into the 

i*v of succession^ both testamentary and intes- 

^te, especially in connexion with libertini 

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

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

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

legiktecs should become indefeasible (dies oedit : 

f-.t LegatuxX which previously had been the 

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

ristoted under Justinian. 

After the enactment of the Lex Papia Pop- 

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

& fictitious pu iiberontm by special favour from 

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

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

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

tiiftse vho had no children, or not enough, were 

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

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

P^^iiege is mentioned in some inscriptions, on 

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

^*ni) sometimes occurs. The Emperor M. 

AoreUos enacted that children should be regis- 

^*'^ by name within thirty days of their 



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

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

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

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

FTUARIAE LeOES T 

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

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

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

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

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



i 



1 



46 



LEX JUNIA PENNI 



V 



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

JU'NIA PENNI. [JUNIA DE PEREORW18.] 

JU'NIA PETRCNIA, or PATRO'NIA, 

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

TUNDAE.] 

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

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

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

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

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



LEGES LIGINIAE 

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

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

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



LEGES LICINIAE 

iriebifct 500 jitgera Dominallj for himself, but 

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

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

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

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

tjr plebeiaos had now acquired the right of 

t ning (potndere) the ager pubUcuSy probably 

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

: jt the estates which the patricians had to 

-unvoder as being against the statute came for 

tri'- most part into the possession of plebeians. 

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

.'It genuinely agrarian character, and believes 

thAt there was a regular distribution of land 

air.oBf them; bat Uie passages on which he 

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

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

vQich is directly contradicted by Appian {BelL 

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

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

VAT or other the Lex Liduia de modo agrorum 

(t It related at all to the poesessiones of ager 

;«6ocai^ which Pudita denies) was persistently 

r.'aded. 

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

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

LI'CINIA DS CBEANDI8 TKIUliVIRIS EPU- 

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

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

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

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

•' ilegonena, cited in full iy Qrelli, Cieeronis 

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

U'CIKLA JU'NIA,. sometimes called 

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

i- Licioius Ifareiia and Junius Silainus, perhaps 

' enforce more strictly the provisions of the Lex 

'Vdlia Didia, in connexion with which it is 

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

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

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

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

'^HMitcd before witnesses in the Aerarium 

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

'^. il. pp. 532, 533> 

UCIUIA MU'CLA DE cnriBUS beoundis 

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

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

^actos Scaevola, Pontifex Maximus; ordained 

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

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

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

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

'"i title. This measure partly led to the 

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

 -v fTca the wisest men sometimes pass bad 

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

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

C»««U.67)l 

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



LEX MAMILIA 



47 



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

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

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

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

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

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

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

MAMPLIA DE JUGURTHAE FAUTORIBU8 

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

MAMFLIA FINIUM REOPlfDORlTM (B.C. 110, 

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



I. 



48 



LEX MANTTJA 



<r 



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

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

^ANI'LIA DE LIBERTINORUU 8UFFRAOII8 

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

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

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

MA'NLLA DE LIBERTINOBUM SUFFRAOIIS, 

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

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

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

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

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

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

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

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

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

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

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

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

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



LEX PAPIBLA PLAUTIA 

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

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

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

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

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

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

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

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

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

PATIA de pereorinis. [Junia de PerI' 

GRIKISj 

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

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

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

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

PAPl'BIA DE COKSECRATIONE AEDnJM, ci>X. 

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

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

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



I£X PAPIRIA POETELIA 

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

PlPim POBTE'LIA- [POETEUA Pa- 

PISIA] 

PAHTtlA TABELLA'BIA. /Tc. 132. 

fTABELLiBUE LeGES.] 

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

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

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

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

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

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

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

PLAETCKBIA or LAETCTBIA (Cic. de Off. 

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

PLABTO^IA allowed the praetor to fix 

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

fn<fetdiags, the Twelve Tables hav^ig enacted 

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

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

/ 



LEX POMPEIA 



49 






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

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

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

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

PLAU'TIA PAPI'RIA. [Papiria Plau- 

TIA.] 

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

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

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

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

POMPE'IA DE ixPERio Caesari pboro- 
OAMDO, B.C. 55 (Veil. Pat. ii. 46, 2; Appian, 
Bell. Civ, ii. 18 ; Cic. Phil. ii. 10, 24). 

POMPE'IA DE JURE MAQiSTRATUUif (Sueton. 
Caesar, 28 ; Cic. ad Att. viii. 3, 3, cf. Phil. ii. 10, 
24; Dio Cass. xl. 56) forbade candidature for 
public ofiices by persons who were not at Rome : 
but C. Julius Caesar was excepted from its opera- 
tion. This was doubtless the old law, but it 
appears to have become obsolete. 

POMPE'IA DE PARRICIDII8, B.C. 52. It is 
difficult to come to any definite conclusion as to 
the precise meaning olparricida and parricidium 
in early Roman history and literature. From a 
quotation which Cicero makes from some old 
source (" sacrum sacrove commendatum qui cle- 
perit rapsitque parricida esto,** de Leg. ii. 9, 22), 
the offence seems at one time not to have been 
confined to killing; and even when it had 
acquired this narrower signification, it appa^ 
rently denoted the taking of the life of any free 
person ('* si quis hominem liberum dolo sciens 
morti duit parricida esto," law of Numa Pompi- 
lius in Festuii, s. v. Parici Qnaestores : cf. Rein, 
Criminalrecht, pp. 401, 449). The Romans 
themselves seem to have had great doubts about 
the etymology of the word : ovcrr^AAorrcr riip 
vpAriiv <ry\Kafi^ jcol fipax*^ voiovrrcr, robs 
yov4as (pftrentes), ktr^lvovres Si, roibs iiniK6ovs 
(pArente<i> tniiudyovinw (Johannes Lydus, de 
;)'.., ' ' •. i. 26). " Parricida, quod vel a pari 
<. ' '\r, vel a patre : quibnsdam a parente 

\ . • ' . se " (Prise. Gram, i. : cf. Cic. pro Cl^i- 
€. , \2 ; liv. xl. 24 ; Quinctil. Inet. viii. 6, 
3. by the time of Cicero parricidium 

sv '">> . > have acquired the specific sense of 
k.. ' t ir relatives: the application of it to 
C ^* • •■ 'iid to the murderers of Caesar (Sueton. 

E 



50 



LEXFOMPEIA 



LEX PUBLILIA 



Jul. 88) may perhaps be regarded merely as 
an oratorical snrviTal oi older usage. There 
seems to be no doabt that the Lex Cornelia de 
sicariis et veneficM contained prorisions as to 
the killing of near relations (Dig. 48, 9, 1 ; Inst. 
W. 18, 6 (uf fin,y, the Lex Pompeia de parri- 
cidiis, some thirty .years later, apparently re- 
enacted these, and defined the crime of parry' 
ddmm as the deliberate and wrongful slaying of 
ascendants, husbands, wires, consobrinif brothers 
and sisters, uncles and aunts, stepfathers and 
mothers, fathers and mothers in law, patrons 
and descendants : but the killing of a child by 
its father was excepted (Dig. 48, 9, 1). Hadrian 
sentenced a man who killed his son to deportatio 
(Dig. ib. 5) ; but it was not parricidium to kill 
one's own children till the age of Gonstantine, 
who prescribed for it the punishment of the 
sack described below (Cod. ix. 17 ; IruL loc. cit.). 
For most cases of parricidium no change was 
made in the penalties of the Lex Cornelia (death, 
banishment, and forfeiture) by the statute of 
Pompeios; but for the murder of a father, 
mother, grandfather or grandmother, the old 
pnnUhment of the cuUeus was ordained (Dig. 48, 
9, 9, 1 ; Paul. Sent, rec. t. 24). This consisted 
in the guilty person being first whipped till he 
bled, sewn up in a sick with a dog, a cock, a 
riper, and an ape, and thrown into the sea or 
a riTer : if there was no water near, Hadrian 
sanctioned his being torn in pieces by wild 
beasts (Dig. 48, 9, 9, pr.), and in Paulus' time 
he seems sometimes to have been burnt. The 
antiquity of this punishment is attested by 
Valerius Ifaximus, who records that it was 
inflicted on M. Tullius by Tarquinius when king 
(i. 1, 13: cf. ^'more majoruro," Dig. 48, 9, 9, pr. 
and 1 ; and Cic pro Rose. Am. 25, 70, ad Quint. 
Frair. L 2 ; Juv. Sat. iii. 8, 212 sq.). The selec- 
tion of animals was supposed to be symbolical : 
f»MTk &o'€/3c»y d&wr iur^fiiis Ai^pwros (Dosith. iii. 
.16): rjk 8^ vpo§ifnifjJpa Blipta ifi$^\erat itk 
ravTOj iw€i^ dftoiSTpowa airr^ 4arl * t& /Uf 
yitp Ayoipci roi^t yotwSy r& 84 vpbs airroifS avK 
itTdxtrat ftdxi' (Theophilus). Accessories to 
the crime were punished as sererely as princi- 
pals under the Lex Cornelia (Cod. 9, 16, 7). 

POMPE'lA DE Yi, a priTilegium relating to 
the trial of Milo by a quaestio extraordinaria 
for killing Clodius, though there was a perma- 
nent commission for trying ojSTences of this class 
(Cic Phil. ii. 9, 22): it also seems to have contained 
some general proyisions as to the procedure and 
penalty in cases of violence (Ascon. ; and SchoL 
Bob. pro Milone : cf. Wachter's note, cited by 
Orelli, CScsro, vol. riii. pp. 247-250, and Walter, 
Qeachichte des r6nL Rechta^ § 834, note 7). 

POliPE'IA FRUMEMTARIA (Dio Cass. xxxix. 
24). 

POMPE'lA JUDICIARIA (Cic. PhU. i. 8, 20 ; 
in Piaon. 39, 73; Ascon. in Piaon. p. 16; SaU. 
de Sep. Ord. ii. 3)u [Judex.] 

POUPE'IA TBiBUNiciA, B.C. 70, restored the 
old <n6iifitcia potestaa which Sulla had almost 
destroyed (Sueton. Jul. 5; Veil. Pat. ii. 30; 
Cic. de Leg. iii. 9, 11 ; Lir. £pU. 97). (Tri- 
Binn.] 

P(yB(?IA, probably B.C. 197, appears to have 
enacted that a Roman citiaen might save him- 
self from the punishment of death or flogging 
by withdrawing into exile (Sail. Cat. 51 ; Cic. 
pro StAiHo, 8, 4 ;. tfi Ffrr..v. 63, 163 ; Liv. z. 9 ; | 



Gell. z. 3, 13). Cieero (deRep. ii. 31, 54) allod< 
to three leges Porciae on this or similar matter 
but nothing more is known about them. 

PO'RGIA DE PBOVINCIALIBUS SUMFTlbll 

apparently, due to H. Portius Cato, praetor n.^ 
298, and perhaps referred tu in Liy. xxxii. "21 
it is mentioned in the Plebisdtum de Tenncs: 
ensibus (Lex Antonia), which enacts '*nei qu 
magistratus prove magistratu legatns neu qu 
alius neive imperato quo quid niagia iei dtc 
praebeant ab ieiive aoferatur nisei quod eos e 
lege Portia dare praebere oportet oportebit 
(Haubold, Mon. legal, p. 137). 

PRAEDLATO'BIA, the reading in »m 
editions of Gains (iv. 28); but the true readiD^ 
according to Studemund, is l^e oenaoria. 

PUBLrCIA permitted betting at certii 
gaiiMs which required strength, such as runnin 
and leaping (Dig. 11, 5, ^ 1 and 3> [Coi 
NELiA.; TrriA.] 

PUBLI'LLA, proposed by Publilius Voir n 
tribunus plebis, and carried after much opjK 
sition B.C. 471. It provided ^'nt plebeii inagi< 
tratus (tribunes and plebeian aediles) tribati 
comitiis fierent " (Liv. ii. 56) ; but this ap^n 
rently should not be taken to mean that th^ 
magistrates had previously been elected in th 
Comitia Centuriata (as is held by MomnK^iQ 
Rdm, 7H^», p. 83; Becker-Marqnardt, ii. i 
253-260, &c.) : the choice had practically \y^\ 
made by the plebs, but in a len organic' 
fashion than became the rule after it hsd b; 
this statute been definitely assigned to tr< 
Comitia in which the plebeians had the prcpu& 
derance (Schwegler, xxri. 7: cf. Walter, ^/> 
Kkichte des rUm. Rechts, § 44 ; for another viow 
see Mommsen, Rdm. GescMchtef it 2). ** Fn^ti 
this time onward," says Dionysius (iz. 49), ^ n] 
to my own day, the election of tribunes aoj 
aediles was made without birds (augural ctr-^ 
monies) and all the rest of the religions fons5 ii 
the Comitia Tributa." By the same enactnitrq 
the number of the.tcihimeB Wn TtMe& 
twoto ftte (Liv. ii. 58; Diod. ii. 38X 
B.C. «54 to ten (Liv. iiL 30; Dionya. x. 30), 
were elected in equal proportions from the 
classes of the Servian Constitution (Ascon. 
Cornel, p. 77): this change wa« readily 
quiesced in and perhaps even suggested by 
patricians, who foresaw in the larger numl 
increased chances of disagreement, and y^t 
more likely to win over to their own aide oni|| 
many than one of few plebeian naagittral 
Possibly, too, the office of tribune was opened! 
the patricians, two of whom were tribuni ]>!< 
B.C. 448 (Liv. iii. 65), though these^ accorii 
to Mommsen (Rdm. StaatsrecMj ii. p. 265)» 
only coopted members of the Collegioro. 

We are told by Dionysius (ix. 43, 44) 
when Publicius failed in the first attempt 
carry his measure, he added a fresh provi 
enabling the Comitia Tributa to discuss 
resolve on matters of publte importance 
Zonaras, vii. 17) : this was carried alon;; 
his earlier proposal, and Iras of consider! 
constitutional significance : for it thus be( 
easy for the tribunes to unite the plebeisni 
any matter on which thev had to voflHn 
Comitia Oenturiata, and also to eonsnlt thei 
to the suomission of proposals for legislatioi 
the senate: these, if approved, could thei 
referred in. the Qidinaiy way to the ceoti 



LEXPUBLILIA 



LEX BEGIA 



61 



ad tbcrtkj become genuine enactments of the 
soTcreip popnlna (VaL Max. ii. 2, 7 ; Dionjs. 
1. M>, 4^ 52> For tlie farther history, see 
Pl BULUS nad Pi^SBxacrruM. 

rVBLL'LlA i>B SPONSU gave the kind of 
scrci/ celled a j|9onjor an iEctio depensi to re* 
t jvtT twice the anm which he had paid for his 
pnodpal imlees reimbnreed within six, months, 
Li.i enabled him after obtaining judgment to 
I U'Cttd 91 onoe by monies mjecSo pro judicato 
^'Jaios, iii. 127, IT. 22). [IllTEliCESBIO.] 

PUBLIX1A£ LEGES, carried B.a 339 bj 

i^c Dictator Q. Pablilins Philo ; their substance 

ii thus described bj Llvj (viii. 12) : ** Tree leges 

fccondissinas plebeiy adTersas nobilitati tulit:< 

stiaiQ nt plebiscita omnes Qoirites tenerent: 

ftlt'.Tsm, ut legom quae comitiia eenturiatis 

ferreotar, ante initnm suffragium Patres auo^' 

Uro fierent : tertiam, ut alter utique ex plebe, 

qaojD CO rentom sit ut uirumque plebeinm 

.. .jalem fieri liceret, censor crearetur." The 

sr>t of these seems to stand in connexion with 

cBe of the leges Valeriae Horatiae, B»C. 449, 

'« uch enacted *' ut qued tributim plebs 

,T.<«5'srt populum teneret *' (liv. iii. 55) : ue. it 

rf-iored the Comitia Tributa after the seoond 

tvcioiaa oi the plebs, and perhaps also proTided 

t.;i plebiscita which had no oonstitational 

•iip-'Tt, or which related pnrelr to matters of 

{nriu law, should have the force of statute, 

*vea vithout sabseqoeut o>nfirmatioa or enact- 

=e!it bj the centuries. In B.C. 339, the patri- 

fAzs baring now brought themselves te take 

i'fi:!ir part in the business of the Comitia 

Tr.jjts, confirmation bj the centuries must 

•jve teemed a superfluity in any case ; and 

X. jordiagly the first Lex Pabliiia seems to have 

'>'^'«iued with it for all plebiscita whatsoever. 

r. fj itill, however, required to be sanctioned 

'/ the senate before they acquired complete 

.idity; but the necessity of this s^ms to 

i.~i been abolished by the Lex Hortensia, 

i> :. 'iS7, which enacted ^ ut eo jore, quod plebs 

'.tuiaet, onines Qnirites tenerentur " (Gains, i. 

Ug. 1, 2,2,8; LaeUus Felix in GelL xv. 27 ; 

^' L. H, S. xvi. § 37). There is, however, great 

■* Irence of opinion as to the real import of^ 

*-*! the relation between, these three leges, 

*".ch, if literally taken, seem all to have 

: 1^ the asme thing. Walter (QeacMchte des 

' -^ Mechttf { ^) thinks that the last two dis- 

l-^ii with the senatorial confirmation of 

p-oodta which were not proposed " ex senatua 

tt.nute;'' Niebuhr (ii. 415; iii. 170,171, 

4 ^1, tkat the Lex Pabliiia did away with the 

Kesrtj of oonfirmation by the Comitia Ouriata, 

i^l Uat the senatorial approval was dispensed 

i.*3 ^j the Lex Hortensia: while Mommsen 

U n. GetchtdiUt ii. 3) and Lange (i. 469^73) 

b^c the aooounta given to us literally, and hold 

1 • Ust two laws to be merely re-enactments of 

^ '■ \ax Valeria Horatia, which got rid of con- 

l'~ati'}n Inr the senate snd the Comitia Curiata 

\ "'II The view adopted above is that of 

< • au {JnMMiionai, $ 59> 

A* to the meaning of the second liex Publilia, 

-n :f also some difference of opinion, occa- 

><! bj our uncertainty as to the signification 

"^ 'Putict" in the text of Liyy, cited above. 

^rrrimg to one view, it simply re-nflinned the 

' ^titTitienal doetrine that no messure should 

E» Rkmftt*^ ^ cnctment to tkt Comitia 



Centuriata without having been previouriy 
approved by the senate: such re-alfirmation 
seeming desirable in consequence of the recent 
changes in respect of plebiscita, which were 
sanctioned by the senate after, and not before, 
being passed by the Comitia Tributa. But 
Livy's remark that all the leges Publiliae were 
" adversae nobilitati " makes the view of Niebuhr 
more probable, that by ** Patres " is meant the 
Comitia Curiata; the assent of which was by 
this statute reduced to a mere formality by the 
requirement that it should be given 6r/or« the 
oentaries had considered whether they should 
pass any given measure or not. 

The third Publilian Ihw requires no explana- 
tion. We read of a plebeian being censor as 
early as B.C. 351 (Liv. vii. 22; x. 8, 8): but 
this statute required that one of the censors 
should always be selected from the plebs. 

PU'PLA. (Cic. ad Q. Fratr, ii. 13 ; ad Fam, 1 4) 
enacted that the senate should not sit on dies 
Comitiales. Previously it could deliberate on 
any day whatsoever (see Cic ad Fan, xii. 55 ; 
ad Q, Fratr, ii. 1, &c. ; ad Att. iv. 2 ; Liv. xxxix. 
39). Its date was perhaps B.C. 224. 

QUPNTIA, a lex proposed by T. Quiutins 
Crispinus (consul B.C. 9) for the preservation of 
the Aquaeductus. It is preserved by Frontinus 
(de Aqwudud, J2oman.). 

BE'GI A, properly Lex de imperio principis. 
The nature of the imperium, and the mode in 
which it was conferred, are explained under 
iMPERinM. Augustus united in his own person 
most of the republican powers and magistracies, 
though they were bestowed upon him by the 
populus separately and at difierent times. After 
holding the consulship for nine years in suo* 
cession, he received the procontnUire imperium 
and the potestas consuiaria and tribunioia for 
life : the powers of the censorship were granted 
him at first for five years, but were periodically 
renewed without interruption : he was also 
Pontifex Marimus and Princeps Senatua, whence, 
according to some, he took the title '* Princeps " 
by which the earlier emperors were known, and 
which personally he preferred to the style of 
*' Imperator," which, though it belonged toium, he 
never asserted within the city of Rome. [Prin- 
CEP6.3 The practice of investing the emperor with 
these various powers or authorities by distinct 
leges was followed for a considerable time. The 
preservation of the Lex de imperio Vespasiani 
(which seems to have been only a aenatus- 
consttltum representing the old Lex Curiata de 
imperio) has led to the belief that in the time of 
that emperor all the powers enjoyed by Augustus 
were conferred on the sovereien by a single 
statute. The fragment which is extant (Hau- 
bold, Spangenberg, Maman, Legal, p. 221) em- 
powers Vespasian to make treaties, originate 
senatusoonsultOy propose persons to the people 
and the senate for election to magistracies, 
I e pomoeriunif and make edicts with the 
' iw : it releases him from the same laws 
.<ch Augustus, Tiberius, and Claudius 
'eleased ; and provides that all that he 
it oefore its enactment should have the 
I' t as if it had been done by the people, 
ping as the form seems to be, it is 
\t the senate, continued even after 
• '* to dispense the various prerogatives 
i^Dijf.QB».hj one, with afiiactedhesttar 

B 2 



e* 
f . 
f 

h. 
b 

8 
I 

cl 

Vi 

of; 



t !♦ 



h V' 



P.' 



52 



LEGES BEGIAE 



tion/* It was not really till the time of Alex- 
ander Severus that the whole of the imperial 
powers (including the proconsulare imperiunif 
the prmcipaiua tenaitts, and the trAunicia 
potestas) were conferred on the emperor uno ictu, 
and Severns himself remarks upon this as a 
novelty (**quae omnia novo exemplo uno die in 
me contulistis," Lamprid. Alex. Sev, 1) : but 
from his time the practice became usual, the 
formal imperium however being bestowed first 
by a separate resolution of the senate (cf. 
Cfapitol. Max, et Balb, 8 ; Vopisc. Prob. 2). 
For the meaning of legibui solutus as applied to 
the emperor, see Hommsen, HSm, StaaUrechty 
IL p. 728, and Merirale, Hist, of the Somans 
under the Empire, iii. p. 466 aq. 

The Lex de Imperio is in the Corpas Juris of 
Justinian sometimes called **Lex Regia,'* an 
expression which occurs in Dig. 1, 4^ 1, pr. 
(Uipian), transcribed in Inst. i. 2, 6, and in 
Cod. 1, 17, 1, 7. The title of Dominus was 
applied to the emperor as early as Trajan, but 
the phrase ^' lex regia " does not appear to occur 
before the third century, when to avoid the 
comparison between **rex" and *Mmperator" 
would have been mere affectation. For the whole 
subject, see Dio Cass. liii. 16-19 ; Tac Hist. i. 
47, iv. 3, 6 ; and Merivale, Hist. chap. 31. 

RE'GIAE (Lex, p. 32 a supr.; and Jus civile 
Papirianuu). 

BE'MMIA (Cic. pro Bosc. Am, 19, 55). 
[Caluhnia.] 

RHO'DIA, a term used to denote those por- 
tions of the Rhodian maritime code (referred to 
by Strabo, xiv. p. 652 ; and Cic. j^ro lege Manilla, 
18, 54) which were adopted into the Roman 
law, and on which infdrmation may be obtained 
from Dig. 14, 2, and Schryver, Sttr Id Un Rhodia 
dejactUf Brussels, 1884. Its main principle 
was that, where property was thrown overboard 
to lighten and so assist in saving a ship, the 
loss should be portioned out among all in whose 
interest the sacrifice was made. 

RO'SCIA THEATRA'LIS, carried by the 
tribune L. Roscius Otho, B.C. 67 : it assigned to 
the Equites the fourteen rows of seats in the 
theatre next to those of the senatora, who sat 
in the orchestra, to which apparently (V^ell. 
Pat. ii. 32, 3) they had a kind of prescriptive 
right (Liv. Epit. 99 ; Dio Cass, xxxvi. 25 ; Cic. 
pro Murena, 19, 40 ; ad Att. ii. 19 ; Juv. xiv. 324 ; 
Hor. Epod. iv. 16). This provision was re- 
enacted by the Lex Julia theatralis. The 
statute also seems to have assigned seats in the 
theatre to persons who had lost their property, 
whether by their own fault or by misfortune 
(decoctores), Cic. Pha. ii. 18, 44. The law caused 
some popular disturbances when Cicero was 
consul, which he allayed by a speech (ad Att. ii. 
1 ; Plut. Cfc. 13). 

RU'BBIA or GA'LLIAE CISALPI'NAE. 
When Cisalpine Gaul ceased to be a province 
and became part of Italy, it was necessary to 
provide for the administration of justice, as the 
usual forms of provincial administration would 
cease with the determination of the provincial 
mode of government. This was done (b.c. 49, 
Mommsen and Rudorff; b.c. 42, Savigny and 
Puchta) by a plebiscitum proposed by an other- 
wise unknown tribune, named Rubrius, of which 
a portion was discovered in 1760 on a tablet in 
the ruins of Yeleia, which is preserved in the 



LEGES SACRATAE 

Museum at Parma. The whole lex probabl 
covered five Tables, and was divided into cha{ 
ten, of which we have caps. 20-22 completj 
and parts of the 19th and 23rd: it apparent^ 
followed the order of the praetorian edict, an 
regulated the judicial competence and procedu 
of the Cisalpine municipia. Its policy seenj 
to have been restrictive : e.g. it is provided th^ 
the municipal magistrates shall hare jurij 
diction to try by judices (in the ordinst 
Roman fashion) all suits in which the sum ii 
volved does not exceed 15,000 sesterces, aii 
some even irrespective of their amount : as i< 
actions to which their jurisdiction does &< 
extend, they may conduct the prelimlnsiy i| 
quiry, but must remit them for trial to tl 
praetor at Rome. The 19th chapter relates i 
*^operis novi nuntiatio;" the 20th, t-o"dail 
num infectum ; " the 21st and 22nd, to t| 
jurisdiction, especially restricting the right I 
imprisoning for money debts ; and the 23rd, I 
the *' judicium familiae erciscundae." 

The text of the lex is lithographed in Bitscbl 
Inscriptions, vol. i. Tab. xxxii., and may also I 
found in Mommsen*s Inscriptions, vol. i. ^ 
205, as well as in the earlier editions of Carl 
Pietro di Lama, and Haubold (SpangeDb«r|| 
The subject is expressly handled by Savigt 
(Zeitschrifty ix.) and Puchta, Kleine dtU. Scm^ 
ten, 1851 : cf. Huschke, Ud)er die KlagfonM 
in der Lex Rubria ; Gains, pp. 203-242; Hu^ 
Civil. Magagin, vol. ii. pp. 431-496; ti 
Dirksen, Obs. ad selecta legis GalL Cisalp. capa 
Berlin, 1812. 

RUPI'LLAE. These are not leges prop^ 
but regulations ;for the organisation of Sicit! 
comprised in a decretum issued by P. Rnpilia 
its proconsul (B.C. 131), in accordance wi 
instructions given him by the ten lega 
sent by the senate, as was usual (Liv. xlr. Il 
Appian, Iber. 99, Pun. 135; SalL Jugvrt^ 
16) when the organisation of a province «1 
being settled (Cic. m Verr. ii. 13, 16, 4< 
Pseudo-Ascon. p. 212 : cf. Val. Max. vi. 9, i 
There is frequent mention in Cicero's secoij 
speech against Verres of the regulations {lfg(i 
of Rupilius in respect of the Sicilian judicii 
procedure, e.g. one by which he there establish^ 
the supposed principle of the Lex Pinaria, rl 
quiring an interval of thirty days between tl 
proceedings in jure and the appointment of 
judex (cap. 15). Other leges of the san 
person, relating to the co-optation of the seDaj 
of Heraclia, where he had established a colocj 
are mentioned in Verr. ii. 50, 125; and as i 
"res frumentaria," m Verr. iii. 40, 91. (Si 
Marquardt, Rom. StaatsvenoaHung, i. p. 341.) 

RUTFLIA related to the appointment of tl 
tribuni militum (Festus, s. v. Rufuli ; Lir. rii 
5; Ascon. in Verr. t. 10, p. 112, Orelli). 

SACRA'TAE (mentioned or referred to b 
Liv. ii. 33, iii. 55, vii. 41, &c. ; and Cic. p 
&sf. 7, IS; 30, &c. ; de Off. iii. 31, 111 ; <fe i>j 
ii. 7, 18, &c.). The term seems properly to ha^ 
been used of laws to which a religious sanctiti 
was attached, so that the person who was col 
victed of violating them became so^yr: "Si 
cratae leges sunt, quibns sanctum est, qui qu 
adversus eas fecerit, sacer alicui deorum ^1 
cum familia pecuniaque " (Festus). As to tl 
nature of the sanction, something more may t 
gathered from Festus, s. v. Sacer mens : *^ ^ 



LEX SAENIA 



LEZ BEBIPBONIA 



53 



bone uou k eit, qnem popnlos jndicaTii ob 
milf6riqa, seqae &8 est euxn immolari: sed 
qui occidit parricidii non damnatory nam lege 
tribaatda priiiiA cavetur: si qvis eum qui eo 
jMt>ei k8o tacer ait oodderU parricida fie sit.** 
Amokg sach leges sacratae were the Lex Valeria 
d« proToeatiooe, the itatute affirming the iQTio* 
Idbiiitj of tribuni plebU (Liy. ii. 8, 33, iii. 55 ; 
Clc Je Ltg. iii. 4, llX the Lex Icilia de Aven- 
tico (Lit. iii 32) and the Lex militaris referred 
v- bj Lit. Tii. 41. See Emesti's note cited by 
C^reUi, Goero, riii. p. 257 ; Ihering, Geist dn 
ron. JUektSf pp. 273-276. 

SAS^LA DB PATRICI0BX7X NUMEBO AU- 
QaoOf enacted in the fifth consulship of An- 
p»tu (Tac. Aim. xi. 25; Men, Anqfr. JHhe 
yions, tab. 2. See Casu). 

SLALPENBA'NAy a lex of the Emperor Do- 
outiao, ▲J>i 81-84^ regulating the constitution of 
tM Utmeo lonjr of SaJpensa in Baetica. 

SATUBA. [Lex, p. 33 6 sqtr.^ 

SCATHOAE, another "reading for Atiniae 
us Oc PkiL iiL 6, 16. 

SCANTXTnA!^ a lex of unknown date, en- 
&:t<d for the suppression of unnatural crime 
(AoiOB. Epigr. 89; Jur. ii. 44; Cic ad Fam, 
riii. 12, 14; Suet. Jkmit, S}, which was treated 
> the Lex Jolift de adulteriis merely as siu- 
pnta (Dig. 48, 5, 34, 1; CoUatio, v. 2; Paul. 
^e«2. rec ii 26, 13)^ and punished by partial 
cc&bseation of property, flogging, and relegatio 
(/vt IT. 18, 4). For these death was substi- 
tuted bj imperial constitutions (Coll. t. 3 ; Cod. 
^^ S, 31). 

SCRIBCXNIA, of unknown date, enacted 
t^t praedial urban serritudes should not be 
i:qBtnble by usucapio (Dig. 41, 3, 4, 29): 
nstic serritoides oould neyer be so acquired 
(ipart from the praedia to which they were 
laaeied), owing to the impossibility of applying 
V tbcm the notion of possession (Dig. 8, 1, 14, 
K0> The statute, however, did not prohibit 
^ eitiaction of a serritude by lapse of time, 
vbieh the Romans call ^^ usucapio libertatis" 
n^. 41, 3^ 4« 29). But the prescriptire acqui- 
•tioA of serritudes was re-introduced through 
tAe praetorian doctrine of hngi temporis poa» 
"^um. [Seetitdteb; Usuoafio.] See Unter- 
i-Aixaet, VerjahrwgsUhre, iL §§ 195-197. 

SGRIBCyNIA AUMENTA'RLA (CaeL ad 
/■«. Tiit. 6, by 

BCBIBaNIA VIA'BIA, carried by the 
tn^vw C Scribonins Curio^ B.C. 51. Its motive 
^ purport are explained by Appian, Bell. 
" t. ii. 26 S9. : cf. Qrelli's Cioero, viii. pp. 259, 

SEMPBOmA AQBA'SLA, carried by Ti- 

hxva Qraochos when tribune, B.C. 133. In 

^^ttlisg its provisions he was aided by the 

*^v^ of Crassus, then Pontifex Maximus, 

Mxiof Sewvola, then Consul and later Ponti- 

>x lUzimus himself and Appius Claudius 

•''let Th, OraochuSf 9); their main objects 

>ja^ to relieve the poverty of the humbler 

7^*>)u citizens, and to establish a population of 

>« ud independent yeomen over the vast 

'•*icti of public land, the enjoyment of which 

'-^ prtridaas had practically appropriated, not- 

^'^'■tsading the Lex Licinia, and which were 

utbatdate but sparsely peopled by shepherds, 

''risBoi, and a few slave cultivators. Its 

K^ oadmcnt was that "ho person should hold 



more than 500 jugera of ager publicus (Liv. 
Epit. 58; Aurel. Victor de Fir. t7/. 64), with an 
additional 250 jugera for each of two sons : but 
in no case was the holding to exceed 1000 
jugera. From the estates recovered from the 
present tenants, as being in excess of the maxi- 
mum fixed by the statute, holdings were to be 
provided for the poorer and landless citizens, 
which they were to have no power of alienating 
or even letting (Appian, Bell. Civ. i. 9, 10) ; the 
taxes assessed on the land were to be paid by 
the tenant. The execution of the statute was 
entrusted to a commission of three, which was 
to be elected every year (Appian, foe. ctt.), the 
first three commissioners being Tiberius himself, 
his brother C. Gracchus, and Appius Claudius ; 
but it was attended with great difficulties. The 
ager publicus had been held by private persons 
for generations as private property, had often 
changed hands by sale or assignment, and had 
been improved and built upon. Proposals were 
originally made for the payment of compen- 
sation for buildings and unexhausted improve- 
ments (Plut. loc. dt, ; Appian, Bell. (Hv. 
i. 11); but these, it would appear, were with- 
drawn. 

The execution of the measure was stopped by 
a senatusconsultum which extinguished the 
powers of the commissioners to whom it had 
been entrusted ; but it was revived by the Lex 
Sempronia of C. Gracchus, B.C. 123. The senate, 
however, practically rendered it a dead letter by 
employing Livius Drusus, another of the tri- 
bunes, to bring forward agrarian proposals even 
more popular with the proletariate than that of 
Gracchus ; especially one permitting alienation 
of the holdings, whereby the tenants got money 
instead of land, and the rich were enabled to 
buy back the estates of which they had been 
temporarily deprived. (Plut. C. Qracchvs; 
Appian, B^. Civ. i. 21 ff. : for the whole sub- 
ject, see Merivale's Fail of the Boman Bepublio, 
chap, i.) 

SEMPBO'NIA DE CAPITE CITIUH, carried 
by Caius Gracchus, B.C. 123 : it re-affirmed the 
old legal principle that no judgment should be 
pronounced involving the life or freedom of a 
citizen without the assent of the Roman people 
(Cic. pro BaXririo, 4, 8 ; in Cat. 4, 5 ; in Verr. v. 
63, 163; Gell. x. 3). See Ahren's Excursus on 
the statute, cited by Orel 11, Cicero^ vol. viiL 
pp. 264, 265. 

SEMPBO'NLA de pecunia credtta or de 
FENORE, passed by the tribune M. Seropronius 
Tuditanus, B.C. 193. It was occasioned by the 
fact of citizens lending money in the names of 
non-cives in order to evade the laws against 
usury, to which it subjected the Socii and 
Latini (Liv. xxxv. 7). 

SEMPKCKNLA de FBOvmaA Asia provided 
that the taxes of the Roman province of Asia 
should be let out to farm by the censors (Cic m 
Verr. iii. 6, 12 : cf. ad Att. i. 17, 9) : probably a 
different lex from that which next follows. 
[Decumae.] 

SEMPBO'NIA de PROViNcns oonbulabibub, 
passed by C. Gracchus, B.c. 123 : it enacted that 
before the election of consuls the senate should 
in each year determine the two provinces which 
they were to have at the termination of their 
year of office ; which of the two each was to 
take, was to be settled by them afterwards by 



%^ 



54 



LEX 8EMPB0NIA 



LEX THOBIA 



lot or. otherwiie (Sail. JitgurtiMf 27 ^— Clc. pro 
JhmOy 9, 24 ; jtro BaXbo^ 27, 61 ; ad Fom, i. 
7, la; die Prov, Cona. 2, 3). 

SEMPBO'NIA DE 8I7FFRAQII8, passed by C. 
Gracchus: it enacted that the order in which 
the centuries should vote should be determined 
by lot (Sail, de BepubL ordin, ii. 8 ; Mommsen, 
Edm. Gesckichte, iv. 3). 

SEMPBO'NIA FRUMEKTARIA of C. Gracchus 
(Cic. TVisc. iiu 20, 48; pro Sestio, 48, 103; de 
Off, ii. 21, 72; JSnU. 62, 222). [Feuken- 
TABiAE Leges.] 

SEMPBO'NIA JUDiciARiA, carried by C. 
Gracchus, B.C. 122 : it took the judicia publica 
from the senate and transferred them to the 
Equates (Appian, Beii. Civ. 1.22 \ Veil. Pat. ii.- 
6, 32; Cic. m Verr. i. 13, 40 ; Tac. Ann, xii. 
60 ; Florus, ill. 13,17). 

SEMPBO'NIA MiUTARis, for providing sol- 
diers with an out6t at the cost of the state 
(Plut. a Oracchtia^ 5). . 

SEMPBO'NIA NE Qiris judxcio oircum- 
VEVIRETUR (Cic. pro Cluentio^ 55, 151). It 
seems in reality to have bem somewhat of the 
same nature as the Lex Cornelia de sicariis et 
yeneficis. 

«EBVrLIA AGBA'BIA, brought forward 
by the tribune P. Servilius Rullus, B.C. 63 : it 
proposed to divide the ager campanus and campus 
stellatis among the poorer citizens (Cic. in RtdL 
2, 28), to compensate all who had been robbed 
of their property by Sulla by the sale of all the 
ager publicus in Italy and the provinces (Cic. ib, 
2, 15, 38), and to purchase lands in Italy for 
the poor otherwise unprovided for from the 
wealth which had poured into the treasury from 
the recent conquests of Poropeius. it was 
successfully opposed by Cicero as consul, but 
was in substance carried by Julius Caesar, B.C. 
59 (Cic. m Piao/L 2, 4; ad Fam, 8, 6, 5: see 
Julia Aqraria). 

SEBVI'LIA GLAU'OIA de repetctndis, 
B.a 104 (Cic. pro Scauroy 1, 2 ; pro Rab. Post, 
4, 9 ; in Verr, i. 9,26; pro Balbo, 24, 54 : see 
the next note). [Delatio Komuiis; Rspk- 

TUSDAE.] 

SEBVPLIA JUDICLA'BIA, B.c. 106 : by 
this the coqsul Q. Servilius Caepip restored to 
the senators the monopoly of the judicia publica 
of which they had been deprived by the Lex 
Sempronia judiciaria (Tac. Ann, xii. 60; Cic. 
Baa, 43, 44, 86 ; de Invent. i.49;de Orat, iL 55, 
223; pro Ciuent. 55, 151), but it seems to have 
been almost at once repealed by the Lex de repe* 
tundis of Servilius Glaucia : see Klenze's work, 
Fragmenta tegia Serviliae, &c., Berlin, 1825, and 
the extracts from it in Orelli's Cicero, vol. viii. 
p. 268. 

SES'TIA DE BEVOCANDO CiCEBONE, B.C. 67 

(Cic ad Att. iii. 20, 3 ; ib, 23, 4). 

SI'LIA, ctrc. 244 B.C., introduced the legis 
actio called condictio, for the recovery of 
"certa pecunia" (Gains, iv. 19). [Per Coh- 

DICriONISM.] 

SI'LIA^ a plebiscitum proposed by P. and M. 
Silios, tribuni plebis, in respect of publica 
pondera (Festus, a. v. Publica Pondera). 

SILVA'NI ET CABBO'NIS. [Papiria 
Plautia.] 

SULPrCIAE, proposed by the tribune P. 
Sulpicius Galba, a supporter of Marius, B.C. 88, 
and enacting the recall of the exiles (Auct. ad 



fferenn. ii. 28, 45), and the distribution of the 
new citizens and the libertini among all the 
thirty-Bve tribes (Ascon. in Cbm. p. 64,0nlli): 
conferring the command in the Mithridatic 'uar 
on Harius in lieu of Sulla (Yell. Pat. ti. 18, 6), 
and prohibiting senators from Incurring debts 
beyond 2,000 drachmae, or 20;000 asses (Plat. 
Sulh, Sy Appian (^Beil. Civ, i. 59) says that all 
tliese laws were repealed {&t otic 'hPOfia) by 
Sulla and Pompeius. (Cf. Lir. Spit 77 ; Cic. 
PAtV. viii. 2, 7.) 

SULPI'OIA SEMPBO'NIA, b.c. 3(M; 
clearly the same as the Lex Patiria de oosse- 
CRATiONE AEDiuu, and improperly named after 
the consuls of the year by sotne writers; its troe 
title is clear from Cic pro Domo, 49 and 50, 
128. (Cf. Gains, ii. 5-7.) 

SUMPTUA'BIAE. pUMPTUARIAEtEClS.] 

TABELLA'BIAE. [Tabellakiae Leges] 
TABPE'IA ATE'BNIA. [At£rnia Tak- 

PEIA.] 

Y TEBENTI'LIA, the proposals Qf the tribune 
C. Terentilitts Arsa (B.C. 462), which evciituslk 
led to the enactment of the Twelm Tsbles (Liv. 
iii. 9, 10, 31; Dionys. x. laq.) [Duodecih 
Tabularum.] 

TESTAMENTA'BLIE. [Cornelia; Fal- 
cidia; Fufia Caninia ; FimrA; Voookia.] 

THO'BIA. This agrarian law, proposed bf 
a tribune named Sp. Thorius, is mentioned bv 
Cicero {Brut 36, 136 ; de Orat. il, 70, 284) and 
Appian {Bell. Civ. i. 27), and was one of thrf« 
statutes by which such provisions of the Lei 
Agraria of C. Gracchus as had not been repealed 
by M. Livius Drusus were abrogated (Appian, hK. 
cit.). The first, whose author is unknowa, was 
passed B.a 121, and apparently confirmed the 
enactment attributed above {[Sempronia Agea- 
ria] to Drusus, which permitted the sale of iaiKJ- 
assigned to the poorer citizens under the law ^. t 
Gracchus : the second (Lex Thoria), B.C. 119 or 
118, prohibited all future distributions of sger 
publicus, abolished the 'Uriumvfri agris daodis 
assignandis " established by Tiberlua Gracchus, 
and confirmed the old posaesaores in their hold- 
ings subject to the payment of a tax (rectigal), 
which was to be divided among the needier 
citizens in lieu of land: the third (B«c. 111). 
possibly proposed by the tribune C. Baebins 
(Sail. Jug. 32, 33), relieved the posaessoreaottliu 
tax altogether. 

The relation of these leges to one another is 
connected with the fragments of an extant 
bronze tablet, containing inscriptions on both 
sides: on one, parts of the Lex Servilia de 
repetundis (the chief authority on which is 
Klenze*s work) ; on the other, parts of a Ux 
Agraria. The largest and most important of 
the fragments is now in the Museo' Borbonico at 
Naples. The Lex Agraria was cut on the rough 
back of the tablet, the smooth side of which wa.>i 
intended for and occupied by the Lex Servilia; 
and the agrarian law being considerably longer 
than the latter, '' the characters [on the reverse- 
side] are remarkably small, the lines narrow, the 
abbreviations numerous, and the chapters only 
separated by two or three points, whereas on the 
other side the letters are uniform, large, and 
well made, the lines wide, the words written at 
f^ill length, and the chapters of the lex separatod 
by superscriptions * . . Further, the lines of 
the Agraria Lex are often so oblique that they 



LKL TlnA 



LEGES YALEBUE HOBATIAE 55 



<Tos the ftraigkt Iimb on the opposite sid«, 
vkiek m rat rtry deep, and ooniequentlj are 
xmUt «B tke ^e on which the agrarian law is 
cQt"(RadoHi). 

Titt nsra-sobjeet of the lex, to which the first 
<4H»tei ebapten or forty-three lines refer, is the 
pvbhe bad in Italy as &r aa the rtven Rubico 
ifrJ Msera. ttsaeoond pot, coT«riDg fifty-three 
liLttf nlstcato hind both public and private in 
tb«pcovinee-of Afiriea: the final portion to the 
RoBJEB pabHe land in the territory of Corinth. 
Kcdtfiff {XeUacknft fitr rtehtsgetch, TTissm- 
tihaft, vol. z. ppw l-I^) is of opinion that the 
I'X spplicd to other land also, and for two 
reMDs. first, the Roman agrarian law4 of the 
strreatb entnry of the cfty(tf.^ the Lex Serrilia 
-f Kallas)appairetttly related to all the proriuces 
•'f tkt Emp^ Secondly, the flmgnient of this 
lei, vhwh it preserved, is so broad compared 
^\ik its height that the whole tablet may be 
< <nd«ded to ikave edntained three times as much 
:..>tbe-portioB which we have; for nearly all the 
I'lQiat tablets, on winch Roman laws are cut, 
uv oblong in form, with the height much 
zrtaUT than the width. Of the tero-thirde of 
tbr tablet which he enppoaes to have been lost, 
»> trace has yet been difecovered. 

Radetfl^ in hfs essay on this lex (i^itten in 
l<>d), identified H with the Lex Thoria, by 
«faicb name it was known for some considerable' 
tinM. But more recently (Bfhn. SeehtBge- 
xUektty L § !• : cf. his note in Pnchte's InstiU- 
UnAiy^ 72, () he has accepted the conclosion 
<f Mommsen {Berieliie der Sachs. GeuUachaft^ 
\^U p» 93) that it really is the third of the 
i«f«s above mentioned, which possibly was a Lex 
B«bia. It is certainly said by Cicero {Brut, 86, 
1^) that Spu Thorius *^ agrum publicum vitiosa 
«t iButili lege Tectigali leravit;" but this 
Monuosen rendera ^ relieved the ager publlcus of 
!)« iiMleBS agrarinn law ofiSracchus by Imposing 
•c It s recti^" The 19th and 20th lines of the 
l«i OB the t&let (which decree the repeal of the 
^Ktv^dia) seem to be conclusive in favour of 
thji and against Budorff's earlier theory. 

The extant text of this statute is printed by 
Homnuea, /ascr*. Lot. No. 200, and by Rodorff 
:b the essay referred to : cf. Huschled, kritisdm* 
/i^riacA, 1M1, pp. 579-620 ; Zumpt, Comment. 
Ipi^rapk. 1860, pp. 205-221; and Walter, 
^uekiddsdrnfenu M&cMs, § 252, and note 69 16. 

TITIA. Similar fai its provisions to the Lex 
roUida (Dig. 11, 5,2^3> 

Tl'llA AGBA'BL/L (Val. Max. vUi. 1 ; Cic. 
i- Uq. iL 12^ 31 ; Julius, Obs. c. 45). 

TITIA DC TinoBiDUS [Julia et Tttia]. 
Aasther UxTStin is refemd to in CSc. woMw. 

TBEBOHIA, carried by the tribune L. 
Treboains (kcl 44&X and enacting that if the 
Cuaitiawere imnble to elect ten tribuui plebis 
'^ tilt pfoper day, these actually selected should 
>vt fill ap the vmeanciee by cooptation, but the 
^^tia be continued until the full number was 
'»«P»«U (Uv. til. M, 65; r. 10). 

TREBO^NIA DE TSOVIKCUS OQMBtTLAJtmnS, 
^< fA (Liv. EfU. 105 ; Dio Cose, xxxix. 33 ; 
I'M. <:^ siAk 43). 

TRIBUNI'CL^ Plebisdta are commonly 
^*«<rihid aa** leges tribunietee:" but the term 
s «ho sralied by Cicero (m Verr. i. 16, 42) t4 the 
*^ hy wfaieh Poi^ias restored to the thbunea 



the powers of which they had been shotn by 
Sulla. 

TCJ'LLLA' DE AJCBtrn, carried by Cicero B.a 
63 (^0 Mur. 3, 23, 32, &c. ; pro Seat. 64, 163 ; 
in Vatin. 15, 37 ; Dio Cass, xxxvu. 29). [Ax- 
MTUS.] 

TU'LLIA DE UBERiB LEOATiONnnn, also 
canned by Cicero (de Leg. iti. 8, 18). See 

LE6AT08. 

UNCLA'BIA (Festus, p. S75). [Cobnelu. 

UNG9ABIA ; cf. VALERIA DE A£RB ALCEHa] 

VALE'BLA D£ AERE AUEMO, Carried B.a 86 
by L. Valerius Flaccus, reducing all debts by 
three-fouithft (VelL Pat. iu. 23; SalL OoA. 33 ; 
Cic pro Fonteioy 1, 1). 

VALE'BIA DE CIVITATE CalufrXhas 
Veuenbis, B.C. 98, A privilegium by which a 
priestess of Ceres was made a dvis Somana 
(Cic. pro BaXbOy 24, 55). 

VALE'BLA DE CtVITATETORllIAHOSUlt, &C., 
B.C. 88 (Liv. xxxviii. 36). 

VALi/BLA DE AAMDsnrjECTtoira. [VaIlia.] 

VALE'BLA. DE SiTLLA DiCTATORE, oarrtcd by 
L. Valerius Flaccus, B.a 82, giving the force of 
law to all Sulla's acts (Cic d$ Lege agr. iii. 2, 7 ; 
de Leg. i. 15, 42 ; pro Boec. Am. 43, 126 ; Pint. / 

anOa^ssy. W 

VALE'BIAE, proposed and carried ac. 508 v 
by the consul P. Valerias, with the object of 
relieving himself from the suspicion of aiming 
at the kingly poWer and increasing his own 
popularity: means by which he acquired the 
name of Publicola or Poplicola, by, which he is 
generally known. The fint and best known of 
his laws is that which reduced ^e powers of 
the magistrate (de Provocatione— de Multa) by 
enacting that every citizen, whether patrician 
or plebeian, should have an appeal {pfrovooatio^ 
to the Comitia (curiata, Walter, Qeschic/Ue dee 
rdm. Bechis, § 40; Schwegler, xxi. 17, xxv. 12; 
centuriatOy Mommsen, Bdai, Geschichtey ii. 1, 
and Buschke, Rein, Becker-Marquardt, &c.) from 
any magisterial sentence by which he was oon- 
demned to death or flogging (Cic de Bep. if. 31, 
54; Val. Max. iv. 1 ; Liv. li. SO), or to payment 
of any fine larger than two sheep and five oxen 
(Plttt. Popl. 1 1). Cicero (de Bep. ii. 31, 54) says 
that this waa the first lex passed at the Oomitia 
Centuriata. The right of appeal only applied 
to Rome and its precincts within A mile of the 
city, for the imperium of the Consuls beyond 
this boundary was unlimited (*' neque enim pro- 
vocationem esse longius ab urbe mille passuum," 
Liv. iii. 20). The second Lex Valeria of Publi- 
cola declared accursed anyone who formed 
designs to grasp the kingly power, and made 
both him and his property eaoer [Sacratae 
Lboes]: Dionys. v. 19, 70; Pint. Pcpl. 12. 

VALE'BIAE HOB A'TLAE, carried B.C. 449 , , 
by the consuls L. Valerias Potitus and M. Hora- • 
tins Borbatus. The probable import of one of 
these, irelating to the binding force of pUbiecitOf 
has been stated above [Pubuliae Legbb]; A 
second was intended to secure the principle of 
the Lex Valeria de provocatione, enacting ** ne 
quis ultnm magistratum sine provocatione 
crearet : qui creasset etmi jus fasqae esset occidi, 
neve ea caedea capitAlis noxae haberetur '* (Liv. 
iii. 56.^ cf. Cic de Bep. ii. 31, 54). This principle 
was re-asserted again almost at once by the Lex 
Duilia (Liv. Uk. cit.), and many years afterwards 
by a third Lex Valeria^ passed by M* Valerius, 



56 



LEX YALLIA 



consul B.G. 300, which Livy (x. 9) says was 
armed with more precise sanctions '* quod pins 
paucorum opes qnam libertas plebis poterant.*' 

A third Lex Valeria Horatia made ^'sacro- 
sancti " the persons of the. plebeian tribunes and 
aediles and the "jndices decemviri" (LW, iii. 
55) : anyone who yiolated the enactment being 
made " sacer " to Jupiter, and his property con- 
fiscated to the temple of Ceres and Liber. The 
**judices decemviri*' seem not to be two sepa- 
rate classes of judges, but the collegium of 
decemvirs. 

YA'LLLA^ according to Stndemund's recen- 
sion, the name of the statute mentioned by Qaius 
(iv. 25), which limited the operation of Manus 
injectio for execution purposes to judgment 
debts (judioatum) and debts established by actio 
tkpensi. Q^ublilia de sponbu.] 

VA'BIA (Val. Max. viii. 6, 4 ; Appian, Bell, 
Civ. i. 37 ; Gic. I\ucAi, 24, 57 ; jtto SoawVt 1, 
3 ; Brui, 56, 89). [Majebtas.] 

VATrNIA DE OOLOSIS, under which the Latin 
colony of Novum Comum in Cisalpine Gaul 
was founded B.C. 59 (Suet. Jul. 28). 

VATrNLA DE IMPERZO C. Caesakis, carried 
B.C. 59 by the tribune P. Vatinius : it conferred 
on Julius Caesar the province of Cisalpine Gaul, 
with lUyricum, for five years: Gallia Trans- 
alpina was subsequently added by a senatus- 
consultum (Sueton. JtU. 22; Dio Cass, xxxviii. 
8 ; Appian, Bell. Od. ii. 13 ; Yell. Pat. ii. 44 ; 
Cic. in Vatin. 15, 36 : cf. Trebonia). 

YATI'NIA DE REJECTIONEJUDICUM, carried 
by the same P. Yatinius : it enabled both accuser 
and accused in a trial for Repetundae to once 
reject the whole coneilium of judges drawn by 
the praetor : previously they had been able only 
to challenge individual members of the panel 
(Cic. m Vatin, 11, 27 ; Schol. Bob. pp. 321, 323, 
OrelU). 

YATl'NIA DE L. Yettii ihdicio (Cic. in 
Vaiin. 11, 26 ; Dio Cass, xxxviii. 9 ; Appian, Bell. 
Civ. ii. 12; Schol. Bob. in Vatin. p. 320, Orelli).. 
YEGTIBULICI, a law supposed to have 
been passed by the Comitia in the time of Trajan, 
and so later than the Lex Agraria of Nerva, 
generally held to have been the last enacted in 
this manner. The reading in Cod. 7, 9, 2, on 
which the assumption rests, is probably corrupt : 
see Puchta, Jnstitutionen^ § 106, note b. 

YE'RELA FRUMENTA'BLA (Cic. m Verr. 
iu. 49, 117). 

YLA.'RIA, a name sometimes given to the lex 
of Scribonius Curio, de viis muniendis [SCRi- 
bonia], because described under it by Cicero, ad 
Fam. viii. 6. 

YIGESIMA'RIA (Gains, iii. 125, 126 ; Dig. 
2, 15, 13 ; 11, 7, 37 ; 28, 1, 7, «ic.). [JuLIA 
YlCESDfARIA.] 

YI'LLLA ANNA'LIS, b,c. 180. [Ajihales 
Leobb.] 

YISE'LLLA, A.D. 23, rendered libertini liable 
to a criminal prosecution who fraudulently 
attempt to exercise the rights of ingenui (Cod. 
9, 21 ; 10, 32, 1) : it also enabled Latini Juniani 
to acquire the civitas by service in the Roman 
guards (vigilea) for six years, which was subse- 
quently reduced to three by a senatusoonsultum 
(Ulpian, Beg. Hi. 6). [J. B. M.] 

LEX y6C0NIA. [Vooonia Lex.] 

LEXIARGHI (Xif(/apxoO- [Eoclesia.] 
L£XIABGHI(X)N (Xii^opx^H [Dsmub.] 



UBELLUS 

LEXIS (Xnlif). [DiKi.] 

LIBELLA. 1. The diminntive form ci 
l&ra, a Roman pound, and naturally applied not 
to the heavy pound of copper, but its eqnivident 
in silver. Varro writes as follows (L. L. x. 
174) of the libella: ''Nummi denarii decumj 
libella, quod libram pondo as valebat, et erat 
ex argento parva." This phrase has been much 
discussed, and has misled many metrologi&t^ 
but the latest researches (Uultsch, Metr^ogii^ 
ed. 2, p. 275) seem to show that Yarro's woidi 
contain two errors and one truth. He is wrooc 
in supposing that the denarius was ever equal 
in value to ten heavy or libral asses ; in fact it 
was equivalent to four (As, p. 205) : and he is 
wrong in supposing that the libella was ever 
issued as an actual coin ; it was in fact a mere 
money of account, like the guinea among our- 
selves. But he is probably right in his asser- 
tion that originally the libella was the tenth ot' 
a denarius, and so equal to seven grains of 
silver, or one aa of the triental reduction [As, 
Yol. L,p. 205]. Later it was reckoned aa the tenth 
of the sestertius, and so as equivalent only to 
1*75 grains of silver. The half of the libella 
was Uie sembella (Yarro, v. 174), and it^ 
quarter the teruncius. The relation (one-tenth) 
of the libella to the sestertius or denarius gsT» 
rise to the phrase *' heres ex libella '" (Cic. 
adAtt. vii. 2, 3), applied to those who inherited 
the tenth of an estate ; while he who inheritei 
the fortieth part was called '^ heres ex temncio " 

9. (Also, but less frequently libruL) A car- 
penter's level, called by the Greeka Sui^^f. 
and also in poets (from the pendant tongue) 
<rra^vx4 (Hom. 11. ii. 765, 
where Schol. <rro^vX^ 7^ t 
r^moviKhs Zia^1in\s)i in Co- 
lum. iii. IS, 12, libella faMlis, 
--cf. Plin.xxxvi. 172; Vitruv. 
iii. 5, 2 : in Lucret. iv. 515 
(where other instruments also 
are mentioned), " libella aliqua 
si ex parti claudicat hilum," 
the idea is clearly of the 
legs not being set truly. In 
Caesar {B. C. iii. 40) the form , 

libra is used, which seems to ^^S^Lltl^ 
, ., 1 ^ L •*. • ters level, (rroai 

be the regular form when it is « grave^toDf, 

applied to water-level, so that , Qnitar,p.644,i.) 
infra libram maris means ** be- 
low the sea-level." (Blumner, Tecimohgie, &c., 
ii. p. 236.) [O. Is: M.] 

LIBELLU8, properly the diminntiTe form 
of liber, and therefore means a small book-roll 
[see Liber]; but as regards its use in that 
sense, it belonged particularly to books of 
poetry. There are other technical meanings 
which require notice in this place. We find 
libelluB most frequently used in writers under 
the Empire for a memorial of any kind, either tn 
accusation (whence our /i6eO, or a petition ; snd 
also to official notifications of any kind. In all 
these senses the libellua implies a roll made up 
of very few pages, or it might be only a single 
page. (Cf. birt, Antike Buchween, p. 22.) It 
was used by the Romans as a technical term in 
the following cases : — 

1. Libelli acGusatorum or occusaforM were the 
written accusations which in aome cases a plsin- 
tiff, alter having received the permission to 




LIBBLLU3 



LIBEB 



67 



bns{ aa MtioD against a person, drew np, 

sigMi, ad MDt to the judicial authorities, yiz. 

ta tk dtj to the praetor, and in a province to 

tfee pnoontnl. (Cod. 9, 2, 8 ; Dig. 48, 5, 2, 17, 

J^; 47,2, 74.) The form in which a libeUus 

vaa^oriu was to be written, is described by 

CTpiu ia a case of adolterj (Dig. 48, 2, 3). 

Tie sccoser bad to sign the libellos, and, if he 

•?oaid Bot write, he was obliged to get somebody 

'iie to do it for him. If the libellos was not 

vntten in the proper legal form, it was invalid, 

t»t the plaintiff bad still the right to bring the 

tame action again in its legal form. (Jnv. vi. 

JH&c.;Tac Amm. iii. 44; Plin. Epist. viL 27; 

ct)mpaie Brisson, de Form. r. c. 187, &c) 

2. LiheUi fasmm were what we call libels or 
penqainadea, intended to injure the character of 
?«iMos. A Inw of the Twelve Tables inflicted 
Tvrj severe ponishments on those who composed 
artaaaatory writings against any person (Cic. dif 
lu hA. iv. 10, 33 ; Amob. iv. p. 151> During 
ihe latter part of the Kepnblic this law appears 
to have been in abeyance, for Tacitus {Ana^ 
i 72) lays that previous to the time of Augustus 
::bcls had never been legally punished (compare 
«^c otf idm. iii. 11), uid that Augustus, pro- 
voked by the audacity with which Ca»ius 
^^rerus bjonght into disrepute the most illus- 
tnoQs petaons of the age, ordained, by a Ux 
aa^estatis, that the authors of libelli famtm 
^oaU be brongbt to trial. On this occasion 
AagQstus, who was informed of the existence of 
^Tfnl such works, had a search made at Rome 
W the aedilea, and in other places by the local 
cafistratea, and ordered the libels to be burnt ; 
>»atc of the authors were subjected to punish- 
cwat (Dio Cass. Ivi. 27). A law quoted by 
Vlpiao(Dig. 47, 10, 5) ordained that the author 
« ! a iSidhta famomts should be mtesUdrilis, and 
•:chBg the later period of the Empire we find 
:iU capital punishment was not only inflicted 
•7<« the author, but upon those persons in 
'&cee possMsiop a Hbettw famoaus was found, or 
•iM> did not destroy it as soon as it came into 
'>ir hands (Cod. 9, 36). For further informa- 
in on this subject see Rein, Das Criminairtcht 
arr RSmer^ pp. 378, Ac, 531. 

3. The "oomites in fasce libelli" (Juv. vii. 
'>7; see Mayor's note) are the extracts from 
•4viaad otho" matters connected with his 6rMr/, 
^feich the barrister brought into court. (Cf. 
Jw. vi 244.) 

4. lAtUm is used by Roman jurists as 
-i^iralent to Oratio Prmcipis. [ObatioNES 

y The word Ubeilut was also applied to a 
^^>net J of writings, which in most cases probably 
*="9uted of one page only : — 

a. To any ^ort letters or reports addressed 
v> Ue senate or private individuals (Suet. Jul. 
iii^. 84; Cic ad Fam. zi. 11). 
V To the bills or programme called Kbeili 
^^^otorUy or nuaurarH, which persons who 
^▼e gladiatorial exhibitions distributed among 
••^ people. [Gladiatokes.] 

^ To petitions to the emperors (Juv. liv. 194; 
^«t. iii^. 53; Mart. viii. 31, 3; 82, 1). The 
^peron had their especial officers or secretaries 
«^ attended to all petitions (Obeitis prae/ectua, 
'T naqiiter KbeUomm, or a libeUis, Dig. 20, 5), 
'■3d who read and answered them in the name 
^ tbc cmpesor (Suet. Xhmit 14). Such a 



libellus is still extant. See Gruter, Inaeript, 
p. DCVII. 1. 

d. To the bill of appeal called libettuB appaUa- 
iorius, which a person who did not acquiesce iu 
a judicial sentence had to send in after the lapse 
of two or three days. (Dig. 40, 1.) 

e. To the bills stuck up in the most frequented 
parts of the dty, in case of a debtor having^ 
absconded (Cic. pro Quint, 6, 15, 19 ; Rein, £ihn, 
Privatr. p. 499). Such bills were also stuclc 
np on the estates of such a debtor, and his friends 
who wished to pay for him sometimes pulled 
down such bills (Senec. de Bene/, iv. 12). 

/. To bills in which persons announced to the 
public that they had found things which had 
been lost, and in which they invited the owner 
to claim his property (Plant. £ud, v. 2, 7, &c ; 
Dig. 47, 2, 44). The owi|9r gave to the finder a 
reward (cSpcrpa) and received his property back. 
Sometimes the owner also made known to the 
public by a libellus what he had lost, stating 
his name and residence, and promising to give a 
reward to the person who found his property 
and brought it back to him. (Propert. iii. 21, 
21, Ac) [L. S.] [G. E.M.] 

LIBEB (filfi\0Sf MJdov), a book. But it 
must be recollected that these words in Greek 
and Latin until a very late period mean a book, 
in the form qf a roll, as will be explained below, 
and that the modem book shape was used only 
for the codex (in Greek, re&xof : see Codex), 
and not for literary publications. The name 
liber itself is either a misconception or a relic of 
antiquity applied to something different. It 
means **rind" or ''bast;" but there seems no 
doubt that not the rind of the papyrus, but the 
pith (which Cassiodorus rightly gives as medul- 
UUy, was used to make paper {chartd). The 
true liber or bast is thought to have been used 
in pre-historic times for writing in some form, 
as were also leaves of trees (Plin. H. N. xiii. 
§ 69); but this has nothing to do with the 
material of charia ; nor has the substance ^t/yro, 
which Pliny seems to apply wrongly in describ- 
ing the manufacture of paper. Phil^ra, as Pliny 
himself elsewhere, (xvi. § 65) explains, was the 
inner bark or skin of the lime-tree, which, aa 
it happens, was also used for writing, though 
not in the form of cAorto (Olpian, Dig. 32, 52). 
It is unnecessary to go further here into thia 
point, which is fully discussed by Birt {AnHhe 
Buchiceseny p., 229 sq,). The same view ia 
adopted by Marquardt {Pnvaileben^ 800) and 
Blumner {Technologies i. 309). Of the linen 
material for books little need be said. It belonged 
to very early times among the Romans ; for the 
Libri lintei are referred to by livy not as exist- 
ing in his own time, but as mentioned by 
Licinius Macer (liv. iv. 7, 13, 20, 23). They 
were not booAsj but merely public records with 
lists of magistrates, kept in the temple of Juno 
Moneta. Livy also speaks of a Samnite ritual- 
book as a " liber vetus linteus " (x. 38). In 
much later times linen was used for note-booka 
by Aurelian (Vopisc, Aur. i. 7). The Egyptian 
papyrus of which paper (chartay was made 
formed an article of trade before the time of 
Herodotus (v. 68). He calls the plant /S^/SAor 
or fiifi\os, but Theophrastus distinguishes vd- 
mtpos as the plant and $i$\os as the pith, the 
true material of the paper. It was so largely 
exported that Cassiodorus (Ep. xL 38) ^aka of 



68 UBEB 

tba abolitioa of U» tax q^b it bf ISiMdaTta oi 
the [imoval of an impediniHit to launing. The 
p»pjTiu plant gtom io. Bwampa to a height. of 
too feet or more, and paper irai niaDnfactand 
frmn it (phnoipal))' at AlnnDdria, but aba at 
~ Itome) in the follonring manner (ne PJiDf, liii. 
S 77). ' The pith ot' Che papjroa wm cut iuto 
itripa called tMdae (or, in Fegtoe, inae) ; th«M 
atripa irara placed alanpide ooa aeether on a 
wettfid board, and, if tken iraa not glatinooa 
propartT enoagh in the papain, tbej wen 
smeared with pMte: upon them tranaranetj 
vai plaoed a aecood layer fanning a eron pat> 
tarn or network : the whole va* pruned and 
baalen into a cutuiitMit form and imoethed dowm 
with an iiorr ioitrnmEnt (hence cAorla.dMitata), 
or a shell (Mart. xt. 209), fbiming a lingla page 
(jiagiiia, atKli), which. «M called in its. mano- 
bctere plagida, becanee of the network pattern 
in tha initial atige (cp. the eiprsMonj " l^Mre 
chartam," frpia Ri^mt, it). Plinj ((. c), un- 
leM the nading ii altered, icema to think Chat 
the Nile water ilaelfactadaa a paata: thia is in 
itself highlj improbable, and we mnj more lafelf 
condnda that the papyriu itself jiclded the 
glutinous snbstaDce when, a* in Egypt, it wai 
freah, bat when it was imported nod dry tha 
paste was neceisary, which Pliny deaeiibei aa 
mad at Bome. Pliny iHikcni nine aorta or 
qnalitiea of paper: (1) the beat ecit had once 
bean called in Egypt kUraiica, because it was 
ipeojally oseil for saczed books, but in the Em- 
pire it was called Aitgtuta, and was 13 duflti 
broad, and from a similar complimeat the second 
quality was called Lifia, to Chut, as Pliny notao, 
the latratiai was relegated to the third dasa; 
(4) the amplutlieatrioa, ao called becaosa icwaa 
manaraotniwd near the amphrthvatre at Alai- 
andrla, 9 digili broad : (5) an improvement upon 
this by a Roman Fannius, and therefore called 
Fmntana, 10 cUgiti broad ; (6 and 7) Saitka and 
Taaniotiea (8 digiti), lO called from the places of 
their mannfactun in Egypt ; (S) emporttaa, 
nasi not for wiiting, bat, as the name saggesta, 
for wrapping up parcels. Later in Claudina's 
reign came the Claudia, which was a foot broad, 
and was regarded a* aa improTement, because it 
was thick enoogh for writing oa both sidei, 
whereas the Aognsta was thin and transparent,. 
and could only take writing on one aide. Parch- 
it (lumtnuia) wai alao a common material 



aooount seemi l« be that great impmmoeit 
in the preparation of Si^Wos was intro- 
duced either by Liunenes ot Attilna at. I^r- 
gamum, whence the term ptrganttaa, parchment, 
inaimnch as farmarly ijfit^ were naed (like 
lAarta) only OB one aide, and now they- were 
smoothed for writing on both ildei, and in thii 
improved form exported to Rbme. Bnt it it 
important to notioa that ofcirCa was until long 
after the Augnatan age exoiuairely uaad fut 
lilarary publicationo. Parchment was bownd tn 
the oodei form (or book shape), and nard for 
accoont booka, for willa, and for notes. In fact, 
it competed rather with wax tablets tbsii with 
paper. The msmtrma in Horace, ^1. iL 3, 2, 
A. P. 38S,.1b need for the rongh copy of poems lo 
be altered aad pukliahed l^er ("deleca licebii 
qoodnoD ediderii"); and tha. same, puipoac ii 
served by the parchment la a diptych auutnd 
yellow in Juv. <riL 34. Far bookt, iia. litararT 
publications, the codai was used iirst by 
ChHatian writers, beginning with the ootlicaa uf 
the pacrad writings ; for other writingB aiwcelv 
before tha second half of the 3rd oantuxr, and in 
geoerat use not before the Sth centnry- Eioep- 
tions to thia appear in Martial, liv. 188, 190. 
leSi but the mtabrana there may otaly refer 
to the wrapper, which enclosed the ri^ : cf. Uart. 
i. 3, 3. Letters were written on wai tableta or 
QB . paper, not on parchment. That the aviird 
^iinpititus in Cic Fool. viL 18 dnes not gaijuay 
this, is ahowB hy his use of dnrtula in thai 
passage. 

The pages {oiMttt, jMgimu) having brca 
prepared in the manner dtacribed sbova, th«y 
were pasUd together jconglMtinaiae) to fom a 
long roll; but scmeCimea thepageswere writti;n 
first and paated into a roll afterwards, for which 
purpose some people kept glvtotolarvs (Cic Alt. 
iv. 4). Tbe writing was in columns, so that the 
lines of writing were parallel to the sides of th« 
roll : on each page there was a eeluun, and 
there was a blank spaoa between each cDlumn. 
Down to tha time of Caesar, however, it was the 



cAorta ,' that ii to lay, acnw the whole breadth 
of tha roll, so that the lines of writing were at 
right angles to the sides of the roll. This ei- 
pUios the passage in Suet. JvL 56. The shnpc 
and appearance of Greek and Soman hooka will 
be imdentood from the following woodcot. 




: the Jews, it hsd I 
he Egyptian! (Diod. 
i see Birt, p. 49). 



well known, 
what papyrus 
33; Herod, v 

is therefore not strictly correct of Vi 
FliD. liii. S 70) to say that parchment for 
writing was an invention of Eumenes U., king 
of Pergamum (about 180 D.O.)i in consequenct 
of the Jealooiy of Ptolemy Epiphanes, who pro- 
hibited the eiportation of papyrus. (Jerome 
tella ^e same story of Altatos.) The tme 



(From a painting at Bi 

The roll was sometimes of Gousidenhla length. 
The Scholiaata indeed (quoted by Blrt, p. 444) 
speak of Thucydides and Homer being written 
each in one long roll. The roll ofThscydidee i> 
estimated ^t about 578 pages, nearly 100 yards 
— surely an incredible length; and a Hoinrr 
roll, 120 :rardi In leneth, is said to have been in 
existence st Conitantinopie. But thia wai cer- 
tsialy not the usual system, ami the roll rarely 
eicacded 100 pages (cf. Mart viii..44), and wat 



USSR 



LIBEB 



59 



«s»Of awh tnimller. It was eustoaarf io 
ditidea Urng work (opva or corpus) into sereral 
bwb (An); -tadi Kber beiog ift one roll* 
(nimm; ia Oreek, rofi^f or ic^AcySpos). . €keek 
vritffs •sBctimta called these /An or diTisions 
ef t wwi fffgAtflt. aometimes X^yai, and in the 
ktcr Empim tfvyyp^Mtcnro. Thins, in contraat 
*c Hm ka^ roll of Homer, said to hare been at 
(Vs5tuitinopl«,we hare the papfr^ of the 24tk 
bftok of the Iliad from Elepbmtine, so that the 
■^piete Iliad wonM haTO been in 24 rolls or 
rrlvscs. Tha pages were numbered, or at anj 
nte the total mmber was nsnally put on the 
ishhs : ersa tin total iramber of Terses, or of 
;ciies is a proae work, w«re sometimes written 
«a it. Thns Joaephus reckons 60,000 ^rtxoi at 
thf end of hia 20th book of Antiquities, and 
Jcstisian gires io the Digests '^centmn qnin-' 
qnpata pacoe miHa versvam." The price of tho 
toc-k was in part catimated by this nataber, and 
Miiqvardt cites an edict of Diocletian (C /. L, 
m. p. 851) in which the payment of the copyist 
ms Hxed at so much for every hundred lines. 

The wiitin; was usually only on one side of 
the paper. The other side in cast books was 
Uibsed far schoolboTS* exercises: "libelle 
tiTcrsa pocris arande charta " (Mart. ir. 86), or 
u ftribbliBg paper (Mart. riii. 62). Both sides 
««Te, howerer, sometimes used for the original 
vork, and the books were then called cpiatko* 
ytsfid (Plin. Ep. iiL 5t see Juv. i. 6^ and 
Maror's note). SomeUmes the wriUng was 
5p(n|ed out {aa in a parchment palimpsest) and 
t * paper used over again. This is the point of 
ttejoke made by Augustus, '*Ajacem suum in 
T^/mbu incidlsso " <Suet. Aug. 82). 

The foU was protected against worms by 

be»i^ raicared with cedar oil, which gave the 

ptper a yellow tinge (Or. Trist, Ui. 1, 18 ; Mart: 

m. 2; Hor. A. P. 331): then the last leaf was 

psted en to « thin piece of wood called the 

t-in/icst or SfM/^cKas (the wnhUicus is found 

il«Q made of tightly-folded paper). Hence the 

hit page is- called eadkatoooUiim (Mart. ii. 6); 

od the exprcasioB ''ad umbilicnm adducere'* 

-snaz, t» finah <cf. Hor. Epod, 14, 8 ; Mart. ir. 

^9) = -'ad oemua," Ifart. zx. 107. The edges 

if^^ of the roll were carefully cut, and lUso 

*3-^th«d with pvmioe-stone, whence the book is 

**nnBice mnndna " (Or. Tritt. iii. 1, 13; Mart. 

i. '>:, Tiil 72 ; Cstull. xxii. 8 ; Tibnli. iii. 1, 10^ 

Tl(r» is an amusing mistake in Isidore's state- 

Bat, *'CSrenmcidi libros primum Siciliae inoro* 

I Tit, nam initio pumicabantur," where he haa 

c^Tised wksiiim^ *«to cia**Qiica\ with Sicilia. 

Hit ftttcment is adopted by some modem 

Alters, but there seems no reason to doubt 

tlut the book was both cut and smoothed with 

rnr.tr«*stone. As a further de^oTHtion, the 

*i^^ (c9nnn) of the lanhUiau were sometimes 

. tiMed u fitf as they projected (Mart. viii. 61). 

The edges themselTes {fiins) were also coloured 

«i->a fraitM, Or. TVist. i. 1, 8). A strip of 

w^QscntOB which the title or subject of the 

^c. sad sooMtimea its number of pages or eren 

'2«s was written, was paatcd on to the roll. 

Ct this sense ''praetexat summa fastigia":=: 

"T^actexat ftontes.*') This strip was called 

MWn or aufear, in Greek trirrvfioi or ofrrv/Sea 

(^. Alt ir. 4). (Others spell the word 

^-Ui^ but see Phot, and Hesydi. a. v. and 

^tttides note, PrivtOUbmr 817.) This 



HHUua or indfel wi» often painted a bright 
colour, and perhaps the ''lora rubra" (Oat nil. 
22, 7) have the same meaning (though Otfll 
t&kes the words to stand fbr the parchment caAe). 
Finally, a cover fbr the roll (m«m6nafia, Zt^pa) 
was made of parchment coloured red or yellow, 
** Lutea sted nivenm inrolvat membrana lihellum " 
(Tib. iii. 1, 9), which is caWed purpurea ' togOf 
and also smdoi^ (Mart. x.'9d ; xi. 1>. If ono 
work was in several i&fri^ they were tied Id a 
bundle (Jaaces, faaciculuSy Qell. ix. 4, or Utrfojy 
So Aristot. fr. 134: ^tr/ua Ttiyu woXX^ 
iatavutSnf K^yvr 'lo^oKporcftoy «vpi^^p«<r9Bu ihrh 
T&p 0tfi\M»rt0\£e¥, The only other addition to 
be noticed is, that occasionally the portrait of 
the author was placed on the first page of the 
book (Senec. de Tronq, An, 9; Mart. xiv. 186). 
It is for the imaglnatire a matter fbr specula- 
tion whether the portrait of Virgil' in the 
Vatican edition is the copy of an original. 

In reading, the roll {liber or odTtoiten) was 
held in both hands and unrolled with' one, vfhile 
the other rolled it up : the unrolHng^was called 




- Book beU bra crowned Poef. (From a painCftig at' 

Hercolaneoai.). 

evolvere, revolvere, or volvere ; going right 
through was called explicare: rolling up again. 
convolverOf replicare, or complicare (Cic. (?. F. 
iii. 1, 5). So in Mart. iv. 82, ** charta plicetur " 
means, **]ei it remain unread"; "opus expli- 
citum " (xiv. 1) means " read all through " (of. 
" ezplieet Tolumen suum," C\c. propose, An\. 35, 
101). In rolling it up tightly, it was couTenient 
to do so by holding the umbilicus with both 
hands while the first page was pressed under / 
the chin. This is the meaning of ^ quae trita 
duro non inhorruit mento" (Mart. i. 66; cf. 
X. 93) and ^ pd o^ hforyifohs wtus ris iyei0Xi^€i 
wphs rh. ywM. riBtis, in the Anthology. The 
abore apparatus of a book is given completely 
by Martial ^ii. 2) : 

** Oedro nunc licet amboles perunctos 
St fifontis gemlno decens honore 
Pictis Inxorieris nmbilicis ; 
5t te purpura delicsta velet 
Et coooo rubeat superbns index." 

The multiplication of books at Rome began 
after the conquest and pacification of Italy^ but 
booksellers' shops were not known until the end ^ 
of the Bepublic. The oarliest mention of such 



60 



LIBER 



shops is in €ic. Q. Fr. iii. 4, and Phil. ii. 9, 21; 
bat they were then still uncommon, and we find 

CAtticos selling books for the copying of which 
he had a large number of slaves (Cic. Att, ii. 4). 
Booksellers were called Ulfrarii and also bibliO' 
polae (Mart. iv. 71, &c.), and in Greek fiifiXto- 
KdmiKoi. Horace gives us the name of the 
Soeii (Ep. i. 20, 2 ; A. P. 345). Martial names 
several, and specifies Argiletum as the book- 
sellers' quarter (i. 3, 117) : there were also 
the Vicus Sandilarius (Gell. xviii. 4) and the 
Sigillaria (Gell. v. 4). There were booksellers, 
too, in the provincial towns, e.g. at Lugdunum 
(Plin. Ep, ix. 11 ; cf. Hor. Ep, i. 20, 13^ at 
Brundisium (Gell. ix. 4). As to the price, we 
have no very clear information ; but it would 
seem that a book was not necessarily, as regards 
cost of production, very expensive, though it 
might from specisd circumstances command a 
large price. Gellius (ii. 3) speaks of the 2nd 
Aeneid being bought for viginti aurei = nearly 
£18; but it was an antiquarian curiosity, as 
being reputed (however unlikely that might be) 
Virgil's own copy : and as a literary tradition, 
possibly untrue, it was said that Aristotle gave 
three talents for an autograph MS. of Speusippus, 
and Plato nearly two for three books of Philo- 
laus (Gell. iii. 17). Such instances merely show 
that book-fanciers lived then as now, and price 
was regulated by fashion and rarity. Trust- 
worthy copies of Ennius, for instance, Were so 
rare in the time of Gellius that one of un- 
doubted authority was hired for a large sum to 
decide a dispute as to the reading '* quadrupes 
ecus** or '* quadrupes eqyies** (Gell. xvii. 5). 
That, on the other hand, the real cost of produc- 
tion was not great, may be seen from the fact 
that Statins {SUv, iv. 9, 9) speaks of a book 
(possibly one of his own) in a neat purple cover 
costing about fivepence : the first book of Mar- 
tial, in the shop of Atrectns, cost 5 denarii (Mart, 
i. 117); but even that was dear; for the book- 
seller Tryphon could sell it at a profit for two 
(Mart. xiii. 3). The author's profit could be 
made (1) by selling his original copy to a book- 
seller (Sen. de Ben, vii. 6 ; Suet, de Qr. 8), 
(2) by selling copies made by his own slaves : but 
in the absence of all legal protection, the gains 
so to be made were very small, and the author 
who sought profit from his writing depended 
mainly on the liberality of rich patrons. (See 
Friedliinder, vol. iv. p. 66-120, French transla- 
tion ; Birt, ch. vii.) 

How early or to what extent booksellers 
existed at Athens is a matter of dispute. It is 
not unreasonable (with Birt and Becker) to 
deduce from the mention of $i$\ioypdpoi in 
Cratinus (Poll. vii. 211) that they existed as 
early as 430 B.C. This name, for which fiifiXw" 
wtiKiis was afterwards used, would imply that 
the first booksellers were copyists who both 
copied and sold books: and though Boeckh 
thinks that the proverbial use of \6yoi<raf *tpiU' 
Z9»pos ifiwopf^aif with Suidas's explanation, 
implies the rarity of such a trade, even after 
Plato's time, we have, on the other hand, the 
statement of Xenophon (^Anab. vii. 5, 14) that 
books were on side even at Salmydessus; we 
have a book-market (rh fiifixla) at Athens in 
the time of £upolis (PolL ix. 47) ; and we might 
conclude from Aristoph. £an. 1109, fiifiMoy r* 
^X^* *KOLaros fmyOdwti rh d^{ia, that books were 



LIBER, LIBERTAS 

then easily to be purchased : and the same ma| 
be inferred from the mention of the book coi'i 
lector Eudemus in Xen. Mem, iv. 2. It U 
indeed probable that the well-known passage in 
the Apology (26 D) is wrongly adduced as &^ 
additional argument. When Socrates says that 
you can buy the opinions of Anaxagoras at the 
theatre for one drachma, he does, not mean, asj 
has often been imagined (even by Boeckh), thai 
there was a bookstall there, but simply tbA^ 
one drachma would procure admission to thej 
dearest place (ci wdnt iroXAov) in the theatre^ 
where the doctrines of Anaxagoras might U 
heard in some play, perhaps, of Euripides. Tha^ 
a book of Anaxagoras could be bousht there oij 
anywhere else for a drachma is unukely, sinc^ 
an inscription of the year 407 gives the pric^ 
•f the paper alone as 1 drachma 2 obols a shec^ 
(i.e. a single roll which would serve for one smalj 
book). (C. Z A, i. 324: see Birt, p. 433.) 
Without this passage, however, there is enoogt^ 
for a fair inference that some kind of book^ 
market began at Athens and in some other Greei^ 
towns in the latter part of the 5th century-B.c.| 
(See further on this subject Birt, JBtichi 
we$en, chap. ix. ; Becker-Giill, ChariJdea^ ii. 160; 
Boeckh, ed. Frankel, i. 60 : see also art. Biblio^ 
THECA.) [W. S.1 [G. E. M.J 

LIBER, LIBERTAS. The division of men 
into free and slaves is the ** summa divisio de 
jure personarum " (Gains, i. 9 ; ItuL i. 3, pr.): 
accoiding as a man is a member of the one or 
the other class, it is decided whether he is 
capable of having any legal rights whatever, or 
is not a mere thing or chattel in the eye of the 
law. Free men were either so from birth 
[iNOENUi] (Gains, i. 11 ; Inst i. 4, pr.), or thfv 
became free by release from slavery, in which 
case they were called libertmi [Libertus] 
(Gains, loc cit.), Libertaa is defined bv 
Justinian after Florentinus (in Dig. 1, 5, 4, pr.) 
as ** natoralis facultas ejus quod caique facer? 
libet, nisi si quid aut vi aut jure prohibetar;" 
that is to say, a man is restrained of his nataral 
freedom when his hands are tied behind his 
back, or when the law forbids him to do this or 
that, though civil liberty at any rate does not 
require that one should be free to act against 
the laws (Oc. pro Cluentio, 53, 146 ; Pers. Sat 
V. 89 ; Dio Chrysost. Or. 14> By the Roman 
jurists freedom was considered the natural con- 
dition of man, and slavery an artificial result of 
organised political society (Florentinus in Dig. 
1, 5, 4, 2 ; Ulpian in Dig. .1, 1, 4, copied into 
Justinian's Institutes, i. 4, 2 ; 1, 5, pr.), and in 
their eyes it was the first and indispensable con- 
dition of protection from the law either to 
person or property. Every free man had certain 
legal rights; every ctots had more; and his 
legal status was completed by membership of s 
Roman familia [see Capitis DEMnnmo],tboagh 
in theory every civis had a " family " (" emanci- 
patus . . . sui juris effectus propriam familism 
habet," Dig. 50, 16, 195, 2). The rights which 
a man possessed at Rome as being merely fr«« 
were those conferred by the jua gentium as 
represented in the edict of the Praetor. A 
peregrinua who was liber had no oomm0rcu<m or 
comSfium, and consequently no share in the j^ 
civile: but he could own property, which was 
protected by utiles octtOMS or actiomet in factvm 
^Acno]: his possession was secored by int«r- 



UBEBA FUGA 



LIBEBTUS 



61 



dicks; ke OBitld make a valid testament, if sach 

vu ikt pntiiee of his own state, and he conld 

tngigi is oommeroe through those contriicts 

w^ vers nid to be derired from the jus 

gaimm, [J. B. M.] 

LtBEKA FUGA. [EzsiLinM.] 

UBERAIjIA were celebrated on March 17. 

Tfito^ the daj was ncred to Bacchus, this 

Bsst be onderstood of Liber, the Italian Bacchus ; 

3SJ the libenlia mutt not be confounded with 

tlie fbtinb Dionysia or Cerialia, which were 

of Greek origin and celebrated with Ivdi at 

difierent times. On this day the boys who took 

the toga virSis (called also toga pwra and toga 

hhm) went ta procession and made an offering 

» tfett Gkpitol, of cakes (/»6a), which were 

bought in the streets at little altars. (See the 

carieos description in Yarro, L, L. ri. 14, ^ per 

totuD oppidom CO die aedent sacerdotes liberi, 

um kedera ooronatae cum libis et foculo pro 

«aiptore sscrificantes." As to the origin of the 

oiiBe,iomt are disposed to derive it solely from 

toja tSbtrOj allowing no real connexion with the 

fisoib of tlie deity, and Marquardt seems to take 

titts view (aEoottivrca/ten^, iii. 363} : but (1) the 

daj wss certainly regarded as sacred to the god 

liber (Ov. Foot. iii. 371 ; Varro^ /. c), and was 

pnlably the day of an old Italian festival in his 

iuaaar ; (2) tfta offering was made by the boys 

at the shzine of Liber in tlie Capitol ('* liberalia 

UberoinCapitolio^'' Galend. Faroes.); (3) the 

togs, when not called vinHt, was oftener called 

fvj than Kbera; so Cicero (ad Att, vi. 1, 12) 

»ajs, '^Qninto Liberalibus togam purani coei- 

tibam dare ;** and Tertullian {de Idol. 16) calls 

tbe Liberalia ** soUemnitas togae purae" (cf. 

Pub. H. JT. viiL 194) ; and in poetry the name 

fva b the older (Catull. Ixviii. 15). While, 

iiffwever, it seems most natural to couiect the 

Mffle LtberaOa with the Italian deity Liber, 

ta«r« is little doubt that the idea of fre«Mlom 

fnan pupilage vras always connected in the 

iLomsn mind with this day, on which the boy 

«a ** liberatus paedagogo." But in truth there 

K no Deed to quarrel about it ; for even if the 

uoe of the god and the adjective are not 

etynobgieally the same (and, though Curtius 

^Btiagmshes them, the distinction is by no 

luiai oertainX there is no doubt that Liber was 

Teguded as the god of freedom at Rome (see 

Prdler, B9m. Myth. 442) : eo that it is no 

oeie poetic conceit, when Ovid says of this 

iaj: 

** Sm qood ee Liber vestis qooqne libera per te 
Sooiitar et vUae Uberioris iter." 

Utin writers aometimes use the word L&eralia 
U tisBslate the Greek festival Dionysia, which 
■ott always be distinguisbed from the above; 
*aA whenever the itidi UberaieM are mentioned, 
thej refer dther to the Bacchanalia or the 
CcsisUa (see those articles), not to the Liberalia 
pnperly so called. (See also Serv. ad Verg. 
^ iv. 50 ; Marquardt, 8taat$verwUttmgy I. c. ; 
fidler, BSm. Myth. p. 445.) [G. E. H.] 

UBKRAXI8 CAUSA. [Absebtob.] 

UBERAXIB IfAKUS. [Hanus.] 

UBfiBAIJTAS. [AMBITU8.] 

UBEB(rBUM JUS. [Lex Julia et Papia 
POmaaJ 

UBEBTU8 (&MXfMpof), a freedman. 
L QiiaL (^oocemiag freedmen, as concerning 



slaves, our information mostly relates to Athens ; 
but we have reason to believe that there was a 
general likeness between all the Greek states in 
this respect, though Sparta had some distinctive 
peculiarities. When we remember that slaves 
in Greece were mainly (though not exclusively) 
taken from non-Greek and more or less bar- 
barous nations, but yet were not distinguished 
(like the negro) by any'special external mark, 
we shall see how natural was the position that 
Aristotle took ; namely, that some men were 
fitted by nature to be slaves, while yet the 
prospect of freedom as a reward for good work 
ought to be held before them (Polit. vii. 10 ; 
Oecon. i. 5, ed. Bekker). Emancipation, then, 
formed a cardinal point in the philosophic view 
of the subject, and mitigates the force of 
Aristotle^B approval of slavery. 

Emancipation was of course generally the act 
of the master of the slave ; but sometimes the 
state would give freedom as a return for im« 
portant pubUc services, compensating ' (as it 
would seem) the master (Plato, de Leg. xi. 
p. 914). Thus the slaves who fought in the 
battle of Arginusae received freedom and even 
citizenship as a reward (Aristoph. £an. 33, 
192, 693); and the same promise was made 
to the slaves who fought at Chaeronea (Die 
Chrysost. xv. 21). Other historical instances 
are known ; and slaves who revealed a dangerous 
conspiracy were always set free at Athens 
(Lysias, pro Call. 5 ; wt pi rov oiyicoD, 16) ; it is 
clear that such a rule gave dangerous facilities 
to an accuser. 

When an individual master set his slave free, 
it would either be from gratitude or affection, 
or because the slave purchased his freedom. 
Slaves could often earn money on their own 
account; at the same time they could not 
personally make any contract with their 
masters that the law would recognise. Hence 
the prooedui'e was for the slave to deposit the 
money in some temple; the god to whom the 
temple was dedicated then bought the slave 
from his master, and in the contract thus made 
the provision for the freedom of the slave was 
inserted. Numerous inscriptions, embodying 
such contracts, have been discovered at Delphi 
and elsewhere. Conditions are in most cases 
found attached to the emancipation; certain 
duties to be performed, or payments to be made, 
by the freedman for his former master ; or, in 
case the freedman dies without children, his 
former master is to be his heir (this even with- 
out special contract was, it appears, the rule at 
Athens: Rhetor, ad Alex. i. 16; Isaeus, de 
Nicottr. hered. 9 ; and compare Bnnsen, de Jur. 
hered. Ath. p. 51) ; or perhaps even the freedman 
has to serve his master until the death of the 
latter. It is worth notice that the inscriptions 
record nearly twice as many female slaves libe- 
rated as males. It was not unfrequent for a 
master to emancipate his slaves by testamentary 
disposition ; directions of this kind are contained 
in the wills of the philosophers Plato, Aristotle, 
Theophrastus, Straton, Lycon, Epicurus, as com- 
municated to us by Diogenes Laertius (iii. 30 ; — 
V. 1, 15 ; 2, 55 ; 3, 63 ; 4, 72 ;— x. 21). 

