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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\9Talp9tos, the
Aeginetan foot, and Ionian foot are almost
identical ; whilst the Italian foot is almost iden-
tical with the Phrygian foot of 277*5 mill.
Method, — It is of course of the greatest
importance that in metrological investigations
a strictly scientific method should be followed.
From the nature of the case it is necessary that
we should obtain by means of actual measures,
if they still survive, at least one of the units of
measure mentioned by the ancient writers. As
the tables of Heron and other writings give the*
comparative values of various units and stan-
dards, it follows that if we can obtain with
accuracy one such unit, we can deduce from it
all the rest. Linear unite are of course the
most impoi*tant, as from them we can deduce
the itinerary and superficial measures, and the
most important of these is the Roman foot.
The Soman Foot. — ^There ar^ five different
ways of determining the length of the Roman
foot. These are: (1) from ancient measures
still in existence, including feet laid down on
sepulchral monuments, and foot-rules found in
the ruins of various cities of the Roman empire ;
(2) from measurements of known distances
along roads, both between milestones and
between places; (3) from measurements of
buildings and obelisks; (4) from contents of
certain measures of capacity; and (5) from
measurements of a degree on the earth's surface.
(1) It might appear at first thought that
160
MENSURA
MENSUBA
ancient measures in actual existence would at
once giTe the required information. But these
measures are found to differ among themselves.
They are of two kinds, — foot measures cut upon
grave-stones, and brass or iron measures intended
in all probability for actual use. From the
nature of the case the latter would probably be
more exact than the former, and in fact the
measures on the grarestones are rudely cut, and
their subdivisions are of unequal length, so that
they have no pretensions to perfect accuracy,
but on the other hand it would be absurd to
suppose that they would have been made very
far wrong. We may safely conclude that they
would have about as much accuracy as a mea-
sure hastily cut on a stone by a mason from a
foot-rule used by him in working. Three such
measures are preserved in the Capitol at Rome,
and one in the Capponi collection. They are
called the Statilian, the Cossutian, the Aebutian,
the Capponian feet. They have been repeatedly
measured, but unfortunately the different mea-
surements gave different results. Besides these,
we have two models of feet cut on the rocks at
Terracina. The bronze and iron foot-rules, of
which several have been found at Pompeii, do
not precisely agree in length. There was
anciently a standard foot measure kept in the
Capitol, called the pes monetaliSf which was
probably lost at the burning of the Capitol
under Vitellius or Titus.
(2) The itinerary measurements are of two
kinds, according as they are obtained by mea-
suring the distance from one place to another,
or the distance from one milestone to another
on a Roman road. Both methods have the
advantage of the diminution of error which
always results from determining a lesser magni-
tude from a greater, but both are subject to
uncertainties nrom turnings in the road, and
from the improbability of the milestones being
laid down with minute accuracy ; and two
other serious objections apply to the former
mode, namely, the difficulty of determining the
points where the measurement began and ended,
and the changes which may have taken place in
the direction of the road. Both methods have
been tried: the former by Cassini, who mea-
sured the distance from Ntmes to Narbonne,
and Riocioli and Grimaldi, who measured that
between Modena and Bologna ; and the latter by
Cassini, between Aix and Aries.
(3) The measurement of buildings is rather a
verification of the value of the foot as obtained
from other sources than an independent evidence.
(The method was first employed by Raper in his
Enquiry mio the Measure of the Soman Fooi^
Philosoph. Transact. 1760, who obtained a foot
= 295*7 mill.) It is very seldom that we
know the number of ancient feet contained in
the building measured. We have one such
example in the Parthenon, the oeUa of which
was caXXeA the Uecatompodun, the hundred-footed
(Pint. FericL 13 ; CatOy 5), but even in this case we
could not have told exactly, till we knew some-
thing of the length of the Greek foot, to what
part of the edifice this measurement applied.
Furthermore, the measurement of the stadion
at Olympia laid bare by the German excava-
tions has enabled us to ascertain with accuracy
the length of the Olympian foot ; but in this
case likewise, it would have been impossible to
arrive at an accurate result had we not known
already that this stadion was 600 feet long.
Again, timers are the obelisk in the Piazza del
Popolo at Rome, and the Flaminian obelisk, the
heights of which are given by Pliny C£f. A*.
xxxvi. § 71). But the actual heights of these
obelisks as compared with Pliny would give a
value for the foot altogether different from that
obtained from other sources. Indeed, the num-
bers in Pliny are undoubtedly corrupt, and as
they stand it is only the difference of height
between the two that can be of any service, and
even this gives a result by no means satisfac-
tory. An ingenious emendation from Staart
would remove the difficulty, but it Is obviou:!
that a passage which requires a conjectural
emendation cannot be taken as an independent
authority. There is another mode of deducing
the value of the foot from buildings of the
dimensions of which we have no information.
