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A MANUAL 



SOMAN ANTIQUITIES. 



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STANDARD TBXT-BOOK8. 



A MAHDAL OF LAUK PROSODY, llliutrated by CopioiM EimnpleB 
(nd Critical aainipti. For the we ot Adymced Student*. aKTENTH KDmoII. 
Crown 8vo, Cloth, G*. 
" There U no other work on (he lubject Horth; lo oHnpatc with It."— AMnuTum. 

AN ELEHENTABY MANUAL OF ROHAN ANTIQUITIES. Ad*pt«d 

for Junior CliwM. Wfthnunierom Illiutr»tloM. ElflHTB EDtTIOK. Crown »TO, 
Cloth, 41. 

FffTE BoWiOH, In L«rg« Crown 8*0, Cloth, Bl 6d. 

A HISTORY OF ROHAN LITERATURE. From the Eulitut Period to 

the Timet of the Antonines. fi; the Rev. C. T. CritTwell, U.A., fonuerly Fellow 
of Merton College, Oifonl. 
" Mr. CBCTTWYLL hiu done B KMAL BERT(CE lo all itadenti of the latin Itngusge and 
literature. . . . FLLLotgood Bcholnnhlp and good cdtlclam." — Ar^eiuxum. 

" A moit seniceable— Indeed, Inriltpenuble— giiide far tbe nuilent . . . The 
'general reader' will lie lioth charmed and lnitruct«d.'' — Saturday Itftieto. 

tJECOND Bditidk, In Large 8vo, Cloth, Si. M. 
A HISTORY OF GREEK LITERATURE. From the Eu-liest Period to 
the Death of DemoMheiiei. B; FlUNK IL jKTOKa, U.A. 
" Bejond all queitlon the best hlitoi; of Greek literature publlihed."— .^virfalor. 
■' Mr, Jevon'B work la dlrtln(nil«hed bf the AiiUiuti raoKODoB ACHUAiNTiNcB with 



theaubject. . . . Hie great nierit llei In hii exckllkrt KXPD81T10N of the ik: 

AKP KiciitL CADBls cnncenied In the development of tbe Literature of Qreeee,"— B<rlin 
FhOoitgitcke Wodtetuchrift. 

BY PROF. OAKDNEa iKD F. B. JE\-0N8. M.A. 
A MANUAL OP GREEK ANTIQUITIES. For the uaa of StudoDts and 
(leneral Bsaden. 

PERCY GARDNER, P. B. JEVONS, 

U.A.. D.Lrrr.. aicd m.a., 

I^nlvenlty of Durhun. 

In Crowii Hio eitn, with lUnstratlooa. 



BY PROP. SCHBADEB ABB F. B. JEVOKB, M-A. 

PREHISTORIC ANTIQUITIES OF THE ARYAN PEOPLES: A 

Manual o( Compantire Fhllalogy and the Earlleat Culturo, By Dr. O. Schradsr 
of Jena. Tranilaled from the Second OimuN Klition hi F. B. Jevons, M.A. 
In Larfie »vo. Haiidoime Cloth, Hi. 
" Dr. SCIIBAnEHB OREAT WOBK."— TAt Timfi. 

"I to t3)e early atudent In 



7htloli«y and Prehlitoric Archmologv- "— Cjouieol it 

"DeHrrea richly the rank, which hae "■ 

autiiority."'^^eadftiiy. 



'■ DeHrrea richly the rank, which baa been ao generally accorded to It, ot a 



i'lrnt EDinoM, los. 6d. 
THE VOCABULARY OF PHILOSOPHY; or Student's Book of 

Reference. On the baale of Prof. FLExma's Vocabulary. Re4Dn>trueted and 
partly Re-wrltten by Henry CiLDiawooD, LL.D., Profeawr of Moral Philosophy 
In the Valienity of Edinburgh. 

LONDON : CHAKLBS OKIFFIN * CO,, LTD.; EXETER BTEEET, STRAND. 



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A MANUAL 

ROMAN ANTIQUITIES. 

"WILLIAM JEAMSAY, M.A., )%0(<-^^^ 



REVISED ASB PARTLY RE-WRITTKN 



RODOLFO LANCIANI, 



FiwrmmNTH edition. 



LONDON: 

CHARLES GRIFFIN AND COMPANY, LIMITED; 

BXBTER STREET, STRAND. 

1894. 



[All Rights Reserved.] 

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■/ V 



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L ' E N V O I. 



In aending forth this, the Fifteenth, Edition of my finther'a 
"Manaal of Boman Antiquities," now revised by Professor 
Lanciani, of the University of Borne, I desire to acknowledge 
my great obligation both to Fro£ Lanoiani for having under- 
taken the editing of the %rork — a task for which no one is 
batter fitted — and also to my &icnd, Dr. Edmondston Charles, 
Hon. Physician to the Queen, Hon. Mem. of the B. and A. 
Archnological Sodety, for much kind assistance given in 
furthering the revision. 

C. L, H. WEDDERBURN OGILVY. 



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PBEPACE TO THE FIETEENTH EDITION. 



The intriDsIc valne of ProfeBsor Bihhat's Mannal ie proved 
by the fact that, although written more than forty years ago, 
it is still constantly Id demand, not only as a Text-book for 
those commencing the study of Boman Antiquities, but aa a 
book of reference for thoae who have grown grey in the prose- 
cution of such studies. 

The great light which recent excavations hare thrown on 
the field of Koman Topography, however, necessarily left the 
section of the work bearing on this part of the subject behind, 
and the desirability of bringing it up to date was evident. 
Under these circnmatauces it was mutually agreed that the task 
of revising the Manual, and placing it once more au covmint 
with exbting knowledge, should be entrusted to Professor 
Bodolfo Lanciani, of the University of Rome. The connection 
which this eminent Topographer has had, for more than a quarter 
of a century, with excavations in and near Rome, the great 
number of works which he has published on the subject, and 
his command of the English language, all combine to justify 
fully his selection as Editor, Prof. Laaciani has almost re- 
written the first chapter, and illustrated it with new maps and 

Less progress, however, has been made of late years in those 
branches of Boman Antiquities to which the rest of the Manual 



.Cooc^lc 



18 devoted. The fundamental principles and the main iaaues 
remain the same; but, in order to render the student con- 
versant with current literature, and acquainted with other 
standard works published on the subject, an Appendix with 
Beferencea has been added to each chapter. 

In this part of the work the Editor has been most kindly 
helped by his colleague, the Professor of Antiquities in the 
University of Rome, Gav. Ettore de Buggero, whose Dizionario 
Bpigrajko is so greatly appreciated among his fellow-workers. 

T. EDMONDSTON CHARLES, M.D. 
CHABLES GRIFFIN t COMPANy, Limitbd. 



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PEEFACR 



Iir QoDqrfling dik Tresdae, I hav« endesTonnid to present, in a 
oauMoted form, caoh infennBdon on ihe Topognphj of the Koman 
Otty, on the riae and gzadaal dflTelopmeiit of the Boman Constitulion, 
•nd on the aocial and domeotia habite and feelings of the Boman 
People, aa may asre to remore aome of the obatacUa which impede 
die progress of tbooe who are desinnu of applying themselTes to the 
atndy of I^tin literature. It must be nnderatood, however, that the 
tnquiiiea heie proaeoiited do not extend beyond the latter portion of 
the first centnry after the Inrth of ChrisL But, even when that 
limited, the subject is so vast and so Tsried, iJiat while it has been 
finmd impossible to dilate upon any topic, it has been necessary to 
tonch very lightly upon several, and to pass over altogetber many 
more which, atthou^ hig^y interesting in th^nselves, do not bear 
directly upon the object in tiew. 

It would anawoT no good purpose to entmunUe the kmg array ot 
beodaes and diaqnisitionB which have been conmlted in drawing up a 



work like the preaeot, which ought to exhibit in b, condensed ahapo 
the reaults of tedioua and intricate reseaiches, but I cannot pass over 
in aileooe the great aBSistance I have received from the " GalluB " and 
the "Handbnch der Romiscben Alterthiimer," unfortonatelj never 
completed, of the late lamented Wilhelm Adolph Becker. 

Those who deure to enlarge their knowledge npon anj of the 
Bubjeota discoaaed in the following pages, may consult with advantage 
the excellent " Dictionary of Greek and Romaa Antiqaities," edited 
by my accompliahed friend l)r. William Smith.*' I had the honour 
to contribute a few articles to that book, bat I do not feel myaelf 
prohibited by that circnmstance from speaking of it, aa a whole, in 
terms of the warmest praise. 

WILUAM EAMSAY. 

GLASOon CoLLEQE, Wth January, 1S5I. 



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CONTENTS. 



CHAP. L 

TOPOORAf HT OP BOHE, 

CHAP. II. 
OK TH> OBIOIK OF THE ItoHAH PEOPLE, AND THSIB 

SOCIAL OROAMI3ATION, FKOU THR £ARL»ST TIMES, 

CHAP. III. 



TH> POFTTLATION Of TUB BOUAN ■HPIKB 

CHAP. IV. 
THI COUITI^ . ■ 

CHAP. V. 

HA0IBTBATB9 OP THE BKOAL AND KXPITBUCAN PXBIODS AHD DltDEIt 
THB EARLT EHPBRORa, 

CHAP. VI. 
THB SBHATB 

CHAP. VU. 
ON TBB PCtBLIC LANDS AND THE AOBARIAN I.AWS 

CHAP. VIII. 
THE ROXAH BETEHUES 



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BOHAH LAW AND T 



KOMAN WBtOinS A 



CHAP. XIV. 



AORICDLTURE, 



CHAP. XV. 



e luUd on the Seien Hills, from i KrEe Brus i 



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LIST OF ILLUSTRATIONS. 



PLATEa 
Plan of Anoieni Bohr, ..... opp< 
Plan' op Porim Rohandm, ..... 
Details of tab Arch or Constahtine, ... 
Revaihs or TUB Asx^EAN Bkiooe, .... 

WOODCUTS. 
Bomb Se&tid on tbe SsyiM Huj& Large Brau <if Vupatian, 
AooBR OF SiRTins Ttllics (SectioD), 
PiTTEAL LiBOHiB. Senoriut of the Oeng Seribonia, . 
Fadbtdlcs, &□. Denariiu of the Ottu Fomptia, 
VlHUB ClOAchta. Deaaritu of the Qent i 
TkHPlDm Iafi. Largt Bnut of Nero, 

Basilica ^^^""'ji et Fdlvia. Denariat of the Oeia jEmHia, 
Tevplk of AHTORinUB AVD Paustdia, 
Tbe Dioscubl Denariut of the Gent FoUumia, 
Baa-belibf discotirbd hear the Coluhh or Phooas, 

TmPLE or BoHE and VmnH, . 
TB1IPI.E OF Vebta (PI»n ftnd EUvaticm), 
House ot the Vestals, 

COLDHNA TBAIAKA, 

Babiuca TTlfia. Large Brcut of Trtvan, 

Abcds Tbichpbalis. „ „ 

Tekpldh Diti Teaiahl „ ,, 

Capitolidm. Datarint of Cite Gem PetiUia, . 

CAFlTOLinit. Large Brau of Vapatian, 

Cafitoliuh. Silver Mtdailion of Domitian, . 

Plav of THE Palatdie Hill, . 

Temple of Diana, 

Thsatbdm Maboelli, . 

Villa Pdbuca. DenarivM of the Oen* Didia, 

Plan of the Pobdk Boaeidk, 

Aides Vebt^ . 

Templdm Fobtdhx ViBiLia, . 

Abcdb Aboentabidb, , 

TSHPLdM Iani Quadufboktis, 



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hv illustrations. 

Ship op Abbcclapiub, ........ 72 

Pons JiJiouus. Dautriut of Gtn* Emilia, .74 

Kemaihs ot Aqubduct, ....... 79 

Remainb of AQUEDUcrr, . . ..... 80 

AgcA MAjtCTA. Beaariva of Q. Marc'au PhUippui, . . . S2 

Cloaca Mauka. Sir W. QtWa Borne, . . ... 85 

Thb Skbviab Waw, pSir W. GeWi Borne, . ... 86 

Ballotiho. Datariva of the Gent Camia, .141 

Eallotihg. Denarius of the Qtru HoOUia, , . . .141 

SrU:A Cubtjlis Airo Fasoeb, . . , . . . .171 

Akdilss Ckbkalks. Benariut of the Gene OeUpamia, . . .193 

Sackrdotaj. iHffTEOMBNTB. DmaHiu of Sera, .... 240 

AuairaTUH m a TiuuiiFaAL Cab Draws bt Elefhahts. Large Braes 

of Augialiu, ........ 246 

Carfsktum. Large Braet of Agrippina, . . .246 

FuHKRAL Ptrb, With Legend Conbbcratio. Large Brate tifAatoninue 

Piui, 246 

Ehfbebs ABCEHDisa TO HiATEH OH A Pbacocic Lcotk Btxu» of Julia 

iJomna 246 

LicTOR WITH THB Fabcbh, from an Ancient Bae-rdi^, . . . 26S 

BoMAN Ltbbb. Hvpe'e Coitumtt of the Aneienti, .... 273 

B. CC. [Remietae CeTUeeimae). Third BraM of Caligula, . . .280 

B. XL. (Remieeae QuEtdra^eiimae). Largt Sraei of Oaiba, . . 230 

Sacrbo IjTBHaiLB. Friae of the Temple uf Jupiter Tcttane, . . 283 

Pbovooo. DenariuM of the Oem Porcia, . . .330 

Sacbifioial Knipb and Aie. Friae uf /he Temple of Jupiter Taaaiu, 359 
LiTcns. Friexe of iM Temple of Jupiter Tonam, .... 377 

ALBooALERns. Fritxt of the Temple of Jupiter Tonam, ■ . . 381 

Akcilia. Denarim of Augiittui, ...... 382 

Sacbbd Utbnhilb. Detua-iiu of Caaar, ..... 391 

SlHPULUM AND Lliuus. AuTew of Augvetut, . . , .392 

Saobed 1JTBit3i[.a. Large Brate of M. Aureliut, .... 392 

KoHAtf Emfbbor SAORiFictKa, Large Braat of Caiigula, . , 392 

Plan of thb Circus oy Cabaoalla, ..... 397 

ClBCUB MAUMua. Large Braee of Trajan, .... 397 

Mktab or THB CiBCUS. Large Braee of Balbinvt, . . , 397 

Plan of a Bouah Tubatrb. Aeoordine to VUruvlue, . . . 403 

Plah of a Bohah Theatrb. Pompeii, . . . .403 

CoLosaiux. Large Braee of TUue, ...... 406 

Amfhithbatbb of PoHFBn, ....... 405 

JupiTBB, JcHO, USD MiKERTA. Boe-TtU^ Ot the Capital, , . 409 

Staiidabd Bbarer AifD Lboionabies. Trajan'e Column, . . 426 

Grbbe Warriob. Hope't Coetumee of the AndtnU, , , . 433 

Daoian Horsbhab. Trajan'e Column, ..... 436 

Rohan STAVUAam. Denariue of M. Anloniue, .... 444 

Triumphal Aboh. Large Brate of Nero, ..... 446 



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ILLUSTRATIONS. XV 

Plan op Camp, «S 

Roman Guperob amd Slimobbs. TraSan'i Column, . ,463 

Ship. TomJt at Pompeii, «9 

Ship. Larse Bratu 0} Gommodus, ...... iSS 

Ship. After Sduffer, 458 

BouAN Coins. Variofu. ... ■ . 466-470 

Nuptial Couoh. Andent Painting, ..... 478 

Imteriob op Tomb. Pompdi, . . . . .481 

KoMAM Bath, from the Bath* of Titu». 48y 

ROHAIT Ahphorak Ponypeii, .... . . 493 

Plan op TiucLiHTDkf, ........ 494 

Tibia. The Double Flute, frotn a PadOing at Ponpeii, . S02 

Ibis with Sistrdh. Anaait Statue, . . . . SOI 

Ltbx and Fsctes, From Ancient Painlinge, . . . .604 

The Tooa. From Andent Statua, 606 

Jupiter. Statue in the Oallery of Ftortnef, . .607 

Statue op a Ladt. PompAi, . . .607 

The PABKnLA. An^iaU Status, . . . SffJ 

Calcbi and Solue. Becker'i OaUua, . . .606 

Flans op Boman Hodsbb, ...... 622, S23 

Plough, ..,...,... 629 
Plouoh. Coin of Centaripae, . . .530 

Placstkuv, ......... 532 

Kabtrum, ......... 5.13 

Pali, 635 

Juptteb wrPH Statce or Vkttort. Hop^t Cottumet of the Aneientt, . 663 



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TOPOGRAPHY OF ROME. 



G«naFal R«f»penees Fiitnc 



nn,!«I0-i3tt .NiBbT. AdudId: Rdnundranu, t(DCOGSXEVllI,,PuHiuite>. BHker. 
V/. Adolph; TtpegraphSKLIa.K (Huidboishder RUm. AlurUillnisr, rol. L), Lalpiii. 1H3. 
Oiolu. Lnlgl: ^dtftirifi AindiiiKlca. ft(L,«voli<,Itoiiia, laiO-lMO. Pnllsr. Lnihrlg: IHi 
Sigtam d. ai. B., Jani. ISM, Jonlu, Hslnrlcb: Farnui UrtU n., Berlin, 1674. /d. 
nworsaiUf d . iSC H. ira AlllrlhuiK, Berlin. 1871. Ooryui Intcript lafi's., TDlt. VI. (BMRal, 
ZfV. and XV. Da Roul. Q. H. : M'lmO di n. aoltriarl al hc. XVi.. BOBU int. ^bter, 
Otto: Te j Hgrm p liii d. SI. R„ NJinmnmn. IHM. MiddlsUn, J. Hsori; TTm Annatiu o/ 
A*iftrl Jfam^ Ind ad.. In a toIi., London, test. I^noluL Bodojra: >oriiia I7rMj Samai 
lArcbBoli^lcallUpat A.a,lDMilioeU|, UlUn.HiMpll, 18M. 

Caiyniiaii 41 R>Ma. — The district now known hb the Campagna di 
Roma extends aloQg the ahore of the Mediterrauean for aixtjsules, from 
Capo Linsro to Asturs, and inland aa for as Ihe first slopes of the 
ApeoBiiiea, whicli here begin to rise ot a. distAnce of from 25 to 35 miles 
from the seft. This region presents a very peculiar aspect. In the 
immediate vicinity of the coast the land is low and swampj, and as ve 
asceod the streamg the meadows which border their banks partake of 
the same character. But the remainder of the country is a vast ex- 
panse of table lond, rolling in lon^ swells, broken and furrowed in all 
directions by deep ravines and water- con rses, the sides of which are 
frequently rocky and precipitous. The surface of the table land is, for 
the moat part, perfectly dry, the general elevation above the level of 
the sea is seldom less than 100 feet, and in some places it rises into 
ridges of coDsiderable height, while in the midst of the plain the bold, 
piolttrasqae, iaolated mass of the Albsn hills <Moi>» ^;6anM*=2,938 ft) 
divides the Campagna proper from the deadly level of the Pomptine 
marshes (Paluda PompUnae). 

In aDcient times the pordoD of the Campagna on the ri^ht of the 
Tiber belonged to the Etruscans ; that on the left to the Sabinus (as far 
as tliD Anio) and to the Latins, while the slopes of the Apennines were 
inhabited by the Volsciaas. 

S*fln«noM.— Sir WUllun QM: Tht Tapegraflni of Rem* and itt VltioUti, London, 
ISMl NlbOjAnUHiIo: AnalUi ilnnaHBUInwtrui iii dinUnf dt Xsnn. tpd (d., roL IIL, 
Bomr, IMS. TouuHltl aiDHpM^ La noww romima wl mrdfo no, pnbllihtd In Iha 
jlreNMa iWln OetMi di aitria HotHa. Borne, to). IL-X. Kdpa or tlie liulitiUi Onrrm/ho 
JHHtar^ (at»fl Snmn, 1 : tl,l»(i. S. Eleperi: Carls dilr /lalia iTWra'f. Bariln.BslnMr, 



3 TOPOGBAPHT OF SOME. 

SIM cr VaHe — The ween AtUt. — About eighteen miles from the moutfa 

of the Tiber, the Blream, whoee couree is Bouth by west, mskea a very 
sudden bend nearlj due weBt; and, as it grnduall; sweeps bsck to its 
former direction, forme an acute angle, Id which lies an alluvial meadow, 
containing upwards of SOO English acres. This is the celebrated 
Campus Martim, and on this flat a great portion of the modem cit; has 
been built. The southern extremity of the Campus Martius was 
known bj the name of the Praia Flantima. 

A steep bank rises abruptly from the edge of the Campna Martjus, 
and then slopes gradually into the table land, nbich forms the genera] 
Borface of the country beyond. This baiik presents a very irregular and ' 
nigged outline towards the riyer, the continuous ridge being broken by 
nvmerouH projecting bluffs, which jut out into the low ground. The 
four bluffs which approach most nearly to the river, at the southern 
extremity of the Campus Martius, being cut off from the main ridge, 
and from each other, by intersecting hollows, stand as small isolated 
hi])s, with steep rocky escarpments. The smallest of the four, thftt 
whichliesfarlhest to thenorth, is the MoNS Capitolinus ; next in aiie, 
to the south of the Capitoline, is the Palatich or Mons Falatinus ; to 
tlie south of the Palatine, larger than either of tlie preceding, and 
(Jmost touching the river, is the MONS Aventinus ; to the south-east of 
the Palatine, and separated both from it and from the Aventine by a 
deep hoUow, is the MOKS Coelius, originally culled, we are told, MONS 

QUEHQUKTtlLASUS. 

Another deep hollow to the north of the Coelian divides it from a long 
oontiuuons ridge, which, on the east, slopes gradually into the Campagna, 
while on the west, or side next the river, it is broken into four tongues, 
separated from each other by narrow dells. These tongues, taken in anc- 
cession, are the Esqviliae or Mons Esquilikl's, which comprehends two 
projections, severally distinguished in ancient times as the Mons Opphu 
and the Mom Cispivs '—beyond the Mons Cispius, the Coujs Viminalis 
— beyond the Viminal, the Collis Quihujalis — beyond the Quirinal, the 
CoLLlS HORTULOiiUM, called at a late period, Mons Pincius. The Mona 
Capitolitiu*, Mons Palalitim, Mons Aventimii, Mons Cotlivs, Motia Etqai- 
lintUf Cotlis VimiimUsj ColUn Qiimtialis, are the far-famed Seven hills of 
Rome. It will be seen from this description, which must be carefully 
compared with the plan prefixed to this chapter, that the Mont CapUo- 
lirna, the Mont Palatinvs, the Mons Avtnlinus, and the Mons Coelius can 
alone be regarded as hills, in the ordinary acceptation of the term, the 
remainder are mere irregular projections of the table laud which consti- 
tutes the Campsgna. llieir respective heights above the level of th& 
sea are: — 

Capitoline (Araooeli), 151 ft. 

Palatine (a. Bonaventura), 166 ft. 

Coelian (a. Giovanni), 168 ft. 

Viminal (Paniepema), IGO ft. 

> Vino L.L. T. t *»■ F«M. (.t. StpUnumtiB, p. S4S, Anl. Qell. XT, I, Tlia r 
poiltlaa of Ibe Opptu knit CapHa wu mods clcarJu Hij, 168T, br Uie dlMOTO? o 
torn txlODgliiE io tb« JloKimi moftu Oppi. li vM found In ma via dalle Sane Si 
tba oliDmi oTs. OemsDla. SnAiU. <«l,1SST,p,1M. 

,KW|C 



EsqniliDe (Amct of Seniiu TullitiB), 
Qnirinal (BattiB of DiocletiKn), ITO ft. 



20i-5 ft. 



ATcntine (s. Alessio), 146 ft. 

The highest poiot of the J&DiculaTn ia 297 ft. ; of the Finciao, bjr tlie 
Casiiio detl' Aurora, 204 ft ; of the Vatican ridge (Monte Mario), 440 ft 

The broad slope of the Mons Oppius, towards the PaJstine, was tho 
Carinae;^ the low ridge nhich runs from the Palatine towards the 
Carioae vns the Velia ; the lower slope of the Palatine, towiirdB the 
Capitoline and the Tiber, was the Cermatus or Utrmalus; one of tlie 
branches of the Coelian, whose outline, on the eastern side, is not Tery 
sharply defined, was the CoeUoliu or Minor Codiat.^ Lastly, it will bo 
observed that there is a hili behind the Aventine, separated froni it by 
a well defined hollow, the two highest points of which are marked by 
the churches of S. Saba and S. Balbina. ^Ve can scarcely suppose 
that it was regarded merely as a part of the Aventine, but wc do not 
find it designated by any separate name, nor, indeed, is it distinctly 
noticed by any clasgical author. 

It must be remarked, that the hills of Rome do not now present, by 
any means, the same aspect which they must have boms during the 
earlier ages of the city. Their summits have been smoothed and levelled 
to adapt them for the foundations of the edifices by which tliey were 
crowned; their steep rocky sides have been, in many places, sloped 
away in order to afford more easy access, and the enormous accumula- 
lation of rubbish aroand their b:ises has raised the surface of the ground 
below, and thus materially diminished their apparent elevation^ The 
depth of the strata of ruins, viz., the difference of level between the 
ancient and modem city, varies from a minimum of 9 ft. on the summit 
oftbe hills, to a maximum of 36 ft. in the hollows by which the hills are 
separated. The greatest depth yet found is 66 ft. (S.W. comer of the 
house of the Vestals, and Baths of Neratios Cerialis, via Cavour, 45 ft.). 

Nearly opposite to the base of the L'apit«line, the river, dividing into 
two branches, forms, as they reunite, a small island, the Iimuia Tiberina. 

Crossing over to the right bank of the Tiber, a long continuoua ridge 
extends from the region of the Vatican to the south end of the ci^. 
This is the Ianiccluh. To the north-west of tho Janiculum, separated 
from it by a deep depression, and at a greater distance from the river, 
is the Moira VATiCANt-s. The meadow between the Vatican and the 
Tiber was the Ager Valicanvt, of which the Praia Quinclia formed 
a [lart, and the slope between the .Tanicnlum and the Tiber was com- 
prehended under the general designation of llegio Tranxllherina. 

Ketnming to the left bonk and the seven liilts, we may now notice 
the hollows and Sat spaces, by which the diffi'rent eminences were 
separated from each other. The ravine between the Palatine and the 
Aventine was the Vallis AJnrcia, and here was laid out the Circus Mom- 
t, the great race-course of Home. In the low ground, extending 



4 TOPOOKAPIIT OF ROHE. 

the Emperors — the Forum Tiiliiim, the Rirvm Augutlum, tlie Forum Nertae, 
and, b; far the moat toatiiiificeut of all, the Forum Traiani, PaSHing 
OTer the rid^ of the Velia, we descend iato the hoUov between tlic 
Coelian and the £s<}uilme. of which the westeni portion eeeme to 
liave been known anciently by the name CeroUtnti>,^ and is non' marked 
by the etupendoua mina of the Colieeum, while further east we oat;ht, 
probably, to place the Tabtraola.* Jn the hollow between tlie Esquiline 
and the Qairinal, where the two projecting tongues of these hills almost 
meet, lay the SuJntra,* one of the most buay and thickly peopled qoartera 
of the city; a street running from the Subnra through the narrow opeu- 
ing between the Mans (^iapiua and the Mons Oppiua, wan the Viciis 
Cyprim* the slope which led up from it lo the high ground of the 
Esquiline was the CUcux {/rbia*,' and at the extremity of tliis slope was 
the Viciu Sceteraliu,' ao called becanae this was the spot where 'I'ullia 
drove her chariot over the dead body of her murdered father. In the 
hollow between the Esquiline and the Vimiaal was tlie Vicui Paliiciut,' 
and between the Subara and the Forum was the A rgiUtum, i.e., the clay- 
fleld < = Kframtiko», Tmteriri). In the neighbonrhood of the Argiletum 
waa the district of the Lautumiae or stone-quarriea, where one of the 
p riaons was sitnated, hence called Lautumiae.' The valley between the 
Viminal and the Quirinal was named from the Victa Lomjut, its principal 
street, and for the same reason the pUteau on the Quirinal wus called 
Alia Semita, from ila leading thoroughfare (via del Quirinale, via 20 
SetlembreJ. 

The whole of the low ground lying between the Tiber, the north 
point of the ATentine, the south point of the Capitoline, and the west 
point of tho Palatine whs, from a very early period, designated as the 
Velahnini. Tliis space, together with the Forum, and the hollow be- 
tween the Capitoline and the Palatine, which connects them, was a 
swamp, frequently overflowed by the river until the stagnant waters 
were carried off bj the great drain known aa the Cloaca Maxima, while, 
at the same time, the river was confined witliin its bed by a strong bul- 
wark, faced with hewn stone, thia parapet and tlie cloaca being among 
the few works of that early period which still remained entire in 1880. 
They have now been concealed by the new Embankment. At the 
SOnth-weat end of the Velabrum. near the opening of the Vallis tinrcia, 
waa the Furum Bnarium, or catt le -market ; under the Aventine wsa the 
Emporium, or wharf, where merchant-'Veaaels loaded and discharged their 
cargoes, and the whole of the Eiver-quarter was connected with the 
Forum hy two great streets, tho Vieta 'Tuscus and tlie View lugarua. 

Attention must be paid also to the hydrography of the site of the city. 
The hilla on the left side of the river are disposed ao that the sprine and 
rain waters coming down ftom them, run in three different channels. 

"VhtoL-L y..it7. 

• V»rTolJL. V.', ni. Vtn. i.y. Smbitni.v. im. 

• Tbli li iha oplnldn aiprfiK-a bj Urltobi In Us Bachnibung d« S.R. Bk. IIL, p. IN; 
bDlltli ImpugDHlb} Backsr, Top[>iir..p. tii9. 

•LIT. 1. 18. fMLi.v. OrWineh.M, p. I8i 

'ftm.«.T.,S(|>[*»>ii*<o.p.St8. P.OI. Dtacji m. MaHUI.VILIi. 
■Ut. XIVIL f!. XZZfL H. XXX VIL t. XJLXIX. «. 

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TOPOOBAPOT OF BOXE. 5 

Tbe waters from the valley between tho Pincian and the Qnirinal 
gave riee to the I'elronia anuiu, the coane of which can atill be traced 
from the Piazza Barberioi to its junction with tbe Tiber near the Fonte 
(laribaldL The Petotinia carried off also the overflow of the Caitrae 
I^bu, a muHh correapooding to la Vnlle of modem Rome. The vailejB 
between the Qnirinal, the Viminal, and the Eiquiline were drained by 
another rivulet, called Spintin (?), the conrse of which is marked by that 
of the Cloaca Maxima. It ae^vt^d also as an ontlet for the waters of the 
lesser Vdabrmn. Lastly, the valleys between the Esquiline, the Coelian, 
the Palatine, and the Aventine, and the umrshea called Decenniae and 
Velabruni proper were drained by a third atream (^NodiaaiT), which fell 
into the Tiber below the Forum Boariuni. 

Springe were particularly abundant, and many of them were believed 
to have therapeutic properties, hke the Laulalae, the /utile) ApoUiiiu, 
Camenantm, IiUumae, Lupercalii^ Pici, &c. 

Refkranoaa.— Brooahl: aiaio JUirt lUI lat'a dl nimia, ism, Laneluih / cMUMaMHi 
HFn<Miui,>ltnul,acqrtiglitqiHdtm. Btuns. ISM. on. 1. Ai/I. n>«., 18M, p. !T>. 

The atadent having made himself master of the relative position of 
the landmarks here enumerated, by comparing the above remacb 
with the plan of the city placed at the commencement of this chapter, 
we shall proceed to give a sketch of the original limits and gradual 
eitcDsion of Rome ; but before entering upon this part of the aobject, 
we may briefly advert to the ceremonies observeil by the primitive 
inhabitants of central Italy in founding a new city— ceremonies which, 
it is said, were chieHy of Ktruscan origin. 

VsuBdlag af ■ clij-.— On a day when the Omens were favonrable, [die 
aiapicalo,) a hole was dug on tlie spot which was to be the central point, 
tbe ' E«T[£ or focus, as it were, of the new city. Into this hole was cost 
a small quantity of corn, and of all things necessary for supporting the 
life of man. Each of the new citizens brought a handfid oi earth from 
the spot where he had previously dwelt, and this was thrown in above 
the other objects. The hole was than filled up to a level with the sur- 
face of the ground, an altar was erected on the spot, and sacrifice offered. 
The founder of the new city, (eomlUor,) with his cloak arranged in the 
Gabian fashion, (cinclu Gahiao,) that is, with one end of the toga thrown 
over his head, and the other bound tight round his waist, like a girdle, 
traced out the line of the walls with a plough, to which were yoked a 
bull on the right hand and a cow on the left The share, made of 
broDKe, was directed in such a manner that the clods from the furrow 
fell inwards, and it was carried over (tuspenJere aratruta) those spots 
where it was intended to place a gate. The furrow thus formed 
(primigmiui sakiu) represented the ditch, and the ridge the walls of the 
proposed city : the whole circuit being considered holy, except where 
the plough had been lifted up.' 

The xulciu primigeniiu 0/ Rome marlL^ A quadrangle, the sides of which 
were of unequal length. Jt started from the Ai-a Maxima Hercuitt, in 

1 Oito. quoted by Sm. ad Vlr(, S 

nutuvta. Bom. iL a a n. i>ionr_. _, ._ .,. 

pnlu,p.i«a. UHlkr: Dl*EltiulLlL.t>.lU. 



6 TOPOGBAPHT OF HOUE. 

the FoTiim Boarium (discovered nnder Siitns IV., a.d. 1471-1484), fol- 
lowed Uia Vallit Marda as far as ihe Ara Const (near the Seplis/mium), 
the valle; between the Palatine and the Coelian, aa far as the Cnriae 
Vtlerei (near the arch of Oonatantine), the line of Uie Sacra and Nova 
Via, aa far as the modem church of S. Maria Liberatrice, and hence back 
to tlie Ara Maxima. The central point, or mundui, waa marked by an 
altar of rough atones, called the Roma qiiadrala. 



Dit ailtut WolBuU 

PaMrriniH. — The ;>«ni«n'ani of OD ancient Italic city was, strictly 
speaking, a apace kept clear of bnildingg and cultivation on both sides 
of the wall. The neceasity for preserving an open area of thia kind was 
evident from a military point of view, aad in order to prevent it from 
being encroached upon, it was consecrated. Although this was the 
original nieaniogof the word Pomtrium, the temi, in practice, waa more 
frequently applied, in a restricted aenae. to thu outer bouudaiy of tho 
pomeriuni, that is, to a line drown round the walls at some distance out- 
side the city, the courae of which waa marked by atones set up at inter- 
vals, (cippi~-cippi pomrri — cerlit ipatiU interiecti lapUlet.) and thia line 
defined uis limit within which the auspices in regard to all matters 
regarding the welfare of the city iteelf (arbana aiupii-ia') might be taken. 
When the population of a city received a large increase, and auburba 
were formeo, it would, of course, become necessary to form a new circle, 
embracing a wider space, and to unconeecrate (exauffurare) a portion of 
the ground previoualy held sacred, tJiat is, in technical language, iVo- 
/irre a. augere a. ampliare et lermijiuTe pomtrium — pomerio ad&re — propa- 
gun terminos urbii. According to the Koman constitution, no one waa 
permitted to extend the pomerium, unleas he had extended the domin- 
ions of the Boman people; and altliough many generals under the 
republic might have clninied the privilege, no auch extension took phice 
from the reign of Serviua Tulliua to the dictatorahip of Sulla, by whom, 
by Auguatua, and by Claudius, (and perhaps by Julius CieBar alao,) the 
pomeriom was successively enlarged. < Stonea have been found in vari- 
ous places around Home, which commemorate tlie extension of the 
pomerium by Claudiua in 47 a.d., by Veapauan in 74, and by Hadrian 
ID 121. Their line follows closely that ol the walls of Aurelian. 
We give the text of one of these inscriptione, discovered on Nov. 30, 
1884, at the foot of Monte Testaccio, which possesses peculiar interest, 
from exhibiting one of the new letters added to the Roman alphabet 
by the last named emperor— Ti. C lauhiu s. Dhijsi. F. C a is ah Aug. Geb- 
MANicvs. Pont. Max. Tkib, Pot, Villi. Imp. XVi. Cos. HIT. Censob. 
P. P. AucTis. PoPuLL RoMAKi. FiHiutJS. PoiiEiiicM. AmpliaJit. Ter- 
HiNA.jiTq. 

Raftorences.— TiiTo Uh. v.. i[l« Llv. I, 41. T»cit 
XUl. It Ulon Oin. XLlll, SO, SLIV. 49. VoplK, - 

Ami in Jr SaumtU, In Hirma, ntJ. Z£lL, p. tli. 



TOFOGBAPHT OF ROME. f 

the pomerinm ud a circle drawn rouud the city, embracbg « widet eir> 
edit than the pomeriam. Thoae auspicei which were in no wajr con- 
nected with the iateraal affnirB of the city, or with matters traauctad 
within the city itself, such as the auBpicei which referred to a foreifpn 
war, or to thoee assemblies of the people which could not be held withm 
the pomeriam, were observed in the ager effalia, and could be takea 
aowhere else. Tbos we uaderatand the neoesBit; imposed upon gene- 
rals of returning to the city, even from a great distance, if circumstances 
oconned which rendered it imperative to renew the auspices (auipicia 
TtpeUre — aaspicia reiuivare). From what has been stud, it will be per* 
ceired that the pomeriam was within the ager effalu$, but did not form 
a part of iL' 

4!1i1m •« ihci HarsK HIIU. H«« ■■«!■■* Ihaa RsiM. — The advan- 

tages presented by the site described above, were so namerous and to 
obviotu, and the security afforded by rivers, marshes, and precipitous 
cliSs so great, thnt soma of the hills must have been permanently ocon< 
pied by^iepherds and huntsmen from tiieAlban and Sabine Mountains. 
Accordingly, we Snd traditions of an ancient settlement on the Capito- 
line named Sataniia, the hill itself having been designated Matu Siilvr' 
nt'ui. In like manner, a village jEnea, or XndWu, is said to have once 
existed on the Janiculum, while the posm of Vir^ has made every one 
famitiar with the colony planted by the Arcadian Evander on the Fala- 
ttee — a legend which evidently points to a Felasgtan settlement.' 

The numerous works pubUsned of late by Ponsi, Pigorini, Terrigi, 
snd de Rossi have thrown much light on the prehistoric remains of 
Rome and of the suburban diatricta. These remuns are on exhibition 
iu the Xew Municipal Moseom at the Orlo Bolanico, a collection most 
carefnlly arranged. 

Rerereuoas.— FIgarliil: BMtU.MPaltiiiliu>bigUiitaHKiM<:BUM\.iay Da Boul, lllctwlg - 
R a f ftt t o mftl a/mdi paleetinotooici n^ta Carnpaana Romano, Botud, IMT. Id. ifanpitli 
artaica Bemaia iceftrla frtut S. MarUna, In Bmll. am. IgO. p, U. DraiNl : La lUfpiUtt- 

CKr sr RsHHliH, imil Ha (rmdHBl eslaHilsB ■■III Ika reUa af B«nlB* 
TnlllB*. — All ancient writers agree that the original city of Romolus 
was built upon the Palatine. We have already seen that the name of 
Roma quadrata does not apply properly to the city, being that of an 
altar raised over the pit in which the implements used in tracing the 
tuieui had been buried. We must also remember that the line of the 
pomeriam is wholly different from that of the walls. These were built 
against the cliffs, on a ledge cut expressly at a great height, while the 
pomeriam followed the ''TAakwe" oelow, or the borders of the marshes 
of the Velabrnm. The early walls of the Palatine have been found in 
three places, viz., at the corner overlooking the Forum Romannm, at 
that overlooking the Ara Mtajnia, and near the middle of the soath-weet 
side, under thebouse of Augustus. The nnmber of gates was three or 
four, tbree beina the smallest number allowed by the Etruscan diacip- 
line (Serrioa ad Virg. Mb. I. 122.) The site of the forfa Mtguniu, 

I Vuro LK Vt { sa Cle. di KD, II. *. ds DIt. L IT. Epp. td Q. T. II £ Uv. TIIL N. 
X 3. ZXIIL Id, SdTT. ftd Virg, JBn. IL ITS. VL l«r. 

•VaniI.L. V.)«A. PUn. ItN. ULa SoUil I. la IHoBja L Ta rMHu. r.v. MlmiO. 
y. Vt. Sarr. Vlrf. So. VUL SIK. 



8 TOFOaKAPHT OP ftOKE. 

afUnntfda knoirn as tli« Vetia Porta Palatii, of the Poria RomanuUt, or 
Rtmuuia (vk., leading to the Rnmon, or rirer), And of the Scalm Cad, 
are marked in our ptan of the Palatine (p. 44). A fourth gate stood most 
likely near the coovent of S. BonaTentura, on the «ide facing the Coelian. 
'nith regard to the gndual esteuBion of tho city, the Htatainents of 
different writers are aomewhat at variauce with each other ; but the 
prevailinfc belief was that the Capitoline, the Forum, and perhaps a 
portJoQ of the Quirinal, were added upon the union of the people of 
Bomulua with the Sabines ; that the Mons Coelioa was coloniaed by the 
Etnucaos; that, upon the destruction of Alba Longa, and the removal 
of the iobabitantt, the Vallii Murcia waa occupied ; that after the fresh 
conqoeata achieved byAucus Martins, the Aventine was taken in ; while 
tlie VimiDal, the Ea^niline, and the Quirinal were annexed by Tarquin' 
ins Priflciu and ServiuB Tulliua. To the latter especially ia ascribed the 
completion of the great work commenced by his predecessor, the con- 
struction, namely, of a wall which enclosed the whole of the seven hills, 
and perhaps a portion of the Janiculam beyond the Tiber. All admit 
that the circuit thus marked out remained unchanged for eight hundred 
years, that is, until the reign of the Emperor Aurelian, by whom a new 
aod more extensive line of fortifications was constructed.' The limJta 
of the city, as defined by Servius TuUius, demand particular attention. 

C»Bra« •rthe Sarvlaii WbII. — Even in the time of Dionysius, it bad 
become a task of conaiderable difficulty to trace the exact line of the 
Servian wall, in consequence of the masses of building by which it was 
masked on both sides. But although doubts may have been entertained 
with regard to ita position at Bome particular points, the character of 
the ground ia such, that even in the present day we can, with confidence, 
determine ita coorse within narrow limits. The walls themselves have 
actually been discovered, within the last few years, in thirty-seven dif- 
ferent places.. We are helped also by the information contained in 
ancient writers regarding the gates, the position of which can, in several 
instances, be identified with tolerable certainty. We have, moreover, 
every reason to believe that the engineers availed themselvpB at every 
point of the advantages presented by the natural aspect of the ground, 
and that while few or no bulwarks would be regarded aa necessary on 
the tops of the crags, so, on the other band, the openings presented by 
the hollows and by the plains would be fortified with uncommon care. 
The side on which Home was most accessible was on the north-west, 
for there, as previously remarked, the long ridge which connects the 
projecting tongues of the Quirinal, the A'imina), and the Esquiline, falls 
with a veiy gradual and gentle slope to the level ol tho tableland of the 
Campagna. These projecting spurs may be compared to the finger of 
ttti open hand, the wrist of which is defined by the valley of Sollust on 
one side, and the valley of the Via Merulana on the other. Servius 
Tullius cut the wrist across by a ditch 100 ft. wide and 30 ft. deep, by 
means of which the heads of the two valleys were joined ; and with the 
earth of the excavation he raised an embankment lUO ft. wide and 30 ft. 
high, supported by a front wall This is the celebrated Aggtr Herdi 

■ On the rndoMi eitoniloii or the dtr, Me Ur. I. CD. sa. 31 U. UL (). Dloan. O. N. ». 
Jft«l.IILL4& AiuLli»t.,lg71.p.ia. 



".OOglf 



TOPOCIlAPHr OF ROBE. 



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10 TOPOGftAPHT OF BOHE. 

Tutlii, a portion of which iraa converted by Maecenas into a public pro- 
menade, ou account of ita commanding position. The Agger, which 
ran from tiie Porta Cotliua (TreaniTy Buildiucs) to the Enquiliaa (Arch 
of Gallienus). has been deatroyed since 1870, to make room for the 
extensions oi the city Lnown aa the '■ Nuovi Quartieri." Traces of it 
ma; still be seen near the railway station in the Fiazxa del Macao, and 
in the Piazza Maufredo Fanti. The general course o( the watb, as 
narked out by the most judicious topographers, will he better under- 
stood by examining the plan than by any verbal description. It will 
be seen that at one point only was the line interrupted, vii., between 
the Capitoline and the Aventiiic, and here the river, the bank being 
faced with a stone parapet, was considered to afford sufficient protec- 
tion. This river embankment, built of large blocks of peperino and 
tufa, had come doifn to our age nt'arly intact, especially in the neigh- 
bourhood of the mouth of the Cloaca Maxima. It has now been con- 
cealed behiDd the new embankment (Lungo-Tevere) raised to protect 
Borne from inundations. The whole circuit of the Servian ci^, thus 
defined, is about five miles, which agrees perfectly with the staEemeat 
of Diouysius, that the portion of Borne within the walls corresponded 
very nearly in extent with Athens. (Uionys. IV, 18, Thucyd. II. 13.)' 
RefepenMS.— Landuil : BalU nura i forit di So-uio, Borne, 1871. lordu: fepo- 
Strvit, Jtomn, 16:j3. Bull, mm., 1876, pp, 2(. 131, Ki; 18BS, p. 13. 

OKin ofihe tfcrriBH CliT. — The number of the gates has been vui- 

ously estimated, according to the various interpretations assigned to 
different passages in the classical writers and the grammarians. The 
question lias been now settled by actual discoveries, either of the gates 
therasekes, or of the pavement of the road which passed through them. 
Much confusion has undoubtedly arisen from the fact that, in the cooise 
of centuries, many new openings were cut in the walls, lil;e the faraons 
Via Nova Antoniniana; but we are sure that the following names and 
location of the Servian gates may be assumed as correct. 

Beginning from the left bank of the Tiber, above the poos AentUiui, 
and proceeding from left to the right, we meet in successiou : — 

1. Porla Flumenlaim, close to the Tiber, from which issued a road 
corresponding to our Via della Fiumara (Liv. XXXV. 9. 21, Banl, 
Diac, B.V, Fliiiiitntana, p. 89). 

2. Porta THumphaUi, wliich was opened only to victorious generals. 
It spanned the street now called Via della Bocca della VcritA (Cic. in 
Pigoi,. 23. Tacit Ann. I. 8. Suet. Octav. 100; Nero, 2a. Joseph. B. 
J,, Vn. 5, 4). 

3. J'lirta Carmeiilalia, the third in the short line of wall running up 
from the river to the south-west extremitj of the Capitoline. It was 
named from an altar of Cnrmenta, Vk^faiidic mother of Kvander. The 
gate, to which the \'icue lugarius led, had two arched passages (Jam), 
of which that on the right hand, under the overhanging cliffs of the 
Capitol, was regarded as of evil omen, because the Fabii passed throagh 
it when tbey sallied forth on their ill-fated expedition. (Liv. II, 49. 

> Dlocja. IV. 13. IX K. CIc de R«p. IL «. Bj FUd. KX. IIL I. It U called Iha Amw 



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TOPOaRAPBT OP SOME. It 

XXIV. 47. Ovid. F«L II. 201. Feat s.v. BeUqiom, p. 285. DionjB. I. 
32. Solin. I. 13. Seir. nd VirR. .Sn. VIII. 387.) 

4. Porta Raluniena, in the gorge between the Capitoline and the Qitir- 
iuAl: its site nas discovered in lSfi2, opposite tholiouse in Sic in the Via 
di Marforio (Feat. B.V. Hatiiimna. Plin. H.N. VIII. 42. FlutMcb. 
Ptipl. 13.) I'he Via Flamima iwaed from it 

5. Porta FontinaUt, on the slope of the Quiriniil, now called Magnana- 
poll Discovered in 1875, under the Palaxzn AnUmtUi, where it can 
etill be seen in a wonderful state of preaervation. (Liv. XXXY. 10.) 

6. Porta .Sangualu, the site of which id marked by the tomb of the Sem- 
pronii, was discovered in 18t>6 at the top of the Salifa tlella Dateria. It 
was named from the adjoining' temple of Scmo Sanciu Diu» FidiiUj dis- 
covered in 1878 under the convent of S. Siiveitro al Qairinale (Liv. 
VIII. 20. Paul. Diac. s-v. Sartqualii, p. 345). 

7. Porta Salalarin, named from the adjoining temple of Salus; its site 
was discovered in 189:i in the f juiidatiuna of a house, n. 143 via Q^attro 
Fontaae (Liv. IX. 43. X 1. Plin. XXXV. 4. Paul. Diac. a.v. Satul. 
Porta). 

8. Porta CoUina, at which the walla ceaeed, and the great Afrger began. 
It was discovered in 187:i under tlie north-eset corner of the Palazzo 
delle Fmanze. One of the principal streets, the Alta Semtta, led to it from 
the interior of the city, while two roada iasued from it, the Salaria Nova 
on the left, the Nomenlana on the right (Liv. 11. 11). 

9. f^ta Viminaiia, about the centre of the Agger, discovered in 1878 
at the north-east corner of the railway atation (Strabo V. 3. 7.) It 
gave origin to the Via Tiburlina and the Via C^Uatina. 

10. Porta Eiquiliiia, for which the Arch of Gallienus was substituted 
in the third century. The arch is stilt extant by the aide of the church 
of S. Vilo. The Via Labicana and Praeaesdna leaned from it. 

11. Porta Qwrqwetuiana, in the hollow between the Esquiliueand the 
Viminal, neai the church of A'. Clemente (Plin. H.N. XVI. 10. Feat a.v. 
QwrqiKttdana, p. 2Q1). 

12. Porta CotUmonlana, near the church of SS. Qaattro Coronali, the 
starting point of the Via TioKuUiaa. 

13. A gate, name unknown, discovered in the aixteenth century, oppo- 
site S. Maria in Dominica. It was connected witli the Porta Metrom of 
the walla of Aureliau by a road still in existence. 

14. Porta Capena, in the hollow between the Coelian and the Aven- 
tine, re-discovered by Parker in 1867 in the garden attached to the 
chnrch of & Gregorio. It was the laost important of the gates of Ser- 
viua, aince the Via Appia (and the Via Latiaay started from it 

15. Porta Lavtmalie, behind the church of S. BaiMna, the starting 
point of the Via Anlratiiia. 

16. Porta Naeria. near S. Saba. 

17. Porta Rudiucalaaa, to which the atreet known as the Piscina 
Publica led from the city, and from which the Via Oiliemit started. Its 
site is marked by the most splendid remains of the Servian walls in the 
viale di Porta S. Paolo. 

18. Porta Navalit, on the slope of the Aventine, near the Baitione 
del Prhrato. It spanned the roaid now named Via di S, Sabina. 



12 TOPOGRAPHT OF KOUU. 

19. PotUx Trigtmiiia, on the banks of tlie river At the foot of the 
Aventinc ; tiie Dame waa probably derived from its having three arch«s 

■eci*B* •/ tb« SMTiaa vtir. — ServiDB divided the whole epaoe io- 
cluded by his walls, vricfa the ezcepiion of the Aventine and the Capito- 
line, into four districU, (Regionet,) which correspooded witli bis diBtri- 
bntion of the four city tribes. 

1. Segio Suburana, comprising the Coelian, the valley between the 
Coelian and the Esqiiitine, (^Cerolieiuiis,) the Carinae and the Subura. 
2. Regio Ei^iliiia, coinprising the remainder of the Esqailine and the 
valley between the Eaqiiiline and the Viminal, 3. Stgio CoWna, com- 
prising the Viminal and the Quirinal, witli the valley between them. 4. 
Segio Falatina, comprising the whole o( tlie Palatine with the Velia, the 
vailey between the Palatine and the Coelian, and, probably, the low 
grounds of the Velabruin. (Varro L.L. V. g 46-63.) 

HrpilBoniliiH. — Conijected with the early topography of the city, was 
tlie Sfplimonliuin, or StpiimunCiale Sacrum, a festival celebrated in the 
month of December by the inhabitants of seven elevated spots in Rome, 
which kept alive, in later times, the memory of n period wJien these dis- 
tricts were first united by a common bond : bat these were quite distinct 
from the seven hills of the Servian city. Fcatus names as the localities, 
in each of which sacrifice was offered by the inhabitants on this holy 
day, the following : Palatium, Velia, FaRatal, Subura, CermaJua, Oppina, 
CoeliuH Mona, Oiapiua Mons; the number being here eight, one must 
have been interpolated, and aome critics would reject the Subura, while 
others eielude the Coelius, The position of all has been already indi- 
cated, with the exception of the Fatjutal, which is uaually placed near 
■the I^rla ICmjuilina, or in llie hollow between the Esqoiline and the 
Coelian. In any case, it will be perceived that the confederacy or 
league eommemorated by the Septimootium was confiued to the inhabi- 
tants of the I'lUatinc, the EaquiJine, and the Coelian, to the exclusion 
of the Capitoline, the Aventine, the Viminal, and the Quirinal,' 

raBarciiaB vf ihc jaamlHa* wKk the Ciir.— Althoagh the Jani- 
culum was not regarded aa forming a part of the city, yet its com- 
manding position must have suggested the ejepediency,' and, indeed, 
the necessity, of eatablishing sn outwork on it Accordingly, both 
Livy> iLiid Uionyaiiia' agree in asserting that as early aa the time of 
Ancus Alartiua, it was lortified with a wall, and that a communication 
was eatabtiehed by means of ihe Putii Subticiiui, of which more hereafter. 
At the same time, it aeema unqiieationable, that, for some time after tlie 
expulsion of the kings, Kome possessed nothing on the right bank of 
the Tiber; althougli, as it gradually recovered its power, the re- 
occupation of the Janiculum would be one of the first objects of atten- 
tion. As to the position of affairs towards the cioae of the republic, see 
Appian. B. C. I. 68. Cic. 1. c. 

At all rvenia, whatever the importauce and strength of this detached 
fort may have been, it is certain that neitlier Servins,'nor any other 

■ Viira I^L. V. } *l TL I It. Fsittu it. SifiUmimtlo, p. tO. PlaUnli. Q. B. W. 
SuMoa l>i4B. i Kleliur: npetr-.v. te. 
■Cla d* J(C. aer. 1. L a 17. 'l W. MIL iS. 



".OOglf 



BOXE. IS 

King or ConHul after him ever built a contioaoua line of walU on thia 
side of the river. No mention of it or of its gates ia madu by ancient 
writers, and no trace of it has ever been found in modern cxcavatioDS. 
It may be remarked liere tiiat the atones of which the Servian walls are 
boilt, ihow some curious masons' marks lesembling the letters of aa 
Archaic alphabet. See lordan, Topngr, I. p. 259. 

Beferanoai.— Blohuri Jtri^dM^u^dfi /anfenIiuB. Berlin, ISH. 
The Citr In tha iiir •€ ABffaMBii. — It is Universally admitted that the 
fortified circuit marked oat by Servios Tnllius remained unchang^ed for 
eight hnndred years, until the period when a new and mora eitenaivo 
line of walls was erected by Aurelian and his successor. But, although 
the boundary of the Servian city remained unaltered, it must not be 
supposed that the city itself did not increase. There can be little doubt 
that a considerable portion of the ground enclosed by Servios was Dot 
built upon at all at that early epoch, but that large spaces remained 
open for the purpose of affording accommodation to the troops of 
countrymen, who, with their families and flocks and herds, sou^t 
refucfe in the city when their lands and property were threatened by 
the mroads of a hostile tribe. When, however, the fixed population 
began to increase with great rapidity, and when all danger of invasion 
had passed away with the discomfiture of Hannibal, not only was the 
vacant ground gradually covered with dense masses of building, but tho 
sacred character of the pomerium itself was disregarded, and the walls 
became so choked up with houses that it was impossible, in some places, 
to follow their course. In addition to this, lu-ge suburbs sprang up 
outside the walls, and even beyond tlie Tiber, and atretched in every 
direction, so that it was not eaaj to determine precisely the limits of 
the city, just as ii the case with London at tue present day. (See 
Diouys. IL 37. who speaks as an eye-witness.) 

Id the year 10 B.C., Augustas undertook the administrative and 
topogmphical re-organizatiou of the city, dividing it into fourteen 
wards or Itegiones, and each regio into several viei (parishes?), named 
from tlie main street which crossed them. We do not know the names 
of the llegionet of the time of Augustus; probably tbey were only 
numbered from I. to XIV., numbers I., V., VIL, IX,, XU., and XIV., 
being outside the walls of Serviua. The city was once more re- 
organized by Veapaaian in A.B. 73-74 after the fire of Nero (see the 
account of Pliny H.N. III. 5. 66.1, and again by Septimiua Severua in 
202-311, after the fire of Commoaus. A precious document has come 
down to us, giving fuU statistics of the city about the beginning of the 
IV. century: it ia an official almanac of which we have two editions, 
one kaown aa the A'otilia, the other as the Cariosam. Their data are 
aummed up in the followiog table: — 



3,a,l,;t!dbvG00glc 



TOPOGRAFHT OF EtOKS. 



1 


NUMOfBBgiOIt Sg 

if 


il 


il 


°i 




Il 


5' 


1 

1 


Ali^mJl,. . . . 
PlKin* PqbUci, . . 

S.r.SH.,; : : 


H 
I 


in? 

iZ 




i 




IS 


i 


89 
ISO 


i 


!3 

a 

n 


i 


a.cn 

1 



RefBrences.— On ifat XlV. B<>gtoH 

Aaaliirrmillunr, t. IIL p. 901. Do Ba 

dlRoms, ISeO.p. lLS.pUielX.-X. (/Hi? 

DeftrenGes.— On the Soiuia ud c 

"---■ 'orWiMemehittmll, p.. 



> or RDme— lordui : Topaamlitt ILTt. Muqurdl; 
'[: /'InHiMAgna.p, Sfl, BallellliwAnilL Comiuule 






31 QdlDOffen der SkfaiLioheD 



OeHllectiftri Ai 

We Bhall first describe the Forum, the centre, the heart, as it were, 
of the cit)' ; we ahtiX next mention the most remarkable objects on eiKh 
of the seven hills, and in the valteja which separate these hills, and 
then discuss the low grounds which they oTSriook; cooclnding with 
an eDumerstion of the bridges, of the aqueducts, and of the high roads 
which branched ofF in different directions. Before entoiing upon this 
part of our task, we may say a few words upon — 

Tfaa Walla ■fAarciiiin.^ — All apprehensions of foreign invauon bad 
ceased wilh the close of the second Puuic war. and for many centtirieB 
the revival of such alarms seemed impossible. Hence, among the 
various extensive and costly works undertaken by the earlier emperors, 
for the comfort or embellishment of the city, do thought seems ever to 
hare been bestowed upon fortifications. But when hordes of fierce 
barbarians, on the northern and north-eastern frontiers, began to 
threaten the soil of Italy itself, the necessity of affording protection to 
the metropolis, which could not have offered even a show of resistance 
to an invader, became evident and urgent. In !J7I the barbarians 
made a snccessful inroad as far ns the river Metaurus by Fannm 
Fortnnae. Aurelian succeeded in pushing them back beyond the 
Alps. However, the risk which the capital of the empire had run was 
ao great that he formed the design of encircling, with a great wall, the 
whole of the vast mass of buildings which had grown up beyond the 
ancient limits ; and the task which he commenced with vigour, bat 
was prevented from finishing by death, waa completed by bis successor, 
Probus. Much discussion has ariseu with regard to the actual extent 
of these walls. According to my own survey, their circuit on both 
aides of the river measures 18,837 metres. They are atill in a tolenkfale 
state of preservation, except on the right bank of the Tiber (^Tratitlevere) 










BASILICA JUI.IA 



4 ''. 



NOF THE Rohan 



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^oiizodbyGoogle 



TOPOGRAPHT CF ROME. 15 

irhere tbev bave heen replaced by an altogether different line of fortifi- 
cataoDS. In A.D. 403 they were largely restored by Arcadius and 
HonorinB, and later on b; NameB and BeliMrina. At the time of 
Pope Hadrian I. there were S83 toners, 7,0^0 battlementa, 2,066 
windows, 16 pn'DcipsI frates, snd 5 postems or wickets (tiiXi?i:). The 
gates are still in use. Beginning from the left hank of the river and 
proceeding from left to right, we meet: — 
1. Porta Flaminia, now p. del Popolo. 
V 2, Porta Pindana. 
\a. Porta Solaria. 
"^Lforla^A^aineRfanfl, a little to the right of the modern p. Pio. 

5. Porta Cloiua, adjoining the south side of the praetorian cadip. 

6. Porta Tilartina, now di S. Lorenzo. 

7. PiTla Praeneitina, now Maggiorc. 

6. Porta Aninaria, a little to tbe left of the modem p. San Giovanni.' 
9. Porla Mttroiti (closed). 
. 10. Porta LaUna (closed). 

11. Porta Appia, now di S. Sebastiano. 

12. Porta ilrifcad'no,' destroyed by Sangallo under PanI III. 

13. Porta Ostimm. now di S. Paolo. 

14. Porta Portuejudu, ^ mile outside the p. Portese. 

15. Porta Avrelia, now di S, Pancrazio. 

16. Porta Seplimiana. still eiiating, although modernized. 

In bnilding these walls, Aiirelian took advantage of many pre'Cxisting- 
constructions, snch as the enclosure wall of the Harli Acitinrum on the 
Pincian, the tombs of the Corneiii on the Via Salarla, the praetorian 
camp, the lofty nqueducts of tlie Marcia and of the Claudia, the 
Amphitbeatrum Castrense, the pyramid of Cestios, &c. Many of these 
monuments can be seen in our map. 



THE FORUU. 

,—WlbJ, Ikl/aroremamo^Sonu,lSl9. bBsaaa,LttforviMdtRoiiitralavr£t, 
nvQiv, iQdj. i.4DlnA. Kifn^iiBnt dtl faro BomaKO. Itoma, 1S34-184A. XScholH, The Raava 
A»Tim, Loudbn, I8JJ. iQrAi.n, TtifogratliU i.,f. itmut UOtrrtilt da Farumi). Mirucohi: 

All important towns in ancient Greece and Italy had an open area in 
some central situation, which served as a place of general resort for the 
citizens. In the immediate vicinity the courts of jnatice and the 
gOTomment offices were usually established ; here the principal mer- 
chants and bankers transacted their business, and here public meetings 
of every description were held — it was, as it were, the focus of 
commercial, legtil, and political life. Thia space was termed by the 
Greeks Ayifii^j tbe Italians Forimi. In regard to Kome we generally 
speak of the Forum Bomanum emphatically, in order to distinguish the 
forum of the republic from numerous other fora, constructed, chieSy 
for legal purposes, by different emperors, and from the ordinary /om, or 
bazaars, where goods of a particular description were retailed, such aa 
tlie foTvm oUtcrium, or vegetable market, the fiirum pitcatori«m, or fish 
nuiket, the /arum boarinm, or cattle market, and others. 

Wwwmm BaBaBBM. — This may be regarded as the most interesting 



16 TOPoeiupRr ae roue. 

localitj in Rome, from tbe nnmber and tbe character of the faiatoikal 
erents vith which it is aMociated. For a long period much doubt 
existed as to its precise position and limits; hut these have uow beea 
ascertained in the most sstisfactoiy manner by recent excavatioDa. It 
stretched, as ire have already indicated, from the bane of the Capi- 
tolioe as far as the bottom of the slope of the Velia. The area, paved 
with slabs pf travertine, is rectangular in shape, and measures 94 metres 
in length, 45 in breadth. It is surrounded bj the Sacra Via on the 
west and south sides, by a street called ad lamtm on the e^st, while 
on the north side it ended at tbe foot of a raised platform, part of 
which was known aa the GraeeogUuis, part as the Sottra. The space of 
94'° X 45 must appear extremely confined, when we take into account 
the large population of Rome towards the close of the republic, and 
the vast amount of business transacted witliin its precinuU; bnt it 
■nnst be remembered, that when it was first formed tiie cit^ was little 
more than a large village — that from a very early period it was sur- 
rounded by shops and edifices of all descriptjocs, the property of 
private individuals, and that consequently its extension became a matter 
of great difliculty, although means were eventually taken to increase 
the amount of accommodation by the erection of porticoes and court- 
houses, opening off it. The annexed plan is intended to convey a 
general idea of the relative position of the difierent objects in and 
around the forum. 

The forum consisted eBsenlially of two parts; 1. The Cumifiuin, and 
2. The Foriim proper, or lower forum. These two terms are frequently 
-employed as distinct from eacli other, and each most be examined 
separately.' 

COMITICU. 

Rererenees.— UommKD : dt ComlUi,. Ann. Inun, 18(4, p. tsa. Bsbgr : Die Lagi fr Curia. 
IhHt. DailslHD^dfCnmrw.Aiin. luL. iseo.p. liS, LmmIhiI: ^'oBfii iM HHte rvHuo, 
Atil LlDcel. T. XI., Juurr, ISK), Ha»J*an. llSm. ttiUhiil, ISM, L 

This name was given to tliat portion of the Forum which was 
immediately in front of the Curia or Senate House (now the church 
of S. Adriauo). It is an area paved in travertine, like the Forum, and 
triangular in ebape ; a portion of it has lately been excavated. It 
vas consecrated by tbe Augurs, while the remainder of the Forum was 
not, and was set apart for particular purposes. 

It was the regular place of meeting for the Conutia Cariata, or con- 
stitutional asaemblies of the patricians, and hence, according to tbe 
most reasonable etymology, uie name was derived — Cowtilii, ab eo, 
^uod coiBANT eo Cumitiui Curinlu el litium cavia.^ In the Comitinm 
public meetings (conciona) of all classes were also held ; and when 
games were exhibited in the lower forum, the Comitium was frequently 
covered over with an awning for tbe convenience of the senators and 
oUier dignified persons who stood there to witness the show.* 

The monuments mostly mentioned in connection with this celebrated 

' Clo. In V.rr. I. M. pro 8«it X. Uj. T. U. XXXIV. IS. Dlonj* L S7. n. It. HL I. & 



^oiizodbyGoogle 



TOPOOHAPHT OF HOME. 17 

The Cttria or Senate House, first c&lled Hoitilia, then lalia, Uter 
Senata*. It waa built by Talltus Ilostilius, after the deatniction of 
Albft Longa, and from that time forward, until the dowufall of Uie 
republic, was the ordinary place of meetio^ for the Seuate. It wu 
«iUier rebiiilt or eitenBively repaired by Snlla — it waa consnmed by 
fire ia the tnmnlta which followed the death of Clodins — it was rebuilt 
by Fanstus, the son of Sulla, and soon after demolished by Juliua 
Ciesar, in order to make room for a temple of Fetuitas, In consequence 
of the prodigies which fallowed the death of CKsar, the Senate psMed 
a vote to restore the Curia ;' and this resolution was carried into effect 
in the year 42 B.C., by Au^atas, who named it lulia. Having been 
damaged by the fire of Nero, it was repaired by Domitian A.D. 83. 
Another fire destroyed the ediGce under tbe reign of Carinus, and it 
was rebuilt by Diocletian. Procopius apeaka of the Curia (BeuiiiiiTiipfaO 
aa still in ase towards 540. ^i^ety years later Pope Monorins I. 
consecrated it to Christian worship under the name of S. Adriano. 
We owe to this circumstance the fact that the Curia or Senatia has 
come down to us in so good a state of preservation. The pavement 
was raised to tbe modem level by Pope Urban V'ill. : the bronze 
doors were removed to tbe Lateran by Alexander VII. Adjoining the 
Curia waa the Secrttariitm Sfanim, rebuilt A.D. 412 by Flavius 
Eucharius, consecrated in tlie VH. century to S. Martina, and trans- 
formed into modem shape by Pier da Coitono. 

TrlbBBHl, PHiral. — On the Comitiuni was a raised platform, the 
original Tribunal, where the Praetor Urbanus sat to administer justice. 
It waa used for this purpose down to the very close of the republic, 
although from (he increase of legal business, both civil and cnminal, 
numerous other tribunalia were established elsewhere. Close to the 
tribanal was an altar in the shape 
of the mouth of a, well (puleat), 
under which the razor und whet- 
stone of the augnr Attus Navius 
were buried; this was thecelebrated 
Puteal Libonin or Puleal Scriboni- 
nntnn, so named in consequence of 
its having been restored and beauti- 
fied by Scribonius Libo ; it became a noted Ttndrzvowi for v 



business, A representation of this monument, as it appean upon a 
denarius of the Gens Scribonia, is annexed.' 

H««'".— On the boundary line, between the Comitium, the Graecos- 
tasis, and the side of the forum at the foot of the Capitoline hill, stood 
the elevated platform (gubgtxtta). adorned with naval trophies won 
{B,C. 338) from the Antiates, and hence called Bmtra, from which the 
magistrates and other public speakers were wont to harangue the people. 
The Rostra,from being consecrated, is frequently spoken of as a r«ni;>Iuni.' 

The controversy about this celebrated feature of the Roman forum ia 
too complicated to be diacosaed in these pages; therefore, we refer the 

■VarTaI.L.IV. SL Ut. I. SO. Cle.*!. r.|i. IL 17. ObUIm IIV. 7, T, 
> Ck. d8 dlTla 1. 17. Bor, B. IL *1, *t. Bpp, I. lU. R. Fan. 8. IV. t», MKl lh» MboliuU 
Bpoa thcH iwHuaa. Dild. U.A, HI, 
■ LlT.VIEl.K. Pllo. XXXIV. S, Amwb. »d Cla pro. UL «. 



18 TOPOOlUfHr OF BOHE. 

atndeDt to the Htandard works published lately on the subject, Bneh as 
Jordan's Rottri M Foro in Ann. Inar., 1883, p. 23 ; Sichol's Notisit dei 
Roilri, Rome, 1865 ; and Uichter's Rek(ia»trukliiin unJ Getchichle der 
R6m. RednerbOhiie, Berlin, 1881. 

FIcBB RhbiIuIIb, Ac' — Un the ComitJnm were some of the moat 

ancieut memorialB connected with the lef^endary history of tbe citj. 

Here was to be seen, even in the reign of Nero, tlie Ficas RumnaUg, 

the sacred fig-tree under which Romulus and Remas were suckled by 

the wolf. This originally grew upon that part of the Palatine called 

Gtrmalvs (gee above, p. 3), but was transplanted miraculously to the 

Comitium, through the iuBtrameutality of Atta Naviua, whose statue 

stood hard by with veiled head (capile rclato). In the annexed cut will 

be seen the wolf, the twins, 

tlie fig tree, tbe woodpecker 

and the shepherd Faustulus, 

as rudely represented on 

a denarius of the Geo» 

Fompeia. 

Id the Comitium, near 

the Rostra, was a statue of 

the Satyr Marsyas, where 

the pleaders were wont to 

congregate,' and three very 

ancient statues of the Sibyls, described by Pliny, It must be obserTecI, 

however, that some of our beet modem authorides suppose that tiie 

Sibyls, as well as the Maniyaa, were iu the lower forum. Students \aaj 

oonsnit on ibis subject Jordan's Marsyas aufdeta Forum, Berlin, 1883, 

and Bunseu's Le Forum Romaiium, p. '2'S, n. 27. 

We now proceed to notice the buildings which were ranged along the 
four Bides of the forum, beginning from the east side, along which ran 
a street called ad lonum.' The accompanying map is drawn in accord- 
ance with the results of the very latest excavations. 

We must separate first of all the monumentti pertaining to the early 
history of the forum, which disappeared or changed shape, site, and 
scope in progresa of time, from those mised at a later period, and which 
laBted until the fall of the Empire. 
To the first set belong tbe — 

Tnkcriin Veif rea. TabBTBa NsTic. — Each of the longer sides of the 
forum, from the time of Tarquinius rriacus, was lined with porticoes, to 
which rows of shops (labeniae) were attached ; these were at first 
tenanted by schoolmasters and by ordinary tradesmen, among whom 
butchers are especially noticed ; but in process of time were occupied 
almost exclusively by bankers, and, hence, are frequently comprehended 
under the general designation of Tabemae Argeiilariae, The row upon 
tbe south-west side, having been erected first, bore theuameof Tabemae 

ifuL dacKT. JhuHfinifd. p. 3TI. Fan. i.T. Jfixja.p. IBS. Ui. L 9S. Plln. if .#, X7. 
18. TulL Ann. XUL U. DIodti. IIL TL 
*HDr. B. LTLUCud&ctioLCriu]. ManiiL U. «. Senec dsbeoer. VL3:. YOa. B.N. 



TOPOGHAPBI OF HOME. 19 

Fe/ecM.thoBe on the north-east Bide of Tnhemae Novae, while a particui&r 
computnient was knowu as the Septem Tabtriiae. and at a iaCer period 
08 the ibunrpK Tabernae. These locniities vere so coatiuoAllj in the 
month of everj one, that we find them generally spoken of simply aa 
Vclfref — Novae — Argentariae. tlie aabstaatiTe Tubtmae being dropped 
for breritj. The Tabernae Novae disappeared with the construction of 
ibe Batilica Fukia andAeiailia, the Feferei with that of the Batilica luUa. 

TakBiB TalerlB. Tabiiin Ptexilii.— Cicera twice designates a partlcn- 
lar part of the fomm b^ the words Tabula Valeria, which are full; 
explained b; Flinj, who informs ns that M. Valerius Maximns MeBsalla 
placed upon one side of the Curia Uostilia a picture representing the 
victory gained by him in Sicily over Hiero and the Carthaginians, 
B.C. 263. The Tabiila Sextia spoken of in the speech Fro Quinctia as 
in the fomm, was probably something of the same kind. 

Lbbbb Caniao. — An altar, in the very centre of the fomm, marked 
the position of the Laeux Ciiriim, concerning which there were three 
distinct legends : 1. That it was a memorial of the great battle between 
the Romans and Sabines which followed the seizore of the Sabine 
maidens, this being the spot where the hone of Q. Curtius, the Roman 
champion, succeeded in atrugfifling out of the swamp in wliich it had 
become entaogled.' 2. That thia was the place where, in the fourth 
century of the city, a yawning gulf suddenly opened, into which plunged 
the youthful warrior, M. Curtius, generously devoting himself to 
destruction in order to secure tlie welfare of his country.' 3. That it 
was a spot which had been struck by liglitning (^/ulguritum), and, 
aa usual under such circumstances, surrounded by an enclosure and 
regarded as sacred, the ceremonies having been performed by C. Curtius, 
who was consul B.C. 310.' 

Close to the Lacns Curtius grew a fig-tree, an olive, and a vine, whidl 
seem to have been regarded with the some reverence by the plebeians of 
the olden time, as the fig-tree on the Comitium was by the patricians.* 
Close to the Locus Curtius, Calba sunk under the blows of his 
murderers, and hero a statue was afterwards erected to his memory by 
the Senate.* Finally, beside the Lacus Curtius was erected the 
eciDestrian statue of Domitiau, so minutely described by Statius, in a 
pasMge which has proved a valuable guide in determining the position 
of several of the most rerasrkable objects in and around the forum.* 

€■■■■•■■ R«iiiniin, — In the forum was the celebrated pillar adorned 
with the Kostra of war-galleys, erected to commemorate the great naval 
victory gained by DuiUius, iu the first Punic war (B.C. :iliO).' A frag- 
ment of the original inscription engraved upon the base of the column, 
or, rather, of a copy of it made atakter epoch, still exists, and is a most 
valuable monument for illustrating the history of the Latin language. 

CslBBi«a MacHia — This pillar was erected, Recording to the state- 
ment of Flioy, in honour of C. MFeniua, who, In B.C. 33S, triumphed 
. Dlonji.n.«. PIut-EooLlB. Ovid. Fut VL Mi. Slit HUv. L L US. J8. 
- "'■- " " ■ - "li. Mil. V. il. J. 

r SiuL Qtlb. 33. 
' Sm Ctry'wi. i*KT. LMI*. vol. L p. 3T-W. a, \K. 



t, XV. It 



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20 TOPOORAPar of home. 

orer the Antiatcs. while the Scholiiut on Cicero aMerts that it was 
BKmed from a certain Manias, who, bavin); iold the whole of bis 
property to form a part of the ait« for the Porcian Basilica (see below), 
reserved one column, fi'oin which he aud his deacendants might view 
the gladiatorial abowH, 'a circnmatauce which coald have no connection 
with a pillar in the forum, although it may seire to explain the term 
Jfoentann, which originellj denoted BCsSoldinga or balcomea from which 

rtatora viewed the gamea. We find that the Coiamna Mataia waa 
p)ace where the TrinmviTi Capitaki were wont to hold their couria 
for tiie trial of siavea and malefactors of tbe lowest claaa.' 

TrlksMni AhtcIIhm. — The tribunal of the Praetor Urbanua wai, as 
ve have seen, in the Comitiani ; butaa legal buainess rapidly increased, 
it was found necessary to multiply the courts ; and, in all probability, 
when crimiunl trials became frequent, each of the judges haa a separate 
court in some of the Uaaiticae, which we ahall describe below. From 
Cicero we hear several tiroes of the Tribunal Avitlium (also of the 
Gradw Aartlii), and it ia conjectured that it was the same with that 
which he elsewhere notices aa having been in medio foro* 

t;l«ci«i(e BacniB. — On tlie north side of the forum was an altar of 
V«nus Cloacinii (CLueke anliqai pcKUAnE dicthaaC), where the Romana 
and Ssbinea were said to have purified themselves after lliey had been 
persuaded to lay down their arms by the entreaties of the women. On 
B denariuB of the Gens Mussidia, of 
which a cut is subjoined, we find a 
i Btructure represented with tlie word 
3y CLOACiN below, which we can scarcely 
kl doubt waa attached to the altar in 
a question. It is supposed to have 
been employed for aome purpose con- 
nected with the voting at the Comitia, 
and hence it is imaginedthat, of the two figures delineated, one is giving 
and the other receiving a balloting ticket,' but this seema very doubtf uL 
(iiBiBne.— There were several statues in the forum, among which we 
find specially noticed that of MKuiua, that of L. Gamillua, and that of 
Q. Marciua Tremulua, who triumphed over the Hemic!. Close to the 
latter, In later timea, was placed the etligy of L. Antonius, brother of 
the trinmvir,* 



S OK THE NOFTH ■ SIDE OF THE FORUll, 

Tvasyie »t ■•>«•.— Not actually in the forum, but in the immediate 

vicinity, at the opening of the great Via Argiklana (afterwards trans- 
formed by Domitian and Nerva into n Furum perciam or transUorium), 
was the celebrated temple of laniis, built by buma, which waa always 
closed in time of peace and open during war only (hence called indicem 

1 Pltn. H.N. XXXIV. fc Til. W. Clu DlTln.lnQ.C»«il.ia»ndSclloLpro8mt M. FmIoi; 
'■ iCIc^pfoStM; 11 In Ptaon. *, pro Cloent S4. Epp, «d ft F. II 8. 

•Ui.IILIS. PUaH.N, XV. «, PtaatC3iire.lV.il>. Eokh«l, Doctiln. num. tbI. Tom. 

•tlT. VIIL II. IX. «. (.Ma PhllLpn. VL 1. B« SMol'i form.pp. M-Sl. 

•Tba forum la »t ■'orlantwL- Wa lall BOrtli ilde ths ddb uwt looki Bon dinellgp 



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TOPOGRAPBT OF BOMC 21 

pacii belliipu^ Mid ita f^ates grmmat beBi porlae^). The edifice, uwcll 

■a the deity, was devignnted laniu Bi/roiu' — lanut Quiriiiut' — /anu* 

Geminiu;' and, in all prab&bility, seired origiDallf aa a gate to tbe 

citadel, and may be identical with the Porta lanuaUt named by Vairo.' 

We are told bj Livy ' thnt it atood at tbe lawer extremity of tbe 

Argiletum (ad infimum Argiktum), that ia, 

near the north-east angle of the foram ; and 

it 18 evideiit from the words of Procopiua 

that it waa between theCuria and the Basilica 

^Emilia.* But aioce it was not the only i 

shrine in Rome dedicated to tiiia god, and f 

since all open nrchwaye (iperviae tratititionu) \ 

were called J<ini, we must carefully avoid \ 

confounding > the peace and war temple with 

the temple of Janua built by Dtiilliua in tho 

Foram Ulitorinni near the spot where the 

theatre of Maicellua was afterwards erected," 

with the three arches or Jani in the Foram 

Sooianum mentioned ahoTe, and with tbe Janua quadrifrona in tbe 

Fomm Boarium, to be noticed hereafter. The lanua Geminua waa 

damaged or destroyed by the fire of Nero, and restored by DomiUan," 

together with the neieUiouring edifices. The temple waa diacoTered 

almost intact at the tieginning of the XVI. century by Card, di 

Cometo. It attracted the attention of all the leading artista of the age 

— Peruiii, Sangallo, Bramantino, &c. — who ha»e left precioua drawings 

of ita architecture. Its very foundations were nprooted by Card. Bellay 

in 1531. Our illustration is from a large brass of Nero. 

RefSspeneM.— Rule, iletmjiiidiOiinii}. Rome, 1831. Nlchol'i /'iriini, p. iV. I^nciial, 
VnU* t ali njlci ill Snala. Soma, 11(83. p. -U. 

■•ulIlM Pallia {et FnWln).— Erected B.C. 179, bjr M. Fulvius 
Nobilior, who was censor in that year along with ^1. .ICniilius l>epidua. 
It was opposite to the middle of the forum (in medio foro). from which 
it waa separated by the street ad lannm, and by the argealariae noitie, 
and therefore a to od upon the north side. It waa thoroughly repaired and 
apparently greatly enlarged in B.C. 6S, by L. .Emilius Paullus (consul 
B.C. 60), and hence, in aflertimee, waa frequently termed liaailica 
Pcnuli, and by Statiiia xubtimin rtgia PauUi. '" ' ' '"" 

that the words of Cicero, which form 
our authority for this rt^stonition, are 
so ambiguous, that many topoera- 
phers have concluded that Famlus 
not only repaired the ancient Basilica 
Fnlvia. but also conatrncted upon one 
aide of It another far more magni- 
ficent, and that this latter is the true Basilica Faulli." Un a denarius of 

<LIt. ll>. 'Vlrg. in. VII. (07. Pint. Num. ao. 

>VlrK.£o.Tn.lSO XILlsa. <Hor. C. IV, j>, S 

* Vura, L. L. V. 1 IH. PIId. U N. XXZIV. T. • Vkna. I. I. V. ) lU^ 




'Ut. Ll». 

•AlBcrrluhudoiHBdyirB. Xa. TIT. MI7. 
»T*d>. AdhILW. nin. H.N. XZZTL C a. CtniuLt. 
»lUnULBp.x.n. SuUdiBtI'IV. I. 
bUt.ZL.1. Tirrot I.I. Vt, |1. Cla.ad ^(lie,lT. U. 



Tooy 



22 TOPOOIUPHT OF nouE. 

the GcDS Aemilia, of wliich a cut is anDexed, we see a buildiog of two 
stories, Bnpported bj pilliu-H, with the legend Aimilu. M. Lepidus. 
Hef. s.c. We can scarcely doubt that this refers to the Basilica 
Emilia, and to ita restoTation b; a member of the same gena. 

The leading features of this structure were four rowa of superb 
columna of pavonazzetto or Fhr^ginn marble, much admired bj Pliny 
the elder.' Thej are believed to be the same which were removed to 
the Church of S. I'aolo fuori le mum in A.]). 386, and nearly destroyed 
in tlie great fire of July 16, 182S. The site of the Bamlica Paulh has 
never been excavated. 

Trnipic wf Aalaainn ■■« FaHMIiia, lb* X^r» Mrl l-ll of classic 

writers, dedicated by a decree of the senate, tirat to the deceased 
Empress, later on to the deified husband. 



It is one of the best preserved Epeeimens of a Roman temple, its 
frieze being especially remarkable for taste in design and sliill in 
execution. Purt of the cella was sacrificed in building the Church of 
S. Loreuxo, and the marble statra, leading from the Sacra Via to the 
pronaos, were removed to St. Peter's in 1542. It was finally excavated 
in 187G. 

MONl-MENTS OS THE EAST SIDE. 

Ad« diri iBiii — The first temple dedicated to a deified Roman io 
liisCoricol times. Ita erection on the spot where Ctesar'a body was 

1 E.N. XZXVI. It. H. 



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TOPOGRAPHT OF ROME. !8 

burnt wsa planned in B.C. 42, bat the Btracture waa only finished uid 
dedicated on Aug. 18th, B.C. 29. Ilistori&ns and poets describe it as 
raised oo a high platform, facing the Capitoline hill, and connected 
with the Rostra Inlia. All these characteristics apply to the remains 
discovered in the year 1S71, opposite the south side of the Fomm, aa 
ebowu in onr map. A semidrcalar plfttform, 30 feet in diameter, which 
opens in front of the pronaos, has been identified with tlie Roati» Inlia, 
once ornamented with the beaks of the Egyptian ships taken at the 
battle of Actinm.i 

L.l«e •(■ 8li»p( — In the tonrth centnry of oar era a line of shops was 
bntlt on the edge of the paved area of the Forum, opposite the temple 
of Julius Csesar. This carious structure was unwisely pulled down in 
1874. 

.Sdm Ctatmti*. — At the south-west comer of the Forum, but Bep»- 
raled from it by the bend of the Sacra Via, and separated also from the 
BaxUca lulia, by the Vicus TWeiur, stood the celebrated temple of the 
DuMcuri. geuerally mentioned as the jEden Ctutoris. It was built upon a 
spot where rose a spring called the Lacu» lulurnae, at which the twin 
brethren watered their steeds after the battle of the Lake Regillns. It 
was dedicated B.C. 484, od the 
Ides of Quiuctilis, the anniver- 
sary of the battle^wofl repaired 
by h. Metellus (consul B.C. 119) 
— was rebuilt by Tiberius in the 
lifetime of Augustus, and dedi- 
cated A.U. 6, nnd was connected 
with the palace by Caligula, who 
placed hJB own elGgy between 
those of the twin gods.' In 
the cut annexed, taken from a 

denarius of the (.lena I'ostamia, the Dioscuri arc seen watering their 
steeds at Che Lacas lutum^e on the evening of the battle. 

The remains of this temple, composed of a lofty substruction and of 
throe columns of the periatylo of exquisite design, constitute a well- 
known landmark in the topography of the Forum. They were exca- 
vated and ransacked towards lo50 by the builders of S, Peter, and 
again by Fea in 1618, and by Rosa in 1671 . The cellars, which were 
used as a strong room for the deposit of valuables, have not yet been 

BefbFonces.-diiU, 7>if.,is;i,p. IL TomMatttlln £ull. nm., lS90.p. 100. 



MOSUHEHIS ON THE SOUTH SIDE, 

The whole length is occupied by the noble rains of the BamUeae 
luUa, erected with funds supplied by Julius Ciesar and dedicated 

■Ofld. FuL IIL :a3. Metun. SV. MI. Applin. OlTll. IL 1*8. SoaioD lid. sa. Vlirnv. 



S4 TOPOGRAPHT OF BOUE. 

B.C. 46, although Aa^stna cUimed the merit of haviog completed it. 
Twenty jenra ifterwuds it wu destroyed by fire and rebuilt bjr 
AuguetuB, who dedicated it under the names of hia grandBons Caius 
and Locius ; but it appears to have been still usually digtloguished by 
its origiool designation. It was again destroyed by fire in A.D. 282, 
aod waa restored by Diocletiao. Its position is well aacerCained 
by comparing the atatements of the Monamentum Aiicyranum with 
the words of Festus and of the Notitia. from which it is clear that 
it must have stood between the /Edes Caetoris and the point 
where the Vicua Jugarius entered the Forum, at the side of the 
temple of Satom. 

The plan of the Basilica has been fonnd among the fragments of the 
Plan of the City engraved on marble by order of Severua and Caracalla, 
and fits exactly the existing remains. These were laid bare in 1S48 
and 1671. The Basilica is composed of a nave surrounded by a double 
portico of square pillars, which show the brick work of I>ioclctian. 
Itemains of au early Church of S. Mama tie Fon) can still be seen on 
the aide facing the Vietig Iiigarius. 

The cloaca maxima nins under the edifice, and can be aeeii through 
a modern opening. 



Near the junction of the Sacra Via witi) the Viau lugariat, aA the foot 
of the Clivna CapiloUnui, atood the 

friBapkiii Arck •fTiberiBB, erected A.D, 17, to commemorate the 
recovery by Germanicus, under the auspices of Tiberius, of the flags 
lost by Varna. No trace is left of Ibis arch.> 

TrtHBiphBi Arch ar ScviiMiaa sevcraa, at the north-west comer of 
the Forum, between the Soslra and the Comitiam. It was raised 
A.D. 211 on a platform, once called the GfaKoilasin,'' to commcmoratfl 
the conquests of Severus and his sons in the east. The arch is remark- 
able for its preservation and for the erasure of the name of Geta from 
its inscriptions.' Between this arch and that of Tiberius there are 
remains of two round pedestals. The one on the right is identified 
by some antiquaries with the Umbilkiiii Romit, the one on Uie left with 
the M'lltiariuia Anrttan. While the first is doubtful, that conceroiog 
the (iotden Alilestone seems certain. It was raised by Augustus in 
B.C. MO alter the completion of the great survey and census of the 
Uoman world. 

Tliere were engraved on this brazen pillar the distancea from this 
centre of the commonwealth to its remote boundariea, along the main 
roads which radiated from Rome.* 

■T»clt Ann.n.41. 

> £am jn&ilrKInL Ormenlaili apjxHiUiit. Vuto. 1L t. Si. 



. ,i,z<,i:,., Google 



TOPOGRAPHY OF ROUE. 2» 

CUvaa C Bp ii »li»n»i — A steep mdient, accetiible to carriagea, con- 
nectiDg the end of the Sacra Vh with the dcpretaion between the arx 
and the CapiloUnm. It wa« the only approach to the Capitol during the 
kiiigtj and the republican perioi^: another, called "The Hundred 
Steps," was added in imperial tioiee. 

TciHVl* af CaBcsrd — At the foot of the ascent, founded by M. Farias 
CamilluB about B.C. S66.> rebuilt by L. Opimiua B.C. 121, and acaia by 
Hberius A.U. 12.< Here, both during the republic and under the 
empire, the Senate occaaionallv lield their meetings, and here the 
memorable debate took place during Catiline's conspiracy, while the 
Climj Capitolinna was tJironged with the noblest of Rome.' Flinjr 

Gres a catalogue of the woDderful works of art collected in the temple. 
was destroyed towards 145(J for the sake of burning its marblce into 
lime.* The open space in front of it, corresponding to the Valcanal of 
older times, is called aometiinee area Concordtae. 

T«a*ple »r Te>|ta*laii — The three Corinthian columns near the Temple 
of Concord mark the site of Uie one dedicated to Veapasian hy his sons. 
It is mentioned by Stat. Silv. I. 1, 31, by the Notilia and the Curiantm. 
The inscription on it was copied in the eighth century in the Einsiedela 
USS., but only the eight last letteni, (r) I':ST1TVEK, are teen now near 
tbe corner of the entablature.' 

Taatpie sf S>tBni.on the opposite side of the Clivus, a relic of a very 
early worship. The temple was dedicated U.C. 408 or 197, bat the 
building ia said to have oeen commenced by the Second Torquin, or 
even by Tullns Hostilina. Munatius Flancua rebuilt it about B.C. 42., 
The existing ruins, however, date from the fourth ci-ntury after Christ : 
they comprise a lofty platform, crowned by a portico of eight columns 
of the Ionic order^ made up of pieces of various shapes and colours. 
Daring the repubbc it was employed as the State treasury Uurarium), 
and here not only the public money but the military atandoroa also, the 
decrees of tbe ^nate, and all public documents were deposited, until 
the erection of tiie TabuUmiaa or record-office, which was built aoon 
after the burning of the capitol, in B.C. 83, and dedicated by Q. Lutatios 
Catulns, aa proved by the inscription now, or lately, legible on the 
rabstructions — Q. LuTATius Q. F. Q. N. Catllus Cos. Slbstblctionkm 
ET Tabulahium Ex S.C. Faciundum Coeiiavit." 

Continaing our ascent, we see on tbe right of the Clivus tbe graceful 
colonnade, iMgely restored by Caniua, dedicated to the XII Dii ContenUf 
by Vettius Agorins, Prefect of the city, A.D. 3G7J In front of it 
opens an irregular termce paved with marble, which forms tbe roof to a. 
row of cells or chambers facing the temple of Vespasian. The name of 
Sdiola Xatttka attributed to them is a cinquecento invention, made up 
from an inscription discovered at a certain distance from tiiis spot, 

< PtaBKA, Camai. *t 

*OM.rmsti.nt. 

•CkLFhaiL- 

4Fln.H.H.l , 

• BHNlBbari A^nH, p. »-n. 

*S« Dhmn. L U. lIunlL St.*. t. & SiMloii. CUod. M &Bd An(. n. Tin. 
n.n, IiTrilLS»,IV. », VU. t).ZZVIL tft CMdoa, An Rhmim, & MT. 
>VuniR.B.LMsiidL«L.VtILt«. Orrn Iiutr. L»l.,nL\Ln.i<S. 



CkL Fha IL l.f, S«i II 

~ XXXV. M, te, XXXVI. «7. Urlislii. OmL Itptgr. UrbU Ramm, p. n. 



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TOPOOBAPHr OF ROME. 



RaferoDM.— HihIhd, JI tlla dtBa ScMa Xiaima Id Vflf A^lw■7a^ 189^ p. 108. 

Before leaving tbis side of the forum, we may mentioD one of the few 
existing rare monamenia couuected with the earliest agea of the ei^, 
and kDowD hj tbe name of 

ThIIIbbdw, originally a. public fonntain with a powerful jet of water 
(tJiUni) issuing from the rock, afterwards turned into a prison by Anciu 
Martius. His succeHBor added an uoderground dungeon, especially 
designated as TuUianum which was need as a place of execution lor state 
prisoners, as described by Sallust The upper and lower cells are 
etjll botb entire, and have been eouverted into chapels. OrigiQaUy the 
ooly acceas to the under prison was bf a hole in the vaiUted roof, 
through which criminals were let down ; the steps by which we now 
descend are modem. Here perished Jugurtha — here Lentnlas, and 
others connected with the conspiracy of Catiline; and here, accord- 
ing to the traditions of tbe Roman Catholic church, St. Peter was 
confined. The term Maraertiue Prison (Carrfr ifamerlirau), ty 
which it is now generally distinguished, is to be found in no clasaio 
author. lo front of the Rate of the prison were the Scatae Gemoniae, 
on which the bodies of criminals who had been put to deatii were 
exposed. » 



MOKl'MENTS IN THE ABEA OF THE FOBL'U. 

CsiBiMN ar Phscaa, dedicated A.l). G08 by Smaragdas, exarch of 
Ravenna, in honour of the infamous monarcb of that name. It 
had been raised most likely in honour of one of the Cffisars of 
Diocletian's time, like the others described below. It consists of a 
fluted column of the Corinthian order, stolen from some ruined temple, 
and mounted upon a square brick pedestal with a flight of steps on 
every side.' 

H*H*rai7 CalHMBK, — On tbe border of the Sacra Via there is a row 
of eight square brick pedestals, which once sapported marble columns 
{sometimes encased io bronze) like the one to Fbocas. They are 
represented in one of the well-known bas-reliefs of the arch of 
Constantine. 
* CBballai t;«««u»iiliil.— A pedestal of an equestrian statue bnilt with 
spoils of other moaumenta was discovered near the middle of Uie 
Fomm in lf>72. It very likely belongs to the Caballia Cotutantini, 
mentioned in the Itinerarinm Einsiedlense, the inscription of which is 
given in Corpia laser. Lot., vol. VI. n. 1,127. 

scalptared plBiei, discovered September, 1872, near the east comer 
of the base of the column of Phocai. They can be described aa two 



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bv Google 



by Google 



TOPOGRAFHT OF ROVE. 29 

pitnll«l m&rble walU resting on n, stone ba«c, each 17 feet in length and 
6^ in hdgbt, learing between them a passt^ about 9 feet wide. The 
baa-relief' on the inner faces represent the Sanvelaiiriiia, or gacriSoe of * 
sow, a ram, and a boll. On the outaide face of the north wall the 
scene is allasiTe to the Institntion of the Fueri el Paella AUinentarii, 
made b; Trajan in fovonr of the children of poor or deceased cidzena, 
whom he allowed to be supported and edncated at the expense of the 
State. The baa-relief on the outer side of the south screen I'epresenia 
tiie burning, in the Forum, of the rasters of taxes which had not 
been paid to the first Imperial Treasury ; in other words, the remjsaioii 
of the arrean of debts or dues conceded bj that benevolent Emperor. 



CloaeljcoDDeoted with the fonim, and auociated in the Roman mind 
with the oldest recollections, was the Saci'a Via, so called, it would 
aeem, because it was the route followed by triumphal processions and 
religiooB pageants, as the; defiled through the forum before aacendiog^ 
the Capitoline. although the antiquarians of the Angustan age believed 
that it received its name from the meetiug of Komulua and Tatius when 
thej solemnly pledged their faitii to each other.' The course of the 
Sacred Way has given rise to at least as much controversy as aixj 
portion of Komaa topography; but although all the questions con- 
nected with the subject cannot be aOHwered in a satisfactory manner, 
Uie recent investigations concerning the forum have cleared away maaj 
difficulties. Varro ' states expressly that the commencement of the 
Sacred Way (caput Sacrae Viae) was at the chapel of the goddess 
Slrenia, and that it extended to the Arz. Wc, inoreovcr, infer from 



his words that the said chapel was in or near the Ceroliensis, which is 
generally believed to be the hollow between the Coelian and the 
Esquiline, in which the Coliseum stands. He adds that although this 
was the real extent of the Sacred Way, the term, in its ordinary accep- 
tation, was limited to that portion which terminated at the first ascent 
on leaving the forum. The ascent here indicated must bo what Horace 
calls the Vliviu Sacer,' the slope, namely, of the Velia, on the top of 
which the arch of Htus was built, and this was the highest i>oint 
(tunana tacra via). Feetus* confirms this account, and fixes two other 
points, the Regia, which agrees with Horace* {t-tnlutn erat ad Venlae), 
and the Dmnut RtgU fktcriJScvli ; but the position of the latter is, unfor- 
tunately, unknown. Wti are hence induced to lay down Uie coarse of 
the Sacred Way as follows : — Beginning where the arch of Oonstantine 
now stands, ascended the ridge of the Velia, passed under the arch of 

I Dionn. IL *S. Apnf«o. fn«iiL L «. TmI. ».». aacrai* tiam, p. W). fterr. ul Vlff. 
Sn. VIIL til. eomp. Plot. ILom. Is. 

»V»miLL. V. H7. 



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80 TOPOGBAFHT Of UOltK, 

Titna (tnmma tacra ria), (le«cended to tlie arch of Fabins, and, after 
pauiDg in front of Faustina's temple, turned twice at right angles, 
Bkirting the soutbern and wi;stern sides of the Forum. Ita janctiaa 
with the Clictii Capiiolinuji was marked by the arch of Tiberius 

This is the course of the Sacra Via in iiiiperiii] times. In the Einglj 
and in early Bepublican limes it did not turn nt right angles, but taok 
a winding or diagooal course, passing between the temple of VeatA and 
the Regis. 

We attall briefly describe the monuments which line the Sscn Via in 
the space between the Forum and the Coliseum. 

Farnix FakiHiiias. — A triumphal arch of the greatest Bimplicity, erected 
by Q. Fabius Allobrogicus, conaul. B.C. 121, in memory of his conquests 
in Savoy and in the lands of llie Arubini. It was discovered and 
destroyed in 1540. A few blocks cut in travertine Btitl mark its site a. 
little beyond the temple of Fauatinit. 

u In Add. Init. IBM, p. M7. Clcn. d« out U. 

nersaa B«aai> — A small rotunda erected by Maxentius as a 
memorial to his son Homutus. After the defeat of that tyrsnt tba 
Senate inscribed on the rotunda the name of Constautiue, Felix IV. 
(A.i). 526-530) made it into a vestibule for bis church of ss. Coamas and 

AeJ«i sacrae Crkl* A mnssivo square structure also dedicated by 

Felix IV. to SB. Coamas and DamianuB. The aouth wall built of blocks 
of tufa mid peperiLo, with a doorway of travertiue, belongs to the time 
of Vespasian : tlic back wall is faced with bricks of the time of Severus 
and Caracalln. In it there were kept all the documcuts connected witli 
public and private property, maps, and surveys, &c. The plan of Rome 
engraved on the marble lacing of the back wall, was discovered in 
fragmentB. in the time of i'ius IV. (A.D. l&Gl) by Giovanni Doaio dti 
San Geminiano. 
KefWancBl.— Da ROBli BiaUIL Criil.,'M»7,p.tt. lordu: Farnm TrMi, p. 1. 

BbiIIIu Nsva, erected by Maxentius, and named after ConstantinCj 
the most conspicuous ruin oti Ihe Sacra Via. The ceiliug of the nave 
rested on eight marble columns of the Corinthian order, the last of 
which yiais removed to the I'inzza di s. Maria Maggiore in 1613 by 
Pope Paul V. The entrance from the Sacra Via was ornamented with 
four large columns of red porphyry, pieces of which remain in sitn.> 



a.~Nlbtj: ilfl ri:mplodtllaeaniMlaBai(l.diaiiHlaitlliio,Bomt,lU». 
AcdM R««» H Tofrl.. built by Hadrian, A.D. 121-134, on the 
site of the vestibule of the Golden lloiuo of Nero. To make room for 
the new structure, the bronze colossus of the auD, 120 feet high, which 
stood in the middle of the alrium, was removed nearer to the Coliseam 
and placed on a pedestAl still exiating. 

■ Anr. VlcL Cui. to. UoUUa Bag. IV. BMkBT; Bani.e. I. 378vMt. 



• OOgll 



TOPOQEAPHT OF HOME. 



ARCH OF TITUS 



BASILICA MOVA 




META SUDANS 



S2 TOPOGRAPHT OF BOKE. 

The double temple contained two celU &Dd two tipaes, placed back 
to back, with decastjie porticoea facing the Talley of the Forum, and 
that of the Amphitheatre. The whole was auROUDded by a coloDnaOe 
«DclosiDg a square temce. Moseatius restored it after the fire of 




TOrOQBAPHY OF BOUG. 83 

Garinna. Pope Houorius I. (625-050) cAused its final collapw hj 
deprivinf^ it of tho roof of gilded bronze tilea, which were removed to 
the basilica of St. Peter.' 

TrjBMpiiBi Arch cr Tlui, in the Siimma Sacra Via, rtiiscd by tiie 
S.P.Q.K. iu memory of the conqueBt of Jerusalem. The relief, in 
wbicb the aeTen -branched candlestick is represented, caased the arch 
to be named arctis vplum luctrnarwa in the middle ages. 

On the Summa Sacra Via was a fruit market called Forum Ctipedinis, 
there also waa the Sactllam Ll^n^m, otlierwise called o&da ileum Pena- 
tium, and an equestrian statue of ChxUa. 

MciH soaaBa. — A. fountatu in the shape of a goal of the circus, built 
by Domitian. It ia often represented on medals referring to the gamea 
of the Aniphitheatrc. 

tassiog now to the rrcht aide of tlie Sacra Via, we have to notice 
three famous baildings, the temple of Vesta, tho house of tha Vestals, 
and the Regia. 

TcBftB 'f Veals. — Urigioally a round hut with thatched roof, built 
on the Ewamp7 borders of the Velabrum, for the safe keeping of the 
public fire. Later on it nas transformed into a rouud temple with a 
domed roof, the form being connected with tbe attributes of a Goddess 
MBociated not only with Fire but with the Earth. 

The original structure, attributed to Xuma, must have perished in 
the Gaulish fire. In 241 B.C. the temple was a^in burnt, on M-liich 
occBBion L. Metelhis, pont. max., saved the Palladium at t^e expense of 
his own eyesight.' It underwent the same fate in the fire of Xero and 
in that of CoramoduB,' and was restored respectively by Vespasian, and 
by Julia Domna, the Empreea of Severus. The temple was closed to 
public worahip in A.D. a94,' and must have been left undisturbed, 
considering tlie remarkable alate of preservation in which it was found 
U the time of its rc-diacovery. There are accounts of two successful 
excavations made in 1497 and in 1.^49. Tlic platform of the temple and 
ila surroundinga were permanently laid bare In I87S. Soma of its 
architectural decorations came to light in 1877. 

AirlHH Vcunp, the residence of the six Vestal Virgins, to whom was 
entrusted the core of the public fire, an4 the safe keeping of the relics, 
on tlie preservation of which the safety of the Boiuan Commonwealth 
was supposed to depend. 