For the security of the freedman, the act of 
emancipation would often take place in a 
theatre (Aeschin. e. Ctee. § 44) or other public 
place, tlwt there might be as many witnesses 



62 



UBBIKTOS 



•• poasiblf. TJMr« wa«» however, no cecogmsed 
form of . oxnanoipaiioa $ - aad . the sUte • as such 
took &• inUreat inrii, ^^ongh lor fiaoiU^ipnrposes 
li^to of the freedmea wottl4 in >80XQe..fttate8 be 
]capt (Cartina, AnecfL Jklpk, p. 43 9qq^* 
. 'When;, the emanoip^tion fr.» «po»pkte, and 
all conditions fulfilled, the fnsedman (except in 
ftpcKial caiefl, Mt$ in ihat^ of 'the elavei who 
fought i at ArgiftaMe) tool* the stataa of a 
^fuum or residant allien ;.a9td a« snch wag 
bounds, to choose a« his patrpn (■poon-dnys) the 
mastev-'Who had set him ^resw He had then 
certain duties towards, his .patron (heyond, it 
would T appear,' those- of ^thdi ordinary ftiroucos), 
on th^ -transgression of which he. was liable to 
be.prooeeded against at isNViQA^OflTAfiion Djm£] ; 
the .most serious •otfenee would be choosing for 
himself another .patron. (Meier' and< Schism. 
AU. Froc p. 473,.^; Petity Leg* AU. iL 6, 
p. 261; compare! Plajto,.cb Leg^ xi. p. 915.) 
He had , to- pay, the ;Mroi«ior» or tax of 12 
drachmae yearl^» and a tciobolon besides ; this 
triobolon ^was. psobably ihe tax which alave- 
holden b*dr to .pay to> the Republic, for c^yery 
slare .they. kept,, so: that. the trioboloo v paid by 
firfsdmen was int^Mhed to indemnify ,the atate, 
wbieh ;W/oul4. otherwise haye lost by eyery 
manumission K a slare. (Goeokh^ iHi6/. Moon, 
p. 331,JTf Sthkf i, 403.) iWhether the relation 
b^tfrssAiA patron and his fi^edman axtanded to 
the children .of the l^^ter,. is .unknown; but 
in w^e lof the Delphic jnscriptigns it is specially 
stated that- if any of the el^ldren Cjf the freed- 
man die childless, the patron is to.be the heir. 
A freedman was said to be twff kavrhv (Dem. 
pro Phorm* p. 945, § 4)^ and the exfiression x^* 
4k%il in Dem* o> £verg, etMneaib, p. IIQI, § 72, 
is, plainly synonymous with '*£e had- been 
emancipated ; " probably in Dem* JPl^H* ;!• p. 50, 
§ 36, To^T x^P^ oiVei'KTas. means the same thing, 
though from the context some difference Is clearly 
implied between these apd the fUrqueoiydne no 
doubt to the imperfect character of the emanci- 
pation q{ many freedmen. 

Freedman, like the resident aliens generally, 
appear to haye taken much to commerpe.; and 
two of the bankers whope nam^ we know best 
in all Athenian history, Pasion and Phormio,' 
had both been slaves, and some years ikfter their 
emancipation received the Athenian ciibisenship. 
In the casf of Pasion, this was the reward of 
services rendered to the statf . 

We have no mention of any emancipation of 
public slaves at Athens; and since these 
generally worked in the mines, and were more 
hardly treated than others, it is not likely. that 
tbei|r emancipation was frequent. But at 
Sparta the emancipation of the helots (who 
were, properly speaking, not slaves, but ferfs) 
was frequent. They were called Neodamodes 
when .emancipated (Pollux,, iii. 83X and formed 
from B.G. 421, when they are first mentioned 
(Thucyd. v. 3^), to B.G. 369, when they are 
laat ro«ntioned,(Xenoph..ii&?/^ vi« 5, 24), not 
an incopuidarable part of the Spartan armies. 
The emancipat^n of the helots, required the 
action 0^ the state« and conld not be qii^ied out 
by an individual (%horas, in Straboi yiii. 
pk 965> Another, flass, of. enuMtcipatad ^(ayes 
at Spaita were the ji^dtoicfi, or iiMmv^f ^ho 
w€K« . children brcmght jup. with the ohildr«i;A of 
(Phylarchu^ in h^\hsP9»V^M< .102. 



LIBEBTU8 

See MuUer's Donaru^ ii. 3, § 6.) Other cA»ae 
are named in the same chapter of Athenaetis I 
^^ai, &8^(nrorof, dpuimiper, and Bmatratrt 
yaSrai. The 8e0wo0'io««i^ai served on botaj 
the fleet; of the other classes nothing is knovr 
(See especially in relation . to this sixbjei 
Buchsensehtit^s Besitt wtd JSnoerb im gricch 
sohm Alterthwme, pp« 168-181, to- which tb 
article is much indebted.) [L. S.} [J. R. M.] 

2. Roman. Freedmen are defined by Oaicj 
i. 11, .and Justinian, Insi» i. 5, pr., as th<M 
^ qui ex justa servitnte mannmissi auDft.** As 
class they are denoted by the term liftyilssii^ b4 
each freedman, in relation to his late xnaatcl 
is called iibertw (i.e. liberaiua). In the time i 
the censor Appius Claudius, and for momm tisq 
after, iibertmtu meant the son of a U/bcria 
(Suet. C/cmJ..24); but this is not the neestoii^ 
of the word in the «]^ant Roman writers. 

Originally there was but one species c 
libertmi^ via* iiberU civea: they possessed ii 
snbatanoe all the rights, private and public, c 
a free-born citiaen of- Rome. In other wrordi 
if a. full owner of a slave; e»j'sr# QtorwAntws a«| 
him free in one of the three civil or stst«.iorj 
modes of manumission ('SisdK^ osssii«» testae 
tnentwri), he became a ct'vts; any other kiad oj 
raanumissiony or even oivil manumisaioa hj < 
merely** bonitarian " owner, left him st slave in 
the eye of the law,  though protected bjr th^ 
praetor in the actual enjoyment of freedotn 
(Gains, iii. 56> The children of Uttrii doei 
were ingenuS* 

Legislation under the first two emperors had 
the effect of creating- two new - classes of 
freedmen. The Lex Aelia Sentia, jlj>. 4„ 
enacted that slaves who had been put in chains 
by their masters or branded as a punishment, 
or convicted of crime after tortnre or imprisoned, 
or made to fight in the arena, or entered at the 
gladiatorial school, shonld, if subsequently 
manumitted, have no higher status than that 
of enemies who had surrendered at discretion 
(*< peregrini dediiicU;* Oaius, i. 13> The Lex 
Jnnia Norbana, oi'rc a.d. 19, gave a legal 
status to slaves manumitted under circumstanoe^ 
which prevented their becoming ctMS without 
being dediticii^ the number of whom must hare 
been largely increased by other clauses of the 
Lex Aelia Sentia (Gains, L 18, 38); the/ were 
to have the rights, of Latini Coloniarii (i.e. 
fx/mmtrciwn without oomi6ttmX though the 
statute expressly disabled them from making a 
will, being testamentary guardians, or taking 
under the will of another person either as heira 
or legatees (Gains, i. 23, 24: see Latihttab): 
they were called, Xiatini Juniant Henoe Ulpian 
writes in the third century {Meg* i. 5): ''liber- 
tinorum genera sunt tvia: oives Romaai, Latini 
Juniani, dediticiorum numero." 

Deditioii were capable of owning proper^ ao 
far as other peregrini were, but it went 
ineritably to the patron on their deoeaae, as 
they could not make a will, and had no sui 
hetides or agnates : they might not live within 
100 miles of Rome, or be manumitted a second 
time, under penalty ^ being made alayea again ; 
and there was no, means by 'Wfaich they could 
rise, to, any higher' dvll. condition (Gains, 
i. 15, 26, 27). The righU of LaUni Junisni, 
and the imod^ in wfaifih thiy could rise to the 
status, of .«iMtai,.«rajiott4Md «nd0V.I«AXisaA& 



LIBmNABn 

BoUirflbH claa»i win ftbalishtd by JiUtiiiiaD, 
■ba Ilni iHtond th« limplicitj of the e&rl; 
livad iMdc*!! muumittHl ilaTa ciliicu of 
KiBc (teL L 5, 3 1 Cod. T, 5 ; T, 6). 



UBBA 



C3 



Iltmi 



whick • 



 rclstiDD to hii 
fdnna or qaoudim master. Toward! bim he 
 tomd to ^ow ubanptiiBa and raticrfntuf, aa 
 c)iad tawuib hii ftther (Dig. 37, 15, 9), aod 
« ttiat Kcoant be ooald bring no nction agaiut 
tm wh^nt the pnetcr's pennwaion, while hs 
mill Bat briag m actio faniota under any 
■tmicM whatmir (Dig. 37, 14, 1 ; 37, 15, 
k 7, 3 ; Oahu, It. 1S3 ; /lUt. n. 16, 3) : 
■Mil of tbii iatj ha «ii liable "ia 
IcfD i«T«Bri~ (Snet. Claud. IS,; Dig. 
S7. II, b, pr.>. He vai alao bonnd to pnmde 
Uk patron, bia parenti, and children iritli 
ilinanf, if their circumataDen became rednced i 
tai be cmUd bind himielf to perfona certain 
■Brim {operat officialm') for Uie patron by mere 
Klh (jtnia pnmiaio HbertC), vhieh between 
a4itiBry penooa wanld create no legal obliga- 
tua wbateter (Dig. 33, 1, 7, 3). tboogh thii 
ta Mt extended to far a« to redne* him t« a 
lepnidRm iBc<Kuiit«it with freedom (Dig. 
44. 5, 1, 5). Finally, the patnm had certain 
Ti^tj of iaheritABce in reepeot of the freeddun'a 
fnfotj, if be di^ ioteatate, learing no iaauaof 
huon; and if it exceeded a certain minimnm, 
hi hid a daini to recein  spedGc proportion 
1^ it nuder hii will. Thia aobject i* too long t« 
tv entend into hen, but it ia treated at length 
ii Giiaa, iii 39-76 ; Imt. iii. 7. 

The rifkti of tbe patron dcTolTnd on hii 
dtoaae apoa hit duldran (Gains, iii. 58; 
Di{. IS, 1, 39), and, id far as they related to 
IMi cmt, oonld not be bequeathed away by 
will to as ontiider, beewaa they were baaed 
ipnthefieticmefrelaUoaahip. Bnt a Senatna. 
oHDltnm Oatoriaonni (Jfuf. iii. 8) enabled the 
FoirDD to aaaign a freeJnian or any number of 
tltm to any chfbl in hii power, either by 
^Klantiom in hi* lifetime or by teitamant ; and 
if the child wai still in the fatlier'i power at the 
kUar'i deeeaae, lie became ade futnuwi of the 
Hirti ao aaanad l« the aichiaan of the other 
tUldim 

The patron might loak hi* righta, either in 
rtiie •! p«rt, by their abnae (Dig. 37, 14, lb), 
n- b;r Hglect of hia own dnties toward* the 
bHima (Dig. «. 5, 1 ; 38, 2, 14, pr.). By 
•pttial imperial favour, too, a libtrha could 
^Hme ■jwum, aitd this in two waja. By a 
imt of the jua ambnan aartorun, he acquired 
tU pttitiDs of an Htgenuut in relation to all 
>Ma ticept Ui patron, the latter'i prinlegt* 
maiuif niiafli>ct«l (firmn. Vol. 226; Dig. 
3^ 1, 3, pt. ; 40, 10, 6). By natalimn raiiiutio, 
be b«UK Hajjuniii in every raqwct, the 
itiiliM of freedman and patron bnng ei- 
ti»«aidiad (Dig. 40. 11, B). [J. B. M.] 

UBmNATin. [Foiroi.] 
UBBA, the nnit of w 
RdBiia lod Italiaw. The 
"fff wai alas the nnlt . of vaitu, and waa 
alU At (g. *.> The weight of the libra haa 
Wn fixed by matndogiata aa 5050 graiui (337-5 
F™ » m> , nmrly IS onacea iTdtdnpoi*. It 
m 4>Tid<d into t*elTe ttncau or onnee*. 
'* ftrther detaib, aee ia, T*L t. p. 30a, and 
*w^u. >-[P-Q.] . 



LIBEA (m»iUi), a balance, n pair . of 
acalea. The principal parts of thia instrument 
werei (1) the beam (Jugum, Cl^'ii whence 
(vyir lcTiipm=to uieigli (Dem. 1431}; (2) the 
two ivales called in Greek ti£\d>tb (Hum. IL 
Tiii. 69.; uii. 209, &c; Ariitoph. Sou 797> 
and ii\iarery (AnstO]A. Rst. 1378). and in 
Latin kmceo (Verg. Aai. liL 725, fcc). [Um.] 
Hence the' verb TaXjmTtitm ia employed ii 
•quivsleDt to oraSfiM, sni! to the Latin ISirv, 
and iij applied M descriptive of an eagle balsno- 
iog his wings in tbe air (Philostrat. Jan. Imag, 
6 ; Wekker, ad fco.). The.beam was aometicies 
made without a tongue, being held by a. ring or 
other appendage fixed in the centre (ae* the 
woodcut). When the tongue working in . an 
eye {agiitdj ia need, aa in our acalcBj it ii oiled 
ocaneH or ligiila (Suet. Vap. 2b). The word 
Iratma and the Greek Tftnimf ware nsed of 
this Boit of balance, ai may be taeU from Jur. 
vi. 437 and Demosth. p. GO, where there, are 
dcaily two >«aleL . Spactnena of brou* 
balancat may be seen in the British .Uueun 
and in other coUectiona of antiqnitiia, and. alio 
of the steel-yard [SrATXOa], which waa lued 
for the aame pnrpoaes aa the libra. , The wood< 
cnt to the aHicle Citkka ihowa.aome of.th* 
chains by which tbe acaies are Buapeodad fsom 
the beam. In the works of aadent ar^. the 
bolancei is. alao introduced emblematically in. a 
great variety of ways. The annexed woodcnt 
IS taken from a beautiful bconiB patera, repre- 
If nling Uercnry and Apollo engaged in.eiplar- 
ing the fatea of AcJiillei and Uemnou, by 
weighing the attendant genini of the one aginnit 




Libra. CFrom an indent Vaae.) 
that of the other. (Winckelmanu, ifon. Inid. 
133 ; UiUin, Piatum ifa Vai€* Ani. i. pi. 19, 
p. 39.) A balance ia often repreaented on the 
rivena of the Roman imperial coins; and to 
indicate more distinctly its signigcatioa, it is 
frequently held by a female in her right band, 
while the tnpporta a eomucopia in her left, the 
words iEQVITAS AVOTSTi being inaoribed on the 
mal'glBi ao aa U) denolfl the juatice and impaT' 
tiality. with which the emperon diipented their 

The consteilatian Libra (in Greek (i^i) ia 
placed in tbe Zodiac at the eqnlnoi, becaiiae it 
is the period of the year at which day and night 
an equally balanced. (Verg. Oiorv.i 208; Plin. 
J.Jt iviii. 6246; Luoaa. ril*. 467, "qno Libra 
panes ■uminatlmrai." [J. Y.] [G. E. H.] 



64 



LIBBAMENTUM 



LICTOB 



LIBBAMENTUM, LIBBA'TIO AQUA'- 
BUM. [Aquaeductub.] 

LIBBA'BII, Blares who were employed for 
writing or copying in any way, and sometimes 
also the readers or reciters (Anaomostak) were 
incladed under this name (Orelli, 2872). They 
mast be distinguished from the Scribae pMid^ 
who were freemen [Scbiba], and also from the 
boolcsellers, who were also called libraru (see 
under Liber). The slaves to whom this name 
of libraru was given may be divided into three 
classes : — 

1. Lihrarii who were employed in copying 
books, called Scriptores Librarii by Horace {Ara 
PoeL 354) : these librarii were also called aa- 
Uquarii, or, more correctly, the antiquaarii were 
a special class of librarii who were skilled in 
reading and eopvine ancient MSS. (see Isid. 
Orig, vi. 14; Cod. Tneod. iv. 8, 2 ; Auson. Ep, 
16; and fiecker-GoU, QaUw, ii. 423). The 
name librarii was also given to the slaves who 
had charge of libraries, and to those who made 
up the book-rolls, more properly called gbiti» 
natoret (Cic. ad Att. iv. 4). 

2. Librarii a ttvdiia were slaves who were 
employed by their masters when studying to 
make extracts from books, &c. (Orelli, Inacr, 
719; Suet. Claud. 28; Cic. ad Fam, xvi. 21). 
To this class the notarH^ or short-hand writer?, 
belonged, who could write down rapidly what- 
ever their masters dictated to them. (Plin. Ep. 
ii. 5; Martial, xiv. 208.) [Notarii.] 

3. Librarii ab epistoliMj whose principal duty 
was to write letters from their master's dic- 
tation. (Orelli, Inacr, 2437, 2997, &c) To 
this class belonged the slaves called ad munum, 
a manu^ or amanuenaes. [Amanuensis.] (See 
also Marquardt, Privatleben, 151, and fiecker- 
<3«U,/.c) [W.S.] [G. E.M.] 

LIBBA'TOB is in general a person who 
examines things bv a /t&ra ; but the name was, 
in particular, applied to two kinds of persons. 

1. Librator aquae, a person whose knowledge 
was indispensable in tne construction of aque- 
ducts, sewers, and other structures for the pur- 
pose of conveying a fluid from one place to 
another. He examined by a hydrostatic 
balance (libra aquaria) the relative heights of 
the places from and to which the water was to 
be conducted. Some persons at Rome made 
this occupation their business, and were en- 
gaged under the curatores aquarum, though 
architects were also expected to be able to act 
as libratorea, (Plin. Ep. x. 50; Frontin. de 
Aquaed. 105 ; compare Yitruv. viii. 6 ; Cod. 10, 
«6, I.) [L. S.] 

2. Libratores (or libritorea, according to some 
MSS.) were soldiers who are coupled with 
*8lingers (funditorea) in Tacitus, Ann, ii. 20, 
xiii. 39. There is much difference of opinion 
about them. Some recent writers take them 
to be engineers of some description engaged in 
the management of tormentOf and the derivation 
librare^ ** to level," is suggested as though they 
levelled and directed them. It can be inferred 
from Marquardt's note (Staataverwaltungf ii. 526) 
that he also classes them with the managers of 
tormenta^ but he gives no definite statement of 
his opinion. In Tac Ann, xiii. 39, in a fresh 
sentence after the words '^multos tormentis 
faces et hastas incutere jubet," we find '< libra- 
toribus et fonditoribus attributui locos unde 



eminus glandes torquerent," from which the 
inference surely would be that they have 
nothing to do with the Uvmenta^ and are an 
arm of the service more like the slingers : axi<i 
the other passage of Tacitus tells the same way, 
*^ fundi tores libratoresque excutere tela et pro- 
turbare hostes jubet: missae et torment ij» 
hastae." Forcellini conceives slings which dis- 
charged stones of a pound weight to explain the 
libratia or librilia aaxa (cp. Caes. B. G, vii. 81). 
If this were a correct view, the key to the 
precise explanation might be found in Liv. 
xxxviii. 29, where, at the siege of Same in 
B.C. 189, slingers are described as brought from 
Achaia, who ** a pueris " practised slinging saxa 
glbboaa: the force is greater than tbAt of the 
Balearic slinger, and the sling is not a aingie 
thong but a triple '* scutale " made stiffljr, »o 
that the missile *Mibrata quum sederit v-elut 
nervo missa excutiatur : " apparently they coold 
fire more nearly point-blank and with heavier 
charge. But against this we have first the £act 
that the ISbrtUorea were to be distinguished 
from slingers generally, and not merely froni 
Balearic slingers ; and, secondly, the passa^ of 
Vegetius, ii. 23, which tells us that libralia 
aaxa were thrown by the ?Mnd and with le&»s 
preparation aa requiring no ailing i and Festus 
explains librilia as *'saxa ad brachii crassita- 
dinem loris revincta." This suggests the con- 
clusion that the stones were swung hy th'? 
thong, to which they were fastened, and dis- 
charged thong and all. And it is perhaps be!>t 
to regard the libratores as stone-throwers em- 
ployed, not wi^h the tormenta, but along with the 
funditorea (cp. the Xt9o$6\oi coupled with o-^y- 
Sov^oi, Thuc vi. 69), throwing with the hani 
by the thong attached missiles heavier than the 
glana of the slinger: and the word ahould 
probably be conned^ with the sense of nemg- 
ing in libra (as in Livy, /. c), rather than with 
libra, << a pound." [G. E. M.] 

LICTOB (in Greek writers, poJSSovxo' or 
pafi9o^6pos)j an attendant upon certain magis* 
trates and other persons discharging official 
duties at Rome and in the provinces. Their 
name has been derived by many (foUowing 
Plutarch, Bom, 26) from ligare ; but apart 
from the difficulty of the form of the word for 
ligator, it is clear that binding was not the 
most ordinary duty of the lictor, nor the duty 
most likely to confer the name. Though 
Corssen favours the derivation from lidian, *•* a 
girdle " (see Gell. xii. 3), it is far more probable 
that the word comes from lieere, '< to summon^** 
and that their original function was to summon 
assemblies : if so, the lictorea curiatii (see below) 
probably represent the oldest class of lictors ; 
though the title *' summoner " might also refer 
to the magisterial vocatio through a lictor. We 
have, however, no account of thefr first insti- 
tution, but find them mentioned in the earliest 
tim<^s of the monarchy. Livv (i. 8), laying 
stress on the favourite Etruscan number itotl^, 
derives the office from Etroria, and Muller en- 
dorses this opinion, in which, however, as Pro- 
fessor Seeley in his note on that passage observes, 
no great confidence can be placed, since there 
was a tendency to ascribe all ancient institu- 
tions to Etruria. Virgil (Ajen, vii. 173) might be 
quoted against it, when he gives *' primes attoi- 
lere fiuces " of the early Latin kings ; but that 



LICTOB 

ii Dcrel J $, tjDonym for regnitm excipere, and 

i: Tooid be abfiird to gire it any antiquarian 

wtbsrity. All that can be said is, that thjs 

rUeodasee was in earliest times '*insigne re- 

jia''(LiT. iii. 36; IMonjs. x. 59), in the same 

vsf w tht breaking of the fasces was a sign of 

rtWliioQ or deposition (liv. ii. 55 ; Dio Cass. 

u. i'9)i It is necessary to distinguish two 

kjsJs of lictors : (1) lietores qui magistratibua 

{'€ Oioari) apparent; (2) lictores qui sacris 

yi^hlicit apparait. Both are handed down from 

t.-s« biif Ij times, inasmuch as the king held also 

t-mstlj office, and it is impossible to say which 

t'.ia U the older ; but the attendants on magis- 

tTtt«f are certainly the more important. They 

«rR the ootward mark of authority: they 

vcit not lent ibr on special occasions, but at- 

V'ltki the magistrate like his shadow : if he is 

:t heme, they are in his yestibule (Liv. xxxix. 

'); if he goes to the rostra, they precede him 

iliT. xxiiL 23); when he takes his seat on the 

tnl^QBil, they sUnd by him (Cia avaU, 53, 147) ; 

« hen he pars a visit, the lictor knocks for his 

iJawiaD (iiv. rl 34; Mart. riiL 66; Jur. iii. 

hi). The sovereignty of the people is admitted 

'^j tbe lictors lowering the fasces when the 

ca.oBl comes to the con^ (Lir. ii. 7^ Pint. 

I'f. 10), and Plutarjch says the custom re- 

DiiDed to his own time. (Cicero calls this 

•;tbe insolence of liberty : " de Sep. ii. 31, 53.) 

>> also, if a magistrate of lower rank met a 

iaperior, his lictors lowered the fasces, or, if 

Vita imperiom, removed their axes; as Dio- 

tjvas mentions, when he tells the story of 

C«7ioUa!u ordering this to be done as a mark 

•f rt^ect to his mother. The magistrate must, 

k^verer, dismiss his lictors when he enters the 

t^mtorr of an allied independent state. We 

^1 ia Tacitos (jinn. ii. 53), Germanicus with 

rA lictor at Athens ; but that this is allowed 

ra ai an ooonuics, not as a sign of prooonaulare 

^•penwn, is dear, for if it had been his sign of 

c See he would have had twelve. 

' The lictoTB bore fasces with axes, to show that 

*ie kiag or magistrate had the power of life and 

^uh. Therefore this distinction belonged to the 

•kuttfy. from whom there was no appeal ; to a 

' coander in the field ; and in older times to 

•asaU, before the Valerian law of pracooatio 

(' >c Sep. ii. 31, 55): and the withdrawal of 

t^ axes showed the withdrawal of summary 

j'r»4iietion or martial law. The axes were 

^hmti alio to consuls in the triumph, because 

t^«7 »till held the imperinm, and in processus 

^'^fidaris (Claud. iV«*. et Olybr, 232). The 

iictonictoally carried out the sentence of death 

»ieT the eld system, for all Roman citizens 

^^•i vere cond^nncd, so long as the execution 

Vis ia the hands of the Qnaestores Parricidii 

'" I'aiunviri Perdaellionis, as representatives for 

* ^ purpose of the consul (see articles on these 

■^evt): bat, when executions were controlled 

J tnbones and aediles, who were not attended 

T Iwton, the death sentence was carried out 

 *"*T by the tribune or aedile in person or by 

i^tanufex. The camifex seems, too (probably 

- r tli« appointment of Tres viri capitales), 

«-4»r tbe Repnblic, to have Uken the place of 

•t« JCter for execution even of citizens : such, 

f '<tst, would be the natural inference from the 

^'"^i^Irtion in Suet. GavdL 34, ** Qnum spectare 

'^^aioTM iupplicinm eoncupisset et deligatis 



LIOTOE 



65 



ad palam noxiis camifex deesset," &e. On 
active service the execution under martial law 
naturally belonged to the lictors (Liv. iv. 29 ; 
xxviii. 29, &c). The ordinary duty of the ^ 
lictors in the city was submovere turbam, i.e. to 
make the people give way to the magistrate, 
and to disperse any crowd which might inter- 
fere with the business in hand (cf. Hor. ii. 16, 
9). This duty was heralded by the cry ant- 
madvertite, Le. *'pay due observance to the 
magistrate " (Suet. Jvi, 80). Pliny speaks of 
this as **sollennis ille lictorum et praenuntius 
clamor." From Liv. xxiv. 44, it would appear 
that the technical word animadtertere was also 
used of the lictor noticing and reproving dis- 
respect, unless (which would make better 
sense) the word jvbere is added there. The 
lictors are also the instruments of the magis- 
trate for vocatia, i.e. the summons of any citizen 
who offends ; whereas tribunes, as being without 
lictors, could only arrest by their own hand, or 
their viator^ but could not summon (Varro, ap^ 
Gell. xiii. 12); and resistance to a lictor was 
equivalent to resistance to the magistrate. 

As regards the number of lictors allowed to 
different offices, the king was attended by 
twelve ; though Mommsen {Staaisrechtf i.' 343) 
suspects from ^the words decuriae and decern 
primi used of lictors, that the number 12 super- 
seded an original number 10. Twelve, at any 
rate, is the number given by Cicero, Bep. ii. 17, 
31 ; Liv. i. 8 ; and others. Appian is the only 
writer who (B, C, i. 100) says twenty-four, 
thinking perhaps of the dictator, and he is in- 
consistent in this (see Appian, Syr, 15). As the 
consuls originally performed the regular duties 
of administration by turns on alternate months, 
so the officiating consul was attended by twelve 
lictors, the other only by an accensus (Liv. ii. 1 ; 
Cic JRep, ii. 31, 55). Similarly, as the decemvirs 
held office each for a day in turn, the decemvir 
of the day had twelve lictors, the others an 
accensus each (Liv. iii. 33). It appears, however, 
from Suet. Jul, 20, that at some time the 
custom came in of an accensus preceding the 
consul out of office, while twelve lictors followed 
him. There can be no doubt that the state of 
the consular military tribunes was regulated by 
tbe same principle as that of the decemvirs. 

The dictator had twenty-four (Polyb. iii. 87 ; 
Dio Cass. liv. 1 ; Appian, B. C, I 100). Yet 
Livy {Ep, 89) says that Sulla was the first so to 
appear: perhaps, as Mommsen suggests, the 
dictator was attended by twenty-four only with- 
out the city, and Sulla's innovation consisted in 
his using them also within it. The magister 
equitum; nominated by the dictator, had six 
lictors (Dio Cass. xlii. 47 ; xliii. 48), and the 
same number was assigned to the praefectus urbi 
nominated by Caesar in his dictatorship (Dio 
Cass. /. c). Two belonged to the praetor at 
Rome (Censorin. xxiii. 3 ; Cic de Leg, Agr. ii. 
34, 93) ; six to the praetors in the provinces 
(Appian, Syr. 15 ; Cic. Verr. v. 54, 142), whence 
Polybius constantly terms the praetor ffrpcerriyhs 
i^air4\€KVs, and, treating it merely as a synonym 
for the magistrate, uses this adjective to express 
even the praetor at Rome (Polyb. xxxiii. 1). 
(Under the £mpire, however, the praetor at 
Rome actually had six lictors : Mart. xi. 98, 15.) 
Proconsuls outside Rome had twelve under the 
Republic, as would belong to those who acted 



.11 conault ; uid thoae of Africa and Aiii, at any 
rate, had the same number in the eulier Em- 
,,|r*. UlpmnCDig;. 1, 16,44X howeTer, .penki of 

tainlf the nnmber for propraetora, bat Rye oalj 
for a qaieitor or legalU4 pro prariiyre (flic, Ait.i. 
4, 9) ; and for Aagustss't tlm* a propraetor who 
WHB the imperial legatvt pro praetore had onlf 
called qjunquefoicalii. 



The emperrji; 



:o the I 



liigned 



-- entj-fo«r 

(Dio Can. iiv. 10; livii. i), but 
Empire the attendance of licton gradually fell 
into diense. It msrki the impoitance of the 
curaiorta uiarura under the Emptre, that in their 
office they had tno licton. ' 

Aelo the itatusof the licton, they are ranked 
before vialorea aud praeamei, but after irriba4 
and acceasi (Cie. I'e^, iii. 66, 153; ad Q. F. i. 
I, 4 ; Orelli. C. I. *109). From Tacitu", liii. 27, 
we learn that moit lietore were freeilmeti ; 
whether it waa so in republican times it is 
impOBiible to saj : in Liv. ii. 5S they are spokes 
of a> belonging to the piebi ; it ii clear that at 
Rome, whether freeiwrn or not, they were always 
frw. In the prarincea it appears from Gellius, 
X. 3, that aometimes at least they were taken 
from tha class of reduced Itnliani called Brvt- 
tianL At Rome there was a community of three 
decuiiae of lictors under ten direclora (datm 

In Rome they wore the toga, which, one 
would gather from GellLu. (. c. and from Plut. 
Rom. 26, «ai girded with the iKtum or limta; 
but Mommien observes that ancient lepre^enta- 
tions of lictors do not shoir theni with any 
girdle, and that the limns belonged rather to 
uni piMici. Ontside Kome they wore the red 
mgulrnn (Sit. ii. 20), and at triumphs naturally 
also the same war-dress (Appian, i>un. 6], call* 
it x"^' po,n*6<it): at funerals, black (Hor. 
Ep. i. 7, 5). The fasces, tied with a red strap, 
were held in the left hand and carried on the 
left shiiulder : at funerals they were carried 
rerersej (Tac. Ann. iii. 2; cf. Verg. Aen.u.ib): 
the fasces wreathed with laurel (laareali) in the 
Republic marked the magistrate who had been 
saluted as a victorious imperator, and under the 
Empire diatinguished the imperial licton. 




The lictors always walkwi in ^gU file (cf. 
V«l. Hai. ii. 2, S 4i Ui. iiiT **) before the 




LIGO [ 

lagistmtein office, whence the last in order, Khj 
was the principal lictor, was called })rDziniui(iJi.i 
iWe. i. 28, 69 ; Verr. v. 54, 
142 ; Tac. Niil. iii. 80), but 
perhaps also ;>riiRiM (Cic. ad 
Q.F.i. 1, T) ; and iha^MMf 
(Appian, B. C. v. 55) may i 
have the same meaning, ap- 1 
plied to ran*, not onisr of ' 

(2) Licioiti ciiriatii (not 
cunali, as may he seen from 
Inscriptions : see Momuuen, 
Staatsredit, \.' p. 389) were 
employed originally to sum- 
mon the Comitis Curiata. Of these there wei 
thirty, according to the number of- the cnnie 
and, when the meeting of the Comitia Coriit 
became a mere form, it was represented b 
the thirty ^ieiores cunbdi (Cic. Leg. Agr. ii. 15 
31). Ovid (/'<ut. ii. 23) speaks of lictors used i 
sacred rites, whom Mommsen with some prclM 
bility takes to be iictora curiatii ; and he >U 
suggests the possibility that they acted ) 
Jlamintt airialet. They attended specially o 
the Pontifei Maiimus, probably the same anin 
ber(ten or twelve) as had belonged to the km; 
and they are called " lietore* curiatii qui lacri 
publicis adparenC" Tha Flamen Dialis aa 
attended by one of these lictors (Plut. Quaai 
Ram. 03) ; as was also any Vestal who appeire 
in public (Plut. A'um. 10) :.a similar distindia 
was granted to widows of emperors, as ihoi]^! 
they were priestesses of a deified husband (Ta; 
Ann, xiii. 2 ; note the refloat of It by Tiberia 
Ana. i. 14). These liciorc) cariatU were coasli 
tuted as a separate decuria (C. /. L. air. 29fi). 

(3) Ijctors were specially assigned to atleo 
for the time on the givers of games who hs 
not otherwise the right to Iictora: as, for in 
stance, in funeral games {Cic. Legg. ii. 24, 61) 
perhaps originally because given of gamei ntr 
so constantly of magisterial rank that lictoT 
became a customary. part of the apectaclt; a 
the public function conveyed the tempors;^ 

(4) in the games of the Vicomagislri ther 

belonged to separate decuria, to attend upn 
them (Dio Cass. Ir. 8, cf. Uv. iiiiv. T ; Aso ^ 
in PisOA. 7 ; and see article CoHPITAUJi> TJ 
origin of the name dntantiiUir maj be gathtrt' 
from " ludicrum denuntiara" (U*- xl^- 3;i). 

As regards the attendance of iictora atri at 
funeral (Hor. Bp. i. 7, 5), it must be understo" 
that this can be said only of great fuoenli 
having a more or leas public character, wlie 
either the deceased himself was of magisleru 
rank and hi^ o^ lictors attended, or »Wil 
funeral gameawere given, and there w 



used by the ancient husbandmen to cir.i 
the fielJs from weeds. (Ovid, tx Pont. i. 8, oH 
Uart. iv. 64; SUt. lAcd. iii. 589; Colom. i.Sl'. 
The Hgo seems also to have been used in tunia. 
up and breaking the clodi. (Hot. Cam. iii. i 
38; EpUt. i. 14, 27; Grid, Aawr. UL 10, 31 



LI6ULA 



UTIS CONTESTATIO 



67 



•vpin Dkkson, On the Siubandry of the 

*%iah, I p. 415.) [L. S.] 

LFGULA, & Roman measure of fluid ca- 

'intT, eoDtabung one fourth of the Citathus. 

. -viajelU, R. £L xii. 21 ; Plin. H, N. xx. § 36.) 
it signifies a spoonful, like cochlear ; only the 
-ai WIS larger than the cochlear (see Mart. 

- i U and 71). The spoon which waa called 

\ or iingula (dim. of lintjud), from its ahape, 

- L c««(i like a desaert-spooo. (Cato, B.S.S4; 
H, y. xxi § 84 ; Mart. xiv. 120 ; Becker- 



I Ti 



•v:^ t/o/Au, iiL 393; Marquardt, J^rivailebetif 
.4) For a drawing of the ligula, see under 
t'kiiLCAB, where the iarfer spoon is the ligitla, 
t'.t Msaller the ooddear. The word is also need 
ft: the leather tongue of a shoe (Pollux, ii. 109, 
Ti. SO: Festnsy s. v.). (See under Calceus, 
p..A>.> [P.S.] [G. E.M.] 

UMA (Phn$X a file, was made of iron or 
rHi for the purpose of polishing metal or 
K-yg. tad appears to hare been of the same 
f m as the instraments used for similar pur- 
Y'ies ia modem times. (Plin. H, N. ix. § 109, 
iriu.§ 148, xxxrii. § 109; Plaut. Mmaedim, i. 
I y\ Xen. Cyrop, V7. 2, 33.) [L. S.] 

LIMBU8 {wapu^y, the border of a tunic or 
: ' arf, chiefly in the woman's dress (Verg. Aen, 
!• 1)7 : Serr. ad loc, 7). This ornament, when 
''■'^pltTdd upon the tunic, was of a similar kind 
» :t the CrcLAS and Ihstita (Scrvius m Verg. 
i^-. ii. 616), bnt much less expensire, more 
' rinnQ snd more simple. It was generally 
«tTra in the same piece with the entire gar- 
: .t of which it formed a part, and it had 
'isftimes the appearance of a scarlet or purple 
H:i upon a white ground; in other instances 
«t resembled foliage (Verg. Aen. i. 649; Oiid, 
i'l. ri. 127X or the scrolls and meanders in- 
*: -riked in architecture. A rery elegant effect 
'\- pT<*inced by bands of gold thread interwoven 
r Krth of Tyrian purple (Ovid, Met. 51), and 
1-H Ajjpol or leria. (Festus, s. r. ; Briinck, 
<^:'. i. 483.) Demetrius Poliorcetea was ar- 
'^"f'i in this manner (xpvtrowapv^is oKovpyitrij 
i'.-L I>emet. 41). Virgil (Aen. v. 251) men- 
'/*« a scarf enriched with gold, the border of 
v'lh vas in the form of a double meander. In 
* ^'SMation of this account examples of both the 
=^'« and the double meander are introduced at 
*-^i top of the annexed woodcut. The other 






■HB 




@(S>®(i@ 




• « • I , 

• 1 • « * 


;i!Uii 


i)'#'#(i)'if 



Liffllii. (Fruin ancient vases.) 

■;:i spechnras of limbi are selected to show 
li of the pnadpal varieties of this ornament, 



which present themselves on Etruscan vases and 
other works of ancient art. 

An ornamental band, when used by itself as a 
fillet to surround the temples or the waist, was 
also called limbus. (SUt. Theb. vi. 367, AchilL 
ii. 176 ; Claud, de Cons. Matiii Thcod. 118.) A 
later name for the Umbus was lorum, whence 
dresses with one or more rows of stripes were 
called monoloreSj diloreSf trilores, kc. (Vopisc. 
Aurel. 46, 6). The makers of Umbi were called 
ImboUarU (Plaut. Avi, 514, and Wagner's critical 
note)b For these linnbi, see also Marquardt, 
Frivatleben, 544; Blilmner, Technologic, i. 202 ; 
Becker-Gdll, Charikles, iii. 255, Qallus, iii. 
266. [J. Y.] [G. E. M.] 

LIMEN. [Janua.] 

LIMITS was the apron tied round the waist 
and reaching nearly to the feet worn by the 
popa, or slaughterer who attended on the priest 
at a sacrifice (Serv. ad Aen. xii. 120), and by servi 
publici in general (Isid. Orig. 19, 33). Hence 
serci publici were known as limo cincti ; and 
when (as in C. /, L. v. 3401) apparitores and 
iimo ciTicti are mentioned together as attending 
on a magistrate, the former are free, the latter 
slave attendants (see Mommsen, Staatsrecht, i.' 
324). It would appear from Gellius, xii. 3, that 
the word /icm/n was synonymous with iimus, and 
he states that the lictors were girded with this 
Iimus or licium in former times ; but Mommsen 
throws doubt upon this {Staatsrecht, i. 375), and 
thinks it arose from a confusion of lictors with 
servi piiblici and a desire to derive theit title 
from licium, since lictors are never represented 
in such a driess. That the licium alone should 
be worn by a person seeking stolen property 
(whence phrase /XT /icmm quaercre) no doubt was 
arranged to prevent his bringing in the goods 
concealed in his dress (see Gell. xi. 18, and cf. 
Gaius, Inst. iii. 192). [G. E. M.] 

LIPOMARTY'RIOU DIKfi (\iiro/*apTvpfou 
9(Kri). [Martyria.] 

LIPONAU'TIOtJ GRAPHE (\aroyavriov 
ypob^). [Astrateias Graphe.] 

LIPOSTRA'TIOU GRAPHS (Xtrotrrpa' 
riov ypa^). [Astrateias Graphe.] 

LIPOTA'XIOU GRAPHfi {Xtwora^iov 
7pa^). [Astrateias Graphe.] 

LITHOBO'LI A {\ieofi6\ia), a festival cele- 
brated at Troezen in commemoration of two 
maidens who came there from Crete, and were 
stoned to death during the civil broils of the 
place. (Pans. ii. 32, 6 ; Lobeck, Aglaoph. 680 ; 
Hermann, Reliff. AHerth. § 52.) [L. S.] 

LITHOSTRO'TA. [Pavimentum ; Pic- 

LITIS CONTESTA'TIO. Under the oldest 
Roman civil process — that known as the legis 
actiones — the proceedings prior to hearing and 
judgment were of an exceedingly formal and 
technical character. The parties, on appearing 
before the praetor, had to repeat certain pre- 
scnbed forms of words, appropriate to the 
nature of the particular action, and to perform 
a variety of solemn and symbolical acts (e.g. 
Gaius, iv. 16) ; and any error or omission in 
these on the part of the plaintiff inevitably lost 
him his remedy : ^* Ex nimia subtilitate veterum 
qui tunc jura condiderunt eo res perducta est, 
ut vel qui minimum errasset litem perderet" 
(Gains, iv. 30). The object of these proceedings 
was preliminary : they were intended to ascer- 

r 2 



68 



LITIS C0NTE8TATI0 



LITIS CONTESTATIO 



tain the question in dispute, and to prepare it 
for hearing and decision. The hearing and de- 
cision itself was in many cases entrusted to a 
prirate person appointed by the praetor, though 
selected by agreement between the parties, or to 
the .standing collegia of judges (decemviri and 
centumviri) : but sometimes the praetor would 
undertake it himself. In any case, however, it 
seems to have been far less formal than the pre- 
liminary proceedings, which had always to take 
place before the praetor in person, and to which 
alone the term legis actio was applied (Gains, iv. 
11). Owing to the supreme importance to the 
parties of their being gone through with perfect 
precision, and to the fact that at this period no 
written records were preserved of judicial pro- 
ceedings, which were purely oral, it was the 
practice for both parties, at the close of the 
formal iegis actio (though before a word of evi- 
dence or argument on the question at issue), to 
appeal to the bystanders to take note of the 
proceedings, that if any dispute subsequently 
arose as to their validity evidence might be 
forthcoming of what had been done (cf. Ulpian, 
Heg. 20, 9 ; Dig. 28, 1, 20). This appeal was 
called litis contettatio: '^Contestari est cum 
utcrque reus dicit TESTES ESTOTE " ; ** Contes- 
tari litem dicuntur duo aut plures adversarii 
quod ordinato judicio (' when the cause has been 
made ready for hearing') utraque pars dicere 
solet TESTES ESTOTE " (Festus). The view here 
taken of the nature of litis contestatio is that of 
Bethmann-HoUweg {Civil Process, i. p. 177) 
and Keller {Civil Process, p. 281). By others it 
is held that what the parties called upon the 
bystanders to attest was, not that the legis actio 
had been duly consummated, but that they had 
solemnly agreed to submit their dispute to arbi- 
tration instead of settling it in the more primi- 
tive way of self-redress (Ihering, Geist des 
rdmischen Sechts, i. p. 171); and some (e,g, 
Mayer, Die Litis Contestation, 1830, and origin- 
ally Rudorff, Udmische SechtsgeschicHte, ii. § 71) 
go so far as to assert that the form in which the 
agreement was made was per aes et libram 
[Nezcm]. This theory is based upon the fact 
that in the formulary period, as will be seen 
below, litis contestatio produced (or, more cor- 
rectly, was the outwaxxl sign oO consequences 
which usually are only producible by contract ; 
but it is rejected by most writers on the subject 
(e,g. Puchta, Institutionen, § 172 ; Keller, § 62), 
and seems too fanciful to be seriously entertained. 
Others (e^. Heffler, Institritionen des rdnu und 
teutschen Civilprocesses, 1825) even hold that 
there was no real litis contestatio at all in the 
legis actio period, but that it was introduced 
with the formulary system to give a solemnity 
to the proceedings in jure and their results, 
which in themselves they did not possess. 

The legis actio procedure was swept away by 
the Lex Aebutia, circ. 170 B.C., and its place 
was taken by the system of formulae, one of the 
main features of which was the universal 
division of the proceedings in an action into two 
portions: those which took place before the 
praetor (m jure) and those which took place 
before the judex (in judicio). The object of the 
proceedinga in jure was to fix the issues to be 
tried: when they had been settled, they were 
briefly embodied in a written document or 
fonDola, by which the judge was appointed and 



informed of the points which he had to deti 
mine : the actual hearing of the case was 1 
and not the praetor's function (Gains, ir. 3< 
Under this system of procedure, litis oontestat 
in its old sense of an appeal to witnesses, seei 
no longer to have taken place, for the best ei 
dence that could be desired of the correctness 
the proceedings injure was the written formu 
though Bethmann-Hollweg (Civil Process, 
p. 480) thinks that it may have aurvired i 
some time through the Roman fondness of c 
forms, but at any rate not till the time of t 
classical jurists. The term ** litis oontestatii 
however, is retained throughout to denote t 
point of time in the history or development 
an action at which it passed from praetor 
judex (Cic. pro Rose. Com. 11, 32; 12, 3 
Lex OalL Cisalp, i. 48; Gains, iii. 180, : 
114). It means, technically, the moment 
which the matter really becomes an '^action" 
all : the legal position of the parties in resp« 
of the particular suit is definitely fixed ; aj 
though perhaps it is incorrect to say that li\ 
contestatio (in this sense) produces importa 
results for them, it certainly is the si^ m 
symbol that those results have ensued. F 
instance, f^om that moment the plaintiff's rigi 
of action is consumed (Gains, iv. 106, 107) : 1 
cannot subsequently sue at all, or at any rate 1 
cannot sue with any effect, on the same grouo 
Similarly prescription of the right of actic 
ceases to run, for the action has been con 
menced ; and consequently also the defenilai 
cannot as a rule evade condemnation, if tl 
plaintiff proves his case, even though after Hi 
contestatio it should become impossible for hii 
(e,g.) to restore the property in dispute ovin 
to its accidental destruction. For these, si 
other points in which the rights and duties of tl 
parties were irrevocably fixed by this defiai* 
commencement of the action (and which s| 
sometimes improperly described as conseqnc 
of litis contestatio), reference may be mad^ 
Mr. Posters edition of Gains (pp. 447-451, " 
edit.). In point of fact, these consequences! 
analogous to those which would be prodncedj 
contract, and many writers attribute tr 
modifications in the legal relation of the pi 
to an assumed contract, by which they are 
posed to voluntarily submit themselves to 
jurisdiction of the court, to bind themsekeil 
abide by its judgment, and to waive any r^' 
which they may have had to settle the vm' 
after another fashion. But such an assnin] 
is in reality needless, for these consequences 
more correctly be ascribed to the very asl 
of the proceedings in jure, the law implif 
ordaining that they shall necessarily flow 
the fixing of the issues in the formula (Fa< 
InstittUionen, § 172; Walter, GescMchie 
rifmiscKen Rechts, § 720) ; and if this viefTj 
accepted, it would seem to be unnecessary {} 
some of those by whom it is supported) 
regard litis contestatio even as a quasi-contrt 
In the time of Diocletian (A.D. 294) 
formulary system finally disappeared, and set 
were commenced and conducted in much 
same way as in modem courts of justice, 
procedure being called simply cognitio. I^ 
period litis contestatio denotes the soJdi 
statement of his case before the judge 
plaintiff, and the similarly summary stst 



UDdl 

iteil 



LITBA. 

bt tilt ^laiuit of tha aatan of hi* defence, 
tndtnauHlirgimieiit folloning in detail: "Lit 
luK cmttsUU Tidetur, cum jadei per narra- 
u«a Dtgotii auum audire coeperit " (Cod. 3, 
i:cICiii3,l, 1*. 1; Cod.2,59,2, pr.> The 
'imt (^niraJcDt (j* 'ifi't eonttttatio in thi> leiiu 
.. iTK^i^ (Not. 53, 3, 2 ; SO, 10 ; 96, 1 ; 
Uid >iL 1, ft). Uuj of the old ruults for 

.['•fiiuoo that the right DfactiDa wiu dq longer 
aosmlf eitinfniihed (lee Bethmaan-Uolt- 
nj, aw Praxa, iiL pp. 257-262). 

(9H floltuEidorflri BecM^tziooa, a. v., and 
xy. litmtare of the topic ad fn., especially 
Uia. LOit CouteslaliiM nod UrtSeil, dud Wind- 
k-l»ki.i<»,5ja, 9.) [J. B. M.J 

LITEA (Mrpa) vat the nnit coirespoadiiig, 
li*!i oat tquicaient among the Oreeki of Sicily, 
'i^lkt libra of the Italiwu, and id uie for weigb- 
aii niioBi tabiUncei, including copper. The 
•i^rl n> Id QIC aa early aa the time of Epichar- 
itE, ud «cDn frequently in Ariitotle. it Has 
imW into tvelTB ounce*, irnJiu. [See Pos- 
HEii.] Writtn like Polybiiu nitDniry uie the 
nHitnndeTtbeUttD libra. The weight of 
'Jeliin mat aboat 3366 graina, 218 gnimmee 
laiitKh, ifttniogie, 2Dd edit., p. 662). The 
•-junlent in lilier of a litra of copper waa a 
nail tun weishing 13'5 graina, which was in 
mnoHm BK in Sicily, and «u the tenth of the 
I'oiuihiaa iiattr, called from that fhct )«ce1- 
^ft< mrif. Polliu (ii. 80) giies the Titue 
"'' Uk litrer litis a* the aame u that at aa 
tn™t>iiob»l(16 giaiiu); bat thli is onlr a 
""Sk ipproiimalion. [P. G.] 

LITTEBA'BUM OBLIGATIO. [Oblioa- 

LITC'KGIA. [LEircaaiA.] 
UTUU3, Mfilier (Oie Ebialter, it. 1, 5) 
<:ppa« this to be an Etruscan word aignifyiug 
■'^^■etrd. but more probably it ia connected with 
i-* verb litare, its aognral seiue beiog the 
-rifiul, and the miliUry {I'ttnii being ao called 
'ns I rtMrnblancc in shape. In the Latin 
•nUi) it ii osed to denote— 

L The crooked staff borne by the augurs, with 
'Ud ihtr ditided the expanse of heiTen, when 
"■-i wilh reference to divination (tem/rfum), 
iito itjiooi (rvfimci) ; the number of these ne- 
"riis; to the KtiDson discipline being sixteen, 
V3jrdiBjtotheRomaopracticefour(Miiller, iii. 
'.l;CLc.d(i),r.ii. 18,42). Cicero(iJ( Oic. i. 17, 
'^'Idismtiet the litaus as " incurrum et leriter 
 Hoas iafleinm bacillam;" and Ury (i. 18) 
""btcalun line nods aduncum " (cf Serr. 
JJ«.rlL *);; Marquardt, Slaalieencattvng, 
•^m). It is rery frequently eihibited upon 
"ijii of irt. The figure in the middle of ths 
y\li,wat illastmti'iai Is from a most inden 
'prawnrEiruacan sculpture in the posseasio 
V iijhiiuii (jranwnnti EiruKhi, torn. ri. tat 
'' ^' IX leprnenting an anjnr ; the two othei 
■"Owmau,^!, It is thought with muc 
pWbihlT that the pastoral ataff of bishops (nc 
'"•n^xpiscapal cmaier) was borrowed aa Tegams 
''■'fm fmiB the augur's lllniu, which in the 
'"Wfl drislian representationa it eiactly re- 
"^'•a IStt DKLefChrMimAaiiqttituii,s.v.) 
- i sort of trnmpet slightly corrtd at the 
'■^ny (Ftrtus, 1, T. : OelL T. 8). It differed 
'wfrua tie tiiio and the ODrnii(lIor. Carnu ii. 
't lilLooa,!. 237), the foimei being straight. 




Lltniu. the Augural Staff. 
the sacerdotal trumpet (iipariiiltr ir^irmtO- 
and says that it was emploTed by Romulus when 
he proclaimed the title of 'his city. Ascon. (ad 
Hor. Oirm. i. 1, 23) asserts that it was peculiar 
to cavalry, while the tuba belonged to infantry. 
This is not quite conecl, for in the armies of 
the Sabines and Romani (Ovid, Fast. iii. 216), 
where the lituxit is mentioned, it U clear that 
infantry are to be undentood. The bucinatoi- 
and the tuii'cm are both attached to the cavalry 
as well a« the infantry (Harqunrdt, Staaltter- 
waltung, ii. 553). Aa regards its shape, Seneca 
(Utdip. 733) says, "Sanuit rtfitxo classicum 
comu Ijtuusque adanca stridulos cantus elisit 
aare." Its tones are usually characterised as 
harsh and shrill (iln'iJar litttum, Lucan, i. 237 ; 
■om'fui acutoi, Enoiua, ap, Fest. i. o. ; Slat. TAnb. 
Ti. 228, lee.). The fallowing lepreientation is 
from Fabretti. See aleo the represeutatioD of 




LIXAE were sutlers who followed the 
Bomanjegions for trading purposes. So far as 
thev are distingiiiahed from menxitora, they 
sold provisions, while the mercatoiti dealt in 
other wares; but while in Caesar the mfrcator 
stands for both I.S. G. vi. 37), in Livy aad Taci- 
tus we find tixae alone for petty traders of all 
kinds, distinct only from the negotiator who 
speculated on a large scale. Thus in Lir. xxiix. 
1, where there is no prospect of plunder, the 
army it unencumbered by lixae, i.e. traders who 
would have bought up what they could from 
the soldiers ; so Liv. r. 8, " Lixarnm in moduro 
negotiabantur " (cf. Liv. xii. 63); and Hirt 
de Bell. Afr. 75, "Liue mercatoresque qui 
plaustris merees portabant." These traders of 
all descriptions had booths for their goods out- 
aide tha camp, which were called canabatt to that 
ad ciina6at tigimis means in the mnrkel quarter 
or baiaar, and in tome caiee out of these tem- 
porary bazaars more permanent settlements 
!, becoming at last transformed 



70 



LOCATIO CONDUCTIO 



LOCUPLETES 



into mnnicipia. (See Marquardt, StaatsvcriicaU 
tungy u 20.) The lixae were sometimes for- 
bidden to follow the legion (Sail. 2>. /. 45), 
from which it is clear that they came for their 
own profit, and not as a necessary commissariat 
adjunct. They are sometimes coupled with 
caloneSf the slaves who attended soldier;i, though 
quite dilTerent from them, merely because both 
were distinct from the Hghting army. In 
emergencies both might be pressed into the 
service, as in Lir. xxiii. 16, where they have 
somewhat the same effect as the cam]>'followers 
at Bannockburn. [G. £. M.] 

LOOA'TIO CONDU'CTIO, or letting and 
hiring, is, like sale [hlMPTio Venditio], one of 
the four Roman contracts which were said to be 
made consensu, because neither form nor part 
performance was required to make the agree- 
ment actionable. It comprises two varieties, 
which are distinguished below, viz. locatio con- 
ihicHo rerum and locatio conductto opcrarum. 
The contract was concluded, and the parties 
bound, as soon aa they were agreed upon what 
was to be hired, and the consideration (jnerces) 
to be paid for it (Gains, iii. 142; Inst. iii. 24, 
pr.). This mcrces must bo money, "pecunia 
numerata " (^Inst. ib. 2), except that the rent of 
agricultural land might be a certain proportion 
of its annual produce (Cod. 4, 65, 21). 

Locatio conJuctio rei is the letting or hiring 
of a resy but the res may be anything which 
could be bought and sold (and so not merely 
a tangible object, movable or immovable, but 
a res incorporalisy such as a usufruct. Dig. 7, 
1, 12, 2). The lessee of a house was called 
inqtUiinus, of agricultural land colonus. The 
letter {locator) of a res was bound to allow 
the other to have it for the time or pur- 
pose agreed upon, and for that time to take 
its fruits if it were a fruit-bearing object; but 
as he remained iU owner, he could always 
recover it back at the cost of having to pay 
damages for the breach of his contract: and 
similarly, if he told or otherwise alienated the 
res locata^ the alienee could always make the 
conductor give it up (whence the German maxim 
JCauf bricht ]l£iethe% though the latter of course 
had his remedy against the locator (Dig. 19, 2, 
25, 1 ; Cod. 4, 65, 9). The hirer was bound to 
pay the merces agreed upon ; to show the dili" 
tjentia ot a bonus paterfamilias [Culpa] in his 
charge of it, and to redeliver it at the termina- 
tion of the contract in as good condition as when 
it came into his hands, saving ordinary wear 
and tear. 

Locatio conductio operantm is the letting 
by a free man {locator) of his services at a fixed 
merces. If he was employed to make some 
specific object for the employer {e.g. to build a 
house, to make a piece of plate, &c.), he was 
called conductor or redemptor (Hor. Carm. iii. 1) 
and the employer locator, and the transaction is 
sometimes called specifically locatio conductio 
operis {faciendi). If the agreement was to do 
the whole job at a sum absolutely fixed, as dis- 
tinct from so much per diem, or so much for 
each portion completed, it was said to be made 
per aversionem (Dig. 19, 2, 35, pr. ; ib. SQ; 
ib. 51, 1). 

The jurists were often doubtful whether a 
given contract wis sale or hire; aa where, in 
consideration of so much money to be paid by a 



customer, a goldsmith agreed to mace him 
ring out of his (the smith's) gold (Gaiu£, iii. 14' 
Inst. iii. 24, 4): other similar cases ivill 
found in Gaius, iii. 146. Among them vfas th 
of a lease of land in perpetuity at a rent, vrhi* 
Gaius says was, accoriding to the better opini* 
in his time, hire, not sale, but which in lat 
times became an independent contract di>tin 
from either [EifPHYTEUSis]. Sometimes a^.\ 
the transaction was held to be neither sale c.< 
hire, though closely resembling both, bat on-- 
the so-called innominate contracts, enforce* 1 I 
anacliopraescriptis verbis {Inst. iii. 24,1 ami U 
(Gaius, iii. 142-147; Epit ii. 9, 15; Pau 
Sent. rec. ii. 18; Inst. iii. 24; Dig. 19, 2 ; Co 
4, 65.) [J. B. M/ 

LOCHUS {\6xos). [ExEECrrus, Vol. I. y 
769, 770, 775.] 

LO'CULI, a small coffer or casket with con 
partments (cf. loculatae arculae, Varro, H, Ii. i: 
17), whence it comes that in this aignificAtic 
the word is only used in the plural. It . w< 
smaller than the area (Jnv. i. 89: £ce Mar«»r 
note), but, like the area, was used to hold xnoiif 
(Hor. Sat. i. 3, 17 ; Ep. 11, 1, 175 ; M&rt. 1 
3d, 7); for jewels (Juv. xiii. 139); to hold k<^T 
(Plin. xiv. 13, § 89), &c. It takes the place I 
the larger area as the treasure chest of the hou \ 
(Hor. &i^. ii. 3, 146), and then was plstced i 
the atrium [sec Arca]: it was made of wcc* 
(Mart. xiv. 13) or sometimes of ivory (CK-iJ 
FasL vi. 749; Juv. xiii. 139); for security .; 
had a lock (Hor. Sat. ii. 3, 149) or was s^alei 
up (Plin. I, c). In Hor. Sai. i. 6, 74, K/.. i. ]| 
56, the word locvli is used for a small c.iH 
holding a schoolboy's libriy chartae, and stu-ki 
which would generallv be called capsa (Jut. x 
117) or theca {Suet.' Claud. 35). (See Orelli* 
Excursus on Hor. Sat. i. 6.) [G. E. M.l 

LO'CULUS. [FuNUS.] 

LOCUPLE'TES (or adsidv^ were Roma: 
freeholders of land who were included in t:>i 
five classes of Servius as liable for sammi^Li 
to service or tributum. Under this head camt 
all who held land valued over 11,000 asses (c:! 
also Liv. xiv. 15, ''eosqui praedium praedia\i 
rustica pluris H. S. triginta millinm habere l1 
censendi jus factum est : " for the arran^emeitt 
of the classes, see Comitia). The state wai 
therefore divided into adsidui (or Uxupletesy, i.< . 
those who had property, and proletarii, •* l*^ 
getters of children," who were counted by heads 
not by property [see Proletarii]. This is 
shown in Cic. de Hep. ii. 22, 40 : ** Servius Tuliiu? 
quum locupletes adsiduos appellasset ab aer»- 
dando, eos qui aut non plus mille qiiingent<.> 
aeris aut omnino nihil in iunm censnm praeter 
caput detulissent, proletaries nominavit, ut ei 
iis quasi proles, id est quasi progenies civitat.'ii 
expectari videretur." As to the origin of th«' 
two words, for adsiduus we may safely reject 
the etymology given by Cicero, "abaere dand<>/' 
and that suggested in Gellius, x. 16, ^^amuoens 
faciendi adsiduitate.'* It means no doult 
" settled on the soil," or permanently domiciled! 
(from cdsidere ; cf. residuus) = the German! 
ansSssig (^lommsen, Hist, of Home, i. 196) s 
locuples is derived by Ovid {Fast. r. 280) from 
landholding^ where locus is made equivalent to 
ager ; and so Plin. H. N. xviii. § II, ''Locu- 
pletes dicebant lod id est agri plenos." But it it 
dear that this is not the natnrml sense of Iocum^ 



LODIX 



LOGISTICA 



71 



aad it is better with Hommsen {Staatsrecht, iii. 
": u) to take it as referring to wealth of money 
%ci connect it with iociUi^ the money-chests. 
From the pasaa^ in Cic Top, ii. 10, ^ Cum lex 
aiisidao Tindioem adsidnum esse jubeat, locu-> 
f>.;tcm jnhet locnpleti; ]ocuples enim est ad- 
s.iBus, nt ait Aelins," it is clear that adsiduus 
Tis the older term, written in the Twelve Tables 
ic;-. Gillins, t c). [W. S.] [G. E. M.] 

LODIX, dun. LODrCULA {adrytop), a small 
Av^ blanket (Jar. vii. 66). Sometimes two 
1 'iiccs sewed together were used as the coverlet 
««:' a bed (Mart. xiv. 148). The Emperor Augustas 
.» uiooally wrapped himself in a blanket of this 
<i^M.riptioii on account of its warmth (Sueton. 
.U;. 83X It was also used as a carpet (*'an- 
nl'A lodicnlam in pavimento diligenter extendit/' 
PrtnjfL SaL 20). The Romans obUined these 
lUaketo from Verona (Mart. xiy. 152). Their 
ii^i vas nearly, if not altogether, the same as 
t^e fagwimm worn by the Germans (Tac. Oerm, 
«) pAOTlL] [J. Y.] 

L0GI8TAE (Aoyi^oO- [Euthtne.] 
LOGI'STICA [Aoxurriic^, ac. rexi^, PUt. 
frvrj. 4M D, &C. : the nearest Latin equivalents 
^]*^M to be ratiodnandi an (cf. Cic 2\fac. i. 
'. •>), dmumeratio (Id. JUp, iii. 2, 3), rationis 
f^itctio (c£. ttabdHeerCf iii. in Smith's Lot. 
I'yitX or campvtactio (pott. Attg.y] means *Hhe 
art (/i calculation " aa opposed to the ^* theory 
'( noBibers,'* arUhmetica (q>v.). Neither, of 
• '*xi^, can exist without the other ; but as the 
■'l-ratioos of aritJitnetica were generally per^ 
1 .tned by means of geometrical figures, which 
«ere found more snggestive as representing not 
timbers only, but magnitudes generally, the 
cibtomary numerical symbols and the operations 
'II which they were used were deemed to belong 
t • Upjigtiooy and are mors properly treated in 
* '- i^ article. We shall divide the subject accord- 
•ti^ y mto two parts, dealing first with the 
Ttpreseatation of numbers, and secondly with 
caicoUtioDa. 

L Ndxeral Signs. 

(l) Cnwi.— (1.) FingeT'tigns, From the 

c^i^Tal ue among Aryan peoples of a denair or 

r.f«simal notation, it may be inferred, with aa 

Eucb certainty as can ever be obtained about 

fr«.4is(oric culture, that these nations at a 

Terr cariy time used the fingers and toes aa 

«5uboU of number (cf. A. F. Pott, 2XUtlmei/iode, 

^-, Halle, 1847, and SpiacAveracMedenkeit etc 

<» 'ini Zaktwifrtem^ Haile, 1867 ; Tylor, Frimit, 

U(«re, L ch. 7). A relic of a yet earlier 

•''UtioD, the quinary, survives in the words 

^^ff^ttr, W9pard(9ffBait wtfirarrfis (Uom. Od, 

"' 412; Aeich. Fert. 981, &c), which imply 

fut 5 «u at one time the limit of the units 

m •niiaary counting. At this time, and indeed 

(>r k«g after the denary notation was adopted, 

^ Grttks clearly used both hands to count no 

HhtT than 10 (cf. Herod. vL 63, 65; Arist. 

''"^dtm, xv.X and no doubt this simple practice 

*u nertr lost. But the references to finger- 

nckoning in literature are very scanty until a 

«« <i«te (Plnt.il/N91AM. 174 b; Dio Cass. Ixxi. 

^•^ I 1 ; AM, Fnl. xL 72, &c.X when a far 

"l^n coBpliestad systeniy common to Greece, 

n«lj< tad the East, U found in use. (See 

^>gR hk JaknA, der Dmt$cJu Morgenl. 

^"vM. 1845, pp. 111-129.) This is fully 



described by Nicolaus Smymaeua (called also 
Rhabda or Artabasda) in a work entitled 
lic^pao'is ToD iaiervKiKov fiirpoVf written pro- 
bably in the 13th or 14th century, and printed 
by N. Caussinus in his book De Eioquentia Sacra 
et Humana (lib. ix. ch. viii. pp. 565-568, Paris, 
1636 ; also in Schneider's Edog. Physic, p. 447). 
In this system, units and tens were represented 
on the left hand, hundreds and thousands on 
the right. The thumb and forefinger of the 
left hand were devoted to tens, those of the 
right to hundreds; the remaining fingers of 
the left hand belonged to the units, those of 
the right to thousands. The fingen might be 
straight (^«cTciy^/ceyo<), bent ((rv<rrffAA<i/tcyo()» 
or closed (icXfy<(/icyoi). In the left hand, bending 
the fourth finger marked 1 ; bending the third 
and fourth, 2 ; the middle, third, and fourth, 3 ; 
the middle and third only, 4 ; the middle only, 
5 ; the third only, 6. Closing the fourth finger 
gave 7 ; the fourth and third fingers, 8 ; the 
middle, third, and fourth, 9. The same motions 
on the right hand indicated thousands, from 
1000 to 9000. The motions of the forefinger 
and thumb in representing tens and hundreds, 
on the left and right hands respectively, are 
more difficult to describe. The reader is 
referred to Roediger's article, above cited ; to 
Friedlein's Zahheichen und Elem. liechnen der 
Gr, tt. Bomer, p. 6 ; and to Prof. Palmer's art. 
in Journal of Philology, vol. ii. p. 247 sqq., 
where a plate is given. Martianus Capella (be 
NuptOa Philol. kc, bk. vii. p. 244 of Grotius* 
ed. 1599) says, **Nonnulli Graeci etiam fivpia 
adjecisse videntur," and adds, apparently in 
reference to this usage, ^* quaedam brachiorum 
contorta saltatio fit," of which he does not 
approve. The motions were probably the same 
as those described by Bcde in the tract J)e 
loquela per gestum digitorum (Opera, Basileae, 
1563, col. 171-173). Various positions of the 
left hand on the left breast and hips indicated 
the ten thousands, corresponding positions of 
the right hand on the right side the hundred 
thousuids, and the hands folded together repre- 
sented a million. There is no means of ascer- 
taining the origin or the time of introduction of 
this method of finger-numeration. It is thought 
by some commentators that Aristophanes alludes 
to it in Ftfsp. 656, but it is observable in that 
passage that Philocleon only concludes from his 
''easy" calculation, that 150 talents are less 
than a tenth of 2,000, so that he probably used 
his fingers in the ordinary way to divide the 
latter number by 10. The more complicated sys- 
tem was obviously of no use in calculation, save 
as a memoria technica in cases where the mind 
might be embarrassed by the consideration of 
several numbers at once. It was probably, at 
first, only a means of communication between 
buyers and sellers who were ignorant of each 
other's language. The same or a similar system 
is still used for secret transactions in rersia 
(c£ De Sacy in Journal Asiat. voL ii., and Tylor, 
Frimit. Culture, i. p. 246, n.). 

(&.) Febble^igns, — Under this head may be 
included all the representative signs used with 
the reckoning-boanl, abacus, Afia^ or itfidxtov 
Qj.v.y. These were generally small stones or 
balls, or dots mark^ in sand, and the signs 
varied in value according to^the row of the abacus 
ia which they were placed. (Herod, ii. 36 ; 



72 



LOGISTIGA 



Diog. Laert. i. 59 : cf. Becker-Goll, CharikleSf 
ii. 67 ff. ; and see below under Boman ^ pebble- 
signs," p. 74.) [Abacus.] 

(cJ) Written Characters. — lamblichus says (m 
Nioom, ArithnL, ed. Tennulins, p. 80)| without 
citing any authority, that among the earliest 
Greeks numbers were represented in writing by 
repeated strokes. In one inscription (Franz, 
Epig. Oraeca, p. 347 ; Boeckh, C. /. G. 2919, 
Tol. ii. p. 584) from Tralles, Ircof I M M I I is 
found, but Boeckh suspects this to be a forgery 
of imperial times. With some limitations, how- 
ever, the statement of lamblichus may be true. 
It is possible that with the Greeks, as with the 
Phoenicians and Egyptians, the signs of the 
units, tens, &c. were at an early date repeated 
nine times without any intermediate compendia. 
(Cf. Pihan, Expot€des Signea de Numeration, kc, 
Paris, 1860.) 

But the earliest known system of written 
numerical symbolism in Greek is that which 
used to be called after Herod ianus, a Byzantine 
grammarian of the 3rd century, who alleged 
that these *' Herodianic " signs occurred in laws 
of the Solonian period and other ancient docu- 
ments, coins or inscriptions, seen by him. (Se<^ 
App. Gloss, to Steph. TheaaurtUf vol. zii. ; 
Valpy's ed. p. 690.) His statement has since 
been most abundantly corroborated, especially 
in Athenian inscriptions, and the system of 
numeration is now generally called Attic For 
our present purpose, however, the old name is 
more convenient. Upon this system strokes 
served for units less than 5, and the chief 
higher numbei*s are represented by their initial 
letters, P for irfrrc, A for 94k€l, H for iKarr6if, 
X for x^^^^h M ^'^^ fivpioi, with further com- 
pendia, p for 50, p for 500, &c. (See C, /. A, 
vols. i. and ii. ; or Hicks, Gr. Inter, passim ; or 
Boeckh, Mt. Seetoesen, p. 547 eqq, &c. For 
curious Boeotian variations, see Franz, Ejpig. 
Graec. App. II. ch. i. p. 348.) These signs 
alone are used in all the known Athenian 
inscriptions of any date b.c. (in other words, in 
all the Inscr. of 6, /. A. vols. i. and ii.). Outside 
Attica they certainly remained in use along 
with the alphabetical signs, to be next described, 
and are found with them on papyrus-rolls pre- 
served in Herculaneum, which cannot have been 
written before Cicero's time. The two styles 
are there used, as we use Roman and Arabic 
numerals together, on occasions when arith- 
metical division proceeds on two distinct 
principles, e,g, to mark the books of an author 
as distingoished from the number of lines in the 
whole work. (Ritschl, Die Alex. Bibiiotheken, 
pp. 99, 100, 123, n.) But at some date which, 
as will be shown directly, cannot now be 
ascertained, the letters of the alphabet with 
some additions came to be used in the Semitic 
manner as numeral signs. It has been well 
pointed out (Cantor, Voriea, uber Gesch. der 
Math, i. p. 108) that the change was, for all 
purposes except brevity, a mistake. With the 
Herodianic signs many patent analogies were 
exhibited which were wholly obscured by the 
new symbolism. To take a very simple in- 
stance, A multiplied by fl gave p, and H 
multiplied by fl gave p) ; but on the new 
system t' x ^ gave /, and ^ X tf' gave ^', and 
none of these signs contained in itself the least 
cine to its meaning. Hence, at every arithmetical 



LOGISTIGA 

operation with alphabetical symbols, the mind 
was really strained, first to interpret the signs, 
then to effect the calculation, and lastly to 
express the result in signs again. We shall see 
later how cumbrous the process was. 

When and how the arithmetical oae of the 
alphabet was adopted in Greece, is a aabject 
of the greatest difficulty. It is the custom tn 
say that the practice was originally Semitic 
(cf. Nes&elmann, Ahjehra der Griechen, p. 72 sqq.\ 
but no such practice appears on the Phoenician 
inscriptions at present known, and it is not 
found on any Hebrew coins before 141—137 B.C. 
(Cf. Schroder, PhUnikiache 8pr,^ quoted by 
Hankel, Zur Geech. der Mathem, p. 34, and 
Dr. Euting there cited. Also Madden, Coins of 
the Jewtf p. 67, temp. Simon Maccabaena.) On 
the other hand, the Hebrew cabbalistic practi<>e 
of gematria (t.e, of treating as interchangeable, 
for purposes of interpretation, words whose 
letters, regarded as numerals, amount to the 
same total) is said to be as old as the 7th 
century B.C., and, if so, points to the nnmerical 
use of the alphabet at that time (Cantor, Vor/cs, 
i. pp. 87, 104, 105, quoting Lenormant, I^ 
Magie ehez lee ChaldeeM^ p. 24: cf. also Rev. 
xiii. 18, and Dr. Ginsburg's art. KfAbdUxh in 
Encycl, Brit,, 9th edit. vol. xiii.). And there 
is a peculiarity in the Hebrew and Greek alpha- 
betical numerals which suggests some connexion 
between them. In both cases the proper alpha- 
bet is deficient, and is supplemented np to the 
same limit. The Hebrew alphabet of 22 letters 
gives numbers only up to 400. The deficiency 
is supplied, up to 900, by using the final form's 
of letters, the medial forms of which (cf. Greeic 
v and s) had already been used to represent 
20, 40, 50, 80, and 90. The Ionic alphabet €^t 
24 letters, which was formally adopted at 
Athens in 403 B.C., could give numbers only as 
far as 600. Three letters are wanting to com- 
plete the hundreds, and for this purpose the 
three M<nifM, ?, o, and "^f two of which had 
certainly been used in older alphabets, but are 
omitted in the Ionic, are introduced. But these 
MffufUL, unlike the Hebrew finals, do not occur 
together, but stand for 6, 90, and 900 respec- 
tively, at widely distinct places in the series. 
Now ? no doubt represents the old Vau (J^ and 
both this and jt^nra (9) occur at the proper 
places of those letters in the alphabet, yet the 
last sign"^, whether it represent the PhoenictAn 
akin (Gr. vij^, Herod, i. 139) or txade^ oceans 
in either case, out of its place and is clearly 
resumed into the alphabet for arithmetical 
purposes. But if we consider the difficulty of 
reviving a long-forgotten letter at all, and 
remember that ? and 9 occur in their proper 
order, we should conclude that the Greek 
numerical alphabet, if it was settled by custom 
only, was settled at a very early time indeed, 
possibly before the Hebrew. It is even con- 
ceivable that the non-Phoenician letters, v, ^ 
X* ^y «) were originally invented for purely 
arithmetical purposes, and were afterwards 
adopted as alphabetical signs. 

But i^ainst these supponitions there is a roost 
formidable array of facts. In the first place, 
the inscriptions at present known do not disclose 
the existence, for literary purposes, of so full an 
alphabet as that used in nnmeration. There is 
none in which both F and 9 oocur side by side 



LOGISHOA 



L0GI8TIGA 



73 



viih bolfti f and ai. (See the charts appended to 
KircUioar, Zmr Getch. det Oriec/L Alph, 3rd edit., 
1^7, and pp. 157-160 of the text. The tran- 
Ktipi in lUckf, Or, Inter, No. 63, p. 117 aqq,, 
B wukadxog. The original in Bhem, Mua, 
:871, p. 39 »qq,f contains neither if nor •.) 
Secondlj, the common alphabetic numerals do 
art ^»p«ar on inscriptions proper (exclosiTe, 
tki is, of coins and MSS. to be mentioned 
praefitiV) before the 2nd century B.C., and, 
uua^ tbeie, onlj on the Asiatic The oldest 
if^cneB is probably one of anoertain place 
(pristed in C. I, G. toL iy. pt. xuciz. No. 6819), 
Tbid ii aangned by £. Cortius to about 180 B.C. 
(Frani, £pigr, Gr, p. 349, cites, as oldest, one 
«f Halicarasssos, C, L (/., No. 2655, which 
Bocckh thinks to be little earlier than the 
irhristiaii era.) A (not jet published) Rhodian 
Dicription in the British Muaeum, assigned to 
abcBt the aame time, still uses the Herodianic 
sgn. It should be added, also, that the earliest 
iastic inscriptions, which contain alphabetic 
bbskfUi, arrange them generally with the lowest 

4i^t first, rerersing the usual order («.</. i|ir, (ic, 

4c ia Xo. 6819 above cited). It has already 

MCB meatiooed that no Attic inscriptions before 

Bperial times contain alphabetic numerals at 

all (It is, no doubt, purely accidental that 

> dflo not occur in any inscription : Franz, 

Ifigr. Gr. p. 352.) It may be admitted that 

H>li€ inscriptions would be the last place into 

wUck a new system of numerals would force 

itsvay.bot H is hardly likely that the Hero- 

ciaoie signs would have survived in public 

documents several centuries after the alphabetic 

iud come into general use among merchants, &c. 

TWly,the earliest numerical or quasi-nume- 

lial use ef the Greek alphabet, of which we 

vk be quite sure, is not the same as that now 

Q qaesUoa. The tickets of the 10 panels of 

Athenian Ac/asstM were marked with letters from 

ate K, omitting t. (SchoL to Ar. PluL 277 ; 

Hkks, Inter, No. 119, p. 202; Franz, Epigr, 

'^. p. 348.) The books of Homer, as divided 

(? Zenodotns, are beaded with the 24 letters of 

t^ Ionic alphabet, omitting ? and 9. The 

i»ob of the Ethics, Polilict, and Topics of 

•Vriitotle are numbered in the same way ; and 

t^t this division is ancient is evident from 

^x. Aphiodisiettsis, who (m Metaph, 9, 81 b, 

^) qnotca from C rmv Nutofb a aeries of defini- 

ti«as which arc now found in the 6th book. 

h skonld be mentioned finally, to complete the 

P^n^ity of the subject, which, considering its 

>3portaace, has been strangely neglected, that 

t^ is no evidence (it would, of course, be hard 

to ihkd) of a time when a short alphabet was 

^u fax »M a would go, and the remaining 

bsadrads were represented by double letters or 

Herodianic signs ; nor any evidence of fluctuation 

« the ralne of the letters. O, for instance, 

%^t be expected to have sometimes its Semitic 

nloc 100, mstead of 90, or Z might occasion- 

«iT represent 100, instead of P. 

^t Greek inscriptions already collected are 

^BnneroQS that the sUtements here made are 

^ liktly erer to want correction in any im- 

?<>^iat detail. The fact, at preaent indisput* 

^ to which they point, is that alphabetic 

""B^nh do not appear at all until long after 

7 tti 9 bad disappeared from the literary alpha- 

<^ ad that these kttexs are nevertheless used, 



and used in their right places, for numeration. 
The revival of these letters and of "^ implies, 
under the circumstances, a degree of anti- 
quarian learning such as cannot be attributed to 
the public at large. It looks like the work of 
some scholar, backed by the influence of para- 
mount political authority. It will be conceded 
that Alexandria is the most likely place, in the 
first three centuries B.a, to find kings and 
scholars in co-operation, and to find some mutual 
Influence of Greek and Semitic literary usages. 
It remains only to add, what has been reserved 
for this place, that by far the most ancient and 
certain evidence of alphabetic numeration comes 
from Egypt under the first Ptolemies. The 
oldest Graeco-Egyptian papyrus (at Leyden, No. 
379: V. Robiou, quoting Lepsius, in Acad, des 
Inter, Suj, dio,f 1878, voL 9), which is dated 
257 B.a, contains the numerals k6^ (=2^). 
Still earlier evidence is furnished by coins, 
especially a great number of Tyrian coins of 
Ptol. II. Philadelphus, assigned to 266 B.C. (The 
K on some coins of Ptol. I. Soter, and the double 
signs AA, BB, &c., on those of Arsino<$ Phila- 
delphi, are of doubtful signification.) From this 
time onwards the evidence of Ptolemaic coins 
and papyri is abundant. It is not unreasonable 
to suppose that the ordinary Greek alphabetic 
numeration was first used at Alexandria on 
coins, for which its brevity, its sole advantage, 
would make it especially useful. Jewish usage 
may have suggested it or been suggested by it ; 
but, however that may be, Alexandrian com- 
merce and the fame of Alexandrian learning 
would be sufficiently potent agencies to dis- 
seminate the new system throughout the 
Hellenic East. 

Before proceeding to exhibit the Greek use of 
alphabetic numerals, it will be well here to 
mention briefly two &cts, of some interest in 
themselves, which need not further concern us. 
Heilbronner, in his Eistoria Matheseoa (pp. 
735-737X cites from Hostus, who refers to 
Noviomagus, a system of numeral signs in which 
arms, as it were, are attached to a central line 
according to a fixed plan, which may best be 
exhibited by an example. U or F is 1, P or "1 
is 10, J or L is 100, n or J is 1000, Z is 
1111 in the vertical form, and similarly for the 

other numbers: e*g, ^ is 7744, X ^ 7766, 

£ is 9999. The work of Noviomagus has been 
at last identified by Friedlein {Zahlz. p. 12) as 
De ywnerit, libri ii. (Cologne, 1539) book i. 
ch. 15. This style is said by Noviomagus to be 
used by ^ Chaldaei et astrologi." It was known 
to John of Basingstoke, who learnt it in Athens 
about 1240, and is described by Matthew Paris 
(Chronica, v. 285, ed. Lnard). Secondly, Greek 
arithmetic has no cipher. The which De- 
lambre {Attron, Anc, i. p. 547, ii. pp. 14, 15) 
found in the Almagest is a contraction of oM/y, 
and occurs only in the measurements of angles 
which contain no degrees or no minutes. It 
stands, therefore, always alone, and is not used 
as a digit of a high number. The stroke which 
Otfried Miiller found on an Athenian inscription, 
and which Boeckh thought to be a cipher, is 
clearly explained by Cantor as the tota, the cus- 
tomary sign of 10. (See Cantor, Math, Beitr. 
p. 121 aqq.f and pi. 28 ; Nesselmann, p. 138, n. 
25 ; Hultsch, Scriptorea Metrd, Ora$Gif Vorrede^ 



74 



LOGISTIGA 



pp. v., yi. ; Friedlein, p. 82.) The numerical 
values attributed to each letter in the Gi*eek 
alphabet are stated in every Greek grammar. 
Suffice it here to say that the letters a'— ^, in- 
cluding ^ for 6, represent the units, i — 9' the 
tens, fl — ^' the hundreds. For the thousands 
the aJphabet recommences, bat the stroke or 
acute <accent which marks the numerical use of 
a letter is now placed in front of the letter^ and 
rather below it, so that ^a — ,6 represent 1000 — 
9000. For 10,000 Mv or M, the initial letter of 
fivptoi, was generally used on the Herodianic 
principle ; and with multiples of 10,000 the co- 
efficient might be placed before, after, or over 
this M. If the co-efficient were placed first, the 
M was sometimes omitted and a dot substituted. 
Other devices appear in MSS., e.g. / for 10,000, 

^K fur 20,000 in Geminus, or d, jj, &c (See 
Hultsch, Metrol. Script Rellig., vol. i. pp. 172, 
173 ; and Ritschl, op. ctf. p. 120 ; Kicomachus, ed. 
Hoche, Introd. p. x.) In the case of high num- 
bers, accents were usually omitted and a stroke 
was drawn over all the component letters (cf. 
C. L -4., vol. iii. Nos. 60 and 77, for the two 
styles) ; and as these were arranged in the modern 
order, with the highest on the left and the 
lowest on the right, the distinguishing mark of 
the thousands was also often omitted and the 
value of the letter was indicated by its place, 

e,g. fir€ is 2305. The improved nomenclatures 
invented by Archimedes (in the i^afifjUrris) and 
Apollonias (exhibited by Pappus, Math, Coll., 
bk. ii.) may have been originally accompanied by 
improved symbolisms, but no trace of them now 
remains. 

The representation of fractions (XeirriC) in 
3ISS. is also various, but the most common 
methods are either to write the denominator 
over the numerator, or to write the numerator 
once with one accent and the denominator twice 

Ka ica' 

with two accents, e.g. i( or tf or tf jca" jcot". 
Fractions of which the numerator is unity 
C sub-multiples," as they are sometimes called) 
are the most common. With these the nume- 
rator is omitted and the denominator is written 
above the line, or is written once with two 
accents. (See for special details Kesselmann, 
pp. 112-116; Hultsch, op. dt, vol. i. pp. 172- 
175 ; Friedlein, Zahixeickcn, pp. 13, 14.) Special 
signs for J,/^ or ^, C and S, and for f, «", 
are found. Brugsch {Numerorum Demot Doctr,^ 
Berlin, 1849, p. 31) gives, on the authority of 
Greek papyri, the signs / for addition, "^ for 

subtraction, and f^^ for a total. (See the plate 

appended to Friedlein, op. cit., and references 
there given.) 

(b.) Boman. — (1.) linger-signs. The later mode 
of representing numbers on the fingers seems 
to have been the same among the Romans as the 
Greeks. The best known reference is Juvenal, 
z. 248 (where see Prof. Mayor's note). The 
oldest u possibly Plautus, Mil, Ohr. ii. 3, 
^'dextera digitis rationem computat," but the 
meaning of this is not very clear. Pliny indeed 
(^If. H. xxxiv. § 16) says that Kuroa set up a 
statue of Janus with the fingers so arranged as 
to represent 355, the number of days in a year 
(cf. Macrob. Conviv. Sat, i. 9). 

(2.) Pebbie-sigiu, — ^The Romans used at least 
two forms of abacusi one ia which buttont 



L06IBTICA 

(chvicult) moved in grooves {alveoUX another in 
which the stones were loose. A drawing of a 
very elaborate abacus of the first kind is gives 
by Friedlein in Zcitschr, f. Math, tmtf Phys.^ 
1864, vol. iv. pi. V. (cf. Zahlz. p. 22). It U 
capable of representing whole numbers up \a 
999,999, all fractions with 12 for denominatorj 
and some others. It employs 45 buttons in IS 
grooves. Seven vertical grooves at the bottom 
of the instrument contain four buttons each, 
those in the left-hand groove representing « 
million, the values descending towards the righ< 
down to the units. Opposite these grooves, a^ 
the top of the board, are seven smaller groove^ 
containing 1 button each, representing 5,OO0,Ou0^ 
500,000, &c., down to 5. The eighth lowet 
gi'oove contains 5 buttons, each representing 
^ ; the eighth upper groove contains 1 button^ 
representing ^. lliree grooves at the side coo' 
tain a button for j| at the top, another for ^ in 
the middle, and two for ^ at the bottom of the 
board respectively. It is possible also that some 
a&oct had balls moving on wires or strings^ 
similar to those still used in schools. In thes^"^ 
of course, the lines would be held horizontally^ 
and not vertically. The so-called Pythagorean 
abacus, with its accompanying apioesy is not 
mentioned by any writer of classical times. The 
MSS. of the Oeometria, attributed to Boethius^ 
in which it is first described, cannot be con- 
sidered earlier than the 11th century, and no 
trace of any such abacus appears elsewhere 
before the 9th century. It need not therefore be 
discussed in this article (t. Friedlein, Zahlz. 
pp. 22-27). 

(3.) Written characters. — ^There are some signs 
that the Romans occasionally used their alphabet 
for numerical purposes; but the practice wa5 
neither general nor reduced to any fixed rule, 
and the dates of our authorities for it, where 
known, are all late. Some verses on the subject 
appear, with slight variations in several USi>. 
Ont version of them is given by Noviomagus in 
the work De NumeriSy sUready mentioned (lib. i. 
cap. 10). It begins : — 
** PoBsidet A numeros quingentoi ordine recto, 
Atque treoaUot B per se retinere videtur. 
Non plUs qoam centum C liters fertur habere. 
Liters D velut A quingentoi significsblt," kc. 

(See Friedlein, ZaMz. pp. 20, 21.) But it is un- 
likely that an alphabet so short and so capable 
of disturbance as the Roman certainly was, could 
ever have been used, in the Greek manner, for 
numerical purposes. 

The oi*dinary Roman numerals are too well 
known, and are still in too common use, to 
require detailed exhibition. The well-known 
theory that 10 was represented by two strokes 
(X), 100 by three (C), and 1000 by four (M), 
and that V, L and N or are the halves of these 
signs (Kesselmann, pp. 89, 90; Key's Latin 
(hrammary § 251), has the advantage of sym- 
metry, but does not account for the more ancient 
forms of these symbols. (See the plates appended 
to Friedlein, op. cit., and Cantor, Vorles. Math.} 
The more common theories of recent times are 
that L, C, and M or #k are corruptions of ^ 
(the Chalcidian form of Xj written X), and ^, 
while X is referred either to 0, the old form 
of ©, or to the Greek X, so that all these signs 
would be adopted from the letters of the Greek 
alphabet, for which the Romans had so use. 



L06I8TIGA 

(Sec Bitidil in Shgm, Jfiu. 1869, xxir. p. 12 ; 
-o^ MonuMen, Unter It, JXai, pp. 19-34; 
Ia.bf, ZiiL Gram. App. D, ii. ; Friedleio, op, cit 
p. i7.) The objections to this theory are, of 
c 'QTM, that the proposed letters are not used in 
tacir Greek order, and that the Romans and 
KtTuscans used, in conjunction with these very 
L^su, a wholly peculiar mode of representing 
iB:»rnrening numbers. Such forms as IX, XL, 
Xt.\ are so original, as to snggest the orig^ality 
i.i« of the sig:ns of which they are compounded. 
(Mil] stranger forms, as XIIX for 18, are also 
f-cad: Fri^ein, p. 32; Corasen, Etnuher^ i. 
3:M1.) 

A few of the more uncommon Koman numerals 
sbodd be here mentioned. The sign for 1000 
Wiag (t\ (not M till post-Augustan times: 
^ccDBMcn, op. cit. p. 30), that for 10,000 was 

(Ai\ and that for 100,000 ((ftl)) ; but the 
eriinary sign for a million was Q, and any 
ai^er multiple of 100,000 was similarly en- 
•..•4ed with side and top lines. But the repeti- 
tiisa of (t\ and the other signs above giren being 
tjoad cumbrous, it was usual, with intervening 
moitiples of 1000, to write the coefficient with 
i. stroke over it, or with mt/ia, or merely M 

tppoded, e.g. XilDC, or XII mUia DC or 
XUMOC. (Of. Friedlein, Zahlz. pp. 28-31, where 
ion forms attributed to Pliny are specially dis- 
cussed ; and Marquardt, fidm. Alt iii. 2, p. 32, 
4ad T. 1, pw 98, notes 1 61 and 522.) Other forms 
are found, bat it is to be remembered that MSS. 
are not nfe gaides to the usages of classical 
tiaies. The form H for 6, for instance, is not 
uoommon in MSS., but is not attested by any 
coins or inacriptions older than the 6th century 
(Friedlein, p. 33). 

The fractio&a generally used by the Romans 
vere the divisions of the as and uncia. It 
should be remembered that the as was, for all 
(•erpoies, the type of unity. Thus Balbus {ad 
OUom de Asse^ 1) says, ^ Qnidquid unum est, 
lisem ratiodnatores vocant" (cf. Marquardt, 
lu. 2, pp. 41^-44X nnd the fractions of the as are 
applied to divisions of any kind of magnitude, 
livy (v. 24, 5) has ^ teraa jugera et septunces " 
ttd (vi 16, 6) **■ bina jugera et semtsses agri." 
Cohmella and the ^nSmatid (ed. Lachmann, &c, 
Berlin, 1848) use the same terms for divisions 
< f time or length. (Cf. Yarro, de R. B, i. 10 ; 
Friedlein, pp. 34, 35 ; Roby, LaU Gram. i. 
A}>|i.Dvvi.-ziii.) The names of the divisions of 
tbs as from deunx to frndOt i.e. from U to X, 
art set oat below in the Appendix, Table XIII. 
T:Mee of the muda are given in Table XIY. It 
laar be mentioned, however, in this place that 
^^rjt^dmm is also very often called scrupuhs 
^ scripMieat, and that the book De Asse of 
t&« 3fd century gives, besides duelia^ the un- 
gual fractions dt-ac/ima (J), tremissis Q^y and 
^ Dame kemisescla for semisextuia or dimidia 
ir/ta'd (Friedlein, p. 41). Other fractions were, 
<^ <»nrse, expressible (e.g. quatiuor sepHmae, sc. 
f^ia, Itc), and after the time of Constantine 
>^ terns appear as translations of Greek or 
'^ttatioBs of older Roman names (e.g. supers 
Anttui, st^tertertiua^ Iec, for iifuiMot, M' 
vpiroi, kci Friedlein, pp. 41-43^ 97, 98)» but 
tN diviskiBs of the as and wicm given in the 
Apf«adiecs are the only fraetions for which 
^'^ agaa are fomd. The aignt from tMCM 



L0GI8TICA 



75 



to qtUncunx are merely arrangements of hori- 
zontal strokes or dots, as . , : , : • , : : , : : . . 
Semis is represented by S, and from this to 
deutue the signs are S, with those for uncia, &c., 
added to the right of it. Then as is an upright 
stroke I . The signs below uncia are usually 
temuncia, L or € or ^ , sicilicus , sextuia \ , 
O; or 2 ) dimidia sexttUa S^ or x > scriptvlum ^ 
or '^. (Cf. Bede, De Batione Assis, Opera^ 
Basileae. i. col. 182.) Much fuller tables are 
given in Friedlein, plates 13-15, and the forms 
applicable to divisions of the denarius are set 
out in Roby, Lai. Gram, i., App. D, viii. It is 
possible in this place only to mention the most 
common and interesting facts and to refer to 
the authorities who treat the subject in detaiL 
The reader cannot expect here an adequate com- 
mentary on Frontinus or Victorius. (Vide, 
beside the references already given, Hankel, Zur 
Gesck. der Math, pp. 56-63; Cantor, Vorles, 
p. 445.) 