The building is measured, and the lengths thos
obtained are divided by the supposed value of
the ancient foot (as derived from other evidence)^
and if a remainder be left the value of the foot
is corrected so that there may be no remainder.
It is assumed in this process that no fractions
were allowed in the dimensions of the building,
and also that the plans were worked out wiUi
minute exactness, both of which assumptions
are not very probable. In fact these measure-
ments have given different values for the foot.
Thus some metrologists have found by this
method that two separate foot standards ivere
employed in the temple at Aegina, a supposi-
tion which can scarcely be credited. Modem
architects do not allow that such calculations
could be depended on in modern buildings for
determining the true length of the measures by
which they were planned. Nor are the dimen-
sions of the parts of mediaeval buildinsrs in our
own country, as churches and cathedrals, found
to agree exactly, so as to give whole numbers of
the standard measure. On the other hand these
measurements, like those on roads, have the
advantage of involving in all probability very
small errors, and of the diminution of the error
by division. It must however be borne in mind
that buildings, like temples, were liable to hare
their dimensions conditioned by the nature of
the site, and also that those which remain
to us have been built on the foundations of
older and smaller ones.
The results of these various methods are as
follows: (1) The Roman foot as obtained from
the measures varies between 295*6 and 296 milL
(2) The foot obtained from itinerary measures
is 295-85 mill.; and (3) that obtained from the
measurements of buildings at Pompeii by
Nissen is 296 mill.
From these results we cannot be far from the
truth in setting the Roman foot at 296 mill., or
a little less than the English foot (301 mill.).
(4) Some have attempted to deduce the length
of the Roman foot from the solid content of the
congius of Vespasian. Since the oon^itts was
I amphoroj and the content of the amjiAora was
a cubic foot [Quadrantal], the process is to
multiply the content of the congius by 8, and to
extract the cube root of the product. Bat this
method is very uncertain. Hultsch, for instance,
will not allow that the measures of capacity
were obtained from the linear unit, but rather
HEKSUBA
frt-'O a eertain weight of water or wine. Fur-
ijcr, tJi«re is a doabt about the actual con-
teni of the oongias ; and even granting that
lit conpos had been adapted to the foot with
t<knble aocaracj, there is a risk of error in
rt reisng the proeeas.
(5) Some French geographers haye supposed
ijat the ancient astronomers were acquainted
%,:h the dimenaions of a great circle of the
arth^and that thej founded their whole system
<>: measures on the subdinsions of such a circle.
Da: we have no evidence of anj sort to show
tiut the aodenta were acquainted with any
sadt method.
lU Grtek FooL — ^We hare no ancient foot-rules
ianiriag, w therefore we fix the Greek (Attic)
:< ic ^m the testimony of ancient writers that
it v» tbont the same as the Roman, confirming
tius bj the measurements of buildings, such as
tik Parthenon, from which DOrpfeld has shown
tj« i<¥>t to be 295*7 milL The Olympian foot
15 derired similarly from the testimony of
iadant writers comparing it with other feet,
ud from the actual measurement of the
(rretk Mtcamt9 of Length, — In Homer the
fDiWiag measures are mentioned: 8Mpoy(=the
i^er vsAotfT^X *vvf (in compound kKvr6fjac9-
kf), nTMf (in adjectire wyo^iorX V7w«»
tX(^ (ia form w4\§$pw). The wy^r is a
^tort cnbtt, being the distance from the point of
ti:e ejbov to the knuckles (c2 cvynAiv^ias rohs
'^"ri^swf, k^ irptSwos h^ abrobt myitv rh
»^r^f «i Si 9vytc\€lo-4uaj miyftfi). It is to be
&<^ that the v^xvf does not occur as the
^aa^e of a measure in the poems. Homer makes
SKitioa also of a long measure, called simply
ofrpw (ftoT* iftjp* olfpouri Sv* ftrspc 9riptdaa'0op
^f* ^ X*^^ ^X«»^«»» Jf' »L 422). It is
3Dpo«ble for us to say what was the length of
this Bwasuring^rod — whether it was the length
-^ aa ipyuuL, or of the lUaura or icdXetfiOf of
Sutf date. Of course there are no data for
^t; the length of the Homeric vous , 6pyvia, and
wX«ljpor.