ReftPOnco.— Cincellitri; Lt hIU am /aiaH di Bomaamica. Roma: Sslvlonl, 1811 

As shown by the annexed plan the House of the Vestals forms an 
oblong square, bounded bj atreets on ever; side, by the JVuiyi Via on 
the south, by the Viciis Veetae on the west, by the Sacra Via on tho north, 
and by a narrow laue of unknown name on the east. The leading 
characteristics of the place are a large courtyard, surrounded by a 
i_..L,. .^__!_ a "jQf(j(o — j[jg prototype of Christian cloisters — and in the 
1 there are traces of an octagonal shrine, or private 
, iSpin. Uaifr. 19. D[oD CaH. LX1X. 4. Aor. Vld. Caa. 10. A mm Uucell. XVL 10. 



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iich I 



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TOFOaDAFHT OF ROUE. 35 

cbapel, tlie I^iaa Vatae of Festus (p. 250, Miil).), nhero the Polladinm 
vas kept. At the south end of the quadrangle there is a coble ball, 
corresponding to the TahUaum of s, Roman house, with three smaller 
reception rooms on each side. The private apartments of the six 
YeaCals and of their attendants are located in the first floor. In a room 
on the south side of the cloister the mill can be seen which was used by 
the Veatfils in grinding the meal required for the preparation of Che 
mola talta. The Atrium Vestae has been excavated many times with 
good reanlta. Twelve pedeataU of statues were found in 1497, with 
iuscriptionB io praise of the Veataks maximae, two more in 1519, columns 
and marbles nnder Alexander YU. In 1883 the whole building was 
cleared oat. Sixteen pedestals with inscriptions, many statues, busts, 
and other objects of interest were discovered, mostly in the peristyle. 



irou i€r ytUalaui 



traditional palace of Kuma, and the residence of the 
Pontjfex Mazimns. It stood between the House of the Vestals and the 
Sacn Via (of imperial times). On its marble walls the fasti consulaits 
tt triumphaifs were engraved. Un the history and architecture of this 
famous building consult the following 



Id; TaiSteta, lit JIHum Talat, dad 1*1 faiti capllolint, ArehMoiogLl. TOl L. (ies;>. 

The regions of the Sacra Via (IV.) and of the Forum (VIII,) were 
sepaiatea from the region of the Palatine (X.) by the 

NflTB Via. — A street frequently mentioned in the classics as skirting 
tlie Dortbera slope of the h\\\ iu a line parallel with the Sacra Via. It left 
the Vicus Tubcus between the Temple of Castor and the Augiuteum, and 
ran in a straight line to the top of the Velia, passing between the house 
of the Vestals and Calignla's palace. The windows of the house of 
Tarquinius Priacus, which stood beside the temple of Jupiter Stator, 
looked out upon the highest part of the Nova Via (gUTttma Nova Via), 
and near the point where it reached the low level of the Forum (I'n/fma 
Nova Via), an altar was erected to Aiia Loeutiut (or Aiia Loqvenii), the 
god wboee mysterious voice gave warning of the approach of the Uauls.' 
The street was excavated from end to end in 1884 An ancient restora- 
tion of the ara of Aios Locutius was discovered about 18^0 at the 
ikorth-west comer of the Palatine, where it is still to be seen. 



FORA OF THE EHFIRB. 

The Foia of the empire were as much superior in magnificence to the 
Fomm Romanum as they were inferior in historical interest and 
association. Indeed, the allusions to them in classical writers are, 
comparatively speaking, so scanty and unimportant thaC we might 

■Ut. I. u. 11. >1. SoHd. 1. 1 94. Olid! Fut VI. SU. Plut Cud. M d* fort B<im. ^ 3as 
Ctrpui Jwter. Lai., vol I., p. 3B9. 



^oiizodbyGoogle 



36 topoqrafht of roue. 

Almost be content to pan them over, and leave their eitea and tiie 
amngemeiit of tbeir conatitueot parts to local topographers and 
architectural antiquarianB, who have hera found ample room for specu- 
lation and dispute. Their position in relation to each other, and to the 
Forum Romanum, has been minutel]' examined and described in the 
works of Bunsen and Canins, whose views on this subject approach, in 
all probability, as nearly to the truth as the present slate of our 
knowledge will permiL Nor can we hope speedily to obtain much new 
infonnation ; for little can be effected by means of excavation, in 
consequence of the mass of modern edifices by which the ground is, in 
a great measure, eovcred. 

These fora were four in number; and it most be remarked that they 
were devoted entirely to legal, literary, and religious purposes, neither 
political nor mercantile business, in the strict sense of the word, being 
transacted within their precincts. 

1. Pam idUhbi. — Commenced by Julius Ceesar before the outbreak 
of the civil war, and dedicated B.C. 46, after his quadruple triumph, 
but not completely finiebed until after his death, lu size it was some- 
what smaller than the Furum RoBianvm, which was therefore styled tlie 
foiiitii Slagiium, but the ground alone, which formed the ares, cost one 
bnndred nillions of sesterces. Its chief ornament was a temple of 
Venus Geiietrix, tbe great mother of the Julian lino, which Ciesar vowed 
before the battle of Pharsalia. Here the ^uate occasionally asseui bled.' 

The temple was destroyed at the time of i'alladio (about 15GD). wlio 
giveB an illustrated description of it in the Ardiilcllura IV. c. 81 (ed. 
Venot, 157U). Ketuains ol tbe shops which lined the west side of the 
forum can still be seen in the courtyard of a house Via del Uhettarello, 
n. 16. 
ReftrencB.-Oorl: /li.irtiM J^oiMi-diio, to., Boms, 1888, w(ib plm. 

2. FaTHBi Angnainm. — Auf{ustus, ID the war agai&st Brutua and 
Cassius, vowed a temple to Mars U/turt and in consequence of the rapid 
increase of the population and of legal business, was induced to connect 
a forum with it, which he opened to the public even before the dedica- 
tion of tbe temple, which took place in B.C. 2. The space required was 
obtained entirely by the purchase of private property, and was therefore 
smaller than the prince desired, since he felt uawillicg to eject citizens 
from their dwellings without their free consent. Considerable remains 
of the forum and of the temple still exist in the district called det 
Pautani. They consist of a lofty enclosure wall, and of portion of the 
temple of Mors Ultor, which has eome down to us from the golden ago 
of Homan art without restoration. About one-fifth of the area of tlio 
forum, paved with slabs of portasanta, pavonametto, and other costly 
marbles, was excavated under the direction of the writer in 1889, when 
some of Ilie Etogia clarinnim djiciim, composed by Augustus himself, 
were found inscribed on the pedestals of their statues. 

Besides this set of statues the Forum contained porticoes of Numidian 
marble, triumphal arches, meeting rooms, bronze quadrigae, statues of 
precious metals, &e. 

■ Snaton. CiBH SB. Plln. H.N. XXXV. II. XSXVI. li. T4ciL Ann. XVL tJ. Appiim 
B.U, IL 101. Dion Cua. XLIIL 31 Honntn, AaeynuL VlUuc.ULS, Flutucli Cua. (W. 



".OOglf 



TOPOGRAPHT OF ROUE. S7 

This temple of Mara Ultor inuet be distinguished from tbe snmll 
ehrine on tne CHpitoline erected by AagHStm to the god under the 
same title. Of this we shall speak ia the proper place.' 

When Orid refers to Iri/t fora,* he includes tbe Forum Romaauiii, 
the Forum luHum, aod the Forum Aagiislam. 



3. VeruM Trn»>lr«rlBai, ■. FrrrlHBi. ■. P>IIb4Ibm, k Nunrmr.-. 
Vespasian having erected a magnificent teniple of peace behind the 
Aeilti San-ae Urbix (now bb, Cosmafl and Damianua), his son Doraitian 
detennincd to remove the private buildings from tite space between 
this temple and the two laat named fora, and to convert the lower 
section of tlie Via Argilelana into a mngaificent avenae 76 feet wide, 
ornamented with porticoes on either side. He did not, however, live 
to irituess the completion of this scheme, which was carried out by 
Nerva. The forum tlius formed was called Forum Ntrrae, from the 
emperor by whom it was dedicated — Transilnrium or Pervivm, in conso- 
quence of its being tmversed by an important thoroughfare — Palli'liiini, 
from a temple of Minerva, which, together with the temple of lanus 
Gemiiius (see p. 20), formed its chief ornament' 

The temple of Minerva whs destroyed by Pope Paul V. in 160(i, and 
its marbles made use of for the decoration of the Fontana Paolina on 
the Janiculum. The high altar in S. Peter's is made of a stapendona 
block of Parian marble from the architrive of the temple. The only 
portion of the Forum Transitoriura now visible consista of two Corinthian 
columns with a highly decorated attic, belonging to the southern portico. 
They are called Le Coloauacce, and stand at the crossing of tbe Via Delia 
Croce Bianca and the Via Alessandriua. The Forum, like that of 
Augustus, contained a gallery of statues of deifieil Kmperors. 

4. Fsnan Tmlaiil — The forum of Trajan, built according to the 
plan of ApoUodorus of Damascus, must be regnrded, whether we con- 
sider the extent of the area which it embraced, the gigantic operations 
periormed in cutting away the Quirinal to extend this area, or tho 
uumber and the magnificouce of the strnctures comprehended withio its 
limits, as the moat vast and most splendid nrork of the imperial times. 

It consisted of six parts — 

1. Tho Foniin proper, divided into the Alrinm Fon'and the Area Fori. 
In tbe centre of the former whs an equestrian statue of Trajan. 

% IlmtiUca Ulpia, cnlled by Lampridius Batitica Tmiani. 

3. Cvlumua Traiana. This celebrated column is still entire. The shaft 
is covered with a series of most interesting has reliefs, commemorating 
the achievements of tliu Emperor, whose remains were interred at its 
baiie. It stood in the centre of a small square, surrounded by porticoes. 
Its beight (100 feet from tbe base to capitol, 133 feet from the level of . 

I awt. OcMt. ». ». H. VcUHna IL 39. 100. UutUI. VII. tl. Uunb. S. ILt. Dloo 
an LIV. 8: LVL n. LXVlll. 10. 

iRiprld. AUi. Sat. 9S. Anr. TleL 
Oui.>.'- " ""-- "-'•"— ---■-" — ■•■ • 



TOFOaHAPBT OF ROHE. 



by Google 



TOPOORAPHT OF BOItt. £$ 

the paTemcDt to ttie head of the statue) indicated the heigbt of the 
ridge onl away to malce room for the foram. 

4. mUotheca U^ia. 

fi. Tfmpbim Divi Traiani, dedicated by Hadrtu, 

6. Arcia Triumphant. 

Vury coDBiderable remsins of this gorgeous undertaking can atill be 
traced, and will be fonnd fully described in all the more important 
works on modem Home.' In the cote on the preceding page will be 
Been the column with the remains of the portico as it exists in the 
present day — the Basilica Ulpia, the Trinmpbal Areh, and two tenmlee, 
or two different views of t£e same temple, all as represented on uu^ 
brass coins of Trajsn. The fortim was flanked by two liemicyclei, 
built for the purpose of concealing and supporting tiie deep cutting of 
the Capitoline on one side, of the Qiiirinal on the other. The fint 
hemicycle is concealed by the honses of the Via dtUe Chiavi tPoro, the 
other is intact, and forms one of the most noteworthy remains of 
Trajan's work. Early topographers gave to it the wrong name of 
Bagni di Paolo Emiio, 

Having given an account of the main centres of interest for the 
atndent of Roman topography, as constituted by the great Fora of th« 
Republic and of the Empire, and by the Sacra Via, we shall now take 
a surrey of the rest of ^e city, beginning with the seven hills on the 
left bank of the river. The plnin which stretchee from the foot of 
these hills to the river, and the section of the city on the opposite 
bank (TramOSterim, lanicalas Mom, VaUcama Mom) will be afterwards 
described. 

MOHS CAPITOLINUS. 

The Capitoline bill, the smallest of the seven, is about thtee quarters 
of a mile in circumference at its base, running from north-east to sonth' 
west, and approaching, at its southern eitremitv, within '2bO yards of 
the river. It has two tops, separated by a hollow, which was called 
/lifer dtioi lucos. now the Fiazia del Campidoglio, and this hollow 
tradition declared to be despot where Romulus formed bis Agghtm.* 
The northern summit is the more lofty, rising to the height of about 151 
feet above the sea, or 118 above the ordinary level of the Tiber; while 
the southern summit is about 10 feet lower. On one of the two summits 
Stood the Arx or citadel, on the other the great national temple, th« 
CapitoltHm dedicated to Jupiter Uptimus ftlnsimus conjointly with 
Juno and Minerva.' That one of these summits was the Arx and the 
other the site of the Capitolium is admitted by nearly all topographers ; 
but whether the An stood on the northern and the Capitolium on the 
sonthem summit, or rict vert&, is a question which has given rise to 
fierce and prolonged controversies. The discussion has, moreover, been 

> DJon CuL LXV11L IB. n. LS.IZ. 1. 4. SpvUim. Bidr. T, CsplioUo. Anlanla. II. t3. 
lAinprld. Alex. Hmj. ». Commod. I. VoplK. Prab. % AorcllMl. 1, TmIL S. AnnL VfoL 
%lt. 19. AmmUn. MiroUL XVL 10. k^iOtW XL 17. XIU. M. 

*LiT. Li DtrJnTl.lllfl, OvW. Iful. III. 4M. 

'.^rx ud CapUoitim >ra frtqaenilv oppotad to eub oUiw, *,a. Ut. VL 10. [Moan 
U.U. ABLQ<in.T.U. 



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40 tOPIMBAPHr OF ROME, 

rendered more intricate bj the loose nuiDiier in which the terms Arz 
and Capitotium bis BOmetimes employed b; aocient writera. Tbtu, BiDoe 
the whole bill was strongly fortified and reftarded as the citadel of 
Home, Arx ia used as synonyinouB with Moiia Capilalinva; wbile, ia tike 
manner, VapitoUiim has an equal latitude of aignilication. However, the 
common rule was to diBtinguiab one from another, aa «hown by the 
phraae inler arvem el Copitotiuiii conalaatly applied to the hollow corre- 
sponding with the modern piazza, tichoiara who have studied the 
subject most deeply, and are heat able to form a eouod opinion, agree 
that the Are or citadel proper must have stood upon the northern uid 
e lofty of the two sunimitB, now occupied by the church of Santa 



presented, in ancient times, a rocky face towards the river, the precipice 
falling nbruptly not less than 80 feet ; but it ia now considerably less, 
having, in tlie course of ages, been cut down and eloped away — this 
was the foztim Tarpeiiiia or Rapei Tarpcia, the wbolu of tlie lower 
BQmmit being the Mans Torpeius, although the latter term, and also 
Arx Tarptia, is employed, although rarely, to designate the whole hilL* 
Recent discoveries have confirmed tlie correctnisa of the above etate- 
menta, since considerable remains of the Capilolium have come to light 
on the lower or western summit. 

The Capilolium was vowed by TarquiciuB I'riacus, in the Sabine war,* 
bnt he lived to la; the foundation only ; the work was prosecuted with 
great vigour by T. Superbiia, who called in the aid of Etruscan workmen, 
and was nearly finished at the time of the revolution ; for we find that 
it was dedicated in tlie year of t!ie first consulate.' The legends con- 
nected with the founding of the temple — the refusal of Tenninua and 
Juventasto remove from the spot. — the finding of a human head, from 
which tlie name Capilolitim whs aaid to have been derived, are all 
recorded by the native and foreign historians of Roman affairH.' The 
edifice contained three ciVae or ahrinea — in the central compartment 
was the terracotta statue of Jupiter seated, arrayed in costly robes, with 
hia face painted scarlet ; on his right hand was the statue of Minerva, 
on hia left the statue of Juuo, both standing. The original atructure 
remained unharmed until B.C. 83, when it was consumed by fire. This 
misfortune happened during the civil wars of Marius and Sulla; but 
does not appear to have been connected with any struggle or tumult* 
It was restored with great magnificence by Sulla,' who did not live 
to dedicate the new edifice ; but this ceremony was performed by 
Q. Lutatiua Catulue (consul B.C. 78}, and hence the building is Ciilled 
by Cicero, Moiiumeulum CataliJ Thia second temple was destroyed in 
A.D. 69, by the partizans of Vitellius — restored by Vespasian*— cou- 



Tioll. HIB. 111. 11. 

Clcd<It.II.3a_. DIodtlLII. m. IV. M. TkIL BIiL lll. 7: 

Pioojl. IV. U. ewM- 



Poljb. IILW, Ut. IIS PlutPopi 



'Applm. B.C. t 63. T«i!it.Hi 

•TultLo. PlDt Popl. IS. 

'Pint. I.e. Cits. In Ven. IV. 31. 38. LIt. EML XCVIIL SdbL Cul Dloa C 
XXXVIL **. XlAll 11 
• I'm!!. HUL IV. ^ tJMLVeap. & Dloa Cul LXVI. UL 



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TOPOQRAPHT OF DOUE. jl 

■ained by fire almost immediatelj after bia death, and rebuilt witb great 
splendour bj Domitiau.' Of tlie dealniction ol' this fourth edifice wa 
have DO diatioct record, except that it naa Btill in good pregeiration in 
the year 465 nhen GeoHeric carried off the tiles of gilt bronze which 
covered its roof. 

The cut« below represeot the temple at three of these epochs ; th<i 
first is from a deuanus of the O^ns 
PrtilUa, wbicb bore the cognomen of 
CapitoliDUB, aed must be iotended to 
depict the capitol as restored by Sulla, 
the second is from a, large brass of 
Vespasian, the third from a Greek 
silver medallion of Domitian; in f 
two latter the sitting figure of Jupi 
between the standing nguree of Ju 
and Minerva is distinctly visible. 




Tliere are many other ancient representations of this famous Banc tnnry 
from which we can gather Eomo particulars of its architecture. See one 
of the panels from the triumphal nrch of M. Aurelius, now in thu 
Conservator! Palace, engraved in Widdleton's licmai'is of A. R., vol. I., 
p. S63. 

In front of the temple was an open apace, the Area Cajiihlmtt, in 
which public meetings of different kinds were occasionally lield,' and 
in the immediate vicinity was the C'KnVi Kniabra, where, in ancient 
times, the priests made proclamation, on the kalends of each mouth, 
of the period when the Nones and Idea would fall, and of other matters 
connected nith the Kalendar.' The Other buildings of note on the 
lower summit were the temples — of Jiiiiiler FerelriiiK, founded by 
Romulus, in which the Spolia Opima were deposited' — otFiJts, oripnally 
built by Is'uma, renewed, B.C. 25!). by M. Atilius Calatinus, and after- 
wards by il. Aemilius Scnurus' — of ifent, ^nd of l-Vnu.i Ei-yeina, both 
dedicated daring the second Punic war" — of Uuiiai et Virtiit, dedicated 






, Bna^Dom-S. DionCua. LZVI.l' 



L V. j U. VL I 
IV. if. Dioaj: 



. Fhit. Nnm. IS. 



•Ut. XX1L10.UEIII. !L Clc.dsN.lX 1.0. PlDt de Tort Bom. 10. 



. ,i,z<,i:,., Google 



42 

by C. Mariiis, and hence stjied MonuTnentum Marii ' — of JiipiUr Tonant, 
and of Man Ullor, built by Augustus,' and of Jupiter Cuilos, built by 
Domitian.' 

On the Arx were — the Aai}uraeiilum, a sacred atoue od which the 
AngUT sat with veiled bead Inokiiig towards the south when taking 
auapices on behalf of the atate — a temple of luao Montta, with the 
o^'ciiia or tuint attached, built on the epot where the maniion of king 
TatiuB, and afterwards the house of M. Manlius had stood* — and a 
temple of Concuritui, built during the aecond i'uoio war.' 

Ju the hollow between the two eummits was a temple of Vfiocia; but 
this doea not appear to hare been Hie ahrine which in earlier timea 
conferred on the spot the character of a ganctmiry.* 

Refarencefl lo tba CmpEtolliw ULII.— Bycantm: de Capitolia romano, LardHi, 1BS9. 
LiDdial; BmIIUI. ardi. Onn-anl.. 1S7S. p. \6i. ut. SVL-XV^IL iDrdlD: Ouiroalioai III 
((inpiodlMstECajiUpMiic. Borne, !J&MaDal,lS7«. Unmmian: An*. IjiU.,\aii, ^ 'M. 

Approachu <a the Cnpirai. — The ouly approach to the Capitol 
during die kingly and republican periods was by the already described 
Cii'rus CapiUiliTiiis, which led up from the Forum ; but iu tha imperial 
timea it was accesaiblo on the oppoBito or river side, by a hundred 
stepa.' It became acceasible from the northern side only in 1348, when 
^Maestro Lorenzo Andreozzi built the steps of the Aracoeli with marbles 
removed from the temple of the Sun on tlie Quirinal. The ascent from 
the Piazza dell' Aracoeli to the Piazza del Camp^doK'i') (the Con/onaia) 
was opened in 1536 — the carriage road {Salila lUik tre Pik) io 1G96. 

MONS PALATINUS. 

The Palatine, aa wa have already seen, was the aite of the oiiginal 
settlement of Alban shepherds under tlie guidance of Romulus. It is 
elevated 166 feet above the level of the sea, or 133 above the ordinary 
level of the Tiber : but it probably wan at one time considerably higher, 
its summit, as well as those of the other hills, having been cut down 
and levelled, in order to afford a greater exttnt of flat ground for 
building. 

The slope to the north-west, in the direction of the Capitol, bore the 
name of Gtrmahis or Ceriiitdni ; ' and in this locality were many objects 
connected with the earliest traditions. Here was the Lupercal. or cave 
of Faun Lnpercus, who was eventually identified with Arcadian Pan ;' 
here grew the Ficm Huminatis, beneath whose shade the twin brothers 
were Buckled by the wolf, and which waaafterwarda miraculously trans- 
planted to the Cotailium ,'>" here was the Caaa Stimuli, sometimes called 
' Oic pro Saat. G4. pro Fluo. Xi. ma achcL d« DiT. L S8. Vlmv. UI. 3. FeM, a v. 
I iilon Oua, IJV. 4. a 

'Plal-BoBi.M. SoHaLil. LIT. VI. !0. VII.18L 

' Ut. XSil. 33. 

• LIT. IL 1. DionyF, II 15. Plut Bom, ». 

ITll0il.HHtm.7I. 

•VuTaI.1. V. {M. Flui. Bom. 3. P»nl. Mm av. Ormaln p. ». av. agrtw mW i. 

■ Dionyt 1. W. T», 

" Dlonjri. L IS. Vnro L.L. V, i M. Pan). Dlae. (.t. JtnnfiiaKi p. ITL PInl. Bom. t, 
OTlil.FutU.4ia SltT. Id ^HiR. fa Till. M. 

DolizodbyGoOgle 



TOPOGKAFHT OF BOUE. 4S 

Tugurium Faiuiuli,^ t)ie humble dwelling of the first king ; here th« 
Bacred cornelian -cherry tree, which sprung from the shaft of a spear 
hurled by BomuloB from the Aveutine.' Higher ap the hill, on the 
same side, was the ahrine of the goddess VJiloria, which was said to 
have been io existence before the foundation of Home, and in which, on 
account of its peculiar sanctity, was deposited the effigy of the Magna 
Mater when transported from Pessinans to Borne, B.C. 205, untU a 
separate temple was erected to receive it, which also stood upon the 
Palatine, facing the east.* On the summit was the Curia SaUonm, 
where the Lituus of Romulus nnd the Ancilia were preserved.* 

Near the Porta Mugonia, overlooking the Nora Via and the foruro, 
was the temple oi lujaler Staler, vowed by Romahis in his great conflict 
with the Sahinee, and beside it stood the royal dwelling of Tarquinas 
Friscus and bis succeasora.' On the south-east extremity, above the 
spot where the Arch of ('ouatantine now stands, was the edifice called 
Curiae Velerex, where of old the thirty Curiae were wont to hold their 
relicioua asaeiubUea.' On the side facinc the Circus Maximus were the 
Scalae Cad, a steep descent towards tSe Ara Maxima of Hercules.' 
The Roma Quadrala, an altar of rough stones covering the Mundat 
(see p. 6), occupied the centre of the iiill. There were also sltara or 
sbrinea of the goddess of the Fever," of the goddess Viriphca, of 
Orbona,' and, at a later period, temples of Baccha,^" of lupiter Fictor," 
and of Ivpiler Propiignatnr." 

On the Pahitine, during the republic, many of the noblest and most 
distjugnished citizens had thetr dwellings. Here was the house of the 
traitor Vitruvius Yaccus. which, having been levelled to the ground 
(B.C. 311), the site remained without buildings, under the name of 
Vacci prala, — of M. Fulvius Flaccua, which was demolished during 
the troubles of the Gracehi, its place being occupied at a aubaequent 
period by a colonnade built by Q. Lutatiua Catufus (Porticw Catnli). 
and decorated with the spoils won by him iu the Cimbric war — of 
M. Livius Drusus, which afterwards belonged to one of the Crassi, 
then to Cicero, and, upon his banishment, was demolished by Clodiaa, 
who extended the Porticus Catuli, and dedicated the remainder of the 
Area to Liberia^, On the Palatine lived M. Scaums, so renowned for 
Lis sumptuous extrevngancc j M. Antonius. whose mniisian was made 
over to Agrippa and Alessala ; Catiline and Uortensius, wliose houses 
were subsequently occupied by Augustns.'^ With him a uew epoch 
'' e history of Ute bill ; the oame Palatium soon began 

ura. Dlonja. II. co Pint, Bom, 90. NullUs si Cuiiimm, Reg. i. 

lonyilW. Ll». X.,11, KXIX ItXSXVr. M. Dion Cmi. XLVL tl 

a. d* dlTliL I. II. DIUDTB. tngmL Vi,i. Urn. L ilU, U, 

iT. IllU. DLonjulLM. Ovid. TrUl IlL t. SL PlutatlS. Plln. H.K.XH1V.4. 

'•■™L.L.T.i]S*. Ortd. FHt Iir.lW. Mscrob. a I, II. 

— ".H. Flutfrcta. Somal, ia 8oUd, L UL BglUamaa In S^i: /nil, lUl.p. la 
,t. Deoi. III. n. ViL Uu. U. S. «. 
■■ ",«. PlliLfl.N. ILI. fc 



PUn. B.N, XXXVL 9. IHou Ott. LIIL tl 



.onit n. H. 
c dfl Mil. I 



DiailizodbvGoOgle 



44 TOrOOItAFBT OF ROVC 

to mean the impcrinl reeideDce, and, in proceis of time, was appropriated 
to denote the impcrinl residence not only in Rome, but in any part of 
the world. Augustne was born on the hill itself, in a lane called 
arf Capita BubiJa, near the Cvriae Veleret. After the battle of Actiura, 
he settled once more on the Palatine, in the old house of Hortensiue, 
one of the less conspicnous in this sristocriitic quarter. It was onlj 
after the conqaeat of Egypt that he provided himself with a residence 
worthy of the ruler of the Roman world. The location of the Diimta 
Aiipustoiia nppears in the annexed plan, to^rether with that of tlie other 
buildings by which it was surrounded. The best known is the temple 



of Apollo, built of Carrara marble, and dedicated in R.C. S8. It stood 
in the middle of a square called the Area ApoUinis. the sides of which 
were decorated with colonnades of Kumidian columns with capitals of 
gilt broDie. In the intercolumniations stood Statues of the fif^ 



TtVOOIUPBT OF ROXE. 45 

dangfaters of DAoaiu, while opposite to them, if we can trust the 
Scholiast ou Fcrsius, were ranged fifty equestrian statues of the sous of 
Egypt The Augustan group of buildingB incluiled alao a Greek and a 
Latin library, a triumphal gateway, and a shrine of Vesta. All these 
■tracturea have disappeared with the exception oF the Domia Angiittana, 
which is now in course of excavation. 

The work of Augustus was continued by his successor and kinsinaii 
Tiberias, who built a new wing (Dontiig Tiberiana), including in it his 
own ancestral house, which still exists in excellent condition. A public 
library was attached to it, Caligula filled with new structures the 
space between the Domia Tiheriana and the Nova Via. Here we see 
the remains of an undergrouod galletj (CnjptapoTlkiif) in which the 
inurder of the young Emperor took pUce on January 24, A.D. 41. 
His renowned hidge, connecting the I'alatiue with the Capitol, has 
never existed as a permanent structure. Wo are only told that on 
certain occasions he bridged over with liglit wooden scaffoldings the 
gaps between the roofs of the Augiiateum, of the Basilica lulia, and of 
the temple of Saturn, to reach the Capitol in safety, without having to 
pass through the crowds below. 

Nero appropriated the whole of the Palatine, of the Velia, of the 
valley of the Coliseum, and of the south-eastern portion of the 
Eiqniliue, including the gardens of Maecenas, and np to tlie Servian 
Agger, for his Domm Transitoria; but this having been destroyed in 
the great fire, was succeeded by the still more celebrated Doauia Aurea,i 
which was to have transcended in niagnificence every thing beforo 
imagined in imperial Kome. The projector, however, did not live to 
complete his plun, and the work, continued through the brief rei^ 
of Otho,< was stopped by Vespasian, who at once restricted the limits 
of the imperial residence to the Palatine itself, which frotu this time 
forward, was occupied almost excluBively by the buildings requisite for 
the court 

The wing of the palace built by Nero, and saved by Vespasian 
because it did not extend beyond the limits of the Palatine, is now the 
property of the Barberinis. Domitian rebuilt the Domm Augialana 
injured by fire, aiding to it a SiaUinm for gymnastic sports. The 
stadium is well preserved in spite of the plundering wbich it underwent 
in 1551 by the hands of the Ronconis. Domitian raised an altogether 
new palace in (he space between the house of Augustus on one side, and 
those of Tiberius and Caligula on the other. Jt included a throne 
room, a chwel, a court house, a magnificent bath room (destroyed in 
1721), a peristyle, a state banqueting hall, and other apartments allotted 
for court busineaa,' and for the use of the numerous omcera of state and 
their retainers. 

Septimius Severus and his son restored the whole group of imperial 
bnilcbDge, injured by the fire of Comuiodus, and covered wiui an 
enormous new pahtce the south comer of the liill, overlooking the Porta 
Capena and the Piicina I'ubiica, The facade of this palace was called 
th« Sepliionium. Its last remains were destroyed by Sixtus V. in 1586. 



iTuii.^*ii.xv. at 



,i,z<,i:,., Google 



4» TOPOGHAPHT OF ROlffi. 

The l&teat additionB, of no special importance, took place under Iali& 
Xammsea (diatlae mamnmanae) nad HelagabaluB (baths between Nero's 
wiDg and the Sacra Via, near the Mela HuilaKs). 

After tbe division of the empire the Palatine was inhabited occa- 
sionally by tbe western rulers, and kept in tolerable repair. In 410 it 
became the prey of the barbarians, who must have plundered it of all 
valuables which could be easily carried away. In June, 455, it suffered 
the same fate at the hands of the Vandals. King Theoderic, who visited 
Rome in 500, restored some parts of the imper^ residence. Hetaclius 
held tbe last state reception in the great hall in 6i!9. 



MOHS AVENTIKUS. 

The Aventine, which lises to 146 feet above the sea, or 117 feet above 
^e ordinary level of the Tiber, presents a more extended flat surface on 
iU summit than any of the other hills. Immediately to tbe south-east 
of the Aventine, and separated from it by a nairow volley, is a hill of 
considerable magnitade. and on this we now find tbe modern churches 



regarded as a part of the Aventine. It has been ingeniously con jectured 
that a difference of opinion upon this subject may have given rise to a 
variation in the MSS. of Dionjsius (III. 43), some of which give twelve 
stadia and otfaere eighteen stadia as the circumference of the Aventine^ 
Twelve will correspond well with the Aventine proper, while eighteen 
would include both. Another cniious fact connected with the Aventine 
embarraseed the Roman antiquaries of the empire. It was t^e only one 
of the seven hills not comprehended within the Pomerium of Servins 
Tnllins, and it remained excluded until the reign of Claudius.' The 
cause of the exclusion must be traced to the Temple of Diana which 
Stood OD it, and which, being a federal temple of the Latin Confeder- 
acj, could not be included within the city limits, and so was on neutral 
ground. The temple is said to have been built by Serviua, as the shrine 
in which the members of tbe confederacy might offer up common 
sacrifice.* Hence Martial terms the whole bill coUix Dianae.' The 
ancient edifice was rebuilt at the time of Augustus by bis wealthy 
friend Lucius Comificius. The new structure is represent«d in one 
of the fragments of the marble plan of Rome (see opposite page). 

The Aventine is said to have been colonized during we reign of 
AncuB Martius, who assigned it to the iuhabitanta of Tellene and 
Folitorium, and ot^er towns conqnei«d by him ;* but it seems, subse- 

Siently, to have been in a great measure deserted, for, towards tbe 
o«e of the third century, it was overgrown with wood, and formed a 
portion of the state lands {ai/tr publiau) occupied by the patricians, 



I ,i,z<,i:,., Google 



TOPOGRATBT OF EOm. i^ 

from whom it wm wrested after a hard struggla, and portioned out 
among the plebeianB.i For some time forward it remamed chieflyin the 
hands of plebeian familiea, and was, as it were, the stronghold of the 
order, even after all political diatincttoDB between the patricuus and the 
plebeians had been swept away. I^ter on it became one of the moat 
aristocratic quarters of the city. 
There were seveml localities on the Arentine connected with the 



Tenpl* of Diuuk 

leg«ndaT7 history of the tAtj. At the foot of the hill, near the Porta 
Trigejoiaa, close to the place afterwards called Salinae, were the Ara 
Eeaadri,' the Antrum Cad,* and the Ar:i lova Invenlora* reared by 
Hercules to oommemOTat« the finding of his oxen ; there was also 
pointed ont on the top of the hill a spot which long bore the name of 
JtemoHa or Bemuria, where Eemns watched the auspices* — an altar to 
Inpiitr Eliciiu,' which dated from Numa — the street Lauretam,'' where 
once grow a grove of lanrels over the grave of King Tatius, divided at a 
later age into L. Mains and L. Minus — the ATmUattriuni,'' where a 

I Ut. Ill »L ta. BlmiTi. z. n. 

' Dlonji. 1 «, 

•Vtrg. Sa. VIIL IMk Drid. FMt LUL BollnLS. 

*FiaL DluL LT. JCouu-iau aair.B. JTa 

•Vuml^L. VI. (St. LIT. I. ID. FlDtKDiD. If. 

'VKidLL. V. )1«^ Dlinn-III. «. Pllo. H.N. XV. M. 

• V»mL LL V. ) 1S3. VI i «. PhJ. DUc. it. ArmUHitHum, p. U, Flat Bom. M. 



festival, bcariDg ttie same name, was celebrated, it ia said, b; armed 

men ; bnt the nature of tbe solemnity is uoknown. Serviua TulUtis 
enclosed the hill within his line ot defences. Some good specinieDs of 
his work are Btill to be seeii on llie left sidt) of the Yiak ili Piiria S. Paolo; 
and tbe site of tbe three gates Rudnscuiaiia, Naralii, and Trii^emvia can 
also be recognised. 

Augustus made of the Aventinc the thirteenth yti.id of tbe cit; ; and 
Claiiilius, while extending t\ie pmierium in tliis direction, included in the 
ward the plain (of Tolaccio), which stretches from tbe foot of the hill 
to the left bank of the Tiber. The hill itself became one of the favourite 
abodes of the patricians, and waa covered with stately structures, while 
the plain below was entirely covered with warehouses (liorrea), landing 
atages (empvria), arsenals (iiaralia), commercial and banking estahlish- 
meots, govemoient stores for marble, lead, and wheat, stations for 
custom officers, &e. The remains of these horrta covered, until lately, 
many acres of ground ; they have disappeared since the building of a 
new quarter, called iM Tfntaccio, from the singular hill of that uaine 
which rises in the middle of the plain. 

nsDie T«4nc<:)a. — To the south-wcst of the Aventine and included 
within the circuit of the Auri;liaa walls, rises a little hilt or mound. 
Upwards of 13(1 feet above the level of tbe Tiber, and more than a 
ijuarterof a mile in circumference, composed entirely of broken pottery; 
tbe ground all round, for a considerable distance, being raised uL'arly 
20 feet above its natural level by a mass of similar fragments. I'his 
«miuence is now known as tlie Monle Tentaceio, and tbe nauiu ifuns 
Tfxlaceus occui-s in an inscription, as old, at least, as the eighth century, 
while the position of the Porta Oslieiisu, built by Honorius, proves that 
the surface of the ground at that point baa not undergone nny material 
change since the com men cement of the fifth century. There U, how- 
ever, no allusion to the Monte Testaccio in any ancient writer ; and no 
plausible theory has yet been devised to accouDt for such an extra- 
ordinary accumulation of potsherds in this locality. 

Some of tbe fragments of Amphorae and Diolae are inacribed with 
commercial marks and indications, written in black, white, or red letters 
and cyphers. The dat«s begin with tbe year 140 A.D. and end, as tar 
as we know, with the year '25b. These records prove that the com, 
wine, oil, dried fruit, and other provisions were shipped in these 
earthen vessels mostly from the province of Baetica in Spain, and from 
both tbe Mauritaniae on the north coast of Africa. 

A tomb of the seventh century of Rome, discovered in the heart 
of the hill, at the same level with the surrounding plain, shows that 
the origin of the Tcntuccio is comparatively recent, and confirms the 
chronology derived from tUe records written on the jars. 

ReremncOS.— For tie jyoma—BnllBtUDo uth. ComnD>le. ISIU, p. lie. Bullatt. dall' 
IntUMllo, ISeO, p. 88; (SU, p. ISS; 168*, p. SJ. For Iba Talimio—iinttet: flfcclAi nl 
RnU TaUmio, in AniuL Idbl, ia;s, p. lis, ud In Bnllait cum. lasi, p ts. 

The plain of tbe liorrea and of the Empormin was connected with 
the I'linim ISoariiim by a narrow atrip of land running alongside the 
river under the cliffs of the Aventine. In this strip of land, between 
the wharves and tbu Paria Trigemina of the Servian walls, we must look 



TOPOGRAPHT OF KOUE. 49 

for the covered shed called Pnriiciu Atiaitla, set up by the aediles 
1(. Aemiliu* l«pidus and Ij. Aeniilius Paulus.' Here, too. as mi^ht be 
expected, weretlie com exchange' (Pi'rlkiui Fabaria) and the reaideaco 
of the Prefect of the Anaona (now S. Maria in Cosmedin). 

Retnroing to the Aveutinc proper wa may mentioii among ita edificea, 
firet of nil, tlie temple of luiio Rtipim. built and dedicated by Camilliis 
after the sac); of Veil, where the voodea statue of the goddesx, broaght 
from the conquered city, was deposited.' Near a rock called Saxum 
Hiibmm, which is probably the name with the Ilemuria noticed before, 
on the first downward slope of the ridge towards the south, stood tbo 
slirine of the iiniici Dta Siiliiiaxaiia.* There was also a temple of 
Miiierrn (represented in the woodcut, p. 47) as old, at least, as the 
second Punic war,° and another of Iiipiler (Libertas), so that the three 
Capitoline deities were again worshipped together on the ATentloe, as 
OD the Capitoline and Uie Quirinaf. lupiter had another sanctuary 
under the name of DolU-hvniu (a foreign lupemiilio, imported from the 
Cominagene towD of Dvtiche). On ita remains the church of S. Alessto 
xiM afterwards built. 

The thermae built by Trajan under the name of his friend Licinios 
Sura (/A. Surianae), occupied the central plateau of the hill (the vigna 
Torlonia), where considerable remains were found in 1867. It is not 
certain whether the th. Veciaiiae, mentioned by the Notitia in connection 
with those of Sura, were an independent bath-house built by a member 
of the Decian family, or ivhethcr the name implies only a restoration of 
the former, and a conseqiient change of denomination. 

Many noblemen had their city mansions on the Aventine; among 
these were Trajan, before his accession to the throne — Llcinius Sura, 
the Caeciuae Decii, a branch of the Cornelii, &c, 

AppnucbBi !• ibe A*eHilHc.-~TliD chief, and, ID ancient times, pro- 
bably the only approach to the Aventine, was hy the slope called 
Cliruf J'ubliciua, so named from L. atid 31. Publicii Malleoli, plebeian 
aedilea, by whom it was paved and rendered paaaabls for wheel 
carriages. It ascended from the Porta 'Irigemina, and was the regular 
access from the quarter of the Forum Buarium.' 

The main line of commuuicatioa with the commercial quarter below 
was by the Porta Naralis (the ^'ia di S. Sabins). There was also a 
abort cut with steps called Scnlae Cassi. The Via di saata Fritca 
follows the line of an ancient street, which connected the Circus 
Maiimua with the Porta Kudusculana. 

The Aventine, as remarked above, has a ramification which extends 
south-east in the direction of the Porta Appia, and which is called 
sometimea the Pseudo -Aventine. Here was the douiui Cilanit, the 
palace of Fabius Clio, prefect of the city under Septimius Severus, the 
rauBioB of which came to light in 1858 under and near *■■- * 

Lii. xxxv. ». XLL n. 



•r«L ■.T.>i^lcliuClAii. ns. VumLX. V. JUS. Ut. XXTL la SMilKtha 
faBponuil dMCtipUoD or lb* prowlim In LIt. XXVlt. tl, 

E 

L ,i,z<,i:,., Google 



CO TWOOftiPBr OF BOIIB. 

S. Balbina; here alio was the paUce of Annia Coroifioia Fanatana, 
iister of M. Auiiiliug, discovered in 1687 in the Viale di Porta S. Paohj. 
The church and mouastery of S. Saba occupy Che site of the barracka of 
the fourth Cohora Vigilum. 

Tke TiieriBnc A«iaiiiBiaHs«, or Baths of CflTacalla, cover the slope 
of the ridge, which descends from the Via Ardeatina to the Via Appia 
(see general plan). They were begun by Caracalla, on a piece of liuid 
1,100 feet wide, 1,000 feet deep, a portion of which waa occupied by the 
Horti A»uiaai, and finished by Ifelagabalus and Severus Aleiander.* 
The finest street of Rome, the Via Nona, was opened at the same time, 
between the Thermae and the Circus Maximus.' The water supply 
WHS derived from the aqueduct of the Aqua Marcia, into which a new 
spring called Fora Novus Antaniiiiania waa purposely conducted. The 
aqueduct for the Thermae spans the Via Appia by an elaborate arch, 
miscalled the Arch of Drums. 

Rofeponees.— fM tlm -OnUi*""™ ■■ MminJ Anaii.f. SBS-PrallBr: Dit S^ohm. p. aOi— 
Ciiriiiii ynier. £al., VOL TI, D. <0«-)l3— AulMr. ircA, Ciiinun.,lfi:>3, pp. 0,113. Fur ttaa TAnut 
.Sw^iiiiruifflm'aiwt-PellBgrlDl; rt Ifnnr .^urlnnciaBnlJ, Iii'I. livM. p. 1^. FDrthsOsmu 
(TUsiito— VlnBODIl C.L.: StaH it I. BaWaa la BdIL ImL. lUi, p. Ill— Noiliis Sail. 19S4. 
n ISA For ths fialAi a/ CaraeaUa, Blouet AI»1 : Ktitaarnlioa da ll>r'-mn dt Caratalla, 
Full, ISS-^-UsTchl: Umaiaitf BBloniniana, Roms. IMT. For the BO-caLed inh ot DnitDa 



MOSS CO ELI IS. 

This important hill, which Augustus made the second ward of the 
city, is separated from the Aventine, or rather from the prolongation of 
the Aveiitjne, upon which the churches of S. Balbina' and S. Saba 
now stand, by a deep valley along which ran the Via Appia, issuing- 
from the Porta Capena. Hence the valley is sometimes called by 
Italian topoj.Taphers ■• Valle della Porta Capena," although the name of 
"Piscina Publica" would perhaps be more appropriate. 

Another valley, running east towards the I.ateran, divides the hill 
from the spur called by the moderns "Monte d'Oro," on which the 
church of San Giovanni a Porta lAtina now stands. This valley was 
named Vallis Egeriae, from the dell in which Numa held noctnmal 
converse with l£e nymph Egeria (//I't ubi wietnmat Numa conslitaebat 
flmi'coe), and from the grove consecrated to the Camoenat, together 
with the sacred grotto and spring — localities minutely described by Livy 
and Juvenal.' The latier's words are so distinct, that it is difficult 
to imagine how the opinion maintained by so many modem topog- 
raphers, that we are to look for these spots outside the modem Porta 
S. Sebastiano could ever have found supporters. 

The grotto, decorated with pumice-atones, shells, and coarse mosaics, 
was located in the lower grounds of the Villa FoDseca. It disappeared 
in 1880. The springs, howevtr, are still visible, as they have found 
their way, throngh rock and loose soil, to a nyrophaeum of the sixteenth 
century, near the comer of the Via dl Porta S. SebastJano and the 
Via delle Mole di S. Sisto. Keturning to the main valley uf the Porta 

■Lunprid-IM.ir. AI«.M. 

' Spirt Carsff. & Anr, Vict C"«i 'L 

• Lit. I. :!l. Jul. i III ID. oomp. Pint. Nbbj. 11 



. ,i,z<,i:,., Google 



HOKE. fit 

Capena and the Piscina Publica, tfae Via Appia (and at a more remote 
age, the river Nodin□s^ divided it in two sections, both outside ths 
Servian walls, and botn thicklj inhabited. The portion east of the 
Rcgiiia Viarum formed the first ward of the city (Porfti Capena} — tfae 
portion west of it formed the twelfth ward {Pigciiia PaUica). The 
Piscina was a large tank, fed by local springs, in which the populaoe 
used to bathe and exercise themselves in swimming, bat the poaa itself 
had disappeared before Hie end of tlie Republic, although the name 
was still applied to a street leading from tlie Circus Maximus to the 
Via Ostiensis.! 

The most noteworthy edifices of this nctghboarhood have nlready 
been nottced.in the description of the Psendo-Aventine (see p. 40). 

Those of the first ward, facing the Appian way, were, in the imme- 
diate vicinity of the gate, the temple of Honox, erected by Q. Fabiaa 
VerrncosuB, and repaired after the capture of Syracuse (B.C. 'iVi). by 
M. Marcellus, who attached to it a temple of Virlvs, and decorated the 
twin shrines with ^ eversl masterpieces of Grecian art, brought from the 
conqaered city.^ IFrom this point, or from the neighbouring temple of 
Mars* the Roman equites proceeded annually, on the 15th of July, in 
solemn proeesalon {tramveclio) to the Capitol.' Beside the temple of 
liars stood^ sacred stone, the Lapis ilniialis,' which was dragg^ into 
the city with certain ceremonies, during periods of ezceeaive drought, 
in order to procure a fall of rain. 

The triangular space between the Via Appia, tfae Via Latina, and 
the river Almo was the most favourite of Roman cemeteries. Here 
have been found the Hypogaeiim of the Scipins, the Columbaria of the 
Pompeii, of the Pompooii, of imperial freedmen of Drusiis and Tiberius, 
and more than two thousand funeral stones. The Coelian presents the 
largest level surface next to the Avcntine, and rises to the height of 
about 158 feet above the level of the sea. It was named originally, 
we are told, Manx Querqutiiilnmix, from the oaks with which it was 
clothed, and received the aiijiellation of Afoits VueUw, from a certain 
Coelius VibennuB or Coeles ^~ibenna, an Etruscan chief, who formed a 
settlement on the hill, as early as the time of Bomulas, according to 
one account, or in the days of the elder Tarqiiin, according to anothet." 
For a short period, under Tiberius, it was designated Moas Augtulm, to 
commemorate the liberality of the emperor in supplpng funds for 
repairing the ravages caosed by a destructive conflELgralJOD.' It mnat 
be remarked that the surface of this hill is broken up into several 
divisions, by depressions and projections, and while the whole was 
termed Mon» Coelim, one of the smaller heights or ridges was dis- 
tioguished as Ciielius Minor or CoeUoliu;' but topngraphers have been 
unable to fix npon the portion to which this title bcloitga. 

'Fal.t.T.PiKlHaiptibHcae.-p.iii. LI* XXIU. B3. Clc ulQ. F. HI. 7. 
, »OTkl. FmLVl. isf Properl. IV. Ill Tl, Sott. »d Vlrg. .ffin. L Jm. 

•Ut.XXV. 40. XXVIL if CladeN.D. 11. S3. IoVbit. IV, M. V»LM»i.LI. & 
• Dtony. VI. la. Clq.ad<iF, 1IL7, Annl. VlcL do .Irl. ill. 81. 

■.T. Tnlltim, p. Sai. ed. QsrL IkOA ulb. >p. Fulgent i.(. Mamalu Lafiia, p. aSS. ed! 

TulL Ann. IV. U. Vuro L.L. V. t IS. Dtoiya. II. 3S. Tsb. Lngd. bil QnO. XIL 



'8oet.Tlb..„ — 

•Vunl.1. V. t*«. OnL da Hunip. mp. U. UsnUL XIL 1& 



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63 

We hoar of many public buildings of imporlaiice on the CoeliaD. 
There were chapels of Iha Canta ' — of Mtneri-a Capta ' — and of Diana 
(on the Coeliolua*) ; a temple of Ixii* and a teuipla of Claudius. Thia 
last was commenced byAgrippioa, abandoned by Nero, and reatored by 
Venpasian.' Its gigantic aubstructione, between the ColiBcum and the 
Church of SS. Giovanni e Paolo, cover an area of 498 feet by 626. 
The side facing the Falatine is decorated with a double tier of porticoes, 
built of travertine, one of ths most effective rains of ancient Kome. 
The temple itself has diaappeared. 

The church of SS. Giovanni e Paolo, just named, is buttt over the 
well-preeerred remBins of a Roman house, excavated within the last few 
years, and full of interest for the student Like the Aventine and the 
Alia Semila (Quirinal), the Coelian was a favourite quarter with the 
patricians. There were not less than one hundred and twenty-seven 
palaces, of which the most celebrated were— the egi-egiae Laleranorum 
aedes, belonging to the Plautii Laterani, from which the church and the 

ffitnarekium of St. John the Lateran derivea its name'— the house of 
amurra' — the Aedea VecliUanae, m which Commodus periHbed'^the 
paUce of Annius Verus, in which M. Aureiiua was born and educated 
(his equestrian statue of gilt metal now on the Capitol comes prahabty 
from it) — and the houae of the Aradii Valerii 

The characteristic features of the Coelian were the Barracks. The 
Castra cohortis V. riijilum have been discovered in the Villa Matlei in 
1820; the Caslra Pcregrina opposite the church of la Naricella (S. Maria 
in Doianica) in the sixteenth century ; the Caslra Et/uitum Singiilariiim 
in 1732, in the space between the church of S. Giovanni in I^terano, 
and the walla of Aurelian. 

The best preserved monument of this quarter is the rotunda now 
dedicated to Santu Sic/ano (rotondo), built in the fourth century for a 
public market It stands on the foundation of an older buildini; of the 
same kind and aliape, which was probably called the MactUum Maijimm. 

The ilrcus Nernniam or CofUmoyilani, built by Nero to convey portion 
of the Aqua Claudia to his artificial lake, and restored lar^'ely by 
Septimins t^verus and Caracalla, crossed the hill from end to end, viz., 
from the region of the Latemn to the temple of Ckudiiis. 

Almost the only memorial of more ancient times now standing on the 
hill, is an arch, probably connected originally with some of the 
aqueducts in thia aistrict. It is usually known as the Arcia DuiabtUae, 
haviog been erected, as the inscription informs us, hy the consuls 
P. Cornelius Doltabella and C. Junius SiUnus (A.D. 10). 

RefePenees.— For tfii> Lcumi — Rohmli de Fleniy; U Lalran ou nwrtn igt. Furls. 

V, cohon"j°^n'rii-R^ref mum ''Folium LalirrJil toriimoSiMU, Boma, ISM. Dfl ani.l! 
£< Siaiioiii dti ytaiii. Id Ann. Init, HISS. P«r & Sieftoa Botamlo— Laimiul; 1,-iiiiitraria 
tU EiHtitdlln, p. II, 

Uiorob. a. I. ]% 

OTkir»iVllI, S3T. camp, VirroUL. V. («■ 
Oni. da Huiu^c mp. Ifi. 
Traball. PolL trU. urun. -Jl. 
8ml Thd. a Froatin. da Aqned. W. 

Jd*. S. X. !& Tsolr. Ann. iv. tv. SO. Vicior EpIL Vt Ttaa cbnrch wu Drlglaallr 
HuHdiDihaSikttour. 
HIn. XXXVL 4B. 
Lunprid. Uommod. 16, CaplMUa. Fartln. f. 

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TOFOGItAPnT OF Bfttie. 53 

CeiwiieHste. — The bollow between ttie Coelinn nnd the Eaqniline 
seems, «• we hava already staUd, to liavs bome the nBme Cerolienii*, 
and here was the SactUiim Simiae, wbtch marked the commencement of 
t^e Sacred Wa;. In this valley were formed the costly fiah-ponds of 
Kero (ilagna Neronii), included withio the liniita of the Anrea Domtu ; 
and tiieir ajte was afterwards occnpied b; the stupendans mau of tho 
ColUtum, the moat iinpreasiTe, perhaps, of nil ancient ruins. In tho 
same valle; we can still trace the remains of the Mela Snilanii, the 
pedestal of the bronze Coloims of the tan ; and finnlly, at the point 
where tiiii ho)tow is joined by that which divides the Palatine from the 
Coelian, atands, atill entire, the triumphal Arch of Conetantine the 
Great, erected to commemorate his Tictory over Maxentiiu. 



ESqDIUIAE S. M0N3 ESQni.IKL'S. 

We have already, in our preliminary sketch, explained generally tho 
relative position of the localities connected with the Eaquiline— tho 

Monn Oppita — the ifaut Cvpiia — the Cariiiae — the Viact Cgprius — tho 
Victu PatriciM, and the Subara. 

We must DOW remark that, the Servian walls having cut the Eaquiline 
in two halves, the name remained attached, aa a rule, to the portion 
oHlsitle the walls, while the portion inside was more precisely defined as 
Mom Opptua and Moni Cupiia and their inhabitanta called taonlaiii m. 
OppU, ike. When Augustua divided the city into reijionen, the district 
inaide the walls became the Ourd icard nnder tho name of Iiis tl Strapu, 
that outside the fifth, under the name of l^nijuUiae} 

The greater portion of the Eaquiline was, in ancient times, covered 
ivith woods, and although they gradually disappeared, traces of them 



remiuned in the imall Luci or sacred groves connected with tempi 
Among theae we find especial mention made of the Fagutat or Lu 
FagiUatii, with the Sacellum Jmin Fai/nlalu^ — the Liicua Esi/uilinug' 



the Liicui PoeleUut* — the Lucu* ItiHonii Lucinite, with her temple, built 
in B.C. 375,> and the /.iiciw Mejilb.* The last, taken in connection 
with the altars to Mala Fortana' and to Fehritf would seem to indicate 
that the climate of this quarter waa re^farded as unwholesome ; and it is 
certain that, for a Jong period, the greater portion of Esquiline proper 
was inhabited by the humbler classes only, and contained no public 
buildings of importance. 

The amenity of the npper part of the hill muat have been entirely 
destroyed by we vicinity of the Campia EnqiaUmm, an extensive plateau 
outside the Servian wdl, which was the ordinary place of punishment 
for malefactors convicted of capital crimes, and served aa a place of 

1 The nasin ol tba nglou baloag to ■ Uter period ; Anguitn) pmlMbI j unmtierod Umbu 

< VuTo UL. V. I W. SO. fegt b.t. arftlmaatie, p. 148. FftoL Disc (.T. Ftt%UiI, p. VI. LT. 
StptlmonauiB, p. Ml. 
•VmtoLL.1.0. 

•VutoLb. Dhmji. IV. is, 0Tld.Fut.IL4M. FUd. B.N. ZVI. 44 
• Thto I.e. Pen. *.-%. fttltmaUlt, p. BU. 
' Oe. d* N. D. IIL ». da len. IL 11. 

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ai TOPOOHAPHT OP HOME. 

inteimcat for tho lower classeB in the commnnity.' Tho rich avoided 
it M a rule, because a part of the ground whs set apart for slaves aad 
criminals, whoso bodies were frequently thrown dowu and left to 
decompose or to hecome the prey of dogs and birds, without All 
attempt being mada to cover them with earth,' But daring the reign 
of Auguatua the aspect of this region underwent an important change. 
Maecenas having selected the highest point for his resideoce, erected 
a lofty edifice (turris Maecenatiana) commanding a most eitendre pro- 
spect, remoTea the pnbltc cemeteries to a greater distance, and laid 
out the ground around his mansion in spacious gardens and pleasure 
grounds (horti Maeceaatiani)* which descended by inheritance to 
Augustus, and remained for some generations in possession of his 

,uH.,Ti.,««. urium; JnW^Il.,lS;fl,p.2U^ lI(M,p.3a£.' ' ' ' 

sianBHeiiW ariin III. Rc«Ub (Isis et Serapis). — When the dynasty 
of the Flavians restored to public and private use the groat extent of 
land usurped by Nero for bis " golden house," they set apart certain 
plots ID tne neighbourhood of the amphithealre in which to raise baths 
lor the benefit of the inhabitants of southern Rome, and other establish- 
meuts connected with the gladiatorial or hunting shows, which periodi- 
cally took place in the Coliseum. 

The Thermae Tilianae were built over the remains of Nero^s house in 
auch a hurry, that Trajan was obliged to re-construct them from the 
very foundations. Hence their promiscuous name of Th^mat Tilt et 

The " dependances " of the amphitheatre were — (n) the cnstra 
Misenatium, barracks for the marines of the fieet of Misenum detailed 

sheltered 

training school for gladiators ; (c) the Curia athklarum, an athletic club, 
the remains of which, excavated in 1569, are still extant; (d) tbe 
tumninm Choragiam, a repository for all kind of machinery, costumes, 
&c., used in the shows ; \e) the SpoUariam, to which the di:ad bodies of 
gladiators were removed; (_/) the Stimiarum, in which the weapons were 
made and repaired ; (^) the Armamenlariiua, where these weapons were 

[The last three named edifices belonged to the IL Regie] 
The Monela, or imperial mint for the coinage of gold and silver, was 
discovered in 1570 opposite the church of 8. Clemente. Tbe porliciu 
TeUarenuis, or offices of tbe Prefeclns Urbi, occupied the space between 
Titus' baths and the temple of TeUm, near the church of S. Tietro in 
Vinculis. 

Ret^enees.— For the Tbcmua Tltlftiua mnd the QaMeo Boat — ie Romuts: 
Li •MfKM Camin SnuUlMt, Rame, IBM. For the Cnrlii Athletamm— EVlconleri; /nio-. 
AUU: Komtt. l«fiR Kilbah Inicr. arau. StriHai a Ilaliai, n. 11D.--IIII>. RLoel; LaUrr.ti 
ririii la Hail. Com., tS»l. For Itie PorUcu TeUnrstuli : MM. Coin., ii»i, p. 1>. 

. Titii. Add. I 



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Wpogbatst or rwb. 05 

IHsBaHeBii sfike V. Begi** (Egquiliae), — Tl)c condition of tbese 
B[Jiui<Ib in republican timeB is described grapiiic&lly by Lirj, xxvt, 10, 
in speaking of the Nutnidian deserters placed outside the Bequiline 
Gate — inter coniaSeA teciaqiie hortorum et sepulcra, nul ravat raidi^ue viat. 
The great consular roads, the cemeteries, and the gardens remained, in 
fact the characteristics of the district oven in imperial times. The 
roads were — the Praenextina (formerly the GaJniia), the Labicana, and 
the Tihurlina, connected by many cross-lanes. They were lined with 
alatel; tombs, snch as the one called rasa Tonda (destroyed 188i), the 
Panarium Enrymrix. the columbaria of the AmmtiitsiA ot the ScatUii, 
the monument of Str, Salpiciiis Rufia;' but these showy tombs were 
only intended to screen or conceal the " fields of misery " behind, 
where men and beaata. bodies and carcasses, and any kind of unmen- 
tionable refuse of the town were left to decompose.' We have already 
ailuded to the great reform of Maecenax, who buried the principal 
centre of infection under a mass of earth '2'j feet high, and laid out on 
the new surface bis world-renowned Horti MMcetiatiani, His example 
Ifaa followed by others, so that at the beginning of third century nner 
Christ the whole region was transformed, from an unwholesome 
canetery, into a delightful park. The park was divided into several 
aections, intersected by roads, and named from the personage who first 
lud them oat or who owned them before they became orown property. 
Starting from the gardens of Saliuit and proceeding in a southern 
direction, we should have crossed the gardens of LoUia I'aulina, of 
Maeeenat, of jElita Lamia, of Torqriatiu, of Epaphrodiliu, of Hdagabaht*, 
of Statitiiu Taurut, and many smaller anea, all forming one stretch of 
verdure more than two miles long. 

Edi&ces of monumental type ware rather scarce: the aTr^kiikeatmm 
CattrenM. the la/mphneum AlKj^andri, and the ballot theBesBorian Palace, 
called Hienaalem, are the baat still in existence. 



Tie Viminal waa aeparated from the Esqailine by the Vim* Palririia. 
from the Quirinal by the Vallis Quinni and by the Vicus Lviigia, now tbt 
Via di S. Vitale. The point where the ridges of the Viminal and 
Qairinal unit* is 180 feet above the level of the sea ; the floor of tho 
cbnrah of S. Lorenzo in Panvpema is 170, No portion of the ancient 
city was less distinguished by public buildings or remarkable sites of 
any description, and hence we may conclude that it was at all times 
inhabited chiefly by t^e poorer classes. Almost the only edifice ot 
which we find any notice was the mansion of C. Aqniiliua, a Roman 
eques, celebrated for his legal knowledge, who flourished during the 
last century of the commonwealth. This is said to have transcended in 
magnificence erea the dwellings of Crassna the orator and of Q. Catulus, 



I Bm Ctrpiu IviT. lal.. vol. VL, ?, p. ««, n. sasT^Slt 



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en the Palatine.' Aaewitns indaded the Viminal in the IV. ward of 
the city. The house of Fudens, on the Vicug PHtricias, Ih conaidered 
by Cbrietinn urchKoloinsts u the fiist meeting-place of the faithful in 
Bome {Eccltsia PiuUnttaaa). 



COLLis (jL-iHiSALis (the VI. region of Augustni, named AUa Sfiaifa), 

This hill, of which the highest point is at its junction with the 
Timinal, is mid to hare been oriffinall; called Affonun,' and to have 
received the name by which it was subsequently known, when colonized 
by the Sahioes ^Oirelei—Quirilei—QrHHmis), by whom it was inhabited 
diirinf; the earliest ages nf Rome. The most celebrated temple was that 
<rf QtiirittH.1. We hear of its eiisfence as early as B.C. 4J5 — it seems to 
have been built and dedicated in B.C. 298 by L, Papirius Cursor, in 
fnlfihnent of a \ov/ made by his father the dictator, and it was again 
rebuilt by Angustue in B.C. 11'.' Pope Urban VIII. destroyed its last 
Testigea in 1GS6. Before the ereclim of the triple shrine to Jupiter, 
Jnno, and Jlinerra npon the Cspitoline, there existed a temple on the 
Quirinal consecrated to these deities, and although thrown into the 
shade by the splendour of the new edifice, it was still in existence at a 
very late period, and is called the Ciipilolinm Vflio by Varro. while it is 
indicated by Martial by the appellation of /o'is anliqiim.' (.)n the 
Q»iirina! ware also temples of Flora;' of .'■'o(k«,' decorated with pninliogs 
by Fahiiia Pictor, near which was the house of Pomponius Atticus;' 
and of Fnrliina PuhUea pnptiti Rnmani Piimige/iia : of Fnrlunit imlilica 
ciUrior;' of .Slmo .Soiiria Diw Fiiliits, discovered IS81 near the cliurch 
of S. SilTestroal Quirinale;* of SeivpiK, near the church of Sauta Agata 
alia Subura," and beyond the gate (C"f'i"n) was a temple of Vtniu 
EryciHa," discovered and destroyed about A.D. 1585 in the Villa 

On tJie plateau, where the Viminnl and (juirinal join. Diocletian built 
hk Thermae {A.D. 305), tiie most extensive and costly of all the imperial 
structures of that c)a«8. The central portion is well preserved, especially 
the caU^nrium and the frigldar'mm. which were transformed bv Michael 
Asgelo, A.D. 1562, into a church of S. Marin dcnH AiigtU." Tha 
Ticrmat Conntaniiniannt occupied the site of the modem palaces 
Botpiqlioii haA ihUa CoiiwUa. Tlicir destruction dales from the time of 
Paul V. (1605). 

Close to the porta Collina was the CnmyJtis S<-ilcrat\i» where the 
ipiiaH.N.xvm. 

« Fail IT. QnlriHalU calUl, ft S»t. PiDl nUe, *.t. Agimiiin. p. 10. camp. IWonw. II. S7. 
• mony.. It S3. Orld. FHtTl. Ml. VI. IBS, LH. IV. II. X. «. Plln. H.N. VII. CO. KV. 
», Dion Cm. LIV. 19. 



*Ui.X1. PHa. H N, XXXV. 1 

' Cle. Kt AtL IV. I. XIL VI. da Icm. 

•Ut. XXXIV. M. BiaHiw, ropoof. p. 183, 
> VlMOtltl M ilmulacrt iH ArrnD .'Ww, Bomt, 
"•eiMjwi/iiHT-. isL.Tol. VLn.6TC 



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TOPOGItAPHT OF Boae. 57 

Vestal ViriiiQB, who hnd broken thair vows, were buried iitive.' It» 
exact locntion correaponda with the north-east corner of the noir 

Treasury Buildings (Paii=:>i delle Finalize). 

The noblest private mansions were those oF Q. Flncita Sabima, 
transformed onder Domitian into a Ttinplaiit fieiilk Flaviae; of Valeriiix 
Vtgetii), consul. A.D. 91, and of his friend VaUnia MariiaU*, the poet; 
of tho Pomponii Bean; of the Nummii, Selilii, Acidii, Pottamii, Sic. 

COLLis HOUTULOnL'M (partly included in the Vlf. region Via Laid). 

This hill, which, io the decline of tlic empire was named itonir 
Piuciia. — whence the modern appellation Moiile Placio — rises, at its 
highest point, about 220 feet above the level of the sea. It was not 
included within the Servian wall; and, as the name imports, was laid 
out in gardens nnd plensiire grounds. Among the moat celebrated of 
these were tlie Horii Sallaatiani ;' the Hnrti LticiiUiani, first mentioned 
in connection with the downfall of Mpsaalina;' and the Hvrli Acilioriim. 

The HorIi SaUiuliani occnpied the hollow between the Fiaciaa and 
the Quirinal, and the heights of the Vilta Mnnsimo and of the Villa 
Lwlnvisi. Some remains of a graceful Njmphaeum can be seen in the 
modem Piazza Sallustiana. The Hnrti l.jiailHani extended from the 
Via Siatina to the region of S. Andrea delle Fratte ; the Horl! Aciliorioa 
included the church and garden of the Triniid dci monti. the Villa 
Muliei, and the public garden of the Pincio. They were laid out in 
terraces, supported by walls of reticulated maaonry. The substructions 
on the north and eoat aides, included by Anrelian in the city walla, are 
still in existence, and so is the pindna or reservoir, oxcaTated in the 
solid rock, under and near the Cawia ikl Pincio. 

Refareiiae3.-For ih« Btni aaVunUnl-VaWat^ mh. eom., 1988, p, ». For ms n^( 
««■(( ™HDririn-Ball'lpiV,VBS,"llO.' CorpiU /^.'ia(, vTp. «W.' lull. ireh. mm.. 

Having now completed the circntt of the aeven hilla. we muat deacribo 
the plain which stretches from their foot to the left bank of the river. 
The Via Flamiiiia, issuing from the Porta Ralumena (Via di Marforio), 
and rnnning in t, atraignt line to the Pons Miilviuii divided it in two 
sections. The aection eaat of the Via Flaminia (the Corso of modern 
Rome) was included by Augustus in the VII. ward, named Via Lala^ 
the other formed the IX., named Circiis Flaminitis. 

REGIO VJI. VIA LATA. 

HI* region derived its name from a broad road which ran in a 
straight line from the nortli-east comer of the Capitoline to the present 
churcb of S. Silxatrt) in Capite, in a parallel line with the Via Flaminia. 
Its course can be followed bj means of remains of pavement discovered 
at variouB times. In this region we must look for toe Campm Agrippae, 

' nmn. II. cr. Pla*. Bmn. to. Ui, VIII. 1». Feit i. t. SMfcrndu fontwii, ii JM. 
•T«lr.Am.XIIl«. Hl'tnr. W. DlonCu*. LXVI. 10. Voplm. AnroLta. 
<T*eU.AiuLXLai.». JDT.a.X.3M. PIul LacnlL SS. 



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TOPOa&APHT OP ROUE. 



eSUiT the siater of VipsaDJuH Agrippa. hcDce kaoirn also as the fnrticia 
Vipiania. It occupied a strip of latid between the Campos (tnd the 
ViR Flsminia, from tho modern Palazzo Mnriy.ioli to the Pla^a di 
Sciarra, and on ita waits were paioted the f;eographical maps of the 
proviocea of the Empire, Hurrejed and drawn bj the Afeiisore.1 lotiut 
Orbis, in tbe census mentioned by St Luke. The Templ'im Solit was 
built by the Emperor Aurelian in memory of his conqaests of Palmyra ; 
lemuns of it exist in the Villa Colonaa and in the Piazza tlella Pilolta. 
The other ediGcea of tbe Region were tbe beadquartera of the City 
police, Cattra Cohorlu -primae Virphnn, diBCOvered under the Palaizo 
Mnti-Savorelli. the Porlicut Contlitiilhii, discovered aiong the Via defili 
Archi delta PUotta, the Forum Suariiim, near the church dei Lucchai. 
a triumphal arch which atood on the Yia Flamioia (at the comer of 
tbe Via ddie ConrerWe), deatroyed A.T). 1660 by Pope Aleinnder VII., 
and another arch inacribed with the name of Claudius, by means of 
which the Agua Virgo was carried over tbe same high road. It was 
diacovered A.D. 166.i in tbe Piazza di Sciarra. 

IX. lle«f»H— uircBB viHiHiHiai>. — The southern portion of the 
meadow between the Via Flaminia and the river, that part, namely, 
which was neareat to the Capitoline, was known as the Camjnm l-laminius 
m Praia Flaminia;^ andhetc. immediately under tbe An, C. Flaminius, 
who fell at the battle of tlia Thrasymene lake, formed the Circnx 
Flamiiiiia, which gave its name to the ninth Augustan region.' Build- 
ings were erected in this quarter at a very early period, and before the 
death of Angnatns, a vast number of most important edifices were here 
-clustered together. Immediately outside of the Servian wail, at tbe 
south-west angle of the Capitobne, in front of tbe Porta Carmentalis, 
was the Faruni Olilorium * or vegetable market, in and around which 
were several templea— that of Apolin, vowed in B.C. 433, on account of 
a pestilence, ana dedicated B.C. 431, by the consul C. Julius Mento, 
being tbe only temple to that God in Romebefore the time of Augustus' 
— that of Spei, elected by M. Atiliua Calatinus, in tiie firat Punic war, 
destroyed by 6re in the second Punic war, rebuilt, again destroyed in 
B.C. 31, and again restored by Gemianicus* — that of luno SotpiSa [or 
perhaps Iuuq Matnia). vowed by C, Cornelius Cethegus, in the battle 
against the Insubres, B.C. 197, and dedicated B.C. 196*— that of Pieha, 
TOwed by M'. Aciliua Glabrio at the battla of Thermopylae, B.C. 191, 
and dedicated ten years afterwards by his son ; reared upon the spot 
where, according to the legend, the woman had dwelt who saved her 
impriaoned father from atarvation by her own milk' — and that of 
Bellona, in which the Senate generally assembled when circumstances 
rendered it necessary for them to meet outeide tbe pomerium, aa, for 

■ In. IIL M. S& VAin KL. V. } isi. 

iPuL Dlae. I,*. /'iaa<s<iu,a tm. LIt. EpIL XX. VamL.!. V. JlSt. Sirabo. V, 3, }g 

•VhtoLL V. tlM- 

* LiT. IV. »*. ». XXXIV. M. XXXVIL M. XLL IT. Aason, tA Cio. Olmt Id tog. ainil, 

7. XXV. 7. Clo.flBK,D.ILM.d»lBM.ILlL Txdt Ana IL tS 

Uc. XLH. Flla. H.N. VII M 



".oogic 



TOPOGRAPHY OF ROME. 59 

example, when tliey gave audiunce to tbe ambassndora of a state with 
vhicli ^e KomtiD people were at war, or to a, general who liad not laid 
down his military command.' The temple of Apollo. meotionGd above, 
vas occasiooall; employed for the game purpose. Behind this temple 
was a small open space where stood tbe Cotnmna Bellica, from whence, 
'when war was declared agaiost an enemy beyond the sea. tjie RomAD 
Fecialis hnrled a spear into the plot of ground called Ager liialxUs, 
which represented the country of the foe.' In addition to the above, 
this quarter contained the Aeiks litrunla Mumrnm, built bv M. Fulviua 
Nobilior, about B.C. 186,* aud rebuilt by L. Marcius Philippua, the 
stepfather of Augustus,' who surrounded it with the colonuade called 
Pvrlieua Philippi '—ttie temple of Hereuki Ciutot'—ot Diana and lunu 
Begina, dedicated by M. Aemilios Lepidus when ceneor, B.C. 179' — of 
Fortana Equenlrii, vowed by Q. Foivins Flaccus, in a battle against the 
Celtiberi, B.C. 180 "—of Mara '—of Nephinia, oaUed the Delubrum C«. 
Domitii^' — and of Caitur and Pollux.'^ All these sacred edifices have 
disappeared or are concealed by modern buildings. Some pillars 
belonging to the temples of Spes, luno, and Pietos, which stood Ride 
by side on the west side of the Forum Olitorinm, can be seen in and 
around the church of Ij. Nicola m Carcert (so named after a Byzantine 
prison which stood in the Via tie Pierleoni close by). A square sub- 
struction in the caves of an inn called Delia Catena, opposite tbe 
theatre of Marcellus, is attributed to the temnle of Apollo, while a 
round shrine in the courtyard of the convent of S. Nkolo dei Cesariiit 
is identified with tbe temple of Hercules UusCos. 

In tbe Teeion of the Circus Flaminius, also, were tbe three great 
theatres of Rome — 

1. Theatrum Pompeii, built by Cn. Pompeius Magnns npon his ruturn 
from the Mithridatic war, to which were attached a spacious colonnade, 
Uie Porlicnx Pompeii," where tbe spectators might find refuge from a 
sudden storm, and a ball, employed as a place of meeting for the Senate, 
the Curia Potnpeii, in which Julius Csesar was murdered." In the 
immediate vicinity of tliis theatre, Pompeius, who had previously lived 
in the Carinas, built a residence for himself and laid out gardens.'* 
Adjoining tbe theatre was a colonnade, built by Augustus, decorated 
witK representations of fourteen different nations, and hence called 
Forticu* ad Nalionea,'^ and here, too, was the triumphal arch erected by 
ClandinB in honour of Hberiua. There are a few fragments of tiut 

' U7. X 1». IXVIIL S8. ZXXL IT. XZZIIL W. XXXVl S», SXXFX. ». XLI. S. 

- - ■ ■ Pmt VL Stts, Serv. Bd Vlre. 3!n. EL W P»gl DUo. «.v. fltUorio, p. il3. 

TO Anil, 11. FUd. hh T-intv in piui, Q,a tS. Eunuii. pro iou, ulioL Ang. 



ans??'M. 



Ut. S.I. 40. 44. XLIL 10. ThIL Ado. IIL 7L 

PUiL B.». XXXVI. Dl 

PBn. I.e. LIT XXVIIL tL 

VllniT. IV, S, 

VIUOT. V. ». Orir). A, A. L S7. 

Plat Brot 14. OuH. M. Apptaa. B.a n. lift Clmle div. II, 9. Uv. Wt CXVL 

tJgl, 80, 81, Oc(«v, 81. DIoqCim, XLIV. 16, Flln, RN. XXXV. Ii 

Plia ^.'xXXVL J, SsTT, Id Vli^ So. VIIL U 



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CO TOPOGRAFHT OF ROUE. 

ciaiei and of the cacea of Pompejr'a, theatre in the Piazta di Grotta Pinta 
and in the cavea of the Palazza Pio. 

■'. Thenlram BoWi, built by L. Cornelius Balbas,' entirely destroyed. 

3. Thealram Marcetii, built by Auguatua in honour of hia nephew, 
close to the Forum Olitorium, on the site of the templB of lietaa, 
noticed above.' A great part of this theatre was deatroyed by a con- 
flagration during the reign of Titos ; but considerable remains of the 
semicircular outtr wall are still visible in tha Piazza Montanara, as may 
be seen from the woodcut belonr. These remains were converted ia 



middle ages into a stronghold of the Savelli family. They belong now 
to the Orsinis. 

Finally, ife must notice in this r(»ion the Portieut Oclavia, otherwise 
called Particus Cfirinthia, creeled by Cn. Octavius, who was consul 
B.C. ] 66, in honour of his naval triumph over Perseus.' Thin structure 
mnst be carefully distinguished from the Porticus Octaviae, with its 
Bibliathteae, Schola, and Curia attached, all comprehended under the 
general title Oetaviae Opera. The latter was built close to the theatre 
of Marcellus by Augustus, in honour of his sister.* It occupied thesittt 
of the earlier Portion Metelii, built by Mctellns Macedomcus (consul 
B.C. 143), after his triumph, and included within its circuit temples of 
Iiipiler Staler and of Iimo* The remains of tlie Porticm Ociaviae, as 
they now exist, include the propylaeia, portion of the western colonnada 
and three columns of the temple of Jupiter. 

RefMtDMS.— Jni'i'./'UF., 18M.p.ll)& finJI. /«!.. 1B78, n WS. AmuU. /uf., IMI, p. I. 
BnU. turn., IMS. p. in, 
■ Satx. OcUt. ». DIoD Cua LIV ». 
JPUn.H.N. VII. M, 

•Velleltull.l. PUn. H.N. ZXXIV. A Feit. i-V. Oehw>M_KirH»i,D. ITS. 
«D1odCui.XUX.I3. PIdlMuaM. PUo. H.N. XZXV. UfcZXXVL t. BostdalU. 

•ValMntLlL PUil H.N. Z2XVI. 1, 



TOPOOBAPHr OF ROME. 61 

III. Caaapas Hartla* (in a reatricted sense).— To the north of the 
Frata Flaminia, and occnpjing the iipace formed bj the angular bend 
of the stream, vas the Camfat Martins proper, frequently called simply 
Cainpvt. According to the Darrative of Livy,' it was the property of 
the Tarquins (ager Tarquitiinmiii), and, upon their eipulsion, was 
coofiBcated, and then consecrated to Mars ; but DtonyBiuB asserts ' tbat 
it had been previously set apart to the god. and sacrilegiously appro- 

Eriated by the tyrant. Thia story ngrees veil with the statement of 
ivy, that it was thought impious to make use of the crop which was 
growing upon it at the time when the Turquios were driven forth, and 
feat therefore — qma reUtjiosam eral conxiiiiiere—the corn when reaped 
was cast into the river, and formed the nucleus of the fiwila Tibtrina, 

During the republic the Campus Martius was employed specially for 
two purposes. (1.) As a place for holding the constitutional assemblies 
(comi'Ki), especially tlie Comitia C'enluriala, and also for ordinary public 
Bjeetjnga (conriowj). ^2.) For gymuaatic and war-like sporW. For 
seven ceuturies it remnineii almost entirely open, and although subse- 
quently built upon to a certain extent, there was still ample space left 
for exercise and recreation. In the Comitia the citizens, when their 
votes were tsken, passed lata encloenreB termed Sfpt/i or Ooitin,' wliicli ' 
were, for a long period, temporary wooden erections ; but Julius Ciesar 
formed a plan for constructing marble Septa, which were to be sur- 
rounded by a lofty portico, with spacious apartments, the whole 
extending to nearly a mile in circumference.' This great work, which 
was only commenced by the dictator, was prosecutea by Lepidua, was 
completed and dedicated by Agrippa, and termerl Sepia lulia or Septa 
Agrippiana.' By Agrippa, also, was commenced a vast edifice, the 
DiribUorium, which was finished and dedicated by Augitatus about 
B.C. 8. It must have been in the immedhito ncigiibourhood of the 
Septa, since it was intended, as the 
name implies, as an office for distributing 
and counting the balloting tickets. 
Close to the Septa stood the ViUa . 
FuhUca, a building employed by the ' 
censors when numbering the people, by 
the conaols when holding levees, and 
by the Senate when receiving foreign 

ambassadors. We hear of its existence as early as B.C. 437, and it 
was rebuilt, or intended to be rebuilt, upon a magnificent scale in 
connection with the Septa Inlia.' A representation of this edifice is 
found on a denarius of the Gens Didia. 

In the Campus Martius, also, Agrippa, in his third consulship, 
B.C. 27, erected a magnificent teuifde, with public Thermae attached, 

■LIT. ILK 

> CnM. Fut! L M. Sart. id Vlig. EoL L «. Jut. & VL tt». 

•DiooCiw. Llli. SI. limprld. Al«. Sot. M. „ , . 

•Dloo Chu. LV, a Sdbl Clrail. IS. Plln. H.N. XVI, W. Sm HiuIhd In Bull. Cum.. 

^'^i^.'iy. n. XXX. si. xxxiil m. xxxiv. 4t. B^t lxxxviil vmio aa. iil a. 



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63 TOPOmAPST OF ROME. 

dedicated to Mbtb, Venus, Julius Cesar, and all the other deities of the 
Julian line, and hence named tlie raiiOieon.' Althongh repeatedij- 
damejred, it was always narefully repaired, and eiiatB almost entira at 
the present day, as the cbarch ot S. Maria ad Marlyivj. Recent 
exoavatious, however, have Bhowa that the existing rotunda of the 
Pantheon, although tlie porljco is inscribed with Agrippa's name 
(M. Agrippa L. f. cos. tertium. fecit) ia not his work, but a reconstrue- 
tiou from the verj foundationa made hj Hadrian, A.D. 1^0-124. 
Agrippa's building was altogether different in size, shapie, material, and 
orientation, and ita level was much lover. Between Agrippa's level and 
Hadrian's there are traces of another floor, paved with marble shibs, 
which may belong to the recoustructiou ot Domitian, A.D. 8^. At th& 
back ot the Pantheon, in the Via deUa FalninbeUa, there are exquisite 
remains of the Laconicum, excavated 1881, aud in the Via diUa CiamlicUa, 
others belougfing to the Tejnilarinm of the Baths. The Slagaum.Atjrippae 
is still represented by a depression called r,a Valle. This pond was 
lined on the north aide by a portico called Emnlm Boat, from a temple 
of the same god, the remains of which lie under the church ot S. Mai-ia 
j'i Moiiteitme. Lastly, among the great works with which Agrippa ' 
embellished this district, we may notice the Posei'tonion, otherwise 
called the Baiiticri Neptuni, which stood in the middle of a portico 
called Forllciu Argonauiamm, from the subject of the pictures with 
which it WHS ornamented.' The Neptunium was rebuilt by Hadrian. 
The eleven columns still visible in the Fiaxxa di Pielra, belong to the 
right or north peristyle of the temple. 

Heftrence.— Ju". CV""., 1876. p. lo. 

In order to leave the Campus open, as far as possible, the greater 
number of the structures whicli we have enumerated were grouped 
together at the end nearest the Prata Flaminia and the north side of the 
Capitoline. Hence, in the great fire wliicb took place in this quarter 
daring the reign of Titus, we tlnd the followiog buildings named 
amongst those which were altogetlier destroyed or seriously injured— 
Serapeum—Iseam — Sipla — Teuiplam Kfpliini — Thermae of Agrippa — 
Panlheum — Diribiloritan — Tliialriim Balbi — Scena PamjxH — Pvrltcus 
Octaviae {OK-mu/tu imiftutii) with the librHry. Hadrian undertook the 
rcconattuction of the quarter sweQjL by the fire, adding one ot two 
buildings of bis own design, like the templum Malidiae, the ruins of 
which exist under the Caia ikgli Or/ani. 

North of this quarter, which might be called of Agrippa and of 
Hadrian, there was one of the Antonines, and still turtUer, in the 
direction of tiie Porta Klaminia, another of Augustus. 

The group of the Antonines includea the Columna Cenleaaria divi 
Mard, from which the modern Piazza Cohnna ia named; the Colamna 
divi Pit, discovered A.D. 1703, under the Caaa della Misnoae, together 
with the Ustrlimm or crematory altar for the members of the family,* and 
the Templum divi Anlonini, which stood probably on the site of the 

1 Dkm Omk LIII. 17. Plln. H.H. XXXVI. U. AmmUo. UuedJ. XTI. 10. Hurob. S. 

'^ moa Cui. Lin. n. Itanul II. It. III. 3<t XI. L ^trtui. Hadilu. is. 



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TOPOaRAPHT OF BOHE. C8 

Palazzo Cbigi The CoIqidim CenteDaiU, like the one of Tnjui, ie 
covered with bu-reliefs represuDtiog the victories of M. AiireliuB over 
the Marcomanni. The column of Antoninus waa a plain pillar of red 
granite, the fTsgmsiita of which have been used In restoring the obelisk 
in the I'iaxsa di Monlecitoriu. The base of white marble, adorned with 



The group of Angustua inclnded the Maanoleam,^ built in 28 B.C., 
the shell of which still remaina near the church of S. Rocco. Ita 
propyiaeia were flanted by tii-o obeliaks, removed one by Sixtus V. to 
the IHazxa lietC Etqniliuo. the other bj Pius VII. to the Pimia del 
Quirinale. Between the Mausoleum and the Via Flamiuia, on the site 
of the roodera Piazza degli Otlo Catitoiii. wna the Uslriiiam, or Baatam, 
a square enclosed by a tnple marble wall, and shaded with poplars, in 
vhich the bodies of Auguatua and of his relatives and deacendanU were 
cremated. 

RereranBes.— Nlbhy: Itcma Antita. toI l^.p. Mn. HlnehrdJ: Dii SaiurHelmi Orai- 
uaitm Id Boms. Berlin, la»S, Butt com., imi, p. Ml. 

South of the Mansolenm whs the Am Pacts Augvstae, fragments of 
which were found in 1858 under the Palazzo Fiano. and the Uorologiwa, 
for which the obeliak now in the Piazza ili MonleciUirio aerred aa 
gnomon, the lines of hours being marked with brass rods on a marble 
floor. The Porticua ad Kalioma, another work of Angiistus, was near 
the modem Campo di Fiore (see p. Od). 



The centre of the Canipua Martina wos occupied by a group of 
buildings raised or restored by 8everuB Alexander — viz., by the 
Thtrmae Al(i:a»drianae (on the site of those of Nero) and by the 
SladiuM, now called Piazza ^'arinia. 

A remarkable discovery mode in 1887 in the Corm Vilturio Emmamidt 
near the Palazzo Cesarini, that of an altar surrounded by a triple 
enclosure of marble walla, and by n moat, has enabled the writer 
to determine the site of the Tarenlvm and of the Ara Dilis, where the 
Ludi Satciilarnt were celebrated. Three years later, on Sept. 20, 1690, 
the records of the games celebrated under Augustus in the year 17 B.C., 
and nnder Septimiua Sevcnia in 204 A.D. were discovered near the 
bank of the Tiber, by S. Giovanni dei Fioientiai. The marble pillars 
on which they are engraved are now preserved in the museum of the 
Batlii of Diocletian. 

BefSrencas. — UIUit. </I Etmlrdrlii, p. US. UommKa; Commmlariit Lsdotun 
SatCMl, Id EplMio. Eplgr., ISM, p. 3IS. 

The temple of /m and Strapig, mentioned above as destroyed or 
damaged in the fire of Titus, occupied an oblong apace between the 
modern churohea of S. MnciUo and of S. Slefaiw del Cacco, from N. to S., 
and between those of S. Ignaziu and La JUiiirri-a, from E. to W. There 
were tie Propyiaeia flankud by two or three pairs of'obelisks, » Dromot 



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TOPOGHAPHY OF mH£. 



lined irith excellent specimena of Egyptian art, a shrine built of blocks 
of red granite with painted bas-rebefa, which had been removed bodily 
from the valley of the Nile to that of the Tiber, Ac. 



The temple of Minerva, Campensis, dedicated by Pompey the Great as 
a memoriid of Bis military schievemcnta (tlic. H.N. VII. 26, 27), stood 
in the inner courtyard ot the Convent of La Minerva, and perished 
towards the end of the Rfteenth century. 

Tlie sites of the temples of lulurna, built by C. Lutatiua Catuliis,' 
of tiie Aides Lamm Permariinim, vowed by L. Aemilius Regillus in the 
navsl battle against the captains of Aiitiocfaus B.C. 190, and dedicated 
by M. Aemilius Lepidua when censor, B.C. 179,* are altogether un- . 
known. The site of the .imphilhtatrum Tauri, the first stone atructnre 
of its kind erected by Statilius Taurus in B.C. 45,* is identiUed by some 
touographers with the arljflcial mound of ^follle Giordmio. 

The section of the plain nortli of the Stadium and of the Ara DUit 
was mostly occupied hy stonecutters' aheds and studios of artists. 
There was a pier for landing columns and marbles (discovered in 1890 
under the foundations ot the Tealro Apollo), connected hy a causeway 
with the Crown otGces Raiioim Marmnrum (for the import and 
sale of transmarine marbles}, which stood near the modem church of 
S. ApolUnare. 

Ah in classic times, the Sacra Vin and the approaches to the Capilo- 
iium were the moat ambitious places for the erection of triumphal 
arches, so during the declining times of the empire the itpproaches to 
the Aelian bridge and the high road to St. Peter's Constantinian 
BasiHca were esgerly sought sfter for the ssme purpose. Thus we 
hear of an arch raised by Gratianus, Valcntinian, and Ineodosius oppo- 
aite the modern church of S. Cebo in Banchi. at the entrance to the 
Pons Ae!ius (Corpus Inaa: Lai. Vol. VI. a. 118i), of another bearing 
the names of Arcadius, Honorius, and Tbeodosius, at the entrance of 
the Pons Valicsnus or Neronianns, neai S. Giovanni de FicrentJui 
(Corpia n. 1196), and of a third dedicated to Valentinian and Valens, 
A.D. 367, at the entrance to the bridge of their name (the PoiiCe Sittii, see 
below). 

Refbronco.-Biill. »rch, com..lSS3.p. 1& 

Before crossing over to the Transtiberine district we must mention the 
monumeots erected in the plain between the Capitoline, the Palatine, 
the Aventine, and the left bank of the river, mostly connected with the 
Circiut Maxiima (the XI, regio of Augustus) and with the Forum 
liuarium. 

CIRCUS HAXIUUS. 

We have already stated that the hollow between the Palatine and the 
Aveutine was called ValUt Marcia,* or Ad Mureiae, or Ad JUtircim, 



L tm. Barring ad Fira. Aiuail. XSL 1». 

Microb. 1. la 

ii.LLas 



; LIT. XL (1 

i.'v'ilL «6. Vnno UL. V. {IN. U>. L S9. PUb. B.V. XV. M 



.'.OOglf 



TOPOOBAPHT OF BOME. 66 

nuDM derived from ku nltar of tbe goddess AfurcKi, who is reprcMiited 
«a idenUcal witii Venus. In tbia hollow the Cireat Maximiu was 
formed, tbe constmctioD and arrongeinent of which we shall describe 
more partictilsri/ hereafter, Accordiog to the Notitia, it could sccom- 
modste four hnndred and eighty-fiye thousand apectatora. The Carcerei 
opened at the north-west end. near tbe modern street of S, Sabitia, 
the ancient Vim* ad Duodecim Forlax. There are remains of tbe 
Opposite or semictrcnlar end b; ia Moletia, and there are records of a 
triumphal arch of Titna erected there in memory of his eonqaest of 
Jerusaleiii.i Nothing more is left standing of this gigantic stracture, 
and even tbe concavitj of tbe valley bas been made to disappear bj the 
erection of the ga»-icorkt at a much higher level. The t ' '- ' 



KeferenMi.— Uercxl^ ailOttlUehiilliama.lSU. Blohtar: TtpograjAtf, p. Ut. 
Within tbe Circus was the BubterrsDean altar of Consia, tbe god of 
•ecret counsel, which was uncovered onlj during the celebration of the 
games ; ' and in tbe immediate vicinity of the Circus were temples — of 
Sol* — of UercuTvu* — of Ctrei, Liher, and Libtra, generally called simply 
Aedu Ctrtrit* — of Vtnu*' — at Flora' — of SumBtama' — and of luvenki*.' 



FOSUIt BOAR I DM. 

The open space extending from the Circus to the rirer was Uie 
Forum Soarium or CBttle-market, in which was appropriately placed the 
famoas bronze ox, broagbt from Aegina." Immediately in front of the 
Circoa was the Ara Maiama, sacred to Hercules, said to have been 
reared either b; tbe hero himself, or b; Erander, in honour of hia 
illustrious guest," and adjoining t« it a alirine dedicated to the same 
deity." In addition to this, there were other temples of Hercules in 
thia neighbourhood, especially one of a circular form — Aedeii rotunda 
Acrculu," adjacent to wnich wasachapelofPui/ialui/'ajn'ria.'* In the 
Forum Boarioni were also temples of Fortana VirSit'^ and of Mater 
Malala " both of great antiquity; and, near the point where tbe Cloaca 
Maxima opened upon the river^ was the place called DoUola, so named, 
we are told, because, at the period when Home was taken by the Gauls, 
certain holy objects were buried hero in earthen jais (coitdila in doUolu), 

' Carytt Inter. Lai; toL VI. d. *M. B« ItilUuUv^ai, IBM, p. T. 

• VuTOI.1. VI. )». Tult Ann. ZIL H. FIbL Bom. It 6ht. id Vli*. <Bb. VIIL «M, 

• T«elL AiiB.II. 4». Vllnf. ULS. FUn. B.N. XXXV. 4. 

• uv. X. SI. XXIX. ST. 

I TidL Ann. II. W. 

'Ut. XXXIl, W. OtU. fm. Vt III. PllB. H.N. IXIX. (. 

• Uv. XXXVl. » XXL «. P11ilH,N. XXIX.4. 

••VirraliI.V.114«. Ut.XXI.S9. Pnpan. IV.Iil IB. Tuilt Ann. XII. M. FUn. RH. 
XXXIV. t. 
■■ Lit. 1. 1. PropaR. 
B TidL Ann, XV. *1 



«. X. n. XXXIV. T 



"Er^i 



u. xxxia n. Oru. rut vi. m. 



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IWOGRAPHT OF ROHE. 




TOPOOSAPBT OF SOME. 

rad hsnoe it wu conddned impious for any oae to -s^ upon t 
plaoe.* Lutij, the Forum Boarinta wm tiie pbtoe where, down to 
late period, hnmui ttcrifioee were occaaiODallj offered np.* 




<liT V to.iiioUiM'iiicanatIn VcrroLI. V, tlH. ' 

'Ut, xxA a. FiDt ifauwa i. «b. ««. inm. h.n. xxti :, 

V>lM,U 



68 TOPOQR&FHY OF ttOXX. 

B; a curiotu coinoideDce all the ediUcea just mentioned are left 
atwidjiig, or have been seen and described by emiaent topographen. 
The shape and extent of the Forum Boarimn, aa they were before the 
FoTTun was altered by modern conHtructiotiB, are exactly represented 
in Bnfalini's map of 1551. (See p. 66.) 

The Ara Maxima and the Aalf* rotunda HercvJa were discovered 
at the time of Siztoa IV. (U71-14ai) between the apse of S. M. in 
Coimedin and the Oipcas jftmniuf, together with numerous TOtire 
iuacrJptioDs, and with the coIosbbI statue of the god, of gilded metal, 
now in the Gapitoline Museum. 

Heferenoe,— D« Komi io Ann. idil, ibh, p. sb. 

The temple of MaUr Matitta, rebuilt of white marble in imperiid 
timee, is now dedicated to S. Slefaao delle Cottozm — that of Fortnna 
Virilii to S. Maria Eginaca. Both sre in good preservation. 

There were two arches (/orntcfs) on the bordera of the Fomm^one 
inscribed with the names of P. Lentulns Scipio and T. Quinctius 
Crtspinus (conanls B.C. 2), the other with the name of Augustus 
(Corpus Inscr. Lat vol VI. n, 138fi and 878). 

Af^BlHellBBa. TIcBB jBBBriaa. Tina Tbicbi. VrlakrnH Adjain- 

iofi: the Forum Boarium, towards the Capitoline, was the open area 
Mdled XegMuneiium, the two great thoroughfares coUod the View lugariut 
and the Victu Tuscw, and tiie district called the Vftabruni. 

The Aeqidmeliuia lay immediately under the Capitoline. The origin 
of the name cannot be determined. The Romans themselves imagined 
that it marked the site of the house of Sp. Melius, which was razed to 
the ground B.C. 489.' 

The Vicug lugarius, so named from an altar of /una Iiiga ' or matri- 
monial luno, ran under the cliffs of the Capitoline from the Porta 
CarmentaUs to the Foram, which it entered at the west comer of (lie 
BatUica lalia near the Laciu Serviliui. 

The Vicus Tiacm was named from the Tuscans, who, under their 
leader, Coetios Vibeona, at first formed a settlement on the Mona 
Coelins, and afterwards established themselves in this neighbourhood.* 
It ran between the Capitoline and the Palatine, connecting the Forum, 
which it entered between the Basilica Julia and the temple of Castor, 
with the Circus Maximus.* Near the south comer of the Basilica 
stood a statue of Vertumtivs, the pedestal of which was discovered, 
June, 1649. See Corpus Inscr. Lat. vol. VI. n. 204. 

The space between the Viair Tiacut and the Forum Boaritim was the 
Velahrvm, which the Bomans derived from Velum, because it was 
originally a swampy lake, over which boats sailed ;' but having been 
drained by the Cloaca Maxima and its branches, became one of the 
chief marts for provisions of every kind.' The boundaiy line between 
the Velabrum and the Fortm Boarium seems to be marked by two 
___> VuiD L.L. V, t ItT. LIT. IT. U. XXXVUL VL OM pro dom. (S. Tul. Ku. VL 

Propert. IV. U, W 

•^unL.LT.'f M. Tlbnll. IL T. M. OtIiL Fut Tt Ml. Propwt IV. li. 1. FliL 
• Pint. Capl. in. 1. W. £or, B. IL UL n». 



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TOPaOBAPHT OF SOUS. 



by Google 



70 TWOGBAPHY OV ROME. 

monamenta still estaot, the one termed Arcia Argertlariorum, becanse 
the inBcriptioD aete forth tliat it was erected in honour of Septuniua 
SeTeros, his empress Julia, and hia bods, hj the AsaENTABii et 
NEO0TiAHT£9 BOARH HuiL's LOCI;' the Other a mwine double arohwaf 
of Greek muble, commooly koowD as larnis Q^tcdrifroJia. It BeemB to 
date from Cons tan tine' a time ; and must probablj be identified with the 
ArcuM dim Coitstanliai mentioned by the Notitift in the XI. regio. 

THE TRAHM1BBBIHE DBTRKTT. 

Although the Jauicolum waa not inclnded within the limits of the 
city, yet, since the ridge, wUcfa lisee to the height of nearly SOO feet 
above the sea, and 267 above the Hber, wonld, to a great extent, 
commuid the cil^, the expediency, and indeed the necessity, of 
fortifying it, must at a very early period have been forced upon the 
attention of the Romans. Accordingly, both Liyy and DionysiuB agree 
in asserting that, in the time of Ancus, a military fort was established 
on its summit, and a communication with it was secured by means of a 
wooden bridge. There are also vague acccunta of a double line of 
walls connecting the detached fort with the city proper, but no (face of 
them has yet heen found. The wide plain between the right bank of 
the river (called the ripa veientana in an inscription discovered in 18H7 
near la Farnesina) and the foot of the ridge must have been built upon 
to a considerable extent before the end of the republic, since it formed 
the Regio TraiisCiberina, the foarteenth of the Augustan divisions. It 
seems to hare been inhabited by persona of the humblest grade, among 
whom we find particalar reference to tanners, Jews, and fishermen." 
By the latterj doubtless, the Pucatorii Ludi were here celebrated. We 
hear of no sacred localities except a temple of Fors Ftirluna,* a Luau 
Farinae,* and the FonCii Arae, neat which was the grave of Numa.' 

The temple of the Fors Fortuna stood within the gardens of Ciesar, 
on the road to the Portm Augjuti (via PortuensiB) and near the river. 
Ovid, Fast. VI. 772-784, descrihes the popular gatherings t-o which tlie 
feast of the goddess gave occasion on June 24. Its foundationa were 
discovered in 1857 near the church of the Madonna del Riposo. 

The Luaa Fuiinat ia placed by Caniua near the church of Satili 
QaaraJila, where an inscription (Gruter. IX. n. S), dedicated Genio 
Forinaram, wsa discovered m liie aixteentli century. The altar of F'oru 
or Fonltm, the sob of lairaa, wu in the field of L. Petillius, sub lanicvh 
as Livy saya (XL. 29). Here, in B.C. 181, two stone coi^B were 
found, one of which contained the corpse of Numa, the other his 
writings (?). 

The gardcoB of Comt, bequeathed by the dictator to the Roman 
people,' b^pn with the modem Tilla Sciacrs, near the Porta S. 

• Carpal Inter. IM. mL VL n, 10B9. 

•F»l «,T. «i«i*Br*(Bdi. nilO, Ma Ortd. PUL VI. n7. Jn*. a XIV. WJ. lUrtU 



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TOFOGRAPHT OF BOMB. 71 

Paocrazio, and extended on tlie plateau and on tbe slopes of the 
lauiculum as far as the Strada di Monte Verde, a distance of nearly a 
Biile. Numberless worka of art have been fonnd from time to tiiua 
among its raios. 

The Naumachia Augvtti took origin from a tanporary Uke, made b; 
Cieaar bj deepening the marah; holloir called Codela (from the plant with 
which it abounded'). Id this lake he exhibited the naval fight between the 
Egyptian and Tynan fleeta, described by SnetoninB, Cae«. 39. Augnatoa 
trangfomed the temporary pond into a naumachia,' BUiroanded by 
steps, and oral in ahape like an amphitheatre. The oval measured 
1,800 feet in length. 1,300 feet in width. It was fed by a special 
aqaednet, Uie aqua abUtma,* and shaded by a grova (udled the Nenaa 

The Coriaria Septimiana were large tanneries belonnng to a powerful 
coiporatioa endowed with privileges and suitable offices and meeting- 
halls bySeptimioe Sevems and Caracalla. Aft«r the fall of the Empire 
the tanners migrated to the Campus Martina, where the district between 
the Torre di Nona and the church of 8. ApoUinare was named from 
them la Scoriecchiaria. Towards the beginning of the XVi. century 
they moved once more to the Via di S. Bartolomeo, named likewise from 
them, dei Vacctnari. The Vaeciuari still exist and flourish in their 
trade, but they were expelled from the city in 1883. They haunt at 
present the suburbs of Porta S. Paolo. 

The Tranetiberine quarter was under the care of the VIL cohors of 
policemen. The site of their barracks is not known, although the 
name of the church of S. Salvatore in Carte (near the Pons Aemilius) 
aeenu to have been derived from them. An eteubiioriuiH or out-port 
of the same cohors was discovered in 1667 opposite the chnrch of 
S. UriBogono. It rnnks among the most iotereatin^ monoments of the 
ancient city, on account of the Graffiti which cover its walls. 
Referenoe.— CorfKi ibkt. ia*. ml vl, p. 7*8. 

iMBia TiheriBB — We have already stated in what manner the 
Komans believed this island, sometimes called Inter duot ponla, to have 
been formed.' It was at all times looked upon as holy, and appropriated 
to aacied buildings. The first temple erected was Uiat of jEsctUapiat, 
whOM statue was brought to Rome from Epidaurns in B.C. 291, in 
eoDsequence of a pestilence which had afflicted the city' — there waa 
also a temple of lupiter, dedicated B.C. 194' — of Faumu, dedicated 
B.C. 196'— of Semo SaitcTa, otherwise called Deu» Fidiw'-^nd of the 
sod Tiberiniu." In the middle ages this island was named Intula 
Lyeaonia, and is now known as the Tiola. di S. Bartohtneo, from a chnnih 
dedicated to that saint 

I PuL Dlu. KT. CMtIa, p. M. Bnel. Cm 39. Dion Cua, XLIU. a 

' Kenum. Adctt. BUL BUt. rV. Ii, e. wMeh Ham to bi oonlniUelad bj TmUa* (AmL 
XlLH.)irb(>UTi "cliTltianin." 