II. Calculation. 

It has been already remarked that finger- 
signs are of no practical assistance to calcula- 
tion save as a mode of representing a sum, 
difference, product, &c., and so relieving the 
memory to some extent in the processes of 
mental arithmetic The actual work of cal- 
culation was done with the abacus or with 
written signs. Addition and subtraction were 
always done with the former. So also were 
multiplications and divisions, where the multi- 
plier or divisor was a low number, but as a 
general rule multiplication was done with 
written signs, and division by both methods 
together. The schemes of addition and sub- 
traction set out by Nesselmann (p. 119) are 
without authority, and it is to be remarked 
that it was in multiplication only that the 
ancients approached at all nearly to the modem 
facility of using written signs (cf. Friedlein, 
pp. 26 and 74). 

(a.) Greek. — Addition {aifirO^ais) and subtrac-^ 
tion (jk^ptaii) seem to have involved generally 
some mental arithmetic, for apparently on the 
ordinary abaci only one number of several digits 
could be represented at a time. The practice 
probably was to set out one of two numbers to 
be added, to add the other mentally and set 
out the sum {Kf^d\aiop\ removing or adding to 
the ^^x previously arranged as the calcula- 
tion progressed. (This perhaps is what Hero- 
dotus alludes to in ii. 36.) Some abaci, however, 
notably the Salaminian table (see Cantor, Vorles. 
i. pp. Ill, 112), have two sets of columns 
at opposite ends of the board. It is supposed 
by Cantor that these columns were used by two 
di£ferent pei*sons — a banker, for instance, and 
his customer; but it may also be suggested 
that the two sets are intended for the repre- 
sentation of two numbers in an addition or sub- 
traction. Multiplication was sometimes effected 
by repeated additiona. (cf. Lucian, *Zpfi6TitwSf 
48) ; but the process, even where the multiplier 
is low, is very cumbersome when the multipli- 
cand is high, and some sort of a multiplication 
table must early have been compiled. The 
fullest specimens of Greek arithmetic which we 
possess are a great number of multiplications 
set out by £utocius of Ascalon in his notes to 
Archimedes (Oc. Dimens^ Torelli's ed^ pp. 208 



76 



LOGISTICA 



LOGISTICA 



sqq.)* One of these, which is rendered in 
modern figures by Nesselmann (p. 118), and 
with some improvements by Friedlein (p. 76), 
may be here given. It is the more interesting 
foecanse it involves fractions. (The letter k 
is used here instead of the Greek sign for ^.) 
The modern figures are given at the side. 



;yiy k J* 


3013 i i 


,7<7 * y 


3013 i i 


M Mfi ,cul> ify. 


9000000, 39000, 1500, 760. 


y - - 

M pK € fik 


30000, 130, 5, 2J. 


fi \B ok ki^ 


9000, 39, li, i, J. 


/H^ *sk V ij' 


1500, 6i J, J. 


y^ yV V i^ 


750, 31, I, A. 


M fix^ it'. 


9082689 ^ 



(Cf. also Delambre, Astr. Anc. vol. ii. ch. 1.) 
The reader sees that the process begins by 
taking the highest multiple of 10 in the multi- 
plier and multiplying therewith all the digits 
of the multiplicand, beginning on the left. The 
second digit of the multiplier is then taken, and 
so on. The treatment of the fractions should 
be observed. Two other very interesting ex- 
amples, taken from Heron's Geometica (ed. 
Hultsch, pp. 81 and 110), are also given by 
Friedlein (p. 77). In the first of these the 
process involves the multiplication of J) by f^. 
The product is given in the form ^ . ^, reduced 
to J, + Si-^t and is there left. {koI ^^^9"^^' 
r&v ZiHi |«"|«" piCT'ir^r r&y {«"{«", yiyS- 
/nfyft jco) ravra i^tiKOffrorfraproy a' Kot |iS'|8"|8" 
r&y |8"48".) 

The nearest approach to modem multiplica- 
tion with Indian numerals is made by ApoUonius, 
according to the extracts preserved by Pappus 
in his 2nd Book above mentioned. ApoUonius 
recommends that with all multiples of 10 the 
co-efiicients alone {nvOfityts) should be multi- 
plied first, and the tens or powers of ten 
multiplied afterwards. But this method, as 
we have said, does not seem to have been accom- 
panied by a new symbolism, and is strictly con- 
£ned to multiples of 10, with no added units. It 
was accompanied by a new nomenclature, similar 
to that of Archimedes, ticcoi-ding to which 
numbers from 1-9999 belonged to the first 
group O^vpiiiScr airAcu), 10,000-9999,9999 to 
the second group (jivpidBts 8x«-Xeu), and so on, 
so that a certain simplicity of description was 
gained ; e.g. 1,0001,0001 would be described as a 
of the third group H- a of the second -f- a of 
the first (cf. Nesselm. p. 127, and Papp. ii. 27). 
But the invention seems, like that of Archi- 
medes, to have been sportive chiefly, and is 
certainly illustrated only by the multiplication 
of the numbers symbolised by all the letters in 
the two lines — 

'Aprcf&tjoc Kkelrt icpaTOf i^oxv^* imfia Kovpoi 

and 

Eutocius, however (ad Arch. Circ. Dim. loc clt.), 
speaks of the &KUT6Ku>y of ApoUonius (MSS. 
wan6$Qoy: the emendation was originally 



Halley's) as a great aid to multiplication. This 
was possibly a '* ready reckoner," or table of 
calculated products. It is difficult to see how, 
as Cantor suggests (Vorles, pp. 298, 387>» it 
can have been connected with the new cl*saifi- 
cation of numbers described by Pappus (cf. 
Nesselmann, pp. 126-135). 

No example of the division of wnole niunbers 
occurs with the working-out in any Greek 
author. It is obvious, however, from the ex- 
pressions used and the mode in which remainders 
are stated, that the practice was to take a 
multiple of the divisor and subtract it from the 
dividend; then take another multiple of the 
divisor and subtract it from the first remainder, 
and so on until the last remainder was less than 
the divisor. The series of quotients was then 
added together, and the fractional remainder, 
if any, was separated into a series of **snb- 
multiples" or fractions with unity for name> 
rator. Thus Heron {Geom. ed. Hultsch, p. 56), 
dividing 25 by 13, sets out the quotient a^ 
1 + i + J + A + A- No name for *' quotient " 
is found. The customary Greek expression for 
the result of a division was that the divisor*^ 
part of the dividend was so and so (Friedlein. 
p. 79). The theory of the extraction of sqnan* 
roots is exhibited geometrically by Theon in his 
commentary to the first book of the Almagest 
(ed. Halroa, 1821: vide also Cantor, Varies. 
p. 420; Nesselmann, pp. 108-110; Friedlein, 
p. 84). The practice, however, as has been 
said above under the article Arithmetic A {q. r.). 
was probably rough and empirical. The theorj 
of finding a G. C. M. or a L. C. M. is exhibited 
in Euclid, vii. 2, 3, and 36, 38. Compound 
divisions, in which the divisor and dividend 
contain degrees, minutes and seconds, are given 
by Theon in his commentary to Ptolemy before 
mentioned. (Nesselmann, pp. 142-144.) The 
following example is selected by Friedlein 
(p. 83) :— 1515° 20' 15" is to be divided by 25<^ 
12' 10". The first quotient 60 is found by 
trial. Then 60 -250= 1500°. 1515® - 1500^ = 
15° = 900' : 900' -f- 20* = 920' : 60 • 12* = 
720': 920' - 720' = 200': 60«10* = 10'. 
200' 15" - 10* = 190' 15". The next quotient 
is 7'. Then 25o-7' = 175', 190' - 175' = 
15' = 900" : 900" + 15" = 915" : 12'-7' = 
84". 915" - 84" = 831" : 10" -7' = 70'" = 
1" 10"': 831" -1" 10'" =829" 50"'. The 
last quotient 33" is a little too high, but is 
adopted by Theon as near enough for his 
purpose. The mode of multiplication and anb- 
traction need not be further exhibited. The 
final quotient is 60° 7' 33". 

No method of extracting cube-roots is men- 
tioned in any Greek writer, and such an 
operation would, in any case, belong more to 
apiBfirjrtKii than to \oyi<rruHi, 

(b.) Roman, — Of the methods of calculation 
in use among the Komans even less is known 
than the little which is discoverable of Greek 
logistic. What is certain is that the Roman 
abacus was adapted to higher needs than the 
Greek, and that it was used in very complicated 
calculations (cf. Columella, de He Must. iii. 
p. 115; Friedlein, ZoMz, pp. 88-90, and plate 
21 shows the use of the abacus above described 
for various purposes of elementary calculation). 
The Calculus of Victorius, written in the 5th 
century of our era, is a ready-reckoner of sums, 



LOGOGBAPHI 

isStnuceSf products, quotients, and rednctiona 
«f extnordxnary fulness («. Friedlein, pp. 93 sqq.^ 
tad Appendix). The existence of such a book, 
vhieh proTides answers to questions of great 
simplidtj as well as to the more difficult, 
teeaa to show that the Romans were not more 
»iept at arithmetic than the Greeks. The 
j'ltt^vs of Roman writers which refer in- 
HJAtallj to calculations, deal almost entirely 
%ith fractions. We maj guess from Horace 
(i. P. 327-330) how long a time was spent in 
Khools in learning by heart the divisions of the 
6.% sad the difierences between them. • We may 
either from Piinj (fT. N, tI. § 38) how inexact 
the treatment of fractions was, and yet how 
'iOQcalt were the problems attempted. This 
Utter passage is rery neatly explained by 
Friedlein (p. 90), whose note may be here giren. 
Lvope, says Pliny, is rather less than IJ of 
A U and 2| of Africa. It follows that C' si 
miscmotur omnes snmmae") Europe is rather 
m>Te than } + i. Asia \+jk (reading texta 
dfdma for quarta decima% Arrica 4 4- i^ of the 
vbole earth. If T be the earth, E Europe, As 
Asia, and Af Africa, then T= E+ As-h Af. 
Ai = lE, Af^f^E: therefore r= (1 + | 

TA)^ = (| + ft)/2^=8J^. Therefore JF = 

f!''=JH=ff3 + *j = aln>«t J + l,&c. It 

viU be observed that the mode of treating the 

fractions is exactly similar to the Greek. The 

treatment of divisions of the as and other 

ia<3oetary fractions is, of course, far simpler, 

l-^cause here both numerators and denominators 

m strictly limited, and the terms themselves 

'Qggcst by their definition the mode of calcu- 

Utiag with them. Similarly any English boy, 

:s dealing with pounds, shillings, and pence, 

s^B perceives that the admissible fractions of 

& poosd are limited to ){ or }^ of a shilling to 

^ The methods of arithmetic in use in the 

Komaa empire from the time of Boethius to 

thst of Planodes are exhaustively discussed by 

Friedlein in the work Zahizeichen, etc. der 

Orie^eu und Bdmer und des Christlichen Abend' 

^as^ mm 7. bis 13. Jahrhunderi, of which 

frequent use has been made in this article. 

fiot these methods cannot be said to belong to 

dttsical antiquity ; and, if they did, they could 

i»>t be conveniently summarised in this place. 

We have attempted here no more than to give 

rach facts with regard to Greek and Roman 

uithmetic as are of importance to the inter- 

pvvtstion of the authors most generally read, 

to the criticism of inscriptions, or to a due 

cQBception of ancient life and manners. [J. G.] 

UXKrOBAPHI iXayoyfdpoO ii a name 

applied by the Greeks to two distinct claases of 

pcnoas. 

1. To the earlier Greek historians previous to 

Eerodotus, though Thucydides (i. 21) applies the 

Baoe logographer to all historians previous to 

^^«otA(, and thns includes Herodotus among 

tbe Bmnber. The lonians were the first of the 

p'Kb who cultivated history; and the first 

jfgosrapher, who lived about Olymp. 60, was 

^^^U) a native of Miletus, who wrote a history 

^ the foundation of his native city. The charac- 

*«nstie feature of ail the logographcrs previous 

^ Herodotus is, that they seem to have aimed 

■ore at amusing ttieir hearers or readers than 

l^haparting accurate historical knowledge. 

^ wrote in the unperiodic style called k4^ts 



LOBICA 



77 



9ipoft4vri. They described in prose the mytho- 
logical subjects and traditions which had pre- 
viously been treated of by the epic and especially 
by the cyclic poets. The omissions in the nar- 
ratives of their predecessors were probably filled 
up by traditions derived from other quarters, in 
order to produce, at least in form, a connected 
hbtory. In many cases they were mere col- 
lections of local and genealogical traditions. 
(Thirlwall, Hist, of Cheece, ii. p. 127, &c. ; 
Muller, HisL of Greek Lit. i. p. 206, &c. ; Wachs- 
muth, Hellen. Alterth. ii. 2, p. 443; Curtius, 
Hist, of Greece, translated by Ward, ii. p. 499.) 

2. To persons who wrote judicial speeches or 
pleadings and sold them to those who were in 
want of them. These persons were called Xo- 
Toiroiol as well as Koyoypd/^i. Antiphon, the 
orator, was the fir&t who practised this art at 
Athens, towards the close of the Peloponne- 
sian war (Plut. Vit. Dec. Orat. p. 832 ; Aristot. 
Bhet. i. 33). After this time the custom of 
making and selling speeches became very gene- 
ral; and though the persons who practised it 
were not very highly thought of and regarded 
as pedants (Demosth. de Fals. Leg. pp. 417, 420, 
where see Shilleto's note ; Plat. Phaedr. p. 257 C; 
Anaxim. Rhet. xzxvi. 22 and 24 ; compare Plat. 
Euthydem. p. 272 A, 289 D, 305 A), yet we find 
that orators of great. merit did not scruple to- 
write speeches of various kinds for other persons. 
Thus Lysios wrote for others numerous X^yovr 
cit 8(«ca<rr^pid re KaX fiovK^s Koi irpos iiacKriirias 
tbO^TovSf and besides waynyvpuco6sf iptrnKois^ 
and hriTroXiKois. (Dionys. Hal. Lys. i. 3; 
compare Att. Proc. p. 707=919 Lipsius; JebbV 
Aitic Orators, i. 3.) [L S.] 

LOIDd'BIAS DIK^ {XotJ^pUa Zlien), 
[Kakegobias DiKi.] 

LONGHfi (xhxn)' [Hasta.] 

LOPHOS (Xrf^f). [GALEA.J 

LORA'RIL [Flaqrum.] 

LORI'CA (e£pa^ a cnirass. The epithet 
XxvoBdpri^ applied to two light-armed warriors 
in the Iliad (ii. 529, 830), although it occurs in 
the comparatively late catalogue of the Ships, 
indicates the early use of the linen cuirass. 'But 
with the exception of the passages quoted, all 
allusions to the cuirass in Homer imply a defence 
of rigid metal; for it is certainly wrong to 
suppose that the orpcirr^s x'^^^ ^^ ^^^ I^i<^ 
(v. 113, xxi. 31) is a hauberk of twisted mail, 
or that x^'^^X^'f'f^f' >> more than a poetical 
epithet. The Homeric cuirass was usually of 
bronze (but cf. 77. xi. 19-28; xxiii. 561). As 
regards the parts of the body protected, it 
covered the ycurripa fiitrfrnv (II. xiii. 371, 397, 
506), but there is no proof that it reached lower 
than this. It consisted of the two y6aXa, viz. 
the breastplate {pectorale\ which covered the 
breast and abdomen, and the corresponding plate 
which covered the back (Pans. x. 26, 2 ; //. v. 
99, XV. 530). In Homeric times the y6a\a 
cannot have been made to fit very closely to the 
body, for a warrior might have his cuirass 
pierced and yet escape unwounded (77. iii. 360 ; 
vii. 254). The Homeric body-armour consisted 
of the 0(6pa(, (uMrriip, C^fia, and fdrpii. There is 
some uncertainty as to the respective functions 
of these different pieces. It seems probable that 
the annexed woodcut of a bronze statuette of a 
Greek warrior found at Dodona {Arch. ZeiL 
1882, pi. 1) shows the form of the thorax. It 




fjrpu (iJ. IT, 132, 185). Probably the fewrJrp 
m> I girdle ronnd the lower part of the tboni, 
helpiDg to keep the two yi^a^a together, and 
itself kept in poiitioa by the projecting rim * 
the bottom of the thorax, which was the (A, 
It ie plain from  conipirisoa of H. W. 136 ud 
187 that the (iiia nia  part of the therai. 
The liiifti wai perhaps a metal band, protecting 
the lower pari of the abdomen, iU upper edges 
IviBg beneath the jirojecting rim of the thorai. 
Such bands hare l.«n fonnd in Tfrj early tomb. 
in £Qi>oeiL and Italy (Helbig, Dai ffomerische 
Epol aiu dtm DenimSlem tridutert, p. 199, 
fig. 67). Specimen* are in the British Museum. 
(On the whole question of Homeric body- 
■nnouT, see Helbig, toe. cit. p. 197; W. Leaf, 
Jaum, of Hillert. Studies, iv. p. 73 ; and Leafs 
Eomir, II. ir. 137), A temariiable fragment of 
It thorax, apparently of the early for 
incised designs of . . - . 



figurei 



and 



CormpotuJanca liellfiti'iut, 



patterns {Ball. 
vii pll.i.-iii.). 

In hiatDTical times the ligid thorax (8^h{ 
ariiiet or mairit, so cdlled because, when 
placed upon the ground on ils lower edge, it 
stood erect) was deTcloped as follows. Th< 
projecting rim at the bottom of the thoiai 
diiapptRied. The lower part was prolonged in 
the middle to protect the .ibdomen. (For an 
early example of auch a prolong;ition, sec 
Froehner, Choix de Vaaa Greca, pi. iii. See 
nlso below the woodcut of a Roman emperor.) 
Round the lower edges of the ' 
flaps was attached, consisting 
covered with metal, and serving tn protect the 
hips and groin, while not interfering with the 
wearer's freedom of movement. They nre well 
shown in the following woodcut of & tigure 
of a young warrior from one of Mr. Hope's 
fictile vases (Ouhmes of thi An^ifti. i. lOa). 

Instead of the straps here described, which 
the Greeks called rrlpuys (Xen. de Re Equeal. 
xil. 4), tbo Chalybes, who wen eDCOunt«i«d 




Lorlca u nom by a Greek warrior. (Fiom a vur.1 
Api>endages of a similar kind were sometime' 
fastened by hinges to the lorica at the rigbi 
shoulder, for the pnrpose of protecting the 
pari of the body which was exposed by lifting 
up the aim in throwing the spear or u^ing 
' (Xen. de Re Eqaeal. lii. 6.) Other 






the 



13, thus 
n FergaT, 



, Atlas, f\- 



sleeves (cf. Ait. 
ilvii. fig. 2). 

The yiiAa were modelled so as to fit sc- 
onrately to the form of the body, as may i* 
seen in the represent-ntions of them in the 
woodcuU at Vol. I. pp. 189, 284. It appeirs 
(Xen. Memorabilia, iii. 10) that great pains sere 
Wken to secure that the thorai should fit ll>' 
individual wearer. The two plates were uniteJ 
on the right side of the body by two hingM. m 
seen in the equestrian sUtue of the yonnger 
Balbus at Maples, and in various poriions ol 
bronze cuinsses still in existence. On the elhrr 
side, and sometimes on both sides, they >verc 
fastened by means of buckles Owtpirm, ^'•^ 
I. c). [f.ntjLA.]  " - -'^" 



hand i 



g the 



The breast-pUte and the back-plale 
8 further connected together by leathern 
ps pauing over the shoulders, g>nd faat(nF<| 
rent by means of buttons or of ribands W^ 
woodcut both of f" 






I tied t 



Mvel. The hreast-plate of Caligula (see "o»i; 
cot below) has a ring over each breast, di^gi"^ 
to fallil the same pi^rpoae. 

Bands nf metflf often supplied the place "I 
the leathern straps, or else covered them so s< 
to become very OTnamental, being tenninited ii! 
a lion's bead, or some other soitabl* Ggare »f 



LOBICA 

wazins <n each side of the breast. The most 
Mattifoi spectmeiis of enriched bronze shoulder- 
haads bov in existence are those which are re- 
p rted to hare been found A.D. 1820, near the 
rrer Siris in & Italj, and which are preserred 
J t^ British Moseom. Thej were originally 
:K and represent in Terj salient relief two 
hnti. heroes combating two Amazons. They 
jv MTU inches in length, and belong to the 
.--<cTiption of bronzes called Ip^a <r^vf»4\ara, 
'irin^ been beaten into form with wonderful 
mil bj the hammer. Brttndsted {Brcnzes of 
\ns London, 1836) has illustrated th^ purpose 
vLich they serred, by showing them in con- 
i-xkic with a portion of another lorica, which 
.1; upon the shoulders behind the neck. This 
riKxcnt was found in Greece. Its hinges are 
»i:&iently preserved to show most distinctly 
'It manner in which the shoulder-bands were 
ia^euti to them (see woodcut). 



LOBIOA 



79 




Lortca. (British Mnsemn.) 

The form and appearance of the thorax as 
v-ni br Roman generals and emperon is shown 
a the annexed woodcut, which is taken from a 

marble statue 
of Caligula 
n - ,11 1, ,^ found at Gabii 

l/\\ B??^ (Visconti, 

Men. Oab. No. 

1 \ ..-^zmJMU^ 38). Thegor- 

gon's head 
orer the 

Lreast, and 
the two grif- 
fins under- 
neath it, il- 
lustrate the 
style of orna- 
ment which 
was common 
in the same 
circumstances 
(Mart. TiL 1, 
l-4w A clas- 
sified table of 
the designs 
that occur on 
imperial cui- 
rasses u given 
by Wntby 

^« worn by a Roman emperor. {?^!^ jf 
^SuiBtorcuipilatandataSMl.) ^^len, Sht- 

^'V- [kmnA The execution of these oma- 
~«JU in relief was more especially the work 
• ^ Corinthians (Cic Verr. ir. 44> 132). 




Of Grecian cuirasses the Attic were accounted 
the best and most beautiful (Aelian, V. H. iii. 
24). The cuirass was worn by the heavy-armed 
infantry and by the horsemen, except that 
Alexander the Great is reported to have given 
to the less brave of his soldiers breast-plates 
only, in order that the defenceless state of their 
backs might diminish their propensity to flight 
(Polyaen. iv. 3, 13> These were called half- 
cuirasses (^|u0wp«Uia). 

The rigid cuirasses which have now been 
described were sometimes found to be very 
oppressive and cumbersome (cf. Tac. Ann, i. 64), 
and various forms of flexible cuirasses were 
devised, which could adapt themselves better to 
the movements of the body. 

In Homer {pide supra) the only indication of 
a flexible cuirass is contained in the epithet 
\ufo9d»pifll applied to two light-armed warriors^ 
the Locrian Ajax and the Mysian Amphios. 

In later times the linen cuirass continued to 
be worn, principally amongst the Oriental 
nations, especially the Persians (Xen. Cyrop, vi. 
4, §2; Piut. Alex. p. 1254, ed. Steph.]^ the 
Egyptians (Herod, ii. 182, iii. 47,— description 
of the famous linen cuirasses of Amasis), the 
Phoenicians (Pans. vL 19, § 4X tnd the Chalybes 
(Xen. Anab. iv. 7, §,1^. One of the inventories 
of the Parthenon contains the (conjectural ly 
restored) entry of thirteen ewptucts Kit^oT koI 
^AiSon-o/ (C. /. A. ii. 731, 1. 25). Iphicrates 
endeavoured to restore the use of it among the 
Greeks (Nepos, Ip/iicr. i. 4), and it was occasion- 
ally adopted by the Romans, though considered 
a much less effectual defence than a cuirass of 
metal (Sueton. Gaiba, 19 ; Arrian, Tact. p. 14, 
ed. Blancardi). 

A much stronger material for cuirasses was 
horn, which was applied to this use more 
especially by the Sarmatae and Quadi, being 
cut into small pieces, which were planed and 
polished and fastened, like feathers, upon linen 
shirts (Amm. Marcell. xvii. 12, ed. Wagner). 
Hoofs were employed for the same purpose. 
Pausanias (i. 21, § 8) having made mention of a 
thorax preserved in the temple of Aesculapius 
at Athens, gives the following account of the 
Sarmatians : Having vast herds of hones, which 
they sometimes kill for food or for sacrifice, 
they collect their hoofs, cleanse and divide 
them, and shape them like the scales (^xfScs) 
of a serpent, or the petals of a fir-ctme. They 
then bore holes in the scales and sew them to- 
gether, so as to produce a cuirass, inferior 
neither in elegance nor in strength to those of 
Greek workmanship. This author adds that the 
loHcae made of these homy scales are superior 
to linen cuirasses, which are useful to hunters, 
as a protection against the bites of wild beasts, 
but are not adapted for fighting. The woodcut 
on page 80, taken from Meyrick's Critical Inquiry 
into Ancient Armour (plate iii.), exhibits an 
Asiatic cuirass exactly corresponding to this 
description. It consists of slices of some animars 
hoof, which are stitched together, overlapping 
each other in pf rpendicular rows, without being 
fastened to any under-garment. The projection 
nearest the middle must be supposed to have 
been worn over the breast, and the other over 
the back, so as to leave two vacant spaces for 
the arms. 

This invention no doubt preceded the metallic 



80 LOBICA LOBIOA 

■cal« mnonr. The Rhoialani, a Iribc allied to I ii a Bpccimen in the N«w Mumiii at Oxford <n| 
the Sannatiau, defended thenuelTu by wearing | thii ■TmoBT ia broiue, from Kertch. The bajidl 




, (Meyikk.) 
a dren coniiating of ChiD pUtea of iron and hard 
leather (Tac HM. i. 79). The Peni»n» wore a 
tonic of the tame defcription, the scitei being 
Bometimes of gold (Herod, vii. 61 ; eipvm 
Xfiatov KfuXirir, ii. 22); but the; were 
commonlf of bionze (Ikoraca indatut afnit 
squamii, Verg. Am. li. 4ST). Tbe bnais of the 



MroDg linen to which the metallic kkIcs, or 
"feathei*," aa they are alao called, were sewed 
(Verg. Am. iL 770; Serr. in loc.; Juatin, 
i\L 2, 10). 

The N'ew Mmeiim at Oiford contiini a 
remarkable apecimen ftmn Kertch of a pi»ce or 
B 6ipai X(TiJiiT()i : the icalea of bionie are 
futened bv leather thonga to a lining of hide. 
(See woodcnt from Jovm. a/ Hellcn. Studia, 
pL irlL Gg. 3.) 




Mpit ;unSM^. (From KertiA,) 
An anned horaeman, on the frieie of the weat 
aide of the Parthenon, wean an inleretting 
combination of a 9ifa( rr^iai and AiTiBtn-di. 
On the bnaat and an the back are metal platet 
(handaomelj ornamented), which are joined 
together it the aides by icale armenr. 

The epithet XtviHttriff, as applied to a thorai, 
ii oppoied to the epithet <pa\iSirr6i (Arrian, 
Tact. p. 13, U). The former denotes a aimiti- 
toda to the icatei of tiih (ImrlUt), the latl«r to 
the acales of aerpenti (^a\tSft). The reaem- 
hlnnce to the scales of serpents, which are long 
and narrow, ia exhibited on the tbonldera of the 
Roman soldier in the woodcnt at Vol. I. p. 190. 
These scales were imitated by long Deiible 
banda of metal, made to fold one over another 
according to the contraction of the bodj. There 



1.;^ nMan and AentwrJt, umMotd. (Frau Use 

Paithenoo.} 

are riretcd together by bnmie wirr, aoil 
fastened upon a lining of tmigh hide, which a 
stilt in a wonderfiilly good state of preaervat iob. 
(Joam. of HtUen. Sttidia, pi. iIti. fig. 1 : cf- 
Compte-rindu <Jt la CcniiR. fmp. Ar^ 187ti, 
pt. ii, figs. 11, le, 20.) They appear very 
frequently on the Roman monuments or the 
times of the emperora, and the following wood- 
cot place) in immediate contrast a Otipti( 
Xsrilwrii on the right and ^oXiStrrbi od the 
left, both taken ttm BaitoU'a Jntt ZWmb>- 




A lighter and more inexpanaiTC thorax of 

leather without metal additions was lotroducrd 
at an early period (cf. e.g. the archera on the 
pediments of the temple at ArginaX '"^ ■">■ 
known aa the ffra\dt (Poll. lii. 70). 

The hauberk or habergeon of chain-mail 
(iAvffitwTobi eipaas, Polyb. ti. 31 ; Athen. 
T. 22; Arrian, /. c), which was worn by the 
Roman hastati. was alao a characteristic weapea 
of the Qaula (Varro, L. L. v. 116; PoMldonioi 
ap. Diod. V. 30). Fjamples occur on the relief* 
of Oaoliih trophies from the temple of Athena 
Polias at Pergamon (_Alt. xm ." " 



LOBICA, LOBICATIO 

itbs, pL iJir. fig. 1, pi. xlri. fig. 2, pi. zliz. 
6{. 4 = woodcvtj^ The curass of chain-mail 



LUCEBKA 



81 




^ (Teapla of Attma PbllM at 
yBigainoiL) 

ippctn to bare been ntarl j the same shape as 

^ of horn, eDgrared abore. The two sides 

iRJ^ioed^aad the projecting pieces are brought 

Ne oTcr each shoolder, and are fastened by the 

Wr apoQ the breast. The whole is made of 

tUfk viie twisted in an elaborate pattern. 

Vir^ KTeial times mentions hauberks in which 

Ok liags, linked or hooked into one another, 

VCT8 of ffold C'loricam consertam hamis, 

tsnqiM triliccm," Verg. Am. iii. 467 ; t. 259 ; 

TIL 639). According to Yal. Flaccos (Argon, yi. 

23i), the Sannatae corered both themselves and 

tiKix hones with chain-mail. [J. 7.] [A. H. S.] 

LORI'CA, LORIGA'TIO, in archiUctnre. 

piraps ; TicioiuuM Opub.Y 

U)UTBON(\mrrp^>. [Balneas.] 

iUCAR was the money paid from the state 

tRmr to those who presided oyer the Indi 

fotid, as the state contribution towards the ex- 

ptKts(ThTcAo^yi«yer c<s B4asy Pint. Q. JR, 88). 

^ wns Qrigiaally to have been the money 

^•nrei from /«cs or aacred grores (Fest. s. ty. 

^aad feoKMMi; Pint. /. c); but, being paid 

£to the public treasury and devoted to the ez- 

F^ of the ludi, it bears regularly this acquired 

^^*mu of money devoted to payment of actors 

«f<odally and other ezpenses ot the games. In 

It . Am, i. 77, it is stated that decrees were 

^>^onder Tiberius to zemove certain abuses 

r.Utiag to theatrical shows, and among them to 

i cH the payments from the treasury (*' de modo 

^vrs'); with which corresponds Suet. Tib. 34, 

*" Uiorun ac munemm impensas arripuit mer- 

<«^1»Qi weaicorum redsis.^ The holder of the 

P^ (tjg. the praetor. Pint. Brut. 21 ; Juv. 

v.. 379) ptid the meriedm to actors and the 

'tft«r opones which were Incurred ; but towards 

^ke received the heat from the sUte. As a 

^ »f liberality he might forego this aid. 

1^ m the ivcription Qrell. 3882 a certain 

AviBi Lopodanus "in ludos cum aoeepisset 

Miice lacari misso de suo erogationem fecit." 

Aetordiag to a regulation of Servius Tollius at 

^^ ^ctth (partly with the object of securing 

* ?<{»Ur of deaths), a piece of money had to be 

r^MQtcd to the goddess Libitina (Dionys. iv. 

'This money was called Ivoar LMtmae 

'"^^ 3H9). tfence in Horace, Sat. u. 5, 1», 

JRimi ii caUed " Libitinae quaestus : '* so in 

'^^•^^'Z^, **pestilentia unius autumn! quo 

^gau fottcrnm roilJia m rationem LUntinae 

'**^" (Preller, Sdm. Myth. 387; Mar- 



quardt, Staatsceno. iii. 488 ; Mommsen, Stoats- 
reeht, ii. 61.) [LuDi, p. 87.1 [G. £. M.] 

LU'CERES. [PATWcnTl 

LUCERNA (Mxvosyt an oil lamp. The Greeks 
and Romans originally used candles ; but in later 
times candles were chiefly confined to the houses 
of the lower clashes. [Camdela.] A great 
number of ancient lamps has come down to us ; 
the greater part of which are made of terra-cotta 
(rpox^Aorot, Aristoph. Eod. 1), but also a con- 
siderable number of bronze. Most of the lamps 
are of an oval form, and flat upon the top, on 
which there are frequently figures in relief. (See 
the woodcatSi Vol. I. pp. 211, 619.) In the lamps 
there aze one or more round holes according to the 
number of wicks (ellycknU) burnt in it ; and as 
these holes were called from an obvious analogy, 
tuMcriipts or /i^atf litermlly nostrils or nozzles, 
the lamp waa also called McnomyxoSj Dhnysos or 
hiiychniSf X\rimyxo9f or Folymyxos^ according as 
it contained one, two, three, or a greater number 
of nozzles or holes for the wicks ; and there is 
besides the central hole for pouring in the oil, 
usually covered with a lid. The following 
ezample of a dimyxoa luoema^ upon which there 
is a winged boy with a goose, is taken from the 
Jfiiseo BorbotnioOf yoL iv. pL 14i 




Luoeroa. (iftet. 50r%. iv. pi. 14.) 

For the polymyzos cf. Mart. ziv. 41 : 

** niustrem cum tota mils convlvia flsmmis, 
Totque gersm myzas, una lucenia vocor ; ** 

and see the woodcut Vol. I. p. 331. 

The nezt woodcut, taken from the same work 
(vol. i. pi. 10), represents one of the most beautiful 
bronze lamps which has yet been found. Upon it 
is the figure of a standing Silenus. 




Lucema. (JAm. Barb. L pi. 10.) 

The lamps sometimes hung in chains from the 
ceiling of the room (Verg. Aen. i. 726 ; Petron. 
30 ; Stat Thtb. i. 521), but generally stood upon 

a 



LUCTA, LUOTATIO 



LtrCTA, MIOTATIO 




Sorion. *ol. vii.pl, 15), 
vhichoUo eihlEiUthe 
nee<Uc or iTutTument 
whicb wrrtd to trim 
the wiclt, uid. is at- 
t&ch*d Ui the Sgan 

(Comp. Veig. Morci. 
11, "£t prgdacit OCa 
itupu himiore caroa- 
tet.") 

Wa nad of hmtmae 
aibicabtrea, balnearet, 
iriclmiarei, aepalnrala, 

were only pven to the 
buDp* on ucoQiit of 
the pujpoKS to vrhich 
they were applied, uid 



. bed- 



night. 



ebaniben 
(M«rt. Ill 

Perfumed oil wms »nietiiiiei burnt iu the lampi 
(Petron. TO ; Mart. i. 38, 9). The lepulchrol 
lamp! nere not merel; placed and htt, but were 
lighted u  pioui duty. So iu the folloirlDg 
condition of freedom : " Saceui Mrms meus et 
bntjchia luiciUi mea sab hic coaditione liberi 
iDUto, ut monumento meo nltemii meniibot 
lucernam acccadont et solemaia iDortiB pera- 
gant " (Dig. 40, 4, 44). 

(PuuTi, Lveemae fietSti; Birch, Andeat 
Pottery, ii. 277 ; Marquardt, FritaO^xn, 645 ; 
BeckeivOclll, Chariklts, iii. 86 ; Galliu, ii. 390.) 

rw. S.] [G. E. M.] 
tUCTA, LUOTATIO (mUii. riXaia^a, 
ToAuv^uiruni, or na^uXixiii, wreatiiug. The 
nord TiAi) ia sometimes used in a wider sense, 
embracing all grmnaitic eiercisu with the 
eiception of dancing, whence the scliooU cf the 
athletae were called palatltrae ; that is, 
in which the toAi) in its widest aenae was 
taught (Phit. Legg. rii. p. 795). [Pi 



Th>^ 



any pas: 



:ieiit V 



in which riXij and TaAafeir , 
any particular species of athletic games besides 
wrestling, or a combination of several games. 
(See Kranse, QgniiuutiA und Agimittik, p. 400, 
note 2.) 

The Greeks aacribed the invention ofwreitling 
to mythical personages, sncb as PaUestra, thi 
daughter of Hermes (Apollod. ii. 4, §9), AaUeu! 
and Cercyon (Plat. Legg. vii, p, 796), Phorbas 
of Athens, or Tbneus (Schol. ad Pind. Sem. T. 
49). Hermes, the god of alt gymnastic exercises, 
also presided orer the iri\ii. Theseus is said by 
Pansanias (i. 39, g 3) to hare been the first whi 
reduced the game of wrestling to certain rules 
■nd to have Uius raised it to the rank of an art 
whereas before his time it was a rude light, ii 
which bodiij use and strength alone decided the 
victory. The most celebrated wrestler in the 
heroic age wu Heracles. In the Homeric age 
wrestling was much practised, and a description 
of a wrestling match is given in the Iliad (iiiii. 
710, &c.; corner* Od. viii, 103, 126, 246). 
During this period wrestlers contended nakcdi 




(Ktsusc.) 

fSfu (il. xiiii. 683), and this custom i 
tfaroaghont Greece until 01. lb (= 7i 
from which time the pefiioma was no losl 
used, and wrestlers fought entirely nil 
(Thucyd. i. 6, with the Schol. and Boeckh'si 
to C. I. Q. i. p- 554. who shows that fran 
time of Oraippna (Pans. I. c), i.e. 720 n.a 
632, rnuDers put off the npf^afia, but ths 
was only a short time befbre the age of Tlioe 
dides that those who contendod in other dcjot 
menu of athletics put it off.) In the Homti 
age the custom of anointing the body fur tl 
purpose of wrestling does not appear (o I» 
been known, but in the time of Solon il < 

Juite general, and was said to have beea sdipt 
y the Cretjuis and Lacedaemooians at i " 
early period (Thocyd. (. c. ; Plat. * «e iW. 
p. 452). At the festival ofthe StheniainAri 
the liiKti WBi accompanied by flute-miBi 

[STHEHW.] 

The contest in wrestling was divided byll 
ancients into two parts, vis. the rdAn i^ ' 
IpSfa iiiAoirrittir nAnleu') ; that ii, the fig 
of the athletae as long as they stood aprif) 
and the ixMnirii or k^Xhtu [Ivcia niatnliri 
in which the athletae stmggled with eodi olh 
while lying on the grouni Unless thsj » 
trived to rise again, the iiXlrSiiait wa! tbf Is 
stage of the contest, which continued ontil m 
of them acknowledged himself to be cociiurn 
{inyoptiiir, icwtntW). The nUq JfA 'FF^ 
to have been the only one which was fo'ij'" 
the times of Homer, at well as aftenraidi in il 
great national games of tlie Greeks ; and at H< 
as one athlete fell, the other allowed hio <» "; 
and continue the contest if he still felt ipdioj 
(Sense. Ep. 13, 2 ; Lucian, Lexiph. 5). BdI , 
the same athleU fell thrice, the riclorj •] 
decided, and be was not allowed to t'J 
(Senec. de Beatf. v, 3 ; Aeschyl. Bm. -'^ 
Aathoi. Or. vol. ii. p. 408, ed. Jacobs). A>'] 
winner of three &lls, the victor was ol" 
Tp,«T*p (Aesch. Ag. 1711 ; simiUrly "» "1 
is not conquerable ii irpliirTot (0ioeph. ''•'^ 
The iXJ>*iirii was only fought in later tiocl 
the smaller games, and especially in th" )'*! 
cratinm. The place where the wrwtlsrJ f^ 
tended was generally soft ground, sad w'' 
with sand (Xen. Anali. iv. 8, S 36 ; t"/'; 
, Anach. 2). Each of tlie vmrious tribes ef « 



LUCTA, LDCTATIO 

Grab MMB U bare ihairn it< pccnlln ani 
u(.juI cbaroeUr in the game of wrestling ii 
KJ>- puticoUr trick or ittBtagim, hj which i 
ULilbd the otben. 



LUCTA, LUCTATtO 



83 




. (Kruue.) 

Tim wen nrtain nile» for wrutling (Pl»t. 
Ui}, TiiL S33 E ; cf. Lueian, Dtmon. 49), e^. 
tkil itrikiBg wu not allowed, thongh pnahing 
«B (|nil( fair (Pint. i^pMioc. ii. 5 ; Ludan, 
_._. „, _ . ., ^ «-, gjjj within 



IK Ukf^ar (cf. Xen. Cy- "■ «> 32). Well- 
IniMd wrtftlen weis not latiiSed with merely 
tSmisf the deft«t of their adveruiy, but 
Lviyi itroTC to diipUf grace and elegance in 
ttdi ftrlinaaoaa (Cic Oral. 68, 228). Prior 
I- the nmteat eacb combatant nied to anoint 
til other, and mb him orer with fine dn(t or 
«»l (Or. Ma. ir. 35 ; Lueian, AnacH. I). The 
•i! ■«> Diefal to make the wreitlen more 
InikW and agile (tirarArtpa, ■». 24), and the 
ka to allow the aJreiMrr to get a grip, besides 
kis; adTantagvoM to the nreitler himieir ic 
tU it pnreoted him Tram penpiring too 
ifuelf and from utching cold, as one ia likely 
U 4< if cinaed to the wind with one'i pores 
om. lad alio In that it enabled the dirt to be 
imt taailf lenped off after the contest wu 
■'»r(A29), There are a great many technical 
trai ^>pbed to diSerent kinds of wrestling 
<Hl ai. 1S5). which are aet forth b; Krauae 
f'-nrnta laul Agoniita der Heltam, i. 400- 
4^,i!h in kit art. Gymnialioa, §Tiii. in Panly'i 
f-flmj^opaiit, iii. 1006-1009) and Grasbergei 
Owtaa; (Hi UnttrricU, i. 331-373), gnch 



Ilia conaiated in one of 
i" wmtlera, if he had rery powerful hands, 
■«^>f the fingers of the other, and sometimes 
^ntlin; then, thns compelling his adversary 
" SIT, ttp (Artemid. Onor. i. 80 ; cf. Aristot. 
£a,.V, iii. 1, 17), One athlete, Soatrataa of 
^m, (rsni hia incceai in this, was called 
•^Vftrrit (Faoa. vi. 4, 1). This featore, 
'^rnt, u well ai breaking the toes (Pans. 
y- M. 2), belongs mostly to the Pancratinm 
.fisrUTltw]. 

'■ V^mv «r Sfi^nattt — a word for gnup- 
■*■ setting the "gHp" iKafiii, I/ifu). The 
'"-"•ty mtthod appears to hare b«en thia ; — 
"*• »iistleia naed to approach one another with 
Yyi ud eit«nded arma, and Uke np a 
™^I»rtoB of attack with the right leg 
. ""Oeail ud the upper part of the body drawn 
II^Tlttt kick. Then each adTsnced hia left 
"( ttl they w*R close together (cum pafs pes 



jmctu. Or. Ma. ii. 45, a (Huitlon 'called by 
Plutarch, I. c, irtatairij or wapiBtira), arched 
his neck and ehoulders, contracted ((f^j«i4<rai) 
his body as much as possible, and thus standing 
each tried to get his grip (Heliod. AelA. i, 31 ; 
Or. Met. is. 33 ff. ; SUt. TAeb. Ti. 850 ff. See 
also cut in Gnhl andEoner,p. 267). The efforts 
to get the grip are tirtdly described by Statins 
in bii account of the wrestling match between 
Agylleus and Tydeos (ib. 860): "Et jam 
altema msnns frontemqne hnmerosqae latusque 
Collaque pectoraque et riuntia crura lacesiit 
Interdumqaa 




knocked their heads together imrapdTTvr -ri 
utrma, Lncian, Anach. 1 ; " ct frontem fronte 
premebaoi,'' Oy. Met, ix. 45), Cf. illnstration 
So. I.S89 in Banmeister'a DnJanthr: but anch 
"butting" was only incidental, and not, as 
Guhl and Koner say, a regular featnre of the 
wreatling. Freqaentlir both wrestlers took 
"body-grips" (twAo^ifl^ii'), aa in the wreat- 
ling-match intheiiiW,ixiii. 711. In that case, 
if one fell, the other did too, he who was upper- 
most being considered the victor in that fall. 
This ia the meaning of rirrn i' iir^at,it oit' 
jirl rir^ in Aesch. Svppl. 90. We have seraral 
illnatrationa ofwreatleri grasping Joit above the 
waist, so aa, either h; eitreme preasure or by 
dragging hia adTeraary aboat, to farce him to 
anrrender (Krauae in Panly, p. IOCS); or aome- 
times an arm and a shoulder are gruped. 

3. jtyxetv, invrfffU', 
choking. This waa done ,^j 

either by throwing both ^ 

arms round the neck, 
generally from behind 
(Theocr. iiv. 268 ; Pbil- 
ostr. Imag. i. 6, p. 384, 
Kayser) or by a very tight 
pressure in the middle of 
the body, aa Hercules 
strangled Antaeaa (ipi- 

•upw Snnartr 'HpcucA^i 

lAda'ui inrim-tirt, Schol. 

to put. Ltgg. 796 A; ' 

Stat. 27i»*. Ti. 897), or VnM^-iyymr. (Her- 

by the elbow pressed up ^^ ^'""■> 

under the cbin (Lncian, 

Anach, 1), a method cf strangling which is 

perhaps meant by iryKariitit. 

t. \iiyi(tir is a general term for the bending 
and twisting which ia aeen in all wrestling: cf. 
Hcaiod, 3cul. 303, fidx*'*" iMnfiiv, which 
nfan to wrestling. 

5. iympi^tai waa some trick of "hooking" 
(StkiV", "a hook") the leg round the legofQie 
adversary. It differa according to Hermann 




84 LtJCTA, tVCTATIO 

(lip. GTulHTggr,(w. d't.i. 355) from lhrara<\(£«u' 
in thii rapict, that in th< latter tbc trippiDg 
foot ii not taken off the gronnd, while in 
Aymplftiii it ii. Bat man probabij fnroinc*- 
AiCtiv ii a generic tenn. 

6. ^/idtUAdv, mfituBi^Ktai (Plat. Sgmpotiac. 
ii. 4 ; LudMi, Ocyp. 60) wu proballj making a 
charga in front or on the rida at the opponmt: 
for we know that puihing nu allowed. Cf. 

T. vofoiifoiitir, to make a feint of gruping: 
cf. Slat. Thtb. ri. 8TG, "fictarnqne in colla 
minatm Crara subit." The word it derived, 
according to Etym, Magnum, i. t. wapaJtpoitrai 
(652, 48), Anrrf, Ml utra^Bfai rir nXai(rrfii> 
ob KBTagaXximtw iX\' Ir £pf nepaMftvirrur 1) 
ToSl 9i xtifil jial ob ptwrirrtptf, 

8. twairK4)iiifir, supplanlare. Thii ii a 
EODersI term for " tripping up" or ''taking the 
lege from under " one"* opponent : cf. 6^\^ t4 
xM* (Lncian, Dial. Dear. Tii. 3), bwirvft t4 
a%i\il <Diod. iTil 100). k ipedal fonn of this 
Mcnrt in the wnntling-match in the iliad 



Another form conaiated perhapi ia preaiiog the 
right teg of the opponent inwarJs it tl r^ni 
TH^i^r (Horn. A iilii. 731). TbU tbt 
Scholialt call* wynaarayyli. 

S. Kmrfirtvt, the general word for " apiet- 
ting," which waa the raaolt of 4«w«^(f(0f (cf. 
Plat, flrfftjfd 278 B). Plntarch (i. c S) ipeaka 
of ■'(iKTfiBiml. The roetbodi wen Tarioni, t^. 
graiping the opponent'a leg and loddenl; polling 




it, lifting him clean off tht rrannd 
AiiacAS4). 

Thii eondiled <a one wreatler 



be generallj leaped on hii adTeraarr'i back (Oi 
Utt. ii. 52 ff.), twitting hit legs tightlj ronoa 
hie thighs (Hesych. i. n. txiyiia) ; or gnuped hii 
adrerxary'i lidei low down roaod the atomach, 
railing him off the earth and cnubing him with 
a Tiolent preuare at the lame time ; or drove 
hia elbow np under hi< chin to choke him 
(Lnciui, ^iucA.31). In Statim (f.e. 89S), when 
Tjdeni geti hit adrenarjp well rniied up off the 
groniid, he turned him obliqaelr (ai in the cut 
nnder pAHcCLaTiOM), let him Jall, and &lling 
along with him bad an h\\3rhrta\i on the gronnd 
(cf. I.ncinn, itiacK. 1). The AigiTei wen 
celebrated for thii kind of lodden twlit in order 
to get on the opponent'a back, and wen called 



LUDI 

bj Theocritaa (irir. 109) JBiM«Yp4^i= "an, 
bntlock men." Cf. H)v ibnr vroiftir, Thteiil 
Char. 1. (iiTii). 

11. K\ifuiiitl£*irBppeantomeaD thatiifleni 
denlf taming hia opponent round, the wml 
clarobered np hit liack, ai it were up a Itdd 
Thii i> Hermann'i not rerj uitiifactarj eiplu 
tion of iiii^w\tKTiu nxliiaiut in Soph. True),, b: 
Krauae (in Panly, 996) eajt it ii a rapid mo 
meat of the thigh, whereby the adrersari • 
thrown down. But thii ii far from deRoiti, ) 
doei not explain the origin of the term. 1 
Schol. eiplaini it ai iwara^iafa, ■rtfi tm 
jRil jn£T« ofrrebi ffrpi^trSat ir rp 1^X9- 
thii "being turned upiide down " meant bti 
rolled over and orer, the K\7iia( will be a sfrc 
of iXirlhiais, For further conjectorei, lee Gr 
berger, op. cil. i. 367-369. 

12. tia^aiiffdrttii, to leiie round the miiti 
(Ariitoph. Eq. 262 ; Pint. Ant. 33) ; SuAi 
JBdntv Te&i rttarhmii trfaxk^iirtr (ct. Gn 
berger, op. cit iii. 465). 

13. TpaxqMCiir, to bend the neck toi 
Tbeophr. C/tar. z. (iirii.) : hence in the puii 
metaphoricallj niad for "to be conquerfi 
Plat.de Curios. 521,6. 

laadiBcteticpoint ofvlewtha iX(rli)TU ' 
considered beneficial to the interior parti of I 
body, the loini, and the lower urti in gener 
bnt injurioni to the head ; waereai the t^ 
j^ WM believed to act beneficially npon t 
upper parti of the bodj. It wui owing to tbc 
ialatarj eSecti that wreitting waa practiitd 
all the gjmnaiia ai well ai in the paluttn 
and that in 01. 37 ( = 632 ex.) wraUing for bo; 
wai introdnced at the Olympic gamei, and » 
after in the other great gamu, and at Athe 
in the Eieniinia and Tbeiea alio. (Pani, r. 
§ 9; Find. 01. Tiii. 6S ; Gell. it. 20; Flo 
Si/mBoaiac. IL 5.) The moat nnowned of ill <i 
Greek wrertlen in the hiitorical age wii Ui 
of Croton, whow name waa known throogboi 
the ancient world (Herod, iii. 137; Stnb. < 
p, 263, Ac, ; Diod. xii. 9). Other diitiigoiilx 
wreetlen are enumeratod by Kibdh iOy"*- 
434 ff.). (To the worki of Krwue and Gr* 
berger referred to, add Bennaiin-BlDmoe 
Oritch. PrivalaUtrtheam;' pp. 344, S4S, u 
Iwan Hiiller-i HatuOitc/i, rol. It. Du Ofita 
PrioatalterMbna; $ 97, p. 451 e, where i wpiM 
bibliography i> to be found.) [L.S.] [LC.P.l 

LUDI ii a general term compriiiog u 
rarioni apectaclei and coDtwta of the cim 
and amphitheatre (ludi cn^mui), (ltd tboM i 
the theatre (hufi tcaud) and itadinm. 

1. Smdi of gama. — In their Itgal alfct  
may divide the gamei into poblio and print' 
(a) Pvbiic Originally the game* were " 
ligioui cenmoniei, the two oldsit being ^ 
Equirria [EquiRBla] and Couiualia [COKiUiU', 
lield in liononr of Han and CaniOL ^ 
gamei were frequently rowed (luif wUci) • 
the ere of or during timea of war (for » !=• 
lilt lee FriedUnder, 19. Uarqnardt, SlaM 
iii. 476, note 7), eipedaUy to Jupiter (MX 
called Ivdi nagni, maximi: Featui, 1. r. V^" 
Ludot), which gradually came by cuitom to > 
lolemoiied erery year, and afterwaidi «" 
liihed by law ai annual (Li». i. 3j,9) ["™ 
RoKiBil. During the time of the B*!*"' 
there were eoTen inch gamei, — the W' »• 
maw; FUieii, Ctriaitt, Apollvtarti, Mifii^ 



LUDI 

FarakSf Tidariae Sallanae. The first two 

wi7< called taari, because thej had an epudum 

c£a&«cted with them (Dio Cass. li. 1). These 

tirOf as well as the ApoUinares, had also a day 

Set ajiart for the equonan probatio. During im- 

ffTial time* many new games were added. The 

liitli<bj feasts and games (lucU natcUicii), cele- 

bnted in hononr of the reigning emperors 

(:aJled ri 7fy^Au^ whereas rS TeWtria were 

time ceklmted in honour of dead emperorsX 

•rere allowed bj even the most modest of the 

Cifsan, e^. Anioninns Pius (see Capit. Ant. 

?&', 5); bat thej aeem to haye been retained 

after deatb only for those emperors who were 

ecaiecrated {i>. 13). Hommsen (in C /. JS. i. 

p. 380) derires from the Calendar of Philocalns 

(ccasiructed 354 AJ>.) a list of nineteen snch 

llrtiiday games as were celebrated at that date. 

Ibese gamea were nearly always circensian, as 

vuv abo those celebrated in hononr of the day 

t^« emperor asvended the throne (ludi natalia 

icperv). Only in the case of Sept. Sererus (Dio 

Ciss. IxxrilL 8) were the latter games retained 

bcjoad the time of the reigning emperor (cf. 

CftpiL PtfimaXf 15). ZWi ooiim, too, were often 

c^ititsted after a war, e^. the ludi Parthki 

(perk^ on Sept. 18, Trajan's birthday), insti- 

t«te4 by Hadrian in celebration of Trajan's 

Fjnbiaa war (Dio Cass. Iziz. 2, and Reimar 

{ri 4>j,) ; and such are frequent in the Constan- 

tai» period, e^g. Ludi Alemannici (Oct. 5-10), 

<3vttict (Feb. 4-9^ Sarmatid (Nor. 25-Dec. 

1), &c; see a list in C. /. L, i. p. 376. 

i^i)FriKte, Besides these ludi publicif there 

vcre ludi privati, especially ludi fw/ukre9» 

T^vfh the whole people took part in them,. 

ciil they are prirate games, as being given by 

p.r&te indiridnals and not by the state. The 

ukfwArea were celebrated on the ninth day 

cWr death, hence sometimes called ludi no- 

^£s<&iles (Serr. ad Verg. AeiL r. 64). Gladia- 

t^nal exhibitiona in the Forum were frequent 

It time games (indeed were not given elsewhere 

cxdag republii^ times), in accordance with 

t'C old belief that human blood should flow 

cT<r the grave of a dead man (Serv. ad Verg. 

M. tiL 67 ; T. 78). The beginning at Rome 

<- ^adiatorial contests, which came from 

^^nuia and Campania, dates from the funeral 

paes of D. Junius Brutus in 264 (Liv. Epit. 

i^t ; Hommsen, M. H, iL 412). Exhibitions 

^f gUdialors were often ordered by will to be 

I'Tta It the funeral of the testator (Cic Vat, 

pr 37 ; auUa, 19, 54 ; Hor. Sat, ii. 3, 84). 

Dnoatie representations were also held at 

•aKnl games : tjg, the AdelpM was acted at 

*Jk fnoal games of Aemilius PauUus in 160 

BwC. Generally the games only lasted one day, 

sai 9tlj a lew pairs of gladiators fought ; but 

n tJx fueial of M. Aemilius Lepidus (Uv. xxiii. 

H l^X iA 216 B.C., the games lasted three 

^T^ nd twenty-two ]Mur> of gladiators 

l-:fkt; at those of H. Valerius Laevinus. in 

*^ BjO, the games lasted four days, and 

•^«aCj-fiTe pairs fought (Liv. xxxi. 30, 4); 

«^ at those of P. ladnius in 183 B.C. the 

naa lasted three days, and 120 gladiators 

'j»fkt (Liv. xxxix. 46, 2X a rery large exhi- 

^ iadced (ef. Uv. xlL 28, 11> It was 

'^tcv^ disgraceful for women to be present at 

l^fuAn$f and P. Sempronius Sophns, consul 

^ 2(8 iXL, tent a divorce to his wife because 



LUDI 



85 



she attended funeral games (Val. Max. vL 3, 
12 ; Plut. Quaeat Sam, 267). Another kind 
of ludi privati were those given by people of 
high rank voluntarily, on occasions of great 
public rejoicing, such as Stella's games in 
93 A.D. (Mart. viii. 78 : cf. Pers. vi. 48> For 
giving such games, non-senators had to get 
permission from the senate (Dio Cass. Ix. 23). 
These games were perhaps the ludi honorarU 
referred to by Suet. Aug, 32, for which thirty 
days in the year had been set apart. Augustus 
reconstituted these as working days. Ludi 
honorarii appear to have been most constantly 
given at the Liberalia (Fest. p. 102, and 
Muller's note). Private exhibitions, to which 
special invitations were issued, were often given 
by the emperors ; such as the Luoi Palatini, 
the JuvENALES. Snch also, too, were given 
by Caligula (Suet. Col, 54), Nero (Tac Ann, 
xiv. 44), Commodus (Lampr. Comm, 8), Cara« 
calla (Dio Cass. Ixxix. 10), Elagabalus (Lampr. 
Elag. 23X &c 

In the Calendar of Philocalns (354 a.d.) 
several other public games are mentioned, 
devoted to gods, but they are of little impor- 
tance. The principal are on Jan. 7 to Janus ; 
April 1, to Venus Verticordia (Macrob. Sat. L 
12, 15); April 5, to Qairinus; April 8, to 
Castor and Pollux; May 29-June 1, Fabarici to 
the goddess Cama (Macrob. Sat, i. 12, 31 ; Ov. 
Fast. vi. 101 ff.); July 23-24, to Neptune (Ter- 
tuU. Spe<^. 6) ; Aug. 5 (Cic. Att, iv. 1, 4), to 
Salus; Sept. 29-30, to the Fates; Oct. 19-22, 
to the Sun ; Nov. 1, to Osiris and Isis (C /. L, 
i. 405> 

According to their intrinsic nature^ the 
games may be divided (cf. Cic. ds Leg, ii. 15, 
38) into (1) ludi circenaes [CiBCUS], which in- 
clude both the races in the circus and the 
gladiatorial shows [Gladiator], and baitings 
of beasts [Venatio] in the amphitheatre 
[Ahphitheatbux] ; (2) the ludi scenioij or 
dramatic and spectacular shows in the theatre. 
[CoxoEDiA ; Tbaooedia ; Theatrum ; His- 
TBio; Minus; PAsnoxixcs.] To these are to 
be added (3) the Greek contests of musicians 
and athletes, strictly called Agones. The per- 
formances and performers of the fir$t two kinds 
are sufficiently treated in the articles referred 
to. Here we must say a word on the Agones. 
These contests were first introduced into Rome 
by M. Fulrius Nobilior in 186 B.C. (liv. xxxix. 
22, 2). In 169 B.C. we are told that Aemilius 
Paullus gave similar shows at Amphipolis, in 
which the Romans were quite unversed (Liv. 
xlv. 32, 9-10). And at the triumph of L. 
Anicius Callus in 167 B.C. it was attempted to 
give a musical exhibition, but the people made 
the performers box instead of playing the 
music: that was the only sort of i^i^y they 
understood (Polyb. xxx. 13). In the last cen- 
tury of the Republic we hear of Sulla (App. 
B. C, i. 29), Scaurus (Val. Max. ii. 4, 7), Pom- 
peins (Dio Cass, xxxix. 38), Curio (PI in. H, N. 
xxxvi. § 120), and Caesar (Plut. Caes, 39) giving 
exhibitions of athletes. Such contests were not 
appointed to occur at regular intervals till im- 
perial times. Then there were three principal 
agones: (1) the Actia ; (2) the Agon Iieroneus; 
(3) the Agon Capitolinus. The first two are 
described in the articles Ludi Actiaci and 
QUIHQUENNAUA. The Agon Capitolinus was 



86 



LUDI 



LUDI 



established in 86 a.d. Uy Domitian (Suet. Ikm, 
4), and celebrated every fourth year in early 
summer (Herodian, yit. 8, 3 ; and Clinton, Fasti 
Rom. p. 252). It lasted till the end of an- 
tiquity (Friedlj&nder, 8. G, ii.* 620-1), and even 
into modem times : for it was on Easter Sunday 
1341, on the Capitoline hill, that Petrarch was 
crowned (Gregorovius, Oeach. der Stadt Rom, vi. 
207-216; Gibbon, yiii. 227, ed. Smith). It com- 
prised contests in Greek and Latin poetry, Greek 
and Latin oratory (the subjects being the praises 
of Jupiter Capitolinus and Domitian, Qnintil. iii. 
7, 4 ; Suet. Dom. 4), and music, for which Do- 
mitian built a covered theatre (the Odeum) in 
the Campus Martins (Preller, Regioneny 169), 
and in the same place he built a stadium for 
the athletes who contended in boxing, wrestling, 
and the pancratium (FriedliSnder, op. eit. 61^ 
620, an important collection of evidence). 
Originally there was a foot-race for girls (Suet. 
/. c). The victors were crowned with oak- 
leaves (Mart. iv. 1, 6). For the other agones, 
which were mostly gymnastic, such as the Agon 
JUmervae of Gordian, and the Agon Soiit of 
Aurelian, see Friedliinder, op, cit, 467. 

2. 2%e Length of the Oamet. — ^They originally 
lasted each only the portion of one day (liv. 
xlv. 9, 4 ; Mommsen, R, ff, i. 472). From one 
day they gradually increased during the Re- 
publio,-«the Ludi Romani to 15, and after 
Caesar's death to 16, the Ludi Plebeii to 14, the 
Ceriales to 8, the ApoUinares to 8, the Mega- 
lenses to 7, the Florales to 6, and the Ludi 
Victoriae Sullanae to 7: i.e.-66 in all Of 
these the Ludi Romani had 5 dies circenseSf the 
Ludi Plebeii 3, and the rest one each : itf. 13 in 
all. (See the Calendar in C, L L, i. and p. 377.) 
Various games were added during the Empire : 
in the time of M. Anrelius there were 135, and 
in 354 A.D., when the Calendar of Philocalus 
was drawn op, there were 175 (C /. L. i. 
p. 378). Gradually, too, the whole of each 
day came to be filled up with events, begin- 
ning from early morning (Cic Fam, vii. 1, 1 ; 
Nat. Dear. i. 28, 78; Suet. Col. 26, Claud. 34), 
and continued on into the night (Suet. Cal. 
18, Dom. 4; Tac. Ann. xiv. 20, xvi. 5) on a 
memorable occasion with living torches (Tac 
Ann. XV, 44). Night festivals probably began 
with the Floralia (Ov. Fast. v. 361 ff.); and 
the part of the secular games celebrated at 
night was the most important. After 61 B.a 
there was a pause in the middle of the day 
for the audience to get their dinner (Dio Cass, 
xxxvii. 46); and this period was filled up, at 
least in the case of the eireenses^ with the ex- 
hibition of inferior gladiators, the meridianL 
It was during this pause for dinner on one 
of the days that the giver of the games feasted 
the people^ if he did feast them ; though some- 
times the epuiitm lasted for more than one day 
(Veil. ii. 56). But we hear of viands being 
also brought into the circus and the theatre 
(Stat. 8ilv, i. 6, 28 ff.; Mart. v. 49, 9; cf. 
Suet. Dom. 4). 

3. Jnstauratio (Macrob. Sat. i. 11, 5).— The 
anxiovs scrupulousness with which the Romans 
observed ritual is often insisted on (for ex- 
amples, see Liv. v. 17, 2 ; xxxii. 1, 9 ; xli. 16, 
1). So in the case of the games Cicero tells 
iu (de Mxrusp. reap, 11, 23): <^Si ludius 
«ODftitit ant tibioen lepente conticttit ant puer | 



ille patrimus et matrimus si tensam noia t«nii| 
aut lomm omisit aut si aedilis aut verbo ai^ 
simpulo aberravit, ludi non sunt rite faci 
eaque errata expiantur et mentes deomzn in] 
mortalium ludorum instauratione placantar^ 
That is, that in any such case when til 
games were performed non rite, noes rect\ 
minus dUigenter, they had to be held or^ 
again, either entirely or the ceremonies i 
certain days were performed again. The stxi^ 
phrase for the repetition of the games in the{ 
entirety was ludi toti insitaurati susU ; that f<i 
the repetition of the ceremonies of c»rtai 
days was ludi (jsemel, ter, gmnquiesy or pi 
unum diemf per triduum, per qumque diesy i^ 
staurati sunt. See a long list of examples i 
Weissenbom on Liv. xxiii. 30, 16. Games 4 
repeated were called instaurativi (Cic <ie £Hi 
i. 26, 55). Sometimes the games were r^ 
peated as often as ten times, owing to laal^ 
purposely committed by the performers ^rli 
were interested. This was put a stop to 1^ 
the Emperor Claudius, who forbade the Ci| 
censes to be renewed for more than one da} 
with the most salutary results (Dio Cass. Ix. 6] 
For further details on insiaurntio, ace RitscliJ 
Parerga zu Plautus u. Terenx, p. 311 £ 

4. The Oivers of the Public Games, — (^ 
Consuls. In order that they might be binding o^ 
the people, ludivotivi had to be adminiatered by 1 
magistrate with the imperium, usually then h] 
the consul (Liv. xxx. 2,8; 27, 11; Cic pro Sesi 
55, 117 ; Dio Cass, xlviii. 32, Ivi. 1, Ix. 23). Thj 
Ludi Romani were administered by the consoli 
till the appointment of the curule aediles it 
366 B.C. After that the consuls had only th^ 
presidency in these games (liv. viii. 40, 2, zlr. Ij 
6 ; Mommsen, Staatsrechi, i.' 397). The fact wa^ 
the giving of the games held out too great oppor 
tunities of bribery for the higher magiatzatei 
(Mommsen, op, dt, ii.' 129). But in imperial 
times the consuls were appointed to admiaiste^ 
the Ludi Actiaci on Sept. 2 (Dio Cass. lis. 20) 
the birthday of Augustus on Sept. 23 (tft. Iri 
49; cf. C, /. X. i. pp. 401-2), and probabl^ 
many others (ib. p. 377). The shows o\ 
gladiators given by consuls elect date from thd 
beginning of the second century a.ik (Dig. 3aj 
1, 36, pr.). The first evidence of the garnet 
given by the consuls on their entry into office^ 
which became so important in the Tourth 
century (C. I. L, i. p. 382), appears to b^ 
Fronto ad Marcum, ii. 1. But in the earlt 
Empire the consuls were expected some time 
or other during their year of office to giv^ 
shows (cf. Kpictet. Diss. iv. 10, 21) ; andi 
though even in the time of Claudius this wa^ 
considered a great burden (Dio €bu». Ir. 27),! 
the custom continued (»6. Ixi. 6; VopUc. 
Aurel, 12, 12). Alexander Severus lessened the 
expense of the consuls and defrayed part of it 
himself (Lamp. Alex, Sev, 43 ; Dio Cass. Ixxx. 
5). (6) Aediles. From the time of their 
appointment in 366 B.a, they were given the 
administration of the Ludi Romani (cf. lav. vL 
42, 13X and gradually they had eutrttsted to 
them the administration of all the other games 
except the Ludi ApoUinares, which were 
administered by the praetor urbanus (Liv. xxv. 
12, 10), as were also the Ludi Piscatorii (Festus, 
a. v.). The Ludi Plebeii were held by the 
plebeian aediles, and so too were the Ludi 



LUDI 

Cemki. Cicero (Jerr, t. 14> 86) indeed 
OBjkits that ike latter were oelebnted by the 
nrultaediles; bat the Cerialia was the plebetui 
c«uiter-feast to the MegaleDsia of the patridans 
(Gt^L zTiii 2, 11 ; llommeen, Staatsr. ii.' 50d). 
Ait<r 44 2JC the admiBistration of the Ludi 
C«iules was meet probably transferred from the 
rznle aediles to the newly-appointed (Dio 
CmL liTii. 40) plebeian aediles Ceriales. The 
Udi Megalenaei and Floralee were held by the 
ecrale acdilea (Cic Verr. 1. c; Mur. 19,' 40; 
Liv. zxiiT. 54, 3; Dio Cass, xliii. 4Sy, In 
tiB.Q. Angnstns took the cum ludorvm from 
tke aedilei and gave it to the praetors (Dio Cass. 
lir. 2X after which time any games given by 
ts« wiiles were voluntary (i6. liv. 8 ; Capitol. 
Ovrd. 3). (c) Praetors, They had the charge 
d[ ue Lndi Apollinares and Piscaterii dnring 
t&« Repablic Bnt in imperial times we find 
tb urban pnetors (this is probably the mean- 
iof of Twf wrpamrfw^ rm» irdant in Dio Casa. 
luTiii 22) administering the Ludi Megalenses 
(hi, zi 193, and Mayor's note), F]orales(Snet. 
Q^ 6X and gladiatoriid shows (Dio Cassv \y. 
31). The Angiistalia were administered by the 
pTKtor peregrinns (Tac Ann, i. 15). A speoial 
pnetor Parthiorios (WUm. 1167) was ap- 
poictfed to snpcsintend the Lndi Parthici of 
Tnjia (Dio Csms. lziz» 2). Lots seem to have 
b«ta cut as to which praetor shoold give the 
Smes (i6. lix. 14). The son of Symmachus 
yn& praetor nrbanas when he gave his oele- 
bnted faaea (Symm. EpkU iv. 69). For the 
]»n«t«ntn games of the post-Constantinian 
p«riod at Constantinople, see Ck»thofred. Para- 
^tkm to Cod. Theod. vL 4, inO. (d) Qwieston, 
Olidiatorial exhibitiona during the Republic 
vere Goniined to the private fonenl games. 
U h&perial times they were given as public 
ruses, and ar^ strictly called munfra^ not /udt. 
is 47 AJ>. we find the duty of giving these 
^somi impeaed on the quaestors in lieu of 
lading the streets (Suet. (UawL 24; Tac Ann, 
XL 2-1, xiiL 5). This was discontinued in 54 A-D., 
^'«B which time till the age of Domitian (Suet. 
^>>B. 4) it was only occasionally and voluntarily 
tux the quaestors gave sucb shows. From the 
time of Domitian the imaMnx, though fewer than 
^ Wi, became, howBYer, regular entertain- 
3MBti(Hirschfeld, Verwaltumg$^(^iGhU^ p. 177). 
b the time of Alexander Severua it was only 
^ qfniMitartB ctmiidati principia who had to 
^n the games at their own expense, and as a 
!twvi they were adnmced at once to the 
7o«tonh^ (Lampr. Alex. Sev, 43). The rest 
l«t a sahsidy from the treasury and were 
^e4 fuosiiorvs arcarii (Lampr. /. c. ; Mommsen, 
^tvitr, it* 518, 522). («) CurtUoret. The 
^penr in rirtue of his consular power (IHo 
^a« ii. 23)-*(br it waa the consuls who gave 
^^tnAnhaazy games (cf. Hirschfeld, /. c.>-oiUn 
;tr« yffy byUiijiQt games, whioh were ad- 
**ai»tered by curatoret hidorym or curatory 
^"^fWL The procunttoreB fmmerwn (Wilm. 
<^ cC 1243)| according to Hommsen («»p. cit. 
^* ^1, notes 1, 2), were permanent oiScials, the 
'^^^^n those appointed for a special occasion 
<*tt^t CW. 27 ; Tac. Atm. xui. 31 ; Plin. ff, N. 
*'<^{4fi)i For further, see Hinchfeld, op. 
^. ». 175-8. 
^ IV Osf 0/ Md Gamea (see especially Mar- 
^^ Skfitao. n.« 85-87>— The cost ef the 



LUDI 



87 



games was defrayed partly by the state a^d 
partly by the giver of the games. The state part 
was called lucar [Lugab]^ because it waa origin- 
ally the revenue from the produce of the sacred 
groves (/ttc()» which waa devoted to the games 
(Festus, s. V. ; Pint. Quaeat. Bom. 88, p. 285). 
For the ludi votivi a definite sum (^peouaiaciirta) 
was voted (in . Liv. xxxi. 9, 7, the sum is 
indefinite, and that is mentioned as an excep- 
tional circumstance), usually 200,000 asses (c£. 
Mommsen in Bhiin, Mus. xiv. p. 87X ns it waa 
also for the Ludi Roman! till the Punic Wara 
(Dionya. viL 71 ; Ascon. p. 142, Or.). In 
217 B.C. the sum voted was 333,333J asses (Liv. 
xxiL 1 0, 7). For the Ludi ApoUinares in 212 b.c. 
the state gave 12,000 asses (liv. xxv. 12, 12); 
in 51 BXX, for the Ludi Romani, 760,000 ses- 
terces, for the Ludi Plebeii 600,000, and for the 
Apollin^res 380,000 (see the Fasti Antiates in 
C. /. Z. i. 328, 329>--Bum8 which fell so far 
short of the actual amount expended that the 
magistrates who gave the games had to resort 
to the help of their friends and, to extortions 
from the provincials to supply what waa con- 
sidered i^essary (Liv. xl« 44, 11 ; Cic Q, Fr» 
li 9« 26). The people sometimes made sub- 
scriptions among themselves towards the 
expenses of the games: ejg,m 186 ac for the 
games qf Scipio Asiaticus (Plin. H. M. xxsiii. 
§ 138), in 37 and in 27 B.C. (Dio Cam. xlviii. 53, 
liii. 24) ; but such were unusual and did mot go 
far. We know that Scaurus expended vast 
sums on the gamea he gave in 58 b.c. (Plin. 
H. N. xxxvi. I 113), and that Milo expended 
three patrimonies (Cic MU. 35^ 95) in giving his 
extra-splendid games (pd Q. Fr. iii. 8, 6). The 
expense in fact was so enormous that in 28 B.a 
no senator could take the aedileship (Dio Cass, liii/ 
2). Augustus did not allow one praetor to give 
more than pother to the games (•&.) ; in 17 B.a 
we find him allowing them to give three times 
the grant of the state (i&. liv. 17); in 7 AJ>. 
the money paid to them for gladiatorial sbowa 
was withheld by the sUte (jb, Iv. 31) ; but in the 
Ludi Augustales the tribimes were not allowed 
to defray the whole expense themselTes (Dio Cass. 
Ivi. 47 ; Tfu^ Aim. i. 15). The state always con- 
tinued to. make grants (c£ Spart. ifodir. 3), and 
sometimes advances to be repaid (Fronto, Ep. ad 
Vfrum, 6, 9) ; while in a somewhat opposite 
direction it tried to limit the expenses of the 
games (Suet. Tib. 34; Dio Cass« Ixviu. 2; 
Capitol. Ant, Fiutf 12). But ^e enormoua 
sums expended on the games may be aeen from 
what has been said about the gamea of Scaurus 
qnd Milo^ from what Martial (v. 25^ 10) tells na 
that the . chariot-races sometimes cost 400,000 
sesterces (4,000/. nearly), from the case of 
Synmiachus, who though not one of the richest 
senators expended 2,000 pounds of gold 
(= 80,000/. aboutX and Justinian's games, 
which cost 288,000 solidi (=220,000/. about). 
For further details, see Friedlinder, Bttengeach. 
u.» 276-278. f 

The games accordingly were splendid. Aa a 
sample, take those which are elaborately de- 
scribed by Calpnmins, Ed, vii., and commented 
on by Gibbon, ii. 58-60, ed. Smith ; those given 
by Trajan, and described in Die Cass. Ixviii. 15 ; 
and the gamee of Symmachus, by FriedliSnder, 
op. cU, ii.' 319 ff. For enactments on the ^unes 
in tthe post-Constantinian. period, sea Cbd. Thaod* 



88 



LUDI 



LUDI 



XT. titles 5, 6, 7, 9, especially the latter on the 
expenses of the games. 

6. The Audience. — ^In early times slares were 
not allowed to attend the games (Cic. Har, Resp, 
12, 26) ; nor were any strangers present except 
state-guests. Bat in later times slaves certainly 
as a matter of fact used to frequent the games 
(Columella, B, R. i. 8, 2; Dig. 21, 1 ; 65, pr.; 
10, 3, 1-5 ; Jav. yi. 353X and also strangers 
(Oy. k. A. i. 173 ; Mart. ^ect. 3). Apparently 
by law reserred seats were retained for the 
magistrates, e.g, consuls (Cic. AU, ii. 1, 4), prae- 
tors (Suet. lieroy 12), tribunes (Dio Cass. xliy. 4), 
priests and vestals (Amob. ado, Oentes, iy. 35, 
an important passage), some of the public 
apparitors (Tac Ann. xvi. 12), and many of the 
officially recognised collegia (Hiibner, ap, Mar- 
quardt, iii. 471, note 7). The emperor had a 
regular closed-in box (cubicuium), which Trajan 
opened, so that he could be seen like any other 
spectator (Plin. Panegyr, 51; Suet. NerOf 12). 
The actual seats were doubtless corresponding 
to the rank of each individual ; e,g. the eorule 
magistrates had a aella cuntlis, the tribunes a 
eubaeiliumf kc It was a custom frequently 
practised to give a free seat in perpetuity to a 
distinguished man and to his descendants (Val. 
Max. iv. 4, 8 ; Cic. Phil. ix. 7, 16) ; this we 
find as early as 494 B.C. in the case of M. 
Valerius Maximus (C /. L. i. p. 284 ; cp. Liv. 
ii, 31); and occasionally a curule seat was 
dedicateid in memory of a great man after his 
death (Dio Cass. xliv. 6, liii. 30 ; Tac. Ann. ii. 
83 ; C. I. L. vi. 912). Those who had reserved 
seats could transfer them to another for the 
performance (Cic. Mwr, 35, 73), and in the time 
of C. Gracchus, on the occasion of a show of 
gladiators, we read that several of the magis- 
trates erected seats which they tried to sell, 
encroaching on the space which the people ought 
to have enjoyed (Plat. C. Oracch. 12). If we 
may judge from the initials of names on the 
seats in &e amphitheatre at Syracuse, it appears 
that seats could be sold for lengthened periods 
(Friedl. ap. Marq. iii. 473, note 1). Of course 
occasionally games were given by speculators to 
make money out of them, though such a course 
was looked on as sordid (Tac. Ann. iv. 62) : in 
that case, nearly, if sot all, the places were 
sold. But at the ordinary games there appears 
to have been three kinds of seats (Mommsen, ap. 
Friedl. op. dt. 472) : (1) those reserved by the 
exhibitor to awe to his friends or to those who 
had legal right to reserved seats ; (2) the seats 
which he reserved to eell to such as wished to 
avoid the long waiting and severe crush (cf. Suet. 
Cai. 26) attendant upon trying to secure them ; 
(3) the seats or rather places (for the mass of 
the spectators stood) which were open gratis to 
the public The traffic in the second kind of 
seats was pretty considerable, and box-officers 
Qooariij Mart. v. 24, 9) doubtless derived a large 
income from buying up the reserved seats and 
selling them at a raised price. A noticeable 
feature about the audience at the games was the 
way the exhibitor thought it advisable often to 
give them presents. This he did by throwing 
them among the spectators to be scrambled fur, 
such being called missilia : see Stat. SHv. i. 6, 
10 ff. Fruits (Mart. xi. 31, 10^ vegetables 
(Pers. V. 180; Hor. Sat. ii. 3, 182), and other 
eatables (Joseph. Ant. xix. 1, 3) were often 



thrown, but generally tesserae, which adxnitied ; 
to the most various kinds of pleasures (set 
Friedliinder on Martial, viii. 78, 9). One of 
these tesserae which we have is marked pran- 
dium (Friedl. ap. Marquardt, iii. p. 476, note 3). 
Occasionally the presents were fastened to a 
string (linea dives), which was jerked op and 
down (Mart. viii. 78, 7). For the variety of 
articles scrambled for, see Suet. Jfero, 11. We 
may well believe that the crush and "violence 
were very great (Herodian, v. 6), and wise 
people left before the scrambling began (Saet. 
Epist. 74, 7 ; cf. FriedlXnder, op. eit. ii.» 286-7). 
Another point to be noticed was the oppor- 
tunity the people took of giving free expression 
to their opinions in the theatre (" et, nbi 
pluxima vulgi licentia, in circum ac theatra 
eflfusi seditiosis vocibus strepere," as l^citus 
says, Jfist. i. 72). In republican times much 
importance was attached to the manner in which 
public men were greeted in the theatre bj the 
people (Cic Att. ii. 19, 3; Sest. 54, 115>. In 
imperial times we hear of the audience rising 
up when the emperor or a distinguished man 
entered, clapping (Suet. Aug. 56) or vraring 
handkerchiefs (praria, Vopisc Aurel. 48) and 
vociferously addressing complimentary titles 
or good wishes (Suet. Dam. 13), often in a kind 
of song (Tac. Ann, xvi. 4 ; Dio Cass. IxxiiL 2). 
Of course there was the most clamorous oat- 
ciy for the liberation of slaves or criminals who 
had made, a good exhibition in the oootests 
(Dig. 40, 9, 17, pr.), for the discharge of distin- 
guished gladiators (Mart. Sped, 29,-3); and 
many a gibe was directed at unpopular people 
(Juv. V. 3, and Mayor's note ; Tac. Ann, xi. 13), 
and even the emperor himself (Capitol. Jfacrin, 
12 ; Tertull. Spect. 16). The people also made 
use of these occasions (as it was very difficult to 
refuse requests made in this way, Joseph. Ani» 
xix. 1, 4) to declare against laws (Dio Cass. Iri. 
1 ; Joseph. /. c), against detested ministers, e^. 
Tigellinus (Plut. Qaib. 17), Oleander (Herodian, 
i. 12, 5), Plautianus (Dio Cass. Ixxvi. 2), and 
make many other appeals (cf. Tac. Ann, vi. 13 ; 
Plin. If. N. xxxiv. § 62 ; Suet. Dam. 13) and 
demonstrations (Cic. Att. xiii. 44, 1 ; Dio Cass. 
Ixxv. 4). Indeed, these were pretty much the 
only occasions on which the feelings of the 
people could be expressed or gauged under the 
Empire ; and the importance which was attached 
to this expression otf the popular will may 
be seen from the fact that Titus, in order to 
carry out certain executions which he considered 
advisable, put people throughout the theatre to 
demand them (Suet. Tit. 6). See further in 
Friedl. SUtengesch. ii.* 266-274. For the frantic 
excitement of the audience during the actnal 
games, especially the chariot-races, see the pas- 
sages quoted by Mayor on Juv. xi. 197, and Tert. 
Spect. 16; and for the tumults occasioned by 
the partisans of rival performers, see Fried- 
liinder, S. 0. ii.* 457 ff. 

The spectators who were Roman dtixens had 
to wear their toga at the games, and the higher 
ranks and magistrates appeared in official dress 
(Suet. Aug. 40). Augustiu allowed the spec- 
tators to come in slippers, without boots, in 
summer, a permission revoked by Tiberius, bat 
granted again by Caligula (Dio Cass. lix. 7). 
Cloaks (}aoemae% which had by order of Domitisn 
to be white (Mart. xiv. 137)^ could be worn over 



\ 



LUDI AGTIAGI 



LUDI APOLUNABEB 



89 



tke to|a in bad weather, bat they were (at least 
m the reign of Clandins) laid aside on the entry 
of tfac emperor (Snet. Clavd, 6). We are told 
tittt Giligida also allowed, besides cushions for 
the senators, the broad*hrimmed Thessalian or 
Mieedonian cauaia [Causia] as a protection 
ifiioEt the son (Dio Cass. /. e. ; Mart. ziv. 39), 
so thsi it seems the audience before 37 a.d. 
ised not to wear anrthing on their heads. 
Donitisn reriyed the old customs of theatrical 
«ta(IBette, and compelled the audience to appear 
IB vhtte, ibrindding coloured costumes (Mart, 
r. 3; 33, 1\ though we still hear that the 
£iToaien of the different factions wore their 
cUoon (c£ Mart. zir. 131). When owing to 
viad the awning (velarwm) could not be used, 
the »peetatoTs were allowed to hold up umbrellas 
(Mart zir. 28). The diingnator (Plant. Poen, 
proK 18) waa the official who directly saw that 
ihcM refulations were obserred, and he was 
RH'ODsible to the aediles (cf. Suet. Aug. 40). 

7. The Ftrformtrs and the Perfonnainces, — 
Se« the special articles referred to abore, p. 85 h. 
For the political and social aspects of the 
CUDCs, how in regard to them idleness took the 
{>Uc of streBuouaness till the people were con- 
test to gire up their rights and assemblies in 
retara for pmun H dreauea ; and the demora- 
lintioB spread among the community in rarious 
vin bj the passion for these shows, as such 
nibjects lie outside the sphere of Antiquities, 
«« mart be content to refer to Friedlander, 
SUtengewA. L« 488 ff., iu* 263 ff., 288, 391 ff. ; 
lad H. Schiller, Qe&ikidiU der Bdm, Kaiserzeit, 
^, 433 ff. 

(Farther, on the games generally, see Fried- 
^iuMler in Harqoardt, B5m. StaaUvenealUmg, iti. 
4^2-475; also in his DarsMltmgen ixuB der 
SiUengeKkichte JUmt, \L* 263-289 (abbreviated 
£ 0.); Mommsen in Corpus Inacript. Lat i. 
pp. »3-412, m. 375-381.) [L. C. P.] 

LUDI ACTI'ACI or A'CTIA C^Ktia), 
<ttoes celebrated to the Actian Apollo. 

I. M Same, — ^Though under this actual name 

ti3«n were not any games celebrated at Rome, 

^U there were games in honour of the Actian 

Afolb. These were decreed at Actium by 

Aopitas in 31 B.a after his victory, and first 

i^st Borne in 28 (Dio Cass. lui. 1). They 

<=*Baited of horse-races among the patrician 

jovths and men, gymnastic contests, and some- 

Uao glsdistorial exhibitions. They were held 

nery fourth year (Dio Cass. li. 19), and ad- 

<auUtered generally by one of the four chief 

«»Qcfa of priesU in succession (tb. liii. 1), 

^^Mg^ sometimes by the consuls (Mommsen, Mes 

rdv d. Aug. p. 42). Thus the first exhibition 

vu held by Uie consuls, or rather by Agrippa 

^«Be (Die CiSB. liiL 2) ; but in 16 B.C. we find 

ucB celebrated by the Quindecimviri (ib. liv. 

^^X Ws sie to suppose the celebration of 24 

^ vu held by the Pontifis, that of 20 B.C. by 

*f Aogon, that of 16 B.c. by the Septemriri 

^?Q^ aad so on in rotation till 13 A.D., 

*^ they vere probably held for the last time 

'^'^^BOKO, /. c). The last recorded celebration 

f] U).(Plin. ff. N. vii. § 158X and we do not 

^ of them again till 62 A.D., when they had 

^ & cMsiderable time discontinued (Tac. Ann. 

!Li^^ We find these games sometimes 

uiiM to tt pro $alute (or valetudine) Caesaria 

V^ ^ I. vL 877) : ct Mp rns ifiri$ 



trmrriplas (fiea gest. d. Aug. v. 8-11, Grreek) and 
Plin. /. c. ; also ludi pomtifcalea (Suet. Aug. 44), 
i.e. when they were held by the Pontiffs. That 
these games were celebrated to the Actian 
Apollo may be proved from the coin of C. 
Antuitius Vetus of 16 B.C. (Eckhel, vi. 104; 
Mommsen, BOm. MUnztteMen, p. 742). On one 
side is a sacrificing priest, with the inscription 
pro valeiudine CaeaarU 8. P. Q. B. ; on the 
other, Apollo sacrificing, with the inscription 
Apottmi Actio. In Suet. TSb. 6 AcHaci is a 
mistake for aatid (Mommsen, Bea geat. p. 43). 

2. At Actium. [See AcriA.] 

3. In the Frooincea. — Similar quinquennial 
games seem to have been held in many provincial 
towns (Suet. Aug. 59): e.g. at Oaesarea by 
Herod (Joseph. Ant. xv. 11, zvi. 9 ; B. J. i. 21, 
8); also at Antioch and Alexandria (C. I. G. 
5804). [L C. P.] 

LUDI APOLLINA'BES. These games 
were established in the year 212 B.G., in accord- 
ance with a prophecy of the old seer Marcius 
(carmma Mardana^ Iay. xxv. 12, 2), and after 
an inspection of the Sibylline books (Macrob. 
8ai. i. 17, 27-29), on the motion of the praetor 
and decemvir aacria fadundM^ P. Cornelius 
Rufus, to the god who warded off evil, Apollo. 
As nothing was yet decreed about their conti- 
nuance, they were, for this first year at least, 
ordinary ludi votiti, They were at first, and 
continued to be, celebrated by the praetor 
urbanus (Uv. /. c. § 10; Cic. Phil ii. 13, 31); 
thus we find them held by the praetor Lentulus 
in 60 B.C. rPlin. H. N. xiz. J 23), Brutus in 44 
B/;. (Cic. f. c), Agrippa (Dio CiuBS. xlviii. 20). 
They were to a large degree a Greek festival. 
The decemviri s. f. sacrificed with victims after 
the Greek fashion; the state supplied the 
victims, and also gave 12,000 asses to recoup 
the expenses of the games, and the people aided 
with a small subscription (Liv. xxv. 12, 12~14). 
The next year the praetor L. Calpurnius Piso 
proposed that the games should be vowed each 
year (Liv. xxvi. 23, 3), and hence the Calpumii 
have the head of Apollo on their denarii 
(Mommsen, BOm. MOnzwesen, pp. 580, 626). 
After this they were celebrated every year, but 
till 208 B.C. on no definite day (Liv. xxvii. 23, 
5-7). In consequence of a pestilence in that 
year, the praetor P. Licinius Varus voted that 
they should be held every year on a fixed day. 
That day was not '* a. d. iiL Non. Quint." as 
Livy (/. c.) says, but '* a. d. iii. Id. Quint," i.e. 
Jjalj 13 (Weissenborn ad loc.). This day always 
continued to be the last day on which these 
games were held. The number of days gradually 
increased from one till it finally reached eight, 
or perhaps nine. In 190 B.C. we find July 11 
one of the days (Liv. xxxvii. 4, 4), and in 44 B.c. 
July 7 (Cic. Att. xvi. 1, 1 ; 4, 1). They were for 
the most part theatrical exhibitions from the very 
beginning (see the interesting story in Festus, 
s. V. Thymelici, p. 326 M.); it was at these 
games that the Ihyeatea of Ennius was acted 
(Cic. Brut. 20, 78) ; but sometimes there was a 
venatio (Plin. ff. N. viii. § 53 ; Cic. Att. xvi. 4, IX 
and Dio Cassius (xlviii. 33) speaks of ^ r&y 
'AireAA«ycf«r IwztOpofjda, In the ApoUinarian 
games held by Agrippa in 40 B.C., two days were 
given to the games of the circus, during one of 
which the Id5ua Trojae was exhibited (Dio Cass. 
xlviiL 20). In all the calendars these gamea 



90 



LUDI AUGUSTALES 



ftre €fntered ai beginning on JvHj 6, except in 
that of Philocalna (354 A.ix), according to which 
they are given aa beginning on the 5th : per- 
haps an a&itional day was added in the fourth 
centnrj. (See generally Preller, £&n, Mytko- 
logie, 269-271.) [L. C. P.] 

LUDI AUGUBTAXES. [Auoustales.] 
LUDI CAPITOLI'NL Livy (v. 50, 4) tells 
ns that in the year 390 B.G., after the defeat of 
the Ganls, on the motion of Camillus a decree of 
the senate was passed that Xucft Cbpt^o/tm should 
be instituted, inasmuch as Jupiter, the best and 
greatest, had preserved his settlement and cita- 
del in a serious crisis, and that the dictator 
M. Furius should appoint for that purpose a 
collegium, consisting of those who dwelt in the 
Capitol and dtadel (cf. Liv. t. 52, 11). As being 
administered by a collegium, the Capitoline 
games were like the Circensian games of the 
Fratres Arvales (cf. Henzen, Acta Fr. An, p. 
36 ff.). After 884 B.O., when Marius Capitolinua 
waa condemned, a motion was brought before 
the- people that no patrician should dwell in 
the ciUdel or the Capitol (Lir. vi. 20, 3), so that 
from this time only plebeians could be members 
of this collegium. 