^n^kia/ JTAnvre.— The unit of superficial
^**«« m Homer is the 7^1 (found only in
tae csmpounds ycmficoiiT^>vof and rrrpdyvos),
Thieh probably meant the space traversed by
*t* pleagh in one day's work. It probably
wrtred iu name from the ancient form of the
^migh (called a^&yvw by HesiodX and was
t^ns «N&ewhat analogous to the English plough'
^' The term was applied to the patches of
^^ in the common field (^i|^ iw hpodffff,
A lit 422)^ which were separated from each
4her hj laad-marks {ofyd) made of stones (i7.
^>-42Ij XXL 405X corresponding to Latin Kmea,
" Ulk." In such common fiel£ or early com-
munities the/imw was always of a customanr
^?th, hcBoe our fnr-long (/urrotr-long), which
f^^'te depended on the distance which a yoke
^ctes conld drag, and a man could steer, the
Hfl^b without a rest. The breadth of the y^s
^» the distance between the o^pa, which
^^^ each side. The Scholiast sets it at
*** 10 £ithoms = 60 feet But we know
J^ Homer (77. x. 351 ; Od viii. 124) that the
^'^"^ between the oipa of mules — ^that is, the
^=***^ of the patch ploughed by mules — was
^^^^ than that between those of oxen. Con-
«1*aUy the breadth (wXrftfooy) varied. Now
YOL!L
MENSUBA
161
[ the old name for the ffrdSiow was aZkos, and
its double was called MavAor, from which it is
probable that the stadion represented the furrow-
long (aiXos being an old form of a3Xa|). The
stadion being 600 feet, is therefore ten times the
breadth of the y^s, a ratio found to exist in
similar land systems elsewhere.
Measures of Capadty. — Homer has but the
word fi^Tpov to express the unit of both Dry
and Liquid measure. Telemachus (Od. ii. 355)
takes 20 fiirpa of barley-meal as provision for
his crew. Some have identified the fi^pop both
in liquid and dry measure with the Hebrew
aaton, but it is more probable that in the fiirpov
of barley-meal we have the fi^t/iyor of later
times. It is almost certain that the fUrpov
used for liquids difiered from that used for dry
measure. The fiirpow of barley-meal is evidently
a considerable amount, from the passage quoted
above. But as the capacity of the various
vessels offered as prixes by Achilles is given in
Ai^T/To, it is not probable that the fih-pow by
which their capacity is expressed is the same as
that used for the barley-meal. On the other
hand, it seems not improbable that the fiirpop
used for wine was the same as the Hiras or cup
of Odlix. 208-10:
rhr t ore vamnr luKafiia olvov ipwBpSv,
X«ve.
To suppose that the proportion was one cup
of wine to twenty fi^i/u^oi of water is absurd ;
whereas the proportion of one cup of wine to
twenty cups of water is sufficiently marvellous
to ahow the strength of the wine without falling
into grotesque eiaggeration. The word Korr^Kii
occurs occasionally in Homer (only in the
Odyssey) in the sense of cup. It probably is
the same as Hiras, and thus connects the
Homeric H^rus with the Kor^kri of later times.
Qreeh and JSoman Ltnear Mectswre, — The
finger - breadth (SdrrvAos, digitus) was the
smallest measure employed in both systems, and
was regarded as the unit (jiovds). Later writers,
e.y. Isidorus, mention the use of the bctrleyoom
as the unit, 5 barlevcoms making a finger^
7 makine a thumb (pollex).
The KOvZvKoSf the middle joint of the finger,
= 2 fingers.
The woAaioT^ (later waXaiorfs, in strict Attic
woXoirr^), ZApov (Homer and Hesiod), or 8oxm4
(according to some writers)^ palmuSf handbreadth
= 4 fingers. This measure was in very common
use with both Greeks and Romans.
The Htx^ = 2 hands = 8 fingers, usually
called 4ffuw69uw,
The \ixdsf the space between the thumb
(iarr(x^tp) and forefinger (Afxa^oOi = ^^
fingers.
*OpS699tpoPf space from the base of the hand
to the finger-tips, = 11 fingers.
2wi0fl^i^, span = 3 handbreadths = 12 fingers
= I cubit. This measure, much used by the
Greeks, was not employed by the Romans, who
used instead the dodwts = | pes.
Tlovst pes, foot =16 fingers. The Romans
also used their national uncial system in dividing
the pes, thus giving it 12 parts, which in later
times passed into general use.