'ProDl.dau). D II. n. 

' MoDBm. Adbtt. Sdsi, OoMt. U. wmn. T»lt Ana. ZEV. U. Dbm Ch«. LXt ID. 
UVI.M. 

»Ur. ir. 0. Dionr^v. m. pimPopLs. Mmtod, a. il ii 

■LIT. Ep[i. XL OTld. Udt ZV. TK. THi L 3«l. Val Hu. L ML 1 PUn. a,lf. 



. EuHb. H.E. 11. l: 



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72 TOPOGRAPBT OF ROME. 

The iakud was in the shape of % ship, lueaauriTig 660 feet from the 
prow to the stem. It wsa baJIt entire); of travertine, vbile an 
Egyptian obeliak of red granite stood like a mainmast ia the middle of 
the deck. Portion of the starboard, with the bust of ^sculap as the 
ship's emblem, can still be seen Doder the gardea of the convent of 
B. Bartoloueo. 



Ship o[ Xmi^piai. 

The altar of Stnio Sancua, the same one seen and described by 
St. Justin the Apologist (ch. 2G). was discovered iu Jul;, 1574. The 
temples of Inpiter, Faunns, and £scukp have altogether disappeared. 

The walls of Aurelian enclose but a small portion of the XIV. region 
of Aagustns, that which was covered with bouses and thickly inhabited. 
The rest, laid out in gardens and poblic parks, was left undefended. 
Leo IV., after tlie Saracenic invasion of A.D. 8J6, fortified the Vatican 
district (the Bnrgh, or Borgo) and Paul IV. and Urban VIII. Bur- 
roanded the whole district widi modern fortifications. 

The north section of the laniculum, between the Porta Aurelia and 
the Vatican, was occupied by the ll<irti Gclae, a crown part laid out 
by the DnfortD Date younger son of Septimlus Severus (Spart, Sever. 19). 
Another splendid villa occupied the site of the modem Farnesina, on 
the bank of the Tiber. It was discovered in 1879. The waUs of the 
palace were covered with exoelle'nt frescoes (now exhibited in the 
museum in the Baths of Diocletian). Between this villa and the Porta 
Septiiniana there were eitensive crown warehouses for the storage of 
wine, named Cellae Vi«ariae Nnva et Ammtiana ; and lastly, adjoining 
Aureliau's wall, a mausoleum of C. Sulpicius Pktorinua, filled with 
worka of art and inscriptions of historical iuterest All these monu- 
nenta have been described and iilustrnted by the writer in vol. 1680 of 
the Nolizie degli Scavi (plates I.-III.) 

The name of Mms Vati'cnn'a belongs properly to the chain of htlla 
now called Miinte Mario, and that of Ager Viiiicanas to the modem Pratt 
di Caslello. The spur whielv the Basilica of S. Peter and the palace of 
the Popes have rendered the most remarkable site of the present city, 
has been separated from the main ridpe only in historical times by the 
incessant quarrying of clay (creta iigulina) for the use of brick-kilns. 



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TOPOOIUFHt OF BOXE. 7S 

The yaHej tbttln/enm, vhich mos between the spur and tbe ridge, is 
tbos moeti^ the work of man. 

The Vatic&D diatiict wm never bnilt apoD eitcneivelj, the insalabrity 
of the air being notoriooa,' and the soil not reiDarkable for fertility.* 
It was chiefly bid out in gardenB, among which the moat remarkable 
wen the Horti Agrippinae and the Horti Domiliac, both being united to 
form the HorH Keronu.* The chief edifices were— the Gaianum, a oircae 
built by Gaitu Caligula, to which belongs the obelisk now in front of 
S. Peter's; the PhrygiaHum, one of the centres of the supcrstitiODs 
worship of Cybele (JMn^no mater) and of Atya ; the Mfla, a tomb of pyra- 
midal thape, destroyed by Pope Alexander YI. {circa 1600); the 
CiroM (j/ Hodrion, described by Procopins Goth. ii. 6, discovered and 
boned over iu 1743 in the Prati di Caslello; nnd lastly, the MoRsoUemn 
of Hadrian. This migniflcent structnre was begun by the artist 
Emperor towards the end of hie life (there waa no more room for burial 
in Augustus' mausoleum), and flniahed by Antoninua Fins.* Long 
before the time of Frocopius it had been turned into a fortress, or 
tete-de-pont, called Hadrianivm. It is still used for the same purpose. 

ReIM<«neei.-?or ths artquinii-Uioisnli p. mi Olr floiM, p. IM. For itas P\ry- 

Bomuwdl Arthw'lo^i," tqi'i!' FDrlliO jfn.«(»«ii-NiMpTi Roma mlira. toI, II. r. iSi; 
Carrma Inier IaIIo'qI. VL n. BSt-SSJ-Hlmhlfld; Dii KaiitrSlr^n Orsbudirn (SltzunK- 
berlcble d, Borllnsr Akid., ISSS, p. lUSl-Boi^ttli Caarl 3. Atgila, BOIU, ISSU-Ngllzls 
Se«T), IBSa, pp. Ml, 41J. Bull. arch, com., ISM. p. H, plmia I. 

Before conoluding our sketch of Roman topography, we must saj a 
few words upon three topics intimately connected with the subject. 

1. The bridges {pontes) by which a commuDication was established 
with the right bank of the Tiber. 

2. The great highways {viae piibUcae s. mililarm) which branched off 
from Rome in different directions. 

8. The aqoedacts {aqaaeductus) by which the city was supplied with 



From the accounts left by ancient writers, i 
remuns, it seems that only four bridges w 

the republic, namely : — 

1. p«Bi sskiiciti*.—Bf far tbe most ancient and the most celebrated 
built, as we are Assured, by Ancns Alartius when he established a 
fortified post on the Janiculum.' It was formed, as tbe name implies, 
of timber; and both in the original structure, and in those by which it 
was from time to time replaced, not only tbe frame-work but all the 
bolts, bracings, and fastenings of every description, were made of wood 
exclusively, This system was adopted and maintained in consequence 
of certain superalitioos feelings against the use of iron, a metal not 

I TulL HM. IL as. 

tcle-daliK. Mr. II. at. UvUal. VI. »?. X. 4.^ 

• OulUilla. Aniim. Pisa. D. 8. Spurilu. Hudr. IS. Dioa Cui. LXIX C; 11. Proonp. 



. DlOnn. Ill- U. IX. BS. FluL 



. ,i,z<,i:,., Google 



74 TOPOGUPar of rome. 

known to the RomanB dt the time of the first constructioD ot tlie 

bridge.' Tbe repairs and renewola were sIwSiyB executed with a due 
fttCentioB to ceremoni&l obaervances, and the verj term Fontifix ma 
believed by the RamaiiB to have been derived from the duties of super- 
intendeDce imposed upon the highest class of priests on sach occaaioas.' 
That the Vooa Sublicius not merely retained its primitiva appellatioD, 
but was actnallj formed of wood in the first century of tbe empire 
is proved by tbe words of Pliny;' and the name was still current in 
the reign of Antoninus Pius.* The position of tbe bridge has given 
rise to much controversy ; but when we remember the purpose for 
wbich it was, in the first instance, constructed, we can aoarcel; doubt 
that it abutted upou the Forum Boariam, and that it most have crosaed 
the river a little above the modern porto di Ripa graiule. In this part of 
the river the foundations of the piers were distinctly visible at low 
water; they were blown op in 1877 to improve the haiboui accom- 
uiodation. 

RererSDee.— BlDhtB': iMt S^ifriiii; d« /oniciilm, Btrils, ISSL 
3. rHB AiMill w •. Paa* EavMI, commenced by the eenson H. 

Pulvius Kobilior and M. Aemilius Lepidus, B.C. 179 ; but not com- 
pleted until nearly forty years after- 
wards, in the censorship of P. Scipio 
, Africanus and L. Mummius, B.C. 
'2.' It connected the Forum 
lariom with tbe opposite bank, and 
.s the principal means of commimi- 
between Rome and tbe dis- 
of lower or maritime Etruria. 
The representation of an equestrian statue, standing upon three arches 
with the legend M. Aemimo Lep., as seen on a denarius, of which a cat 
is anneicd, may perhaps be intended to commemorate this work. 

Being the first permanent structure of its kind in Rome, it was also 
called the Ports lapidcas, or " the bridge of stone." In middle ages its 
name was changed into that of Santa Maria. It was partly carried 
away by inundations in the thirteen and sixteenth centuries, ami largely 
restored by Gr^ory XIII. in 1575. The bridge feU again m 1598, and 
baa been ever since known as the ponCe Rutlo. There is but one arch 
left now in mid-stream. 

3. paaa Fabrlclaa. 4. P*bi CaailKi. — A Stoue bridge connecting 
th« Pnta Flaminia with the Insula, and corresponding to the modem 
fonle QuaCtro Capi, was built, B.C. 62,» by L. Fabricius, who was at 
that time, aa we learn from an inscription, inspector of public highways 
(curator viamm), and from him it received its name. 

The bridge which connected the island witb the right bank, now 
potUe S. Bartolimto, is believed to be the Foiia Ctsliaa ot the Notitia 
and mediaeval writers. The inscription, still legible, designates it as 
1 Luiduil, ^fiejd' nomi, p. 41, 
• ^uTklT. XXkv L IS.KHDp. T^cit Hill I. 86. Seaea. de Tit. boat J» 




• DUn CUL XXXVII. 4i 



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TtVOGUPHT OF BOHZ. 

restoral 
still exina in iia original BUte ; 
in 1690. 

Refepaneas.— CbrTW Jntrr. IMn, Vt B. IMtl (far itas P. Ftbrioltu) ; i. lITfi, IITB (Tor 
tha P. 0«iiii*|. 

To the Notitia we are indebted for the names of fonr other bridges. 

5. !•••• AtMmm, now ponle S. Angela, built by Hadrian ' to connect 
faia mansoleuni with the Campne Martiua. In the middle ages it was 
covered with shopa, which contracted the passage to aach an extent 
that 200 people were snffocated in it in the Jubilee of 14fi0. Clement 
VII., in 1530, and Clement IX., in 1668, adorned it with atatnes and 
parapets. In 1892 the bridge was lengthened at each end, so as to 
connect it with the new embankment. Many important discoveries 
were made on this occasion, throwing much light on the structure of 
the bridge itself and of the mansoleum. Thej are minutely described 
in the yatiae degUicavi, 1898, pp. 231, 412, and in the BuU. arch, com., 
189S, p. 14, plate I. 

The accompanying iUostiation from aphofflgraph, taken in Nov., 1892, 
shows the ascent to the bridge from the aide of the Campus Martius, 
the existence of which, so far inland, was not known. It has been 
destroyed aince. 

6. '■■■ TaieBitotaBi, now ponle Sitlo, so called from its having been 
rebuilt between 366 and 367 by L. Aurelius Avianina Symmachus, 
under the nle of Valentiniaa and Yalens. Its origin is not known : 
some identify it with the Pohs Aunliua, others with the Pons Probi. and 
with the Pont Anlonivi.' It was most magnificently decorated with a 
triumphal arch and a double row of bronze statoes. 

Bafbnneas.— fiirii. c«i>..iBTB,p,»4i. Splia*. gpigr.iV.^.Kt. HiKiMi., 1893, p. ng. 

7. raiH Acrippae,— Its existence whs firat revealed in 1887 by the 
discovery of an inscription which describes how the river commis- 
aionera, nnder Claudios, had surveyed the ripa publiea from the 
Tyigariiaa to the bridge of Agrippa. The remains of the stmotnro 
itsuf were discovered, in 1888. some 300 feet above the Foate Sisto. 

BafsrmieM.— Jrxi^ •"?» m". Aug. iKi. Bull. AnA. Cd«., leea, p. si. 

8. At the bend of the river, between the chnrch of S. Giovanni del 
JFj4)renimi and the hospital of S. Spirilo, there are remains of an eighth 
bridge, not named in any classical anthor, but called by modern 
topngiaph-ers Valicania, JVeroniontu, or Triwnphalis. 

9. Pbbs ntlvlB*, now Fonts MoUe, high up the river, beyond the 
cirenit even of Aurelian'e walls. It is celebrated in history as the scene 
of the decisive victory gained by Conatantine the Great over the usuiper 
Haxentius. It must be contemporary with the opening of the Via 
Flaminia. Besides the above named bridges there were several ferries 
{trajeetUM) between the various posttralae of the walls of Aurelian and 
the opposite banks. Some of theae ferriea have been in existence up 
to 1880. 

■ Sparttao. HidrteD. IS Carpal Ziurr. Lai. TL n. 073. 



'.OOglf 



TOPOGBAPHT 07 B 



Although roads coDnecting Rome with the nnroeronB cities of LatiDU), 
by which, io ancient times, it wbb on all aides sarrounded, most hnre 
eziatedfromthe very fonodation of the city, these were, in sU probability, 
mere tracka employed by foot travellerH and cattle, impassable by wheel 
carriages or even by beasts of burden dnrlog the lainy season. It was 
not until the Romans hod engaged in comparatively diataot wars, with 
the SamniCes and Italiote Greeks, that tte necensity of keepiog up 
regular and secure commuoicatiou with their Bnuiea became imperative ; 
and accordingly, about the middle of the fifth century they appear to 
have commenced, upon a large scale, the conatruction of those great 
military roads (viae miUlarfi) wbich have proved some of the most 
dorable monumeuta of their greatneaa. Radiating from Rome as a 
centre and extending on all sides, so as to keep pace with the rapid 
progress of the Roman conquests, they eventually reached to the moat 
remote extremities of the empire, throwing out innumerable subudiary 
branches, which served either to connect the great trunk lines, or to 
open up diatricta which would otherwise have proved inaccessible. 
Milestones (miiliaria) were erected regularly alone their whole course, 
marUng the distance from the gate at which tney issued from the 
metropolis; and when the apace between the towns and Tillages was 
great, resting places or post-houses (maiaionesy were built at moderate 
distances, where travellers might repose; and under the empire relays 
of horses were kept here for the service of the public counera. The 
extraordinary durability which charac(«rised these roads is proved by 
the fact that portions of them still exist entire both in Italy and other 
countries, and are still available for ordinary purposes, although they 
have undergone no rep^ for many centuries. Itie technical phrases 
employed to express the making of a road are steritere viam or mvnire 
vianL, and the ongiu of the latter expression will he diatinctiy understood 
when we explain the nature of the operations performed.' Two ditches 
were dug, marking the limita of the road upon each aide, the breadth 
varying From 11 to 15 feet The whole of the loose earth was then 
removed from the surface, and excavation was continued until the rock 
or solid subsoil was reached, or, when the ground was swampy, pilea 
were driven to secure a firm foundation. Upon the unyielding surfaco 
thus obtained (^remiuni) were laid — 1. A stratum of large stonea 
(statamen), 2. A stratum, nine inches thick, of amaller stonea cemented 
with lime (pidiii). S. A stratum, six inches thick, of still smaller stonea, 
fragments of brick, pieces of broken pottery, and such like materials, 
this couiae also being bound together by cement, and the top made flat 
and smooth, i. Lastly, on the top oE all were laid large flat blocks of 
the hardest stone which could be procured (siUx), irregidar in shape, but 
fitted and adjusted to eacli other with the greatest nicety, so as to 
present a perfectly smooth surface without gaps or interstices. Tbis 
mass of building, for as such it must be regarded, being in fact a strong 



kt 8. IV. u 



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TOFOOBAPUT' OF RO»E. 77 

wall, two «nd B-balf or three feet thick, laid flat on the ground, was 
' slightlj nieed in the centre eo as to allow the WAter to run off. The 
elwonte process just described was employed for the great tborou^b- 
farM, the crosa-roads and those on which the traffic was light having 
onlj the under course of large stones or the statumen, with a coating id 
gravel thrown over. Hence the distinction iadtcated in the classical 
writers b^ the phrases mhee sUnert and glarea stemxre. 

There is but ont fragment left of a real classic Roman silei pavement ; 
it can be seen at the foot of the portico of the temple of Saturn, between 
it and the CUvnt eapitoKma. Such bits of perfect pavement are less 
nre in the Campagna. A beautifnUj preserved network of country 
roads can be seen in the Farm of Tor Carhoou, on the right side of the 
Tia Appia, a little above the modern Fartt Applo. 

Although a descripUon of the Roman roads and the course which 
they followed, belongs properly to a work upon geography, we may 
here notice very briefly a tew of the most important :— 

1. The Via Appia, the Queen of roads (Eegina Vianmi) as it is 
termed by Statins, was commenced by Appius Claudius Caecus when 
censor, B.C. 312. It issued from the Porta Capena and ran through 
Aricia, Tarracina, Fundi, and Formiae to Capua, from whence it was 



2. The Via Latina, issuing also from the Porta Capenn, ran parallel to 
the former, but farmer inland, and after passing through Feren(innm, 
Aquinnm, Cuinum, and Venafrum, joined the Via Appia at Benerentum. 

Reftranoes.— FoniiiuU: Mailaiun3Ullcarldtlla<etaLalitia,Ri>aM.laS9. TomuKtU: 
Via LaHna, Boma, Lowiher. IBS). 

3. The Via Praeneilina e, Gabina, issuing from the Porta Esquilina, 
mu straight through Gabii to Praenestc. The Labicana led from the 
same gate to LAbicum. 

4. 6. The Via Collatina, leading to CoUatia, and the Via Tibiirilna, 
leading to Tibur, must have both branched off from the Porta Esquilina. 
The latter, after reaching its destination, sent off a branch, t$e Via 
SublaceiiM, to Sablaqueum, while the main line was continued northward, 
under the name of the Via Valeria, and passing through Corfinium, 
extended to Adria on the Upper Sea. 

6. 7. The Via NomeiiUma and the Via Solaria Nova, divei^ed from 
tliB Porta Collina : the former, after passing through Nomentum, fell 
into the latter, which, passing through Fidente, 'ran north and east 
through the Sabine coantiy, and passing Reate and Ascnlum, reached 
the Adriatic by the moutJi of the Tronto. 

8. The Via Solaria Vttut issued from the Porta Pinciana and fell 
into the Nova, about one mile from the gate. 

9. The Via Flamima, which issued from the Porta Rstumena, 
Dm nortb, tiirongh Namia, and sending ont nnmeroua branches ta 



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78 TOPOGR&PHT OF ROUE. 

Ancona, Arimitinm, &nd other important towns on the eut coait, 
formed the main line of communication with tlid TOlley of the Po, and 
so with tbeprotrincea beyond the Alpa. 

10. 11. The Via Chdia, branching off from the Via Flaminia, near 
the Ponte Slolle. and throwing off a branch called the Via Caitia, 
traversed central Etruria. 

13. The Via Aimlia followed the line of the coagt northward, along 
the Etrurian shore, and pasHiag tliroDgh Grenna, extended as far as 
Fomm Jolii in Gaul 

IS. The Via Ogtieimg, iaauing from the Porta Triffemino, followed the 
conrse of the Tiber, on the left bank, to the port of Oatia. 

14. The Via Severiana ran along the coast of the Thjirheiiian from 
Ostia to Lanuvium, Antium, Aatura, &c. 

15. The T% PBrtuemii originated, properly speaking, from the Pons 
Aemilins ; it skirted the gardens of Cte«ar, and led to Porto over the 
hills of Moateverde. 

16. The Via Campana branched off from the Portaensis at the second 
milestone, and psssmg through the Sacied Grrove of the Arralee and the 
FUndas Manliantu (La Magliana), led to Porto, following the bank of 
the river. 

17. The Via Cometia originated from the bridge of Sero, and led to 
the woodlands between the Anrelia and the Clodia, skirting the circus 
of CaJ^rnla. 

18. The Via TViuniphalii crossea thct Vaticaji ridge (Uonte Mario) 
and &Us into the Clodia at La Giuitimana. 



Among all the wonderful undertakinga of the Romans, none present 
more striking evidence of their enterprise, energy, and skill, and of 
their indifference to toil and expense when any great public benefit 
was to be gained, tbsn the works commenced at an early period and 
extended through many saccessive centuries, in order to provide an 
abundant supply of pure water for all parts of the meCropoliB. Copious 
atreains were conducted from great distances, despite of the obstacles 
presented by monntains, valleys, and low-lying level plsins, sometimes 
roshing along in vast subterranean tunnels, at other times supported 
upon long nogea of lofty arches, the remains of which, stretching for 
miles in all directions, may be still seen spanning the waste oT the 
Campagns. The stupendous character of these monuments fully 
JDstines tiie admiration expressed by the elder Pliny (H.N. XXXVI. 15). 
Quod n qidt diUgentiut aetlimavrrit aquarum abundaiitiam in publico, 
Iialinei3, pigcinii, doirdbut, euripii, horlii gabarbanis, viSil. ^latioque 
advenienlit exutrvctoi arcut, nwnta per/otaoif canvalkt aeqaalat, Jitiebitur 
jiihU magii mirandum fvitK in loto orie fermrum. The Aoman Aquae- 
dvclna, then, were artificial cbsnnels (mualei ulruetO/O) formed of atone 
or brick, like sewers in our Urge towns, and were arched over in order 
to keep the water cool and free from impurity (eosfiie ttmeturae eonfomi- 
cenlur lU nmime lol aqaam tangat) ; the circolation of a tree enrrent of 



TCffOORAPHT OF HOME. 7» 

air in the interior being aecnred by immeroiiH maaW aptrtures or eyea 
(Itomno) in the arched coTering. The bottom of the channel, which 
woe coated with a sort of cement or stncco, descended with a gradoal 
dope or fall (iiAnunmfun! — -/cuiigivm — tibramenttiJit fasiigiatjim) from ths 
pomt wbenoe the water waa derived (unde aipia eoudpitmr) until it 
rcaofaed its destination. In order to lay out the cooree of a channel 
of this natore, a knowledge of the art of levelling (ars librandi) was 
essential ; and ViMiTine (VIII. 6} gives a minnte account of tbe 
inatruroenta beet adapted for this pnrpoae. Tbe amount of fall which 
he recommenda iB not tees than six iuclieB in everj hundred feet {solum 
rwHibromenta habeal /asligiala ne minua in rentenos pedes lemipede) ; bnt 
the ancients do not seem to have adhered strictly to any rule upon this 
point, although the long circnitous sweeps by which the water was 
freqnently condnoted, proves that they were fully alive to the import- 
ance of making the fall moderate and equable. When circumalanoeB 



permitted, the water, in its aovered channel, was •arried along tbe 
surface of the ground, resting on a base of masonry {sulislrui:tiniiibu«)\ 
when the inequalities of the surface were such as to render this im- 
possible, it ran under ground {siihUrmneo rivn); when hills interposed, 
it flowed through them in. tunnels (^ipecv meraa — canicutis per monfeni 
adit), which were ventilated by eyes or air holes (lununa) plaoed at 
interVals of 340 feet. If the tunnel (specus) was driven through solid 
rook, then the rook itself served as the channel, but if through earth or 
Band, it wu lined with walls and archod ova; (parietei cum oaatra m 
ipecu ttnutnttir). When valleys, or plains below the level, were to b» 



80 TOPOaSAPHT OF EOME. 

crossed, the channel was supported on arches (open arcaato—crcua- 
timiSnu—fonticibta Wruciis). When the stream (riwiu) was approaching 
its destination, or at some other convenient point in iU course, it was, 
in man; (tases, allowed to enter large open ponds {eontenCae piscinae), 
where it reposed, as it were (quaii rapiranle rivonim curra), and deposited 
the mud and other impurities hy which it was contaminated. Hence, 
these receptacles (conceplelae) were termed piscinae Umariae. Issuing 
from this piscina, the stream continued its course as before, in a cOTered 
chaoDsl, and on reaching tlie highest level in that part of the city to 



which it was condncted, it was recraved into a great reservoir, called 
cailelban or dividiculum, from which it was drawn off through pipes of 
lead {Jiihdae pbtmbeae) or of earthen ware (laJA fctUei) into a number 
of smaller castella in different districts, from which it was again drawn 
«S {erogdbatur) Ut supply cisterns of private houses (catteUa privata 
>. domatica'), the open tai^ or basins in the streets {lacim), the spouting 
fountains (^talienia), and public and private establishments of eveiy 
deacriptjon. 



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Out chief iDrormation on the aqueducts which aopplied Rome is 
derived from the tre&tlae De Aquofdactibus UrUs RomtK Libri 11., com- 

Sosed by Frontiniu, who held the office of Curator Aquaram under 
lerva, A.D. 97 ; and & few additional particulars maj be gleaned from 
Plioy' and VitniTius.* Of modem treatUes, the moat complete is th&t 
of Fabretti De Aquin et Aquaeductihun Vetera Romae, Rome, 1680. See 
also Alberto Cusio : dtl eorno dclle Acque, Rome, 1756. Fea : Storja 
dclle acq«e, Rome, 1812. Lanciaai; / etymentarii di Frontiao inlomo U 
acqm e gli aijuedotli, Rome, 1880. Marchetti : Salle acque di Roma antiche 
« modenie. Rome, 1887. 

Taking FrontiiiUB as our guide, wa aball taj a few words with regard 
to the Dine aqueducts which existed when he wrote, Doticing them in 
cbroDological order. 

The Decessity of obtaining a better supply or water for the city than 
coold be procured from the Tiber or from wells, seema to have been 
first strongly felt about the middle of tho fifth century, and accordingly 
the— 

1. A^aa Appia, wM introduced (perdvcla eit) by Appius Claudius 
Caecus, when censor, B.C. 312. It was derived (eonmila eit) from a 
point about three -fourths of a mile to the left of the Via Fraencstina, 
between the seventh and eighth mileatone from Rome. The length of 
the artificial channel f^'lvrias), which ended at the Sdlinoe ne&r the 
Porta 2'rigemiiia, was a little more than eleven (Roman) miles, the 
whole being under ground, with the exception of 1(XJ yards at the 
termination, between the Porla Capena and the Clii-iu Fubliciui, The 

r!UB of the Appia has been seen twice ; in 1675 by Fabretti in 
vigna Santori on the Aventine, and in 1868 by Parker at the bottom 
of the tufa quarries of S. Saba. 

2. AbI* Tmu. — The scheme for introducing this supply from the 
river Anio was formed hy M'. CInrins Dentatus, who was censor along 
wit^ L. Papirius Cursor, B.C. '272 ; and it was proposed to defray the 
coat from the spoils taken in the war with Pyrrnns. The undertaking 
was not broDght to a conclusion until B.C. Si64; two commissioners 
having beeu appointed specially by the Senate. TIm works commenced 
beyond Tibor, at the foot of the rocks of S. Coeimato, and the total 
length of tiie artificial channel was about forty-fonr miles, entirely 
under ground, with the exception of three-fourths of a mile on sub- 
atructions. It entered the city at the Porla Maggiore, where some 
fragments of ila o/iiw areuatum were seen and described by Piranesi. 

S. A««a nareia, introduced by Q. MarciuH Rei, when praetor, B.C. 
144, in accordance with a resolution of the Senate ^PUn. H.N. XXXI. 3). 
The works commenced at a point three miles to tJie right of the thirty- 
third milestone, on the Via Valeria; and the total length of the channel 
was upwards of forty-one miles, of which about half a mile was OD 
substructions, nearly seven miles (according to Fliny, nine miles) on 
arches, and the remainder under ground. It entered the city near tho 
above-named gate at so high a level that it gave a supply to the summit 
of the Capitoline. Augustus, or rather Agrippa, formed a conneotioa 
1 FUo. ntr. TixxL 1. 



a. viiL «. T. 



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62 TOPOOHAFHT OP BOVB. 

Titli anoUier spring nearly a mile more distent, and this bnnch 

aqneduct was named Afua Aagusla. The Aqaa Marcia wsa held to bo 

the purest, the coldest, and most wholesooie «at«r in Rome, and m 

•nch its praises an celebrated by Plioy rH.N. XXXVI. 15)— C/ariirinw 

agaaniiH omnium in toto orhe, firigoris naluhriiatisqut palma prateonio Urbit 

Marcia eft; and bo proud was the 

Geos Marcia of their coDDectitHi 

with this work, that a denarius of 

\ Q. Harcius Philippus presents npon 

'\ one side a bead of Ancns Martins, 

n from whom the clan claimed de- 

7 scent, and on the other an eqneetrian 

statne standing on the arches of 

the aqueduct, with the letters 
le annexed cut. The Aqua Marcia snp- 
u.<}, and 105 spoutiDg fountains (saUeida). 
iitUB mcreasea tne volume of the water, for the supply of his 
Thermae (Corpus Inscr. Lat., vol. VI., n. 1:J46). Caracalla did the 
same thing in A,D. 2\2—aiIqmnto fonie -novo antordiiianD (Ibidem, toI, 
TI., D. 1245) ; and their example was followed by Diocletian, from 
whom the water waa named loiHa. 

4. A^HK Ti!rBl>> introduced by the eenaora Co. Servilius Caepio and 
Caaaius Longinua, B.C. 135. from a point two miles to the right of the 
eleventh mileatone on the Via Latina. 

5. A^BB IbIIb, introduced by Agrippa, when aedilia. B.C. 33, from 
a point to the right of the twelfth milestone on the Via Lotina. The 
whole length of this aqueduct was about fifteen and a-half miles ; one 
mile and a-half on substructjons, six and a-balf on arches, the remainder 
under ground. The Aqua Marcia, the Aqua Tepula, and the Aqaa 
Inlia, after issuing from their reapective piiciiiae limariat, about six and 
a-half miles from Rome, entered the city upon the same arches, each, 
howeTcr, in a separato channel, the Aqua Inlia being uppermost, the 
Aqua Tepula in the middle, and the Aq^a Marcia lowest; and traces of 
these three channels are quite visible at the Porta Maggiore, the Porta 
Praeneelina of the Anrelian circuit. 

6. AqsB Tlrg*. introduced by Agrippa, B.C. 19, for the snpply of his 
Thermae, from a swampy tract (paliisli-ihus locin) eight miles from Rome, 
on the Via CoUatina. The wbole length of the aqueduct waa about 
fourteen miles. It entered Rome on the aide of the Pincian hill, and 

.was conveyed upon arches into the Campus Martins. It is still available 
to a certain extent, and, nnder the name of the Aqua Vergiae, supplies 
the beautiful and well-known Fontana i/i JVeri'and many ouer fonntaina 
of the modem city. 

7. Aqas AlaiMlMB a. Aaiaira. on the right bank of the Tiber, 
introduced by Anffustus, from the Lacax Abielini'S, six and a-half miles 
to the right of uie fourteenth mileatone on the Via Claudia. The 
whole length was twenty-two miles, the termination being uader the 
Janiculum ; but the water waa so bad that it was used for g^ens only, 
and for filling the artificial lakaa in which «aiimai:!iiae were exhibited. 

" ~ ~' " >> introduced by Caligula and his successor, A.D. 



38-&S, fnMD tine« Tory piire uid abundant iprinp, mnad CatnJeiu, 
CttrliuM, And Albudinui, a little to the left of tha thirty -eigtith milestoiie 
on the Via Subtaeetuu. The whole length waa upward of forty-aic 
miles, of which tbirtf-gii were under gToimd, and nine aad a-balf npon 
arches. This water was considered next in exoellenoe to the Mareia. 
Ths leniaint of ita lofty siches are the most coDspicuong landmark 
of the Campagna. 

0. AkI* NarB*, commenced, at tiie aame time with the last mentioiwd, 
by Caligula, and completed by Claadins. The water was taken off 
from the Anio (ueipilur ex fiundtie) at a point near the fbrty-aecond 
mik«tone on the Via Sublacensia ; and the total length was fif^-eight 
and a-half miles, of which forty-nine were nnder ground. As it 
approached the city, it was oarried apon arohw for upwards of six 

The Aqua Claudia and the Amo Nova*, after iasDiiig from their 
piteinae iinutrtoe, entered the city npon the same arches, the latter being 
nppermoat ; and remains of the works may still be traced near the 
modem J'oria Maggiore. There is no doubt that these two aqueducts 
were the grandest and most costly works of their class. Three nunilred 
millions of sesterces (ter mHUa) were, according to Pliny, expended oa 
the fomer ; and some of the arches orer which the latter passed were 
109 feet high. 

Each of the streams brongbt by these nine aqnedncts entered the city 
at a different level from the rest (aquae onrnea dtcersa in Urbeta Ubra 
pemeniiatt), in the following order, beginning with the highest: — 
1. Aiiio Novui. — 2. Claudia.— 3. lulia. — 1. Teptila, — 5, Mareia.— S, Anio 
Vetun.—!. Virgo.— ». Appia.—Q. Alaetiita. Of these, the first six had 
piteinae Uiimria£, all about six and a^half miles from Rome, in the direc- 
tion of the Via Laiina. The last three had none. The Anio Novut had 
two, the second being near the point where the artificial channel 
branched off from the river ; but, notwithstanding this precaution, its 
water was always turbid when the parent stream was in flood. 

The Anio Novut and the Clawlia were so elevated that they afforded 
a sapply to the highest parts of the city. On the other hand, it will be 
obserred that the two oldest, the Appia and the Anio Velui, were brought 
in at a low levtl, and the works were almost entirely under ground. 
This, as Frontintu suggests, was probably the result of design ; for at 
the period when they were formed the Romans were still engaged in 
war with neighbonriag tribe«, and had these strocttires been exposed 
to view, they might have been destroyed by an invading army. 

In addition to the nine aqneducts wbich existed when Frontinus 
wrote, we hear of an Aqua IVaiiina,andan A'/ua AlfzaTtdrina, the work of 
Setxnu Alexander. Procopiua Goth. L 19 counts all togetlier fonrtoen 
channels, the eleven just described, and the three aide bmnohes, named 
the ^weui Octaviama (a branch of tiie Anio Vetua), the Aqtta Auautta 
(a branch of the Appia), and the rivua Antoaimanva (a branch of the 
Mareia) which crosses the Via Appia over the so-called arch of Drusus. 

It may be gathered from what has been said above, that the whole 
of the works by which supplies of water were brought into the city, 
were comprehended nnder the geneial term Aquaedacta, oi simply, 



■ 84 ■ TOPOORAPHT OP BOUE 

. Ductus. The water itself wu distingnished, in each case, either b; the 
DatDe of the pereon by whom it wm introdoced, aa Aqua Appia, AquA 
Marda, Ac, ot bjr the name of the source from wheoce it was derived, 
as Aqua Abtttina, Anio Vttut, &c., or, finally, From some legend con- 
nected with its biator;, aa Aqua Virgo. Again, these terma are 
employed to denote, not ool; the water ccnveyed, but also the 
atiueduct by which it was conveyed, so that Aqua Mareia may meaa 
either the Marcian Aqneduct, or the water conveyed by the Maroian 
Aqueduct, atid so forall the rest. 

It may perhaps excite surprise that the Romans should have expended 
Buch a vast amount ot toil and money upon the construction of aque- 
ducts, although acquainted with the hydrostntieal law, according to 
which, water, when conveyed in close pipes, will rise to the level of the 
fountain or reservoir from which the pipe proceeds. Pliny correctly 
enunciates this proposition when he states (H.N. XXXI. &).—Subit 
aliitudinem exorlus tui — and the distributions from the main cWttUu to 
the different parts of the city were actually effected upon this principle. 
This is clearly proved by the manner in which the aathoridea already 
quoted express themselves when describing the tubes of lead and 
earthenware, by the words of Frontinns, who tells us that the Aqua 
Claudia and the Anio Noeui were iutroduced at so high a level as to 
afford a sapply to the tops of the isolated hills, bv the existence of 
numerous SalitnUn or spouting fountains— and by tie line in Horace 
(Epp. 1. X. 20). 

Purior in vids aqoa tendit rompere plombum. 

We have no reason to believe, however, that my attempt was ever 
made to apply the principle upon a great scale ; and it is remarkable 
that the expnience of modem engineers goes to prove that it cannot 
be employed with advantage when a large body of water is to be 
brought from a considerable distance. 

CiMicB niiulnii. — But even the aqueducts of Caligala and Claudius 
are inferior in solid grandeur to the huge vaulted drains constrncted, 
according to tradition, either by the elder Tarqain or by Sufwrbue, 
for the purpose of drawing off the water from the swamps, which, in 
the earliest ages, spread over the whole of the low grounds lying around 
the bases of the seven hills. The main tronk, known as the CHoaea 
Maxima, may atill be seen in part entire, and still conveys water into the 
Tiber. It consists of tliree concentric vaults or semicircular arches, 
the breadth ot the innermost being ahont thirteen and a-hal£ feet. All 
ore formed of the volcanic stone called peperino, the blocks being five 
and a-half feet lon^'and three feet thick, fitted together with tha 
greatest accoraay, without cement. The skill as well as labour wiUi 
which tiiis colossal fabric was executed is proved by the fact, that it 
has Tindei^ne no change, and exhibits no trace of dilapidatioD or 
decay although more than 2,000 years have passed away since it was 
completed. 

A Dranch drain, running np in the direction ot the Sulmra, tributary 
to the Cloaca Maxima, and formed upon the same gigantic scale, wm 
discovered about the middle of the last century, sixty feet below ths 



".OOglf 



TOPOORAPBT OF ROUE. 86 

pTeaent surface. It 1h auppoaed to be the work of a aomewbftt later 
period, the atone employed being a kind of limestoDe, called Inuxrltno, 
which does not appear to have been naed for bnilding purpoaea UDtil 
after the r^^ period.* 

The onlv work a of the regal 
epoc& of which diatiDct traces attU 
remain, are the Tullianum (p. 26), 
the Cloaca, with the retnioiiig wall 
along the bank of the river, and a 
few fragments of the wall of ServioB. 
We have already given a representa- 
tioD of the fIrEt, and we subjoin a 
cut, showing the moatb of the 
Cloaca as it now appears, and 
aaotber, taken from Sir William 

Cell's work od the Topography of Rome, exhibiting " ooe of the best 
and least doubtful epecimeuH " of the Serviau wait, under the church of 
S. BalbioB, in the direction of the Porta Capena. 



^ — ^ — f; 




yVtt 



3,a,l,;t!dbvG00glc 



NOTICE. 



REFERENCES to the most recent Standard 
Authorities on all Sutijects treated of in Chapters 
II. to XIV. inclusive, are given at the end of each 
Chapter in an Appendix, to which the Student Is 
requested to refer. The Sections are arrangred in 
order corresponding' to the sequence of Para^ 
graphs. 



^oiizodbyGoogle 



•r BanuKOK to BuaoiKii inraommm em tU luifieu trttit ^, * 



Vfe« BsHBU ■ BUsaA Wvtx^ T hen H no poim oonneoted with tbe 
orif hirtocT of Boom mora OMtaln dun tbat the origiiul inhaUtanta wen a 
ndudpaofw, fivmedb^thooomlHiiktioii of thne dutinctraM — Latiai, Sabtnt 
KAEtnud. TThik tiadidon uoribed tb» Mtad fimndUlMi <^ tb« d^ toa 
eokuj of I^tiiu from Alba Lon^ nnder Eomnhn, Hnir medj anka iritb a 
bodj of Sabinn, noder TitDa Tatnis, was muTcnallj aiinointdgtd. Tha aaon 
gnammitj doe* not prerul regarding the introdnetion of Etnuoaiia, who, ac- 
Modiug to oae acoounC, did not fono a oompMunt part of the popolatioo miti] 
tbe migratioii of the fourth king, the elder Tarqoinins, while otheis ""^WriBf^ 
tbat a eettleaunC of Etnucaiu, npon tbe Coelian hiU, lent their tH to Bomoln* 
in hie oonteet with Tatius and the Salunea. Witboat pretending to nnravd tbe 
aonfiued w^ of andeat Is^endi, it aeems perfeotly cl«ar that the triple imion 
mntt have takoi place before the fonuatioa of the oonadtntion nsnallj uoribed 
to Bomnliu, aince the divlatoni recognieed bj that conatitutioa bear a dirttoci 
Rfaeooe to the ttiree elemeats. The woide i^Flonu (HI. 18.) expreea die bet 
dearij and aoearate97 — Quippe quampopultu AmnonM Etnueoi, Latiiui, 
S(Mnoique mucutrit tt tinum ex omn&ut taitguinem ducat, oorpui fecit ex 
mtmbrit et ex omnibiu ttnut eif . 

Pi y l — RiMMB— . 4|aiviM. — The ^ipallation of tlw nnited people was 
Popultu BoKtmia QatrUa, or Populiit Aonumtu QutrdiMn,! ahbmirii, irtttn 
M great finrnalitr waa aimed at, ute aqMrate dealgnationa, Populut Jtommw 
and Quiriles, were naed indiflbrentlj to oomprehei^ the wbcde. The origtn ol 
the biter term mnit be regarded aa atill inTolved in donbt. tbe anaientadian- 
MdvM propcted two derivatjoiu, both of whioh pointed to the Sabinea, aoDie 
nndtng the word a* another (brm of I^retej, Le. inbabitantaof theSidriiietown 
dTCuTO, ' othen oonnecting it with Qu'ru, whid>, in the Sabine dialoot mgnified 
a ipear. The mooimI e^molog^r might have been oonmdered m utii&otor^, and 
we might hare regarded QidriUs ae eqaivalent to icamori, had it not beMi that 
QuirtK* ia naed empbalicaUj to denote Btonaiu b the Ihll aqofment of tUr 

S. tt. Hurob. & I. 4. Ut. L * 

1 Vl I St. Miinp. Dlonn. H **. I 
oL-UTL its. PlBtSom. 1*. 

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88 OKiaiXAL TSrBIS— CUUAE— flENTES— HIOLUZ. 

tiril rigfati u peacdiil cidMni ; snil lienw Csor ii suil to have recalled bit 
iiuabor&tiAU suldicn to tbelr dnlj hj abniptlj addreeeing them as ^ariUs 
inMead of MHiUi. ' We cannot fail to conneat Qairita witli Qairitit, an epithet 
of Jano, and nitb Qutrinw, one of tlio Cities of the god Janns, and the name 
under vhioli Romnlos was irorshipped as a herv-god, nor to nmsrk the verb 
Quinlare, wluch denotes the solemn appeal for aaaistance made bj one dtiieil 
to anotlier in the hoar of danger — Qmritart ilKittir is qui Quiritium ^fidtm 
dtmtaiu vKplorat.' 

Ori^lHBl TrIhcK. — The united people wai divided into three tribes, (tribiu,) 
vMoh bore respectively the names — I. Ramna i. Ranmenatt. 2. T^liea s. 
Titietua a. Tatienta. S. Lvcera s. Lucerensa. The name of the fim, 
according to the belief of the later Eomani, wai taken from Somtilus, that of the 
■econd from Tatiiu, and that of the third ivaa connected with the Etnisean word 
Liieumo, signiljing lord or prince.' At the head of each tribe nas a captun, 
called TVtAuntu, ^ tbe members of the same tiibe were termed, In reference to 
eacb other Tribula.* 

CmriMm — Each tribe was subdivided into ten sections, called Curiae, each 
disdn^uiahed bj a name, ' so that in aU there were thirty Curiae. The membeis 
(t each Curia were called, in reference to each other, Curiates ; ' eadi had its 
own ch^tel — its own plaoe of asaembly, called Caria — its own piieet, called 
Curio or Ftamen Curialit, ' who presided at the solcmmti«s (sacra) peculiar to 
his Curia, and out of the thirty Coiiciies one was selected who )»eeided over the 
whole, under the title of Curio Maximui. ' 

FinaHj, if we can trust Dionyaus, each Curia was mbdivided into ten decades 
or Deeuriat, each Decnria having its petty offloer, termed Decurio. * 

daam FmHlUac — The organisation described above was entireljpolitical; 
but then were also aodal diviuons of a very important character. The Tribes 
and Curies were made up of clans or houses, each of which was termed a Gens; 
the individoals eompouog each Gens being termed, in leTerence to each other, 
Genlilet. Each Gens was made np of a oertain number of branches or bmiliest 
each of which was lenned a Famiiia, and each Familia was compoaed of mdi- 
ridual members. There can be no reasonable doubt, notwithstanding the 
useition of Niebnhr to tbe contrary, that not onlj all the bdividual members 
of the same family, bnt likewise all the families of tbe same gens, referred tfaor 
origin to a common ancestor, and hence all Gentiks were regarded as coimeoted 
bj Dlood more or less remotely. 

FiasMSHeH. N*B>eB. CaBoaniea. Akb'BSsb. &C. Goitiia all bore S 
common name, which indicated the Gens to which they belonged ; to this was 
added a second name, to designate the ftmily, and a third name was prefixed to 
the two others to diatingnish the individual member of the family. According 
to this aiiaiigGmait, the name which marked the individual, answering, in somo 
napects, to oar Christian name, stood first, and waa termed Praawmen ; the 
name which mailed tha Geos stood second, and was termed Nomen ; the nam* 
which maA«d tbe Familia stood third, and was lenned Cognomen. 



TBTDl.L.TL|flB.Ht>lioClo.idPHn.X.3L LIT. II 
V«rrB L.L, T. IS*. Uv. I. A Vnf. IV. L Sl. Pint 1 

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ii*s.n... 

Omjt II T. Varm VL T. ( St. Pml. 
Paid. Dlw. >.t. IfmiHmut Cmiii, p. IM. 



Tbns, in iLe full dengnuion PvbUai ComeUiu Scipia, Fublius a the Ptm- 
mnMDi nuirfciiig the individual ; Comditis is the Nom«ii, and marks that ha 
belonged U> tbe Geru Cornelia; Seihio, ia the Cognomen, and matfcs that he 
belonged to that family or branch of the Gena Cornelia caUed Scipi«. 

Oo^sionall; a Familia liecame very nnmerous, and sent oat many branches, 
forming, aa it were, mb-femiliea ; and in such oasca it became aeoeaaz^ in order 
to pievrat oonfiulan, to add a seoalid cognomen. Thns, we find such qipeUatiiiDS 
as, Laciiu Corae&a LenOdiu Otu — Luciiu Cornelius Lentulus Niger — 
Publiut Comiiita Ltntuha Spmlher — all these pcrMtu belonged to the Gens 
Cornelia and to the Familia of the Lenluli ; but the Lentuli became in process 
of time so numerous that a namber of sab^diaiy branches were established, whose 
descendants were diHtLnguislied hj the additional cognomina of Cnii, Niger, 
Spinlher, !ic. Sometimee, in the case of a familj- n-hich coold boast of a great 
unmber of distinguished memben, it became necessary to add a third cognomen, 
which, however, seldom passed beyond the individual to whom it was applied. - 
Thtw, PabUus Comdius Scipio Nasica, (consnl, B.C. 191.) had a son who 
waa deaignated as P. Cornelius Scipio Nasica Corculum, (consul, B.C. 161 and 
156.) and the gon of the latter was known as P. Cornelias Scipio Nasica 
Seroptd, (consul B.C. 138, kilted Ti. Gracdnu B.C. 131.)—Serapio being, 
in the tint instance, a mere nick-name applied to him &otn hie likeness to a 
certain pig merchant The son at 3enpio resumed the more simple ^ipellation 
of Ma great grandfather, imd wm P. Cornelius Scipio Nasica, (consul, B.C. 
111.) 

J^ain, in addition to the ordmsr; name, a complimentary title was sometioiet 
bestowed by an anny, or by the common consent of the citi;Eens, in order to 
commemorate some great achievement. Thus, Publias Comeliaa Scipio, tlie 
conqueror of HannibJ, was styled A/ricania, and the same epithet was ap|i!ied 
to the younger Fubline Cornelins Sdpio, the destroyer of Cartbage. In like 
mtuiner Q. Caedlius Metros, in coneequcnce of his saccesses against Jngurtha, 
was styled NumidicuM — Pi^lius Servilius Vatia was styled Jsauricus; and 
Bomju history will fumiiifa many other examples. Sach an addition to the 
oc^nomen was called an ^^nomen,' and, generally speaking, was conQned to 
tbe individual who gained it, and was not transmitted to his posterity. ' 

Lastly, a peculiar modiflcation of the name was introduced when an individual 
paosed by adoption (of whidi we shall have occasion to speak more at large 
bereafier) ant of one Gens into another. The person adopted laid aside his original 
namea and aHiuned those of the person by whom he was adapted, adding, bow- 
em, an qnthet to mark the Qens ont of which he had passed. Thus, Pabliui 
Corndiui Seipio, the son of tbe elder Airicanns, baring no s<hi, adopted C 
.Aenu£M Fmdiu, the son of L. Aenilins Faalns Haoedonieus. The young 
Patdoa, immediately iQion his addition, took the name of his adopted father, and 
became P. ConuUut Seipio ; bnt to mark that he bad once belonged to the Geiu 
Aetoilia, the epithet Aemilianus wae annexed, so that, when at a subsequent 
period be received the title of Ati^canns, his name at luil length was PabUut 
Corndiut Scipio A/ricanvs Aemilianus, to which eventually was added a second 
Agnomen Numaatinus ! In like manner C. Octaviua Caepias, when adopted 
in terms of the last will of his maternal grand-uncle, became C. JuUs* Ousar 

riiricw ni unBwd bjH 
a Arrlciinni, uid wbMa if 



90 PAXBICLUM ; 

Odananut, and hmoe, at diSerent sUges b bit cti«er, he tru n^ed Oetamur 
md Oelavianiu, both bang cfentnall}- sopcneded bj the oomplinMnlMy title vt 
Augutlia, beatowed.b; the Seatie, B.C. 27. Verj rardj we Sad the epithet ot 
adoption derived from tbe name of the Fsmilia, soA not from that of Che Qena. A 
•on of that M. Claudiut Marcellut viiio terytii, iriib iatioetioB, under Mariu in 
Oaol andun the aodal war, was adopted b; a mlMD P. C'omelau LentuluM, and 
ought tfamfoN to have beoome P. CoTTteluu Lentulut Clodimmt; bnt then 
wen two GcntM Claudiae, and, therefore, ibr the lake of distinotion, and to 
KuA the illnttiiona funil; to whidi he had belonged, he avumed tin name P. 
Corndita LmttUat MarceUinui, and thii epithet of MarctUiiuu patsed u a 
■eoood oogDomen to hia deioaidanta. One other anomtlj deaervei notice, beoanw 
it oconn in the caas of a famoaa individnal, and might occanon embanua- 
meat. M. Jinmu Bniliu, the celebrated aasanin of Jnlioa Cnaar, Trai adoptat 
■ereial jean before the death of the dictator, bj hU own maternal mwle, Q 
SermUiu Cotpto, and on^t therefore to have beonne Q. Servilaa Caam 
iuniania, bnt for eome reason he retained hia original oognomcn; and we find 
the different appelUtioni to which be was entitled jombled together in greal 
confhuon. Thos bj daero he ia termed aometimea simply Brutta^ MKoetuaea 
M. Bratut,* aometimes Q. Caepio BfTilut,' and bj AMeotuae,* Af, Caano. 

The women of a familj were, for the moat part, diatingnisbed mmply bj the 
name of the genB to which the;r bdonged, withont ftaenomea or Ct^omen. 
Thai, the dai^ter of JuHiu Catu waa Julia ; of tSeen>, Tullia ; of Atticna, 
Ptmiponia. 

Thia ajBtem of nomenclatnre prevailed, withotU diange, from the earliest c|)oeh 
nntil the downfal of the ooDunonwealth. It nnderwenl condderable modification, 
at least in particular eases, under the eariiar empetora, bnt these it is nnneoeasai;' 

VaiHcii. PaiM. — The tbne tribes of the Bamiut, TUia, and Lucera, 
divided politically into Curiae, and sociallj into Gertlet and Familiae, did not, 

even in the earueit tjme«, conatitnte the whole free population of Bone, but 
formed a privileged class, who enjoyed eiclosivelr all politioal power and alt the 
honooni of the state. As members of this privileged class, tiiey were oompn- 
hended under the gener^ designation of Palridi or Patra. The latter term 
maj hare originally been confined to tbe chosen elders who fenned (he Senaiut 
or great cooncil of state ; bat I^res is employed perpetoally as iTnonymons 
*rith Palridi ; and even those bistoriaua who endeavour to draw a dietinctiai 
between the words, and to represent the Patridi as the sons or foonger branebei of 
the Falita, do not themselves, m their narratives, mrintnm «iij g^ di«UnatioD. 
CUcHio. PutvHl. — Each Patrician honae had a bodj of retainera or dqien- 
dents, who were termed the Clientu of the Geoa, or of the Familia, or M^ 
individcals (o which or to whom they were attached, and these agi^ were itried 
Patroni, with reference to their chents; the teimi Patrtmi and Clienla being 
oorreltttive, and the position of the parties bearing a resemblance, in tome respects, 
to that of a feudal lord and his vassals in the middle ages. What tbe origin of the 
Clients may have been, and whence this bferiority may have proceeded, are qaes- 
tions which it is now impoeuble to answer ; bnt the most probable bjpotheris is, 
thattbey were a conquered race, and that the patriaaue were thriroonqusM*. It 
ii oertun, that the relation of C/ientela, as it was called,' ftiifted among the SabiiiM 

1 (.f. Ad AtL V. IS. ML VL ]. 

'&f.A4 AiB.VIL». A4AW.1L1L FUltaalLIL 
«IaHUciaU& 

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PAnoxB UD ounfTC. U 

wd ^tt EtiiacBiu, ind wac perfa^M uuirerail ia aiuiait IUJ7.' IHio word 
CKg9M,Ii^ we inuMaroelj doubt, connected with the verb elueo, wMoh ii idcDtieal 
wilb the Greek kxiu, and althongfa ciiwo, where it oecor* b tbs olweiod wriun, 
■igiiiflee lo be moten of, it maj- elso hare ugniflsd umply fo Aeor, and indnd 
mutu and iIhiw an oMnmcmlj med in botb Bentee. Thus, CSeata or Clxoitfi 
mnld doute hearert, Chat U, petaoni who Hu«isd with reaped and obedlcDM 
to the diotatea of their saperion. Bnt althoa^ the Clientm were, in all reipeota, 

■ ' ito and inferior*, j'et the tfmj ot the Patrons wm bjno meana of a 

r1 or arUtraiy cbaiacter. On the eoutmj, the dotSee of Fatrou and 
rere Etrictlj reciprocal, and in man/ cases clearlj- defined. 
The Fation waa bound to exponitd toe Isws (promtre lega) lo his Clieat — to 



■ndpenunal inb 
of JuMiee, Ms : 



— to maintain, in a oonrt of Juitiee, Ms tigbta, wheo iojond or aMailed, and 
genecallj to proteot him in all hii rehtiims, lx)th pnUio ud private. 

On the other hand, the Client was boiud to aid and support bis Patmi— to 
fnmish a dowrvfor the dsnghter, if the fkther were poor — to raise monej fin the 
taasom of the patron himseu, or of hie children, if tslun jaisoneiB in war — for 
the pajmoit of fUies or damages iocnrred in legal prooessM, and t<a the expen- 
diture required for discharging anj public office. 

A Patron and his Client conld not appear against each other in a oonrt of 
law, dUier aa prinoipalii or witneswa, nor assnme a hoidle attittide nnder anr 
form. These, and simUar obligations are eamneraCed bj Dtonjeias, (II. 10,) 
who is more ex^idt opoa this matter than any other andent writer ; and there 
Is also a passage in Anlns Gellios, (V. IS,) in which we are told ibat the ties of 
clienCsliip were at one time regarded as more aaored than those of blood, and 
that next to the name of father, that of Patroans was the most holj. 

The CUentship descended from &thv to son on both sides ; the Client bora 
■ tbe gentile name of iiis Patron, and was regarded as appertaining to the Gens, 
ahbongb not strictly forming a port of it. 

The obligation of a Patron to protect his Cliait bdng r^;aided is of the most 
solemn chuocter— the violation of it was a cdme which rendered tbe papetrator 
Saeer, Le. devoted to the inffcmal gods, and, as such, an otject of general 
abhorrenae, and no longer under the gnardiansbip of the laws. Bj the code of 
tlie m. Tables it was expressly enacted — Fatronut n Clientijraudtm ftcerit, 
taeerulo — and among the spirits reserved for tortnre in the netha worid, Tirgil 



It will still Glrtbar illostrate tbe portion of Patron and Client if we bear in 
mind, dtat what a master granted freedom to a slave, the relation previoosly 
mmmtA by the words domnM* and tercus waa now reprtwnted by patrorats 
aiu fihrftw, mi that, In legal pbnueoloey, any advocate who pleaded tor a 
"^■■Wl in a ooort of jitttioe was tamed the patroaia of the accused. 

nakaa ■■ rt*ba> — But not only do we hear in csriy Roman bistoiy of the 
Patrioians and tbeii Clients, bnt Irom tbe very inlko^ of the state we find a 
body of nwn tmncd I^ebt or Plebet, who at first belonged to the non-privileged 
daM, and wen oitirely shut ont from all participation in political power, bat 
1 Ur. u. IS. tnmn. n. «. T. «]. IX. s. X. u 

t Vltga Mb. VI. Ma •>• sIh IMwdji. Lb. ud Hor. C U iriii. H. 

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92 

who gndiully iutieBsed in nmnben, wealth, aiidiufloeiicc,*ndBttengtli,bjlJow 
degrees, sad after many deaperaie straggles, mcceeded in |^dng thwuKlret 
upDD a rooting of complete equality with the Patriciuu, and in gaining admiauon 
to all the office! of atate, dvil, military, and sacred. Indeed, the inCeraal 
history of the dtj, for nearly two centttriea after the eipulaion of the kings, i» 
trholiy occupied with details legaiding the contests between the Patricians and 
the Plebeiang ; and it was not until the two ordera were Inlly and heartily united 
tiiat the career of conquest commaiced, which was terminated only hy the iimiti 
of the dvilised world. But the question now to he coiwidered is, Who were tha 
Plebeiaus, and whence did they come ? 

The histoiisna of the Augustan ^e beUeved that the term Ptebs was another 
name for Clientei, the former being used to denote the whole non-privileged 
class collectively, whiie the latter was emptoyed with reference to differait 
Patrician houses to which they were indiTidoally attached. But this idea, long 
received without doubt or suspicion, is entirely ineeaDcileable with the position 
occupied by the Clients, as explained above, and also with the nairadves of the 
historians themselves. The CUents, even as a body, could never have engaged 
in a series of Aerce straggles, during which they must have oonatantly been 
brought into direct ooUision with their individual Palions, nor would aiiy Patri- 
dan have been pennitted to eiercine those acts of oppression and cruelty towards 
the Clients of another Patrician which we find oiW perpetrated on the Piebs in 
their weakness. Moreover, many passages mi^t be quoted &om Livy and 
Dionjsios in which the Clients of the Patridans are mentioned, net merely as 
^stinct fit>m the Pleha, but as actively asrasting their patrons to frustrate the 
designs of the Flebs. The most important of theso an referred to below, and 
ought to he careffally consulted. ' 

The ingenious hypothec of Kiebohr, ■hhoogh be insists with too mooh 
dogmatism on the minute details of his theoi7, la now generally aooepted aa a 
satislBctory solution of the difficulties which surronnd tUs snl^iect. His views 
may be briefly expressed in tlie following propositions : — 

1. The Pld)s and the Clients u'ere origbuiUy enttrtls dittinct. 

2. The originid popaUttion of Rome conaiUd BoUly of At PatrMtaa and 
(heir CtientM. 

a. The Plebi teat composed o/tAe iahJnlanla ofvariout Latm toiatu ahieh 
were eonqitertd and ilatroyed, their popuiation bang, at the tame time, trant- 
Vorted to Rome and the turroanding lerrilory. Thus, apon the taking of Alba 
by TuHos HostiliuB, Livy roovda — duf^icalar cnitum nuin«ruj — and again, 
when speaking of the conqnest of Adchs— leetitiufue niorem regum prioram, 
qui rem iionianain avxertint Aosfittu in dvitatem accipiendit, muUitadinein 
onaiem Somam IradaxiL* 

4. Ai Umg ai the PatHciaiu and Pl^>eiant remained poItftcoSy distinct, lis 
former aione, leith their dients, were designated as Oie PoPDLtm. 

Hence ws find Popubu and Plebt spoken of as different bodies, not merely 
in the eariy ages, as when we are told — Consul Appiaa negare jut ttte tribuTto 
n guetngvam, mn in ple5«tun. ffon enim popuu ud PLebis earn magtttratUM 
»<»— bnlin ft ■ • 



1 formal dopnment) of a much later period, and even when tha 
mguHu nnport o! the terau must have been akontber forgotten. Tbos, in tbt 
prophecy pnUished B.C. 212, during the seoond Panio war, enjraniiv tlie insti- 

I Ut. p- SL t^ H. IIL It. IS. «iiD|i. TIL la DlDiiyi. Tt ii-O. » IX. 41. X. tl 



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totion of gamw in bonour of Apdb— /(> buht faeiendu prateril pratUtf it, 
ow jw POPULO FLBBEiQDE ' daUl luiiinniiii '— >uid in tb« will of Angnita»— 
Lesaia mm ubra ini>((em mocbun, nut mod populo irr plebi ccczzzr. . . . 

When we remember the pnigitM made bj Bome dnring the regal period, we 
■hall nndentand that the Domben of the PlebeiMU inoreated with great rapiditj, 
■od that thii bod<r matt have iiiohid«d a vait munber c^ familiCB which ha^ hew 
noble and wealthy in the vaaqniihed oUUee, oi well h the humble and the poor. 
The Plebeians had their own Genlee and Familiae, the ume «7«t«m of mmea 
jMxnailed tunong them aa among the Fatrioiaiia, and in tome cases the gentile 
namcB were IdentioaL Thus there was a Tatridan Gens Claudia with the 
bmilj namea of F^ikhtr, Nero, and olheci ; and alao a Plebeian Genw Claudia 
with the tamilj name Marcellus, 

Ammlwnmallmm mt tiM Cllatsa wlih Iks Flebs. — The old Clienta wcn 
eventoally mixed up with and beome a portion of tbe FtdM ; bat when and by 
what iteps Ihit wai effected, are points npoo whidi we an eotiielj ignorant. 
It is probable, however, that the fuaioD was completed at tbe period when the 
PlafaB Eooaeeded in extorting from the Patricians the fbll eonoeanoo of etioal 
rigfati. 

ClktHU af laiar UiBBh — But although the chenta became politically merged 
IB tbe Plebs, the habita anil naUonal feeUaga connected with tbe Clientela 
remained. Many of the poorer Romans, and forei|;uera resident in Eome, gladly 
look advantage of this sentiment, and pUoed themselves under tbe protection of 
the rich and powerfuL Even towards the close of the republic and onder the 
earijr emperora, the noble Soman luved to he visited each maming by a crowd ot 
humble depeodanta, and to walk abroad attended by a nameroua retinEie whom 
be was wont to asrist with his advice, and ooeisionally to entertain at bis table, 
or, as became the practice at a tata period, lo recompense bj a dole (^portida) 
of food or money for thwr mercenary devotion. 

(Sties and whole proviooea, in like manner, sought, as clioits, to secure the 
good offices of particnlar families or individuals. The Haroelli were the patrons 
of Sidly— the Fabil, of the Allobrtkgeg — the Claodii, of Sparta — Cato, of Cypma 
and Cappadooia ; and as a proof that the connection so formed was not merely 
wxiunal, we find Oetavhis excosiog tlie inbabitants of Booonia from joming in 
Oie league against hia rival — q'lad in Antomorum eUaUtla anliqutliu eraiU 
—(Suet. Oetav. 17.) 

Piefca mt iMcir >!»«■. — After the Plebeiani had been admitted to a M 
par^clpatlon of aQ social and political rights, the term Pfeb< or PUba by 
degree* tost its original aignificntiou ; it no kmger indicated an order or body in 
the state politically distinct, but was used to denote tliosc membcn of tbe com- 
munity at lai^ whose meatis were small and whose station was humble. Hmoe, 
by the writen who flourished during the last oentoir uf the republic, and under 
the em^Hre, the name PUbt was applied to the whole maei of poor dtiiens, and 
is fivqnenlly employed disparagingly in tbe sense of the moA or rabbU. Tbe 
only trace (^ political or Mwial distinction which remained was in the separation 
ftiU kept np between the Patndaa and Plebeian Gcules, and this was doady 

1 Uv. XXV. II 

a ThM. Ada L a In iIh ShwIoi Uonnltim. qiuit«a bj Cullni In Clt Ebb. id Fim. 
Tin. I, VI rui W ph4 ta rta^i poftibim. od iMtmn lala <ni mm*. uII Hrr, Sitpiam, M. 
MmIm Cm. u m tm t. CHhuHtw pMu, auttu w m pidxnf bt a4 sg^vJuni plMmm nfW. 
r1 t hi twn ^oiJw mtj ilcnir; Iha dwdI* lumblad In lb* ComlUa Ciumtata, a* 
•MvHd ta }>Mi. lb* iMpla uHmblwt Id &t bwlUs Tilb<u<. 



ogle 



94 itobh 

flhHntd, btMDie, aMKnigli all th« gnat oKeM mte open to ndNiua, Umr 
mra entain magiatrkcieB (that or Tribmtiu PUbu, fbr euinple,) fivm which, 
■acordiDg to an inviolable principle in the oooititation, all memben or tha 
Patoioiiin Gentoa were rigidly exoladed, 

«i*iiU«» ■(■•itiiah n«1h*hIb«. iHlBMclBaM. — AfUr all [K^itieal 
distiactioni between Palricianis and Plebeians had been finallj remorvd, a iww 
■riatocrscy or nobility gradnaUj ipnmg np. Certain high offices of etate oonfemd 
upon the holder the right of DsinE, DponpnblioixnauoiiB, an ivory cliair of peculiar 
fynn. ThiacbairwBalenned.Se£iO(ru!u,' andtheofflces, tobeenumemtedhBr^- 
alla, whiob gftve a right to the oge-of thiiHat were named Magutratus Ctmilet' 
[t was the ouitom for the bodb or other lineal dcecendants of tbow who had-Md 
soch oSoea to make figoita with waxen faces represendiig tbeir dignified anoel- 
tOTB, aud the right beatowed by each coetom or uaage waa called lot Imagiman. 
llMae Imaginw or fisurai were lumaily ranged in the public i^iartmffit (atriam) 
of the bouae ocaa{»ea by the representative of the family — ^ipropriate deacripttTe 
legends (tituli) were attached to each— they were eibibited oa all great family 
or gentile feativala and tolemnitiea ; and the dignity of a famitj and of a geni 
naa, to a certain degree, eatimaled by the nmnlKr which it conld display.' AD 
perBona who poasesaed one or more of theae Ggures, that is la say, all who could 
munber among their aaceston mdiridtials who had held one or more Cumle 
offioea, were deugnatad br the title of NobiUt. Thoee who had no figures ct 
tbeir anceatocB, but who nad ruaed themselves to a Cunde offioe, were termel 
Novi Honana. All who had no figures of their ancestora, and bad not, in 
their own persona, attained to a Curula office, were ranked together as IgnoMa. 
Even after the admiaiion of the Plebeians to a fiill participation in political power, 
the high offioe* were, to « great extent, monopohaed by a small nomber of 
ftmiliei ; these NobSes became gradually more and more ezoluaive, and looked 
with very jealona eyea upon every one not belonging to their own class who 
sought to rise to eminence in the state.' Hence (he fierce opposition ofTered to 
Mariui, who was a Novus Homo, and even Cicero, who stood in the same poei- 
lion, waa always, notwithalanding the services he rendered to At aristocracy, 
r^aided with coldness and aversion by a lai^ portion of the old NobiU). It 
most be distinctly mtderstood that this NobilUas conferred no legal privileges — 
did not imply the poesessioa of wealth, and was enjoyed by Plebeians and Patti- 
dant, withont reference to tbeir extraction. It liaa been remarked, that no 
Patrician is ever spoken of as an IgnobiiU or as a Novts Homo. If this is really 
coneot, it probably arises from the tact, that before these terms became of weight, 
every Patndan family, and the number of these was latterly very small, cwild 
itnmber the holder of a Curule magistraoy among its ancestors. 

OpiiBiaiea. FsynlBrca. — It will be readily understood from the last seetiaii 
how the state became divided into two great political parties or facdont, the ana 
oompoeed of the Senate with the Nohuea and their adherenca, who desired to 
keep all political power, as br as possible, m the hands of a few individiiala, tha 
ither, composed chiefly of the Ignobilea, who were denrous to extend tha oMt, 
Old to increaae the importaooe of the people at large. The former, who may ba 
wimed the Aristooatio par^, were s^led Optimala, the latter, or DemciBatio 
iren styled R^tUaret;* and from the time of the Qracchi ualil the duwnfal of tha 

1 Ob tbg nUwt of RoiBMii /ivuivi mr giwt ■nthoHtr l< Pol jUiu Tl. (t. 

I W< and Ait tum BiulhttTnK ItHir u «uU m IIh •m«iI PwIo *n-l*s Lbk 

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U were fierae kni] inMssaiit. It mnil be obwrred, that 



J , -_ J. [. — . — 5- J ohiefl J of 

the NoinUi, vet, the moM dis&ipdatked leadna of the PopaJarti, tht Gnuichi, 
nd JalhH Crut, vera Nobiles— the two fbniMr Pld>eiwi«, the bttcr a 
Patikua. 

ti> M l TribM. — The Plebfl, allbougb steidilj moMnng in Dumber and in 
ttraigtli, appear to have remained a oonfuaed maaa until tbe; reedved organi- 
zation and political enitenoe from the inetitutioDa of Servim Tulliui. (hie of 
tbe moat important meamrea of tbat great reformer wm the diridoD of tbe whole 
Komaii territory bto dietricti, termed Regtona, and of the whole free Roman 
population into an eqnal number of TrSna, each tribe occnpyiog a region. The 
dty was divided into four regions, which, aa we have teen above, (p. 12,) were 
denominated ceapeetivelj, Saburana, Eiqailina, ColUaa, and Patatina , ' the 
remainder of the Koman terriCorf waa divided into twenCj-iiz regions, ' ao that 
altc^jetber there were thirty r^ong and thirty tribee, twentf-di of these bung 
Tr^ta Raslicae, and four TrSnii Urbanae. Tbia anaogement waa atriclly 
local ; each individnal poBsessed of landed propertj being enrolled in the Rmtia 
Tribe OMresponding to the region In which Itia property lay, and thoee who were 
not landowners being included in one or other of the City Tribes. 

Some important changes took place in consequeni^ of the convnlsiona and 
loaa of lands which followed the eipubion of the kings; for in B.C. 495, fifteen 
years after that event, we aie told by Livy — Romae triina una et niginti 
faelae.' From this time forward new tribea were gradually added, as tbe 
Boman lerritory gradnallj extended, ontil B.C. 241, when they were bcreased 
to thirty-live.* This nnmber was never agamenCed, but remsined fixed until 
tbe lateet times. It is true, tbat upon the admission of the Italian states to the 
iiglits of citizenship, afler the social war, laws were proposed and passed ^Ltx 
JbKh, B.C. 90— Let Plaatia Papiria, B.C. 89,) for the creation of eight or 
t«n new tribes, in which the new citixens were to be enrolled ; ' but these 
enactments were, in this pomt, superseded by the Ltx Sulpicia, (B.C. 88,) 
which ordained that the new citizens ahoold be distributed among the Ibirty-five 
sxisting tribes ; ' and this arrangement appears to have been ratified and carried 
Dot by Bulla. ' 

The tribes inatitnted by Serviui Tullios must be carefully distinguished from the 
three Patrician tribes, the Kamnes, Tities, and Lacerea, which were hencefi>rwacd 
thrown into the shade ; and wherever tribes are spoken of in Roman history, we 
must undentand that the Local tribes are meaot onlese the contrary is speci- 
Scally staled. 

The ^Tisioo into tribea, now described, being purely local or territorial, tbera 
can be little donbt tbat the Pstrietam and tboi Clients, as well as the Pleboana, 
were iacladed from the very commeneement ; but in what relation they stood 
towards each other when the diviirion iolo tribes was first applied to political 
pnipoieB, cannot be ascertained. 

The Segwma Rtutkae were divided into a number of small districta, eaUed 

I Vu»I..I^ V.gu(t& DloDTi. IV. 1«. Ut. L U. Blilt. XX. FlliLaK.XVta& 
1 VuTD ip Nan. i-T. vMHi*. f. Su. wL GerL Dlon^i. IV. It. 

I ,i,z<,i:,., Google 



' U*. Epit. LXZXVI. 



, 96 CLAS8E1 ^su CEnroaiu. 

Pagi, eicli of wbicli bad its Magitter Pagi or petlj magistrate ; and tlie Fagtad, 
\«. tli« membani of each Pagtu had a Bhrine, where ewh jear the/ celebrated 
a fesiivsl termed Paganalia.' 

la like manner, the Regioats Urbanae nere divided into Vid, each Vieut 
having its Magitler; and the inhabitant) of each celebrated anooaUy, at the 
intersection of the streets forming their Vicus, a fbs^val, termed Compitalia. * 
There were also mral feetivals, termed CoiapUaUa, wlduated at the point wlia« 
several roads intersected each other. 

Gkuan. Ceatn^ae. — The division into tribes comprehended the whale boij 
of free Romans, and was pnrdy local ; but Servius made a aeoond dlstribatioD, 
not leu impMtant in every point of view, depeadiog entiiel}' upon the amount 
of fortune possessed by each dlisen — tliis was the division into Clatiet, which 
were autklivided into Centuriae. 

Claiais, in the most ancient acceptation of the term, denoted on army; and 
the ilivtsion into Classes and Centuries was, in one point of view, a miUtarf 
organization, the whole body of the people bdng regarded as an Exerdtas, 
divided into horse and foot, with their artizans and mnsiciaiu. 

The Cavalry (tquites) were divided Into wgbteen Centuriae. 

The Infantry (ptdila) were divided into five, or, according to some, into sis 
Claxses, tlie dismepancy being, however, merely uoiiiiDal, as will be seen here- 
after. 

Eacli Claain oontained a cert^ number of Cenlariae, one half being Centuriae 
«f laiiiora, that is. composed of men between the ages of seventeen and fbrty- 
sii, and th^fore liable to be called upon for active military service, the other 
lialf being Centuriae of Saiiora, that is, composed of men above the age of 
forty-six. 

Each class included all who possessed a certain amount of fbrtoiie, that is, 
whose property was valued at a certain sum ; and the style of the equipmenla 
in each class was regnlated by the means of those who formed tiie class. Thua, 
those in the first class bad a lidl suit of defenuve armour, helmet, large round 
shield, cairasB, greaves, (gaUa, clypeui, lorica, ocreae,) all of bronze, their 
cCfensive weapons bdng a long spear (Aiula) and a sword (gladxut.') ThcM 
in the second class carried a lighter oblong shield, (fculuni,) and had no 
cuirass. Those in the third class had no gieaves. Those in the fourth dasi 
had no defensive armoor, and bore merely a long spear (hiata) and a light 
javelin (ucrufum.) Those in the fifth class were provided with slings and stonM 
only {funda$ lapidetque tniaila gerebant.) 

Our chief authorities for all the details with regard to the distribution into 
classes and oentiuies are Llvy (I. 43.) and Diooysius, (IV, 16. VIL 59.) whose 
accounts, althoDgli agreeing in the main, oreseul slight diaorepaucies. Com- 
bining the two narratives, the following scheme ^iproaches, in all probability, 
nearly to the truth ; — 

Equim, 18 C«itiirie& 

Im*. Classib. — ForAine nol lets than 100,000 missel or pound* of Kopptr, 

40 Centuriae Senioruii. 1 _- ~„^j_ 

40 Centuriae Itiniormn,; auuraituns* 

1 gj(">J*' It- le. IT. I9l Pwl. DIK. 1.1. PoyoHf, p. ttl. 8VT. id Vic(. 0. a ML 

I ,i,z<,i:,., Google 



CUSSES £XD GRKTUIttEB. 97 

n*- Ci-ASgif,— fWNnu not las than 75,000 Aimt, 
10 CentnriM SaiionunJ 

10 Centoiiaa lonionuii,}- 2!! Ctntndes. 

2 CeatoriM FabrAni, ) 

npi^ Classib.— fortuM not Utt (Aon 50,000 Ann. 



10 Centuhae Iiuuonuii,f ' * 

Vf*»- ClMNA.— Fortune not kxs than 2i,(KXi Altt$. 
1 CeatnruB Secionun, 'i 

10 CentnriM luDicniin, V 

2 Centoriae Coniicmcm, &c. } 

T>^ Clumo.— Fortune not lot than 12,500 Aeta. 

15 Centnrise 9entoram,) 

16 Centorise lunionunj * ' 



1 Ceaturin ProIeUriormn et> 
Capite CeDSomiD, ^ 



In an 11 

Hm ditcf poiota in which Dioojuiu and Livj differ are — 
. 1, livy makei the total nnnber of Centuries lo be 194, b^ adding to the 
fifth dasi a Centuria of ^ccmn; bnC it ii mora probable that the unmb^ ihonld 
have beea odd, otberwin embarnutmeot might have uisen &om an equal 
diviMOD of the Centmiea in voting, as will be eiptained in the eecUan where we 
treat of tbe Comitia Centurista. 

2. Livy makes the fortnne of the fiflh elaas 11,000 aeees, instead of 12,600 ; 
bat wo can see do reason whj a departnra Bhould have uii^a place in this 
instance &Dm tba symmetrical reducton observed io the other cases. 

S. Dionjsins makes ux classes, instead of five ; hi: sixth class conusling of 
tba one untnij of Protetarii sjid Capita Centi inclnleil by Livy in the flftb. 

Tbe Proletarii were those whose fortune was not above 1600 asses, and who 
wfire not called upon for military service except im exlraordiDarr emergendea, 
when they were equipped at the expense of tbe staie. 

The CapUe Censi were those who had no fortune, or whose fortune was so 
small that it could not be definitely fixed, and who were therefore rat«d " by the 
head," and not by the amount of their property. 

It win be obsoTed that there is a considerable gap between the Gjth dass, 
'whose fbrtune was not leas than 12,500, and the Proletarii, whose Jbrtune was 
not above 1500 ; this space is supposed to have been filled tip by the variooa 
descriptions of irregular troops, spoken of by different autbora, such as, accenn 
etiatii — adscripliiii — rorarH—fereitlarii, &c ; but whether theso were included 
in the Centtuies of the fifth olaaa, or in the single Centaiy of the Proletarii, wa 
cannot tall.i 

The citiaena indaded in the flra claaaea were eomprsheaded under tbe gtatni 

I On th* /nUwK fta. IM Am CML XTL 10. aada&ntl. ttUnsL b«,>l. Fwl 



DHne of Auiduif or (at ft later period) Loa^tettt,^ in oppo^tion to tiu- JV olii 
tarn sdiI CapUe Ctnti. Tbow again who, belanging hi the fint daif, kad 
pftRtenr valued at not leea than 125,000 asset, wen styled emphaticallj VUaiki, 
and nnaer this head we miut suppose [hot the eighuen Centuiie* ofEqiiiletweta 
indnded ; those again who were included in the Srst, or in an/ of the remaining 
fbur olassies, but wliose fbrtmie did not amount ^a the above sum, were dcdgiuUea 
a* Infra Claaem,* and henoa the phrase clastic aulhort, i.e. writen ot pre- 
oninent worth, and so Aulus Gellins (XIX. 8.) — ClamcuM aamdmaqtit aU^Mi 
Kiiplor Tum proUlariu*. 

tk oOQoluBion, we would npeat, for the fact ougtit to be deeply impraMed 
upon the youn^ scholar, that while the diviuon mto tribes was purely loeal, 
K the dirtribuliou mto Glasses depended upon fbrttme alone, and that, in so 
br u the local triltes and the clasMB were conoemed, FaCridani aod Plebdam 
ware, from the first, placed side by side without dbtinction ; the gi'eat objeot 
kn)t in view by Servius Tullius having evidently been tbe establishment of 
ptuitieal equality among the Afferent orders of tbe state. This will be better 
tmderitood wben, in a subsequent section, we explain the relation of the tribal 
and cfiituriei to the Cotniiia or oonstitutional assemblies. 

k«mUm. Ow*m E^BHier.— We must now direct our attention to that olua 
of persons who, under the name of EquUes, play a conspicuous part in the 
annals of Rome from the earliest times. The investigation of tlidr history ii 
highly complicated and obscure. All the materials will be found oollected, 
discnased, and combined with great industry, acuteness and ingenuity, in iba 
treatises quoted at the bottom of the page,' of which the last three deserve spedal 
attntion ; but many points are still involved in doubt. In purauing our inqniiiM 
into the nature and constitution of this body as it existed at different epoeha, it 
will be neceasaiy to draw a broad line of distinction between the Equita of the 
primitive times and the Equester Ordo during the last century of the common- 
wealth; and it will be Mrther necessary to consider the ancient Eqtiite* M 
divided into two dasses, the Equila equo publico and the Equita equo privattt. 

■1m ■■< PrvsTMB mf iha E«b1i». — In the earlier ages of Borne the tenn 
£}intH was employed exclusively in a miUtaiy sense to ^ote the cavalry of 
thg annr, and tfaerefbre was not affiled to a permanent order in the state, but 
to a body which was undergoing constant chaiigo. 

We are told that BomtSus levied one hondred cavalry in each of tbe thiM 
eri^nal tribea, ten out of each Curia. 

IhsH three hundred honemen or trti catturiat equitmn were divided into ten 
aqnadmna (TuTmae) of thirty men eachi each Turma was subdivided into three 
Oteuria* <u ten men each, and at the bead of each Decuria was a Decurio. 
The three Csn/urtae bore the names of the three tribes from which they wei« 
railed, and were designated reqiectivelj Aiinnet — Titia — Luctrtt; and tba 

I Cla. d* S. n. n. ;Ib1. OM. XTL id. Vvn tp. Man. i.v. PnlUmrti. p. M. «d. Otrl 
OmtIi. I b. W. -" " ■- 

thapuaMtof Lin (I ui'ind montilDi (IV [& Vtl 

toftrauToo sonnrnlnii tha HiHlllutlDn ot Sh-tIui. u 

wUetala tbaoWM Imnananton tha rnlHtrIi and Ca^ltCrwii bat In addltloD to tbaaa, 

ttara li ■ p*aa>««ln Cloarg da BapnMIca (IL tt | In ann nj nniarkablB. and wklshhaa 

■ JVwiltrfc DaaaSTllhol Rwnanla. Hlld IBM. 
Manuiiril, RlMorlaa tqullnm RDmannmm Rarol ISIO. 
»—»t. Uctor dia RSmltehni SItlar. fte. 
tuilt. Da la» Occronli In LIhra IV. d 



. __ 13 oomp. Paul. Dlaa. i-t. I'fra rintirm. Wa lw>a a 
of LIT/ (I UjandlHaniilDitIV [& Vtl H. | whloh aBord 



".OOglf 



BQtrtnz. 99 

e fanned in mch r nuuincr that etah coDtained ten EamiMa, tm 
Tides, and ten LnMres. The body ooilectiTely was termed Equitea i. Celere» «. 
TVossuii e. i^exuminej, the two Utter being words of ancertain origin. The 
«omDiftnder of tbe whole wm itjled Tribunua Cderum.^ 

TuUns Hoatilins, atW' the destmction of Alba, doubled the number of the 
Eqoitea, the unmber of Centuriae remaining the Bame, so Ihat each Centoria now 
contained twenty Tunoae and two hundred Eqnitea.' 

Tarquinius Prisons again doubled the munber of Equitea, dividing them ioto 
ux Ceaturiao ; but be wa» foihidden bj the angor, Attui Navius, to inbodiiM 
new namei, and therefore the Centariae were now distinguished as Priora and 
Poiteriora t, Seeundi ; thus, there were the RamnaaeM priora and the Bant' 
nenxs poileriora, and bo for the Titiea and I^ioeree, the whole mmiber of Eqniles 
being now 1200. Tbeee six Centoriae were oompoMdof Patrioians exclnaiTely, 
and are frequently described as tbe Sex Suffragia or Sex Centuriae, and were 
known by the latter name even when Liry wrote. ' 

Servius added to the six Centuriae twelve new Ceatoriae of two hundred 
each ; these new Centuriae hdng selected lirom the leading men in the state, 
withont reference to their position as Patridaus or Plebeians. There were now 
altogether 3600 Equitea divided into eiditeen CenCniiae, tbe number given above, 
irfaea treating of the distribution of the dtiiens into claaaes. These eighteen 
Cmtunoe f^ui/um were made up of the &x Su#rapia of Fatridaus, as arranged 
by Tarquinius, and the twelve new Centoriu of Servins.* 

Ceniui Eqtietter.^Tht Eqoites, from the oommeuoement, were selected from 
the wealthiest of the citizens. The forttme necessary for admission into the &st 
dasa was, as we have seen, at least 100,000 assee — the equestrian fortune was 
probably at least 125,000, whiob placed the holder amongthe Cloiinci; bat we 
most not suppose the 400,000 sestercee-^l ,600,000 asses, which was the Cenmt 
Emaler towards tbe close of the republic, eoold have been required in the 
iniaiKiy of the state. 

Equus Publicia. — Each of the Equites, in tbe eighteen Centoriae, received 
Gmn'the public treasury a mm of 10,000 asses for the purehase of a horse, (aei 
tqttatre,) and hence the pbraMB eg'io publico merere, equum publicum attig- 
nare ; he was farther allowed an annual sum of 2000 asses for its maintsnanee, 
(tUM hordearvim ;) the mm ceceseary for tbe latter purpose being raised by a 
tax paid by aumarried women and orphans, who seem to have been exempt m]m 
ordinary imposts. * It seems probable that when an Equea ceased to serve, either 
in consequence of tbe regular period having expired, or trom some other cause, 
he was required to refund tbe 10,000 asses advanoed fbr the purehase of his 
bone, but this is not certain.' 

Period of Service.— DoAig the most flonrishing epoch of the republic, the 
period of service required from an Equei was ten vears, after which he was no 



that this retirement was compnlBaiy ; on the oontra>7, thoic who hod obttuned 
& place in the Senate, and were tar advanced in life, Bometimes retuned their 
Eqons PuUicus, as in the case of the censon H. Livina Salinator and C. ClauditN 



LItt. I IS. Dlonri II. 13. Vmrro L.L. V. } 81. Pint. Sm 

Piid. DIu • T. Okr^. p. K,. 

Uv. L X. whg, hgwetcr, nukn (be nomhar ISIM. 

Lit. I. M. U Cic de ■■ IL tO. H lourpnud b* Zmnpt. 

Ut. L 43. PiDl. DIu i.T, Etattlrtau, p. SI. Cle. daB. I 

■m BMbw, »■ M. 



'.OOglf 



100 EQU1TE9. 

Keio, B.C. 204, aud ind«ed at one time all sentUon moMt have bmn included In 
tlw Centnriae Eqoitnm. la ilie age of Cicero, howerer, the«e Ccnti^Hae nen 
compoaed oTjoung meo ezdiiuvclj.' 

Chooiing of the £^uffet— The EqniUs, ne are told bj DioD\-aiiu, (II. 13,) 
•wot originally selected bj the Curiae. After the mlrodnction of tbe Servian 
eonilitution, the dutj would devolve npon the magistnte who presided over the 
Ctraiu, and hence first npon the kingi, aflervrarda npon tlic consuls, and from 
Ihsyeac B.C. 443 on the centon.' Once in five jean the censors made a strict 
and lolenin revieiv of the Eqnitea, {fquiiatam recogiaaca-e — Ttcaaert — ceiuum 
equitum agere,) > «ho paued bcfora them on foot, ta single file, each leading hi* 
bone forward as bii name was called over bj the pablio crier. Those who vet« 
approved of were desired to pass on, (Iradueiit eqaum — traduc eguam,') * those 
wboae horse and equipments were in bad order, or who, fimm any other cause, 
were deemed anworthj, the censor removed from the bodj, (equum equili 
aditnere,) by pronouncing the words Vends eguum.' After the roU was purified, 
the vacancies were filled up from those who possessed the necessary qualification, 
and no change took place until new censors entered upon office. 

Eqaitaia Transveclia.- — Altogether different fi-om the solemn review by the 
omsoni (equiium probatio s, reeogidtK — /s-xJut ix-i'sufi^'O was tlie procession 
tailed Eqaitum Transveetio, which took place annually on the Ides of July, in 
commemoration of the aid afforded to the Roman arms, at the battle of the lake 
Begillns, by the twin brethren Castor and Pollux. On the day named, the 
Equites, mounted on their steeds and dressed in their rot>es of state, (frabeafi,) 
lOde&om the temple of Bonos, outside the Porta Capena, (see above p. !)1.) 
through the Forum to the Capitol, passing on tlicir way the tcrapte of the 
Dioscuri (see above p. 23.) This practice was lirat introduced by Q. Fablna 
Maximus Rullianus when censor, B.C. 304 — Ab eodem instititlam dicitur ul 
egut'fM Idibas Quinlilibui (ran»veherentuT~Hic primtis iiiitiOiit uH Equitei 
Romani Idibus QuinlUibut ab aede Hoaorvi eqais iasideates in Capilvlium 
transirent,* 

The Recognitio and tbe Transveetio of the Equites had both fallen into disnse 
befora the downfall of the republic, but were revived, and, appareatly^ 
to a certain degree, combined by Auguatue.^ 

Equites eqiDi privaio. — The eighteen Centoriae Equitum, whose constitutioQ 
we liave described above, were the only body of cavalry in the state until the 
year B.C. 403, when, in consequence of the reverses sustained tiy the army 
before Tcii, and the intestine disorders which distracted the dty, tlie Senate were 
thrown into great perplexity. On this emergency, a number of persons possessed 
of equestrian fortune, but who had not been cliosen into tlie eighteen Cenluriae, 
came forward and offered to serve as cavalry witltout receiving a horse from the 
■late, or the usual allowance for its maintenance." Their proposal was eigeriy 
accepted. In this way a body of Equites arot«, who received larger pay tbui 
the infantry, and whose period of military service was limited to ten yean, bat 
who received neither aes equeslre nor aes hordearium, and who were not admitted 
into the eighteen Cenluriae Equitnm. 

lAr.THTX.M. Ctc.daR.IV. I. HidnmnrktafZnirpl. Q Oe. d* pet. «u a 
a— wtlcll Cmnm In Ihi chipltr an tht Rgmin lUgiKnttm. 

LiT.xxix.n XXXIX. 41 XLiiL ifi 

Clfr t-a antnl. 4S. Vil Mu, IV. 1. 10. 

LIT. 5txixn. v»immIlu. ft 

Dioaf VI.I3. Llf. IX. «. V.L MUL II iL ». And, TIM. d* Tlrli 10. M. 



_ ,i,z<,i:,., Google 



DBSO EQITmER.' 101 

It mwt be Temuked that towardi the cloae of ths repnblie, althongh the 
cigfaleeD Centuriae were Mill kept up as a political bodj, the cavaliy of the 
Roman annies waa composed almwt enUralj of peraoui nol dtizeoi, and henco 
the EqaHa tijait privatU must have gradoally diuqipeared. Theac changss 
paved the ira; for a new bod/, which we now proceed to consider. 

Ordo E^BCHcr. — Ai Roroe rose and pro»pered, the number of tho»e who 
d the Equeitrian foitnne mult hare greatly exceeded the donsnd^ of the 
M ; and nhen the cavaliy wai oomposad chiefly of allies and auiiliariea, a 
clau of rich men was rapidly foraied, who were not Benatore, and not ambidou* 
of public diitinction, but who (ought to employ their time and increase tliur 
means by embailcing in mercantile enterprises. We be&r of such for the fint 
time as goverament contracton duringthe course of the second Punic war;' and 
when the dominion of the republic wns extended over Sicily, Greece, Aua, and 
Africa, they found ample occupation in fanning the public revenues, and aocomu- 
lated vast wealth. This body of monied men necessajily exercised great inSuenoe, 
and held an intermediate but ill-dcQncd poaition between the nobility and the 
haraliler portion of the community. Hence, when the struggles between the 
Optimatti Hud the Popularea became frequent and violent, the democratic party 
perceived how much they might gain by securing the hearty co- operation of the 
great capitalists and their retainers, and this object they effected by the bold 
m^asnre ofC. Gracchus, who, in B.C. 122 earned the La: Sempronia ludiciaria, 
in terms of which the ladicia. Chat is, the right of acting as juroisupon criminal 
trials, which had hitherto bera enjoyed by the Mnators exclusively, was trans- 
feired to those poesased of the Ceiuia Equeiter, i.e. 400,000 sealerccs. In 
this manner a deBnite form was given to the body— now, for the first time, 
called Ordo Equater, ' in contradistinction to Ordo Senatorita ; and all 
necessiiry connection between the term Erpiila and the idea of military service 
ceased. The Senate, however, did not tamely neign the privilege which ibqr 
had so long enjoyed, and for half a century after the passing of the Lex Sem- 
pronia, the battie of the Indicia was fought again and again with varybg eacoeaa, 
and a constant leeling of irritation was kept up between the contending partieo. To 
* remove this, and to bring about a hearty good ncderatanding between the Senate 
and the Equestrian Order, was the great object of Cicero's policy, who b»v clearly 
that in this way only could the anaulia of the democracy be repelled. This object 
he succeeded m aooomplishmg for a time, at the period of Catiline's conspinwy, 
which spread dismay among all who had any thing to lose. But the alliance 
proved short-lived, and the m^orily of the Orda EijueaUr throw themselves 
into the scale of Cnsar and the Populara. Pliny, in the first and second 
chapters of the th hty-third book of his NaturaUt Hiitoria, communicates much 
information with regard to the rise and jnogress of the Equestrian order ; bnt, 
as too common with that author, tlie matei^ are thrown together at random, 
and the ttatemeots, on many ptnnts, iireoondleable. The fdlowm^ sentence* 
fiom lb* seoond chapter seem to be distinct and trust-worthy : — ludicvm aatan 
appeUatione lepanrri earn ordineni prim omnium inaliluere Gracc&i diicordi 
popslarilaU in cotitamtliam SenatuM, moz ea debeliala, auetariliu nominu 
oario ledilionmn eventa eirea publieanot $uiMitil : el aliguaindiii teriiae ctrei 
puUieatU fiiere. Marcos Cicero demum alabilieil equeslre nonwn tn contulatit 






102 BASOSB OF THE EQDITES. 

tuo, a samtum eonciliaiu, txteie ordme pnfeetitm am oMirmu, atuqti* 
ctref peevUari popularitate qaaereni. Ab ilia Umport plant hoe ttrtium 
eorpiuia rrpublica/actimMt,eo^i^iieadiin SeneOui ftipiiJogiw iioBMBO e( 
Btfiuiler Ordo, 

■■•lv>'> *f >ba B^BlMap — Tbt ontwrnrd mub of diBtmction eojojed by 
the Equilea ind the Ordo EqasMenrere tb« following: — 

1. Anatjia aurau. — W« Ssd that ^Idai rings wen worn hj senaton 
all event! u urij u B.C. 331 ; for we are told bj L[Ty, thst among other 
demonitradong of public grief, when intelligence Arrived of the disaster at tb« 
Caudine fbrks — lati elavi, annttli aurei potiti. During the eeoond Pnnic war, 
Tie know that they were worn not only by senators, their wives and children, 
but also by Equita apw jniblico ; since it is to these that the historian mnct 
refer <when he infomu ue that when Hago eibibil«d to the Car^iafpnian Senate 
the three modii of golden rings taken from the slain at Cannae — adiedt demdt 
vtrbit, quo maiorii cladu indicium euet, neminem, nW eqvilem, atque eonnm 

nntm primora, id geren itaigne. According to Pliny, who HDtert into man; 
lU apon the n:bject of rings, the greater ntmber of the memben of tbt 
eqnestrian order, who acted at jnron, wore, even in the time of Aogustoi, an irrai 
ring only — maioT pari lufCcum tn ferreo mamio Juit — from which we conolnda 
that, after the age of Angnettia, the ctietom or right of wearing the ama^a 
aureuM extended to the whole of the Urdo Equenter.^ 

2. Amgiatra ciamu. — While Senators and Eqnitee eqno pnblioo had alike the 
I»ivilegflof wearing a golden ring, eenatoie alone had the right of wearing a tnnio 
with a broad vertical ilripe of pnrple (^latut cZattu) in front, the garment being 
hence called 7\imca Lnticlavia, while the timio of the Eqoitas waa distingoiebed 
by a narrow stripe, and hence called TSuaca AngustlclaBia. At what period the 
practice waa first introduced we cannot tell, unoe it is seldom alluded to in the 
daeaice, and only by writera of the imperial times.* We learn ftom Dion CaERDB 
that when the Senate, asamaikof wnrow, changed their dress, (^mulavii veitem,") 
thiaconnated in layii^ aside their official gaib, i.e.lheXaric2(iuia, and aai 
that of the Equites, i.e. the Angtutidavia, while the magistrates threw ol 
poiple edged doak, (Toga pnaltxta,} and appeared in the mantle of ordinal; 
■enabm. We hear also of a change of drees under umilar drenmatancee upon 
Che part of the Equitea and the po^aoe ; the fiinner would, therelbre, probablj 
^ipear in a plain tonic, while the latter would diafignre tbenwelvea with duat 
and aahea, and ao appear tordiiaU.* 

S. (^uituordecim Ordina. — In B.C. 67, L. Roedoa Odio, at that time tribune 
of the Fieba, paaaed a new taw, {Ltx Roicia ihealratis,) or, periiapa, rather 
revived an obsolete enactment, (see Liv. I. S5,) in terms of which, fonrteoi 
rowa of seats in the theatre, immediately behind thoee eocapied by the •enatore, 
wBe appropriated to the Ordo Equester — a measure so unpopular that it led to a 
riot, which was qnelled by the eloquence of Cicero.* From this time forward, the 
plinata — tedere tn qtiattiordecim ordiniina — in e^uile iptclan — tn eguettrHnu 
led/re — aerfere tn pulvino tquettri — are used to indicate a member of the 
eqiKBtrian order ; and the claancs are fid! of alludom to fioedua and his law. * 
Thia ordinaiioe^ it mnit be obaentd, eztoided to the theatre alone, and did not 

iut. ix.-i. c«np.Mxxin.)t. xxvLM piiD. HN. xxxm. 1.1. 

* Ovtd, Trltt. IV. I. aa. SncL Oeur. n. Luiprid. Alu. Bit. 3T. oonp. Plla, H.M. 

— xxxvin. nxL, te. lvi. »i 

CCIX. Clb FK Mann. J9. PhUlpp. IL II. ?lln. H.N. TIL » PtaAOabU 
IV. IK Jut. a. in. IS*. Tuilt. Jlmi. XV. n. 



t Ut. Epit ) 
a Uiir. Bpsd. 



BQDlVnrUR OBSU. 1^ 

wibnea tlw (Sum, ia wUxjb plaoe* were not wt aprnt Ah- th« Seuta *ni tiN 
cqoMtrian ordar nntil dNiagn of AngoUiu,' wboM ngnlatioiM npon tliis punt 
woe modified lud made mora com^dete bj nAMqneot empanin.* 

■VNMtfMB Ow^itr wa«r tkn Bm^ w . By the La ludteiana of C. 
flnediH aU penoni poweuing pmpectr to the Tslne of 400,000 MMenn 
bwtfuna, ipso fitoto, memben oT the Equertrian Older, and hgnoe, at aveneariy 
period, the bodjr waa inundated with liberated slaTce and perecnu, tAo, t^- 
dkrepntable means, had acqnired the reqninte nun. Thie sril wa* already 
ttzoaf^y felt in the time of An^aitna, who songfat, in sDme dt^jree, to obviate it 
bj intiiidndDg a new dirision among the Eqnitea themeelyes, and butitsting, M 
it wen, an upper cdan. ITith this btendon, he eet spart, nnder the nanM of 
EquiUt iltuMlTa, (lometimea called slao .guiles iplendUU,) thoee ftho were of 
dietingniehed doMent, and who posseaHed a fortone amonntiag to the qnaHBoation 
ia a aeuator. These he regarded as forming a aort of nnnery fbr the ScoatB, 
(jeBaTtoriuni lenaloi-) open these, while etiU yonthg, he beitowsd the inferior 
offleea of state, and permitted Ihem to wear, bj anticipation, the Timiea LatU 
etavia. To this clam Ond belonged, and, ai he tells ns himself, when he gave 
m all thoughta of poUtical dUtinction, and retired into private life, he wm 
ooligsd to exchange the broad for the narrow stripe — davi meiuttra eoaeta 

TheEqidla equo publico (laTing long ceased to be theeanbyof the aniitta, 
wonld have naturally disappeaied along with tite <Ilat*ei and Centnrue with 
irideh thsj were politicallj connected, bnt Angnstna revived them ; and while 
a portion of the Equita ilhutra were r^;uded as the itook ftom wfaieh 
tiie futnrs legislstora and atvil magiatrates were to spring, another portion, 
oonusting of those who aimed at miUtarf distinction, were sent ont as cadeta 
nnder the imniediale inspection of the chief generaht, and appointed to subordinate 
eommsnds, ioiTto acquire a piacticd kuowl^ge of their profession. Thii kind 
t^ aerviee was termed MiUlia Equatra or Stipatdia tplatdidae mXtiae; and 
the individuals thus employed fbrmed a select corps, the head of which wh 
s^led Princtps luventatii. This, however, was merely a reatorstkm of an 
andoit torn ; for -under the republic the Eqnites, as a body, ware eometimei 
distiof^hed as Principes Iiiventatu (Uv. XLII. 61.) Now, however, the title 
of Prtncepi luventutu was, in the €ret instance, restricted to two individaaU, 
Cains and Lncim CEeeiir, the gnutdeons of the emperor ; and from this time 
farward it was generally bestowed upon the heir to the impaial digni^, or on one 
cloedy connected with the imperial fiimily. Thus, it was borne 1^ Nero ftom the 
time of his adoption by Clandius, by Iltus, by Domitian, without any othv titU 
until the death of his brother, by Commodns, and by many othen. 

In reference to the remark ianotep.lDl,we have to obaerve that Livy makei 
ose of the phrase Etjuita Siiislrea when treatihg of the period of the eeoond 
Pmue war (XXX. 18.) ITemay readily understand, however, that the hiatorian 
emph>ved an expreseion with which he himself was familiar to denote what wu 
thm the higher ohus of Eqnites, viz., the Equiieg equo publico, without paying 
i^ard to the fact, that the designation did not exist aa a taehmoal tenn at th« 
qiDch to which bis narrative reftrs- 

Although we shall devote a separate clu^iter to the contideiadon of Aa oonatl* 

iDlaBCui.LV 
(TH«t.AniLX 
t OiM. Trin. r 



1 DloB Cui. LV n. LX. T. LXI. IS. 

-_ .. Plln. aN. VUI. J. ■Ht.Claad.tl.NM'. II. Dum. •. 



".OOglf 



tntion and dutie* of wh«t mftj' be denomiiuted the GiMt Comunl of 6Ut«, «« 
ouiaot conclude the pment notioe* of the order* tnd divinona of tbe bodjr politio 
frooi the eaillest times without afrng e for words upon tbe — 

Orl|lB af tha Bcnie. — The Senolut wu B ddboative bodj*, die membai 
uf which (Senators) held their office for lift, establialied for the pnipoee of 
adviting tbe kinge sad mpportia^ their authoiitj.' The luune a minifertly 
oonnected irith the trord Senei, and indicatea that thoae ouij were admiCted 
bto the bodf whose wiedoin liad been matored by i^ and long ciperieoM. 
Tbe title of respect by which the members were luiiallj designated was Palra, 
Le. Fathers of tbe State ; bat it mnst not be forgottmi that Uvj and thosa 
wriloi who treat of the earlier ages of the oHietitatioD, employ the word Palra 
to denote not only the Mnatorti, bnt the whole body of the Patricisni, the w(»di 
Patra and Pairicii being used, in many esses, as absolutely synonymous. 

EarlT HiMarr vf Ike mtmmtt—U is agreed by all, that Romulus chose * 
Senate oonsietiog of one hundred memliers. ' The prevtjling tradition declared 
fiutber that one hundred additional membere were added when an union waa 
formed with Titue Tatiua and the Sabines; but some wiiten maintained that 
tbe ingmoited Senate contained one hundred and fifty members wbile livj 
takes no notice of any moeaae upon this occiuon, but repiesenta the Senate a> 
orawating of one hundred only at the death of Romulus. Finally, TarqoiiUDi 
Maeaa increased the number to three hundred, addbjf one hnndred if ve supposa 
&»t there were two hundred previouaty, doubling the body if we suppose one 
bnndred and fifty to have been tbe fbnner complement.' We are farther told, 
tiiat the tenalon added by Taiqninlos were styled Patra Minorwn Gtntium, 
in oontradiatinc^on to the original senator!, who were now termed Patra Afai-\ 
erimi Gentium, namee which clearly point to a belief that Torquinius inoeased 
tbe number of the Patricians by the incorporation of new Gentes witli the old 
bcHuea, and that the new senilon were selected from the netr Genlca. * If wa 
■oppose the original one hundred senaton of Romulus to have been Ramna, the 
one hundred of Tatius to have been Tifiet, then the one hundred of Tarquinius, 
who was from Elnuia, wonld be Lucera, and thns, the three elements, of whidi 
lb* Pop'aliu BomamiM was composed, would have been equally represented in 
tiie Soiate ; but this hypothesis, although ingenious, attractive, and, at first 
ii^t, plauidble, is encnmbered by many serious and almost insurmountable 
djfflenltiea. 