For the guild of the Capitolini, cf. Cic. Q. Fr, 
ii. 5, 2. They had magitiin of their own (Henz. 
6010, where as weU as in the passage of Cicero 
they are found associated with the Mercuriales: 
cf. 6011). Preller (fiOm. Myth, 202) thinks this 
is a rery old festival in honour of Jupiter 
Capitolinus, so old that it waa attributed to 
BomuluB (cf. Tert. Sped, 5). Mommsen (on 
C. I, L. i. 805 = Henz. 6011) shows that these 
collegia of Capitolini and Mercuriales were pagi 
wUiHn ihs city^ both having a substantive and 
independent constitution for religious purposes. 
A curious ceremony was performed at these 
Capitoline games, from a supposed connexion of 
the Capitoline games with a triumph of Romulus 
over Vcii ; or, as Mommsen (22. H. i. 340) holds, 
with the capture of Veil by Camillus in 396 B.C. 
An old man who was considered to represent the 
King of Veil was led through the Forum to the 
Capitol, dressed in regal attire and wearing a 
bulla suspended from his neck ; and a herald 
accompanying him proclaimed the *' sale of the 
Sardians," because the Veientines being Etruscans 
were supposed to have come from Sardis in 
Lydia (Pint. QuaeH, Ram, 53 = p. 227 ; Festus, 
s. V. Sardi vmatei). Hence was supposed to be 
derived, the proverb Sardi venaieB, alius alio 
nequior (Cic. Fam. vii. 24, 2), but that is more 
correctly referred to the great number of slaves 
acquired by the Romans when Tiberius Grac- 
chus conquered Sardinia in 177 B.C. (Uv. zli. 
17 s Aurel. Vict. 57 ; Mommsen, R, H, ii. 
199). [L. C. P.] 

LUDI GEBIAIiEa [Cerialia.] 
LUDI CX)MPITALrClI. [Compitalia.] 
LUDI FLORA'LES. [Floralia.] 
LUDI FU'NEBBES. [Ludi, p. 85 a.] 
LUDI HONOBA'BU. [Ludi, p. 856.] 
LUDI JUVBNA'LEa [Juvbnales.] 
LUDI LIBEBAXES. [Baochanaua.] 
(These must not be confounded with the Libbr- 



UJ 



LUDI MA6NI. [Ludi, p. 846.] 
LUDI MABTIA'LES or rather MABTIS 
ULTO'Bia The temple to Mars Ultor was 
dedicated on Aug. 1, 2 B.C, in the Forum 



LUDI FLEBEn 

Augutti (Dio Cass. Iz. 5). The dedicatioti of 
the temple and celebration of games to Mars 
Ultor held on May 12 (Fasti Maffetani in C. I, X. 
i. p. 305 ; Ov. Faxt, v. 597) refer to the temple 
provisionally erected in the Capitol in 20 b.cl 
(Dio Cass. liv. 8) : cf. Mommsen in C, I. L. L 
393. These games were celebrated annual ly 
(Dio Cass. Ix. 5) by the consuls (t6. Ivi. 46). 
Senators had the privilege of oontracting for th« 
horses used in these games (16. Iv. 10). A iHra* 
machia was given on the occasion of the dedica- 
tion of the temple (Yell. ii. 100) ; also /t«/i 
Mvtra/et, i.e. evolutions of the six tnirnae of 
cavalry, each with its wwr at its head (Dio 
Cass. /. c). There appears to have been occa- 
sionally a iwna^ (16. Ivi. 27> [L. C. P.] 

LUDI MEGALENSEB. [Mboalebia.1 
LUDI NATALI'On. [Ludi, p. 85 a.] 
LUDI PALATFNI. After Auguatns died, 
livia and Tiberius had dedicated an altar to 
the Numen of Augustus (PHn. H, N. zii. § 94). 
We Ieuow from the Fasti Praenestini (in C /. 
L, I p. 312; cf. p. 385) that on January 17 
the Pontifi, Augurs, (^indecimviri, and Sep- 
temviri ' sacrificed victims on this altar. On 
Jan. 21, 22, and 23, theatrical exUbitlona were 
held in a private theatre erected in front of 
the palace. These exhibitions were strictly^ 
private, and only the highest nobles and their 
£unilie8 invited (Dib Cass. Ivi. 46, Uz. 16; 
Joseph. Ant, xix. 1, 11 ; Tac. Ann. i. 73). In 
the year Cidigula was murdered there wa« jast 
for that year an extra day added, viz. Jaxi. 24- 
(ix. Kal. Febr.): cf. Suet. Cof. 56, 58; Dio Casa 
lix. 29 ; Joseph. I. c. In the Calendar of Philo* 
caluB (354 A«D.) the 23rd was removed and the 
17th to 19th added (C. Z Z. L pp. 384 and 
385). [L.C. P.] 

LUDI PISCATO^II. We know that the 
fishermen and the divers of the whole bed of the 
Tiber formed a corporation (Wilmanns, 1737). 
To them probably refer the IwJU pisoatwH held 
each year on the 7th of June across the Tiber hj 
the praetor urbanus (Festus, s, -o. ; Ov. Flcxst. 
vi. 235-240). [L. C. P.] 

LUDI PLEBE'n. These were certainly 
held in the Circus Flaminius (Yal. Max. i. 7, 4), 
and are mentioned as early as 216 B.C. (Lir. 
xxiii. 30, 17). Now as the Circus Flaminius 
was built in 220 B.C. (Liv. Epit. xx.), we may 
assign the establishment of the Ludi Plebeii to 
the same date, and also the Jovis epvifon on the 
Mes (for all Ides are sacred to Jupiter) 
which is connected with these games (Lir. xxr. 
2, 10;'xxvii. 3, 9). This is a more probable 
view than that of Cicero, who (de Orat. iii. 19, 73) 
makes the Epulum Jovis to exist in the time of 
Numa, or that of the Pseudo-Asconius (p. 143, 
12), who supposes the Ludi Plebeii to have been 
established either after the expulsion of the 
kings, or after the secession of the plebc. (See 
Marquardt, Staatsverw, iii. 349.) We find from 
the Calendar of Philocalus (354 a.d.) that the 
Ludi Plebeii lasted till the fourth century; 
cf. alsoLampr. Alex, Sev. 37. The date of them 
was originally Nov. 15 (the Eqwntm probatio 
being on the 14th), just as that of the Ludi 
Homani was Sept. 15 {C. I, Z. i. 401^ They 
were celebrated by the plebeian aedties; and 
already in 207 B.C. they lasted fot more than 
one day (Liv. xxviii. 10, 7). In some early 
calendan, «.^* the Fasti Maffeiani, they are put 



LUDI PONTIFICALES 

down as Utiting from Nor. 4 to Not. 17 : in the 
Caleodar of Pfailocaliu, from Nov. 12 to 16 
(C.LL, U c). That plajs were acted at the 
Lodi Plcbeii is proved from the didascalia to 
Xikt Stichu of rlautus (Bittchl, Farerga zu 
FM-y. 261). [L. C. P.] 

LUDlPONnPICAXEa [LuDi Actiaci.] 
LUDI BOl&ArSl, These games (the chief 
SMua festival) were in honour of Jnpiter 
(Ffstos, s. V. Moffnoa Xuios), and are said to 
bve been established by Tarquinius Priscns on 
ti>< oocatton of his conquest of the Latin 
Ajttolsc (liv. L 35, 9); though Dionysius 
(rii. 71) and Qcero {de Div, i. 26, 55) refer the 
oublishment to the victory over the Latins at 
lake Begillns. At first they lasted for one day 
cnly; a second day was added on the expulsion 
of the longs in 509^ B.a (Dionys. vi. 95X ft third 
after the nnt secession, 494 B.C. (Li v. vi. 42, 12). 
From the year 191 to 171 they lasted ten days 
(IJT. xzzvi. 2, zxxiz. 22, 1; Mommsen, B^n. 
FtncK iL 54X and shortly before Caesar's 
dcslh they appear to have been a fifteen-day 
£sUval (ac. Km-, i. 10, 31^ Sept. 5 to 19. 
After Caesar's death a day was added (Cic. 
?&*/. iL 43, 110): this day must have been 
Sept. 4. For Cicero says {Verr, ii. 52, 130) 
tkai there was an interval of 45 days from the 
Ludi Romani to the Ludi Victoriae SuUanae on 
Oct 26. Accordingly, Sept. 19 in the time the 
Yerriaes were composed must have been the 
lift day of the Ludi Bomani (C. /. Z. L 401); 
and 10 it appears in the Calendars of the 
Augutsn time, the days of the games being 
Sept 4 to 19. There was the JEpulum Jouis 
OS the 13th, and the Equonun probatio on the 
Uth. The games in the circus lasted from the 
Ijth to the 19th. In the Calendar of Philo- 
calut (354 A.IX) they run from Sept. 12 to 15. 
Tlte celebration was in the hands at first of the 
ccasals, afterwards of the curule aediles. 

Bat we must not suppose that these games 

vert regularly established as annual from the 

beginaing. Games, as we have seen, in many 

OSes bc^ from a vow made by the commander, 

ui were celebrated as a special festival after 

kii thuDphal procession. As the army, how- 

€Ter, used to go forth as a general rule each 

scmmer, it benme customary when it returned 

IS aBtamn to celebrate such games, though 

o^ooected with no triumph, and though no 

>>S^ victory had been gained. But still in 

•^1 cases they were celebrated as extraordinary 

pmea, and not aa games regularly established by 

law. They were sollannes, *' customary," but 

^ not yet become annvi Q^ soUemnes, deinde 

unai msnsere ludi Romani magnique vane 

ApKUati," Liv. i. 35, 9) ; for we must remember 

t^at aoAmmes need not mean anything more 

t^ ** customary.'* Ltvy indeed in the passage 

^actcd identifies the two kinds, the ludi magni 

Qd the lydi Bomani^ and so do Cicero (Se^. 

u- 20, 35X Festus (L c), and Pseudo-Asconins 

(pp. 142-3, Or.); but in all his other books 

l^Tj observes a distinction which has been 

P«uted out by Bitschl {Partraa zu FhtUu$j 

^ p. 290), that ludi magni is the term applied 

^ cstraordinary games originating in a vow 

(Ml soetpi), whUe iudi Ji<mam is that applied 

to the games when they were regularly 

"ta^hdMd as annual (ludi ziati). The latter 

^ ie. /«£ Somani, is first used by. Livy 



LUDI BOlftANI 



91 



in viii. 40, 2 (see Weissenbom ad ioc.}; and 
after that the terms varied according as the 
games are stati (e.g. z. 47» 7 ;. xxv. 2, 8) or 
votivi (xxii. 9, 10; 10, 7; xxvii. 33, 8; xjxvi. 
2, 2 ; xxxix. 22,. 2, &c. ; Suet. Aug, 23). The 
distinction drawn by Ritschl is to be considered 
proved. But when was the fixed festival, the 
ludi Somani^ definitely established as anntud ? 

Most probably, says Mommsen (i2Ati. Fortck, 
ii. 53; cf. ILB.l 472), on the occasion of the 
first appointment of the curule aediles in 
367 B.G., who were to be the curatorts ludorum 
soUemnium (Cic. Zeg, iii. 3, 7). For in the 
oldest Roman calendars which date from 
the time of the Decemvirs (cf. Mommsen, Die 
rdm, Chromologie, &c. p. 30) these festivals are 
not engraved in capitals but in small characters, 
therefore are additions (C /. L, i. 361) made 
after 449 B.a ; also in 322 B.a the ludi Romani 
are mentioned as a regular annual festival 
(Liv. viii. 40, 2): accordingly the final 
establishment of these games must lie between 
these dates; and the year 367 B.C., when. so 
many changes were effected, and when we are 
told a day was added to these games and 
curule aediles appointed to superintend them, 
seems the most reasonable to assume. 

Yet Livy and the other authors who identify 
the ludi magni and Romani are not altogether 
in error : for the arrangement of the two kinds 
of games was similar. An incidental proof of 
this is that when Pompeius established /wft 
totioi in 70 B.C., they lasted for fifteen days 
(Cic Verr. i. 10, 31), like the ludi Romani ; and 
we find similar sums, viz. 200,000 asses, 
bestowed for both ludi magni and ludi Romani 
(P8eud.-Ascon. p. 142; Dionys. vii. 71). The 
actual ludi Romani consisted of first a solemn 
procession, pcmpa [CiBCUS]: then a chariot- 
race, in which each chariot in Homeric fashion 
carried a driver and a warrior, the latter at the 
end of the race leaping out and running on foot 
(Dionys. vii. 72 ; and cf. Orelli, 2593, whero a 
charioteer is spoken of as pedHma ad quadrigam). 
This is a practice confined to the ludi Romani. In 
the exhibitions of riding, each rider had a 
second horse led by the hand (Festus, s. «. 
Paribua Equis), as it appears the Roman horse- 
men in early times were jn the habit of using 
two horses in battle (cf. Gran. Licinian. lib. 
xxvi.), like the Tarentini in Greek warfare 
(Liv. XXXV. 28, 8). Such riders were called 
detultores (Liv. xxiii. 29, 5). Originally, in all 
probability, then was only one contest of each 
kind, and only two competitors in each contest 
(Liv. xliv. 9, 4), as ** may be inferred from the 
circumstance that at all periods in the Roman 
chariot-race only as many chariots competed as 
there were so-called factions; and of these 
there wero originally only two, the white and 
the red " (Mommsen, J?. A i. 236, note). These 
few events allowed further minor exhibitions, 
such as boxers, dancers, competition in youthful 
horsemanship (ludus Trojae)j &c. It was 
allowed that the wreath the victor won (for 
this in Greek style was the meed of victory) 
should be put on his bier when dead (Twelve 
Tables, 10, 7, and Mommsen's remarks, Stoats* 
rtchty i.* 411, note 2). During th^ festival, 
too, the successful warrior in real warfare wore 
the spoils he had won from the enemy, and waa 
crowded with a chaplet. After the intrpdnetion 



92 



LUDI SAEGULABES 



LUDI SAEGULABES 



of the drama in 364, plays were acted at the 
ludi Romani, and in 214 B.C. we know that 
ludi scenici took up four days of the festival 
(LiT. xxiv. 43, 7). In 161 B.C. the Phormio of 
Terence was acted at these games. 

(The chief work on the ladi Romani is 
Mommsen's article Die ludi magni und Smnani 
in his Bdmiache Forachvngenf ii. 42-57 = Bhein-' 
iachea Museum, xiy. 79-87. Compare also his 
Itoman ffittory, i. 23&-237 (where the Greek 
inflnonces on the Roman games are traced), 
472, 473; and FriedlMnder in Marqaardt's 
Staatsverwalhmg, iii. 477, 478.) [L. C. P.] 

LUDI SAEGULA'BES. Saeculwn, like so 
manj words expressing time in Latin (annus^ 
mentis, dies, Censorin. De die nataliy 19, 22, 23), 
has a twofold meaning. There is the saeculum 
civile and the saeculum naturale. In the years 
363 B.C. and 263 we find a recognition of the 
saeculum citfiie in the appointment of a dictator 
davi figendi ccntsa — a castom which originated 
probably in 463 B.C., when a grievons plague 
attacked Rome (Liv. iii. 6, 2 ; Dionys. ix. 67, 68), 
and a testimony to the irresistible force of fate 
was made by driving a nail (clamui), the symbol 
of Destiny, into the wall of the cella of 
Minerra on the Capitol on the Ides of September 
(Liv. yii. 3, 6 ; Mommsen, £dm. Chron. 175). 
The saectdum naturale was not, says Censorinus 
(238 A.D.) in his locus classicus on the meaning 
of the word (pp. cit chap. 17), ever established 
hj the Romans, though they fixed the saeculum 
doile at 100 years. But its significance can be 
gathered from the celebration of certain games, 
which in later times indeed were called Ludi 
saeculares, but in early times Ludi Terentini, 
This Terentum (from terere) was a volcanic cleft 
in the Campus Martins, at which even under 
the monarchy the gens Valeria sacrificed dark 
victims to Dis and Proserpina (cf. Mart. x. 63, 3, 
" Romano Terento "). Valerius Maximus (ii. 
5, 2 : cf. Zosimufl, ii. 1) tells a story of a certain 
Valesius who got his sons cured of a serious 
illness by giving them water from the Tiber 
boiled over this cleft ; and these sons saw in the 
sleep that restored them to health a vision 
which ordered the sacrifice of dark-coloured 
victims to Dis and Proserpina on an altar to be 
found in the Terentum, and the celebration of 
lectistemia and nocturnal games for three nights 
in their honour. The altar was found deep buried, 
the sacrifice was offered, and from this sacrifice 
date the LndiTerentini. We are told that P. Vale- 
rius Poplicola, first consul, in a case of pestilence 
offered the same sacrifice and held the same 
games, and thereby saved the state (Val. Max. 
/. c). But thij latter is a very old mistake, due 
to the confusion of the first consul with the 
L. Valerius Poplicola, consul in 449 B.C. For 
though we cannot be certain of any celebration 
•f these games in 349 B.C., we have the most 
distinct evidence for their being held in 249 B.C. 
Varro (op. Censorinus, op. cit. 17, 8) says of 
this year: '<Cum mnlta portenta fierent, et 
murus ac turris, quae sunt inter portam Collinam 
et Esquilinam, de coelo tacta essent et ideo 
libros Sibyllinof xwiri adissent, renuntiarunt, 
ut Diti patri et Proserpinae ludi Terentini in 
campo Martio fierent tribus noctibus et hostiae 
furvae immolarentur, utique ludi centesimo 
quoqne anno fierent." (Here, too, we should 
Aotice what St. Augustin, de Civ. Dei, iii. 18, 



says of these games, deriTing his knowledge 
probably from Varro : ** Jam vero Punicis belUs 
instaurati sunt ex auctoritate libromm Sibjl- 
linorum ludi saeculares quorum celebritas inter 
centum annos fuerat instituta. Renovarunt 
etiam pontifices ludos sacros inferia et ipsos 
abolitos annis retrorsum melioribus.'*) The 
next celebration was not in 149 B.C. but in 146 
(Censor, op. cit. 17, 11, who quotes contem- 
porary authorities, Piso, Gellius, and Hemina). 
In the year 49 B.c. religion was silent amid the 
turmoil of the civil war ; and the games were 
not solemnised till the well-known celebration 
of Augustus in 17 B.C. But why in this year? 
There were many Greek myths (Lobeck, 
Aglaoph. 791 ff.) of certain ages of the world — 
the golden age, the silver age, &c. — mixed up 
with astronomical theories of the whole order of 
the universe beginning anew when the planets 
returned to their original positions after what 
was called a magnus anntu. The same series of 
people would reappear on earth and repeat again 
the various exploits of their lives (cf. Verg. Ed. 
4, 34 ff.). Among these myths was one that 
the cycle began anew after four periods of 110 
years each. (Cf. Probus ad Verg. /. c. ; and 
Varro, ap. St. Augustin, de Civ. Dei, xxii. 28 : 
^ Genethliaci quidam scripserunt esse in renas- 
cendis hominibus quam appellant iroXiTycycWoy 
Graeci : banc scripserunt confici in annis nnmero 
qnadringentis quadraginta ut idem corpus et 
<»dem anima quae fnerint conjuncta in homine 
aliquando eandem rursus redeant in conjunc- 
tionem.") Again, there was an influence from 
Etruria. Just as at Rome at the end of every 
five years there was a propitiatory offering made 
to the gods for the people, so in Etruria a 
similar sacrifice was made at the beginning ot 
what they considered a saecuhun, i.e. that space 
of time which embraced even the longest life. 
The propitiatory offering was made for all alive 
at the time : when that whole race had passed 
away, the gods signified that the cycle was over 
by sending prodigies, and a new sacrifice had to 
be offered (Censorin. op. cit. 17, 5). The first 
four saecula of the Etruscans lasted 100 years 
each, the fifth 123, the sixth and seventh 119 
(Varro, ap. Censorin. /. c.) : so that something 
over 100 years was the average saeculum. Tht 
definite Greek theory that the saeculum lasted 
110 years was taken up by the Quindecimviri 
(Censor, op. cit. 17, 9 : cf. ** undenos dedes per 
annos," Hor. Carm. Saec. 21)^ and in the in- 
terests of Augustus they proceeded to invent 
celebrations for 456 B.C., 346, 236, 126, Augus- 
tus*s games being celebrated in the last year of 
the saeculum, 17 B.C. (cf. Mommsen, op. dt, note 
363, p. 185). The contemporaries of Augustus, 
however, Livy (cxxxvi. ap. Censor, op. dt. 17, 9) 
and Verrius Flaccus in Festus (s. v. Saeculares 
Ludos), adopt the theory of the saeculum being 
100 years. The successors of Augustus cele- 
brated the secular games according to different 
kinds of computation. Claudiuf , says Gibbon, 
did not treat the oracle with implicit respect 
He celebrated the games, ^ which none had ever 
seen before," in the 800th year of the city 
(47 A.D.), with an actor who had taken part in 
the secular games of Augustus (Plin. ff. K. ril 
§ 159> Domitian celebrated them in 841 ot 
the city (=87 a.d.), six years too early if they 
were to be 110 years after thoet of Auguitui* 



LUDI 8AECX7LABE8 



LUDI YICTOBIAE CAESABIS 93 



(For this MnMwhat famous oelebratiooi tee Fut. 
Capitol is a /. X. i. p. 442 ; Suet. Dom. 4 ; 
Ttc.iiia.xL 11 ; Mart. iy. 1, 7, z. 63, 3; Stat. 
Sku i. 4, 17, It. 1, 37 ; Eckhel, ri. 383.) 
Aateainnt Piiu in the year 900 of the city 
(147 A.D.) eelebrated them (Aurel. Vict. Caes, 
lov 4X while Sept. SeTenu held them 220 years 
after Aagnttat in 204 A.D. The last celebration 
VIS in the 1000th year of the city (247 A.D.) by 
iM Emperor Philip (Entrop. 9, 3 ; Eckhel, vii. 
323-4). It may be that Gallienns in 257 A.D. 
(Eckbel, Tii. 409, Till. 22) held them as an ex- 
tnoidioary tolemnity in a period of great 
m^akJe (TrebelL Pollio, OoB. 5), and Mazimian 
ii 304 A.Dt certainly intended to hold them 
(■. TiiL 20X bnt does not appear to have carried 
• n his intention : so from Philip's time we may 
nj that the tecnlar games disappear till they 
VCR rerivcd in the lUddle Ages as the Popish 
JsUlecs instituted by Pope Boniface VIII. in 
1300 (Gibbcni, L 327, 328 ; yiiL 217, ed. Smith). 
The Lvdi Tergmiim, then, and their continua- 
tioo, the LucU SatcuiareSf are not a really 
^oine Roman ceremony. They rest on refer- 
»ee to the Sibylline books (Zocim. ii. 4 ; Varro, 
op. Censor, op. cU. 17, 8 ; Hor. Cartn, Saec 5X 
are celebrated by the QnindecimTiri (Hor. Carm, 
&0C 70 ; Tac Amt, zi. 11) outtide the pomoo- 
nom (that the gods of the lower world might 
cot be brought innde the city), the gods hononred 
are aot Roman, and the Roman antiquarians 
cyDsidaed the solemnities to be derived from 
Htmria (Censorin. /. c. : ** Dein quod Etrusd 
(^Qoran primasaccnia oentennm fnerant annorum 
etttm hie nt in aliis pleramqoe imitari volue* 
rufit Reraani"). It was as Magitter of the 
College of QuindacimTiri that Augustus cele- 
'^nted the games with M. Agrippa as his 
coUcigue (Mommscn, Mes gettae d Aug. pp. 91* 
^; Eckhel, tL 103). 

The xites of the celebration an given by 

Zoshnas {vL 5X who also quotes verMkn the 

Sibjlline oracle ordering the celebration. His 

MeiHiBt is in numy points confirmed by coins, 

■ad is ts Mlows : Heralds summoned the people 

*-o the tpectade they had never teen before and 

acTtr would sea again (cf. Herodian, iii. 8, 10). 

Tka in the G^toline temple of Jupiter and 

the Pilstine temple of Apollo the Qnindedm- 

viri ga?e to all present (sUtss were ezduded) 

potfioitorieB (cntfiCptf'ia, mtffhneHtd), consisting 

•f torses, tulphnr, and bitumen ; and in the 

•UK tcB|des, and that of Diana on the Aventine, 

vWit, barley, and beans were given to the 

people to make an offering with (c£. Eckhel, vi. 

3«7, in medals with the inscriptions Sufifi- 

■ni<s)X<9wli>) d(ata) and A Pcp^vld) fir^(U) 

^c^im\ kc% though Zosimns says these were 

t« fee giren to the actors in the games. Then 

^cga the feast, which lasted three nights and 

t^itc dtys. Offerings were made to Jupiter, 

Jsao Ladna, Apollo, Latona and Diua, the 

fates Demeter (Tellns, Hor. Carm. Saec 29), 

f^ tad Proserpina. On the first night at the 

*Haod hear the emperor, with the aisistance of 

the Qaiadedmnri, sacrificed to the Fates, at 

^ TofBtom, on the border of the Tiber, three 

naa en three altars, letting the blood flow all 

T^the altars, and then thoroughly burned the 

J^^Bt. A stage IS then ere^ad, the people 

"^ torches, a newly-composod hymn is sung, 

^lykniidthowsareezhibited: fortheorade 



taid (1* ^) ^^^^ ^^* gnive wat to be mingled 
with the gay. On the nezt day a tacrifioe was 
made on the Capitol of white bulls to Jupiter 
and a white cow to Juno, in accordance with 
the oracle (11. 12, 15), and then in the theatre 
there were dramatic representations in honour of 
Apollo. On the second night a white pig and a 
white sow were sacrificed to Tellus, in accordance 
with the oracle (1* H-X <"><! ^^k victims oflhred 
to Dis and Proserpina (Varro, aq). Censor, op. cU» 
17, 8 ; Festos, s. v. SaeaUares Lvdot), 6n the 
second day the matrons offered supplications 
and sang hymns to Juno on the Capitol ; and on 
the thii3 day in the Palatine temple of Apollo 
there was a sacrifice of white ozen (Hor. Carm. 
Saec. 49), and thrice nine noble boys and 
maidens whose parents were still alive (Ji/i^i- 
BaXttSj patrimi ac mairimi) sang hymns in Greek 
and Latin for the preservation and prosperity 
of the Roman empire. Such a hymn was called 
Carmen Saecularey and we still possess the hynm 
which Horace wrote for the celebration of the 
games by Augustus. 

On the secular games generally, consult 
Mommsen, JDie rdmiche Chranolcgie bia auf 
CSsor, pp. 172-194 (chapter on the SaectUd)\ 
E. L. Roth, in the Shemiaches Museum^ viii. 
(1853), pp. 365-376; Preller, lUhnitche Mytho- 
hgidy 469-478; Marquaidt, SiaaUoerwaltwM^ 
iii. 370-378. [L. C. P.] 

LUDI SEYIBAXES. [LuDi Mabtialbb.] 
LUDI TAU'BII were of a similar nature, 
and due to a somewhat similar origin as the 
Ludi Saeculares. They were instituted to the 
gods of the lower world, according to Festus 
(s. V. Tburti^ p. 350 M. The absurd interpreta- 
tion given by Varro on p. 351 may be discarded), 
in the reign of Tarquinius Superbus, when a 
great pestilence fell on pregnant women, owing 
to the sale of bulls' flesh among the people. 
Other interpretations of the name are that it is 
from iaura or toicrM, a barren cow, which was 
sacrificed to Proserpina, or that the games were 
instituted by the Sabines that a pestilence which 
had attacked them might be turned on the 
bulls which they sacrificed (Serv. on Verg. 
Aen. iL 140). At these games there was a 
chariot-race in the circus (varro, Z. L. v. 154). 
We hear of their being celebrated r^igitmia 
cauaa for two days in 186 B.a (Uv. zzziz. 
22, 1). PL C. P.] 

LUDI TERENTI'KL [Ludi Saboulabeb.] 
LUDI VICTCRIAB GAE'BABIS or VB'- 
KEBIS GENETBI'GIS. These were first 
celebrated in 46 B.a by Julius Caesar on the 
dedication of the temple of Venus Genetriz,. 
voted at the battle of Pharsalia, which took 
place on Sept. 24 (C. I. L. i. 397) ; but they 
appear in the Calendars as being celebrated in 
July, from the 20th to the 30th. This is due 
to the introduction of the Julian Calendar, 
according to which July 23, 24 would corre- 
spond to Sept. 24, 25 ((7. /. X. 1. c). They aro 
called Zudi VvAariae Caeaaria by the Fasti 
Maffeiani and Amitemini, by Matins Calvena in 
Cicero, Fam. zi. 28, 6, and Suet. Avg. 10; but 
Ludi Veneris Oenetrida by App. B. C. iiL 28, 
PUn. E. N. ii. § 93, Sense. Quaeat. Nat. vii. 17, 
Dio Cass. zliz. 42. But Victoria was identified 
with Venus Genetriz (Varro, X. L. v. 62; GelL 
z. 1, 7 ; Preller, Bdm. Mgih. 389, 707 ; Momm- 
sen in C. L X. i. 397> These games were 



94 LUDI YICTOBIAE SULLANAE 



LI7DU8 LTTTEBASIUB 



Administered by a special collegittid (Suet. /. c, ; 
Plin. I c ; Jul. Obseq. 68 [128J). [L. C. P.] 

LUDI VIOTO'BIAB SULLA'NAE were 
established by Sulla in 82 B.C. The original 
day was the Kalends of NoTember, the date of 
the Tictory at the Colline Gate ; but afterwards 
the games lasted from Oct. 26 to Nor. 1 incln- 
sire. They were called Ludi Victoriae SuUanae 
1^ Velleius (U. 27) and the Fisti Sablni (C. /. X. 
i. p. d02X to distingaish them from the Ludi 
Victoriae Ceesaris. They do not appear in the 
Calendar of Philocalus (354 a.d.). [L. C. P.] 
' LUDI VOLOANA'LIOL The coins of 20 
&(;., stamped Man Uitor and Vdkanus ultot 
(fickhel, y'u 96), would seem to point to these 
games being established after the recorery of 
the standards from the Parthians ; but the Fasti 
of the Augustan age do not mention them. 
These games were abolished by Macrinus, but 
soon renewed, owing to a xeliffious feeling 
among the people that they ought to be re- 
storec^ which was confirmed by the burning of 
the amphitheatre (Dio Cass. Ixxviit. 25). They 
were celebrated in the temple of' Vulcan outside 
the city (Plut. QuaesL Bom. 47= p. 276) on the 
23rd of August (C. /. L. i. 400). [L. C. P.] 

LUDUS LITTERA'RIUS (aiawricaXcioK), 
a school. 

1. In Gbsboe. — The education of children in 
y/^ — Homeric times is not definite enough to come 
under our subject t it may, however, be noted 
that the sons of princes are represented in 
Homer as being trained under some instructor, 
not only in msrtial exercises, which would cor- 
respond to the palaestric course in later times, 
but (to take the instance of Achilles) also in 
something answering to rhetoric, under Phoenix 
<i7. ix. 4i4X whom Plutarch (do Educ. Lib, 12) 
calls vtuBaytryhs 'AxtAX^r, and in music and 
medicine under Chiron. The latter being repre- 
sent<ed to us as an instructor of boys away from 
their homes, may be said to give the earliest 
hint of anything like school teaching. Passing 
to historical times, we must draw a general dis- 
tinction between Doric and Ionic races. In 
Doric states (for instance, Sparta and Crete) 
there was much gymnastic and little mental 
training. A boy at Sparta was taken from his 
parents* control at seven, and his subsequent 
traming was supervised by the Bidiaei, under 
whom (with the real management) was the 
Paedonomus [Bidiaei; Paedonohi]. This re- 
ferred, however, only to bodily exercises and 
chorus*8inging. The state took no heed of 
literary education, and, if any was to be gained, 
it was a private concern of the parents. Many 
no doubt learned to read and write, and acquired 
some amount of simple arithmetic; but even 
this was far from being universal. In the 
Jfippiad Major, p. 285 C, it is said that few 
Spartans knew any arithmetic. Music, how- 
ever, all learnt, the cithara and flute, and espe* 
cially singing in chorus. 

In Ionic states more attention was paid to 
literary culture. It is a question how far even 
among lonians literary schools were ordered or 
controlled by the state, and it is still more 
doubtful whether they received state payment, 
or rather it is tolerably certain that the cases in 
which they did so may be regarded as excep- 
tional. There is, however, abundant evidence of 
the importance attached to schools in Ionian 



states, even in early times. Herodotus (ri. 37> 
mentions a school of 120 boys at Chios in the 
year 500 B.O. ; and lso important was school 
education regarded, that, when the Athenians 
went to Troezen during the occupation of Athena 
by Xerxes, special provi^on was made to supplv 
teachers there (Plut. Themist, 10). That educm- 
tion was reganled as a necessity appears eTen 
more clearly in the decree of the Mitylensbeans, 
given by Aelian (vii. 15), that the punishment 
of disobedient allies should consist in the pro- 
hibition of schools. Diodorus (xii. 12) tella ns 
that Charondas (between 600 and 500 B.o.) passed 
laws for Thurii to the effect that all boys should 
have literary teaching at the public expense 
(X^PTyo^trtis r^r v^Xcc^r robs fua^oht tm S<Bd> 
tTKoXMSj ^ikafit 7^ Tohs iat6povf kwotrrmfyh' 
ff^vdoi r&v KoXXUrrmy irenfiwftjdrwii). This is 
important testimony is to state regulation and 
state payment, if it can be accepted as authentic 
histoiy. Most scholars deny that these laws 
are genuine, though others (as Gdll) do not alto- 
gether reject them. It is to be feared that their 
date must be regaided as uncertain. As regards 
later times in Greece, it is clear from Polybius 
xxxi. 17 that there was state payment for ednca- 
tion at Rhodes, since the Rhodians devoted a 
gratuity of Eumenes, king of Pergamus, to that 
purpose; and we learn from an inscription at 
Teos that in the last century B.C. there was in 
that island a payment for three ypofifuprddf 
hdo'itaXjoi to teach bojrs and girls fixed at 600, 
550, and 500 drachmas, two for the gynmastic 
school at 500 and a musical teacher at 70O : a 
rich man of the place, Polythrus, had given the 
state 34,000 dr. to ftirther the education of the 
poor (Hirschfeld, Hermes^ ix. 501; FrSakers 
note on Boeckh, Staatshawih, ii. 35*). We may 
pass from Greece in general to Athenian ednca- 
tion, as the most important branch of the sub- 
ject, and that on which we have most informa- 
tion. It does not appear that there was nnj 
state pavment of schools at Athens before the 
Roman Imperial age, when Hadrian endowed 
chairs of rhetoric and philosophy (Gibbon, v. 91, 
ed. Smith). As regards state control, there was 
eertainly a law of Solon fixing an oUigation on 
parents and guardians to provide for the edaca- 
tion of boys (Plat. Qrit SOD). Tbe neglect of 
this duty was noticed by the Areopagus, and 
brought at least some public stigma. There is 
no evidence of any penalty, and Becker thmks 
that it was merely an injunction, and that the 
only consequence of neglect was that the parents 
lost the right of claiming support from their 
children (cf. Aeschin. TimarciL § 13). The pas- 
sage in Plato, Legg, vii. p. 804 C, is a Utopian 
scheme, not a statement of existing institutions. 
On the other hand, there is the question whether 
the public officers, the Sophronistae and £pi- 
meletae, exercised any functions of inspection 
which would give the state a control. It is 
usual to think that they had nothing to do with 
schools (Sidoo'icaXciB), though something with 
the gymnasium (see GiSll on Becker's CAoviiUes, ii. 
56). And this agrees with Aristot. Pd, v. (or viii.) 
1 (=rp. 1336), where Aristotle desiderates public 
superintendence of educatiott rather than leavin|;» 
it in private hands, **• as ii it now " : but Odrtins 
{Sist of Greece, m 385) believes the Sophro- 
nistae to have been appointed about 459 B.C. (at 
the same time as the NomophylacesX to take 



LUDUS LTTTEBABIUe 

oT«r that part of the Areopsgitie duties which 
nUttd to orderly public life, and especially to 
tae edccstioii of the young. And Ki^inkel, in 
*fle note mentioned abore, cites a decree of 
uvam, which pnises Dercylos for his efforts as 
tiiyaify ^ i in the cause of education ; and this 
MBS to imply some kind of state interference. 
Whether, howcvw, state officials controlled and 
ispected schools or not, there is no doubt that 
fteiiBf and custom made some considerable 
oMmt of litenry education unirersal for boys 
It AthiBi. For firls there were no schools; 
vkst they did learn was from their mothers 
or from female aU^es, and consisted chiefly in 
B^al works, such as spinning : that sometimes 
at say xite they learnt to read and write may 
be faihersd from Dem. c Spud, pp. 1030, § 9, and 

iau,§2i. 

Sekial penod, — ^At the age of six, when the 

bof was strong cnoogh to do without a woman's 

cue, be was entrusted to a paedagogus [Paeda- 

€0901]^ who coDducted him everywhere, — to 

<hool to the palaestra, lie,— carrying his books 

mi other school requisites. (Cf. Plat, de Leg, 

Tii. 808 D, who says that, if animals haye care- 

UseiB, of coune the boy must, *< being the 

msit enmaiMgeable of all animals.") There is 

t kiniiier notice of the genus schoolboy and his 

pngnM to school in Lucian, Am. 44, which is 

vertk queting : ipBptos iumtrrks 4k t^s i/C^ov 

njrv T^y diii rwy hmtdrmif Uri KatKhv ftryor 

ymMpan 8B«ri Xtr^ Kcd X"^^"^^^*^^^ '^^ 

XAaii6s rm$ iwmfdots it^wau ffv^pi^ca kw6 

T^t TorMtos i^rims i^ipx^M ndrtf KtKtf^f 

cat n^9U T«F Awayridnwr 4^ 4rarriov wpotT' 

Mfnar, &a^Xo«^M 84 loil iroitoywyef, . . . 

csrrfiiig tablets, books or lyre.'* It is true that 

IS the same author we find ff$cv0p»nhs turrtp ol 

(tf liSaraaXsM ^orrwivf f, and of the severe dis- 

deiiM of cane and rod we hare evidence from 

Inst. SfA, 972, Xen. Anah, ii. 6, 12, &c. The 

M^soi began early in the morning and ended at 

naict,seeording to Solon's law (Aesch. Timarch, 

§ 12 ; cf. Plat. Ugg, vii. 808 b ; Thuc vii. 29) ; 

bit thers was an interral for the ipiarov at 

niidsy (Loeian, de Paratit. 61). In grammar 

ttssU the Musea was a school festival (see 

TbBsphrast. 26 and Jebb's note). And there 

vm holidays at great festivals, so much so that 

is tbs month Anthesterion there was compara- 

tntly little achooV-time (Theophrast. 22> 

SdjecU. — The regular school course (iyKi- 

■Am ««i8f(a) was intended to convey, besides 

oere reading and writing, a knowledge of the 

pwts, and proSdency in music and gymnastics. 

la the Soeratic age some mathematical training 

*u sddsd, and at least a knowledge of simple 

xntkawtie was nniveraally imparted {Hippias 

Jfe^. 38SB; Plat. legg. vii. 819 C). This 

oen reckoning, however, was taught mainly at 

biiBc Vf means of a calculating table [ABACUS ; 

Locsnci]; and accordingly Aristotle (/'o/. v. 

"T TiiL 1) ipeaks of three usual subjects, ypdf/^ 

ffn, YSfwaoTuc^ and fioutrtie^. (In Plato fiov- 

n^ raid indnde Tpdji^cvra.) The elementary 

'^^4a% lesson was sometimes made easy and 

^'tnctive by methods like those of the modem 

^w dg ynte w, the use of ivory letters, ftc (Cf. 

^ £s9^ vii. 819 D.) Grasberger cites from 

^Mttatus {VU. Soph. ii. p. 240) a device of 

^■vdei, who gives to a weak pupil twenty-four 

^spaiMs named from tho letters of the 



LUDU8 IJTTEBABnJS 



95 



alphabet, Tra 4y roir r&p wtddt^p hv6fuccri rk 
ypdfifupra a^^ ficXcr^o. For the method of 
teaching writing, aee Plat. Protag. 326 D. The 
literary course consisted of reading and explfdn- 
ing the best poets (Plat. Protag. 1. c), such as 
Homer, Hesiod, Tbeognis, Phocyllides; but of 
these especially Homer. In Xen. Symp. 3, 5, 
Niceratus says, " My father, to make me a good 
man, compelled me to learn all the poems of 
Homer, and now I could say by heart the whole 
Iliad and Odyssey." (Cf. DloChrysost. Or, zi.4.) 
This poetical training was intended to impart a 
knowledge of mythology and philosophy (espe- 
cially through the Tyw^iou), as well as taste and 
power of expression. Of course time was freer, 
since thex« was no language, natural science, or 
history to be learnt. 

To this literary course was sometimes added 
special teaching in tactics and strategy for those 
who looked to a military career (Plat. Euthy^ 
dem. 273 C; Xen. Mem. iii. 1), and drawing 
was taught before the time of Aristotle {Pot. 
1. c.), having been, according to Pliny, intro- 
duced by Pamphilus (the teacher of Apelles) 
first at Sicyon, whence it spread over Greece, 
and was regarded for all sons of citizens a most 
important branch of education — slaves might 
not learn it (Plin. IT. N. zxxv. §77). It was 
chiefly correct outline drawing without colour, 
on boxwood tablets. The musical teaching 
began at 12 or 13, and was so ordered that the 
pupils might appreciate and accompany lyric 
poetry. Aristotle, in the book cited above, says 
that, while the literary education and the 
drawing are useful for the mind, music is to be 
maintained on the ground that, though of no 
practical use, it provides a noble and liberal 
employment of leisure. It should be observed 
that the instrument taught was the lyre : the 
flute, a favourite instrument at Thebes, and 
once commonly learnt at Athens, was tabooed, 
except for professionals, about the time of the 
Peloponnesian war. Aristotle (/. c.) gives 
reasons for this. The iiZaaKa\ua lasted till 
1i$flf Le. till 16; and afterwards for those of 
the richer classes, who wished for advanced 
learning, came the schools of the rhetoricians 
and Sophists, who taught various departments 
of knowledge. Curtius (Hist, of Greece, ii. 414) 
remarks that ''the training was for life in 
general: the palaestra lessons fitted them for 
military exercises: power of judgment and 
readiness of speech came from their poetic 
studies : the music learnt at school was useful 
in sooial meetings, where the lyre passed from 
hand to hand." And it is easy to see that the 
literary course above described qualified the 
Athenians to take an intelligent and critical 
interest in their great dramas, and indeed in 
literature and art generally, such as was 
possible for no other nation as a whole in 
ancient or modem times ; though there is some 
justice in the remark of Professor Mahaffy, that 
the development of the system led to elegant 
trifling and intellectual idleness (^Social lAfe 
in Greece^ 835). Such questions, howeVer, need 
not be enlarged on here. They belong rather to 
Greek history. 

Place of Education. — ^The schoolroom itself 
was called <i8ao'ira\eiOv or vat9aytay€tor (Dem. 
de Cor. p. 313, § 258; Pollux, iv. 19, 41); also 
^K*6r, or ^Xc^f. Hesychius gives curtly the 



96 



LUDUS LITTBEABniS 



omnbilMticn of mcaninn ^ti\tir- MwnaXtitni- ti 
oE ri htpb mirifiroi. Same indeed miialain thM 
the raiSayiiytior iru only tn utte-room, where 
the paedagogi ut md waiMd; but Giubergcr 
(vol. li. 20T) Tcmarki that it wu unlikely tbu 
■0 poor m ichool u that of Elpini woold have la 
ante-room, and cites Philntr. Va. Saph. ii. 263, 
to ahow tliat the paedagogi >at trith their 
charge). In Roman timai ceitalsly we have 
Remmiiu Palaemon, as paedagogns, learning 
more than the ichoolboTa from the leuon (SoeL 
Or. 23). Some ichools had not eren one room, 
bat wen held in the open aii, as bj DioDjaiui 
the jronnger (Qell. IiL 5); cf. Anth. Or. li. 
11.437! 

r^^n^f mivir Pin ■» lUfa Myw. 4 

Bnt thil i> onljr in tho cue of the Tery 

rr : even the father of Aeachine* ii describetl 
Demoithenea ai in a echoolroom, and De- 
moathene) contraata that eatabliibment with the 
reipectable (wperi,iievTa) Khoola to which he 
went himwlt The boji aat on benchn (^fu), 
the maiter on a chair (flpJvoi). See the nrther 
nnattiactive pietare in Liban. It. p. SG8, where we 
are told that the matter "sita aloft, lik« adicait, 
with an awful Iiowd and an eipreaiion of impUc- 
abl* wrath, before which the pupil moat tremble 
and cringe." In the raaa-pictace gi-ren below, tie 




,eo\. (Fr 



•ee the Tariou department!, each group repre- 
■eutlng a elan: <1) repetition of poetrj; 
(2) mniic leuon on the lyre (where both teacher 
and pupil lit, and both hare laid aiiide the 
AumfuH to glre free play to the arm>} ; (3) the 
writing maiter with a tablet (or poulbly a 
maater comcting an eierciie); (i) a linging 
lenon, where the maater ii not teachitig the for- 
bidden flute (tee above), bnt aiTJng a note from 
it. On the walla are articlea of the ichool 
appuatni. — book-roll, lableta, lyre, geometrical 
lutmment (7), drinking vease], baaket forbooka. 
It ia a diiputed queation whether the leated 
■pectatora are government inapectota, paedagogi 
or parenta, and the qnettion ia to impouible to 
decide, that the pictara unfortunately ci 



LtJDCB UTTEBABIUB 

be made an argument for the preKnce or any 

one of the three at the lenon. 
Payment. — The poor italni of the AtheniaD 
ihoolmaster (>pafifUTiirH|i) ia eufficieBtiy in- 
dicated by the line ffroi T^SrqKeF 1) >iS<Li-hi 
'tuata (Hcinek. Fr. Incert. 453 = Zenob. 
t. iv. IT). He waaill-faid, and often did nM 
ire hii payment at all (Dem. c. Ap^ob. i. 
128, § 46; cf. Theopbrut- 22). This does 
apply to the Sophista in the more adranced 
•ol, who were able to charge ai much aa 100 
aa for their complete courae to each pupil 
Boeckh, Slaala/uiut. i. 154): and the cbsira 
founded in later timei by Hadrian had % 
itipend of lOOminae a year attached to them. 
*'2. Soman. — At Rome, education, though not 
ade obligatory by any law, waa alwaye, so far 
> our Icuowledga eitendi, coniidered of im- 

EDrtance. In early dayi, however, the father 
imielf generally taught hia aon. (" £r«t 
aotem antiquitua inititutum ut a majoribiu 
remua . . . anni caique parena pro magislro 
" Plin^fp. viii. 14: cf. F]auU Jlott. i. S, 
42.) So Senioa Tullina ii aaid to hare becD 
tanght by king Tarqain (Cic, dc Sep.- ii. 21, 
37); and of Cato the elder it ia aaid, aa part of 
hii eo na arv a tiam, atrrit tUr fr yft^ifimrtFrtit. 
airTit Ii HiiaiiSairritt, aitrit U yaiirarriit to 
hia own Ion (Plat. Cat. Maj. 20)« This old 
^^ning no doubt consiited mneh in living with 
the father and learning hii buainaia of public 
life ; but there waa bI» direct inatmetion in 
reading, writing, and arithmetic (i.e. reckon- 
ing), and in aaying by heart the twelve tables 
which formed a aoit of catechiim to the Roman ~ 
of the old achool. Thui Cicero aayi, " diaccba- 
moi paeri lii tabolat ut carmen necenarimn ;" 
though he adda with regret, "quae Jam netno 
dticit." Bnt it of CDurae often happened that 
the father wanted either the ability or the in- 
clination to teach hia aon, and ao arose thp 
cuatom of wealthy parenti emplojing educated 
dart* or IVeedmen aa private tutota at home. 
Liviui Andronicna, late in the 3rd ceBtary ilc:, 
waa 10 employed by Liviui Salinalor : Angmtiu 
10 employed the freedman Verrioi Flacciu to 
teach hii grandioni; ind in lome eaaei, when 
the teacher wai a ilava, hii maater let him 
t«ach a claas of outaiden and lO made a proiit 
(Pint. Cat. Mnj, 20)a For thia private tnition 
in early timea. aee alio PlauL^BaaA. lu. I, 37. 
It i* probable, however, that even in the earliest 
timea there were achooli to which thoae who 
could neither teach thomielvei nor provide com- 
petent ilavei aa teachera, tent tbeir childreo, 
boyi and glrla alike. Plutarch {Sm 
preaenta nomaloi and Remua aa leu 
a echool at Gabii Sra wi) robi it y 
and, in Icaa purely legendary timea, th 
reaaon to diicrtdit the account of Virginia going 
to adiool (Liv. iii.> 44), or of the achoola at 
Falerii (Liv. v>i,44) and Tuiculum (Liv. ,tL 25} 
early in the 4th eentnry B.C. 

Agaioit thia haa by acme been adduced the 
paaaaga of Ptatarch (Quoaaf. Aol'M), which 
itatea that Sparina Carviiina wai Uva Srat 
person who opened a achool iffaiiimraltBa- 
uKaXtlar) at Rome, B.C. 231: but PluUrch 
probably only meant that Carviiina waa the 
fint gnrmnatiaa or teacher of the more ad- 
vanced literary achoola, which came in along 
with the ioSoeDce of Greek literatnr*, and be 



( -tryoif&Tui, 
.there ta 



LUDUS UTTEBABIUS 



LUDU8 LITTEKAEIUS 



97 



de«s fiot ikenbf negative the elementary 
scbools mentioned hj lArj (and indeed by him- 
j«]f elscvheie) as existing much earlier. It is 
ceeMsarj therefore to distinguish (1) litteratoTj 
cr ma^tsUr lUierarius (^^ypafi/iorurHii), the 
clrasnUry schoolmaster ; (2) grammaticus (also 
ktfntv$\ a more advanced teacher ; (3) rhetor, 
T31I dutinction explains Apnl. VF7or. 20: 
** prima cratara UtUratoris mditatem eximit, 
lerada grammatid doctrina instruit, tertia 
rhtioris eloqnentia armat." So Augustin. 
Cmfat, l>13^ 1: "adamareram litteras, non 
^ns primi magitiriy sed qnas docent qui gram^ 
maOci Tocaniar.** Prirate teachers were em- 
}lcjid io later as in older times, hj many men 
•f high station, but still, except the imperial 
ladljf it was common for those of the highest 
njk to send their sons to schools. Thus we 
ini SalU sending his son Fanstus to the school 
b vhich Ga»iifs also was being educated (Plut. 
BnU. 9); and Anaonius, a man of the highest 
nsk ia the state, recommends school education 
12 a passage dted below. The question whether 
ham« or sdiool education is to be preferred is 
IwMed, by Quintilian (/ns«.>Or. i. 2), with a 
r?^ilt in favour of the latter, and the arguments 
ci cither side have a striking resemblance to 
thon which are naed at the present day. 

^^.— The elementary schools and those of 
the jraswuiiei were usually in a verandah partly 
^n to the street, and the schoolroom is 
tttordiBgly called pergvla (see Marquardt, 
iVwatWea, 93,giot«), UAema^ or porticus (Suet. 
♦>.Vl8; Juv.vxi. 137; liv. iii.v44, vi. i£5 ; 
lomeiL pro IntL Sckoiv 20). Hence the noise 
0^ tesdiing and of punishing was audible 
ttrongh the street and annoying to the 
neighboon (Mart. zii. 57, &cQ. Boys and girls 
Tve tavght in the same school, as is shown 
lUke hy passages such as Mart. viiLv3, ix. 68 ; 
<>id. TritL si. 369, and by old paintings which 
hir« bees discovered. 

S<:hod4mt. — The school began early, even 

he&re dawn, when ^nondum cristati rupere 

rJatit^Ui" (Mart. ix.»68); so that the boys 

b»ight lampa with them (Juv. viL 226): 

^«rc was a break for the prandium (Lucian, de 

^is. 61X after which the school was con- 

^^ved. Eilch boy was accompanied from his 

^'B2e by his paedagogus, or slave (who acted 

"^ & lort of privnte tutor, both in regard to 

rmtrol and not unfreqnently in teaching), also 

'^'rf cart'.s (Juv. vii. 218 ;>cf. Hor. 8at:^\. 6, 

^). ud by an inferior slave called capsariasy 

t^^g the books and tablets, the " custos 

»a?Btae veraula eapsae" of Juv. x.Mft, who is 

"^ distioguished from the paedagogus. (Cf. 

^t. Str, 36,vhnd Mayor's note on Juv. /. c.) 

J^renal b &VHi. 222 ff. describes for us the 

^Jjwlnwin (which was, as was said above, 

^enlly ia a sort of verandah) ; the busts of 

J^PMto Uat^ened by smoke from the scholars' 

oapB, the master seated on his chair (oaMedWi), 

nile ha dass stood before him or sat on 

!^^«i {jnAtdUay We hear also of wall-maps 

^ » rn&arkabls passage of Eumenius, a teacher 

J^Qtaa at the end of the 3rd century: 

'^ hoys should have daily before their eyes 

^^« vails all lands and seas, all cities and 

j*W comprehended under onr empire: for 

u^Bsnt and position of places, the distances 

■<^«a them, the source and onAow of rivers, 

TOLIL 



the coast-line with all its seaboard, its gulfs and 
its straits, are better taken in by eye than ear '* 
(jpro Jrutaur, Schoi, 20^ cf. Propert. vj^, 37). 
There were also tables of authors and of dates 
hung up (see Marquardt, Privatleben^09), 

Discipline, — ^That this was generally severe 
may be seen from the line of Juvenal (Lt45), 
" et nos ergo manum ferulae subduximus," and 
from the abundant illustration given by Pro- 
fessor Mayor on that passage. Zonaras mentions 
that the prince Arcadius was flogged by 
Arsenius without apparently any objection from 
the Emperor Theodosius. Arsenius, however, 
seems to have been a private tutor, teaching 
only the emperor's children. Quintilian (ih-3, 
14) argues against corporal punishment "^ 
altogether. On the other hand, prizes were 
given to encourage the industrious — some 
valuable or prettily got-up book : " praeposito 
praemio quod virtus auferret. ... Is erat liber 
aliqnis antiquus, pulcher aut rarior '* (Suet/<7r. 
17). Grasberger (ii. ^35) cites an inscription 
found near the Porta Salaria about Q. Sulpiciua 
Maximus, who at the age of 1 1 } won a prize 
against fifty-two competitors for Greek verses 
about Phaethon. Prizes are mentioned also at 
Athens in the Roman period for the best f/Kii- 
fuov or essay. Few passages will better give an 
idea of a Roman school than Idyll iv* which 
Ausonius (once tutor to Yalentinian's sons, but 
afterwards a count of the empire and consul) 
addresses to his grandson, just going to school 
(line 27) : 

** Tu qnoque ne metuss, quamvis schola verbere mnlfeo 
Increpei, ei trocalenta senez gerat ora msglster. 
Nee matuitnls agitei formtdo sub horla. 
Quod sceptrom vibrat ferulae, quod multa supellez 
Yirgea, quod fallax scnticam praetexit aluta. 
Quod ferveiit trepldo sabaellia vestra tumultu. 
Haac ollm genitorque tuus, genetrlzqne secutl 
Securam placido mihl permnlsere sa&ectam." 

Schocltime and Holidays, — ^The Roman school 
year began on March 24th, after the Quin- 
quatria, when the new boy brought his entrance- 
fee {Minerval, see Tertullju^fe Idol. 10 ; Juv. x. 
116, and Mayor's note). Sometimes the money 
for the whole previous year was brought then 
(Juv. vii.^42), but (as appears from Uor.vSat, i. 
6, 72) it was usually paid each month ; and this 
u prescribed by an edict of Diocletian (C /.\&. 
iiL 831). The regular holidays or vacation 
were the week at the Saturnalia in December 
and the five days at the Quinquatria in March, 
but there was also a holiday on each nundinae 
(Varr. ap, Non. 133 ; Suet. Or, 7), and at the 
time of the important games. This is indeed a 
very much shorter estimate of holidays than 
that which Marquardt gives (^PrivaU, 43), of 
four months* continuous holidays in the summer ! 
But his view cannot be accepted. He bases it 
on two well-known passages : (1) Hor. 8ai, i. 6, 
75, from the reading, ^ Ibant oeUmis referentes 
Idibus aera;" (2) Mart. x. 62, '< ferulae . . . 
cessent et idus dormiant in Octobris." As 
regards the first passage, there is little doubt 
that we should read o^onos^ aeris, which must 
have been the reading of Schol. Cruqn., *' Hoc est 
singulis idibus referebant octonos asses aeris," 
and of Acron, "Octonis (-os ?) numos pro mercede, 
octonos asses aeris, quia ante Idus meroedes 
dabantnr." For the expression we may compare 
Cic. pro £o$c. Com, 10, 28, <<daodedm aeris," 

H 



98 



LUDU8 UTTEBABIUS 



and Plin. U. N. xir. § 16, <«octom8 aeris 
rendere." Horace is contrasting with Rome the 
countrified school where boys carried their own 
books instead of having a capaariuB, and paid a 
▼ery small sum. Martial, eren if the passage 
were taken to convey a fact, would not convey 
what Marquardt postulates, since the poet 
represents the schoob as going on at any rate in 
July, and therefore expressly excludes the four 
months. But in truth Martial makes no state- 
ment: bored by the noise of a neighbouring 
school, doubly tiresome in hot weather, he is 
expressing a wish, which he never expects to be 
fulfilled. There u therefore nothing in these 
passages to discredit the plain inference to be 
drawn from the manner in which the Quin- 
quatria and Saturnalia are spoken of as the 
principal holiday-times for schoolboys, though 
neither lasted more than a week. 

SybjecU, — ^The school life began usually at 
seven years of age (Quint, i. 1, 15); but no 
doubt in most cases there was some earlier home 
instruction. Tacitus {Dial, 29) mentions, with 
no approval, the custom of having a Greek 
maid, like a b<mne, for children to give them an 
early familiarity with the Greek language. In 
the elementary schoob the course consisted of 
leading, writing, and simple arithmetic (Cf. 
Augustin. Conf. i. 13, 'MUas primas ubi legere 
et scribere et numerare discimus.'*) Quin- 
tilian (L 1, 26) mentions the system of making 
the reading lesson attractive by using ivory 
letters, as above in Greek schoob. The writing 
lesson was on a wax tablet, with lines or furrows 
(su/cO to guide the hand (Quint, i. 1, 27). 
Arithmetic (as we know from Horace, A. P. 
325) was of great importance in the Roman 
judgment, and we find from an edict of Dio- 
cletian that the arithmetic master (paiculator) 
was paid more highly than the teacher of read- 
ing and writing. (For the method, see 
LraiBTiGA.) In the schoob of the grammarians 
(which we may assume, acconUng to the 
passage quoted from Pliny, to have b^n started 
by Sp. Carvilius) came the study of poets. Thb 
school differed from the elementary school, 
because that was training merely for the bare 
necessities of practical life, while the grammar 
school (if wo may so term it) was nearer the 
ideal Greek training, an eruditio liberalii or 
<<Uberai education" (Qc Tuao. ii. 11, 27). The 
central point was to read with full explanation 
Greek and Latin poets (these were sometimes 
dutinct under ymmmo^ict Graed and Zcrfmi): 
the boy must first learn to read the poet with 
understanding and with correct emphasis. It is 
clear that the Romans, like the Greeks, laid the 
greatest stress on elocution. Eloquence under 
the Republic was the only avenue to power 
(Tac J)iaL 37 ; FriedlXnder, vol. iv. 7) ; and 
the school was intended to train the utterance 
as well as to supply a flow of words, ^'os 
tenemm puoro balbumque poeta figurat." This 
is abundantly shown in Cicero and Quintilian 
paanm^ and perhaps better than elsewhere in 
Ausonius, Id» iv. 45 : 

" Perlege qnodeanque est memorablle ; priva monebo 
Oondttor Illados, et amabllls orsa Mensadri 
SvolvendA tlbl : ta flexn et sconUne vods 
Imrameros nmnene doetis acoentlbas effer, 
Adfeetosqne Impone legens : disttncUo sensom 
Angst, et Ignavls dant Intervalla vigorem." 



LUDU8 LITTEBABros 

\nth thu obiect the master read over t 

passage and made the class repeat it, as we i 

from the frequent reddere didata^ i.e. to rejn 

passages after the master (Hor. Ep. L 1, 5 

L 18, 13). Thb b expressed also by the wc 

praeUgere (Mart. i. 36 ; Quint, i. 8, 8). Besi< 

this, however, the passage was thorougl 

threshed out as to its meaning, its metre, 1 

questions of geography, hbtory, mythology, a 

ethics connected with it (Quint, i. 4, 4; C 

Verr. i. 18, 47 ; Tac Dial. 30). Hence Cia 

says of these schools of grammaticif ^ In gra 

maticb poetarum pertractatio, hbtoriarum cc 

nitio, verborum interpretatio " (de Orat, L i 

187 ; cf. Juv. vii. 231). The questions rait 

were, however, often extremely tririal, **t 

name of Anchises' nurse," &c. (Juv. vii 23 

see the instances in Mayor's note in /oc). Th< 

were also learning by heart and practice in ve] 

composition: prose belonged to the rhetoi 

school, vhen that was establbhed as sepan 

from the grammatical. As regards the auth< 

read. Homer universally held the first ph 

(Hor. Ep. ii. 2, 42 ; Quint, i. 5, 8; Plin. Ep. 

14), and next perhaps the favourite w 

Menander (Ov. I^ist, ii. 23 ; Auson. /. c\ tu 

then the great tragedians. We have an accoa 

in Stat. Silv, v. 3 of the books read in the scho 

kept by the father of Statins at Naples ; and tl 

list comprises Homer, Hesiod, Theocritus, Pindi 

Ibycus, Stesichorus, Sappho, Corinna, Csll 

machus. It b possible, as FriedlSnder remark 

that at Naples, as a town preserving Greek Ii 

and habits, Greek literature might be nol 

deeply studied than elsewhere. The Lstl 

authors most read in the let century vrei 

Virgil, Horace, and Lucan ; Statins lived to s< 

hb own works read in schoob (I'heb. xii. 810' 

A reaction took place as to the literatoie 

vogue about 100 jLD. (see Grasberger, vol i 

p. 204 ; Friedliinder, vol. iv. p. 20), M > 

place of the authors of the Augustan age, ti 

older prose writers and the poets of the 3i 

cent B.O.— Gracchus, Naevius, EUnins, Pbutq 

Acdus, and Lucilius — were adopted as schoo 

books. Thb was at the time when Hadrian pn 

ferred Cato to dcero, Ennius to Virgil (^ 

Hadr. 16). Pronto^ the teacher of MarcB 

Aurelins, was a leader in the demrecbtion of u 

Augustan writers (see Teuffel, Bkt. of Bow 

LU. § 351 ff.). Music began to be stvaie 

towards the end of the Ist century — a mark ( 

Greek influence (Sen. Ep. 88, 9 ; Suet. T^ 3) 

and the above course, with the addition < 

geometry, formed what Quintilian (i. 10? ^ 

calls the iyic^Kkios muMa with which Ui 

majority were content. Many, however, pw 

oeeded to the school of the rhdor. Like tb 

school of the grammatieus, thb was origiow| 

formed after the Greek pattern. The etfl 

Latin rhetors, Plotius, &c were not apprvvH 

and the censors in ac. 92 closed the Uu 

schools of rhetoric, because, as they allege<lf tbcj 

were a pretence for idleness. (Suet. .^A^^/ 

Gell. XV. 11). Cicero {ap. Suet. Met. 2) ttft»fi« 

to the superior teaching of the Greek rArior« 

In these schoob prose authors took the pl*^ ^ 

poets: but the principal part was the fif^ 

exercise, which, for the beginner a mere pjroe 

narrative, passed on to the d^lamatiO' ^ 

easier kind of dedamatio was mtaaoria^ on *^ 

hbtorical and mythological subject, wlopti^ 



LUDT78 TBOJAB 



LUPEBGAUA 



99 



rww oo this or that story or point of 
^stoTT and arf ning it (see Jav. L 16). They 
Almoed to oamirooertiae or decUmations on 
A&tse le^ point. (See Friedllinder, voL iv. 
p. 23, Frendi tnmalation.) Pliny (£^. ii. 3) may 
:« R^erred to for a description of a celebrated 
•'^tffor^tbe Isaevs alluded to in J9y. iii. 74. 

T^ statas and emoluments of the school- 

asacen, grammatigtae and grammatioi alike, 

vvre low. Orid calls them ^tnrba censu 

rraadsu:" compare the porerty of the fismous 

<J7&iIius, described in Saet. Or, 9, and especially 

JzT. Sat TiL 228-243. What their ordinary 

a^ VIS, camiot, howerer, be determined. In 

lAioetiaa*s time (when their poaition was 

pccbably better than when Jnyemd wrote), the 

m^mmnm fee for the grammaiuies from each 

^ptl was 50 denarii a month, and for the 

-rimnatictu 200 (C. /. L, iii. 831).* The rketor 

s^toM to have reoeired twice as mnch as the 

j^immaticuSy and his emoluments were increased 

IT the state endowments began by Vespasian 

^Soet. Vetp. 18). Remmins Palaemon is dted as 

ia instance of a wealthy gratmmaticus, and by a 

rkst'jr wealth was more often acquired. There 

werv, beudes, the toms of fortune, of which Ja- 

ri!3al speaks (rii. 197X And of which the Emperor 

Pertinai (once a gramnudicua) and Ausonius 

aif.jrl iostaaoes. (See Mayor's note on Jay. L c) 

For the literature on this subject, the most 

isipoitsnt Latin and Greek authors hare been 

Cited in this article: a long additional list will 

W found in Qrasberger, toI. iL p. 12, whose 

wcrk, JSrzi^^Mng wui Unterricht m ckusiachen 

Mifrihakf forms the most complete modem 

icthehty. See also Becker-Goll, CharildM, ii. 

:::* f. ; GoU's dzcoraus on Becker's GcUhts^ 

7 1 iL pp. 61-114 ; an excellent popular work 

v: Eiumner, Laben wad SitUn der Or, ; Mar- 

<turdt PrwOUbeti, p. 80 ft [G. £. M.] 

LCDUS TBOJAE. (Trojae Lupus.] 

LU'HIXA. [Sebvttoteb.1 

LUPA'XAB. ^AUFOKA, VoLI.p.3886.] 

LUPATUM. [Fbenuii.] 

LUPEBGALLA, probably the most ancient 

<f th« Boman iestiTais, was held erery year on 

tfec 15th of February, In honour of a deity who 

is described aa FanmrnM or Fun by Orid (^FatUf ii. 

'iyihH)^ Inuu$ by Liry (L 5\ Luperau by 

Jcstia (xliis. 1, 7>f The later Bomans had lost 

tbe Bccret of the/ god's real name, and their 

le^Alin merely made gueaset about it, which 

tn rrpresented in the names aboTe giren; 

FisBBs betBg brought in through his supposed 

eofinezioB with the Palatine hUl, Inuos being 

<a chicure deity of the same character as Faunus, 

uj Laperens probably a mere inrention, based on 

xki cmt of the festiyaL Remembering the great 

£«ltiplicsty and fluidity of the names of Roman 

i^iUes, sad the tendency to ayoid fixing a god's 

^^Qe in ritvai, we may hesitate to form a con- 

jcsioa wlwre the Roinana themselyes were un- 

c^rtsia. (Xder is suggested by Seryius on Am, 

^ 343, ^sHio also says that others held the 

^^iaity in qnestion to IM a deus belUoontM,) The 

z'ftenl chaxseter of the rites suggests an extreme, 

T^i«tb}TercBapre-Roman,aatiquity; and though 

'^ BfeaninK can be in part explained, they do 

* DkodctfaalB preHa sra sH In the cofper denarius s 
'K7««agtoHiiliscfa)ab(mt Aofapenny. Henoethe 
'^2e«ar«a9dsn.sUshi]llnek (See Xarqusidt, 
iLM.) 



not suggest any particular deity as specially 
concerned in them. 

These rites were as follows : — On the day in 
question the members of the two colleges of 
Luperci (see LuPEBCi) met at the caye of the 
Lupercal, under the Palatine, where Romulus 
and Remns were said to haye been nurtured by 
the she-wolf, where (according to Justin, /. c.) 
there was a temple and an image of the deity 
girt with a goat-skin — most probably of com- 
paratiyely late origin. Here they sacrificed 
goats and young dogs (Plutarch, QtMiest Bom. 
68 ; Horn, 21), and at the same time were ofiered 
the sacred cakes made by the Vestal Virgins 
from the first ears of the preyious hanrest (Sery. 
JEd, 8, 82). Then two young men of birth, 
themselyes perhaps members of the Luperci, 
were brought forward : these had their foreheads 
smeared with the knife still bloodv from the 
yictims, and then wiped with wool dipped m 
milk, after which they were obliged to laugh. 
They then» or other Luperci, girt themselyes 
with the skins of the* slaughtered goats, and 
feasted luxuriously ; after irhich they ran round 
the Palatine hill, striking at all the women who 
came near them with strips of skin cut from the 
hides of the yictims. These strips bore the 
name of febmoy a word applied by the Romans ' 
to many kinds of instruments of purification. 
(For the aboye details, see Plat. Bom, 21, 
Caeaar 61 ; Dion. Hal. i. 79, 80; Val. Max. jl, 
2, 9 ; Oy. Fasti, iL 267 ; Jay. Sat. ii. 142.) i 

The immediate object of this striking wks 
belieyed to be that of rendering the wom^n' 
fertile — and this is confirmed by a considerable * 
number of parallels in classical antiquity (see 
liannhardt, Mytholog%»Ghe Fonchungen, 113 
foil.) — and at the same time was regarded as a 
purificatory rite, or as a luttratio of the Palatine 
city round which they ran (Tac Ann, xii. 24). 
This is a combination o^ ideas which is not hanl 
to explain, if we recollect that other processional' 
ceremonies of the Romans (see Lubtratio) had 
the combined objects of purifying, ayerting evil, 
and fertilising land, people, or city. Other 
parts of the festiyal are, howeyer, extremely 
didScult to explain. In the smearing of the* 
young men's foreheads with blood, we may 
see a reli^ of human sacrifice, which actually 
occurred in the somewhat similar worship of 
the Lycaean Zeus in Arcadia ; or this may haye 
been a symbolic or quasi-dramatic act, signifyiug 
that the young men had died, like the yictims,, 
but had gained a new life with the wiping off 
of the blood — a resuscitation which may haye- 
been marked by the rule that ther should laugh 
at this poial" in the rite. If this latter explana-- 
tion were true, the thing mnbolised would be. 
the reyiyal of tlie powers of fertilisation with the 
return of spring (Mannhardt, op, cU, p. 91 foil.)* 

The girding on of the goatskins may possibly 
be partially explained by certain similar usagel 
in which the priest wears the skin of the yictim 
he has slain. By some this is referred to totem- 
worship— the god himself (cf. Justin, L c.) and 
his priests wearing the skin of the sacred totem 
(Lang, Myth Biiiud and EelMon, ii. 177 and 213 ; 
.Robertson Smith, s. e. Sacrifice, in JBncycL Brit.). 

The yictim should, in these totem sacrifices, 
be the animal which represents the deity, and so 
far the poptdar conception of Faunus bears out 
the yiew aboye giyen, when we see the statue of 

H 2 



100 



LUPEBCI 



LUPKBCI 



the goat-footed deitj clothed \u the skia of the 
sacriticed goat. (Compare the clothing of the 
ram-faced god Ammon ia the skin of a sacrificed 
ram, Herod, ii. 42.) As to the sacrifice of the 
dog, it is perhaps simplest to connect this also 
with the pastoral use of that animal as protector 
of the flocks, rather than to refer it, as Preller 
does, to a worship of infernal powers. (He cites 
the case of Hecate.) While, however, there is 
much to be said for the probabilitr of these 
views, they are at best conjectural, fhus much 
seems at any rate clear, that the rites are those 
of a primitive pastoral tribe occupying at first 
the Palatine, and that they were understood to 
bring fertility and security not merely of flocks, 
but of the whole people : for the running round 
the pomoerinm is clearly meant to include the 
whole existing state. 

While (probably) the most ancient festival of 
Rome, it was also the festival which lasted 
longest. We find it celebrated in the 5th pentury, 
apparently with the approbation of the Emperor 
Anthemius (Gibbon^ vol. iv. p. 28 IX uid finally 
prohibited, A.D. 496, by Pope Gelasius, who is 
thought by some to have ordered the Christian 
festival now held on February 2 (originally 
Februarv 14), in order to make the populace 
forget the pagan rites of purification connected 
with that month. The date, however, at which 
this Christian festival was first instituted b 
not quite certain. It is worth noticing, as 
bearing on the significance of the Lupercalia, 
that in these later times popular superstition 
Talued them as piacnlar rites which were a r^e- 
guard against pestilence. This seems clear 
from the arguments against them which are 
used in the letter of Gelasius (see Flenry, 
Histoire Eooi€s. zxx. 41). In addition to the 
authors cited in the article, reference may be 
made to Marquardt, Staatnerw, iiL 442 ; Preller, 
Sdm, Mythd, 342 ff. [W. W. F.J 

LUP£<RCI were the members of a very 
ancient, perhaps the moftt ancient, corporation 
of priests at Rome, which also outlived the other 
institutions of the old Roman religion. An 
account of the rites which they superintended 
will be found in the preceding article [Luper- 
calia]. As regards their institution there 
are two separate legends ; one ascribing their 
foundation to the Arcadian Evander (Liv. i. 5 ; 
Ov. Feat, ii. 423 ; Plut. R<mu 21^ the other to 
Romulus and Remus (Ov. Fast. ii. 361 ; Plut. 
L c). It is probable that both are untrue. It 
seems that the idea of a Greek institution is only 
an attempt of later times to connect this priest- 
hood with the worship of the Greek pastoral god 
Pan. They were said to be priests of Faunus, the 
Italian deity of flocks and herds, and Evander is 
perhaps merely a translation of Faunus, <Hhe 
favourer *' (see Marquardt, StaativenDalttmg, iii. 
439). It is probable, as Marquardt points out, 
that the connexion with the legends of Romulus, 
though much older than the Qrecising legends, is 
more recent than the institution of the priesthood, 
and arose from the fact that the neighbourhood 
of the Lupercal was connected with many tradi- 
tions about Romulus, the Ficus Ruminalis, Casa 
Romuli, &c., and also from the compoiftid lupus 
in the word itself, just as those who adopted 
Greek tradition found an argument in the word 
A^KOuu The name of Faustulus, it is to be 
noticed, in the Romulean legends, has the same | 



meaning as that of Faunus. We can have ] 
doubt that the priesthood belongs to the o 
tribal settlement on the Palatine, and de 
its name from neither of the above-menti 
legends. Rejecting many improbable de: 
tions, such as luere-oapra (Servius), lupa-pct 
(Arnobius), lues-paroere (Unger)^ lupus^k 
(Schwegler), we may adopt as the most Ii 
origin of the name Luperci, that w 
Mommsen {Hist, of £ome, i. 176) and Mai^n 
prefer, lupm^rceo : i.e. ** the protectors oi 
flock from wolves.*' The priesthood wm 
the hands of two collegia, of which the sot 
were called respectively Luperci Quincii 
(or Qmndialas?) and Luperci Fabiam, or m 
times Quinctilii and Fabii. In other vi 
originally it was a gentile sacred rite, and 
in very ancient times under the exclusive ch 
of these two gentes, although that attachn 
to a particuLur gens lasted only in the u 
and was retained neither in respect of 
members nor the ox|;anisation. So far as regi 
the second collegium, there is no difiicuit; 
understanding it of the gens Fabia (cf. Pro| 
V. 1, 26), though Unger {Shmn, Mus, 11 
pp. 50 ff.) seeks to connect the name i 
februare; but there is more doabt about 
signing the other ooUegiom to the gens Qu 
tilia. It may be assumed that these Lii|> 
ranked before the Fabian; for this prio 
of rank will explain the legends which at 
bnte ^e Quinctilii to Romulna and tkeFi 
to Remus (Ov. Fast, ii. 373 ; Vict, de 
22), and the name might bo regarded 
fairly settled, if we could satisfy oorsel 
whether the Quinctii or the Quinctilii were 
older. Mommsen {HisL of Rome, i. 51 ; < 
Staatsrecht, i. 560, note) and Marquardt (pp. o 
take the Quinctii to be the old gent, 
Quinctilii a later introduction from Alba ( 
which the authority is Dionya. iii. 29) ; i 
they cite also an inscription (Orelli, 2233 
a L L, vi. 1932X «'lupercus Quinctiaiis vetfl 
and the coincidence of the praenomeo Ka 
belonging to the QuinctU and Fabii aloMy i 
possibly derived from the thongs with vh 
the Luperci strike (paedunt), as proving t| 
the name should be Qmnctianus or Qv*^* 
from the Quinctii, not QmnctHianus, as tiio< 
from the Quinctilii. We have, however, on J 
other hand, the fact that Livy (i. 30) gi^^ 
the opposite account to Dionysius, and na 
the Quinctii come from Alba ; and that { 
ancient authorities, except the inscription 
give the name Quinctilii or Quinctiiiani toJ 
priesthood. We can hardly therefore 
Mommsen's view as proved beyond a M 
We shall be on more certain ground in ai»t 
that this gens, whether the Quinctii ot\ 
Quinctilii, exercised the priesthood in this ' 
ship on the Palatine for the Mtmtani, an<^ 
them, when the tribal communities «' 
mated, were joined the Fabii for the 
rites on behalf of the CkMinL (That the Fl 
gens belonged to the CoUini is shown by 
having their sacra gentilida on the Qui' 
Liv. V. 46, 62.) Possibly the Fabii used oi 
ally their separate sanctuary on this hill i« 
Lupercalia, but there can be no doubt tt 
associated worship of the two oolleffia of ti 
(as afterwards of the third also) wss la^ 
Lupercal on the Palatine — ^the only ^^i 



LUPUS FEBBEUS 



LU8TEATI0 



101 



caTe ID the western angle of the 

PalttiDc, tb« aite of which cannot be positiyelj 

HrDtiaed, where the rites in the festival were 

ht^. It WIS in later times adorned with some 

Bu>seiirr, perhaps a portico at the entrance ; for 

R tf «teted in the inscription of Ancyra that 

A^ttstns rebuilt it. (See Middleton's Home, 

f. .'>7 ; Bom's JRcmg md Campagna^ p. 156.) 

h\'tra Csesar, in the beginning of the year 44, 

idd«i a third corporation of priests called the 

l-q-tTzi Jvlu (Dio Cass. zliv. 6; Snet. JtU..76), 

K J assigned to them rerenoes which the senate 

iftcr his death took away (Gc. PhU. ziii. 15, 32), 

i»i of this ooUeginm Antonins was magitter. 

Xhf aaamption from this is that each of the 

mWtpk bad its own magigter, though in in- 

Kfifitions we find only ** magi:»ter laperconim " 

vithent distinction. The word tetna applied to 

I htffrcn (as in the inscription giren above) 

Kr3» no doabi that he belonged to one of the 

t*^ older corporations. The members (jtodakM, 

iralpoi) were ordinarily of the equestrian rank, 

nrflj senators (cf. Mommsen, 8taat8rtchi, 1. c.). 

I'aitr the Republic they were probably (like the 

fpitrtt Artak$) ooopted into the body, but 

VemiDiieD thinks that under the Empire they 

vere appointed bj the emperor. Some have 

BBMTted the office to be terminable, on the 

authority of two inscriptions, which seem to 

pT« *^ hpercus ttenam," ^ lupercus ter " (C. /. X. 

ri. 49S; 2610), but the wording and significance 

«; thew are by no means certain, and llarquardt 

Mieres the office to have been for life (as was 

abe the office of the Fratres Arralee). It is 

aiie qitttioDable whether this priesthood existed 

a aar Italian town except Kome. The in- 

loiptkaa found in Tarious munidpia perhaps 

ftcsrd merely the names of men who belonged 

tB ice of the three ooUegia at Rome, and who 

^t^t the title in their new domicile. At any 

ntt^, we hare no mention of the festival being 

^«li aajwhere but at Rome. Of the manner in 

^hek the functions were partitioned among 

lu diflereat collegia we have no record. For 

u MCMuit of the rites which they celebrated, 

w LuTBBCAUA. (In addition to the works 

ated abore, reference may be made to Preller, 

i-^^ Myth. III.) [G. E.M.] 

lUPUS FE'BBEUS, the grappling-iron used 

^r the besieged in repelling the attacks of the 

^»g«r5, and especially in seizing the battering- 

'^ tttl diTcrting iu blowa. [Aries. J (Liv. 

""li. 3 : V»^et. de JU MU. ii. 25, iv. 23.) [J. Y.] 

U'STEATIO (/no, to purify), called by the 

Ci ^'a aoAi^is, is a term which covers a great 

'^Anetr of ceremonies in the religions usage of 

tte udcau : of these only the most remarkable 

A'^-i best attcrted can be referred to in this 

^^^^e. It should be remarked at the outset, 

tut ecRmooial purification, which is found in 

*oc shape among peoples of all stages of 

^^clcpmeDt, may be traced to an origin in 

^'* Mcesaitiea of bodily ablution, especially in 

^fsexion with certain well-marked events in 

tzsm life, sDch as birth, marriage, bloodshed, 

<J bviftl. There gradually follows a transi- 

*-^'*fnai practical to aymbolic cleansing, from 

^***^ of bodily impurity to deliverance from 

•^jmble, spiritual, and at Ust moral evir* 

^^y^: ^rmOke Cuiture, ii. 388). 

Jul transiUon was complete by the time at 

*<Jd Greek and Roman literature enables us to 



become acquainted with the rites of this kind 
practised by the two peoples ; bat the primitive 
idea may be often noted underlying usages which 
had lost their original meaning. Cicero reflects 
this idea in the following remarkable passage : — 
^ Caste jubet lex adire ad deos, animo videlicet, 
in quo sunt omnia; nee tollit castimoniam 
corporis, sed hoc oportet intelligi, quum multum 
animus corpori praestet observeturque, ut casta 
corpora adhibeaatar, multo esse in animis id 
servandum magis; nam illud vel atperticnd aquae 
vel diernm numero toUitur; animi labes nee 
diutumitate evanescere nee amnibus ullis elui 
potest '* (cfe LegUms, ii. 10, 24). 

The various usages of lustration may con- 
veniently be grouped under the following heada : 
— 1, purification necesaary before entering holy 
placea; 2, purification from blood-guiltinesa ; 

3, purification at birth, marriage, and death; 

4, purification of houae, land, city, or people, on 
certain stated occasions, or with some special 
temporarr object. 

1. Both in Greece and Italy we have aufficient 
evidence that worshippers could not enter a 
temple without a previous symbolic act of wash- 
ing. Even before engaging in ordinary prayer 
this was proper, as may be seen from Homer, 
Od, iv. 750 (cf. 77. xvi. 228 ff.); ^ut in temple- 
worship it was indispensable. At the entrance 
of temples were placed vessels holding pure 
water (vcpippayr^pia), in which the worshippers 
dipped their hands ; or the water was sprinkled 
over them by a whisk, frequently a laurel- 
branch (Bdtticher, Baumkuitus der HelUneny 
p. 353 ; Lncian, Sacrif, 13 ; Pollux, i. 8). Sea- 
water or spring-water was preferred ; and salt 
was sometimes added to fresh water (Theocr. 24, 
95). Temples were usually placed near running 
water, for convenience (Bdtticher, Tektonik der 
Nellenen, ii. 485). In Latium the word deh*- 
brum signified the space before the temple where 
this purification was performed (Serv. ad Aen, 
iL 225) ; and it was as indispensable as in Greece, 
as may be clearly seen from Livy (xlv. 5, 4) : 
''Cam omnis praefatio sacrorum eos, quibus 
non sint purae manus, arceat" (cf. i. 45, 6, 
where the prieat of the temple of Diana, on the 
Aventine, requests a Sabine who wished to sacri- 
fice there, to bathe in the Tiber in the valley 
below). The temples themselves were no doubt 
kept pure from defilement in the same manner 
as the worshippers ; for we find that the Vestal 
Virgins daily sprinkled that of Vesta with some 
kind of mop (which is represented on coins) and 
with water brought from the holy springs of 
Egeria or the Camenae (ef. Eur. Ion, 101). For 
farther information about this kind of lustration, 
see K. F. Hermann, Griech, Alterihumer^ vol. ii. 
sects. 19 and 23, ed. 2 ; Marquardt, Staatsvervfol" 
hmg^ vol. ili. (ed. 2), pp. 154 and 175. 

2. The notion that blood -guiltiness could be 
removed by symbolic purification was not appa- 
rently indigenous in Greece, for it is not found in 
Homer (Grote, Hitt. of Greece, i. 21). Miiller 
(Eumen. § 53) takes a different view. In later 
times, whether the murder had been voluntary 
or not, it waa indispensable (see Lobeck, Aghoph, 
968, where passages are collected) ; and is fami- 
liar to us in the story of Orestes, both from the 
Eumenides of Aeschylus and from numerous 
painted vases. Herodotus (i. 35) tells us that 
the KdBapais of the Greeks was identical with 



102 



LUSTRATIO 



that used by the Lydians, whence it has been 
inferred that the Greeks borrowed the idea from 
Lydia ; and considering the strong negative evi- 
dence of the Homeric poems on the point, it is 
not unlikely that the practice of expiation from 
blood-guiltiness may have been of later date, 
and suggested by Eastern inflnences. There is 
no certain sign of it in Roman antiquity ; the 
so-called lex regia of Numa, quoted in Festua 
(221, B. ▼. parnGidd)f makes no mention of it ; 
and it would seem that a murderer was totally 
and permanently excluded from temple-worship 
(Liy. xlv. 5, S\ though this cannot be regarded 
as fully proved by the evidence. When Ovid, 
in the well-known lines, "A nimium faciles 
qui tristia crimina caedis Fluminea toUi posse 
putetis aqua " {Fastij ii. 45), refers to the Greek 
belief and practice as based on a delusion, he is 
perhaps reflecting not only the opinions of edu- 
cated scepticism, but also the view which was 
natural to the Roman mind. 

3. Purification was necessary after the birth 
of an infant, as is shown by the Roman expres- 
sion dies lustricua for the day (the ninth after 
birth for a boy, the eighth for a girl) on which 
the child received its name (Macrob. i. 16, 36 : 
" Est autem lustricus dies quo mfanUs lusirantw 
«t nomen accipiunt *'). In the corresponding 
Athenian rite of the Amphidromia, we are not 
informed of any such lustration, except that the 
women who had attended at the birth then 
washed their hands (Suidas, s.v. iifi^i9p6fua) ; but 
the practice of some form of baptism is so uni- 
versal (Tylor, Prim. Culture, ii. 389 ff.) that we 
may be justified in assuming it. At marriage the 
practice of lustration is clearly seen in Greece : 
both bride and bridegroom bathed, on the day 
before the wedding, in water brought from 
41 holy sprine (e,g. Callirrhoe, at Athens), to 
signify that tney entered the married state in 
purity (Pollux, iii. 43 ; Schol. Eur. Phaen, 349). 
So at Rome, the bride, on arriving at her hus- 
band's house, was sprinkled with lustral water 
{Festus, p. 87), and her feet were washed (Serv. 
ad Aen. iv. 167). In Greece, after a death, all 
who were in the house, and all who subsequently 
came in contact with the corpse, were contami- 
nated and in need of purification {Odyss. x. 481 ; 
Eur. Iph. Taw. 380), and a cask of water, called 
ko^iviovt was placed outside the house with this 
object (Pollux, viii. 65). Among the Romans we 
find the same ideas prevailing in funeral rites : a 
day was fixed on which, by sacrifices and other 
ceremonies, the polluted household was cleansed. 
This was called "feriae denicales " (Festus, p. 70; 
cf. Cic. de Leg, iL 22, 25) ; a pig had been pre- 
viously sacrificed at the grave (Cic. U c.) to render 
it holy ground. 

4. From the illustrations given in the three 
preceding paragraphs it will have been seen 
that the idea of the necessity of purification, in 
the simple and ordinary sense of the word, and 
as symbolised chiefly by some act of ablution, 
was one which pervaded the whole life of the 
individual and the family, both in Italy and 
Greece. The words KoBeupfiy and lustraref how- 
ever, were applied to a great number of other 
purificatory rites on a larger scale, and occur- 
ring either on days fixed in the calendar of 
religious operations, or on peculiar occasions, 
which concerned certain portions of land, cities, 
or a whole community of individuals. It is by 



LUSTBATIO 

no means clear in all these rites, how far tlj 
leading idea is simple purification, or expiatid 
for some crime or other taint, or even a kiij 
of dedication to a divinity for the purpose i 
procuring good fortune, e.g. in agriculture \ 
in war. Doubtless these ideas ran into eatj 
other, and were not clearly distinguished in ii 
minds of those who took part in the rites i 
the time when we first become acquainted wit 
them. A few examples, of which the mo\ 
instructive are the Italian, will serve to shoi 
the nature of the rites, and to give some idj 
of their object or objects. 

Of extraordinary purifications of this kioj 
the most famous in Greece were : 1. The wo^ 
done by Epimenides at Athens after the Cyloni^ 
massacre, described by Plutarch in his Life \ 
Solon (ch. 12; cf. Diog. Laert. i. 10, 3); tl 
details are uncertain, but the general charact^ 
seems to have resembled that combination i 
actual and moral purification which v^ 
wrought on the worshippers in the Gre^ 
mysteries. 2. The purification of Delos by t){ 
Athenians in the year 426 B.C., with the objej 
of releasing their own city from the plague ail 
the wrath of Apollo. All dead bodies we^ 
then removed from the island, and it w^ 
decreed that neither birth nor death sbon) 
take place there in future (Thnc iii. 104] 
With these examples may be compared tl^ 
Roman om&ur&nim, which, unlike other rites i 
the kind at Rome, seems only to have beei 
celebrated on occasions of great distress, a^ 
for example, after the battle of the Treb^ 
(liv. xxi. 62, 7). Victims were led round tbj 
city wall and sacrificed, accompanied by thi 
Pontifices, Vestal Virgins, and members of tbi 
other priestly colleges. (Lucan, L 592 S.\ 
Festus, p. 5.) 

Of regularly recurring lustrations we Bai 
the best examples in Italy ; but they also too 
place at Athens. Every meeting of the Ecdesu 
was preceded by a lustration (T*ptartd)t when w 
vtpurrlapxos sacrificed young pigs, which wen 
afterwards thrown into the sea. [EoCLESUj 
Vol. I. p. 699 6.] Of the great Athenian M 
tivals, some at least had the object of pnn^ 
fication: such for example was the harres^ 
festival of the Thargelia (5t€ KoSalpowf'^ 
'ABfiwaun rV v'^^Xtv, Diog. Laert. ii. 5, 23), oB 
which occasion two men called ^apfuucol wen 
driven out of the city as KolOdpcta (Harpocrsti 
8. V. ^)apfjMH6sy 

Of parallel rites at Rome we have ©ort 
certain information. Sometimes it was tw 
land that was the object of lustration, whetbet 
the land of a private owner or the land of tb« 
state ; sometimes it was the people, whetbel 
brought together in the form of a p«bl»c 
assembly, or in the form of an army or nec^ 
Of the lustration of a farm we have an a«»uD* 
preserved in Gate's treatise de Be Bustiea (§ ^D- 
The euovetaurUia (offering of pig, sheep, and ox> 
were driven round the fmn, libations offered to 
Janus and Jupiter, and a fixed form of p»r^^ 
used to propitiate Mars, the special deity of tue 
agriculturist. This was doubtless the origin" 
and simplest form of this kind of Instratio, tor 
we find exactly the same ritual applied to t&e 
land of the state on the 29th of May each y^v 
in the Ambarvalia [AmbarvauaJ of wnicn 
the best description will be found in verg* 



LUSTBATIO 



LUSTBUM 



103 



<j€ar^ L S46. The great inscription from 
igvrjam in Umbrifly which consists of exact 
rfguUlMOs snd formnlae to be obserred in a 
(•rocauoo round the land of that dty, offers a 
fuallel case of lustration from North Italy, 
aad a more mioate description of the kind of 
ritnal is use than we possess from any other 
worce. (See Br^ TcJbUs JSugubincs^ p. 
xeL £) 

A complete lustration of the whole Roman 
feo(*l« took place at the end of erery luatnunf 
vaen the oenaor had finished his census and 
before h< laid down his office. This took place 
n: Ike Ctmpiu Martius, where the people were 
assembled for the purpose. The sacrifices were 
cAfried three times round the assembled multi- 
tusie, as in the Ambarralia they were carried 
r>cnd the land (Dionys. HaL iv. 22> All 
hasaaa armies before they took the field were 
Iratiated (Dio Cass, zlrii. 38; App. IRst, 19, 
ADi B. C !▼. 89) ; and as this solenmity was 
(Tobably always connected with a review of the 
troops, the word Instratio is also used in the 
fl«fi3e of the modem reriew (Cic Att, t. 20, 2). 
Tse rites customary on such occasions are not 
Befitioaedy but they probably resembled those 
with which a fleet was lustrated before it set 
ail, sad vhich are described by Appian (^B. C. 
T. 96). Altars were erected on the shore, and 
tJie Tcsaels manned with their troops assembled 
cktic at hand. Silence was kept, while the 
piiests carried the purifying sacrifices (icalidpa'ta) 
i& boats three times rotmd the fleet; these 
acrifiees vera then diyided into two parts, one 
of which was thrown into the sea, and the other 
bsrst on the altars, while the multitude prayed 
to the gods. (Cf. liv. zzzru 42 and uiz. 27, 
vkoe Jso a prayer is recorded such as generals 
as6l on these occasions.) 