Tlvy^v (Homer, Herod, ii. 175, and some other
isolated passages), the distance from the elbow
162
MENSURA
MENSUBA
to the first joint of the fingers, = 20 fingers.
The Romans employed as its equivalent the
palmipes = palmua + pea,
n^X*''> cii6«hi«, cubit ot ell, distance from the
point of elbow to the point of the middle finger,
= 24 fingers. Roman writers employ cubitus
when following Oreek sources; the native
Roman term is aesquipes.
BijiM, gradua^ pace, = 2| feet.
Pasaus, double pace or stride, s= 5 feet. The
later Greeks employed the ifiw€Kot as its equi-
valent.
"Opv^lia (Heraclean Tables) = 4 feet (or,
according to others, 5 feet).
'OffyvM, fathom, the space which a man can
stretch with both arms, = 6 feet. The Romans
had no corresponding term (although tenaum is
used in Low Latin), but occasionally used ttina
to express it, although usually employing this
term for the cubit.
"AxtuMa (in late writers &ir#ya) =: 10 feet. It
probably means the goad used in driving the
plough oxen, which was finally fixed at 10 feet
and employed as the special ktnd meaaure. To
it corresponds the Roman pertica, or deoempeda
(ten-foot rod), the square of which formed the
basis of all land measures. Hence the Roman
agrimenaorea were sometimes called deoempeda'
tores,
Tl\4$f»ow (WAcOooy, Homer) probably was
originally the breadth of the yiris or acre-strip,
the space lying between the oZpa or boundary
stones, which form the longer sides of the patch.
It = 100 feet ; and its square became the regular
limit of land measure with the Greeks of his-
torical times. To it corresponds in siie the
eoraua^ used by the Oscans and Umbrians, which
properly means the '* turning place" or head-
land (c£ a/ crpoimi sc. r&r i££y, Hesych.).
The Roman actus, = 120 feet, properly meant
the "headland" (called <tctua minimua, 4 feet
broad). It then came in later times to mean
the distance which oxen can draw the plough
at a single draught (''sulcnm autem ducere
longiorem quam pedum centum viginti contra-
rium pecori est, qnoniam plus aequo fatlgatur
ubi hunc modum exeessit," Colum. ii. 2, 27).
limerary Meaaurea. — For the higher measures
of length, although the continuity of the system
was preserved by making them exact multiples
of a foot. It is obvious that convenience would
demand higher denominations, one of which
would be regarded as a new unit. Nay, these
higher measures may be viewed with respect to
their origin, as in a certain sense independent of
those smaller measures with which they were
afterwards made to agree. For just as we have
seen that the smaller measures of length are
taken from natural objects, so we shall find that
at an early period the larger measures were
not derived artificially from the smaller, but
from distances which occur in nature and in
ordinary life. Thus Homer expresses distances
by the cast of a stone (i7. iii. 12, t^ov r* M
Xaeof tn<ri)f and so even too in later times
(Thuc. V. 65; Polybius, v. 6); of a quoit (77.
xxiii. 431 , Ztrca re 9iirK0v olpa . . . ir^Xoin-oi) ; of a
spear (77. xv. 358, HoimAs ^P^^} by the distance
which a man can reach with a spear (77. x. 857,
9ovfrtiy€K4s); and by the still more indefinite
expression, "as far as a man makes himself
heard distinotly when he shouts " (OdL v. 400,
vL 294 et alih.t Z<rffw re y^TW' i3o^<ras); sod
again by standards derived from agriculttiR
(It, X. 352, tcffop t' M oipa vtkorreu itfu6-
wvr% which from what we have seen abore
represents the breadth of the acre piece or yvifr,
the amount ploughed in one day: as males
are superior to oxen, the breadth ploughed in
one day of a piece of ground of a fixed len^
would be greater than the breadth (tkiBpoy)
ploughed in the same time by a yoke oxen. (See
Ridgeway's article in Journal ofHeUenk Shtdiay
1885.) Of the longest distances time was made
the measure, as in the case of the German
Stunden: the journey of a day by an actire
traveller (c0f»rof Mip)i or of a day and a night,
or on horseback, or with a merchant ship (rm
arpoyyvKff, 6\Kds\ a method too frequentlr
employed now as well as in ancient times to need
illustration. (Comp. Ukert, Geograp, d, Qrixk
«. R6m, vol. i. pt 2, pp. 54-5.) The system of
measuring by tiatkna or poata [Maksio] shoald
probably be referred to this head, as it is most
likely that such distances would be fixed with
reference to the powers of endurance 