Tbe number of three hundred, in whatever manner made up, seems long to have 
mnained the standard. We are exprnslj told, that at tbe time of the expulnon 
of Tarqiuiuaa Snperbua, tbe Senate had bwu so reduced in numbers by his cruelty, 
that it became necessary for one of tbe firat consols, Brutus or Valerius, to seled 
one bnndred and NXtr-fbur new members, in order to moke up the piopec 
amount of three bnndred (ufezpl«ret numerumKnatorumCCC,) These, aeoording 
to iJvy, were taken from the most distingnldied of the Equites, (primoriitw 
tnuatrii gradtu Itctit,) and therefore must have been in part Plebeians, and 
tnew Plebeian senaton were styled CoiiacripH, as beiog enrolled along with the 
Other senators, to whom, as Patricians, the title Palra properly belonged. Hence, 
the nnited bodj was at first described as Patra et Coiucripti, from which aroea 

K. p^ (» IHonn. IL ti. 
Clo. da R. 11 n. aekoL Bsb, In Clo. pn Boum. 



mE 8EKATB. IW 

d» title of Axn* Cetaeripti, emplcrred almoit invaiUUf , in later timoi, in 
■ddmslDi; tbe Senate, after the distmction indieated by the iertos bad Icng aiooe 
dtsat^Nared and been forgotten.' 

From thii time fonrard we have no definite infonnation with regard to the 
nnmber of aenaton. We are told bjr Aj^ian that Sulla, in order to recrnit the 
ranka of the Senate, wUoh had t>een greatlj diminished during the dvil war, 
added tbree hnndied choaeafrom the most dietinipiishedaf IheEqneetrian order, 
and we hare diraot evidence that in the time of Cicero tbe number must have 
been opwarda of fbnr hnndred and fifteen. ' JuIiob Ctesar, when dictator for the 
Ibnith time, (B.C. 45.) admitted ■ crowd of nnworth; penona, by whom the 
rnunber waa swelled to nine hundred ; and when Angnstua waa center along 
with Agrippa (B.C. 28.) there irere one thooaand. ' 

1 Ll>. IL t. DIODTL T. 13. Pint. FDpL 11. Rom. 13 ftR. !*. FciL I.T. flyi J'stm. p 
HA. rma\. Dlu IT. aUkH. p. 7. it Cfiueripli, p. 41. UdIcb w« inppoH tbit Plebalui 
filDtd idnluton (t thli llnri, ws ihtlL ba it i loii to ■coannt lar tho fut. ttist PlelwUu 
anranndlDtho SrnmU ILIt. V. l!.)lHfDn tfacT won cnlltlwl tn hold in; ot thox dAoh 
whloh nvOBfliuily rftva idmlulon to the bodj. 

Lin applld tha tcnn Cmierlfli to the *hoI* of tba mw aaniitan, witkoat ut apHU) 
rafEreBealDFIcManii but thaaipluutlon glrcn iboTalinot anljnitBnain llaafr, bnl ki 
(pllj boroa ont bj Iho word! of fnlns and Faulut Dlawrana. 

I Applin B.C. L IM. Cls ad Att. L It. tam^ OraL poaL nd. in Seo. ]& 

■ Dloa Cua. XLilL «T. LIL fi. BueL Oct. 15. 



3,a,l,;t!dbvG00glc 



KBRBEHCSS. 



REFERENCES TO CHAPTER II.' 



GENERAL BEFERENCES.-Niebnhr, Bm. Ouehichte, Berlin, 1873, 
L p. ITS, sqq. RubiDO, UiittrinchuTigen ufrer rSm, Ver/ataatg tma 
OachUhU, Koasel, 1839. Becker -Marqmtrdt, Hcmdburh der rOm. AUtr- 
l/iUmtr, Leipzig, 1877, IX. 1. Schwegler, Rem. OttdiiehU, L 11. Tubiosai, 
1SJ3. Luge, ROm. AUertMmer (3rd ed.), Berlin, 187G. Fiutef d« 
Coalangei, La ciU antique (7Ui ed), Paris, 1878. Mulvic, DU Ver/auung 
unif Veraallwtg da rem. Slaatts, Leipzig, 1881. Momnuen, SOm. 
GtKhichU (7tti ed.), Berlin, 18S1, I. p. 3, sqq. ; ROm. Staaltntcht, Berlin, 
1887. Gilbert, OstchiehU and Topographit der SUtdt Rom im AlterUium, 
Leipzig, 1883. Ucrzoi(, OetehichU mid Syatem der rem. Staattwr/atmng, 
Leipzig, 1887, I. VViUema, Le droit public Romaix, Puis, 188^ 

The Romans a Mixed People.— KaferanoM :—Schweg!er, Rem. 

Oeichichte, I. p. 195, aqq. PbhlmnnD, Die A^fdnge Rotiu, Erlaneen, 1881. 
Cnuer, Dt/abidit OToecis ad Romam condilam perlinentilm», BeroTini, 1884. 
Niese, Die Safje von der OrHndung Roms in Sybel'i Hiatior. Zeitachrift, 1888, 
p. 481, aqq. 



Curiae.— ReferanoeB : — Siorof, Ueber die rOm. Curien (Berliner ZeitBcbz. 
t. d. (Jymn.-w., 1862, p. 43.1, sqq.) Hoffmaim, PatriciKhe und plebeucM 
Curien, Wien, 1S79. Mominaen, ROm. Fortchungtn, Berlin, 1864, I. p. 14(^ 
•qq. Felliiun, TIte Roman Curiae (Journal of Fbilol. 9, p. 266, sqq.) 

Gentes FamUlae.— Roferencea :— Giraud, De la gentilue Romaine 
(Revue de legislation, 1846, p. 385, Eqq. : 1847,1. p. 242, aqq.} Mommsen, 
Item. Forachungen, I. p. 171. Bqq. Ravillout, Lu famUlei politique* 
d'Aikinee it lee genlee de Rome (Bevne do droit fr., 1862, p. 3SS, aqa.) 
De Bnggiero, La gens in Roma anaiUi In /armazioae del comune, Nkpoli, 
1872. iieta, Daipatrie. Rom, Berlin, 18T8. 

Praenomen. Nomen. Cognomen. Antomen.— BefsrenoeB :— 

Heffter, Ueber die rem. Pertoiten und Oeschlechle-Eigennamen (Zeitschr. 
f. Gymn.-w., 1863, p. 611, »qq., 6.% sqq.) Mommsen, ROm. Fortchnngen, 
I. p. 1, sqq. I^meyer, Dit neihen/otge der Eigennamen bei den Remem 
(Pbilologus 24, p. 468, sqq.) Msrqnardt-Man, Dot PrivaUeben der RUmer, 
p. 7, sqq. 



■ooglc 



107 

Cllentes. PatPOni^— HofWanom :— Momm»en, SBm. For$ehTtngen, 
L p. 31S, sqq. Hoffmum, Dtu Oeteb drr XII Taftln twm den Porcltn 
and Sanatm (Zeituhr. f. ooaterr. G711U1., 1868, p. 647, iqq ) Voigt, 
Urber die Cliertlel tend LibertinilSt (Ber, der k. tiiclu. Oes. der WismiscD., 
hlat-philol. Cluae, ISTS, p. 146, iqq.) LeUt, Dtu rSm. Patnmatirtcht, 
Eiitagea, 1879. 

PlebeS 8. nobs.— Beferonoea : — Ihne, Fortchungen «!(/■ dem Oebiete 
der TOra. Ver/tunaigngfehichlr, FranUirt %. M., IMT. TophofT, De 
pitbt Stmuma, E«Mn, 1856. WnUinder, Dt $tatv pC^bejorum Bomanomm 
onfe pnmam in montem tacrvm teceaaiomm quattliona. Upaaliae. IS60. 



J>tefii« Somanae apud Titvm Lisium, Parii, Ij 

Clients of later times —Hofmrenoeai—BenenDMiii, Die rOm. Clienten 

tinier den eretenrOm, Kaitern, Miiiirter, ISK, Mnrquardt-MKU, Privailtben, 
p. 204, Friedlaender, SiUenatichiehfe, I', p. 380, tiqq. Voigt, Ueber dit 
dienltl und Libtrlittitai (Ber. der k. siiclu. Gei. der Wisaenscb., bilt.-philol. 
Cluw., 1878, p. 174, aqq.) 

-.6 

da-rl 

Noblles. Ignobiles. Novl Homines. lus linaBliium.~Refereaoai: 

— Nsodet, De la nobleiee el det ricompenwe d'honneur cha let Somaini, 
Psrii, 1868. Diygaa, De Jure imaginnm apud Somanoa, Halle, 1872. 
Uommaen, JtlSm. (letcKidiU, 7th ed., I. p. T8I, aqq. ; SlaaUreeht, IIL 
p. 458, iqq. 



Local Tribes.— EafMonoet :—HomiDaeii, Die rSm. Tribtu in admini- 
ttraiiver Btstehung, Altoiut, 1844. Beloch, Der Ualiache Bund, &c., 
Leipdg, 1380, p. 7&, aqq. Kubitscheb, Dc Bmncmorvm trib\aim orlgine 
ae propagaiiime, Wien, 1882 j Id., Imperitim SoTacaurm IribiUim deicrip- 
fum, viodoboiiae, 1889. 

Classes, Centnrlae.— Keforences:- Huschke, Die Verfasaang des 
Stnmu TvUnu, Heidelberg, 1638, Rubioa, De Serviani eennu iiimmia 
ditpulalit), Marbu^, 1861, Ihne, Die Entttehung der Ver/atsimg det 
Seraivt TtiUiui, B<mn, 1867. Gens, Dit Serviani»fhe Cenfurientrer/antitn;/, 
Soraa, 1S74. SoltAn, U'.ber Enletehung und Zutammeruelmng der aUrim. 
yolktvertammlvTtgen, Berlin, 1880, 

juitvnt Soman- 
Jillnisa der tex 

migragia sur ram. RitUrtehofi (ZeiCscbr. f, Altert , 1876, n. 27-30). 

Niemeyer, De eq)atlha» Romani» eommetUatio AuCorica, Gryphift^ ISSl. 

Gomont. Let ehevaiien romain* depuU Somu'.tu jvtqa' d Oalba, Paria, 

1864. Kappes, Zur OeKhUhU der rent. Bitter unter dm KOnigtn, Fr«iburg 



108 REFERGNCEa. 

L Br., IS56. StdnUte, De tquitata Romano, Halle, 1S64. B«lot, HUlohe 
den rhevaiien romaina, Puis, IS69-73. Muller, Die EinthtUtaig df> ktvIo- 
itiKthm HetTt* and die Hex mffragia equilam (Philolagi^B, 1876, p. 126, 
■qq.) Genthcwohl, Die Seiler und die Centurioj eguiCum mr Zeil da- 
rOm. Htpiibtik, MUnchen, 1883, Momnisen, R&m. Slaabtr., IIL p. 478, 
•qq. 

Origin of the S6n&te, — Refsrenoeii :^Moni>iiaeD, RSm. Fortrliungen, 
1. y. SIX, aqq. ; 250, sqq., Slaattrecht, III. 2. Latttw, Delia eomposinone. 
dd KBOto romimo Btlf ttd rtt;ia, Milono, 186!). Willenu, Le tinat de la 
JUpablique romaitte, Lonvsiii, I8T8. Bloch, La origiiia du tenat romain, 
Pam, 1883. 



^oiizodbyGoogle 



I 



CHAPTER UL 



OS THE GENERAL PKINCIFLES OF THE ROMAN COKSTITIITION AMD 
THE RIGHTS OF THE DDTEEENT CLASSES OF PERSONS WHO 
rORMED THE FOFULATION OP THE SOMAN EMPIRE. 



ii (idifHM (naled qf Umufluta 



The Roman Stste, r^arded u ft bod; of man politicilly organued and in 
OccnpaiiOD or s oertun teniUr;, wu, from the earliMt period to which hlitoij or 
tndUion extend, reg:alated and cootnilled b; three powen, diitiuct from, but 
BOt iadependent of, eadi other, Thoe were — 

1. Tbe Ti^ ct the diuena (Civet} who fonned the Popvltu Eomanut, ta 
tzpteMcd in thur oonadtntional usenibliei (Comifui.) 

S, The mfigistratea (Magittratut.) When we speak of'the regal period, w« 
nay aay, tbe one supreme magiitrata — the King (Rex.) 

8. The Senate (Senatui) or great conncii of state. 

1. Civu. — The voice of the Civa or Popidua Romania, u expreued in 
their ComitiA, wu, icoording to the theory of the Roman oon«titation, aheolntdy 
enpieme. To them belonged the Sammum Imperium, and all power whatso- 
(ver emaniUd &om them dcher dinctlj or indirectly. The diieT poinu in 
wbiob tbe citiiena ezeidMd their power dhrectly were — (1.) Ja the enacting and 
iep«alingoriawi(icpeafcrtier<.) (2.) Inthe election i^magiatrates(niaourr(i(iu 
creare.) (3.) In the decUrati(»i of war, (btllum mdieert,') and tbe oonduuou of 
peace, (pacttn faeere,) tg wbidi we may add — (4.) In deciding, aa ■ coort of 
W appeal, all matten affecting the life, personal freedom, or permanent political 
prinlege* of one of Iheir own body (dt eapiU eivit Ramani iudicare.) We 
taay obaerve that (S) and (4) lie in reality induded in (1) ; for all qoeationi 
concerning a declaration of war and the ratification of a peace, aa well as tboee 
which inTolved the oiminal impeachment of a citiun, were Eubmitted to tba 
penile in the form of propooed laws (ro^Iione*.) 

finch were the powers of tbe people, as recogoised in tbe best period of tbdr 
hiitoiy,' and exermsed nntil the oomplete eaCahliihment of the imperial gorem- 
nent nnder Tiberins. We cannot, however, inppoie that these righta and 
ptivilegea were fhlly developed, understood, and enfbrced during the ruder 
agea (H the atate, when they must have reposed much more upon traditional 
nsage than upon written laws, and when the amount of power exerted by the 
kings, althongh oontrolled by pnblio opinion, as in tbe case of the early Greek 
eoDunonitiea and of Arab ti^>es, most have depended to a COnddtnUe uttnt 
opoD the temper and taloiu of tiia individual monaidi. 

tiiMiiilslljTntjIi TT II 

L ,i,z<,i:,., Google 



110 courru — vaqistkates — seitatb — citizbnb. 

It niiut be Dbaerred, moreoTer, that Ibn power of the people, rb eiercisad in 

thdr Comitia, was nt all timei limited b}r two restrictions, 

a. The Comilia oould not meet unlcu eummoued, according to prescribed 
formi, by one of the higher mtfutrates. 

b. In 10 far OB the passing <M laws was coQcemed, no privale citizen coold in 
theM assemblies originste any measure whatsoever. When called together, thej 
were asked (rogabanlur) to agree to some spedSo proposal, heoce term^ 
gmeiallj a Bogalio, and this they conid abaohitdy accept or ^wolutely reject, 
but thej could neither change nor modify it. 

2, Magiitratus. — The magistrates Rnmed the ezecntive, being individuals 
dioaen by, and responsible to, the dliaens. To them was introalea the iatf of 
administering the laws and eairying into eflect the orders of the people. For 
nearly two centuries and a-half after the foondalion of the city there was one 
tapreme magistral;, raised far above all others, who retained bis office tor life, 
and bore tbe title of Rex. Bat in the great revolution of A.U.C. S44, the 
reigning king was dethroned, the office abolished, and, instead of one cliief 
magistrate, who held bis power for life, two mi^trates, called ContuUt, were 
chosen, who were upon an equality with each other, and whose psriod of offioe 
was limited strictly to the space of one year. By d^iees, the various iiinetioiH, 
discharged originally by the king alone and then oommitted to the consuls, were 
distribnted among a nomber of other magistcates, new offioM being insdtnled 

3. Senatiu. — The Senate waa a ooundl of atate, interpoaed, as it were, 
bttween tbe people and the magistiales. Its duty waa to advise, althongh it oonld 
not control, die former, and to watch over and gtude the latter m the perfbnnanoe 
of the duties assigned to them. To the Senate was committed the nuuiagement of 
tbe public money ; and it dischsiged many most important fimotions oonsected 
with the administration of pnblio affairs, which will be described at large her»< 
sAer. 

We have repeatedly need the words "dtizens"and " Boman people" in th« 
above remarks, and before proceeding fiuthcr it is neoeaaiy to asoertun what 
oonstiCnted a Romanui Ciria. For this purpose we mnst consider the ohusiS' 
cation of mankind adopted by the Eomans, in so fbr aa political and social 
privileges were conoented. 

The first grand division was. into (1,) Freemen, that is, pataona powesiedof 
personal freedom, (tiberi,) and (2.) Slaves (tervL) 

Again, fne men might be either persons bom free (wgtittn) and who had 
never been in slavery to a Roman, or persons who had once baan slaves but had 
been emancipated (itbertiM.) 

Omitting, for the present, the coiwderation of Send and XtAartfnt, who will 
fbnn the subject of a separate section, we shall confine onnelveg to Jtigenui, that 
is, persons &ee and tree-bani, and who had never been in slaveiy to a Eoman. 

Ingtnui might be either (1.) Bomani Oftief, that is, memben of the Boman 
state, or (S.) Peregrtni, tl^ is, petsons not memban of the Boman state, or 

g.) Lat'aa, a class wiio occupied a sort of intennediate plaoe between Bomam 
vet and Peregrud. 

sxauM. ana. nw ciTru.Tia. 
The chancteristic ngfala of Boman dtiiou won divided inlo — 1. AUtM 
Ivra. 2. Privata Jura. 
The PiMiea lura were oanuiriiandad mder the three following beads : — 



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1. lut Sujfragh, the right oT voting in the p«pnlftr oitembties. 

S. iki Stmonan, the right of being eligible to all pablio officeo, wbtther 
dvil, militw;, or wcrad. 

3. ia* Pravocatioitit, the right of appealing from th« magistnda to the 
Comitia when impeaclted of anj crime involving life, penonal ftvedom, or a 
pennmieut Ion of political and eocial privilegea. 

The Privala Iitra were comprehended under two head* : — 

1. /tu Cotamitti, the right of oontTaoting a regaUr marriage. 

3. ba Commerdi, the right of aoqniriiig, tranifeiring, and holding propertj 
of all kinds according to the Roman laws. 

Any one who was m full enjoymeiit of all theae rights was a Cioa Optimo 
lure ; and tbeie righu, taken collectively, oonatitQled the /tw Civilatit e. In* 
Qutritinni.' 

It ia evident from what haa been aaid in the seeond cbi^tter, that, in tha 
eariieet ages of the ttate, the PaCridana alone were Civa Optimo Tare. The 
Plebeians did not enjoy the /w Saffrugii at all nnlil included in the Claiae* 
of Servinfl Tallin*. The Im Proiioealiomi was first bestowed upon them by 
the Lex Valeria, passed B.C. 509, immediately after the expulsion of the kings; 
they were not admitted to the Itu Connidni until after the passing of the /.ot 
Canuleia in B.C. Hb ; and the Iu4 Honorum was not guued without many 
desperate itrogglea, which were not tirought to a close until B.C. 367, wb^ 
the coDsnfadiip wa« thrown open by the Ltx Licinia. Within a few yean from 
Ibflt dale, In B.C. 837, the but oivi] barrier between the Patricians and iht 
Plebeianawos broken down by tbe adaiiision of the latter to the rriietor«hlp, 
and b B.C. 300, the Lex Ogalaia threw open the priesthood also.* 

Mode of acquiring the lit* Civitatia. — The Ju* Civitalii:, or, as it is veij 
beqnently termed, umply Civilas, was acquired in one of two wayg.-^ 

1. By birth. 2. By gift To these we might add, 8. By manomisrioni 
wbiob we sbaD discuss under the head of slaves. ( Ul tit nW aut nalta sA 
eporlet avt/aciia.) ' 

1. Clvas (IVbii.) — The child of two peraons who conid contract a regular 
marriage, ( ituluin matrimonium,) that is, who had redprorally the lut Ctm- 
nubOt was by birth a Boman citizen, provided both his |Mii«nts possessed thft 
Jw Civitatit. The poeition occupied by the children of parents who could 
not contract a regnlar marriage, in consequence of the absence of the lot 
Connuin, will be eiplabed fully when we treat of the law of marriage, 

(p. m). 

2. ClvM C»M«i.) — Fowigneri (peregrim) might receive the Civilai at a 
gifl, (dare amtaUai—^imare cioilalt,) tither iodiridnally or as members of a 
eomronnitj. The piwer of conferring this gifl, at the period when the CiBttas 
hdonged exdonvely to the Patridann. seems to have been vetted in the King, 
acting with the consent of the Comitia Curiala; and the rapid increase of Borne 
in the earliwt epoch, most be in a great meainre ascribed to the liberality with 
which this ^ft was bestowed, * numbers having been received freely mto the 



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j]^2 cinT.u — avrcAS nse sunrsAOio— aeuaiul 

nalu of tbe Patricians, ( per eooplationevi in ptitrei,) wlicn the paitiea bronglil 
•n aocenion of strcngtii lo the commuiiitf. One uf tlie most notable exampoet 
apon record was tiio admiwioii of tlie n'holo Gens Claudia, six jean after th« 
cxpolsiou of the kings. ' As the piiwer of Eomo extended, tlie privileges con- 
feired by CtvUas, became more valjed, were sou^t with eagemew and obtuned 
mth dimcullj. It was bestowed chiefly ss a reward for taithfol and efficient 
iervioes, sometime* on individuals, and occasionally on whole oommunitiM ; but 
during the more flourishing period of the commonweitlth, sn express law, passed 
regulsjly by either the Tribes or the Centuries, was indispensable ' Towarfs the 
doee of the repubtic, the people occasionally delegated this power to some of th^r 
favourite leaders, such as Morius and Fonipeius, while Sulla and Ctesar, whoi 
they obtained uuconstltutional supremacy, exercised it freely, and apparently 
without cliallenge ; * but this was aficr the privilege bad become less nlnable, 
in consequence of the admission of all the Italian states at tlie close of tbe 
social war. Uudcr the empire the power was assumed by the prince, and at 
length Caracslla bestowed the Ciaiias on all tlio free inhabitants of the Boman 

ClTltuilaa SBtfnBia. CnariiM.— It Bomctimeshappenedtbattlw Ciinttu 
was bestowed upon a stale, with a limitation excluding the lut SnffragU, and, 

■s a necessary consequence, the /ui Honorum. Tbe tirat example of this od 
record nas the honour couTerred upon the inhabitants of Caere, in oousequeiiM 
of their having received and hospitably entertained the Vestal Virgini and their 
Sacra at the time when Borne was captured by the Gauls— Airno* autem 
muniripa sine tuffragU iure CatriUs aie facUa accepimiu, concesxumqne illii 
ut ctBilatu Romanae koitorem guidem caperent Mtl negoliit tamm aUpit 
ONeritiiu iiacarent pro sacrit bello Gallico receplu ciutodiiuque * — and a umilar 
dbtinclion was granted to the Acenani, B.C. 332. — Eomani /aeti Acerrani 
lege ab L. Papirio pratlore lata qua cioitaa tine luffragio data. ' 

Aenrll.— But although the gift of the Civitas sine Suffragio was a hi(^ 
compliment and a valuable privilege to the Coerites, it was, of oonrae, a degra- 
dation for a cieis oplimo iare to be placed npon the same footing with them, 
Muce it impUed the loss of an important portion of his rights. Hence, one of the 
modes in whicli the censors marked their displeasure towards a citizen, was by 
omitting his name from tbe roll of the Tribe or Centniy to wbich he belonged 
and entering it in a separate register. Those who in this manner were deprived 
of the lui Suffragii were said re/em in tahaiat Caeritum; and Uoraoe 
designates men of small worth as Caerile cera digni. The constitntional name 
for this class of persons was Aerarii; bccaose, although reduced to an inferior 
position, they were still boiaid to contribute, as tax-payers, to the public treasury. 
The censors, when tbey inflicted tliis penalty, were technically said re/erre 

Other hand, when they reinstated an aerariui in bis former podtioD, etimert cs 
aerariit. * 

• DIodilvIm. lit. IU. si. IV. ( via II. da. pn B«lb S. B. 1 a. M 

• S« Cts. pro Bilb. t. M. SI. ud lodMd Uii wliolt iimch, pro Anh. ID. ad FUi, 
Xni M. DiSn Cut XLl ««. 

• Anl. GelL XVI. IS. Tbt Babol. Crao on Hot. En>. I. vl.n ilns a Hnwvlwt dUhrsM 
tcetanL Conipw**)!-"- " *» "" ■» 

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VDUSVUiO CAtmtt 113 

Thu leads tu to consider generallf die variooe wtf* in which the Cwiuu 
niight b« fbifdted or impaired. 

Capat. HiKiHii. — The Caput of an individual, in the legal phraaeolog7 of the 
Bomaiu, denoted his peraoou privilege* m a free man, as a member of a family, 
and as the posKeaar of certain political rights ; his Slatia was the poution wbioh 
be oecupied in the communitj in virtue of his Caput. Hence the eipreesioDs 
Crimen Capitate— ludieium Capilit— Poena Capitalii do not oeccBsaril^ imp] j 
a diaige, a trial, or a penaltj, in Tvhich the life of an individual was at Maka, 
hot one which involved the fbrtutore or abridgment of his political and looial 
righu. Any loss of this nature was termed 'Deminulic Capita, and nececaarilf 
pn>daoed ^Iiu Pertmitatio. 

The jnriets distiiigQished three degrees— 

1. Denmmtio CapiliM maxima. '1. Dtndnulia Capiii* minor. S. Stm^ 
nutio Capitii minima. ' 

1. Deminatio Capitis maxima consisted in the toes of pereonal freedom, 
which implied the loss of Civitai, for a slave had no Caput and no Slntut, A, 
Homan citiien might be sold into daver/ for Tsrioos offeoces connected with mili* 
taiy disdpline — for refusing to anewfr to Ins name when the consul was holding 
a levj ' — fur deauting to the enemT'-fbr mutilating hinuelf in puch a manner ai 
to beooma incapable of serving.* Several instances occur in Roman histoiy of 
Boman citizens being formally handed over by the Pater Patratui or chief of the 
Fetialet to an eaemy, (daiitio per /etiatei,) in consequence of the state refiwiie 
to raliiy the engagements whidi these pcraons had formed, or because they had 
been gnillj of eome breach oT public taitb;* and thus the communitj at large wera 
tuppoeed to be relieved from the sanditf of the obligation (exsolvi religiont — 
tit religione tolvatar eiviloi.) ' i. citizen might also be sold into alav^ ibr 
vilfdllj avoiding enrolment in the censor's books, in order to escape taxation ; ' 
ftd, according to the laws of the XII Tables, an insolvent debtor was liable to 
tte same pen^ty, ' but this was abrogated by the Lex PoeleUa. ' 

When a Boman citizen was Boleamlr given over to an enemj by the Pater 
Patratiu, it would appear that he forfeited his rights irrecoverably ; but if taken 
prisoDer in the ordinaiy oourse of war, they were only suspended. &o long as 
M ranmned in the hands of the enemj he was to all intenU a slave ; but if he 
was oiabled to return home, in consequence of release or escape, he recovered 
fail So/us, by what, in legal language, was termed PoitKmirdum or lut Poit- 

2. Deminutio Capilin minor implied loss of the Civitai, or at least of tha 
fnB Gvilas, withont loas of peisonal freedom. This might happen in various 
w^s. A Roman citizen might, in order to gain certain advantages, become a 
member of a Colonia Latina, or of another state, in which cases he ceased, ipso 
boto, to be a Boman dtizen, and enjoyed, in reference to Some, only those 
Tights which belonged to all the members of the oommonity to whioh be Utaobed 
UmaelC " When a Homan dtizen wished to escqie from tbe penalty incnmd 

1 On pMt ■BthorfiT her* U Oilu, L { ]s»-ieL —t Uk ITIbIu. IHf. IV. v. IL 
a Tuts id. Men. ar. Kitalaitt M Tmirfmim, p. II. ad. OA 

• Uv.EpttLV. 

• Val. Mu. VI. HI. X 8att OcUt, It. 

« *.■. LIT. Eptt. XV. XXXVni. a BpU. LTI. TiL Uu. TIlll.tlTLit.l.TLvl.4 

■ 4^. prs Cho. U dt OtM. 1. M 

T CId- pro Gaco. S4. ooBh Liv. L 41. 

■ An). OeR XX. I. (T. 

• LIT. VIII. ». 

WCIa.T>|i. IdaOnLlML ]}<|. XLIX it. h 
n (S*. VTO Bslb. IL pro Cho, a 

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til MJCBfuno aimn — uaAKUr—imioMnruL. 

bj ooDTiation m a eriiiunml tri^ or othenriae, he betook himaelf to wma tattiga 
oonntiy, in which case he w&e said mulare loltaa — verttre tolum — ire extalattan 
—ire in aaUiam — wd hii return vrin prevented, by an order oT the people, 
prohibiting bim firom tbe use of Gr and water, (a^uae et i^nii intfrdiclu),) w 
that he Tirtunlly foiftited all his political privilegGB aa a Booiau citiaen, unea 
be coold hare no opportunity of eiercifling them ; he did not ceaae, however, to 
be a Boman dtizeo, nnleas he procnred admiBuon into another state ; but if the 
intvdiotion was removed, (ei extiiio mocare,^ be might return and reanme hia 
former poeitioD. Tlina, ExtiUum ii Mid bj Cicero to be unknown in Somvi 
law as the name of a pnniahment — exiilium enim non mppliciam at sed perfu- 
gium portutque m^ptieii, nam qui voiunt poenam aliquant ti^terjugere aiU 
caiamitalem, eo solum vtrlunl, hoc at, tedem ae iocum mutant — and bo &r it 
b trve that sentence of Extilium was never paaMd ; but the going into banish- 
ment wu a voluntaiy act, although followed op by meaiuriB which rendared 
abMnce oompulBoiy. ' Under tlie empire, however, two fonni of banishment, in 
the oidinaiy acoeptation of the term, were introduced, and became oommoD. 
These were Rekgatio and Deporlatio. RtUgatio consisted in simply sending 
away an offender Finn Rome to some place more or teas distant, where he iru 
mmpelled to remain, enjoying, however, personal freeiloBi, and retaining hia 
Ciritiu. There was in this case no tupuie et igiuM iTiterdictio, and benoe, 
pnbably, tbe povtion of a relegattit was nominally better than that of an txiul ; 
ha Ovid, when tpealcing of hia own banishment to Tomi, and praiwig die 
clemency of the emperor, declares (Trist. V. xi. 31.) 

Ipse relegati non exsulis utltuc in ma 

Komine 

Dtporlatio, on the other hand, although it did not reduce tb« criminal to the 
oondition of a slave, was accompanied with personal restraint, for he was usually 
conveyed to one of tlie small rocky islets off the coast of Italy, or in the Aegean, 
wbicb were in reality Mate prisons. 

3. Bemiatttio Capitis minima was in no way connected with Libertat or 
Civitas, bat resulted in certain cases from a change of family (mjUatio famiiiae.^ 
Thus, a citizen who was his own master, (sid iuru,) if adopted into anothw 
fomily, became subject to paientai authority (patrta polatas,') There were other 
IHOoedures which involved the lowest Deminulio Capitis, some of them depeoding 
upon mere legal fictions, but these do not require notice here. 

lufamia, — Cioaely connected in its results, bat not identical with Capitit 
Dtminutio minor, was the state called Infamia. If a Boman dtizen was (bond 
gnilty of a crime which involved personal turpitude, (turpi iudicio damnatus,) 
althtHi^ the legal penalty might be only a pccmiiary fine, such as tbeft, 
(^rbim,) wilfiil fraud, {dolua moius,') aasault or libel, (iniaria,) of an aggra- 
vated description, or if he followed any disgraceful ocdnpation, such as the 
ptofesrion of an actor or of a gladiator, he became, in the eye of the law, 
Infamia, and incapable of holding any honourable office — turpi iudicio damnati 
omni honore ae dignitaU prioaiilur ' — although it cannot be proved, aa eoma 
cdebrated soholaia muntain, tliat he forfeited Uie lut Suffragii. 

Igaoniiaia, agaui, waa the result of the eipreeaeddiaapprobaitlon of tbe Genaota, 
and persons who incurred their censure were sud to be ignoBcinia nolati. This, 
in certain caaea involved die hws of the /us Suffragii ; hot, aa we aball esflaiB 



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The ierm Peregriniu, with which in tarly times Hbtfu (i.e. Btnnger) wu 
nmoiiTmaiui, embraced, in its nidest scceptation, evay one poneued of penonil 
freedom who mu not & CVcu Homanas, 

Generallj, however, Peregrmui wm not itpfdied to ill forei^Den indiscrimin- 
ateJj, bnt to thou penoni onlj, who, slthongh not Civea, were connected with 
fiome. Thos, duriog that period ot the lepoblia which preceded die orginio 
changes iDtrodaced bj the sodal war, tlie teim comprehended — 

1. All the free itdiabitaols of Ital; who did not enjoj Cmamerctum and 
Connubium with Rome. 

2. All the &ee autgecta of Some in the provinces, inoloding pcrtons belonging 
))j birth to fendgn slatea, bnt who had settled in the dominions of Rome. 

S. AH the free Botgecta of states in alliance with Rome. 

4. All BixuaiiB who had other temporarilj or penaaucntly fbriyted the CieUat. 

Persons who belonged to states at war with Rome, or to states which bad no 
league or cotinection with Borne, were not properlj stjled Pereynm, bat dthcr 
Hoiie», or Barbari, as the case might be. 

AAet the tomination of the sc^at war, all the inhabitants of Italj became 
C!iw* Rontani, and the term Peregrini was confined to those inclnded in the 
last three of the above classes. 

Pengrim resident at Rome were incsjiable of exercising any polidcal ftmctions, 
and, in the e;e of the law, had no civil tights. Hoioe — 

1. They had no !tKiis itandi in a court of law, and coold be heard only when 
represented by a ^(ronui, nndec whose protection tliey had placed themselves, 
(cut aat applicuusent,') ' like the Clients of the early ages, who appear to have 
occupied, with regard to the Patricians, a position in many respects anak^ona 
to that in which, at a hoer period, the Peregrini stood in reference to the dttzeiu 
at large. Bnt although fbrmaily excluded from the oonrts in their own person, 
Peregrini had no difficolty, during the last two centuries of the republio at least, 
in obtaining i«dres8 for dieir wrongs ; for, as we shall see hereafter, a jodge 
(Prutlor ptregrintu) and a conrt of oommissionets (Reeuptralorti) were 
qipointed for the special purpose of taking cognizance i^ those suits in whkli 
thdr interests were involved. 

2. They were prohUiited from wearing the Toga, tha nadonal Soman dreca. * 
The object of this restriction was probably to prevent foreigners from fraudulently 
intmding themselves into the assembliea of the people and exerciung tiie 



3. They could Le expelled from Rome as often as seemed good to the Senata 
ot people. * The object of this rule may have been to prevent them from taking 
part in any ^pnlai commotionB. 

Peregrim dediticii, a term to which ne most recor, denoted prcperiy the 
inhabitants of a foreign state, who, having beoi oooqnered in war, snrrendered 
at discretion. 

BotpiUum, Ho^>a. — Wa may take this opportcmity of adverting to a haai 



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116 

tiComaa irhioh fivquentl^ Eubiisted in aacient times between mdiridiuls belonging 
to diSereat iUtea, and trhioh u so often sllnded to in the clwticaJ writeis tbat 
it calls for explanation. In Ibe eariier ttages of societj, rapeciallj in Grecoe 
and Itnlj, where the population ooiuiatecl of numerous independent tribes con- 
Btantly at variance with each other, everf ttianger was looked upon with 
Rospicion, as likelj to prove an enemy or a apj, and cren in those casee where 
the penonal aaTety of a trarelter was not endangered, be most have Toand it 
difficult to Bupply hiswantnor procure shelter, in consequence of Cho absence of all 
places of public entertainment. Hence, it Ixwatne common for a person who 
was engaged in commerce, or auj other occupation which might compel him to 
«wt a foreign countiy, to form previously a connection with a citizen of that 
oonntry, who mi^t be ready to receive him ns a [fiend and act as his protector. 
Such a connection vM always strictly reciprocal. If A agreed to entertain 
and protect B when B visited A's country, then B became bound to entertain i. 
when A visited B'b countiy. An alliance of this description was termed Hospiiium, 
the parties who concluded it were termed Ho»piUa in relation to each other, and 
thus the word Hospa bon! a double siguifica^on, denoting, according to cin:am- 
staoces, either an entertainer or a guat. The obligations imposed by the cove- 
nant were regarded as of the most sacred character, and any treachery practised 
by one of the psrties towards the other (jocra hoapitii Umerare) was deemed 
sacrilege of the wont kind, enuulin^ tipon the perpetrator the direct wrath of 
Japiter Ilospitalia, the speda] guardian of these mutual duties, and their avenger 
when violated. Ooe of the parties might, however, break off and terminate the 
Hotpitivm by a solemn and public renunciation, (hoapititan ramneiare,') of 
which we have a curious example In Liv. XXV. IB. 

The league of Hoapitiam, when once formed, vas hereditary, detceodmg fh>m 
father to ion, (paternum hotpiliian,') so that pcnona might be ttospita who 
had not only never seen each other, but whose ancestors, tor generatione, might 
have bad uo direct intercourse. In order to prevent oonfueion, suspidon, and 
trand, when tbe alliance was in the first instance concluded, the puties inter- 
changed tokeus, by which they or their descendants might i«aognIse each other. 
This token, called tetsera hoapitalit, was careiiilly preserved ; and after any lapse 
of time an individual claiming the rights of Hoipilium in a foieiga land, sought 
out bis Hospa and exhibited his teaxra, which, if found correct, entitled £m 
at once to the good offices which he reqnired. We have an eicellent illustration 
of tbe maimer in which the system worked presented to us in the Poenulos □( 
Hautus, where a Cartliaginian meithant, Hanno by name, arriving at Calydon 
in Aolia, itiquires for bis Hospa, whom be bad never seen — 



It happens that AgorasMdes, the pereon sought, u actually present, and npon 
hia making himself known, the following dialogue ensaes : — • 
HasSO.— Si itn wt, teMsram 
lospitalem, eccam, atlulL 



-Agedt 

~0 mi ht- 

Pater tuua argo, Iioapes Anthldamos 



"Htsj—O mi honas, salTs mulcum . nam mlhi tuui 
STgo, Iioapes Anthldamos fujc i 
baii[dtalii tessera cum illo !>iiL 



AooK. — Ergo bio ipud me honutiiuD tib! piasbeUtm 
Ham hand repodlo hoipltlam. ' 

1 Fltut nwo. V. U n. 

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HOSTITES— lATDn. 11' 

BoqtiUton appcan to have been origiiiRllj conSned Co individaali, and to 
luiTe Men panty » private compact for natiial convenietice ; bat in processoi 
time, among both the Greeks and RoInanJ^ it became oommon for ■ state, when 
it desired to paj- a marked compliment to aoj icdividual, to paas a reaolntioa 
decUnng him the Hotpa of the whole communily. Such a peiaoa was tenned 
Hiapet Publictu. Thus, Cicero telle ns ^la Veir. IV. 65.) that the Senate of 
S^racose conferred this honour on his couem Lvciaa—Dceernunt slalim at aan 
L. fratre hospilium publice JieriL, and again (Pro BaJb. 18.) Gaditani cum 
L. Cornelio hospiiivm piddice ficerunt. So alab the Rhodian ambas^ora, iu 
tbeir speech to the Roman Senate, (B.C. 189. Liv. XXXVII. 54.) explain tbe 
position in nbich thej stood towards Eamenes by etating, cum gw) uno maxime 
regiita et privatum liagulU, el, (pttxl maga nos moixt, pubticuni civitaii noitrat 
homilium est. 

It is almost nnncccssary to point ont that Hotpet aad Hoipitium tie perpetaall; 
enployed in o general sense by the beat writers, the fonner denoting a tiranger, 
or a guest, or an entertainer, the latter the reception or eaCertoininent oj 
strangers or guests, or a place of eatrrtainrnad or sAeZler, without refeionea to 
the technical mcaiung. So also tbe adjective Hospitatis. 

It is well koowD that towards the cloee of tbe kio^ era, Some stood at tbe 
bead. of the Latin conftdeiatioQ ; and altboagih even then Comttbiuai did not 

aast between Rome and tbe Latin states, they must liave liad certain reciprocal 
righte and privileges, amoontmg probably to Conimerciuya. A&er Borne had 
OMsed to be recognised as the head of tbe Letin confederation, and an unbroken 
series of wara had removed all tiaocs of ancient friendship, the various Latm 
towns and states, as they one by one fell under the sway of Home, were admitted 
into alliance (recepti in tocielatem) on terms which differed for almost every 
individoal community. Hence, during the more flourishing epoch of the republic, 
the term Latini is employed merely to describe tbose inbabitaate of Latium who 
were not Soman citizens, and does not denote any uniform standard of rights 
nor any definite political position. But after the whole of Italy bad received tlis 
CiuiCas, at the dose of the social war, the term Latini was introduced by jurists 
to denote the inhabitants of states who were not Roman dlizcns, but who 
CDJoyed certain privileges, sliort of the full Civitas, in virtue of which they 
i^ied a position intermediate between Cives and I'eregrini. What thcso 
leges were is a question which has given rise to much discosaon ; but it 
S probable that tiiej comprehended the /ura Privala, that is the /us 
Cormubii and tbe Ims Coximereii, to tbe eiclnoon of the lura Publtca. 

The tffm employed to designate these rights was lut Latii or Latinitta, 
(Cie. ad Alt, xiv. 12 ) or sim5y £<Ki"Hin, for Pliny (H.N. III. 20.) mentions 
oertain Alpmo tribes uu Latio oonatL 

The lat Latii was bestowed, soon after tiie aocial war, upon all tbe Trana- 
padani, and by Veeiiasiiin upon all Spun (Plin. H.N. III. 4.) 

CHoedy connected with tiie subjects which we have been discuiung in tba 
preeeding paragraphs, ii tb^ political position of those toims which were desig- 
nated respectively by tbe terms Coloniae^-Mtaiicipia—Prae/ecturaty and tbnt 
wg shall oonsider in succession. 



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jU the Bbmtiis gndnallj cxUmdcd their coi:qiie3ti orer Itatj, each state wbicli 
had offered a detcnnmed reaistsni?« to their nrms, was, when subjugated, generallT 
deprived of a portion of its terriloij. A. part of the tenilory thus acquired 
was nanallj retained, "under the sdmininntion of the Senate, as a aotutM of 
revenne, and another portion iras tieqDeatJj divided among the poorer Romaii 
dtizau, who quitted Rome, established themselves in the chief town of the 
oonqtwred country, and took posseciion, as cultivator^ (whence the name coUmi,') 
of the land assigned to them. A settlement of this Iclcd was called a Colimia, 
and these being qiread every where aver the conquered districts, answered 
DUD}' important pttrpoees. Ttej served to keep the vanquished races in check, 
and wHe in reality so maoy pt^anent posts of occnpation, or, as Livy ana 
Cicero tenn them, gsrrisona, fbrtificatiooe, and waieh towers (proesidia — 
propugnacula — apeculae.) They, at the same time, tended to diffiise widely the 
language, laws and institutions of Rome, and to pave the way for a general 
amalgamation. They were excellent nurseries for hardy and nell trained 
soldiers, and, finally, they provided an outlet tor the more needy portion of a 
rapidly mcreaeing populataon. Indeed, in later times, after Italy and Cisalpine 
Gaul had been completely subdoed, cokmiea were vciy frequently formed with 
no other object than to make a provision for a poor and discontented populace ; 
and on many oecaaons, when there was no newly acquired lenitory available, 
a portion of the Ager PuUicvs, or land which was the property of the slate, 
waa given up. To this part of the subject we shall return when treating of the 
Agrarian I<awB. 

When it had been resolved Ui plant a colony, (coloaiara deducere,) a taw wa* 
paved in aocordanoe with a resolntion of the SeDate, (ex tenatus conmlto,) 
fixing the qaantitT of laDd to be set apart, and the manner in which it was to 
be divided. This law aerred as the foundation charter, (/ormub,) and spedfied, 
among other matters, the burdens to he borne by the colonists, and espedally the 
contingent of troops which tbey were to become boimd to fiunisb. At the aaiae 
time, commissioners, (curatores,) two or more in number (duumviri, triamviri 
agro datido — coloniae dtdticenilae agroque dividundo,) were nominated lo lead 
fbrth the settlers, and to make al! the arangements neoessary for carrying into 
effect the provisions of the law. These were generally persons of high standing ; 
they were elected by the people in the Comitia, and their office lasted for three aDd 
somclimea for iive years, ' daring which period they exercised supreme juris- 
diction. 

Those who were desirona to Jcnn the settlement were invited to give in their 
names, (dare nomina,) and when the list was filled ap and all the preliminaiiet 
arranged, the whole body marched Ibrtli in militaiy array, with colonis flying, 
(3«6 vexilla,) ' lo take possession of their new homes. When no dty or fortified 
place alreadj existed which they could occupy, a new town was founded with 
all the solemnities already described (p- 5) ; and one of the moet comnutt 
devices upon colonial coins is a representation of the founder tradng out the 
walls or the boundaries of the dty with the plough 

1 CddibK «iao>TTTi, Ut Antlqoo lun lUIIu. !n tht ThMurn>af OrHTliiii HnHB. 
OpM«il«,Toin, 1, p.aeo. Tom. IIL p. 79; H«dtto, Ue colonluum P.R. lii«rt emiiHtloiw, 
la bti Opninil* Acidemlu , uhI .Biiii. > t. CtbHua, In l<w EDCjolopudla d>r AlUm- 

leg.ifr.IMI.il. 



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Colonia, in M> br u thmr pdi&al pnTilegw were oonccnied, wen Sridad 

bio two cUnee — 

1. Colmiae cimxcm Romanonim, 2. Coloniae Lalinat. 

1. Colordae avium Jbmtanormn oonristed aiduiivel/ of Boouui dtbeoa 
(coloiri ab urbe musQ "ho retained all their rights and privil^jfes. The eolooiM 
fint planted wers of this description, anch » Velitrae and laivi—VoUeU 
dfncti* Vditerma ager ademltu: VeHtras coioni ab vrbt muri ti eolmtia 
dedueta. (liv, 11. 3\.) Senatus censtiil Jrequeru eoloTuam Lavicot deducendamt 
coioni ab urbe milU el qaingmti maii inna iugtra acceperanL (lit, IT. 47.) 

The Coloniae Maritimae belonged to this clan, being ctdoniea of Bwomi 
dtitena, and were dittinguished onTf by tb«r potnlion on fte eea coait, uid br 
•Onw peculiar exemptions which the inhabitant! (colont narift'nu) enjoyed or 
oUimed. (Uv. XXVII. 38. XXXVI, 3.) Oslia, Antinm, Anxor, HinttmiM, 
MnntBa, and uveral othen were maritime oolonies. 

2. Coloniae Laiinae ooniiBted of a mixed body of Romana and memben of 
■ome of the La^ etates. Id this caae, the Roman cltimu who joined andi & 
OOfDinmii^ nAred a demiimtio capilii, and loM the full dviitu; fi^thenoolonlw 
had «dy Commereium and ConiiuWum with Btane, bnt not Svffragittm. ' 
BatMoia was a edony of thii description — Bodem armo (3.C. 189.] a. if. ///. 
KaL Ian. Bononiam Latinam coloniam ex »enahu coniullo L. Valeriut 
Flaceus, M. AtilmM Serramu, L. Valeriia Tappae triximviri deduxentnt: 
tria vollia himmmn nmf dedueta : equitOmM teptaageaa iugera, eettri* cotonit 
qmqaagena turtt data. Ago- captui dt Oaiii* Boat fiarat! GtdU Tuteot 
txmderant. (liv. XXKVIL 67.) 

Both alike had a reguLir Korenuaent for the adminiitnitioD of Justice, ind 
Un regnlation of their intern^ aAira, which was an imitatioii, on a small loale, 
of tbe gonminent at Bome — (effigiti parvae simidaeraque populi Eomani — 
AnI. Gel). XYL 13.) They had a senate, the members of which were termed 
Vtettrionei or Senatorei. Their chief magistratw, usaally two in number, bnt 
sometimes firar, aad hence styled Dumnviri or Quatuorviri, were elected aonnslly 
try the Qolonists. and mij^t be n^arded as repreaoting the consnli of the 
rqnitdio, and, in fact, were b some colonies dengnated Canaukt, and in othoa 
Prattora. There wers also varions subordinate magistrates, snch si Qutn- 
qtunnalei, eorrespcading to Censon ; Aedilei, Qfcaeatoret, mi othen. Not 
<n^ their laws bat their sacred litee woe those of Home, and therefore the 
numilen of religion were Pontifieei, Flaminea and Augaret, as in tbe mother 
oi^— Aira batUutaque omnia popuU Bomani non ttci arbitrii habmt. (AaL 



inhabitants. How far the latter shared the privileges of the former it is impossible 
to deteimine ; but we cannot doubt that th^ occupied an inferior positian, and 
were compelled to exchange their own laws and insdtntioDs for those of their 
tnlers. In pnMesa of time, however, a certain degree of fusion woold take plaea, 
and in some casea we find that the nnion became so close that the oomblned 
population rerolted and attempted to throw off the Roman yoke. (Lit. Till. 14.) 
After the tenniuation of the social war and the passing of the Lex lulia aad 
tbe Lex Plautia Papiria, the diatindious between the Crdoniae civium Rom- 
oaoram aod tbe Coloniae Latinae, as well as any ineqnality in tbe eoeial tad 

> Cla. pro Cho. SS. OnL prs daiiL 10. LIt. XXXTT.n U.XZXT. t. XXZIZ. 



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m 

pditiad podtioii of tbs £fib«Dt noes in the iime cdIodj, wen completeir 
nmored, in so bi u Italy was ooncenied, and all alike wera odmiUfd to a f^ 
ptitiiBpai^oa in tbe rightt and pririlegM of Koman eidzeni, and the Min« 
■dnntage* vera gradiuU; ezt«oded to the coknies in the proTinoes, until, hy 
the edict of Caracana, tbe fiUl Cietfot was beitowed on all tbe &ee inhabitant* 
of tbe Soman empire. 

Ckilomae Mililart». — Although the ooloniee desoibed above were bighlj 
IMticeabla in a militai^ point of view, ihoj difTered in their origin from tbe 
OrfmfiM Miliiara, which were oomposcd entirely of veterans, who received 
aUotmenta of land ai a reward for tlidr eervitxe. The firet example of a oolunf 
of this deBcriptioD waa the grant to the soldiers who, under the command at 
8oi[no, broaght the second Pnnic war to a happj oondndon ; bnt tbe practice 
did not became oommon until towards the close of the Tepnblic, from which time 
ibrward it was the onlinarj mode of providing for tbe legionaries wbcee period 
ef service bad expired (Tatdt. Ann. 1. 17. XIY. 27.) The oppression and miserr 
to which these distributions gave rise dnring the dvil wars of Marina, Solla, 
Cssar, and the Trinmvirs, are bmiliar to every reader of bistory ; and the 
downfal of the lepnblic was certtunly hastened by tbe estrangement of Fompeios 
fiom tbe Senate, censed by the opposition wbidi they otfered to hia sdieme of 
dividing the public land in Campania among tiie soldiers who bad saved ooder 
his command in the East. 

After the accession of Angostos, the military colonies were planted in the 
provinces as a matter of necessity, and not uu&eqnently on tbe distiit1>ed irontieia 
aa a matter of policy. 

finally, it is to be remarked, that tmder tbe empire, various provincial tofma 
were permitted, sa a mark of iavonr, to style themselves Colmiae, tbe wwd, 
wbea tbni empbyed, tieing merely a oomplimeatary title. 

iromciFiA.' 
Many towns in Italy, eqwinally in the immediate vicinity of Borne, formed, at 
ftve!7earlyperiod,anal]iancewiiliRome,iipontenns of perfect equality; (/oeduM 
tumaim;) many others mbmitCed to the Roman arms without a straggle, or 
jielded after a slight resistance, or saoceeded aftet' a protracted oonteet, in 
Beoaring an honourable treaty. The whole of these were comprehended onder the 
graeivlnsmeof Muntdpta, and their inhabitants were designated as jlfumeipei^ 
wotda oompounded of Munia and Capere. Two chaTacleristica were common to 
all Monicipia — 

1. The inhabitants of a Jliunictptinn, if they came to reside at Bome, were 
liable to the same obligations and bnrdens (muniti) as ordinary Roman citiMOS, 
and hence the name. 

2. The Municipes themselves administered the internal affiurs of thdr own 

Eventnally, all the states of Italy which were not absolnlely annibilaled in 
war, or held in check by colonies, or aotnally incorporated with and swallowed 
Dp iff Borne, so as to lose all indniendent existence, (such as Arida — Caere — ' 
Anagnia,) entered into an alliance (foedui) of some sort with Bome. Tbe term* 
of this league would necessarily vary aooording b '' ..■...>. 



I r* HDaldpiiL K< 



Mhu, Kn.V] 



121 

iBfirUail cue ; and a nraUtode of mionM ^gtinctioiu and giadatiMU wonld 
and did prevail In tbeii paaititm relativclj to th« m^c power. The eaine state 
migfat, moreorcr, ooenpf a very diiTereat positiou it dilierent periodi in conse- 
qoenoei^nodTiag; additional privilegeg lu a rennrd of fidelity, or in coiueqnenoe 
a bang deprived of fonner Etdvantageit ns a pnoishmmt for diiaffection or revolL 
Of the Miter we have a oonepicaonj example in Capaa. 

Ahhongli it i« now impoedbU to aicertain what these dittinctiona ma; have 
been Id each paiticntar caee, we can, at all erenti, divide Manicipia into three 
well defined clBuee. 

1. JUmiidpia enjojing Iwnolitj. In these there was aimply an alliance on 
equal tenns betweenEoineaDaoneof the ndghbonring towns, in virtne of which 
Connabiitm and Commtrcium were established, so that intermarriage waa f^eelj 
allowed ; and if a cidsen of one of the two itatee forming the leigno look up 
hie leaidenoe in the other, be enjojed all the priviiegm of a nntive, in eo far ae 
private rights were conoemed, bat waa exclnded from tbe popular aseembliee and 
from bU share in the goremment. This relation is ver; similar to what the 
Gre^ termed IsitTsKfTHW, and hence the name given above, whicli has been 
adopted bj manj modem scholan as convenient and appropriate. To this class 
bdoi^ed the lHunicipia of the earliest period, and in it were incloded the Latin 
and Hemican towns, with which Borne fonned a vei7 close contiection in the 
treaties concloded bj Sp. Casrios, B.C. 485, and B.C. 479. But after the great 
Latin war, (B.C. 340,) qnicklj followed b; the complete intifugation of lAtium, 
this dase of Mnnidpia may be said to have disappeared altogether, and the 
laopolite treaties to have been cancelled ; for althongb some towns may have 
Dondoally retuned thur former position, their most important privilege, namely, 
indoMndence in their fbreign relations, was now lost ; and from this time forward 
all Muittcipia, however iavonnble the terms of their alliance, were in reality the 
■lUects of RWe, and necessarily bdonged to one or other of the two foUowing 

' — These enjoyed CtmmAium and Ctmmereitm 
n the popnlar aasemhlies, nor be elected to any 
poGtieal office in the dty. They retain^ the internal regolation of their own 
affiun, whidi were administered by a senate, (^decuriona,) elected th^ own 
magialiatta, adnuntstered justice according to their own local laws and nsages, 
Hew mvnie^MUa,') and worshipped what divinities they pleased according to 
ualr own rites (nntnictpalfa tacra.} 

B. Mtoueipia aim Suffragio enjnyed the same privileges as the fbregoing, 
with this additim, that all the Afunicipu were entoUed in a Boman tribe, ami 
aoeoc^ngly, when resident at Bome, were Cives Romani optimo jure. To this 
das* beloDged Tnacnlmn and Aipionm ; the inhalutants of the former were 
enroled in tbe Tr&nt Papiria, of tbe latter in the TribuM ComeUa, (Uv, 
raL87.IXinil.86.) 

It is a matter of some doobt whether the Hunidpia belonging to this claaa 
wen not eompdled to adopt the Boman laws, to the exclusion of their oni 
fcovindal coda. It is certain that some did, although this may have been 'a 
vofamtafy act, and it is clear that all Municipia most have been bound by all 
bun eoaeted at Brane which did not refer to mere local interests. 

The inhabitants of Manicipia cum Suffragio being all enrolled in Soman 
Ubca, would be liable to pay taxes and to serve as soldiers in the legion on 



Sm Ut. IX u u. 



. ,l,z<»i:,.,G00gIf 



1S2 mnmnniL-^pnAxncruiiAK. 

the Mine footing as ddxens aetoillf residing in Rome, while tlie obligmtioDa 
imposed upon the other Monidpia frere determmcd hy tho etipalatioiiii eonUioad 
in thdr treaties of nUianoe, (ex /oedere,) and thoie of the ooionies by their 
finmdation charter (ex formula.) Hence, the Municipia tine Suffragm wem 
to have been comprehended nnder the general title of CivilaUs Foederatae or 
PopuU Foederati. • 

niBBicipIs Bller Ike H*cia.I IThp. — With the Lex lalia and the Lex 
Plaulia Papiria, both pasaed immediately afUr the social war, a new ent 
commenced in the history of the Municipia. All the cities in Itoljnow beoame 
Municipia cum Saffragio; and the disdnctions between Muttieipia and Cohniat 
were, in a great measnre, removed. Thus, we find Placentia, Cremona, Saena, 
Thnrii, * and many other colonies eljled Munieipia after this epoch ; and 
although the term Coiania was still applied to towns in Italy even snbseqaent 
to the reign of Angoetos, it was more nenally employed with reference to the 
provincial colonies. In process of time, many cdties in foreign eonntriei, 
eqMoially in Spain, were raised to the rank of Municipia., * imtil, by the edict 
of Caracalla, bestowing the CivUoi npon the whole of the &ee inhabitant! of tb6 
Eoman world, the ptivileges implied by the name were extended to all. 

FspBll Fmdl. — It wonld appear that the Ltx luUa moely offered the fhll 
Civitas to those towns in Italy which chose to aooept of it ; and when the ote 
was accepted the inhabitants were said to hecome fandi, (Le. aaelore*,') to 
become parties to the law in qaettion, and haioe the term PopuU FondL To 
this Cicero sllndee when he says — accaalor . . . -negat, ex foederato ^opvio, 
^uemqaam potuitae, hist is fopclds Ftnii>us tactus bsset, in hanc mnlatem 
uenire. And again — Ipta deniqae luUa, qua lege eivittu ett SoeOs el LatinU 
4aCa, QUI fundi pofuli facti kos Bsaetrr, civilatem non haberenL In quo 
magna contealio Heractiensium et Neapotitimorant fait, earn tnagna pars t^ 
» cioitaCibtis foederit rat Uberlalem eivitati ante/eml. ' 

PKAEraCTUKAE. ' 

The characteristdo of a Praefectura, from which it [eeeived its name, and bj 
which it was distingoished ftom on oidioary Colonia or Munidpium, was, that 
the chief magistrate was not chosen by the dtizens of the town, bnt that a 
PftAETBCTua luri dieundo was sent annually from Rome to adnunister jostioe — 
a drcnmstanoe which seems to indicate that in such towns Roman law was 
employed exclasivelj, lince a Roman officer, appointed aimnally, ootdd scarce^ 
tuTe been qualified to decide controveruee accenting to the principlea and piaotiaa 
of a prorindal code. The definitioo given by Festns is clear and eatisfiuitoi^'— 
Prae/eduToe eae appellabantur in Italia in quibui et tut (ficeteftir ef nrndmaa 
agebantur et erat quaedam eartim res puUica, neque tamai magittratiu laot 
liabtbant: in guat his Ugilna praefecti mitl^ntur qaotanttit qidim diceitltt.* 
Consequently, all towns in Italy which did not enjoy the privjlege of eleotiiig 
their own magistrates and adminiatering their own affairs, wonld fall nnder tlw 
bead of Prae/eeturae, Bnt allhongh this seems anqoestionaUe, ^mtc app««i to 



S«pkrt1niUrixI.lT. 


IX. 43. 


1 do. tn Flun. 13. Fli 

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■H Rgekt/, fre. Bnt polDtcd out Oh 
..... - , jyotenKiUiHy lUiTlg, iDblK 

• F«Mu LT. finuflttim, p. OB. 



pxAEiccnmAz, &c. 133 

to DO good gnnmd* tor U»e condiuioa ai which all th« ettGer utilen on RoniM 
iBtiqaiciM faftve armed, that a Fre/ectura waa necessarilj' in a po«ition &r 
infenor to a Colonta or a Mutticipium. It ii tme that Capno, the examplo apon 
whieh thoy cbieflj relj, waa made a Pratftetura, when recovered after iU revolt 
to HanoilHil ; and it is evidoit, that nhen a Colonia or a Municipiuia waa, ai a 

Ciahment, deprived of ttie tight of adininiateriog ita uteroal affUrs, it mutt 
e become a Fraefectara. Thna, when after the revolt and captnrc of 
Privenrnm, (Liv. VIII. 19-21,) the inhabitsnta became Boman dtitena, vre 
cannot doubt that th^ loat all right of iotemal government, and that their toMi 
becnne a Praefeetara ; and toniething of the tame tind took place with regard 
to Aaagma (lir. IX. 43.) But, on the other hand, it is eqnallj certain that 
man]' towoa woe Praefectarae which never incnrred the diapleasnre of the 
Romana, and irtiidi oonld not be regarded aa holding a degraded or inferior 
poution. Toltnraitin, Uteninm, and Pateoli in Campania were all Coloniae 
citriam Bomanonsm, and, at the tame time, Prarfectm-ae. In tike manner, 
Fmidi, Fonniae, and Arpiutm are included io the liat of Praefeetnrae ; bat 
Iheae were at flnt Municipia sine Saffragio — they then became Municipia 
cam Suffragut, and may veiy poaaibly have passed into Praefectarae when 
they adopted tiilly the Roman oode. Id Uke manner, we shall find in Festna 
several towns specified u Praefecttirae which are elsewhere mendoned Jts Huni- 
d[na, some with and some without the SuSrwimn. Moreover, altboogh all 
townt which poesetsed no independent jurisdiction were Praefeetnrae, it by no 
means follows that all Praefeetnrae had entirely forfeited iatemal jniisdiction: 
the only fact indicated by the name being, that the chief magistrate was % 
PraefecCni, sent from Rome instead of the Dnumviri, Qnatnorvin, Consnlea or 
Praetores of ordinaiy Hoiucipia and Coloniae. Vo may conclode, tberetbre, as 
in the case of Hnnidpia, that the term PraefectDra inclodes a wide range, and 
thattheactnalconditionof the towDa where justice was administered by Pnefecti 
would depend entirely upon thnr history. 

We gwter thtra the pmage in Featns already refbrred to, that there were toi 
Praefecturae iu Campania,, and that, for the admiuiitiation of jmtioe in tbeae, Ibnr 
PraelecU were appomted aonoally by the Roman people ; while the Praefecti lb' 
the otho' Praefetturaa toatteittd ov«r Italy, wa« nominated amioally by the 
Praelor Urbaniu. 

After the passing of the Lex Itdia and the Lex PlauHa Papiria, all Prae- 
ftontM in Italy, as well as the Hnnicipia and Coloniae, recdvei) the fnll Civilas. 
Great obangea were necessarily introdaoed, at this period, into the internal 
adminiitration of the provinoul towns ; and although many retained their 
ancient title of Praefeetnrae, they were no longer under the jurisiUction ot 
Praefeoti. The magistrate of Aipinnm, in the dme of Cieero, were Triumviri 
aedUiciat potatatit ;^ those of Curoae, Qaatnorviri;^ while Horace speaks of 
tPratlor Ii Fundi;* yet all of these at an eaiUer period were Praefectarae. 

«»ppM«. Vara. CaaclUaliMlab Tlel. OnMelia. — Each of the Coloniae 
ifunieipia and Prae/eeturae, was, tor the most part, the metropolis of a con- 
sideiabki district, which contained mnnerons smaU market towns and hamleta 
distingnish»l by one or other of the above name* ; and these ooonpied the samt 
dependent pomtion, with regard to tbdr own Hnnid{^nm or Colonia, wUab 
the villages round Rome ocenpied in r^ard to the great d^. 



I Cig. •< FUL XHL II. Tll.HuVlIxIt 



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SscU. H*H«B IaiIbbk. — Doriog the period wtudi intervened between Ih* 
Complete tabjnj^on of lUlj and the aocial war, the citixenj of all thoH Itslian 
itatea whose members did not enjoj the full Roman CiiHtcu, irere comprehended 
imder the general appellation of >&icii, a, term lubseqaentlj applied to thcmlgects 
of Borne in the prOTinces also. In consequence, hovrerer, of Uie close connection 
which had subueted from the earliest times between Rome and the Latin con- 
federacy, the oitiienB of the towns who fbnned tliat leagne, and of the Colonial 
Xofincie, are Bometinies di^Cingnished from the rest of tbe Soeii as Latini—Soeii 
Lalini — Nomen Laliaum — Soeii Latitii nominit, and mnat be carefully distin- 
guished Irom the members of those states who, ajUr the social war, eqjojed the 
l^ial rights designated as lut Latu — Latitiilas — Latianu See above p. 117. 



elasMS of persona subject to the dombion of Rome, in so far aa Ingermi 
oonccmed, we proceed to consider the condition of those who were either actually 
in slavery, (tervt,') or who, havbg been once slaves, had obttuned their (i-cedon), 
(liberlini,) reserving all fiuther observations with regard to the &ec inliabitanta 
tf the Roman provinces, ontil we diall have given ao acootut of the Boman 
ma^atrateB- 

8ERY1. ' 

A slave, when regarded as a person bonnd to obey the commands of a master, 
was esUed Servai ; when regarded as a piece of property, MancipUtm ; when 
regarded as « saleable commodity, Venalii; when regarded as a domestic, 
Fanadas or Paer ; but these words, in ordinary language, were considered 
interchangeable, and were employed widiont distinction. The whole body of slaves 
in one mansion was comprehended under the designation Famtlia. One slave, 
however, did not constitnte a /arailia, nor even tvro, bat fifUen certainly did — 
Quindecim Oberi homina, papalut at ; totidem semi, ^milia ; totidem m'nctf, 
ergaitulum ; but the term may be applied to a smaller nnmber, as by Seneca, 
lo a body of eleven. ' 

Persons might become slaves in different ways — they mi^t be bom in tba 
aervile state, or, having been bom free, mtglit be made slaves — {strci aat 
nascuntiir aulfiiint') — 

1. By Birth. — The child of a female slave (aneUla) was a slave, whatever 
migbt be the condition of the father, and belonged to the master of the mo^ier. 
It was held, bowevo', by the lawyers of tbe em^dn, that if tlie mother of a child, 
altbongh in slavery at ^e peiiodofiu birth, had been free for any time, however 
short, anring tbe ten months which preceded its birth, then the child was to be 
iwai^ed as free bom (ingettuiis.) A i1bv« bom in the boiue of his master ms 
caJled Verna. * 

2. By Caplipiti/. — ftisoners of war (eaptivi — beiio capl!) were, by the 
udent law tf nations, the absolute property of the captors, and, as snch, were 

iDf tiM XomwH It all pariodi of (h*(r hia. 

■nnuurui' ropm. ua openi MTTonm. unai. ColnnibuiiiDi Llbntonini ct Serroniia 
UtiU AaCoMM. Bull. An inqnlr) iDtu On ■UK Df Iwitr) waoag U» RoBuni, Edlnh. 
lan. Bbcui, OiUiu, driiur Eimn. nir I. B«nt. Obihi, S* a>nli BDmuioram 
Bablloli, B«nL ]M4- TIh thm flrat niaiitloiMd truiti will bs tvaoA Id tba BnppLamant of 
y n l anm «a tba TSwaarqi of OratrlB*. Sag alio Appandli. 

a Cia. pro C aaa ln , IS. DlnaL L. xtL 40. ApiilaC Aaaigt. 481. flancA. Epp- ST. 

SOIa.SaN. O. IIIIS. DlfiaL L *. 5. XL.U. IS. IniUt. jL a 4. ForaoBwar-"- 
MaTa«it Ann.Xll. u. Sum. Veap 11. Galni L | IS-S& Ulplan. ItafnL V. 



■uvza. 125 

•Uber rot^oed for tbe icrviee of the state, and emplojed ia public iroriu, or 
woe mU b; inctioii. The practice, !n carij times, was to expose c^i^res fbr 
Mle with ehapkti roimd their heads, and hence the phrase, tab corona vendert 
a. eenire, i.e. to tell, or to be sold, for a ehive. The chapJet indicated that tbe 
eeller «ve no wammtj (id autem rigaam e$t nihil praesCari a popalo.) ' 

3. By Jadiaal Sttttaux. — In certain casea freebom Roman citizeni vers 
condcmoed to be sold aa alaves, as a punishment for heinoua offences. 
See above, under Devuautio Capita maxima, p. 113. 

f;«kdltl«B »Tm siarc — A slave bad no puBonal nor political rights. He 
WM under tha absolnte poncr {dominium— polataa dominica) of his master, 
(<£)Bitnu#,) who coold BcouT^ brand, torture, or put him to death at pleasuic 
Under the republic there was no restriction whataoerer placed on the caprice on 
cnieltyof masters, except the force of public opinion. An attempt was made bj the 
emperor Clandins to put a stop to some icvolling barbarities in relation to the 
exposure of sick slaves ; but it naa not until the reign of Hadrian that a master 
was forbidden to pat his slave to death, urdess condemned b^ a court of justice — 
an ordinance confirmed and enforced bv Antoninus Pins. ' The Lts Pttroitia, 
of uncertain date, bnt probably belonging to the r^gn of Augustus, in terms of 
which a master was prohibited from compelling his slave to fight with wild 
beasts, seems to have been the fint IcgisUtive enactment of a protective char- 



icnkimn. ' The offering of these alUaocea were the Vernae. 

IfMMc* given !• slare* — A slave was named aeoording to the faaof of his 
master, not in the Roman fashion, however, with Praenomeu and Nomeo, bat 
fiom his oountrv, or some other characteristic, or in manj cases the name waa 
altogether fanciful. Hence such appellations as Syna, Phryx, Geta, A/er, 
Tiro, Davits, Dama, Caslor, Croata, &c. In the earlier ages, the^ seem to 
have received a dentation from the name of their masters, thns, Morcipor, 
(Le. Marci puer,) Qirinhfwr, (i.e. Qjanti puer.} iuripor, (Le. Liictpuer.') 
See QuintiL 1. 0. I. 4. g 7. Plin. HJ4. XXXIII. 1. 

IiOBrlH ■• HiBve* A slave being regarded as a thing rather than a perscHi, 

if he were insulted, or assaulted, or killed, the law did not regard this aa a 
imag done to the slave, bnt to his master, who might bring an action, under 
tbe La AquiUia, for the mjur}' suffered b; his property.' Again, if a slave 
was gniltf of anj offence against the propertj of another peiaon, such aa theft 
or assault, the master of the offender had it in his option either to moke com- 
pensation to the bjured party, or la give up his slave to be dealt with by the 
poblio authorities — dondno diimnati permiitUur ant littM tuM^matiotiem tafferrt 
mit hominem noxae dedtre. ' 

PhbIIbh. — It follows as a necessarj consequence, (roxa what has be«Q said 
above, that no slave could acquire property independent of his master, and that 
if a slave obtained poeseaaion of money or objects of any description, his master 
might at any time seize and approfnate the whole. ' Bnt altbongb this wm 

I AiL Oill. vn, 4. Ful. i.T. JytagnM,p.3M Uv. V.U. 
I Oilu 1. 1 M. M. Hum. CiHd. «a. DtonCw ~ ' 

sabi. oeir. V. 14. DiKn.xviiLLtt.XLV 

4 FInt. Cu. prol n. 
SO^MlIL IIJI. DlUHt. IX. II. 

• o^BiiiLtmiv. t7& innitiv.s. 

T OalH I. i St. IL i n. Dl^u. tnt. XIZ. 



by Google 



lliR letter <£ the law, it iras almost onirenslly the pnetioe to allow » dan 
to retain anjr propeitj which he might have aoqoind hoiuatlj. The hoard 
formed in tliia mamier wu termed the Pecv\ium of the abve, and sometimea 
amotmted to a snm which enabled him to purchoie lua freedom. ' Ocoasioaallf 
a slave purdiaBed a slave for himself, who was tenned his Ptcorjuf ;' and the 
Vicariiu might have a Peoolinm. But acoording to the striot prindplea of iha 
Iftw, the Pecoliam of the Yicarios belonged to the slave who was his master, 
wliite botti slaves and their Pecolis were at the disposal of the free master. 

Mare I>«aUB|. — In addition to the pablio s^es of prisonera, which gener- 
ally took place at the seat of war, slave-dealing became, towards the close of tha 
republic, and ujider the <rapire, a veiy common and lucntive trade, prosecuted 
bj a class of persona called Mangone* s. FenaUtii, who collected slaves from all 
quarters, and disposed of the least valoable portion of tbeir stock (nuinctpia 
tniioni) in open market, and of the more prcdoos in private shops (tahernat^ 
Those sold in the market were stripped and exhibited in a sort of wooden cage, 
called CaUata, where intending pnrchasers might examine and handle them, in 
order to asocrtaia whether they were sound and in good condition. A label 
(ftCuIiu) was attached to the neck of eaeh, describing the age, cooatry, qnalities 
and defects of the individual, and whether he was new (notn'ttiu) or bad pro- 
viousljbeen in Bervitade;(iieter(ilor,') those belonging to the latter class bong 
lest valuable, from a belief tbst thej were more likely to he idle and cunning. U 
the representations contained in this statement were afterwards discovered to be 
false, the purchaser might raise an action of damages against the seller. If the 
seller decluied lo give any warraaty, {jiratitaTt^ the sjave was exposed for sale 
Willi u cap upon his head (pifeatut.) Slaves newly imported from abroad had 
their feet whitened (^ypsatos i. crelalos peda.) When pat up to auction, the 
praeco placed them on an elevated alone, so as to be visible to all, and hence 
Cicero calls two of his opponents, who had been openly and notoriously bribed, 
ttaos de lapidt emios (rifeunos. ' 

Price cr Sfatvea. — The price of slaves must, as a matter of oonrsc, have 
varied at different epochs, according to the abundance of money, the demand, and 
the supply. But it would be as impossible, even in reference to any given time, 
to name a definite sum as the value of an article vaiying so much in quality, as 
it would be in otir own day lo llx, in general terms, the cost of horses. In the 
Augustan age, it would appear that a common domestic slave, possessed of no 
particular merits, would fetch from sixteen to twenty pounds steriing, while one of 
t, higher otder, such as a skilful workman, was worth three times as much.* Bnl 
when individnais endowed with rare and valuable accomplishments came int« 
the market, they brought fancy prices, regulated by accident only and the caprioa 
of the purchaser. Under the early emperora, beautitnl youths, Auatici especially, 
were b great request as pages (aaluligeruU pwri) and cupbearers. Such, if w« 
can believe Martial, were worth between eight and nine hundred pounds, or even 
double that amount {cenleiiin quod emit puerw et taepe ducena;') and PImy 
leUs us that H. Antonlus gave the latter sum (200,000 sesterces) for a pair of 
boys, uncommonly well matched, and represeited (though falsely) to be twins,* 

lTult.Ann.XIV.43. OiliuIV.|T9. Dlf«L XV, I. SS. 

I Digest. XV. L 17. Plut. AitD. II. 1>. M Clo In V«T EII. n. HaHlsL tl itUI. T. 
» CIc. In PUon. IS. ds Off. IIL 17. Anl Otti IV. s. VIL *, Pl.nl Bueh IV. »lt 17 
TllralL U. II Bft ProHTL IV. T. St. Bw. S II. HI. laS. Epp II. [L 14 Pen, 8. VL TT. Jnv. 

•.Mil. MiniiL vC e. IX. SB. Diint. xviiL i. i9. 4a xix.1. is. xxLLi. 111.31. n.e& 
« Bar. S. IL TIL 41. Epp. II 11 B. Calumell R. S. III. 3 
«Jnv. S.V. S&XLJU. HutlsL III. ei. XL Ta PUn. a.H. VIL JI. 



HATBS. 127 

NnMbar *€ Ubt«. — In the dayi of pmnitiTe limplid^. tfa« munlMr of 
itaftet poneaaed evEo b; the wealthy w» exceedingly imall, and individDali of 
dlitiuctioQ had frequently not more tbsn two or three to provide Sat Ihtiz waoU. ' 
At tii'a period ilwi, tiie great mafonty of agricnltnral labonnn vne lietnieii, 
and all ordinary trades were plied by Roman dtiiena. Befon the paning of the 
Tidnlan EogMions, however, (B.C. 367,) slave Eabonr began to preponderate in 
the OHuitiy, an evil whicti went on increasing, notwithetanding the eSbrti made 
to remedy it, until, in the Beventh ccnliiry of the cily, tho eatates of extensive 
landonnen were tilled almost ezclosively by slaves ; and before tho dose of the 
i^ublic, few citixeoB would snbmit to the degradation of practisbg any handi- 
tttlL ' By degrees it was reckoned disureditable and mean for any one ui easy 
drcunwtanceg to be scantily provided with personal sttendants'; tlie division of 
labour in the hoases of men of moderate means was as great as in India at the 
preKOt day, while the throngs mtuDtained by the rich (JiimUiarum numerum et 
BOfumes) were multiplied to an extent which almost transcends belief; thoae 
oocnpied in the same jqMrtments being so numerons that it nas, in many cases, 
neeeaaary to divide them into Decuriae, ' 

The obstinate and bloody wars in Sidly, (B.C. 135-132, B.C. 103-99,) in 
the latt^ of which a miUion of slaves is said to have perished ; and the struggle 
with Spartacns in Italy, (B.C. 73-71,) in which 60,000 feU along wi[b tbeir 
leader when be was finally defeated by Crassna, bear evidence to the mnltitndea 
which must have been employed in rural affiurs. At to the numbers employed in 
one Familia for domestic porposea, it is impossible to speak generally— ihey must 
have varied within su«h very wide limits. When Horace wrote, ten and two 
. bandied were regarded at tbe opposite eztreuKa of a small and a large establish' 
meut ; for a Praetor to travel to his country house with a telinne of five only, 
was a mark of sordid parsimony. The household of Pedanius Secundus, prefect 
of the cdty, under Nero, contained 400 ; Scauroi is said to have bad 4000 ; and 
C. Caecilios Clandius laidoros, a freedman, whose fortune had suffered much 
during the dvil wars, left behind him at hisdea^, during the reign of Angnstos, 
4116. A large portion of tlie enormous wealth of Crassna consisted of slaves; 
bat of these, many were artlzans, whose labour yielded a highly profitable 
tenun, his arebitecti and masons alone amounting to fiOO. * 

GiBHiAcuiaa mt Hiavnu. — Tbe whole bodj (^ slaves belonging to one master 
was niually classed under two heads : — 

1. Familia Ruzlica, the slaves who lived upon the conntry estates of tbeir 
■nasto', and were employed in the cultivation of the soil, or in tending flo^ 
■nd hffida. 

2. Familia Urhana, the davee employed tbr domestic purposes. 

The Familia Ruttiea nas again eepanted into two diviuons — Seroi Tiveti 
and Serisi Soluti. The fwrner conaialed of those who, as a pDnishment fcr 
refiactory conduct, or in oonseqoence of their barbarous habits and savage 
temper, were compelled to work in chains {compede vincti) while abroad, and 
were kept confined, when at home, in a sort of nnderground prison, tenned 
ErgastiUum. The Seriii Soluti, on the other hand, wero not placed under any 
penonal rcatrunt. The whole of the Famiha Rnatica, Servi SoluH and Semi 
nuwft alike, were nnder tho superintendence of a steward or manager, tanned 



HD. IIL U. XIT. 43. PllD. H.K XXXIIL M 



128 lUTn. 

ViBieut or Aelor, with whom, in large wtablithmeatft, ■ book-keeper, otUad 
I^oeurator, yiu fivquentlj Msociaud ; tbc Villioni and the FroctuWv b«iiig 

themielTw, for the most part, slaTca or &eedmen. 

The Familia Urbana aho wu separated into two diviiiona — Ordbwtrii ud 
Vtdgara, or npper and under slaves. ' 

The Ordinarii eompnhended all Bkyes wbo held offices of trnet and reroond- 
bility in the eEtablisluneut. Most of these had mb-eUvea, (rican'i,) who formed 



part of thar pteaiiitm^ or assUtants placed under their orders by the n 

the home. The g^er^ term for those who took charge of particular department* 
in the honaehold wae Procuralorei, among whom we ret^on the uashier (Du- 
petuaior.')* — the house-steward and bntler fCeIiariu» t. Promtu, called hj 
flontus, Condiu Promut and Procurator Pad) * — the groam of the chamben, 
(Atrteiais,) and the Deairiona of the different Hecuriat, into which the under 
elaTei who performed particular dudes were distribnied ; as, for example, the 
Ikcurio Csbiculariorum and the Decario Oitiarionaii. * To the OrdinarU 
belonged alto the highly educated staves, (^Literati,) among whom were the 
leader, (^Anaffoosln s. Lector,') * — the copjing-clerlc, (ZArartiu s. Scriba,) 
and many others, who were named Send ab epiilolii — a manii — a btblioOieds 
— a tladiii, &c according to the duties irhich Ihej eiecated. 

The Vuigaret were the menials of the honsehold, such as the HaU-porter 
(Janitor) and other Doorkeepers, (Ojtiarji,) — Chamber-men, (OiiKuZaru,) 
who cleaned ont and attended upon tbe difTerent apartment!, — Footmoi, (Pedi- 
tequi,) — Palanquin-bearers, (Leclicarii,) — Eunning-footmen to clear the wmjr, 
(Anteambulones,) — Coders, (TaUellarii,} while, in the eulinaiy department, 
Uiere were Cooha, (Coqai,) — Bakers, (^Pislorts,) — Confectioners, (Z)uZctarn,)^ 
Carvera, (Carptora a. Slmclorts e. Scittorei,) and a hoet of others. 

Alediailini, * who were to be found in the Familia RutUca ai well as in the 
Faiailia Urbana, teem to have been oommon dradges, ecullious and eerTanti- 
of-atl-work, who had no special duties, bat peribnned the lowest offices ; and 
the QMalis-qmkt, mentioned by Ulpian in tbe Digeat, moU have been eomrtlung 
of the same sort.' 

There were very many elavee who cannot be conveniently included in the 
above classes, such ae Fam-^a Gladiatoria, the prize-Gghten, of whom vast 
nnmhers were trained for tbe amphitheatre, both by the rich, for the sake of 
Ostentalion, and by speculators, as a source of profit — Medici and thdr assistants, 
(iatralipiae,) who eometimes were merely boose physidana, and eometimee 
gained large sums by general practice — Opifica, skilled artizans of all descrip- 
tions, whoH eaminge, wben they worked for the public, belonged to thdr matter 
— Ludiona, stuge-plajcrs, who were let out on hire to those who exhibited 
theatrical shows ; and many others, generally kept for the private omneement of 
the owner, such as Choristers {Cantoret^- — ^Husidaas, (.SynyiAomaci,) '— 
Dancing-girU, (Saltalrkea,) — Meny-Andrews, {MorionaS^ — male and fanale 
dwarft, (iViini, Nanae; PamUiontt,) and, elrangett of aU, idiota of both aexea 
(Fatui, Foiuoe.)'* 

1 Dlcot. XLVIL M. !». 

■ Ob. a* n. v. 1. id. Att. XI 1. hit Oalli. It. V«B. n. Jot. 3. L *L 

• P1uI.Phui1. II.U.I1 

• Sun. DsB. IT. Ht Onni. C I. No. »tt. 
« Com Nop. AU. I& Plln. Epp 1[- ■ 
t de. In OL >L 3. (MhdmU B. B 
IDlCHt XLVlLxlt^ 

■ Cia.pnHII.tl. Sdwo. Epf. M. ritMa.nn. 

• MutliLVr" •* 



In OL >L 3. (MhdmU B. R. I. >. IL 13. Hot. Em- I. 
■VXLVlLxl^ 

?viii.ik 



DiailizodbvGoOgle 



SLAVES. 129 

Ttrnat, u we have nodoed above, were the ikva bora in the home of tbeir 
mMtW — the diUdren of hii female slaves. Being trainad from inikiii^, they 
DAtnTallj were particolarlj' expert in the duohai^ of tbeir ftuMStions, were 
raieraU; treated with greater kindness and fomQiari^ than otben, and benoe 
Omt uncineas became proverbial. ' 

D»H BBd E*«d 9t Mbtcs. — Peregrini bemj^ forbidden to appear in the 
Toga, the prohibition, a fbrtioii, extended to slaves also ; and Anciliae wen not 
allowed to asBoine the Stola, which was characteristic of the Eomau matrons. 
Slaves, however, had no distinctive dress nntil the aas of Alexander Sevenis ; 
and B proposal made in the Senate, at an earlier period, to est^Uah some badge 
of servitude, was rgected aa dangerous, aince it wonld have enabled the peratoii 
who bOTO it to fonn an estimate of tbeir own nnmbere and strength.' The 
■baence of the Toga would excite no attention, for this garment could not be 
worn bf an; class of persons engaged in manual lalMor ; and, cnnse^iuentl}', 
alaves, in this respect, did not differ from the homhler citizens, the lunicafui 
popeUiM of Horace (Epp- J. vii. 65.) 

Each slave reodved a certain allowance, consisting of com or bread, (abaria,) 
irine, (iiinum,) and something to give a relish to the brinaoeons food, (pufm«i- 
(ariuni,) nsually olives or sail Geh (haUe.') This allowance, in consequence of 
being measured out, was tenncd JJeinnuuni ; and according as the distribution 
took ]daoe dailj or monthtj, it was called IHarium or Merulnium. The precise 
qnanti^ and qnalitj' of each article of food and rument to be supplied to slaves 
in the coonti; are minutelj detailed by the writers on agricolturo. ^ IFith regard 
to the condition of town slaves, in this respect, our infonnation is not so precise. 
Smiatas tajB, that the ordinary allowance of com per month was four modii ; and 
Seneca mentions, that a slave sCage-plajer received five modii of grain and five 
denarii in monej. By saving a portion of these allowances, slaves were some- 
times enabled to accomolate a peculium, sufficient to purchase their freedom — 
Pecuiiiint luiun qaod comparaverunC venire /raudalo, pro copite numerant. * 

Vasdahsncau iBOleicd apaa Mbtcs. — These depended entirely upon the 
caprice of the mister — were of manj different kinds, and were often diversified 
whh savage infiennity. One of the mildest was the transference of a slave from 
the FamUia Urbana to the Famiiia Rialica, in which he waa allowed less 
freedom, enjoyed fewer luxuries, and performed more severe labour. Vtien the 
offence waa of a serious character, the culprit was not only sent to the conntnr, 
but was placed among the Servi vincd, and compelled to work m chains in the 
fields, or to grind corn in the bakehouse, (Jerratat in putrino — praeferrataa 
apt^ rnoUu — irrigatuni plagu pistori dabo,) or to toil in stone quarries (ibis 
porro w latomias lapidarita.)' The most common mfliction for trining 
tranqjeasions, was the lash, which was unsparingly applied, and to inarease the 
effect the sufferer was sometimes bung op by the bauds and wd(^ts attached 
to his feet. ' The fiogging of slaves, which, in large estabUshments, was 
perfbnned by a regular body of scourgeis, (lorarii,) affords an ineibaiiatible 
Iheme for jests in the comic writers ; and the vocabnlaiy of PUntus and Terence 
b pecnltnly rich in terms connected with this species of domestic discipline. 
One of the ordinary epithets of reproach applied to one who had been lepMtedly 

1 Hdt. a. II. it M. Epp. II. IL & KutJal. LM. X. 3. 8MH. da Pro*. I. 

i Sh etpHlkllT Cito dc R. B. U 
* SCHO, Xpp 1 Ik SO. Tirnit. 



n. n. tL 31. Uoil 



Enid. L U. 17, Cut II 
B-'lLilB.TBStpfcl 



".OOglf 



ISO tuns. 

d bj the lash s Fericro (or VerberamCapia at Verberea Statna;') 
a adtUtioo to this, we meet with Miutigia — Ubmtr&a — PlagitHba-~ 
Piagitriba — Plagipatida — Plagigervlra — Ubnorum Aeheruni — GyamuuaH 
fiagri — yvrgtcnstn \atama, lud a omltitade of otben. 

A he&v7 ooIIkt of wood, shaped illce the letter T, and hsDoe tanned Pami^ 
waa freqaentl^ attached to the dbcIu of offenders, who were compelled to bear it 
kbooC irom pUoe to place, and were sometimes samTged as thej moved painftdlf 
■long (caMu* mrga suit /urea.') One to whom this kind of tortore had beoo 
•p^ed, was jeeringlj addressed as Fureiftr. 

Konawaj's (Jugttivi) and thiei-es were nsoally branded (notatt) with a red 
hot iron, and were stjled lateripti — Itucripta ErgoMtula, or, jestingly, Literati, 
because the letters F V B were often imprinted indeliUj npon thdi penona, aod 
hMiBe the taunting address— TWie tbiuu Utekardh kouo >n« viluptreuT i.e. 
Am/'AoI (Aou art. 

When skves were capitallj pnniaiied, cmnfixion was the death epeoiafly 
reserved for them. In Eome, the execntion took place onC«de of the Porta 
Ei^ilina, and the offender carried hia cross throng the streets, with his aims 
tttiudied to the transverse beam, {patibulam,) while the execntioners goaded 
hhn on, thna, Fiautns (HiL II. iv. 6.) 

Credo eso is 
Uspes^iiii 

WheD the master of a fiunily was murdered in hii own honse, dlher by ona 
of his own slaves, or by a person aaconneoted with the eatablishment, or by an 
imknown assasrin, the whole of the slaves who were in the mansion at the time 
the mnrder was perpetrated were pnt to death. A remarkable example of &ie 
rigorODS enforcement of this ancient law took place during the reign of Nero, 
when fonr hnndred slaves were executed, in conseqnence of the mn^er of tbor 
master, Pedanios Secnndua, prefect of the city. • 

Finally, we may remark, that when slaves were examined jndidally, in a 
oriminal trial, they were always interrogated under torture. 

IilberaU«B af sIkvci. — The release of a slave fiom slavery (mamtntuiio) 
ndght be efftoted tiy his master, regularly, in three ways. * 

1. Fhtdicta. — This was the most andent and the most ibrmal mode, and 
ma essentiaUy a pubUc acknowledgment in court on the part of the masto', 
that the slave was free. The master appeared with his shive before one of tiie 
hiriier manatrates, usually the Praetor, and a third person came forward, laid a 
rod called Vvrga e, Feitaai a, VindieCa upon the head of the slave, and claimed 
him as a free mnn, in the set fonn, Hunc ego hominem Ubervm esse aio. Tha 
maater laid hold of the slave, and turning him round, replied, Hunc Aoniineiii 
Ehtntm esse vofo, gave him a slight blow upon the cheek (aUipa) and let 
him go (emiUebof enm e manit) The magistrate then pronounced him free, 
by f^vtng Judgment in favour oF the clumant, (addicehat,') and the ceremonj 
waa complete. Ttic lictor of the magistrate usuaUy, in later timea at leaad 

IMutiri.vnL70. Jdt. XIV. M, PIUL Cu. IL tL «!. AHL IL It. M 

BCHnJIj. A cbriDDi enamovtLoa of ■ rut tuIaIj of tUT» punlsbmnti will b* tvBui In 
mL Alio. IIL II. 1. Koq. 

ITisH. Ann. ZIV. 43.XIII. nxmp. CIcad.PvB. IV. II. _^ 

t Clo. Tap. a. m Chk *k »eligl, Crn^ ad. HIT S. IL viL T& Oilu L i Vt. dl|iaa 



s 



acted M the claimiuit (attertor) who userted the freedom of the ilAve (inndKotii 
UberaU caiua.) ■ 

2. Ceiuu.— If the matter applied to the Ceoaor to enrol hii lUve w a CVtiu, 
the Bbve hecame free as aoon as the entiy was made. 

3. Tatamenlo. — A maMer might, bj hu will, Mther be«tow freedom at ouoe 
'(AVecIo) on a slave, or he might instruct hia har to manumit the slave. In 

latter case, tbe fi^om was Mid to be granted per /(jetcoRuntuuni. Some- 
timea fr'eedom was bequeathed, autgect to the performance of eertiun condiUoM, 
(cerla eonditione propotita.,} and oa thete conditions bong fiiMlled, the sUt* 
became free, and was termed ttatu liber. 

Ufc^rtiHui, ufcoMa. PaiTVBii*. — Manumission, completed according 
to anj of these three methoJe, waa Juita el legitima Manumistio, and the 
freedom thus acquired, Jiula Liberlat. The liberated slave was now termed 
Liberiinat vrhen descrilMd in reference to his social position, but Libertm when 
apoken of in conncctioD with his former master, itho was now no longer hia 
tkmtimiM, but hia Patronua. Thua, a liberated slave was called Homo Lihtr- 
tiniu; but Uhtrtia Caesarw, Pompeii, deeroaiM, &c. — neva LiberUitii* 
Caataria, &a. lurr Libertut Homo. 

The relation which eziated between the Patronua and his Libertna r«samUed 
veij doaely the ancient tie of Patron and CUent The freedman was required 
to pa^ a certain degree of reelect, and to perform certain dutiea to hia patron, 
(pbfequium praeatare,) and thb leapect and these duties ^pear, under the 
republic, to have been seldom withheld or Defected. ' But examples of iagn- 
titude and insolence on the part of freedmen towards theu' patrons became, imdec 
the empire, bo frequent and dagrant, that laws were passed rendering ench 
conduct penal, and the punishment extended, m some cases, to the cancelling of 



i. slave freed dii-eclo b/ will, having no living Patnmus, was called Libertiu 
Orcinia; but when freed per _fidiacomwiixxum be became the ficedman of the 
poson b7 whom he was actiudi)' manumitted. One nhoee freedom depended 
upon the perfbrmauoe of certain conditions was, nntil these conditions woe 
ftdfiUed, called LOiertut JvtuTiu.* 

KmmtK* »t Llkcrtlnl — A Libertinns uanallj received the Prnenonicn and 
Nameu of his former master, the i^jpellatioa by which he had been previously 
distinguished being added as a Cognomen. Of this practice we have ezampl^ 
in nu^ names as M. Terentia» A/er, M. Tuliiut Tiro, L. Corneiita Chry,o- 
goma. When a public slave was liberated, it would seem that he adopted the 
name of the magistrate before whom bis manumission took place. 

The Praenomen marked the Slalxis of the individnal at ouoe as a Eoman dtiien 
powessed of Caput, (see above p, 113,}aiid henoe, newlj made Libectini were 
especially fhitteied when addressed by their Fraonomen (gajtdent Proenomnu 
tnoOes auriculae.) ' With regard to the Nomen, it most not be supposed that 
a IJbertinuft, althongh nominally belonging to the Gens of bis Patron, was 
admitted, in aoaent timea at least, to all the privileges of a Gentilii. 

Cap mtlithtirtT. — As soon as a, slave received hia freedom ha shaved hii 
head and pnt on a conical c«^, called Pitou; the ri|^t of wearing such a oowing 

1 LIT. IL S. XLL ft PUul. MU. IT. 1. 11 Plurfr. IL i Hor. & IL tU. ^ Ttn. & T. 
M. ITS. OllDl IV. I IS. 

> CIS. *d. 4 F. 1. 1 i. Dl|«t IL It. 4. XXXVTIL I. 7. 1 1. 1 1. U. I. 

s Suit Clmd ts Tielt. Ann. xm. 9S. UcUnt. i)> ;>«-. £>^ IV. X DliHt. I. m. It 
XXV. IIL6 XXXVn. Dv. ]. 

• OiluIl.fKa UipUn. fn|. II. a OnllL C. L Mo. !<». MM 

( Kor. B. II. >. 31 coup. PhS. T. is. 

I ,i,z<,i:,., Google 



132 UBBBTm. 

bung a dutinctire mark of 8 free citizen. Emce the phnwa, ttrvot ad pileunt 
vocare — jnfeum captre — haleni capile induto Quirita, and hence the idea of 
a cap M an emblem of freedom hoth in ancient and modem timei. Sometimes a 
wreath of wliile wool km subBtituled for the Pilrui. ' 

Pallilcnl GsBdllteB cf Llkenliil. — From the time of Servios Tnllius' nntil 
the close of the republic, Libertitii, wbo«e manumission bad been completed 
according to any one of the three regular forms, became invested with the 
rights and privileges appertaining to members of the Plebeian order, and, aa 
auch, were enroll^ in a tribe. They were originallj confined to the four cilj 
Tribes ; but in the censorship of Appius Cloodjus, B.C. 312, in common wilh 
the humbler portion of tho community, were diapened among all the Tribes 
indifferently ; and although the arrangementa of Appins were overthrown in 
B.C. S04, by Q. Fabiua Rullianua, n-e End it aCated, that about eighty years 
afterward*, (B.C. 220,) — Ztiertini tn qaataor tribua redacti sunt, qu-um antea 
diipera per omnes ,/uuienI.' EsguUiTtani, Falatinam, Suburanam, CoUinam. 
finally, in B.C. 169, it was determined that all LiberUni ahodd be enrolled in 
one only of the dty Tribes, to be determined by lot, and the lot fell upon the 
ZVftm Eiquilaia. This state of things remuncd unaltered until the close of the 
iqtnblic, at least we have no account of any briber change. ' The right of granting 
mannmission remained unlimited until the age of Augustas, when the disordert 
arising Irom the mnltitade of disreputable and worthless characleia turned loooe 
npon the oommunity, in the full enjoyment of Che Civittu, rendered some legisla- 
tive enactment imperative. Accordingly, b7theZez<JeIiaSei)lia,paasedA.D.4, 
the following lestricdons were introduced upon ManKmiuio per Viitdictam, * 

1. Any ^ve who bad been convicted of a scriont crime and pnniahed aa a 
malefactor, or who had been trained as a gladiatcr, wai not, if manumitted, 
admitted to the rightaof aBoman citixen, but was placed in the same dasswilh 
Perejrini dedidcii — (see above, p. 115). 

2. A slave, if under the age of thutj when manumitted, or any slai-e manu- 
mitted by a master who waa onder the age of twenty, was not admitted to the 
foil rights of clanship, unless the reasons asrigned for the manumissioQ wen 
considered satisfactory (iusta causa approbaia) by a board (coniilium) appointed 
fyr the purpose ofci'nsidcring snch cases. 

AgEun, by the La Faria Canima, passed A.D. 8, a maater was prohibited 
from manumitting Per Teslamentum more than a oertain proportion of the whole 
Dumber of bis slaves — one half, if he possessed not more than ten — one third, if 
not more than thirty — one fourth, if not more than a hundred — one fifth if not 
more than five hundred ; but in no case was the total number manumitted to 
ttoeed one hundred. 

No restriction waa placed npon maun mission Per Cenaan, because that could 
not be effected without the direct concurrence of the government. 

Wae l at €•>«■!•■ af IjIkorUBl. — Although Ijbertini, under the republic, 
wen nominally invested with all the rights and privil^;es of Boman citizens, 
tbey were virtually, by the force of public opinion and feeling, excluded from all 
h^ and honourable offices in the state. Not only the Libirtinua himself, but 
Ilia descendants, fbr several geueratiims, were looked doirn upon as inferiors by 
I Hut Ampblt L L KM. LIt. ZXIT. IS XLV. 41. Fm. B. IIL loa Nan. i.t. fiat 

s DIonTL IV. n. ilT. fz. «& EpIL XX XLV. IS. Vil. Hu. IL U. ■; Ibt nMoiBa 
•flbrdHl bj th«* puHcM oTBriKivn thB UHrtloa oTPlDt. Pool. 7. 
wI'^'^^vSU* •'•-*'*!'**■ »"Pl«L rrifm. L 11-13. S.M. OoUt. « DtonCaa, 



UBEsmn. 193 

tlwH who h«d DO taint of Mivile blood. We shill hurt oocanon to point ont 
hereafter, thU Ingenuitiu, for two genentknu at leut, wm coiuidered an Indii- 
peiuable qnaliGcadoD !n a candidate for the office of Tribune of the Pleba, and m 
cannot doHbt that thu rule applied to all the higher magistraciee. Appioa 
Clandiiu, when Censor, (B.C. 312,)waa the Srst nlio "polluted" the Senate hy 
admittiog the tons or Llberlinl ; (tenatum primus Ubertinomm JiUit Uctit 
inqmnaverat ;) ' but although public indignation yiax so itrDng that the oonmla 
vrere bone ont vfben thej reflued to acknowledge the persons so nominated, yet 
it a noirhere hinted that Appius violated any law in making such a choioe. 
During the disoideia prodaiwd bj the civil nan, the Senate Mcame crowded 
with Libertini; and the saturists always speak with special bitterness of the 
wealth and influence enjoyed by the fevouriteUberti of theeariy emperors. Under 
the empire, also, the Status of Ingamiias was sometimes 1>estowed opon Libeitini 
bv a special grant. ' It would appear that the marriage of aa Ingemau with a 
lAherUna entailed IgnQminia (see above, p. 114) on the former; for among the 
various rewards bestowed opon Uixpala Fecenia, the Libertina who, in B.C. 186, 
gave informatioD with regard to the excesses practised in the Bacchanalian 
orgies, it was decreed — Uti a ingemio nu5ere Ucerit; ncu <ptid ei, qui earn 
duxatel, ob id/raudi igrnnniniaeve essel (Uv. XXXDL. 19.) 

luArmal ITlBimiBlialaH. — la addition to the regular and legally recognised 
fomts of manumission, a slave might he liberated in various wajrs, by the mere 
expression of a wish to that effect on tlie part of his master ; bnt in this case hia 
position was less secure. Thus we hear of ManumUiio inter txmicos s. Libtrtai 
inter amicoa data, when a master, in the presence of his friends, pronounced his 
slave &ee — Mamtmisdo per epittolam, when, being at a distance, he wrote s 
letter to that effect— ATanumiMio per niensam, when he permitted his slave to 
ait at table with him. A slave who was able to prove any one of these acts on 
the part of his master, could, by an appeal to the Fraetor, resist any attempt to 
bring him hack to slavery. His position, however, was dubious. Ho waa said 
tR liherlale morari or in libtrtatit forma servari; and any property which bo 
■night aecnmulate belonged of right to his Patron. The political privilegea of 
sndi persons was flret defined b^ the Lex lunia Norbano, passed about A.D. 19, 
which bestowed upon all slaves uregularly manumitted the Jut Lalii, (see above, 
p. 117,) and hence the name Latini Janiani, by which they are sometimes 
designated. A slave liberated in an irregular manner, might be again manumitted 
aecordtnsto one of the three regular methods ; and this process, termed iteratio, 
conrerre<f fill] citizenship upon a Latiniu ItuUanut. 

RlBBHniHiaB wl Btarci hr ilia RuM. — The state itself occasionally 
bestowed freedom upon daves, as a rtcompeuse for long service, or for some 
signal benclit conferred on the community, such as giving inlbrmatiou against 
conspiratoia or the perpetrators of heinous crimes ; and if such slaves were not 
public property, (servi publici,') they were purchased with the public money from 
their master*. ' One of the most remarkable examples of manumission by the 
state, on a large scale, is to be found in the case of the Volones, that is, tho 
slaves who, to the number of 8D00, volunteered to serve as soldiers daring tha 
•eeond Fame war, and who received their freedom alter the battle of BeneventDm, 
(B.C. 214,) aa a reward for their effidetit braveiy. * 



I. IV. 4 



> Dion CkH. XLVIII 



REFERENCES TO CHAPTER III. 



GENERAL REFERENCES.— See BibUograpbT of Chapter I. 

Komani Cives. Ins ClVltatlS.— Mommsen, BOm. Staaltrahl, ni. 

&29, sqq- ; p- 127, sqq^. WiUenu, Droit puhiic Eomain, p, 73, sqq. 
adrig, Iht Pertnaiivng und Ver/curung, kc, p. 21, tqq. Heraog, 
Otte^ehle und S]/dem, &c, p. 90, sqq. ; 971, sqq. 