Tbe eiamples given in the foregoing account 

<re to be taken only as selected illustrations of 

« TCT large and widespread series of purifica- 

'<CTT ritesw There were indeed few religious 

eereaoDies either in Greece or Italy of which 

«aw kind of lustration did not form a part ; for 

d tbe simple idea of purification became con- 

M<^ with other ideas, such as fertilisation, as 

Q rites of qnring and summer, or the averting 

«f «til from a community and its property, the 

t3*U over which its influence extended became 

ttatinoally enlarged. It may be studied in the 

Ortd Mysteries, which had as their chief object 

t^ renoval of moral evil from the minds of the 

vonhippen, aimI were accompanied by pre- 

hwaaxTf rites of a purely lustiml character ; in 

tae Beechie rites, where fire, sulphur, and air 

VCR ascd as means of purgation, besides water 

{Sm.adAm. vi. 741); in the Palilia of the 

B^nas, where the flocks and herds were made 

V) ym through the fire, as a means both of 

p3xi&cstaon and fertilising ; in the Lupercalia in 

tae Booth of February, which was the special 

*<*»s of purification (februum=an instrument 

f pBrifyiag) ; in the singular ceremony of the 

^^Ba 00 th« Ides of May, called by Plutorch 

"tb greatest of the purifications" (Qwtnt, 

^ 86X snd in many other rites. 

^artides on the festivals above mentioned 
*? W refierrad to for further information : and 
*^ geneial subject of lustration, for Greece, 
^l^tta, Orieeh. AUerthSmer^ vol. ii. sects. 19, 
'^vd 24; for Borne, Marquwdt, SkiaUvenpal- 



tung, vol. ill. (2nd edit.), pp. 200 ff., and Preller, 
Bdm. MythoL (3rd edit.), vol. i. 419 ff. [W. W. F.] 
LUSTBIGUS DIES. [Lubtbatzo, p. 102 6.] 
LUSTBUM. The term Itutrum primarily 
meant a purification by sacrifice. Varro (X. L. vi. 
2) explains it thus : "lustrum nominatur tempus 
quinquennale a luendo, id est solvendo, quod 
qninto quoque anno vectigalia et altrotributa 
per censores persolvebantur." The derivation is 
probably right, but the explanation is wrong. 
Paul. D. 120 savs, ''Cum ejusdem vocabuli 
prima syllaba producitur, significat nunc tempus 
quinquennale, nunc populi lustrationem.*' In 
the regal period this sacrifice without doubt 
had been one of the duties performed by the 
king in his capacity of priest. Thus Livy 
(iv. 44) represents king Servius Tullius as cele- 
brating the first lustrum in 566 B.a when ho 
had completed the census. ("Censu perfecto 
edixit, ut omnes cives Romani in campo prima 
luce adessent. Ibi omnem exercitum suovetau- 
rilibus lustravit: idque conditum lustrum ap- 
pellatum, quia is censendo finis factus est. *) 
Under the early Republic it was naturally per- 
formed by the consuls, who represented the king 
of the previous epoch. When with the growth 
of the state the duties of the consuls had Targelv 
increased, and it was found neceasary to establish 
the censorship in 443 B.a (or 435 B.C., according 
to Mommsen), the duty of performing this rite 
devolved on the censors. The latter held office 
not from hulrwn to /usfmm, but were appointed 
at intervab of five years [Censor]. They 
entered on their office in April, and by May of the 
following year they had completed the census 
and their other duties. They then celebrated 
the lustrum^ without which, according to some, 
their official acts were devoid of authority 
(Mommsen, Staatsr. ii. 322). The lustration 
[LuBTRATio] took place in the Campus Martins. 
All the men of military age were assembled 
there ; thrice round them were borne on spears 
a boar, a ram, and a bull (tuoveiauriiid), which 
were sacrificed by the censors to Mars for the 
fulfilment of the vows made by the preceding 
censors. One censor at the same time offered 
fresh vows for the coming years. They then led 
the whole host to the city gate, and as a mark 
of the completion of the ittstrum drove a nail into 
the wall of a temple (that of Mars Ultor since 
the 2nd century B.a), and then deposited the 
new register of the citizens in the treasury. 
After this the censors immediately laid down 
office. From the fact that the lustrwn took 
place (as a rule) everv fifth year, the term was 
likewise applied to the period of five years pre- 
ceding. The solemn rite was thus regarded as 
completing this qumquenniwn, and hence the 
term condere hutrum was used to describe it. 
But though it was usual to hold it every five 
years, its celebration was by no means invaria- 
ble. Sometimes the rite was omitted on religious 
grounds, as we learn from Livy, iii. 22 : " Census 
actus eo anno, lustrum propter Capitolium <^p- 
tum, consulem occisum, oondi religiosum fuit " 
(cf. Livy, xxiv. 43), and probably from other 
causes likewise; for the Fasti CapitoUni, in 
whidi are entered the censors, and the letters 
L F attached to the names of those who com- 
pleted this rite, show that, although the cus- 
tomary interval was five years, not unfrequently 
six and seven years elapse, or sometimes only 



104 



LYCAEA 



four between each celebration. According to 
Livy (x. 47), i& the period between the lirst 
appointment of censors (443 or 435 B.O.) and 
294 B.a, there had only been twentj-iiz pain 
of censors, and only twenty-one lustra. In later 
times the ceremony was probably simplified. 
Cicero (da Or, ii. 66, 268) says, ** lustrum condidit 
et taurnm immolavit." The last celebration of 
a lustrum took place under Vespasian, 74 A.D. 

From the interval between the lustra being 
usually five years, the term Itatrum came 
gradually to be used as a general expression for 
a period of five years. But, according to the 
Roman method of computation, the phrase guinto 
quoque anno might mean every four years. Thus 
Cicero (de Or, iii. 32, 127) calls the Olympic 
festival ^maxima ilia quinqueunalis celebritas 
ludorum." Thus likewise the Roman priests in- 
terpreted the quarto quoque anno of the Julian 
Calendar as meaning every three years (Macrob. 
i. 14, 1). Hence from the earliest times there 
would be a vagueness in the use of the term. In 
the writers of the Augustan age, who commonly 
use lustrum in its general sense, we find its use 
fluctuating. Ovid, for instance, uses it for a 
period of five years {Amor, iii. 6, 27 : *' nondum 
Troia fuit lustris obsessa duobus "). In Fasti, 
iii. 119, he uses it in the same sense when 
describing the year of Romulus ("mensibus 
egerunt lustra minora decem "), but in the same 
poem (1. 165) where he is explaining the Julian 
year and the intercalation of the dies bisse.ctus 
(''hie anni modus est: in lustrum accedere 
debet quae consummatur partibus una dies"), 
lustrum must mean a period of four years. 
Again, from IVist, iv. 10, 96, and Epp, ex Pont. 
iv. 6, 5, we find that he identifies the Roman 
lustrum with the Greek Olympiad (" in Scythia 
nobis quinquennia Olympias acta est : jam 
tempus lustri transit in alterius "), just as 
Polybius (vi. 13) uses ircyracnypls to translate 
the Latin lustrum. The later writers seem to 
use it only as a period of four years. Pliny 
(i7. N, ii. § 47) twice uses it of the four-year 
Julian cycle. We also find on inscriptions the 
intervals of four years between the Capitoline 
games instituted by Domitian described as Itu- 
tra; and Censorinus (18), when defining the 
lustrum or annus magnuSj ^eems< unaware that it 
ever differed from the Olympiad, or denoted any 
other period than four years. [\V. R.] 

LYCAEA (X^icaia), a festival celebrated by 
the Arcadians in honour of Zeus Avkcuos on 
Mount Lycaeus. The account given by Pau- 
sanias (viii. 38) is that it was founded by 
Lycaon, son of Pelasgus, and that besides the 
games (of which we have no particular account) 
there was a sacrifice to 2^us of a child, whose 
blood was poured over the altar, after which 
Lycaon himself was turned into a wolf, and he 
records the tradition that ever after at the annual 
festival a man was turned into a wolf for a 
period of ten years, or, if he tasted human fiesh, 
for life. (Pans. viii. 2 ; cf. Angustin. de Civ. Dei, 
xviii. 17.) It is not improbable that these wehr- 
wolf stories, however ancient, are a perversion 
of something older still from a false connexion of 
the name with \iSKoi, and similarly that the 
references to the sacrifice as a rite of the pastoral 
Arcadians as a protection against volvesy like the 
Roman Lupercalia (cf. Plut. Caes, 61), &c., are 
equally illusory. It is more likely that the 



LYRA 

name of the mountain belongs to the root Av;; 
" light," as in the Attic hill Avac^^irvTof, witli 
which we may compare many mountain namti 
of other countries, such as the Strahikom. Tbes« 
names come from the fact of the mountain peak 
catching the sunlight first and retaining it last 
It is a remarkable coincidence that Pausanias, 
speaking of Lycosura, the town founded by Ljcaoq 
on the Lycaean mountain, which he odls tbe| 
most ancient in Greece, uses the phrase jcol ravr^i^ 
clBcy 6 ^\tos wp^inip. In accordance with tbi^ 
origin of the name, the worship was the earliest 
Pelasgian worship of Zeus, represented by nd 
statue, but dwelling in light on the summit oi 
the Lycaean mountain, where was the altar oi 
human sacrifice on the highest pointy with tvQ 
pillars standing eastward of it surmounted iu 
later times by two golden eagles. Below tb« 
altar was a grove, which no man might enters 
where it was believed that no shadow could fall, 
and in the grove the holy spring 'Ayiw, iu 
which the priest in time of drought dipped sd 
oak-bough after sacrifice. (Pans. viii. 38.) 
The sacrifice was particularly connected witfai 
prayers for rain ; and it is probable that bumai^ 
sacrifices were retained to a late period. Paa<H 
sanias does not mention their discontinuance, 
and says, M ro&rov rou fimfwv rf AvKoi^ Ail 
Ovoviruf 4y iiropfrlrnp, woKuwpajfunnia'ai th off 
ftoi rdk is tV Ouifiajf ^86 ^k, 4x*^^ '^ *** ^X*^ 
Kol &s iirx^P H ^X^' *^^ contests seem to 
have included horse-races and foot-races ; for 
Pausanias mentions in front of the grove of] 
Pan on the same mountain inr69pofios nal 
ffrdJUiop, where at one time the Lycaean festiral 
was held. [G. £. M.] 

LYCEUM. [Gtmnasium.] 

LYRA (Lat Jides), a lyre, the chief stringed 
instrument used in Greek music. Two main 
varieties are known to us from ancient art and 
literature, viz. the lyre (X^pa) properly so 
called, and the cithara (luSdpa), 

The distinctness of the lyre and the cithara 
mav be shown from 
Plato {Sep. iii. p. 
399 D, Xiipa H 
coi, ^y d* 4y^, 
ical KiBdpti XcfircTcu 
jrar^ w6\Mf Xfh" 
ffiiio^t and from 
Aristotle, who ex- 
cludes the cithara 
from education 
(Poi. viii. 6 = p. 
1341, 18, ol^c ykp 
abXohs CIS ircuSe^oy 
ijcriow oUt* &\Xo 
T^xyifchif Hpyayoy, 
oloy KiOdpay K&y cf 
Ti roiovroy Zrfo6p 
iirny), Mytho- 
logists generally 
taught that the 
cithara was in- 
vented by Apollo^ 
the lyre by Hermes 
(Pans. V. 14, 8). 
The difierence be- 
tween the two in« 
struments seems j^^^ (BIsncfainL) 

to be sufficiently 
ascertained from the representaticns of tbeo 





LYRA 

ixai 00 todent monniDenti, especially painted 
Ttmtf OQ vkich two well-marked types can 
be traced. Oiie of these answers 
closelj to the description which 
the author of the Homeric hymn 
to Hermes gives of the lyre 
UTented by the youthful god 
(if. Merc 41 E). The lower part 
or body of the instrument consists 
of a tortoise-shell, or of a wooden 
case in which the original tortoise- 
shell is more or less faithfully 
___ #0^ reflected. In this shell are fixed 
■id KoDcr.) two curved arms (v^x'^) ®^ horns, 
joined at the upper end by a cross- 
btr ({vyUy, The strings pass from the shell, 
rrcr s bridge or fret of reeds (S^JMUccf), to the 
ivyiw. Tbe instruments of the other type are 
Ur^er, sod show a decided advance in point of 
aiatraction. The shell is replaced by a wooden 
aw, usually square or angular, and instead 
{■{"horns" we find the sides of the case pro- 
loo^cd upwards, so that the whole frame- 
work sets as a resonance box of considerable 
fovtf. Now, it is clear from the evidence of 
the oMQuments that the first of these was the 
:&struiwnt of education and of every-day life ; 
vhilc the second was the '* technical instrn- 
n^nt," seen in the hands of professional players 
(oAi^floO, who wear the long robe proper to 
TDBsieal contests and other festival^ The first, 
tiMrefore, must be the lyre, and im second the 
uthsra. 

The early history of the lyre and cithara is 

rtUcure. In Homer we find a stringed instru- 

wat oilled the ^6p/uy^, used especially to 

tfc«mpany singing or epic recitation (koiBlf). 

^'e also hear, somewhat less frequently, of 

tbe ^$§pa : but there is no trace of a difierence 

^veen them. The rerb popiU(w is used of the 

K^l^ff ((ML L 15H-i:>5); and conversely we 

hi the phrase ^pfuyyi KiBaptftuf (77. xviii. 

^9). The word Kipa is poet-Homeric: it oc- 

nn osee in the Hymn to Hermes (1. 423), but 

'^Ms not seem to have been in common use 

W«Tc the time of Pindar. It is worth noticing, 

u I eoasequence of the comparatively late date 

«f the wordy that the derivatives \vplCm, 

^itfT^s, Lc^ are unknown in good Greek, 

*^{m sad «0afi0T^f being always used of 

^ Irre sad cithara alike; just as x^^'^Sy 

'broczc-snuth,** was applied to workers in iron 

u well s» in the older metal. It would be rash, 

^erer, to infer that the Homeric instrument 

nttsbitti the cithara rather than the lyre. 

^e luj toppoae that the later form of the 

athsnwss developed gradually, retaining the 

erigiDAl name, which therefore included all 

^vietici, until the new word \6pa came into 

^t^e for the commoner and more primitive 

^>cl The suthor of the Hymn to Hermes 

n^'^Ms only one form, that of the lyre, to 

«b:h he applies the terms KiBapis and ^pfuy^ 

M «elL The identity of the KtBapts and the 

iTTt is also maintained by Aristoxenus, the pupil 

•f Ahstotle (Ammon. de cUff. Toe. p. 82, ict$apts 

^ Vy<^ * xtBapis ydp ^<my ri Kvpa k. r. X.). 
Raiding the original number and tuning 
■^theitrii^ contradictory accounts were cur- 
^^ According to one statement in Diodorus 
(*- l^)t Hermei was the author of harmony 



LYBA 



105 



of sound, and in that character invented a 
lyre with three strings, answering to the three 
seasons. The same author elsewhere (v. 75) 
says that Hermes invented his |yre in place 
of the cithara, which Apollo had laid aside in 
remorse for his cruelty to Marsyas. According 
to the Hymn to Hermes (1. 51) the primitive 
lyre was one of seven strings : 

On the other hand, the increase of the number 
of strings from four to seven appears to be 
claimed by Terpander, in two lines attributed to 
him: 

<roi ft' iiiUtt rrrp^yiMnn' ««ooT^p{dyrcc imM» 

A different account, however, is given by 
Aristotle {Probi, xix. 32), where he touches on 
the question why the interval of an Octave ia 
not called $(' 6ktv (as a Fourth is 8«^ rco-o-dlpofy, 
a Mflh Ztii wdtnt). He suggests by way of 
answer that the scale was formerly one of seven 
notes only, saying that Terpander left out the 
note called rpfri}, and added the wiirv At the 
upper end of the scale (the octave of the fiirdn;, 
or lowest note). If this account is the true one, 
what Terpander did was to raise the scale to the 
compass of an Octave, but without increasing 
the traditional number of strings. However 
this may be, the comparative antiquity of a 
scale of at least seven notes is proved by their 
names. The following are the notes of the 
central octave in the later system, with the 
modern notes which show the intervals on the 
diatonic scale : — 

e Menif lit ** uppermost,** our " lowest '* note. 
/ vapvrdn}, *' next to inrini,** 
g \ixaif6st *' forefinger *' note, 
a fiiffTi^ ^ middle " note. 

rpirti^ third, viz. from the i^n|. 

d wapatrttTfi, 

e rfrnif for rcdni, " lowest," our "highest." 

Of these names there is only one that is 
admittedly later than the rest, viz. wapa/icoi;, 
which probably dates from the time when the 
heptachord of Terpander acquired an eightli 
string, and consequently a complete diatonic scale 
of the compass of an Octave. If we may trust 
a passage quoted from Philolaus (Nicom. p. 17), 
the gap then filled up was not that between 
fiitni and rpfni. Philolaus gives the name 
rpfra (he writes in Doric) to the later wapafA^anif 
the note which was a tone above the fi4aii. 
The change, therefore, consisted in insei-ting a 
note half a tone above the rpfni of Philolaus, 
which new note then became the ^ third," and 
made it necessary to find a new name — ttapofiimf 
— for the old rpfri). But the language of 
Aristotle himself (PrD6/. xix. 7, 32, 47) shows 
that the exact steps of this progpress were no 
longer known. According to Nicomachus, the 
eighth string of the scale was added by Pytha- 
goras. Probably, however, this is a mere 
inference from the Pythagorean discovery of tbe 
numerical ratios on which the musical intervals 
— the Octave, Fifth, Fourth, and Tone — are 
based. Another notice (Booth, de Mus. i. 20> 
attributes the improvement to a certain Lycaon 
of Samos. 

The lyre was originally played without the 



106 



LYBA 



aid of a pleetTum; and «a«h ■tring mgdu to 
haTe bccD Mooded bj-  particukr finzer. 
Tha< tbe XiX"»*» O"" " forefinger " w« lo called, 
aecording to NicomBohni (p. 22), became it wbi 
■onnded bf the forefinger of tbe Ull hand. It 
followi, u ban been pointed oat bj Gevaert 
^iL p. 254), that tbe left hand wu nied for tbe 
lower telriehord, and that the little finger hib 
not uaed to tooch tbe etringi. When the 
plectrum came into nae, it wu held in tbe right 
Wd, and iierbape w»e »peci»lly employed for 
the air, while the »fteT toaa prodaced by the 
fingen of the lell hand terved for the accompaai- 
msnt. Thii it luggeited (though h; no meant 
proved) by the epigram of Agathiie (Anih. fal. 
xL 352) quoted by Oevaert : 



Hie phrnomenoD here referred to ii the "lym- 
pathy" by irhich a eoandiog body eidtei thi 
vibration ofanolhernhaecnote i> in naiion with 
it, or with one of ite harmomce. 

The iaTea.4tringed 
lyre wai etill in n>e 
in the time of Pindar, 
nnleu we lappoae 
the epitheU iw- 
(PytA. 2, 
TO) nnd hndyKn/rirai 
(AVm. 5, 24) are dne 
to mere poetical tra- 
dition. On the other 
band,.wa are told that 
Laaua of Hermione, 
who wa« an older 



notee, by which he 

broke np (Mpp^„} 

the eiiating gcale 

- (Plot Jfw. CO. 29, 

'7iw^5SS|™ta'^ 30).Apa.«.geqnot«i 

Wlab*U^>M£.} by Plotarch (I. c) 

from tbe comic poet 

Phelecratei denonncei a aeriei of aimilar inoo- 

Taton — Melanlppidet, Phrynii, Cineaiai, and 

^ "y ■nmotbene of 





Jlrw^ 



rynii, Cini 
finally Tin 
Hlletut, who 
raged muiie with hia 
twelve atringi." The 
abject of the addi- 
tional itrlngi wemt 
to bare been not lo 
much to obtain 
greater compasa ai 
to make it poseible 
to combine different 
model or kej-i, per- 
hape aleo difierent 
genera (eee the ait, 
Uuitca), on the same 
initniment, and to 
pen eaiilf from one 
to another. It ii the 
"multiplicity ofkeji 
or ecalea" (woKiiap- 
— fWrla) which ii a1- 
waya asMKiat«d with 
" mdUplicltjr of 



MACELLUM 

■tringi " (in?LVxopSia) in the mindi of thoee 
who, like Plato, regarded luch cbaugee u 
dangeroiu and corrupting. 

It ii cbaracteriitic of the Irre and the dtbari 
that the atringi are all of the lame length, >o 
that the difference of pitch u entirely dne to 
different tfaickueai. Id thii reipect they differed 
from initrumenta inch ai the harp, which hare 
itringi of different length, and again fi-am Ihcee 
in which the length of tbe Btring ii varied bj 
the player, sa in the cue of the violin. The 
woodcuti above ihow the method of holding 
the lyre, in playing with the right hand only 
or with both, it waa aleo played aitting. and 
mpported on tbe knee*. The cilhara wai 
held in the lame manner. The harp type wu 
represented in Greek mniic by the rplytiwar or 
triangular harp, a Phrygian initroment, with 
which we find ai*>cialed the Lydian ninrli. 
Both are condemned by Plato {Btp. iii. p. 399) 
for the eiceuive number of their atriDgi. They 
ire alio mentioned together in a fragment of 
Sophodea,/r. 361: 



Tbe jidyalif, which waa cIokIj akin to the 
mn-d, wai (0 caUed From the bridge or fnC 
(liarrds), by which a atring conld be divided by 
the player, lo aa to yield a higher note. It hid 
twenty atringe, and admitted of playing the 
aame tonee i&iultaneouil]r in different octarei 
(hence called /wrallfeiy). This ii alu ittri- 
bnVed by Ariatotle iProil. lii. 14) to ao 
inatrument called tbe ^ivdnav or Phnenidan 
lyie. The most perfect of nil theie instrnmenti 
leema to have been tbe Arrronioi', called ifler 
iti inventor, Epigonui of Ambracia, wbicb hid 
forty itringa. besidei theie, we hear of tbe 
Biffitrat, which ii thought to have been nearly 
related to tbe lyre, alio the rd^a nad Iht 
crofi^i^ini (Strab. i. p. 471). Several of thtM 
namei are ooafesiedly barbarona, and all tht 
initmments now in queition lay under Iht 
impntation of being more or tesi alien te 
genuine Oreek art. They evidently eojoyeJ 
much pDpnlarity, but were never regarded at of 
eqnal dignity with the lyre and dthara. 

(Compare Carl von Jan, De fdSiut Onm 
BeroUni, 1859 ; Weatphal, QeKhieUe dtr altn 
und tnUtelalUrlichen Maiii, Breslin, 1B64; 
Qeeaert, Hiiioirt et Th^OrU de la Jlai«ivi it 
fAntijaHi.Qxai, 1875-61.) [D. fi. U.J 



M. 

KACELLUM (t^onXla, if^mAiSiri *f^ 
ru^Muir), a proviiion market for butiheie, fi>'^ 
mongen, ponlterera, fmiterert, and cooftc- 
tionera: eee Ter. Em. ii. 2, 24, "ad macelloni 
ubi advenimui concurmnt . . . enppedimnj 
omnei, cetarii, linii, ooqai, &itoree, piicatom 
(cf. Plant. Aul. ii. 8, 3 ; Hor, Sal. ii. 3, -^'' 
Tpiil. i. 15, 31). Theie provision! were fonaerly 
found at Rome in their leparate markeli— Ih" 
fomm boarium, piicatoriura, olitorium ; hot !" 
eonrenienee the market wm brought tofttlxr | 



ICACHAEBA 



HAGHINAE 



107 



in tke wiaeeUwnj built B.C. 179 to the north 
of the Fonun (Fest. s. r. maceiium), Varro 
(L L. iT. 32) and Festns ipeak of a robber 
Bamamas Macellot, whose hooae was demolished 
thai 1 market might be established on the site ; 
bet it must be confessed that the storj has a 
fasptdons appearance of growing out of the 
osme maeellum Momanwn, and either Curtius' 
reference to macto {Greek Etym, 338), or the 
iientificatton with the Greek fULccAoy or fuC- 
KtAXw (which Varro himself suggests as the 
ilteniatiTeX maj be accepted in preference. 
The latter, which seems the more probable, is 
eennected with the word maoeria, a roughly 
built wall, and thus macellum may be assumed 
to htTc got its name from being an enclosed 
space. With this agrees Varro's expression 
*' aedificatns locus appellatus macellum ; " and it 
iiad booths in its colonnade (jnaoeihriae iabemaef 
VaL Max. iii. 4, 4). To this earliest macellum 
we jefer Cic pro QuhU, 6, 25, ** ab atriis Liciniis 
€t faodbus macelli." The atria Lidnia seem to 
hare been auction rooms (of. de Leg* Agr, L 3, 
7) near the forum. The Macellum magnum 
was in the aeeond region on the Gspian hill, and 
is plsoed by some at S. Stefimo Rotondo, it being 
suggested that the circular construction, with 
pillin, is planned upon the old market buildings 
(Bom, Some and CompagnOf p. 221). This is 
pvielr oonjectoral. A similar rotunda is found 
on a coin of Kero, with the inscription ^ macel- 
lam Aognsti " (Eckel, ri. 273). The Macellum 
Lrriannm was near the Porta Esquilina and the 
Aieh of Gallienns. It is probable that the 
macellom of B.C. 179 was destrored to make 
rwm for the forom August!, and that Augustoi 
built, instead of it, the macellum which he 
sameii after Liria. (See Bichter, ap, Baumeister, 
Datkm. p. 1534.) To the maoella the cooks would 
;o to boy, and the less wealthy marketed there 
for themselres (Juv. zL 10). The salesmen in it 
w«n ealled maoellcaii (Soet. JtU, 26 ; Vesp, 19). 
Jiliof Caesar tried to check extravagance by 
patting the macella under police control, and 
Ue same control through tne aediles was at- 
teapled by Tiberins, moved apparently by the 
Ule of mullets at 10,000 sesterces apiece (Suet. 
At 43; 215.34). 

Tlw Athenian provision market was called, 
«s a general term, ^ovwAfa (Athen. p. 6 a); 
bat more frequently we find the different depart- 
BKsU el Ix^tf 'T^ ^^w» f^ lU^iro, &c., which 
«cn in divisions in the market-place called 
•tKioi. [Aqora.3 "^^ signal for a sale was 
fiTen by a bell ringing, when marketers, cooks, 
^ flocked there (see Mahaffy, Social Life m 
Graw, ch. 10). [J.Y.] [G. KM.] 

KACHA£BA (jidxBupa). rcuLTE&; Pu- 

GUl] 

MA'CHIKAE (^i9x»«0 «^ OltGANA 
(IpTOv). The object of this article is to give a 
^^ general account of those contrivances for 
^ concentration and application of force which 
^ known by the names of inttrumeniSf mechani' 
^ pnen, machines^ engineSf and so forth, as 
^ were in use among the Chreoks and Romans, 
**9^^aUy in the time of Yitruviuii, to whose 
^'^ book the reader is referred for the details 
'^^^labject. 

/^general but loose definition which Yitru- 
^ gives of a machine (z. 1, § 1^ ii « wooden 

^'^ctorc, having the virtue of moving very great 



weights. A machina differs from an organonf 
inasmach as the former is more complex and 
produces greater effects of power than the latter : 
perhaps the distinction may be best expressed 
by translating the terms respectively machine or 
engine and instrvmeni. Under the latter class, 
besides common tools and simple instrumentSy as 
the plough for example, Yitruvius appears to 
include the simple mechamoal powers^ which, 
however, when used in combination, as in the 
crane and other machines, become machinae. 
Thus Horace uses the word for the machines 
used to launch vessels {Carm. i. 4, 2), which 
appears to have been effected by the joint force 
of ropes and pulleys drawing the ship, and 
a screw pushing it forwards, aided by rollers 
(^aAa77ffr) beneath it. The word organon was 
also used in its modem sense of a musical instru- 
ment. [See Htdraula.] 

The Greek writers, whom Yitruvius followed, 
divided machines into three classes, — the (geniu) 
aoansorium or hKpofivrut6¥^ the spiritale or wi^cu- 
fmrucdp [Htdbaula], and the tractorium or 
/BopovAicoy, according to the most probable 
reading, for moving heavy weights. Some 
explanation is needed for the gentu scanaorium or 
htcpofiarucStfy which has been much discussed by 
commentators. Yitruvius clearly describes the 
machina which he thus classes. It is a scaffold- 
ing formed of upright poles, fixed in the ground 
with cross planks tied to them, and the ** catena- 
tiones et erismatum falturae," which he men- 
tions afterwards, are no less obvioasly the ties 
of sloping supports for these upright poles. It 
is in fact such a scaffolding as may be seen any 
day for building purposes, and is the machine 
below (No. Y.) on which Isidore says the work- 
men stand ''propter altitndinem parietnm." It 
is somewhat of a puxzle, when Yitruvius says 
that it differs from the other machinae in 
respect of having audacia rather than ars ; but 
he probably means only this : that a verv high 
scaffolding may cause wonder at its boldness; 
but there is no scientific principle in it, as in 
the other classes of machinae, which are 
mechanical powers. It must be confessed 
however that his account of its purpose, ** ot ad 
altitndinem sine periculo scandatur ad apparatus 
spectationem** (unless some such alteration as 
" ad parietum structionem " is adopted) cannot 
be explained in a wholly satisfactory manner. 
If it is for workmen to stand on, it is hard to 
see why the word spectatio is used, but the only 
explanations offered by commentators — (1) for 
seeing theatrical shows, or (2) for viewing the 
enemy's works within the walls — cannot satisfy 
us. The theatre had its own tiers of seats : the 
words sine periculo would be wholly out of 
place, and moreover it is impossible that he 
should have so used apparatus when there is 
nothing in the context to explain its meaning, 
as is the case in Cic. ad Fam. vii. 1, 1. The 
same objection must prevent us from adopting 
the second view, for there is nothing whatever 
to indicate that Yitruvius is speaking of militaiy 
affairs. We may be content to say that this 
class of machina is not what we should call a 
machine at all, i.e. it had no mechanical power, 
bat was used as we use a scaffolding. The in- 
formation which Yitruvius gives us may per- 
haps, however, be exhibited better under another 
classification. 



108 HACBINAE 

1. SfteAanical Eagitm. 

1. The Simptt Mcchamcal Po\cer> wsre kiiowD 
to till Greek mtchaniciaai from  period (arlier 

than un be utigaed, and their thtoriet 

completely detnauitnted bj Archi- 
m*d«i. VilruTiui (i. 3, a. 8} di>- 
cuuei the two modea of railing 
heaij weight!, by ractSmear (<C~ 
tfiiw) and circular (uMiXwri)*) 
moUon. H* eipluoi the Hclion uf 
the leter {ferreut vtclii), and its 
three difiennt sorti, accorJiag to 
the pMition of the fulcrum (bwaiU- 
X/^'ot), and tame of iti appliciitiani, 
u in the itrtlyard [Stitera}, and 
the (AH aod rnddrr-oart of a >hip ; 
■nd allndei to the phaciple of 
tirlual velodtitM. The mdined plana 
a not ipoken of by Vitruriui u a 
machina, bat iti proptrliei «a lo 
■id in the elevation of weight* nre 
often referred to by him and other 
writera ; and in early timea it vraa, 
donbtleaa, the aole meana b; which 
the great bloeki of atnne in the 
upper parti of baildinga coald ba 
tailed to their places. 

Under the head of circnli 



which again the weight, which ia to be railed, 

ii attached by Iron gtapneli (Jorficai), In thii 

caie the ihearei in each block are dooble (dupiuxa 

Id oriicuJorwn). The two portiou of the 




the T 



I fon 



of n 



puaing allnii 
neli 



plaHitra, ndaa, ti/mpiaia, rutae, codtae, leor- 
pioaai, batitlm, prtia, about which aee the 
respectire srticlei. It i> worth while, alio, to 
notice the methoda adopted by Cheniphron 

and his ion Metagenea, the architecEa of the 
temple of Artemii at Epbeiui, and by later 
architect!, to convey large block* of marble 
from the qnarrie*. by aupporting them in a 
cradle between wheeti, or encloeing tbem In 
a cylindrical framework of wood (Vitruv. i. 6, 
a. 2 ; cf. Biilmoer, Ttchiulogie, iii. IS9 «.); and 
■lao the accouDt which Vitruvioa givea of the 
mode of meainriag the diatance paiied orer by 
a carriage or a ihip, by an initrument attached 
to the wheel of the former, or to a lorl of 
paddle-wheel projecting from the aide of the 
latter (c 9, a. 14). What he uja of the jwJAiy 
will he more coDTenientiy atated under the next 
head. 

2. Campouad 3fi!<Aaniad FoKtra, at Maehinu 
for railing heavy ueigUt (machinne tractorioe). 
or theaa VitruTina (i. S-5) deacribea three 
principal aorta, all of them CDDniatiog of a proper 
erect framework, from which hang pulleys. He 
deacribea the different kindi of pnlleyi, according 
to the number of Mheaws (orbiculC) in each block 
(irocUa or recAamtu), whence also the machine 
received apecjal namea, auch a« triipaitoi, when 
there were t/iree iheaiei (aa in the eipianatory 

upper; and pcntaspaitoM, when there were fve 
aheavei, two in the lower block and three In 
the n;ipeT. The Greek name for the oxii (oxi- 
cufu, Vitrav.) waa /Jrn" 



hAnga(c)a liied pulley-block ((roc/tn, TpD;^iAf n, 
Arlitoph. Lyi. 722): to thia the funii ductariva 
^d) panel from the lower moTabfe block (e*), to 



 MKhlnaTiaclal*. (BlflmuT, Ikekti. 111. Ac. 10.) 
funia dnctariua an then bitened to an ailc (c), 
with (p) a wheel (tympanim or rota, wijirt^ 
Xur) upon it. The aockete on the beam which 
receiTe the pirott of the axle are called lAdonia 
(xtX^Hu). A leparate rope paaiing ronnd the 
tympanum la taken back to a cipatan (rrgala, 
tpyaraniKaiSiiat), which ia worked roand by 
leven (leetBj). Thia well eiplaina Lucret. ir. 
906: 

" HolUqae per tmlaaa M trnpaai pomlen ma(H> 

Comrngvat alqn* la*l anaMUt macblna maB." 

Sometimei, however, the tympaunm ia of 

lu^r aiu, and fa moved ai  treadwkaat 

witbont any capatan by treaden iiuide it 




The woifdcQt above la from a relief foamt i" 
the amphitheatre at Capna, where [t bad bito 
placed by the redemptor of the work. It Rpr^ 



 the : 



gofa 



lillar. 



Blui: 



.J thinki 



inlltng-np* '<• '''' . 
axle of the treadwheel i» left to the imigi""' 
tion, and that the two ropei which go io Ihtt 
direction muit be the lapports of the beam: bat 
pcrhapa we ihould rather take the lower nf 
to be a lingle rope from the pollpy to ll>' 
aile, and the upper rope to be a itay of 'I" 
beam. Titmviai deacribea alio a craoe of l^" , 
power which ha* lingle aheavei in >Mh btocti I 



MACHINAE 



MA6ISTEB 



109 



lad in whicby insteail of the tympanum and 
ftynta, tkere m, fixed bj chehnia to the beam, 
*ioipIj a windlass (sueuia^ i^mif or ivos), round 
viiicli the pvlling-rope is woand; and a crane 
<i^ t lingie beam, where triple funes duo- 
tjrii past from the pulley-blocks down to a 
it9d horisotttal pallej (artemOf iwAyw) at the 
face of the beam, and are palled horizontallr 
^T three rows of men without windlass. The 
Bschiae is then called a polyMpattos, This crane, 
k tsTi, haTing a single beam, is more easily 
trutfershlCk It may be noticed that Pollux, 
I. 140, ^eaks of a mapKlpot for raising stones ; 
Lflt it is probable that the Ko^icipos was strictly 
that part of the machine abore described, which 
^Id the stone = Lat. forfioes : y4papos (crane) 
ii the name which Pollux (It. 130) gires to the 
nschine for raising actors in the theatre. (For 
further description, see Bltfmner, Technologies ilL 
PPL 111*128.) 

U. Umtary Engmea, (VitruT. x. 15-22 ; 
Vcgetios and tlio other writers de He MUitari ; 
Alia; Heixfoub; Testuso; Tormzmtum; 

TUBRV, &C.) 

HI. TkeaMoai Jtachinei, (Theatbuh.] 
IV. HgdrmOic JSnginee. 

1. Conwyanor owl deiwery of water through 
fipes and ckanmeU. [AQUAEOUCTU8 ; Emu- 
SABiux ; Fbtuul ; FoKS.] It has been shown, 
uatkr the articles referred to, that the ancients 
veil knew, and that they applied in practice, the 
hydrostatic law, that water enclosed in a bent 
pipe rises to the same lerel in both arms. It 
al'io appears, from the work of Frontinus, that 
they were acquainted with the law of hydraulics, 
that the quantity of water delivered by an 
m&ot in a giren time depends on the size of the 
«nftee and on the height of the water in the 
Rsemnr; and also, that it is delivered faster 
thrmigh a short pipa tiian through a mere orifice 
ef equal diameter. 

2. Maaimee for raieing water. The ancients 
<iui Dot know enough of the laws of atmospheric 
pRsrare to be acquainted with the common 
sukiDg pump ; but they had a sort of forcing 
punp. [Ceebibica Machika.] For raising 
water a small height only they had the well- 
bMvn screw of Archimedes, an instrument 
vUch, for this particular purpose, has never 
^een surpassed. (Vitruv. x. 11; Coclea.) 
Bvt their pomps were chiefly on the principle of 
tfaeiein which the water is lifted in buckets, 
t^«d either at the extremity of a lever, or on 
the rim of a wheel, or on a chain working 
Mvssn two wheels. (Vitruv. x. 9 ; AirruA ; 

TrWAHUM.) 

3. JfodUiies til which water i$ the mooing 
fMcr. (Vitmv. x. 10 ; MOLA.) 

4. Other applications of water, as to the mea- 
nifflwBt of time, and the production of musical 
mods, in the clepsydra and the kydratdic organ. 
(Vitniv. ix. 5, 6, x. 13; HoBOiiOoiuac; Hr- 

DtlULi.) 

V. The word tnachina in Latin also signifies 
tW scaiTolding on which plasterers or masons 
v«Tk (Piia. XXXV. § 120 ; Dig. 13, 6, 5 and 7). 
Boiee eiodUo is used for the workman (Isid. 
fr- lix. 8, 2), whence the modem words magon^ 



VL In Plin. B, N. xxxv. §81, machina is a 
^noea^g three-legged easel = iitpifias or aeiA- 
Ai3e». [P.S.] [G. E.M.] 



MAENIA'NUM signified, originally, a pro- 
jecting balcony, which was erected above tho 
arcades of shops on the south-west of the 
Roman forum and overhanging the street, 
in order to give more accommodation to the 
spectators of the gladiatorial combats, by the 
censor C. Maenius, B.C. 318 (Festus, s. o. p. 135, 
ed. Mtiller ; Isidor. Orig. xv. 3, § 11) ; and hence 
balconies in general came to be called maeniana. 
The front panels of the balconies were painted 
bv Serapioa (Plin. H, N. xxxv. § 113). Many 
allusions to such structures, and to the regula- 
tions which were found necessary to keep them 
within due bounds, are found in the ancient 
writers (Cic. Acad, ii. 22, 70; Non. p. 83, s. 65, 
Miill. ; Sneton. Calig, 18 ; S'itruv. v. 1 ; Val. 
Max. ix. 12, § 7 ; Cod. Just. viii. 2, 20, 10, 11, 
xliii. 8, 2, § 6 ; 1. 16, 242, § 1 ; Amm. Marc 
xxvii. 9, 10). From these passages it appears 
that as they were inconvenient in narrow streets, 
the praefectus urbis in 368 A.D. enforced older 
laws against their construction, and the 
emperors Theodosius and Honorius extended 
the prohibition so as to include provincial towns 
as well as Home, unless there was a space of at 
least ten clesr feet between the opposite 
maeniana. (See also AuPHrrHSATBUM, Vol. I. 
p. 112; Cancelli; and, for a drawing of a 
maenianum, DOMUS, Vol. I. p. 666; Bum's 
Borne and CampagnOf p. 90 ; Becker-GSll, Oattusy 
ii. 288.) [P. S.] [O. £. M.] 

MA6ADI8. [Ltba, p. 106.] 

MAGI8TER, which contains the same root 
as magpie and mag-nus, was applied at Rome 
to persons possessing various kinds of oflSces, 
and is thus explained by Festus (s. v. Magiate' 
rare) : — '* Magieterore^ moderari. Unde magietri 
non solum doctores artium, sed etiam pagorum, 
societatum, vicorum, coUegiorum, equitum di- 
cuntur; quia omnes hi magis ceteris pos8unt." 
Paulus (Dig. 50, tit. 16, s. 57) thus defines the 
word : ^ Quibus praecipua cura rerum incumbit, 
et qui magis quam ceteri diligentiam et solli- 
citudinem rebus, quibus praesunt, debent, hi 
magistri appellantur." The following is a list 
of the principal msgistri : — 

MaQISTEB ADinSBIONUM. [Admibsionalbb.] 

Maoisteb Abjcobum appears to have been 
the same officer as the Magister Militum. 
(Amm. Marc xvi« 7, xx. 9.) 

MaOISTEB AUCTIONIS or Bonokux. [Bo- 
KO'EUX EXPTIO.] 

Maoistbi Auoustaleb or Labux Auaus- 

TORUM. [AUOUSTALES.] 

3f AOI8TEB BiBENDI. [SyXPOSIUX.] 

*Maoi8T£B a Cbnsibub (or praeposilus a 
oeneibua) was an official who examined the 
qualifications of persons who applied to be 
enrolled among the knights. He is sometimes 

* It should be noticed tbat these private offices In 
the Imperial hoosebokl were In tbe earlier Empire dis- 
charged by slaves or by freedmen (some of whom. Nar- 
cissus and Partbenios, bad exceptioDsl official rank) ; 
In the later Empire they gradually assumed a higher 
public standing. YltelUus thus employed men of 
cquestrtsn rank (Tk. SUt, L 68), and therefore the 
sUtement that Hadrian *'ab epistulls et a UbelUs 
primut eqnites Romsnoe baboit" (Spart. Badr, 32) Is 
not oorrect ; but it probably marks the date froax which 
this became the rule. The three chief departments were 
a rationQnu, a libdUtt ob epiMtoUi. (See for a Aill 
aooount, Friedlander, SUtengeachiehte, U pp. 61 ff.) 



110 



MA6ISTEB 



liAGISTBATUS 



connected with the a libeilitj who received the 
application in the first instance. [Equitss.] 

Maqisteb CoLLEOn was the president of a 
collegium or corporation. [Collboium.] 

^Maoisteb Epibtolaruh (or ab Epistolis), 
a prirate secretary, answered letters on hehalt 
of the emperor. (Orelli, Inacr. 2352.) 

Maqisteb Equitum. [Dictatob, Vol. I. 
p. 633 bJ] 

MAQiffTER Faki in coloniae and mnnidpia 
was appointed each year hy the duumyiri of the 
town (one for each temple or shrine), to arrange 
the ceremonies, sacrificia, pulvinaria, &c (Lex 
Col. Genet, c. 128, Orelli, 2218.) They wero 
equiTalent t-o the Roman aedUitms, who was also 
called magister fani. (Marqnardt, Staataver' 
tecUtung, iii. 215.) 

^Maoisteb Libellobum (or a Libellis) was 
an officer or secretary who read and answered 
petitions addressed to the emperors. [Libellub, 
p. 57 a.] He is called in an ixucription ** Magister 
Libellorum et Cognitionnm Sacrarum." (OlrcUi, 
/.c.) 

*Maoi8TEB Memobzaz, an officer whose duty 
it was to receive the decision of the emperor on 
any subject and communicate it to the public 
or the persons concerned. (Anrni. Marc xt. 5, 
xzrii. 6.) 

Maqisteb MnaroM, the title of the two 
officers to whom Constantino entrusted the 
command of all the armies of the Empire. One 
was placed over the cavalry, and the other over 
the infimtry. On the divisions of the Empire 
their number was increased, and each of them 
had both cavalry and infantry under his com- 
mand. In addition to the title of MagUtri 
militumy we find them called Magiatri armorumf 
equitum et pecUtum, utriu$que militiae (Zosim. 
ii. S3, iv. 27; Vales, ad Amm. Marc zvi. 7). 
In the 5th century, there were in the Eastern 
empire two of these officers at court and three 
in the provinces ; in the Western empire, two at 
court and one in Gaul. Under Justinian, a new 
magister militum was appointed for Armenia 
and Pontus. (Walter, Oeihichte des rihnisohen 
Sechts, i 342, 2nd ed.) ^ 

Maqisteb Kavis. [Exebcitobia Acno.] 

^Maqisteb OFFiaoBUM was an officer of 
high rank at the imperial court, who bad the 
superintendence of all audiences with the emperor, 
and also had extensive jurisdiction over both 
civil and military officers. They originally 
took part of the duty of the court cubicularku ; 
the other part went to the praefeetuB sacri 
cubiculi. [See also ADxnsio.] (Cod. 1, tit. 31 ; 
12, tit. 16;— Cod. Theod. 1, tit. 9; 6, tit. 9;— 
Amm. Marc. xv. 5, xx. 2, zxii. 3; Cassiod. 
Varicar. vi. 6.) 

Maqisteb Paqi. [Paqub.] 

Maqisteb Popoll [Diotatob.] 

^Maqisteb a BAnoHiBUS, more usually 
called procuraiOTf had the charge of the 
emperor s private exp en s e s [see Pucns]* 

*Maqibteb SCBuaOBUM had the care of all the 
papers and documents belonging to the emperor. 
(Cod. 12, tit. 9 ; Spartian. Ael, Ver, 4 ; Lamprid. 
JJex» Sev. 26.) 

Maqisteb Soczetato. The equites, who 
fiurmed the taxes at Rome, were divided into 
companies or partnerships ; and he who presided 

* See note In pieoedlng pegs. 



in such a company was called Magister Sode- 
tatis. (ac Verr. ii. 74, 182 ; ad Fam. xiii. 9; 
pro PlandOy 13, 32.) [Societas.] 

Maqistbi Vioobum. These officials had 
existed under the Republic, and we have no 
account of their beginning. Livy (xxxir. 7) 
introduces them into a speech of the rear 
195 B.a as officials of an inferior class, bat 
allowed to have the magisterial insignia^no 
doubt at the festivals wUch were under their 
charge. The magistri vicorum were, however, 
entirely re-organised by Augustas in the year 
B.C. 7, when he divided the city into 14 regions 
and 265 vici, and assigned 4 magistri vioornm 
to each vicus (the number may be gathered 
from inscriptions, C. /. X. vi. 445, 975), who 
were elected annually by the inhabitants of the 
vicus (Suet. Aug, 30). The first so appointed 
entered upon their office on August 1, B.a 7, 
and accordingly in several inscriptions we find 
mentioned magistri aimi secundi, tertit, &c., 
equivalent to the years B.O. 6, 5, &c (C. I. L. 
vi. 764, 282). Those of the year B.C. 7 are 
*' magistri qui primi KaL Aug. magisterinm 
inierunt." The total number of magistri vicomm 
remained 1060 till the beginning of the 4th 
century, when it was reduced to 672, and 48 
were assigned to each region: the title magistri 
vicorum was, however, retained. Their functions 
were partly civil, partly religious. Vfhen 
Aug^i appointed them, they ha^ (with serri 
publid under them) especially to guard against 
fires. This had been a function of the old 
magistri vicorum, who accordingly were in 
charge of the worship of Stata Mater, the 
protectress against fire (see Fest. p. 317; 
Preller, ItSm, Myth, 531; Mommsen, Stoats- 
recht^ I 328). Thev had other duties, ss to the 
limits of which we have not very clear informa- 
tion, regarding the maintenance of order within 
their district. The duty of watching against 
fire was in a^d. 6 transferred to the newlj 
constituted oohortet vigilum. 

As regards their religious duties (their most 
characteristic function), they presided over the 
Compitalia in honour of the Lares Compitales 
rCoMPTTALiA], besides the worship of SUU 
Mater mentioned above, and these offices were 
continued to the newly constituted magistri 
vicorum under Augustus, with increased im- 
portance when the Oenius Augusti was inclnded 
in the same worship. They had also to 
superintend the building or repairs of the 
Sacella of the Lares, as churchwardens, so to 
speak, of their vicus: but in this they had 
to obtain the approval of the praetor or of the 
official over the region who was appointed hy 
lot from the aediles, tribunes, and praetors (t» 
Suet. Aug. 30; Dio Cass. Iv. 8; Mommsen, 
Staattnchi, u. 516). In the exenise of their 
religious office they wore the toga praetexts, 
and had two lictors assigned to them. (^ 
Cass. I, c. ; Uv. xxxiv. 7 ; Marquardt, StaaU- 
verwaltung, Hi. 203.) [W. S.] [G. E. M.l 

MAGliSTRATUS. Jfagiitrahu is properly 
the abstract form of the concrete magitterf hot , 
it comes to be used indifierently to indicate the I 
office and the person who holds it. In the tSL C. 
d$ Baoohanalilmi we find magittraiut side J>T 
side with magkter^ denoting the governor of e 
religious guild. In the later practice, however, 
only the word magister applies to leaser corpor*- 



MAGISTBATUB 

tins; vtagittratttt is commonly restricted to the 
pasea or office of the goremon of the Populus 
kominiu, of tike Ple^ and of the monicipia 
nd colonies. The powers of the municipal 
Dttfistntes are discussed elsewhere [see Cou>- 
xu]; the following remarks apply to the 
oaptratcs of the popolns and of the plehe. 

frerr such magistrate has coerdtio^ the power 
vithis his proper sphere of duty to compel the 
dtixeos by force of punishment to obey him, 
ui to STenge any act which ai^es contempt 
cf his xDsgisterial authority (m ordUnem cogere 
a»7u<nihBa). He has likewise the power of 
addronng the people by word of mouth (Jus 
mUmit) and by written proclamation (Jus 

The magistrates are grouped in colleges; 
tk«re sre two consuls, ten tribunes, and so forth. 
B3t these colleges do not, with very rare ezcep- 
tkiu (see Lit. ix. 46, 7), act as boards deciding 
by s majority of rotes. Each individual magis- 
tnte is invested with the full powers of his 
coU^e, and is qualified, if not interrupted by 
hi eoUeagnes, to act in all matters alone. A 
psrtkular subdivision of duties (jirovmcioui) 
auj, however, be prescribed by the senate or 
people for the individual members of a college. 
Tkis division is specially important in the case 
of the praetors at home and of the governors of 
the tnnsmarine possessions of Rome. The first 
bsrt particular departments of business assigned 
to them; the latter have particular localities in 
Thkh they are to ezerdse their functions. 
When it may be a matter of dispute which of 
the equally qualified persons is to perform a 
perticolar act or aeries of acts, the question has 
to he settled by arrangement, by taking turns, 
why the lot. 

Magktrahu Pcpdi BwnanL — Though the 
▼ord seeBs never to be applied directly to the 
tusg, ow authorities trace all magistracy back 
to the regal power. Pomponius, for instance 
0% I. % % 14), begins his discussion with 
the voids, **' Quod ad magistratus attinet» initio 
dvitstis hnjus constat reges omnem potestatem 
bahoisw.'* At the institution of the consulship 
thii power was put in oommiision. ** fiegio im- 
pciio duo sunto^" is Cicero's description of the 
office {de Ltg, iiL 3, 8) ; and Liyy (ii. 1, 7) com- 
B«ot»— ** libertaUs originem inde magis quia 
astaoB imperiniQ consulare factum est, quam 
q«d deminutum quicquam sit ex regia potestate, 
mnens. Omnia jura, omnia insignia primi 
amies tcnnere.'* 

Ihe college representing the kingly power 

vtt modified by various addiUons iuk4 altera- 

tiflM; as, for instance, when a dictator was 

c>epted into it as a superior colleague, or 

Ifvton were created as inferior colleagues to 

^ eoofuls, or when their pla<» was fiUed by 

aa i&tcirez or by tribunes with consular power. 

^■ch one of tbeoe officials had the imperinm : he 

ifMmed, like the kings, the right to command 

^ individual dtisen in peace and war [see 

^puuUMj and to be the president and mouth- 

^•ce of the sovereign corporation, the Populns 

^QBsnos. Further certain specialised functions 

vQt oommitted to assistants not invested with 

**^ plottry powers: such were the censors, 

^^iile aedileo, and quaestors, besides the lesser 

*>^Bs]S|Who collectively made up the viginti- 

^^nU. The more specific name for power 



MAGISTEATUS 



111 



(tmperitan) being denied to these, the generic 
term potestas serves as descriptive of their 
authority. Thus we may say at pleasure 
*' consularis potestas *' or '* consulare imperinm," 
but only '< censoria potestas." To both classes 
belong the auspicia patridorvn^ and all holders 
of these offices are magistratus patricii, whether 
they be personally members of the patrician 
order or not. 

MessalU (Aul. GelL xiu. 14) divides these 
atupuHa patriciontm into greater and lesser, and 
the magistrates in like manner into majorea and 
muiores. The censor, from the practical im- 
portance of his office, ranks among the majoreB 
magistratus; but with this exception Hessalla'a 
division of greater and lesser answers to the 
division between those magistrates who have and 
those who have not the imperium. The greater 
magistrates receive their office from the populns 
assembled by centuries, the lesser magistrates 
from the populus assembled by tribes. What 
Messalla says is confirmed by Cicero's account 
(ad Fam. viL 30) of the proceedings of Caesar. 
When assembling the populus for the election 
of quaestors, he was '* tributis comitiis auspice^ 
tus ; when in the course of the day he wished, 
to elect a consul instead, "centuriata habuit." 
Messalla proceeds to point out, however, that 
the powers of magistracy are more formally and 
regularly (jttstius^ entrusted by the subsequent 
passing of a Lex Curiata. All the magistrates 
with imperium are colleagues, and so their 
auspices may collide (turbant, retinent, vitiant^ 
dbtinenf^ in which case those of the superior 
override those of the inferior. In illustration 
of this we find that a praetor acting in the field 
in conjunction with a consul could not, though 
he had an imperium of his own, claim a triumph, 
because his imperium and his auspices were 
overborne by those of the consul (Val. Max. 
it 8^ 2). It is certain that any of the magis- 
trates own imperio could in the same way 
overbear any of the minor magistrates. . On the 
other hand, Messalla tells us that a magistrate 
may be '' non ejusdem potestatis," ** non eodem 
rogatus auspido" with another. In this case 
the two have not merely different provinoiae or 
spheres for the exercise of their authority, but 
the authority itself is different ; they are not 
colleagues, and no collision of their auspices is 
possible. Such was the censor in relation to 
the consul or praetor, and such by parity of 
reasoning would be the curule aedile in relation 
to the quaestor. The same prindple obtains in 
the matter of uUeroessio. It is summed up in 
the words of Cicero (de Leg. iii. 3, 6) : *^ ni par 
majorve potestas prohibessit." Magistrates non 
^usdem potestaHs cannot veto each other's 
actions. 

The magistrates eiim imperio alone had the 
jus agendi cum popuh. The voice of the Roman 
peopk could be uttered only in answer to a 
question (rogaUo) put to it by such a magistrate. 
This power could not be delegated in case of 
elections or of legislation ; but when the people 
met to hear an appeal firom the sentence of 
a magistrate in a criminal case, the consul or 
praetor might lend his auspices to an inferior 
(as, for insUnce, the quaestor), who could then 
preside and put the question. [See Varro, L, X. 
vL 91, ** ad praetorem aut ad oonsulem mittas 
auspidum petitum;** and 93, *'alia de causa hie 



112 



MAGISTBATUS 



magistratuB (quaestor) non potest eserdtum 
url^um convocare.^ 

As all magisterial power is derived from the 
people, it follows that those magistrates who 
have the^'itf agendi cum populo must provide for 
the succession, not only in their own college, 
but in all the other magistracies. The censor or 
the curule aedile cannot submit the question of 
the choice of their successors to the people, but 
this must be done bj the consul or praetor. 
The presiding officer is said rogare or create the 
newly elected magistrate. Most modem writers 
(including Mommsen) hold that this is a relic of 
an ancient power of nomination or selection on 
the part of the magistrate, that the obligation 
to consult the people on the choice is of later 
origin, and that the primary notion of magis- 
tracy is that of a power passing from hand to 
hand through successive generations of officers. 
This opinion is, however, in direct contradiction 
to the belief of the Romans themselves, who 
represented the higher magistrates, including the 
king, as chosen from the first by the people ; 
and the cases adduced in favour of the modem 
hypothesis seems inconclusive. The co-optation 
of the dictator is an exception, which is prob- 
ablv to be explained on the ground that he was 
to be appointed in emergencies when the delay 
necessary for a popular election might be 
dangerous. Nor is it safe to draw any conclu- 
sion from the fact that neither the Rex Sacri- 
ficulus nor the Pontifex Maximus was elected 
by the people. The Romans were evidently 
uneasy lest by abolbhing the kingship they 
should have offended the gods, and it was not 
unnatural that, when severing the oversight of 
Teligion from the chief magistracy, they should 
have emphasised the partition of functions by 
committing the transmission of religious power 
to the Sacred College itself. Mommsen's theory 
necessarilv leads him to believe that the interrex 
who reigned for only five days was entrusted 
with the enormous responsibility of imposing on 
the people a ruler for life. There is no need to 
accept the premises which lead to so improbable 
a conclusion. The unanimous evidence of the 
ancients justifies us in regarding the people as 
the fount of power, and in limiting the part 
of the magistrate in the creation of his suc- 
cessor to those sufficiently ample powers which 
belonged to him as the necessary C4)nvener 
and regulator of the assembly which had to 
elect. 

Jurisdiction the power of administering justice 
between the citizens, belongs in its full extent 
only to the magistrate cum imperio. The formal 
competence of every such magistrate to ad- 
minister justice is recognised in the fictitious 
lawsuits necessary for manumissions, adoptions, 
and transfers of property ( in jure cesno). The 
consul or even the pro-consul at the gates of the 
city may hold a court for such purposes. But 
all serious litigation at Rome is specially 
reserved as the provincia of one or other of the 
praetors. After the conquest of Sicily, that 
island was made the province of a special 
praetor, who exercised therein the fullest juriS' 
dictio, and similar functions were assigned to 
the governors of districts subsequently annexed. 
Besides the full jurisdiction which goes with 
imperinm, a limited jurimiiction in special cases 
belongs to the curule aediles, the decemviri liti- 



MAGISTBATUS 

bus judicandis, and to the municipal magistrates. 
[See JuRisoiCTio.] 

Criminal justice — ^that is, the punishment of 
heinous offences, supposed to endanger the state 
— falls likewise under the imperium. But the 
action of the magistrate in this sphere is early 
limited by the right of appeal to the people, 
when the punishment to be inflicted is serious. 
This right subjects the magistrate to the 
necessity of defending his sentence and to the 
possibility of having it reversed ; it practicallj 
reduces him from a judge to an accuser. Such 
a situation was felt to be beneath the dignity of 
the superior magistrate; and accordingly we 
find that he habitually refrained from the 
exercise of any such powers, and allowed the 
task of condemning or accusing to devolre oo 
his inferiors (at first probably his delegates) the 
duoviri perduellionis and the quaestors, fiy t 
curious combination of constitutional exigencies, 
the tribune may find himself with regard to the 
centuriate trial in the same position as the 
quaestor. If he has condemned a citizen to 
death, and is appealed against, his own 
(plebeian) assembly is, by the law of the 
Twelve Tables, incapable of hearing the esse; 
he must therefore ask one of the magistrates 
cum imperio for a day of the ComitiaCenturista: 
see Liv. xliii. 16, 11, '*(Jtrique censori per- 
duellionem se judicare pronuntiavit (tribanos), 
diemque comitiis a C. Snlpicio praetore nrbano 
petiit." Whenever provocaiio is suspended, as 
on the appointment of a dictator or on the 
decree of senate or people to constitute a special 
quaeatiOf the superior magistrate is seen as 
criminal judge, and inflicts death by virtae of 
his imperium. The most notable case is the 
proceeding against the Bacchanalians in B.C. 186, 
of which a full account is given by Liw (xxxix. 
14.-19). 

A relic of the criminal jurisdiction of the 
consuls and praetors survived in their power to 
sharpen their coercitio by throwing citizens into 
prison. This was a consequence of their right 
of summons and seizure (vocatio €t prensio) as a 
preliminary to trial. This right was not 
possessed by the inferior magistrates, who coold 
only enforce their orders by seizing pledges or 
inflicting a small fine. 

The senate is the connVtumor authorised body 
of advisers attached to the chief magistrate. 
Accordingly only those magistrates of the 
Roman people who as possessors of the imperium 
represent the kingly office, can summon and 
consult the senate. This power is absent from 
the censor, the curule aedile, and the quaestor. 
These magistrates appear, however, no less than 
those cum imperio, to have been relieved daring 
their term of office from the duty of giving 
advice as senators (suo loco sententiam dioere) to 
the presiding magistrate. On the other hand, 
they could, any of them, address an official 
statement to the senate (veHxi faoere) regarding 
the matter in hand. 

The office of the magistrate ceases imme- 
diately on the expiry of the perted for which he 
has been elected. If he is present in the city 
(domt)f his powers lapse with his office ; but if 
he is absent on service (militiae), he is to con- 
tinue at his post and exercise all powers nntii 
he is relieved by a successor. Meanwhile he is 
acting pro oonsule, pro praetore, or pro qvacstcrCi 



XAGISTBAtUS 



MAGI8TRATU8 



113 



IS tb CM tOMj be. Snch a necessity could 

haniij ahie, wiule « campaign lasted only for a 

$ing]« fooaer. When in B.a 326, during the 

Safflohe Wtr, it became desirable for the consul 

Q. Psbiiljis Philo to remain at the head of his 

anoT fer i SMond year, a special decree of the 

people to extend his command, though not 

stridiy necessary, was held to be proper, and 

&r tome time this precedent appears to hare 

bees followed. By the time of the Second Punic 

War, howerer, it is recognised that a simple 

decree of the senate is sufficient for the proro- 

jstioo of an existing command. It is otherwise 

c4 cooise when a command pro oontule is con- 

fmed on a priTate man— as for instance on 

P. Sdpio, when he went to Spain in B.a 211. 

For this a law of the populus or the plebs is 

ilviTi neoescary. 

It may periiaps be counted as an exception to 
tie rule of purely local dirision, that the pro- 
Bsji^tttnte cannot preside at the meetings 
ettiier of senate or people, even when these are 
IkU outside the walls. These are the exclusive 
pniogitiTes of the actual magistrates. The 
prvDsgistrate is commonly confined, CTen more 
itrictirthan the magistrate in his year of office, 
t>'> a special district as hia provincia. The Lex 
UsjesUtis of Sulla particularly forbids him to 
ofoitcp the bonnds of that district. When he 
has kanded oTer hia prorince to a successor, his 
f-over is therefore in abeyance, but it is not 
eztiBfuisbed til! he enters the city gates. He 
9til! keeps his official title, and wears his official 
^nm : he is still attended by lictors and axes, 
sad exercises formal acta of jurisdiction. At a 
word from the senate he is authorised to stir up 
•gain his dormant imperium; and when the 
itate is in danger, ** those who are present with 
P^Konsalar command near the city" are in- 
daded in the mandate which arms the magis- 
tiatci against the enemy : see Caesar, BelL Civ. 
i- 5,'* dent operam oonsules, praetores, tribuni 
ptebu, quique pro consulibus sint ad urbem, ne 
^lid Rspublica detrimenti capiat.** 

MagisirtdMB plebig. — When the non-patrician 

Sontos formed themselves into an exclusive 

«^>rporation on the Mons Sacer in B.C. 449, their 

^ act was to elect magistrates of their own ; 

^ these officers, the tribunes and aediles of the 

?i^ existed from thenceforth side by side with 

tbc Bsgistrates of the Roman people. The re- 

*3blsBccs and diffierences between the functions 

^tbe two kinda of magistrate produce some of the 

a-4t caiions complexities known to any consti- 

tutifliL The antnority of the plebeian magis- 

^'ste wu from the first acknowledged (though 

Kfflcvhat grudgingly) br the whole community, 

^usouch as the law of the state accorded to 

tbeu the right abeolntely to protect the private 

stitea against any action of the patrician magis- 

tntc. As the corporation of the plebs gradually 

■■omed to itself the right to legislate on matters 

^^^eernii^ the whole community, its officers 

^t^BM Becessarily more and more magistrates 

^ tke Soman state. When by the Hortenaian 

-** (fiwC 287) the decree of the plebs was for- 

^r placed on an equal footing of power with 

^ decree of the sovereign populua, the reason 

^ lay distinction between the magistrates of 

Ik two corporations reallv disappearad. In the 

Qv of the plebeian aediles this distinction was 

Pv^ieslly abolished. OriginaUy the tuboidi- 

1QL. n. 



nate assistants of the tribune and his instru- 
ments in giving effect to his duty of protection, 
the aediles of the later Republic were assimi- 
lated to the minor magistrates of the Roman 
people. Though still necessarily plebeians, and 
elected by the plebs, their powers and duties 
bore no relation to their original functions, but 
were precisely similar to those of their curule 
namesakes. This identity is best illustrated by the 
fact that Caesar divided the city into wards, each 
in charge of a single aedile, without any distinc- 
tion between the two kinds. The plebeian (like 
the curule) aedileship gave the opportunity for 
conciliating the people by gifts and shows, and 
so paving the way of the candidate to the higher 
posts. In the ordinary career of a Roman states- 
man the office was a step in advance, after a 
man had served the tribunate and before he pro- 
ceeded to the praetorship. 

The position of the tribune in the later Re- 
public is much more anomalous. As the ruling 
magistrate of his corporation he baa the jus 
agendi cum pi^, which confers on him precisely 
the same powers of initiative in legislation aa 
are possessed by the consul who puts the ques- 
tion to the populus. The senate likewise is 
assigned as a consilium of advisers to him as well 
as to the consul, and he has the same right of 
summoning it and eliciting its decrees. So far 
we have only a multiplication of the chief 
magistracy. But here the identity ceases. The 
tribune had not the essential attribute of the 
chief magistrates of the Populus Romanus, the 
imperium. He could neither command in war 
nor administer justice between the citizens. On 
the other hand, certain eminent prerogatives 
derived from the historical nature of his office 
survived. The *'word of might that guards 
the weak from wrong '* had been made effective 
by investing the person of the tribune with 
sacroscmctUas, and this socrosafu^itoa could be 
used in attack as well as in defence. The coer' 
cUio of him whom it is death to resist must 
necessarily overbear all other authority. If the 
tribune thinks fit to throw the consul into prison 
or to drag the censor to the Tarpeian rock for 
execution (Pliny, ff. JV. vii. § 143), no one 
but another tribune can hinder him. In like 
manner the intercessio of the tribune transcends 
the rule that magistrates non ejusdem potestatis 
cannot interfere with one another. The veto of 
the tribune is absolute over the actions of consul, 
of praetor, and of censor, while these have no 
corr^ponding power over him. In case of col- 
lision the patrician magistrate must alwaya 
yield to the sacrosancta potestas. Such powen 
would be nothing short of a legalised tyranny, 
were they placed in a single hand. As a matter 
of fact the great number of the tribunes, and. 
the principle that each of them could hinder the 
action of his colleague, rendered these enormoua 
powers practically harmless. In ordinary times 
the college of tribunes, divided against itself, 
excluded from military command, and incapable 
of action outside the city walls, possessed little 
influence or dignity, and was commonly the 
humble instrument of the senate, and a conve- 
nient check on any vagaries of the superior 
magistrates. (See Liv. xxviii. 45; xlv. 21.) 
The survival, however, of so irrational an in- 
stitution became eminently dangerous in times 
of revolution. In the hands of the Gracchi the 



114 



MAJESTAS 



MAJESTAS 



tribunician power proyed strong enough to oyer- 
bear the other elements of the constitution, and 
oonld be resisted only by Tiolence and bloodshed. 
Under the control of Marius, of Pompey, and of 
Caesar, the saine office afforded an effective sup- 
port to the military chiefs against the senatorial 
goremment. After serving for a century the 
purpose of party strife or of indiridual ambi- 
tion, the power of the plebeian magistrate, 
united at last with military and proTindal com- 
mand, became the bnsis of the despotism of the 
emperors. For their appointment, see NOMi- 

HATIO. 

(This article is in the main a summary of the 
first volume of Mommsen's Staatsrechtf to which 
the reader is referred for more detailed informa- 
tion.) [J. L. S. D.] 

MAJESTAS. The only term for treason in 
early Roman law was perduelliOf a word made 
up of jw, para = " very," and duellumf " war " 
(Charisius, ii. 14, 159). Ferduellis, a person 
guilty of this crime, originally signified a pro- 
nounced public enemy of the state, and then 
came to mean one who assisted a public enemy 
by his treachery (Varro, L. L, v. 1, 3 ; Cic. de 
Off, i. 12, 37 ; Dig. 50, 16, 234: cf. L. Lange, 
de duelli vooabuli crigma etfaUsy, According to 
^ the Twelve Tables, a citizen was perduedis who 
showed a hostile disposition against his country, 
either by stirring up an enemy against it 
(^hostem oonciere) or by surrendering a Roman 
citizen to an enemy (pivem hosti tradere) (Voigt, 
XIL Tafein, ii. § 172) ; but the offence, like 
that of treason in early English law, was not 
clearly defined, as is shown by the £sct that the 
crime of Horatius in killing his sister was 
included, according to Livy (i. 26), under the 
head of perdueliio, and not under that of pcarri* 
ddmmj to which it seems legally to belong. 
(Festus, s. V. Sororivan: cf. Mommsen, StaatB- 
rechtf ii,' p. 615; Clark, Early JRomcm Law, 
p. 73.) 

The earliest trial and form of procedure is 
that which is given by Livy (i. 26) in respect of 
this case (cf. Liv. vi. 20). In the regal period 
the jurisdiction over this and other capital 
offences belonged to the king, who might dele- 
gate his power to commissioners, called dwawri 
perduellioni jwUoandae, Under the Republic the 
jurisdiction was given directly to duoviri, who 
were appointed for each particular occasion by 
the Comitia. There was always an appeal (joro- 
vocaOo) from the duoviri to the populus« The 
perduellionia judicium existed at feast in theory 
to the later times of the Republic (Cic. Orat, 
46, 156) ; but the name seems almost to have 
fiedlen into disuse. (Mommsen, Staatsreohtf ii. 
pp. 542, 615-618.) 

Perduailio was regarded as a religious offence 
in early times, the tutelary god being propi- 
tiated by the death of the offender {deo necari)^ 
who was put to death by flogging and hanging 
<*< infelici arbori reste suspendi . . . verberatum/' 
Cic. pro Sabir. perd, 4, 13; Liv. L 26, 6). In 
€onrBe of time the punishment was aquae et 
ignis iiUerdictio. 

Voigt gives the following as cases of per- 
duellio by stirring up an enemy against the 
state :--l. The case of Vitruvius Vaccus, 426 
A.U.O., who was tried before a quaestio extra' 
ordtnorta and convicted (Liv. viii. 19, 4 ; 20, 6). 
2. The case of the Tusculans, in 431 ▲.u.O., who 



were prosecuted by the tribunes and acquittej 
(Liv. viii. 37, S-1 1). 3. The case of Semproniq 
Gracchus, in 631 ▲.nx., who was acquitte(i 
The case of C. Popilius Laenas, in 647 a.u.c, ] 
given as one of perduellio by surrendering i 
Roman citizen to an enemy (Auct. ad Harm 
iv. 24, 34 ; Cic de Leg. iii. 16, 36 ; Uv. Ep, 65| 
It should be added that Cn. Fulvius was charge 
with the offence of treason for losing a Ronu^ 
armv (Liv. xxvi. 1, 3). 

The term perdueUio was still used under tlj 
Empire and b found in Justinian's legisUtio) 
but it is a question whether it was not merg^ 
for all legal purposes in the crimen majeitui 
Ulpian, as cited in Dig. 48, 4^ 11, distinguislM 
between the legal consequences of mt^etU 
which is perdueUio and majestas which is sot, \ 
that we should perhaps regard perdueUio at i^ 
time as a species of majeetae. 

The word majestae consistently with its reli 
tion to mag[nus'] signifies the magnitude i 
greatness of a thing. ** Majestas," says Cicei 
(Part. Orat. 30, 105), << est qnaedam magniti 
Populi Romani;" '* Majestas est in Impei 
atque in nominis Populi Romani dignitate] 
Accordingly the phrases majeetaa Populi Bo 
Imperii majeetae (Hor. C^xmu iv. 15X s^n 
the whole of that which constituted the Romi 
state ; in other words, the sovereign power 
the Roman state. The expression mi'mie^ 
majestatem consequently signifies any set l| 
which this majestas was im^Mired ; and it I 
thus defined by Cicero {de Intfent, ii. 17, 53J 
''Majestatem minuere est de dignitste, tij 
amplitudine, aut potestate Populi ant eonn 
quibus Populus potestatem dedit, aliqnid d«n 
gare." (See Cic ad Fam, ui. 11 : " MajeiUt<^ 
auxisti.") The phrase majestas Publica in to 
Digest is equivalent to the majesku Pcm 
JRomani, The crimen majesttxiiSf or, to nse ti 
complete expression, crimen laesae, ksmimm 
demmutae^ minutae, majestatiSf is the ofil«ic« 
injuring or attempting to injure the sorereifl 
power of the Roman people. Accordinglr it] 
defined by Ulpian (Dig. 48, 4, 1) to be '' crim^ 
illud quod aidversus Popnlnm Roraanam v{ 
adversus securitatem ejus committitur." Tbj 
the conception of the crimen majestaUs is rsm 
abstract and wider in scope than perdueUio i 
than that of treason in English law. 

Various leges were passed for the purpose I 
determining more accurately what should I 
majestas* These leges were a Lex Apaleis, pij 
bably passed in the fifth coniiulship of Msii^ 
the exact contents of which are unknown (Ci 
de Or, ii. 25, 49) ; a Lex Varia, B.C. 91 (ApH 
Bell, CS«. 1, 37; Cic Brut, 89, 304; Val^ 
Maxim, viii. 6, § 4; Cic pro Soaur, 1, 3; Tu 
cul, ii. 24, 57); a Lex Cornelia, passed br ] 
Cornelius Sulla, which appears to have consol 
dated and made considerable additions to ti 
law of majestas, bringing under it a number I 
acts of usurpation on the part of pronocij 
governors and of magistrates. Sigonius M 
attempted to collect its capita. By this Ij 
majestas became the subject of a quatstio f<\ 
petua (Cic in Pis. 21, 50 ; pv Chient, 3o, 9^ 
ad Fom, iii. 11 : ct Zachariii, Com, 5Wk 
129-131; Volkerstaert, de L. Comdio M 
legitiatorey pp. 154-160). Lastly, there was tl 
Lex Julia de majestate, which continneKl und^ 
the Empire to be the Aindamental enactment i 



i 



MAJE8TAS 

tkc nbject This I«ex Julia is by some attri- 
buted to CL Jnlins, aod assigned to the year B.C. 
4ii, aad tiuB msy be the lex referred to in the 
Digot sad Code. That a Lex de majestate was 
pinoi is Cssiar's time appears from Cicero 
mfp, L 9, 23> Bat moie probably the Lex 
tlift i msjestsie was one of the Leges Jnliae 
d Ajiptija. Like many other legea^ the Lex 
Jalis vai modified by senatnsoonsolta and 
iaperisl oonstitations ; and we most not con- 
clade from the title in the Digest (48, 4), ad 
L^tM Jviiam majatatisj that all the provisions 
asoented under that title were comprehended 
a tie original Lex Julia. 

Toe offcocei comprised nnder the head of 
oiaa najestaHs may be dirided into two 
hods: (1) Attacks against the public security 
gnezallj; end (2) treason specially directed 
sgiifiit tbd pcnon of the emperor. 

(1.) Under this head we may include acts of 
tk £)ilowiiig kind : — Bearing arms against the 
SLii, sdberittg to the public enemy in rarious 
var^ieditiai directed against the state, inciting 
li aatmj, msking war or levying troops with- 
cflt aatiiority to do so, killing a Roman magis* 
true, tke refusal of a goTcmor to leave his pro- 
Tiace after he had beien supeneded, and other 
o&Jsvfsl acts of officials, the forgery of public 
iaitmoents, kc (Dig. 48, 4, 1, 2; Paul. 5, 
29, 1.) 

(^) Uoder the Empire the term majestas 

vai applied to the person of the reigning Caesar, 

a&i we find the phruee mo^etiaM Aug^stOj imperor- 

^r^ and regia. It was, however, nothing new 

te a{iplj the term to the emperor, consid»ed in 

acie of his capacities, for it was applied to the 

otpstntas vnder the Republic, as to the consul 

eipnetor(CicPAA/9>.xui.9, 20;«ii'temMn, 

i^ ^). Horace even addresses Augustus {Ep. 

i- 1,248) in the term ''majestas tua," but this 

oa hardly be viewed otherwise than as a per- 

■cal eompiiment, and not as said with refer- 

<:« to any of the offices which he held. It was 

cr tac extension of the crime of mo/ssias that 

^ capeion first raised themselves above the 

fxisLarr law. They were not content with the 

pRt«ct)on which the Lex Cornelia had given to 

■ifiitiites by making it treason to kiU, or 

perils even to attempt to kill them; but the 

^-< tiirial acts of d|sreqMct to the emperor's 

pQ»e or authority beoune treasonable in course 

« tiflK. Augustus availed himself of the Lex 

J^ for prosecuting the authors of fcanosi 

'^ (** oognitionem de fiunoais libellis, specie 

**^tj^ trseUvit," Tac. ^im. L 72 ; Dio Osss. 

in. 37; Soeton. Aug, 55)w The proper inference 

^thspassapof Tacitu is that the Lex Julia 

^ BAt pioper^ 'PPly te words or writings, for 

^wert punishable otherwise. [LiBELUTB, 2.] 

^ penage of Cicero (ad Fam. iiL 11) is mani- 

^j corrupt, and, as it stwida, inconsistent 

^'^ the context ; it cannot be taken as evidoice 

^ the Lex Hajestatis contained any express 

ff^«Qos as to libellous words, as to which 

*^ veze other sufficient provisions [l2> jubia]. 

^^ Tiberius the offence of majettas was 

^'^t^ to all acts and weeds wluch might 

"^ to he disrespectful to the Princeps, as 

fKvi fnm various passages in Tacitua (Aim, 

''^U;ii.50; iii. 38, 66, 67> 

it via treason to do anything which could 
(^>oi% be cQnatned as disrespectful to the 



MAJE8TAS 



115 



statues of the emperor. It is stated by Mar- 
danus, as cited in the Digest, that it was not 
majeataa to repair the statues of the Caesar 
wMch were going to decay ; and a rescript of 
Severus and his son Antoninus Caracalla declared 
that, if a stone was thrown and accidentally 
struck a statue of the emperor, that also was 
not majestea j.BXid they also graciously declared 
that it was not majestas to sell the statues of 
the Caesar before they were consecrated. In 
the time of Tiberius it was a matter of charge 
against a man that in selling a garden he had 
included a statue of Augustus ; which Tiberius 
declared to be no offence (Tac Ann, i, 73). 
There is also an extract from 4Batuminus, de 
JwUciiSj who says that if a person melted down 
the statues or imagines of the emperor, which 
were already consecrated, or did any similar 
act, he was liable to the penalties of the Lex 
Julia majestatis. Augustus wished to treat an 
act of adultery with a female member of the 
imperial family as treason ; but it was declared 
by Tiberius that this was not the law (Tac 
Ann. ii. 50; Afommsen, Staatarechtf ii. 754). 
The violation of an oath which a person hsid 
sworn by the Genius or Salus of the emperor 
was included in the crimen maJeskOie, The 
assumption by a private person of a divine as 
well as of a regal title of honour made him sub- 
ject to the law of treason (Mommsen, op, cit. 
ii. 755, 817). It was sufficient to constitute 
treason that a treasonable act should have been 
begun, but a mere intention to commit the 
offence without any overt act was not treason. 
(For the mode, of procedure in trials on acootmt 
of hesa majeetat^ see Crimen, Quaestio.) 

An inquiry might be msde into an act of 
treason against the Imperator even after the 
death of the offender (Cod. 9, 9, 6); a rule 
which was established (as we are informed by 
Paulus) by M. Aurelius in the case of Druncianus 
or Druncanius, a senator who had taken part in 
the outbreak of Cassius, and whose property 
was claimed by the fiscus after his death. Per- 
haps the account of Capitolinus (Jf. Ant. Fkil, 
c 26) and of Vulcatius Gallicanus (Amdiua 
Caseius, c. 9) is not inoonsistent with the state- 
ment of Paulus. On the case of Druncanius, 
see Tillemont, Hietoire dee Empereure, vol. ii. 
p. 382. Women were admitted as evidence in a 
case of la£9a majestasj and the case of Fulvia is 
cited as an instance. 

The torture was only applicable generally to 
slaves and not to freemen, but it is provided 
that, in case of treason against the emperor, all 
persons should be in the same position as slaves 
in respect of liability to torture. (Dio Cass. 
Ix. 15 ; Paul. 5, 29, 2 ; Tac Ann. xv. 56 ; Dig. 
48, 18, 10, § 1.) Tiberius sold a man's slaves 
to the actor publicua (Ann. uL 67) in order that 
they might not fear to give evidence against 
their master, who was accused of repettmdae and 
also of majestas. 

The crime of majestas was pimished with 
increasing severity under the Empire. The old 
punishment was perpetual interdiction from fire 
and water ; but now, says Paulus (8. R, v. 29, 
1), writing at or about the close of Caracalla*s 
reign, persons of low condition are thrown to 
wild beasts, or burnt alive; persons of better 
condition are simply put to death. The property 
of the offender was confiscated and his memory 

X a 



HAJOHES 



116 

vru iobmoui (damm 
tion of S. ScTcriu and Antoiiiaiu Csnu^lU de- 
clartd that (torn tbetime tbat an act of majtitai 
wu committed  mao conid not alienate bii 
property or muinniit a alave, to which the 
great (magnui) Antoninns {probably Caracalla 
ii' still meant) adiied that a debtor could not 
alter tbat time lawfully make a paymant to 
him. (Dig. 48, 4; Cod. 9, 8 -, Walter, BSmuche 
EedilagacAiehlt, § 803; Rein, Crim. BtcU, 
p. 493 ; Dieck, Qei^ioUe da RBm. Majest. «r- 
bmehen ; J. Waijite, Da* Crimm Majeitatit der 
SSmer; Bmgmuu, da Ferdattt. tt iiajM. 
Cnm.) ra. L] [E. A. W.] 

MAJOUBS. riHPABB.] 

MALACENSIS LEX or MALACITA'NA 
LEX, a ilatute regulatiag the municipal con- 
atitutioa of Malaga in Spaiu^ of which chaptem 
51-69 ware diicoTend on a bronie tablet in fire 
columns near tbat city in 1851. No donbt the 
law wu no enactment of the Roman eomitia, but 
wai bestowed on Malaga hr Domitian, between 
the yean A.t>. 81-84. Along with the Lei 
Snlpensana, which wai eicsrated at the ume 
time and place, it throws coniiderable light on 
the inetitntions and organiutlon of the Latin 
manidpia, and on some purely legal topio, such 
as the "ontio praedibat praediiaque," [Printed 
in the C. I. L. 2, No. 1961, and in Bmni, Fmta 
jvrit Bomani Antigtu. First published by 
R. de Berlanga at Malaga in 1853. See par- 
ticalaily Mommsen's manograph, Die Stidt- 
nchit aer latamtchen Oemaiuba Saipnua und 
italaca in der Provi'm Baelica, Leipiig, 1855. 
They hare also been written on by Laboulaye, 
Paris, 1856 ; Asher, Parit and Heidelberg, 1868 ; 
Giraud, Paria, 1856-8, 1866-8; Van Lier, 1886; 
and Van SchwInJeren, 1868.] [J- B, M,] 

MA'LLEUa, di'm. liisi^oLUB, (1) a ham- 
mer, a mallet, wai nsnj much for the same 
purposes in ancient as in modem time*. In 
Greek the general term is apSpa; the large 
smith's hammer, such as that used by Re- 
pbneatni, la specially called ^nriip (also 
lUrrpa); the word Kpora^li is used for a ham- 
mer with one end sharpened, like a coal-pick. 
In Latin, while maUeiu is the general term, 
morouj is spedalljr ased for the heavy imlth's 
hammer, and vareelltu, marxvhu for smaller 
Tsrletie* (Wd. Orig. lii. 7). When sereral 




The toige of Tnken. (From * bas-relief.) 

men were striking with their hammers on the 
same anvil, it was a matter of neceiaity that 
they ahoold strike in time, and Virgil accord- 



MAUOEPB 

inglyiay* of the Cyclopes, "Inter »e bradi 
toUnnt in numenun" {Georg. ir, 174; Acn. vL 
452). The scene which he describes is np 
sented in the above woodcat, taken from i 
ancient bas-relief, in which Vnlcan, Brontt 
and Steropes are seen forging the metal, vhi 
the third Cyclops, Pymcmon, blows the bellgi 
{Atn. Tiii. 425). Beside theaniil-stand [Incc 
is seen the vessel of water in which the h 
iron or bronie was Immersed (ib. t, 450, 451 

[LlCDB.} 

But, besidee the employment of the hsmm 
upon the anvil for making all ordinary ntenti! 
the smith (xoAjnii) wrought with thi> in>lr 
meat figures called Ipya v^vpiitxra (cr U 
afifrTrra, Bmnck, AtuJ. ii. 222), which vt 
either small and fine, some of their parts beii 
beaten as thin as paper and being in very hi| 
relief, as in the broases of Siris [Lorica], or 
colossal proportions, being composed of separs 
plates, rivetad together : of this the most i 
markable eiample was tbe statue of the sua 
wrought bronie (irfvp^AicrDS ■DAwrirds, Theocr 
xiii. 47 ; pairnipanowla, ?hila de 7 ^MCloc. 
p. 14, ed. Onll.), seventy cabits high, whii 
was erected in Rhodes. Another remarkst 
production of the same kind was the gold 
sUtne of JupiUr (Strabo, viil. p. 378; I'll 
Phaedr. p. 236 B), which was erected at Olyi 
pla by the sons of Cypielna. 

By other artificera the hammer was used 
conjunction with the chisel [Dobaoaji}- " ' 
the carpenter {pwUata mo/Inu, Coripp. de Lot 
Juitiai, if. 47 ; wDodcat, Vol. 1. p. 126) and tl 
sculptor. 

Several drawinp of ancient hammers msvl 
seen in BIflmner, Techaologie, II. 196, every'm 
of which might be matched bj a pattern now 

8. To be distinguished from the above 
malkaitu, a sort of rocket, having lighted la 
and pitch attached to one end, which was tbroi 
In sieges and in navnl warfare. Its name 
probably derived from mailioha, the shoot of 
plant, or else because the head with the la 
attached was compared to a hammer. (See G 
Cat. i. 13, 32 ; Uv. ilii. 64 ; Amm. Harcelt. iri 
t,14;JV_eget,iv. 18.) [W. S.] [Q. E. M/ 



MALTJH. [Navib.] " 
MALCS OtULUS. [Fj 
MANCEP8  ■' 



'ASCtHUK.] 



aptam that aiapex has to a 
original sense ^ ie qui manu capU or qvi na 
dpia ; that is, it means an acquirer or purchaa 
of a thing by the form of conveyance call. 
tTtoBcipiam or maidpaiio (maitcipio aedpiem, * 
Mascipium; cf. TertuU. Apoiog. 11). But i 
an early time the word was also osed to signi 
a party conveying by mancipation {mmrif 
dana). In which sense it is eqni^ent to onow; 
[Plaut. Cure 4, 2, 29), 

From its original meaning inanetpt derin 
several special aignifications. It frei]aent: 
means a person who purchases or hires s thii 
at a public auction. Mancipei were they iri 
bid at the public lettings of the censors for tl 
purpose of /arming any part of the public pr 
perty (Festus, s. v. Mancapi : " Hanceps dirlti 
qui quid a popnlo emit condncitre qnis," &c^ 
Sometimes the chief of the Publican! general! 
are meant by this term, as they wen t! 
bidders for Uie public revenue and gave tl 



MANGIPATIO 



MANCIPIUM 



117 



McaritTj and then they shared the undertaking 

with othcn or underlet it (Ascon. ad Div. in 

C*<MciL 10, 33). These mancipet wofild accord- 

inglr Une dkiinctiTe names, according to the 

kind of rtTtau which they took on lease, as Decu- 

ffnini, PoTtitoRi, Pecnarii. Snetonins ( Vesp, 1) 

s^ji tint tbe &ther of Petro was a manc^ 

<^ Jklwven (operag), who went yearly from 

Cmbria to Sabinum to cultivate the land ; that 

1% he iiired them from their masters and paid so 

C3adb for the use of them, as has been often 

dioae io slsrc eoontriei. Conductores Therma- 

TTsm H SslJDarum are called mancipes in the 

Theodonsn Code (14, 5, 1> The word is also 

cjed in the Theodoiian Code to denote a class of 

^blk officials (8, 5, 53 ; 60, 24, 65, mancipes 

iuoorw). In one place of this Code (14, 16, 2) 

mxmxpt mesos a manager or maudple of a 

fiLlic bakery. (See Forcellini, Lex. ; Dirksen, 

M^joMiky s. T. ; and Yoigt, XIL Tafeln, ii. § 84, 

a. 4.) [G. L] [ELA-W.] 

MAXCIPA'TIO. [MancipiumJ 

MA3fCrPII CAUSA. The three expressions 

Ij which the Bmnana distinguished the different 

S{«dcs of power (manus or pctettas) to which a 

free penoB might be subject in the hands of 

aaother, were in patntate^ m manu^ and t» man" 

Ofio fjnt em (Gains, L 138> Thhs last kind of 

p^wtt arose when a paterfamilias tr^insferred a 

nliaifamiliu to another person by process of 

KsadpatioD [Mavcifium], as he had a right to 

do. The le^ effect of such mancipation was 

that the filins&milias who was the object of it 

ceased to be in the power of his paterfamilias, 

xs-i came into the manc^umf or power, of the 

icrson to whom he was given in mancipation : 

<Aa«by he was degrad^ to a servile state, 

tadergoing a capMs demimUio, A husband 

kii the sane power over a wife m fnamc, for she 

*» fiUae heo. The mancipation was in form a 

eiDTeysact hy sale, and it cannot be doubted 

lut at one time the right of selling children in 

tiii vay was freely exercised, children being 

ftcdlj distinguisbcd from slaves . and other 

fnpertj. In course of time, however, the 

«^t of the mancipation of free persons became 

<^i4erably modified by custom. Generally 

fpetkiu^ such mancipation was mere matter of 

tsTin (djctt gratia^ in the classical period of 

I>«taaa Uw, and probably from a much earlier 

tBac; the form being used in order to free a 

£ue£unilias from patria poietUu [Emangi- 

uno; Ax)QFTio]| and was not intended to give 

^ penoD to whom the transfer was made any 

Ral power, though for the moment until manu- 

B>coB the person mandpated was nominally in 

■Aci^aiiisa,and thus suffered oopiif is dSniufNi^ 

(.'xiiu, L 141)l The mandpation came only to 

^ aed for the purpose of creating a real and 

^*rtag OMas mandpii when a nliusfamilias 

vu ionendcred by his paterfamilias to some 

«e 00 soooont of a delict which the filius- 

hniUai had committed against the surrenderee. 

^ power exercised over persons in mandpii 

"■B resembled that of a master over his slaves 

i"Ac^). Thus Cicero compares the position 

'^ipenon m mandpio with that of a criminal 

««*ttoed to slavery (j>ro Caecin. 34, 98). 

^^ l&e sisves to the person to whom they 

*^ traaiierred, they had no agnatic rights in 

^ iaoily, and tbey were manumitted in the 

*Be vij |g slarce, the person manumitting 



them acquiring thereby a kind of patronal 
relation to them. Still such persons were not 
exactly in the relation of slaves to the persons 
to whom they were mandpated ; thus they were 
to some extent protected from the ill-treatment 
of the latter ^y the actio injuriarum which they 
might maintain (Gains, L 141) : their children 
were not in mandpio, according to Gains (Gaius, 
L 135); they were not possessed as property 
(Gaius, iL 90), and though they were necessarii 
heredeSf if instituted by their master, they had 
the benefidum datinendi like sui heredes (Gains, 
ii. 160). [Hebes.] 

But the great distinction between a person in 
mandpio and a mandpium or slave was that 
whereas a slave had no rights, a person in 
manc^ was only in a servile condition in 
respect to the person to whom he was mand- 
pated, not losing his general status as a freeman. 
The semi-servile position of persons in mandpio 
is expressed by the phrase causa mandpii. 

In respect of property, the same rule applied 
to persons in mandpio as to other persons who 
were eUieni juris: all that they had or acquired 
belonged to the person in whose mandpium 
they were, ifandptum was put an end to 
by manumission vtndtcto, censu, or testamento. 
According to Gaius (i. 140), manumission 
censu of a person tn mandpio might take 
place without the consent of the person whose 
mandpium was taken away; but this was 
not applicable to a person mancipated on 
condition of remandpation to his father, or to a 
person mancipated ex noxaii causa; that is, on 
account of his delict (Gains, i. 140). When, 
however, a person surrendered ex noxaii ccnua 
(noxae datus}, had made satisfaction for the 
injury he had committed, the person noxae 
accipiens might be compelled to make a reman- 
cipation or manumission by order of the praetor. 
{Coilat. ii. 3, 1 ; Inst Just. 4, 8, 3 : cf. Theoph. 
ad he.) The limitations of the Lex Aelia Sentia 
and Fufia Canidia in respect to the manumission 
of slaves did not apply to this kind of manu- 
mission. 