Zampt, Be propagatirme dmialit Sotnatuie [6'tiidia Bomana), Berlio, 
1859. Villatte, De propagaticve civUatit Bomanae, Botm, 1870. Lindst, 
De Vaequitiiioa et dtla perte du droit dt eild RoTnairt, ParU, 18S0. 
Leaterpt de BeaunU, Z>a droit de ciU a Rmne, Paris, 1882. Gre- 
DOnillet, De la eonditim da pmoiata, 4c., Paris, 1882. De Letonr- 
ville. Etude tttr it droit de aU it Borne, Paris, 1883. Pinvert, Dit 
droU dt citi, Paris, ISSS. 

Clvltas sine Suffragio. Caerites. Aerarii.— Pardon, De aerariit, 

Berlin, 1853. Belot, Hittoirt des nhevalicri romaiiu, I. p, 200, iqq. 
Uofinsnn, Dot Qeiett d«r aeOlf Tq/eln, Ac. (Zeitachrift f. oetterr. Oymn., 
1866, p. 986, sqq.) 

Caput, status. Demliiutlo Capitis. Infamia. Igmominla.— 

T. Savigny, Syilem da rbtn. Rechta, Berlin, 1S4U, II. p. 143, sqq. Gens, 
Capitii demitiutio, Berolini, 1880. Alcindor, De la maxima et dt la media 
tapilia deminutio, PariB, 1884. DelastrB, Dt la capUU deminutio maxima, 
Paris, 1HS4. Kriigec, Geidiithte der capitis deminutio, Breslan, 1S87. 
Hepp, De la mile d'infamie, PariH, 1862. Kabot, £l>i<it mr i'iit/amie d 
Bojju, Touloase, 1884. Schaffhauver, Z>e la perte du droit de ciii el dv 
pottlimittium, Paris, 1882. Ganthier, Da potUiminium, Paris, 1S83. Le 
Clech, DapoetlimiTiiKm, Paris, 1883. 

Peregri&L Hospitlnm. Hospes.— Mommsen, Bllm. Staatirecht, m. 
p. 690, sqq. Willemi, Droit puUic BoTnam, p. 126, iqq. Madvig, Die 
Veraaitviig und Ver/atmng, to., p. SB, aqq. 

Mommsen, Bem. For$ekmgtn, L p. $26, sqq. Frenoy, Condition da 

pirtgrina d Bomt, Paris, 1S7B. Gamot, Aper^ sur la condition de* 
tlriaiga-* a Borne, Paris, 1884. Coth^oet, Dt la condition det pirigrint, 
Wjon, 1885. 

Latinl.— Monunssn, BOm. Staatirecht, III. p. 607, sqq. Willsms, Droit 
jmblic Momain, n. 129, sqq. Madvig, Die Venraltwig uiirf Ver/asrang, *c., 
I. p. 58, sqq. Herzog, Oachtchle nnd Sunlem, ta., I. p. 1005, Boq. 

Mommsen, Die Stadlrtcbir. der lot. Gemeinden Salpaua un^ MalaiM, 
Leipog, 1857. Rndor£ De majore ac minore JJatio, Berolini, 1860. 
Bmndoin, Le m<^ua et U mttati LaUtaa (n. renie hist, ds droit, ItlTQ, 
p. I, sqq.; Ill, sqq.) Hinchfeld, Zur QeachidUe de» laiein. Beelit*, 



136 

„, _, ___,_ ____, . _._, Sohmidt, Z»o. 

Kolonialwesm der ROmrr, Potsdun, 1S4T. Zampt, (/ommeiU. «;>^irapA., 
Berolini, 1850, I. p. 73, sqq. ; 195, aqo. Rudoi^, in SSn. Ftidmeater, 
Berlin, 1352, U. p. 323, aqq. Sunbeth, De Somanontraeoloniu, TBbingen, 
1B61-62. 

Munlfiipla.— Marquardt, ROm, SCaativenealtang (2 ed.), I. p. 26, sqq. 
WillemB, Broil pMhlic Romain, p. 371, sqq. Maiivig, Die VeneaUung WM 
yerfrumng, Ac, II. p. 2, nqq. 

Zumpt, OeitT den UnUrechied dtr Benett»ungen Mmuajrium, Colonia, 
Prae/tclura, Berlin, 1839, Rubiso, Ueber dU Bedev.tu.ng der ^twdrflcfa 
Jfunicipium und Municipei (Zeitocbr. f. Altertbamsw., 1844, n. 109-124). 
ZiiUer, Dt civitale sine tuffragio et tmmidpio RomoHOmm, HeldelbeTB, 
1866. 



S^ 



Sodl. Nomen LaUniun.— MommaeD, ROm. StaattndU, ILL p. 045, 

iq. Muquardt, ROm. StaaUoencaltang (2 ad.|, L p. 44, sqq. Beloob, 
Halitche Bund, Leipzig, 18B0, p. 168, iqq. 

SerVl— Eein, Dm Privalrec/U, Leipzig, 1868, p. 552, Boq. M«rqu»rdt- 
.Han, PrimUltben, p. 337, iqq. ^iedlaender, 3iuengetehic>Ue (S ed.], m. 
p. 69, sqq. Willemi, Droit public Romam, p. 135, sqq. 

Blair, An Inquiry itOo the sCaie of Slavery amongal the Somaru, Edinbnrgb, 
1833. Caqoeray, De I'etdavage chrz let Romaias {Revue histor. de droit 
fniifUM et ttT., 1864, II. p. 105, sqq.) Eg^er, MimoiTet d'kiitoire 
amdenme, Paris, 1863, Adam, Ueber die Srlaverei unrf SelavenentUumKH, 
Tiibingen, 1866. Wallon, ffieloire de fenclavage {2ad nd.), Paris, 1879. 
Tiincoeri, Sludi ndla eondiziont degli eckiavi in Soma, Boin», 1883. 

The Liberation of siaves.- 

p. 569, sqq. Willema, Droit pub . , 

Fer/auung tmd Verwatiung, Ac, I. p. 190. sqq. 

Bodemeyer, De mamimiitione Teitamentaria atqne de fidtieomvnao 
liberUitit, Gbttiiigeii, 1852. 

Llbertinns. LibeHnS. Patronns.—MommBen, Rem. Slaaltrecht, 
HL p. ^0, sqq. Willemii, Droit public Romain, p. 107, iqq. Madvig, 
Die Ver^oMtung vnd VmoaUung, Ac., I. p, 197, aqq. 

Gr^goire, De la eondilion Hmle el politiqve du deicendanl* det afraadut 
(Revae de l^p*L, II. p. 384, sqq.) Ferrero, Dei libertini, Torino, 1877. 
Vogt, Ueber die Klientel und LibtrliniUit (Berichte der k. webs. GMelltoh. 
d. Wiaa.,Pbilol.-hiit EUue, 1878, L 146, aq^q.) LeUt, Dan retn. Patro- 
nat/rtelit, Erlangen, 1879. Jonon, Conditiaa juridique da a^nmehia, &c, 
Dooai, 1879. L^onnier, &twie hittorique tvr lit eondttton priate da 
afraiiehii, ke., Paris, 1886. 

Informal HannmisslOD.—VaDgerow, Ueber dk LaUni /unutni, Hu-- 
bnra, 1833. Portet, Da LaUni Jmwau, Erreaz, 1SB2. CuitarelU, 
/ I^ini Juntani, Bologna, 1882. Sclmeider, Die Ux luUa Iforbanet 
(ZeitMbr. f. B«chtage(ich.,lSS4, p. 22S,Bqq.) V<»i Briu, Die /VtvriaswM)! 
der ^dttt 8e»tia, Preibai^, 1884. 

L ,l,z<»i:,.,G00gIf 



THE COMITIA. 



Ws itmted, at the oonimenceineat of the preccduig chapter, that, ftooordiiig to 
the theoij of tbo Boman constitDtion, all power proceeded from the voice of ths 
cidiem, u expressed in their constitution al assemblies, called Comilia — that no 
magistrate coiUd be elected, no law enacted, no Roman tutizon tried for a crimiiul 
ofience, except b/ these aasemblics. Tlie citizens, howOTer, could not lawfiillj 
■uemUa for the dlscharse of these duties, nor for any political purpose, eioqit 
when fonnaUj summoned by a civil magistrate. They miglit be caUed together 
by a magistrate for one of two purposes. ' 

1. For the purpose of being addressed upon some matter of ptiblic interMt, 
without an^ propou^o being sabmitted to them apon which Ihej were reqtiired 
to vote. In this case the assembly was called Condo. 

2. For the purpose of having some proposition mbmitted to tliem, which thej 
were required to accept or to reject by their votes. In this case the assemblj 
was called, Comilia, or anciently Comitiahu. ^ Comitium never denotes the 
assembly, but the part of the Fomm where the popular assemblies met in die 
eaiUest times. See p. 16. 

CaaatoBM. — A. Concio, in so iar as its objects were concerned, oorresponded 
in many respects to what we now term a "Public Meeting." The magistrals 
by whom it was summoned employed a public crier, (^praeco,) and was sud 
wlvocare s. eanvoeare coheionem ; the multitude merely listened to the oralioa 
of the person by whom they bad been called together, and of those peraons whom 
he introduced to their notice, {prodaxit in coneionem,) for no private person 
eoold come fbrwaid and address tbem without obtaining permission from the 
presiding magistrate.' 

The word Concio in the best writers is used for a public meeting in tbe 
restricted sense above described, and is sharply distinguished from Cami&i;* bnt 
it wotdd appear that originally Coneio was employed in a more comprebendve 
dgnification to denote all public assemblies regularly snmmened, including, o( 



J £t« d>iH(. iil'iS'^ aSi Gen. 7 

• S»njt.V.». Ut. IILTI. XL1L:H 



1* people were called tofftthi 



:, Google 



OOIOTU n OENEKAL. 

eonna, Comida, and that the pbnuM — Inttetum voeare — In 

— Jd Comitia voeare — Ad Conventiimem voeare — were rinded u 17110115- 

Omeio, bowenr, in tbo puraet authora, U constantlj enxpiojei to denote, not 
onlj a pnblio meeting, bnt also a epeech delivered to such a meeting, and tlnu, 
Qmeumein Aoiere i« equivalent to Verba/aetr€,ih&t'a, to deliver a haiaDgne;* 
and hence audi phrases aa Condones scriptae — Ltgi taam concumem — Chneio 
fiaiebrit — Dare eoneionem alieui, (to tcrant on^r one pennisalon to (peak,) and 
tiie verb ConcionarL* 

The ri^t of calling a Coneio belonged, dnring- the regal period, m all proba- 
Inlitj, to the king' alone, or to hii immediate repreaeDtativee, the Tribumis 
Celervm or the Praefectus Urbut. Under the republic it vae ezercieed by all 
the higher ma^^etratee, incladiag the Tribunes of the Fl^ The oidinaiy puoea 
of meetiog weie the Comitium, the lovrer Formn, the Capitol, and the Campos 
Haitlm. The pieaiding magistrate osubU]' occupied a Templam, that ia, a plaoa 
oraueerated hj the Augun, and opened the proceedings on this, ■■ on other 
oooa^onairhfln the people were addressed, bja solemn prayer (leeUT. XXXIX. 
16.) 

Ccadlla^-T-Vhila Comitia doioted an anemblj of Che whole people, called 
together for the pm^ose of voting npoo lome measure, ConcUiam ie lotnetimei 
tiMd to denote a limilai aasemblj, consisting of a portion onlj of the oommunity 
— Ii, qui non uniteraam popalum, sed partem atiquam adeae iubet, mm 
CoHTTU, ted CosciLiuM, edicere debet. ' Hence Concilium Plebts, or simjdj 
Concilium, is emplojed to denote the Comitia Tributa, because tiiot assemblT 
' ' riginallj of Plebeians oalj, and the term havia? been once recognized, 
1 use ^ter the Comitia I^bnta included all dasses. ' On the other 
hand, Coneiliuia PopuU dcaotee the Comtia Centariata, which, from the first, 
embraoed the whole I^piUui. ' 

Concilium is also &eqaentlj employed to denote a promiscuous assembl^e, 
withoat any leTerence either to Conoionea or Comitia. 

CwamttiM. — When a magistrate summoned Comitia it was invariably for the 
purpose of (uking the people to do something, (ut rogaret quid populum,) and 
m submitting the matter to their consideration, he was said agere cum populo, 
which became the technical phiase for dealing nith the people in their ComiUa 
— Cum popvlo agere at rogare quid populam quod suJfTagiit sum aut iubeat 
oof vettL^ 

There were three kinds of Comitia, which were named trom the three modes is 
which the people were organized politically. Theae were — 

1. Comitia Curiala, in which the people voted in Curiae. 

2. Cenluriala, .... Centuriae. 

8. Tributa, Tribus. 

To these some add a fo&rth, Comitia Calata, the nature of which we shaB 
•xplain at the close of this chapter. 

In none of the three first named did the people vote promiscuously, but, 

iVuroL.L-VLISa PuL Diu. I v. Csiifrii. I> «. ••. /nb'ci'un.p. Ill 

t C amtlaum limim tiinrbafltctri ml voaiil«m trm uHB rcvaf^M. Aul. OtU. XIU IS. 

s Cla. In VMls. I. Id Fib. IX. u td A(L IV. 1. pro Flun. 7. 

• Liv. vn. sl^uviii u. xxsix. IS. xliii. ig. 

• Ur.in.Ti. vi.m 

lAnLadLXIILI&ooiBD Cia. dL Ifcii. III. <. In Villn.T. SiirDit C«t. SI. Kunb. 
I; L la W< Bud In Ut. XLIL It. tb* phru* agm lo pepiU-m BHd >llh rdmia u & 



136 COMnU IN GKKEBAL. 

"*™Ji"g to the nitnra of the ComitU, each voted In the Qtria, in tlie Ceit- 
Utria, or Id the TYSna to which he belonged, tod in no cue wm th« resnh 
dedded Bimplj by the majorily of the gross number who gave their vote*. 

Thiu, in the Comitia Centariata, eikch Centaria bad one rote, and the vote 
rfeacb Centuria wa* detenoined bj the mqorit^ of the bdividnal voters which 
it amtuiied. The vote of eaoh Centmia being deUnnined in this manner, the 
question under consideration was dedded bj the majority' of the Centnriea. But 
Binee the different Ceatmiea did not all contain the same groas number of vMeta, 
some contaimng a much larger nmnber than otbera, it did not bj anj meana 
follow, that a majority of the CentBnea expressed the o|»mon of a m^ori^ of 
the grosi number of individual voters in the oommnnitj at large. 

Exactly the same prindple waa followed in the Comitia Giriata and in the 
Contilia Tribafa, the majority of Curiae in the one, and of tbe TVAiu in the 
otbv, decided the question, while tbe vole of each Curia and of each Tribu waa 
determined by the m^ority of the individuals which it oontiuned. 

Since Comitia were louunoned tegnlarly every year daring the period of tbt 
republid, for the election of magietratee, the wml Comtia is not unfreqaently 
used as equivalent to eUctiora, Kmetimcs by itself and sometimes with tbe 
addition of an adjective, indicating the maftiitrates for whose election the 
assembly waa summoned. Thus, the sentence JainConiifuiruina^tpetehiElfnunii 
meaiu, the period for the annual eketiont teai nom approachiTig ; and in like 
manner, Clodiai qumn videret ita tracta esse Coimtia anno mperiort meana, 
tiiat the electioTis bad been deferred for so long a period, So. ; while Cantitia 
Comularia — Praetoria — Aedilicia — Cemoria I. Ceiaorwn — Pon^fida s. 
Parttifai'm — are phrases denoting the assemblies held fin Oit tiectioa of Conmli 
— Praetors — Aediles, Ecc 

FsBcttoM* ml iIhi ■■rcaidiBc Mm^mrmt*. — T1)e magittiate who nnnmoiMd 
a meeting of Comitia also presided, (comitiia praterat^ and was said hahert 
Comitia : in submitting any measure for the approval of the people, which he 
did commendiig with the form Velitis Jubta^, Qairitea, he was said agert 
cum popido — coDsaUre popuium— /erre ad populum — rogare, and the latter 
verb, whidi implies the asking, the cBsential oharacteriatio of all ComiUa, is 
also applied to the olgect upon whidi tbe people were required to vote, as, fia 
exam^ rogare fejetw — rogare magittratus — rogare comulei — rogare fy- 
toret, i.e. to propote a law — magistrates, consnla, &o. the phrases being eQiptioal 
abbrcvations for rogare popuhm legem — rogare popaUaa eonmka, Eui. ; so in 
like manner, iTrogart maitam a. poeaam is to mk the people to inflict a fine 
or penalty, and arrogatio ia atkiug leave to take to yourself or adopt the diQd 
of another. When tbe president called upon the people to give thur TOta, ba 
was said miltere poptjum a. cenlurias s. tribia in gaffragimm — at, m mffra- 
gium vocare ; the voters, on the other hand, were said ire in n^'ajriua — 
suffragiian imTe—/erre tuffragium—ferre senlentia.'m, 'Whwi lie dianuaed 
tbe assembly after the bnsinese was concluded, he was sud iHtmtUre popubait 
— eomitataa dinaOtrt; when tbe assembly was broken up suddenly widnnt 
coming to a decision, it was said dirimi a, Tescindi. 

■■Katla. !.«. — Bince tbe essence of the procedure coniisted in asking tfas 
peqile to vote upon something, the word Rogatio is fleqoently need to doiote 
a £iU proposed to the people ; hence promtdgare Rogatioiiem means to puiUA a 
bill previous to its being submitted to the Comitia ; aod acceding as tte people 
ac«q)tad or rejected it, they were said jubere or antipuirt rogationem. Jmr 
a Rogatio was passed (lata est) it became a Lex; bat in praotiM BogaSt 



139 

and Ltx wtxt fteqamtlr n«ed m conTertible tenns, jtut la BUI and Lan are hy 
onrfdrn. The Tcrb liogo Rnd its compounds enter inlo mas/ tedmicalitka 
wnuiected with the parsing of Iain. To repeal a Uw, was legem abrogare ; to 
repeal a poitdon bnt not the whole, aliquid Ugi derogart ; to add new daoaet lo 
an editing law, aliqtcid Ugi mArogare ; and when the proTiaioDa of an old law 
were altered or in any way affected by a new law, the fonner wm said obrogan, ' 

The presiding raagiatrate being the pereon who Bnbmitted the meamre to the 
{>BOple and BnnoimMd the result, waa said, indindiially, as it were, /erre ■• 
per/em legem when the law wai pasted, and so, m the oaK of electiona, he 
was said crtart coramita — creare praetorti, &c. as if it were his own act and 
deed. Thns, Dictator pHtao comiliati die creavil coiuuia — Duo coniuJet 
evmiliit ceaturialis a praefecio urbit creati mini — Brutus eoUegam nU ereavU 
eormtoM eentariatii — Per mterregm conttile$ ertati. ' 

Pa^rcr «f Ike PmldiHf IHBctotrKtc. — In addition to the mere ministerial 
fnnctions peribimed by the presiding magistrate, and to the infloence wbidi he 
Datorally exercised «e preside]! of the meeting, be widded con^derabte 'cmiti- 



1. No one conld address the meeting without hit permission, except a nagia- 
Irate of equal or superior nnk to himidf, or a Tribune of the Flebs, although in 
■ome case* perii^ts a senator mig^t insist npon being beard. * 

We find examples, however, of private individuals, when refuaed fa'ba^ of 

rch by the oonsuls, obtaining it bj an appeal to the Ttibnnes ; * and ainM 
Tribnnei, in virtue of their office, could prevent a person from speaking, it 
was cDstomary lo ask peimisnon of them as well as of the president. ' 

2. Tie had the power, if be thongbt fit, of fixing a Bmit to the space dnring 
which an orator was to spealc, in order to prevent persons from wasting time 
needleaaly, orfTomwilfuUy delaying the proceedings, with a view to frustrate 
the measure nnder discussion.' 

3. At an election he could refuse to admit the name of any candidate whom 
he re^rded u legallj diaqnalified, and in doing this he was said atiquem nim 
Hcciper^ — nomen alicuius noa accipere^ration^m alicuiu$ fiOA habere — and 
if^ notwithstanding a declaration to this effect, votes were tendered for anch a 
candidate, he might refuse to receive them, {miffragia rum o&wrrare, ) or ref ate 
to retnm him as elected {renuntiare.] Of course, the presiding magistrate 
incDTTed reapousibility in adopting such a course, and was liable to be called to 
account at a anhseqaent period, if it should appear that hehad been actuated hy 
personal enmity or bctioas motives.' 

Bnt although the president could refuse to return another candidate, he waa 

not Jjermitted, nnder any drc ' --— i. — i.; 1* — j v .i..:_j:_ 

natum and disgust excited b 
own re-election as Decemvir.- 

Mmmmmr •€ V—tmf, —For a long period the votes in the Comitia were given 
fivft voce, and hence the phrase dkere aliqutm eontulem.' i.e. to vote for a 
peraoD to be consul ; bnt voting by ballot [per taieUai) was introdnoed at the 



ithough the president could refuse to return another candidate, be waa 
!nitted,nnder any circumstaDCeB, to return himself, and hence the indiff- 
ind disgust excited by the conduct of Appios when he prauded at ma 



nipiui. ti*g. L s. 

i.&4orxxxiv. I. xLit.si. XLV.n. 



Ut. xzv. t i.«aiLini.M. 



... Non Cui. XZXIX. St. 

>. nLII.IXM.X.19. XXXIX.M Cl&Bnt.l4. TsLHutlLTilLX 



• LIv. IU» SMilL 

• LIT. X. la at. XXIX. a>. 



^oiizodbyGoogle 



counu DT ^onouL. 



1. Ltx Gabutta, puted B.C. 139, by Gabimns, a Tiibnne of the Fletw, 

cnicting that, in the elaation of migiUMtei, the votce (ihoold be given by baOat. ' 

2. Lex CoMta, canied m B.C. 137, by L. Caanna, Tribune oi the Pleba, 
aft«r nriHig oppowtion. Ve gather that thli law provided for the ballot t'n 
fudicio popaii, except in ca«a of PerdueUio. Cooaidenble controveraj hu 
arisen as to the inlerprotation of the ezpresMon Jitdicio populi, hot there can be 
Utile doubt that it here inclndes ali criminai trials, whether held before the 
peqde, in thdr Comitia, or betbce commiauonen to whom the people delected 
their jmudictton. * 

3. Lex Papiria, mused B.C. 131, by C. Papirins Cwbo, Tribune of th« 
Plebs, which providsa that the ballot should be iatrodaoed ui Ugibua jvhendit 
ae velattdii. 

i. Ltx CaeUa, passed B.C. 107, by C. Caeliua, ia terms of which the baUot 
was extended to trials for PerdaeUio, whiob had been spedally exoepled bj the 
Lex Cauia. 

AmiDKeMeHia ff c*IImi1bc tl>« Tatea. — On the daj of the Comitia, a 
natnber of small enclosuies, called Sepia or OvUia were erected in the Foimn, 
in the CatnptiB Hartiua, or wherever the assembly was to be held. These, when 
set np in the Forum, were of coune removed as booq as the proceedings wk« 
over ; but in the Campus Hsrtius, towards the end of the repnblio at least, 
there were permanent stmctnres devoted to this purpose (see above, p. 4G.) 
Each Septum was entered bj a narrow pufiage or plank termed Poru a. PonCi- 
cubit, and egress was afforded by a eiutilar Poiu upon the opposite side. On 
the PotiKs at each end of tlic Seplutn stood vases called Cislae s. CisteUae s. 
Sitellae s. Umae. When the Tribes or Centnries were called up to vote, each 
individual, as he pissed along the Pons, received a oertoju number of tickets 
(labellae') from persons who took them out of the vases, and who, from their 
office of distribution, were eslled Divitores s. Diribilores, and in perfonning 
this duty were said Tabellai diribere, the operation itself being termed Suffra- 
giorum diribitio. * 

When the subject under discussion was a law, each voter, it would appear, 
Kceived tiro tickets ; on one of these were marked the letters V.B. the initiols of 
the words Uti Itogai,' i.e. let It be as you aik, and this he used if he was 
favourable to the measure ; on the other was marked the letter A. the initial ol 
the word Auliqiio, i.e. antiqua probo, I prefer (Ae old Mlate of maUert, and this 
he used if he voted against the Bill, whence the phrase onft^uare 2egan signiGes 
to rgecf a law. ' 

In the case of a criminsl trial, the voter reenved three tickets, one mailed A, 
(or Abtolco, another C. for Condemno, and a third N.L. for Non Liquet, Le. 



in Van. p. III. BchoL Bah. p. MO. cl o'relL Con'ioU ilio CIc. pro Pluo. S ud Flln. Epp. 

wwvTVP. (hst 1h* opentlan lni[^§«] hj iliritefe WH the trrBH^rnvDi snd ckuttflcatloQ dT 
:ba VDUl srter Uu ttokoU bad bscn dropped Into th« urn- On 1h« DiribUoriam h« Kbov^ 



L Fnl. DIM. aT. ^iitfiHrr, p. it. 



GOlftnA m OEXEBAI. 141 

/ emtul RKiibc np my mind; and to emplo; tliti was TirtoaUj to decline giviiig 

»TOt«. 

Id the cue of electi<Hui it would seem probable — bat we have do distinct 
informa^oa apoo this pomt — that eacli voter recdred a blank tablet, on wtuch 
he wrote the uidal letten of the Domes of liis favourite candidates. 

The voten havinr received their tickets, passed bto the Septum, wlicre thej 
t^obablj remained for a short time b consultation, and thea each as he passed 
ont WM asked for his ticket by persons called Rogatora, stationed for the 
poipoaa, br whom the; wete dropped bto the um. ' As soon as the Septum 
was emptied, the taUeti were shaken out, arranged and counted under the 
inspection of teQeis, called Ctulada, who, in peribnning this operation, were 
■aid — Saffragia dirimere — Saffragia dacribere — TVifriM dtsenbere. ' 

In iUostration of what has been said above, we maj relbr to the denarius 
of the Geos Cassia, engraved b p. 15, 
where we see on one side of the temple a 
repreMntation of the SiltUa or BaUotmg 
Dm, and on the other a TabeUa with 



,) 
leGent, ofwhicli 



a cot is annexed, we see a voter in the 
of dropping his ticket bto the box. The Ggni 
Hottilia, or which also we annex a cut, 
are generallj supposed to Im Toters pass- 
ing aloitg the the Pons bto the Septum, 




but o 






kwitb c 



r Century 
having been thus ascertuned was reported 
to the preaidbg ma^strate, who pro- — 

claimed (retmntiavU) the result to those around, and made it known to those at 
a distanoe by means of the pnblio criers, (proeconei,) * and b like manner, 
when all the Tribes and Centuries had voted, the general result was declared. 

If the votes Ibr and against any measure were equal, which might luqtpen 
from an equality of voieee b individual Tribes or Centuries, the measure was 
bet ; m the case of a crimbal trial, such a result was legiidcd as equivalent t« 
an acquittal. 

As to the manner b which the votes were oollcctcd wheo given viv3 voce, ws 
■re almost totallv destitute of inlbnnatiot). It seems probable that the voters, in 
panbg along the Pontes., were questioned by the Rogatores, and that their 
iqily was noted down by a dot pricked upon a tablet. Hence the word punctum 
is oonstantly used in the sense of a role, and fern puncia means to gain eotet, 
thus NonnuUa* tntnu puxctii paene lotidtm lulerunl Plancnu et Flotuu — 
'Recardor quemtum hoe guaationeM . . . puactonm itcbii deiToxerint ;^ and 



J. DItId. IL M, 4a N. D. IL *. 

«. da !■(. ap. IL IIL pro PJinc 8. M. id a F. III. 4. Ont pMi 

mHltoW fwK fKHTu TVitw >strtet adilta. Van. K, k. I IL n 
It. da lif. fi. IL 1. B. pn Msm. L 



142 comtL 

AAer tbe vote* bad been taken Hid tbe resnlt vmcniDeed, the pi«iidiiig 
nugistnite iuTited the aseemblj to liisperae b; tbe form — Si vobis videtur, 
discedite, Qairita — aad tbe same words were employed irben he called npon 
tbem to separate for tbe pwpoae of TotiiiE- ' 

Qaanm — Although the preeeiuw of s ceitiin fij<«d nnmber of mdividnala 
was not held necessary to oonstitnte a lawful asaemblj, it would appear that, 
occasionally, wben the namber in attendance was vtiy email, the boaiiMa wia 
defeiTEd and the Comitia dinniaaed. 

lu the case of an election, bowever, it wai neoessaiy for a oandtdate to obtam 
tbe votes of a certain namber of Centuries or Tribes, and if, in GOnseqiwDce of 
the votes bcin? divided among sererat competitors, the individnal who had a 
nwjoiity over hii livalB, failed to obtain the fiiU nmnbei necMEary, be was said 
— nun expUre Iribm — non conjuxrt legilma mffTogia. * 

la a coDsnlar election, if one consnl was dnly elected, wliile tbe candidate 
who Btood second failed to [Mticnre the necesaaiy nnmber of votes, tbe coosnl 
dulj elected had tbe right of nominating his coUeagne, without tbe matter being 
^ain referred to the Comitia, and a similar practice prevuled in the dsetioa W 
Tribunes of the Flebe. * This did cot hold for Fraeton, Aediles and QnaeUon ; 
but if the election of these magistrates was intermpted from this or from any 
other canae, the Comida wete summoaed again and again, until tbey arrived at 
a legal decision. It may be infeired, however, from a passage in Cicero, that 
if two competitors for the Aedilcahip received an equal number of votes, tliw 
tbdi pretensions were decided by lot. * On the other hand, in the election of 
Censors, if both did not obtain the fiill number of votes, then neither was 

Aiafticlm, — The Romans, in the earlier ages of their history, never entered 
npon any important bnuness whatsoever, whether public or private, wtthont 
endeavouring, by means of divination, to asESitaiu tbe will of tba gods in 
reference to the undertaking (nisi mapicolo — niii auspido priut nunto.) This 

rition was tenned «um£r< auqiida ; and if the omens pn)ved Dn&vonrable, 
buMnesB was abandoned or deferred — Apod antiqaos ror tolum pvbHai 
sed etiam privatim nihil gerebatiir niii autpicio prim tumto—Atapieiit htme 
urban conditam esse, atupidii beUo ac pace doim miiiSiatqat onmia gtri, 
qidt at qui ignoretP—Aiupicia, guiiiu hate urfti otmdita «tt, qvSmt omnit 
renmblica atque imperium cojlliiutm: * 

No meeting of the Comitia Curiata nor of the Comitia Centnriala oonld be held 
nnless the an^ces bad been previoosly taken ; and altbou^ this mle did not 
spflj criginallj to the Comitia Trihuta, that assembly also was, in later times, 
to a certain d^p^e, dq>endent npon the auspices. ' 

la the earlier ages of the state, the Fatridans daimed the exclnnve ririil. of 
talung anspioes, «««arting that this power was vested in them alone, (nobu 
propria itaU aatpieia — luni avtpicia taore motorum penes Po/res,) atid hence 
the Patricians wert said ioiere aasptdd, i.e. to be in poaat as ion of the ana- 

I Ut. u. k ni. II. 

1 ut. iu s«, IX. s4. xxzth. 4t. 

s Ut. il » 

t Ut. XL. CO. Anl. 0>U. Xltt. ]& do. pn PhM. MUl ad Au. IX ft 

s Uv. iz. Si 

• TaL Mu IL L L LtT. VL 41. Oe. la TUIb. 0. da. DMa. L I& 
^Ut.LSS. DlwrLlLa TbHtpuHgnwonldaHinUliMr.tka 
■rUw rt*l> tbe meMfain sf Iha Pl«b> wan d*p*aaaat bbso uudoM. 
S Ut. V. li. X. t. Anl OIL xin. )». 

I ,l,z<,i:,.,G00gl 



Autpicia. 
The Gk 



143 

But as b' u pnUio piooeedingi wen ooooKnid, no private indiTidnil, ami 
MDong (be Patridana, bad the right of taking auipicet. This dot^ clevoW»d 
npon th« mpreiiH mspitrate aloDS, m that during the regal period, the kings 
only could tike the aii»pcea, and during the repoblic the conauk onij, as long 
at tbej nmaioed in the dlj. In an army this power lielonged exclnsiTely to 
tha oommaiuIeT- in-chief ; aiid hence all actuerements were said to be peribnned 
Older bia aoqiioea, even altlHxigh be were not preaent ; aad a lietoty gained 
by eoa o[ hia nbordinalt offioen, a legatia, for example, was said to have been 
WVB (Kwnmi Coanift, duetn LegatL This principle was sdtl obecrred aAar 
tbedown&loftbefreeeonatitDtin]; and the emperor being, ui virtue of his offioe, 
ftnml-in-ducfof ^ the anniei oTtheatatei every militaij exploit, in whatever 
part of the «<nid it might be peribnned, was i«gaj^ed as fallmg under hia 

bet, that the chief magistrate alone could take the auspices, and the 
anomptiOQ that no one but a PalridaD poaseesed the privilege, formed one of 
tlie argnmenta most strenuouslj urged against Che admifuoon of the Plebeians to 
die ooDsnUiip, {quod nemo Pkbeitu auipicia kaberet,) it being maintained 
diat no Flebuan oouanl could, without sacrilege, attempt 10 make the requisite 
obaervations — Quid iaUur aliud, qiiam lollil ex cMtate auipida, qui plebeioi 
conmUi crtajulo, a Palrilna, qui toli ta hdbtre poituni, au/ert. ' Upou like 



alleged that the whole discipline would be thrown into oonfiision bj these il 
•MOTted unioiM and a hybrid progeny — Perturbationem atapieiortim pubKcorum 
prinaUirmnqiai afftrvt — (t/eo dicvnuiiTOi ccnnubium diremuK ne tncerta proU 
OMpicM turbarentur,* 

Vben, however, a king died, then the Patricians, aa a body, were required to 
take the anq>ice* before the; could elect his anccessor or choose an Inter-rex ; 
and in this case the anspicea were said Rtdire ad Patru, to retam, as it were, 
to the source from whence they had been derived ; and the aame took place 
under the oonunonwealth, when both oonRnls died or resigned befbre they had 
hdd theComitia for the eieotioa of a saccessor, or had oainad a Dictator for that 
purpose. Whenever it became neoessai; from this, or from my otber canse, to 
seek the anspicea at the fonntain whence they were snppoaed to flow, the proceas 
was termed — atapieia de integro repettri — aatpida raunKcrt—per inttrregnum 
Tttiovart aiapicia.* 

Amaf Uim tm VmmmmmtUm wMfc tke Caal^a. — Kdther the Comitia Cnriata 
itor the CMuida Centoriata could be held nnless the auspices had been taken 
aad prcnonnced &vonrable. The objects observed in taking these anspicea wen 
Iwdi, the claas of animals from which the word is derived (Auapicnni ab avt 
spujoufa.) Of tbeae, some were believed lo give indications by their fli^t, and 
wen teohmcally termed Alibes a. Praepeta, others by their notes or cnea, and 
benoe wae termed Oicina, while a third class oonsiited of chickens (PuUi) 
kept in cases. When it was desired to obtun an omen fntm these last, food 
was placed before them, and the marmer in which they comported thonselves 
waa cioeely watched. If they refiised to feed, oi fed slowly, the anapicee were 
ragarded as nnfavoarable i on the other hand, if they fitd vonuaonsly, and 
e^edallj if a portion of their food, falling trom their bills, simck the grinnd, 



a. VI. 1. 1. Tin a it 



^oiizodbyGoogle 



144 COKITL 

which Kas tenned Tripudium Solittimum, ' the omen wte itgarded u in tha 
liighest degree propitiooB. The three tbnm of divina^n trom birdi are aJlnded 
to in Cioero vhen he mj» — Non tx aliiU inro^fu, nee e eatUu tiaUtro oteinit, 
al t'n Tiotlra diicipUna e»t, ate ex tripudio lolislimo, tibi angaror. ' 

The manner of taking tlie auspioea prerioue to the Comitia irai ai follom : — 
The magiatrate wlio wm to preside at the assembly arose immediatelj after 
tDidnight on the daj for which it had been summoned, and caJled npon an 
sngur to assist hun (^aagurem in atapicium oifAifre&anf.) With his aid a region 
of the eky and a spaoe of giDund, within wMch the aospioei were observed, were 
maAed oat by the divinuig staff (Utaus) of the augur, an opern^n whidi was 
tenned Ttmplam eapere, the whole apace thus designated being called Templam, 
and the spot on which they- stood Taberaacuhm, in eonseqnenoe, vety 
probably, of a tent or hut being erected for the occasiou. 

Tliii operation was performed with the greatest core ; lor if it was discovered 
at any future time that any irregulaiity bad been committed in this, o 
other poiot connected with the anspioes, (laiwmaculum non reete ec_ 
labenuieulian viUo captum — auipieia parum recle capla — auspida i 
coniacla,) tlie whole of the snluequcnt prooeedings became noil and void, and if 
inagiUratee had been elected under snch circnmstances, thej were said to be 
viCio creati, and oompeUed at oitce to resign their office. In making the 
Docesearj observations, the president was guided entirely by the augur, who 
reporied to him the reault. Thb fonnsJ report, if favourable, was termed 
Niaitiatio, if nnfavoorable, Obiiuntiatio ; in the fonner case he declared Siten- 
lium eue eiiUtur, i.e. there is no evil sight or sound; in the latter case he 
postponed the proposed assembly by pronouncing the words Alio die. The 
•nwices observed in the manner above described, formed sn indispensable 
piefiminaiy to all meetings of the Comitia Centuriats, and, we have every reason 
to believe, of the Comitia Conata also ; and these observations could be taken 
by the presiding magistrate only, with the aid of the angnr whom he invited to 
attend him. * 

Scirmre de CocI*. — There was, however, Bnotlier class of Omens or anspioes 
connected with the Comitia, which exercised an important influence, eepeoatly 
towards the close of the republic. The nature of these has been fi^qnenlly 
niisnnderstood, and most therefore be distinctly explained. 

lAMrding to the discipline of the auguis, no popular assemUy conld oontinoft 
its prooeedings if thunder or lightning were observed, or if a storm of ai^ kind 
atwe Jove tonanU, cum populo agi non esse fa»—~JoTre fuigeate ne/at ette 
cum populo agi, aiigurea omna uague a Romiuo decrevere — In naitrit eom- 
mealanit teriplam kabemue, Jove UmanU falguranU ComiHa popvU haberi 
Tie/cu — Falnten tiniitrum ausptcium optimum habemui ad omnei ra prater- 
fuam ad Comitia * — and accordingly, if such appeaimces manifested thonielvea, 
^e meeting at once broke up ; (e.g. Pratlorum Comitia tempeitat diremit ;) * 
but 00 distinct rnlea, as far as we know, were laid down in the earlier s^^ of 
tlie oommonweallh with regard to observing and reporting soch phenomena. 

About the yen B.C. 156, a law, or perhaps two laws, one bdng supfdamccta^ 

1 CiHi bMr afi cmMI u gn auBL lum an niiw W TsiTDDiDK leunmmt mnUitt Ote. 
4a DlrtiL^L ai aomp. L li 
1 at. w) Fun. VL 0. 
) CIS. da DlTln. L II. TL ». da H. I>. II. 4 la Ltft. IL II. in. 4 IM. IT. 1. TIIL 11. » 



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COWTIA IX OESKBAL. 145 

lo tlie other, mn pused by Q. Aelius Pnetiu and H, Fnfiiu, Tribonei of tb* 
FJeb*, which ar« freqaentl^ referred to bj Cicero, u Ltx Aeha Fufia or Ltx 
Aelia el Lex Fiifia. 

One of the chief prorudoiu of the&e ensctments wsi, that it ihould be lawfiil for 
tay of the BUperior nuigukates to watch the heavens (Krvare de eodo) <m tb« 
daj <Hi which assembiies of the people ^eni held, whether Comitia Ontoriata or 
Comitia Tributa, and if they saw lightning, to report tbia (obnttntiare) to the 
presiding magietrate. The right of obeerriug the heaveni, termed Speclio, 
belonged to the magistrates alone, and hence Cicero laya, (Philipp. II. 33,) Not 
(ec angnree) jiDnriAnoNEK tohan habemiu, al comulet it rtUqai magi^ratiu 



Bat, by another prindple in the diwipline of the angure, it was onlawfiil to 
liold Comitia while any one was known to be engaged in t^lng the aua{uaea or 
watching the beaveDs, while the u'ill of the goda might theralcm be regarded 
as not yet folly ascertained (Orat. pro. dam. Id.) 

Hence, if, on the day when a meeting of Comitia was about to be held, ime of 
the higher msgiBtrstes thon^ht fit lo annonnce to the presiding magistrate that 
he waa engaged in observuig the heavens, (ae xrvare de coeio,) or if ho 
gave notice previonslj that he intended to be so engaged on the day fixed 
for an aeeanUy, this waa held to be an Obtanfiotio, and the prooeedinga 
tim snipped. 

The great object and effect of these laws waa to impede bas^ and rash legli- 
lation, by jintting it in the power ot ereiy magistrate to itay prooeedings; and 
hence thej are described as propugnaetda et mvroi tranqmUUatis tt o(U bj 
Cicero, (In Fison. 4,) who declares in another place, (In Vatin. 7,) ea taepe- 
toimero rUbiliiatiiae el repreume trihunidot /urora. These laws, after having 
been stiictlr observed for nearly a centnry, were disregarded by Cesar and by 
Tadnioa, during tbe oonsnlship of the former, B.C. 59 ; for ibej peraisled in 
forcing throngh several measures in defiance of a formal Obnutitiatio on the part 
of Bilralos and othera. This Tiolatioi) of the oonstitatton forms a theme of bitter 



if Cicero anainst Tstinins ; and the opponente of Cxsar 
A that all his ovro proceedings, (acta,) as well as those of his satellite, 
were in reality noil and Toid. The Lex Aelia et Fufa was repealed by Clodins, 
or peibapa rather suspended, for it eetma to have been in fonie at a period 
anbeeqnent to bis triboneahip (see Cic pro Seat. 61. ad Q. F. JU. 3. Fhilipp. 
JO. 32.) 
Jl Dasice mtCumitlm. — The Comitia Centuriata and the Comitia Iribnta were 
d by a written proclamation, (etiicfuin,) issued by the consul or other 
te who WIS to preside. ' It appears to have been cnstAnsry, from a 



very eady period, ' to issue this proclamation seventeen days beforehand, and 
this ipaoe of time was termed Trmundiaum, because, in this way, the sutgect 
to be discussed became known to the people for three snooesNTe market-daya 
(nURdmoe) before they were called upon to give thtir volea. But altbongh tbia 
may have becm the practice sanctioned by custom, there can be no donbt that it 
waa often departed from in cases of eme^euoy, and laws were passed, and 
nagistrates were elected, sometimes even upon a ungle day's notice.' Bnt by 
the Lex CaeciUa Didia, passed B.C. 98, it was positively enacted that no Uw 
Mold be proposed to the people for thdr acceptance until its pKmrieos bad beat 



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146 

fVbBriwd Ibr the q>«oe of Triraatdimim il leut, (ut le^tM TTvomdmo St 
promttlgareiiiur,) cMa poblicotiiHi being tenncd Promulgatio, wbenoe Pramd' 
gare l^em meuu to propote a lam. Tbe proviiioiu of the Lei Caeoilia Didi* 
were mbeequenUv made more Etringeut by the Lex Licinia Junta, puaed, 
pnbibly, ID B.C. 62. Cicero makes repeated lUaaion In thwe lawa, and UmvU 
their Tiidation during the Iroublons period trben be lived. 

IMes C»MWiiile». 1 — Comitia could be held upon pariJcoUr iija odIt, vhkll 
mn, from thU circomitaaoe, maiked in the KoUndan a« Diet Omitiata; and 
tbeie oould not have been verj nmnsroui if ire obterve those wbioh we kninr to 
have been excluded. Theee were — 

1. AH Dial Fail, i.e. oil daji consecraled to the worship of the gods, and 
edebrated b; saerifices, banqueta or games. Among these were indaded tbe 
Calsudi and Idea of eveiy m<Hith, Ebe foimer being aacred to Juno, the latter b> 
Jitter. 

2. The Nutidmat oc market daji on n-hioh tbe conntr}' people came bio Um 
oaty to bay or sell, and which ^I every eighth day. This restriction, howerer, 
may have been in part removed by tbe Lex Horienaia of B.C. 286, whidi 
dedared that it should be biwfiil to transact legal bumneas on tbe Knndinae. 

3. It e,ppe$izt that by a Lex Papia, regardmg which we know ijtiJe but tbe 
mme, that it was foAidden to hold a meeting of the Senate on a Dies ComiiiaS*, 
to tiiat many day* open for ordinary business oould not have been Dia Coni- 
liak*. 

— We know nothing as to the period of the day M which 
\y assembled ; but it was a general conetltnCional nilc, that do 
pablio boHnew of any kind could be transacted before sunrise or after sunset. * 

B» M W wMeh KichI Bkni^Ir pm an ead M ■ neetlii|| »t Caaaltlii. — 
We bave abeady seen that if the auspices nere unfavourable tbe assembly was 
pot off; but even after the Comitia had met, the meeting might be broken np 
nHhatt ooming to a vote by various cinsnmstances. 

1. JS any magistrate of equal or superior rank to the presiding magistiale 
amn formal notice (pbntmtiavU) that he was watching tbe heavens (se tervare 
3e ootta.) See above, p. 145. 

% If li^tningwas seen or if a sodden storm arose.* See above, p. lH. 

8. If any individual present was Edied with Epilepsy, a disease which wm 
hasM named JMbrbut ComiiiaUi. * 

i. By tbe inlereeauon of one of tbe Tribunes of the Plebs. This right, whidi 
nfS be fhDy explained when we treat of the magistracy itself, could only be 
eze'led, in ^e ease of a law, after the law had been read over, but befbiv tike 
people bad began to vote. ' 

6. By nigbt-tall coming on before the business was concluded. 
I 6. If the standard hoisted on the Janiculum was lowered ; but this applied to 
/ tlw Comitia Centuriata alone, and will be noticed in treating qwoially of that 

But uthough tbe assembly was broken np abruptly by a storm, by intemtatien, 
bj night-bll, or the like, the meeting mi^t be mlA to be merely aifjonmed, 

t aa MHHrii S. I ia.ie. TsmI..L. VI.JMI.FM. •.«. ]ViniffikT(,p.1T3L PuLDIhs.*. 

~ -■ ■■. n. Si - ■ ~ - "■ ■"-■■■- - - ■ .. -^ 

fllf ». 



) Dionn. IX. 41. Cle. Id 
■ LIT. iCL. as. 



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and the aune qneitiau mi^t be agiin nibmitted to the people em «a tlM d>r 
foUowing. ' 

The above remarks ipj^j, in a great meanin to all G<iiiiitia. Ve now pioce«d 
to consider tli«M auembllu separately. 



There can be no doabt that the Camilia Cttriata, inatitnted, we are told, ' hj 
KomuluB, formed the original, and, far a coniiderable time, the only popular 
Msembly among the Romans; bat the period during which thia aaaemblj 
exercised anj coo^derable influence or oantrol over public affiura bekmga 
exclouvel; to that epooh of hiatoiy wbicb is involved in the deepest obscmilj, 
and lience our iufonnation upon all matters of detail is extremely limited and 
nooertaia. The foUowing pointa eeem to be iiilly eetobUdied : — 

1. The eoitatituenl body of the Comilia Curiaia, as the name impliei, waa 
ecmpoeedof the thu-ty Curiae. The Cnriae being made up of Patrician Gait«a, 
it IbUowi that the Plebeians must have been altogether excladed from thesa 
UMmbliee, Whether, in ancient times, the Clients of the Pa^cians took a part 
in the ptoceedings, is a qneetion which has been mnch agitated ; but it is veij 
diffienlt to nndcrstand how a class of pcnons so completely under the inflaence 
of their Patrons as the Clients were, coold have exerdaed any independent 
political power, and hence we are led to adapt the <9inion of those who maintain 
that the Fatriciaiu alone had the right of voting. 

2. The Comitia Curiata being the only popular assembly op to the time of 
Servius Tulliug, wielded all those constitutional powers, oivU and religions, 
which were held to belong to the citixetis as a body, although thoae powers, in 
the earlier ages of the state, could not have been very clearly defined. It elected 
the IiingE, hU prieals,* and pcrh^ the quaeaCora also,* enacted laws,' declared 
war, or concluded peace, ' and waa tiio court of last appeal in all matten 
afiecting the life or privileges of FHtricians. ' 

It would be vmn if we were to attempt to enter Into details with regard to tlie 
gjnos and oeremonien observed in bolding the Comitia Curiata, indeed we on^t 
always to bear in mind that the few particnlan recorded reat, for the most part, 
upon the evidence of writers who flourished many centuries after the customs 
which they describe had entirely passed away, and who were ever prone to 
repreaeot the usages of their own times as having existed unchanged from the 
moat remote ages. On one or two topics we can speak with tolerable certain^. 

Each Curia had one vote, and the vote of each Ciu4a was determined by the 
majority of voices in that Curia, every citizen voting individually (viritinij in 
the Cona to which he belonged. The qncation nnder discussitm was decided by 
the majority of the Curiae. The Curia called up to vote first was temed 
Prmdpium ; but since we know that the same Curia did not always vote firrt, 
it IB probable that the precedeoce was, on each occasion, determined by lot. T^a 
nmnber of the Curiae bdng thirty, it mi^ht happen that they would be equaOy 
divided upon a question ; but what provision was made to meet such a contin- 
gency is nowhere indicated. The debate regarding the disposal of the pit^oty 



4 fl« the eanflicllni iHtlauniiu af JddIu Cnediviiu u. mpliD. Dli. L IS. udTult 
BIL XL M. 

• Ut.Vm.xTm.M. Anl. oil SVI. 4 l>lon;>. VIIL $1. IX. (B. 



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148 COIfTTU CURUTA. 

of tbs Tarqntni tnmed, koeonliiig to Dianrttm, npon ■ alngla Vote, w tlut til* 
Curiae niiutbivs itood rixteeo igaJaat fourtean.i 

During tbe i^al period, th* Comitii Catulm cotild not meet nalan ■nmmanwl by 
tbe Ung, or by Ilia npnMDUtlre, tba Tribonos Celenim, or, in the thxaet of the 
king, by tbe Pneftctna UrtH*, or, whan [he tbiDae wu vicanC, by an Inler-rex. 
Thoe maglttntei coold not aamiDOD the Comitia unleu antborUed by a decree of 
tbeStnale; and no meunra paaeed by the Comitiawu held valid until rat ifled by a 
decnn of tbe Senate. Notice of the asaembly waa given by Licton, one bdag 
■ttacbed to (ach Caria, (Lielor Curialut,) who went round and Bamtnoned the 
membeis IndiTidaally (nonunafiin.] Public crien (pratconet) were aomelimea em- 
pkyad for the ume pnipow. The place of meeting naa (he Comilium, where the 
tribunal of tbe king was placed (C<niinoi( ab to quod a/iiant eo CotniliU Ctrialit 
tlBliBneiaua.y 

Dnder the republic, when a Lex Curiala wu nqulred, one of tbe Conauls, a 
Piaelor or a Dictator might preside. In caaes of adopllDU and whan matters of a 
purely religiona character were debated, a Ponlifex coald hold tbe aMembly, and 
we can ecarcely donbt that the ftirio Staxiaau (eee p. 88) moat have, in eome 
instances, enjoyed a ■ImiUtr privilege.' 

It would seem that Che same solenmttiea, with regard to ansplces, sacrlfieea, and 
prayers, were obMrved in meetings of tbe Comiiia Curisla which arterwards char- 
acterised the Comitia Centuriata, and to these we ihill advert more particularly la 
(he next aectlon. 

ClndWBl DecllMe «r ike CaaalUs Cnrlata.— The fint blowto the influence 
or the CcmiCia Curiata wm the eetabliibmeat, by Sen-iua TuUiua, of tbe Comitia 
Centuriala, which included all classea of the community, and wis doubtless iotended 
to supersede, in a great measare, the most important functions of the existing 
anembly. The powers of both alike were, prabibty, almost entirely suspended 
daring the despotic sway of tbe second Tarquin ; but upon his expulsion, the 
Patrldans ncorered Ibrir power to such an entent that altliough the consuls were 
elected by tbe Comiiia Centoriata, no measure passed by that body wis tundiog 
until it had recdved the sanction of the Comitia Cnriita, in which many of the most 
important measures with regard to the infiuit republic were originated ind decided; 
and when the question arose with regard to the compilation of a new code of laws, 
the Patriciana boldly declared— ^CurBia iigit neminaa niti t Palnim.' But this 
controlling power was altogether lost when, by the Lee PuUiHa, passed bv Q. Pub- 
lillns Philo, dicUtor, B.C. 3B9, the Patna, i.e.. Patricians, were compelled (o ratify 
betbrehand whatever laws the Comitia CenCnrtata might determine.~B< fajpum qua 
Coniiiit Ctniuriafy ftrrtaiur aittt iatlwn mfffogium Palra auatora Sereat (Liv. 
TIIL 12.}' 

Moreover, tbe foundations upon which the dominion of the Patricians and the 
Comiiia Curiata tested were gradnally undermined after the etrpaliloQ of tbe kingi, 
by the steadily iocrearing inHnence of the Plebeiani, who first of all extorted the 
Tight o( electing, from their own body, magistrates Invested with great powers fiic 
the protection of their interests ; then organiaed Ihrnr c 



' Dtonjt IL T. U. «. IV. 71. IX. II. LiT. L 17. Mi VL «. Varro L L. T. J IH. LaeL 
elii ap. Aid. Qell. XV. 27. 
■Clc.deleg.i«r. ail. W. LH.IX.M. Atil. 0«IL T. M. 

• Dtonjs. IX. TS. W. V. e. 67. VL 8». VIL IS. ». Ut. 1L M. IIL 11. SI. 

* Cmfirmed lij the Ui Uatnla, B.C. 988. See Clo. BmL U. pro Plane 1. comp. Llv. L 11. 



coMitu cuvuTA. 149 

1^ tlie ume pOMn with thst mentioned m the Ust parsgnpb, established the 
inpartaDt principle that all laws paased in the Comitia Tribiita ihould be binding 
m the irbole ccnminDitj — ul PUbUcita omna Quiritu tenerent (Lir. I.e.) 
Upon this topiQ we shall laj taote in treaUng of the Comitia TrOtuta. 

Fnim this time fonrard we hear little of the Comitia Curiata, whoee influence 
may be reg;arded as having completely eeaied when the Plebciuis were admitted 
to a full participation in all political rights ; and this aaumbly would probably 
have altogether diaappeaied had it not been closely connected nilh certain 
religions observances, which, according to the ideas of the people, could not, 
withont sacrilege, have been committed to any other body. Of these, the most 
important were — 

1. The gianting of Imperittm or supreme military command. Althongh the 
kings were elected by the Comi^ Curiata, it was essential tiiat a seoond meeting 
of the same Comitia should be held for the purpose of conveying to the new 
■ovcrei^ Imperium, with which was always combined the right of taking the 
Aiafncia in the Geld, a duty and privilege ^perluning to the commandcr-m- 
chief alone. Now, although the doctrine long and strenuoDsly maintained by the 
Patricians, that they, and they lionc, possessed the right of taking auspices, 
was set aside upon the election of Plebeians to the consulate, it was still admitted 
that the power of takbg auspices miisl emanate from and be confened by the 
Patiidani ; and hence, after the election of consuls by the Comitia Centnriata, 
a law passed by tbe Comitia Ctuiata {Ltx CuriaUt de Impend) oonferriog 
Imperiuia and ue A'Upicia was, in practice, held to be essential down to the 
very close of the republic. ' Thus, Comitia Curiata quae rem taiHlarem con- 
Atait — Consult, si Legem Cariatam non liaj/et, attingere rem militarem nan 
Ucet — Demut igitur Imperium Cauari ant quo ret laiUtarit administrari, 
tentri exercitus, heUum geri non polat. ' 

This meeting of the Comitia Curiata, although never dispensed with, became 
in process of tiiae a mete Ibmi, and in the age of Cicero, the ceremonies were 
performed by an assemblage of the thirty Liciores Curiali, each rcpres^tiug 
Lis own Cnna — Comitii$ . . . iilie ad speciem alque ad jourpationem vetuetatii 
per XXX. licloru aubpicioruu cauha adumiraiia — Nunc quia prima ilia 
Comitia tenetis, Centuriata el Tributa, Curiata tantum AUSFiciosru causa 



It would appear from an eipreasion dropped by Cicero — Maiores de omnSntt 
magiitratibue bit tot eententiam Jerre voluenml* — that a meeting of ths 
Comitia Curiata was anciently requuvd to ratify the election of all magistrates; 
but that n'hen the procednre became a mere form, it was held to be essential ir 
the case of the ooninls only who thus received the auspices 

2. Arrogatio. — IVhen an individual passed by adoption mto a Gais to which 
he did not previously belong, the sanction of the Comitia Cnrinta was held reqni- 
dte, beaause, since each Gens and FamUia had its own peculiar rites, (gentilitia 
taera — taera prieala,^ the act of passing from one Cena into another, implied 
that the indiridnal adopted mnst be relieved from the obligation to perform one 
■et of ritei, and rnnst bind himself to maintain new observances. In this case, 
the qnestion beiog regarded as one of a purely religious character, Jba assembly 



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150 cowTU cuRiATA— coxnu 

WW held bfa Pontifex, and to this ire find an oUniioa in i 

bj GbIIw to Fiio— Si te prittotut Lege Curiata apud J^MiJiee*, ut nwrw ttt, 

adoptarenL^ 

When a fbreigner wii admitted into a Patrician G«u, the prooen waa tenoed 
Cooplatio; when a Plebeian entered a Patridan a«iia, AdSetlio; when a 
Patridan pasaed from one Fsliidan G«na to another, Adoptio ; wh«n a Patriciiii 
naaed into a Plebeian G«ns, Traniductio ad Plebem, and he was aaid Tramin 
ad Pldiem, the term Arrogado comprehending all the varietiea. * 

3. Sinoe it appean that the Cario Maximiu nas elected bj Comitia, ire 
oan icatcelj donbt that the Comitia in qncetion moat have beea the Conutia 
Cmiata, althongb Ifae worda of livj might lead to a difTereot condnnon. ' 
COKniA CENTUaUTA. 

We haye already (p. 96) described the distribation of the whole bodj of 
Boman dtiiens by Semus Tnlliai into Cbasen and Centuriae. One of the diief 
reanlta of this division waa the establishment of the Comitia CenUriata, which, 
during the whole period of the repnblic, was rega^rded as the most important 
of the constitutional assemblies, and wae sljled Cunitiafuf Mazimui. * The 
great chnracterietia of the Comitia Centuriata was, that from the period of il» 
uutitution it was, in the strictest sense, a national assembly, and not an assembly 
of one cIms or order. While the Comitia Cariata was, at all times, oompoaod 
exclnaiTcly of the Patridan Gentcs, and while the Comitia Tributa waa, for a 
considerable period, conGned to the Plebeians, the Comitia Centnrlata, from the 
very beginning, comprehended all citizens whatsoever, (univertua Populiu 
Romanus,)' the leading principle of dassifi cation being property, although both 
age and station eiercised inflaence to a cerlalu extent in the subordinate details. 
Oura ex aetate et censa stiffragium feralar Centuriala Comitia esse. ' 

Orl|tl<ul GaBMl(«)l*B »t Ike Caiallla CeBtarlsla. — Wc have seen (p. 
97) that the whole body of dtiiena was dirided into 193 Centuries. WTiea any 
question waa aubmitled to the Comitia Centuriata it was dcdded by a majori^ 
rf these Centuries. Each Centiiiy had one vole, nod the vote of each Century 
was decided by the minority of the individuals who were indudcd in that 
Centory. Consequently, ninety-seven Centories would form a majority in tha 
Comitia Ccnttuiata. But it will be observed that the first class, together with 
the eighteen Centuries of Equitee made up ninety-eight Centuries, so that, if the 
Centuries ofEquites and ofthefiistdass were unanimous, they would alone dcdde 
any question, whatever might be the views and wishes of the remaining Classes. 
Moreover, since tbe Eqnites and the Scat class were composed entirely of the 
most weallhy citizens, the aggregate of individuaLi contained in these ninety-eight 
Centuries most have been much smaller than in any other class; in fact, the 
number of individuals in each daaa would increase as the qnaliScation became 
lower, and the lowest class, the siith, would doubtless contain a larger number 
of individuals than all the other Classes taken together. Hence, the obvious 
effiict of this system was to throw the whole power of the state into tbe bands of 
the wealthy, while those possessed of moderate means, and those who had little 

1 TulL HIM. I. li. Hh ^k 8iM. Octn. 6}, Dion Cui. XXXVII. SI. AppUn. B.C. 
HLH. 

1 Ll>. IV. 4. la. Bom. TA, i. I. Hit. 1. OcUv. % Vbrn* It u ImpoRut pMua*<B 
AdoHlori In An). GfllL T. IS; 

* Si"' di 'a*' "Si* ""''■ **^' '*'"■ "* '" '*"■ "■ 

• LhI aii^ii^tn.' XV. 3>. 

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'«r BO naUied o^UJ would h»ve a mere nominal vcoee withont real inflsSKti, 
eioept when dlsBeniioD prevailed among ibe rich- Thii miut have beoi tba otijMt 
of Seniuji, who inteoded tbe .Conilia CentunaU to be the nptaiiB conftitntiona) 
aaaemblT, and this design wia probablj carried into cieontian wUle be Bnd ; ' 
bnt during the sway of the second Tanjuin, all the prineipki md fbnni of the 
eonttitntioD were, in a great meunre, ut at nanght, and hia ttign ^voadied 

CsHlua <;«»tnlMB Bt iba €■»■>■«—>■» tf ibe »«f>lic. — After the 
oTerthrow of tho monarohj, the whole power of the itate wu for a time wielded 
by the Patridam; and tdthongh the Comitia Centnriata waa not sboliahed, it 
occupied a dependent postion, dnoe no meamire could be nibmitted to the 
Centiuiea without the sanction of the Senate, and no vote of the CartariM wai 
held valid until ratified b; the Comitia Cnriata. 



abrogated the power poaseeaed by the Comitia Coriata bj declaring that the 
Patridana shonld be reqoiied to aanction bj antidpation whatever laws mi^t 
be passed in tbe Comitia Centuriata, and, at the same time, checked and limited 
the influence of tbe latter, by raising up a rival co'Ordinate power in the Comitia 
Tributa, which was now elevated to the rank of a national anembly, and its 
otdinanoes, originsllj applicable to the Plebdan* alone, were now made binding 
■pon the whole community. 

cronriK PTBrra^aiiva. — According to the constitution of Servius Tnllina, 
when the Centuries were called np to vote they were summoned in regular oidn, 
hennmng with the Equestrian Centuries, then the Centnriei of the first ~'~~' 



Hence, as pointed out above, if the I 
Ccntnrin and those of the firat clan were unanimous, the qnestioci was deddsd, 
and it was unnecessary to proceed fhrtber with the vote. But at an eariy period 
of thccommouweaJth,' a very important modification of these ammgemeuts was 
introduced, the Centuries were no longer called np in regular order, begfamme 
with tbe moat wealthy and gradually deaceuding, bnt the Century first cafltd 
upon to vote was flied by lot. The Centuiy upon which the lot feU was termed 
Centuria Pratrogatiia, those which immediately followed were called iVtmo 
vocatae, * the rest /ure vocatae. This precedence in voting, which we might, *t 
first sight, regard as of no moment, wss rendered of great importanoe by tbe 
suparstitioa ^the Romans. The decision by lot vita believed to be regulated t^ 
tbeGods ; and thus, the vote given by the CentuTia /VarrotfaA'va was looked upon 
as an indication of the will of heaven, (PrneroiToliwnn, ommcomifioruTn, Cicde 
Div. II. 40,) andassuch, was followed, in elections at least, byamqority of tin 
Centniies. This is known to have happened not merely in partiootar instanees, 
as when livy (XXYI. 22.) tells \a — aucioritatem Pratrogaiivae tmma Cen- 
tariae ucntae »imt — bnt Cicoo expressly declares that there was no exanuila 
inxa lecord of a candidate for a public ofBoe having failed to carry hia eleotkn 
if be obtained the suffrage of the Praerogativa — An ttaidtm ima Omfms 

itiiimi.it. «X 

tUwr\.a.eomf.%Lm.\t. DIodtl IV. XL YU. tb 

• Tb* flrit slIuloD 10 llHiineUiM Hsni to ba In LIt. T. IS. wImh tbi bMorlaa ta 
naoHIng ths ■Tsnt« of B C. BM. 

doaMfliL LlTy (I.M.)uf th»niprnriQii~«.fj<«ytwS5iiarf»rt«i ttialmnmSi 
•nUiriat amiulim UtAml I ■iHtrfiM* (XXVIl G ) tie ■pslll gf Af £<MulM Hhtall (el. 



163 countA CESTVBii.-tA. 

^vtrogativalattttaaluihetauelorilatieut nem> toupiam prior tam Ivienl quit 
remaitialm dt. do. pro PIud. SO. 

Id thii way tha infliumce of the wesltby Centnriea, although the chanoes irera 
in their broiiT, might Mmetiniee be neatndiied, and s Ceatary of the fifth da««, 
or even the O^nlt Centi, might dedde the fat« of a candidate. 

■■i«if ■»■»!■« •rtha Ce«Hri« wl<k Ike Trik«< — A change, apparently 
of a vital character, wm introdaced into the eonatitution of the Comitia Cen- 
tnriata at tome time or other during the commonwealtb, but, nnfbrtnnatelj', 
ereiy thing connected with the histot; of this change, important b« it mnit 
have been, ia mveloped in inch impenetrable obscnrilj that we can detennine 
neHber the period when it look place nor form a dutinct oonccption of ill 
naton and extent. All that we Know with certrattj amoonts to thU, that 
the CentnriEs were aomebow airuiged so ii to form component parts of the 
local Tribea, and itence the Tribes are repeatedly mentioned in connection with 
the Comida Centnriata, wi^ which ori^alljr they had certain!/ nothing in 

Varion* echemet have iMcn drawn np vrith mncb ingenuity by different 
■oholan, pointing oat bow ihii might have been effeded without totally 
destroying the fhodamoital principles opon which the Comitia Centniiata were 
baaed. But it must be bomc in mind that these attempta to aolve the problem 
are little better than pure hypotheaea, the nolicea oonuuned in ancient writen 
' ' ' 7 can, witliont violence, be accommodated 

ptata.— This was threelbld. — 
1. Election of ni«gi8trat«s. — 2. Enacting or repealing lawa. — 3. Criminal triab 
affecting the peraonal and political privil^ca of Roman dozens, to which we 
may add — The declaration of war and the conclo^on of peace, although this ii 
included nnder (2.) 

Magiitrata. — The magistrates always elected in the Comitia Centnriata, 
were the Conmls, the Practon and the Censors, to which we may add the Decem- 
viri during the bnefperiodoftheir existence, and the Tr^ni MUitares eonstdari 
poUHale. * It would appear that the Cnrule Aediles and the Quacston might be 
dwMn eitber in Ih* Conutia Centnriata or in the Comitia Tributo, at least sndi 
leemi tohave been the caae in the time of Cicero.* We find also that in special 
rinni the Comida Centnriata nominated Proconsuls, mid once it appointed a 
Prodictator. * There ia some reason to believe that during the first years of the 
oommonwealth the Comitia Caitnriata oouM not vote for any candidates for the 
consulship uuleaa nicb as had previonaly reodved the sanction of the Senate ; bnt 
tbis restriction, if it aw existed, seems to have been removed about B.C. 482. 
See Zonaiaa, sa qooted by Niebnhr, vol. II. p. 205. 

Zawt. — Any proposal for enacting a new law or repealing one already in 
fbree, might be aabmitted to the Comitia Centnriata by the presiding magiatiata, 
provided it bad previously received the sanction of the Senate (er lenatat- 
eamtdto. 

Criminal TKak^Aocording to the laws of the Xn Tables, no dia^ 
whkli involved the Caput (see p. 113) of a Boman oitiieo, ooold be tried beAn 
any tribunal except the Comitia Ceiiluriata — Turn lega proectarmaiM dt 

lu. LiT.xxiv.7. XZTIL&ZXIX.I7. as. a> In- XT. iL a 

i Ur. IlL n X. V. H. 

s cn& p» Pluw ta mi Att IV. 3. id ttm. VIL 30. 

* Uv. XXVL la. XXIL «. 



,i,z<,i:,., Google 



coioTu CEvruBUTA. 153 

XIT TabtUu tralatae duae : quorum aiUera primU^ UHUl: altera de CapiU 
etmt rogari, nid maxmo eomitiattt, vetal.—C\cM lesg. III. 19. pro Best. 34. 
From an «titj period, hoiTerer, the Comitii CentnnaU wu in th« tubit of 
ddegiting iu amhoritf to eommisuoneie, u we shall explain more ttdly iu th» 
diapur on criminal Iriala. 

mmgUiamUa who »iiM «■■»■•■ «■■! WntUti M the 0*MlUa <:■>■ 
nrlBM. — Oftbeordiuujoii^tntUitheCaiuaf, thefV(i«(Dri7r£anu(, sndtbe 
Cttuor poAsesKd thu privilege, ' and also the Deetmviri and tho Tribuni 
MiStara cotutiiari polalale, nt the period nhen th<»e otGixa irere in eziitenoe ; 
of the eitraordlDary iniiginnUei,'the Dictator, the Magaler Eqiatum, and ths 
Inltr-rex; bat all had not the Esme powen. 

When one only of the Consnla wu in the atj, it belonged to bin to inmmon 
and preiide at theae aasemblSea, wbateTCr the buuncsa mi^t be — if both oooMb 
tren present, thejr omallj dedded by lot which of them ihonld pcHbnn thii duty 
— and when both were obliged to quit the dty, they arranged tefbrehand whidi 
(bottid return and preude at the elections. * Tho Decaaviri, the 7Vi6uni MiH- 
taret amtulaH polaiate, the Dictator and the Magiiler Equiiam, etood 
exactly !□ the eame poailion at the ConsoU. 

The Praetor Urhania could hold the Comitia Centnriata for triak only, ' 
eieept in loine ran case* in which he received epccial aathority, and which muit 
therefore be reganled ae eiccplions to the rule. * The Censoia cotUd pre«de 
only whoi the aaeembly wai convoked for matteri connected with their peculiar 
dnly of taking the Censtu, and the Inter-rex, probably, at ejecliona ooly. The 
ftnt Conaale, according to IJvy, (I. GO,) were elected in the Comitja CentDriata 
by the Praeftctm Urbi; but on this point he ia oontrai^cted by Dionyaiua 
(IT. 84.) 

PidlHlMavr Vvnaa.— To Mane of ihete we have already adverted — 

1. The Senate fixed dtc day on which the assembly was to ho held, having, in 
the eaae of lawa, gWen tbek aanction to the measure which wm to be proposed. 

S. Fnblic notice of the daj of meetiog and of the bnsineas was giren by a 
written mxnUinatitHi, (edietum,) nenally seventeen days {trimtn^nam) befinv- 
band. See above p. 115. 

8. ImEnediately after midnight, on the moming fixed for the aasembly, tho 
atupicei were taken as dcMribed, p. 144, 

4. On the day of as sem bly a bnnal verbal proclamatioD waa made by a publie 
servant, a pratco, occeTuua, or eornicen, and in later times, accxtrdiag to Varro, 
by an Avgwr, calling upon the people to meet before the (knunl. ' 

Pbc* vf oimUbb. — The organization of the Classes and Centoriaa being 
originally easentially militarj, the people wero wont, in andent times, to assembu 
ia martial order, and probaUy fully armed. Hence the Comitia Centnriata ia 
fivqneotly termed, especially in l^al or sacred rormalari«B. ExerdtOM wrbanu* 
— Exercitai etntitriatta, or umply Extrcitus — the preuding magistrate waa 
■aid Imperare exercilum, and when he dismitaed tne aasembly, Exeretium 
remitlere,' Bnt since it waa contrary to Che principles of the constitnUou that 
any body of armed men should congregate nithm the walla of the dty, b wm 



To 






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F. XXTL1.XI.IIL IK 


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nwk 



164 coimiA CEMTOBiATA. 

nnnnwiirj that the Comitia Centuriata eliould be held outside tlie 
From tiM earliest timm the Campas Marttus iras the regular place of meetings 
and on one occauon onl; do ne find the CcnCnries assembliiig; in a different 
locality, (the Lucus Pottdinju, outiide of the Porta Nomentaiia, bejooi the 
Viminal,) bat tliij was for the apednl object of avoiding the sight of the 
Capitoline. ' Even after the praetiM of awembling^ in airng had long been 
diaoontmaed, the Campus Hartios continued to be the plaoe of meeting ; and as 
a memorial of the precautions observed in ancient times, when Rome was 
miTOQuded by hostile tribes up to her feij iralls, to prevent a emprise, a 
^Ischmeat of men was posted upon the Janiculum with a red banner (vexilbim 
rufi coloris) diaplajed. In the eajjj ages, when this banner was lonend it waa 
a signal that danger was at hand, and the Comitia immediatelj broke up. The 
role was never fonnallj set a«!de ; and acconlinglT, in the time of Cioeni, we 
find that the consul Metellua gave orders for the flag on the Jamcolnm to 
be strnok white the trial of Sahirias was proceeding, and thus snoeeeded in 
bftaking up the assembly before it came to a vote. ' 

wmrut mif PrfKodnw. — The dtiiens being assembled, and no interruption 
being announced from the anspicea, the proceedings were opened by a aolenQ 
faayer, (loleimie carraen precationa — aolemnu isia comitiorum pTtca&y— 
loitgum tilud comitioruvi carmen,) offered np by the presiding mapstrate, and 
the pnjer was generally, if not always, preceded by a sacrifice. ' The religion* 
rites bong completed, the preradent submitted to the meeting the matter upon 
which they were required to decide, and introduced his statement (prae/abalvT) 
by the solemn formula — Quod boriujn, /austum, fdxx, fartwialMMqat jit. * In 
the case of an election, he read over the names of the differsnt candidate*, and 
might, if he tlioughl fit, make observatioos upon thrar comparative merits. ' 
Alter he hsd concluded, any magistrate of equal or superior rank, or any of the 
Tribunes of the Plebs, might address the mnllitudc, and then private mdividaals, ' 
if tliey could obtain permission from the president and the tribmies, might come 
fbrward to argue in favour of, or against, the measure — Ad svadeniMm dia- 
nadmdumque prodRaat^-Ronumis pro condone nmdere el dtssaadere (so. 
Togarionem) morv fuiL ' This portion of the proceedings being brought to a 
ot^oluiian, if no tribune interposed his Veto, and no declaration of an nnfivour- 
able omen (oinunfiofio) was announced by a quallGed person, the president 
called npon the people to separate for the pur7)ose of voting — Si vohia videtvT, 
dueedite Quirila — lie in mffragiam bene iuvaniihia Dia. The crowd, whioh 
had hitbert{t bean standing promiecuoualy, then separated, eaoh Century having, 
prol>ably, a podtion assigned to it. Then followed the cssttng of lots to dedtb 
which Century should vote first (sortitio praerogativae.) The names of the 
different Centuries, written upon tickets (sortea) were thrown (eonwcisJianfBr) 
into a vase, (uma s. siteUa,) were shaken together, (aequahantar^ and one iS 
them was Ifaiown or drawn out, that which came Erat (jjuae prima exierai) 
bwag tht prturogativa. 'When the Centuria praerogativa baa given itavole, 



comru CEBTUiiUTA — comitia THiBnTA. 155 

the other CmtoriM were oalled np in regular succemion, beginning with tbe 
£qneBtrisn Centnries and the fint clau, on sTrsngement which leenu to hira 
remaiiied nnaltered ia the dajs of Cicero, althon^ a bill was brooght in bj C. 
Graodini to detennine the precedence of the whde bj lot — kx qiiam C. Grac- 
chui m trSnmata promalgaverat, uf ex confuxis quraqae cltaaSna aorte centariae 
vocarenlur. But although it does not appear that this propoeal erer became 
lair, it would seem that the CentnrieB BomeCinieg voted nithont pacing atCentioD 
to toy rsgnlar order of sacceuion, and iitn in that case laid inire conjuswn 
iuffragutm. ' Tbe manner of taking and counting tba TOtet, of umonndiiK the 
Tctult, and diBmisutig the aMemblj, being common to all Comitia alike, have 
b«Gn aliead/ detailed in p. 140. 



Ai tbe Comitia Curiala weie at all limes composed of Patiidam akme, to 
then ia evaj leaaon to believe that the Comitia Tributa weie originali)' confined 
to the Plebeians ; tbe Comitia Cettturiaia being the oclj one of the three 
popular aasemblies which, tram tbe fint, comprehended the roembets of both 
oraert. Henoe the Comitia TribaCa are freqnentlj fenced Condiia P!ebis, a 
came which thej retained even attar thej had ceWd to be meetings of the 
Plebs flxdntire]/, ' and the decrees passed in tbem were called PUbiscita in 
oppcadon to the Lega of the GomiliB Ceaturiala ; tbe laolntions of the Flebi 
b«ng technicalij ezpresKd by the verb jciiew?, while the people at large were 
■ud itibere — NaUam iili noatri, [maiores,] lapientiisimi et sanctMiai viri 
vim eonciimis ate voluenoit. Quae aeixertt PUbea, avt (juae Po^ltu iaberet; 
naiaaola condone, diitributii partibui, trOnilaa tt centuriaMa dexriptit 
ordinSna, cliutSnis, aeiaiSna, avdiiit aaclorSius, re tmiitos dia pronitdgata 
a cagmia, iuberi tietarique vohitnaa. • 

OrttfM Hill Pivgrna tl Ike CshIUb Tribaia.— There can be little doubt 
that the Tribes, from the time of tbeir organization bf Servios Tnllius, would 
ocoBsionallj sasemhie individnallj or oollectivelj, for the discnsaon of matlera 
cumeoted with their local or general interests ; but these meetings did not 
assume the form or dignity of leeular Comitia until the year B.C. 491, when 
the Tribes were oonvobed to give uieir verdict on the chaises againit Coriolanns, 
and this is regarded by DionyNus as (hefirst example of a meeting of the Comitia 
Tributa properly so called. * But even this migiit be regarded as an extraor- 
dinaiT procedure, not to be recognised as a precedent, and we can scarasly 
ctmnao' the Comitia Tributa to have been placed upon a regular footing noUl 
twen^ yean later, (B.C. 471,) when Pcblilius Volero, Tribune of (he Flebe, 
DMNd a Uw lAicb ordained that the Plebeian magistrates, who had hitherto 
been dionn^ tbe Comitia CnHatt, should for the fatnre be elected in the Comida 
I^JbaU. ' "aoB leeaced regular meetings at stated periods ; bat the legislative 
powers of the Comitia Tributa, in ao &r as the communitf at large was conoenied, 
were not ful^ ertablbhed nntil • mndi later period. Ve find thret distinot 
- ■ DthiiK"^- - 



jm. LtT. IXIV. T. XUn. Ift Tsl 

... _ r«p. Epft. IL & 

J. M. XXV. a A. XXVII. S. xiEtcix. ]*. 

* Cl«. prs rUu T. AoL OdL X. ML XV. n. YttV %.i. FtpuH. f. 133. 
4 Dttnii. VU tS, 

• Ut.Ilh. Dlgnlt*. IX. 41. SaoB. VU IT. 



'.OOglf 



156 OOltlTU mBDTA. 

1. Ltx VaUria Horatio, passed bj L. Tileriiu «iid U. Horcdn* wnm 
Consali, B.C. 449, who Ugaa Cenluriati* Comitiu luUre, tU quod tributim 
Pldia uufissef, Populuttt Itn^el. ' 

2. Ltx PabUtia, paraed by Q. Pubinim Fhib wh«n KoUtor, B.C. 839— 
Ut Pldntciia omna Qairitt* tenerait. ' 

3. Lex Horlensia passed by Q. Horteniiiia when Dictator, B.C. S86 — Ut 
I^ebiicita univerium Popalum tenerent. ' 

It would, at flnt sig^t, appear that theao lain, althoagh spread orer a spam 
oTa hoDdred and I'lity yeara, were obiolutely idmtical, each providing tiiat tht 
PUbiicila, or ocdinaaces passed by tbe Plebs in the Comitia Tiibota, sbouid ba 
binding not on tbe Plebs alonc^ but on the whole body of tbe Soman people 
{Qairitu — univeraut Populia llomanus.') The difficulty may be explained bj 
tappDsmg that the Lex Valeria Horalia gave to Plebiscita the force of Lega, 
provided they were saaclioni'd by tbe Senate before being snlimitted to the 
Tribes, and snbseqnentiy ratified by the Comitia Cuiiata, that the Lex PabliUa 
depriveil the Comitia Ctiriata of all right to interfere, and that tbe Lex Hortensia 
declared the consent oF the Senate to be imnecesaarf. This, it moat be under- 
stood, ia merely a hypothesis; but it is not improbable in itself, and is in 
accordance with what we know positively with regard to the progress of the 
OOnstitntion. 

From the pasting of Che Lex Valma Horatia, the Comitia Tributa aasomed 
tlie right of discharging fonctions of the same natuis as those committed to tbe 
Comitia Centuriata, that is, the election of magistratea, the mactment of laws, 
aod the trial of criminals. And we can have little donbt, that from this time 
forward the Patricians and thdr Clients voted io these assemblies, while we 
have no evidence to prove that this Cook place before the enactment of the laws 
of the XII Tables, B.C. 450. Ic is true that, theoretically, those matters alone 
OD^C to have been submitted to the ComiCia Tributa which were conceived to 
affect peculiarly the interests of the Plebs ; but it is easy, at the same time, to 
perceive that this principle, even if Ailly recognised, would admit of great latitude 
of interpretation in times of papular cxcitemcQt After Che Plebeiana were 
admitted to a fiill participation in the honours of the state, there t^peara to hare 
been little collision between the Comitia Cenfuriala and the Condlia Tributa, 
each assembly had its own dtrties defined with aoffident distinctneas, to which 
they, for tiie most part, confined themselves. 

Those which fell to the Comitia Tributa in the three depaitments noticed above, 
may be briefly ennmeraCed. 

3InKiiirKi«. — 1. The purely Plebeian magistratee, in terms of the Ian of 
Fnbliliiu Volero, namely, the ZVi&uni PUbii and AedOet Pleben. 

2. Tlie AedUes Oirulu and the QuoeiCorei, daring a oonaidcrable period ; 
but upon this point we shall speak more at large when trtadag of these offices. 

3. The membera of Che great colleges of priests, after tbe passing of the Lex 
Domitia, B.C. 104. 

4. Host of the inferior Diagtstntes inch as TVwMvtriAriHKCalH; Triumviri 
CapUakt, aod others to be spedfied hoeafler (Anl GelL Xm 15.) 

5. Such of tbe Tribuni Militum as were not nominated by the pneral (Sail 
Jng. 60. Liv. VIL5.) 

6. Tbecammisaionen,(Curatorea,)appomlcdfromtImetotinHfi]rportkDiag 



. DlmjL XL u 

I.F ZTLM. OalniLil. 



Cooglf 



COXITU THBUTA. 157 

•at grant! of th» pobUc lud unong tha poonr cI«MM {Dmrntiri, nitmrin, 
j-c egrit dividioulu, Cic d« Itg. agr. II. T.) 

Triah.— Than wer* oiigbMn.r Umllsd to cub which inmlTad > gIuis« of 
baving invaded or infrfngid Iba il^fi and prfviltgaa of the PkbeUna u an order. 
Such wart the triaU ot CoiiaUini^ tt Kima Quinctlu, of Appioa tha DKamTir, 
and of CaiBt SeDiproDini.* SabiMjDMilly thla jurudktion va* •ilendad,' id k> 
far ■■ tha uiture of tha oAocaa wu eoDcernad; but by tha laws ot tha XII, 
Tables, the Comitia Tiibnu were prohibited from inflicting any pnniihrnent 
more Mraie thin the Impoaitlua of a fine — (jaattae irTogalio]—Mii offaioa 
inroliing the Cbpit of a Boman ciUzeo, could b* Cried betinetbe Comltia Cantoriata 

Lawa It If a matter of great difficulty to fix, in general ternu, what clan 

of lawi could be l^timataly tubmitted to tbe Comltia of tha Tribea, and iudeed 
it woald ■eem Ibat tbia point wa* never very cleaily d< fined. Acctudiog to tbe 
theorj of Ibe conititntioD, it wonld be thnw only which bora npon tha iutereala 
of tbe Pkba aa a separate order; but this limitation would manlfeally prove 
almost worthleaa In practice, for no measure whatsoever could be brought forwaid 
wbicb might not be proved to bear either directly or indiiectlj- on the ialemts of 
the Plebeians. The difficulty was increaMd by tbe eircamstance that Ibe Seuat*^ 
wbeo extraordinary dispatch was nqaind, or when it Beamad unnaoeaury to 
obeerre all the tedloia fonns reqaiinl (or tha Comitia Ganturlata, frequently 
requealed the Tiibunea of tbe Plsbe to submit matters to the Comilia Tribula 
ivhicb, noder ordinary dreumstaness, would have beeo placed baTon tba Comitia 
CeDlnriata, 

That tbe pDiren of the Comitia Tribute were held Co be limited is dear hom a 
passage in Livy, (XXXTIII. 88. B.C. ISS,) where L\ Valerius Tappus, a TributM 
of the Plebs, is r^resenled as having brought iu a law tor baatowlug Che full 
Cmiai on the the Inhabitants of Fundi, Formiae and Aipinum, on which four of 
Ms colleaguts ware about to place their Veto, on tha groond that It had been 
Introduced without the sanclfon of the Senate, (gaia ikui ei auclortlate Smalut 
firrttar,) but withdraw their oppoaidon — aiioc'i prg>i^ UK noa SnuUm uw, 
tafffoghan quilna ttSI, in^Mrliri. But althongb tha powers of tha Camilla 
Tiibota wen, to a cert^ extent, ill defined, there were some mattera, such as the 
dectioD of oHiaula and other superior magistiates, in which they never attempted to 
Interitre. 



— Tbe TVttwu FIMt were naturally ttie panoos by whom the Comitia Tributa 
were, In moat cases, summoned, and who presided. When a measure was pnipoaed 
by one Tribune epeidally, with the consent, however, ot ail bis coUeapua, which was. 
eteeatlal, be would obviously preside at the mealing called to consider it. When 
tnatlen were brought forward io which the whole college of Tribunes might be sup- 
|Kianl lo fed an equal iutertat, then, Iu all probability, the presidency ws* decided 

by hd (Llv. III. ti.) 

Tbe Atdila Pkhm also bad Iba right of bddlng tba Comilia Tribata, but only, it 
would aasm, for impeachments and matters of police Immediatdy oonnactad with 
their own pacnllar Jurisdiction.* 

Tbe CcuHuls and Praslon fi«qnent1y predded at the dtctlon of such ma^trataa 
•a tbe AtdBtt Oitndt$ and tbe Qmatom, and also at trlab, but Terjr tardy 
when lam were proimedi and It seaiBa tertdn that no iu«a«Bre whalaoever 

1 DkiDIi. TIL U. UvII.U.m. U.H.IV.U. 

s e^. Llv. ZXT. S. VsL Uii^ VI. I. T, 

■ UV.UL3L Dlonya.XU. VdMu.VLLI. 



,i,z<,i:,., Google 



158 CMIErU TKUtUTA. 

ooaU be propowd to the Tribet, nor mj boaiaen 
pentiibaion of the Tribunes. ' 

H>4c of Sawwaatac^The Comi^ Tribnta miglit b« nniiiMMud It the 
dinretkm of the Tribune* of tlte Pleb*. Notice n» given of tbe propoaed 
meeting, aometiiiMa veHtallj from the Sattra, mora frequent]; b/ meaiu of s 
proclamation (edictmn) hnng up m the Forum, and the Tiatorei of the Tribmie« 
were sent round to wim the oounb; voteni within reach. Wlieu the publio 
notice wu given the nature of tlie bneinees ww explained, and when a law waa 
to be propoeed, a oopj of the law, with the namei of its moU stieunouB mpporters, 
(auelortt) waa publidj eiposed, such pnhlicatioa (promalgatio,) after the 
passing of the Lex Caecilia Didia (see above, p. 145,] taking place at least ai 
Trinuiidinam before the day fixed for the auemblf . 

Place wf yivcOm^ — The Comitia TrihuCa not b^g like the Comlda Cen- 
tnriata, esaentiall/a miUtaiy assemblage, might bchdd any where either within 
or without the walli, provided the diaUnoe from the Fomocrimn was not mora 
than a mile, bejond nliicb limit the Tribunes bad no Juriadiction. The orduuiy 
place <i! meeting within the citj was the lower Forum, and more rarelj the 
Capitol ; without the city, the Campus Martius, or the Frata Flaminia. * 

PnlfaMliHiT V^rtmm. — All the foimalitiea with r^ard to ai>a|»aee' and 
■acrifices were diapenaed with in the Comitia Tribata. The only obstacle seems 
to have been the formal aimounoement, (ofrnunfidtio,) by a qualified perwn, 
that he wa«obeemiigtiieiieaTens(<eMrrare(fecoe2o.) See above, p. 145. Comp. 
Cic in Vatia. 2. 

ilfl«4a Bf Prwc«<HV. — The people having assunhled, the president explained 
to the meeting the matter for which it had been called together ; if a law wm 
prrjposed, it was read over by a deit (icrilia) or public crier ; (praeco ;) if an 
eleoion was to take place, the names of the candidates were proclaimed by the 
president, wlio then introduced thotie who were demroos of speaking. No OM 
coold address the assembly without his permisdon except a Tribune, any we «f 
whom could at once put an end to the proceedings by hu Veto. 

TmIm^ — When the matter had been suScdenuy diecnsMd, the muldtade, who 
had been standing promiacuondy, now separated and divided into their respective 
Tribes. Lots were theu cast, deciding the order in which each tribe ehotdd vote, 
that which was called upon to vote first being styled Tribut PrincipiBin or 
IMbia PratrogaUva and the Tribes which followed lure Voealae. Tlie votes 
were originally given viva vooe, afterwards by ballot, as explained above, p. 
108. Each Tribe had one vote, the vote of the Tribe being decided by the nik^ority 
of individuals who composed the Tiibe, and the miyori^ of Tribes deciding the 
quMtion at iane. 

Although the Comitia Tribnta was the most democratic in its constitu^n of aQ 
the popular auemblies, the classification of the voters, depending entirety upon 
their place of residence, without reference to detoent, fortuue, or age, it must not 
be supposed that the suSrage of each citizen had equal weight in deciding a 
question, emce this could only have been tbe caie had each Tribe euotained 
exactly the same number of voteia. When Servius Tnllius fiist distiibiiled the 
people into local tribes, the sum total of those who lived constantly in the d^ 

1 LiT. II M iir. ji. M. 01. IV. »7 V. n. XXV. a t. xxtil m. xxi. ti. Dioajt. tl 

n. IX. tl. ■«]q X, Af. CIS. pro Beii. 3L i(g Isf . ifr. IL s. pro Pluie. ao. IB Vuta. 6 Aal 
GUI. IV, It. *»|. Mk, VI Tt 

.' "•■ lu M. XXV. *. XXVII. SI. xxxm. *&. xLiiL la cie. mi f*b. vu. ji. •« 



".OOglf 



cownA TWBiru — coinru caiata. 160 

m» not wj gnat, um] the Boman temtoiy nu dividtd nmoag a voy brge 
bodj of BmaU proprietors, so that the comber of iudividiuli in each of die four 
KgiooB of the oity did not, jnobably, greatly ezoned the munber of thoae who 
were oiroDed in the . twmtj-six oODDtij districte. Bnt, as the population of 
Borne increaied, the estates aronnd became more eztensiTe, and the nomber of 
proprietoiB and of free iabonrera diminished, *o that Uie diapaiity of namben 
in the Gty and the Rustic Tribes must hare been striking, altliongh this wh, to a 
certain extent, conntertMlanoed by the enrolment in one or other of the Snstic 
Tribei of the inhabitants of those Huuidpia nho, from time to time, were 
admitted to the foil CivUas. The Tribe to irhicli each citizen belonfted was, 
■trictlj speakmg, determined by the place of his abode ; but a wide ditcietion 
seems to have been left to the ceiuors, under whoM inapeotion the lists were 
made np. Accordingly, we find that Appius Claudius, (censor B.C. S12,) who 
■etied every opportunity of mortifying the nristoo'Bcy, in order to render the 
ComitiA Tribnta more democratic, and to neutralize ilic influence of the country 
voter*, dispersed the lowest cUsa of citizens amon^ all Che Tribes (Aumiiibiu per 
manei (riftu* divitw Foruir et Canipam cormpit . . . Ex eo tempore in duos 
porta ducauit eimitu. Ali-ud iiiltger popidui, fautor el cuttor bonoruin, 
alittd foreim* faetio undial.) ' This anaugement was, however, overthrown 
by Q, FalHUB Rallianna, who, when cenaor, (B.C. 304,) enrolled the whole of 
the ''forensia turba" in the four city tribes, and thus gained for himself and his 
deaeeodanta the title of Maximut — Fabius, simul coacordiae causa, Kmvi ne 
humiUimorum in niaiiu Comitia ettenl, oimiem /orentem turbam excrelam in 
quatuor tri&vi conUcit, urbanaiipie eas appeliavii. ' 

The chtuges which look place train time to lime regarding the Tribca in whicli 
Ltbertini were enrolled have been aJnawiy noticed. See p. 132. 



in addition to the ComUia Oiriata, C. Cmitariata and C. Tribula, we find 
a fourth apecies of Comitia mentioned, although rarely, by ancient writers, under 
tbe name of Comitia Calata, and much (Sacosaion has taken piace amon;; 
Bcholara with regard to the nature and object of these assemblies. Our chief 
infonnation is derived &om tlie following passage, in Anlug Gelliua (XT. 27.) — 

/n libro Latlu Felicia ad Q. Mueiiim prima aeriptum est, Labeonem icribere, 
Calata Comitia awe, quae pro collegia pontijicum habentur mil Regis out 
Fiaminum inaugwandorum caiaa. Eorum autem alia esse Curiata, alia 
Centuriata. Curiala per lietorem Curiatum calari id eit, canvocari: 
Centuriala per eornieinem. lisdem Comitiia quae Calata appellari diximta, 
el Sacrorum Detatatio et Tettamenta fieri soW>aM. TVia aam genera 
Uxlamentormii fm»»e oceepimus; unurn, qaod in Calatis Comitiis, in condone 
popuUfierel, Sic. 



It WKBIsfr 

1. That tiie 



t Comitia Calata was an assembly held by the Pontifices, and 
aere we may remai^ that the verb C^are, meaning lo lummon, was in ordinal^ 
OM among the Roman prieMs, whose attendants were termed Caialora. 



160 coHtni OALiTA. 

3. Th«t the object* for which th«e meetings were hdd were tlireefiJd— j^a) 
?(» the coDMcntion of certain prieata, the Bez SacrificJilia and the FiamiMi 
—(>>) For the making of vrill>~(c) Fur (he DetaUitio Saerortim. 

Fran a fall oonaidenition of the above, and all other pauagea beating upoc 
thia aubject, it appears probable tliat theaa aaaemblies were of the aune naun 
U thoie held in the Capiwl, in front of the Oiriii Calabra, (see p. 2S,) to 
which the people were convoked (calabanlHr) on the sppeannce of each new 
moon, when one of the PontiScea or the Rex Sacdficalua niade pntdamatkm 
(calando prodebal) of the di^bnlioo of the Nonet and Idea for the month, 



people at large were altogether pamive, being meiel; liatenen receiviiig infiv- 
mation, or witnewea beholding eome formal procedura. ' 

With regard to tlie making of willa, we Sad a diatinot anertion in Gaiua (II. 
g 101.) — Tatanuntorum aulem genera initio daa Juimnt.- nam aat Cololu 
Comiliii facisbant, quae Comilia bia in anno ttslamenlis Jaeiendit deittnala 
tranl, &c. — and then proceeds to aay, that the practice of making wiUa in thia 
manner had fsllen altogether into disuse, i. will made in the ComiCia Calata 
was, in all probability, a formal publie deciaiatjon bf the testator, of the mmnec 
in which he wished liis property to be disposed of after death, and thig method 
was resorted to at a period when mitlcn documents were little employed, in order 
that hia real wishes might be proved bja multitoJe ofwitnenes,andall diiputt 
and litigation thus obviated. 

IVith regard to the Detatatio Sacrorum it is impossible to speak with confix 
deuce, since the eipressioii ii found nowliere except iii tlie passage quoted above. 
It is generally believed to have been a formal decUration npon the part of an 
heir, tliat he renoDnoed certain saored rites which were ocoaaionally attached to 
property, ' such renandation requiring the sanction of tlie Pontifex Haximoa, 
given in presence of the assembled people. 

If the Tiewi expliuned above are correct, it foUows tluit Comitia Calata 
^iproached more n^y in their character to Cnncionea than to Comilia properij 
so called, aince the essence of Comilia was wanting, the people not bong aMked 
to vote upon any proposal, hut summoned merely to seo and to hear ; and this 
is confirmed by the eipresaion of Aulus Gellina— ZVia eni'nt gtnera talamtm- 
lorunt fuiae accepimiu unum quod CatattM Omdtiis nr COXCIONK FOPDU 
^tret, &C. 

CaBsiua BBdcr Ik* EHpirc — This subject may be dismissed in a very fyw 

Comilia Curiata. — The Comitia Curiata continued to meet under the Empin, 
for the purpose of confirming adoptions. Lega Cariatae were passed, ruifying 
the adoption of Tiberiua by Augustus and of Nero by Clandins. The oerenumr 
is alluded tJi as common in the speech of Galba, reported by Tadtns, and altbon(^ 
at a later period the consent of the Senate was held to be sufGdent, the ancient 
practice was not fcsmally abrogated nnUl a law was enacted (J^D. 286) ij 
biocielian declaring— Xn-o^atio ex indutgattia priitdpaU faela, ptriadt vabt 
ttpud Praetorem vttPraesidem intimala,ac riper Popubaaiureajitigw) /acta 

1 Tuts L.L. V. | IS VI. f It. tT. Pral. IHu. i.v. CabfarA, p. 3a. Kunb. ■. L Ifc 
■vT. sd VIrf. 0. 1, ta £ii. VIII. ON. 
SC1e.a«l«a. ILtl. 

ts. 41. HIM. L IS. Dloa Cms. LXIZ. n IXXDL Ifc 



COinrU UKDEB THE EUFIKK. 151 

CtHMtM Centariata and Comilui Tr&uta. — Wa have Been that tbe prero- 
nti'M of the peoide, as exereiMd tmim the repablic, in these Comitla, waa 
ftnifbld— 1. To declare war and to ooDcJude peaoc. 2. To aat as a iDpreme oontt 
of criminal jndicalnre in oil cues afiecting the life and privUegea of a Bonun 
diiaan. 3. To enact laws. 4. To elect magistrates. 

1. With regard to the Erat of theae mattera, the people aeem never to bats 
been consolteu tRer the battle of Fhanalia. > 

2. Their direct inlerference nitb the second had been, in a gteat meamre, 
nndered unneceaiarj', b; the iiutitntion of the Quaetlionei PerpeUiae, irhich we 
shall diacDSS at large hereafter. Tbej atill, however, eren in Uie age cf Cicero, 
acted as jndgea in canaai, such aa that of Rabiiins, for which no separate conrt 
had been established, and their conCn>l over criounal proseco&ins was Miy 
acknowledged in theorf nntil the^ were finalbr deprived of all jarisdietion b]r 
Augiutaa.* 

3. The; retained the power of enacting laws, oetensiblj at least, (or a longer 

Angnftni inbinitted saTeral measnrea to the people in their Comitia aooording 
to aodent forms, and in some instances met with soch strenoons oppontion that 
be was coEDpelled to modify his pioposala. Hii example waa fallowed to a certain 
extent bj Tiberias and Glandins ; and the assemblies appear to hare been 
OQeasionaHy amnmoned for le^ilacive purposee as late as tiie r«gn of Xerva. 
Giadnallr, boiwerer, die epistlea and de<zeee of the Prinoe and the resolations of 
the Senate, passed with his approbation, snpenedrd all other legislatioD ; and we 
have no reason to believe that an7 bill waa ever sabmilled to the Comitia after 
the oloM of the first centnry. ' 

4. The Comitia were stiil sammooed far the election of magistrates in the 
second centniy, bat thej did not posmm even n shadow of power. Jnlina Caur 
and Augustas recojnmeitded, as the {diraae was — Cammendo vobii — the penons 
whom they deairad to ruse to the Conanlship, and also one half of the nnmber of 
cindidateB reqiusite to fill the other ofGces of state, prcfesnng to leave the 
remaioing placea open to fiee competition, and Augnaliis even went through the 
fares of canvasung the electors in person on behalf of those whom he had 
named. * But under Tiheritu, the little which had been left bf his predeceesar 
was taken away ; and while the Emperor still continued to nominate the Consuls 
and a oertun number of the magistrates of inferior grade, the rest were selected 
by tix Senate. However, when Tacitos says (Ann. I. 16)— 3\im primum t 
Campo Comitia ad Patra translala smtt — he does not mean to assert that 
ptqxilar assemblies for the election of magistrates were no kinger held, bat mei«ly 
that they thenceforward ceased to ei^ise aay real bfluence. ' The Comitia 
Centoiiata were regularly summoned, and met, as in the otdea time, in the 
Campos Martius ; and down to the period indicated above, the proceedings seem 
to have been conducted with doe regard to all andent forms and ceremonies. A 
Consnl prewded, anspioes were observeil, prayers and saorifioea were offered up, 
•nd enn the red Sag was h(nsled on the Janiculom ;' bat the people, instead ot 



Sn IMpn Cut. XLIL ML 

Sm«d*b(Dtf. VLK Oiln) 



f It IIL >. It. I. TInvordiiifUHlDMlMItoHLll 

<8iwtCui.4l. Oetar M 9«. Vinir ■" ■ 

XUII. U. ST. SL LUL 11. LV. H. A] 



nrL VarlM. ThU. T. 



162 ODMBU UKDBK TBI ZUPIKB. 

bobiff ealM np«a to «)mom fredj from a numerow bodj of aqniwiu, wen 
nqdnd DMcdf to gtn thairMuotioatoslitt, prerlDotlf dnwD up by tliePrinca 
ttM dM Smt*, witfltniTig thg exact number of indiTidQali nqoititc to HI tht 
Mont oIBbm, and iw toon. Ad RtUmpt iru made by CcHgnla to make orer 
«noe mon the eteetkuu to the people, bat the amngementi of Itberiiu woe mm» 
nMcnd. ' Altttoagti the vn^ were tbna altt^eUNT ewhided, the powv at 
Mleothm intnated to the Senate wm, trader iome emperore at leaet, euniwd 



ocBidtaenciei had been Ea fenwr d^ ; oftheTioleatpartf ipiritexhIUted, ud 
of the fooMi of tonndt and eooiiinon which mae, via iriiidi rendmd the 
introdiMitua of Ihq ballot aqte^ent, fordblj conmetiiig tbeee diaorden with the 
nave and digidfled conqwanre which had charaolerizad the prooeedii^ nnder 
uie flnt Emperon*' 

It woaU appear Ihtt at the beginning of the fbtnth eentmr the people had 
eeaaed to be called together even as a matter of form, and by writa* who 
flotmihed at the oloee <^ that aeotiny tbe Comitia aie ipoken of as poUticd 
innitntfaxu midsitood by anliqiiarianB only. ' Hie woide of Srmnuuanii (fl. 
A.D. 380) are rttj duttoct at to the jmuXioe in hii tao»—Inldtigat»iu mutri 
' ' I tmrpit, diribitio cotrupta elimtelarun cttnev, (itella 



1 BaO. Od. II. IHaii Ous. LEX. 9. SO. sonp. Jot. i. X. n. MsdMt. Digtt. XLVIU idr 
, Dl« Cu& LIL N. 
1 niB. Knp. CL Ul tarnr. IT. IS. TL 19: TidL Ado. IT « Xm. tt. Dkn Ouk 

xxvnLM 



by Google 



REFERENCES TO CHAPTER IF. 



OEHEHAL BEFEREHGES :— The Comltia,— MommieD, Bam. Slaatt- 
recht. III. p. 30«, »qq. Lange, BOm. AlterihUmtr, IL p, 44B, sqq. 
WilloinB, Droit pvbUcSomain, p. 149, »qq, M>drig, Dit Ver/asiung mid 
Vtruiallung, I. p. 219, sqq. Uerzog, QeichKhte undSstlem, &c, I, p. 1053, 



Comltia Curlata.— MommuD, Mm. Staalarteht, III. p. 318, . 

langB, J((«i, .dfcertAflmn-, L p. 398, »qq. WillamB, Orvil mSdic Somam, 

6154, «qq. Uadvig, Die Ver/auang und VencrUtung, X p. S33, sqq. 
erzog, Qetchichle und Syitem, Ac., L p. 10S9, •qq. 