The mandpium was put an end to by reman- 
dpation to the father; it did not terminate 
ijao jure, but always required some act of re- 
mandpation or manumission. Justinian put an 
end to the noxae datio in the case of children, 
which indeed before his time had fallen into 
disuse, (/fisf. Just. 4, 8, 7 ; Gains, i. 116>123, 
138-141; A. Schmidt, Die PersMichkdt d. 
Sklaven ; Danz, Geschichte des rdmischen Rechts ; 
Walter, OeschichU d. Him. BechU; Backing, 
Pond. Inst. i. § 48; Kuntze, Curtus d. R. R. 
§§ 796, 797.) [E. A. W.] 

MA'NCIPI BES. [DoMiKiUM.] 

HANCITIUM, or according to an earlier 
form mancupium, is the formal legal proceeding 
per aes et Hbram, by which power and dominion 
over persons and over things was transferred by 
one person to another. The word in this sense 
is of ancient origin, and occurs in the Twelve 
Tables (Dicksen, Uebersicht, &c. p. 395 ; Voigt, 
XII. Tafeln, ii. § 84). Cicero only uses manci- 
pium, but Gains and other writers express this 
act of transfer by the more modem word manct- 
patio, which is in its conception the act of trans- 
fer regarded from the side of the purchaser or 
person qui mandpat [Mancefs], as emandpatio^ 
emandparCf which sometimes mean generally a 



118 



MANCIPItJM 



conveyance or to convey per aes et Uhram (Qnin- 
til. vi. 3 ; Plin. Ep. ad TraJ, 4, 3 ; GelL xv. 27, 
3), refer to the side of the transferor ; fiumcH 
pium is the conveyance regarded as an act both 
of transferor and transferee (Voigt, /. c). The 
etymology of the word manoipium h the same 
as that of the word manoipatio, of which Gains 
(i. 121) saysy ^ Mancipatio dicitur qnia mann 
res capitur." The term manoipium^ then, is 
derived from the act of corporeal apprehension 
of the thing to be conveyed, which took place 
in this process of transfer. This explanation of 
the origin of the word, which is adopted by 
most modem writers, is rejected by Mr. Mnir- 
head (Introduction to the Law of Rome^ p. 61), 
who maintains that the notion of mancipinm is 
not manu oapere, bnt fiumum oapere, to take or 
acquire by transfer power or dominion over per- 
sons and things. He urges as an objection to the 
common etymology that there was no taking 
with the hand when land or a house was being 
conveyed, for the parties did not require to be 
near them ; and there could be none in the man- 
cipation of a praedial servitude, for it was 
intangible. This criticism is based on the 
assumption, that the law on the subject of man- 
cipation, as it is described by Gaius, was also the 
law of earlier times, when the word mandpimi 
was first formed ; it seems probable, however, 
that a taking of the thing or of some part of it 
by the hand was at first required in every ret 
manoipatio, as well as in every rei vindioatio, and 
that it was subsequently dispensed with in the 
case of land on account of its inconvenience. 
There is also reason to suppose, that praedial 
rustic servitudes were not one of the original 
objects of an independent mancipation. 

The party who made a transfer pursuant to 
the form of mancipation was said fnandpib dare ; 
he to whom the transfer was made was said 
mandpio acdpere (Plant. Trin, ii. 4, 18). The 
verb nurndpare b sometimes used as equivalent 
to mandpio acdpere (cf. 8chol. Crug. ad Hor. 
Ep. ii. 159 ; ** mancipat : mancipio aocipit," 
Voigt, /. c). Horace uses the phrase ** mand- 
pat usus," which is not an unreasonable licence ; 
he means to say that twus or usucapion has the 
same effect as mancipation, which is true ; but 
the effect in case of usucapion is produced by 
possession for a certain time, when the possessor 
has not already acquired ownership by mancipa- 
tion or other title. 

Some Latin writers who lived towahls the 
close of the Republic appear to have considered 
mandpiwn to be a species of nertim, the term 
neamm being used by thom in a more general 
sense than had attached to it in earlier times. 
According to Aelius Gallus, as cited by Jestus 
(s. V. nexum\ everything was neoBum, '<quod- 
cunque per aes et libram geritur ; " and as mand-' 
patio was effected per aes et librcmiy it was conse- 
quently a nexvm. M. Manilius, as cited by 
Yarro (Z. L. vii. 105), attaches the same com- 
prehensive sense to the term nexum, Cicero 
(Top. 5, 28) says that the alienation of a res 
mandpi was effected either by traditio nexu or 
by m jure cessio. These two modes correspond 
to the mandpatio and in jure cessio of Gains (ii. 
41), and accordingly mandpatio (or the older 
term manoupium) is equivalent to traditio nexu. 

But, as we see from a passage of Varro which 
contains a definition of nexwn by C. Mndus 



MANGIPIUM 

Scaevola, the term nexum was, properly speak- 
ing, only applicable to proceedings per aes ei 
libram, in so far as obligations resulted from 
them, and so would not include the notion of 
conveyance, which attaches to mandpkan, (Van. 
L. L. vii. 5, 105: <*(Q. Muciu«) nexum (est), 
quae per aes et libram fiant, ut obligentor, 
praeterquam quae mandpio dentur (Varr.): 
hoc verius esse ipsnm verbum ostendit, de qno 
quaerit : nam id est, quod obligatur per librsm 
neque suum fit; inde nexum dictum.'*) A 
nexwn was, however, contained in a rd mam^ 
patio, since the latter proceeding, besides traos- 
ferring ownership, which was its main object, 
also gave rise to subsidiary obligations. Thus 
the mandpio dans was bound to warrant tJ)« 
title to the thing conveyed against eviction, and 
the mandpio acdpiens might be bound by a 
Jiduda attached to the mandpation to reconvej 
the thing on the happening of some condition. 
Hence a res was said to be nexa or cbligata which 
was mancipated subject to a pledge or mortgage. 
Cicero (de ffarusp. Besp. 7, 14) indudes in the 
same sentence l>oth the jus mandpH and the 
jus next, where he is speaking of varioos title» 
to property. He may mean here to speak of the 
jus mandpii in the sense of title by absolute 
conveyance as contrasted with the jtis nexi or 
title by mortgage. (Cf. Cic de Orat. i. 38, 173; 
ad Fam, iv. 30.) 

The forms of mancipations are described by 
Gaius (i. 119): «< Mancipatio is effected in the 
presence of not less than five witnesses, who 
most be Roman dtizens and of the age of 
puberty (pitAeres\ and also in the presence of 
another person of the same condition, who holds 
a pair of brazen scales, and hence is called libri' 
pens. The purchaser (qui mandpio acdpt) 
taking hold of the thing says : 1 affirm that this 
slave (homo) is mine ex jure Quiritiwn, sad he it 
purchased by me with this piece of money (aes), 
and he gives it to the seller (d a quo numc^ 
aodpii) as a symbol of the price (quasi pretH 
loooy* The same account of the matter is 
given more briefly by Ulpian (Frag. xix.). 

Mandpation was instituted at a time when 
only copper money was in use, as we learn, 
^Gaius says, from the Twelve Tables ; and it also 
dates from a time when money was wdghed in 
scales, there being no coined money (Gains, i. 
122), though subsequently the scales were 
struck with a coin. Mancipation, like all early 
conveyances, is of a public or semi-publlc nature. 
It was not, indeed, as was injure eessio, execnted 
in the presence of a magistratus, but the five 
Roman citizens who were required to attest it 
probably stood in the place of the commuDity, 
and their number may have been originally 
intended to correspond with the five classes into 
which the populus was divided by Servius. 

The libripens was supposed to be an impartial 
third' person, and was perhaps at one time desig- 
nated bv some public authority. We do not 
know whether the scales used in the sale were 
public or private ; but it is probable that there 
were public scales in the market to enable per- 
sons to mancipate slaves and cattle. Mr. Moir- 
head (Introd., &c., p. 58, n. 10) refers to a state- 
ment of Varro (L. L. v. 183) that scalw were 
still preserved in his time in the temple of 
Saturn. 

An act of calling the attention of the wit* 



MAKGIPIUII 

aesBB U ikt execatioD of ike numtii^aiion 
{jfiUslin) is mcDtiooed (cf. Buschke, Juriaprud. 
MUj*a^ €. Adim 6qUu$, § 6) ; but whether it 
V&5 perfivmed hj a person ezciosiTtly employed 
for titt fupoeey or b j one of the parties to the 
m^xmftikti, is uncertain. The terms antestarij 
a^tu^atvif do not occur in Gains and Ulpian, 
^ It is d«ar that when they wrote there was 
30 spedftl pcTMn in the proceeding known as 

Tb« description which Gains gires of mand- 
pitica shews tbat the proceeding consisted of 
Ai assertion of tiUe to the thing on the )>art of 
'Ja purchaser, as well as of the purchase itself 
/IT JO d Ubrtan, This assertion of title, which 
r^>dd in its tenna according to the character of 
t^e msadpstion, corresponded to some extent 
w:ih the claim made by a person acquiring a 
ttLAg by m jnrt onsio (Gaiua, ii. 34), though it 
tsa made before witaeeses, and not to the prae- 
t r. The sale per aes wt Ubram was no doubt at 
Cist & real one, but the mandpatioa was con- 
ven^d into a genaral form of transfer by the 
uimal payment of a small piece of copper (ooi, 
rzidMS^ ramkuculum)^ the adequacy of the price 
pud being legally immaterial. Thus Gains 
.ilii ntmc^fotio **imaginaria quacdam rendi- 
uo :" for though the law requix«d the sale, the 
real cuse of tli« transaction was outside the 
aiaadpation, and might just as well be gift or 
ticvry as actual aale. The cause would, how- 
t-Tvr, appear in the instrument, which was gene* 
nllj drawn up aa a record of title (see inscrip- 
uca dted by Voigt, ii § 84, n. 9). 

Tbe esMutial parts of the formula of manci- 
pctioQ might be accompanied by qualifications 
ca^ed leget mmdpu (Cic. dt Or. I 39, 178), 
vliick would be obugatory on the parties. Thus 
BiadpatioBS might be made subject to a trust 
iidncia) of remaadpation, and servitudes might 
U roerred (dtdhtciio) by this means. Effect 
ns giren to such additional terms by the clause 
r vf the TwdTe Tables, ^ Cum nexum fadet man- 
cfr<«atque, nti lingni nuaeupaasit, ita Jus esto." 
^^ nHempaUa was the dedamtion of the terras 
'■f the mandpatioB by the parties to the oon- 
miaei. In Bomaa law of the dassical period 
'& vas mote nsoal to make independent core- 
■ats eeneeniing accessory terms, instead of 
c^rperatang them in the mandpation itself, 
^tttdpation was a general form of transfer, and 
VM Mt only used in the conveyance of property, 
^t ia other transactions, aa in emandpation, 
>^<1)tion, eo-enptlon. Aa to the application of 
Ottc^atio to wills, see Tebtamesituii. 

Mn eipaHo and ta Jvr€ o&etio (a conTeyance 
pfobahfy of later origin than mandpation) were 
t^ «bIy means of transferring ownership reoog- 
B«d br the Uw of the TweWe Tables. After a 
(ise, howerer, only certain kinds of things, 
•^Qcd res mcmc^ were required to be Con- 
veyed by mandpatio, other res (nee manoipC) 
'^^ allowed to pass by mere informal delirery 
'; PMsession (pxtHtio). It is not to be supposed 
'•^ the d&Mt of this change was to prcTent res 
'^ ^ndpi being transferred by mandpation, 
!:«iU the parties to a conTeyance wish to use 
'•is fena ; mandpation seems, m fiust, to have 
>a wiartimee used for oonreying important 
'J vc aMaa^' (e^. PUn. ff. N. ix. § 117),. pro- 
^% on aecennt of ita evidentiary ralue and 
^ vinaaty ef title which attached to it* 



MAlNGIPIUM 



119 



The following res were res mancipi :— Lands 
and houses tn Italico solo, praedial rustic servi- 
tudes, slaves, oxen, horses, mules, and asses. 
(Gaius, i. 120 ; iL 15, 17.) [DommuM.] 

Lands (praedid) might be transferred by man- 
dpation, though the parties to the mancipation 
were not on the land; but all other things 
which were mandpated were only transferable 
in the presence of the parties. The purchaser 
or person to whom the mandpatio was made did 
not in the time of the classical jurists acquire 
possession by the act of mandpation, but only 
ownership, the acquisition ofpossesrion being a 
separate act (Gains, iv. 181) [POflBEano], though 
as a matter of fact the transfer of ownership 
and possession would generally take place at the 
same time, at least in the case or movables. 
The conveyance ot a res manc^ by informal 
delivery only, had no legal effect in respect of 
transfer of ownership according to Jus Ciyile, 
but in course of time the praetor protected a 
person to whom a res mancipi had been conveyed 
by tradUio, giving him the same security as if 
he had acquired a dvil title by mancipation (in 
bonis rem habere. Gains, ii. 40). The establish- 
ment of a praetorian title in such a case was a 
great step towards the abolition of fnaaeijpnim aa 
a conveyance. When things were transferred by 
mandpaHo under a contract of sale, the vendor 
was bound to warranty in double of the amount 
of the thing sold (Paul. £L B. ii. 17). A vendor 
therefore who had a doubtfU title would not 
sell by mancipiumy but would merely transfer by 
delivery, and leave the purchaser to acquire the 
Quiritarian ownership of the thing t^ usucapion 
(Plant. Ourc, Iv. 2, 9 ; Persa, iv. 3, 56). Ac- 
cordingly Varro observes (R. E, iL 10) that if a 
slave was not transferred by maactpmin, the 
seller entered into a sUpmhUo dupli to be en- 
forced by the buyer in the case of eviction; 
when the transfer was] by manctptum, the stipu- 
lation was not necessary. 

Mandpation, an institution of the Jus Civile, 
was not suited to the customs of non-Italian 
people, and came to be regarded as an incon- 
venient form; hence it gndually lost its im- 
portance, and in Justinian's legislation was 
entirely superseded by the informal conveyance 
iraditiOf which was derived from the Jus Gen- 
tium (Cod. Just. 1, 81: "de sublata differentia 
rerum mandpi et nee mancipi.'' In passages of 
the Corpus Juris, where the jurista sp^ of 
mandpatio, the compilers substitute iraditio. 
The last mention of the conveyance occurs in 
Vai, Frag. §813; Hermog. Cod. 7, 1\ Theod. 
Cod. 8, 12, 4, 5). Mandpatio ceased also to be 
a formality in adoption and emancipation; 

The word' manc^pium is'usedin.a cognate 
sense te the above as equivalent to <Joniplete 
ownership, and may thns be opposed'to' ustis, as 
in a passage of Lucretius that 'has often been 
quoted (iii. 971), and to Frmsip^ (dc ad Fam, 
vii. 29, 30). Sometimes the word mandpium 
means the thing manciplKted,'alid hence it fre- 
quently signifies a slave, as bdng a most impor- 
tant res mandpi. This is probably the sense of 
the word in Cicero (Top. 5, 27) and certainly in 
HorBoe'(^. i. 6, 39). (Brisson, Antiq.i. 7; 
Giraiid, Bidierches swr le droit de propridte dhex 
les Rom. i. 217, Ac; Ldst, Mandpation wnd 
Eigenthvmstradition, rev. by Degenkolb, KriL 
Viertdjahrschriftj vol. xx. p. 481- ; Deiters,.€b 



120 



MANDATUM 



mancipat. indole et ambiiu ; Bechmann, Kctuf, i. 
47, &c.; Kuntre, Excurse, 167, &c.; Voigt, 
JCIL Taf^n, ii. §§ 84-88 ; Ihering. Qeiat, ii. 
§ 46 ; Maine's Ancient Law, p. 318.) [E. A. W.] 

MANDA'TUM. 1. Mandaiwn, "a com- 
mission/' is the name of a contract which arises 
from consent ; t.tf. it requires no special form of 
words, no entry in a ledger, no passing of 
property or of the possession of property from 
one party to the other: as soon as the two 
parties have mutually agreed, the one to employ 
the other, and the other to be so employed, the 
legal relation exists, subject howeyer to two 
conditions. The employment must be one which 
is not merely for the benefit of the person 
employed, and payment for the service must not 
be part of the agreement. If payment is in- 
tended, the contract is hiring (locatio, conductio), 
not mandate : if A suggests to B to do something 
in B's own interest solely, A's instructions are 
held to amount merely to advice (oonn/ium), on 
which no legal responsibility is incurred (Dig. 
17, 1, 2, 6). On the other hand, if B does some 
act for A and in A's interest, without previous 
instructions, B may have an action to recover 
his expenses, but this action is a special one 
founded simply on the business done (negotiorum 
gestorum : cf. Dig. 3, 5, 2, &c.). The person 
who gives a commission is called mandator or 
mandans; the person who undertakes the com- 
mission is called m qui iuacipity or redpU, 
mandatumj ctU mandatum etty &c. (in modem 
Latin, memdatarius, *' mandatee "). The man- 
datee is bound to execute the commission dili- 
gently and faithfully, or else to renounce it in 
time to prevent loss to the mandator (Dig. 17, 
1, 22, 11). He is to account to him for all 
profit arising from it. For any expense or loss 
properly incurred, or strictly incidental, the 
mandator is liable. The mimdator's right of 
action to enforce fulfilment of the mandatee's 
obligations to him is actio numdati: the man- 
datee's action to obtain reimbursement is actio 
mandati contraria. As a rule the mandate is 
extinguished by the death of either party, at 
least if the event be known to the other party 
and the commission be yet unexecuted. But 
rights arising from a commission may be enforoe<l 
by or against the heirs of either party (Dig. 17, 
1, 58, pr.). This rule, however, seems in early 
times to have been doubtful ; M. Drusus, the 
city praetor (under what circumstances we know 
AotX refusing the right of action and Sex. Julius 
(a successor ?) granting it (Auct. ad Heren. ii. 13, 
§ 19). Either party adjudged guilty of breach 
of good faith became thereby disgraced, igno- 
miAibstM (Gains, iv. 182), ih/amia notatur (Edict. 
ap. Dig. 3, 2, 1; S>, 6, 5). So Cicero says, 
'* mandati constitntum est indicium non minus 
turpe quam f urti " (i?ose. Am. 38, 111 sqg,)\ 
and the heir was eventually held responsible 
for fraud on the part of his predecessor (Dig. 44, 
7. 12). 

A special case of mandate, called by modem 
lawyers mandatum qualificatum, is a request 
from A to B to lend C money. A was taken to 
guarantee payment, and B (the creditor) had, if 
the debtor failed to pay, an action on the 
mandate (act, m. contraria) against A to recover 
the money, and then in return ceded to him the 
creditor's right of action on the loan. A surety i 
proper (fidejusaor), on the other hand, was | 



MANIGA 

regarded as assuming the responsibility at tb« 
instance of the debtor, and, if forced to pay the 
debt of his principal, had an action of mandate 
against him (Gains, iii. 127). Hence mandatcns 
and fidejussores are often discussed together, 
though their legal positions were different iu 
seveml respects (e,g. Dig. 17, 1, 28 ; 37; 46, 1, 
&c). 
The principal authorities are Cic JSosc. Am. 

I. c ; Gains, iii. 155 aqq. ; Dig. 17, 1 ; 46, 1 ; 
Cod. iv. 35, 36 ; Inst. iu. 26. 

2. Mandata is technically used of the ** com- 
mission " or instructions given, especially to 
provincial governors, by the emperor. These 
were very various and related to their ov-n 
conduct (e.g. Dig. 1, 16, 6, 3 ; 32, 1, 4), or to 
their administration (e.g. Dig. 87, 14, 7, 1 ; 47, 

II, 6; 22, 1), or even established new rules ot' 
private law : e.g. the validity of a soldier's will, 
though not in due form (Dig. 29, 1, 1). Th«a« 
instructions, like the Edicts, appear by frequent 
repetition to have assumed the character of 
standing orders (cf. Dig. 29, 4) ; and Justinian 
A.D. 535 further consolidated some such in- 
structions into what is now called the 17th 
Novel. Pliny in his letters to Trajan refers to 
them (Ep. 97, § 7 ; 111, 112). Cicero appliM 
the term to a legate's instructions (de Leg. iii. K 
18); and Frontinus (Aquaed. 110, 111) quoUi 
from a chapter of the Instructions (ex capitf 
mandatorwn) rules for the use of water from the 
Italian aqueducts (cf. Cod. i. 85; Rudorff, £. G. 
i. 56). [a J. R] 

MANDRAK [Latbuncull] 
MA'NDYAS (fuu^hias). [Lacerna.] 
MANES. See Diet, of Greek and Bom. Bio- 
graphy and Mythology. 
MANGKXNES. [Servus.] 
MA'NICA, a sleeve, regarded as effeminate 
until the later Empire. Verg. Aen. iz. 6I(>, 
** Et tunicae manicas et habent redimicula mitrae 
vere Phrygiae," and Gell. vi. 12, "Tuniris 
uti virum prolixis ultra brachia et usque in 
primores manns ac prope digitos Bomae atqne 
omni in Latio indecorum fuit." But the fashion 
changed, *^ Talares et manicatas tunicas habere 
apud Komanos veteres flagitium erat nunc sutem 
honesto loco natis, cum tunicati sunt non ea« 
habere fiagitium est." (Auguatin. de doct 
Christ: iii. 20.) Besides the use of sleerei 
sewed to the tunic, which, when so manu- 
factured, was called chiridata or manicata tunics 
(Curt. iii. 7, p. 12, ed. Zumpt), sleeves were also 
worn as a separate part of the dress. Psllsdius 
(de Be Bust. i. 43) mentions the propriety of | 
providing ocreas manieasque de pellUmj i-^j 
leggings and sleeves made of hides, as useful 
both to the huntsman and to the agricultural 
labourer. The Roman gladiators wore, together 
with greaves, a sleeve of an appropriate kind on 
the right arm and hand (Juv. vi. 255), as » 
exhibited in the woodcuts under Gladiator. 

These parts of dress are mentioned tog«th«r 
even as early as the Homeric age (see Od. xxiy* 
228, 229). In this passage the manicae (x^iP'' 
9et) seem to be fingerless gloves, worn on the 
hands to protect them from briars and tboroi ; 
and Eustathius, in his commentary on the other 
passage, distinguishes between these and glo^f^ 
which he calls x<iP^8«' iatcrvkwral (p. 1^*^ » 
imt.). The x<(p2f ir\^a apyvpiou was probably 
not (as in Liddell and Scott) a ileere, but a 



MANIPULU8 

katbtn ^0T«, Iik€ that in the Odyssey, nsed as 
a pune. 

Glores vith fingers (dUgiiaUa, Yarro, de Be 
KaL 1 55) were worn among the Romans for 
tbe j)erfflnaaDoe of certain manual operations. 
FlisT toe jonnger refers also to the use uf 
ixjBkai in irinter to protect the hands from 
cojd {EpisL iii. 5). Those used by the Persians 
nr« probably made of fur, perhaps resembling 
Eftfi: tbe Penians also wore gloves in winter 
iJkgrwk^^pWLj Xen. Cyrop. Tiii. 3, § 17). In an 
fescmention of the instruments of torture used 
la tJie fourth century of the Christian era we 
oU^rre ''the glove" (Synes. Upist. 58); pro- 
bably SB iron glove for crushing the lumd, as 
tiK^ boot "did the leg. 

Handffifls were called tnanicoff. (Verg. Georg. 
rr. 4^9 ; Jm. ii. 146 ;— Plant. Asin. ii. 2, 38 ; 
Cift iii. 5, 1 ; Mott. v. 1, 17 ; — ^Non. Marcellus, 

In Locaxu iiL 565, manioa is used ai equivalent 
t> Miirus Ferbea. [J. T.l [G. E. M.] 

3IANITULUS ; MANIlPULA'BES ; MA- 
XIPLXA'RIL [ExERcrrus, Vol. 1. p. 783.] 

MA'NSIO (irraBiUs). When the kings of 
Penia, and afterwards the Romans, constructed 
tiK great roada through their empires, there 
Estonily sprung up certain resting-places. 
There travellers atayed for the night, or re- 
freshed thamaelvea. The term <rra$fi6s, which 
Dhmanly meant a lonely habitation for shep- 
^ods and thsir flocks, was applied by the 
Gmka to thcM stations. Herodotus (v. 52) 
grrcs a full aoommt of the royal road which 
Tin from Soidei to Susa (and from Sardes 
to Kphwoa» Al ▼. 54). There were stations 
icd hahisg-placea (oraBfuA fiatriK'hUn jcol leara- 
Xinct) aU along it, 20 within the limits of 
Ilixygia and Lydia, a distance of 94} parasangs 
(iUqi 320 English miles); in Cappadoda, a 
Stance of 104 parasangs, there were 28 
ttatioos ; in Gllicia, a distance of 15} parasangs, 
t3«n were 3 ; in Armenia, in a space of 56} 
ivmngs, then were 15, and so on, making 111 
«^«i^ in all. The whole distance is estimated 
St 13,500 stades, so that the average number of 
staccs in cadk stathmns was about 121, or just 
4 ptruangs (lew than 14 English miles). But 
^' Herodotoa {loc cd.) puts the average day's 
jasraejat 150 stades, it is evidelit that the 
«utbiu were frequently a less distance apart 
tisa a usual daj^s journey. As a matter of 
i»A the day's journey varied in different regions, 
*y Herodotua, when discussing the extent of 
^•.Tthia Qr. 101), makes the day's journey 
'-Qtsmi to 200 stades. It is plain from Hero- 
^'tu (he. at) and Xenophon (^Anab, i. 2) that 
ta« itathmi were situated at very irregular 
iriervals. Hie term ffroBfihs naturally came 
to be mod of the distance or stage between the 
^altiag-places. Hence Herodotus, to distinguish 
x^ halting-places themselves, uses in one place 
^ phrase s a T a Tsryol crdSfiAyf in another 
^tiiui a utaf myifp. Xenophon, who employs 
^id^ as a measure of distance, finds it 
^*oaaMrjf on account of the varying distances 
^v«ea the stopping-places, to specify the 
^Viber of porasaogd in every case. These 
-^Hiag.placcs, which were naturally situated at 
^1« and well-watered spots, would be more 
v^Btrotis in the more fertile regions: cf. 
^yijaeaos (vii. 40, 1)^ riff UtpatZoSy Ma K&fAtu 



MAKSIO 



121 



woAXal jcol Xcc^s wokbs Ktd trraSfJuoi itoKKoU 
There would be in those places inns for the 
accommodation of travellers (KorcUv/ua, iroi^do- 
JccDoy). As the great ancient roads of Asia still 
form the main highways for caravans, there 
is every probability that the modern Khan or 
Caravanserai represents the ancient KariKvfAO. 
The Khan is usually a square building, enclosing 
a large open court, surrounded by balconies 
with a series of doors, entering into plain un- 
furnished apartments, and often with a fountain 
in the middle of the court. The Great King 
seems sometimes to have settled conquered 
peoples in these stations; for instance, Darius 
planted the captive Eretrians at Ardericca (ri}s 
Kiaciris x^P^* KCproiKier§ iv irraBfif iuurm), r^ 
oCyofid iariv 'AptdpuacOf Herod, vi. 119). 
Treatises, or handbooks to these aroBfwlf were 
composed, one by Baeto (Atbenaeus, x. 442 b, 
Ba(r»y 6 'AXcldi'Bpov /3i};iaricrr^t iy r^ iweyfKt' 
^fidvfp Sto^/mo) t^s *A\§^dtf9pov iroptiai), and 
another by Amyntas, called simply ol TiraBfwl 
(id. t6.) or^ToBfwi lltpffiKoi (id. ii. 67 a), or ol 
rris 'Aalas oraBfAoi (id. xL 500 d). An'ian 
{Anab. i. 2, 1) uses trraOfihs as a definite 
measure of distance without any reference to 
ptirasangs or stades (jardx^i Si oSrof kwh rod 
"Iffrpav^ its M rhf Mfioy l<{Kri araS/iohs rptis). 
From this it would appear that some average 
day's journey was taken as a ixraB/xds. Hero- 
dotus (viiu 98), speaking of the Persian couriers 
(Ay^apoi), tells us that the road was divided 
into portions, corresponding to the distance that 
a man and horse could traverse in a day (at a 
high rate of speed), and Xenophon {Cyrop. 
viii. 6, 17) ascribes this institution to Cyrus, 
who, having found out what distance a horse 
could do in a day, divided the roads into 
corresponding stages, built stables (Jhnr&¥ts% 
placed oonriera and horses, and a man in charge 
at each station. 

When Augustus organised the Roman empire, 
he establish^! an Imperial Postal System (Suet. 
Aug. 49), which conveyed despatches from 
station to station by means of couriers, who 
were called under the Empire SpeculatoreSf 
corresponding to the iabeUarii of the Republican 

Eeriod. (Tac. Hist. ii. 73; Suet. Cal. 44; cf. 
iv. xxxi. 24.) For this purpose the stations 
{stationes) were divided intomansibites and muta- 
twnes. The former were places where travellers 
rested for the night (cf. Hor. Sat. i. 5, 9, manswri 
oppkhUOf for this use of manere)j and where 
there were inns (deversonum^ caupona, hospitiuniy 
tabema\ or stopped for refr(»diment ; there were 
often likewise houses {palatia) for the accommo- 
dation of the provincial governors, or the 
emperor himself, in case he passed that way. 
The mtUationes (cf. the late Greek oKXayal) 
were mere posting-houses for the changing of 
horses. The woi^ mansio, from meaning a 
stopping-place at the end of a day's journey, 
came to be used like trroBfjihs as a measure of 
distance (Suet. Tib. 10, "deinde ad primam 
statim mansionem febrim nactus ; " Plin. ff. i^. 
xii. § 52, "a quo [monte'] octo roansionibus 
distat regio "). There were usually four or five 
mtUationes to one mansio. The Itinerariwn a 
Bwdigala Hienualem usque, a guide-book com- 
posed about the time of Constantine the Great, 
mentions in order the numsiones from Bordeaux 
to Jerusalem, with the intervening mutattoneSf 



122 



MANTELB 



and the more considerable plaoes near the road, 
which are called either dvitateSf vidf or OMtella, 
and the distances are given in leagues (leugae) 
or miles (mt/ta). [Compare CuBSUB ' Publi- 
c's.] [W. Ri.] 

MAKTETiE, in the imperial times, was a 
table-doth, but originally, as its etymology 
shows, was a towel or napkin nsed by priests at 
sacrifices (Serv. ad Am. i. 701 ; OTid. Fa^, iv. 
933) and by gnests at a banquet. It is natural 
that the antique use of the word should be found 
in accounts of sacrifices, and in Virgil (flecrg, 
iv. 377 ; Am, i. 701X where we find the woollen 
mautele, with soft and eren nap (ionsif matUeiia 
villis), used to wipe the hands when water was 
poured over them before the feast [see Mappa] : 
so Isidore, Or. 19, 26, 6, says, ** Mantelia nunc 
pro operiendis mensis sunt, quae, ut nomen ipsnm 
indicat, olim tergendis manibus praebebantur." 
For the newer fashion of using a table-cloth 
(mantele), see Martial, zii. 29, 12; xiv. 138. 
After Hadrian's time it was the custom to use 
table-cloths of costly material and embroidery 
(Lamprid. Blsliog, 27; Aiex. 3ev. 37). We may 
gather from Horace {8aL ii. 8, 10) that no table- 
doth was used in his time, and no doubt the 
fashion of giving extravagant prices for dining- 
tables of a beautiful grain arose at a time when 
the table was fully shown. In fact, there is no 
mention of the covering of the table earlier than 
the passage dted from Martial, and, when this 
custom arose, the name of the larger or sacrifidal 
napkin was adopted for the table-cloth (see Mar- 
quardt, Prtfw«i6«i, 312). [W. S.] [G. E. M.] 

MA'NTIGA (rfipa, maxof), properly a 
hand-bag, a wallet or travelling bag, in which a 
few necessaries could be carried. It was carried 
in the hand or slung over the shoulder (Appul. 
Met. i. 60; Catull. 22, 21; Pers. 4, 24), or 
strapped on behind the saddle of the horse, 
** mantica cui lumbos onere ulceret " (Hor. &tt. 
i. 6, 106). The later word ctwrta was a larger 
sort of saddle-bag, usually of leather. Either 
would suffice to carry, besides provisions, what- 
ever change of clothes the poorer traveller 
needed. The rich entrusted their luggage to 
the attendant slaves, who packed it up in 
bundles. Thus the Greek arp^^/uera (Arist. 
Av. 616; San. 12X carried on a journey by 
the slave, means a roll of clothes as well as 
bedding; and these were also more methodi- 
cally packed in a erfw^tor^Sftr/cor, or large 
bag. (Plat. Theaet. p. 175 E; Aesch. Faia. Leg, 
§ 99; Poll. vii. 79; Rutherford, New Phryn, 
p. 487.) [G. E. M.] 

MA'NTIKE (fiLaPTucdy [DiVlNATiO.] 

MANU'BIAE. [Spoua.] 

MANUM, CONVENTIO IN. [Matbi- 

XONIUM, p. 138J 

MANUMI'SSIO was a legal act by which 
slaves and persons in mandpii catcsa wen re- 
leased from the manus or power of their masters, 
thereby acquiring freedom (Dig. 1, 1, 4, pr.; 
Inst. 1, 5, pr.). Accordingly the word manu^ 
missio is equivalent to « or cfe manu nu98io (cf. 
Vdgt, 27/. Tafeln, ii. § 77, n. 2). There were 
three modes of effecting a legal manumission 
according to^ Jus Civile {ju8ta et kgiUma mcmii- 
missia), — ^namely^^'noficto, omsiM, and testa- 
menhifn,— ^which are>B«merated both by Gaius 
(i. 17) and Ulptan (^Frag. 1) as necessary in order 
to free a slave and make him cvm (cf. Cic. Top. 



MANUMI68IO 

2, 10; and Plant. Cku. ii. 8, 68). Of these the 
manumusio vindicta was probably the oldest and, 
at one time, the only mode of manumission. 
It is mentioned by Livy (ii. 5) as in use at an 
early period, and indeed he states that some 
persons refer the origin of the vindicta to the 
event there related, and derive its name from 
vindicitu: the latter part at least of this suppo- 
sition is of no value. 

Manumissio by the vindicta was originally an 
action between a third person, who vindicated 
the freedom of the slave to be manumitted be- 
fore the praetor, and the master of the slave, 
who was in the position of defendant The 
form of the vindicta supposes, not that th« 
person manumitted was a slave, but that he 
was a person whose freedom (libertas) was the 
matter in issue. Thus it had for its professed 
object the maintenance of a previously aoqoired 
status, and not the conversion of a slave into a 
freeman. The proceeding before the magis- 
tratus was in form an assertion of the slsTe'i 
freedom (manu aaserere liberaii causa, Plant. 
Foen. iv. 2, 83\ to which the owner made no 
defence, but allowed the slave to be declared by 
the magistratus a freeman. 

The proceeding then was a spedes of in iure 
cestioj and was in fact a collusive action, which 
was based on the fiction of the slave's freedom. 
When the magistratus had pronounced in favour 
of freedom ex jure gturtYmm, there could be no 
further dispute about the libertcu or about the 
civitaa which was attached to iibertas. The 
slave had been manumitted with the consent of 
the master bv the act of the magistratus. The 
ceremonv of the manumissio by the vindicta 
was as rollowB : — ^The master brought his slare 
before the praetor, since it was hia province to 
exercise jurisdiction in dvil causes. The 
praetor's lictor, who came to be used as ad- 
sertor lUbertatia^ in order to save the trouble of 
bringing a person to take this part^ holding a 
rod (twuficto or feztwx») with one hand, and 
with the other laying hold of the slave, said, 
** Hunc ego hominem ex jure quiritium liberum 
esse aio," at the same time touching him with 
the rod ; the master then using the same for- 
malities, and turning the slave round and re- 
leasing his hold of him, as seems to have been 
the custom (" memento turbinia exit Marcns 
Dama," Pers. 8at, v. 78), admitted his freedom, 
either expressly or by his silence, which wag 
followed by the prontmtiatio of the magis- 
tratus, *'Quandoque Numerius Kegidius non 
contra vindicat, hunc ego hominem ex jnre 
quiritium liberum esse dico." 

Addioere is the technical term to express this 
act of a magistratus by which he pronounced in 
favour of a right, in this case a right to free- 
dom ; it is io nsed by Cicero in respect of mano- 
mission (ad Att vii. 2 ; cf. Gains, ii. 24). This 
form of manumission derived its name from the 
vindicta or rod, otherwise called festuca^ which 
was used in the proceeding (Plaut. Mil. iv. 1, 15 ; 
Hor. Sat. ii. 7, 76 ; Pers. v. 125 ; Gains, iv. 16> 
In course of time the formalities of mamanissio 
per vindictam wen very much curtailed. The 
master ceased to act as if he were party to an 
action (Dig. 40, 2, 23), and the presence of the 
lictor became unnecessary. All that seems to 
have been required in the time of Justinian was 
that the master should take his slave •before the 



HAKUUIBSIO 

magktntni, wli€MTer the latter was to be 
foimid,~it night be in the public road (in 
trsnaitm), m when the praetor or proconsul was 
gocng to the hath or to the theatre,— and that 
he shigold declare to the magiatratus his desire 
to hef« the slare manumitted (Gains, i. 20 ; Dig. 
4(12,8). 

The xaannmiaaion by the eentua is thus briefl j 
dcKrihed by Ulpian (1, 8) : *^ Slares were for- 
Bciy manumitted by census, when at the 
lostzal eensoa {hutraii anu»)at Rome they gave 
ia their ccnsns at the bidding of their masters." 
The slaTe must of course hare had a sufficient 
/wariMm, or the master must hare given him 
property, ao that he might become a taxpayer. 
MmwHJnio per omsiim, like mtmwnUuh per 
nM&tem, was not in form a manumission, but 
suppo8i«d the aUre to he Already free. It was 
the act of the censor in enrolling the slave on 
the list of citisens, which gave validity to the 
Bsanmission, just as mammUstio per vmcUctam 
VIS ejected by the additiio of the praetor. 
Cono tells ns Umt there was a question of law 
wfaetlher a slave should be considered free im- 
mediately on being entered on the censor's roll, 
or not ontil the lustrum was celebrated (Cic. de 
Or. i. 40, 183; see Cbmvob); and this was a 
matter of soma importance, for his acquisi- 
tioas were only his own from the time when he 



MANUMISSIO 



123 



per eensmm seems to have been a 
mode of manumitting persons «i meoi- 
cipiOf who had been surrendeSred on account of 
their ofienoea (noaeae dedtH), and this form of 
nnttumissioii may have been first used for the 
porpoee of maamnitting such persons (Qaius, i. 
140; cf. Voigt, XIL Tafeln, ii. § 14S, n. 15; 
lUaam Cauba). The republican institution 
of the eensns bacttne obsolete under the Empire, 
lad with it this mode of manumission ; the last 
Inetran waa under Vespasian, A.D. 74, up to 
vkkh tame since the beginning of the Christian 
va only two had taken place. 

The law of the Twelve Tables confirmed free- 
dom which was given by wilL The earliest 
wills were made in the Comitia, and so testa- 
Bcotary manumission may at first have implied 
s legislative act, but the teetamewhan per aet et 
lAmif which was recognised by the Twelve 
Tables, and which gradually superseded the 
t n t ammtum ealatit comUae^ was not executed 
before any public authority, though the wit- 



r s qui re d for its validity may have been 
re gai ded aa repres e ntatives of the populus. 

[TESTA JUS«T O I i.J 

There came to be three kinds of testamentarr 
maainniaaion : — 1. Where a master by his will 
aiade a slav« free and appointed him keree. 
2. Where a master gave his slave a direct legacy 
ef his fiffwlom 3. Where a person requested 
kis heir or legatee to manumit a slave. 

1. A testator might declare in his will that 
Us slave should be free and Keree^ in which case 
^ the death of the testator the 'slave became 
both free and ibsres, whether he wished to 
adertake the liabilities of the succession or not 
(sMsnrms heree, Gaioa, ii 153 ; Ulp. Frag. 22, 
11); it was common to manumit a slave and 
^{^poiBt him heree in a substitutional clause, in 
«iff to make intestacy impossible. 

Aeooiding to the law of Justinian, the ap- 
psistacBt of a slave as kerei by his master was 



sufficient to show an intention to manumit, 
without any express declaration of freedom, 
since a slave could not become heree, 

2. Where freedom was given to a slave as a 
legatumy the slave acquired his freedom by the 
act of the testator, and this from the moment 
that the will took effect, if the bequest was 
absolute. A testamentary manumission might, 
however, be made subject to a suspensive 
condition, in this respect differing from manu- 
mission per trimUciam or per oetuum, A slave who 
was made conditionally free by testament was 
caUed statu liber (Festus, 314^ 67 ; Ulp. Fragm. 
2, 1 ; Dig. 40, 7, 1) ; until the condition was ful- 
filled, he was the slave of the heree. If a stcKtu 
liber was sold by the Acres, or if the ownership of 
him passed to some one else by usucapion, he 
had still the benefit of the condition ; a condition 
to this effect being contained in the law of the «: 
Twelve Tables. Although the etaiu liber was 
legally a slave, the peculium which he poesessed 
at the death of the testator and all subsequent 
acquisitions derived from it could not be taken 
from him by the herea^ and might be used by 
him in order to fulfil the condition of his 
freedom, if this consisted, as was not un- 
frequently the case, in the payment of a sum 
of money to the heree. A slave who was made 
free directo was called orcinus libertus, because 
he had been made free by a person who was 
dead. (Cf. the application by Suetonius, 
Aug. 35, of the term orcmi to certain senators 
of a low dass.) 

3. Where a slave was manumitted by an 
heir or legatee at the request of the testator, 
the will of the deceased only operated indirectly ; 
the slave did not become libertui orcitats on 
manumission, but was the libertue of the heir 
or legatee who manumitted him. If the 
person who was requested to manumit refused, 
he might be compelled to manumit on applica- 
tion to the praot<»>. A man might request his 
heres or legatee not only to manumit his own 
slaves, but also slaves belonging to the ?terea or 
legatee or to any other person. In case of 
libertaa being thus given to the slave of any 
other person, the gift of libertas was ex- 
tinguished, if the owner would not sell the 
slave at a fair price. 

The legal act of manumission was often 
followed by a religious ceremony in the temple 
of Feronia, where the freedman appeared cUd 
in the toga or dress of a Roman citizen, and 
with a pileus, or particular kind of cap, on his 
shaven head. Thla last circumstance explaina 
the expression ''servos ad pileum vocare" 
(Liv. xxiv. 82), which means to promise slaves 
their liberty in order to induce them to join 
in some civil disturbance (cf. Plant. Ampk. 
iii. 4^ 16 ; Poen. v. 2, 2 ; Serr.ad Aen, viii. 564). 
The pileus was still worn in the time ef 
Justinian, since he declares that slaves who 
attend the funeral of their master with the cap 
of freedom on their heads (pUeati) become 
Boman citisens (Cod. 7, 6, 1, § 5). 

Manumissionacoording to the forms recognised 
bv the civil law not only made a slave free, but 
also eifris. Besides the due observance of the 
legal forms, however, it was required that the 
mannmissor should have quiritarian ownership 
of the slave, and that he should be of legal 
capacity to perform the act of manumission., 



124 



MANUMISSIO 



MANUS INJEOTIO 



If a slave belonged to a person, bat only nnder 
a praetorian title, he became Latinus and not 
civis on manumission. [Latinitas.] If several 
persons were joint owners of a slave, and one 
of them manumitted him in such form as 
would have effected complete manumission, if 
the slave had been the sole property of the 
manumissor, such manumissor lost his share 
in him, which accrued to the other joint 
owner or joint owners. Justinian enacted that, 
if only one joint owner was willing to manumit 
a slave, the others might be compelled to manu- 
mit on receiving the price fixed by law for their 
shares. If one person had the usufructua and 
another the ownership (jorqprietaa) of a slave, 
and the slave was manumitted by the proprie- 
tarius, he did not become free till the tMu- 
fructus had expired: in the meantime there 
was no legal owner (dominus). 

The modes of manumission above described 
were of a formal and public character, but in 
tiourae of time other ways of giving freedom to 
A slave of an informal and private kind came 
to be recognised. Thus a form of manumission 
inter amicos is referred to by Gains and Ulpian 
<Gaius, i. 41, 44; Ulp. Fragm. 1, 10, 18), 
which was a declaration of a slave's freedom 
made by his master in the presence of friends, 
or it mizht be done by inviting the slave to 
table, or by writing a letter to an absent slave. 
These were not manumissions recognised by the 
Jus Civile, and so originally had no legal effect ; 
but afler a time the praetor protected the 
liberty of slaves who had been made free in 
this manner, so that they were free in fact (in 
iibertate esse)^ though they had not the legal 
status of freemen (liberos esse). The Lex Junta 
Norbana gave then the status called Latinitas 
(Xez Junia Norbana ; Latinitas] ; finally 
under Justinian these manumissions were given 
the same effect as those, belonging to Jus Civile, 
but it was required that they should be attested 
by 6ve witnesses (Cod. 7, 6, 1, § 1). A new 
form of manumission-— manumissib in eoclesiis — 
was established by the Church, and first 
recognised by a constitution of Constantine, 
A.D. 316 (Cod. 1, 13): this manumission was 
carried out before the bishop in the presence of 
the congregation. 

A manunUssio sacrontm causa is sometimes 
mentioned as a kind of manumission, whereas 
the words sacrorum causa point to the cause 
and not to the mode of manumission. (Festus, 
s. w. Manumiitif Puri; Savigny, Zeitschrifty 
vol. iii. p. 402.) A manumission by adoption 
is spoken of (Gell. v. 19; Inst. 1, 11, 12); 
the form of adoption required the intervention 
of a magistratus. 

Laws were passed under the early emperors 
for the purpose of preventing the degradation 
of civitas by an incautious exercise of the right 
of manumission. The Lex Aelia Sentia laid 
various restrictions on manumission [Lex Aelia 
Sentia], particularly as to the age of the 
person manumitting, which was raised from 
fourteen to twenty, and as to the age of the 
fliave, which was required to be thirty, as a 
general rule, in order to qualify him to become 
eitis. Moreover it prevented slaves who had 
suffered an infamous punishment from becoming 
civeSf and declared manumusions in fraud of 
creditors void. The lex was almost entirely 



repealed by Justinian, who abolished the division 
of freedmen into eives, Latinij and dedUidif 
making all freedmen cites. The Lex Fnfia 
Caninia fixed limits to the number of slsTei 
who could be manumitted by will ; the funerals 
of the wealthy being often attended by a large 
number of freedmen, who had been manumitted 
by the deceased to the injury of their inherit- 
ance. The number allowed to be manumitted 
in this way was a hal^ one-third, one-fonrth, 
and one-fifth of the whole number that the 
testator possessed, according to a scale fixed by 
the lex. As its provisions only applied to cases 
where a man had more than two slaves, the 
owner of one slave or two slaves was not 
affected by this lex. The exact date of the lav 
is doubtful, but there is ^ome evidence to show 
that it was passed A.D. 8; several senatus> 
consulta were passed to prevent evasions of it 
(Siieton. Aug. 40; Gains, i. 42-46). This lex 
was repealed by Justinian (Cod. 5, 3). A tax 
was levied on manumission by a Lex Manlia, 
B.G. 357 ; it consisted of the twentieth part of 
the value of the slave, hence called vicesima 
(Liv. vii. 16, xxviL 10 ; Qc. ad Att. ii. 16). 

Manumission was as a rule optional on the 
part of a master, but in some cases it was 
obligatory, as in the case of a master treating 
his slave with extreme crnelty, according to a 
constitution of Antoninus Pius (Gains, i. 53). 
The act of manumission, which made the slare 
a new man, established the relation of patrcnus 
and iiberius between the manumisBor and mann- 
mitted, which was a quasi-parental relation 
[LiBERTUS ; Patbonus]. When manumitted by 
a citizen, the libertus took the praenomen and 
the gentile name of the manumissor, and became 
in a sense a member of the gens of his patron. 
. Freedmen who became cives enjoyed public 
as well as private rights, but subject to variooi 
drawbacks. They had not the jus hanorum, and 
they could only vote in one of the four tribus 
urbanaef not in the tribus rusticaCf though 
various attempts were made to f^ive them a 
better suffrage. [Libertus; Civitas.] (Dig. 
40, 1, 4; Holtzman, de Emanc. Jur. BonL d 
Hod. ; Becker, Alt. ii. 1, 65 ; Unterholsner in 
Zeitschr. f. Gesch. Rechtswiss. ii. 1391 ; Keller, 
Inst. 211, &c.) [G. L.] [E. A. W.] 

MANUS FE'RREA. [Harpago.] 
MANUS INJE'CTIO is a kind of legalised 
self-help, which consbts in a claimant laying 
hands on and arresting the person subject to his 
claim, according to the forms of early prooedare. 
Manus injectio is used to signify either (1) an 
arrest of this kind made out of court, and 
(2) an arrest carried out in court before the 
magistratus, which is the strict sense of the 
term. 

1. The seizure of a slave by his master is 
called manus injectio ; e.g. the act of Claudios 
in seizing Virginia is so described (Liv. iii. 44). 
A plaintiff might bring a defendant into court 
by manus injectio^ if the latter refused to obey 
his in jus vocatio or summons ; and in the case 
of a judgment debtor or person in the position 
of a judgment debtor, he could do this without 
any in jus vocatio. 

2. Manus injectio^ carried out in court before 
the magistratus, is the process of execution for 
debt according to the law of the Twelve Tables ; ^ 
it is one of the five forms of legis actiOj and as 



HANUS INJECnO 



MAPPA 



125 



rack it ikichbcd by Gains (iv. 12> The law of 
the Tvclre Tables relating to it is cited and 
expliiMd in a well-known passage of Gellius 
> (xx. !> It appears from these sources that a 
debtor vko had formallT acknowledged his debt 
lad s/odgment debtor had thirty days allowed 
tfioa to mak« payment, and after that time 
W&9 liable to arrest at the hands of their 
crvditAT and to be brought into court (** aeris 
conind rebusqne jure judicatis triginta dies 
psti snnto. Post deinde manus injectio esto. 
In jus dacito," GelL /. c). Both parties being 
before the magistratna, the creditor addressed 
the debtor as follows : ** Quod tn mihi judicatus 
(sire dasmatas) es sestertinm decern milia, 
qcaadoquc non soWisti, ob earn rem ego tibi 
sestertinm decern milium judicati mauum 
iDJido ** (Gaina^ L c.) ; and he at the same time 
laid hold of some part of the debtor's body, 
wiiich was the act of mamu injectio. The debtor 
WM not allowed to resist the arrest and main- 
tsin an action (mamim sibi depeUere et pro se 
lege agere) : all he could do was to proride a 
Rsponsible substitute called vindex {qai vtm 
didt^ who oonld resist (panum depeUere or 
nasA^orv) and carry on an action as defendant. 
The debtor waa released, it seems, by such inter- 
Ttatwn on hia behalf, and the vindex liable if 
his ddence waa unsuccessful (cf. Lir. vi. 14). 
In de£sult of a rindez, the creditor might carry 
the debtor to his house {domwn ducere), and 
keep him in confinement for siity days, during 
which time the debtor's name and the amount 
of iiis debt were proclaimed at three successive 
markets (wwmfc'nae). This domum dvcHo prob- 
acy required an order of the magistratus, which 
would be gircn as a matter of conrq^, supposing 
the judgment or -acknowledgment to have been 
proved (Lex Ruhr. cc. 21, 22). During this 
period of sixty days, the debtor was not a slave, 
bet he waa kept in chains, which could not be 
above a certain weight (** qnindecim pondo, ne 
majore, ant at volet, minore, vincito ") ; the 
cT^tor being bound to supply him with a bare 
Biaintenance, if he did not keep himself. (" Si 
Tolet,siiovivito. Ni sno vivit, qui eom vinctum 
babebit, libraa £arris endo dies dato. Si volet, 
pies dato.*^ If there was no • arrangement 
between the parties, and the debtor did not pay 
bis debt or anyone on his behalf, he suffered a 
9asma oapUis dbnmirf»o, and might be put to 
death or sold as a slave beyond the Tiber, all 
bis property passing to his creditor, and when 
there were aereral joint creditors being divided 
a&ongst them (as to the difierent interpreta- 
tions of the words partiM aeoaaUOf see Nezum). 
Recording to some writers, there was an addictio 
or magisterial assignment of the debtor to the 
oeditor at the end of the sixty days ; but there 
h BO mention in our authorities of any reappear- 
aaee of the parties in court, and it is perhaps 
better to suppose that a conditional assignment 
vas contained in the original order of the magis- 
tiatua. Persons who contracted a money debt 
bf sensn, which was a formal proceeding per 
set et libnan in the presence of witnesses, were 
probably considered to have made a sufficiently 
pobiie admowledgment of their debt, and so may 
^n been liable at once to mantis mjectio on 
^•Wt ; but the opinion of some writers that no 
pscation or proceedings in court were necessary 
a this case cannot be supported, nor can it be 



shown that any part of the ordinary process was 
omitted. 

Manua injectio was not applicable for the 
enforcement of any but a liquidated money 
claim; and was confined under the Twelve ^ 
Tables to jvdioati, damrycxti^ and confetti. In 
course of time, however, some other debtors 
were put either wholly or partly on the same 
footing as judicati (Gains, iv. 22--25). The Lex 
Publilia, evidently following the analogy of the 
Twelve Tables, allowed the manua injectio in the 
case of money paid by a sponsor, if the sponsor 
was not repaid in six months. The Lex yuria 
de sponsu allowed it against him who had 
exacted from a sponsor more than his just pro* 
portion (viriiit pare). These and other leges 
allowed the manua injectio pro judicato ; that is, 
treated the debt as if it were a ree judicata^ 
Other leges granted the maniis injectio pura ; 
that is, non pro judicato, as the Lex Furia testa* 
mentaria and the Lex Marcia adversus fenera- 
tores. But in these cases the defendant might 
resist the manus injectio {nianum aibi depellere\ 
and defend his cause ; but it would appear that 
he could only relieve himself from the manus 
injectiOy by actually undertaking to defend him- 
self by legal means. Accordinglv it was in 
these cases an execution, if the defendant chose 
to let it be so ; if he did not, it was the same as 
serving him with process to appear before the 
praetor. In course of time a law was passed 
called the Lex Vallia, by which every manus 
injectio was made jmro, except in the cases of 
judicatus and of a person whose debt had been 
paid by his sponsor (is pro quo depenaum eat) ; 
and consequently in the two latter cases, even 
after the passing of this lex, an insolvent 
person could only escape arrest by finding a 
vindex. The Lex Poetelia had previously put 
an end to manua injectio on account of nestvnu 
This form of execution for debt was however 
put an end to by the Lex Aebutia, which partly 
abolished the legia actio procedure. A dramatic 
scene of mantis injectio is portrayed on a sarco- 
phagus at Rome (Voigt, i. 63, n. 3; Helbig, 
Builet. deir Inat. 1866, 90, &c). (Keller, Der 
r&m, Civilproceaa, §§ 19, 83; Bethmann-Holl- 
weg, Der rOmiache Cinilproceaa^ vol. i. § 45 ; 
Bekker, Die Aktionen d, rOm. Frivatrechtaf 
vol. i. ; Karlowa, Der rOm. CivUproceaa z, Zeit. 
d, legia adionia ; Buschke, Nexum, p. 79, &c. ; 
Savigny, Daa Alt'Bdm, Schvldrechtf Verm. Schr. 
vol. ii. p. 369 ; Voigt, XII, Tafeln, 1, $§ 63-65; 
Muirhead, Soman Law, § 36.) [£. A. W.] 

MAPPA (xcip^fuiicTpor, iicfiayuoy), a linen 
napkin. Among Greeks and Romans alike, 
before the meal began and after it was over, 
means were provided for washing the hands of 
the guests. A slave carried round a basin 
(ma//tivitfm, iruUeum, polubnon ; in Greek, Ki^Sy 
%ip9v^f X*tp^t^*'irrpoy), which he held under the 
hands to receive the water poured over them 
from a jug (uroeolua, Tp6xovs) ; and the slave 
who poured iht water carried also a napkin er 
towel to wipe the hands dry : Karh, x^H'^^ t^p, 
wcLpdanftara rh x*<P^MAicTpor (Arist. ap, Athen. 
ix. p. 410. See Hom. //. xxiv. 304 ; Od,i, 136 ; 
Plat. Symp, p. 175 A, &c>. But, besides this, as 
forks are a modem invention of the 14th century, 
it was necessary that the guests should often 
wipe their fingers during the meal : for this pur- 
pose the Greels used, not napkins, but pieces of 



126 



MABGUS 



bread, called itwofiay9a?aal (Poll. yi. 93 ; Enstath. 
ad Od. xix. 92). Herodotus (iv. 64) mentions a 
ghastly practice of the Scythians, who used the 
scalps of their enemies as &rofury8aXca( : «id 
PUny (ff. K. vii. § 12) says that the Scythian 
Anthropophagi, besides making drinking caps 
from the skulls of their slain enemies (compare 
the story of the Lombard Alboin, Gibbon, vol. 
v.^ 339), also nsed the scalps pro mcmtelibus 
( = mappis) ante pectora. From *' ante pectora " 
it may he seen that the napkin was sometimes 
tucked under the chin, like a bib, according to 
a £uhion still lingering in some countries. 
The mappa in Horace's time was provided 
by the host (Hor. Sat, U. 4, 81 ; Varr. L. X. 
ix. 47); but, as far as we have evidence, it 
was the custom in Martial's time for the 
guests to bring their own napkins (see Mart, 
xii. 29); and the same is implied by the 
fact that persons whose rank entitled them to 
the laiua ciavus had it embroidered as a border 
to the mappa (Mart. iv. 46X and also by what 
we are told of mean-spirited guests carrying off 
food from the dinner table wrapped in their 
napkin (Mart. ii. 37; Petron. 66). We hear 
of napkins in the time of Heliogabalus em- 
broidered with gold (Lamprid. Meliog, 27 ; Alex, 
8m, 37, 40). Athenaens (ix. p. 479) speaks of 
gaily-coloured napkins worn by women as a 
head-dress, like a handkerchief. In the circus 
the signal for starting a race was ^ven by the 
presiding consul or praetor dropping a white 
napkin (hence *^cretata mappa"). From this 
the Megalesian games are called epectacuia 
Megalesiacae mappae (Juv. zi. 193): compare 
Tertullian {SpecL 16), "mappam missam pu- 
tant, sed est diaboli ab alto praedpitati figura." 
(Of. also Mart. xii. 29; Suet. Ner. 22.) 
^Compare above Mantele ; and see Marquardt, 
J'rivatlebeuj p. 313; Becker-GOU, Galbu^ liL 
389.) rW. S.] [G.E.M.] 

MABCUS. [Malleus.] 

MARIS (jidpiSj ftdfniff Hesyoh. ftdpierrov), a 
Greek measure of capacity, which, according to 
Pollux (x. 184) and Aristotle (ffist. An, viii. 9), 
contained 6 cotylae (or nearly 3 pints). Poly- 
aenus (iv. 3, § 32) mentions a much larger 
measure of the same name containing 10 congii, 
or nearly 8 gallons, f Cotyla.] [P. S.] 

MABBA was apparently a sort of single- 
headed pick-axe, perhaps heavier and with a 
broader head than the ligo^ for Columella (x. 72) 
applies the epithet lata to the marra : its use 
for breaking up the hard ground in preparation 
for lighter digging and hoeing is sufficiently 
shown by Col. x. 88 (quoted by Mayor on 
Juvenal, xv. 166), ** mox bene cum glaebie viva- 
cem cespitis herbam contundat marrae vel fracti 
dente ligonis . • . tunc quoque trita solo splen- 
dentia sarcula sumat angustosque foros adverse 
limite ducens rursns in obliquum distinguat 
tramite parvo." In Plin. xviii. § 147, it is pre- 
scribed for cleaning the ground of weeds too 
strong and obstinate to be got out by the hoe, 
ploughing being the last resource, if the weeds 
beat even the msrra. The contrast of the marra 
with the dens fracti ligonis in the passage quoted 
from Columella suggests that its head had a 
smooth blade, not indented or split into two 
prongs. [G. E. M.] 

MABSUTIUM OM^MT^ioy, $aXdmoy\ a 
purse. (Non. Marcellns, «. v.; Varro, de Me 




MABTYBIA 

Must. m. 17 ;— Plant. Men. ii. 1, 29 ; u. 3, 33, 
35 ; V. 7, 47 ; Foeu. iii. 6, 37 ; Mud. v. 2, 26;— 
Xen. Conviv, iv. 2.) The word is a diminatire 
of ftdpffamtj a bag, which occurs in Xen. AmA, 
iv. 3, 11, as a clothes-bag, equivalent to erpmfi^ 
rSi9ir/ios, Marsupium, therefore^ is strictly a 
small bag or pouch. 

The purse used by the 
ancients was commonly asmall 
leathern bag, and was often 
closed by being drawn to* 
gether at the mouth (<r^* 
woffra fiakJufTuif Plat. 8ymp. 
p. 190 D). Mercury is com* 
monly represented holding 
one in his hand, of which the 
annexed woodcut from an in- 

tagUoii.th.Sto«*Coll«aon "•"SS^!!!!?* 
at Berlm presents an example. 
For journeys and campaigns, the safer girdle- 
purse (jccnd) was used. (See also Crdme5A, 
Zona.) [J. T.] [G. E.MJ 

MA'BSTAS. [COLOiriA, Vol. L p. 481 a.] 
MABTIA'LES LUDL [LuDi MabHales.] 
MABTIAUS PLAMEN. [Flambn] 
MABTY'BIA (pyrvpla) signifies strictly 
the deposition of a witness in a court of justice, 
though the word is applied metaphorically to 
all kinds of testimony. We shall here explsis— 
1, what persons were competent to be witnenes 
at Athens ; 2, what was the nature of their 
obligation; 3, in what manner their evidence 
was given; 4> what was the punishment for 
giving false evidence. 

The capacity to give evidence was regarded 
more as a privilege of the witness than as t 
right of justice. Hence it was limited to free- 
men, m^es, and adults. The incapacity of 
women and minors may be inferred from the 
general policy of the Athenian law: thus s 
woman or a child oould make no ooDtrscU 
beyond the value of a bushel Qi&tfufos) of 
barley, ia. for the barest necessaries of life 
risae. Or. 10 lAHstareh.}, § 10; Schoi. Aristopk. 
iooles, 1025 ; Harpocr., Phot., Suid., s. v. hi 
muSi fcol yvrauct). A woman could, howerer, 
take an oath if tendered to her by challenge 
(vptfieXifO'ii) ; and this oath had an evidentiary 
value, beine in fact a substitute ibr evidence. 
It differed, nowever, beoiuse the consent of the 
adversary was required before it could be tsken. 
For an example of this kind o£ oath tendered 
and refused, see Dem. e. Aphob. iii. p. 853, § 26; 
tendered and taken, o. Boeot. de Dot. p. 995, § S, 
<toi\fem.p.l011,§10. (Cf.DiAKTETAB,p.623a; 
Thalheim, Mechtsalterth, p. 8; Lipsius, AtL 
Frooess, pp. 876, 900.) 

Slaves were not allowed to give evideoet, 
unless upon examination by torture (fidawos)', 
nor were female slaves exempted (Dem. e. 4/^ 
iii. p. 852, § 25> There appears to have been 
one exception to this rule : a slave mi|ht be a 
witness against a freeman in oases of murder 
(Antiph. de coed. Herod. § 48> The snggeetion 
of Platner (Prooess und Khgen, p. 215) thai 
fjMpTvpeip is here equivalent to ^i^r^tr, " lay an 
information," is rejected both by Sch5maon and 
by Lipsius (Att. Prooess, p. 876 n.). The party 
who wished to obtain the evidence of a sia^ 
belonging to his opponent challenged him to 
give up the slave to be examined (^{jfrcifkr 
SovAor). The challenge was called vpott^^^^- 



3CABTYBIA 

Tbe owMr, if he gare him up, was said ^icSoSi^oi 

or iiifMiBorrni Bat he was not obliged so to 

do, and the general piactice was to refuse to 

pjt 9f fUves, which perhaps arose from 

iaiBiaitf , thongh the opponent always ascribed 

it u a iear lest the troth should be elicited. 

The oniors a&cted to consider the evid^cs 

<i( ilarss wrong from them bj tortore more 

TiJasbk and troatwortb j than Uint of freemen ; 

^st it most be obsenred, they alwajs ose this 

argameat when the slave had not been examined. 

(OoBflsth. c J|pAo6. iii p. 848, § 13; c OwL L 

Ik 874^ § 37 ; Hodtwalcker, tUber die DiSteten, 

p.44£) 

CStiisBs who had been diBfranehised (^i/mv* 
^cpm) eoold not appear as witnesses (any more 
than as jorors or plainti&) in a coort of justice ; 
&r thfty had lost all hoaoorable rights and 
piinlegcs (Dem* c. Mid. p. 645, § 95 ; c. Ncaer» 
p. 1353, |§ 26, 27). SUte debtors were not 
aQowed to bring actions (Isae. Or. 10 {Arigtarck.^ 
§ I'O ; Dcm. c. MO. p. 542, § 87 ; perhaps also 
c Sicottr, p. 1251, § 14 ff.), bot had apparently 
tometimes a locui standi in their own defence ; 
tike plaintiff against Fhaauppiu is a atate-debtor, 
p. 1*>49, § 32 (Thalheim, op. cit. p. 16). Bot 
tW« was no objection to alien freemen (Dem. 
c Ltxr. p. 927, $ 14, p. 929, § 20; Aeschin. de 
/. X. § 155). We leam £rom Uarpocration («• v. 
iiapofrmpid) that in actions against ireedmen 
far xteglect of doty to their patrons (jkroirTaalou 
Hat) ibreigncTs were not allowed to pot in an 
sffidarit thiat the action was not maintainable 
Ot^ wtcf^ifMtf that). Bot this can hardly be 
CMkadcrad an exception, for soch affidavits gave 
SB aadoe advantage to the party for whom they 
Tcremade. 

Neither of the parties to a caose waa com- 
petent to give evidence for himself^ thoogh each 
VM compelled to answer the qoestions pnt by 
tbe other. The law declared roTw iirrMimv 
Ma«y«5 slreu ^MOKflpaa^at i^Kiikots rh 4ptn^ 
paw, iMaprtfp€af 8i /i^i. (£Dem.] c Stejph. ii.. 
p. 1131, § 10.) That the friends of the party, 
a ho pleaded for him (called avr^yopoi), were 
cot iaeompetent to give evidence, appeara from 
tlK fragment of Isaeos pro EupkU.^ and also 
from Aeschines, who, on his trial for miscondoct 
on the embassy, calls Phocion to aaaiat him both 
« a witness and an advocate (^de F. L. S§ 170, 
184X 

Tlie obligation to attend as a witness, both in 

aril and criminal proceedings, and to give soch 

evidence as he is able to give, arises oot of the 

daty which every man owes to the state -,r and 

there it no reason to believe that any persons 

<«2oept the parties themselves) were exempted 

fraa this obligation. The passages died in 

■apport of the contrary view (Isae« Or. 2 

^MtmdX I 33; [Dem.] e. l^moth. p. 1195, 

1 38 ; itt. Process, p. 880 lips.) prove nothing 

Bore than that the near relations of a party 

*cn rdudamt to sive evidence against him; 

vlietess the fsct tnat they were Iwond 6y Une 

^ give evidence may be inferred from Demo- 

«theoes(c JlpAo6.iii p. 849, § 15; p. 850, f 20; 

V 855, § 36). At Athens, however, it was less 

•vf than it is now in England to keep men to 

ta«r legal obligationa: hence the defiant tone 

^ the friends of a powerfol defendant (c. 

Tmotk. 1. c.> 

^ party who desired the oridenoe of a 



MABTTBIA 



127 



witness sommoned him to attend for that 
porpose. The sommons was called wp^o-neXifcrtr. 
(Plat. Lsgg. id. p. 936 £; Dem. c. Aphob. iii. 
p. 850, I 20; c. Tknoth, p. 1190, § 19; c. 
Theocrin. p. 1324, § 8. In the two fonner 
passages ir^icQ\*urBai is an onsoond correction ; 
cf. AH. Froeess, p* 884 Lips.) If the witness 

{promised to attend and failed to do so, he was 
iable to an action called Umi Karofiafrvpiou. 
Whether he promised or not, he was boond to 
attend ; and if his absence caosed injory to the 
party, he was liable to an action f Bfm} fixdfiris). 
This is the probable distinction between these 
forms of action, as to which there has been 
moch doobt. (Meier and SchOmann, AM. Froc. 
p. 672=881 Lips.; Platner, Att. Froo. p. 221; 
Schtfmann, An&q. i. 487 n., £. T.). 

The attendance of the witness was first re- 
qoired at the ^dicpcflrif , where he was to make 
his deposition before the soperintending magis- 
trate Ofytftitp ^ucoffniplou). The party in 
whose favoor he appealed, generally wrote the 
deposition at home opon a whitened board or 
tablet (Aj9\§vttmfUpop ypofAfuntTov), which he 
brooght with him to the magistnte'a office, 
and, when the witness had deposed thereto, pot 
into the box (^x^') ^ which all the docomenta 
in the caose were deposited. If the deposition 
were not prepared beforehand, as most always 
have been the case when the party was not 
exactly aware what evidence woold be given, 
or when anything took place before the magis- 
trate which cooH not be foreseen, as for in- 
stance a challenge, or qoestion and answer by 
the parties; in soch a case it was osoal to 
write down the evidence opon a waxen tablet. 
The difference between these methods was moch 
the same ss between writing with a pen on 
paper, and with a pencil on a slate ; the latter 
coold eaaily be robbed oot and written over 
again if neceaaary (Demosth. c. Steph. ii. p. 
1132, § 11). If the witness did not attend, his 
evidence was nevertheless pot into the box; that 
is, soch evidence as the party intended him to 
I give, or thooght he might give, at the trial. 
For all testimooial evidence was required to be 
in writing, in order that there might be no 
mistake aboot the terms, and the witness might 
leave no sobterfoge for himself when convicted 
of fklsehood. (Demosth. c. Steph. i. p. 1115, 
§44; ii. p. 1130, § 6.) The Mxpurts might 
last several days, anid, so long as it lasted, fresh 
evidence might be brooght, bot none coold be 
brooght after the last day, when the box was 
sealed by the roagiatrate, and kept so by him 
till the day of trial. (Demosth. c Aphob. i. 
p. 836, § 1 ; 0. BoeoL de Jhnu p. 999, § 17 ; 
e. JBverg. et Mnee. p. 1143, { 16 ; c Conon. 
p. 1265, § 27.) 

The form of a deposition was simple. The 
following example is from Demosthenes (c. Lacr. 
p. 927, I 14) : — ** Archenomides son of Arche- 
damas of Anagyros testifies, that articles of 
agreement were deposited with him by Androeles 
of Sphettos, Naosicrates of Carystos, Artemon 
and ApoUodoros both of Phaselos, and that the 
agreement is still in hii hands." Here we most 
observe that whenever a docoment was pot in 
evidence at the trial, as an agreement, a will, 
the evidence of a slave, a challenge, or an 
answer given by either p^urty at the AnUcpco'ii, 
it was oer^ed by a witness, whose deposition 



128 



MABTTRIA 



MABTYBIA 



wai at the lune time produced and read. 
(Demwth. pro Phorm, pp. 946, 949. 957 ; c. 
Fhaenipp, p. 1046; c. ^A. p. 1120.) 

The witneu, whether he had attended before 
the magistrate or not, was obliged to be present 
at the trial, in order to confirm his testimonj. 
The only exception was, when he was ill or out 
of the country, in which case a commission 
might be sent to examine him. [Ecmarttria.] 
All evidence was produced by the party during 
his own speech, the KKv^pa being stopped for 
that purpose. (Lys. c. Pond, §§ 4, 8, 11, 14, 
15; Isae. Or, 3 [PyrrhX %% 12, 76; Dem. c. 
Euhvl. p. 1305, § 21.) The witness was called 
by an officer of the court, and mounted on the 
raised platform (/B^fia) of the speaker, while his 
deposition was read over to him by the clerk ; 
he then signified his assent, either by express 
words, or lowing his head in silence. (Lys. de 
coed. EraiostfL § 29 ; Aeschin. deF. L.^ 156 ; 
Dem. c. Mid, p. 560, f 139 ; c. Phorm, p. 913, 
§ 19; c Steph. i. p. 1109, f 25; c. Eubul, 
p. 1305, § 22.) In one passage an iriftoSf whose 
mouth is shut, is directed to stand up in silence 
in order to excite compassion (Dem. c Mid, 
p. 545, § 95). In the editions that we have of 
the orators we see sometimes Maprvpla written 
(when evidence Is produced) and sometimes 
Mdprvp9S, The student must not be deceived 
by this, and suppose that sometimes the deposi- 
tion only was read, sometimes the witnesses 
themselves were present. The old editors merely 
followed the language of the orators, who said 
** call the witnesses," or ^ mount up witnesses," 
or '* the clerk shall read you the evidence," or 
something to the same effect, varying the ex- 
pression according to their fancy. (See Lys. 
proManUth, § 8; Isae. Or, 3 [PyrrA.], |§ 76, 80; 
Dem. c. Callipp, p. 1238, § 7 ; c. Ifeaer, p. 1352, 
§23). 

If the witness was hostile, he was required by 
a solemn summons (fcXifrc^ur) either to depose 
to the statement read over to him, or to take 
an oath that he knew nothing about it (/uaprv- 
f>cir ^ i^6fAtfvff6tu), One or the other he was 
compelled to do, or, if he refused, he had to pay 
a fine of a thousand drachmas to the state, which 
sentence was immediately proclaimed by the 
officer of the court, who was commanded 
iKK\riTt^€Uf a^T^y, i,e, to give him notice that 
he was in contempt and had incurred the fine. 
The distinction between KKtir^^uf, of the party 
summoning the witness, and ^icxXiirc^eiK, of the 
herald or crier, has been wrongly denied by 
some authorities, and is not noticed in L. and S. 
ed. 7; but it is established by Aeschin. c. 
Timarch. % 46, de F, L, % 68, compared with 
Lycurg. c. Leocr. § 20, Dem. c. Zenoth. p. 890, 
§ 30, c. Neaer, p. 1354, § 28. For the com- 
pulsion of an unwilling witness (like the English 
subpoena), see also Isae. Or, 2 [JstypA.], § 18 ; 
Dem. de F. L, p. 396, § 176 = 194, p. 403, 
§ 193=220; c, Aphob, iii. p. 850, § 20; c, 
Theocrin, p. 1324, § 7 (Lipsius, Att, Process, 
p. 882 n.). The ifytyuwrla was not a safe way 
of getting off* giving evidence ; it was liable to 
the penalties of perjury (Dem. de F, L,% 176 ; 
c, Steph, i.i^, 1119, §58). 

An oath was usually taken by the witness at 
the &yiCicpurit, where he was sworn by the 
opposite party at an altar (irp^f r\>¥ fiufthv 
4ivpiclir$ri), If he had not attended at the 



iofdKpterttj he might be sworn sfterw&rds in 
court ; as was always the case when a witness 
took the oath of denial (^(«/io0'c). In the 
passage just cited from Lycurgus, the expression 
\eifi6rras r& Upii means nothing more than 
touching the altar or its apportenances, anl 
has no reference to victims. (Valckeiuter, OpuK. 
PhiM, vol. i. pp. 37-39.) Whether the witness 
was always bound to take an oath, is a doabtfol 
point. Schttmann formally retracts (Antiq.l 
485 n., E. T.) his earlier opinion, that eridence 
was usually unsworn (cf. Att, Process, pp. 885-6 
Lipsius). It seems certain, however, that the 
other side oould put a witness on hii oath 
(i^opKovw, Dem. c, Steph. i, p. 1119, § 58; 
i^opKlC^ip, c, Conon, p. 1265, § 26, with Saodjs 
on both passages). See also c. EvM, p. 1305, 
§ 22 ; Aeschin. deF,L,% 156. 

The oath of the witness (the ordinary viiujut 
BpKos) must not be confounded with the oath 
taken by one of the parties, or by some friend or 
other person out of court, with a view to decide 
the cause or some particular point in dispnte. 
This was taken by the consent of the adversarr, 
upon a challenge (irp6K\fiirts, [Dem.] c. lunotk, 
p. 1203, § 65) given and accepted; it was an 
oath of a more solemn kind, sworn by (or npoo 
the heads of) the children of the party swearing 
(Kardt r&y wal8«r, Dem. c. Aphcb, iiL p. B5'*, 
§ 26 ; c Oomm. p. 1269, § 40), or by perfiect or 
full-grown victims (luit UpAw Te\c(«r, [Dem.] 
c. Neaer, p. 1365, § 60), and often with nir$« 
upon himself or his f^ily (mrr' ilm\iiu,<^ 
Eubul, I. c), and sometimes was accompani»l 
with peculiar rites, such as passing througl^ 
fire (8id Tou irvp6s, c, Conon, 1. c. and Ssodrl 
adloc,). The mother or other female relation 
of the party (who could not be a witness) tii 
at liberty to take this oath. (Dem. c ApM>' 
1. c; c. Boeot, de Dot, p. 1011, § 10: it u 
tendered to the father, c. CaUipp. p. 1240, § 1^; 
cf. Wachsmuth, ffelUn. Aiterth. ii 1, p. 335; 
Uudtwalcker, IHat, pp. 52-57.) 

With respect to hearsay evidence, see Acod 
Martybein ; and for the affidavit called itapa^ 
rvpla, Anakbibxb, p. 122 a. 

The question whether freemen were pat V 
the torture is reserved for fuller discusnon 
under Torxentum. We may here briefly «3 
that (1) the torture of citisens was forbiddef 
by a decree in the archonship of Scamandriiu 
of unknown date; that (2) the << omnipotent' 
people claimed a power of suspending this l^i 
by psephisma on extraordinary occasions \hx^ 
SIA, p. 702 6] ; that (3) this suspension of the la« 
though demanded in times of excitement, seen 
never to have been really acted upon. Tb 
leading case which proves all these points < 
that of the mutilation of the Hermae (AndM 
de Myst. § 43 f., and Grotc's remarks thereoi 
ch. 58, V. 175; see also the speech v*^ 
irvi^<{{c»r, p. 170, § 14, and Pint. Phoc. 36). 

It is not too much to say, with Thalheil 
{ReditsalUrth, p. 29, n. 2) and Upsins {At 
Process, p. 896, n. 372^ that we have no exampl 
of the torture of an Athenian cittxen. .^hoi 
aliens they were less scrupulous; but (as 
general rule) it is certain that freemen coul 
not be tortured in courts of juatioe, and ert 
an emancipated slave, Demosthenes says, i 
would be an act of impiety (ov8* teriow) to gii 
up for such a purpose (Dem. c AphiA, ii 




MABTYRIA 

p. 856, f 39; c. Ihiwth, p. 1200, f 55). The 
recoiled eictptions are mostly in the cases of 
forvi^ ^«s, e^wcially when the Athenians 
were akracd for the safety of their dockyards 
(Deao. ie Cor. p. 271, § 133; Lys. c. Agorai. 

Toe aboTc remarks apply equally to causes 
whkh came before the dicasteries in the ordinary 
war, tad those which were decided by the 
pctUc arbitrators. The ^teuniTiis discharged 
tkt dvtics of the magistrate at the iufdnpura as 
veil u those of the Sucaoral at the trial. He 
heard the witnesses and received the depositions 
ironi day to day as long as he sat, and kept the 
^xufi open until the last day (Kvplea^ ^iiipeai), 
(tV. Dem. c Mid, p. 541, § 84; c. TimoUi, p. 
1199, § 50 ; AiU Frooeu, p. 886 Lips. ; Diae- 

TiTAE.) 

If the witness in a cause gave false eridence, 

the injored party was at liberty to bring an 

aHion against him (filicii ^tv^ofMprvptuv) to 

rej«Ter compensation. The proceeding was 

sometimes called M^terf^Uf and the plaintiff 

was said ^vt^jc^vrfO'Ocu rp fioprvpl^ or r^ 

fid^rvpi (laae. Or. 3 [P^rrA.], §11; Or. 5 

''^Dioan^.i § 17 ; Dem. c. Aphob. iu. p. 846, §'7, 

p. 356, § 41 ; Harpocrat. 8. v. ^c<ric4^aro). This 

caiue was probably tried before the same pre- 

wing magistrate as the one in which the 

cridence was given (^Att, Process, p. 59 Lips.). 

Tii< f<»m ofi the plaintiff's bill, and of the 

deteadnnt's plea in denial, will be found in 

Demosthenes (c. Stepk. i. p. 1115, § 46). From 

the same passage we also learn that the action 

fvr false testimony was a rifijirhs iy^y in which 

tbe plaintiff laid his own damages in the bill ; 

an<j from Demosthenes (c. Aphob, p 849, § 16 ; 

p. 959, § 50), it appears that the dicasts had 

{K>«er not only to give damages to the plaintiff, 

bat also to inflict the penalty of &ri/Ja by a 

Tp99rifaa^it (Isae. Or. [Dicaeog,'], § 19 ; Dem. 

c. ApM. iu. p. 849, § 16 ; [Aristot.] RheU ad 

Mfx. p. 1431 b, 30). A witness who had been 

a third time conricted of giring false testimony 

VS5 Ipso jurs dblranchised (Andoc de MysU 

K4; cf. AtU Process^ p. 485 ff. Lips.; Thal- 

!Kim, BtckUaUerik. p. 119 n.). The main 

•^Tiotioa to be tried m the cause against the 

vitaeas was, whether his evidence was true or 

&be; bat another question commonly raised 

was, whether his evidence was material to the 

dfosion of the previous cause (Dem. c. Eterg, et 

Mnn. p. 1139, § 1, p. 1161, § 74; c. Aphob, 

> a53-«56 ; c Stepk, i. p. 1117, § 51 ; Plainer, 

Pnjceaa il EJagen, toL i. p. 400, &c.). 

When a witness, by giving false evidence 
sj^ainst a man upon a criminal trial, had pro- 
cared his oonriction, and the convict was 
MSkUneed to such a punishment (for instance, 
^leath or banishment) as rendered it impossible 
^JT him to bring an action, any other person was 
ziX'twed to institnte a public prosecution against 
'^r vitnessy cither by a ypo^, or perhaps by 
, Ui tlcvyyXia or irpofio\ii. (Andoc do Mysh 
S'*', Flatner, op. oiL p. 411; Att, Process, 
).4®Upa.) 

After the coBTiction of the witness, an action 
'•fht be maintained against the party who 
^ HWned him to give false evidence, callad Bdcij 
cavrfxrwr (Dem. c, Timath, p. 1201, § 56; 
(' iwtrg. H MwBS, L c). And it is not im- 
pnbable that a similar action might be brought 
TGLU. 



MASTIGOPHOEI 



129 



against a person who had procured false evidence 
to be given of a defendant having been sum- 
moned, after the conviction of the witness in 
a 7pa^^ \^«i;8o«cAi|Tc^as (Meier, Att, Process, 
p. 977 Lips.). 

It appears that in certain casn a man who 
had lost a cause was enabled to obtain a reversal 
of the judgment (jUkji iwdJiiKos), by convicting 
a certain number of the advene witnej»ses of 
false testimony. Thus in inheritance causes 
the law enacted 4ay ii\^ ns r&w ^€v9otiaprvpiw, 
xdXiy i^ &PX^^ ttwtti wcpl avTwr riis X^|c(r 
(Isae. Or. 11 [//o^n.], § 46 ; Or, 5 IDicaeog.}, §§ 8, 
14 ; see, however, some doubts of Lipsius, Att. 
Process, p. 982 n.)« This was the more neces- 
sary, on account of the facility afforded to the 
parties to stop the progress of these causes by 
affidavits, and also because no money could 
compensate an Athenian for the loss of an in- 
heritance. The same remedy was given by the 
law to those who had been convicted in a ilieri 
^tviofULfnvpt&if or in a ypo4ph |f i^fat. In the 
last case tne convicted person, who proceeded 
against the witness, was compelled to remain in 
prison until the determination of his suit (Dem. 
c. 2Vinocr. p. 741, § 131). We are informed 
that these are the only cases in which a judg- 
ment was allowed to be reversed in this way ; 
the Scholiast on Plato (^Legg. xi. p. 937 C) adds 
a third, cases of inheritance (irA^po»y) ; but see 
Att, Process, p. 612 n. 350, p. 979 n. 609, Lips. 
From the words of iKaeus quoted above, ihf 
oXf rtr rAy r^tviofiaprvptw, it has been inferred 
that the conviction of a single witness sufficed 
for the granting of a new trial ; this is surely 
making too much of the indefinite rtr, and the 
Scholiast on Plato says expressly that it was 
necessary to convict more than half the number 
of witnesses. The Athenians, as we kuow, were 
very chary of granting an itfoJSucia (Att, 
Process, p. 982 n. ; Appellatio). 

We conclude by noticing a few expressions. 
MaprvpcZK riyt is to testify in favour of a man, 
KorofiapTvpw TWOS to testify against. Mopr J- 
p€(r$€u to call to witness (a word used poetically) ; 
9utfiapr^p9er$ai and sometimes iirtfuitpH>p9<rBeu 
rois wop^rrat, to call upon those who are 
present to take notice of what passes, with a 
view to give evidence. (Dem. c, Everg, et Mnes. 
p. 1150, § 38.) YfvSo/Mprvpcir and hruopKUv 
are never used indifferently, which affords some 
proof that testimony was not necessarily on oath. 
The jtdprvs (witness in the cause) is to be 
distinguished from the aXirr^p or kKiirvp, who 
merely gave evidence of the summons to 
appear. [C. R. K.] [W.W.] 

MASTB'BES (/laerriipts). [Zbtetae.] 
MASTI'GIA. [Flaobum.] 
MA8TIGOTHOBI or MASTI(K)'NOMr 
(jAaeriyo^6pot or f»affriyo¥6fAoi), the name of the 
lower police-officers in the Greek states, who 
carried into execution the corporal punishments 
inflicted by the higher magistrates. Thub 
Lycurgus assigned mastigophori to the Paedo- 
nomus at Sparta, who hvi the general superin- 
tendence of the education of the boys (Xen. Sep, 
Lac, ii. ^, iv. 6 ; ffeilen, iii. 11 ; Pint. Lye, 17). 
In the theatre the mastigophori preserved order, 
and were stationed for this purpose in the 
orchestra, near the thymele (Schol. ad Plat. 

8, 99, Ruhnken; Lncian, Pise, 33). In the 
lympic games the fafiiovxoi performed the 



130 



MATABA 



same duties. At Athens they were discharged 
hj the public slaves, called bowmen (to^6tou)j or 
Scythians (^lidai). [DEM08II.] [W. S.] 

MATABA- [Hacta.] 
MATEBFAMI'LIAS. [Matrmonium.] 
MATHBMA'TICL [Abtrologia.] 
MATBA'LIA, a festival celebrated at Rome 
every year on the 11th of June, in honour of the 
goddess Mater Matuta, whose temple stood in 
the Forum Boarium from the time of Servius 
Tullius (Uv. V. 19 ; xxxiii. 27). It was cele- 
brated only by Roman matrons, and the sacrifices 
offered to the goddess consisted of cakes baked 
in pots of earthenware (Varro, L. L, v. 106 ; 
Ovid. Fast. vi. 475, &c.). Slaves were not 
allowed to take part in the solemnities, or to 
enter the temple of the goddess. One slave, 
however, was admitted by the matrons, but only 
to be exposed to a humiliating treatment, for 
one of the matrons gave her a blow on the cheek 
and then sent her away from the temple. The 
matrons on this occasion took with them the 
children of their sisters, but not their own, held 
them in their arms, and prayed for their welfare 
(Plut. CamU. 5; Qvaest. Bom. p. 267). The 
statue of the goddess was then crowned with a 
garland, by one of the matrons who had not yet 
lost a husband (TertuU. Mcmogam. c. 17). There 
can be little doubt that the peculiar ordinances 
in this festival arose from an identification of 
Mater Matuta with Leuoothea, also a goddess of 
the Dawn. The story of Ino will explain the 
sisters' children, the punishment of the slaves 
and the honour of the once-married, and it is 
difficult to find any other satisfactory explana^ 
tion. At the same time it is not improbable 
that the rites connected with the Greek myth 
are mingled with a simpler Roman festival 
of MothsrSy in which the goddess of lawful 
marriage and of the birth of children (as of 
the birth of light) was honoured. (Com- 
pare Preller, R&m. Myth. p. 286, and Diet, of 
Greek and Homan Biography, arts. Ino and 
Matuta.) [L. S.] [G. K M.] 

MATBIMO'NIUM, NIJ'PTIAB (7a;tos), 
marriage. 1. Greek. The history of the mar- 
riage relation among the Greeks takes us back to 
some of the very earliest forms of the connexion 
between the sexes. In many of the wild tribes 
that surrounded the Greek world we are told 
that the sexes mingled promiscuously — eg. the 
Massagetae (Herod, i. 126), the Nasamones 
(Herod, iv. 172), the Ausenses (Herod, iv. 180, 
&c); and legends recount the same of the 
earliest times in Athens itself. "At Athens, 
Cecrops was the first person who married a man 
to one wife only, whereas before his time con- 
nexions had taken place at random, and men had 
had their wives in common " (Clearchus of Soli, 
ap. Athen. xiii. 2). Absurd as it would be to 
treat such a tradition as authentic history, it is 
possible that it embodies a true reminiscence of 
an early development ; and it is curious to find 
that according to a quite separate legend (quoted 
from Varro by St. Augustine, de Civit. Dei, 
xviii. 9) the exclusion of women from public 

• assemblies at Athens, and therewith their definite 
; political subordination, is placed in the time of 
. Cecrops. And indeed there are other reasons 
\ which lead us to believe that the institutions of 

• Athens were, from the first, singularly averse to 
 feminane predominance. Athenian mythology has 

I 



I MATBIMONIUM 

io Antigone, not even a Helen ; Athenian histcry 
nas no Sappho, no Corinna. Aspasia herself wa» 
/a Milesian. 

Iln the rest of Greece, the marital tie de- 
veloped more slowly, and with somewhat differ- 
ent results. The fierce stories of the Lemnisn 
women, the Danaides, the Amazons, indicate 
that in the primeval times, amidst the frail 
organisations that then constituted society^ 
women were occasionally capable of saccessfully 
contending against the stronger sex. Taking a 
step downwards in history, we come to the 
Homeric period ; but before speaking of this, it 
will be expedient to notice a form of society 
which, though we meet with it at a later date, 
bears the mark of an earlier stage in the process 
of growth. This is the custom, which Herodotus 
(i. 173) and other authorities attribute to the 
Lycians, of reckoning families according to de- 
scent on the mother's side, and of giving^to the 
wife and daughter much of that predominance 
(especially as to the inheritance of property) 
which is generally given to the father and sod. 
It is clear that this custom was a survival fruci 
those times when paternity was uncertain, and 
when the only known relationships were through| 
the mother ; but it continued, in some few iu-j 
stances, among peoples who, we have every r«as< uj 
to believe, were monogamists, according to th«:j 
ordinary Greek acceptation of that term. Beside>| 
the Lycians, the Epizephyrian Locrians are statetij 
by Polybius (xii. 5) to have reckoned descec 
through the mothers ; and Kicolaus Damascenu 
(p. 160) says of the Sarmatians (to whom 
Herodotus in bk. iv. 110-114 attributes a desceL 
on the motherls side from the Amazons) tb:.< 
they obeyed their wives in everything (reus 8^ 
yvyeu^l irdvra vtiOotrrai its Seovolrais). Thc^ 
who wish to know more on this usurious develop^ 
ment of the conjugal bond may consDlt tM 
learned and eloquent work of Bachofen (Z>uj 
Mutterrecht}, whose enthusiasm on behalf ^.i 
the *' government by women " transcends soIk] 
bounds ; or the more moderate theories <^ 
McLennan (Studies in Ancient History^ 1876). 

It will be worth while remarking, in pa&i 
ing, that polygamy just touches the confines €| 
Greece, in Thrace (Herod, v. 5, 16; Lunjl 
Androm. 215); as indeed the court of Pria.>ii 
though Hecuba alone appears to have enjoy t^ 
the title of his wife, bore much resemblance t| 
that of a polygamous monarch. We now com 
to the Greek society described in Homer. 

The Iliad and Odyssey describe a society i 
which monogamy, and on the whole a puj 
monogamy, is the rule. No doubt ** concubinci^ 
are mentioned, as well as *' wedded wives ** (e.j 
Odyss. xiv. 203); yet Laertes is said to hai 
abstained from the bed of his favourite maij 
servant, " fearing the anger of his wife " (jc^^i 
V kKi%uf€ yvifeuK6Sf Odyss. i. 433): Agamemn^ 
refrains from Briseis, even though he had t^ik^ 
her from Achilles (ll. ix. 133) ; and the beau^ 
ful lines 340--343 of the same book assail 
monogamy as the natural condition. The atril 
ideas of modem times would not permit as 
describe Ulysses as wholly faithful to Penelopj 
but he would seem to have had little choice 
the hands of Circe and Calypso, and he wi 
clearly faithful at heart. No queen could hai 
more royal oifices assigned to her than Arel 
the queen of king Alcinous (Odyss, vL 310 ; i 



MATRmOmUM 



MATBIMONIUH 



131 



69-74:, 143)b Jforeover, though women as well 

as men aJknd from the roughness of the times, 

womn vcie under no peculiar disadyantages ; 

thtw were not forbidden to appear in the open 

streets. McLennan (ofK ci^.) gives reason to think 

that ths relationship through mothers, already 

zMlioed as of predominant importance in Lycia 

is s later age, was in the Homeric period es- 

t<«iDed as sap&ri(ur to the relationship through 

iiXba* armr the whole of Greece; and this 

voaM aeoonnt for the comparatiTely high posi- 

uoa attrihnted to women in Homer. (See 7/. 