Momnuen, ROm. FortcAungeji, I. p. 134, sqq. CLuoa, Krit. Erertenmgat, 
RoBtock, ISTl, p. 1, iqq. ObredziDaki, Die Surial-findCentiiriatkiitililitn 
dtr Sltmer, BrauDtberc;, 1874. Gen^ Da* patrixiaeht Som, Berlin, 187S, 
p. S4, >qq. Soltan, Ueber £n/(teA«)i0 unif Ziuamtttenttaimg, &□., p. 07, 
■qq. 

Comltia Centuriata.— Momnuen, SOm. Staaitrteltt, III. p. 240, Bqq. 
LuiKe, SOm. AlUrthflmrr, H. p. 494, sqq. WUlemi, Drtni puWic Rovum, 
■p. 16S, sqq. Madvig, Die Verfaaang und Verwaltnng, L p. 109, sqq. 
Heraog, Qachickle vnd Sytiem, I. u 1066, sqq. 

Ullnch, Z)(e CnUuriodwrnitien, LAndshat, 1873. Soltan, U^>er AiMe- 
Auni; tmd Ziaananentetxang, &c., p. 229, sqq. Kappeyne tmi de Coppello, 
Abhaitdlungtn am riMn. flooJa- tind /VitutrfcU, L Htattgart, 1885. 

S;iqq. 
Incorporation of the Centuries with the Tribes.— Pluu, Dit 

ShUwiclcaung der Cfnlurienver/ai»\mg, &a., Ijeipziff, 1870. ClasoD, Zttr 
Frage Hbtr die, Ttform. Centurienvtr/atmng (Heiddb. Jabrbiicber, 1672, 
■p. 221, s(iq,) Pren in Bliittor fur die bayer. Oymn., 1877, II. fasc. I^nge, 
Dt magittratuum Rom. renunftofion, kc., Lipaiae, 1879. Guirand, De Uk 
Ti/onne de» eotaiee» etnluriala (Bevne luitor. IS, p. I, aqq-) Oena, Die 
CenturiatcomUien naek der Sefona, Fraienwalde, 1882. Kleba, in Zeit- 
achrift dar SaTigny-Stiftnng, Jec., XII., p. IBl, iqq. 

Business transacted in the Comitia Centuriata.— Gentila, Lt. 
ddioni e it irroglio, Aa., Uilano, 1878. Morlot, Let eomica (leetoraaa toiu 
lar^nibliqiurom., Pan*, 1884 

Comltia Tributa,— L(UIE«, Ram. AUerthUmtr, 3, p. 4S9, «qq.; fi33, 
"'1, sqq. Willema, Droit ptAlie Romaia, p. 164, aqq. 
' " '' ' ' Haraog, Oaehi^ite 



. ,i,z<,i:,., Google 



Momnuen, SSm, Fortdiimgen, I. p. ]SI, "QQ'! 177, Bqq. Cluon. Krit, 
ErOrltnmgen, R4Mtoek, 1871, p. 71, sqq. Xbne, Dit EtUicidcdimg der 
Tributiomitien (Bhein. MuTCnm, 1S73, p. 3^, >qq.) Benia, De eotnitiorum 
(ributortun rt conciViorum pitbU ditcrxmine, Wetilar, 1875. Genx, Die 
TribaltoniititH (FhUologui, 1876, p. S3, iqq.) Bluel, Die allmOhliehe 
ataattr. KomjxttnierweiUrvng, &c., Bonn, 187U. Soltau, Ueber Entitehang 
\md Ztaammenietztmg, ka., p. 473. aqq. Ruppel, Dt comitiorum Iribu- 
tcTvm It eoneiliontm pltbu diterimine, Widbaden, 1884. 

Lavs.— Momnuen, JlCm, SlaaUrtcXt, ITL p. 150, 155, sqq. ; 1010, 
1039, 104S, II. p. 312. Henscbel, De iure eomiliorum tributorum, kc, 
Hildesheim, I87l. Sollau, I>ie QiltiglxU der PUiriicile, Berliii, 1S84. 



(Bheii 

Comltla Calata.— Momnuen, S6m. StaaUrecht, II. pp. 34, 37, eqq.; 
III. pp. 39, 31S, aqq. Luige, ROm. AlUrlhiimer, 1. p. 399, sqq. Diintzar, 
Der Avtruf an den Kaienden ( Philologns, ISIil, p. 361, iqq.) Herzog, 
Qeichidttt tind Syeiem, L p. 1062, -aqq. Gmbor, Utber die wmitia caiata 
(ZaitKhr. f. Alt., 1837, n. 2U). 

Comltla under the Empire. — Mommsen, Sdm. Slaalireehl, IL p. SSI, 
aqq. ; P- 913, sqq^; III. p. 122iB, aqq. Laiige, R6m. AUerlMlnur, II.ji.723, 
sqq. Willenis, Droit pvbik Romain, p. MT, aqq. Madvig, Die Vencaf- 
ttxng und Ver/aMwxg, I. p. 376, eqq. Herzog, OaehUhte und Syitem, II. 
p. 90fi, «qq. 

Sohraidt, Ueber den Ver/aU der Volbrrechle in Sum (Zeitschr. tUr A. 
GeicliiclitBwiu., 1S44, p. 37, aqq.; 1S7S, p. 326, sqq.) GoU, Uebrr die 
Wahliomilien in der Kaiterzeil (Zeitachr. f. d. Alterth., 1856, p. 609, aqq.) 
Stobbe, Ueber die Komilien tmter den Kai$era [Philologni, 31, p. 288, aqq.) 



^oiizodbyGoogle 



HAGISTUTES OF THE KEGAL AND BEFUBUOAN PESIODS AND 
UNDER THE EA£LT EHFEROBS. 



For two hnndred and fortj'-four jeui after the fbundUion of the dty, Iha 
adminutrttion of pnblia afkin itu in the hands of one mpreme mBgistrate, who 
bdd lu* ofSce for liTe, with the title of Rex. 

VkMm dlKhariad by tb« KlKg. — The fnndiont of the Sine n^re thrw- 
fcld— ■ 

1. He wai the inpreme civil magutnte, the upholder of order and the Uwi ; 
he alone hud the right to sammon meetings of the Senate and of the Cwnitia 
■nd to guide their deliberatioiu, and he presided m all conrta of jottice. 

3. Re was commander-in-chief of the anniea of the state. 

3. Be ITU chief priest, and us bucIi, exercised a guiding infiuence ovn aU 
matter! connected ^ih public religion. 

nadc af BlaeilsB.— -Although the office of Eioe wa« held for life, it was not 
a hereditaij but an elecrive monarchf . When a King died, the aupreoie power 
(ruaona potetttu) having proceeded from the Patricians, who conslitatod the 
pDpuItu, was nipposed to return to them (ru ad patra redUL) They were 
forthwith summoned (convocabanlur) b/ the Senate; tbey aaaombled in the 
Comitia Cnriota, and proceeded at once to choose, out of Ihwr own body, a 
temporary King (prodere iaterregem) to diaoliarge the dutiea of the legal office 
nntil matters were ripe for a new election. This Interrex remained in office for 
five days, and then himself nominated (ptWu/i'f) his sncoessor, who continued 
in office for a like period. It was understood that the Comitia for the choice of 
a new King was not to be held by the first Interrex, but the second might 
proceed to the election ; if a longer period was required for deliberation, a number 
of Interregcs mig)it follow in succession. At length the Interrex and the Senate 
Daring, in oil probability, made airaogementa as to the person to be proposed, 
and the Comitia Curiata, conusting entirely of Patricians, having been rcgulariy 
nunmoned by the Inlerros, the individual nominated by a majoHtr of the 
Cnriae waa chosen {crealus at) King ; but the Curiae were restricted to those 
candidates who had received the sanction of the Senate, and were proposed br 
the Interrex — TiiUian Hostilium popalju Regan., inUrrege rogante, Comitia 
QtriatU creavU. When the result liad been announced by the Interrex who 
jneaided, the mooaroh elect was condactcd by an Augur to the Arx, and there 
•Bated on a atone called the Aagniaculom, with his face to the south. Tbeontmi 



166 UEOSS— oviBUSus CELXRUv— FRAEFZCTns dsbi — quaebtobxs. 



were thai obserred, ind if r&Tonrable, the &ct wu innannoed bj the aagnr la 
ths multitude auembled in tbe Fomm beloir ; and the choice of the Canae, in 
K) &r as the priestly character of the moDarch was conoemed, was declared to 
be talifled by the approval of the gods. ' Finallv, the new King rommoned the 
Cocnitia Cuiiata, and submitted to tbem a law conAmng ImpeHum npon 
himseir, ' acd this having been passed, ' the ceremoDieii were held to be complete. 

Such, as far M we CSD gather, Erom the iodistinct and iocoaeiglent etaiemenls 
of thoge writen who have touched npon thii obscure period, were the fonns 
anoieatl/ observed. The aocounta with regard to the Interrex are eepedallj 
oontradictory, and the aathors who ipcalc with the greatest precision, evidently 
took it for granted that all the rules and usages connected with the Interrex of 
the repubUcan dmee were ideatical with those in force in regud to the Inncdonary 
who bore the same qipellation in the dajs of the Sings. * 

Servitu Tullius was, we are told, the flnt King wbo seated himaelf upon the 
Ihioue without having been duly elected by the Comitia Cnriata, (iniuutt 

ritUi,) but be obbu^ their sanction to a Lex Curiata dt imperio (Cio. de 
21.) 
IwigBiB vf ihc KiMgib ' — Theee were — 

1. Twelve altaidants, oalled Licfores, each bearing a bundle of rods, with an 
axs in the midst, (Jiucea aim atcuribaa,) emblematic of the power of se ' ~ 
and of life and death. 

2. Sella Carulii, a chair of state OTOamented with ivoi;. 

3. Toga PratUxta, a white cloak or mantle with a scarlet border, c 
tfanea a Toga Picta, a cloak embroidered with figures. 

4. T^abea, a tunic striped with scarlet or purple. 



The TVi&uniu Celtrum or commander of the cavalry, oeci^ed the seeond 
plaoe in the state, being a sort of aid-de-camp to the Sing, and bit itpresentativo 
in militaiy a&ira;* oa the other hand, the 



quA&sToxKs; 
but we shall reserve our remat^ npon theee imUl we discnas the Quaestors of 
the commonwealth. 

We now proceed to tt«al of the magistiates tmdei the republic. 



COHSULBB. 167 

Barrhw TbIMm, who, it wm beliared, eoDtampl«ted the wtiMiihirWPt of » wpab- 
Ikanconstitntion, toplace theexrandTeiii thehudiof tiro tapntiMmi|^iti«tet, 
who might act u pnaidenti of the infiuit eommoaweaUh. > 

Tbew two magistmiea were original!; de«igoMed FxiKCOKEs, * that is, leaden, 
(good populopraeirait,) and BoaetiateaMiea;' bnt both of these appelluitnu 
wen BDperaeded at an earl; period* bj the title of Comn^S, be^wed, it 
would seem, becaoee it wai their dot; to deliberate fbr the wdfaie of the Btue, 
(cotuulere rapvhlicae,') while the namea of Praetor and htdtx were erentnllf 
traiufeiTed to other (hoctionaries. 

OrislHal jBriadieUsB or the CbbhIb. — The Consiili St fint aieniiBed pn- 
^eel/ the ume powen, both civil md military, aa the Kingi — (7ft eonmUt 
polalalem hab^vnl tempore dvmtaxat onntutni, genera ipto et iure regiam — 
Begio imperia dvo fltnto;' bnt from the immutabili^ believed to attach to 
things saved, it was held that certain holj rites, which in times past bad been 
pecfbrmed b/ the Eines, could not be dnl/ solemniied bj petsoot hearing a 
different title and holdmg office aocording to a different teniiM. AacoTdinBly, a 
priest was ohoeen fbr tlw apedal purpose of diacluu^ing ^lese datiea, and nt 
deugnaled Rex Sacrorwtt or Sex Sacrijkaha. 

But althoogh the aivil and mihUij Janctioos of the Kings were tnnafciTod to 
theCoonils, tbe power wielded by the latter was veiy diflmot incmaeqaeooerf 
namerDna imporUnt limitatioD* and rettrictioos — 

I. The Coiunia were alwajs two in nnmber (finperiinn di^tUx.) When both 
were in the dtf or in tbe camp togetfae* their power was eqnal, and ndlher 
eonld take anj step withont the oonsent of the oUier. HoieoTGr, an ^peal 1» 
ftiMO the Jndiual sentence pronoonoed by tlie one to the other (appeSatio colUgaei 
who had the right of cancelling the dedaion (intereeMo caOej^oe.) ' If aCuiaiu 
died or lesigDM wlule in office, the remuning Consnl was obHged to Rmunon 
the Comida fbr the election of a ooDeafrue (lubrogare a. tuffieere eoBegaai) to 
fill the vacant place for the remainder <? the year; and aCcnial sochoun was 
termed Contvt taffecttu. In contradistinetioD to CmmjM onfinarti, elected in 

Then are only Ibnr, cr rather two, fnilMicea upon record ot tUs rale having 
ben vitiated darinir the period of the tepnbllO'-OM In B.C. 601, soon after the 
of the office, when the death baijMDed BO near the olose of tbe offidal 
ecmsidered mmeoe 



year that anew upoinlment was ecmsidered imneoeasarr — the otbar in B.C. 68, 
whsaLCaediinsHelellDs having died, and the CVnuuIfuffectuf ohosen to6Uhii 
place bating also died before entering npon oOee, a secoDd eieotioD was r^aided 
as cmifwna, and Q. Hardiis Kez ren^ned bdIb ConsnL Cn. Papirioi Caibo, afi« 
the death of his cdlaagae Cinna, (B.C. 84,) remahted sole Conml for nearly a 
year; btit this was diuing a period of lavil war, when the forms of tbeoonsti* 
tntion wen altt^etber dive^rded ; and again, in B.C. b2, Cn. Pompeim vna 
ddbentdy dsoted Contul tme eolUga; tmt this was at a Jimotnie when the 
" ' the state called for extnundinaiy i«mediea, aad 




rMniu Z«uu(VILlS.) th< this CmHl *u IMmduidtaB. 
*h->HVHj Df th< DvotTDTln. 
« Cta. d* K. tl It. 4* Inf. ni. S. 
«Dlav(.X.1I. Ut. 11 ie.t7. ltL14M -. , 

L ,l,z<,i:,.,C.-'OOglC 



Pompaiu, *na biMmg oAiM alone for five monlIu^ ununed hU fiUher-iii-Uw, 
Q. CMcilini Hetellns Fiiu Scipio, ai hia colleague. ' 

2. The Kings held office for lire, and were iirapouuble ; Uu Cansuli re 
in offioe for the fixed period of one year oalj, (annuum imperium,} and vi 
ttej laid doirn their magiaCracy, miglit be brought to trial before the people if 
■oonaed of malversation. It very rarely happened that the same individual wu 
Consul for two yean consecutively, and when this did happen, it could only talut 
plaoe alter a fiwh elecdoa, and no one, when presidio^ nt an election for this or 
■nv other office, oould receive votes for himscir. The only exception to the abovo 
rale it to be found in the case of Ciuns and Marius, wiio, iii B.C. 81, coatinoed 
in the Consulship ivithout re-election; but this vas an open and avowed 
Tiolation of the constitution (Liv. Epit, LXXI.) 

3. The Lex Valeria, paucd in the vear of the 6rGt Consulate (B.C. 509,) 
by P. Valerius Poplicola, ordaiu<^ — iVe gaii laagislraCas cicem JiomanKm 
adversui provocationem necaret ttem verberartt (Clc. Ue R. II. 31.) Of this 
and of the other litivs De Proiiocalione, which were the great chiuiers of the 
penanxl fireedoni of Roman dtizcns, we shall speak more fully ivhcn ire treat of 
the adminiilratlon of the lairs. 

4. The control exercised by the Tribunes of the Flebs, (B.C. 494,) of wbicb 
we sball treat in the next sec^n. 

6. In process of time their influence was etill liiither diminiibed by tbe 
insUCation of aereral neir ma^tracies, to the hotden of whicli, the Pnetort, 
Aediles, Censon, &o. were committed many duties otiginally intrutted to the 
Consuls. 

But notnitlistanding these limitations, the power of the Consuk was tl all 
tunes very grrst, and the office was always r^arded as the highest in the State, 
the great cdiject of ambition lo all who aimed at political distinction. 

We must eonsider their power under two heads — 

1. As civil magistfates {polalca.) 

2. As military coaimaoders (impmum.) 

PMcaiB* ar iha Coaanlb— While the Consuls remained in the city the/ 
were at the bead of the government, and all other magistrates, with the excep- 
tion of theTribanes of the Flebs, were subject to their control They alone could 
summon meetings of the Senate and of the Comitia Centurista ; they alone could 
preside at such meetings and "propose sulyecia for deliberadon to the former, and 
laws for the approbation of the latter ; ' and they formed tbe medium of com- 
munication between the Senate and foreign powers. Until the establishment of 
the Praetorship and the Censorship, the/ acted as enpreme judges in the dvil and 
criminal courts, and superintended the enrolment and classi^cation of the citicmi. 
In virtce of their olGec, they possessed the right of summoniug any one to appear 
before them, (votalio,) and if he delayed or refused, tliey could order bim to be 
broaght by force, (^prelieiisio,') whether present or absent. In order to execute 
tlieir oommands, each was ntlendcd by twelve officers, called Lktaru, who 
marched in single file before the Consul, the iudividu^ nearest to the magistrate 
being termed proiimiu Lictor, .and being reganled as occupying a mor« 
honourable post than the rest. When the office of Consol was first instituted, 
each Lictor carried a bundle of rods (Jasccs) with an axe (seciiris) stuck in the 
midst, to indicate thiU the Consul possessed the pwer of scoui^ng and putting 

1 LIT.. XLI. IS. EpIt. LXWIIL CVII. Vcllalui II. M. Dlnnri. V. &T. UIod CM*. ' 
XXXV. *. XL. sa 41. 



coHSULEa. 169 

to dMth thOM who diwriwjed hii iwmmandi. But hj tho Lex FalMto, (tea 
•boTe, p. 166,) it was ordained Uut the axe should bo remored Iroin the Fatctt 
uf the CoBml while in the city, lectira de fiaeQxa* deitti jii**U, (Ci& de R. II. 
SI,) and when the CM»nU appeared in the ComitiA, their Colon were oompdled 
to lower their Faeces (Jiucei tubmitUre) aa on acknuwledgment M the 
lovereigntj of the pci^e. 

■■■rcriHB ■rtbe Caiuala. — Tlie rote of the Comitia Centurtita, b; whieh 
the Cooaul* were elecWd, conferred upon them civil aothorit; onl;, {potatm,) 



but as HMQ u they mt^red opoo office, militaij power also, Umperiam,') and 
'*-- ' 't of tajdog the auspice* (aiupicia) weie bestowed b; the Comiiia 
This, under the republic, was, aa we have seen, s itioe tbrm, but a 



,. d with. (Read what has been said npon tliii subject when' 

treating of the Comitta CurUla, p. 149, see also p. 142.) 

The Consuls were, for several centuries, occupied almost exclusively with 
military cqierations, and in this capacity they had the supreme command of the 
■nniea committed to their charge, and of all matlcn connected n-ith tlic prose- 
cution of war in the Beld ; but tticy could not make peace or conclude a binding 
treaty witbont the oonaenC of the Senate and the Comilia, and by tlie farmer the 
number of troops to be employed, their pay, clothing, and all other necessary 
(opplies were voted (e.g. IJv. XLIV. 16.) lu their capacity of geuerala-in- 
chief, the Consuls were invested with absolute power over their soldieis, and 
oonld inflict, if they saw fit, even the punishment of death, and hence, when in 
the field, their Licton bore aiea in the Fasces. 

RcIaUOK m which Iks CsiimU «»d ■• each Mher.— ^e have already 
remarked that the two Consoli were upon a footing of perfect equality, and that 
one might at any time stop the proceedings of the other, or, when appealed to, 
cancel hie deusions. But when both CodsuLs ircre in the city, it was the invati- 
aUe practice, in order to prevent confusion and collision, that each Consul should 
in turn, nsaaHy br the space of a mouth at a time, sssomc tlic principal place 
in the direction of pubLio affain. That Consul wliose torn it was to take tlie 
lead, was attended in public by bis twelve Lictors, who marched before him as 
above described, while his colleague appeared either altogether witliout lictois, 
or ilia Licton walked behind bim, and he was preceded by on ordinary messenger, 
termed Accaaut. Hence, the acting Coosnl is described us the one penet quern 
faica traitt, or cuius ftaees erant. ' The individual who had tho Faxes during 
the first month seems to have been termed Maior Consul, and the precedence 



them, each taking special charge of one half, and they assumed the supreme 
command upon alternate days, unless one voluntarily yielded to tlic other. ' 

When any doubt or competition arose with regard lo tlie performance of 
particular duties, the matter was usually settled by lot. ' ilore will be said upon 
this point in treating of the provincce. 

BI*ds vf KlecitoK. — The Consuls, from the jicrioJ when the offico was 
instituted until the downfall of the repablic, were always ohoain by tlie Comitia 
Centnriata, and the assembly convoked for that purpose could be held by no 
magistrate except one of the Console, or a Dictator, or an Interrei. The electimi, 

IV. l!*!. pIul rifL It. 



170 

towirdi the clon of the republic, if not interrapted 117 <9Til commotion, generallf 
took plwM in Jnlj, some montha berora the C<nmil« entered upon office, in order 
to give full time fur tucectuning that no ooimpt practioei had been rourted to. 
This, however, waa not the case in tlie earlier jigea, and at no period wae a 
■peciBc timefixedfor holding the election, nor wu diere tmy taw requiring that a 
certain space should interrene between the election and the induction into offloe. 
Onlnr ikwa* wfaicli the Cauxl* were chaHH. — The Conanla were origi- 
nall/ cbosem from the Pabiduu ezclmdveij ; but after a fierce and protracted 
tfroegle, otn^ucd tbr aeaify eigbtj jean, (B.C. 44S — 367,) towards ihe cloM 
of wliicb, if we can trust the oarratiTe of lAvj, the republic was left for five jean 
in miccenion (B.C. 375-371 ,) without Consuls or an; other magietratet who might 
■nppl; their [dace, (toUtudo magistratuum, IJr. VI- 35 ;) at length the Ltx Lieima 
was passed, (B.C. S67,) which ordained that in aU time coming one of the Convnli 
■houid b« a Plebeian. This arrangement remained andieturixd fbr eleven yean; 



the addition, tliat it should be lawful for the people, if they thoagbt fit, to chooM 
both Consuls from the Pleb* — UtiUceret Cmwila amhoi Plebaos ereari. From 
this time fbrwaid, after some inefiecCual resistance on the part of the Patridana, 
the principle, that one Conaol most be a Plebeian was fully recognised and acted 
npon. No example, however, occurs of both Consols being Pleboans nntil tht 
jear B.C. 215, when a soccessfiil attempt wae made to eet ande the election 
on religiotu grounds, but the practice after this time soon beoame common. ^ 

i>>r of ludBcUan iBW OSes. — The Consnlt appear to have, originally, 
entered npoo office on the Ides of September, and on this day, in antsent tiniea, 
the Consul drove a nail into the temple of Jnpiter Captolinos, tbue maifcing the 
l^iac of a year — Etim claimTit, qtda rarae per ea tanpora UUenu ermt, 
notam maneri onnorum faisM fenait (Liv. VII. 3. Dionya. V. 1.) Since the 
Consuls, aocording to a fundamental rule of the oousdlntion, hdd offioe for one 
year only, this would have continued to be tbe day of indacticm in all time 
oomiog had matter? proceeded with onvarying regularity. But it occadonaQy 
lu^pened tbat, in consequence of tho resignation of the CoDsnle, or iWm some 
other canae, the office b^ame vacant before tbe year was completed, in whidi 
CMB two new Consols were chosen, who held office hr a year from the period of 
tbdr deetion ; and more frequently, in coneequcnce of d'nl commotions, it came 
to pass that tbe year of office had expired before a new dedion conld take place- 
In the latter case, since the Consuls whose term waa finiriied, could no longer 
(nerdae any of tbdr ffinctiona, tbe Senate nominated ^proihbai') a temporary 
magistrate, who, like bia prototype in tbe legal period, bore the title of Irtter- 
rer. The Inierrex held office for five days only, when a suoccsBar was choeoi ; 
and a eucceaaion of Inteiregee were appointed in thie manner until tranquillity 
was restored, when the Interrez for tbe time being hdd the Comitia for the 
deetion of C<msuls, who immediately entered upon tbeir duties, and remained in 
office for a year. In this way the day was repeatedly changed. At first, aa we 
faaveaeen, itwai tbe Idesof Septembei^in B.C. 498, the Kalends of September 
~~in B.C. 479, the Kalends of August— in B.C. 461, tiie Ides of May— k B.O. 
443, tiie Ides of December— in B.C. 401, tbe Kalends of October— in B.C 991, 






i. XXlll. 31. ZXTIL K XXZIX. M. XXXT. 



171 

tbe Eiletida of July — at the oainmai<nneiit of the Mooud Fimic war, B.C. 218, 
it wai the Idea of March, and thUcontioned to be the dAj until B.C. 154, when 
it wu enacted tint, in all time combg, the wiiole of the ordinal? magiMratea, 
witlt tbe exMption of tike Tribunes of the Pleba, ehould enter upon office npon 
the KaJendi « Jamuuy, and that if an InterreKniun or an? other drmmttanee 
■honld prerent them from entering npon oiEee nntil lata in the year, thej shonld, 
notwithiitilndiny, lay down thcdr office on the hist day of Dmember, and thdr 
mcceMon oomiueiice their datiee dd tbe fint of Jannaij, just as if there bad been 
nointnnption. This ejstem commenced with theconsnlBhip of Q.FnlvinsNobilior 
and T. Annina Lnscos, who entered npon office on tbe first of Jannary, B.C. 16S, 
and beneelbrward the civil and the political year commenced on the same day. * 

CcavHVBlHariadBcUaa.^ — The dayonwbicb the Consnls and other ordioair 
mag^stratea assmned office was matted by pecoliar solemnities. The new Consnu 
nnt^ aroae at day-break, took the ammices, and then arrayed themselTea in 
the Toga Prattezta before tbe domestic altar. A solemn procession (procaiut 
cotUKZaru) was marsballed, headed by the new ma^tiatee in their robes of state, 
attended by the Senate and tbe dignified priests, and aocompanied by a nnmerons 
throne' oornpoeed of all olaeaee of dtizens. The whole assembl^e marched 
in order to the Capitol, where white steers were sacrificed before the great 
national ihfine, andprayera and tows offered up for theprospcrily of the Roman 
people. A meeting of the Senate was then held, and tbe new Consuls proceeded to 
make arrangements in the first place foe the due peribrmanceof public religionarites, 
and then to oonsider the intenud condition of the state and its foretgn [Rations. ' 

tmmigmltk mf iha CvbhiIi, — The twelve Liotors, and the Toga Praelexla, a 
cloak with a leariet border, have already been adverted lo ; and in addition U> 
these outward badges of d^tincCion, the Consuls, npon public occaaon, used a 
teat ornamented with ivorj, termed Selia CuruUs (see above, p. 94). Tliis was 
somewhat in the form of a modem camp itool, and we csn form a correct idea of 
of its ftmn, aa well as of the ^jpearance of the Ftuca, from the nomerous repre- 
is which oconr npmi andeol coine and monuments of every description. 



* TL «. XT. « LIT. nL S. M. IT. W. T. ». It TUl M. IStt L III. ». 
. tMon. Can LTUL 9. Ond. Phi. L 78. Epp. ex. f. IT. tK 



_ at Ike Year Bft«r iha GhhU— In all wuuUi, Mend mil iM, M 
in public and privUe docBmenti of everj descriptioii, tlie datei were usoall; 
OBumuDea bj naming the Coniula for the ;eaj. Thai, anj event beloapn^ to 
A.U..C fl a4.IB.C. 70, wodd be Gied by ujing that it took pUoe Pompeio et 
Vfamo~Goaaul3nu. Hence tUe phrase namerar* jnuUos eonniiei ia equivalrait 
to nti»i«rai*« muUosamioa; and JIartia], (I. it. 3,} when remindtng lui fi^eod 
[hit he n-Hs nearlj uzty yum old, etnplof B the expreMon, 
Bia Um p«ue tibl Conaol trigedmu IndiL ' 

The practice contmned nnder the Empire down to a veiy Ute pttiod. 

HIetoriane occadonall^ defined the period of a remarkable event by calenladng 
the number of jean which bod ekpaed from the foundation of the citj ; bqt in 
all ordinary cases follonred the compatation by CohbuIb. 

The CaBinlahtp under ibe Kapln. ' — A PlebiacUum was passed *S earij 
as KC. 342, prohibiting anj indlTidoal fiom holding the same office twice withb 
ten years — ne qtiia etimdem magalratum intra decern annos capertt (Uv, TIL 
42.) This law was auspended during a period of great alaiin, in fevour of 
Marios, who was Consul six times in the space of eight years, (B.C. 107 — B.C. 
100,) was openly violated by Cinna, Caibo, and Sulla, during the disordera of 
the civil war, and may be regarded as having been finally set aside when Julias 
CfBsar was invested with the Consulship ud (be Diotatorship in perpetuity 
(contiauum Conaulatam, perpeluam Dtctaturam,')* After the death of Ctesar 
and Che battle of Pbilippi, the Trinntyira arrogated to tbemselvea tlie right of 
disposing of the CoosuLehip ; and from thr ^me when Augustus sacceeded in 
establishing an undivided sway, the office was entirely in the hands of the 
Emperors, who conferred it upon whom they pleased, and assumed it m person as 
ofl^ as they thought St, bebg guided in this matter by no fixed rule, but solely , 
by their oim discretion. Augustus was Consul in all thirteen times, somedmea (or 
several years in succession, (B.C. 31 — B.C. 23 ;) but during the last tliirty-sii 
years of his life (B.C. 22— A.D. 14) twice only ; (B.C. 5 and B.C. 2 ;) TItelliiu 

Sroclaimcd himself perpetual Consul;' Vespasian was Consul eight times during 
is reign of ten years ; DomiCian seventeen times, for the first time A.D. 71, ten 
S>ars befote his accession, for the last time A.D. 95, the year bcforn his death ; 
adrian, on the other hand, assumed the Consulship daring the fiist tbree yean 
of his sway, (A.D, 117—119,) but never afWrwaids (A.D. 120—138.) 

Coiunila Ordinarii. Coimila Sagecti. — Under the republic two individuals, 
and no more, held the Consulship in the course of one year, except when a 
vacancy occurred from death or any other i:neipccted circumstance, in winch 
case a sacccesor was substituted (mffecius esl.) Julius Ciesar, however, in 
A.D. 45, having entered upon the omce along with H. Aemilios Lepidus, tbej both 
resigned before iho end of the year, in order lo make room for Q. Fabina 
Maximns and C. Trebonios, and the former having died on the last day of his 
office, C. Caninius Rebilus was elected for the few remaining boors, an appomt- 
mcnt which afforded Cicero a tlieme for many a bitter jest. The example thna 
set was caught up and adopted by the aaccessors of Cssar, and it soon became 
the established practice to have ler^ pairs of Consols during one year, the 

1 An Fic«11iint ftCCOant of the Conmllhlp dTiHtlK the Tmperlil pBrlod vlll b« fODDd In tba 
DDCEriluFfniaomm Velernm of EciHJIL. Tarn VllLp.313 Bpqq. wha ll elovtj fnllovBd br 

iSuatOM»,7a. DIooCmi. XLlLM:XLia«. 

I ,i,z<,i:,., Google 



Bvnber vaiTiiig ftoounliuK to the nambv of paioiH whom the En]pen)r fdl 
denroM of pt tif p a g. Under or^naij cutnrnKtancei, two month* ma tha 
pariod of oAme, m ■■ U allow of twdve Connili in eich Tear; in B.C. G9 (hera 
wen fifteen, wd imdci tba eomtpt adnuniatntiott of Cleander, the dumberivn 
of CouBkodna, then woe no ha thm twenty-five nmninated for A-D. 189. ' 

ThoM Conmla who ealci*d npoo offiw on the first of Jwinsi7, were lenned 
Cotuvltt Ordaarii, gxre thor name to the year, and were bdd in higher 
bmoar tluM Ibaae who feDowed, and wbo weit termed Coiuala Suffeeli or 

Coiutlkl Maom (rftixftrifnx tfie rrmrmit It»bX«w.) 

It ia tma that after thii lytfon wu iaHj reoogniied, we find examples of 
pcnoni retaining; the eoosnlahip for a whole year, aa in the case of Germanicni 
A.D. 13, and Cn. Domitjni A.D. 32 ; but these were rare exoeptioiu, since even 
Ibt Emperon, wbo, when tbe^ awuned the Consolahip, generallj took office aa 
OmtNlet OnJiBarn, anwarto have been in the habit of rengning within a ^ort 
period, m order to make wa^ for others (Tadt. H. I. 77. Dion Can. Lni 32.) 

Under the later empire the Coniulet Sufftcti dietppear almoat enUrei; ; * bnt 
we find mention made of Comtda Honorarii, * as dulinguished &om Coiuuiei 
OnSmmi. Tlieae boDMsij Consnla had probably no dntiee imposed apon them, 
and enJDjed little more tbnn the Omamtnta CoTuuIarta, to be described below. 

ContaU$ Daiffnati. — Under the republic a Coosnl was never electa except 
fbr the jeir imtnediatel; following the election, and during the moaths or dajs 
whieh dapaed between his election and hie induction, was staled Conaal Desig- 
*Mu. But in B.C. 39, Consols were nominated bj the Triumvin for eig^t jeut 
fnfpeedydj.* Ofthew, the rear B.C. 34, together with B.C. 31, were assigned 
to Antonina. Bence, from tlie year B.C. 44, in which he was far the flitt time 
Connil, nntO B.C. 39, he ia styled on medals simply Cos., &om B.C. 39 to 
B.a 34, Cos Desio. Iteb. et Tert., fiwn B.C. 84, Cos. II. Dee. in. until 
B.C. 31, when he appears as Cos. III. OcliTianDs, who, m B.C. 39, wa^ in 
Hke manner nommated Conml for B C 33 and B.C. 31, passed through tha 
same vaiie^ of titles. 

Aiwastaa, in B.C. 6, named hii grandaoc, Cains, at tnat time fourteen years 
old, ConstU Deiignalta ; ihai with the proviso, that he was not to e 
" " * had elapeed, and accordingly, he actually held th 

brother Lndos was, in B.C. 2, named Consul B _ 
; bnt he died before the five yean were completed. In Uke 
maaDO', Nero, wb«n foorteen years old, became CotuvI Designate, although it 
waa RirsQged that he was not to enter upon ofBoe nntil he had attained the a^ 
of twenty ; and Tilelllaa, when ho assomed tfae Imperial dignity — Comitia in 
dteem anno* ordimivil, leque perpetuutn Coimilem (Suet. YitelL 11.) 

OnianoUa CoHtuiana.—'Wb are told by Snelomos (Caea. 76) that Julius 



, . d badges of the Consulship 

•ptm tn poiona wbo did not hdd, and who never had held, the office of ConsuL 
This atatement b MTOonoboTated by Dion Casains, (XLIII. 47,) who mendona 
in another place (XLVl. 41) that Um Senate, at the death of Hirtina and Fansa, 
being imw ilHti g to elevate Octavina to the CoDsnlship, in coosequenco of hia 
extrame youth, endeavonred to get rid of his olainu by bestowing upon lum 

M. aiui»b.&ILS. UlanOu.XLUL4a.XLVIII. U LXZU. U. 
rmr, [ft. .a.I>, aTa,;n*H(af ■ Cnn/ii(4Mi>(.Epp. VI. 10. 

[. xut. ee. KoT. Lxxsi. I. 

- -nfimr juut. mon Caulat, (XLVUI. IM wk« toberMM* 



174 

Caiuttlar Honourt (r»ff iJ 1« Tlf^Alf tAi( irMxiitAic iiiirftJiiM>.) ' fVgn 
thii tima bnrard muncnHU ttuunples oooir of penons btiug inveated irith wbat 
may bt tenned a Tllalar CMnMij|>, ibe eipraaiiMi nsnill; emplored to dang- 
lUte this mariiof dronr being Ontamenla Contalaria s. Ituxgnia Coruuiaria. * 
Hie pnotice vm esla>d«d to other office* of etate, unce we read, not only of 
Onutntatta Qmaalaria, bat alio <tf Omam«n(a iVottorto, of Ontammla 
Atdilitia, and <^ OmomAt^ Qaatxtoria. The phrase OrTuimciila 2VtAunitKi 
does DOt oeour, perhaps beoause the Tiibnnea of the Plebs had no external symbola 
of rank; bol we find the emperon b«aCowin|; Digaiiattt TribwMat, whitlt 
cornea to the same thing (CapitoUn. H. Aor. 10.) 

Power and Dignity of Ihe CoasuU toidtr the Empire. — The Comnls, eioqC 
in so far aa thej were the organs of the Imperial will, were mere c^pheia in tM 
state; and, in (act, the short period during which they held office mnit in itaelf have 
prevented them from possessing any weiriit^ They were, however, allowed to 
preuda in the Cocoida and at meetinn of the Seaiate, retaininff all the aooivt 
Gums ; they ocoasionallj adminieuirea jnatice in dvil mits, and from the reign 
of Claudius to that of H. Aurelins, they exercised special jurisdiction in case* 
rdating to minora. * Bat allhoogb shorn of all real power, the Consulship dowi 
to the very extincdon of tha western en^iie, was nominally the n ' '' ' 



and most honourable of alt dignitie^Con 
fattigiis digmlatum — Dimaam praeJftam « 



espectally during the period just msntioned, with a grMter amonnt of extemal 
pomp Had splendooi than in the days of freedom, ^e Consuls, when indnotad 
into office, (salenniiat eomuiariM — processai conmlaru,) appeared in a dreM, 
which was a gorgeous imitation of that worn by generals of old when oelebrating 
a triumph. Th<7 were amyed in tha ample folds of a richly embroidered doak, 
(Toga picla,) beneath which was a tuiia striped with purple (Trabea) or 
ngored with palm leaves (Tumca pabnaUi.') On their fast wore (hoe* of akA 
of gold (Co^csi ounUi:) In thnr band they bore a aoeptre (Snjno) suimomited 
by an aa^e. Before tbein marahed their Lidon with Faaoea and Seoon* 
wreatbod m laoral (Foacei laureoftM.) Their SeUa CvntHi wa* placed in a 
lofty ohaiiot, and from thia atat they scattered bandfiU* irf money iqMm the 
crowd beknr, while th«y neseoled their fiienda wi^ ivory diptydu, (PugUlaria 
dniTMo,) ailTcr boxes, (CaaitUlU argenlei,) and ctbei trinkets, bearing insor^ 
tious eommemorative of the ansfucioiia day, whiiA was doiad bj the exulndon itf 
anmptooas games. If we can bdieve Frooofuna, an indiridnal oalled nptm to fill 
tbo offioa of Consul, at the time when he wrote, (AJ>. &60,) w " ' ' 




or Hirod tht aimt. 



*r|» 



^namnUa from CmLlnla. 

T> TKdt iQn IV. IS. nio. Bnp IX. IS. Bust. CInd. U. CmvUaOa. K. AmtL W. eaof. 

TMat Ann. XIILt. AnL 0(1^ XIIL IL DIqd Cw LXIZ. tT^ 

^* C«l»*i>r. T»r. TL I. LjlitaMna, ILa Cod. Tbwd. VL rt. 1. IX. «1 IJ. lonudM 

^f y^ ^'^*"- ''^ Curioter. Tir. IL a TL I. Cim £■■»». IL snL 7. Pnk M 
^*":S'^: B/nmuli. Bpp L 1. II Bl. VI. 4« Pnoop. HM. an. M. Camp. iHtUtan. 

C.ooxlc 



Oris)* af iha OMcoi — W« luivs ilmdj had oooirian to pcnnt ont tbtt tin 
eoortitiiticai of Serrim ^illiiu beabiwed political existence upon tbe Fleba, uid 
tiie otjjeet of that great legislator waa, we can tcarcel; doubt, to abolish nlti- 
matelr all nolmiTe privUi^ei. Hii imtimelj death, however, prevented him &om 
dairniig out bia deaign ; and under the cniel »wt,j of hii mooeaiar, all ordett in 
the Mate were alike oppnned. After the erpnlsion of the wcood Taiquin, the 
Patrkuna itrained everf nerve, and fbr a time mth mocMs, to regain tbe 
po^on whklt tbaj had oocnpied nnder the eariier kings, anogating to them- 
■dvea the eoDttol of poblio aflkin and the poBsessioDofall the great officeeoftba 
state, vbich, at thir lime, although nominalif a repablio, wiu in reality in 
digan^j in its wont fbrm. At loigth, howerer, the tjrannj, insolence, and 
onie)^ of the dominant olasa became so intolerable, that the Pletn were rooaed to 
vigorous reustaace, and in B.C. 494, siiteen yeaia aJier the expnUion of the 
Tarquiju, they quitted the dtj in a bodj and retired (seeestit) to u eminenoe 
beyond the Anio, which from that time fiirward bore the name of HONS Sackb. 
The Fatridana, now thoronghly alarmed, immediately opened nwotiationi with 
the leadera of the movement, concord was REtored, and the neba agreed to 
retmn npon the Mowing conditions : — 

1, That magistntes should be elected annually, under the name of TVittmi 
Plebu, wbooe sole da^ shotdd be to watch over and protect the interests of the 
Hebeian order and th« persons of its members, and that thej ahould he armed 
with powtrs snffieient to seoore these otyects. 

2. That thoN magistrates should be chosen cicJniively from the Fleba. 

8. That the persons of Ibeae magistrates shonid be hallowed, (soi^nMonctt,) so 
that if any me offered peiaonal violeoce to a Tribune, or impeded him m the 
parfimnanoe of his iaVf, he should, ipso &cto, become sacer, Le. devoted to the 
mfemal gods, and tiuU, as loch, be might be pnt to death with impnnitj and bis 
m opeit j oonflseated to Ceres. Bence, tbe magistracy was termed Sacrosancia 
AmuCos, (Ufi KsJ JUuMe lipxi,) and the lawswbidi conferred these privileges 
Lega Sacratae.^ 

4. That tbe Tribuni Flehia should have tbe right to interfov, (intercedere,) 
10 as to stop any prooedurewhidi nugbt appear to be detrimental to tbe Fleba aa 
a body, or to any member of ttie order. 

NBBbcr •r TrikwBH. — EveiT thing connected with tbe history of the early 
vMis a! the Tribunate ii involved in deep obscurity, and the statements of tbe 
yrtoriaus present irreeondlable discrepancies. It would appear that at first two 
oaiW were chosen, then five, and finally, in theyearB.C. 457, ten, which oontinued 
to be the Dumber ever afterwards.' The tea Tribunes were regarded as fonning 
a coiponUion, and as such, were staled oollcotively CoUegtam ZVibimonim 
PZefrii. 

M»Ae •rxleeHsB.. — We are told expreealj by Cicero and Dlonydns that the 
Tribunes were origmally choeen by tbe Comitia Curiata ; bat that in B.C. 473, 
FnWlins Tolero, me of the Tribunes, proposed a law — Ul PUbtH magitlraliu 
TrBnOit ComUUt JUrent — which, altboagh violently restated, was carried in the 
following year, (B.C. 472,) and that, from that time (brward, tbe Tribunes wen 
.1 — _ -• - -g i,jtheComitiaTributa,ODeof tbe Tribnnes alreadyin affioebting 



■dwwd b/ lot to preside. ' During' the btthj of the DeoemTin, the fonotiooi of 
all the ordmv}' mcgiatrsta nera Buspended ; bat on the downfal of Apinm 
with his coUeagaei, the Fontifes Huiiniu preud«d at the election of new 



In tbe eaiikr jtait of the Tribniuite it was oooridered Inrfnl for the presidii^ 
magtetrate to call npon the eUcton to diooM s certtun nnmber of Tribnnea lea* 
than tbe full compleiDeDt, at hie own discretion, and then to permit those who 
were thna chosen to select liuai own colleagues, mitil the entire nomber waa 
made up. When vaeaot places in anj ootpoiation were snppiied b this nuumer, 
tnr the TOtes of the memben of the ooiporation, the proceu wit called CooptaHo. 
"Dm practi<:e of CooptaHo, in so br as the Collegium of the Tribune* waa 
ooncened, was forbidden b; the Lex TYtbonia, psmed ia B.C. 448.' 

QHKluicailaBa. — Tbe ofBce was open to all Roman citizens, under the 
fbllowiDg reatricCiona : — 

1. No one could be elected who was not himself Ingtnaus and the son of an 
Ingeauut. We find no violation of this rule until the time of Augustus. * 

2. No oiiD coutd be elected except he belonged to the Plebs. We find ona 
exoeption to this rale in the eailier ages, but the procednro was unqnestionaUj 
UlegaL' It was not necessarj for a candidate to be bj birth a member of 
a Plebeian family ; it was held sufficient if he liad been adopted into a Plebeiail 
fkmilj. Be in the case of Cicero's enemj, Clodins Fulcber, who was bj tnrth a 
Fatridan. 

3. In Iha earlier ages the same indiridnal was (reqneatlj elected Tribune for . 
two or more Tears in sucoession. ' Bat this practioe was stopped b; the PUbti- 
cibtm of B.C. 343, which enacted — Ne <pa3 aimdan magisiratum intra 
deeem anno* caprrtl — and henoe the attempt of Tiberius Gracchns to procore 
bis own re-electiOD was oncons^tutionaL 

Dbt 'f I>'«cilaii. — The Gi«t Tribunes entered npon ofEce on the IQth of 
Stcember, (IV. Id. Dec) and the dsf remained nnchanged daring the whole of 
the repnblic and undei the carUei emperom. ' Th«re is no instanoe of die ofioe 
faaviog beoi suspended or interrupted, (except Duder the DeeemTira,) and 
although the Tribones in oEBce ooold, under no pretext, lengtben oat thdr period, 
tbe; were forbidden, tmder pain of death, to leave Uie Bebs withoat its Iq^al 
protectors. ' Towards the cloae of the republio, the election of new Tribunes 
always took place a considerable time before tbej entered opon their dudes. 

Pawn- »f Iha VribBiiei. — The powen of the Itibnnes, acoording to the 
viewB of those by whom the office was first established, were very moderate and 
(utirelj of a defeosive charactet. Tbej were reqoired to aflbrd aedstanoa 
(ouxiZfiint) to a member of the Flebs, when oppressed by a Patrician ; the peaon 
. feeling himself aggrieved was endtled to «aU upon the Tribunes fbr aid, (appd' 
lare tribtuuu,) tmd when thej granted the aid sought they were aaid tut 
mixiUo. In order to render tbb ud effectual, they possessed the /hs Inter' 
mtnonti, that js, the right of interfering, and at once puttmg a stop to anj 
neasnre which they deemed injuiioos to their order ; in exerting this tight tb^ 
were MoA iutercedere, and the mode of exerting it was by p 
CI&OToConicl.ualmT*. Dlonji. II, o. Ui. IH. H 



Lit. IIL ti. oBrnp. V. 10. Butt, ( 
Ut. IL M. IIL 14. tl. M. SB, VI, ». 
Ut.XXXULU. DbiiiTt.VLS9 
Uv. IIL H, Os. dt Inf- lU *. 



_ ,i,z<,i:,., Google 



niBinn PLEKn, 177 

floknui word Veto. ' . In ordo' that they migbt alwajg be kt Iiuid in due of 
need, a I^buae naa, under no pretext, aUoned to be abaent from the dly dit 
twentj-fimr honn, except during the cetebntioii of the Feriae Latinae, and he 
wu bound to slloiT the doon of his bocue to icmaiu open dsj and night, that 
he might be at all times accessible. Unallj, in order to protect their personi 
from violence, thej were declared Sacrotancti {lee above, p. 175.) 

Within a very brief period it was discovered that these protective powers might 
be made efficient as iveapocs of offence in a manner not origiaaUy oontemplated. 
Tbe Tribunes ireie tfaemselres the sole judges of what nas to be reganlod aa 
injnrioos to the Flebi, and oonsequentlj, irhen lltej desired to cany anj measnra 
on behalf of their order, or to extort Kaj extension of power for themselves, in 
oppositfon to the Patricians, they had the means of producing the greatest 
embamusment and danger until their demands were complied with. Tbus, they 
frequently prevented the election of the ordinary magistrates — they refused to 
allow troops to be levied or sapplies voted in pressing emergencii!« — they suspended 
all buaineas in the Senate, and, in fact, brought the whole machine of the stats 
to a dead stop. By pursuing these tactics they succeeded, after many haid 
fought battlea, in destroying, one after another, all the bulwariu of Patrician 
' exclnuveness, in procaring (he complete emandpatiou of the Flebs fiom lU 
political disahHitiei, and their foil and free admission to all the hononn of tho 
state. So far their efforts, although not always moderate and jodioions, were, in 
so far ai the end in view was ooncemed, in the highest degree praiseworthy ; and 
aStet complete conoon) was established between £e orders, tbe Tribtmes appear, 
for a serin of years, to have geuenlly exerted thor induence with moat patriotio 
noglaiess of purpose. But tovaids tbe dose of tbe lepablio, they became the 
tools of the violent leaders of conflicting parties \ they fao^ously abused their 
power for the promotion of the most unprindpled and minoos schemes, and were 
the foremost instigators of those scenes of riot and bloodshed which cast such 
« gbwm over tbe last ttruggles of the constitution, and wliich terminated in the 
utter extinction of freedom. Hence, it is not wonderful that those who viewed 
the Tribonidan power under the aspect which it presented in those ents days, 
should have characterised it as-' — Posleitai pestijera, in nditiona, et ad s^- 
tUmem nata. ' 

A l^ibmie had no right to summon a citizen to appear befiire him ; that is, he 
^ not possess the Ita Vocationit: hot he had the /w PrehentUmit ; that is, 
he coold order any one, who, in his pitsenoe, was violating the rights of the 
Hdw, to be taken into onstody, and for this purp(»e each tribune was attended 
I7 an officer, termed Vialor. This Tat Prekenmona was sometimes stretched 
so far that there are examples of a Tribune giving orders for the arrest even <d 
Consuls and Censon, and commanding them to beledoff to prison.* 

BsiBtl*H mf iho TribnHU to (be (tcHie. — The Tribunes ori^ally had no 
right to enter the Senate-hoose ; but they were wont to nt upon benches 
(jntbtdiia) M the doors, in order that they might be ahle to watch the prooeed- 
inn, and, if they tbonghi flt, pot a negative on any^ proposed decree. By the 
Pkbacitma Atinium, however, they became, a officio, membtts of the Soiate. 
Tbe date of this ordinance is unknown ; but as eariy as B.C. 4&6 they ^^«^^Tl^f■^ 



„_ - .... i« Bakn hli bTDtfaer QoLntBf Ui> oifu of Um MBtlmmu 

•Bterubicd Iit Ihota wbo war* hutUs to tiM Tiibnnlsiui powih 
SU*. n.9£lV.g«.Eplt.XLVtll. LV. Cle. tn V.lln. ». sdAtkU. I.daln.an. 1L>T. 



178 jmavKiTuaa. 

1ib» rigiit of mmmoning mwtiiigi of tbe Senate, attd we And one of their bodjf 
' H tbt SffluttB BlBTen yew* liter (B.C. 446.) ' 

« tr tiM Tribnea ■• Fablles SleMlHsa sad CckHIo From the 

It the Tlibnne* had the right of calling public meetjngs (concifna) 
oftltaPleba; and k the ;eir after the iustitotion of the o£c«, (B.C.'493,) the 
Ltx TeiHa wm paued ordaining tJiat no Concio, mmmoned by a Tribune, ooold 
be disturbed or called awaj (anocari) bj any Patrician magiatrate. This law 
remained in force at all periods, for although we ara told bj Mewala, aa qnoted 
by Anlna Gelhni — Qnaul ob omnHms magistratibta et comitiatum el cottdonat 
avoeare potat — it U clear, from Tariotin examples, that thig rule did not ntead 
to meetinga at which Tribnoea of the Plebs presided. ' 

After the Cimitia THbitta wete established, it waa one of the pecnliar dntiet 
of tha Tribnnea to anmmon these asaembUea, to preaide, aod to propoee lawa, 
CSf^ ''''''* popi'l'',') and snch la<cs were hence ftequentlj lenned Legei 
TMbutaciae. During the stmggtea which agitated the state alter the seceuiou 
to tba Hone Sacer, ne find Tribones on several oecaaiona impeaching Patricians 
■od bringing ^em to trial before the Comitia Tribata, even when the charge 
Invdved a Poena Capttatia;* tlie pretext alleged bein^ always, apparently, 
tome yiolatioQ of the Lega Sacralae. But after tbe legUlotlou of the Decem- 
viri, it would appear that all trials nhich involved the life or privil^es of k 
Boman dtiien amid be held before the ComiUa Centoriata only, and the ^bonaa 
oould propose no higher punishment in the Comitia Tribnta than the impoution 
of a fine (irrogalio muUae.) 

UBluUwoa vr (hB TrihanUliaii P«Trar.^I . It was exclusively dviL 
They bad Poiatat, but were never inveated with Imperium. 

3. It wai eenSned to the city and to a circoit of one mile outside the walla. 
Beyond this the Tribunes were subject to the consular power as if PrioatL * II 
woidd seem, from two passagea in Livy, that the Senate could invest them willi 
extntordinary powraa, extending even to foreign countries ; but such cases mnst 
be regarded as ezoeptioas, depending entirely upon a special decree. ' 

S. The moet important limitation to their power residted &om the relation in 
which they stood towards each other. When a Tribune was appealed to and 
requested tointerfereonbehalfof any individual who sought bis aid, hisaim^tum 
tmiA not be granted until the whole coUe^um had been consulted and bad passed 
an nnanimoua resolatdon, (decretuin,') granUng the assistance songht, which 
mdntion was pnblioly announced on the part of the college, (pro coMffio, s. ex 
eoOegU tmientia pronvntiare,) by one of ita members. If the Tribunes wers 
not Bnaiiimaus the appeal was not allowed. On the same principle, ■ gmgle 
nibme might pat hja Veto npon any law proposed in tbs Comitia, or any 
teaolution sobmitted to the Senate, although supported or originated by all his 
oolle^^eB. 

Hence the Patricians were enabled oa many occasions to baffle the eflbrttc^E 
m^ority of the Tribnnea, and alti^ther to nentraliie their inflnence by gaining 
over one or m(n« membm of tbe College and penoading them to pnt a negalin 
■pcm the measures promoted by the rest. 

IZoniT. VIL IS. Dlonri. X »l. Aol. G»1L XJ V, ft^Ui. IV^^^J 

» AsL 0«IL*XI1L i1**'l1* XLllL l™V»L i£z. _ 

!•■. Carioluiua-Apiiint Clnilliu. Ut. II. ei— Khh Qnlnctlui. LIt. IIL It 
«IH«ui. vni. n. Cl>. ULia AppIkh. P.C. ILSJ, DhmCMaLLIS. 

« Ut. IX. X. xxa. N. 

..oogk 



TKiavxI BLSBW. 170 

4. The temporary check placed apon the Tribnna by ths nomination of a 
DioUtOT will Ih explained in the next KCtion. 

5. TIm power of llie Tribuoea was, for a time, greatly rednced by a Lae 
Comtlia of Snlla, which deprived them of aQ that th^ had acquired ca 
unuped daring- four ceotoriei, leaving them nothing bnt the lat iTilerceaaumit, 
with which tbey had been □riginsJly invested. ' Bat thia, likeniMtoftbecbangM 
introduced by Stitla, waa disregarded after his death ; and the Tiibunea wen 
fbnnalty reinstated in ail their former rigbta and privilege* by Cn. Fompctea 
when Consul for the first time, B.C. 70. 

ImiIsbIb •! the TribuHtsa. — Althoagh the Tribnuw wielded ao mndi rad 
power, they had acorcely any external symbols of dignity. They wore no Tlwa 
Praetexta nor other officdal dress, they had not the right of the StUa CunJit, 
bnt eat on benohes or aloola, called Sabseliia, and tli^ had no Lictors ; but, a* 
remarked above, each was attended by a single Viator. 

'rrlbanea of Iks Pleba mndvr Ike Kairlre, — At no period of Roman 
biitoiy were the Tribunes more active or more oompt than daring tbs last 
ttmgffei of the free consUtntion. It wa* an alleged infrinnment of thdr prero- 
gaUve b; the Senate which fiiniiiihed Cmat with a plaosible pretext fbr eroasing' 
the Rabioon and marciuag upon the dty. Bnt from that moment the office 
became little better than an empty name. The nnfettsied eierciae of power such 
as tbey had wielded for four centuries and a-half, was altogether incompatible 
with the dommion held by Julius, by the Triumviis, and eventually by Auguetni 
and hie soccewors. Diiring (he first century, however, they still retained some 
outward show of their aniueaC aathority. They still summoned anil presided at 
meetings of the Senate ; they were still appealed to for their auzi'ium, and still 
exerted, or threatened to exert, their right of intercession ; but they prudently 
ascertained befbrehand whether such a course would be pleasing to the Emperor, 
or, if they fbr a mumeot fbrgM their position, and showed an inclination to act 
independently, they were quickly ebecbd and humbled. * The office was intro- 
dnoed at Constantinople by Constantine, and was in existence in the west daring 
the fifth oentory. 

The Triiinnes, under the empire, were genoally seledad by the Senate, irith 
the coocorrence of the prince, from persons who had held the office of Quaestor. * 
Angustns intrusted to tliem, abng with the Praetora and Aediles, the general 
nperiDtendenoe of the fourteen regions into which he portioned oat the city, and 
this charge tiiey seem to have retained aa late aa the reign of Alexandtt 
SevGTua, by whom new arran^ments were introduced. They appear also to 
have exeroaed, for a brief period, extensive jarisdlction in dvil suits ; but this 
was much curtailed by Nero.* 

The office presented so few attractions, that even under Augustus it was 
difficult to find candidates, and a law was found necessary, ordaining that the 
tribunes of the Plebs should be chosm by lot out of those who had served aa 
Qnaestora, and had not yet attuned to the age of Tortj. ' Pliny eudeavoors to 
represent the Tribuneship as still worthy of being regarded as a high and sacred 
dignity ; bat it is evident that by hii contemporaries in general it was looked 
npDn IS a mere title, implying no honour — inanem um&nmi el tin* ionors wmmm 
(fepp. I. 23.) ■ 

IChs. KaLS. T. 

s DioB csH. LL t7. Lvn. IS. LIZ. 14. Lx 1& 3s. Lsxrm. n. smt Oul ■la.Tm.tt. 

TimH. Ann. L 13. VL IS. 4T. XIIL M. XVL M. Ulit II SI. IV. 9. 



, LunpHd. Alal. Ba*. 31. Tult. AOO. ZIIL Ml 



Cooglf 



nonld proTe inanffioii 
united effort was aboat to be made, hj a large numbo' of tbe Latin states, for 
the reiEorstioii of the Tanjuiui, a suf^idon hsTiitg aruen tliat the Consuli (bi 
the rear were fiieodlj to the cause of the eiilea, it wu proposed that it should 
be lawful, as a last resort in times of great difficultj and danger, (ultmum 
avxiUum — in rebut trepidis ulHmvm am^iam,) to appoint a single mapstrate, 
who should pouess, for a limited praiod, ahsolute power, without appeal, over 
all members of the communitv, and a law to that effect (Lex de DietaCore 
crtando) receiTed the sauction of thd Comitia. The name given to this new 
magistrate was originally Magister Populi; but aolaeqaentlT he was atyled 
Dictator, a title klieadj familiar to the Latin states. Considerable doabl exiated 
when LivT wrote as to the precise vcar in nrbicb the office was instituted, and 
as to tbe mdividoal fint nombated ; hut tlie accounts which he deemed tnoBt 



years before the establEsliment of Tribani PUbis. ' 

aicda orElcciiaa. — A Dictator was niuned by one of the Conanla, in pnr- 
tuanoe of ft decree of the Senate. Hence dicere Diclalorem is the strict 
technical phrase, although creare, nomtnare and tege'-e arc also occasionally 
employed. The Consul could not nsme a Dictator unless snued with the 
aathority of the Senate, Dor could he, if required to name a Dictator, refuse to 
comply with the order ; hut, on [he other hand, although the Senate fi'cqucotly 
recommended a particular indiridual, and although this iccommeod.ition was 
generally adopted, they could not limit the choice of tbe Consul, who by no means 
uniformly attended to their wishes.* In one lemarlcablc cose we find the 
Comitia Tributa, at the request of the Senate, fiiinj; upon the individual who 
was to be named Dictator by tlie Consul (Lir. XXVII. 5.) No magistiaie, 
except a Consul, or one who occupied the position ol' a Consul, such as a, Trilmnns 
Miiitaris amaulari poleslalt, (see p, 186,) could name a Dictator ; and hence 
the nomiuatioti of Solla by an Interrei, and of Julius CiesaT by a Praetor, 
moat be regarded as direct violations of the coiutitution. > The nomination, 
DDcler ordinaiy circamstanoei, took place at Rome, and wc Enr' examples where 
Conjuls were sommoned from a distance for the purpose ; but in cases of 
necessity a Dictator might be named in the camp, provided it was not beyond 
tbe liouts of the Ager Eomaaas, wliich, in the time of the second Punic war, 
waa nndentood to comprehend all Italy. It having been settled by mutual 
agreement, by a special rcsdntion of tbe Senate, by lot, or otherwise, which of 
tb twoCoosole shoold perform the taak, the Consul bo selected rising (surgeru 
a. oriens) in thb dead of night, (nocie tiUntio,') if no unfavourable omen presented 
Itsdf, named whom he thongbt fit Dictator. * 



VuToL.I. V. {st VL tSI. mp. HuTDb. aLS ¥al t.t. Optima In. j.. IM 
S U*. IV. 17. 51. SIM. tS aj. Vtl VII. 1*. VIIL 11 IS, IT IX. ^ MiB. X. II. 

XXIL H. ZXVII, n. Cle. da Inn. III. S. 
*Ur. IV. 31. Cfo. a> Itg. kfT. III. 9. Id Alt. IX. 13. C»> B.C. IL SI. 



Dlimri. V. TA Ta 
EplLlO. 



VKHATOX. 181 

— The original law, dt Dietalore creando, enjiriiied tfait no 
one ahonld be luuned Dictator uolesB he had held the office of CoobqI, (coiutdari*,') 
but thia nle aeenu to bftve been dispenied with at an esrlj' period, sinoe A. 
PoetDoiiiu Tabeitui was Dictator in B.C. iSi, allhongh he Eud not preriouilj 
been Consul ; but the exceptions were certaioly rue. ' The Dictator was chosen 
originali; from tho Patridana exclonvelj; bnt after the Plebs mcoeeded in gaining 
admiKicn to ttw Coosnlate, the DictAtorahip (ZHctatura) also was thrown open. 
The first Plebtian Dictator was C. Maniina RnUlns, named B.C. 356, ten jean 
after the Consnlship of L. Sextiua. 

OhJcciB At whick a Dictaiar wu Niiiaed.— We have Stated above tbat 
the object originallj oontemplated in naming a Dictator viai to avert some 
danger of a character so tbreatmag that tlio onliniuy resources of the constitn- 
lion were deemed insofficeat — Imperio, mo priora ad vindicandam maximu 
pericttlu rempulilicam vti fatranl — Quaruio dudtum graniia ducordtaeee 
civiam acunt . . . PopuU Magiater ato. ' Dangers of this description might 
arise either from eitemal enemies or from intestme discoid, and hence aDiotator 
was generallj named either for the proeecntion of a war (rn gerandae caiua) 
or for (he suppression of a nopnlar tDmalt (sediiionU tedandae eatua.) Bat in 
process of time it was foand convenient to appoint a Dictator for the perfonnauce 
of less important, bnt indispensable datiee, when the fnoctionaries on whom thej 
properly devolved were prevented by some unforeseen event from discharging 
them. Thus, a Dictator was frequently appointed to preside at the aimual 
elections, (comiliorum hahtTidomm cauia,) when, in conseqoenoe of deatfa, 
sickness, or the demands of military service, it was impoieible for either of the 
Consuls to be present in the ci^. In like manner, a Dictator was sometimes 
appconted for the purpose of making anaugemcnts with regard to the Ferine 
Latmas {Feriarum coDitttuendanim cansa) and the celebration of solemn 
games ; (ludorwn Jitciendorurn cawm ;) for presiding at trials of an unusual 
chaiaoter; (quaationibai exercenda ;) for fixing the ntul in the temple of Jupiter 
Capitolinus, which maiked the succession of years ; (clavi Jigendi cauaa ;) on 
one occasion for supplying vacondes in the Senate ; {aenatuiUgendo;') on another 
for recalling a Consal, who had overetepped bia duty by qoiltlng his piovince. ' 
It must be observed also, that in the esriier ages, the Senate and the Patridans 
had often recourse to the nomination of a Dictator when no real danger threatened 
the state, in order that they might frustrate the schemes of (he Tribunes, or 
accomidish some other party paipose. Hence some historians, reasoubg apparently 
from these abuses, ascribe the ori^ of the ofBce to a detirs on the part of the 
Patridans to coerce the Fleba, who, overwhelmed with debt and cmsbed by 
Df^Kwdon, bad become indifferent to the dangeii which were threatening the 
- community at large, and were refusing to servo as soldien. * 

KitcKi sfK DiefMM''a Fawor. — As soon Its S DietatOT was named he was 
invested with Imptrium by the Comitia Cnriata,' (see above, p. 149,) and 
forthwith all the independent powen of the ordinaiy magistratea wen snspended ; 
they did not resign tbeir offices nor cease to pwfitfm thor dntiea, bnt so long as 
the Dictator remained in office they were in all re^MOts subject to his control, 
lesuming their fimner poaition whoi he retired. The Dictator was, fbi (he time 

1 Li>. IV. H. aa ilsalB B.C Sn, C. IdIIu Iilu. 

1 v*iw»iLE8 cts.dsiHf. III. a 

> EuoplM of tiM alMT* win b* (onnd in JU>. TU. IS. XXVII. It- IX. K, TU. 1. VIU. 
I& IX. M. XXIU. U. XXZ. H. 
4 Dloiwa V. ea-TL ZooSTM. VIL II 

* Llv. IX. 38. ». r-~ i 

I ,l,z<,i:,.,C.-'OOglC 



182 

bung, lupreiDe ; he iru a temporair despot, aimed with full power to ado^ 
what meunrei he thought expedient, withoot connMng the Senate, and to 
dispoBe of the lives and fortnnea of the citizemi withoat appeal (sine pTotodX' 
ttorw.) ' Etbd the auxitium of the Tribunes was powerleu agtuost the might of 
the Dictator; ' and the few eases npon record in whioh the former were called 
upon to interjere were those in which a Dictator, when appconted for a special 
pnipOMgWai endekToniiiM; to pass beyond the limits of hia commission. * Finally, 
« Dictator was IiTMpgiudble, and he oonld not be called to acconnt Ibr hb acta 
■ftcr he had lud down hia t^oe. 

We mi^t Later from a passage in Featos * that there wit an appeal from the 
Kctator to the people, and we toiow that the Zez VaUria Horalia (Uv. Ill, 
fi5) enacted — Netpat uUum magixtTatam sine prorocatiemt erearet ; bnt no 
relianoe can be reposed in this place on the text of Festna, and the Lex Valeria 
taatt be nnderatood to have ^iplied to ordinarr magistrates only. 1Ve find no 
example in history of an ^ipeal from the commands of a Dictator haring been 
proseculed with saoceu, and only one instance of soch an ^ipeal having been 
threatened (Ut. YUL 93.) 

The very nature of the office rendered it impossiUe that there ehonld be more 
Iban one Dictator at the same time. The only appiuent exception is to be fonnd 
in the case of H. Fabios Bateo. who was named Dictator in B.C. 216, for the 
qMcial purpose of filling np vacandes in the Senate, H. Junius Fera having been 
previonaly named rei gerundae cauia. The procedure was, however, at tMs 
time regarded as altogether irregular and aoomalous, and to be jnatiiied only on 
the plea of necessity (Uv. XXIII. 22. 23.) 

Uailiiiil*BB ■• ihe Pawar mim. Dlcuuo*.— 1. A Dictator was named tor 
■ii months only, {saoEitre imperium,') and there is no example of any one having 
ever attempted to retain the office beyond that period. ' On the contrary, a 
IHctator seldom retained the office even for six months, except when named rei 
gerundae cataa, <md even in that case, if he succeeded in brinring the struggle 
U a speedy termination, he resigned in a fewweeks or days. Bat when chosen 
for any of the ipedal paipotee enoioerated above, he was expected, as a matter of 
oonne, to resign (afiificnre u liictataTa) as soon as the duty waa discharged. 
Indeed, aa indicated above, if a Dictator, when appointed for a special purpose, 
endeavonred to exert his power in reference to other matlera, he might be snccew- 
fiilly resisted. ■ 

The perpetnsl Dictatorships of Sulla and of Caesar were opm violations of the 
constitution, reauldug from the disorders of dvil war. 

2. It most be understood that, although a Dictator could enforce absolute 
obedience to his orders, and although these orders oonld not be dispoted, in anj 
matter connected with military operations, when he was named m gerwidae 
eaiaa, yet, when called npon to perform an oidinary oonstitutional act, be wai 
boimd to perform that act acoording to the catahli^ed prindples and laws of the 
constitution. Thus, a Dictator, when predding at the aimnal elections, was 
ohliged to observe alt the ordinary forms connected with the COmitia, and to 
take the votes in the nuumer presoribed by law{ and hence, when T. Manliai 
ii.xxin.sa do. iif i(f I. HL a Diniji.T.m 

uMpilanviUi ntudto tb* TrffenMS, tat tbaf ate atp«r Is 



«Ut. IIL». IV. t& VI. n VIL3,tX.t6.hXX[lLIl 



,i,z<,i:,., Google 



DICTATOR— FBODHTAIDB. 183 

(Uv. Til. SI) attempted to neglecC the Lex Licinia, m holding tbe ConaiilM 
Comitia, he irai renited, and failed to effect his pncpoce. 

3. We an told bf a lata writer, whose itatemeot ia, howero', to a oertidii 
extent ooirobonled bj Lirj, that a Dictator conld Dot expend the puUio Toauej 
willioat permiesion from the Senate. ' 

4. It leema to have been a recognised principle that no one thonld be albwed 
to eienuM, bejrood the limit* of iuly, the eitraordinaty powera bestowed vpoa 
a Dictator. This rule was riolated upon one oocauon tmlj, whm, during the 
fint Ponio war, Atiliui Calatiniu commanded an array in Bicnly (B.C. 249^ ' 

AbaUHsB of Ike OMcc — From the year B.C. 249 nntil B.C. 217, no 
IMctator was named ret gerundae eataa ; the office, in a great meaanre, fiJl into 
deeuetude and was almost forgotten. * Bnt, in consequence of the tenor eanMd 
by the snocesees of Hannibal, Q. Fabins Maximus, in B.C. 217, and H. Jnfuot 
Pera, in B.C. S16, were named m' ^«rua<Aie i;auM,wliile others ware named, up 
to B.C. 202, comidontm caata ; the last of these being C. Serviliua Geininiii. 
mth the termination of the eeoond Pm^ war the otBce of Dictator may be add 
to hare become extinct; Ibr we cannot regard the perpetnallHotatonhips of Solla 
and of Cffisar as revival! of the eonatitntional magistracy. Upon the death of the 
latter, the name and office of Dictator were formally abolished bylaw.* 

Dccrvriin UIUhbih —After the office of Dictator had fallen mW disuse, the 
Seoale, in seasone of ^reat peril, recurred to an ancient osage, ' and aimed the 
Consuls with eitraoidinaiy powen by passing b reaolntion, whioh is termed by 
C«sar Decreium extremum atque vUimuta, couched in these terms — VroEABT 
(s. Dest opbhau) Consin.ES kb quid detroiekti BzapHBUci. caput, the 
natore, object and effects of which are briefly, but distinctly, described by S^Ht 
(Cat. 29) — Itagae, guod plerumque in alroci negotio toiel, Senatut deertoit, 
darent openim Conmu, ne quid TetpiibHca detrimenti eaperet. Ea poUtUu 
per Senalum, more Somano, raagittratui maxima permiUitia; exereitum 
paTare, bellum gerere, coercere omnibus viodui aociot atgiu civet, domi miU- 
tiaeifue imperium atque {adieium lummum habere; aliier tine populi jam 
nulii earuia remm eottiuU iut eit. 

■ihIibIk af ifae Dleiaiar. — Since the Dtctalor represented, in his nnda 
person, both Consuls, he appeared in public with twenty-four liclon, who 
marched before him with Faicei, to which the Secures, emblematic of hia 
abaoluCe power, were attached even within the city. ' We cannot doubt that he 
wore the Toga Praetexta and used the SeUa CutuUs, although we do not find 
these specially mentioned aa badges of his office. 
PROSICTATOK. 

On one nngle occasion of great embanassment and alarm, immediately after 
tiie battle of a\t Lacus Tkrasymaiua, when one of the Coasnhi vras dead, and It 
was difficult, if not impossible, to reach the other, by whom alone a I^etatCC 
eonld be named, the people elected (creavU) Q. Fabins Haxhnns Prodictalor, 
in which capadty he exercised all the powers of an ordinarr Dictator (livi 
nil. 8.) 

1 ZdDUM VIL 13. LIT. XXn. 21 

SLIT, Kplt.ZIX. DlonCui.XXXTT.il. 

>Ut. XXILLII. 



*Cle.Flinii>p.I. 1. LIT. Kplt. CXVt DIob Cui. XLIV. SI . LIT. 

' — -to dia. Cut. 1 a pre Milan. M. pro — " ' — " --^ 

• - — ~ » XXXVII if. 



1, MInrt. ftafiD. H. lA. L 



< Polfb. Ill, S7. DI(inTi.V.7& X.U. Pint. 7*fa. M. LIT. 11 la Tbwtmi 
-' — *-- '- -'- MnifoasdlnLlT. Eptl. LXXXIX.thM SidlkWH tko In 

;h Iwmtj.foDr LIcton. 



184 MAOIBIXR EQUttDU — DECEHVIRI LEOIBVS SCRIBEITDIS, 

lUaiSTBK EQinTDIf. 

ii looa M a Dictator had been named, he himeelf named (dixit) a lientenuit 
<R depatj, who wu styled Magister Eauitam, probablj because he headed the 
eav^tj in the field, while the Dictator led the legion. The MagitUr Equitum 
execntad the orden of the Dictator when the latter was present, and acted as hia 
lepreMDtative when be was absent, bdog in all respecla robordinate to him, and 
bcmod to jield implidt obedience. The ooly caw in which wc End the serrioet of 
a MagitUr Egvitu-m dispensed with, was when M. Fabiua Bntea wag named 
Dictator (B.C. 216) for the purpose of filling up vacandea in the Senate ; but, 
at we have ooliced t^ve, the position of Buteo was altogether anomalons, for 
there waa another Dictator in office, M. Junius Pera, who had been n.-uned r«j 
gerundae caiaa. 

The eailiest Magistri Emtittm were all persons who bad held the office of 
Conml, (coiuulares,) and althongh when the mie was departed from in the com 
of the principal, it oonld not have been enforced in the case of the deputy, tht 
exceptions were not nnmeroas. The first UaciBter Eqmtum, not a Cortsularit, 
npon reoord, was L. Taiqailias, B.C. 458. We infer, moreover, from scaltered 
notices, that the tfagixter EquiiuTn waa required to have held the office of 
Praetor at least, and that his tank and ioagnla were the siunu as those of a 
Praetor.' 

DECEMVIXI LEOIBna eCEIBERDIS. 

Orif^a KBd dBrndCH »t the OMcn. — The Plcba having gained a secnrs 
positioii in the state by the insthution or the Tribuneship, tiicir next efforts were 
directed towards a reform in the administration of justice. This, alter the 
eipuhnon of the Tarquins, vae in the hands of the Consuls exclusively, who 
decided all censes accoidiog to their own discretion, and acting under the 
inflnence of excited par^ feelings, showed little disposition to discharge the 
jndidal fhncdons with impartiality. Written laws, if they existed at all, ncro 
(^ in number, and a knowledge of these, as ivell as of the law of custom, (/ua 
Qmsuetiidinii,) hy which chiefly all legal proceedings were regulated, waa 
confined to the Patricians, who jealously refmincd from oommnnicaiing infor- 
mation on snch subjects to persons not belonging to their awn order. Accordingly, 
in B.C. 463, forty-seven years allcr the inetitution of the Consulship, and thirty- 
two years after the institution of the Tribuneship, C. Tcrcntillus Area, a Tribune 
of tho Plebs, brought forward a bill to tlie effect, that five commissioncra should 
be elected for the purpose of drawing np laws to define and regulate tlic power 
of the Consnls — Ul qiUnqtieviri creailar Ugibus de imperia camnilaii scri- 
bendis.' This proposal was violently resisted by the Pntridnns, and tlie wnteat 
was prolonged for ten years. In B.C. 454, however, the Patricians yielded so 
flv as to consent that three ambassadors should be sent to Athens for tlie purpose 
of obtaining a copy of tho famous lairs of Solon, and of making tliemselves 
acquainted with the laws and usages of tho other states of Greece. After their 
tetnm, a bill was carried in B.C. 452, that ten commieaionere should be elected 
for a year, not merely with the limited ol^ect Gret proposed, but for drawing up 
a complete body of statutes, which should be made knoivn to all, and be binding 
on all members of the oommonity ; and that, during the period of their office, they 
should be the sole magistrates of the republic The whole of the commissioner* 
thus cboaen were Patricians, it having been previously stipulated that they should 



IFalAnLST. Cle. d* Kff . IIL 1. DionCui. XLtL !l. ST. Fhit. A 
* Ur. to. 9. I>l«vi. X. 1. 



".OOglf 



Dwacumi LEaiBua scsiBKiiDia. 186 

Mt b« pennittod to onnnl or tittt those lawB which «ecured hy a tolemu unodoii 
(Ufiet tacralae) the pririle^ of Ihe Hebeian order. 

The first Decemviri legibvi ttxibendui, as they were st;l«d, entered upon 
office on the Idea of May, B.C. 451, and eierdsed their power ia mch a nmnner 
aa to give general utiefaction. Ther drew np aCode consisting often diviwna, 
or Tabla, as they were termed, which was accepted and rallied by the 
Comitia Ceatariata. It having been represented, however, that the woric waa 
■till imperTecI, and that two addidonal Tables were required to render the syslcm 
complete, the people coiiKnted to appoint Decemviri, upon Uie same terms, 
for another year. The members of the leoond tioard were, according to Livy, 
all different, with the cxceptioQ of one individual, Appius Claadiaa, who, 
although he presided at the election of the new eommlMioncrs, returned himself 
a« one of the number, in violation of the usage estabiished in luch cases (see above, 
p. l:!9.) The new Docemvirs, headed by Appius, were as remarkable for their 
insolence nnd tyranny as their predecessors had been for mildness and moderation. 
Raving finished the task assigned to them, by the addition of two Tables to the 
exiling ten, there was no longer any pretext for them to remain in office; bnt 
thev allowed the year to elapse without sumuioning the Comitia for the election 
of Consnls or other magistrates, and witliout eliowing any intention of re«gning 
their power. Tliis usurpation was, however, soon brongbt to a close, by the 
outrage perpetrated by Appius in regard to the daoghter of Virginius, when the 
DecemTiis, in order to escape from the storm of popohir indignation, formally 
abdicated. Tribunes of the Plebs were forthwith elected at a meeting of tM 
Cuniilin Tributa, held by the ronlifex Maximos — Consuls at a meeting of the 
Comitia Centuriata, held by aa Intenex ; and the previous form of government 
was at once restored. * 

Pawrn mm* DbiIh of the DsccHTlri. — The I><C«nt>tri were, for the dolB 
being, tlie sole magistrates of the republic, performing all the duUes of atata, 
both civil and militiiry — the office evtn of the Tribunes of the Ptebs having 
been suspended ; their power was absolute, and without appeal to the people — 
Placet creari Decemoiros tineprococatione, el ne ipiii eo anno ciius magatraba 
ettel. ' The tint Decemvirs exercised supreme jurisdiction by turns, one only 
appearing in public with twelve lictors and the other iiuigniji of Consular power, 
while his colleagues were acoompauied each by a single aceenstu, and each 
permitted an appeal Irom his legal decisions to another member of the body 
i^quum prioresbtcemviri appeliatione eoUegae eorrigi reddita ai te iura tulit- 
sen/,)* But the second board not only dec^red the deduon of each individual 
manber absolute and final, but each appeared in pnblio attended by twelve lictora, 
with fofcet and securei, thus thnmging the fbmm with a troop of one hundred 
and twenty anued attendants, and striking tenor into high and low alilce by this 
display of despotic force. 

lisw* at Ike Decemviri. — But although the office of DecemTirs quickly 
passed away, and the individuals who had held it were foi^tlen, or remembered 
with detestation, the work which they bad performed remained a durable monu- 
ment of their toils, and the code of the XII Tables, oigraved on plate* of brtmia 
and hung up to public view, (in aa mcuat in publico proponenailA served in 
■U time coming as the fonndation of the whole fiibric w Baman Law (Jim* 
tanuM pvbUci prieatiqut iurit.) It seeina to have embodied the lawiand oaagM 



lUv.IILSl-U. IHoiiTK X. I. H44. Clo.d<B.ait.ndakn.IIL*. 
• U*. IIL n. K. Mmp Dtoojs. X. M. 



JOglf 



186 niBinrt miutahE8 coKBnAiii'KiTBn'ATE. 

in forae uncn^ the Koihidb at the time it nis oompiled, loeetber with w 
■dectioQi from fbteign wnroes, (accitis quae iisquam egregia,') the whole haring 
beeo ooUected, digeatcd, acd combined anderthe saperiutendence of an Ephesian 
oxile, Hennodorns bj name, to whom, io teatitnony of his aervices, a statue waa 
ereoted at the public expense, in tbe Gomitiam. ' 

TKSUMI WLTTAltElS COBSDIuUU POTESTATE B. COKSUT.AKI IMPEIUO. 

flrtcla mm* DanUmi 9t tke OBce.— In B.C. 445, four jtan afler the 
abdication of the I>(lCemvi^^ C. Canulcins, a Tribnne of the Plcbs, proposed two 
laws, the one for cetablUhing' ^e right of intermarriage (connvbiuni) between 
Patricians and Plebeians, which had been fonnillf prohibited by the Code of the 
Xll Tables, the other fbr declaring Plebeians eligible to tbe Consalsbip. Tbe 
fbrmer was carried in the same year after considentble oppondon, the lstt«r was 
more fiercely iVfflsted by tbe Patricians; who perceiving, however, that if mattera 
were poehed to an extremity, they woold, in all probability, be vanquished, 
■ereed to a oompromiie, io terms of which it was resolved that, instead of two 
^unls, a larger number of magiatrates, to be called Trilutti MiUiaret Contulari 
polestaie, invested with tbe same powers as Consult, should be elected annuallj, 
■nd that it shoold be lawful to choose these li-om the Patridans and Plebeians, 
without distinction (^promucve ex patrtbas ac plebe.")* This ananeemeot 
coDtJDued partially in force (or nearly eighty year*, (B.C. 444 — B.C. 367i) nntil 
tbe passing of the Lex Lidaia, (B.C. 367.) ^wbic^ the Consulship was uirown 
open to the Plebdans. Doring the abovn period the Senate seems to have had 
the power of fixing, each year, whether the magistrates for the following year 
■honld be Consnli or Tribuni MilUaret C. P. and their decision appears to have 
been generally regelated by the state of parties. When the Tribunes of the Flebs 
were supine or had little prospect of being able to cany a law similar to that of 
Canuleius, then two Patrician Consuls were chosen ; but when tbe agitation waa 
pushed with greater vigour, then a dectee was passed for the election of TWSuni 
MUUarti C. P. Daring the space indicated above these Tribunes were elected 
fifty limes. Consols twenty-three times ; and during five coosecntive years, (B.C. 
376 — B.C. 371,) the struggle connected with the Licinian Bogadons deprived 
the atate altogether of supreme magistrates (see above, p. 170.) 

Nambcr »r Trlhnsl fflilliarea C. P. — Id the four elections which took 
{ilaee from B.C. 444 — B.C. 427, three were chosen for each year ; in the thirteen 
dectiMU, from B.C. 426— B.C. 406, the number was four, except in B.C. 418 
and B.C. 408, when there were three only ; doring the remaining period, com- 
moidng with B.C. 405, the niunber was uniformly six. 

nwa •rEieeri*n, ■••wen. ud i»iic>. — These magistrates were dected 
t^the ComitiaCentnriata, and the duties which they performed were precisely the 
tame with those which devolved npon the Consuls. One of their number nsnally 
remwned in the city for the purTtose of adminietering Justice, presiding at 
meetings of the Senate, holding Comitia, and performing other dvil functions, 
the rest went forth eilber sin^y or in pain to command the armies and prosecute 
the wars in wliich tbe state might be engaged. Whm acting together, ihvj 
aaamned tbe supreme oonunand upon alternate days, as already described in tha 
CMsofttieCDCiaDlB.* 

lDIaBnX.BI. TMltAnn-CLM Liv. III. M. FUa. KK XZZIV. & Paana.^ 
mitt. Iv. DIsM. L IL 1. 
■ U(. IT. a amp. DlmiT*. XL 00. 
SLIT. IV. II. Di^DM.111. 

• Ut. V. ii^iaiv. II. s6.u.4aia. VLi. 31 

DiailizodbvGoOglf 



nuBum lOLiMKza c p.— pkakosks. 187 

—It hu baen doubled nhether the Tnbuni MUitaTu C. P. w«n 
regarded w Cnrnle Hwstntee ; bat it a clear, from the word* of Livy , (IT. 7,) 
tbftt their imptriutii •nd the emblenu oT their sntboritf vera the lanie with tboH 
of the Coiunli. There i* no record, howcTer, of anj one of than having evv 
cdebrated & trininph, ■Ithoagb the]r gained victoriee irhieh might h»e addled 
tbem to that distinction. 

It maj be aiked what the Patrieiane gwted hf cooMnling to the inititntioii 
<^ this new migUtrst^, which was thrown open to the FlweiiiDS, while tb(7 
eUU trtrennonsl/ rcualed their admieuon to the Canmbhip, On this point 
histMiane supply no dear ezphwation ; bat it win be m» (in the eeetioii on 
Ckkbobzb) that, at the period when the change was introdnoed, the dn^ of 
takiDg the Cnuu*, to wbidi the Fatridans donbtleM sttadied great importanoe, 
and which had faithorto beoi peribrmed bj the Connls, was committed to two 
nagietrates, then fint^ipcniited for that ipeeial pnrpoee, and who, for a oonddw- 
able period, were ehoem fivm the Patridana excloiiTelj. It has, moreover, beeo 
oonjeotnred, with mnoh [dansibihtj, that the Palridani made some atipnlation or 
airangement, bj which the Tr&uma who remained in the ist^ for the porpoae 
of adminieterin^ jnetice shonld be a member of (heir own bodj ; for even after 
the admission of Plebeians to ibe Consulship, the Patridana. olnng to the privilege 
of appcnnting one of Ihur own order to act as supreme jadge in the dvil courts, 
aa we ahall explain in the article on Pbaztobim. We shall find, moreover, that 
althongh in several instances the Tribuni MUitarti C P. were all Patricians, 
thwe is no example of thnr having been all Plebdans. 



orlsiii or tha OMca^ — When the Patricians woe at length compelled to 
acqnitwce b the passing of the Xez Zinnia, (B.C. 367,) bjr which the Conaolship 
was thrown open to the Plebeian!, (see above, p. 170,) they sCipQUted that the 
judicial fiinctiona hitherto discharged by the Consuls, should be separated ftom 
their other duties, and that a new Corale Magistrate shonld be appointed, ftom 
the Fatridans eiclosively, (o act as supreme judge in the dvil courts (otn tut in 
vrbe dkeret.) On tbii magistrate the title of Pbaetox was bestowed, (Prat' 
torem iura reddeitUra,) which, it will be remembered, (see above, p 167,) was 
MiginaD; the designation of the Consalg. The Praetoiahip was retained by the 
Fatridans longer than any of the other great offices of atate, no Plebeian 
having been admitted nntil B.C. 837. ■ 

naHfecT ml Praetvn ■>■ iMMhrcBi Tl^ — At first there was one Praetor 
only ; bnt towards the eloee of the first Panic war (about B.C. 244) the numb«r 
of Ptrtgrim (see ahove, p. 115) reaiding in Rome had inoesaed to such an 
extent that it was found necessary to elect an additional Ptaetor, who shonld 
oonSne his atlentioD to suits between Peregrini, or between dtizens and Pere- 
grva.' Ptamtiiia limeGvward the Praetor who dedded cansee between citizens 
alone was tenned Prattor Vrhanvt or Praetor Urbii, and to him belonged, in 
tedmioal jittuvAogj, the iVorinda i. Sari Urbona — Urbana hmtdic&a — 
iuiidietio inter ckei; while his colleagce was said to bold the Pnmneia a. 
Sor$ Ptrtgrma — Peregrina Tmritdietto — /Hritcffetio tnfer patgriaot — Ittrit- 
dUtio inter eivti it peregrinot, and was, in later timta at least, styled Prijttor 



AiMiȣii| to Baitw UH tttli Prttltr Ptrmrimi 
it U< orhii^iL Sm OrdU C. L I. Xa, Ma. B 



About B.C. 227 tha nomber of Pneton wm increMed to four, in order thai 
one might proceed simiullj to Kcily to act m govemor of Ihix province, nhile 
another mifht, \n like manaer, take the oommaDd in Sardinia. In B.C. 197 
the number wee ftirther increaaed to bIi, in order to prorido lulera for the two 
Spajiu. A Xec BaMa ii»» paaeed, probablj in B.C. 180, ordaining that the 
nomlxT of Praetora ahould be eii and four, in altemUa jean ; bat SiU Btatutt 
•eems to have l«eu put in ron% once only, namelj, in B.C. 179. Bj Sulla [lie 
ncimbcr of Praeton itsb angmented h) eight, iiy Jnlins Okut to ten, tweire, and 
CTeDtoall]' to Bixteen. ' 

Dsilea «f Ike PrmMin. — The charge btniBted to each Praetor vaa, nndcr 
ordinaij drcnnutancea, detennined by lot,' and the natnre of their duties ha* 
been indicated above. The Praetor Urbamis and the Praetor Feregrinia 
remained in the city to eierdac their reapectiTe jmisdictioni, (liuae urbanae 
provineiae,) nbile the remainder proceeded with Imptrism to Sidlj, Sardinia, 
and the Spaina. But not only mi^t these last be employed elsenhere at the 
ditcretioa of the Senate, but occajionally the Praetor Fei^iinua ivaa called upon 
for military eervioe, in which case his duties were thronrn open the Praelor 
Urbanns, who was himaelf, in times of great emergency, lometimei required to 
take the command of an army. * 

After tlie institution of the QuaaHona Perptluae, (see Chapter on Roman 
Law and administration of joitice, p. 334,) that is, about B.C. 144, a great 
change took place in the anangements descnbcd ahova. From tliat time forward 
the whole of the Praetors remained in the mCy during their year of oiEce, two of 
their number presiding, ai formerly, in the civil conrte, while the remaining fbor, 
or, after the time of Sulla, the remaining bIx, took coguizanee of criminal causes, 
M we ihall explain more fully hereafter. This, however, is the proper place to 
say a few words upon the position oocapied by — . 

The rwrntturVrbmnmaapBclMOj. — The original, and, at all times, the diief 
duty of the Praelor Urbanus was to act as SL^reme judge in the wvil court; and 
ho took his seat on hie ourule chair, on his Tribunal, for this pnrpoao on every 
DUa Fastus, that is, on every day on which it was lawM to transact legal 
bnuness. He a.so, ex oiScio, presided at the Ludi ApMtJiara and the Ludi 
Pisealorii. These duties he performed even when both Consuls were in the dty ; 
bat in their absence his powers and occupations were greatly extended. He then 
discharged most of the functloru which had fotmerly devolved on a Praefeclaa 
Urbi, and, in fact, acted in every respect as the repreaentadre of the Ccnsnls, 
except in ao &r tliat it was nut competent for him to name a Dictator nor to 

—They w 
6 Consuls, 
I several days later. 
A Pratlor was styled CoUega Conanlia, althougli inferior to him in rank, and 
«M regarded as occupying the second place amon^ the higher magistrates. * He 
wore tne Toga PmeUxta, used the S^la Curala, and was attended by two 
lictoiB within the city, and by six when on fbreign service, sod hence he ia 
termed by Polybius iiurilitiivc iry/*'" or iiariluiuii erpmrtiyii and the office 

lLlT.Epi[.XZ.XX3[tLIT. Xl^M SiiMon.C*H«1. UlonCui-XLH, 31.XLIIL4I.K. 

9 Ttia smiu. bowsnr, ocsuIoihIIt (HURwd Um rlilit at Silns. vira ordinim. Ilw dalla 
U b* parTonned b; dim or man af tb« Pruton, >.(. CamlHii p raMmram prrfirlU. Aiutat 
mmimUiamfirttim nt. u( d. nirnn rHru orllmrm uriaum prmtimtia mtt LIT. XXIV. S. 

S Ut. XLIL M. XLIV. 17. XXIV. 44. XXV. & 41. XSX. 40. XXIII. St. 

• Ur. VILL VIIL«9.X*1. XXVILU. XI.MXL1ILI1.XI.V.4*. . 



18d 

ti^wiiititvc Afxi. ' The Praetor Crbaniu was le^trded u snpaior in Siftatj 

to th« rest, and b«nct wu deBignsted Praetor Maior. ' 

Tka PncionUp under ihc JBHpin.— The nnmber of Pmetora, which had 
been increued b^ Cnar to uxteen, wu, in the Gnt instanoe, redaced bj Angiutiu 
to ten, then again railed ta siitfen, and Enallj fixed by him at twelve. From 
AJ). 14 nntil A.D. 96, it varied fiom tirelvo to eighleen — ei^teen held oEBct 
imder Nerra, and no change seems to hare taken place nnder Xn^an, Hadrian, 
and the Antoninea. ' 

The functions of the Fraetora, nader the empire, were, to a considerable extent, 
altogether difTerent from those irhich thcj discharged nnder the common irealth. 
The supreme Juria^ction, both in the criminal and civil courts, was transfared, 
in a great meaanre, to the Senate and the Praefeciiu Urbi, although particular 
departments were, (rom time to time, committed to the Pnietoia. Augustus made 
over to the Praetor Urbanua and the Praetor Peregrinua much of the jnrisdio- 
tion whioL had fonnerl; belonged to the Aedilcs; Claudius oommitted to two 
^raetori, and Titus to one, the decision of questions concerning trust estates ; 
(^Praetor de Fideieommims;) Nerva appointed another to preside in all caosea 
which itroae between private individuals and the Imperisl exchequer ; (Fiicua;) 
Anloninos conugned to another all matters connected nith the afiain of minora, 
■od hence this judge was entitled Praetor s. Index Tuielara.* 

But although the Praetora, as a body, were now little called upon to exerdae 
purely jadici^ functions, new duties were impoKd upon them. A certain number, 
in Doujunctioa with the Aediles and the Tribunes of the Plebs, were ciiaiged with 
the general inperintendence of the XIV Eegious into whidi Augustus divided the 
□ty, and this arrangement appears to have remained unchanged until the rtign 
of Alexander Sevems- Angustus and Veajwsisn placed the public excbequer 
(^Atrariuni) under the manaKement of two Praetora, and the former mode over 
to the Praetors exclusively the whole charge of the public gamee, which had 
previously belonged to the Aedilcs. But these occupations were not found to 
afford at nil times snfGdent employment for the whole of these magistrates, and 
■wna of them ocoasionally enjoyed the honour and title without being called 
DpoQ for any active exertion. * ». *' 

The name, at least, of Praetor Urhanjii endured as long as the Bomao 
empire in the west, that of Praetor Peregriaus fell out of use after the time of 
Carocalla, who bestowed the fiill Civitas on all the inhabitants of the Roman 
world ; and both the Praetor Urbaaua and the Praetor DUelarii foond a place 
among the officen of stale at Constantinople. 

Two sets of magistrates bore the name of Aediles, belag distinguished from 
aiit other as AedUa PUbeii and AedUa Curtiles. Ve mnst, in the first place, 
consider them separately. 

Vwr.v.M. Foljb, II. t'l 111.40. IKfAK. lib.XXXllL 1. Tha tdoii (mburuilng puug* 
IS VaI. M*ji. L 1. 0, unL«u w aupj>OH tbftt (be (HnmonliLl tb«r« deurtbed wu nguded ua 
»rt of mlltUrj ■pvoUels. 

■ Fxt i.T. Maiaitm Cumltm. p. 161. 

) VdKLsi IL se. Tacit. Add. fit. II. II. Dion Cui. LIII. It. LVL n LTIIL SO. LIX. 
n. LX. la PoDipoDUlgnc I. II. 3. tlf. 

* Pomiion. DliHt I s. UlpUs. XXV. 11. DlfUt. XXVL t. a. XXVII. L 31. S. {. la 
Tult Adil VI 17 DinnCiuLlll 1. 

'DlonCui. LIILH. LV.& Tult Hlit.IV. S. Agrlo. K. SuiL OaUir. ». .W. Lunprld. 
Ala. B«T. W ^^ tfc, .U. 

tanMDunoinphsfSeaDmAaT.IIoRomaDBnun Avdlllhu. Bnlnunt. lUB. 



•wtgtm sflha Aa4Ht» PkkcU. — At the time i*hen tl 
OODolnded between the Patriovu aDd tbe Plebeians with regard to llie in 
of Tribnni PUbU, (B.C. 191, mm p. 180,) it trat agreed that, in addition to 
the Tribniua, two Plebeian magistratea Bhoold be elected ounnaUj under the 
name of Aedila. These appeu to have been, originaUj, regarded merely u 
assbtanU to Uie Tribunes ; and tbe txiij special duty vhich thej were itqnired 
to pecfonn was to aot as costodiera of the Tablet* on which the laws nasMd by 
the people in (heir Comitia and tbe decrees of the Senate were inacribea. TheM 
were, at that period, deposited m the temple of Ceree; and the Pl^ bad 
probablf stipulated that the}' should be ^ven in cbarge to officers selected out of 
their own body, from an apprehension that the great chaiteit of thur fieedom 
might have been tampered with if left in the baniteof the PatrioianB. 

UHcia af Iks Ac41l« dmin. — In B.C. 867, one hundred and twent?- 
eeren ytan after the iostitntion of the Atdila PkbeU, tbe long protnoted skife 
between the Patricians and the Plebeians was brooght to a dose bj the adnuiiioii 
of the latter to the Comulehip ; bat it was determined, at the same lime, that 
three new magistrxt«a should be introduced, to be choeen &oni the Patriaani 
ekcluaivelj, tie. the Praetor, of whom we have spoken in the pracedlag aitide, 
and two AediUa Cvndta, whose chief duty, ostemibly at least, was to be the 
oelebratiou, with extraordinary magnlScence, of the LiuU Romani, in booour of 
tbe bonnony now established between the two orders in the state. ' 

The Tribunes, however, having remorutrated against the anf^meea of insti- 
tnting three magistrates exclusively Patrician, while one place only in the 
Consnlsblp had b^ conceded to the Plebeians, the Senate gave way and consented 
(B.C. 866) that the Cniule AedUes should be chceen in alternate years &om the 
Plebeians, and, soon after, that they shoold at all limea be choeen fiom the 
Patricians and Plebeians indifferently. Henceforward there were foui innnal 
magistrates called Atdiks, two termed AedUes Pkbeii, ohoeen &om the Plebeiana 
excUisively, two termed Aedila Cumles, chosen from Patridaru and Pldidaiti 
without dittinction, 

Heluln PMlltoa af ike A«dUn PlabeU SMd Ae411ea Cnalc*.— In SO 
far as external marks of digiiity were concerned, the gupviorily of the Aedila 
Cuniiet was nnquestJonable ; for they had tbe privilege of wearing the Toga 
Praelata and nung the Sella Curulii, symbols of honour not enjoyed by ihtar 
Plebeiaii colleagues. On the other hand, there can be no donbt that the penona 
of the Aedila Plebeii were, on the first institDtion of the office, declared 
inviolable, (eacrotancti, see above, p. 180,) and they probably retained the 
privileges bi^towed by the Lega Sacralae to their full eitent, as long as they 
were regarded in the light of mere asustants to the Tribimi PUbit. But after 
they became, in a great measure, independent of the Tribnnea, and were called 
upon to discharge nnmerous and complicated dntiee — dntiea, moreover, which did 
not bring them iato collision with violent political partiians — it would seem that 
their inviolability dropped out of view, and that the higher magiatratee claimed 
and exerdsed the right of controlling, and even, m extreme cases, of imprisoning 
them ; so that, towards the dose of the republic, it became a topio of spacnladve 
discussion whether the AedSa Plebeii had ai^ right to the title of SacroaanatL * 
In regard to a separation of dn^ea between tbe Plebeian and Curule Aedtles, if 
any such existed, it is impossible now to discover the line of demarcation, eseq>t 
in BO far that the charge of certain of the more important public gamei, th6 InM 



1 LIT. VII. n. 

U>- IlL U M 



^olizodbyGoOgle 



ISI 

lioiiMnn and the Megalttia etpe«dall}r, derolved npoc tlie Cnnile Ae£lH, whik, 
H A mttter of ooniw, the Ludi Plebai were the jHoviuce of the PlebeUn Aedilet. 

ia»dB •! BieoLUib — The AtdiUt Plebeii, from the jeaz B.C. 473, were 
elected bf the ComiHa TVAuto, in temu of the Lex PubSHa of Tolero, (eee 
■bore, p. 155,) befbre thst time probaU; b; the Comtlra Cariatn. ' The AedileM 
Curula irete pnbabl/ elected originallj bj the Comitia Centariata, bat snbae- 
qoentlj by the Comida Trtftufa.-' the Cunla and the Pkbeii were not, 
boweYsr, dected on the Mine daj, at l«tut in the time of Cioeni ; but the Comitia 
At^Uma PUbit to(^ pUoe before the Coouda for Uie Cunda. * The preeidiiig 
macietrate li the election of the Aediles Plebeii teema, a* fitr as oar uiigle 
■nworitf oan be depended npon, to hare been himself a, Pleboan Aedile j the bit 
Canle Aedile waa chosen by Cainilliui irhen Dictator, afterwudi a Consul 
presided, or, in his absence, tlie Praetor Urbama. * 

Dbt sC iiidiicUoK ■■■■ oaeo. — Theie is no donbt that the Cnrule Aedibi, 
id of thmr inititation, entered npon office on the same daj with 
li and Praeton, and consequently, from the year B.C. 154, (see above, 
p. 171,) on the first of January. ' From the close connection which originally 
snbdated between the Plebeian Aediles and the Tiibnces, oue might have 
conclnded that the ft^mer wonld have entered npon office on the same day with 
Che latter, (hat is, on the tenth of December. Bat all (ho evidence we posscas 
goes to prove that the Plebeian Aedilee, aa well as their Comle coUeagties, 
entered npon office on the same day with the Consnls and Piaeton. ' 

DBiiM cT ika AedllH. — These were of a mo«t mulcifariona cliaracter ; bat, 
following the example of Cicero, they may be cwnveniencly classed onder tiiree 
heads — ^juttoqueAedihs curatores iir^, atmmae, ludorumqut loktmiam. 

1. It was their daty to act as burgh magiatratea and oommixeioners of police 
(Curatorea Urbii.) 

2. To anpwintendlhesnpplyof provisions to the pnblic(Ciirfltore».^»m(Biae.) 

3. To t^e charge of the exhihition of the pnblic games (^Curatorea ludorum 
lolemium.) 

L CuratortM Urbit, — Ae bnrgfa magistiates and commtssionen of police, the 
Aedilee were called upon to preserve peace and giood order within tbe ci(y, and 
within the drenit of a mile Irom the walls, which was the limit of their joris- 
lUotion ; to Ehune and enforce each regnlaCions as might be necessary for tha 
prwervation of property and for the safety luid comfort of the oommtmity. Witbhi 
five davB after (heir election, or, a[ all events, after Ihey eniered npon office, they 
divided by tot the districts into which the dty was portioned out for polios 
ptnpOEea. Each was ipecially required to keep ihe streets n-ithin his own district 
m good order, to see that (he necessary repairs were executed from time to (im^ 
to have them swept regularly, to remove all nuisances, t« prohibit encroachraenla, 
on the part of private individuals, which might obaCrnct the thoroughlaie, to 
quell all brawls and distoibances, and generally to enforoe oider and regulari^ 
among the pauers to and &o. ' To them was introsted the superinCendenoe M 



iKlX,ft,'l 


L IS. DIoDTa IX «. 


3TJ;" 


r. IX. 4S. XXV. S 


IThaunlmoD] 










li pnfcfftlji 




■.Mm!!, "' 












tPitoap. Anl 0*11. VI. 9. 






41. Cle. 


■d. Atl 


LlV.I-pnl 


m.% DlonCiu. 


XXXIX. r 


at ' 










1 do. tn V«fr. Act. L It 












»Ltv. XXVIIL 


m M. xxr\. »8. 


XXX. w XX 


XI 10, 




IShTiImLUr 


«!. Pl.ut. 


Hllcti 


. IL 


H. I» c, 


It. IV. 


11. » Burt. 


naim.lX.7. 0. 


rid. Fut. V! 


[.ta. 




llML XLl 







193 AEDILES. 

the temple* (procuralio aediunt tacranun) and of pubkie buildiagi in geuenl; 
and they had a rlgliC to intUt tliRt private mamioiu shoi^ not be allowed to 
fall into auch a Btale of disrepair as 10 endanger the safetj of the people. ' The 
duty of making contracts for the cxecn^n of great pnblio worlu belonged to 
the CensoiB, aa we aball point out in the article devoted to those magiatntes; 
bat since Censors were in office for eighteen months only during each space of 
five years, (iaitnim,') the task of seeing their projects oanied out must, in many 
cases, have fallen upon the Aediles. The Aediles also eiwcised a certain 
■orvdllanco over public health and public morality, by plaxing the baths, tavema, 
and eating-bouses under proper restrictions, * by preveadng the introduction of 
disorderly foreign rites, ' and by coming fonvard as the public aoousers of females 
charged with djagraceful condnot (probnun.) * They bad the right of issuing 
proclamations {eaicla) containing riilea connected with their department, and i^ 
punisiiing the infrbgeinent of these or of the ordinary police laws by the infliotipD 
of a fine upon oSendera. * 

But, in addiUon to these matters, all of which naturally formed part of ibwi 
dulLCB as police magistrates, we find them, especially the Fleb^aa Aediles, 
Iiistituting prosecutions against three claases of persona. 

1. Those who were in occupation of more than the legal quantity of the Ager 
Pubtunis, that is, the land belonging to the sUte (Liv. X. 13.) 

2. Those tenants of the public pastures (Peeuarii) who had increased tbor 
flocks beyoud the legal limila (Liv. X. 23. 47. XXXUL 42. XXXIV. &3. 
XXXV. 10.) 

3. Money lenders (/eneratora) who exacted more than the legal rate of 
inieiest (Uv. VII. 28. X. 23. XXXV. 41.) 

These were afiurs which might be regarded as peculiarly aOecting the interesta 
of the Plebs, and hence such prosecutions were probably originally inalitnted by 
the Flcbciim Acdiles in their cliaractcr of assistants to the Tribunea. On this 
subject we shall say more in the chapter on the Ager PubUcus. 

11. Cvratorei Annonaf.. — From the earliest tima the Aediles acted as 
inspectors of the markets, and hence they are termed dynpatiftai by the Greek 
writers on Roman history, hi this capacity they were called upon to see that 
the proviiuans exposed for sale were sound and wholesome, that de wdghti and 
meaaarea were in accordance with the legal standard, and tliat the prioes charged 
were not exorbitant.' But in addition to this, they were required to perform 
the more important and difficult task of securing an adcqnate supply of oom 
(ctira aunonae) at all times, and of making arrangements for importation fium 
abroad when any apprehension prevailed of a scardty Irom ordinary sourcea, and 
of supcrintendbg tiie warehousing and distribution of the large cargoes, whidi, 
towards the close of the republic, were regularly despatched to Some from the 
provinces. Hence, they assumed the right of inflicting linea apon those deden 
(/ntmentarii) who hoarded up large stocks (pbannonamcompreitam)>a»eui}a» 
4^ scarcity, in the hope of realizing an extravagant profit. 

In times of great emergency, however, a commisdoner was chosen for tha 
^ledal purpose of procuring supplies, under the name Praefecltu Amonae ; and 

1 Tmbol HencL CIc. In Verr, V. li 

1 8«»c. Enp. SG, Baal. Tib. SL Cliod. 8& HuHU. V. Si XIT. I. 

«LIt'. Vl'll. lauX.'si. XXV. ?. Anl. GelL X.&<RnDp. Vd-Hu. VI. L7. Lilw. u 
All OalL XVL 7. TmII Ann.ll. B8, 

t ut. X. ii.ai.47. XXX. m. xxxiil m.xxxiv. u xxxv lo. 4i. xxxTitL& 



1 IL lU. 4« 



.'.oogle 



AEntLBB. 193 

Jtdiiii C«Mr intlitnud tiro additional Plebeian Aedilee, under tlie dedgiution o' 

Aeditet Ctreaiet. ' - A denarius, cer* 

t^nlf Btrnck before the end of the 

republic, presents on ooe side & head of 

Satnni with & lidile behind, and the ' 

legend Piso. Caepio. Q. ; on the other, 

two men clothed in the toga seated irith 

an ear of oom before and behind, the 

legend being Ad. Fru. Emu. Ex. S.C. from which we infbr that the dnt^of 

pnrchaaing oom for the pnblie was sometimes laid upon the Qnaestoiv. 

III. Curatora ladorum tolennium. — The AedUet Curvla, as wa hare seen, 
from the first took ohaige of the Lvdi Somani; bat the general saperintendence 
eieroised by these maglitratea over the public games was closelv connected with 
the obliga^n imposed npon Ihem as heads of the police, to maintain order and 
regnlari^ at the great festivals which, in the earlier ages of the state, were 
exhilriled at the public oost eicluavely. The decoration of the Argenlariae, 
(sea alxive, p. 18,) with the gilded shields of the Samnites, at the triumph of 
PajHrine, in B.C. 309, is said to have first suggested to the Aedilcs the idea of 
omanienting the Fonun and ita vidnitj with statues, pictures, embroidery, and 
other woifcs of art, during solemn processions and the celebration of the pnblio 
game*. This species of display was, towards the close of the repnUic, conducted 
upon snch an eitenmve scale that works of art were borrowed for the purpose, 
not only from ptivate individuals in Kome, but from publio bodies in all the 
provinces, by the Aediles, who spared neither trouble nor expense in this nor in 
any other matter ooonected ^Erith tbe splendonr of the great festivals, each bdng 
eager to snrpaes his predecessor, and hoping that, by gratifymg the curiosity 
and feas^g the eyes of the multitude, ho would be able to secure their sofiages 
when candidate for the higher offices of state. ' It is to be obeerred tlut, 
although, the arrangement and regulations of these national shows devolved upon 
tbe Aedilei, one of the higher magistrBitea, a Consul or a Praetor nsnally acted as 
Pnaident. * 

We may conclude this article by qooting from Cicero (In Terr. Y. 14) the 
catalc^ue of the duties which devolved on him in his capacity of AedSis 
CurnSt, and of the hononra which formed the recompense of his labours — Nujie 
rum detigBatai AedSii : hibto rationem, quid a Populo RoTnano aeceperiin : 
rnihi iudot $aneiismmo> maxima cum caeremonia Cereri, Libera, Ltberaequt 
faciundot ; miKi Floram matrem poptUo pkbiqae Bomanat ladorum ceUbritaU 
plaeandam; mUd ludoa antiquaanua, qia primi Romani twit tiomtnati, 
maxima cum dignilate ae religione Lxri, lunomi, Mirtervat ttte faaundoti 
miki tacranan atdium procuratioTietn, nSii tolam Urbem tuaidam ate oom.- 
mitiam .- ob earum rerum laborem et soUiciludinem/ruetut Hloi daloM, anltous* 
ortminSeiiattttententiaedicendae locum, Togam Praelextam, SeBiim CurtJem, 
lut Imagiidt ad memoriam poslerilalemque tradendot. 

- In «h« Kmrin. — The Aedileg PUbeii and the AtdHet 
ether with the Aedilet Cerealet, mstiluted by Julius Csaar, eootiuned 
■stinot magistratea nn^ the itign of Alezaoder Sevens, when they 



1» 

diuf^wared altt^vtliB. Bat altbongfa ths dCEm vm dnu Kb^ned for mora than 
two centuries and a-bairaflv the dowafkUofthaOKiimonireallli, the da^eairere 
reduced widdn vtrj uamw Gmita, all the mott inportant taaka peribrmed bjr 
Ihem imder the repnUie hsring been b; degrees aomniiti«d la other handi. The 
gcnenl laptrintmdenaa of tbe XIT Regiout into whicti the dtj was divided by 
IngnatM, «M indeed intrnated to the Praeton, Aedile*, and Tribnnea of the Plebi ; 
but the UMMt Important and onerooa portion of thia charge fell upon the^o^wtrt 
Vkoram, the Prat/ecttu Fwtliun siid Tarioiu Curatora, nominated fbr parti- 
flnlardepattntentL ThftladiMaaeem to have leCiined little except the inipeetioa 
of the Btieeta, <^ bath* and ei taTeraa, the eierdH of a litararj cenioiahip, and 
the enfbreemant of the sanitaiy lain. The Cnra buhnon tolennum was left 
with them fbr i ttm; but the expensee entailed b/ this charge being Tuinoiu 
to men of moderate means, and popular tavonr being no ionger an o>^ect of 
ambmon, persona oonld not be fbnnd, erea under Augnstuo, willing to aocspt 
die office, so that he iras obliged npon several occadona to compel iboee who 
had held the Qoaeitorship and the Tribnoeahip of the Plebs to decide bj lot 
which of them should aaanme the Aedileship. Eventuall;, as stated above, he 
made over the whole snperinCendenoe of the public games to the Praetors, whom 
he assided, for a time, bj a grant ol public numej. * 

QUIXBIOKXB. 
(MslM mt A« •>«. — No sulject connected with Bomon antiquitiea ii 
biTolved in more donbt and oonfUuon than the origin and eu\j hitto^ of the 
Qnaestorghip ; (Quoeifura;) but wilhont entering into a tedious critical ezamino- 
don of the vaiiouB opinions which have been advanced and maintained, we may 
state at onoe that much of the embarrassment has arisen from the drcnmstance, 
that two seta of magistrates, both besring the name of Quaetlorea, bot whoa* 
functions were entirdy different, existed fiW a very early period, 

1, Quautora Aerarii or keepers of the tieasuiy, at&atiy magislntes, who 
took charge of the public money, leceiving and disbursing it under the orders of 
the Senate. 

2. Quoeitorei I^trrieulii, extraordinary mafiistnltes, appwnted in the primi- 
tin agee to preude at eriniinal trials, original^, aa the name imports, at trials 
* ' '1 nn 1 . - < .^ ^^ adminlatratioD <tf jDstuie 



which ia merely another Ibim of Quaatorea, i 
word for a criminal trial The Ikctmviri Perdaellictiu nominated by Tnllns 
Scetiliua (Liv. I. 26) to tiy Horatiua must be t^aided as affording the fiiat 
example of Qxaeitore) Parrkidii; and again, at a much later pniod, (B.C. 
384,) lovT (VI. 20) found in some of bis authoriliea that Iilanlius was tried and 
convicted by Duumviri appointed fbr the purpose of investigating the charee of 
tieaaon. It is quite true that in the earner boolis of livy mention ia made of 
Quatttora in connection with criminal trials, where ^psrently the ordinaiy 
QKoeitorsf are the persona indicated ; but in these inataneei they an ^okea 
of aa aoouMiB, not as Judges ; ' and that the ordinary Quuestores were the 

I Tutt. Ask n. aa m. m. bs it. I 

kMt 7 BstX. LXZXVI. Snat T)b^ M 
M. LV. A. IL I. VI «. LVIL «*. MX. in 
* LIT. n. ti. til* em puHi* in wHlati b* iMBtioiu CuMifc m IIL M. K. TL m H. Bs* 



iMgfttialea to whom tba prouention of criminals wm Eeeqnoitly iotnittod* 
especially in the absence of the Coomls, in proved by the saaertion of Tarro, that 
for this porpose, and for this only, tbej had the right of BiumnoDing the Comilia 
Ctaluriali^—Alia de caiaa hie magistTatiu non poleil txercitum urbaaUM 



la what IbtlowB, thoefbre, we shall confine oar attention eidosiTel; to thois 
Qaaestors who, for the sake of distinction, were called Qjtaatora AeTarii, 
teservin^ nil remarks tqnn the orimmal judges called Q»ae$ib>ret or QaaatortM, 
whom we believe to have been perieotlj diatiitot &on the oUiera, undl we treat 
of eriminal trials. ' 

Bnt eren after we have drawn this line of separation, we do not yet Bud oar 
aothorities agree aa to the period when the ordioaiy m^istiates called Qaaubirtt 
were first iotrodnced. According to Juniiu Gracchanos, aa quoted by Ulpian, 
thtfy wer« aa old as the tune of Bomniua and Remos, and Taoitos says that th^ 
anqiiestitmably eilsied nsder the Kings — quod Lex Curiata otlendil ab Lacio 
BjtUo Ttpetita. Liry, on the other hand, and Flotaroh state as poeittvely that 
the office was not inslitnted nntii after the cst^liahment of the oonunonw^th. ' 
That there mnst be offieera in evei7 regularly orgsnized state to take charge of the 
pnblio treasnry i^tpears so obvious that, even if the statements of Graocbanoa and 
Tacdlns had been less positive than they ore, we sbonld at once have pre&iied 
thdr anthority, and we may therefore condode that the offloe passed over from 
the n^ to the republican period without material change. 

NBHber af ft w —soe*. — The number of Quaeatorea waa originally two, 
and they discharged the datiea of their office within the city. But in B.C. 421 
the number was increased to four ; two remained in the dtf, and were styled 
Quatilora Urbani, while two aooompanied tlie Consuls with the anoies to the 
&Id, taking charge of the miiitary cheat and dispoaing of the plunder. * The 
nnndier waa ^ain increased to eight about the beginniiig of the first Punie war, 
when the irttole of Italy hod been snijugated ; bm we bair of no fiirther increase 
until tin tim« of Sulla, who raised the nnmba to tweo^, while by Julius Csaai 
it was augmented to forty.* We read in Joannea Lydus (Da magistr. I. 27) cf 
twelve Cban^ Qaaetlora chosen abont B.C. 267; but whether they woe so 
named from being a^pomted to the fieet, or how br we can at all trust the 
intbrmatiOD afforded by soah a writer, it is not easy to deteraune. 

M »J» mt BlBCltoB — Here again we find nothing but poaitiTe oontradictiooa. 
Tacitas aaaerta that the right of nominadon lay with the Kings, and after their 
expoUon, was exerdaed for aixty-three yean by the Consuls. GrMebaona, on 

theotiier hand, aaaurea ua that, even during t* ' ----' ■■- *- 

by the votes of the people. We can acaroaly dc 

Dionn. vin. 7T. 

CDUwIlh nom tbf Qmuderf f>«TMiSi lo Fuilni DIsooo 

---' 'iPompaiiluitearic. lar.DlHM. LU.9.{n. skstalli 

If Ifao^IC TiblH. TbtwordiofFHlnii.T. QwHtor 



m BOniMa' bb tMUnKnj afuj wil(bt in a nunnM 
*B*oHflD*U7orlnlB*l]adiM,M vbao, gnlhsMU 
eliarii M tli* patin« mana ma eeBsIiaa^ 
• DICM.L1IU. TMlt. Add. XTS Ut.IT.4 ] 



4 FtaS.PogLll 

•■MI>»ti*MIV.U,iwliflMi)Hnllinli<lMri»f«>ii 

■ bf TultiH, (ADa.XIlfc)wUab tfc *■ 

r. la DonfMMt aad iBwrobaMa. 

Ut. EpILXT. TasATla. Baal. Ca*K 4[. Dlsa CaH. XUIl «. 



196 QCAKSTftRU. 

«f the raptiblio at leasl, the eleotion wu in tlie buida i^ the Comitia — first at tlM 
Cbtiatia Cttriata, and mbsequentl^ of the Comilia TVibuta. ' 

F»K iThmi Order ChHoik — The QoaGgtora, like all the Other great oificen 
of itate, were aE fint taken from the Patriciini eidoiivelj ; bnt nhoi, in B.C. 
431, the Dumber was increased to foar, it yrM Mttled, after a sharp conle^ 
thai, for the rntnre, the magistracy should he open to Patricians and Plebcianr 
without distinction. For eleveo yean, however, the Patrioians contrived te 
neluda the Plebeians ; bat, in B.C. 409, a reaction took place, and the Plebdani 
■DOoeeded in securing three places oat of firar.' 

Bar af IndHciisn law aMca. — There can be no doubt that tbe Comitia 
Quaatoria took place after the Comitia Conivlaria, and we shoold nBtorally 
coDclnde that the Quaestors entered upon office on the same daj with the Con- 
suls, Praetors, and Aedilea ; hut it has been inferred, from a passage in one of 
the Terrine Orations, and the Scholium by which it is accompanied, that, in the 
age of Cicero, the Qnanlors entered npon office upon the 6th of December (iVonu 
Vecenibribta.) Perhaps, however, it would be unsafe to pronounce upou this 
confidently, in the afaaeiiM of more conclusive evidence.' 

DhUcb aC «!■• <|B«ai««.~The Quaestors, after their election, nsnally 
decided by lot where each should serve, althou^ occasionally the Senate asdgned 
a particular duty specially (extra Mortem) to a partimlar iodividnal, and snne- 
times a General was permitted to select his own Quaestor.* When the nmnho' 
ivas four, two, as we have seen, remained in the city, and one was uugned to 
eacti Consul ; at a later period, perh^» not until the number was incrused to 
twenty, one was always sent to Ostia, to take charge of the dues pidd upon 
exports and imports, and this seems tohavebeen what was termed the Promnda 
Aquaria, which was r^^arded as the most disagreeable and troublesome of all ; 
another was eCationed at Cales in Campania, another m Cisalpine Gaol, while 
tbe rest were distributed in the provinces in attendance upon the provincial 
govemora.* It is to be observed, that the Donnection between a {mmndal 
governor and bis Quaestor wu held to be a tie of the clotest description, and the 
same feelings of affection and confidence were supposed to exist between tbon 
aa between a father and his son ; so that any act of hostility on the part at 
Qaaestor towards one under whom he had served, wu regarded aa odious and 
tmnaturaL Cicero insists strongly opou this plea when pointing out Ibe nuGt- 
nees of Q. Caecilius to conduct the impeachment of Teres — Sic entm a maioribiu 
tuufrii aecepintta, Pratlorent Quaeslori juoparmfw loeo esse oporlert : nallam 

-•—■■•— ^la rte^ graviorem eataant neeestittidiitit pone reptriri, quan 

n sorfts^ quawt provinciae, quam officii, quam publicam muneru 
Qiuunoirem n iure postet eum oeeutart, lamen gunm is tibi 
parenlii mmerojmtmt, idjntfaeere mm poates.* 

The Qtuw^ort* Urhani took ijiarge of the Aerarittei. The prooaeds of all 

1 TIii1Um7*«*^°mb>iiUh CtmUm THMa In tb* v* a( CteBs imbs MTtals froai 
Viiy. IV. 4S. M 

* Ur. IV. 44. M. Cig. In Trrr. Act. I. la 

4GlB.idQ.F. LI. ■dAtl.VII. S.II1T. iB a.ai^ IbVbt. I. 11 laCUU. IV. 1. LIT. 

i eta prs Mnns. S. |irs SsM. IT. la Vitln. t. Dies Cut. LV. 4. TulL Abb. IV. II 
BHtCluiLU. plat.Sut.4. 

* CI& dlT. la Q. C. 19, wid ■nln In Cip. It. whn intlelHUDi tbi unMnu thU woaM 
k«<Bpl«ndwhiM CiMlllub/ 111* •aivMM of Viri^i— S5 7fM»«Mk i «wrt. iiiy wi^ 
. — . r^^.. ^^ Mtrtm tMMiMtt^nu ntitlii um r f ifcrfisi tim 



QUAESTOSEL 197 

taxM, whetber direct or indirect, neie paid into tbeii hand*, and all moiUM 
beioDging lo the Mat«, from whatever louroc deriTed, were roeeived b; than.' 
By them, also, all disburaementi on Moount of the pnblie ferrice, whether tbr 
public woriu, for the paj of troope, or Tor uj other object, were made. In thii 
they acted only miniatciiailj, since they cotdd make no payment whatsoever with> 
out iho direct and cxpreea aothority of the Senate, whcr beld the ntira control 
over the finanecs of the state.* 

The mililanr gtandard* also were depoaited in the AerarUita, and when an 
arinj marched forth from the city, they were Ukm out by the Qnaestoia and 
delivered to tlie general — S^na a Quoeilorifrtu tx aerario prontpla delataqve 
in Campum.' 

In hke manner, in the prorincea, all pecnniary tranaae^ona of everf deicrip- 
tion, comiected with the public money, were oonductad thiongh the Quaettors, 
who accounted to the Seriate directly, or through (he medium of the Quaalora 
Urbani, 

The Aerarium, m we hare already stated, (p. '2b,) waa in the temple of 
Saturn, on the Clivut CapUolinut, and immediately oonnected with it was the 
Tahularium, or Record-office, where state papeia of every description were 
deposited ; and these, towards the etose of the republic, were in the custody of 
the Qaaeston, having at an earlier period been k^ in tite temple of Ceres, nnder 
tlic care of the Acdilca.* Officials, both civil and militaiy, on reugning their 
charge, depoiited in the Aerarmra the docnnieDta connected with ihvh' offices, 
and took an oath as to their accuracy before the Qnaeiton.' 

Dlgaltr •( ihe <{->>«•>•».— The Qiuuxtonhip was the lowest of the grMt 
offices of state, and iraa regarded as tlie Gut step (prjmuj gradia honoru) 
in the upward progress towards the Coosnlahip. Such, at least, was the light in 
whicli it \'B3 viewed in kler times, but in the earUer ages we hear of iDdividaala 
who had held the office of Consul scrviag afterwards as Quaestors.' 

While iu office, the Qoaestois bad the right of takmgpart in the deliberations 
of the Senate, and had a claim to bo chosen permanent memben of that body, 
after those who hod lield higher offices had obtained seats.' 

They do not appear to have enjoyed any ontward marii of distinetion, nuthet 
the Sella Curalu nor tho Toga Praeltxta, and not bang inveated with any 
Bumniai7 jurisdiction, were not attended by either Lictora or Vtoiore*.' 

<t>ni«Monkip under ika Eaipini.— The number of Qnaettors was incnassd 
by Julius Cssar to forty. We have no specific statement with regard to any 
dimination in this number ; but it has been inferred froni the words of Tadtos, 
who notices the augmentation of SuUa only, that they must have been speedily 
reduced to twenty. ' A vital change took phice b the duties of the office soo> 
alter the dawcralloftbe commouwMlth ; for the charge of thepnbiio exaheqnec 
(Atrariiim) was conunilted by Augustas, in the Bist instance, to oommisainnfin 
selected irom peraons who had held the office of Praetor the previous year, and 

I III. IV. IS. V. jB. XXVI. 4T. XXXIII. *i. xxxvnL ca xlil e. diodtk v. m, vil 

■1 VIII. SI X. 16. 
t LI' XXIV. IB. XLIV. It. XLV. 44. Clo. Fblllpp. IX. T. XIV. II ViL Uu. V. I. I. 

Riijh VI la 

t Pnljb. lit as. Lit. XXXIX. 4, Tldl. Ann. Itl.SI. fllKL OsUT. M. 
' ' '- -""- TT. V«L Mm. II Ylll !. ApnUa, B.& L II. 
Dlonif. X a. 
inn. 1. ■]. Pint. Cit mil), la Ut. XXIIL 13. Vsl. HsB. Q. H I. 



■ Lli HI. u Dlan*f.X t 
I Anct >d Rmnn. f. - - 

lDranru1.XI.llL4; 



. ,„z<,i:,G00gk- 



198 QDiEintiKEa — ceitbokes. 

nbMqncDtljr to two of tbe snniial Fraetora. This amngement iru overthrows 
hr ClBiidim, who agftin made over the Aerariicm to tiro Qaaeston, with thk 
iteration, that thete individnali were to ivlain oSipe for three vean instead of 
one. Bj Nero Pnutorii wen agaio employed ; PraeUnti by Fcspuian, and 
BO forther change took place nntil the rei^ of Trajan. When the commiidoaert 
cmplojed were Praetors, they were termed Praelora Aerarii, when chosen from 
Praetorii they were called Praefecti Aerarii. From the time of Trajan we hear 
otPrae/enH Aerarii only, but we are not told from what clau they were taken.' 
Another change commenced nnder tbe Triumvirs, by whom two Qnaealon 
WBC anigned to each Consnl. Hence, bo long aa two of the Qaaestors conlinoed 
to preside over the treaenry, six QaacBtors remained each year in the dly ; and 
tbe titlee Quaestora Urbani and Quaalora Cmaulii are lued as synonjmont. 
The Quaatores Cmtaala, aa well aa the other Quaeatoffl, remained in office for 
a whole year, and consec^ntly aerved nndcr a BaeceMion of Consols. The 
govemois of those provinces wluch were under the adminiatration of the Soiate 
were, as in ancient tinia, each attended by a Quaestor. - Bat in addi^on to the 
ordinary Quaestora CaraaUi and ^e Qaaeslorea Prtminciarmn, a Quaestor 
was always assigned apedally to the Emperor, and styled Qfiaestar Prineipis or 
Quecilor Candidatai PrincipU or simply CantUdalia Principis. This indi- 
Tidnal waa nominated by the Emperor, and it waa his duty to communicate to the 
Senate the imperial Bescripta, whidi were, for the most part, drawn up by bimsdf. 
It ia nlmost nnnecenary to observe tti'nilic waa regarded n -much superior in 
dignity and influence to Mis colleagues, occupying, in many respects, the posidon 
of a principal Secretary of State, but holding office for one year only, miea the 
Emperor was Consul he had two Qoaeitors in virtue of hia office, who were called 
Qaaestora Cae^arii ; but weknow notwhetherintliiscascthere wasa Quaator 
PrinrtJilfTll aWlHon. ' By an ordinance of Alexander Sevenis the Quaalorai 
Priitdpia, ncre immediately promoted to the Praetorship, and npon them waa 
imposed the cihilrition of certain pnblic games, hoice termed Quaestorii Ludi — 
Quaatores Candidalot ex sua peomia iiasit munera popnU dart, ltd ut post 
Quaaluran Praeltirai aeciperent el inde Provincial regeraa (Lamprid. 
Alei. Scv. 43.) 



WrfB*n af ifcc ■■e t . — Aa Boon as tbe oonstitution of Scr\-ius Tulliua WM 
eatabliihed, it became necessary that the irhole body of tbe Roman citizena should 
be registered at regolar periods, and tliat tbe age of the individual memben of 
the state, together with the value of their property, should be correctly aacer- 
tained, in order that the amotmt of tax (Irijmnim) for which each vras liable, 
might be ileiermined, and that each might be assigned to bia proper Class artd 
Century, so as to secure order and accnracr in ihe arran^mcnls of ibe Comitia 
Centtiriala. The bosinesa connected with this Regiatmtion, and the tolemii 
rites by whioh it waa accompanied, were originally performed by the Kings, nnd 
after ^c revdution by the Conante, until the increase of pnblio bnunesa, and a 
desire upon the part of the Fatriciana to prevent duties, which they regarded aa 
pecuJiaHy sacred, from being diacharged by Plebeians, led to the inatitntion of a 
new magialraey termed Cenmira, the magiatratea who held the office bcuig 
called CENSOSEa, i.e. Regittntn. TIub took place in B.C. 443, the law for 

ITKlLA«LLIS.Xin.M.».HIM.IV.B. SneL Ocu>. M. Cliad. M Flla. PtD^ir. M. 
Bpp. X. XL Dion Cm Ltll. ). n. LX, 4 10 14. 

S Dion Can. XLVIIL 43. Plln E|v VIII. U. 

>UlDUn.DltMt l.iia PIliL Epp. VIL IG. Tsdt. Ann.XVLn, BmLTlLC. 

'.OOglf 



the deetion of TWbuni MUtums conwlori poUOaU hnnig btcn pMnd !■ 
B.C. 445.1 

NNBbw. M««s m€ Blenll— . ^aalUeulaB, Ac— Tbe CaWai wen 

■hrayi two in Dambw, aod were originail}' oboeen from the PBtrician* esohi- 
ii«dj. Id B.C. 351, ire find Cbr the fint time a PiebeJan Cenaor, C. Hirani 
Batflna. In B.C. 339, a £ei Aiiiiffa wm paseed bj Q. FuUiiiiu Philo whan 
DicUloT, enaoting that at leut one of the Ceitaon mtut be a Plebeian. In EG. 
2S0, the aolemn sacrifice of the Xiwrrum, with ^rhich each fiegittratioD wag eloHd, 
wai pofbrmed lor the Ent time bj a Plebeian Censor, (^. Domitiiu, and in 
B.C. 131, w8 have the first example of two Plebeian CeMon.' 

Hie CmBOra were choaen by the Comitia CentnriaCa. The aMembly for tbtir 
election (Conurvi Cauoria — Cimicia Ceiaonbua ereanda,) was bdd bj tbc 
Conmls Boon after they entered apoo office, and the Censora ainwar to have oom- 
menoed thdi: dntiea inunedialcij after their eleation, and, therelbre, npon no fixed 
day.* 

Aa a general mle, no one aeema to have been oonaidered eligible who had not 
prenooaly held the office of Consul ; but wa hare no reason to auppoee that than 
was any law enforeing aoeh a restriction, although nhen an exception ooema, it 
ia mentioned as something extraordinoiy.* 

rocaUuiilH canNeeiMI wMh ihc ■Wee. — The CeoMnbip was cbaraoter- . 
izsd by aereral peonliaiitiea which diatingoiabed it irom all the other great offioea 
ofatate. 

1. While all the other maj^atratea of the repoblio remained in office for one 
Tear imly, (anrnit,) the Cenaora ociginallj retained tbdr office for fire, that 
Mng the Bt^ed period (fitftrum) which elapaed between each Begiatration, Bat 
in B.C. 434, nine yeara after the ioatitntion of the Cenaonihip, a feeling barbie 
ariaai that &«edom might be endangered if the same individoak were entfen^ 
to exercise power fbr ancb a lengtb^ied period, the La Aemilia waa passed by 
Mam. Aeniilioe, at that time Dictator, enacting that the Censon should bold 
office (or one year and-a-bolf only; (n« pliu quam annua lematris Cetaura 
eatef;) and, accordingly, from that time forwald, all Censo^^ with one eicep- 
tioD, resigned at the close of the above-named period. It would seem, however, 
that they could not be fiirdbly ^ected, for Appioa Cloadiua Caecns, (B.C. 312,) 
on the pretext that the Lex Aemilia applied to those Censors only during whose 
magiatiBcy it had been passed, persisted in retiuning office after the ei^teeu 
months bad expired, although bis colleague bad retired, and although all classea 
imited in reprobating his condoct — Samma invidia omnitan ordmttm toUu Cen- 

S. In B.C. 393, it happoied, for the fint time, that one of the Coiaors, C. 
Inlioa, died while in office, and his place, according to the system foDowed with 
regard to the Consulship, waa filled up by the Mpointment of P. Cometlna Maln- 
ginenais. Three yean afWwards, (B.C. 390,) before the period for the decdon 
of new CoiBors had arrived, Rome was captured by the Gauls. Henee a snpa- 
■titiow feeling aroae, and it became an established rule that, if a C«iaor died 
wbUe in office, Ha plaoe was not to be filled up, but that Ua colleague mut 
naign, and two new Censors be elected. It happened upon one oocanoo Ihattbil 
•eorad aet of Cenaoie were fonnd to be diaqnaUfied, wbidi waa nipidtd aa an 



1 ut. ni a. IV. a n 

:s5 ?>,■?& „ 

« Ut. XXVII. s II. eomp. Fnt CwHdIIil li 



nia.iv. an. movt. vi. »8. 

a* tan. lu. s. Ut. vo. n. X. a, vnL it. Epit. xhl ebm. UX. 

xxtv. 10 xxvtL 11. XXXIV. ti. XXXIX. ai. xll n. xim m 



"■OOglf 



200 

lildica^n that the Godi doaired tbe office to b« sospeodod rot tbit Luitrum, uut 
no tliitd dectiou took pUce. ' 

S. CHutioiSiLtSai having been elected Cen«orfbr a KCondtimemB.C. 205, 
tn hoDonr, apparently, never befuit' confeired upon any individual, fae publicly 
declared hu duapprobation of the procednre, and paraed s law by which it naa 
fbitudden that any one shoidd hold the office tiriec. From this tnuuaction, lb« 
epithet of Censoriaaa was bonie, a> a lecond oognomen, by one of the brsnohcs 
of the Gem Marcia. ' 

4. It wa« necessary that both Censors should be elected on the same day. If out 
only of the candidatea obtained the neoeuary nomber of votes he was not 
returned, bat the proceedings were rmewed apon a sobseqaent day — Qmiilm 
Centoria, nui duo confscerint Ugilima snffragia, non raiuntialo aliero, 
comifKi differantm-.' See above, p. 142. 

ZiullBiB crilie CcBHn. — The Cduon had the Sella CunJU, and w« 
nther &om Polybius that tlieir state dress wns no t the Tona P raetexla but a 
Toga Purparla, tiiat is, a dosk not merely bordered or fnngedwinrpuqile, but 
an pniple. They hod no lictors. < 

■MgnliT ■riba C«ii*«n. — The nature and extreme importance of the duties 
peribnned by the Censora, as described below, taken in connection with the 
dnnnetance that the ofEce was almost lavaiiably filled by Consulors, placed 
these ma^strates in a pre-eminent position. Although far inferior in actual pooet 
to a Dictator, to a Consul, or even to a Praetor, the Censor ivas invested witli a 
certain sacred character which always inspired the deqKst respect and revertmoe. 
To be chosen to Sit this post waa regarded as the crowning honour of a long 
life of political distinction — Kofu^q tJ irV iat) ri/tic ivitvt v d^xi ■«>' 

Dailei »t Ike CeaHnu^ — The duties of the Censors, nhidi at first were easy 
and simple, became, in process of time, highly complicated and multifarious ; but 
they were all dosely couiiected witli each other, belog, in fact, merely develop- 
ments and extensions of their original fanctions. They may be conveniently 
classed under three heads ; — ' 

1, The Eegistration (Camu.) 

3. The sopeiintendcnce of public morals (Reganen momm.') 

3. Arraugements for the collection of the public Bevenne aiid the exeoationof 
public works. 

Tbese we shall conudtt separately. 

I. The Centos or Eegittration. — The fimdamental and, originally, the sola 
duty of the Censors was to draw up a complete catalogue oF the citizens of BMne, 
sta^ng In debul the age of each, the amount of his property, includmg slaves, 
and the number of his children — Centoret popuii atvilalti soholes familia* 
pecuniasque censento. This registration was technically termed Centvt,' and 
the Censon, in performing the duty, were said centum eensere s. agera a. 
habere a. faeere. When they made an entry in their books (^Tabulae Cenioriae} 

I Ut, v. 31. VI «I. IX. St. XXIV. U XIVII, fi aamp, Pint Q. H. M. Flirt. CipHoUK 

» V»L M«. rV. I 3. Plnl. Cor. 1. 

• Ut. XL, V}. Polib. VI. M. tnit (Hmp. Atbnueu XIV. I3l Zour. VtL lOL 

»Llif. IV. S. Cl'n ih l«gt lit 3. Zdmt'ViL 19. niplm.'rilgcli.I.IT.lV 
I Hsn« Uw word C™raf frmn™tl J •Ijcniaai/grnuH or Dnnwrbr. h la Ih* phrutlln ■»«• 
DrAHl ■•»»«(. Alt Cutni fc-nrw-CMKi aMicilia,; iQvalu, fOlt Cnni tral (Am, 
HtmfUniai Ctnro i Caiipi StnatariuMt l-fl. tha niDiiaj qiullAcftUon for aSfliutvr; Caiivn 



vote the proper head, they were uld Centered e. Ctneri* », Ctntumaea- 
pere. * The different olgecta to be Uken into aoommt in estinuting ■ mim'e 
fbrtone, w«e defined by a l&w entitled Lex cenmi cautndo ; and hence Unda 
which betoQged in fall (HVpertjr to Roman citizens, and which it wis neceiurj 
to enter in the Ceiuon* books, were termed b; lawyen AgH cenmi certtrndo. * 
When the dlizeos aseembled for the purpose of being regiitered thej were uid 
to meet tit cemermltir b. ceruendi eaiua. ' The KhediUe filled np in reTerenco 
to each iadividosl wis the Fortaula cennndi, and tliis was regnlated accordine 
to thediecretion (Centio) of the Censor. ' A person when regnlarir reguuroa 
WM sud cetaeri,f and called cemta, wiiilo a person not registered was styled 
sneenius, and heavy penalties were inflicted upon those who wilfully evaded 
reNlnition (Nep. 113,nnder Deminulio Capitis maxima.) Ko one had a right 
b>M teg^stend (tut eeiuendi) except he was his oim master, (mi inru,) and 
tbu wni, while imder the control of their father, (in pairia potalale,) were not 
ra;iHered independently, bat were incinded in tlie sama entry with the person to 
whose authority they were subject (euitu in poUslate /uere.)* Cnmairied 
womeo (viduae) not onder the control of parents, tugether with Mphani, (prhi 
orbaeque — pujnUi,') were ranked Cogger and arraitged in a compartment by 
themselves, their rights being gaarded by Tnioru. 

When tlie E^istration was completed the CcnEOn proceeded to revise the lieti 
of the Tribes, Classes and Centuries, and to make such alterations as the choage 
of drcumstances, since the former Registration, demanded. They next drew up 
a catalogue of the Eouiles who were entitled lo serve tquo publico, (see p. 99,) 
and filial/ proceeded to make up the roll of Senators, (Album Senalorium,) 
■applying the vae&noiea nhicit had been oocasioned by death or other causes. In 
paftrming this task^hej were said 2<i;ere Senatum, and the principles by whicli 
they were guided wilt be explmned ia the cliaptcr where we tioat of the Senate 
itielC 

Place wtd Manner of Regitlration, * — The Census was taken in the Campus 
Uaitius, m a spot consecrated by the Anjfura, (Templum Ctntu-rae,) much of 
the bosiness being transacted in the Vii5i Puiilica (see above, p. Gl.) The 
night before the day fixed (or taking the Census, the Auspices having been 
djoerved and pronounced favourable, a public erier (praeco) was ordered to 
nirnmon all Hm dtisens (omna Qairites) to appear before the Censors, and he 
made proclamation to that eEfect, first apon the spot, (in Umplo,) and then Irtim 
the dty walls (i/e moerii.) At daybreak the Censors and their clerks (icrSxity 

Did TOD Buk> snlrj ft Cie. pro 




•■.So. do. Ids 
T. XLUL It. Pul.inw (T. Sklcmw. p SS. 



wen anointed with periumed inl (murrka taitjutntaque unpumtur.) I^mb 
the oirivBl of the Practon, the Trilnmei of the Flebe, tai otben inrited to wt 
as mtemon, (in consUiuvi vacati,} the CenBon cast lots nhich of them ahoold 
offer the great pnrifioBtary saoriGoe, with which the whole proceedings closed 
(Ceiuorw inter le sortiunfur uter Ltatrum facial.) The meeting was then 
constitnted bj the Ceiuor on whom the lot had fallen, and he most have been 
looked upon as the preudenb These praliniiDariea eoncluded, the Tribes wa« 
called in snccession, the otda in whidi thej were to be sonunoned having 
been probably derailed by lot. Each Paterfamiliat, who was ftn iuris, wu 
called np individnaUj, and reqnirsd to declare his name, the name of his father, 
or, if a freedman, of his patron, hie age, and the plane of his abode. He was 
then asked whether he was manied or ein^e, and iif manied, the nnmber of hia 
children and their aces (Equitum peditiarupit proUm Ceiuora dacribwnto.') 
Finally he wai obliged to state what prapeitj ]m pcsseaaed, and an esdmate wag 
formed of its total amount, tho Censor being assisted in this matter by sworn 
valuators, who seem to hare been called luratores.^ The whole of th«s« 
partioulan were taken down by the SfTibae and enterad in the rt^stcn, 
(Tabulae Cenmriae,') which were deposited in tlie Alrium Libertati*.* 
It ia evident that, as the papulation increased, the operations described 
above must have become very t«diouA, aud hare oocnpied a long space 
•rftime. 

II. Morum BegimEn.^'iat the Censors wete reqtuied to perform, not only 
the mere mechanical duties of the Censia, hnt, in process of time, were fully 
recognised as the inspectors of public morals (mora poptiU regunCo) and the 
organs of pablic opinion. In this capacity tliey were empowerad to brand irith 
disgrace (i^omiRta) those who had been guilty itf aeti which, although not 
forbidden by any penal statute, were pronounced by the voice of society to be 
disgraceful ui a Komsu, or of such as were calculated to prove injurious tc the 
wellbeing of the state and the interests of the community at large. Henoe, not 
only gross breaches of morality in public and private life, cowardice, sordid 
occupations, or notoious irregularitieB, fell under their comtative discipline, but 
they were in the habit of denouncing those who indulged in extravagant or 
hxnriouB habits, or who, by the caieless cultivatioa of tbair estates, or by wiUnlly 
persisdng in celibacy, omitted to discharge ohl^^atiooa hdd to be bindiqg on 
every dliien. It was the exercise of this disaMuauuy power which invMted 
the Censor with so mnch digni^ ; for the people, when Aur alMlsd aav indi- 
vidual to fill this office, by so doing, pronounced him quaiified to ut in Jadgment 
on the character and oonduirt of the whole body of his fellow citizens. 

An expression of disapprobation on the part of a Censor was termed Notia S. 
Kotatio B. Aniraadneriio Cenforia, and the disgrace inflicted by it Nola 
Cenaoria; for when attached to the name in the raster, it was r^aried as » 
brand of dishonour stamped upon the fame of the culprit — Qui prttio adduetut 
eripuerit patriam, fortutuu, Uberoi civi innoctnti, it Cemsoriae BETXRlraTia 
MOTA. KOM IKUKETI7B ? ' Xo previous judicial iurestigatioa nor examination of 
witnesses was held neoessaiy ; hot in affixing the mark they assigned the reason, 
(&ibKraitio Caisoria,') and occasionally, when any doubt ezisled in their 
■ninds, Ouj allowed those whose eharaeter was impeached an oppottoni^ of 

I PUot Pcwn. Frol. ». Trtn. IV. 11. So. I4t. XXXIX. U. 5 



^oiizodbyGoogle 



203 

dflfmdiiiK thdiiiadTGB. The aaiy effect of Ac Animadvertio Cemoria, in itself, 
«M to affix A (tigma (ignommia) on tlie indiTidnal— ^enbosib iudkium nUfere 
danmato niri ri^mrem afftrt. Ilaqut tit omnu ea iudicatio veriatur (ontum- 
modo in Tumine, animadveriii} ilia iorohihu dicta ett ; ' bat, in addition to 
the mere diagrace thus inflicted, tbe Ceneon conid, to a oertain extent, depnTs 
the olject of their dlapleamre of anbrtantial hononre and politica] pririlegea. B 
he woe a Senalorthejconld omit his name (rom the i4ffiuni iSenatoT-ivm, whenee 
mch penons were tenned PraeUrili Satatoru, and thus expel him the body; 
(inoiwre tenalorem ienatu;) if he wen an Eguei tquo publico, ihej might 
aqtrive htm of hie hone ; (eouiun eatiiti adiitiere ,-) and anj Drdinary cdliien 
might be tranaferred fnim a TrSm* Rmtica to one of the JVibui Urbanoe, or 
hia name might be left out oF the list of registered voters altogether and placed 
among the j4fraru (see above, p. 11^.) It nrnst tie remarked, however, that 
Deitho' the diehononr nor the degradation were neceaaaiilf permanent. The 
Cenaon next elected oonld reverse the sentence of their predecesson, and rdnstate 
those whom thcj had di^nced (nolavcranl) iu all their foTmer dignities, so 
that we And examples of persons, who had been marked by Censors, rising 
■iWwards to tbe hi^est offices of the slate and even beooming Censors them- 
selves. * It is to tie observed farther, that the Nola of one Censor had no force 
miltM bis colleagne concurred, and accordingly persons were sometimes removed 
&om the Senate bj one Censor and then replaced bj tbe other ; and upon one 
occasion Bome witnessed tlie anseemly spectacle of two Censors who mutually 
marked and degraded each other* But when tlie duties of the offi(« were 
discbsTged hsj^nonioustj (concori Centura) there was no appeal from their 
decision to any other court. On one occasion, indeed, when Appius Claudius 
(Censor B.C. SIS) had displayed notorious partiality in choosing the Senate, the 
Consols of the following year refused to recognise the new list, and summoned 
the Senate according to the previous roll — ComiiUa . . . quali apvdpopvlum 
defbrmatmn ordinem prava leclione Senatta, qua potiorta aliquot kclis praC' 
teriti atent : 7itg<a;erunl, earn kclioneta «, quae Hne recti pravique discrimine 
ad gratiam ac I3iidinem facta esatl, observaUiToa: et Seaatum exlemplo cita- 
verunl to ordine, qai tmfe Ceniora Appium Claudium el C. Plautium fuerat. 

Notwithstanding the assertion of Zonaras, (Til. 19,) it seems certain Uint the 
Censofi bad not the right of proposing laws in tlie Comitia Centuriata. No 
doubt we find mention made of Legea Censoriae, but althongli this expresNon 
has a twofold meaning, in no case does it denote laws in the ordioaiy sense. 

1. Lega Cenaoriae were the ordinances and rules Itdd down by sacoessive 
CenaoTS with regard to the fbrms to be observed m performing their duties, and 
tbeM at letigth formedasort of code, whidi Censors were held bound tompect.' 

S. lieges Censoriae is a phrase tueii also to denote the conditions and stipn- 
lationa eontained in the contracts entered into by the Censors on behalf of the 
pablie.* 

m. Arrangementt for the Collection of the Revenue. — One of tl 



> liT. XXIY. IR. 

1 Cle, 4a ■ K. Nob. HbhII lv. ttimmmm p. 19. «d. Owl, 

*Ut. IV. 31. CIb, pro ClHDt. a ?Hiid Ainm. Id Cla. OlT. Id 



« Cla. fn CIhm. 11. Uv XU tl. XUL 10. XLV. is. ecat- XXIX. >r. 

s Flu. a.M. vin. ii. ii. XXXVI. i. 

• Otb In Van. L ». di N. D UL IB. 



JOglf 



2M 

propertj. ThtsTa]uebeuigfi3edb7theCenaan,tli«U^of makiogaiTtuigeiiunu 
Sir tbe collection of tbft t&i oatimllj devolred apon them ; and a* the iocome at 
tbe lUte gradaall)' inireaKd, although bj Tar the largest portion t<£ it was derirsd 
from Muroea in Do waj couneetcd with their jurisdiotion, thejr were atill inlnated 
with the oxtcnded charge. ITc shall reserve all details opou thi« snbject for the 
cbapler in wbioh nre treat of the Boman B«veuae ; bat we maj here ttUe 
generally, that few of Iha imposta were collected direct);, but were formed out 
npOB leaM to eontraotois, who paid a fixed aom anauallj. Tbe bosinesi of the 
Censora waa Ip fiame these leases or contracts, whidi irere for a period of fiva 
years, and to let tbem ont to the highest bidder. It must be understood, however, 
that the Ccnaon had no concern whatBoerer with the actual pajments into ttkB 
tteanuy, which were made b; the cootractors to tbe Qoaeatora, nor with tha 
expenditure of tbe public mone;, which was regulated hj the Senate, and, 
thenfora, xa no sense ooold the; be said to admioister the finances of the state. 

IV. Superijitaidmce ofPiAlie Warla.—'VDxea tbe Senate had resolvad t» 
execute any public worlu, such ai highways, bridges, aqucducU, harbours, 
conrt-hooses, temples, and the like, the Censors were employed to make the 
necessaij contracts and superintend the progress of the undertakings, and hence 
the most important of these were frequently distinguished by the name of the 
Censor to whom Che task had been asHgned. Thus we have tbe Via Appia, the 
Via Flamnia, the Aqua Appia, the BiisUica AemiUa, and a multitraia of 
4ther examples. 

Not only did the Censors take measures for the execution of new works, bat 
they also made the neceaaaiy amngements for keefong those already In exislenoa 
in good repair, and in doing this they were said, in so for as buildings wen 
couccrned, sarla tecla exigere, i.e. to insist upon their bung wind and water- 
^ght. 

Finally, they provided various objects required for the state religion, such at 
the victims ofTered up at publio sacriGces, horses for the games of tbe Circus, 
food for the C^iColine geese, and red paint far the statue of Gapiloline Jove. 

Every tbing was done by contract ; and wo may take tlus opportnnity of 
explaining the technical tenna employed with reference to such transactions. 

The person for whom any work was (o be performed by Dontract was said 
LoCABE opus Jadaidum; the person who undertook to perform the work for a 
stipulated payment was said ConDUCBBE a. Rcddiere opia /adatdum, and 
was called Redevtor. If, aRer the woric was finished and mspecCed, the person 
for wbom it had been executed was satisfied, he was s^d o^ui pralare, and 
formally took it off the contractor's tiands — in acceptum retuUl; but, on the 

' IT band, if the woris had not been executed in terms of the se 



tugavit opia in acceptum Ttferre potse- 

The sums expended upon the objects indicated above were comprehended under 
the general term Ullrolribala, and hence the Censors, in letting contracts for 
the performance of such works, or fomishbg such supplies, were Bud Locare 
f/Urolributa, 

liHatmm. Caadcn ijKMiwm — After the Censors had concluded the variant 
duties committed to their charge, tbey proceeded in tbe last place to offer up, on 
behalf of (he whole Roman people, the great expiatory sacrifice called Lialrvm, 
and this being offered up once only in the space of five years, the term Lastmm 
is frequently employed (otlenMc that space of time, the Censor to whose lot 
it fell to perform this rite was said Lvstnrm faeere s. Concert Luttrum. On 
the day fixed, (he whole body of the people irere summoned to asMOible tn du 



Caopu Hmtiiu in martUl order, (extrdtai,') rtnkcd according to thdr Clasaei 
•nd CenniriM, Itane and (to. The vie^nia, coiuulinjf of a ww, a sheep, an<l 
a bnll, wheooe tbe ucrifice was tenned Suovelaurilia, before bdng led to the 
altar, were carried thrice rcnmd tbe mn]t[tndci who nete then held to be purilied 
and absolved from no, and while the iiomoliition look place the Censor redted 
a aet finrn of [aayer for the [iiesu nation and aggrandizement of theKoman state. 
Itownltall wad Cli«4ii«l EKiliicilaB ■rihe Cnnanklr.^The Censoithip 
waa inititDted, ai wb hare acen above, in B.C. 443, and contlaned in force, wi^ 
a few occauonal intermptiotu, for about fonr bnnilred rears. It was Girt 
diraotl; attacked b; the Lex Chdia, B.C. 58, which orduned that no one 
ihoold be expelled from tbe Senate onleaB he had been formall}' impeached, fbuod 
giultf, and th« aentenoe confirmed bj botb CenMii. Thia law was, indeed, 
repealed di Tean afterwarda, but tlie drcnmstancea of the timea were auch aa to 
mider the office powerlcaa, and daring Uie civil wars it was altogether dropped. 
An attempt to revive it waa made bj Angnatna, who having held the office in 
B.C. 28 along with Agrippa, caoaed L. Mnoatitw Plancus and PanDua Aemilioa 
U^na to be nominated Coiaon in B.C. 22, bnt with them tbe office maj be 
reguded as having ex{Mred. 

Tbe£aqierora, under tbe title of Praefteti Monan, undertook the regulation 
of public morala and the aelection of Scnatoia, while the other dnttea of the 
BMgistntef were assigned to variotia lunctionaries. Claudius, in A.D, 48, took the 
litb of C^iaor, aaauniing aa hia mUeagne L. Titelliua, the lather of tbe Emperor 
'niellina, and the aame oonrse was followed b^ Vespaaian, who, in A.D. 74, 
•senmed hia ton Titna aa bia colleagne, while Domitian rtjrled hiinBelf Cetitor 
I^rpetuiit. We find Censor among the titles of Nerva, bat it does not ^ipear 
agam until the reign of Decina, when Valerian waa named Censor witiiout a 



P&AZFEfTItrs tJBBI.' 

Vt have alreadjr had oocaaiou to menUon (p. 166) that when the king was 
eMUpeUed to qnit the d^be committed hia power to a. depntf s^led/Vae/i!Gftu 
UrA, or, orinnall;, pei^aps, Cutlot Urbis, whose office was probably penna- 
neat, althon^no dutieawereattached to it except in the absence of the monarch. 
Dniing the eariier ages of the republic, when both Conaula were required for 
miljtarf aervioe, a Prae/ecbu Urbi waa named by tbe Senate to act daring iheii 
ibaenoe. He waa, it wonid aeem, invariably a penon who had held the office of 
Consul, (eoMularit,') and be enjojed daring the period of his office the aame 
powers Slid privilegM within the waDs aa the Gonaula themaelvca. During the 
twav of the ZVthmi Militaret, C, P., that individual of the body who remained 
in the citjaeems to have been designated uPrae/eetut Urbi. After the eetab- 
Gslunait of the ftaetonhip the dntiea whidi, in the absenoe of the Craiaula, would 
have devolved on a PraeftctuM Urin were disoharged by the Praetor E^rboniu, 
and the office fell, fbr all practical purposes, into diiuae, imtU revived in a 
permanent form under the Empire.* But ^tbongh tbe magistracy ftll into 
disnee fbr all [saclioal pnipoaea, it waa nominally retained during the whole 
of the repoblic, fbr a Pra^eetv* Urbi waa ninnmated annually to hold office 
during the eelebntion of die Feriae Latinae. This fbetival wu aolemnizcd 
on the Mom Albama, and from the period of ita inatitution was attended by 
an the Uglwr magistiates and the whole body of the Senate. Hence, in tbe 

) TtaafMmi PnMMw Uiaia ud A 

1 LW. L M>. St. Hi a, a a H. n. iv. 
u vin. «4 X. a. M. Tmh. au. r 



208 QEKEKAL -»"*'"■? OK THE mOBEK lUOlSTRATES. 

WttUer aget, the ^ipointmtot of t, Praefeclia Urbi, who mi^I take mtMatutk 
for protecting the city &om an; mddeti attack on the pan of the nnnieroiu 
oiemiw bj which it was ■ontnuided, was abtolutelj necewarj ; bat after all 
danger from nithont had paucd away, Che pnctioe was retained in conaeqamoe 
of iti connection with reli^os obsarinMi ; and nnder tb« Empire, when the 
" wftciui " ' " ' " '■■ '" n - . 

OBNB&AL HB lfAPgg OK THE HIQHEB lUOIBTRATZfi. 

We shall now proceed to GonNdtr nme maUen connected with all, or with At 
greater uamber irf, thehiriwr mag^itnteerftlieii^nblia, but to whioh we could 
not adrert fiillj nntil we had diaraMed each ofloe aqMiaMlj. 

■■iM mn— «-^ ifc« BiMghwwi f ifc« ■«j»ni«. — TlMeaMndaldiBtiiM- 
tion between the regal and the repnblican gorenunenta, aa they exiitod anxng 
, tiie Bomanj^ was, that nnder the fonner tbe whtde exeeolive poww, dvil, m&i- 
taty, and retigioua, waa vested and concentrated in the penon of one kdividiMl, 
who held office for life and was irreaponeible, while onder the latter, tbe pvfbna- 
ance of the most important public dntica was committed, in the fint inttanoa, to 
two, and gradoally to a much larger number of persons, included under the 
gaieial deugnation Magiatraius, who, with the mngle and not important exo^ 
tion of the Cenaora, retained thdr anthority for on* year only, (anma taagu- 
tratui,) received their appointments direotly from. the people, (per aaffragia 
populi,) and were reeponnble to them for the manner in which they executed 
the tasks intrusted to them, ^oij^ VL 15.) The term MagUtratta, let it 
be obeerred, denotes alike an office and an offloal, a magulraey or a magiUraU. 

The Kings disposed of a certain amount of revenue fiom lands belonging to die 
state ; the Magistintea of the republio received no salary for their servieea, but 
the different ^pointments being regarded as marks of oonfidenoe bestowed by 
the sovereign people were always eageiir sought after, and hdd to be tbe most 
honourable of all distinctions. Hence utmortm gtrere and Magiitrabnn gerere 
are convertible terms, and all the offices of state were oompiebended in the 
single wDid Honorea. It is tnie that, towards the close of the rvpnblic, the 
government of the Provinces, which fell to those who had held the duef magia- 
tndea, waa omducted in such a manner as, in many eaaea, to procort vaat weallli 
for the govemora, bat the means resorted to in order to gain this end were, for 
the moat part, altogether illegal, and forbidden by a series of the moat stringent 
(naotmenta. This abase, which ailords one of Uie moat glaring pwA of the 
d^eiieracy of moral feeling among men in exalted station during the decline of 
the Dommonwealth, was in many cases produced by the pecuniary emharraw- 
menls of provincial goveinon, who were templed to.ieimbarsa themaelves fi» 
the enormous sonii which th^ had eipoided, when Aedilea, on publie shows and 
games, (see above, p. 193.) and in dliiMt brilMly previoos to theii dectiooa. 

KleeUan at Mm^ mi M—. — All the ordinary magietralea, without aiowttion, 
were elected by the votes of tbe people in their Comitia. Ilia ContaU*, Prat' 
tora and Ceniores were elected b the ContUia Ctnturiala, aa were alao tba 



"yn*-" "»"'■»■ OV SHE BIOBBB MAimTUXXS. 207 

i)MMu>iri I^ihu KnioHfii and tbe Tribtati nnltaun cmuiUari potettatt, al 
otlnn, daring tba Utt two centuries at least, bj the Comtia Tributa. 

^■_ii««mit>a •• M Mtetk. — ^We have already staled that no one oonld ba 
chocen Tribune of the Fleba or Plebeian Aedile exeept he iris aotnatly a membei 
of a Plebeian family, either by birth or by adoption. We have slao pointed ont 
that all the other great offioea wen originally filled by Patriciana ezclniirelr, bat 
that the Plebeians mcceeded gndnally in breaking down evoy banier mitu they 
were admitted to a fiill partidpatioa in all poUtiial prirUegeii with this poativa 
advantage, that while only cue place in the conanbhip tBd the oeusorehip ooold 
be SUed by a Patrician, both might be filled by Flebtiaau. AAer Ihii Hate tt 
matlen was established, any Roman dtiain was eligible to any pablio offloe, 
provided he was free-bom {ingentaa) and the son of frw-bora paraila, so that 
LibtTiini and the sons of Liherdni were exclnded ; bat this seema to have been 
the result of popular feeling rather than of any legidatiTepHmaoo, and we have 
an exception in the case of Cn. Flaviue, who almoaj^ the son of a LihertmoM, 
was Cumle Aedile in B.C. 304 ; (lir. IX. 4G ;) bnt the feeling, nnder otdioaiy 
drcnmstaacea, was so strong that in the early agea of the commonwealth it waa 
deemed necesury that the paternal ancestors of a candidate «hoald have been 
free &x two generations at least (patre aooqiu patertu) ingeniitu.) ' 

<— IMcMia* ■• M A^s. — For mora than three centniies after the expnlsion 
of the kings, there was no taw defining the age at which a dtiien mi^t beoome 
a candidate for one of the higher magistracies. ' Men of mature yean and 
eitensiTe experience would, aa a matter of course, generally be preferred ; hot 
although we find the Tribones of the Plebi objecting to Scipio, oq account of his 
yonth, when he stood for the Aedileehip — neganta rationem ciiu habendam 
esie, quod nondum ad ptteadum Ugitana aeiaa atet ' — their opposition proTcd 
unavailing, and it it dear that there was no powrive enactment on the sobject. 
The worda of Tadtns (Ann. XI. 22) are perftclly explicit — Ac ne aetat quidem 
dMngatbatur, quin prima tuvaiCa Cotaulalunt ac Diclaturatn inirtnt ; and 
accordingly we find that H. Taleriug Corvus was congni at the age of twenty- 
three ; that the dder Sdpio received an important command when twen^-four 
year* old, and waa wmsul at thuny. * But in B.C. 180, L. Tilliua, a Tribune of 
the Flebe, passed a law, known as Lex VilUa AtauUix, which determined, in 
leferoice to each of the higher magisCradee, the age at which a ddsen waa to 
be held l3iff\iLa—quot annoi nati qiiemque magulralum pettrent capermtipie. 
Vb an nowhere told exprewly what the several agea were, bnt the case of Gcero 
is Mullr regatded as soiling the nqnisite information ; for he dedaree that 
he had b^ cboaeo to each ofSce no anna, which is nnderatood to mean, aa 



ibt^-dme. It ia to b« nndentood that the demsnds of the taw were held to ba 
■a^fied if the indiridnal was in hi* thirn-fint, thir^-seventh, fortieth and forty- 
tliud yean, altlmigh h« Iind not completed them, * and this was, in bet, tba 
caat inth (Soero, for bis btrtb-day waa the third of Janoary, and he entered on 
the than offioea two days before he had conpleted tiis thirty-first, thirty-eeventk, 

■ ■■AlathalBftmKwadmftnniFllD. XXXIUl Ut. VL W. •aM.Ctand.Sfc 



Iht* h«ld food g*a«ll7 In *""■ lav 



" H^^m f ^ OK TSE HIOHES lUQISTSATEa. 

Ibrtieth and fistj-tturd jean respectivdj. It ii manifest tho fbam tbe pauigea 
rderred la, at the bottom of tbe page,' that, in the time of Cicero, st whatever 
age a dtiien nai chosen Aedile, it was necesssr; that two clenr jean sbonM 
uUerreoe between tbe Aedileship and the Praelonhip, and the aame spue between 
the Fraetonhip and the Coninlahip. A difficulty arises, hcnrever, with regard to 
the Qnaeatoralup. FoI;bius, who flooiished half a oeatoiy after the pasungof the 
Lex ViUia, tell^ us (VI. 19) that no one conld bold anj pulitical ofEce until he had 
completed ten ;ean at least of militaiy serrice. But sines tbe legular age for 
entering the aimj was seventeen, we should conclude that the Qiiaestorship mi^t - 
be held at the age of twenty-seven, and this is oonGnned bj Che fact, that both 
Tiberius and Caius Gracchus were exactly that age when they held the office. * 
On the other hand, we have seen that Cicero completed his tliirtj-fiist year two 
dajs aflcT he entered on the Quacstorsbip. But it does not neccuarily follow that 
his assertion, that he held each of the lionoru as soon ss he was eligible — luo 

1. In tbe first place, he probal)!/ refers to tbe Curulc magistracies alone, the 
Aedileship, the Fiaetorahip and tlie Consulship ; indeed, we know that the 
Qnaestorship was not, strictly speaking, acooonted a Magiitratut at alL This 
is evident from a well knoivn passage in tbe speech of (^cero on behalf of the 
Manilian Kogsiion, (cap. 21,) where be says that Foiopeiut, in virtoe of a epedal 
dispensation from the Senate — ex StTiaiiu cotuuUo legtbua solattu — was elected 
ConeiU — anteqiutm uUum niium magiurattan per Itga captre potuUsei. Bat 
Pompdus was in hU thirty'ditb year when be entered on his first Consulship, 

£.C. 70,) and therefore, under any supposition, must bsve been eb^ble for the 
aestoiship, bat not for the Aedileship, which is hero evidently regarded as the 
lowest office b> which the term Magiatratia applied. 

3. Sewndly, it is highly probable that some change maj have taken place afta - 
the time <£ Folyhins, by wliich the Aetai Quaaloria was advanced to thirty-one. 
At all events, circumstances were now completely changed with regard to tha 
term of military service, which s;:ems to have been almost entirely dispoised with. 
Cicero, fbr example, served only one campaign altogether. 

'\Ve cannot tell whether any particular age was required by law in a candidate 
for tbe Tribunate of the Flebs, this office standing apart, and, as it were, inde- 
pendent of all othera. 

SacBBHlcB crnngWncla. — (Certta ordo Tnapwfratuum.) — In the earlier 
ages of the repnbUc it was not held essen^al that the different magistracies sfaoold 
be held according to any fixed nde of succcasion, although naturally tbe osoal 
course would be to ascend gradually from the Quaestoiship, throng the Aedileship 
and Praelorship, until the highest point, tbe Consolship, was attained (LIv. XXIL 
35.) Aconrdinglj, we find sCriMng violations of tiiis arrangement notioed aa 
remarkable, but not as illegal ; and, in like mamier, it was not necessary that 
any staled period should e^)Be between two offices. Thus, nothing could be 
nore irregular than the career of Appius Clandins Caecus — be was Censor (B.C. 
312) before he bad been Consul or Fraelor ; he was Consul in B.C. 307, and 
again m B.C. 296, and then Praetor in B.C. 296. Tiberius Graochuswaa 
Curulc Aedile B.C. 216 and Consul the year following. Q. Fulvius Flaccos, 
after having been Consul and Censor, was City Praetor in B.C. 216. P. Sol- 
|iicnnsGaIba was Consul in B.C. 211, although he hod not preriotudy held any 



\aM.am.\tg.ttt. 11. a la sd (wn. X. ta 

a FM. Tth. Oneoh. s. C Ormh. I. A 



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■JESBKAL HF.ujBiia OH THE BIOBEB tfAOlST&UES. 209 

Ciinile office ; and nmneraiu examplw occor of penon* holdiog the Praetonhip 
the JCKT immcdistdy following tbeir AedQeshipJ 

In all probBbilitf, bowever, the Lex Villla, irhen it defined the aga at which 
the diOereot offices might be held, contained provi^tHu also with regard to a 
regular succeedon — certuM ordo magutratuum. It is oertain, as ve hare Been, 
that, in the days of Cicero, it vru required that two clear yeaa (biainium) 
ahoold elapse between the Aedileahip and the Praelorahip, and the aatne apace 
between the Fisetorship and the ConeuUhip ; ^ bat it does not appear that the 
Aedileship waa necessorilj included in tbe Cuiricolam. The Lex Cornelia de 
Magislratibus of SiiUa prohibited an; one from being chosen Praetor who had 
not prcrioiuly been Quaealor, and &om being Consol who had not been Praetor, ' 
without making anj mendon of tlie Aedileehip ; and it would appear that the 
mbonate oTthe PliM was at all times held to be an equivalent. 

BHirlcilaBB an B»«lecilon.— The duration of all tbe great offices, with 
the exception of tbe Cenaoisbip, waa limited Co the period of one jear; bnt, fa 
the earif ages, the same individual might be re-elected to tbe same office fbr a 
■ncoeaeion of jean, and this practice was, at one time, veij common m tbe caw 
of Tribunes (rf* the Plebs, who, when strongl}' opposed in their eflbrts to cany 
out anj important measure, were re-elected (reficiebanlur) again and again, in 
order to give them greater fadtitiea in Che prosecution of Ibmr object. As eartj 
as B.C. 460 the Senate passed a resdludon Co Che effect, that the re-eleotion of 
the same individuals to a magistracy, making special mention of the Tribunes, 
was injurious to the interests of the state-^/n Teliquum magistralus cmHatuari 
el eoidatt Triinmaa refia iudicare Senalum contra liempuhlieamtsie;* but 
this expression of opinion appeais to have been disregarded until B.C. 842, when 
Plebiscita were carried, enacting that it should not be lawful for any one Co be 
re-elected to the some office until Cen years had elapsed &Dm hu Erst ^poinCment, 
and Chat no one should be permitted to bold two ma^stiaciea in the same year 
— Aliit Pldnseiiu caututn, ue quii eamdem magistralum intra dtcem annoi 
eaperei, nea data viagUtratta uno anno gerereL * Tbe latter rule did not apply 
to an extraordinary magistracy, for Tiberius Gracchus was Aedmi CurvUa and 
also Magialtr Equitttm in B.C. 216 ; ' but it must be remembered, that daring 
tlie away of a Dictator the independent functions of all tbe ordinary magistratea 
were virtually suspended. 

Not only was it forUddeu to n-elect to tbe same office tmUl after a I^«e of 
ten yean, but, at some period before B.C. 134, a law had been passed, enacting 
that no one should hold tbe office of Consul twice. ' In looking over the Fatd 
it will be seen that no example occnn from B.C. 151 to B.C. 104 of the same 
individnal being twice Consul, except in B.C. 134, when a spedal exception was 
made in favour of the younger Sdpio. These laws, however, were ^together 
neglected after the time of Marina nntil Sdla revived the oripnal regnlfttion 
with regard to the interval of ten years, apart of whidk Caibo bad proposed to 
repeal by a bill bronght forwwd in B.C. 131— J7l emndem TrUnanm PbUt 
quotiet veliet, crrare Sceret.* Bat the laws were nnqneitioiiablj In fi»«e in 

1 LIT. IX. ». 41 X. IS. n. xxiiL It. sa xxv. 41. xxiv. a. a. xxxv. lo, u. xxxiXr 

* Cla. d* In. ut. IL 9. 

* Appiin. BC. lea 101. CIS Phiiipp XI. g. p» piuo. ii. 

« Ut. Vli 41 samp. X. II. XXXIX. W. Os. d« l«(. Ill X 



• LiT.xpit. Lix. AreteB.R 



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210 eumuL riuurs oir the HiQHra iuwrutbs. 

B.G. 133 ; Hid hence tbe maicter of Tiboin* Gnudnu wh jiutified upon the 
plea that be wu openly violating the comilitBtion bf inditing upon hii own 
re-deetioi to the Tribimeship the year alter be biid held it. 

Althoa(^ the lam ennmerated above with regard to age, the r^ar 
officts, ud re-election, were enforced under sJl ordiDaiy drcuinataaces, the peojde, 
end even the Senate reeerred to themselvce the right of grandog difpensationa, in 
gnat emergencKs, in &Toar of particnlor indivlduala. Fereone exempted in thii 
manner fiom the regnlar operation of the laws irere sjud to be Soluti UgBmtf 
and to hold office Praemia legis. ' Thn« the jonn^ Scipio was elected CmuoI 
at the age of tiiiity-eight, beibre be had held either the Praetorahip or tbe 
Aedileehip, and wai cle^«d Conaul for a second time at a period when each a 
practice was altogether forbidden. ' So also Pompdiu was elected Consul at the 
age of thirty-mz, and C. Hariiu, daring the Cenxjr of the Cimbric war, wu 
Gonanl for the second time, B.C. 104, only thne yean after hie first Consnlahip, 
(B.C. 107,) and held the office for five years in soccesuon (B.C. 104—100.) 
So also, at aa earlier epoch, in the second year of the second Punic war, the 
Senate and the Comilia THbitta agreed that tbe law regarding re-election ehoold 
be suspended in regard to Consular as long as the enemy remained in Italy. ' 

VmuUllcB ehMirred In SuudliiK CkndlAite r« mn OBce. — We heiT 
of no rcBtrictions being placed upon candidates as to the time, place, and mamta 
of declaring their wishes, nntQ the last days of tbe commonwealth. The practice 
of the earlier ages, as we find it described in Livy and elsewhere, folly proves that 
no preliminary forma whatsoever were required. Persons were frequently elected 
to high oflices who bad not only refrained from offering themselves, bnt who were 
witbdifficultypersoaded to accept tbe honour tbmst upon them; and if the people 
were dissatisfied with the actual competitors, they were not prohibited by law (v 
usage from passing them over and selecting individnsls who appeared more worthy. 
The attendance of a candidate on ibc day of election waa certainty not reqmied; 
for we find many examples of persons bcmg elected when serving with the anniei 
at a distance, and on more than one occasion all the chief magistrates were 
chosen in their absence (omna abaenta crtad lunr.) The lint proof wo meet 
with of a change in this respect occun in the case of Catiline, who, at the time 
when he was seeking the Consulship, was impeached of nalvers^on in the 
province which he hod governed after his Praetorehip. The Consnl who was to 
preside at tbe eleclioa,{L. Volcatius Tullns, announoed that, under these circum- 
stances, he would not allow the name of Catiline to be placed on the list et 
candidates, and olthoa^ he was acquitted when brought U> trial, it was then 
too late ; for Ssllnst, in narrating the circumstances, uses the expression — 
Catiiijia pecuniamm repelundamm r«iu, prohibUia at ceiundatam pttere good 
wtra UgitiiBOi <Set prqfileri nequiverit — thns dearly pointing one that at the 
period in qnestian (B.C. 66) a candidate was reqnired by law to make a fiinnal 
announcement of his intentions a certain time before the day of election.* 

A seooud example is presented by the poeition of CKsar -Vfhtai he was for the 
GtEt time candidate for the Consnlahip, B.C. 60. When tbe day of election wm 
^qmMching he was with hb anny outside the walls, negotiating for a triumph, 
and this honour ha must have abandoned bad he entered the dtj. His enemiM 

I cm pro In. HuilL 91. PtUlnp XL t. Acd. IV. 1. Llr. SpIL LVL 

ICto. de imrcll. a Llv. EpIL L. LVL Appliil. run. 11!. 

'Lli. XXV1L6. 

• Cla.O»t.lots|,«adfnig. 11. ■ndnateiir.aHiHL Sdlnat. C*L M, 



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thenlbrs thieir «veiy abetade in the waj of s deduon ou Mb clainu, in oida 
that be might thus bo prevented from declaring hinuelf a oandidale in due tbnn, 
and thej pCMitivel^ refond to grant him an exemption Irom the law. Having 
in vain endeavoured to bring about ao oiraDgemenc, be at length determined to 
taerifioe hit proepeot of a triumph to what lu regarded m the moce important 
object, and accordingly, entering tbe cit/, made the requiiit« amiouncemoit. 
From the wards oT Cicero in lefu^nce to thia matter, we learn that the sbotteit 
qiace aUowed by kw waa a THnundinum or aeveateeD days, bo that no candidate 
could come Torwaid after public notieo bad been given of the daj fixed for the 
eleodon.' 

That no auch law eiiaCed in B.C. 180 ia ceftain, for in that jear a caae it 
recorded exadlj panlleL Q. FulviuB Flaccoe hHving letnnied ficnn Spain, wa* 
waiting outside the wa^ in hope ofa triumph, wii dioaen Coosnl, and triomphed 
a few days ajlerwardi (Liv. XL. 13.) 

The L«x Pompeia de iure magalratuum, paaaed bj Fompeiua in his third 
CoDiuMip, (B.C.- 52,) expressly declared that no one oould stand candidate for 
an office whoi absent, (a petitione Aonorun aiaentai juimot'edal,) and on this 
law tbe Consol HarccUns (bonded his opposition to the request of Cosar, who 
traa deurous to ba elected Conaul for the second time without quitting his troops 
in GauL* 

Thos we perceive, that before the downfall of ihc republic, three restrictiona 
had been placed upon candidates. They were obliged — 

I. To declare diemselves not less than seventeen days before the election, 
(inlra Ugitimos die*,) in order probably, that the proclamation which Btimmoned 
the assembly might contain a lut of the competiton. 

3. To declare themselves in person, (praetetu prqfiieri,) which could be 
done within the dty only, apparently in the Forum. 
8. To appear in person at tbe election. 

The dale of tiie fint enactment is altogether unknown ; bnt it may have been 
mduded in the provisions of the Lex Caecilia Didia. See above, p. llo. The 
third seems to bave been introduced by Fompeins. The second most belong to 
some period between B.C. 63 and B.C. 60 ; for in the lattw year it was, as wa 
have seen, enforced against Caisar, while Cicero, in one of his speeohea m the 
' Agrarian law of Rullua, (II. 9,) delivered in the early part of his consulship, 
positively asserts that tiiere was no law which required a oaudidate for one ot 
tbe regular m^;istracie8 to announce himself in person. 

But aliliougb there may have been no law to enfbcte the piteenee of oandldates 
until the very close of tbe republic, in the great majority of caass, the aspirants 
to public offices were not only ou the spot, but were most actively engaged in 
canvassing for mouths before each election. 

T^[B Candida. Caadidaii. — The first intimadon was made, in aocordanoe 
with a very ancient practice, by the candidate appearing in pnblio dressed in 
a Toija Candida, that is to say a Toga which bad been aitifloially whilaned by 
the application of chalk or some similar substance, the natural colonr of the yrwA, 
as commonly worn, being described by the epithet Albp. Feitoni so arrayed 
were styled Candichui, and hence our English word Candidate. Thia oonqn- 
cuoos dress was forbidden by a Plebixitum as early as B.C. 4S3 — Ne em 
eUmm in vatimentum adders ptlilxonii Ucerel eatua — hut this ordinanco most 



. ,l,z<»i:,.,G00gIf 



212 

bave been repealed, or, in pnxxu of time, neglected ; for the Tuga Candida la 
frequently alladed to donng tlie tiro Uut ceutoriea of the repnblic, M the 
cliancCeriBtio drw; and we are uniTed by Plutarch that, on theac occuiona, it 
Wat) cuBlomai; to wear the Toga trithout fmj Tunica under it, in imrtatioo, 
probablyi of the primitive aimplicity of tlie olden time. ' Harked oat b; this 
attire from the crowd of cititent, they were wont to repair day after izy to all 
pUcea of pnblio rewtrt, to go round among the people, (_ambire — ambitio- — con- 
curiare tola /oro,) to shake bande with them, (jtretuare,) and to reo 
themaelres ai beat they might. ' Hiey were nraally attended by a n 
retinue of clieati and luppottera, (assidua seelaloram copia,) who repaired to their 
dwellinga at an early boor, eacorted them down to the Forum, (deducebant — 
dtducloru,) followed Ibem about {lectatorei) from place to place, and exerted 
all the inSnence tbcj possesud on thdr behalf. When the papulation had 
increased to ench an extent that it waa impoeaible for a caadidate to know oO 
the voterB even by ligbt, he was acoompanied by a Hlave termed a Nomeacla tor, 
whoee sole business it was to become acquainted with the persons and circ m- 
■lances of the whole coastitDeney, and to whisper sacli information into bis 
master's ear, when ho passed from one to another in the crowd, as might enable 
him to salute each mdiridual correctly by name, (appellare,'} and to greet bim 
us an acqnaintaiice. ' Allcr the social war, when tbe Ita Suffragii was 
extended to nearly all the free inliabitants of Italy, the proviiuual towns exercised 
no small influence in tlic elections, and lience it was foimd expedient to canrasa 
the Coloniae and Munidpia as wcU as Rome. * Wben party spirit ran high, and 
the competition was likely to prove keen, the principal supporters (niffragalares) 
of the rival candidates were in tlie habit, not only of soliciting individually, but 
of organizing clubs and committees ^aodalilales — sodatilia) for securing tb« 
return of their friends, and of portioning out the constituency into sections, 
(conscribert a. dacribere r. ihcariare popuium,") so as to ensure a tborongb 
canvass ; and when tliey succeeded in obtaining {hedges from a minority in apj 
Century or Tribe they were sdd Conjicere Centixrinm s. Trtiirai.' It was not 
nnasnu for two candidates to fonn a coalition {coitio) and unite tlidr interests. 
In order to throw ont(<feticEr; AnnoreJ a third who was likely to prove formidable 
to either singly. In this way Catnine md Anlonius caballed to exclude Cictfo, 
(coteranf ut Ciceronem Coratitaludaicerenl,') Lncccins and Balbus to exdudt 
Oosar ; but the plan failed in both instances, ' These and various oilier devic«i 
were accompanied, towards the close of the republic, by so many disordera and so 
much violence, that it became necrasaiy to check them by legislative prohibition ; 
but they must be regarded as pure and innocent when compared with the wholc- 
aate bribery (ambilui) practised during the last half century. How crying tlus 
evil bad become is Buffidently indicated by the number of laws (Z«jic9(fc(iin&ttu) 
passed within a ffew years for the repression of the offence, cacli rising above ita 
predeceaor in the severity of tbe penalties denounced, and all alike ineScotuaL 
We shall enumerate tbe most important of tliese when- treating of the adnunia- 

L Q. R. <9 CortoLJ*.' 
th« Comiihii.T'"™'' " " ''™""" """" """ 
> VuTO I_L. V. f M. Ut. IIL U. IV. t 

*> Ctt pro Hum. M id Att IV. 1. 
«CtB.*dAn.Ll. Pbm».IL30. Chi. B C. VIII so. 

• C^s. pro Pluc. IB. ad (un. XI. IS Q. C<ii dg pol. coiil 3 

• UT.Ia.ss. XXXIX. 41. ciiia«a.F III. I. jikuh. id etc om m tso. cud. kii. 



ogle 



OENESU. REIUBIU ON TBB UtOHER MAGISTKATES. 219 ' 

bUioD of the criDUDBl law ; but at precent ire Iuitd odI; to temaric that, during 
tha period above-meDtioned, briberjr was reduced to a ijstcm — r^olar ageota 

Snterprela) were omplojed, who b&rgained with large bodiea of the votcra for 
eir auflra^ tlie moue)' promiaed waa, in order to leciin good fiiith npon both 
udes, deposited until the electtooa were over, in the handa of biiateea (wfuutrei) 
^ipwnted hj the parties mutually, and was eveQtDall]> distribaled bj paymaateni 
(dtvaora) employed for the special purpoae. A most eztraordinaiy, eomplicated, 
and villanoos example of corruption and of meditated peijoiy, is to be ibmtd in 
the (cbeme of Memmios and Domitius, as detailed br Ckero in a letter to Attknu 
(IV. 18.) 

The technical term denoting a suitor fur any office u PetUor, and the act, 
Pelere and Petitio; hence tl^ phrases Ptttre Coniu^lunt, Praefuram, &c. 
In making a formal annooncement of hia intentions, the candidate was said 
Projjteri (bc. le peCere e. k peliturum eae.) Those who were eanvaasing ibr 
[he aame oSoe were termed CompttUora, and when a candidate waa def»ted 
he waa saii/trre repuliam. 

CKHdiduea under tha EBpIrc — ITe bare already pdnled out, that, under 
the Empire, the Consols and a certain Domber of the maj^trata of inferior grade 
were nominaled, or, as the phrase waa, TecommeiuUd, by the Frinoe, while the 
■election of the romaiuder was left to the Senate. The nominees of the Emperor 
were styled Cajulidati Principa a. Imptralora i. Augutti b. Caetarii, and b 
process of time nmply Caiididati, while the term Petilortt was applied to those 
only who solicited the vot^a of the Senate. ' Siooe those who held office in 
ODnsequence of their influence at court were proud of this diatincdcm, we find it 
fiequeutly recorded in inscriptions that an individual had been Fkabtok Cis- 
DiDATUS— Tribunus Pledis CiLndidatus — QuAEHTOB Cahsidatus — and 
amiMig these is a tablet dedicated to one who had been Divi Hasriaki Auq. Is 
OiDHBUS HoNOKiBt;3 CiiMimATO bireRAT.* 

4he peculiar duties performed by the Quaalor Candidatut or Qaaalor 
Prindpia have been det^eJ above, see p. 196. 

nBclunuBi DnlBBHil. AbdlcMl*. — After a magistrala had been regularly 
ehceen by the Comitia and returned (renujiliatiu) by the preddeot, he was 
diatingui^edby the title ot daiffnatus (Corauldeiignaliai Praelor designatus, 
&C.) The election could not lie canceUed unleai he fonnaUj reugned, (abdi- 
cavit se magiiiratu,') and this resignation waa always volnntaiy, except under 
the following drumstanoes : — 

1, If it was discovered at any subsequent period that there had been any 
iiTegalarity in observing the auspices before the Comitia, or that an unftvounLblo 
omeii had been orerlooked or wJlTulIy neglected, then the magistrates elected at 
— L __ — i^niijiy ^gf, j^j to be Vitio ereofi, and imuiediale reeiguation was 



2. If a Magatratiu destgnatut waa impeached and Ibund guilty of having 
aeeared his election by bribeiy or other ill^l means, he waa compelled to resign. 
. In tlua mamier Sulla and Autronioa, when Console* daignali in B.C. 66, were 
forced to retire, while, on the other hand, the attempt made Id B.C. 63 to oust 
Hniena, upon a aimilar ohaige, failed. 

No ma^atrale under anj other drcnnutancea, whether merely detigjtaCut oi 
after he bad entered upon his duJes, oould be forcibly dcpriv^ of c^oe. A 



InmniirbilliXXXil. 

:CCCI,VIL nsr- ViUaliu II. 111. QuInllL L O. TL i{L H. 



214 IKSXKIL mrtCAmra ok THE RIOHBK lUaUTR^TKi: 

DictttoT, indeed, might anspend hia own Magieter Eqitititm^ or even h Comal- 
bat, in point or fact, darings the ewaj of a Dictator no ma^etrate coald eserdM 
jurisdiction except by hii ptrmission (Liv. III. 29. Tin. 36.) 

Certftia lionoun and privileges belonged to the Magislrattu dmgnaH. They 
were aakcd their opinion in the Senate before ordinjuy Senators; if called npon 
to plead in a court of jnilice, they spoke from the bench (rfe sella ae TribunaS 
— (U toco auperiore) and not from the bar, (ex tubseUia—^x toco in/eriore,) 
■nd tbey bad the right of publiBbing prodamaUona (edicta) with r^^ard to 
the manner in which they intended to discharge the datiea of th^ reapectivt 
offices. 

Osth of OMec. — Eveij magistrate was compelled, within five days after he 
entered upon office, to swear obedience to the laws, (iarare in leges,') and, in 
like manner, when the period of bis office had expired and be tendered his formal 
radgnation, (abdieare se magistratu — mat^atralurn deponen,') he was reqnired 
to swear ^at he had not wilfully violalfid the laws, and hence the phraae 
darare magistratam. This ceremony took place in the Fonim, on the day 
before the new magistrates entered npon office. The retiring magistrates, at least 
the Consols, osoally ascoided the Roilra and delivered an oration, (concio,') in 
which they took a review of their proceedings while in office. It Is well known 
that Cicero, when aboat to deliver an address, according to costom, on the last 
day of December B.C. 63, was stopped by Metellus Nepos, a Tribune of the Plebs, 
and ordered to restrict himself to the simple oath, npon which, to nse bu own 
words — 5ine utla duMtatiane iuravi, rempubticani algue hanc arbem mea unhu 
opera ease salaam .... Popubii RoTnantis univernu ilia in eoncione, . , . 
meum iiKitirandum tale alque tanlum, iurattta ipse, una voce ei eojisejuu 
approbavii (In Hson. 3. Ad fam. V. 2.) 

Olariii aTBcapMt pmM la nfaflairatu — When one of the higher magis- 
trates, espedally the Consul, appeared in any place of public agsemblage, such 
as the Senate-house, the Circus, or the Theatre, wheie the pen»ns present were 
sealed, all were wont to rise up to do him honour, (assurgere,) and tiie same took 
place iif he paid a visit to a private dwelling ; when he was walking abroad in the 
streets, all who met him made way for him (decedere de via') and uncovered 
their heads, (aperire caput,) and if on horseback, disnioonted until he had passed 
by ; and these ja»Ai of consideration were paid, not only by the commnnity at 
large to the magistrates, but by the inlWior magistrates to their superiors. Thus, 
the Fiaetor ordered his Lictors to lower their Fasces (Jiaces sabndUere) when 
he chanced to meet the Consal, and, if seated, rose from his Sella Cvndii as the 
Utter passed. ' 

T1U» knlswel apaa diua wk« hmd held tba croi ■■nea of Stun. 
— The six great offlcee of state being the CoamMtut, Praelura, AedHitas, 
IKbunotui, (juaeifuro, Centura, those who bad held these offices were styled 
reepeatively Contalares, Praelorii, AedUilii, TViituiilit, Qaaestorti, CeTisorii. 
Thtte titla origioally merely stated a Act, for under the republic no one was 
vm d^gnated as Vtr Considaris, Fir Fraetoriiu, ke. unless he had been 
(egolarly elected to, and bad actually dischai^ the duties of the office mdicated 
1^ the epithet. But an important change in this respect took pkce under the 
empire. After the prsctiee of beitowing Omamenta Consalaria. Omamtnta 
Praeiorin, &o. the nature of which we have explained above, (p. 173,) wai 

1 3« Clc. In VvTL IT. 61. Id Flm. 11 Ut, IX. 48. ZXrv. U, Sillait. ir^ Nnn, IliMgIL 

It. Mm, L ablmlii. il'il vilti. il 'pin. a'ancaii, a, %'. a. lo. 



IT THE HIGHXS IfAOIBTItATBS. 315 

btnMliioed, not onlf thote who had reallj held tbe office of Coaral, of Fnwtor, 
&a. were styled Ctmimlara, Praelorii, &c. bat ihoen also who had mere^ 
reodved the Ornamenta. Tbete penone fanned a nnmerotu bodr ; and tlthtnigh 
they wielded no real power in Tirtue of their titles, they formed distinct claaaea, 
each cnjo<riDg for life s certain amount of rank, consideration, and preoedenoa, 
(Dignitas praeloria — D. Atdilitia — D. Tribunitia,) similar to that poMened 
in modern timca by those helongiag to the different orden of knighthood. Wbcn 
an individual was admitted to sacb pririlegee he was laid to be alitetiu aUr 
Conmlara, alltetus inter Praelorios, &c. and thni a nnmber of gradea wen 
introdaoed into the Senate, since a member might be Senator Conttdarii, or 
Senator Praetoriae Dignitatit, or Senattyr Aedilitiat Digrtitatii, &o. ^ 
ehoosing new membera of the Senate it appeai« to have been not nnoommon to 
b«MDw upon them at the same time a spedfio nnk ; thns we are told that H. 
Am^hu — MuUos ex amicis in Senatum allegit cunt Aedilitiit ant Praeloriit 
DtgniiatOna — Maltis Senaloribus vtl patiperSna tine eriimne Dignitatti 
TVAunituu Aedilitianpie concestit. (Capitolin. 10.) 

Hence the bietorianj of the empu:e sometimes distingoish an individnal wbo 
had Bctoally held one of the great offices Irom a mere TitDlar, by designating 
the fonner as Cotuxdatu fanettu, Praetura fanctta, &o. ; bnt thie is by no 
means nniformly obserred. 

■■■•■■Ib. — These having been specifled when treating of the different offioea 
sqiantely, it is nonecenary to repeat what baa been stated under each head. 

Pstaiiu — Every Boman magistrate was, in virtne of hii election by the 
Comitia, invested with a certain amount of civil power, technically termed 
Potetlai, by which he was entitled to discharge the dntie* of bi« office, and, U 
impeded, to enlhrce obedience to bis lawlol oraeis by fine, by imprisonment, or 
otherwise.' The amoant t>t Poleslas varied according to the office. Those 
magistrates who had the right of being attended by Lictors, namely, the Consols 
and Praetore, • had not only the right of aireeting any one who was present, 
(Prentio,) bat they had also the right ofsammoning any one not present to ^pear 
before them and to enforce his attendance {Vocalic.') Those, again, who wvt 
attended by Viatoree, the TVibuni PUlnM, for example, had oiJj Preneio and 
not Vocatio. Those who had neither Lictores nor ViaU>re», the Qoaeitora fiv 
example, had neither Focafio nor Pr«n»io and thereforeno summary jnrisdiction.' 

■spcriB^ — It was a Fundamental prindple of the oonstitatioD, that election 
by the ConuHa Centuriata or the Comitia Tributa conferred Potestai only, and 
that no magistrate could take the command of an army, or hold a meeung of 
the Comitia CenturiatA, which was always regarded as an assembly of a military 
diaracter, {Exercitus Urbama,') until Imperiam was bestowed upon htm bj a 
Lex Curiata, concerning which we have already epoken at length. * 

Whatever step a magistrate took in virtne of bis official authori^ he wasi^ 
Pro magislratu agere,* and this step wonld be taken Pro Polettale or Pro 
iTnperio as the case might be. When a magistrate was deibroed in the txtrtitt 
of his Poteaiai he was said /n ordinem eogi. ' 




If Dnlr, nntll Ova pu[n| etliH Ltr 

h( onllBMT wotUdi «f the 
Isf . ibpt* lk< lam. 

9 AatM <MiiM xnt n 

iiizcd^vGooglf 



316 OEKERAL KEUARKS ON THE UIGUEB ■tAOUTRAIW. 

Pr«r*CBil* iMrall — A magUtrsU wai nerer, nndv uij pretext, aUoired 
to retain his office, nitbout re-election, after the expiration of a year; but 
when, b; tbe gradual extension of the Roman conquests, the seat of wat was 
gradnall/ removed farther and farther &om the aitj, it was felt that it might ai 
times prove both inconvenient and hazardous to recall or supersede a general 
activelj engaged in important and critical milltarj operations. Tliese oonsidcra- 
tdona forced themselves so strongl; apoo tbe pabllc mind during the war against 
the (keeka in Campania, (B.C. 327,) when danger was apprehended on the lido 
of Samnium, that tbe Tribunes, at the request of the S^ate, proposed to tbe 
people, that wben the Consul Q. Fublllius Fliilo bad ceased to bold oCEce, ho 
ahoold be armed with the same powers for tbe prosecution of the war as if ho 
were still Connil, and that these should cootinue until the war was broagbt to a 
eonclnrion — Acttiitt cum 7Viiuni» at ad poptdam ferrent, ul, qaum PiAlilius 
Pkih eonmilatu abuut pro consulb rem gerereL, quoad debtUatam cum 
Oraedt eiaet. Tbia was acoordbgl/ done, and Publilius was not only the fint 
upon whom anch a command was conierred, bat the first Roman general who 
aver celebrated a triumph after the period of his office lind expired. ' From this 
time forward it became common for the people in the Comitia Tribula to prolong 
the miiitacy command of a general, lotnetimes for six months, somotimes far a 
jear, and sometimes, as in tbe case of Publilius, for an indefinite space, until the 
undertaking in which he was engaged should be brought to a close. During tbe 
second Pnnie war, especially, we find examples of llio same individuals being 
continued in thdr command for several years in succeseion. ' Thli proloagatioD 
was termed Prorogalio s. PropagaUo Inperii, and the phrase Prorogart 
Imperium must be cnreAiUy distinguished from Coittinaare Consulatiaa, which 
was employed when tbe people elected the same individual to the Conaulabip for 
Iwoyeara oonsecntively. 

Inxn the people conferred extended Imperium in this manner, tbey were 
nndentood to reserve to themselves, in all cases, the right of annulling 
tbair own act even wben a definite period iiad been fixed, and in doing tbia 
tbey were said Abrogare Imperium, (Liv. XXVII. 20. XXIX. 19,) but a 
regular Ptebiidtitttt was always required for the Prorogatio or Abrogalio of 
Imperivm. 

When tbe Im p tr im a of a Consul was prolonged, be was said rem gerere fro 
OOHBULE, i.e. to exerdse in so far as the particular service was concerned the 
power of a Consul, altbongh not holding the oSoe ; and in like manner, when 
tbe Impenvm of a Praetor or of Quaestor was prolonged, they were said rem 
gerere pro pbaktobb, fbo quabstori:, &c. Hence, in process of time, the 
words Proconsul, Propraetor, PromiaestoT were formed and ^plied to designaU 
those who were intrtiated for special service, with powers and rank belonging te 
the magistrates indicated by these terms. Generally speaking, the tiUe ^Voconiul^ 
and the phrasaa ProtMoidare Imperium and Pro coitetde were ^iplied to those 
only who had actuall; held tbe office of Consul; and the same holds good for Pn>- 
praetor and Prwputettor. Tbe rule was not, however, univenally observed ; for 
tbe elder Sdpio, whan twen^-foor years old, was sent as Procontul into Spun, 

ILiT VULia. AtaiaB^«Tl]«dst*(B.C.4«)mwd(Llv.IllV)UutT.Oii)n<it1iu. 
who ta*d b«D Cmnl tbt inTlcnii jm, wh dHutelwd hvm Ban* with ■ rdnfsrcanimt 
jtrsannbt bqttbu* mcdi nub* nndantood to nmn afr^j iiultail vfllU Cnnf, th* 
CoDnl bivlst Nm dMilMd Id tb* all;, SHDp. DlinijL IX. I& ea. who »M tbe tarmi wltli 
whitfi h* WM fUntllu w)ini h« wrou. Bat wi tbt hcUod below, p. IM, oo th* DOtnul 
^tf/taUimiollluUTml'nemnil 

tUT. IX. M X. I& SI. n xxiii. IS. ixiv. 10. II. XXV. s. XXX i. . 



CBMZXAL »»"■'»»■ OH THE HIOIIER iuohtkatzs. 217 

■lllioagh ha hid held no office previcnuly ; and Fompdoa, ti the age of thirtj- 
mw, VBB Knt Pro contvle agauut Seitorioa. ' See below, p. 226. 

The Imprrvim of PtdcodbuIb and Fropractora diOered, however, in aomo 
important particalare from the Imperiuvi enjoyed by Conenls and Praetors while 
in office. The Proconsul or Propraetor exercised Imperium in that particolar 
dUtrict or province only to which he was spedall; appointed, and if at anj time 
be entered the city, he, ipso facto, lost hia Impfrium. Hence, when a Proconsul 
or a Propraetor solicited a triumph, he wu obliged to remain with his armj 
outside the dtj until his claims were coniidercd ; but if, from aoj cause, he 
entered the dty befbro tho matter was decided, he at once lost hia Imperium 
and became incapable of celebrating a triumpii. If a triumph ivas voted by 
the Senate, then a special Plebiscitum wu required, granting iiim the privilege 
of retaining his Imperium within the city upon the day of the pageant. On the 
ither hand, a Consul who had received Imperium could exercise it anywhere 
without the city, and although it was euapended, aa it were, each ^me he entered 
the city, he cdold enter and leave the ci^ repeatedly without bemg obliged to 
apply for a renewal of his Imperium. This ia well ilinstrated by the following 
passage b Livy, (XXVI. 9) — /nfer hunc tumuUum Q. Fulinum ProcoruuUtn 
prqfectum cum exercilu a Capua affertitr : cui ne minaerelur Imperium, n in 
mrbem Btntael, decemit Senatus, ut Q. Fulvio par cam Consul&ui Imperium 

CI«mI*cbU*ii 0f 3ia%iMirmit*. — Yarioua claaiiGcatioas of the Eotnan Magis- 
tratei have been proposed by writers npon antiquities, some of which wera 
recognized by the ancients themselves. We shall notice the most importauL 

1. MagiMtratas OrdmariL MagUtratua Extraardinarii. — The former were 
regularly elected at stated intervals, the latter were not. The prindpal Magii- 
tralm Ordinarii were the Cousuls, Praetora, Aediles, Quaeston, Tribunea of 
the Plcbe, and Censors ; tho prindpal Magistrahu Extraordinarii were the 
Dictator, the Master Equitum, and the Interrei. The Decemmri legibut 
Kribendii and the Tribuni MilitartM conmlari poteslale existed nndcr drcnm- 
■tances which prevent na from ranking them with propriety under either head, 
■ItboDgh, accoi^g to our defini^on, they would, strictly spealdog, fall undei 
the Extraerdinaru. The Prae/eclia Urbi was a Magixtratua Ordmanas under 
the kings, Extraordinarius during the period of the republic, and again became 
Ordinariui under the empire. 

3. Magutralut CunUa. M. non CuruUt. — The tbnner, as we have had 
oecatioa to observe repeatedly, were the Consols, Praetors, Curule Aedilea, 
Censon, and in all probability the Dictator, the Uogister Equitiun, and tiia 
Watdm of the city. To these we may doubtless add the Decemviri Itgibia 
$crg>endu and the Tribuni MiiUarei C. P. This distmction is so far tmportutit 
tiiat the descendants of those who had borne comle offices were NobUea, and 
eqjoyed the /us Imagiaum, See p. 94. 

8. Magistratut PatricU. M. PUheti. — Originally all the great offices of 
State were filled by the Patridsna exduaivdy, except the Plebdan Tribunate and 
the nebdan Aedileship, to which, &om the period of their institution down to 
the doaeof the rapublic, and even later. Plebeians alone were eligible. We have 
atm, however, in treating of the different offices separately, that the Plebeians 
fbn^ thdr way mdtial& nntil they obtained admission to all withont diitiaC' 
Hod, ao that afler B.C. 837, when the first Plebeian Praetor, Q. Fnblilias Fbilo, 

iUv.XXTlI&XXViau.Brtt.XCL Clo. im li» Hu. II. milpfL Zl i. 



21$ cuasiTiGATioK or vaotstkites. 

wM deeU^ the term Magittralua Palrieii ceued to be npplioabla to an; dtta 
of public ofBeiak with the exception of oertain priesti. 

4. Mafjutratwi Maiora, M. Minora. — We socDCtimes find the iijfeior 
fiuMtioaanes, suoh as the Triummri Capitala rtaA the TTvummri Monelaks, 
of wbom we ehali apeftk more particular] j below, tenned b; Hnne of the citueieal 
wiiten Minora Magintratat in oppocition to the great dignitaries, the Conmls, 
haelwa, Aediles, Tribnnes, Qnaeeta^^ and Cenaors. ' But the division o( 
magigtrstes into Maiora and Minora nas oonteniplBted by other anthore from 
a verj difiinmt point of Tiew. A wart b; Meuala, qnoted in Anlae Getlina, 
(XIII. 15,) teaches as Chat the Auipicia were believed to pOMcai greater eflicw^ 
when obflwred bj one particnlar class of magnsttates— Aitrfciorum atapiaa 
fn ditOM tunl potatala itivisa — and hence were distingnisbed as Maxima s. 
Maiora Aaspieia and Aliaora Aiapieia. The Maiora Avspicia belonged to 
the Consuls, Praetors, and Cenaon, to whom we ought to add the Dictator, who 
is not spetuSed bj Meaasla, because tlio office no longer existed when he wnite, 
and these therefore were the Maiora Magiatratus, while, according to tbii 
prindple, the Cmnle Aedilea and the Quaestors were Minora MagiOratat. 
(Compare with Hessala the words of CIc. de legg. ni. 3.) 

Secoodlj, although the Coiumls, Praetors, and Censors had the Maiora 
Atapieia, the Ataqiicia of (he Censora were di(Fei«nt in qnality, though not in 
degree, from those of the Consuls and the Praetors; and these two sets of 
Autpicia were independent of each other, so that the Awpicia taken hj a 
Censor could not interfere with or disturb those taken b^ a Consul or a Praetor, 
nor those taken by n Consul or a Praetor distnih those taken by a Censor. 

Thirdly, succ the Praetor had the same Ajiapicia as (he Consul, be was stated 
CoUega Comalis; bat although he had the same Auxpicia he had not the same 
/mperium. The CousqIs had Maiua Imperiian, relative to the Praetors, who 
hod reciprocally Minvs Imperitim, relative to the Consnls. Now, it was a 
priociple of the constitution, that no maptlstrate could preside at the election of 
another m^strate who enjoyed Maiia Imperium, Hence a Praetor coald not 
preside at the Comilia for the election of Consols, because the latter had Maius 
Imperium; norconld a Praetor preside at the Comifia for the election of Fraetota, 
fbr in that case he would have been presiding at the election of a magistra(e who 
waa the ColUga of the Consol, and therefore the CoUega of a magistnte who 
had MaiMi Imperium.^ 

Lastly, wh ile the Consuls had Maias Impsrinm relatively to the Practon, the 
Dictator bad Maiiis Imperium relatively to the Consuls, and to Ms own mastt r 
of the horae, being supreme over all. This u distinctly laid down by livy (Till. 
38. XXX. 24. XXXIl. 7.) 

PBOVIKCGS OF THB UAGHjTEATBS. 

OeaenlaiBBiflcaiUBariheiermPiwiiiciB. — Whatever may be the oi^H 
of the word ProviTicia, and no scholar has as ret succeeded in discovering a satu- 
fkotoiy tXpaoiogj, it denotes, when used with reference to a Romui magistrate, 
the (pW« of action within which he was called npon to discharge the duties of 
hla office. For several centnries the Consols were oocapied, almost eiclosivelj, 
in leading the armies of the state ; and accordingly the war which a Conanl wai 
^ipointed to conduct, or the region in which it was proHonted, or the peopla 

1 Ut. XXXIl. M. augL Can 4t. 

I Tfeli onrlBiu dociriM 1i tht clvu-l* iu(«l bj M«mlii In (h< «■«■(■ ibn* iilBi«4la, 
an4bjCI««n>adAu.lX.SL Bh (Ik Vil. Hu. IL tUL I. 