XXL 96, where the epithet 6fjuoydtrrpio$ is 

pciatedly used to express a closer tie than 

bnthtrbood oo the father's side.) In itsielf, 

the &et that the Homeric chiefs bought their 

vTves, instead of receiving a dowry with them, 

might saggest a lower state of society. But 

the ahscDce of any mention of divorce in Homer 

is m fisTonr of the view here taken. [Dos.] 

la reference to these early states of society, 
two remarks of Aristotle^ interesting in their 
cQDasxioa, should be borne in mind : first, that 
** among the barbarians, the female element and 
the scirile element are in the same rank ** 
{PU. L S) ; secondly, that ** the greater number 
of milxtarj and warlike races are governed by 
tndr women" (iW. ii. 9). In the Homeric 
K-ciety the latter or chivalrous condition is pre- 
donunaat ; bat it is difficult to be sure that the 
"barbariaa" estimate of women was nowhere 
l^reralent in early times In Greece ; and it may 
be a part explanation of the decline in the posi- 
tioQ of women which took place oyer so large a 
fHTTtiott of Greece afterwards. 

ia the main, however, this decline was due to 
ether oauaes. In treating of it, the topic of the 
" ibife " most for a short space be merged in the 
tiTosder tepie of the ** woman." The great dis- 
t.sctMB between the Homeric age and the his- 
toric period of Greece ia the importance to which 
*''i»*^ciij" had attained in the latter period; 
iM dtj being a community governed by laws 
<«Ten tJbongh it might sometimes fall under the 
* a ay of a tyrant), self-centred, and priding itself 
^ its independent existence. It seems certain 
tbat this city life, with its public deliberations, 
•u ceUectians of laws, and the large Intellectual 
elevest which these demanded, was one to which 
wooca in that stage of the world's history were 
saequL Tbey fell still more behind than they 
^^ dune ia the merely warlike Homeric society. 
Aod other causes co-operated. Athens was from 
tbe first the type of this city life ; now it was 
fnta Athens that the Ionian cities in Asia (and 
ta many of the Aegean islands) were founded ; and 
ve are tohl ^erod. i. 146) that these colonists 
<id net take their wives with them, but married 
OjriaQ woBen,so that from the first their wives 
''jErted as on an inferior footing, and with 
vit^cofiiatic feelings to their husbands, which 
Herodotus implies continued more or less in 
*'i.joeqBeBt generations. Further, these Ionian 
*'<«tte8 were in direct contact with the Asiatic 
•eBarchfcsy In which women occupied a very 
'Jnw peaitton. And as a final point, it must 
* iTlcd thai both in Athens and Ionia (as else- 
•Wre) the city life, implying as it did a body of 
'-^•aess, rtqiiind a clear means of discrimination 
^ t««ho was and who was not a citiaen ; and as 
'^■aeaship waa mainly handed on from father 
te sea, parity of raoi aiumed an importance 



unknown before. Achilles might marry his 
Phrygian captive Briseis with no complaint on 
the part of his Myrmidons ; but the son of 
Pericles by the Milesiim Aspasia could not be 
accounted a citizen of Athens without a speoial 
vote of the people. If then in a large city, such 
as Athens or Miletus, swarming with traders 
from all parts of Greece, an accurate distinction 
waa to be kept up between citizens and aliens, 
it was necessary that the matrons of the city 
should be clearly severed off from all others, and 
also that they should be preserved from tempta- 
tion ; both of which ends were crudely but to a 
certain extent effectively secured by uieir com- 
parative seclusion. From all these causes (and 
probably from other deep veins of character hard 
to trace), across that middle belt of the Greek 
world which extended from Athens to Ionia,— a 
belt containing the most advanced and cultivated 
cities of Greece,' — ^the female sex was lowered 
from the position which it held in the time of 
Homer, and regulated by customs approximating 
to those which have always existed in the East. 

It was impossible that other parts of Greece 
should be uninfluenced by such a result; and 
besides, some of the causes which acted in 
Attica and Ionia would be forcible elsewhere. 
Thus, though about 500 II.C. Corinna and other 
poetesses enjoyed an honourable publicity at 
Thebes, yet in 379 B.a we find it a breach of 
etiquette for Theban women to walk freely 
about the streets (Pint, de Genio Socr. 32). The 
Aeolian colonies of Lesbos and the adjacent 
ooast of Asia Minor resisted the tendency for a 
time; and Sappho and her brilliant compeers, 
about the beginning of the 6th century B.C., 
raised the female sex to the highest glory in 
respect of imaginative power, and perhaps 
attempted social changes as well. But the 
phenomenon was a transitory one; perhaps, 
even, not a favourable one for steady develop- 
ment: the Mytilenaeans had an honourable 
history after this, but we heai* no more of their 
women. Acgos, half-way between Athens and 
Sparta, shows also an intermediate character 
as. regards its female population. We can 
hardly wholly reject the story of its heroic 
defence by Telesiila the poetess and the other 
women against the Spartans, about 510 B.G., 
after the slaughter of the Argive army by 
Cleomenes (Plut. de Mulierum Virtutibua ; Pans, 
ii. 20, § 7) ; but in the succeeding century the 
city lost to a great degree its Dorian character, 
and of its women too we scarcely hear anything 
more. 

We may assume then that, by the middle of 
the 5th century B.a, the restriction of the 
liberty of free-born citizen women, which had 
begun some centuritt earlier, attained its full 
development in Northern Greece. The most 
celebrated of the Greek colonies in Asia, most 
of the islands of the Aegean, and the northern 
part of the Peloponnesus itself, were subject to 
the same influence. 

But there were parts of Greece that never in 
the smallest degree succumbed to this influence. 
In Sparta, from the first moment of its history 
down to the death of king Cleomenes in B.a 220 
(if not later), women enjoyed an authority, a 
distinction, rarely accorded to them even in 

I modem times. With Sparta, Crete and Cyrene 
may, though in a miner degree, be reckoned; 

K 3 



132 



HATEIMONIUM 



HATBIMOKIUM 



and here, too, the population was Dorian. But 
Cyrene and Crete will only enter into a small 
portion of the following observations. 

As to the original cause of this lofty position 
of women among the Dorian race — and the 
obseryation is true of Argos also, down to about 
500 B.O. — Mttller conjectures (Dorians, i. 4, § 9) 
that it arose from the fact that the Dorians took 
their wives and children with them in their 
original emigration fi*om the north to the south 
of the Corinthian gulf. Such a cause is cer- 
tainly adequate, implying, as it does, association 
in perilous adventure; and it is diflScnlt to 
conjecture another equally strong. The causes, 
moreover, which depressed the position of 
women elsewhere, existed very sparingly at 
Sparta. There was not there, as at Athens, any 
great influx of strangers; Sparta was not a 
commercial city ; and those who came were at 
any time liable to be expelled by the authorities. 
[Xenelasia.] Hence the strain of citizenship 
was easily kept pure at Sparta, without the 
seclusion of the wives. And Spartan husbands 
were the reverse of jealous; of which more 
presently. And since Spartan men were unable 
under the institutions of Lycurgus to make free 
use of wealth, the dowries of wives were large, 
and there were many heiresses. Aristotle tells 
us (Pol, ii. 9) that two-fifths of the soil of 
I«aoonia was possessed by women. Hence ensued 
a condition of which the concise answer of 
. Gorgo, wife of Leonidas, is the proud expression : 
** Why," she was asked by a foreign lady, ** do 
you Lacedaemonian wives, unlike all others, 
govern the men ? " '' Because we alone are the 
mothers of men." (Plut. Lac. Apophiheg.) 

Exaggeration, however, must be avoided, both 
as to the extent of liberty allowed to wives at 
Sparta, and as to the goodness of the result. 
The laws of Sparta bound women as well as 
men: perhaps, because they bound men more 
than elsewhere, they bound women less ; but 
with the detailed accounts of Xenophon and 
Plutarch before us, we cannot believe, with 
Aristotle (/. c), that Lycurgus tried to legislate 
for women, and failed. Undoubtedly, however, 
there was much singularity in the legislation. 
Before marriage, the Spartan girl passed an 
open-air life of continuous exercise ; she wrestled, 
she raced with her equals (Xen. de Bep, Lac, 
i. 4); intercourse with young men was not 
forbidden to her, and she was present at the 
public games. All this was allowed with a view 
to marriage; the girl would as a matter of 
course be given in marriage by her parent or 
Kvptos (guardian) ; the youth who did not marry 
was liable to severe penalties (Pollux, viii. 40 ; 
Plut. Lycurg, 15). The form of marnage was 
a mock capture, a remi'niscence of the time 
when wives were really captured with the 
strong hand ; after marriage the bridegroom did 
not at once take his bride home, lest they should 
be soon tired of each other, but visited her in 
her parents' house clandestinely, and this secret 
intercour.^ sometimes continued till children 
were born to them (Plut. /. c). When at last 
the husband took his wife home, he often took 
her mother with her (cf. Muller's Doriana, iv. 
4, § 2). The married woman was forbidden to 
attend gymnastic contests (Paus. v. 6, § 5) ; and 
when she went out of doors, wore a veil (Pint. 
Lac. Apophthegm.^ aneodcU of ChariUua). The 



custom of the newly- wedded wife remaininj^ 
her parents' house prevailed in Crete i 
(Strabo, x. p. 482); and the object there 
stated to have been that she might learn hot 
keeping. Miiller (/. c.) after Heaychius espli 
the word itapdipios as meaning a son b 
during this period of quasi-secret marrt 
(cf. Hom. //. xvi. 180). 

More singular than the method of woo 
among the Spartans was the regulation i 
permitted polyandry. The production of el 
dren was so far regarded by the legislator as 
main end of marriage, that if a woman had 
children by her husband, it was common 
her, with full consent of her husband, to adi 
another man to her bed ; and this might ti 
place even if she had children by her husba 
80 that a wife might be the mother of t 
separate families (Pint. Lycurg. ; Xen. Hep. L 
i. 9). It would appear, too, that several broth 
might share one wife (Polyb. zii. 6). Vet 
know no specific case of this last ; and bs far 
our information goes, the hoaband was alwi 
recognised as sudi, whatever intercourse wi 
his wife he permitted on the part of othe 
Once, and only once in the history of Spar 
was bigamy permitted on the part of the ma 
this is the case of king Anaxandridas (Herod. 
39, 40), who for love of his first wife refused 
put her away, but was obliged by the ephon 
take a second for the sake of posterity. (0 
other case of bigamy is recorded among genuu 
Greeks, that of Dionysius of Syracuse, accordii 
to Aelian, V. H. xiii. 10.) It may be infem 
from the case of Anaxandridas, and from tl 
narrative in Herod, vi. 61, that the divorce of 
wife on the ground of barrenness was sanctiooj 
by Spartan law. 

While connexions which we consider irreguli 
were thus legalised at Sparta, illicit rice v| 
very rare, and affection between husband al 
wife was often very tender. (See the lira i 
Agis and Cleomenes in Plutarch, espedslly tl 
beautiful story of Chelonis, the wife of Cleoc 
brotus.) The Spartan women w^ere by far tl 
finest and handsomest in Greece (Aristoph. Lh 
78-84); and their sayings and deeds records 
in Plutarch (especially in the ApophthejmaiA 
Ithough sometimes stern, are always strikio 
((One of them anticipated the celebrated speM 
»f Cornelia, mother of the Gracchi.) 11 
Uthenians, as was natural, criticised their (rt 
Horn {e.g. Eurip. Androm. 595 if.) ; and we (^ 
nardly refuse to admit, on the joint authoritfj 
Plato (L^gg. i. p. 637) and Aristotle (Pol. ii.^ 
that after the great successes of Sparta in ' 
Peloponnesian wars, they, as well as the Sf 
men, lost some of their virtue. But n^ble woi 
are found among them even then: it is harsh I 
blame them severely for the single occasioaj 
which they lost their nerve and showed timi ' 
when Epaminondas with his great army 
40,000 or 70,000 men was threat«niD|; 
unwalled city of Sparta; and when Arist 
alleges (Pol. ii. 9) that they caused the M 
pnlation of Laconia by keeping the cxteoi 
tracts, of which they were the mistressei, ' 
inhabited, we cannot^ but remember that 
incessant military exercise of the Spartans 
the practice of infanticide (which all the (ft 
sanctioned) were much more probable caas^ 
diminution of the population than that wr 



MATBIMONIUM 



MATBIMONIUM 



183 



Iriitatle saggt$U. (He sajs that Sparta fell 
thrangli ker •Xtynp0ptfwia: an interesting, and 
Q iistlf donbtleis a true, obeenration.) 

Bat it is necessary to hasten to that Greek 

•uu of which, after all, we know Tery far the 

cjit; the antipodes of Sparta — Athens. At 

Atb»s, ss has been stated, both the unmarried 

fj-! aad the wife lay under restrictions greater 

tku aa J where else in Greece. It mu&t be 

liaittcd, that eren as regards Athens, there is 

1 iiTftt deal which we do not know ; and one of 

the (problems of the case is to reconcile the 

i».t;rnBf statements of the obscurity and 

vaks«s of women, as well as the unfeeling 

x<^ m which they are treated by the orators 

r'lQt Me, for an exception, and in a very unlikely 

pbx, [Dem.] e, Neaer. p. 1364, § 56), with the 

rtnkiaj and elevated female characters that so 

titcD appear in the pages of the Greek trage- 

iMi. Seme experience, one would think, 

S^ntodes most hare had of a free and noble 

=:sid«n, when he drew Antigone ; and Euripides 

«i' I DoUe wife, when he drew Alcestis. Even 

in .^nctophanes, Lysistrata, in spite of the 

lUKncj of the play named after her, acts an 

eMatially honourable part. Haemon, in So- 

f<bucl«s, i« a lover of the high chivalrous type. 

Asd it is JQStly remarked by Becker, that we 

i^ koow of one actual case in which a wealthy 

Atheaian noarried for love — Callias, who married 

QliAife, Cimon's sister (Plut Cimon, 4). But 

tk« bslaace of evidence is on the unfavourable 

•««. Perhaps the Andria of Terence will give 

t) tkf best idea of the possibilities and actualities 

tf Athenian marriage. The plot of that play is 

p Kiatie : each of the lovers marries his beloved. 

^t the (thos of the play is totally against such 

> <Qx'ettsfal result, which happens by pure 

ic^t. Eridently, the father's will, and not 

i>. artr's passion, is the real animating cause 

«vdi prodoces marriage in any ordinary case. 

*a:i iorers," says Simo, one of the fathers, 

"tNijta tad grievance that a wife should be 

•«sT»*d to them " (Act i. scene 2> The wife, 

'^% vat not generally the beloved. And the 

'tlimit«d obedience professed by Pamphilus, 

^ao's SOD (v. 3X leaves him wholly in his 

•»*j»r'« power, at the risk of unspeakable 

^i^nr to the object of his affections. Not less 

'-^s-late if the ol^edience promised by the profli- 

^j MS in the Drinununus of Plautns (r. 3, 8) : 

"^b dacam. pater, etiam si quam aliam ju- 

^'•^- Eridently these are meant to be moral 

"Qtinents; bat to us it is repellent, that a 

^^f'* iadiTidnality should have no rights 

'''goed to it in such a matter, and that duty 

'v.bU be held to consist in mere external 

^•slmee to another. The plain prose of the 

'fitter ii expressed by the author of the speech 

'xm Seaera (p. 1386, § 122): "We have 

'^ue compsnicHis (iraipas) for our pleasure, 

*-BMB«$ £>r daily attendance on our per- 

•*«, fcut wives in order that we may beget 

•WmtU children and that we may have 

^ ^J»f«l guardian of our households." The 

• ■wralitf of such a remark is the more 

J*^^ when we remember that it is in part 

;*«ied to he the acknowledgment of a certain 

-•Ttotheiute. 

J^ictlr ipeakiag, the Athenians did not think 

*;«^y of marriage ; but they did think meanly 

^ *tf«. The most honourable side of their 



conception of it was that which concerned the 
family ; the necessity that a man should pre- 
vent his " heritege being desolate, and his 
name beine cut off'* {Srus fiii ^Icpif/fuio-ovo-i 
robs tr^€r%pct¥ tdrrvy olkovt); that some one 
should make offerings at his grave (AXA* Iotoi 
rts Koi 6 iyaymfj Isaeus,(2ff ApolL Hered, § 30): 
a feeling which is eloquently expressed by Plato 
in the Laws (vi. p. 773 B), <'We must take 
hold of the eternal nature by providing to God 
ministers to sUnd before him in our stead, the 
descendants whom we leave behind us." Even 
this very praiseworthy sentiment was sometimes 
abused through the practice of unlimited adop- 
tion (for instances of which, see the speech of 
Demosthenes against Leochares). 

Of the three most celebrated Greek writers 
who have treated of the subject of marriage — 
Plato, Aristotle, and Xenophon — Plato is. the 
one who comes nearest to touching the real 
error of Athenian sentiment respecting mar- 
riage. In the beginning of the speech in the 
Laws just referred to, he clearly shows that 
reciprocation of vital influences is the root of 
the beneficent effects of marriage. Had he 
seen that this reciprocation lies in the inter- 
change of noble thought and feeling between 
husband and wife personally, he would have 
penetrated to the secret of the whole. And he 
cannot have been far from seeing it: for he 
thought better of the capacities of women than 
any of his contemporaries. But he falls short, 
partly because the reciprocation which he 
commends is contemplated by him in too physical 
a manner, and partly because, when he does 
regard it spiritually, it is the wife's family in 
iU entirety that he looks upon as influencing 
the husband. His faith in womanhood is imper- 
fect : hence there is a vagueness in his concep- 
tion, though it is a noble one. A similar defect 
appears in his lofty sentiment that marriage 
should be entered into for the good of the com- 
munity, and not for the pleasure of the indivi- 
dual ; he is not aware that there are momenU 
when personal sentiment has supreme rights. 
Aristotle (^Eth, Nk. viii. 14) gives a picture of 
marriage, beautiful of ite kind ; he insiste on 
the elemente of affection, and of a common 
interest, which it involves : but the idea of a 
reciprocal influence in it is not present to him 
in any considerable degree. He is aware indeed 
that there is a sphere in which the wife ought 
to rule the husband {Pol, i. 12) ; but he clearly 
regards that sphere as a superficial one. Xeno- 
phon, in the quaintly tender narrative of the 
OeconomicuSj shows a somewhat similar appre- 
ciation of the wife ; she comes to her husband's 
house as an untemed creature, who has to be 
made pliable and taught the duties of house- 
keeping : beyond the household her sphere does 
not extend; she is recommended, though not 
absolutely enjoined, to keep indoors. Yet he 
assigns to her a share in the education of the 
children (vii. 12) ; she is to be a friend to the 
whole household ; and what is still more valua- 
ble, Xenophon has a deep sense that the hus- 
band should esteem her, nay possibly look up to 
her. Akin to this is the reverence for a mother 
inculcated by Socrates in the Memorabilia 
(ii. 2). It is the universal assumption that 
the husband will be considerably older than the 
wife : Plato puU the age of marriage for the 



134' 



]£iiTBlMONIUM 



MATRIMONIUM 



man at fram 25 or 30 to 35, for the wife at 
from 16 to 20 (Legg. iv. p. 721 ; vi. pp. 772, 785X 
and he a£fixes penalties for the man who does 
not marry before the highest age mentioned; 
Aristotle recommends 35 as the best age of 
marriage for the husband, 18 for the wife (Pol, 
▼li. 16). 

Let US now consider what is laid down in the 
Athenian taw concerning marriage. Monogamy 
is, of course, assumed. Marriage, we are told, 
was made compulsory by Solon (Pint, de Amore 
Prci, 3) ; but if so, the (aw fell into disuse ; and 
in later days bachelors were subject to no dis- 
adrantages in Athenian territory (cf., e.^., 
Demosth. c. L^och, p. 1083, § 10). A youthful 
citizen was not allowed to marry until his name 
was entered in the tribal register {Xi^^iapx^^^ 
yfMfifuuTuop). The restrictions as to whom he 
might marry differed from those imposed in 
modem times, being in part looser, in part more 
scTere. Prohibitions on the ground of consan- 
guinity #ere less numerous than with us. A 
man might not marry a direct ancestor or 
descendant ; nor might he marry stepmother or 
stepdaughter, mother-in-law or daughter-in- 
law ; nor, with an exception to be noticed, his 
sister. It maybe difficult to prove the exist- 
ence of th^se prohibitions in every single case ; 
but Compare Eurip. AwhvnL 174-177, Lysias 
tn Alcib. i. § 28 ; also the list of allowed rela- 
tionships in Plato, Legg, xi. p. 925 C ; and with 
respect to the mother-in-law, Andocid. de Myst. 
§ 124, may be referred to, though not absolutely 
demonstrative. It is worth also referring to 
the well-known passage In St. Paul (1 Cor. v. 1), 
though of 80 late a date. The marriage of 
Oedipus was looked on with horror, and the 
fact that it was accidental was not regarded as 
an alleviation. On the other hand, the mar- 
riage of a brother with a half-sister on the 
father's side did sometimes occur (Dem. c. 
EvimX. p. 1304, § 20 ; Plut. Themist. 32). Mar- 
riage with a niece was common ; with an aunt 
naturally less so, but there was nothing to 
forbid it. 

The prohibition of marriage between a citizen 
and an alien belongs to a different class from 
tlie prohibition by reason of relationship. It 
would hardly seem to have existed in the early 
period* of Athenian history ; Megades (Herod, 
vi. 130) and Miltiades (Herod, vi. 39) both 
married foreigners ; the mother of Themistocles 
was a foreigner (Plut. Themist, 1). The influx 
of foreigners into Athens in the time of Pericles 
was doubtless the cause that necessitated a 
more stringent law; namely, that both the 
parents of a citizen must be citizens ; whence it 
resulted that marriage with an alien was for- 
bidden (Plut. Pericl. 37 ; Schol. ad Arist. Vesp. 
717). Infringement of this law took place; 
hence it was re-enacted in the archonship of 
Eudeides f B.a 403), with the reserve that the 
re-enacted law was not to be retrospective (Dem. 
c, Eubul, 1307, § 34). Timotheus, son of Conon, 
whose mother is said to have been a Thracian 
woman (Athen. ziii. p. 577 b), may probably 
have owed his citizenship to this saving clause. 
According to the Scholiast to Aeschines (c. 
Timarch. § 39), the law had to be re-enacted 
yet a third time. Clearly then the application 
of it was irregular ; and we may infer this on 
other grounds. The speech against Keaera 



shows that it was not a dead letter ; sad 
the penalties for the breach of it then stated 
([Dem.] c. Neaer. pp. 1350, 1363) are very severe.' 
So, too, the plot of the Andria of Terence i 
largely turns upon this law. Yet on the other! 
baud we find such a singular case as that of 
Phormion, the freedman and afterwards thei 
successor of the banker Pasion, who while still i 
an alien married Pasion^s widow, a female' 
citizen ; and though Apollodorua, Fasi<m*s son,' 
was vehemently incensed at the marriage, and 
brought divers actions at law to prove that' 
Pasion's will, under which the marriage wasi 
sanctioned, was a forgery, yet he did not, until 
more than ten years had elapsed, aHege this' 
ground, which would so greatly have helped bis' 
case, that the marriage was intrinsically illegal.: 
At last he did put forward this ground (Dem.' 
c. Steph, ii. p. 1132, § 13), but by that time 
Phormion had received the citizenship by a vote 
of the people. By way of important exception! 
to the law, it should be noted that the right of 
intermarriage was granted by the Athenians! 
at variotis times te other peoples : to thei 
Thebans shortly before the battle of Chaerooeai 
(Dem. de Cor,\, 291, § 187), to the Plataeaiui 
(Isocrates, Plat § 51), to the Euboeans (Lysias,; 
(nr^p r^r xoXirefosy § 3). ' 

Marriage at Athens took place in two ^rays ; 
either by iyy^ffis or bv iirAiKaaUu 'Kyy^tf- 
CIS was the ordinary method, and meant the act 
of the father or guardian (K^pcor) of a maiden: 
in giving her in betrothal to her future husband.' 
The act was a solemn one, the relatives of eithcr| 
side being witnesses. Whenever any woman | 
had a K^ptos, marriage could take place by^ no' 
other method than this. If, however, a wonkan! 
were left an heiress (iwlitXyipos) without having! 
a Kifpios (and according to the law given in| 
Dem. c. iSI^A. p. 1134, § 18, only the fiather, the: 
brother born of the same father, and the grand-! 
father on the father's side, could discharge this! 
office by virtue of natural relationship), then! 
the next of kin might claim her in marriage! 
(Isaeus, de Pyrrh. lured, § 78), preference being 
given to kindred on the father's side ; sncb al 
claim was called hnMucaffla^ and was brought! 
in the first instance before the archon. [Epf- 
CLBRUS.] The public interest in such a claim i 
being allowed lay in the danger of dissensions 
being caused by rival suitors, of which Aristotle 
(Pol, V. 4) gives instances. If the heiress w^er<* 
poor (0^o'<ra), it was likely that no claimant 
would come forwai*d ; in this case the arcbon 
was bound to compel the next of kin either bim-< 
self to marry the heiress or to portion her and gir« 
her in marriage (Dem. c. Macart. p. 1067, § 51). 
It is to be inferred that the next of kin wa< 
regarded as K^ptos of the heiress in sach a case 
as this. Legitimate children at Athens were 
invariably the offspring of a marriage ratified 
according to one of these forms. 

At the time of the betrothal the dowry of 
the bride was settled; and this indeed was a 
most important point for her future welfare. 
For — and, among the many points which show 
that Athenian law looked upon the wife as a 
sort of foreigner in the family, this is one of tbi* 
most remarkable — the wife was reckoned to 
have no claim at all on her husband's property. 
Supposing her husband died, even the most d£»- 
tant cousin might inherit from him; bat the 



liATRIMONIUM 



MATRIMONIUM 



135 



vifev otra, Kmy, she might not eren continiie 
U> Ttsytde in his house after his death, unless she 
pleaded pregnancy ; in that case she would come 
onder the protection of the archon, and would 
remain undisturbed until the child was bom (Dem. 
c MacarL p. 1076, § 73). Thus in Dem. c. 
Boeot pc 1010, § 6, the wife of Cleomedon leaves 
her husband's house, and is portioned out again by 
y^T br&thers. If in i>em. c Phaenipp, p. 1047, 
§ 27, this does not happen, the reason is that the 
two vomen there mentioned are the wards of their 
own sons, who maintained them out of their 
skwries. Neither could a mother inherit from 
her cvtt children (Isaens, de Hagn, hered. § 12). 
Hence the dowry was the only security to the 
wif« against extreme poTerty, in the event of 
ht-r husband's death, or if she were divorced ; 
the husband therefore had to give ft guarantee 
f{»r its return in the shape of some piece of 
landed property. [Oos.] We find that wealthy 
men would vometimes portion the daughters of 
their poorer neighbours (Lysias, de bonis Aristopih* 
§ 17). It would, however, be incorrect to 
suppose that the dowry would ever become the 
wtfe*s absolute property; it would in the case 
supposed revert to her mfpios^ who would either 
support her from it, or give her in marriage 
again. Bat as gainst her husband or his 
creditors, it was absolutely hers. The dowry, 
as has been said, did not exist in Homer's time, 
Aod was a gradual growth ; Plato disapproved 
of it (J^egg» yt. 774 A) as tending to produce 
Ararice ; in early times it was small. The law 
which Plntarch attributes to Solon (Plut. Solon^ 
c 20^ restricting the amount of dowry to three 
garments and some household utensils (for 
d^wry is what Plutarch clearly means, though 
Le iue% the word ^pr^ and not the more usual 
vpat^) is a highly probable one; and highly 
probable also is it that it shop Id have fallen 
iiito desuetude. Attempts to legislate against 
the unaToiklabie tendencies of society are a very 
fsmUiar feature of history ; and there seems no 
reason for depriving Plutarch's statement of all 
its meaniog by supposing the ^cpy^ to mean 
limply wedding presents. Even in later times 
the dowrj was not an absolute necessity (Plaut. 
Thstwrnnus, ii. 2, 97-102) : though the want of 
it might entail difficulty and discredit. 

It is again very notable that, in spite of the 

fcvmal betrothal and marriage, the husband was 

no more st6pias over his own wife than before. 

The father, or whoever had been the previous 

protector, retained his office. Thus in Dem. 

<*. Spvd. p. 1029, we find the father taking 

•iway his daughter from the husband to whom 

he had given her in marriage, and m»rr}'ing her 

to another husband. This would not have 

been sanctioned by Roman law. Nay, even if 

(h^ father died, the husband did not become 

KvpwSy unless he had been adopted by the 

father : as we see from the case of the daughter 

«f Aristarchus (Isaeus, de Arist. her, § 27), 

whose husband dared not claim the property 

«Uch was due to his wife, because the next 

•*f kia threatened to take away his wife if he 

nJsed diificttlties. Isaeus (de Pyrrh. hered, § 78) 

t'rlU us that many husbands had been deprived 

«f their wives in this way. If, however, the 

fatiktr had left his daughter by will in marriage 

W anyone, the hu«banfl so constituted became 

eV*< over his wife. In default of any special 



provision either in this way or by the husband 
being adopted into the house of his father-in- 
law, the protectorship over the wife, after her 
father's death, would belong to her brother, or 
perhaps grandfather ; and whoever was K^pioSf 
had the entire disposal of the wife, just as if 
she had been unmarried. (Cf. Dem. c. EvbvU. 
p. 131 1, § 40.) Supposing, however, the husband 
was ic^pios over his wife, he had then rights 
as anomalous, to our thinking, as his want of 
rights was in the other case ; in his , office of 
ic^cos he could give her in marriage to an- 
other person just as if he had not been her 
hubbaud (Dem. pro Phorm, p. 953, § 28 ; Isaeus, 
de Mened. hered. §§ 7, 8). And, as a matter of 
course, he could direct by his will that she 
should be married to another pei*son. In short, 
a woman, whether maiden, wife, or widow, was 
always under guardianship, always at the dis- 
posal of another. Her own sons, if two years 
past the age of manhood, would be her 
guardians, supposing she were left a widow 
without any other icJpior. 

Those who regard the catalogue of wrongs 
(if it is fair to say that the absence of rights 
constitutes a wrong) suffered by women at 
Athens, as recapitulated in the last two para- 
graphs, will not think that the Athenians had 
any reason for pluming themselves over the 
Spartans as respects their treatment of the 
weaker sex. The plaintive lament in the 
Tereus of Sophocles, '* We women are nothing : 
happy indeed iu our childhood, for then we are. 
thoughtless; but when we arrive at maiden- 
hood, driven away from our homes, sold as 
nacrchandise, compelled to many and to say, 
' All's well ' : " and the more vigorous invective 
of Medea against the oppression of her sex 
(Eurip. Med. 230-266), doubtless had their 
prototypes in some, at any rate, of the suffering 
Athenian women. It is curious, however, to 
find that Medea complains of the dowry as a 
wrong. ** We have to buy ourselves a husband," 
she says. With much more reason does she 
complain of the terrible risk to which women 
are subjected, without any choice when a 
husband is forced upon them ; of the tedium of 
the life indoors, debarred from that general 
society which the husband enjoyed; and still 
more of the worst possible injury, if that 
happened, when the husband left her and 
sought the bed of another. The poets, like the 
philosophers, had sympathies in which the 
legislators and orators of Athens were wanting ; 
and Euripides (who was very unjustly, as far 
as we can tell, termed a woman-hater) seems 
even to have thought that a woman should not 
marry a second time (Trooef. 656-671), and 
therefore of course that she should not be com- 
pelled BO to marry. If it cannot be inferred 
from Alcestis^ 328-331, that he disapproved of 
a man marrying a second time, the lines are at 
any rate remarkable. 

The provision for heiresses marrying their 
next of kin. mentioned above, was a single 
example of a customary practice; to marry 
within the family was common ; whether it 
was equally salutary may be doubted. It had 
its points of convenience, of course. (Compare 
the Hebrew law, Numbers xxvii. 1-11, and the 
example of it in Ruth iv.) But there were 
professional matchmakers called vpo/injo-rpfSct 



136 



MATBIMOXIUM 



or wpofiyiitrrplai (Xen. Mem, ii. 6, 36 ; Pollux, 
iii. 31), who, however, did not stand in high 
esteem (Plato, Thsaet. p. 150 B). 

The marriage ceremonial at Athens, among 
the higher classes, was more elaborate than 
with us. The consecration of all girls to Ar- 
temis, when they were ten years old, at the 
festival Brauronia, stood in intimate relation 
with it. [Brauronia.] When the marriage 
itself drew near, the sacriHce to the tutelar 
gods of marriage ($€ol ya^iiiKtOk) toolc place. 
This was performed by the father, and might 
take place some days before the marriage (Eur. 
Iph. in Aul, 718), or on the day itself (Achill. 
Tat. ii. 12). As to who the tutelary deities 
were, custom appears to have varied. Diodorus 
Sicnlus (v. 73) names Zeus and Hera; but 
Pollux names Hera, Artemis, and the Fates (iii. 
38) : Artemis is also mentioned in relation to 
Boeotia and Locris in Plut. Aristid. 20 ; and the 
Nymphs are mentioned in Plut. Amat, Narr, 1. 
The sacri6oe itself was called irpariXtta y^^r, 
or itpoydfuuif and it was regarded as a dedi- 
cation of the bride to the deities named, some 
locks of the bride's hair (dirapx<^) being offered 
as a symbol of the dedication (Pollux, /. c). On 
the wedding day itself, bride and bridegroom 
bathed in water drawn from a particular foun- 
tain of running water : at Athens this was the 
fountain CaliirrhoS, also cnlled iwytdxpovrot 
(Thucyd. ii. 15). The water from this fountain 
was carried either by a boy (Harpocration) or n 
girl (Pollux, iii. 43); from which custom was 
jirobably derived that other custom of placing 
over the tombs of those who died unmarried 
the image of a girl carrying water (Dem. c. 
Leoch. pp. 1086, 1089). Sometimes the pitchei 
of water alone wns carved (Kustath. ad Iliad. 
xxiii. 141). I^te in the evening of the wedding 
dny, the bridegroom fetched his bride from her 
jmronts* house, on a car (JkiAo^a) drawn by 
horses, mules, or oxen; on either side of her 
sat the bridegroom nnd his '^ best man " (irap<i- 
vvfi^os or irdpoxofj Arist. Av. 1735). In front 
of the car went the torch-bearing procession 
{9§its WfA^tKoi), the nuptial torch having 
been lit by the mother of the bride (Eurip. Iph, 
in Aui, 732) or of the bridegroom (Eurip. Med. 
1027 ; Phoeniss, 344) ; bride and bridegroom 
were crowned with chaplets, and clothed in 
festal attire, as also were the attendants, the 
bride being covered with a long veil ; congratu- 
lations were poured out by relations, friends, 
and well-wishers, and the cry **tfi^v *Tfi4yai* & re- 
sounded to the sweet playing of flutes (Aristoph. 
PaXf 1316-1356; Hom. //. xviii. 490, Odyss. vi. 
27 ; Plut. Amat, 26 ; Harpocration). On their 
reaching the bridegroom's houKC, a peculiar 
custom prevailed in Boeotia: the axle of the 
car was burnt, to symbolise the irreversible step 
taken. Yet be it observed, that the bride- 
groom who had been married before could not 
bring his bride home in this exultant way ; n 
friend {wfi^ay^^s) in that case brought the 
bride to him from her house. At the entrance 
to the bridegroom's house, sweetmeats (icora* 
X&<rfMra) were ix>ured upon the wedded pair 
(Schol. ad Arist. Plut. 768) : the doors of the 
house were covered with garlands, as were those 
of the bride's house. Then followed the 
wedding- feast (Bolrti yofuidi), usually in the 
honte of the bridegroom,— one of the most im* 



MATBDiONIUM 

portant parts of the entire ceremonial ; for the 
guests were in fact witnesses to the marriage, 
and their testimony was the final and single 
proof that it had taken place, since documentary 
evidence was not looked for or provided (Dem. 
c. Onet. p. 869, § 20; Athen. v. p. 185 a> At 
the wedding-feast women were allowed to be 
present, though at different tables from the 
men (Lucian, Canviv. 8 ; Athen. xir. p. 644 a ; 
Eurip. Iph. in Aid. 722). Sesamenxkes, if m- 
bolical of a fertile marriage, formed a part of 
the feast (Schol. ad Arist. Pax^ 869). At the 
conclusion of the feast, the bride was oondacteJ 
veiled into the bridal chamber ; the bridegroom 
closed the door; and a law of Solon enjoined, 
that the bride and bridegroom should eat i 
quince together, to symbolise the sweetness 
of their conversation (Pint. Sohn, 20> The 
epithalamium was then sung before the door of 
the bridal chamber by a chorus of maidens, 
and the song was accompanied with dancing 
(Theocr. Idyll, xviii.). But the Scholiast od 
this passage tells us that some epithalamii 
were sung in the early morning to wake the 
wedded piir, the two kinds being called aora- 
KoifiyiTuck and 9ntytpTiKit respectively. 

On the day after the marriage (accordinif 
to Harpocration) the bride for the first time 
showed herself without a veil, and the gifts 
which she on that day received from her rela- 
tives were thence called iycucaAvrr^^ta or 
^VT^pio. Hesychius, however, says that these 
presents were made not on the second but on 
the third day; and ^his may be correct: for 
Pollux (iii. 39) mentions that the gifts made 
on the day after the mnrriage were called kntv- 
Xia, and that among them was a garmeot 
{iLTOvKianipla) presented by the bride to the 
bridegroom, who on the succeeding night did 
not sleep with his bride, but in his father-in- 
law's house, the bride being unveiled, and the 
&yaicaAvm(pia presented the day after. 

An offering to Aphrodite was made by the 
wedded pair, either on the wedding-day (Plat. 
Amator. 26) or on the day after (Aeschin. Ep. 
10, p. 681). Another ceremony observed after 
marriage was the sacrifice which the husband 
offered up on the occasion of his bride being 
registered among his own phrateres (Dem. c. 
Kubul. pp. 1312, § 54, 1320, § 84 ; Isaens, di 
Pyrrh. hered. § 45). 

Marriages generally took place in the winter 
(Arist. /o/iY. vii. 16); and the month Ga- 
melion (our Janunry) derived its name fro"^ 
the favour in which it was held for this 
purpose. The fourth day of the month, *- 
cording to Hesiod {Op. 800), was the most 
favourable day ; and as in a lunar month this 
would be the day on which the first crescent 
of the new moon ap{)eared, the interpretation 
of Proclus seems correct, that the day when ron 
and moon met in the same quarter of the 
heavens was the day when roan and woman 
might best meet in wedlock. Pindar, howerer 
(lathm. vii. 44), and Euripides {Iph. i» ^w* 
717) prefer the full mooa 

After marriage the wife lived with the other 
female inmates of the house in the yviwcmff^^^* 
or women's apartments : in a large house these 
would be a separate building, connected by n 
passage with the men's rooms ; but in the little 
house mentioned in Lysiaa (de coed, Snu^ottk. 



HATRIMOKIUM 



MATBIMOKIUM 



137 



p. 92) the women*a rooms were on the npper 

ti -4r, tilt men'i rooms below : for the convenienco 

ixA safetj of the wife, however, the two set« 

tencba^ed, lod the husband lived upstairs. 

Tiw wife then bad the superintendence of the 

totin hoiuehold : she had charge of the ednca- 

t:aa of the bojs till they were put under a 

Qft»ter, of the girls till they were married ; she 

btdcd the ack, whether free or slaref the 

titd)«Q, the famiture, the stom, came under 

aer ; aad last, not least, the roAciiria ^pya (Xen. 

VrcoL viL 6), all that related to the spinning 

is«i vetnag of wool, and the making of clothes 

—i*'T it mast be remembered that the clothes of 

u aadcDt honsehold were mostly made within 

t^ hoBse itself. If the establishment were a 

l^r^ ooe, the wife would have a housekeeper 

(rofus) io assist her. If the husband were alone, 

tk« vi/e would dine with him, and familiar 

jriing would pass between them (Lysias, /. c), 

(■r perhaps even serious conversation on the 

•fct&gs of the Assembly (Dem. c. Neaera, p. 1382, 

§ U2); but if the husband had other male 

friends with him, it was thought indecorous for 

tJi« wife to appear. 

It will be seen that the wife had no lack of 
inxm^ bat they were duties that would naturally 
lur felt to be monotonous ; and it is curious to iind 
!JU religions exercises were then, as in later 
times, ooe of the chief resources to which she 
't«Mk henelfl Thus the husband in Menander's 
Miiogifnist (fragm. 3 and 4) complains : 

iwirpifiowtv i^mav ot 0eo4 
^ikt^ra rvu% yqyMiTac ' acl ydp nva 
«y«ir cojprnf y wr* wayKn ' 

Wbt amount of liberty had the wife? The 

ycBvg maiden had practically none; hxypolffi 

nfiamai ^poupovvrai Kdk&s, says Euripides of 

tftcD (/pA. m Aul. 738). But the wives were 

<« s somewhat different footing ; and the ques- 

tKB divides itself into two parts : Whom might 

tstj cooverse with? and. Where might they 

f >? The clearest answer to the first of these 

^3e$tioas is supplied by Euripides, Iph. in Aid. 

MMi52. In that scene Clytemnestra meets 

ActtUes, having been informed that her daughter, 

Ipfcil^eua, was about to be married to that hero ; 

ud Uumgh she had never met him before, treats 

.•iiia familiarly on the ground of that supposed 

(•'UexioD, and offers to greet him by clasping 

.ybaad. Achillea^ however, knowing nothing 

< i m snch alliance (which was a fiction imposed 

('3 Clytemnestra by Agamemnon), declares that 

U. is ashamed to converse with a woman, tries 

t" get away, and rejects her proffered hand. An 

'^xpUfiation then takes place, and Clytemnestra, 

H^ite overcome, declares that now for her part 

*^« i^ ashamed to look at him. This passage 

)ry^t& dearly, that a woman might in the time 

^ cormtry of Euripides hold familiar con* 

^^mtioo with any near male relative, but not 

vith SDV other male person. A similar con- 

'<':itoQ on the positive side appears to be 

^'^Tscible from Dem. c. Spud. p. 10 J3, § 17, 

*arre we find Spudias commissioning his wife 

^ fcpre^nt him on the occasion of her father 

■««g his will, when clearly other male re- 

*tTts were present ; a commission which, 

'* ^j be remarked in passing, shows that 

'^ Athenian woman might and probably 

*9qU be able to read and write, and was 



sometimes by no means incapable in business 
matters. 

But how far had an Athenian matron freedom 
of locomotion — how far might she go out of 
doors ? This is by no means so simple a question 
as the former. Nevertheless, as far as the latter 
period of the Athenian commonwealth, and as 
far as the city of Athens, are concerned, a very 
clear and exact answer seems to be given by 
Hypereides (ap. Stob. Ixxiv. 33): ^The woman 
who goes out of her own house ought to be in 
that time of life when the men who meet her 
will asic, not, Whose wife is she ? but, Whose 
mother is she ? " We may fairly suppose then 
that a woman of fifty (or perhaps one still 
younger) might without censure walk about 
Athens in the middle of the 4th century B.a, 
provided she were accompanied by an at- 
tendant. This would apply to women in 
the highest rank (though these, it is likely, 
would not wish to leave their homes much) ; in 
lower ranks there would be greater freedom, 
and really poor women, as Aristotle expressly 
tells us {Pol, iv. 15, vi. 8), were obliged to go 
out to purchase necessaries. Thus, too, we 
find citizen women selling in the market {e.g, 
Aristoph. Thesmoph, 448), and in Dem. c. JBubul. 
p. 1308, § 30, a law is referred to which made 
it an off*ence to reproach them for so doing. 
There is, however, some reason to think that 
this law was annul le4 or forgotten after warda ; 
for in [Dem.] c. Neaera, p. 1367, § 67, another 
law is quoted which certainly casts a slur on 
such occupation. On the whole, the passages 
bearing on the question do not favour the idea 
that Athenian wives acquired greater liberty as 
time went on. Solon, it should be observed, laid 
down a law that a woman must not go out at 
night except in a vehicle and with a lantern m 
front of her (Plut. Solon, 21), from which we 
gather that a woman might go out at night 
under these conditions, and might sometimes go 
out in the day-time without complying with 
these conditions. This gives a very different 
idea of the liberty of women from that implied 
in the well-known passage of the orator Lycurgns 
(c. Leocrat § 40), in which, after the defeat at 
Chaeronea, the Athenian women ai-e described 
as cowering in a panic at their house-doors, 
inquiring after the safety of those dear to them, 
*< being gazed upon in a manner unworthy of 
themselves and of the city." It is true, how- 
ever, that the comparative smallness of Athens 
in the time of Solon may have made it less 
dangerous for a woman to be seen in the public 
ways then. It may be inferred from some ex > 
pressions in Xenophon's (^ecofiomictis, that women 
enjoyed more liberty in the country than in the 
town, as would indeed be expected. When in 
Athens, they would leave their houses to join in 
processions at the festivals, and also to witness 
the tragedies at the theatres (see the evidence on 
this point in the excursus on theatre-goiqg in 
Becker's Charikka) ; on other occasions seldom, 
except for causes of real necessity. And in a 
similar way, for a man to intrude into the 711^04- 
Kwirit was a very unseemly act (Lysias, c. 
Simon. § 6) ; nay, a friend of the family might 
not enter the house in the abij^nce of its 
master, even for the sake of helping the faiiiily 
against assailants (Dem. c. Euerg. p. 1157, 
§ 60). Numerous other passages might be 



138 



MATBIMONIUH 



BfATBIMOKIUK 



quoted bearing on this qaettion, but these will 
be sufBcient. [See also Gymaeoonoml] The 
8ubject« of diTorce and adultery are treated 
under the articles Diyortium, Adulterium. 

Athenian law did not concern itself, as tar as 
we know, about the marriage of the ftiroucoi 
(resident aliens). Slaves, of course, were in- 
capable of marriage ; but we find the author of 
the OeamomicuSf attributed to Aristotle (t> 5), 
recommending that they should be allowed to 
beget children, as they will thus be more faith- 
ful to their masters. It is then to be inferred 
that they would be allowed geneimlly to retain 
their children as their own. 

Besides the works of Bachofen and McLennan, 
referred to in an early part of this article, the 
following works may be referred to on the sub- 
ject treated of: — Miiller's DorianSt for the 
Spartan customs. Becker-GtfU, Charikles, iii. 
pp. 308 fT. (the excursus on the Women contains 
more general information on the subject than 
any other modern work). Van den £s (dc Jvrt 
Familiarum apud Athenienaea, 1864) ; the fullest 
book on the law of the subject. For the philo*' 
sophy, Newman's Aristotle, yoI. i« pp. 168-198 
(Oxford^ 1887). For the Homeric period, Lenz's 
Oeschiekte der Weiber im heroiacken Zeitalter, 
may be consulted. Mahafi^ {Social Life in 
OrieoCf pp. 170-194) has some interesting re- 
marks on the relation of the poets to the ques- 
tion, esp<u:ially as regards Euripides. [J. R. M.] 

II. Roman. Marriage, an institution regu* 
lated oy law^ but to a great extent beyond the 
domain. of law, was among the Romans a com- 
plete union for life between a man and one 
woman, an intercommunion of sacred and human 
law (Dig. 23, 2, 1), which had for its main 
object the procreation of children (libenim quae^ 
sunditm gratia). To marry and beset children, 
who could keep up the sacra fiuniTiariOf was a 
religious duty of a Roman (Fustel de Coulanges,- 
La Cite Antique, pp. 41-54), and also a duty to 
the commonwealth. [Lex Julia et Papia 

POPPAEA.] 

On account of its religious and social import- 
ance, marriage was attended with many rites 
and observances, which were not necessary for 
its legal formation. In the first part of this 
article it is proposed to confine the reader's 
attention for the most part to the legal a^ct 
of marriage as regards its formation and con- 
sequences, and in the latter part to describe the 
nature of marriage rites and observances. 

The only marriage recognised in early Roman 
law was that which was oonformable to the Jus 
Civile, and which was called Justae Nuptiae, in 
later times also Justum Matrimonium. ((Jlpian, 
V. 1, 2.) To this marrisge of Jus Civile the 
matrimonium juris gentium, or marriage accord- 
ing to gentile law, came to be opposed (Gains, 
i. 87). The word mafrimoniuiii seems to have 
been used originally to signify a marriage which 
was not a civil marriage, the child of such mar- 
riage following the condition of his mother 
instead of that of bis father, as would have been 
the case if he had been bom from justae nuptiae, 

A Roman civil marriage was either cum con- 
venOone wroris in manum viri, or it was sine in 
manum oonverttione ((Jlpian, xxvi. 7). The mar- 
riage cttin conventione in manum differed from 
that fiine contentione, in the effect which it had 
on the condition of the wife. 



By the marriage cum conventions, the wife 
came into the power (manus) of her husbaml, or, 
if he were a filiusfamilias, of his paterfismilias : 
leaving her own familia, she passed into the 
famiha of her husband, and was to him in the 
relation of a filiafamilias (Cic. Tup. 3, 14 ; *' filia« 
loco est," Gains, ii. 159). In marriage sine 



ventione the wife did not pass into the power of 
her husband; she was, as it were, a stranger 
(extranea) in his household, her relation to her 
own family remaining as before the marriage ; 
she did not share in the familiaria sacra of her 
husband, and was no civil relation to her own 
children. 

A marriage cum conventione was a na ceaaa r y 
condition to make a woman a mater&milins m 
the strict sense of the word. In the mai'rimge 
sine conventione the wife was merely uxor ; that 
is, a wife and nothing more. Thns Cicero (/. c.) 
says : *' Uxor is a genus of whieh there are two 
species (*duae formae,' Quintil. x. 62): c»ne is 
mater&milias, * quae in manum convenit ; ' the 
other is uxor only." 

The term ** materfamilias " would only be ap- 
plicable to a woman ^' quae in manum coarenit," 
when her husband wa-s sui juris, not if he were 
a filiusfamilias. Gellius (xviii. 6) also states 
that the abore was the old meaning of mater- 
fttmilias. Matrona was properly a wife not im, 
manu, and eqniralent to Cicero's tantununodo 
uxor (Gellius, xviik 6, 8). But these words are 
not al wavs used in their original and proper mean- 
ings (cf.'yoigt, XIL Tafeln, ii. § 158, n. 4). A^ 
an uxor sine conventione was not a member of a 
patriarchal family, but a stranger in her husband's 
household, it seems probable that in the moat 
ancient Roman fiimily law such a wife was not 
recognised, and that mfiKus was a necenary con- 
sequence of marriage ; from an early time, how- 
ever, jusiae nupUae could exist without manus 
being attached to them, aid this freer kind of 
marriage being preferred by women and their 
families gradually supplanted marrisge with 
numtts, ami came into general use. In the time 
of Gaius marital manus, li^hich had long ceased 
to be common, was almost obsolete, and soon 
<afterw^s it altogether disappeared from the 
law. 

A Roman civil marriage may be viewed, first, 
with reference to the capacity for entering into 
it; secondly, with reference to the mode in 
which it was contracted ; thirdly, with reference 
to its legal consequences. 

The right of entering into a valid drtl mar- 
riage, uxoris jure ducendae facultas (UIp. Frafj. 
5, 3), is called the Jos Conubii. The Jus Cottjnbii 
belonged only to Roman citizens ; the cases in 
which it at any time existed between parties 
not both Roman citizens, were exceptions to the 
general rule. '< Roman men citizens," says 
Ulpian {Fi'agm. 5, 4, 1 1), ** have oonubmns with 
Roman women citizens (Roroanae cires), but 
with Latinae and Peregrinae only in those cases 
where it has been permitted. With slaves there 
is no conubhun." 

Originally there was no conubium between the 
pntricians and plebeians, and it is a qnestion 
whether previous to the Servian reforms ple- 
beians could enter into justne nuptiae among 
themselves, since they first became cives under 
the Servian constitution (cf. Li v. iv. 2Xand civitas 
was a condition of justae nuptiae. But though 



HATBDfONIUM 



MATRDfONIUtf 



139 



befere thii elia]^ pfttriciins niny not' faaro re^ 
cognistA pkbeian marriage by purchase as being 
<A the same footiog with their own marriage by 
caa&matioo, narriage bad long been established 
bf the piebeiana, and had been a means of ac- 
qoiring patria jxiestas. 

Bf the Lex Canuleia, conabtiim between the 
patricians and plebeians was declared. A female 
geatilis cunid not, as a rule, marry anyone out- 
wk her gens — scmipCiio ^eniis — ^by which the 
nnmber of gentiles would be diminuAied, unless 
vith the eonsent of the gens. <Mommsen, Mm. 
Fenck i. p. 10: see Muirhead, Boman Law^ 
iiL SS, n. 3.) 

Tbe division of the inhabitants of the Roman 
enpiTe into CiTea, Latini, and Peregrini, which 
existed in the time of the classical jurists, 
thoogh without any ethnological significance, 
aad the mle, which was subject to rarious 
«xo«ptioBi, that pistae nuptiae could only be 
coatrtcted between cires, made the law of 
ftatn, as it is described by Oaios and Ulpian, 
extremely compUcated. We may see by a com- 
parison of the first book of Oalus with Justinian's 
lutitotcs how much the liberal extension of 
ckitat in the InierTal between thcM works sim* 
plified the law. 

Tbe Lex Julia et Papia Poppaea placed oortain 
restrictions on marriage as to the parties be- 
tveeo whom it could tilce place. [Lez Julia et 
Para Pijtpabjl; Ikpamta.] Thus certain 
iBarriagcs were prohibited on account of dis- 
pvsgement, as marriages between a senator and 
freedvoraen (Dig. 23, 2, 31). The lex allowed 
frsebon persons (ingemii) to marry freedwoinen 
(/AerfuKw) (Dig. 23, 2, 23). Persons within 
certam prohibited degiees of relationship coald 
sot iatermarry. A union of persons within the 
prohibited degrees was an incestuous one. Re* 
Utions who had the /us oscu/t, or right of kiss 
vith one another, could not marry one another. 
(Klenze, Dm Famiiienrieht der Cogmkn md 
Afiatn naeh B&m. «. verwandUn iStfcAtm, p. 16. 
See Mairbead, Boman Law, iii. p. 26.) 

h early times there eould be no marriage 

between cognates within the serenth degree, 

bat subsequently the prohibited circle was made 

!«■ wide. There could be no marriage between 

sittBdants and descendants, whether the rela- 

tiM wss natural or by adoption; and a man 

cMld aot marry an adopted daughter or grsnd* 

<!safhter, eren after he had emancipated her. 

Broiben and sister^ whether of the whole or 

btif Mood, oAuki not marry, but a man might 

Bury a sister by adoption after her emancipa- 

tioa, or after his own emancipation. It' became 

t«gal to marry a brother's daughter after 

fUudius had set the example by msrrying 

Afrifpiaa; but the mle was not carried fniiher 

t^ the example, and in the time of Gains it 

msaimd nnlawful for a man to marry his sister's 

^•?bter (Gains, i. 62 ; Tse. Ann. xit. 5; 8ueton. 

^^nd, 26). Constantine prohibit^ a marriage 

^veen a man and his brother's daughter. 

livris^ between first cousins were recognised, 

^ (Hpiaa (y. 6) say^ that at one time the 

ivpcdinient to marriage between collaterals 

"Bocbed the fourth degree— that is, 6rst eodsins 

"^ it had receded to the third. 

The marriage of Domltius, afterwards the 
Emperor Nero, with Octaria, the daughter of 
Clsu^ioi, seems at first sight som«v*lmt irre- 



uv, 



gular. Nero was adopted by Claudius by a Lex 
Curiata (Tac. Arm, xii. 26), but he was ah^ady 
his son-in-law ; at least the fiict of his being so 
is mentioned before the adoption (Tac. Ann, 
xii. 9). There seems to be no rule of law which 
would prevent a man from adopting his son-in- 
law ; though if the adoption took place before 
and existed at the time of marriage, the marriage 
would l>e illegal, as stated by Gains. There 
was also no right of intermarriage between 
persons within certain relations of affinity, as 
between a man and his soertis, mirvs, priviffna, 
and fioosTM. [Affikitab.] 

When matrUige was dissolved^ the parties to 
it might marry again, but public opinion made 
it improper ror a woman to marry agsin, a 
second marriage being regarded as showing a 
want of jmdieitia, (Fest. 242, 31 ; Ltr. x. 23, 
5, 9 ; Val. Max. ii. 1, 3; Quint. 2M. 306.) A \^ 
woman was required by religions uaage to Wait 
ten months, and subsequently a year, which was 
her period of mourning, before she contracted a 
second marriage; otherwise she in^utred a reli- 
gions penalty and also infamia. 

There were some absolute impediments to 
marriage. Thus, as the procreation of children 
was a main object of marriage, physical in- 
capacity prevented a person from contracting a 
ralid ttiarriage. Hence impuberes and persons 
who had certain bodily imperfections, as eunuchs 
and others, who from any cause could never 
attain to puberty, could not marry. But the 
law did not inquire whether persons were past 
the age of begetting or bearing children : per- 
sons of any age tbdre puberty might marry, 
though if they had reached a certain age they 
did not by their marriage escape the disabilities 
of the Lex Julia et Papia Poppaea. (dip. 
Fragm, xvi. 4.) Insanity was a bar to mar- 
riage. 

Betrothal (sponacdia) was the proper and 
usual preliminary of marriage, though it was 
not legally necessary. *' Sponsalia," according 
to Florentinus (Dig. 23, 1, 1) ** sunt mentio et 
repromissio nuptiarum futurarum." In spoii- 
so/m a "maiden was promised in 9olemn form to 
a man as his bride. Such promise was not made 
by the maiden herself, but by her paterfamilias, , 
or if she 'was not under patrids paUstaa by her 
tutor, who were said spandere, the betrothed 
becoming Bponaa (Plant. Avl. ii. 2, 79 f. ; Pom, 
V. 3, 38 ; Ter. And, i. 1, 72 f. ; Liv. xxxviii. 57, 
6: cf. Voigt, Xir. Tafeln, ii. 682); the pro- 
mise was accepted by the man, or by his pater- 
familias if he were under potcataSj who in so 
doing were said deapondere, according to the 
strict sense of this word. (Donat. in Ter. 
And, V. 6, 16 ; Serv. in Aen, x. 79 : cf. 
Voigt mtp.") It is to be noticed that there 
was no reciprocal promise on the part of the 
man to the person who promised the bride, as 
there seems to have been according to Latin 
custom. Gellins has preserved (iv. 4) an ex- 
tract from the work of Servins Snlpicius Rufus 
ds Dotibus, which defines the Latin as distin^ 
guished from the Roman custom on this subject. 
(Compare Varro, L. L. vi. 70.) In that part of 
Italy called Latinm BponseUia, according to 
Servins, was a contract by atipuiathwi and 
aponaioneif the former on the part of the fntnre 
husband, the latter on the part of him who gave 
the woman in marriage. The woman who was 



140 



MATRIMONIUM 



MATBIMONIUM 



promised in marriage was accordingly called 
sponsOy which is equivalent to pronUssa ; the 
man who engaged to marry was called sponsus. 
The sponaalia then was an agreement to 
marry, made in such form as to give each party 
a right of action in case of non-performance, 
and the offending party was condemned in such 
damages as to the judex seemed just. This 
was the law (jus) of tponaaiia, adds Servius, to 
the time when the Lex Julia gave the cirritas to 
all Latium. 

But according to Roman usage, corresponding 
in this respect to Greek, the sponsaliui consisted 
simply in a unilateral promise on the side of 
the woman, and did not create any legal obliga- 
tion, neither party to the aponsalia having a 
right of action in the event of a refusal to 
marry. It was always possible for the person 
who had entered into the sponsio on account of 
the maiden to renounce it — repudium renuntiare, 
renvMtiare (Plant. Artl. iv. 10, 53, 69; Ter. 
Fhorm. iv. 3, 72 ; Dig. 23, 1, 10). The re- 
nunciation was generally made by means of a 
nuntha (Brisson, de o. s. nuntius). If a man 
made a gift to his betrothed with a view to 
future marriage (propter nupHcu donatio), and 
he broke off the match, he lost the right of 
recovering what he had given (Cod. 5, 3, 15). 
If a person entered into double apcnaalia at the 
same time, he was liable to infamia. [Infamia.] 
Persons might be betrothed who were below the 
age of puberty, if they were not under seven 
years of age. By a regulation of Augustus, 
comprised in the Lex Julia et Papia, it was 
declared that no sponsalia should be valid if the 
marriage did not follow within two years, but 
this rule was subject to various exceptions. 
(Sueton. Aug, 34 ; Dio Cass. liv. 16, and the 
note of Reimarus; Gains, Dig. 23, 1, 17.) 

Voigt suggests the following as the form of 
the tponsalia : — ** Spondesne Gaiam tuam filiam 
(or, if she were pupilla), Gaii, Lncii filiam filio 
meo, (or) mihi, uxorem dari ? 

" Dii bene vortant ! Spondeo. 

** Dii bene vortant." 

Marriage carried into effect the object of be- 
trothal. The essence of marriage was consent, 
and the consent, says Ulpian, ** both of those 
who come together and of those in whose power 
they are"; and *' marriage is not effected by 
sexual union, but by consent." The consent of 
the man and woman was necessary, and was com- 
monly shown at the time of the marriage by 
the acts of the parties, as by dextrarum junctio, 
and in later times by the aubsignatio tabularum, 
but the subject members of a family were bound 
to marry at the bidding (jussui) of their pater- 
familias ^Gell. ii. 7, 18), and without his consent 
they could not marry. Thus a filiusfamilias 
was given a wife by his paterfamilias (aliquam 
fiiio uxorem dare : cf. Ter. PKonn, v. 8, 32 f. ; Liv. 
xlii. 24, 3), and a bride was given in marriage 
by her paterfamilias, or if not m patria potes- 
tote she may possibly have been given away at 
one time by her agnatic tutor, but in later 
times persons eui juriSj women as well as men, 
married of their own accord. If a paterfamilias 
refused his consent to the marriage of those 
subject to him without proper ground, he might 
be compelled to allow their marriage by order 
of a magistrate. 

The marriage cum oonventione m manwn 



differed from that sine oonveiUionej in that the 
ordinary mode of entering into it was formal, 
wheraas marriage without mqnus only required 
consent, however informally. expressed. 

A marriage cum oonventione might be effected 
by confarreaiio, ooemptio^ or usus, Confarreatio 
was a form of marriage peculiar to the patri- 
cians, while ooemptio seems to have been ori- 
ginally confined to the plebeians; but when 
oonubium was extended to the plebeians, co- 
emptio became a common form of intermarriage 
between the two orders. Confarreatio or 
farreum was a religious form of marriage, 
which principally consisted in an offering, with 
solemn words, of panie farreue to Jupiter 
Farreus, in the presence of ten witnesses, the 
Pontlfex Maximus and Flamen Dialis taking 
part in the ceremony. Its formalities are de- 
scribed in the latter part of this article. (Gains, 
i. 112; Ulp. ix. 1.) The form seems to have 
been in use among other Latin races. 

Patrician women were unwilling to marry in 
this way, because its effect was to give their 
husbands manua over them, and hence this form 
of marriage fell into disuse. It was necessary, 
however, to maintain it to some extent, becan&e 
certain priestly offices, viz. those of flamines 
majores and reges sacrorum, could only be held 
by those who were bom of parents who had 
been married by this ceremony (confarreati 
parenies), and the holders of these offices had 
themselves to be married by confarreatio (Gaius, 
i. 112). In order to induce persons to enter 
into confarreate marriages, so that these ' 
priestly offices might be filled up, a change in 
the law was instituted by Augustas, and folly 
carried out by Tiberius, to the effect that maiws 
should no longer be a consequence of con- 
farreatio except quoad sacrcL (Gaius, i. 136 ; see 
note in Muirhead's ed. Tac. Ann. iv. 16; Saet. 
Aug, 31.) Gaius informs us that this form of 
marriage was in use in his time, as required for 
the above religious offices. 

Coemptio was a form of mancipation (monci- 
pium) or conveyance by fictitious sale ; and wss 
probably a survival of the early form of 
marriage by sale or purchase (McLennan, Prsnu- 
tive Marriage; Rossbach, Ehe, p. 198> The 
woman was mancipated in marriage to the man 
by her paterfamilias, or, if she were a filia- 
familias, possibly by her tutor. According to 
some ancient authorities, there was not only a 
mancipation of the woman to the man in a 
coemptio^ but also a mancipation of the man to 
the woman (Servius m Aen. iv. 103, in Gtorg. i. 
31 ; Boethius, in Cic. Top. ii. 3, 14 ; Isid. Or. v. 
24, 26 : cf. Muirhead, Roman Lawy Appendix B); 
and accordingly several modern writers of 
repute maintain that there must have been 
such a double mancipation. It is objected to 
this view of the nature of ooemptio^ thsfc it 
supposes a person could mancipate himself to 
another, whereas it is dear from the nature of 
mandpiumj and especially from the descriptioo 
given of it by Gaius, that besides the object of 
sale a vendor (poemptionaior) and a purchaser 
were necessary as parties to the conveyance. 
Gaius in i. 113 says, '*emit is mulierem, cnjos 
in manum convenit," but there is no direct 1eg&^ 
authority in support of the view that there was 
a purchase of the man, though Boethius cite-^ 
Ulpian as 1/aving asserted it. It is also to to 



MATBOftONIUM 



MATBDfONIUM 



141 



noticed tliat the authorities for a double roanci- 
patioQ wrote long after ooemp^ had become 
i>b«olete. The ooemptio leenM to hare comprised, 
besides the mancipation, a reciprocal form of 
qnestioa and answer, in which the consent of 
the parties to the marriage was expressed. 
(Boeth. Mi Cic Top. 3, 14; Serr. tn Aen, ir. 
214 ; Isid. Or. t. 24, 26 : cf. Voigt, ZIL Tafein, 
§ 159, n. M.) The ooemplio was the only sur- 
Tiring way of acquiring fiumiis .over a wife 
when Gaina wrote ; but it had probably become 
obsolete in practice. Coemptio was either 
fftftriflMBwi eauua or fiducku causa. This latter 
kind of eoempiiOy which was the mancipation of 
a woman to a man not her husband, is con- 
sidered nnder Testauentum and Tutela. 
Matms could also be acquired according to the 
law of the Twelve Tables by tistu. If a woman 
Ured with a man continuously for a whole year 
»M his wife, ahe came m mantan viri by rirtue of 
this matrimonial cohabitaUon, just as ownership 
of a morable thing was acquired by a year*s 
poosession [Usucapio]. The law of the Twelve 
Tabke prowided that a woman should not come 
into the mamu of her husband in this manner, 
if ihe absented herself from him annually for 
three nights (Mnodimn), and so interrupted the 
period of una (Gellins, iii. 2; Gaius, i. 111). 
Married women generally availed themselves of 
this means of escaping moniis, and after a time 
ttns fell into desuetude (Gains, i. 111). It was 
cb^ete when Gaius wrote. 

It is probable that in tbe time of Cicero mar- 
riage without the tnamu had become the usual 
msnisge of Roman law. No forms were requi- 
site in marriage : the consent of two persons 
capable of marrying to live together matrmumii 
cautOj i.e. as husband and wife, being alone sutfi- 
^'ient to constitute marriage, cohabitation was 
cot necessary to complete it, but the best evi- 
licAce of marriage was cohabitation matrimonii 
unuo. The fact that the parties had cohabited 
with afecHo maritalis, or as husband and wife, 
aad not with the intention of Hring in concu' 
haatutj which was a union recognised to some 
txtent by the law, might be proved by various 
kisds of evidence, e^. by production of the 
<iotal instruments, commonly executed at the 
time of marriage [Dos]. But though consent 
VIS the only condition required for marriage, 
tone act of person:il union between the parties 
was necessary for the expression of such con- 
Mrt, or, in other words, marriage could not be 
«tttereJ into simply by letter or by means of a 
iDcasenger (muUiua). 

The bringing of the bride (uxorem duoere, 
TswucB Hyw) from her &therV house to her 
bosbsad's house (in domum deduetio) was cus- 
tMBsry among the Romans, as among the Greeks 
sad otiMrs : if this was done, it was sufficient 
to coMtitnte marriage, although the bride- 
freom might be absent. Thus, according to 
{*<HDpoDius in Dig. 23, 2, 5, a woman might 
nsrry a man, who was absent, by letter or 
tkfOQgh a messenger, if she was brought to his 
^oeae (is dammn sfiis dlffiticerefw), but a roan 
cssld not marry an absent woman in a corre- 
>poading way, because it was not required by 
«»tom to bring the man to the house of the 
voosA— ** deductione enim opus esse in mariti, 
DOS ia vxoris domum, quasi in domicilium matri- 
A marriage required consent for its 



continuance as well as for its formation, and so 
might be pot an end to at any time by the 
renunciation (repwditan) of either party. [Di- 

VORTIUM.] 

As regards the consequences of marriage, 
the position of a wife married cum oonventione 
differed materially from that of one married 
sme conventione. In the first kind of marriage, 
as already observed, the wife ceased to belong to 
her family [Caput, Vol. I. p. 360 6], and 
became a subject member of her husband's 
family, being in the position of a daughter to 
her husband; or if her husband was in the 
power of his father, she became to her husband's 
father in the relation of a granddaughter. All 
her property passed to her husband or to his 
father by a universal succession (Gaius, ii. 96, 
98); and whatever she acquired during the 
marriage, she acquired for the person into 
whose monus she had come. The succession did 
not carry with it any liability for the ante- 
nuptial debts of the wife, and the wife herself 
could not be sued on them, according to civil 
law, but the praetor gave the creditors rights 
of action against her, and ordered execution 
against the property acquired by the succession, 
putting the creditors into possession of it 
(Gaius, iii. 84 ; iv. 38, 80> 

Jfantis, though a consequence of certain v.^*. ^ 
modes of marriage, belonged to its acquirer as ''^'^ 

paterfamilias and not as husband. But though 
the conceptions of mantu and of marriage are 
distinct, mcntus could not, it seems, be put an 
end to during marriage by emancipation. A 
husband might, however, put an end to his 
manus by a fiduciary coemption of his wife to 
some third person, in which case their marriage 
would continue as if it had been entered into 
sine oonventione. If a woman was married cum 
conventione to a filiusfamilias, and he was 
emancipated or given in adoption, she would 
remain subject to the manus of his father as 
before, and would not on the death of the latter 
come into the manus of her husband, since he 
would belong to a different familia. A woman 
married by ccnfarreatio could only be divorced 
by diffarreatiOy and this put an end to moniw as 
well as to marriage. A woman married by| 
coemptio might be divorced by simple renuncia-i 
tion, but the manus over her could only be put, 
an end to by a remancipation, which required ' 
the same formalities as the original coemption. 
Thus fiuifius might continue after marriage had 
come to an end. In the time of Gaius a woman ; 
was entitled to a remancipation and manumission 
if there had been a renunciation of the marriage 
(Gaius, i. 137). When marriage was without 
manus, as it came to be in all cases, a married 
woman enjoyed a remarkable degree of inde- 
pendence in respect of her husband. The 
woman remained a member of her own family, 
her legal status continuing as it was before ; if 
she was not in the power of her father, she was 
capable of acquiring and holding property, and 
of bringing actions as if she were a single 
woman ; she had for all purposes a legal 
personal existence independently of her husband, 
and consequently her property was distinct 
from his ; between husband and wife there was 
no community of property in Roman law. The 
husband acquired no right by marriage to the 
property of his wife: the dos which his wife 



142 



HATBIMONIDM 



MATBIMONIUM 



luiuilly brought to him he acquired not by act 
of law, but under the dotal instrument, and 
during the marriage he was sole owner of the 
doi. Under the edict of the praetor and 
imperial legislation husbands and wives had 
certain rights of inheritance to each other's 
property. The relations of husband and wife 
with respect to property belong to the heads of 

Dos, DOWATIO PBOFTER NUPl'IAS, DOHATIO 
IKTIiR YlBUX ET UXOREX, HEREB. 

A husband was bound to provide a mainte- 
nance for his wife. The husband might inflict 
slight chastisement on the wife for violating the 
respect (rev^rentid) which she owed him. Each 
party to a marriage had a right to the society 
of the other while the marriage continued. For 
the liabilities of either of the parties to the 
puDishmeots affixed to the violation of the 
marriage union, see AiNTLTfiBiuic and Djltob- 
Time. Justaa nuptiae had an important effect 
on the position of the children of the marriage, 
since only those who were bom from such 
marriage were does, and subject to the pcUria 
poUHaa. [CiviTAS; Patru. Potestas.] At 
Borne, the/iwtaff nnptiiae was originally the only 
marriage. But under the influence of the Jus 
Gentium, a cohabitation between Peregrini, or 
between Latini, or between Peregrini and 
Latini and Romani, which in its essentials was 
a marriage, a ooiMorUium omius mtae with the 
afftoUo maritalitj was recognised as such ; and, 
though such marriage had not all the effects oi 
jutkie nupUae^ it had its general effect in this, 
that the children of such marriage had a father, 
and so were legitimate. The wife of such a 
marriage could bring an action for the recovery 
of her dot (Cic. Top. 4, 20 ; Mnirhead, Homan 
Law, § 42) ; and she was liable on account ot 
adultery. In the system of Justinian, the dis- 
tinction between a civil and gentile marriage 
ceased to have any importance, on account of 
the division of free persons into Gives, Latini, 
and Peregrini having been abolished [Civitab]. 
(Dig. 23, 1, de SfWMolibiu; 23, 2, ds BUu 
Nupliarum ; — Gains, L 56-65 ; Inst. Just. 1, 10, 
de NuptiU; Cbd. 5, 4; Fr. Hotman, de RHu 
Nupt. et Jure Matrimon, i. 490 ff. ; A. Bossbach, 
VfUertuch. iiber die rdmische EKe; O. Karlowa, 
Die Formenderrdm, Ehe undManut; £. Htflder, 
Die rdn. Ehe; Yoigt, JIL Tafdn, ii. 321 ff., 
680 ff.) [E. A. W.] 

It remains to describe the actual ceremonies 
of Roman marriage : and it must be premised 
(1) that there was some difference according to 
the precise form of marriage adopted, though 
this distinction gradually disappeared (see 
above) ; (2) that, as was said above, the greater 
part of marriage formality was voluntary, and 
that then, as in our own day, there might be 
weddings of a far simpler character* When 
therefore the complete ceremony of the most 
elaborate kind is described, it must be under- 
stood that a great deal of it was often omitted, 
and the marriage rites narrowed to little 
beyond the deductio in domum» In the choice 
the wedding-day superstitioH played a large 
part. May (as by many even now) and the fint 
half of June were unlucky for marriages (Ov. 
Fast V. 487 ; vi. 225). The reason was that 
the month of May took its general character 
from the festivals of the Lemuria [Lbmuria], 
and also from the Argean offering : in the early 



I part of June came diee reUgioai connected with 
the worship of Vesta. Besides these periods, it 
was necessary to avoid the diee paretUale*^ Feb. 
13-21 (Ov. Fait ii. 555); the first half of 
March (Ov. FasL iii. 393) ; the three day* of 
the opening of the lower world (imnufecs patet^ 
viz. Aug. 24, Oct. 5, Nov. 8 ; and also the daya 
of Kalends, Ides, and Nones. 

At thersponso/ia (see above), besides the formal 
words of the parent or guardiau, ** Spondeane t 
spondeo" (PUut. A%d. ii. 2, 78), the hrld<«TO<mi 
gave the bride a present, as an earnest or pledge 
(arra, pi^nua^ Capitol. Maiim, jwt, L ; J a v. ▼!. 
27), which was often a ring (Plin. M, if. xxxiiL 
§ 12; Tertull. ApoL 6),plaoed on the fourth finger 
of the left hand (our '^ring finger "X wpiiich 
Gellius (z. 10) states to be connected by a nerve 
with the heart. 

On the day before the marriage the bride pat 
aside her toga praetexta (Propert. v. 11, 33X 
which, with other belongings of childhood, was 
laid before the Lares (Varro, ap. Non. p. 538), 
and put on the tunica rtctOy or regSIa (Feat. 
p. 286), which was woven in one piece in the 
old-fashioned way at the upright loom [Tkla]. 
(See also Bliimner, Tecknologiey i. p. 122.) The 
bride wore this dress also at the marriage, aod 
a flame-coloured veil {fiarnnysum^ Lucan. ii. 361 ; 
Plin. H, N. xxi. § 46), with which she waa aald 
nubere caput. The dress was fastened by a 
woollen girdle (dngulwn) in the iwles Mcrcu&me^ 
as to the significance of which there is some 
difference of opinion. It has been explained by 
some as intended to secure a fruitful nuirriaiire, 
because Hercules had many children (Ke^t. £p. 
p. 63) : Marquardt (JPrimUeben^ p. 44) and GtfU 
take it to be an amulet against the evil eye 
(Jaeciman). But may we not be nearer the 
truth in taking it to be the symbol of a stable 
marriage, and perhaps the original of the " irae 
lovers' knot"? Hercules (in his own naroe 
the god of the encloeed homestead) was un- 
doubtedly identified with the Sabine deity 
Semo Sancus (=I>ius FidiusX the protector of 
matrans in their married life, as well as the 
deity of good faith and stable treaties (ace 
Preller, Edn^ M^h, pp. 655 ff.). Pliny, on 
Varro's authority, tells us (ff. AT. viiL § 194) 
that the spindle and distaff of T«naqnil (or Gaia 
Caecilia), who was regarded as the ideal of a 
Roman wife, were kept in the temple of Semo 
Sancus, and the bridal dress {tunioa recta) is in 
the same passage traced back to her. From 
these considerations we may be justified in 
taking the '* Herculean knot " to have been so 
called because of an ancient belief that Herenlca 
(or Semo) was the guardian of the married lile. 
,The hair was arranged in six locks {seacrmes) 
parted by the point of a spear (hasta caeUbarie), 
and held in place by vittae qt bands (Feat. p. 62 ; 
Ov. Fast ii. 558). Hence the words crni«s and 
vitta are used by poets as a synonym for 
marriage. (Plaut. MofteiL i. 3, 69 ; Ma. Glor. 
iii. I, 195 ; Ov. Triet, ii. 252 ; Propert. v. 3, I^.) 
The custom of parting it with a spear is perhaps 
a relic of the old marriage by capture, and may 
convey the idea of the word ^opUi?vTOf . The 
bride had also a wreath of flowen and sacred 
herbs (verhenaey gathered by herself, and the 
bridegroom wore a similar wreath (Plot. Pomp. 
55). As an account of the dressing of the bride, 
the parage in GUadiaoy VI. Cwe. Ben. 523- 



MATfiDfONIUM 



MATBIMONIXJM 



143 



S38, b worth reidiag, as well as for its own 
oaerit. 

In tlie bouse of the bride, which was decked 
with garlands (Jut. ti. 227; Stat. Sih, i. 2, 
230% wen assembled the relations, friends, and 
dicots, as an cfiawn (Jnr. ii. 132> Then the 
oiseBS were taken and annoanoed by the auspices 
(Qc pro Cluemi. 4, 14 ; Jar. x. 836), with the 
sacrifice of a sheep (cf. Verg. Aen. iT.'56). It 
bad alwafs been the costom to begin the sacred 
ceroDooy o€c€m/amatio by consulting the omens, 
aed the practice probably was as a rule extended 
to all marriages (Qc de Die. i. 16, 28 ; Plant. 
Cos. FnL 85 ; Plin. J/. N. x. § 21). Valerias 
Ihximos (iL 1, 1) says that in his time thd 
taspioes formed in name part of the attendance, 
thmgli no auspicia kft marriage were taken any 
ioD^r. After these preliminaries, the omens 
Iwiiig fisYoanble, the marriage oeremonieffbegan* 
Thtj were in fonr main parts : (1) the contract ; 
(2) the giving away of the bride, with whatever 
acnd rites were osed; (3) the oondacting 
(ddaeiao) to her hnsbsnd's home (the only %n» 
^arUUe part); (4) her reception thert. First 
tke marriage tablets (tedndae nupHales or doiales) 
wen signed before witnesses (jngnatores'), though 
ike marriage was valid without this formality 
(Kt aboTB ; and Quintil. t. 11, 32). When the 
£rb q{ marriage called coemptio was adopted 
(vWa either or both were plebeians), the 
fiwmaltties of an imaginary sale were gone 
throogh before not less than five witnesses, 
tad a tiMpau (who held the scales at a sale) : 
' qacations and answers as to the willingness on 
both sides followed, and with that ended this 
distiactive part of the nupUae per ooempHonem ; 
the other eeremonies followed which were nsual 
is all marriages. On the legal significance and 
origin of the marriage by coemptio and its 
Sndaal disnse, see above. After the coetnptio, 
or, where that was not used, after the signing of 
tae iakdae mtpUaUs^ a married woman (who 
mist have been married only once, Serv. ad Aen. 
IT. 166) acting aa promi&a led the bride up to 
tbe faridegroom and joined their right hands. 
U items probable that there was always, some 
f«nnal expression of willingness to marry ; in the 
eld patrician rite of aonfarrea^ the set form of 
KsfKue from the bride was ^qnando tn Gai^s, 
^j^Gaia," which form of words was used also in 
tbeeaMptfio(Cic. pro Muren, 12, 27). When 
tbt rite 9i oonfarreatio was followed, the blood- 
less offering was made : a cake of spelt (farreuni 
liboa) was offered by the Pontifex Maximus 
aod tike Flames Dialis to Jupiter : ten wit4 
■«« were fmaeat (Gains, i. 109-112; Serv. 
^ Georg. L 31). Marqnardt thinks that this 
Itm of marriage was originally performed not 
ia the hoase of the bride's father, bat in the 
acellam of the Curia, and that the ten wit- 
Mws erigiaally represented the ten gentea of 
t^ Coria. This is a probable explanation of the 
asober ten, but as regards tbe place we lack 
vvidesos that the marriage was ever anywhere 
bit to the bride's home. There is no mention 
^ aaj passing from the house before the deductio 
^ W new fanne. With the offering to Jupiter, 
^ pnyer was recited by the Flamen, to Juno as 
^goddess of marriage, and the deities of the 
^«^ and ito fraits,-^Te]lus,^PScamnas, and 
Woamo, (cf. Verg. Aen. iv. 166, and Serv. 
*• he; Hon. p. $28). Daring this ceremony 



the bride and bridegroom sat together upon ^wo 
seats which were placed side by side and covered 
with the skin of the sheep sacrificed before for 
the auspices (Serv. ad Aen. iv. 374): they 
sat to the left of the altar in the Atrium and 
looked towards it : meanwhile a camSius, i.e. an 
attendant boy who was patriwus et matrmus 
[Camillus], held (perhaps) all that was it- 
quired by the priest for the offering in a 
covered basket called cumerus (Varr. L. L. vii. 
31 ; Fest. £p, p. 63). The latter authority has 
rather complicated the question by saying that 
the cumerus contained ^'nubentis utensilia," and 
what that means it is in^K>8sible to say : that 
the basket held materials for spinning, as Becker 
thinks, seems improbable. We may leave the 
matter with Yarro, who says that he does not 
know what the contents were. In Ovid, Fkst. 
ii. 650, the boy in an ordinary sacrifice holds a 
canistra with frvges for the moia salsa [Ca- 
iciLLUs]. The legal aspect of the canfarreath 
and its history is given in the first part of this 
article. Sir John Lubbock suggests that, the 
wedding-cake out by the bride is a survival of 
the farretan in this rite; but the .original for 
that will be found, if anywhere in the Roman 
matrimonium, in the mustaoeum. The rite of 
confarreaUo suggests rather the saorameutal 
new of marriage. 

In all that follows, marriages in general 
of all forms are described. The prayer where 
there was no oonfarreaHo (and therefore no 
Flamen Dialis) was pronounced by tbe auspex, 
and, according to Plutarch (Q. £. 2), was 
addressed to five deities, — Jupiter, Juno, Venus, 
Snadela, and Diana.' It would seem that, some- 
times at least, a victim was here offered (besides 
that offered for the auspicia) ; for Varro (i?. £. 
ii. 4, 9) speaks of a pig offered by the nemiy 
married pair, and Tac. Ann. xi. 27 seems to 
point the same way (cf. Sen. Oct. 700> There 
was next a formal congratulation from tbe 
wedding-guests in the word '* feliciter *' (which, 
if there was no sacred rite, came directly after 
the contract ; so Juv. ii. 119, " Signatae tabulae, 
dictum feliciter "). Then (as in Juv. /. c.) came 
the cena nuptialis, which was certainly, as a 
rule, given by the bride*s father, and therefore 
before the procession (Catull. 62, 3 ; Dio Cass. 
xlviiL 44 ; Capitol. Ant. Pius, 10 ; and, by impli- 
cation. Plant. Aid. ii. 4, 15). But, as in modern 
weddings, the place of the wedding-feast might 
be altered from considerations of space, economy, 
&c., and it seems sometimes to have been in the 
bridegroom's house (Cic. ad Q. ^. ii. 3, 7 ; Juv. 
vi. 2CK)). The wedding-cake (rmutaoeum\ which 
was made of meal steeped in must and placed 
on bay-leaves (Plin^ xv. § 127), was cut up and 
distributed- to the guests (Juv. /. c). After- 
wards came the procession (deductio)^ the 
invariable part of the matrimonium (see above, 
page 141). This took place usually at dusk, 
whence arose the • custom of having torches 
(Catull. 6% 1 ; Serv. ad Ed. 8, 29). The bride 
was taken with simulated force from her mother's 
arms (Fest. p. 1^9; Catull. 61, 3; Macrob. i, 
15, 21) : clearly a survival of the marriage by 
capture ; or, as tbe Romans themselves put it, 
a reminiscence of the Sabine marriage (cf. 
Lubbock, Origin of Civilisationf pp. 82 ff. ; and, 
for the similar Greek usage, supr. p. 132). 
Flute-players and torch-bearers went in front 



144 



MATBIMONIUM 



MAUSOLEUM 



(Ter. Adelph, t. 7, 5 ; Fest. p. 245). The bride 
was conducted by three boys patrinU et mairimif 
two leading her by the hand, the third carrying 
a torch of whitethorn for luck (Plin. H, N, xvi. 
§ 75; cf. Of. Fast, vi. 129). In the procession, 
besides the general crowd, there came also the 
camillus with his cumeros; and the bride's 
spindle and distaff were carried after her (Plin. 
K N. viii. § 194). Plutarch (Q. -R. 31) makes 
her carry them herself. Fescennine songs were 
sung during the procession (CatuU. 61, 126), 
with interjections of Talasse (Mart. zii. 42; 
CatuU. 61, 134, &c.). As to this deity of the 
marriage day, refei*ence may be made to Mar- 
qnardt, Privaii, p. 54; Preller, Bdm, Myth. 
p. 584 ff. He appears as Talasius, Talasio, 
Talassus, Thalassius, Thalassio. Lirj (1. 9) gires 
Its as bearing that name a companion of Romulus 
prominent in the rape of the Sabines, and 
derives the cry TcUasae from him : but Talus 
{Fest. p. 359) is an old Sabine name, and 
Talassitts may have been a Sabine deity of 
marriage : Varro connects him with rdkapot, a 
work-basket : BaXdo^aios as equivalent to Census 
U suggested, which at first sight has something 
plausible about it ; but it seems doubtful it 
Consus had really any connexion with Neptune 
or the sea, and moreover it is unlikely that the 
word should be borrowed from Greek. On the 
whole a Sabine origin is most probable. The 
part of the bridegroom in the procession was to 
scatter nuts for the boys In the crowd (Verg. 
Eoi. 8, 30 ; Catull. 61, 131). Though Catullus 
«ays that it shows the putting away of child- 
hood, it is much more likely that the nuts 
symbolised fruitfulness of marriage and plenty 
<cf. Plin. N. K zv. § 86). The custom, which 
may be compared with the Greek Karax^fffuiTa 
(auprUf p. 136 a), has its representative in the 
throwing of rice at the present day. When the 
bridal train reached the bridegroom^s house, 
the bride bound the doorposts with wool, pro- 
bably as dedicating her work to it ; and anointed 
them with oil or fat to signify health and 
plenty (Pliny, zzviii. § 148, says wolfs fat, 
which in the Roman nation has a totem appear- 
since). All these actions were, so to speak, 
personified in a Dea Iterduca, Domtdnca, and 
Unxia (Martian. 2, 149). The bride was lifted 
over the threshold (Plant. Cos. iv. 4, 1 ; Catull. 
61, 166; Lucan. ii. 359 f.), which, according to 
some, symbolises the marriage by capture: 
others (as Preller) suppose the object to be the 
prevention of the bad omen which would be 
caused by her stumbling on it. Sir John 
Lubbock (pp. cit. p. 97) adopts the former view, 
, and finds a similar custom among such widely 
divided races as the American Indians, the 
Chinese, and the Abyssinians. At the entrance 
she repeated the formula **ubi tu Gaius, ego 
<yaia;" and the husband met her bearing fire 
and water, to signify that he admitted her to a 
share in the family heai-th and the family lustral 
rites ^arro, ap. Serv. ad Aen, iv. 104 ; Dlonys. 
ii. 30) : the bride on her part brought three 
■coins ; one she gave as symbol of the do8 to her 
husband, another to the Lares of the house, a 
third was dropped in the neighbouring street as 
«n offering for the Lares compitales. The torch 
of whitethorn seems to have been scrambled for 
by tha guests as a lucky possession (Serv. ad 
JBcL viii. 29), and the ceremonies were orer. 



The Uctia genialis had been prepared by the 
pronuba in the atrium [Lbctus, p. 19 a.] On 
the following day the second wedding-feast 
called repotia was given to the friends and 
relations in the new home (Hor. Sat. iu 2, 60 ; 
Gell. ii. 24, 14, where it is said that Augustui 
tried to limit the expense), and the bride as a 
matrona offered at the family shrine (Macmb. i. 
15, 22). See further Marquardt, Privatieben^ pp. 
42-57; Becker-GOll,(?a//i<s, ii.pp. 25-49; Preller, 
/. c. ; Rossbach, Bdn. ffochzeiU- u. JEhedenk., 
Leip. 1871. [G. E. M.] 

MATRONA'LIA, also called MATRO- 
NA'LES F£ RIAE, a festival celebrated by 
the Roman matrons on the 1st of March, ori- 
ginally the beginning of the year, in honoar of 
Juno Lucina. It represented the purity of oH 
Roman life and the sanctity of the marriage tie : 
hence it is celebrated only by married women 
and maidens, and by a law of Nnma, "pellex 
aram Junonis ne tangito" (GelL iv. 3). It 
commemorated the dedication of the temple to 
Juno Lucina on the Esquiline, B.a 375, sooo 
after the Gallic occupation (Plin. M, A. xri. 
§ 236). It kept in memory, too, the first Roman 
marriages with the Sabine women and the 
peace which they brought about (Ov. Fatt, iiL 
229). An offering was made in the houses of 
married people with prayers that the married 
life might prosper, in .which the oadeht conld 
have no part (Hor. Od. iii. 8, 1). At this festi- 
val wives received presents from their husbands 
(Suet. Vesp, 19; cf. Plaut. Mil. Olor. iiL 1, 97), 
and they gave a feast to female slaves, as their 
husbands did to male slaves on the Satunslii 
(Macrob. i. 12, 7). Hence it is called the 
Saturnalia of womeii (Mart. v. 84), and fenUneae 
kaUndae (Juv. 9, 53). Girls also received, at 
least in later times, presents from their lorers 
(Tibull. iii. 1, 1 ; Mart. /. c.^ which is perhap* 
the reason why Martial (ix. 90, 1 3)-speaks of the 
day as though it were sacred to Venus. (Compsre 
Marquardt, Staatsr>er wdtung^ iii. p. 571 ; Preller, 
R6nL Myth, p. 244.) [W. S.] [G. E. M.] 

MAUSOLE'UM. The tomb of Msasolos 
or Maussolus, ruler of Caria under the Pemso 
king, is usually known to us as the Mausolenm, 
and this name was in later times applied to 
other tombs remarkable for greatness of scale, 
beauty of design, or exceeding sumptnoosness. 
Greek writers sometimes call Mausolus prince 
or dynast of Caria, but he was in realitj a 
satrap under the King of Persia, and ruled ia 
Caria from B.C. 377 to B.C. 353, succeeding his j 
father Hecatomnus in a dominion which under 
the feeble rule of the Great King became here- 
ditary in his family, till the victories of 
Alexander put an end to the dynasty. The seat . 
of government of these princes had np to the 
time of Mausolus been at Mylasa, in the 
interior of Caria, but was transferred by him to 
Halicamassus (now Budrum), on the coast. This 
city, the birthplace of Herodotus, wss greatly 
enlarged and embellished by Mausolus, who re- 
built it on a plan the symmetry snd besutv of 
which is described by Vitruvius. The sncceswr 
of Mausolus in his dominions was his sister sod 
consort, Artemisia, who during her short 
reign (b.o. 353-351) erected the magnificent 
tomb which commemorated for all time the 
fame of her husband and her own sorrow. Fof 
the construction and decoration of this tomb 



MAUSOLEUM 



MAUSOLEUM 



145 



tht most renowned architects and scalptors of 
kr time were employed by Artemisia. The 
architects, at we learn from VitraviuB, were 
Sttjm and Pythius; the sculptures which 
KkrBe>i the sides of the monument were the 
work of four artists of the later Athenian 
Sdiocl — Scupas, Leochares, Bryaxis, and Timo- 
tiiec«. The sculptor of the chariot group which 
CFovned the pyramid of the Mausoleum is called 
Pjthis by Pliny, but this name is probably a 
sustake for Pytbins, one of the two architects 
BKBtioaed by VitruTius. The sculpture and 
irchittctore were executed in Parian marble of 
the fineit quality, and the exceeding costliness 
« the material employed and the perfection of 
the execution contributed not a little to the 
world • wide fsme of the monument. (Pans. 
Tiii. 16, 4 ; Lncian, Infer. Dialog, xxiw. ; 
VitruT. ii. 8.) 

h searching for the site of the Mausoleum, 
esr 6rst guide is the following well-known 
passage in VitroTius (ii. 8): *<Mausolus per- 
ccimg that Halicamassus was a place natuxmliy 
fcrtiii«i, fawourable for trade and with a con> 
Tenient barbour, made it the seat of his goTem- 
aeoL As the form of the site was curved, like 
that of a theatre, on the shore near the port 
was placed the foram. Along the curve, about 
half'way op its height, was made a broad street, 
—u it were, a praecinctio. In the centre of this 
street itood the Mausoleum, constructed with 
iQch wonderful works, that it is considered one 
of the Kven wonders of the world." Vitruvius 
goes oa to notice the temple of Mars in the 
eeatre of the fortified heights above, and the 
temple of Venus and Mercury on the extremity 
«f the right-hand curve, and on the left the 
ptlaceof 3lauso]us himself. 

Ob taratng to the plan (Plate 1 of Newton's 
Bttory of IHtcoteries\ it will be seen that the 
li^rc of the harbour at Budrum bends round in a 
ivre, terminating in two horns, on one of which, 
the a&dent Salmacis, stands the Turkish arsenal, 
CD the other the Castle of St. Peter. On the 
f^te of this castle the foundations of an ancient 
dtadei may still be traced. On examining the 
posad overlooking the harbour, many frag- 
i&csts of shafts of columns, volutes, and other 
inunents of an Ionic edifice in white marble, 
hriljng in beauty and finish the finest examples 
«f Athenian architecture, were remarked by 
Profeaor T. L Donaldson many years ago ; and 
ia a memoir on the Mausoleum {dtusiocU 
• ifioraa, v. pp. 170>201) Mr. (now Sir C. T.) 
•^ewtoo itated thai these fragments were prob- 
u>ij those of the Mausoleum lying in sthi, as 
^ position of this spot corresponded with the 
icacriptaQo in Vitmrius already mentioned. In 
1636 an expedition to Budrum was dispatched 
from Eaglaad under the auspices of the British 
^^ovenkmcai, the direction of which was en> 
United to Sir C. T. Newton, who has embodied 
the results in his Bktory of IHtoomrim at 
^«JnBn, CUdMS, cmd BraneMdae, 

The exploration of the site already referred to 
F^sented peculiar difficulties, because it was 
<*niDbered with Turkish houses and gardens, 
^« owners of which had to be separately dealt 
*ith before possession of the ground oould be 
^^^*iMd. Fragments of the architecture and 
*nlptQre found, some in the soil, others in the 
'^^ walls of the houses and gaidens, soon 



enabled the explorers to identify the ground as 
the site of the Mausoleum, though of the ancient 
structure not a single stone remained above 
ground in its original position. The whole of 
the edifice had been removed except a few 
courses of the lowest foundations: these were 
laid in a rectangular cutting sunk in the native 
rock, and varying in depth from 15 feet on the 
west to 4 feet on the east. (Newton, Hist, Disc. 
pU. ii-iv.) In this suuken area and in the soil 
abore and around it were found drums and 
capitals of columns, pieces of cornice and archi- 
trave, stones from iacunaria, aud steps of a 
pyramid. The sculpture comprised fragments 
of a colossal chariot group, of an equestrian 
group, of statues of colossal or heroic dimen- 
sions, and of many lions and other animals; 
there were four pieces of a frieze suitable in 
dimensions for the Ionic order, and many frag- 
ments of at least two other friezes. (See 
Newton, Ouide to Matuoleum Boom in British 
Musewn,} All the remains of sculpture and 
the more important of the architectural marbles 
were sent to the British Museum in 1858-9, and 
after their arrival in England were carefully 
examined and arranged, with a view to the resto- 
ration of the original design. Many restorations 
had been attempted before the discovery of the 
remains m situ ; but as the only data for these 
were the scanty notices in Pliny and other 
ancient authors, they may be put aside now. 
Since the arrival of the marbles in the British 
Museum three restorations have been published : 
that by the late Mr. R. P. Pullan, the architect 
sent to Budrum to assist Sir C. T. Newton in 
the expedition (see History of Discoveries) ; that 
by the late Mr. James Fergusson, and a more 
recent one by Mr. Petersen (2)as Mausoieum^ 
Hamburg, 1867. See also the memoir on 
Scopes by Urlichs). 

What we know of the original design of the 
Mausoleum is derived in the first instance from 
certain scanty notices in Pliny, Vitruvius, and 
other ancient authors. With these hawe to be 
combined the remains discovered tn situ. Ac- 
cording to a much-discussed statement in Pliny, 
ff. N. xxxvi. § 30, the tomb itself measured 
63 feet from north to south, being shorter on 
the fronts; its entire circuit was 411 feet, or, 
according to the Codex Bambergensis, 440 ; its 
height 25 cubits, equal to 37} feet. Round it 
were 36 columns. This peristyle was called the 
Btercn. Above this Pteron a pyramid equalled 
the lower part, contracting by 24 steps to an 
apex like that of a meta. On the summit was a 
marble chariot with four horses, the work of 
Pythis. The addition of this made the height of 
the entire structure 140 feet. From this de- 
scription we may assume that there was a 
Pteron or peristyle edifice surmounted by a 
pyramid, which in turn was crowned by a 
marble chariot group. 

When we confront Pliny's statement with the 
architectural marbles found m aitUj we obtain 
,an order 37} feet in height, equivalent to Pliny's 
25 cubits for the height of the Pteron, and the 
remains of a chariot group of which the height 
may be calculated at from 13 to 14 feet. Again, 
from the measurement of the steps of the pyra- 
mid found tn sitUj we obtain for its whole height 
24 fl. 6 in. if we assume that all the 2 4. steps 
were exactly of the same height. The pyramid, 

L 



146 



MAUSOLEUM 



MAUSOLEUM 



according to Plisy, equalled in height the lower 
eleration. As the text stands, the words are 
altitudine inferiorem aequabatf so that the sub- 
stantive with which inferiorem should agree is 
wanting. According to ordinary rules, the word 
to be supplied would be pyramidenij but that is 
inadmissible, as there is no evidence to show 
that there was a lower pyramid. If we leave 
the text as it stands, we must either supply 
aititvdinem or partem after inferiorem : " Above 
the Pteron was a pyramid equalling in height 
the lower height, i.e. the Pteron ; " or read cdtitu- 
dinemy " equalling in height the lower altitvdo" 
By this lower altitude Pliny can hardly hare 
meant any other part of the elevation than the 
Pteron, But this, as has been already stated, 
was 37 i feet in height ; the pyramid, according 
to actual measurement of the steps, was only 
24} feet. To make it equal to the Pteron, we 
must add 13 feet either to its base or to its apex, 
or partly to the one and partly to the other. 
Mr. Fergusson, in his restoration, brings the 
height of the pyramid to 37} feet by adding 
11 feet 9 inches for a pedestal under the chariot 
group (Pliny's meta\ and 2 feet for a plinth in- 
tervening between the lowest step and the cornice. 
In Mr. Pullan's arrangement the entire chariot 
group is reckoned in with the pyramid as 37 feet 
9| inches. The main objection to this was 
pointed out by Mr. Fergusson : the group itself 
would not be sufficiently raised above the 
pyramid to be properly visible from below 
except at some distance. Further, it would be 
necessary, in order to complete Pliny's sum of 
140 feet, to allow 65 feet for the basement under 
the Pteron, which in Mr. PuUan's restoration 
seems out of all proportion to the rest of the 
design. Moreover, the words of Pliny do not 
justify us in reckoning the 37} feet of the 
pyramid as incliuive of the chariot group. 
Pliny's words, ?iaec adjecta, show clearly that 
this was to be added in order to make up the 
whole height of the monument to 140 feet. 
Mr. Fergusson allows II feet 9 inches for the 
height of the meta, and 14 feet for that of the 
quadriga. 

The next question is, what was the spread of 
the pyramid laterally. On examining the steps 
of the pyramid, of which from 40 to 50 were 
found in titti, we find that with the exception of 
a few blocks (A 17-23 of the Guide), they have 
a tread of either 1 foot 9 inches or 1 foot 
5 inches ; or, in the case of corner stones, a 
tread of 1 foot 9 inches on one side and 1 foot 
5 inches on the other. The number of these 
steps, according to Pliny, \v;is 24. If we assume 
with Mr. Pullan that 22 of these had a tread of 
the dimension already .stated, and add a step of 
10} inches and one of 9 inches below the plat- 
form on which the chariot group stood, we 
obtain 39 feet 11} inches for the spread of the 
pyramid on one side and 32 feet 6 inches for its 
spread on the other. But it is not proved that 
all Pliny's steps had exactly the same tread, or 
that the two stones with the exceptional treads 
of 10} and 9 inches formed the uppermost course 
of the pyramid, as Mr. Pullan assumed, though 
they may have belonged to the upper part which 
Pliny describes as ^ in metae cacumen se contra- 
hens," tapering like a meta. 

The dimensions of the platform on which the 
chariot group stood are still more uncertain. 



Mr. Pullan calculates it at 25 ft. 6 in. hj 20 ft. 
5 in., but Mr. Fergusson is probably nearer tiie 
mark in reckoning it as 20 bv 16 Greek feet. 
It follows that Mr. Pullan s calculation of 
105 ft. 5 in. for the length of the base of the 
pyramid and 85 ft. 5 in. for its breadth caaoot 
be relied on. Mr. Fergusson makes the lowe&t 
step of the pyramid 100 by 80 Greek feet. 

If we turn from the pyramid to the Order 
below it, we get on surer grounds. Mr. Pullaa 
gives 100 feet English for the length of the 
peristyle from centre to centre of the colam&.s 
and 80 feet for its breadth. He arranges nine 
columns on the front and eleven on the flank, 
and allows an intercolumniation of 10 feet from 
centre to centre of the columns. But to this 
arrangement there is a grave objection. The 
lions' heads of the cornice cannot be so disposed 
that one may range over each column, accord* 
ing to the usual rule in Ionic architecture. 

Mr. Fergusson calculates the measurement of 
the lower step of the pyramid 100 by 80 Greek 
feet. He arranges the 36 columns of the peri- 
style so as to have eleven colomns on the longer 
sides and nine at the ends, counting the angle 
columns twice. He reckons the interoolumnis' 
tion at 10 ft. 6 in. except at the angles, where he 
supposes the columns coupled, so as to hare 
half an intercolumniation, viz. 5 ft. 3 in. Tae 
longer sides of the peristyle would thus measure 
94 ft. 6 in. Greek ; the shorter sides, 73 ft. 6 in. 
if we add 2 ft. 9 in. for the projection of the 
cornice. In order to make this arrangement iit 
in with the general scheme of his restoratioc, 
he is obliged to allow only half an intercolom- 
niation (5 ft. 3 in.) for the distance of the angle 
column from the one next it on either side. Hot 
for such a coupling of the oolnmns in an lomc 
edifice he can adduce no other example. 

Petersen concurs with Fergusson in allowing 
10} feet for the intercolumniation, which, with 
eight columns on the front and eleven on the flank, 
yields ten intercolumniations on the longer and 
eight on the shorter side. If we add to this half 
the thickness of the base of the two angle 
columns, we may calculate the dimensions of 
the stylobate as 109 X 88. He thus obtains for 
the circumference of the building 394 feet, and 
there is room for two lions' heads between each 
pair of columns. 

Pliny says that the tomb itself — meaning, it is 
to be presumed, the cella within the peristyle 
-—was 63 Greek feet in length, but shorter in 
width. How much shorter he does not state. 
According to Mr. Pollan's scheme, the space 
between the cella wall and the peristyle would 
on the fronts be 17 feet. In his Plate XXLfis;:^. 
1 and 2, he shows how by the use of through 
stones this space can be corbelled out, the beams 
acting as ties, and in the lowest course of the 
corbelling the stones being of suflScient length to 
extend from beam to beam. 

Mr. Fergusson, having diminished the length 
of the Pteron by the expedient of coupling the 
angle columns, reduces the space between the 
cella wall and the Pteron to 14 feet in the 
fronts ; 2 ft. 8 in. less Mr. Pullan makes it. 

Petersen supposes that the Pteron had aa 
inner row of columns, and that Pliny's cinffit»r 
only applies to the outer row. This no doubt 
would solve several difficulties, but the text <>t 
Pliny will not bear such a forced interpretation. 



HAUSOIiEUM 



MAUSOLEUM 



147 



The ax* and pUa of the basement or podium 
baye lutlj to be considered* According to the 
Codex Bembergensis, which ranks as the most 
reliable MS. of Pliny, the whole circait of the 
Umb was not 411 but 440 feet: other MSS. 
nrt(141I. Messrs. Pallan and Fergnsson adopt 
the lower dimension, but Mr. Petersen follows 
icA Codex Bambergensis. 

Hr. Pallan makes the measurement of the 
podiom 119 ft. by 8d ft. 6 in., which gives 415 
ie«t for the circumference. Mr. Fergusson, 
meararing it on its lowest step, makes the 
f gdioffl 126 Greek feet by 105 Greek feet ; so that 
i: voaid extend on each side as far as the sides 
«t thetjnadrangular catting, and its total circum- 
feitace would be 462 feet, in which dimension 
be iadades piers projecting all round the base> 
s«nt at the height of 17 feet from the ground. 
h tbe recesses formed by these piers he 
placet itatoes : above these piers a cornice and 
frieze connect the podium with the stylobate 
<f tbe Ptcroo, and below it ia a wall of plain 
Dasoory. 

Mr. Petersen substitutes for recesses be- 
tTcea the piers arched niches for statues, 
vbicb pit the podium a very Roman look, and 
Qtitber his designs for the podium nor Mr. 
Ferfosson's have been generally accepted by 
ATcbitectual authorities. On the other hand, 
Mr. Pullan's basement, besides being too tall, is 
too bald, and its mouldings are deficient in 
bddnejs. The one thing that we may assume 
i> that the basement was crowned with a cornice, 
below which may have been one or mor4 friezes. 
The remains in relief, of which a description is 
ifiTcn {Gwde to Matuolevm Roofn, Nos. 26, 28), 
aod which represent a oentauromachia, are pro- 
babij from the podium. The height of this 
irieze is 2 feet 10| inches. It probably oma- 
Bested the podium. 

Hr. Fergusson reduces the height of the base- 
3«Bt to 51 feet 6 inches, in which dimension ho 
ifidodes an entablature of 14 feet. Mr. Petersen 
v^^ 44 feet as the height of the basement. 

Whatever the height of the basement may 

&>Te been, we may assume that it was not 

}m than 40 feet above ground. It has been 

^^nady stated that the quadrangular cutting 

bel>/v tbe natural level of the ground, in which 

tbe fbnadatiotts of the Mausoleum had been 

lud, was cat in the native rock, in various 

deptbs, the lowest part of the area being on the 

v«at side, where the cutting was 15 feet below 

tbe Dstnnl level of the rock, while on the east 

^e the bed rises within 4 feet of it. The whole 

•if this area had been originally filled up with 

the (Danes of the foundation stones, consisting 

of blocks of a green ragstone strongly bound 

t<^Z«tbe7 with iron clamps, and generally mea- 

^^<nng about 4 feet square by 1 foot thick. In 

^-ac places all the foundation courses had been 

MnoT«d, and the original bed of the rock laid 

(«n. On the west side of the quadrangle was 

'-^ciTered a staircase of twelve steps, 29 feet 

*>it and cut in the solid rock. On the north 

^'^ Ktaircase waa fianked by a wall of good 

-'■'iooaoas masonr)^, boilt of large blocks of 

>^Te rock. A few feet to the east of the stair 

**re found some alabaster jars, such as were 

^-^ br the ancients for precious ointments. On 

^^ ^ these jars were two inscriptions, one in 

^rt^glyphics, the other in the cuneiform cha- 



racter. These inscriptions contained the name 
of the Persian king Xerxes, written in four 
languages. Immediately to the east of the spot 
where these jars were found was a block of 
green ragstone, 7 ft. high by 4} fL square, 
and weighing about 10 tons. It rested on two 
slabs of white marble, in which were bronze 
sockets, adjusted to receive dowels, 6 zed at the 
bottom of the stone, but by some accident in the 
original process of fixing the stone these dowels 
had never descended from their collars into their 
sockets. 

It may be inferred from the position of the 
remnant of marble pavement under the great 
stone, that a passage paved with marble led 
from it into the royal sepulchral chamber, 
which may have been nearly in the centre of 
the basement, where the eutting in tbe rock is 
deepest. After the body of the personage in- 
terred had been carried down the steps to its 
final resting-place in the heart of the basement, 
the great stone was let down into its place, like 
a portcullis, and wedged in on either side by 
smaller stones. The alabaster vases, fonnd 
between the great stone and the foot of the 
staircase, must have been deposited there shortly 
after the interment, as an ofiering to the dead. 

There, too, were found bones of oxen from a 
sacrifice, and small terra-cotta figures. The 
staircase must have been then filled in with 
earth to the level of the upper surface, and the 
soil to the east of the stair was supported by a 
wall ronning from flank to flank, which was more 
than a yard broad, and constructed of massive 
blocks of native rock carelessly thrown together 
without bond. The great stone, the remnant of 
marble pavement under it, and the alabastra 
and other sepulchral offerings found between 
the great stone and the foot of the stair, are all 
that the expiration of the site yielded to indi- 
cate the arrangement of the interior of the base- 
ment. Mr. PuUan, ailopting a suggestion pre- 
viously made by Sir Robert M. Smith, R.E., the 
engineer officer attached to the Budrum expedi- 
tion, supposes that in the interior of the base- 
ment there was a circular chamber, covered with 
a vault similar in structure to that of the lion 
tomb at Cnidus, the so-called Treasury of Atreus 
at Myceruie, and many other ancient tombs. 
Mr. Fergusson, rejecting this arrangement, pro- 
poses an elaborate plan of the basement which 
is mainly grounded upon a narrative in Guichard 
{Funerailles des Grecs et EomainSy Lyon, 1581, 
pp. 378-81). That author states that in 1522 
some of the Knights of St. John were sent from 
Rhodes to Budrum to repair the castle there, 
then threatened by the Sultan Solyman. These 
knights, on their arrival at Budrum, at once 
began to strengthen the foi-titications of the 
castle, which had been built rather more than 
a century before by a German knight, called 
Henry Sc'hlegelholt, who, as we are told by his 
contemporary Fontana, used as materials the 
ruins of the Mausoleum then lying above ground. 
The materials first used would naturally be the 
marbles from the upper part of the edifice, 
which were lying in situ detached by their fall, 
such as the steps of the pyramid, the architrave, 
the fragments of the firieze of the Order and 
cornice, the drums, ca]>itals, and bases of the 
columzui. As the ruins were thus gradually 
cleared away, the stylobate and marble facing of 

L 2 



148 



MAUSOLEUM 



MAUSOLEUM 



the basement would be stripped off till nothing 
\Yaa left but the inner core of the masonry, 
composed of large blocks of green rag, such as 
were found in position in the quadrangular 
cutting. Between 1402 and 1522 the fortitica- 
tions of the castle were repaired by the Knights 
at intervals; through all this time the ruins o{ 
the Mausoleum must have supplied botli stone 
and lime to the building. 

The Knights employed in 1522 found still in 
position certain steps of white marble, which 
Guichard compares to a perron, ^' These they 
made into lime, and, having cleared them away 
above ground, proceeded to search by excavation 
for more marbles of the same quality. As they 
proceeded deeper, the base of the structure was 
enlarged, and they found not only marble for 
the limekiln, but good building stone. After 
working downwards for four or five days, they 
came upon an opening like that of a cellar. 
Descending through this, they found themselves 
in a large square apartment, ornamented all 
round with columns of marble, with their bases, 
capitals, architrave, frieze, and cornices en- 
graved and sculptured in half relief. The space 
between the columns was lined with slabs and 
bands of marble, ornamented with mouldings 
and sculptures in harmony with the rest of the 
work, and inserted in the white ground of the 
wall, where battle-scenes were represented 
sculptured in relief.** 

All this sculpture, according to Guichard, was 
broken up and destroyed by the Knights. He 
goes on to narrate how, ** besides this apart- 
ment, they found afterwards a very low door, 
which led into another apartment serving as an 
antechamber, where was a sepulchre with its 
vase and helmet {tymbre) of white marble, very 
beautiful, of marvellous lustre." They deferred 
opening this till the next day, retiring to the 
castle for the night. On returning the next 
morning, they found the tomb opened and the 
earth all round strewn with fragments of cloth 
of gold and spangles of the same metal. It was 
supposed that pirates had plundered the tomb in 
the night. Guichard had this story from Dale- 
champs, a learned contemporary, who, we may 
presume, was the editor of Pliny, and to whom 
it was narrated by the Commander La Tourette, 
a Lyonnese knight, who was sent to Budrum 
with other Knights and was present at the siege 
of Rhodes in the same year. 

There seems to be no reasonable ground for 
rejecting this story in its general outline, but it 
must be borne in mind that it is based on hear- 
say evidence, and we are hardly justified in 
insisting on the accuracy of its details as 
strongly as more than one recent writer haa 
done. 

It may be assumed that the perron men- 
tioned by Guichard was the remnant of the 
steps on which the stylobate of the Pteron had 
rested, the ruins above which had been gradually 
cleared away by the Knights in the course of 
the fifteenth century. If we accept the narra- 
tive of Guichard literally, we must suppose a 
square apartment ornamented all round with a 
fneze and other sculptures. It is not likely, 
however, that marbles of different colours 
would have been used, but the frieze may have 
been painted, as was certainly the case with the 
fragments of the frieze of the Order, found in 



the excavations above ground. Mr. Fergosioa 
supposes in his restoration a sepulchral chamber 
52 feet 6 inches by 42 feet. It would thus hare 
been identical in dimensions with the interior of 
the cella in his restoration. 

In the walls of the castle were formerly t« 
be seen a number of lions broken off behind the 
shoulder, and pieces of frieze from the Mauso- 
leum, which the knights had inserted at inter- 
vals in the walls, and which attracted the notice 
of travellers from Thevenot down to oor own 
time. All these sculptures are now in the 
British Museum, having been presented hj snc- 
cessive Sultans. Other forehands, heads, and 
fragments of lions were found on the site of the 
Mauboleum. From the evidence of these frag- 
ments, it is clear that they stood on detached 
rocky bases, which average in thickness 6 inches. 
These bases appear to have been inserted in a 
lower plinth at an average depth of 2 inches 
from the upper surface. The proportions of the 
lions are adjusted to three different scales. The 
largest measure 4 fl. 6 in. from the point of the 
shoulder to the hind quai*ter, and the second in 
scale about 3 inches less. Their height probably 
did not exceed 5 ft. One head measured across 
the forehead in a line with the eyes was 2 inches 
less in width than the largest head. A paw was 
found smaller than any of the others, which 
seemed to correspond in scale with this head. 

On the north of the quadrangular cutting 
was a wall of white marble blocks, beautifnlly 
jointed with isodomous masonry. Behind th^ 
wall on the north was a mass of white marble 
blocks, which on examination were recognised to 
be steps from the pyramids. From fortf to 
fifty of these stepe were found. Intermixed 
with these steps were fragments of the chariot 
group, of which the most important were the 
anterior half of a colossal horse (the harness of 
which showed that it was from a chariot, the 
bronze bit and bridle still remaining attached 
to the head) and the hinder half of a horse, 
similar in style and scale: this extended from 
the middle of the body to the root of the tail, 
and measured in length rather more than 6 feet 
There were various fragments of feet and legs 
of horses; also pieces of one of the wheeb of 
the chariot, from which its diameter has been 
ascertained, and the remains of a colossal male 
figure, which has been made up of seventy- 
four fragments collected in situ. This figure is 
generally held to be the portrait of Mausolos 
himself (Guide, No. 34). There was a draped 
female figure of colossal size, probably repre- 
senting a goddess acting as charioteer in the 
quadriga (Guide, No. 35). Both these sUtuet 
are remarkable for the breadth and grandeor 
of effect in the drapery, and the refined delicacy 
in the execution. 

For further details of the sculptures which 
were found, see Sir C. Newton's Owde to Un 
Mausoleum Boom^ especially Nos. B>11, 17, 26, 
29, 38-49. 

Mr. Pullan and the others who have attempted 
restorations of the Mausoleum differ widely in 
their disposition of the sculptures in the round. 
It is generally accepted that the two colossal 
figures found among the ruins of the pyramid 
steps belong to the chariot group, and represent 
Mausolus and the Goddess who acted as hii 
charioteer. The lions must have been arranged 



MAUSOLEUM 

roasd the tomb as its watchfal gnardiansy some 
ititkAcd at its doors, others perhaps at the base 
cf the pyramid : the equestrian torso was pro- 
Ubij one of four groups from the angles, but 
bejccd this we are left entirely to conjecture. 
Ststnei were prohablj placed between the 
AlusBiy as in the Xanthian monument, but of 
the toxaocs preserred most are on a scale too 
sBsU to itaiod by the side of the columns for 
sipport of the roof of both apartments. 

Where the remaining statues were placed is 
it present a matter on which we hare no more 
enduce than we have as to the arrangement of 
tW colomss, the area of the basement or of the 
^itfonn on the top of the pyramid, or the cir- 
cimftreace of the building as expressed by 
Plinj's Mut drcuitus. As the author of the 
Geide mnarks, ** The problem of the restoration 
«f the llaosoleom will probably remain un- 
nlred, ualeis some unexpected discorery at 
Bsdnun or elsewhere in the Hellenic world con- 
tiibatcs fresh eiidence. As we know that the 
Cistle of St. Peter was built by the Knights out 
<tf the mitts of the Mausoleum, it may be 
ssumed that many fragments of architecture 
aad Kolptures are still imbedded in its walls.'* 

The natiTe rock of the platform is pierced at 
CWo diflemt levels by subterranean galleries, 
with which shafts communicate at intervals. 
The Wer of these galleries runs all round the 
qoadnagle, and naust hare served for the drain- 
*p of the Mausoleum. It is cut throughout in 
tM solid lock to a height ranging from 6 to 8 
feet, except in front of the stair on the west 
fide, where it passes between the stair and the 



MAUSOLEUM 



149 



big stone, where it is only 2 ft. 10 in. in height. 
It is evident that, before the foundations of the 
Mausoleum had been laid in the quadrangle, the 
rock had been quarried out to various depths, 
and had also been used as a place of inteiment 
in early times, before the city had been enlarged 
and embellished by Mausolus. The centre of 
his new city was probably selected as the most 
appropriate site for his tomb, because he con- 
sider^ himself the new founder of Halicamassus. 
Hyginus, a Latin writer of uncertain date under 
the Roman Empire, states (in the Fabulae) that 
the Mausoleum was surrounded by a peribolos 
1340 ft. in circumference. Supposing Greek feet 
to have been used in this mea.^urement, one-fourth 
of the peribolos would be 335 Greek feet (equal 
to 339 English). On the north side of the 
Mausoleum a wall constructed of marble blocks 
of fine masonry {Hist. Di9c. pi. vi.) was traced east 
and west for a distance of 337 English feet. A 
similar wall was traced under the soil for 260 
English feet on the east side. We may assume 
that the four sides of the peribolos formed a 
rectangle. No trace was found of the western 
wall, but on the southern side Mr. Biliotti, ex- 
ploring the ground in 1865, traced a cutting in 
the rock running east and west, which he be- 
lieved to be the bed prepared to receive the 
foundation of the southern wall. It is probable 
that the platform on which the Mausoleum 
stood was connected with the Agora on the 
shore by a series of terraces, with intervening 
flights of steps, so disposed as to set off the 
elevation to advantage when viewed from 
below. [C. T. N.] 



Though none of the proposed restorations of 
th« Hsnaoleuni can be accepted with certainty, 
>^ the preceding writer has remarked, still the 
Ri^CDioas restoration by the late Mr. Fergusson 
is not without value. (See cut on following 
P^e.) The principles on which he constructed 
IV ud the objections that may be taken to it, 
bve been already fully stated. 

Of the other magnifioent sepulchral edifices 
t« vhich the name of Mausoleum was given the 
tvo moit important are : — 

1. The Mausoleum of Auoubtub, which 

*u errctcd by Augustus, during his lifetime 

»d in his sixth consulship (B.C. 28), in the 

cdtthcnipaTt of the Campus Martius, between 

tae Via Flaminia and the Tiber (Suet. Aug. 100). 

h«u a magniScent circular building (called b 

^ Qtu. Iriil 22, fieuriXuehr funifittop), ereci^ 

^ firandations of white marble, covered to4he 

i^iomit with plantations of evergreen, anfl sur- 

'aonated with a bronze statue of AuguaCus : in 

^ mterior were sepulchral chambers, con- 

taifiiag his ashes and those of his fai/ily. The 

pxiad round the Mausoleum was iaid out in 

P^fm and public walks. (StraK v. p. 236.) 

S«Teral members of the family, of Augustus 

^m eatombed in the Mausoletim before the 

**^ oS the emperor were deposited in it, as 

^ttcellas, Agrippa, Octavia, and Drusns, the 

^ker of Tiberius (Verg. AefL vi. 873 seq. ; 

^C«s. UIL 30. liv. 28, Iv. 2; Ov. Cons, ad 

^ 37; Pedo, Eleg. i. 69: for the burial of 

^•ZtttQs himself, see Dio Cass. Ivi. 43 ; Suet. 

V 101). The ashes of Livia, the mother of 

^'^oiai, were also deposited there (Dio Cass. 



Iviii. 2), and it was the regular tomb of the 
imperial family, whence it is called by Tacitus 
{Ann. iii. 9) tumulus Caesarum. Caligula had 
the ashes of his mother Agrippina and his 
brother Nero interred here with gpreat pomp 
(Suet. Cat. 15 ; Dio Cass. lix. 3). By the time 
of Hadrian this Mausoleum was completely 
filled, which caused him to build a new one on 
the opposite side of the river (Dio C!ass. Ixix. 
23 : see below). Martial alludes to the Mauso- 
leum of Augustus under the name of Mauaolea 
(v. 64, ^)Z^ the deqs in the following line 
clearly nrrer to the Caesars. (See Friedlander's 
notej^^^here are still considerable remains of 
tl^^s Mausoleum ; but ** it is now so completely 

lined," remarks Mr. Fergusson, *' that it is 
extremely difficult to make out its plan; it 
appears however to have consisted of a circular 
basement about 300 feet in diameter, and about 
60 feet in height, adorned with twelve large 
niches. Above this rose a cone of earth as in 
the Etruscan tombs, not smooth like those, but 
divided into terraces, which were planted with 
trees." (Fergusson, Hist, of Arch. i. p. 343.) It 
was convertMl into an amphitheatre for bull- 
fights till the time of Pius VI., and is now used 
as a theatre for the display of fireworks and 
other spectacles of the lowest description. 

2. The Mausoleum of Hadrian, also called 
the Moles Hadriani, now the Castle of S. 
Angelo, a much more splendid building than the 
Mausoleum of Augustus, was erected, as we 
have already seen, by the Emperor Hadrian on 
the right bank of the Tiber, near the Aelian 
bridge in the gardens of Domitia (Dio Cass. 



150 



HAU80LEUU 



liii. 23; Spart. Bair. 19). HulriBn died *t 
Uniie, uid his rcmaini were fint depuitad in 
k temporary tomb at Puteoli, from vhich 
they were removgd to the Uaaaolaum at Rome 
bj AptDDiDui Pin>, who prDbablr compl«l«d 
the building (Spart. HadT. 25 \ Capitol. AM. 
Pi'tti, 5, 8). Ttaii MatUDleum wsi the Hpnlchre 
ortbe iubaeqacDt empcron and their tWoiiliei 
down to Commodiu and perhapa to Caracalla, 
but Dot bCTODd. It ia eipreulf meDtioncd ai 
the aepnlchre of AntoniDOi Pitu (Capit. Ant. 
Fka. 7), of Lucioi Venia (Capit. Ver. 11), 
of CommodnB (Lamprid. Caiamod. IT). Ai to 
the othtT tmperora, xe Becker, BSm, Alterih. 



MAUSOLEUM 

Tol. i. p. SSI, Wh<n the iDbject ii full; 
diacuHed. 

The ManaoUDm ia docribed bj Pro«i|Nu 
(£. a. i. 22) oD the ocoaioD of the aiege of Rom 
br the <>othi, a.d. 537. He aaji that it bid beti 
coDTerted into a fsrtma conaiderabl; befDi 
hii time ('■ bj- the men of old," oJ roAuo 
&i4pctiroO, and WM joined to the line of fsrtifi 
catioui bf two walU. Thii wu probab]/ don 
when the walli were repaired b; Hoaonu 
abont i.D. 423. Piocopini (I. c.) dscribei it & 
a memorable tight {9ia)ia Aiyoir waUUiv t{iw) 
outaide the Porta Aurelia, dtitant from Ih' 
walli abont a bow-ahot. " It ii nude," he uvi 



-,*r^ ^*^ 




I'of Pariko marble, and the atonee Gt cIomIt 
into one aoother with no other faattning. It 
baa foar eqoal sidei, each about a gtone'i throw 
in length, and in height riling aboTe the walli 
of the cit;. Above are atatnet of men and 
horaea made of the ume Paiian marble and 
wonderfnl to behold." Many oftheie precioni 
worki of art were hnrled down from the Tomb 
on Ihe Gothic beuegari. The Baiberini Faun 
at Uanich and the Dancing Faun at Florence 
were found in the ditch below the Tomb. The 
labsequent history of the Uaotolenm will be 
found in all the gaide-booki. (See Mnrnij'i 
/faniAoat of Sonu, p. T3 leq.) 

From tbe eiiitiog remaini, and the deacrip- 
tioD of writer* in the UiddU Agei, the Uanao- 
leum baa been reatored bj modern archaeologitta. 



1 of tbii 
 of fonr ( 



" A qnadrangnlar atmetnre of duiUng w 
marble, vach aide 300 Roman feet loni 
8a feet high, it ' , 
to the Tariona emperora from Trajan to Sevti 
-■■ ' "  la. AI t 

._ Jonr emnerOM. Abore. ' ' 

bnilding^o. 
with colonnade! and peopled with mul 
■tatnei. Over alt me a oonical copoli i ' 
■nramit wu 300 feet aboT* the gronad. 
tort to the garden! of the Vatican may iti! 
there a bmnie lir-cone, 8 feet high, which « 
cording to tradition once ■armaonted thecspniH 
of Hadrian'i tomb." (Hodgkin, Italy ok' '''I 
Invadert, It. p. 202; Dante, Inf. uii. i^'- '^■1 
Fergnaaon, Hut. of Arci. i. p. 344.) [W. S] 



HAZONOHUS 

MAZOVOVUB OuCarJfur, dm. ^f'onffuor, 
Xlba. T. H9 ■}, fram ^(a, > loaT, or i ak» ; 
pnptrlj m d>«h for diitributing brrad : bat tha 
ifiDi i> applied iIm to 107 Urg* diah oied for 
bciip^ mtat to tabic (Tartti, de St SvtL 
111. 4). Tfaoe diiha wen made cithar of vood 
(PoUaz, tS. 87), of broDM (Athen. iv. 136 c), 
er of pild <At)i«B. T. 197 f). Id Uib mi»t 
fimiliir ^tmmp (Hot. fU. iL 8, 86) vc ban 



MEDlASXnJI 



151 



u a lai^ diah, on wbich 
portion! of meat apiinkled with meal and talt 
are brought to table (the theon of paitiy ii 
nnfoanded). Tbcra ia no ground for tttigning 
the word a epecial aignificauce aa a aacred vetiel, 
thongh, DO doubt, like lanx, iic., it might be 
med to eipreii a large diah oaed far aacred 
aa well aa for proAoa pnrpotea. 

[J.T.] [G.E.MO 




DIX TUnCUS ( = "communily 
") waa the chief magiatrate among 
Sabellian commniiitiea. Hence wt find 
' at Ckpua aft«r the Samuitea vreated 
of that ei[7 from theGreehi. Tha 
> aa Uedii in the MSS. of Lii 



i<r. 19 a 



I Media 



iin.6, ThedoDbleconMnant,lio*ei 
m Feitaa and in moat inscriptiona, as mejdie*, 
eittu(, Dwtdias. Uomnuen iBrtlerit, Dial. 
y. ITS) cmaidtra that tha firiL Billable ia natu- 
nliy ihort (aa eTideoced hj the Greak ■), and 
il«riTt» it from th« same nwt aa mederi : Curtioa 
■Sgeata, but on the «bole rejecta, ii4Sm, to 
■bich howerer there woald be no abjection if 
then ia merelj a doubled d. It waa clearlj tba 
Oacaa name far a magittrait vho might ba alona 
IB o£ce or DDe of manj_ So Cnniua givea na 
"Soamua ibi capitur maddii ooctditnr alter," 
iM that deci not proTi that tha title Meddii 
beloaga onlj or apadallj to a dual magiatracy. 
The inacriptiona gira ua two maddicet at Uea- 
>au (MommicB, L c), bat in moat SabelUau 
cnuBmutiea, aa far aa we can gather, there araa 
nlj tat: poaaiblf, aa Momnuen {StaattrecAi, 
^ iSl) aaggeata, the dnal oonatitation al Maa- 
■aa waa owing to Roman inflnanca. We haTa 
1^ qualifjing word TUuvt added at Capua 
{Liijr), at Pompeii, Harcolananm, and Boviauum 
l*t the imcriptioDa cited b^ llommaen), and 
'^ word ia ptobablj coonected with Dmbrian 
■ad Oacaa worda for town, taaia, lota, Unda 
(Contss, fir. Etjpn. p. 225): ao that the tJtl* 
waaa chief magiatiate of the town, and aeeme 
toRBplr that the word maddix alone might ba 
Uid of atlter magiitiataa. Ve iutTe no meana 



of ascertaining the preciae liroita of hie juriedie- 
tion, which, moreaver, maj have varied in 
different towns, but a good deal may ba gathered 
from the acconnta of Capna preierred in lirj. 
Thia town became aubject to Rome B.C 329 with 
caerilt righta, i.e. aiilaa atiu miffragio (Lit. riiL 
MX*l>d<^''°**'i1*''^'7''*'' ^"^ autonomy, but kept 
ita ovD aenate and magiatratea (see Mommaen, 
Eitt. of Rome, i. 369; StaaisweAi, iii. 581), per- 
hapa with some coordinate jnrisdictiDD of Kornan 
officials. Wa learn from Utj that the meddii 
waa anonallj elected, as tammus magistratiu 
Cvn/unia, and, like'sole periodica] magiatrates in 
more modem and larger atatea, had the reproach 
of aecking by all meana the popalar Tote ; he 
iammoned the aenate, preaided at religioua ritea, 
and (during the rcTolt) appointed commanden 
of troopa and acted bimaelf aa general (probably 
one of hia original function)) : the office ceaaed 
with the Second Panic War. (Lit. ijiU. 4; 
iiiT. 19; »Ti. 6. See also Mominsen, Hilt, of 
Somt, i. 355; 5taatirccAt, ill. 591, and indei ; 
UniiTital. DviUcte, p. 277 f. ; Marquardt, ^ooti- 
oertooit. i. 30 ff.) [W. S.] [G. E. M.] 

HEDIASTI'NI, the name given to alaTea 
of all work either in town or conntry, who are 
said by tha Scholiast on Horace, Ep. i. 14, 14, to 
ba those "qui in medio atant ad qaaeria impe- 
rata parati." They vould iberefoie be thoaa of 
whom Cicero speaka {Par. t. 2, 37), "qui tergoot, 
qui nngunt, qui verrunt, qui apargant." In 
Ulpian they are apoken of aa equivalent to 
aitaan$ ttrvi. In Pliny (,H. S. iiii. § 4) 
the alaTca of an apothecary need for geMral 
irarpoaea are no called to diitingnisb them 
from skillad alaTea employad aa rabben, Ac 



152 



MEDIGINA 



Bat although Horace (/. c.) seems to distinguuh 
the medktuHttut from the conntiy elare, the dis- 
tinction is only fonnd in the context, not in 
the word itself; for Columella (ii. 13) gives the 
allowance of field labour for 200 jugera as two 
yoke of oxen, two 6ti6u^' and six mediastini: 
he separates them from the special labonrers, 
vmitores and aratores (i. 9), saying that, while 
the orator should be tall, the fneduutmvs might 
be any height provided he was industrions. To 
he precise therefore, the low class general slaves 
would be distinguished as medieutini urbcmi and 
mediastini rustici (which is a disputed reading 
in Cic Cat. ii. 3, 5). [W. S.] [G. E. M.] 

MBDIGI'NA (tarpuHi), the name of that 
science which, as Oelsus says (do Medic, lib. i. 
Praef.), promises health to the sick, and whose 
object is defined in one of the Hippocratic 
treatises (de Arte, vol. i. p. 7, ed. Kilhn) to be 
" the delivering sick persons from their suffer- 
ings, and the diminishing the violence of diseases, 
and the not undertaking the treatment of those 
who are quite overcome by sickness, as we know 
that medicine is here of no avail." This and 
other definitions of the art and science of Medi- 
cine ara critically examined in Pseudo-Galen 
(Introduct. c. 6, vol. xiv. pp. 686-8, eJ. KUhn). 
The invention of medicine was almost universally 
attributed by the ancients to the gods. (Hippoc. 
de Prisca Media, vol. i. p. 39; Pseudo-Galen, 
Introd, c. i. p. 674 ; Cic. Tuac. Dis, iii. 1 ; Plin. 
H, N, xxix. § 2.) So also in Aeschylus (Pr. 478) 
we have the claim advanced for Prometheus, 
that he first taught men the art of medicine 
both externally applied and as potions, and 
there is a remarkable passage in Pindar (Airni. 
iii. 45) where Aesculapius is taught by Chiron 
the triple art of healing by drugs, incantations, 
and surgical operations. Another source of in- 
formation too was observing the means r«>sorted 
to by animals when labouring under disease. 
Pliny (^. N, viii. § 97) gives many instances in 
which these instinctive efforts taught mankind 
the properties of various plants, and the more 
simple surgical operations. The wild goats of 
Crete pointed out the use of the dictamnus and 
vulnerary herbs ; dogs when indisposed sought 
the triticum repens, and the same animal taught 
the Egyptians the use of ptfrgatives, constitut- 
ing the treatment called syrmslsm. The hippo- 
potamus introduced the practice of bleeding, 
and it is affirmed that the employment of clvsten 
was shown by the ibis. (Compare Pseudo-^alen, 
Introd, c i. p. 675.) Sheep with worms in their 
liver were seen seeking saline substances, and 
cattle affected with dropsy anxiously looked for 
chalybeate waters. We are told (Herod, i. 197 ; 
Strabo, xvi. p. 348) that the Babylonians and 
Chaldaeans had no physicians, and that in cases 
of sickness the patient was carried out and 
exposed on the highway, in order that any of 
the passers-by, who had been affected in a 
similar manner, might give some information 
respecting the means that had afforded them 
relief. (Comp. Plat, de occulte vivendo, § 21.) 
Shortly afterwards, these observations of cures 
were suspended in the temples of the gods, and 
we find that in Egypt the walls of their sanc- 
tuaries were covened with records of this de- 
scription. The priests of Greece adopted the 
same practice, and some of the curious tablets 
suspended in their temples will illustrate the 



MEDIGINA 

custom. The following votive memorials are 
given by Hieron. Mercurialis (de Arte Oymnatt, 
Amstel. 4to. 1672, pp. 2, 3) :— " Some days back 
a certain Cains, who was blind, was ordered by 
an oracle that he should repair to the sacred 
altar and kneel in prayer, then cross from right 
to left, place his five fingera on the altar, then 
raise his hand and cover Us eyes. [He obeyed,] 
and his sight was restored in the pretence of the 
multitude, who congratulated each other that 
such signs [of the omnipotence of the gods] were 
shown in the reign of our emperor Antoninus.** 
"A blind soldier named Valerias Aper vss 
ordered by the oracle to mix the blood of a 
white cock with honey, to make up an ointment 
to be applied to his eyes, for three consecatire 
days: he received his sight, and came and 
returned public thanks to the god." *' Julian 
appeared lost beyond all hope from a spitting of 
blood. The god ordered him to take from the 
altar some seeds of the pine, and to mix them 
with honey, of which mixture he was to eat for 
three days. He was saved, and gave thanks in 
presence of the people." 

With regard to the medical literature of the 
ancients : ^ When " (says Littr^ (Euores am- 
pins ^Hippocratej tome i. Introd. p. 3) ** we 
search into the history of medicine and the 
commencement of science, the fint body of doc- 
trine that we meet with is the collection of 
writings known under the name of the works o( 
Hippocrates. Science mounts up directly to 
that origin, and there stops. Not that it had 
not been cultivated earlier, and had not giren 
rise to even numerous productions ; but ererr- 
thing that had been made before the physicisn 
of Cos has perished. We have only scattered 
and unconnected fragments remaining of them : 
the works of Hippocrates have alone escaped 
destruction; and by a singular circumstance 
there exists a great gap after them, as well u 
before them. The medical works from Hippo- 
crates to the establishment of the school of 
Alexandria, and those of that school itself^ are 
completely lost, except some quotations sod 
passages preserved in the later writers ; so thst 
the writings of Hippocrates remain isoUt<<l 
amongst the ruins of ancient medical literature.' 
The Asclepiadae, to which family Hippocratei 
belonged, were the supposed descendants ot 
Aesculapius (*A9jcX^ios), and were in a manner 
the hereditary physicians of Greece. They pro- 
fessed to have among them certain secrets of the 
medical art, which had been handed down to 
them from their great progenitor, and foaodea 
several medical schools in different parts of the 
world. Galen mentions {de Meth. Med. L 1* 
vol. X. pp. 5, 6) three, via. Rhodes, Cnidos, and 
Cos. The first of these appears soon to hsj^ 
become extinct, and has iett no traces of its 
existence behind. From the second proceeded 
a collection of observations called KWSiot Trmftatf 
"Cnidian Sentences," a work of much reputation 
in early times, which is mentioned by Hipp|^ 
crates (de Rat. Vkt, in Morb. Aad, rol "• 
p. 25), and which appean to have existed in the 
time of Galen (Comment, in Nippocr. lib. cit. 
vol. XV. p. 427). The school of Cos, howerer. i« 
by far the most celebrated, on account of the 
greater number of eminent physicians that 
sprang from it, among whom was the gn«* 
Hippocrates. We learn from Herodotns (n^ 



MEDICV8 

131) tliat Uwn were alio two ctlebntvd iii*dic*l 
^frjU It CratoD* in Ittgm Orscds, and »t 
(>Tti:» JD Afric», of wblch b» njt that tbe 
ItitBtr »u io bii lime more erteemed in Greece 
lbs lor otber, hmI in the next pltce came tbat 
el CinDi. Id lubwquenC timee the medical 
(nifa-iiin wu diTiJeil into dilfcrent Kcti ; but 
1 drl.iiled accooDt of tbeir opinions wonld ba 
«I cl place in the prewnt work. Tba oldait 
ud prr^pa the meet inflaential of theie wets 
r*i ItiBt of tbe Doymalia, fonnded nbimt B.C. 
4*0 l-r TbeHslui, the ion, and Polybm, the ion- 
ai4i> of Hippoerataa, ud thence cilled aljo 
l^ Hippoiratid. Tbew retained their infiuence 
liil the !» of the Enpirici, founded by Serapion 
a Aleondria and Pbilinni of Cox, in the third 
ftnlDTT B-Cf and ao called because thej profeMed 
tn dtrirc their knowledge from txperieace oniv- 
ifler Ibii tima ererj member of the medical 
pnrNioB during a loog period ranged hinuelf 
uorltroBe of thtMtwoMCtt. In the fint centOTf 
KIL, TbemiMin founded the MCt of the Uttliodici, 
■bu btld doctiinea nearly intermediate between 
i^KH of the two lecti slreadf mentioned j and 
»ho, aboot two centnriei later, were enbdivided 
lEto Daaennia aecta, a> the doctrinea of particu- 
lar pb;ueiana bacame more generalJf receired. 
Tit Aid of theae aecta were the Pneamaiici and 
lie IJJftiia ; the farmer founded bv Athenaena 
1^1 Ihe middle or end of the ^rat cecturj 
A.tu; Ihe latter abonl the ume time, either bj 
.([ithintu of Sparta or hii pnpil Archigenei. 
/' It oolr remaina to mention tbe principal 
DKiical anthora after Uippocratea whose worka 
ut Mill eitant, referring for more particalara 
ritpFdiBg their writingi to the articlea in the 
^^■clKiMiry of Butgraphy, Cellna ia aappoaed to 
hiit lira) in the Aognatan ane, and deaerrea to 
>r nBliooed more for the elegance of hit etyle, 
•id Iht Bfatneaa and jndidouaneae of hia com- 
[ililioB, than for anj original contributiDna to 
T» KifBce of Vedicine. Dioacotidee of Aaa- 
urba, who liTed in the Grtt centarj after Christ, 
>u for manT crnturira the greiteat aothoritr 
13 Ulteria Hedica, and wiu almoat a> mucli 
nlncBed aa Galen in MeJieine and Phyiiologj, 
« Ariitotle in Philoaophy. Aretaeoa, who 
[nbablf lind in the time of Nero,ia anintereiC- 
ui[ ud striking writer, both from the elegance 
cJ hit Ungnage and the originality of hia 
"fmm. Caelina Anrelianoa, whoae matter it 
Mtdltat, hnt the atjle quite barbamua. The 
wrt la chronologifal onier, and perhapt the 
DWt laloable. aa he ii certainly by far the moat 
iglgmiumi, of all the medical writera of an- 
liqntr, ii Galen, who reigned lupreme in all 
"latttri relating to medio) science from the 
imrd ralvTj till the commencement of modem 
Inn. After him the only wrilara deserring 
puuoilar notice are Orihaains of Pergamni, 
^litMisB to the tlmperor Julian in the fourth 
aaigiy; utina of Amid*, «ho lired probably 
'> iW tilth century; Alexander Traltia- 
^ who llTed iomethkg later ; and [ 
H'Mta, who belong* to the end o 
"'hUIl [W. a 

HKDICUB lUrpii), the name g^ven 1 
"wall to arery profeawir of the healini, 
■y-W pbyaidan or inrgeon, and accordingly 
™ iinaiona of the medical profeni 
"<* h iadaded under that term. Ic 
"i Alia Minor phpiciana aeem to hare been 



UEDICUS 



1S3 



held in high eateem ; far more >o than at Roma. 
This was at least to some eitent doe t« the 
religiona sense, urrpid) and /larruc^ being re- 
garded as akin (Gnttath. ad It. i. 63), and to 
the apotbeoiia of Aeaculapius, of whom phy- 
sicians apeak aa 6 fiiiirtpoi -rpiyvnt (Plat 
ai/mp. p. 186 A). When we meet such aipret- 
ilona aa that In Athen. it. p. 666 b, tf ni, 
Jarpot faof eitir tui ir rir •jfa^i)iwraciT iimpi- 
Ttpot, the alloaion la to the pedantry of phy- 
aicians after the type ridiculed by Molitre, and 
does not ahow a general deprecintion of their 
claaa. Aelian mentiona one of the laws of 
ZaIeucDS among the Epizepfayrian Loerians, by 
which it was ordered that if any one during hb 
lllnesi ihoald drink wine contrary to tbe orders 
of hia physician, cTtn if he ihould recoTer, he 
ihonld be pat to death for his disobedience 
(Far. Hill. ii. 37); and, according to Mead, 
there are eitant aereral medals itruek by the 
people of Smyrna ia honour of different persons 
belonging to the medical profeaaion {Dimrt. 
dt SuBimii guAatdam a Smyrnatii m Htdiaor. 
Honor, jieramii, 4ta. Lond. 1721). According 
to the Decree of the AtheDiana and the Life of 
Hippocratea by Sorantie (Hippocr. Opera, ml. 
lii. pp. S29, Sb3, ed. Kiihn), the same honours 
were conferred upon that physician as had 
before been giren to Hercules; he was voted a 
golden crown, publicly initiated into the Eieii- 
myiterics, and maintained in the Pryta- 
ipenae. Both theie pieces, 
legendary than historical. 
(Compan Plin. H. N. rii. $ 1S3.) The phy- 
sician made ap bis medicines himself, and either 
sat in hi* tarpiier, which wai both a eonanlting- 
room and a diapeikaary (called also jpywr^pio*, 
Aescbin. iit limareh. § 124), or went a round or 
Tisita (Plat. Lagg. It. 720 C. For theaa lorpew 
cf. Poll. I. 46; Plat. Li^. i. p. t)46 C). Here 
he hjid alao aaaiatanta and apprentices or pupils 
(Plat. Lrg-i. ir. I. c. ; Aeacbin. in nnardi. % 40). 
In the former paaaage the aasiatant docton are 
slarea, on which point cf. Diog. I^ert. ri. SO. 
No doubt slaTes only aa a rule were attended 
by slave doctors, and free men by free, but it is 
noticeable that Plato, when be saye this, qualiHea 
by it M ri rXtinor. When Hyginns, Fab.~ 
" •  '-.hen   



neum at the state's i 



274, says that there w 






Though hospitals 
wnten (Cell, de Utdic. i. praef. tub fin. ; Colom. 
de Re Biat. li. 1, IS ; Sen. Epia. 27, § I) after 
the time of Augnstna [see Vai.KnniiB4BIA^ 
they are never, with one single exception in 




154 



HEDICUS 



MEDIGUS 



performed at all, was discharged by the temples of 
Aetcnlapius, and accordingly the chief places of 
study for medical pupils were the 'AffKKrrritTa, 
or temples of Aesculapius, where the Totire 
tablets furnished them with a collection of 
cases. Hence we find in ancient works of art 
Aesculapius represented as yisiting the sick. 
The Asclepiadae [Medicina] were yery strict 
in examining into and overlooking the cha- 
racter and conduct of their pupils, and the 
famous Hippocratic oath (which, if not drawn 
up by Hippocrates himself, is certainly rery 
ancient) requires to be inserted here as being 
the most curious medical monument of antiquity. 
** I sweiir by Apollo the physician, and Aescu- 
lapius, and Hygeia {ffealth)^ and Panaceia (^/Z- 
heaiy, and all the gods and goddesses, calling 
them to witness that I wiU fulfil, according to 
the best of my power and judgment, this oath 
and written bond : — to honour as my parents 
the master who has taught me this art, and to 
share my substance with him, and to minister 
to all his necessities; to consider his children as 
my own brothers, and to teach them this art 
should they desire to follow it, without remune- 
ration or written bond ; to admit to my lessons, 
my discourses, and all my other teaching, my 
own sons, and those of my tutor, and those who 
have been inscribed as pupils and have taken 
the medical oath ; but no one else. I will 
prescribe such regimen as may be for the benefit 
of my patients, according to the best of my 
power and judgment, and preserve them from 
anything hurtful and mischievous. I will never, 
if asked, administer poison, nor be the author of 
such advicp ; neither will I give to a woman a 
pessary to produce abortion. I will maintain 
the purity and integrity both of my conduct 
and of my art. I will not cut any one for 
the stone, but will leave the operation to those 
who cultivate it. Into whatever dwellings 1 
may go, I will enter them for the benefit of the 
sick, abstaining from all mischief and corruption, 
especially from any immodest action, towards 
women or meii, freemen or slaves. If during 
my attendance, or even uuprofessionally in 
common life, I happen to see or hear of any- 
thing which should not be revealed, I will con- 
sider it a secret not to be divulged. May I, if 
I observe this oath, and do not break it, enjoy 
good success in life, and in [the practice of] my 
art, and be esteemed for ever ; should I trans- 
gress and become s perjurer, may the reverse be 
my lot." 

Some idea of the income of a physician in 
those times may be formed from the £sct men- 
tioned by Herodotus (iii. 131) that the Acgine- 
tans (about the year B.C. 532) paid Democedes 
from the public treasury one talent per annum 
for his services, i.e. (if we reckon the Aeginetan 
drachma to be worth Is.) not quite 304/. ; he 
afterwards received from the Athenians one 
hundred minae, i.e. (reckoning the Attic drachma 
to be worth 9|^.) rather more than 406/., and 
he was finally attracted to Samoa by being 
offered by Polycrates a salary of two talents, i.«. 
(if the Attic standard be meant) about 422/. 
Valckenaer doubts the accuracy of this state- 
ment of Herodotus with respect to the Aeginetans 
ftnd Athenians, but we have no right to reject 
it, and it is accepted as true by Bc«ckb {Staatt- 
konuh. i* 153). A physician, called by Pliny both 



Erasistratus (J9r. N. xziz. § 5) and Cleombrotos 
{H. N, vii. § 123), is said by him to ha\'e re- 
ceived one hundred talents, i.e. considerab)^ 
over 20,000/., for curing king Antiochas. 

State physicians were employed in Greece 
(from Democedes downwards). They were 
selected on the ground of knowledge evidenced 
in their private practice (Xen. Mem, ir. 2, 5 \ 
Plat. Oorg, 455 B, 514 D). In Plat. Polit. 
p. 259 A we see them distinguished from those 
who practised privately: their practice and 
official status are described by the word htfUf 
(Tic^ciy specially applied to them, and in their 
public capacity they received salary but took 
no fees (Aristoph. Av. 587 ; Achtum. 994) ; their 
expenses, however, were paid besides their 
salary, and they received public honours for 
distinguished service ((7. /. A. ii. 256, p. 424). 
It appears from Diod. xii. 13 that they attended 
gratis any one who applied to them, and it is at 
least probable that they were bound to gire 
their services on military expeditions. From 
Aristoph. Flut 407 it appears that io thst 
period of depression at Athens the office was dis- 
continued from motives of economy. [W. A. G.] 

As regards the rise and progress of the 
medical profession at Rome, we mnst distingaish 
between the slaves skilled in medicine, who 
were kept in the larger households, and the 
physician in general practice. The former, no 
doubt, came earlier in date, and those who 
could afford skilled slaves for medical treatment 
already employed them, when for the inasso 
there was no practising physician: but in the 
jet earlier times for all alike, and fur the 
general public to a comparatively late period, 
the treatment of 'sickness was by. traditional 
family recipes, partly founded on experience, 
partly on superstition, the Romans being for the 
most part, as late as the 600th year of the city 
(according to Pliny, J£, N. xix. § 11), "sine 
medicis nee tamen sine medicina." A little 
earlier however than this (B.G. 219), says Plioy 
on the authority of Cassius Hemina, the first 
professed physician, the Greek Archsgathoi, 
came to Kome. He was made a citizen and 
started in a shop at the public expense (Plin. 
xxix. § 12): but his treatment was unpopular 
from its heroic method, *^a saevitia secsndi 
urendique." There was much opposition, for 
the Romans regarded with suspicion the skill of 
the foreigners, and shunned the calliog them- 
selves as a degradation. Cato, who still held to 
the old custom, and used a family manual of 
medicine {ammimtarhtm), ** quo mederetcr filw, 
servis et fiuniliaribus," strongly opposed the 
whole class of medici, against whom he warns : 
his son, as banded together to kill Romaa 
citizens. In Plautus {Menaechnu v. 1) we hsrc 
perhaps evidence of the same mistrust and con- 
tempt ; but it is never possible to assume that 
the customs and sentiments described in FUutai i 
are Roman rather than Greek. ''^ 



°1j 



Gradually however, after the time of Arch; 
gathus, the number of foreign physicians in 
Rome increased, alike those in private hooscii 
who were either slaves (cf. Suet. AVr. 2) or 
freedmen, and those who had general practice. 
As a household physician of this kind we losy 
instance Strato from the Quentma of Cicero (63| 
176). We have the price of a slave phjsiciaa 
fixed at 60 fo/iili (Just. Cod, vii. 7, 1, 5). The 



MEDIGU8 



MEGALE8IA 



155 



prutinn^ phyttciftOB at Rome w«re nearly all 
of tlic fnedman class (see the ioscriptions cited 
by Msrqnaidt, PrivaMen^ p. 772). They bad 
booUtt {tdbcmae)f where they practised with 
slsTH or freadmen aa their asslstanta and pupils, 
vhom they took about with them in their visits 
{MuU T. 9). Few Romans took up the pro- 
ksuaa (though we hear of Vettias Valens, a 
Bu of equestrian rank in the reign of Claudius) ; 
•ad Julius Caesar, arowedly to encourage their 
Rsidenoe, gare the citizenship to foreign phy- 
Mui» (Suet. Jul, 42), with the result which 
ke desired. 

AffioDg j^yricians who seem to have risen to 
(prater repute we have Asdepiades of Prusa 
(Cic deOr.i. 14, 62 ; cf. Plin. H. N. vii. § 124) ; 
Jbc)apo of Patrae, whom Cicero treated as a 
fricod (Qc ad Fam. ziiL 20) ; Alexio, for whom 
he seems to have had even greater regard (ad 
Att. XV. 1); Antonius Musa, the freedman and 
tnsted physician of Augustus (Suet. Aug. 59 ; 
rf. Hor. Ep, i. 15, 3) ; M. Artorius (Veil. Pat. 
iL 70, 1 ; Pint. Brut. 41) ; A. .Cornelius Celsus, 
wbo wrote a medical treatise under Tiberius; 
Eodemus CTac Arm. iv. 3), &c. 

The professional gains of physicians under the 

Empire seem often to have been large : we are 

toU of dtertinios by private practice making 

Dore than 5,000/. a year, and the surgeon 

Aleon amassing a fortune of nearly 100,000/. by 

s few years' practioe in Gaul (Plin. H. N. xxix. 

$§7,22; cf. Mart. xi. 84). Regular medical 

posU were instituted with large appointments : 

ss ooQTt physicians with salaries varying from 

250.000 to 500,000 H.S. (Plin. /. o.) ; as doctors 

fcr the army, for gladiatorial schools (C /. X. 

Tl 10171), aod for the poorer public [Abchi- 

xteb}, Apart from these state appointments 

tbe practioe waa entirely free from control or 

tniaiDg : as a rule probably the training was 

^sed by the sort of apprenticeship to some 

nelicus described above, but anyone was at 

liberty to practise, and, in the words of Pliny, 

"^xperimcnta per mortes facere"; ignorance 

VM not, as in our country, penal, aud hence 

''medico hominem occidtsse summa impunitas '* 

(Plin. XXIX. § 18> 

Besides the archiatri at Rome itself (one 
f* each region), there were by order of An- 
t^iiDos Pius in each city of Asia Minor state 
pOTticians (paid by the state, with immunity 
from taxes), in numbers varying from five to 
t«a according to the size of the town (Dig. 
-''> 1* 6, S 2; 59, 9, 1; see Friedl'ander, ui. 
^* ^^ We can trace specialist physicians also, 
>Qeb u the oculist {ocularitu or ab ocults), the 
taiist {aunnu$y (Orelli, 4228, 2983 ; C. I. L. 
^ 6192; 8908.) The profession of dentist is 
ia>}ilied st a very early date by the remarkable 
^itrKt from the XII. Tables in Cic. de Leg. ii. 
^^» 60, relating to teeth stopped with gold. 
(See farther Mart. s« 56.) We may also notice 
^ female doctors (medical) for attendance on 
*«BCB, apparently distinct from midwives (ob- 
it trion), ue found in many inscriptions (see 
Mwqmrdt, op. at. 779). 

A> rcgsrds army doctors among the Greeks, 
^ fiad them in the heroic age when the Uftfihs 
*^ ia voAAvr irrd^ios &AAi#r. It would 
'F^ from Homer, II, xvL 28, that there were 
*Ter^; perhaps, as some suggest, each con- 
gest bad an hfrp^* Ia hiatoriod times we 



may learn something of their presence from 
Xenophon, Anah. iii. 4, 30 ; Cyrop, i. 6, 16, iii. 2, 
12, V. 4, 17. Perhaps, as Dr. Hager suggests 
{Joum, of Philology, vol. viii. No. 15), the hrnx6- 
(not, len-pol had to accompany the army, as was 
the case in Egyptian armies (Diod. i. 82). [For 
Roman army doctors, see ExERcrruB, Vol. I. 
p. 802 6; for quack doctors, Pharmaoopola ; 
for hospitals, VALfifUDiNABiA ; for surgeons, 
Chirubgia ; and see also the articles Archiateb, 
IatiG^phista.] 

(For this article and the preceding, reference 
may be made, besides the ancient Authorities, to 
Becker-GOll, Chankles, iii. 48 ff. ; Oallus, ii. 139 
ff. ; Marquardt, Privatlebeny 772 ff. ; Mahaffy, 
Social Life in Qreece, 2^0 ; Daremberg, Hist de 
la M^decine^ ch. i. ; Vercoutre, La Medecine 
dans fantiq., Sevue Arch^,, 1880 ; Friedliinder, 
Sittengeschickte, i.> 298 ff.) [0. E. M.] 

MEDIMNUS Qi49ifiyos or /U^t/iyos ffirrip6s)y 
the principal dry measure of the Greeks. It 
was used especially for measuring coin. It 
contained 6 hides, 12 hemiecta, 4Q choenices, 96 
xestae (sex/an't), 192 co^y/ae, and' 1152 cyathi. 
The Attic medimnus was equal to six Roman 
modii, or two amphorae (Nepos, Att. 2 ; Cic. in 
Verr. iii. 42, 110; 49, 116)=52-53 litres, and 
therefore the Attic medimnus contained nearly 
12 imperial gallons (11*556 gallons) or If 
bushel. The Aeginetan and Ptolemaic were 
about half as much again, or in the ratio of 3 : 2 
to the Attic; the Aeginetan being = 72*7 
litres, the Ptolemaic =78-8 (Hultsch, p. 505). 
The Sicilian was equal to the Attic. For the 
values of the subdivisions of the medimnus, see 
the Tables. (Hultech, Metrologie, pp. 104, 503 ; 
Mensura.) The symbol in Greek MSS. for 
medimnus was M*. (Hultsch, Metrol. Script. L 
170). [P. S.] [G. E. M.] 

MEDITRINAXIA, a festival on October 
11th in honour of Meditrina, the old Roman 
goddess of healing (cp. Varro, X. L. vi. 21 ; 
Fest. s. v.). On this day, when the new wine 
{mustwn) was tasted, it was the custom to pour 
a libation with the prayer that the wine might 
have health-giving powers, " novum vetus vinum 
bibo, novo veteri vino morbo medeor." Accord- 
ing to the Calendar of Amitemum it was " feriae 
Jovi," and perhaps a libation was poured to him 
as the god of the prosperity (solus) of the state, 
as well as to Meditrina, with whose healing 
power the festival was identified. We may 
compare the prayer used at the TiBoiyittf. 
**it$Ka$ri iral trurfipiov rov ^apjudKov XP^^^ 
y9¥4<r$at ;" and also the primitiae pomorum, Plin. 
IL N. xxviii. § 23. (Preller, Rom. Myth. 
pp. 175, 594; Marquardt, Staatsx>erw. iiL 
584.) [L.S.1 [G. E.M.] 

MEGALE'SIA, MEGALENSIA, or ME- 
GALEN SES LUDI. It is important to mark 
the distinction between the celebration of this 
festival under the Kepublic, and its later de- 
velopment under the Empire. We find it early 
in the 2nd century B.C. celebrated at Rome in 
the month of April and in honour of the great 
mother of the gods (Cybele, /iiC7dXi7 BUi, whence 
the festival derived its name ; Cic. de Harusp. 
Mesp. 12, 24). The sacred stone representing 
the goddess was brought to Rome from Pessinua 
in the year 204 B.C., and the day of its arrival 
was solemnised with a magnificent procession, 
lectistemia, and games, and great numbers of 



156 



MEGALESIA 



people carried presents to the goddess, whose 
temporary resting-place was the temple of 
Victory on the Pidatine. (Varro, L^ L, vi. 15 ; 
LiY. xxix. 14.) The celebration of the Mega- 
ksia, however, did not begin till ten years later 
(ld4B.C.),and the temple which had been vowed 
and ordered to be built in 204 &c. was com- 
pleted and dedicated by M. Junius Brutus (Liv. 
xxxvi. 36) on April 10, B.C. 191, after which 
time the celebration was annual. The temple 
{Matris Magnae Idaeae) was on the Palatine, a 
position within the pomoerium, which, as Mar- 
quardt points out, shows that she was not re- 
garded as a foreign deity : she came from Ida, 
the home of their race. The rites were origin- 
ally under the charge of a Phrygian priest and 
priestess (Dionys. ii. 19) ; but the numbers were 
afterwards greatly increased, and we find an 
archigaUus at their head, as chief priest, and a 
iooeriios maxima matris^ as chief priestess, men- 
^ tioned hi numerous ioscriptions. (See Marquardt, ' 
Staatsveno. iii. 368, note 6.) These archigalli 
bear Roman names ; but the ordinary galli were 
foreigners. The priestly dress is a mitra (Pro- 
pert. V. 7, 61), a veil, a necklace (occa6tis), and 
a purple dress : a small image of the goddess 
or of Attis in an aedunUa was suspended at his 
breast : in his hand he bore a basket of fruit, 
cymbab, and flutes. The festival lasted for six 
days, beginning on the 4th of April (reading' 
Prid. Non. in Liv. xiix. 14, according to the 
Cal. Praen.). The season of this festival, like 
that of the whole month in which it took place, 
was full of general rejoicings and feasting. It 
was customary for the Patricians on this occa- 
sion to invite one another to their repasts 
(mutitare), and the extravagance was such, that 
a senatusconsultum was issued in 161 B.C., pre- 
scribing that no one should go beyond a certain 
extent of expenditure. (Gellius, ii. 24; com- 
pare xviii. 2.) 

The games which were held at the Megalesia 
were scenic, but there is some indication that 
they were also circenaes (Mommsen, C, I. L. i. 391). 
They were at first held on the Palatine in front 
of the temple of the goddess, but afterwards also 
in the theatres. (Cic. de Haruap, Reap. 11, &c.) 
The day which was especially set apart for the 
performance of scenic plays was the third of the 
festival. (Ovid. Fa$t, iv. 377; Ael. Spartian. 
Anionin, Carac. c. 6.) We know that four of 
the extant plays of Terence were performed at 
the Megalesia. Cicero (de Hanup. Resp* 12, 24), 
probably contrasting the games of the Megalesia 
with the more rude and barbarous games and 
exhibitions of the circus, calls them maxime 
castif solemndSf religiwi: they were under the 
superintendence of the curule aediles (Liv. xxxiv. 
54), till in B.C. 22 Augustus took the cura 
ludorum from the aediles and gave it to the 
praetor. The procession of galli, which began 
the festival (Ovid. Fast, iv. 179 ff.), bore the 
sacred image in a chariot through the city. 
The priests sang Greek hymns and collected 
coins from the people as they went (Cic. de Leg, 
ii. 16, 40): the passage in Lucret. ii. 618 ff. 
describes the procession. 

Under the Empire there was a great increase 
in the ceremonial, which took a new character, 
more Eastern, and more elaborately symbolical. 
In its first observance it was a thanksgiving for 
the aid granted in the Second Punic War, and a 



MEGALESIA 

time of feasting and theatrical shows for the 
patrician houses. In its later form Cybele re- 
presents the earth and fruitful ness, and it is 
recollected that the year of her entry was marked 
by great plenty (Plin. N, H. xviii. § 16). Attii 
represents the sun, and in this sun-myth it is 
observed by Macrobius (L 21, 7) that the day of 
rejoicing {Hilarid) is that day when the sun 
begins to make the day longer than the night. 
The tendency to adopt the full Phrygian rites 
instead of the simpler rites first introduMd may 
perhaps be beginning when Lucretius (/. c.) and 
Catullus take up the subject, and it appears from 
inscriptions that the Phrygian rites existed 
earlier in South Italy (see Preller, Mom. Myth, 
p. 736) : but they were not fully celebrated 
under the Republic, and perhaps not before the 
time of Claudius. Preller notes that the first 
mention of the March ceremonies is in Lucso, i. 
599 (cf. Suet. Oth. 8). The festival so developed 
began on March 15, which day stands in the 
Calendar as canna nUraty because there was tbeo 
a pro<»Kiion of men and women bearing reeds, 
which were sacred to Attis. There is some 
allusion to Attis hiding himself among reed^, 
and being there discovered by Cybele. There 
were colleges of Cunnophori or Cannofori in 
several places, the heads of whjch are called 
pater and mater. Inscriptions about them hsre 
been found at Locri, Ostia, Milan, &c. (C. /. L. 
X. 24; V. 5850). They have aonletimes been 
confused with Kotni^pot. On March 22 vss 
the day of Arbor intrat, when the sacred pine 
of Attis (Ovid. Met. x. 103) was borne to the 
temple of Cybele on the Palatine. The pine 
was hung with wool and with violet crowns 
(Arnob. v. 16). For this service there wsi s 
coUegiwn dendrophororum Matris Magnae (C /. l- 
vi. 641). March 24 was Dies aangum'S, on 
which, to commemorate the wounds of Attis, the 
archigalltu cut his arm with a knife ; it wss a 
fast and a day of mourning (Mart. xi. 84 ; Arnob. 
/. 0.) : on March 25 was the day of rejoicing 
(Biiand), a great festival (Lamprid. Aiex, Scr. 
37 ; Macrob. /. c.) ; and, finally, on March 27 
a procession of priests bore the sacred image on 
a chariot down to the Almo (Mart. iii. 47 ; Sii. 
Ital. viii. 365), to wash it in the place where the 
Almo joins the Tiber near the Ostian road, half s 
mile from the walls (Bum's Rome and Campagnu 
p. 329). The image was the sacred black stone 
(Preller suggests a meteorite), to which a femsle 
head of silver was added. The ceremonies ended 
with a general carnival. The Ludi Megalenses 
of the original Megalesia, ludi scenici and lodi 
circenses, were as before for seven dsys, from 
April 4 to April 10. It should be noted 
that the bathing of the goddess was not sn 
entirely new ceremony, since Ovid mentions it 
as belonging to her first entry, and we hesr sl$o 
of the image l«ing bathed in the sea by order of 
the Sibylline books in the year B.C. 38 (DioCsss. 
xlviii. 43) ; but this was an exceptional case, spd 
there is no trace of the annual March cereroonie* 
under the Republic. The ceremonies Isstcd till s 
late period in various places. Marquardt cites s 
passage from Gregory of Tours, who says thst 
Simplicius (in the 5th century) saw the proces- 
sion of the image at Autun, with the sttendsnts 
singing and playing before it pro talvatioftf 
agronen ac vineantm. (See further on this 
subject Preller, Mm. Myth, pp. 448 ff »^ 



MEL1TEN8IS TESTIS 

735 B., and Muqoardt, Staabttraialiung, 
If. 367-37*, where s nun of anthoritie* from 
udent Kiitcn aod insciipCioDs i( ciTtD in the 
B«»i) [L, S.] [G. E. M.l 

M£LITENSIS VESTIS, > ipcciallf fint 
ml lurt outirial for dreiMi and the conring 
M toDchet nude it UklM, a r«lic probmblf of 
t^ Phocikicuai, who coloniKj it. Diodonu 
(t. 12, 3} nji that the inhahitent* were good 
ii ill indiutTitt, ind particnUily in manufic- 
laring iSitna Avie^i jfri mJ /ioAavifTYTt 814- 
rpini (c£ Hoych. L D. HeAiTara> iaian{^Orig. 
la. i% 21) apeaki of  ttxtrmmt ad nmtiebnai 
xBi£m maJKiemiani^ and the lame material ii 
•poleBof w * loion-in Cic. Verr. ii, 72, ITfi; 
74. 183. Thii givea protability to the ruding 
JdUniH is Lncret. iT. 1129. [G. E. U,] 

HELLEIBEN Ou^fXpi*). [Eirbh.] 

XEHBBA'NA. [luas, p. 58.] 

MENBLAEIA Ou»A<l*ia, Hcijch. 1.1.), a 
faiinl cclebnited U Thenpnae in Laconia, in 
MUiuaf Uenclaui and Helen, vho were beliered 
u, bt bminl there. (Fani. iii. 1», 9 ; Uocr. 
Slla. EHamt. 1 61.) 

Though, bowcTBT, UcncUiu ww auoclatMl in 
iltii wonbip, and the fntiTal oanneclcd with 
Uk plan a* (tat«d aboTe aometimM bean hii 
ume, it i* a .qutation whether the 'EA/nia ii 
cDi tkc name onder which the gnat fertlTal of 
Thenpoa* ihonld be known. In divine hononn 
Helen wa* certainlj the prominent fignre, re- 
Eudcd aa a goddeas of dawn ; and, farther, aa 
UK bcttowar ef grace and beauty on children 
(Qtrod. Ti. Gl). We have no detcriptioD of the 
trjaitU rites for Henelang ; but there is mention 
if a pTDoaiaion of Spartan maidens to Therspnae 
11 keooor of Helen. Thej drore in the cariiagea 
»th wicker tilts called tirraSpa or xiraSpa 
(Haych.tr.> [CiHiTHBON,] See also Preller, 



lEENSA (Tfxln^aX a talle. "the aimplut 
titd of table waa one with thres legs, ronnd, 
aU<ddlI2a(P«atQa,(.v.; Vano, Z. £. r. 118: 
d. Uor. Sat. i. 3, 13 ; Otid. Jitt. Till. 662 ; Xeu. 
i*^ TiL 3, } 10). It ia ahown in the drinking- 
Ms> paiBtad on the wall of a wine-shop 
at Pompeii. 
(Gell's }•««- 
peutna, 1832. 
ToL ii. p. U.i 
(See woodcnt.) 
It often had 




{Itini) of each guest • 
pland to rtcdr* hii portion 



beside the i 



ii portion of food, which was 
"t op on the largo drewer (fXtsi). The table 
>ia jo-otab]} then, aa in later lime* when the 
■n CDMOB of small tablea prevuled, lower 
I^ the Kit, aa ia seen in the raae-paintlag 
Wn. (Se- alao Ce!I1, Vol. I. p. 3H.) The 
'•nar^fca, though commonly used in Greek 
Ih liable 01 any kind, muit, according toitaety- 
b^IbC hai! denoted Driginally a fonr-ltgged 
ULIt. Aucrdingl^, in painting* on raft*, the 
U^ sii ni lally npreseatad with four Uga, af 




pi. 59.) Horace naed 1 

white marbl*, thus c „ _ 

economy (Sal. L 6, 16). For the houses of ^ 
the opulent, table* nor* made of the most Tal lia- 
ble and beautiful kinds of wood, especially of 
maple (r^trtaiwlrri, Atbea. ii. p. 47 d; actrna, 
Hor. Sat. ii. 6, 10; Mart. lir. SO), or of ths 
citras of Africa, which waa a species of cypress, 
Che Thuja amcalala at tbt Atlas range. (Citrta, 
Cic Vtrr. ir. 17, 37; Mart. ii. 43, liT. 89; 
Plin. B. N. liii. %% 91-99.) For this purpose 
the RomaoB made ut* of the root* and tubers of 
the tree, which, when cut, displayed the grealeit 
variety of spots, beautiful wares, and curling 
reins. These were called tiorAiiie or 
according to the marks on them, or 1 



ii (.r. 1 



re compared 

 HI, Mart. 

tablea so 

i pounds. 

'.able 



xir. 85> The finest specimana of t 
adorned were lold Ibr many thonaai ' 
Pliny ('■<:.) mentions such prices i 
bought by Cicero for 500,000 m 
Asinius Pollio for a million (= about B,aOOf.). 

One of ths principel improTemeata waa the 
inTcntion of the monopaiiam, a round table 
(piiia) supported by a single foot; this with 
other kinds of eipeniive and elabarate fumitura 
waa introduced into Some fhim Asia Minor by 
Cn. Manlios after the war with Antiochoa, ao. 
187 (Plin. H. S. mir. g 14; cf. Lir. mil. 6). 
The value of these orbit, which were sections of 
the trunk of the tree, depended 00 their use. 
Pliny (liii. g 93) mentions a* renarksbl* the 
table of Ptolemy, king of Mauretaaia, 4^ feet in 
diameter, but of two joined piece* ; that of 
Nomius, a freedman of Tiiieriaa, 3 ft. lltin.; 
and that of Tiberius, 4 tt. 2 In. in diameUr. 
These orbta were often supported on ivory feet 
(Jur. Ii. 122 : Mart. ii. 43, ii. S3). Sometimes 
the citruB or maple waa only a veneering (Plin. 
Tables were also made of metal, 
73) or gold (Mart. iii. 31; 
perhaps overlaid with plates of gold). From 
the fashion of round tables came that of arrang- 
ing the lecti *o aa to form a continuous crtsceot* 
shaped coach called ligma, frotn the form c of 
that letter (tigma was the couch, not the table), 
also called ilibaSuni and acciAitum (Mart, i. 48 ; 
liv. 87). (ForfurtherdescripHon of the arrange- 
ment of table and coaches, see TsiCLnnUM ; for 
mmne Dtlphicae,ie» JiBiCHS.} The tables among 
the Greeks, and nntil later times smong the 
Romans, were not covered by cloths, which only 
came into ose about Domitian'i time rMANTELEj. 
They were cleansed by wet iponges (Horn. Ud. 1. 



tiiii. § 146). 



158 



BfENSABn 



HEN8UBA 



111, XX. 151; cf. Mirt. xiv. 144), for which 
purpose the Romans also used a thick cloth with 
a woolly nap (gausape^ Hor. Sat, ii. 8, 11). 

^mong the Greeks the small tables described 
above were removed bodily with their coarse of 
dishes on them (Athen. ii. p. 60 b, v. p. 150 a), 
whence the phrase wpArcu, de^cpoi rpdT€(ai, 
which answer to the Latin oena prtma^ &c As 
the board of the Greek table is sometimes called 
by a distinct name, MBfifut (Athen. ii. p. 49 a ; 
Pollux, X. 81), it appears that it was sometimes 
separate from the tripod or other stand (iriXA.t/3as) 
on which it was set. The Roman practice, how- 
ever, was to bring in the courses (fercula or 
misstts) on trays (repositoria)^ which were set 
down on the mensa. Such phrases as mensas 
removere, kc. (Verg. Aen, i. 216, &c.) mean the 
conclusion of the meal ; and the phrase mensae 
a^cumfotf means not *' second coarse," but dessert, 
which was regarded as a break in the entertain- 
ment, and came after the offering to the Lares, 
which was the Roman grace afler meat. [See 
Ckna, Vol. I. p. 396 6 ; Larabium.] 

The name of rpdrt^a or mensa was also given 
to a flat tombstone (Cic. de Leg. ii. 26, 66). Of 
mensae sacrae in the temples there were two 
sorts : (i.) a sort of subsidiary altar set before 
the image in the cella, to receive offerings of 
fruit, flowers, coins, &c., so that in inscriptions 
we find dedication of ** ara et mensa " (C /. L. 
X. 205) ; and (ii.) mensae anclabres, tables about 
the temple upon which vessels, &c., required in 
the sacred rites might be placed, like credence 
tables (Marquardt, Staatsverw. iii. 165). Like 
the former kind were the mensae curioUeSy for the 
offerings (to Juno Caritis especially) by the 
Flamen curialis in each curia. (For the mer- 
cantile sense, see Aroemtakii ; and, for further 
description of mensae and rpdw^Cau, Becker-GOll, 
CharikkSy iii. p. 81 ; OalluSy ii. 350 ; Marquardt, 
FrivatM)en, p. 723; Mayor's notes on Juv. i. 
137.) [J. Y.] [G. E.M.] 

MENS'ARn. [ABOBNTARn.] 

MENSIS. [Calendabiux.] 

MENSO'BES, measurers or surveyors. This 
name was applied to various classes of persons 
whose occupation was the measurement of 
things. 

1. To land - surveyors who measured and 
defined the extent of fields, apparently the 
same as the agrimensores (Colnm. v. 1, 2; 
Ov. JM. i. 136 ; Agrimensorbs). 

2. To military ofiScers, who had a twofold 
duty, as measurers of the ground for a camp, 
and measurers of com for the troops, unless 
indeed they were two distinct classes of officers, 
(i.) As measurers of the ground for the camp 
(Veget. B, Mil* ii. 7) they were usually called 
metatores (Cic. PhiL xi. 5, 12; xiv. 4, 10). 
[Oasxra, Vol. L p. 372 6.] They were a kind 
of quartermaster-general, and thus provided 
quarters for the soldiers in the towns through 
which they passed, and where they made a 
temporary stay (Cod. Theod. 6, 34, 1 ; 7, 8, 4.) 
(ii.) In military inscriptions we find mensor 
fntmenti (Orelli, Inscr, No. 3523), and some- 
times simply mensor (OreUi, 3473; Uenzen, 
6820 ; Marquardt, Mm, Staatsverw. ii. p. 536 ; 
Walter, Gesch, d. ROm, Rechts, § 343). 

3. Mensores frumentarii was the name of 
ofllcers who had to measure the com which was 
conveyed up the Tiber for the public granaries 



(Dig. 27, 1, 26; ihensores Portuenses,' Cod. 
Theod. 14» 4, 9 ; 14, 15, 1). They were stationed 
in the port of Ostia, and were employed under 
the praefectus annonae. Their title is men- 
tioned in several ancient inscriptions (Cbrpuf 
mensorum frtunentariorum Ostienaium, Henzen, 
7194; mensores frtanentarii Cereris Avgustae, 
Orelli, 4190). 

4. if«fifor0S aedifieiorumy sometimea applied to 
architects, or more especially to such architects 
as condacted the erection of public buildings, 
the plans of which had been drawn up by other 
architects (Plin. JSp. x. 19 (28), 5 ; x. 20 (29% 
3). [L. S.] [W. S.] 

ME'NSTRUUM. [Sebvtts.] 

MENSU'BA (jiirpov). The simplest and pro- 
bably most primitive measures are those derived 
from the various parts of the human body. Such 
was the view of the ancients themselves (cf. 
Heron Alexandr. Ta6., rk fUrpa 4^*vfnitmu 4^ 
ki^pwrtlwv IimX&v ifyotw ScucrvAov acorSvAov 
iroA.oio'roi; aviBt^i^s vfix^tfs fififueros ipyvtis 
jcal Xoivvv; Vitruv. iii. 1, 5, *< mensurarDin 
rationes ... ex corporis membris coUegeraDt, 
uti digitum palmum pedem cubitam "). Amon^ 
primitive and unmixed races, where all live 
under the same conditions, idiosyncrasies of 
stature are rare, and consequently the averag* 
sized foot will give a standard sufficiently accu- 
rate for all their purposes. When, boweTer, 
peoples of different stocks come into contact, 
and different modes of life may cause differences 
in stature among the various classes of a single 
community, many variations of the foot or 
cubit will naturally be found. 

The growth of the arts of civilisation will 
require greater accuracy in measurements of 
various kinds : accordingly the interrelations of 
various standards will be carefully ascertained 
by the use of some small natural object of uni* 
form size, such as the barleycorn of the English 
system. Finally, with the advance of science, 
efforts will be made to get some more general 
units fixed with great accuracy, and probablr to 
bring those into relation with the measures o( 
capacity and standards of weight. 

Measures of capacity are probably first ob* 
taiued from natural products of a uniform an. 
The Hebrews and ancient Irish employed the 
hen's egg as their unit ; at Zanzibar a smsll 
gourd is now employed as a general unit ; and 
the Chinese use the joints of the bamboo in a 
similar fashion. The Boman cochlear (from 
cochlea^ ** a mussel **), their smallest measure of 
capacity, and possibly the k^oBos of the Greeks 
(which perhaps originally meant '<a gourd''), 
indicate a like origin for standards of capacity. 
It is natural to expect many local variations io 
snch measures, and it is only a strong centralised 
government which can introduce some nnirersal 
standards, such as those established in this cooo- 
try by the Act of 1824. Of such regulation of 
standards in ancient times we have examples ^^ 
the case of Pheidon of Argos, who, according to 
Herodotus, fixed the standard measures used by 
the Peloponnesians (roi; rk iiirpa mtlfiorroi 
ncXoToynjo'/oio'i, vi. 127); in SoloE,who fixed 
the standards of weights and measur«e at Athens 
(JDecret, ap, Andocid. 11, 25, vif^ms XP^^ 
Totf T^Xmvos ical fih-pois md ffraB^Ufoii X"^ '** 
Augustus at Rome. It is possiUe that at 
such a time an effort may be made to fix certain 



t 



MEN8USA 



MENSUBA 



159 



rtlttisni betvMn the stasdardi of length, cspa- 
du, tod weight. 

tb« Tables at the end of the Yolume give a 
geaenl ri^w of the Tariona sjstema of meaaurea 
cf the aacienta, setting forth as accurately as 
pooible their value, according to modem stan- 
dardi. The following pages give a more 
detailed account of the different systems. A 
li^ mass of valuable information has reached 
C5 from the ancient metrologists, whose frag- 
oeaU have been collected hj Hultsch (Hetrih 
hjicunan Scriptontm r^iqmae^ Leipzig, 1864-6). 
The ubles named after Heron, an iJezandrine 
Buihematiciany are of especial value, although 
they are proUU>ly of various dates ; whilst the 
excerpts from the ancient lexicographers, such 
u PjUox, afford much important information. 

The German metrologists have assumed that 
th« Greeks and Romans, who derived theirs 
frosD the Greeks, borrowed their standards from 
the East : one school, that of Brandis and Hultsch, 
dehiin^ than from the Chaldaeans, whilst that 
ot'Lepsias derives not merely the Greek, but also 
the Cbaldaean from Egypt, although both alike 
admit the ultimate origin to be the parts of the 
hunaa body. It is therefore a question worth 
considering how £ar like conditions of develop- 
meat may not have produced the close general 
approximation between the various systems. 

Whilst admitting that measures of length 
vcre bssed on the parts of the human body, the 
Gcrmaa metrologists have sought outside Greece 
far the standards there in use. One school — 
that of Brandis and Hultsch — consider the 
iUadards of measures and weights to have been 
iaTcnted by the Chaldaeans : the other school — 
that of Lepsius (^LSngennuuae der Alien) — ^makes 
ue Greeks to have borrowed their systems 
from the Egyptians. The latter had two 
cabita, one bued on the average length of the 
£(rc-ann of a full-grown man, from the point 
«f tiie elbow to the tip of the middle finger. 
This was fixed at 0*450 metre. Beside it was 
«z»ther cubit, evidently of later construction, 
vhicfa was about one-sixth larger than the 
utoral cubit. The fact that it varies so much 
irxm nature shows that it is later in point of 
^i». It may be fixed at 0*525 metre. This 
dbit i» found not only in Egypt and iii Pales- 
tijtt, bttt also in the regions of the Euphrates 
aai Penia, although in the latter cases some- 
what raised, as it may be fixed at about 0*532 
metre. la both Egypt and Mesopotamia it is 
ollt-i the rojfoi cubit, as we learn in the one 
<a*e from the inscriptions on the measuring- 
Ms. which have survived ; in the other from 
th« testimony of Herodotus (i. 178). Whilst the 
tt^val cubit was used for the general purposes 
<>f life, according to Lepsius the royal cubit was 
ezdwrely used in building. It would seem, 
Itowercr, that our data are not yet sufficient to 
«^le as to decide whether the Egyptians bor- 
rcTfd the royal cubit from the peoples of the 
^l^hrates, or whether the latter borrowed it from 
^ E{yptians. If the Egyptians came from Asia 
>at6 the Nile Valley (as supposed by the best 
^»^an authorities), there is no reason why they 
<^oaU not have brought the royal ell with them 
&'« their early home. The Egyptian cubit 
«tt rabdinded into six palmSf each containing 
^^ ptjers. But at Babylon the sexagesimal 
■jitca influenced the subdivision of the cubit. 



The Glialdaeans made the cubit consist of six 
handsj each of which contained fiYe fingers. The 
royal cubit thus contained thirty fingers, accord- 
ing to Lepsius. But there can be little doubt 
that Lepsius is wrong. Dtfrpfeld {MiUhea. 1883, 
p. 36) has shown from Herod, i. 178, vii. 
117, that the yJrptos viixys there mentioned 
is the common Greek cubit: but, as Herodotus 
says that the royal cubit is three fingers longer 
than the fUrptos {6 {> fioiatK'lilos wifX** '''ov 
/irrpiov itrri w^x'^*' pLelfmy rpiel doicr^Xoiff'i), 
the royal cubit therefore = 27 8<firrvXoc 

In Greece proper at least three different foot- 
standards were employed, — AttiCj Olympic^ and 
Aegmetan. DOrpfeld has shown from the mea- 
surements of the ceila of the Parthenon, called 
the 'EKar6fiiro9op, that the Attic foot was 295*7 
mill. The measurement of the stadion at 
Olympia has proved the Olympic foot to be 
320*5 mill. Tradition said thai this was the 
size of Hercules' foot. (Aul. GelL L 1.) The 
mythical connexion of Hercules with Olympia 
may indicate Oriental influence. The Aeginetan 
foot, according to the temple measurements, = 
333 mill. Other measures mentioned by the 
ancient writers are the Philetaerean foot (irovs 
^ikeralptws'), which was probably so called 
from Philetaems, king of Pergamus, shown by 
Dtfrpfeld to = 330 mill.; the Samian cubit, 
which Herodotus (ii. 168) regarded as the 
same size as the Egyptian. 

In Western Europe we find three foot-stan- 
dards : the Italian, proved from the writings of 
the Gromatici (Surveyors) and from buildings to 
be about 275 mill.; the Soman, known to us 
from actual measures to be 296 mill. ; and the 
pes Drtuianus, used by the Surveyors in Gaul 
and Germany = 333 mill. 

It will be seen that the Attic and Roman 
standards are practically identical ; that so also ' 
the pes Drusianus, the wovt *t