FB0TI7ICEB OF THC lUOIBTBATES. 219 

'^alnit whom it wu iraged, irere alike Uraied hi$ Pnmncui. So alio tb« 
Praetor who acted u lapreme judge in tbe ciTil cooits at Rome wu said to have 
the Urbana Proinncia; the Qnacator who aDperintended the exportation and 
impDTtationofinerobaQdiae at Oatia and ebewheie vraa said to have tht Aquaria 
Provincia ; and, in the ordinaiy lan^n^e of familiar oonTersalion, JProvineia 
meana a duty, a laik, or an occupation of any deeoription. ' 

ArrmM^Kaamia Bad DlraribiiUaB af the Vrvtlmetm. — It waa the prerogative 
of the Senate, under ordinaij circumstances, to fix the Promnciae CarauiaTu, 
that ia, to dcUnnine where and how the Coniok ahoald be eniplojed in the 
■nrice of the state (decemere a. nommare Promnciai.') When the Promnciae 
were marked ont, the Coiunls were generally allowed to eettle with each other 
regaiding^ their diitribntion, {comporare inter ae Prtminciat,') or, if thej could 
not cone to an agreement, thej decided the qneition Yij lot (sortiri Provincias) 
— Oman Senalut, aul tortiri aul eomparare inter te Provineirvi, Comulee 
iuantaef;' but ocoaiionally the Senate itself araigned a particnlar Province to a 
particular iodtridoa], in which case that body waa said dare Provinciam extra 
Krtem a. extra ordinem ; ' and it loinetimea aisigned the aame province to both 
Commla.* 

In the eariier ages of the republic one Conatil was nsnaHy sent forth to carry 
on militaiy operations, while the other remained to protect the eity and admmieter 
the otdbaiy bnaineaa of the stale ; when the war was of a very formidable 
eharacter, both Consuls proceeded to the army and assumed the Bupreme com- 
mand on alternate days; (see p. 1G9;) and when danger threatened from 
difi^rent qnarters the Consuls commanded sepnrBte armies, acting iudependcntljr 
of each other. In every case the limits of the Provioee, that is, the limits within 
whidi the operations of the Consul were to be carried on, were strictly deGned; 
and it was considered a moat serious oflenM for a Consul to overstep the bomids 
of his own Province without express permission. ' 

We have said that it was the prerogative ofthe Senate to arrange and distri- 
bute the Provinces, and in point of fsct it will be found that this was regarded 



eongtitntional assemblies, It happened in times of strong political excitement, when 
party spirit ran high, that the Tribes exercised the right of assigning particular 
Provinces to their tavonrites, without regard to the opinion or decision of the 
Senate. Thus, although the Senate had passed a resolution that Metellus should 
eontinne to prosecute the war against Jugurtha during the year B.C. 107, the 
ptople hvriar been asked (rraatuf) byHaoilins Mandnus, one of the Tribunes of 
Uw Heba — ^tem •eSet cum lugurlAa bellum gerere — decided by a great nuycnty 



ra, LtfUtfnUli. Wimm*^ ^- _, — 

Acm. I m m t lru Ut, imptralor, 9W>A erosof^n. cuod voim- 

F«L. MaUtm I^Ui tt/aatU t tmH It^f^rirr. Pint. TtS.. OL IV. Iv. la 

1 Ut. ZXXTIL I. 

■ *.(. Uv. UL a Tin. IS. 

• CkauntUoi otehB /loUn I-rmiiiiria dienU. L*. (Imt w*n both ordovd to atsj M 

Tuv. i S*xxDL'i»*"iSL'M Vu f si.ni. i. e«n|i. xzTn. a. xzvnL w. «. 



2S0 rm ntomicES. 

Ihit It ahould be oammUlAl to Huitu. In thU iiuUnce it might be atoned that 
Uaiioi, bdn^ actually Co-.uul, had a better right to the command than Mctelliu, 
whose Impcnam had been already prolonged ; but exactly the reverse took plaoe 
in B.C. 88, for the war againit Hitbridates having been uu|;^ed by the Senate 
to Sulla, one of the Couaula for Ilie year, aa liia Province, the Tribea were 
pennadod by Haritu to cancel the appointment and beitow it upon hmuelf, a 
procedure which led to tlio first great civil war. So also in B.C. 69, the people 
bestowed the command of Gallia Cisalpins and Illyricam upon CEcaar, at the 
ingtigatkn of the Tribune Tatmiua, who broogbt in a bill (Rogalio Vatinia) for 
that porpoee, and carried it m direct opposition to the wiahee and arrangement) 
of the Senatt. 

Exactly the tame eyetem wai followed with regard to the Pnivincea of the 
Fraelora. It waa decided usually hj lot, which should act as Praetor Uriianus, 
which a< Praetor Pcregrinus, (hence these Provinces are frequently termed 
Sort Urbana and San Peregrina,^ and then the foreign Frovincea were divided 
among the remainder, or, as took place during the last centniy of the repubhc, 
when all nsoally remained in the city during their year of office, the lot decided 
in which coart each should preside. 

PntvlHciB !■ B rEiirfcied «■■«• — A country Or district beyond the confinei 
of Italy, completely subjugated, deprived of its independence, and ruled by a 
Koman governor, was termed a Provincia, and when reduced to this condition 
was said technically redigi in formam Proiiinciae. It mnst bo remarked that 
a oonqaered country was not always at once converted into a Province. Thus, 
Hacedonia, although fully subdued in B.C. 168, did not become a Province until 
B.C. 146, and in like mviner, neither Asia nor Aehaia beoame Provinces fbt 
many yean after they had been entirely under the control of Bome. It is to 
Provinciae in this restricted sense that we shall oonfine the observations made 
in the fbllowing paragraphs. 

C*nMliiiil*ii Bf ifae PraviHCca — When the Senate had resolved that a 
country should be reduced to the form of a Province, they commonly tent toi 
Legab^ or commissioners from their own body, who, in coqjnnotion with the 
victorioos general, arranged the terms of peace with the vanquished peoplSi 
detemiined the exact limits of the Province to be formed, and drew up a consti- 
tntuM, by which the future oondition and government of the state was defined. 
These matters having been arranged upon the spot, were, upon the letom of the 
I^egnti to Rome, submitted to the people in the form of one or more Rogations, 
wlucb if sanctioned, formed the Charter which regulated the powers and jurisdie- 
tioD of the prcvinclid governors. Of this description were the Lex EupUia br 
Sicily, the Lex AqaSlia forAsia, and the Xe^etjlenii^uie for Macedonia; butthcM 
and similar laws, althcugh serving as the gronndwork of the constitu^on, might 
in each ease bo altered, modified, and explained by new Laws, Decrees of the 
Senate, and the Edicts of the provincial govemon themselves. 

Pravincial Gsreraan. — These at Grst were Praetors, two Praetnn having 
been added, about B.C. 227, to the previous number, for the special purpose tf 
actmg as governors of Sicily and of Sardinia; and two more in B.C. 197, for the 
two Spaius (see above p. 188.) But towards the close of the republic, the 
nnmber of Provinces having greatly increased, they were divided mto two 
dasaea, Pnmineiae Coiuularei and Prorineiae Praeloriat; and mnce both 
CoDsnlt and Pneton, at this period, nsnally pasted the whole of their year vt 

t LIT. XXxnt «L XLT. M. » la Gk. PhlUpp XIL tt. -^ 

_ C.oogic 



fHK PBonxcES, 221 

oBoe in the tatj, thej were again inTested nith Imperium after tbej bad laid 
down their otBaa and proceeded to the ditTerent ProvinceB allotted to thum, 
which thej ruled with the title* ^Procotaula and Propraetora rtipectivel^. 

The Senate determined, each year, which ihonld be Ptovmdae Consalaret 
and which Provindae Praetoriae, the Coniuls then cast lola, or came to an 
nnderatandlng with regard to the Provindae Cojimlara, and, in like maimer, 
tbe Pneton with tegud to (be Prmrineiae Praetoriae, xmkm the Senate saw 
fit to make a apedal (ezfra ordiaem) appaintment, or the Comitia Tributa look 
the matter into their own bandi. Generally speaking, tho Coniolar Provincei 
were Uioee in which there waji uar ot the apiireheniion of viai, either external or 
internal, while the Pnutoriaa Province* were those in if hich tr£nquil)iCy prevailed 
and was not likel; to be disturbed. In this manner a Province at one tima 
Conanlar might become Praetorian, and vice rersa ; bnC changes of this kind 
Mem to have been e&teled frequently withont reTercnce to warlike considerationa. ' 

Mtnpmnmrm »t» rr^ftaml »r Pfaprmdar far hla Vrawlmtr. — When the 
time had arrived for a Proconsul or Propraetor to leave Home for his Province, 
lie received his equipments from the Senate, uho decided by wjiat number of 
lAgati he wa« to be aamsted, the amount of troops which were to be placed under 
his ccnnmand, the allowance for outfit ( VtuaTuon) to be paid from the public 
treasu^, and all other things requisite, in voting which they were said Protin- 
eiam Ornare s. Iiutmert. ' Harbg then received Imperium by a Lex Curiata, 
and his vows baring heen offered np in the Ca[Hlol, (yotii in Capilolio 
nttneupaiii,) ' he took bis departure m great state from some point beyond tfae 
walk, arrayed in the robe of a military commander, [patadatiu,') his Licttoa, 
twdve or six as the case might be, marchkig before him with Faeces and 
SeeuTa, esoorted on his way by a nnmcrons train of friends and clients, and 
attoided b^ his penonal staff, {Cohora Praeloria,) consisting of his Quae$lor, 
his Legab, vanous subordinate officers, (iVoe/ccli,) clerks and sacrelariea, 
(ScrSxie,) servants of all kinds, (apparilorei.) pnblic slaves, (ptMiei lervi,') 
and a throng, who, under the general appellations of Camila, Amid, yamHiara, 
hoped to share his power and benefit by his patronage.* Be was bound to 
bavel direct to his ProTinee, the iuhabitanta of tho towns through which be 
passed being obliged to find lodging, forage, means of trm^ort, and to Mikfy 
various other demanda, which, until re{^tcd by the Lex luUa, frequently 
afforded a pretext for great extortion and oppression. ' When a sen voyage was 
necessary, sbipa wero provided by the state. * 

Cnmrntmetmtmt MSd Sarutom of ■ E>iwvliicliil Cswand.— Tbe com- 
maod oTa gorwnor eommenocd on the day when be entered his Province, or, at 
all crenta, on the day when he reached one of the chief towns, (Cic. ad Att. V. 
IS,) and, under ordinaiy oircumBtanceB, was understood to continue for one 
year only. It was, bowerer, very frequently prolonged by a decree of tba 
Senate; and evai when no fonnaj Prorogalio took place, a goveroor could 
Kmain and eierdse his power until the arrival of hii ancceasor. 1Ve gatlwi 

1 acta KH. I. II. IS da Pnr. (^nni. r IS Pint. Pcni^ SI. DIOD. CUL XSZTIL tl. 
1& ul a. F. IL 3. But. Cut. IS. 



r. la. ■< Att T. u. VL w. 



3,a,l,;t!dbvG00glc 



fiou what took [daoe in the cue of Cican>, that if no fonaii yiM ot Prvngaiu 

bad heea ptwed, a governor might, at the end of hii offidal jMr, oamnut hit 
Province to his Qnustor or to one of bis Legati and return home. But tfaii 
vrat a coQtingencj ao little to ba looked for that it would qipear that no proviaion 
n-aa mads to meet it. 

Allboogh the power of the proviadal govenior raaaed at once oa the arrival 
of hia BDcceuor, he letained his Imperium and his Ucton until he entered Bome 
(CIo. ad Att. XI. 6. Appion. B.C. I. 80.) 

P*wcir aad Dmlca •/ m. Prarlneial QsvaiBar. — TheM were partly militsiy 
and partly dvil. 

1. In virtue of his Imperwm the Proconsul or Propraetor was oommander-iu- 
chief of all the troopi, whether Boman or ntuutiarj, stationed in the Provinoe, 
and could, in emergendes, order a IocaI levy (delectus provincialu.) Theae 
fitrcca he could employ aa he thoo^t fit, either for the purpose of repelling 
iovaeioo froin vdlhoot, or eoppressiag rebellion within; bnt on no acoonnt, as 
alread; obaerved, could he quit the limits of his Province without ezpiese orden 
fiwnUie Senate. 

2. In virtne of his Imperiam and Pololas, he had aqtremejiirisdieticai in all 
tansw, criminal aa well as civil, and could imprison, looorge, or even infiict the 
paoisbment of death upon the provincials ; but Boman ciUzetis, although resident 
abroad, had, in all criminal caosei, the right of appeal (provocatio) loBome. The 
law or laws by which the constitntion of each Pravmce was established usuaUj 
settled the mode in which justice was to be admiaiateied ; ' and a large number 
of suits >rcre tried before loeal and domestic tribonals, although there seems to 
have been, in every instance, aright ofappeal to the governor, who was aatiated in 
his decisions bj a board of assessors, tenned his ContiUunt. For the sake of 
Conveuienoe in administering jostice, a Pnivinm irim iiMf HT divided }^*" (jjiifHi-M^ 
"flllpr) '^•"T-'TlilHi F"** the governor made the urcuit of these at least oneemihe 
year, holding his court in the jjriiirapal town. In performing this duty he waa 
swd .4^ere Convenlus. * 

3. Beaidea the above duties, the Proconsul or Propraetor regulated all matters 
connected with the interna] gorcmoient and interests of the various towns and 
oommnnities contained in the Province, in so &r as his interfennce was demanded 
or wammled (Cio. ad. Q. F. I. 1.) 

■■•■•urn beaMwe4 aa Praviaclal Cnv wM . — When the inhalntanCB of 

a Province entertained feelings of attachment and gratitnde towards their mler, 
or deemed it expedient to feign soch sentiments, they w^e wont to erect temples, 
statues and other memorials (monumerud) in the fora of the chiif towns, they 
ins^tuted solemn festivals Ui keep alive the recollection of bis virtues,' thej 
despatched embassies to Bome Co pronounce his panegyric before the Senate; and 
when he had acliieved any military exploit, they subscribed money, termed 
aurum corojtarium, to assist in defraying the expenses of a triumph. Sooli 

I Clcno (in Ttrr. IL 11. 19. 37.) iItu muiy d>ulli with rafsnl to SlcUjr wbleh in tbj 

for s Axad pnrpoM. Hbuh, Bpedmllj — 

1 TlKdajardijiiiii vhlgblliiHUHaUsfHIaokplML 
3. Tfa* pluM In otalcH Ili>i Hen hHd. 
4 TliaiUmrliitorahtsbibalDtaiMtuUsunbM. 
Comnnu ii uud sJk Is denote u unloa or aswcitf loa of Bsmsn altl»DS dnlUaa b a 

> Such woe IhB Uart^ia In SJcUr, lbs JTwia tad iMcOUa In Asia. 



IBK PKOYDtCia. 223 

doDbnitntiotH may, k Mme nut instance, liave been cillcd f<»lh bf a gtoth 
and patcnial exerdae of power ; but in later time* at least, when they were moat 
Gomnioii, they were in general to ber^arded ai eipreuionsof icmtr and aervile 
flatlery. Th«y were freqoently demaoded and enforced ai a matter of right by 
tUc most unworthy, and large soma were extorted by the eompt and nnunpaknu 
as coDtrilnitioni towards lionorary teatimontals. ' 

E«n«ad Pi*p«tT >■ iba ■•raTlBeea. — In a itetfly fliljagattd Fnmnce the 
whole of the landed property M under one of two heads, it waa uther, 1. Ager 
PHvaba, belonging to private indiTidnals, or, 2. Ager Publiaa, belonging to 
the governing lK>d7, or to different commoDltie* and corporations, tbe proceeds 
of which weM applied to pnblio putpoeee. Tlie whole of the soil, whether Ager 
Privatui or Ager PubUaa, waa regarded, theoretically, as belonging, by right 
of conquest, to the victoia, and entirely at their disposaL In practice, however, 
the lands of private pmprieton in the Provinces were seldom confiscated by the 
Bomana ; but the owners were allowed to retain possessicn and full right of 

Cperty on payment of a moderate land tax. The Ager Publicus, on the other 
id, was usually regarded as part of the apoib of war, and was disposed of in 
various ways — I. A portion was freqaently sirid and the proceeds paid bto the 
Aeiariom — 2. A portion waa farmed out to tenants wlio possessed no right of 
property in the soil which tliey cultivated, but pud a fixed rent — 3. A portion 
waa frequently lell m the hands of the ooiporaiion or community by whom it 
hnd been formerly held, but became aubjoct to certain payments to Bcme. 

TbhUmi mid BBrdaKB Is Ilia PiwvIbcu.— In like manner aa the Ager 
Publiciu in tlie Provinces was in most cases sdzed by the Komans, so they 
appropriated the revenues which liad been rused from other sources in the dif- 
ferent countries when independent. Snoh were the duties levied on exports and 
imports, the profits realised from salt works, mines, and many other objecta 
which would Tary in different localities. 

In addition to tbe land-tax paid by the provindals, they were often mt^eeted 
to a {ooperty-tai:, (IViitifUTn,) which was levied from eaeb individual inprt^wr- 
tioD to tlie amount of his means. For the purposo of ascertuuing the necessary 
data, a provincial Census became necessary. To this we find many allnsiona in 
the classical writers, ' aud every one is faniiliar with tbe narrative of St. Lnke, 
whioh mfbrms ua that Joseph undertook the journey from Nasareth, which 
immediately preceded the Nativi^, In order that lie might be rej^elerfd at 
Bethlehem. 

But not only were the provittdals required to pay a fixed sum in tbe Ibnn of 
Und-tax, property-tax, and other well defined imposts, but ttiey were liable to 
various demands of an arbitrary character, which varied lor difierent times and 
iSfterent plaoca. Thus they might be required to provids winter qnarten for 
tioope, to equip and msjntaln fleets for war or traiuport, to afford sappUes for 
the table of the governor and his retinue, (/ramentum in celiam,') and to labmit 
to many other burdens which were pecullarlygailing, since they were, to a great 
extent, regulated by tlie discrctiou of Iheir rulers, and therefore could be, and 
often ware employed by them as engines of intimidation, oppression, and 



1 Clo. In VoT. IL 31. ST. S3. IV, 10. ST, pro FUcc la H. Sa K. «), In Plun. 3>. d<1 a F. I. 
l.iSLUlbli>.lII.7.a FiDl. tt, Flunlnln. IG. 

* ». Cl«. In Van. IL «. H. Hq^. U*. EpiL CZXXIV. CXXXVIL flln. Epp. X sa 
III. inon Cbi. LIIL n. ft- *. •• 

a CIS. fro la. Man. I4.DIT, In Q.C. tO. Id V<rr. [. 3^ 3i. II.M. 1IL».8U W.iT, V. );. S 
N. ll.sItpi*yiMc.lS.I*, Fhlllpp. XL 11 



m 

PHrllsgaa aq]*rcd bj PBnleBliir C'cHHoalilH (■ ika PMTtoaa*. 

AltboDgh a Province u airhole was subject to the control of the U<r orlaml^ 
which it was constituted, Bod to the swaj of the governor bj whom these Um 
were administered, jet almost every Province contained within its limits oom- 
nnnitics, wliich enjoyed special privileges. These commanitiM, Tor the most 
part, belonged to one or other of the following classes : — 

1. Manicipia. — On Munkipia in general see p. 120. With ngard Ui Um 
provindal Uumdpia wo can say little. In all probabilitj, no two of these towitt 
had exactly the same constitution; but th^ eommon charaoteristio was tht 
right of internal self-government. 

2. Colordat. — These, as in Italy, might be tilher Coloniat CivaiBi Bmtum- 
orum or Colaaiae LaCiaae, or, in the frontier provinces especially, CoUntim 
MilUaret. Seep. 118-120. 

3. Civilatei Liberae. — These were dties or oommnnities wliioh, by ft special 
law, were, in return for some benefit conferred upon Kome, or &om motives o! 
policy, permitted to administer their own aflsiis without any interference npon 
the part of the provincial governor ; and althongh snigects of Some were no 
more under his Imperium than if thej had actually been living in Kome. Thus, 
Byuinlium and Cysicus both received Libertai, as a reward for thur good 
service in the war against Mithridatea ; but Cyzicns forjttted this privilege during 
the riiign of Tiberius, in cousequenoe of alleged misconduct (Cic de Prtir. Cons. 
8. 4. Tacit. Ann. IV. 86.) 

i. CiaUuUa /mmuhei-^TIiese nere cities or commnuities which were exempted 
from tlie taiei and other imposts for which the ordinary inhabitants of the 
Provinces were liable. JmmumUu was by no meant neoessarily a consequence 
of Libertai, for a state might be ■ Civitai Libera and yet heavily taxed. Thos, 
Byzantium, which enjoyed Libertiu, was so overwhelmed l^ the public burdena 
imposed npon it that Claudius saw 6t, upon petition, to grant it an exemption 
from tribute for five yean (Tacit. Ann. XII. 62. 6S.) In like manner, a 
Civitat might be iininunu without being LSiera. 

6. Cicitata Foederatat,—\]i ciUes and communis weie comprehended 
under this title nhose position with regard to Rome was defined by a trea^ 
separate and distinct fnm those laws which provided for the general regnladon 
of the province. The fact that a Civitas was Foederata did not necesiarilj 
imply the enjoyment of high privileges. It might be Libera or /mnuMtt, or 
both, in vinueofila Fo«dus; but it did not follow as a matter of coune that it 
was dther. Cimiatu Liberae, Civitatet Immuna, and Manicipia were some* 
times all included in the general designation of CipUalei FotderaUtt; bntf 
generally speaking, the rigiit imphed by L^iertaa and Immimitaa wne perfto^f 
simple in themselves, and were the result of a firee pft, which might be cancdM 
at the pleasure of the giver, while the condition of the Civitatet Foederatae wu 
secured by a formal trea^, and the relations established were fiequentlj of a 
complicated nature. 

KBHb«r*rPi*vlDCcs BBdw iha Bepabllc. — 1. Tlie earliest Province wM 
that pOTtion of Sieitia which had belongnl to Carthage, and which was ceded 
to Rome at the close of the first Fnnic war, B.C. 241 ; but after the capture of 
Syracuse in B.C. 212, and of Agrigentum in B.C. 210, it embraced the whole 
i^and. 2. Sardinia and Corsica, subdued in B.C. 238. S. Hiipania CiUrior; 
and 4. Hiipania UUerittr. The exact period when these were constituted 
Provinces is nncettam ; bat it was probably in B.C. 306, when the Carthaginiana 
were finally subdued. Uvjiwiieo treatinsoftheerentsofthatyearsay) — /tofM 



825 

(Tjw prvaa Somemit mla Prmiaciartim quae fUMfem Omttnniu mZ, pot- 
trtma ommiun, niwfni demum ottaU, duetu aiupicioqvt Augiuti Quiarit 
ftrdomka vL 6. itfocedonia, •Ithongh rally aubiDgated ■> eany m B.C. 168, 
wu not redneed to the form of a Frovtnoe imUl B.C. 146. 6. lO^wn, oallaa 
•bo JiJa&nalia, ■bont the aame time ■» Hsrcdonia, 7. Afnca, tSoK the 
daitnictioa of Carthage bjrSdpio in B.C. 146. 8. Alia, in B.C. 129. 9. (ToOia 
ZVonioipnui, oomprdi«ndmgorigiiiaU7(B.C. 121) the oonntrT of the Allo1v(«M 
onlj and the waih-eaU tomes of GaoL In (»der to diitingniah it firom the ot£er 
drriiioiii of that coonby, this iru Bometinies tenned Gallia Narbonerttia or, 
eiDpbstically Provincia. Ckmt oaiqaered the whole of Gaal and divided it 
toto three ProTinoea. 10. Gallia Ciaaljmta wu Bubdned u early as B.C. 190; 
bnt we are luiable to fix the period wbai it became a ProTinoe. It oeaied to be 
a Piwinoe in B.C. 4S, when it waa inclnded witbia the limits of Italy. 11. 
Aehaia., althoagb fiilly under the eway of the Somaoa after the capture of 
Corinth, B.C. 146, did not beorane a Prorinoe for some yean snbaeqaent to that 
date. \%. CiUcia was oertainly a Province u eariy ai B.C. 80. IS. BtdimW] 
iiiB.C.74. 14. £yui,inB.C.64,aftarthec(H)qneBt«ofPompeiiii. 15. Crela 
and Ctptnaiea, in B.C. 63. - 

Of theM fifteen prorhiixa, wren were in the year B.C. 51, Proeineiae 
Camulartt, via. the two Ganb and Qlyticnm, the two Spaina, Cilicia and 
Bithynia, which now iudoded Pontni. The rtmuuder wen iVo^uteiae Pne- 

Idtw* wlik rmgmt* i* ik« PrcrliHca— In addition to the lawa which 
defined th« otoltitatiaii of aaoh Provincs aqiaistdy, general itatatea wen paued 
fton time to time, whioh applied to all alike. W-theee the mod important 

Lex Sa^onia de Provtnnu Contular&ta, pasted by C. Qraoahoa b B.C 
' ^123, winch enacted that, in each year, betbre theeleotionofCocinil* took plate, 
the Senate ehoold determine what two Piovineea wtte to he aadgned to th« 
Cmanli abont to be ohoBNi, and that the Conmli after ihrir election ehonld, t^ 
mnlnal agieemeot, or by lot, dedde which of Iheae two novincea waa to be 
•adgned to each. Thai, we read in Sallort (Jng. 27) — Legt Sempn ta 
Prmmdae futuris Comul&ui Nutnidia ataut Italia deerttat. Tbe ofge of 
tldi law wai to pnt a atop to the intrignea and coimpt practioea by which Conooli 
elect were in the habit of endeavoaring to ioduenae tbe Senate to grant than 
thoae ProvinceawhiGhwerstihely to be moet agreeable or mo«profitaUa,witlNQt 
regard to tbe intereite of the public lervice. ' 

Ltx ConuUa dt ProainaiM onSnandii, pauad by Sulla, The proviilaai of 



1. It Umiled tiie amount to be expended by provindal eommonitin in aendhlg 
cmhaMiea to Bome for tbe pnrpoee of prauing their govemoti. 

2. It declared that thoee io whom Frorinoea h^ been aaaigned in tennaof 
die Lex Sempronia ehonld be allowed to retain their Isgterivm until they had 
entend the dty. Thu* we find Cicero letainiug hia Imperimn for many mODthp 
after be had quitted his Province and returned to lUij, in the hope of bein^ at 
length pormltted to oelebrate a triamph. 

8. It ordered a jnvvincial eovemor to quit the Provinat (c&oadkn) witUn 
tUtr days after the airinl of hk mooeaior. * 

lOOailMT. Oi>iii.iaf(aBaIk.n.adF«B. L}. Oiat)ra«iM,» 
■ <B«.aakB.L*.IU.4V.n. 

L ,l,z<,i:,.,GOOgk" 



SS6 

Lex ifiHa dt Prmateiu, piMed bj JiBni Cmtr. In An, or in Ab Lot 
Mia de Jiqaettmdii, it wu naotod — 
1. That ■ pTDTinoiil govt nor, on quitting his Frorinat, miut niake np thne 

Xof hi» acconnti, and depodl two copies ia the Pnninoe, (rationa ctm/eetat 
uma deponere,') oae in Mch of the tiro ohisf townt, the thiid to ba 
depodtad in tba AeTariian at Bome (rafumu ad Aerariuni rtfem.) Thna, 
(Smtd telb ni that, in obtdieoce to this law, he leit oo^M oT hia acconnia at 
Laodhwa and ApamM — lac niieiat, vt apud dtuu eiatUitti, Laodicauaii et 
4fMRwm«M, qiiM nebU maxmae vid^taitiar, guoMom Ha necaae trai, 
rotiiMa eon/eetat eoHalat^pu d^ontrtmm. 

S. That, in the Fnetonaa Frovinoca, th« gannar Aould not nmaiii bc^tnd 
Htn ipiM of OM jtar, and m tba Conmlar Pmrinoea not beyond two yaan. 

8. That no goTcaiKv ibonld be pvmitted l» naiiTe Atmm Coronariiim 
flmn luf PrariiMei nnlil after a bmmidt bad been actoall; voted him hf the 
Sauta. 

4. That it ib(nildnDtbelawftlAraPno(n(BlargaT«niarto.admfaiiit«Jutiea 
in a Civittu LAtra. 

Bj thia, or tome other Ltx luUa, the amount of aooomnodatitm and aoj^liei 
to be affiirded to Boman govNnon wImo jonnKrring to their FroTiiiaea, bf the 
Uwna and atatea throng whidi the/ paseed, wai imetlj apedfied. * 

In B.O. 63 the Smt^ in Older to Tepreae tht oomipt ptaotieei whidi, not- 
withatanding the operation of the Lex ^mprmtia, ttill prerailed with rmtd te 
die diatribmion of (he Frorineee, paand a TeaotDtioa, that no Conral or Fneun 
abonld be allowed to enter npon ue gorerinnent of a Frorinoa nntil Itn jean 
had el^iaed from tiie period when he had held office in the dty ; and that, in 
erdntomeet Ihedemandaof thejpnblieaerTicein thameaDdme,allpai<»*who 
had held the office of Cmuol or Fraetor preriona to the year B.C. 66, and had 
not nt aeted aa prorindal govemon, abonld be leqniied to anppljr the ti 
Li thia maniHT Cioeio, madi againat hia wiihea, waa oompeUed to leave noma 
in B.C. 61, inordet toact aiPnicMiiDlofCilida.* 

Tha FiwiiacM ■■dar ilie Bxvln, — AmngnnKite entirely new wen 
Introdaoed bj Angnatna. The whole (f the Frormoea were now divided into 



1. A-MnacMie /Rperotorkw, whidi were under the direct and adia emtrri el 
tha Emperor. 

i. iVomaeta* jSMatortaa, whioh were adminiatered bj the Senate. 

ne Provaciae Iv^ieratonat comprdiaided all the mmtier Provineaa wUch 
reqairad the ecoalant preaenoe of large bodlea of tnofi, Theee aimito, and the 
hovincM in vriiidi they vreie qnactered, were Mmmanded bj military offieera, 
w^MLegiUiCaMaHtotL^atiAugiuti, who were named by the Emperor, he 
himadf being commandw-in-diief of sU the uniiea of the atate. Tha reveanee 
of theee RiOTinoei wan recdved by Itnperial agenta, tenned Frocnratoret 
Caaarig, and the proeeeda were pud into the private eiclieqaer (Fitetui) of 
the PiincK Bebe of Ae aaaller imperial Frovinow, or portiona of tha larger 
Bravinece, auah aa JndKa, in which the pneence of a Legatut was not held to 
be neoesaiiy, wen ruled by a Proeuralor alone. 

The AvkneuM SauHoriat wen thoae which, bmig in the ei^t^ment of Icog 
■Nbliihad peace, and removtd to a ■^'*'f" ftwn fbrtign foee, did not reqoim 



a don Cui. XI. sol 4a u 



mpKomow. 2S7 

aj troc^ except niah u mm aDpk)7ed ftr pnpcwM of ihow or of PoUoa. 
Hmw, ■> fbnnraly, wen goreniod by penoni who bM held the office at C(»ub] 
oc of Praetor; bnt all uicli governors were now, withoot dutmctioii, rtjled 
^^ Proammle*. ' Tbef were tktteoded by Qoaeftms, who noeired the rerainM 
•ad paid them into the pnblio Aerariian, whioh wu managed by the Senate. 
With the axoeptioD (AaShUtj dntiea, the fanetiona of the prDTinaul Proeonanlf 
Timdei the empire weie mneh the lame u mido' the repnblio, thej had the Mme 
<eiMnial mam of bononr, were attended by a numaou tetiaDe of pawnal 
'idlowen, and received eqoipmenU and allawanots frooi the 9enal«. Th^ 
Mjointmnt wu for one year, and wai nominally regulated tnr th« S«Dal«i bnt 
If the Empenr tbongbt fit to interive, hit widMt were nerer (uqrated.* 

In additidi to the ordioaiy imperial Legati, and the Seoatorial Procontulu, 
the Empenr and the Senata ooi^ointly BametinWB granted, for a tiine, eaprame 
power DTV a number rfpronneM lo one IndifidaaL ThtM, nndtr Tiberini, tba 
\ wbob of tba Eait waa eonmitlad to Oemanicai, and under Hero to Onbolo. 
^ Tfifli ngaid to the former TBdttwthiw«rpT M »e»binndP—J\omfaieretefiifrMi 
penmuae Germameo Frovmaae qaae man dnridmtitr, mcuvgue i n yeriw, 
quoimo aditttt, quam w qtii torte out mm Prinapu obtmtraa ' — wMrtt the 
WW (orfe indical«a the Froaontals. 

AH pnrrindal goTODon nnder the empin an fteqaently inahded nnder the 
general title i^^oendetiVocnicuirum,- hatPrattaia man fteqaently emplmd 
with refaeneelo Iheinipaial gorerntn, and ercotnallj denoted an infaiu' <laai 
of lAaen. Many other terms, aaoh aa Inridiei, SMora, Cometoru wera 
inlrodneed at different timea; bat npon tbcN we oannot «iter iMre. 

Changei oocMioaally took pUoa in the dSatribntion d( tb« Froriiuxa ; bnt, 
•eootdinff to the original dirWon, tba Anotonoawwe twelve in number — 

1. ^fiva, — 2. Aaa. — 3. Himcaua BmUco. — i. OaiSa Narbmuntia.— 
S. SlaUa. — 6. Sardinia. — 7. lUyrietM and Daknatia. — 8. Maetdtmia, — 
9. AiAaia.— 10. Cntaet Cyrmaica. — 11. Ogprvt—li. Bilhynia tt Ponbu. 

The Irnperaloriae were also twelve — 

1. Hitpama Lvtitamca. — 2. Hiaania TbrroeoiMMW — 8. OaJSa Lug- 
1tmaui*.^-4. QalUa Btlgiea. — G. Norievm. — 6. Paaaoma. — ?• VmdeUiMi 
a Sh&ttia. — 8. Moetia,—9. AlptM MartlnuM.— 10. Oilteia.— 11. Gaiatia. 
—IS. Sgria. 

lUyrieitm and Dabnatia were aooa trannfa ra d to the Emperor. I%eriaa 
took Aeiaia and Maoedema from the Senate; but they wen redond by 



Qermartia Superior et MrrioT, on the left bank of tba Bhine — Cappadoeia 
— Maarilania — .^cta — CoOiae Alpet — Britannia — Commagate — Thraeia 
— 2>ocia — A rvuma — Arabia — Me$opolainia. 

Italia waa nokoned aa a province Bom the time of Hadrian. The peaitlon 
et-^gnptut waa altogether peculiar, fam the pviod of ita final nbjugatloo 
it wia regarded aa a private ettale of the Emperoie, rather than aa a part of the 
dominiona ot the Soman people. It waa placed under the iway of a Prae/ietm, 
called frequently Frae/tetut Avguttatit, who waa nommaled by the " ~ ~ 




UIL l& LX M. 



■Dd dboMi fnim (ha Equestriaa order. No Senator or Eqnn of the higlia: diM 
wu pennitled to «aler Egjpt nithonl recciring exptcia permiiuoD from the 
Prinoe ; and Tiboin* *h«qdy ranked Germuiiciu for having ventured to vint 
AleiBodru irithoat leave. The canae of thew Jealona r^oIatioBt ii briefij 
explained hj Tadtiu — Atimilat inter aiia dominationii arcana, vititit nui 
ptmusm ingrtdi .^enaUnwiu out EqtdtSnu Romanit TUattribia, tqxauit 
.£gyptmii,ne farae urgent IlalhmqtiUquu earn Prvvineiamclaujtragueterrae 
ac marit, quamvii lent j/raaidio aavtrmm mgeida exercitui, imeda$el — and 
in another panage — .Egyptian copiaiqtu, quiba* eoercerttur, iam Tniis a Divo 
Aa^utlo, E^iUt Bomani Dbtinmt loco regnm : ita vitunt exptdirt, Proomciam 
aditit diffialem, amonat ftevndam, tuptntitione tt latcivia ducordaa «t 
atfbiUm, intcUim te^iun, ignaram magiitratatim, domi Ttluitre. ' 

■Hfl'erat ■ppUeBttoaa mt lbs twK Pneaual mder Iks BbvbMIc. — 
It maj pment oonfb^OD to bear ia mind that the tenn Prvcomid ii nnifonnlj 
Nipk^ed to denote ao ludividnal who, althongb not aotoall; holding tlie offioe 
rf C(ranil,«sffdMdmMMiiepanieiilBrlocalitj all the powers cf a Conaol. We 
nMj dietinniiah tbnr vaiietie* trfProconmla. 

1, OocaSouaDj a diitingniahed leader who was Privahu, i.e. out of offioa, 
bat who, at lonie former period, had held the office of Consnl, waa ipeoiaDr 



amniDted to perform tome particnlar dut;, and waa fir &at purpose armed with 

me laoiB powerB which he wonld have wielded had he been ■otnill}' Coosiil. 
Ihna, T. Quinotiua, who waa Consul in B.C. 466, wae haetUj despatched fiom 



Boina in the oohtm of tbe following ;ear to rdisre Sp. Fnrina, who wu beuegcd 
b hit oamp bj the AmdI, and, in eo far b« neceeaarr for the aocompliihment t^ 
that (^eot, waa armed with the powen of a (knunl — Optimam vitara at Pro 
CoHBUUI T. Qwiidnan tiAiidia eattri* cum loeiaU extreitu miiti — (Uv. III. 
4,) and iriwa tbe cAtjeot was aocompliehed tbe power ceand. So abo I\)mpdna, 
in B.C. 67, tbrM jean after hit contolibip, was invested b7 the Lex Gabinia 
with the title of i^vemml, and with veijr ample powtn, in oiitx that he mi^ 
pnueonte the war against the pirates (Tdleins II. 31.) 

2. It hutpened, in some veiy ran instaooei, that a private individual, who 
badneverbddtbeoffieeof CoiLSnl, was sent forth npon a nAsuon ae a ProcoDinL 
Ibia came to paai in the ease of the elder Sdpio Abicaoos, who, in B.C. 211, 
waa sent into Spun as Frooonsul at the age of twentf-fonr; and again in the 
eaae of Fompeina, who, m B.C. 76, at ^e age of thirty-one, before be bad held 
anjr of the great offices of state, was appcnnted Prooonml to oondoct the war 
against Sertoiini. See above, p. 216. 



. When a Consul, at the close of bis year of offioe, had his Imperintr 
longed, in order that he might be en^ed to cai^ ont some nnderlaking 
above, p. 216.) he continoed to oommwd with the 1 



imple npon recocd is that of Q. PahliUos Fbilo, B.a 826, (Liv. VIII. 2i 

.) and the procednie sobseqaentlv became common. 

4. Towards the ckae of the repaUio the Consuls nsnallj remained in the d^ 



daring their year of office, and »Het Ibia had expired proceeded, as Froconsids, 
to aasame the govamment of a provinoe. 

It win be aem that tbe Proconsols who bekoig to the three first beads wen 
offioan who recuved extraotdiitai7 appointments in eonaeqiuoce of a special 
decree of tbe Smate, or of a Bogatmi mbmitted to tbe people, while the 

ITMtt. AiuLlI.ltLZIL«.HM.I.lL Odbp, Ut, Bftt OXXZnL TeMealLK 
BlnOm.IJ.KUn.lt. 



y«oooimn«— PBOFUBtoia, eto. 8S9 

Roeo Mu la who belmig to the ibmlli clau wera, fbr ■ eoiHidenUo pariodi 
qtptnnted h amttterof ordmaijroutiiie.' 

A contTOTenj bu been nutintained bj grwirniriMn, both knmeat and modeni, 
whether it u more ciHTect to omploy the &aa Pro ContnU in two dUtiact wotda, 
OT /Voanuu/ declined M anordinarj noun, or whether o»oh ie in itsetf ccrreot, 
bat the ugolficuion different. It a mfBcient hers to lemaifc, without enterintf 
into deUiU, thnt if we conmlt insoriplions and the oldaK HSS. we shall Sua 
both kitmi need indiSerantlj bj the best uthois to mnva^ the ume idea, It 
being obecrred that Pro Cotuile can be eoqtlojed onlj whv tlta Hntenet ia 
thrown into a particular ihape. 

Intrrekns' •<^<h« tcrw* CaaiBl, P rmautr, FT*e*BiBL Pr*|Hact«',— 

A Proconsul ii lometimee Xjled Consul, aa b Liv. XXVL S3. XXTIU. 89 ; 
bat thie maj bo merely an oTersight or an inaocorate ezpiMlioiL 

A Procotanl a aomctimee tilled Praetor, as In Cio. ad Att. T. 21. ad. Itm. 
n. 17. XIII. 15. In thii caw Pra^or ia probablj emplivrsd in its gimeral and 
andent signiflcation of Central or Commander (gee abore, p. 1E70 

On the other haad, a pranndul gavemor is MotetimM »tj]xa Proeoml, 
although he had never held anj offico higher than the Praetonhip. Thoa, C. 
Semproniot Taditanai who was elected Praetor for B.C. 197, (Ijt. IXXII. 37,) 
Ea soon afterwanle ipokoi of (XXXIIL 26) aa C. Sempromum Titditanum Pro- 
ammlem in CiUriore Sitpaaia ; and in like manner, M. FnlTiua, who waa 
deeled Praetor tbr B.C. 193, and recdred Hitpauia Clterior as bis proTinoe bj 
lot, (Liv. XXXIT. 64. 65,) i* called, the foUowiug jear, M. Fulviiu Froeonsul 
(Liv. XXXV. 2S.)' Thisapparent incomiatencjr it gienerallj, ifnotalw^e, to 
M explained by the fact that Che Senate, when the conditioa of a Praetorian 
FroTmce was such as to demand the influcDce and might of the highest power, 
were wont to inveat the Praetor, who wai about to take the command, with 
Proeomulare Imperiam, thus entitling him, daring the period of hi« govemnient, 
to bear all the insignia and exercise all the aathority of a Consnl. Hence, Q. 
Cicero (the brother of the orator) who, after having been Praetor, aoted as 
governor of Asia, is styled indiflenmtly Propraetor and Procmitul, the former 
denoting the office which he had actually held in Rome, the latter the digni^ 
which he enjoyed, and the power which he poseesaed, in his pTovince. ' 

niTSSIOB lUaiSTRATKS UlTDEB THE BKFTIBLIC 

la addldoD to the great (Unctionariea, wboee duties we have described above, 
there were a considerable number of officials who performed tasks of an impor- 
tant, but leas dignified character. These were comprehended under the gettna] 
dengnatfon of .UinuTM Ma^tralia;* bat we must careAilIy distinguiih this 
ttae of these words ftsm the mora extended application of the same phrase, as 

I II viu ha gitbard fMB whit hu baa HldaboTi, thus Piwnnl ammct tba luliiila 
sthliaBnuKwiiulwqBlllwl tInsItT; In( tacmaldsnralia no poair.elTlliiTinUltin, 
•utpt vIllilB Ui( llmlti of hi* PraTliiM. Htnulntd. honrtr. both hli Imprrtamtai lb* 
■Mvard (TDiball a( lila dt(Blu nnill k< rttnMml thi ollj. That n\m ipplitd la lb* 
FrwBDnlor th* tiBpIr* u wiO ■■ nf ttia npghjls. Tli< lUtemnu of tllplin ■ndlittnot 

^ne nn ii uBTiam M tmi M iwrffmitt jff'mlt Imp t rimm Plplin. Dlitit. LxtI 
MAn,vfL1. t. U>. XLV.U. Tult. Add. IIL It 

■d AiB. ZII II. I*. SlIL 7a TO. <Cuttu ml Alllmiu.) 
■ ClftMaF.L1.daDlTln.LN. Saat. (Mar. 3. ssmf^ Vdktai n. «. «>. Cla FUllRi. 

« Cla. da lam- OL 3. Ut. xxxaia XXXVL a XZZIX. la •wt.CMs.U 



S80 

upluned *i>OT«, p. 218. Of tlM Minoret MagiHratui, In the mtrioted mbm, 
the most ooiupicaoiu were— 

I. IrimmrbH Kmrttmiam, institated, aoootding to IJT7, about B.C. S8ft. 

TheM maf b« regarded as potioe oommiuiaoen, sabonlinate to the Aedile*, 
Among the talks epeaiallj imposed npon them were, the charge of the gaob, 
•nd the esecolion irf Uiose eriminak nho wen put to death m prison. Tb^ 
txerdaed jniudiotion, lometimes of a enmmaij oharaeter, over ilavei and pere- 
gtiu ; thor tribanal bdng plaoed beaide the Colmmis Hsenia ui the Fonnn 



^M« abOT«, p. 19.) Thef ^pear to have presided at prelinunary investigatioiu 
'u: and other hdnoiuofiteoeaagauiat the penon; the? oomnutted ' 
, and oaoaEfamaUj acted as piuilic impeadiers. lliqr 



txiitvd onder the aaiiier «mpann ; and we h«ar of them in imoripturas ai 
!• tbe third century. ^ 

n. TriaBiriri N«ei«nM are gBnerallj believed to have been diitinct fiom 
Ibe TBiUJfTiBi CAPTTiiLEe, and to have been speoiall; oharged with preserring 
tiie peace of the aXj by night, patrolling the stieeta, aireeting thou whom the^ 
fdnnd prowling about nnder suspidoos mrcomstances, enfbrdng precautions 
against Are, and taking prompt measnres fipr quenching oonfiagnttions whltli 
might arise. There oan be no doubt that this magistraof is distinotl; mentioned 
bf lirf at a period prior to that whioh he fixes for tbe inititntion of the 
Tnamviri Capilaia ; but, on the other hand, the same historian, when giving 
an aooount of the panic which arose in consequence of tbe disclosures regarding 
the Bacchanalia, details certain duttea imposed upon the THummri Capiiaiet, 
which must have devdved npon the Triumviri Nocturm bad they beeu sewata 
officers — Triumvirii Capilatibiu mandatam ttt, ut vigUita diaponerenl ptt 
urbrm, lervartjilqueittqianoctarmcoetasjierettl: ntgue ab incenaiii caveretiof 
adi-atoresqtu TnuMvint Qitinqueeiri tiii eu ITWerim nine quiaqm rtgionu 
aedificiii praeaaent. MoreoTer, Triumviri Noctumi are not included in tbe list 
of Minoret Magittratut, as the}' existed before Angnstos, given hj IHon Cassina, 
although he distiuctlj desoriba the TWumi'tri CapitoMt — oT Tt rpie ii tAs 
no Smtirw i'lxas -rpetrtTaYftini. In very many oases where allusions an 
mode to the subOTdinate police magiflratei, they are spoken of umplj- aa 
Triumviri or Treviri, without the addition of any epithet.* 

III. UnatHarrlri Vtl> la Vrbc VarfmrnMrn. 

IT. Damarlti TUi nnw VrkaM FwKiuiilb. 

Thew must have moled directly under the orders of the Aediles (see abon, p. 
191.) The former, as the name implies, bdng charged with cleansing the stnst* 
witbLa the d^, the latter those in tbe snburbe.* 

" ~ ' ' "1 tadlraadih — Pomponins asserts that this contt 

dtmian of tbe offioe of Praetor FertgrinuM, and at 
• with the Triitmviri Capilaia, Many antiquarians, however, 
bdiCTC that the board existed &om a much eariier period, and that it is alluded 
to in tbe Lex Valeria jftoratia passed immediately after the abdication of the 
Deetmairi Legibta Serihatdit, iu B.C. 419— {/( qui TrUmnii PUbiM Ae^&iu 

I Ut. EpIL XI. XXY. I. ZXXIL «. XZXIX. It. IT. da. !• if*. TIL t. in Q. 0. DIiIb. 
IB. uid not* of Fund. Amu. an Ctaint. la Ansn. wnmnit, In lUloiL Tuto. L,l.r. 
• SI.IX.(S9i tan. t.t. SacranumiM, f. tU. flilliit Cii. U TwIL Aon. V. S ilfris. £. 
inxt Cimtro.. IIL la ViLMu V. I*. 7. TLLID. VIILlT.Z Spu-UuL Hvlrlu. L IV 
III, a Pompon. DifU. L U. a | 3a PlaiiL AnL UL ii. t. Asbi. L U. I.- 



".OOglf 



2S1 

JtuSeQmt DtetBtvirit itoaduet ata e^utlovitacnantuet: famSaadatiem 
Ctreriit Liberi labenumt voiim ■ref-4n whiah OMt thcj mnrt tiave bm 
Tkboan nugistnUB. Tbej am oMioed I7 (Soero, bnt not in Mali • nMmw m 
to4eGiifrtlwiiatiR«ar«it«&tof tbdrjnriadiodon, and llie wixdi of Pomponbi 
TIbU do Mtu&(io(7 Infinmalioit — iTmde fMon mm( iMoemirRU MajrmraAw 
Mt Satlae pmtatet Dtcwtmri m litifitM Axficonfit tual amttUttti. Br 
Angnatiii tbaj iwe placed at (he bead of the CcnAiMmrt,wbo will bementiaaM 
mwr« pvtianlarij wbv ir« trealof tha aiirnhbtnttioii of jmtioe; bat fbt(f tSk 
AziftMaaaMpatalaaiidiikdqMiident bodjdown to theenaitftlMfifUioaDniiy. ' 

VL T i tm m r iM i ihshmbIm — CommMMonew of the mint, to whom the diMge 
of ooinlng maaey was oomnutted. The Damaa of indirldnalt holdiiig Ihi* ome 
qipear freqantlj npon coiiu ttrmk Ttty neu the doee of the oommoDwealtb, 
whh the addition of the letteti A. i. A. F. F. denoting Aaro ArgtnU Avi 
Fhndo Feriundo. Pompoiiiiu itatea that the^ went mititnled at the eaBW 
period witlL the Triumviri CapitaJa; (EC. 289 ;) bat if thii be the ease tbaj 
ooold not have been, aa ho laji they wars, aerit argenli mtriSatorti, for eilrw 
WM not ooiaed, aooonUng to PUd;, ontil B.C. 269, and gola not until a mat^ 
later epoeh. Th^ an alloded to by Cioero (Ad. Fam. TH. IS) in a 00 
joke, when waning hia friend Trebatioa agauut eoooonterii^ the wariike n) 
of the Trariri in Gaol — ZVenroi vita eaaco, audio Cofib^ ttM, awttan 
ours, aert, argenio ttsent, Thennmbnof theeaoSoen waa inonaeed 1^ Jtdina 
C«ear to fbnr, as appean from ooina etrnek while be held iwaj ; bnt it wm 
again radaoed to three by AngmtD* (Suet Caee. 41. IKod Can. LV. 26. 
Pompon. IKgesL I. iL 3. S 30. Plin. H.N.XXXHL 39.)> 

In additJon to the above, who leem to hare been elected regolarlj ereij rear 
in the Comitia Tribnta, oonumnionera were, from time lo tima, nominatea fi* 
tlie petftmnanoe of tpetaal temporary da^ee, and all of thoM would, for the time 
being, be ranked ai Mmorea Magittratui. Such were tiie oomminitBiefB 
t^ipoinied foe dietribotiiwpnbUa bow, ((ijrnidn'idtmi{u,)ibr planting ocdcoiM, 
{oaiamit dahuxndu,) for oectlnK, dediotting or rep^ring tcmplea, (atdOnu 
/aciundit — dedieand^ — FuEeioubt,) fbr nUering aome eztnurdmaiy pieMna 
in the money mai^et, (TVnnnviH i. QumjHMiri Jfrnanni,) and totuy othen, 
the natnre of whoee omoea aie mffidenllj ezpluned bf the qHtbeta taipl<7ed, 
and by the uamtivee of the hiatoriani by whom tbey an nMotioned. 

Angnetna fi)rmed a arat of txoft or board of the Minor MaotntH, whieh ha 
tenoed the Vt^ntmratut, oomprahending the IllViri CaiSaltt, the IllViri 
MoMtaUt, the /FHH VUt in Vrbt pvrmadi*, and the XViri StSHbm 
iudieandu. The membcn wen seleoted ezcdiirirelj from thoae poueaaad of the 
OouKi EaiuMter, and admiaaion to the body waa ngaided aa the flnt (tap 
towardt pnhlic dtttinction. Hence Orid tdla ue — 



TDBUc sER7.LnTB OP TBB itAGiata&zxa. 
L Secfibu^-Tha moK mipoctant wen the iSbtOm a. Scnbat Sbrariit* Hm 

1 Pompon. IHgm.LIL 3. tn. do. OrM. 4a, da Itgf. nLS._jn OhbIb. a Ot^jn 
doB.W VuTO L.LlX.f&. anaLOsHt.K. DionCuL LIVTm. BUaB.ApaUlm.llv. 



4bUBM«i Htna AitMh nd Kiriia, LItrarM. son|i. Olo. 4g l«(. *(r. U 11^ 



S33 rvBUG UMVAxn or the lUGisnum. 

goreninunt cktb, a MrUin nnmbtir of whom wen atttabed to the Senate, ud 
to sll the diBnent departments of the publio serrioe. Their dutj was to take 
down and record the proceeding! of the publio bodies, to tranicribe eUtfi papen 
of eyery description, to keep the books and accounts (ratitine) pertenbert—eon- 
fieert) connected with the different offices, to supply the mngistrates with the 
written forms reqaired in transacting public business, to read over pablie 
doonments in the Senate, in tlie courts of justice, and in the assemblies of the 
people, and to perform a great variety of screes of a nmilar description. Whe> 
we recollect that the priudpal magistrates remained in power for one year only, 
and that manj of them entered upon ofGoe without any experience or prenona 
knowledge of^nuuness, it is manifest that they most have depended oitirely npon 
their subordinate assistants, who, being engaged permanently in the perfoimanaa 
of the same tasks, would ba able to inform and guide thwr superioia. Aid of 
this description would eBpeeislly be necessary in the case of the Qaaestorship, 
which was the first stap in the ascent to political power, bnt which must, at the 
same time, have demanded nn extensive and accurate bnoivlcdge of a mtdtitnde 
of minnte details connected >rith the finances of the republic. This knowledge 
must have been supplied by the Scribat ab aerario, the chief of whom were 
dtngnated Sexprimi. 

lie Seribae were so numerous that ihey are spoken of as forming a separate 
daas in the state — Oitlo Scribaram — and were regarded as oocnpying a humble 
but highly respectable position in the oommunity. 

n. Llciana. — Via liavc already hod occasion to descdbe the Lictora, as the 
attendants of the Kings, Consuls, Fraetois, and Dictators. Tiiey executed tba 
orders of the maeistralo especially wliere force was required, cleared the way 
befwe him, and £spersed a oroird when it impeded public business (lummover* 
turbam.} When any oiio failed to pay proper respect to a dignified runctionaiy, 
he ordered his lictor to mark llic ofTender, (□niino'/pertere,) and hence animad- 
vertere frequently dcnotca to ceiuure or punuk. 

HI. Aceenai were messengers or oraerlies, one of whom always attended 
Dpon the higher magistrates to convey meassgea or commands. We hear of than 
In connection with Consuls, Proconsuls, Praetors, and the Decemvirs. 

IT. Tlatam were also attendants upon the magistrates, and executed their 
orders. They are most frequently mentioned in connection with the Tribunes of 
the Plebs ; but we find them employed also by the Sctuite, by Dictators, and by 
Consuls. When the lemloiy of Rome extended bnt a short distance beyond tiM 
walls, Vtalora were sent round the rural districts to ^ve notice to those redding 
in the country of meetings of the Senate and of the Comitia. ' 

V. i"™ee«tiB»— criers, were empltreed on all occasions when it was necessary 
to make publio proclamation verbally of any matter. They also acted aa 
anctioueeis, both tor public and private properly. 

Alt the above weic included under the general appeDaUon of .lipparitoref, (that 
ia, persons qai apparmt s. parait magialralSna,') a term which may be applied 
to uie pnbho servaola belonging to any one dass or to the whole collectively. * 
It must be understood that tiie Appariiora were all free men ; many of them 
Ingenid, a latver number, especially ondcr the empire, Libercini, > and as such 
were oompleteiy distinot from the numerous body of Serei Pwblia, who wera 



".oogic 



XBW K&aunuTU dhder tub kupibe. 233 

cmptojed in infbior eiptdlies. The Apparilora were ranked tof^ar in 
Dtcuriat, each Deeuria sppareotl/ comprehending thoae nho were conneotsd 
with one particular department and clua of duties, so thu the body from wbom 
the Lictois of the Consuls wera tsken Tormed the Decuria Coiauiaritt the Socibea 
attached to the Qoaeston formed the Decuria Qftaeatoria, and so, in like maaner, 
we hear tit Scribat AedUilU, Tribanuu Viatores, ha. 

They received pajment for their serricea, ' and kept their plaoea fiw an 
indefinite period, two drcomatancea which at ones distinKaishod them firon 
Uagiitratea, properlj lo called, even of the faombleet gr^e. In whom the 
appointniait of these pcnons was vested, and according to what tenure tbey 
bdd tbdr aitnations, are points on whidi we do not possess satisfactory inlbr- 
matknL Oeoanonally, at teaat, the Seiibao certainlj purchaied tbeir pMts, anil 
henoe the e^iressiona — emert dtcuriam—tcriptaM ^uautorium eomparare — 
dtcariam ^utloriam eomparare ; and the choice m some cases laj with the 
QnaeatoTi ^Msioe Ser&am kgere.) ■ 

An Accemut seems to hisve been iximinated for the time ^x^g ^J the 
ma^strate to whom he was attached, and to have bera tttoally one of his own 



NRW HAOISTRAlfia UKSZR THE EKPIBB. 

We have seen that all the ordinary mag:istiUea of the republic oontinoed to 
exist in name at ieaat for noarlj three centuriee after the o^rthrow of the free 
conatitution, many of tbem much longer ; that they were ostensibly ohoaen by 
the Comi^ and that, aa iti ancient times, they retained offioe (or one year only. 
They were, however, gradnally deprived of all their most important fnnetions, 
Blleastof all which confeiredanyreia] influence. Most of these were concentrated 
b the person of the Emperor; but it became necessary for liim lo posiess organa 
of tlie high and varied powers with wliich he was invested, and consequently 
seveial new offices were instituted. The moat important of these we shall notice 
very briefly, premising that Ibe new ma^stratea differed in at least three essential 
poiata Rtim the magistrates of the oommonwealth — 

1. They were nominated directly by the Emperor, without reference to the 
wisbea of the Senate 6r the people. 

2. Ko limit was fixed to tha period during whi<^ they held office. Tlnil 
depended entirely upon the Emperor, who could dismiss them at pleasure. 

3. Tbe^ possessed no indepcnilent authinity. All their acta wera aai^ect to 
the reviaion and sanction of the Emperor, who could confirm, revena, or modify 
their decisions as ho thought tiL They were, in fact, mcrelr the m' 
his will 



Orisli* af tlie ONIce. — The Imperial Praeftetua Urbi had little in oommon, 
except the name, with the republican m^istrate who bora the same title. When 
Angnatns was compelled to quit Rome in B.C. 36, in order to prosecute the war 
against Sextns Pompeins in Sicily, he placed the City and aU Italy under the 
control of Maecenas, and again, in B.C. 31, he again imposed the snme charge 
upon Maecenas in oonjunoiion with Agrippa. In B.C. ^5 ha estalilished the 

1 CIS In V«T. IIL 7a Pronlln. it Anaed. tS. 

S ClB. lo Vtrr. Ill W. Btuiao. Vlt. tfoHt. Batial. J... 8. V. » Ut. XI. M. Cta ar* 
OlBa>t.4S. 
suikIbVot ni.er.iidAtLlV ■«. ad 0. F. L I. 



2U 

Prae/eetttra Vrhana u a pemuneot office, to be be!d b^ Conmlaru mtj, aad 
bestowed it upon Hewala Corvintu, who raigned in b few i».jt, pleading that 
he felt unfit for the ta«k ; lie was toGoeeded by Agrippa, Agrippa by Statilhu 
Tannu, aod Tannu bj L. Fiio, wbo diachorged hii duties fbr twenty jean whh 
great reputation, and died in A.D. 33. From that time fbrwatd there was « 
regular tnoceseioQ ; and after the removal of the cbief seat of govenuoent to 
Conitantinople, titers was a Praefectus Crbi lor eaob of the espitals. ' Tb« 
original do^ of the Praefteba Urbi was to munttiu peace and good order, 
and lemedy the lodal disorders produced l^ long jmitmAod (iril wart — 

Augmttu remrn poCUus, db magmtudmem popuM ae tarda kgum 

auxilia mmnt i eonndarUnu qui coereeret lervitia et tpu)d ctuum auaaeia 
tarUdum vui vim Titetuat (Taeh. I.e.) Fw this pnipoae bewu Knwd widt 
Mnpla powers for the suppreaiion and punishment of sH offvow whkdi thnataoed 
publio traoquillitr, his joriidiotion extending not only over the d^, bvt to ths 
distance ofa hundied tmles beyond the walls. By degna he beoiaM the Miimnie 
jndge in all causes criminal as well as civil, except such as were reserred by the 
Prince for the special umiidenition of the Senate, and, irith the saristanoe of a 
booid of assessors, (coruiKum,) decided all appeals sent up from the inftmv 
oourts in Eome, Italy, and tbe Ftovicocs. He sUo engroeeed much of the power 
fonneHy committed (o the Praetors and Aediles, and, as a matter of course, all 
the police magistrates of every grade were bound to obey his eommauda. TJlpian 
and Panlus, wbo flonriihed in the eariy part of the third centniy, each wrote a 
treatise De Officio Prae/aU Urhi. Theee are quoted in the Digest, (L ziL 1. 
S,) from wbioh, and frota other eomjulations of Eoman law, much inlnmatica 
conceming the varied and aonstant^ inereasiDg dntiw of the office may in 

Tbe Prae/tctitt VrH, moreover, wielded not only dvi), but alao militaty 
power; for he was, in virtoe of his office, the eommaikder of the Vrhanas 
Ctihortes^ a sort of militia or national guard, divided into fire battaliona, of whicli 
we shall speak more at large in the aectioii on miUtaij a&in. 

FKaEFECTCS PKABIOBIO. 

The Praefectas Praetorio, the general of the imperial life gnards, altbosi^ 
disobargiug dotiea of a more simple obaracter, waa, in teal power and inflnence, 
anperior even to the Prae/ectui Urbi, ainoe the socoeiBon U> the throne was, 
in many oases, dedded by the troops nndtr hii immediate command. Of thia 
officer, and of the coipe of which be waa the bead, w« ihall ny niMe in the 
aeotion on military a^rs. 

rsAXFECTua tkuldu. 

Anguattu orgauiwd seven battalions, conuatiag duafly of labertiia, under dw 
Dame of Cohortet VigUum, who watched the city by night, one cohort btag 
assigned to evay two of tbe XIVBegiona. The whole were under the com- 
mand of a PraeftctUM VigHum, dioaen from the Eqnitea, wbo waa himMlf 
subordinate to the Praeftctiu Urhi. ' 

puKTBcrus iximsix. a. kbi rKmaKTAsux. 
As eariy as B.C. 440 we find a commissiouer appointod under the titla of 
IDIobOuXLIZ. I&LI.J LII. II. LIV. s. 19. TulL Ana. VI. II.XIT.U V^Ma 



. iiizcd^vGooglf' 



I^vtfeetiu Antumae to ■ptocaze-provmoDt forlbe d^dming a period of loard^, 
Towudi the doM of the repablio, when Some wu alnroM tntird/ depaodtnt 
upon fcHcign oonntriet tbr omti, the importanee of tecnring a iteadj v^tj and 
n^nlatiDg the price mut have Ibroed itself upon the attention oT all emneeted 
with the goremment. In B.C. 67 a law waa paaad bj whkh Pompdiu mi 
intrnited with the obarge Sn fire jean — Legem CoimUa cowc r i p aennit qm 
I\)npeii> per qimquamium onauipalatiureijhaat^tanattotoorbedartturi 
bat no iNnnaiMirt maeiatracj wai otabUihed for thii. pqrpow nnta Angnatnt, 
haniigUmidftmderttteD the talk — cttram . . . fivtnttui pcpub dimdmdi~- 
vrdaimd that fiv the tntme two PrattorH ibonld b« appouited aunnalfy to 
dittribntc ocm to the people, and thU nomber he mbeeqaendyincreaied to fom 
JEvntoallr he ooDfided the tnut to two CoiuiilarB, uid, in addition to theae, 
oomiuated an Impeotor-genei^ of the com market, who, nnder the andent 
of Praefectiu Annonat, held office withoat liiiutation u to tims, 
ohoaen from the Eqaeetrian order, and wu legaided it occupjing a vet; 
dignlBed pontion. The offioe ooDtinoed lo exist until the down&l <^ the emjnn, 
but latter^ ina hdd in little etiMtn. > 

XXW UVESIOB KAOISTKAtES USUEB THB SHPISE. 

V w nt\» t t M yinrmm. — To theae Angnitns odmniitted the charge of in^iectiiig 
aod keeping in repair the militaiy roada, (aee above, p. 76,) each great hue 
beine intnuted to a leparate indiTidmJ, so that wa read of Cttraior Viaa 
Apptae, Citratar Viae Flammiae, Cvratar Viae VtJeriae, and ao on. iltboogh 
tM office did sot confer anj dii«ct political power, it wsi rej^arded sa very 
honourable, and wu butowed on tluiee onl; who had been Coiumla or Pcaetota. 
Be^dee tbe Curatora Ftarwn, there wu one or more Ctiratora (^tenan 
pabScvram, a Citrator Aquanan, who took charge of the aijoedncta, Curatora 
Ahei et It^xaim 7V>eru el Cloacarum Urbu, i.e. sewer commisaiaaen, and 
mairr otbera. * 

nB|i>«ri TievrwH. — Thew existed under the repablic, and are spoken of 
bj lirj as holding tlis lowest place (injimum genia) amon| magistratea. When 
Aognitns divided the dty into .X/KJi^ione* and CCLXVVid, he placed the 
fbruer under tbe general snperiatendenoe of (be Fraeton, Aedilee, and Tribunes 
of tha Flebe, the latter were cwmmitted to Iocs] Magistri, chosen from the 
Inunbler portion of the population ; {Magatri e PUhe ctdusqtie vidniae lecti;) 
but they occupied a higher position than formerlj, for thej now took charge Of 
the Are police, of the celebration of district rilea, and on certain state occasiooa 
were pennitted to wear the Toga Fraetexia, and to be attended bj two Licton. * 

CTwiBlsrea Crbli. ■. fhiraiorpi RssIcbhh. — The fourteen Auguitan regions 
were placed by Alexander Several nnder the chai^ of XiVC^ratores, chosen ex 
CMifiiJiinbiu vtrif, who were conjoined with ^e Praefectiu Urbi, to whmn 
befbre thia time, the gmeral anpeiinieudenM, fotmerij intmtted to the Praeton, 
4adiles,andTribiuiesoftheFlebs, had been ti ' 



. ,l,z<»i:,.,G00gIf 



TKB EHFEBOBS iXD THBIK THUS. 



It doet not TbU nitliin llie limiu or provinoe of thia wwfc to ioTeRlgata tiN 
came* which ted lo the dawnfal of the rqiublic, niir to eaumente the Taiiona 
proceuea bj wliich th« free oonititnlion \iu oooverted into b milituy deqiotiim, 
nor to enlarge upon tha skill diepUf ed b^ Anputiu 'm orgtouing tbe new order 
of ihmgB asd in providing for tha aUbilitj of the monirchj. It a enoogli Sa om 
preecnt purpose to point out that andet hit ewa^ the whole miriit of the gorem- 
mEDt woe coneeatraled in his own penon, while the Comitia, Ine Senate, and lh« 
Bfi^trstes, although retalnii^ their andent autm and appwentlj diaohaning 
iheir ancient functions according to andent forma, were, in reality, moe maahinea, 
whose evciT movement was regulated and gmded b; uis will. The sncoeMon of 
Anguatus did not deem it neoeuaiy to adhere so dosely to all the detail* of tb« 
commonwealth ; but it mar be gauoed fifnn what haa been add in the preoediiig 
pagcc, that althongh the Tital workings of the free conBdtution were oompletelj 
paralysed, few of the ins^lutione themsdves were fonuallj altrogated mtil tM 
whole ijstem was remodelled by Conatantine. 

The powen wielded bj the Emperors were all audi ai had been eierdaed t^ 
the legitimate aathocitiei under the repnblio, although never before combined 
and ooncentrated in one iudividud, and these powers, whidi were understood Ut 
be recdvcd from the Senate, were expressed by a aeries of titles, whidi we shall 

E recced to examine in succession. It is true that Augustus might have effected 
la purpose completdv bod he, fdlowing the example of SulU and of Ctaut, 
accepted the name and office of Dictator Perpetmu; but tbe name and office of 
Dictator had lieeu formally abolished by laiv upon the death of Julius, (see above, 
p. 183,) and even had this been disregarded, the very idea of aperpehial Dictator 
vita a monstrous violation of the ruuirNmenra] prmdplcs of the magistracy. Tme, 
therefore, to his detenuiiiation of avoiding every thing which mieht give a rude 
shock to public feeling bjr being glaringly irregular and offeiuire, ne steadily 
refused to assume any name or exorcise any power for which a precedent coula 
not be found in the tndinary usacea of the oommoowedlh. We l>e^ with tbe 
most important of the titles mdicated above, that which haa ever dnoe been 
employed by many nations of Europe to denote the highest grade of sovetdgnh-, 
Imperaisr. — There Can be no doubt that tbe title Imperalar prc^ieily 
signifies one inveited ivith Jaiperium, and it may very probably have been 
assumed in andent times by every general on whom Imperium had been bestowed 
by a Ltx Curiata. It is, however, equally certain, that in those periods of the 
republic with the history and usages of whioh we ste meet familiar, the ^lle 
Imperalar was not asemned as a matter of course bv those who had recdved 
Imperium^ but was, on the contrai;, a much valued and eagerly coveted 
distinction. Properiy speaking, it leemB to have bee? in the gift of the soldien, 
who hailed their victorious leader by this ^ipellation on the fidd of battle ; but 
oecasionally, espedally towards the end of the commonwcdth, it was conferred 
by a vote of the Senate. One of the earliest allusions to the former prac^ce ia 
to l>e found in the words ascribed by livy (XXVIl. 19) to Afiicanns when the 
Spaniards were desirous of s^lii^ him king — Sibi Tnaxamait nomta imperatorib 
eue dixit, quo se milila rui appeUasaent ; but the best and most explidt testi- 
mony upon this point ia to be fouod in Tadtna (AnnaL UL 74) — Id ^oqtu 
Blaaotribiat,utiiirKiiAToaalegienibiaaahaaretar, pritcoergadueethonort, 
qui, bene gata repuUtea, gavdio et impetu vielori* exereitiu cone^onuiban/Kr, 
eranliiaepluTessimulIniperatoTei,nKmpercelerorumaequalilaUm. The latter 
prMtice is stated with equal deaniesa by Cicero in many passages, e.g. (Piiifipp 



XIV. 4) — At ti fHU Hupanonan aul GaUorum au/ Thraeum miSt avt duo 
miUia oecidiatt; mm mm, iae eoiuuttwUne quae aertbidt, difekatoseic 
appeBartI SeruUut. 

It ii mMiifagt tbat aa boiiaiiT of thU kimi miglit be bestoned more tlum cmcc 
apon the aamg individnBl, and thoa, on come of the coiiu of Su[k we reaJ 
Imper. IlXSim, on Ibose of Fomptiiu M. simply Imp., an tboee of Ckmt and of 
Bat Punptim Imp. Ites., on those of Antoniai IKvnt. Ihp. nil. Ailer tlic 
power oT Aagnitnt na« fiiUj egtabluhed, the liclfe wbi very ipvingly be«towci1 
on penoMgw not imperial. We find tbat it wu granted to Tlbenoi before liti 
•dqidoD, aad to bii orother Dnmu, tint ipparendy not to Agriiqta. Tbe liul 
wiTBU indiTidDal who c^^^ed it wb« Blaeani, on nbom it was conferred b; 
Ilbtriiii after the defeat of Taef^iinas. 

Angastns and his laccessori constantly assnmed thig title, anj inscribed it 
iraon their OHDi, with tbe figures I. IL . . . V. TI. . . . added Recording to 
antunatanMi, it b^g nudentood, it wonld appear, olthongh the mlr was not 
■triclly adhered to, that it conld be bestowed once onlr in the same war. The last 
Emperor who iuaoibed it on his medals was Caiacolla, if we except Imp. V. and 
Ikp. J., on ccina of Fostmnns. It occnrt oocaaionally, bnt rardy, m inscriptions, 
after the age of Caracalla. We most observe tbat Imperator, when nsed in ihia 
sense, was always placed after the name of the individual who bore IL 

But the deug^ion Imptrator was employed under the empire in a mancer 
and with a force altt^Cher distinct from tllat which we have been considering. 
On tliii point we have the distinct testimony of Dion Cassins, (XLIIL 44. oomp. 
LIU. 17,) who telis na that, in B.C. 46, tlie Senate bestowed npon Julius Cshu 
tbe title of /mnerutor, not in tbe sense in which it bad hitherto been applied, as 
a term of militaiy distinction, bnt as ikt peculiar and befitting appetlation oj 
tupreme power, and m this tigniGcation it iraa transmitted to hu succe«sota, 
without, nowtrsr, tnppresmngtbe original import of the word. Agun, tbe same 
Dion (III. 41) infcnnu as that Octavine, in B.C. 29, received the name of 
Imperator, not in tbe ancient sense in which it was bestowed after a victory, 
but to point out Ihatlte wa»intte»ted wWi ike mpreme power. See also (Lin. 
17.) Sneloniua, in like manner, among tbe eiccssive hononrs heaped npca) 
Jabns Cxaar, reoktms tbe Praeiumiea Imperatorv. 

This last ezpiesnon is valnable, because it points out the fact whiob we learn 
fiom tnedab, that Imperator, when nsed to denote supreme power, oranpre- 
liendiog In hct the fbroe of tbe titled Dictator and Bex, is nsually, altfiough not 
inTarisAl7,plaee4befi)i«th«name'bftheindividnal to whom it is applied. Thos 
we oonatanuy read mch legends lup. Caeb. Yesfaeuk. — lup. Nebta Caeb. ; 
and npon a damrins of the Gem Pinaria we find Imp. Cassabi. Scabpub Imp. 
'^beie the first Imp. ii applied to Angiutns in his capad^ of supreme nilsr, tbe 
Bocond to Scarpns aa a yictwioua genenJL 

Not onfitqiiendy, however, Imperator in thii sense is uaed as a oognomen ; 
thus, we find gmrallj on the coins of Kero, Nebo Cjesas Ado. Imp., more 
rarely Imp. Nzbo Qxsaii, and on tbe coina of Yiiellina wa find inTariably A. 
VrTELLniB GzRMAFiCDB Imp, ; but it may be fiurlr qnestioned, wboi Ikp 
occurs in llus poaitioo, whether it is not Intoided as ine militaij title, tbe more 
ambitious appellation bdng suppressed. Whenever a number is added Ibis it 
unquestion^y the case, as when we read on the obrerse of a medal GnAB 
Vespasiakus Auo. and on the reveno Imp. Xm. 

Not nnfreqnently both titles occur en tbe same coin, one on the obraifh ibe 
•(her «i the terene, ai Iitr. Trrus. Caeb. Vesfabiait. Airo. aad ontbeicrervu 



Ihf. Xf., to in like auuuier Imf. Hsbva Cabs. Ano. and on tbs rervw 

iMp.n. 

' TribaKleta PstsMB^ — Among- the man j hononn confemd npon Julim 
Ctaai after the battle of Fhanali&, the Senate voted that he ihonld poewae (br 
life the poven of a. Tribnne oT the Plebi ; and on the 27tb of June B.C. 23. a 
■imilar vote vim pa«8ed in favonr of Angostiu, and renewed regularly on the 
aocei^on of each ancceeding Emperor.' In virtoe of tliia the penon of the Frinco 
waa at sU ^ea saised and inviolable ; he oonld anminon meetmga of the Senate, 
and oonld at ouoe pot a atop, b; intereeadon, to anj proeednre on the part of a 
magistrate or pubUo aaaemblj which might bt oontraiy to hia wiahee. The 
Trimnilia Palata* of the Emperor, however, diShred materially in manf 
reepecta &om the power wielded b; the Tribnnea of the Pleba nnds the repnUio, 
and waa in ever; raepect eiqwrior. 

1. Ndtber Angnstua nor an; of hia aooaeaion evv aamned the naaie of 
Tribunut Fl^ni, but the attribote TH&unttia PalaUu. Indeed, all the 
Ernperon irere ttther by birth Fatrioiaiia, or were, immediately i^Mni tbciT 
elevation, adopted into a Fatridan Gens, so that Ibn oonld not hKv« baooma 
Dribmii PUbit without violating one of the fimdameotalpriiw^ilea of tbeoffic*.' 

2. The 2>iJ>uniPZ«Mi,&(Mn the institution oflhemagistraoy, altered npon ofiee 
on thelOthorDecember.aadremamedinoffiaefinaneyBaraid;. The TVifcinuIia 
Polaleu of the Emperors commenced on no fixed day and oontinoed ibr life. 

3. The Triimni PUbit ware not allowed to abarait thenuelvee from the dtj 
even fbr a ringle night, except dnring the FtriiM Latiitae, and their jnrisdiolioD 
extended to a mile only ftom the walla, those invested with rHiuni'Ita Poterfo* 
might absent themselves from the city or &om Italy for sny length of time 
wi&ont fbrfeitbg their privileges, and their jnrisdiction extended over the whole 
cirooit of the Roman dominions (e.g. Saet. Tib. 11.) 

It most be bome in mind ajao that while the Empoors were invested whh 
Tribamtia PoUiUa, the ordinary Trihwti PUiM c<«tinned to be dtotan tx 
coitnries, (see above, p. 179,) altboogfa their inflneooe waa merely nominaL 

It was not mioBoal for the Emperors to permit those with whom th^ wtn 
closely oonneoted, eapedaUy their diildren or the individnal selected to M their 
■accessor, to participate in the Tribunkia Polecat. Tbos, AngnttOs bestowed 
it fbr five years on Agtmpa, and prolonged it for an addi^onal five yeaia ; for 
five yean od TUhb^ bnt when the penod bad eziHied it waa not immediately 
renewed; aAerthadeatliofhiagraadnm, however, it was ualngi^ to Hberins 
fbr toi yean, and anbseqnectly continued, nberiosbeetoweditonhissonlhnans, 
Teipasun on Titns, Nerra on Trajan, Hadrian on Adins, and snbaeqnently on 
Anlooinns. It is nnneoessary to mtdtiply examples. * 

The Trybmitia Potesbu waa cooaidered to be in the gift of the Senate, by 
whom it was regnlarly conferred on each new oconpant of the throne, and wben 
the Eo^aror desired that it ahonld be bestowed on ancther, he always made a 
tptitl request to that efiM So oompletdy was thu foim eBtabliahed, that 
Dion Caa^ns keaily oensoica Eagabaloa as guilty of indecent haste, beoanse ha 
asnimed the title witiioat wwdng for the resolntion of the Senate. * 

Caaa^. — We have already spoken of the Consolship nnder the empue, (sea 
■bove, p. 172,) and of the manner in which the Ernperon assumed it St pleaaura. 



• THik i4L IM« Cf. Uzi:l 1. 



^oiizodbyGoogle 



3S«- 

tbt nauB imjifiad no powen whiob thej oonU not txenaM m Imperatorei ix in 
viit&e of the ZVtbunitia PotMaif ud thenfora it wss not thonglit necenuy ta 
mdade it amoar the pennutent titles of the lapreme ruler, Dion Cudoa indeed, 
•Meet* (LIT. 10) that Angustoa received the Coiunlaru Polettat for lift, (jii 
I£blwi'iu rir rit irirui- hd fiiiv iKs^tt,) but this Kema to refer rather to 
the dignity which he eajojed, taA the rigbt of being attended bj twelve Licton 
than to auf RcttuU title. 

Ceumr — ffe have italed above (p. 206) that after B.C. S2 the office became 
rirtnally extinct. Clatiditii, however, Veqvdan with Titns for liii coUeagne, 
Domitian, and Nerva, eaoh received the title ; bat other Emperon were don- 
teot with exeraiung tiw Centoria Potatat tinder the deugnatioo of Praefecd 
Momm, (althongh Ti^an reliued even tiiii appellatioD,) or itfled themtelvei 
Cnuoru merelj while mXaaUj engaged in peifonning ^e dntiee of the Segie- 
Iration. '. Thna, we are told of Aognstne — Recepit et morutn Ugumque regimen 
atque perpettatm: quo iure fuomfuam tine Cenntrae honora Cenram lamen 
popuii ter egit, primum ac lerCmm cum coUtga, mtdium tola* (Suet. Oct. 27) — 
Hid on the HonamflDtmn Anoynnain we read — Senalum itr ligi. 

Pi*»BaaL Pr*caiuBlBi« iBperlna. — Althoogh the title of Proamml 
doca not (with one at two voy dnbioiu exceptions) appear npon the medals of 
the Emperon nn^ the time cf Diocletian, it is certain, from historical recorda 
and other moDnmaita, that they were ngnlarly invested wiUi Proeontidart 



Iimerita 



itM (UU. 82) t! 
AngnatDs, in B.C. 23, it was decreed 

finperium for ever, (v ytftutlm Rmku mitf njr ilfx*!' ''i' Arl^rnTei fi 
tmtira^ fx">i) that it should not cease wben be entered the Pomoeriam, that 
it ihoold not be neoeeiary to renew it, and that, in each Province, this Impenum 
should be oDiuidered mperior to that of the actual govnuors of the Provinces. 
Moreover, we are told bv Capitidinns (Tit Anton. Pii.) that Antoninus Pius, 
after hii adoption by Hadrian— /ocftu at in Imperio Proconmlari et tn 
TVibtuufta PoUitate eonltga ; and there can be no donbt, ajthough the ha is 
not ipedSed m srwv particular oaaa, that eaoh Empeior, on hie accesdon, was 
invested with the Proammlare Imperiuia on the same tame as when it waa 
OTi|mial]y bestowed on Aognitna. 

With regard to the otgeot gained by this ^ipeOation it may be observed, that 
■hhongh the title Imperator, wben naed h a Ftamoman, gave to the poseeMor 
inprsme command over aU the anniea of the state, and henoe abednte power 
both at home and at»Md, both within and without the dty, yet dnce there wen 
certain Provinoea nominally nndw the oontrol of tiie Senate, whcae governors, 
termed KwMiisnls, were apKunted by the Senate, and whose revenaea were paid 
into the pnblio Ezcheqner aaaunislered by the Senate, it was considered expedient 
to beatow upon the Piinoe a title implying powers which shonld place beyond aU 
donbt or question his authority over tbe ordinaiy ma^stiates of the S«iatorial 
Provincea, as well as over the officers of the Imperial Provinoei. This Procon- 
mlart Imptrntnt of the Emperon differed fnm the powers granted to ordinaiy 
and extraordinary PnramiBols nnder the republic (see above, p.. 228) in several 



1. It waa nn i vewal, extending, withont restrictim, over evoy put of the 
1 DtaB OiB. Lm. n. la Liv. la is. to. iwt. om. n. » m. oi. i& ciud. le. v«» il 

A Ttt. •- Don IS TmIL Ann. IL 31. ts. IV. 41 XI 13. >». XII. t. SL BM. L *. 



340 TBB EMPKROSa AND THEm TITLES. 

3. It VH not for a limited period, bat perpetaal, requiring no nsiemL 
3. It WM in force m weU nithin at witboDt the Pomoerium. Tbii Uit 
Doadidon is, in fact, comprelieDded in tba fiiat, but it deserves la be partictdAilf 
noticed, because we End tiiat the Emperora occasionallj pennitted otben to 
exerdse the Proeon$iilare Imperium without the walk ; thus, at the request of 
Claudins — Senattu Wtens catU, ut cicenma atlatis anno cotaniatma Nent 
inirtt, atqoe interim detignatut Procontulare Iiaperiam extra vrbtm haheret; 
(Tadt. Ann. XII. 41 ;) and, in like manner, Marcus Aurelin^ bj the dean ik 
Antoninui — Tribunitia Potettate donatta est, Imperio extra urbtm ProcM- 
stitari addito (Capitolin. Tit. M. Aur. 6] 

^•■uru OiKxiiBH. — Since ne shall be ciUled upon, when treating of the 
lelision of the Ttotnans, to descrilw in detail the petition occupied and the dntiea 
pernrmed by this priest, it will be sufficient at present to state, in general terms, 
that ha was regarded as the chief persooage in the whole ecclesiastical eetabliah- 
ment, and as such, exercised a general superintendence over all things sacred. 
The office was fur life ; and Lepidus having Been chosen after the death of Cteear, 
OODtinoed to retain it after be bad been stripped, in B.C. 36, of all political 
power and banished to CirceiL Upon his death, however, in B.C. 13, Augnttos 
ki the following year agreed te accept this dignity, which ever aAer was regulariy 
conferred upon each new Empero:' b/ a vote of tlie Senate. Although many of 
the Emperors, during the Erst two centuries, granted the Tribunitia Folalat, 
and the titles of Imptrator, Augustus and Caesar^ to those whom they associated 
with themselves in the adntinisliation of public affiure, it was held that under no 
circumstancei could there be more than one Pontifex Maximua, and this 

e' ciple was never violated outit Balbinos and Fnpienns were named joint 
,ieron by tbe Senate, (A.D. 237,) when both assumed tiie title. From thii 
time forwani no attention was paid to tbe audent mie, but whenever the Frinoe 
assumed a colleague be permitted him to be styled Poniifex Maximus as well 41 
Augustus. Of this we have examples in the younger Philip, in Tolusian, in 
Carinas, and in many othen, as may be seen from thdr medals, and in a 
proclamation of Galerins Maiimianus, preserved by Enseluus (H. E. Vlll. 8.) 
Maximianns himself, Coastantinas and Licinins are all deugnated Pontificu 
Maiimi, 

In order to secure a complete control over all matters connected with religiim, 
the Emperors, not content with the offioe <^ Pontifex Maximus, became memben 
cf all the four great corporations of priests, which will be enmnerated in chapter 
X. Of this fact we are positively assured by Dion Cassins, (Lm. 17,) and bis 
assertion is oonfirmed by an inscription, in which Tiberius is stylad PonTir. 
Max. Auousl- XTV»o. 8, F. VnVmo. Epulos. ; and Nero, after bis adoption 
by Claudius, was, by a decree of the Scmato, 
admitted a supemnmeraiy member of all 
I the four colleges, as appeaia from the coio 
I of which we annex a cat, which rqueaenU 
upon the obverse a youthful head of Nero, 
with the legend Ngbo Chjid. Cies. 
Dsuaus. Gbbm. Paik. Ii;t. and on the 



reverse varions sacerdotal instruments with the legend Saczhd. Coopt. i_.. 
Oiiit. Cowi- Stn-BA. Num. Ex, 8. C. 

AB«v>twk — IThen Octavianus had firmly established his power, and wai 
ttow 1^ without a rival, tba Senate, being desirooi of distinguishing him by 
,, , . — , _.^ jjjjg^ decreed, in B.C. 27, that he shoulfbe i^lad 

oogic 



THE EUPEBOBS UID TBKIB TTCLZB. 341 

Aagiutat, an epithet proper!/ ftppUonble to some otject denuuiding ntpttt nd 
Tenantioii beyond what ii bestowed npoa bnnutn things — 

A«e(a voe«nt xvaotiA pat™, iuodbta Toontiir 
Ttoipla, ucerdotoio lita djcata muiu. 

Ibia bebg an liimoraT7 appcDalien, analogani u, the ejiiihett Torqualui, FiSa, 
Magma, Piui. &o. bestowed tipon Yalerios, Sulla, Pompeius, and Metellot, it 
would, OS a matter of conise, have been tamamitted by inheritaoM to his 
immediate descendants. Henoe it wiu at ooce amnned after bis decease by 
Tiberios, his adopted aon ; and IJvia, having been adopted by the will of h« 
husband, took the names of fnlia and Augvsta. 

In like manner, it was righlfally assumed by Calignia, be being tho 
adopted grandson of Tiberias ; nor did he altog^er depart from the idea 
that it was a title appertaining exclusively to the Julian line when he 
bestowed it upon bis grandmother Antonia, for she was the daughter c^ 
Ootavia, who was the grand-niece of JuEios Caesar. Claudius, who waa 
the ton of the same Antonia, and Nero, who was her great-grandson. Doth 
assumed the title of Auguitm on their acoeasion ; but althoagh the Jnlian 
dynasty became extinct upon the death of the latter, their example maa 
followed by all succeeding rulers, (Fitellius aloua having for a while hesitated,) 
who communicated tlie title of Augutta to their cousorta, and this wia 
carried so far that DomitiUa, tba wife of Vespa«an, is styled AugtMa oo 
medals, althougli she died while her husband was still a aatyeoL 

The title ofAugiutut was sometimes bestowed by the Emperor upon a second 
persoD, who was thenceforward regarded as a colleague in uia empire, although 
still inferior to the individual ivlio bestowed it. Thus, M. Atirelitu shared Uie 
distinctiMi Gist with his adapted brother, L. Veins, and then with his son, 
Commodni. SoalsuSeplimiusSevemssssociated with himself, fint bis ddeat son 
Canualla and sntisequently his younger son Geta also, so that towards the ckiH 
of hit Rngn there were ttu-ee Atigtitti. In these and tinular cases the Augaiti 
iSA not really poaseea the same authority ; bat the peculiar drcumstanoes under 
which Balbinns and PnpicQns were elevated to the throne, placed them upon an 
abaolnte equality. The system iutioduoed by IHooletiau was a oompleto departure, 
both in theory and pnictice, from the fumer constitution ; for he established 
•even] AuguMi and seveial Caaara, who were entirely nuoonueoted with each 
other by ties of relationsiup. 

Casar. — Ciesar waa originally a oognomen belonging to the Gent T*Ua, it 
waa assumed by Octavianus after his adoption by Julius C«sar, was transmitted, 
in like manner, by Octavianus to his three graniuons, Caius, Lodua and Agrippa, 
and to his step-son and son-in-law llberiiu. By tlie latter it wascommunicUed 
to his aaa Drusus, and to bis adapted son Germanicus, and by Germanicua to his 
own sons, among whom was Caligula. Thus far the saoaeBsiou was perfectly 
ragnlar, all the iudividuals by whom it was assumed being, according to Bomau 
law and usage, regarded as member) of the Gaia luiia. Bat it did not of right 
appertain to Claudius, and, in fact, he never bore the name nnm after Ilia 
acoesHon ; but still be and his adopted son Nero were regarded as belonpng to 
the Julian line in eonaeqnenoe of tlieir connection with Augustus — the patcraal 
grandmother of Claudius being livia, tlie wife of Augustus, and his □ ' * 
giaadiDOthtf being Octavia, the sister of Augustus. 

mth Nero all traces of ibe JuUan stock aiiappcared, add yet Galba, l 
diataiy npoa his acceauon, assumed the rune of Caesar, his example was ibl 



1^ OtbA, and nbM/nBot Empaon, m » miuttf of oonne, aMomed the app«IlB* 
tione of Augattus and Coemr, with Che exception of Titellins, who ummed tb* 
fonner a&et oonmdecable hesitatioa, but sceadilj rcfiued the Utter. 

After the elevation of Veapuian it beoune oiutomuj ibr Emperors to bealow 
tile title of Caesar on the individual whom the/ destined for thdi BuoociMr, 
ehher adding or withholding u aeemed fit to them, the addiUoosI hononr of the 
title Avguttua, the TMbaidlia Potalai, and other de^goationi, and conferring 
moa tbem a grealAT or imaller amount of real power according to their pleatnre. 
TimB, L. Aelios Tema, when adapted bj Hadrian, became AeUia Caaar, tad 
noeired Che TVii. Pot. Commodna received the title of Caeaar from hja fisher 
when five yean old, A.D. 166, in A.D. 177 he waa invested with the TVA. PM, 
toA the Gonrakhip, and with the titiee of Augtutia and Pater Patriae. 

The lyiteai intradnoed b^ Diocletian need not be detailed here. 

Pvlarara. — Undsr the republic Che senator whoae name waa placed first npoe 
the roD of the Censors was stjied Prmcepi Senatia, a tide which was regarded 
M in the highest degree honourable, but whiob conferred no power nor jHivflege. 
In B.C. 28, OcCavianus, when Censor along with Agripp&, baiianie Princtpt 
SMOba, and with the feigned moderation which ao etronglj atamped hts 
oharaoter, selected this ancieat oonstitntional expresaion as the appellation by 
wliich he was to be diatinguiabed — Lepidi atqtit Antonii arma in Aagustum • 
ctuert, qui euneta dixordiii cimlibiu /asa nomine Principis suA imperiam 
aceepit, ' From this time forward the term Princepi, the addition Senatus being 
■uoaUj- omitted, is perpetually employed by historiana and in inscriptions to 
designate the Emperor. 

PriHcepa laTeMMi*. — In the earlier ages of the repnblio, when Che Eqtiitet 
were composed of the Qowcr of the nobility, it was customary to designate them 
■s a body under theoomplimentary appellation of iViiictfiet/uveTifuIis (Liv. XLIL 
61.) "niis term wotdd appear to have gradually fallen into desuetude aa the 
Ordo Eqiiater aaaomed a distinct form and lost its military character. We 
eertsinlj have no evidence that it was ever applied aa a mark of honoiBry 
distinctian to one or two individuals, undl we read in Tacitos (Ann. I, 3) tbat 
ADgusCns was most eager that his grandsons Caius and Lucina should be staled 
JVtnetpu lavailuta, and learn from medals that they actually received this 
dittinetioa. From this time forward the title of Prmceps luvejUutii was 
fivquently bestowed upon the person marked out as the heir of the imperial 
digidty, or on »ome one otherwise closely connected with the imperial flunQy. 
Thos, it was borne by Kero from the time of his adoption by Claudids; by Titus; 
bj Domitian, vritboat any other title nntil the death of bis brother ; bf Com- 
moduB, ind bj many others. 

It was not, however, assumed by any Emperor un^ the days of GoniUan III. 
who naited it with Angutliu on his coins ; but from this time tbrward it ocoora 
very frequently upon the medals of leigniog soveregna. There are, it is true, 
a Tery few eiamplee before Gordian UI., but these are ascribed by the best 
numismalolo^sCs to miaUkea on the part of the money^. 

Pater Patriae •, Parcaa Falriac, — HomuluB, when snatohed &om earth 
to heaven Is said to have been hailed aa Partni Urbis Ramae, words which 
might be applied to him in a literal sense as founder of the city. Cam illns, after 
heliad reoovered Rome from the Oanis, was, according to Livy, (Y. 49,) sh^led 
Somidui ae Paraa Patriae condUorque alter Urbis; bnt the fine individiul, 
iMkmging to an epoch strictly historical, who received this title was Cioeto, to wheal 



TUa XKPUOKS AMD THXn TtTLia. 2U 

it wu voted by the Senata after the mppreaBaD of the CatUiiuritn oon^iiw^. 
It wu bestowed npon JuUiu Ccsir after hit victory io Spain, B.C. 46, and it 
appean for the fint time on a medal of Anguatua ataek about B.C. 2. i^om 
thig time forwanl it seeiiu to have been offered to evcrj EmpeiDr immediately 
upou iiii aacession, and irai either at odco accepted, or deferred, or aitogetho' 
rejected, aooordbg to the temper and feelingi of the iadividnal. It wai iteadily 
tefiiied by Tibeiini; it ia mit fonnd upon ^e ooini of Galba, of Otho, and of 
Vitelliaa, vhieh may be peih^N ascribed to the aliortneM of tliei]' *waj ; by M. 
Anrelius it wae not adopted mitil the fifteenth year of hie foreragn^, and 
consequently oiver ^ipean apon the money of im ooDei^M L. Teroe. Hw 
general practice seems to have been to aocept the diitinotiou fbrthwith, and 
henoe it ranks among the oidinaiy title* of constant Teourenoe ftom tbe oran- 
mencement, or nearly Che commencement of each raga. 

l>ia>. rdix. — The epithet Pius was bestowed, under tbe rqMiblio, upon 
the son of Metelini Numidions, Bomewhat later npon Sextuj Fompdua, and 
pab^ npon otben also. Caligula, as we an informed by BueConios, 
(Calig. 22,) desired to be distinguished by this appellation; bnt the flnt 
Emperor on whom it waa regularly confeiTed was Antcminns. It was assomed 
by Commodna ; Septimios Sevenis decreed that it shotdd belong to himself and 
to hia Kws ; and timi it gradually became one of the ordinaij title* of the 
AngnstL 

FeSx was bet ooimeeted with the name of SoUa, and among the Emperoia, 
fim adopted by Commodna. Aftv Commodns, the first who oombined the 
epithets Pirn and FeUx waa Caracalla, who used tJiem qwringly ; they ooonr 
frequently on the monumoila of Elagabidas, and aiter hia time w«re introduced 
oonjuintly among the ordinary and regular designations of the eorereign. 

Pius and Fdxx wen never combined with Che umple Caesar, except in tha 
case of Carinna, who is styled on a medal H. Adk. Cabtkus. P. F. Hoa. Caki. ; 
bnt we know that Carinna had aometiroes Imfbkatob prefixed as a piicniHnen 
to his Cae&ak. 

DmaiBiia. — The i^peUaCion Dotnituu, which properly iiiqiliea,.fAe nuuter 
of a itave, was rejected with real or fsigned di^nat by both Augiutua and 
Tiberioi. ' Caligida wu the Grat who permitted himself to be addressed by 
this iovidioua desij^nalioa ; but as early as tbe itign of Clandios the term was 
^iplied in eocie^ as an eipreaaion of conrteoua drility even to peraont not 
imperial, and hence it is not lurpriaiag that it is oonstancly employed t^ Pliny 
in hia coneipoudenoe with Trajan. M early aa the age of Anloninna Pin« we 
find aifiit on Greek ouns; and on a medal of tbe colony of Antioch in I^dia, 
bearing the heads of Caracalla and Geta, we read Tier. DD. NK. (Ftctona 
Bommonan Nottrorwn.') Bat no example of this title weaia upon money of 
• Soman stamp imtil thetimeof Atoeliao, wbo fint eafieied tbe legend DeoBT 
DoHiKO Nonso AuBsuANo to ^)pear qran hia omnage, and bii example was 
(allowed by Cains. D. S, (Domintia Notter) Is need at a tort of praenomen on 
tbe [deoei of Diocletian and Maxunianna, after they had naigned the empire ; 
thenc(£irward the ' ' .. . . ■ 

the first inatanco n 
of Constautine, wai 
wluch fell into disuse. 

JDcBh DiTB* — Even under the repablic, altera and temples were aeoled 

and aacrificca were offered by the provindala, espedally the Greeks, in honour 

1 Dion CuL LVIL a. Snet. Till. r,. M. Tannll. Aselof. 91 



244 

of llieir goremarB. As a matter of coune this speciM of adulatioii vas addrewed, 
with increMed eagtrneas md icrvility, to each Emperor ia saccenion. Bnt 
■ItboDgh the Senate had voted to Julius Cesar, while alive, hononn acarcel; 
inferior to those paid to the ddtiea, neither he, nor AugnUus, nor Tiberius 
suffered tbemsclres to be actually wonhipped in the citj or even within the 
limits of Italj, while thej gradouelj permitted themselves to be adored as gods 
in Toreigo oonnbiea. ' Cali^ila, honever, set up He own efiig^ in Rome, betwe^ 
those of tlie DuMcori ; it was the pleasure of Domitian that lie should be addressed 
as ZJominus (I JJdw, and victims were offered to both of these Prince*;' hut with 
the exertion of Zferculuitamaniu on the coins of Commodus, aod the inscription 
noticed in tlie bat paragraph on those of Aurelian and Carns, the Emperoia 
■eem to have avoided any pennaneat memorial of their assamption of divine 
attributes. 



was passed upon the decease of Aujpstus, a College of priests being, at the sama 
time, fonned, who, under the deugnalion of SodaUs Augialala, were to oonduct 
and preside over the holy rites now itiatitnlcd ; and the example was followed in 
the case of all succeeding Priucee, eicqit wheo the new ruler thought fit to mark 
his disrespect for the memory of his pratecessor, as hsppeoed to Tiberius, Cains, 
Nero, Galba, Otho, '^itelUos, and Domitian. Tliis dtiflcation, termed Coiuecralio 
bj the Komans, and itxDMwrjf by the Greeks, was soleinuLsed by gorgeous 
ceremonies, of which a full description will be found in Dion Cassios (LVI. 34. 
42. LXXIT. fi.) and Herodian (IV 1.) The individual tbiu hallowed was 
thenceforward distinguished by the epithet Divia, which, it must be nndentood, 
was never, until a late period, applied to a living persouage. 

This epithet, and the divine honours which it indieattd, were bestoived, not 
only on thoee who had enjoyed the supreme poiver, but occasionally also on thoae 
nearly connected with them ; on tlieir consorts, as on Livia, Poppaea, Domitilla, 
Flotina, SiAina, the two Faustinas, and Julia Domna ; on their children, as on 
Claudia, the daughter of Nero, and Julia, the daughter of Titus ; on their parenta, 
•a on Tn^an, the father of Trajan, .ind even on other relatives, as on Uardanft 
the aister, and HaUdia the niece of Tmjan. 

The medab atrack in honour of the imperial penonagta thus deiSed, bear 
■ppttpriata devloea, such as an eagle, a blaiing altar, a funeral pyre, a saered 
Mr dnvrn hj dephants ; in the case of females, a Carpenliiin drawn by mules, 
theaplrlt of AeoqMVted ascending to the skies on a peacock, and several others. 
Of these we have given a fbw eiamplee at the end of tlie chapter, taken from 
coins of AoguMas, Agrippma, Antoninus I^us and Julia Domna. 

Rbx. — BaaiXiif was commonly employed by Greek writera with reference to 
the Emperara, and it oocauonally appears upon Greek medals of Commodus and 
Caracada ; bnt the obnozions Sex never fbond a place npon any coin of Boman 
mintage 

tiiIm derived frsH c*H«Bcnd GcnaDrie*. — TleM require little oomment. 
Nnnierotu examples oconr under the republic, tuch as Africatau, AsiaHcut, 
Numidieat, Iiawkus. Under Augustus, Dmens, the younger brother t^ 
T^eiins, gamed fbr himself, by his exploits, the cognomen of Oermaniaa ; from 
bim It passed, as it were by inheritance, to his sons Gennanicns and Claudius, 
of whom the latter transmitted it to Kero. It was anbseqnently bome hj 



. ,i,z<,i:,., Google 



TUB EUTESOBS AXD TBXnt TITLES. 245 

Tltelliai, Domilian, Sem, Tnjan, Hsdriaii, aad many otiien. Brilamiieiu 
wu protubly Bret uftimed bj Cloudiui, whose son wai diadDgmihad by ihia 
epithet H hU proper name, and it \raa at a later period adopted bj Commodiu, 
fi«pt. Sevcrni, CaracaUa and Geta. In addidon to these, we find Parthuut, 
Daekui, Sarmaticti!, Medieut, Adiabemcui, Arabicui, Armeniacas, Carpictu, 
Qolhiau, all iuteaded to cocnmemciste conqneste real or injiigiiuuy. 

Sndi woe tbe titles aamtned by the Zmperon, and in virtue of the powen 
whidi (h«se implied, the; peifonned the Tarione acta of absolnU BorerNgn^, 
The most imponsni were bestowed upon Augustas by n encceseioii of separate 
votes, and were regularly renewed at interr^ of ten yesis ; ' bnC upon later 
Emperors they were conferred a]| at once and for life. Thus — Deetrnitar OOumi 
7Vi6unifia Potalas tt nomen Augutti et omna Principunt honora: and again 
— RoTBOi SenatJia cimela Principib'U lolita Vespasiano decemit' It will be 
observed that several of them, especially those not adopted until a late period, 
were merely oompIimeDtary, the essence of the imperial dominion being concen- 
trated in the epithets Imperator — '/Viinniria Poleilai — Pvnli/ex Maximal — 
which were stretched so ss lo embrace all power, military, civil, and sacred. 
Indeed, the first alone wooid have been sufficient had there not been a desin m 
all bnt the worst rtilen to keep tip a deoent show of conetitntional nsages ; for 
since It was mideistood to oonvey the right of sDpreme command over all the 
armin of the state, of levying troc^ to any extent, of imposing taxes for their 
■npport, and of deciding npon oil qnestions of war and peace, it placed the 
penonage invested with it in a position to enforce immediate obedience to his 
wishes. Hence, when sn Emperor adopted the usnol formality of consnlting tbe 
Senate and requesting their consent to a proposal, be oocasioodly reminded them 
that this was purely an act of grace and courtesy, and accordingly ve find snch 
oommnnications as the following-— Xnfom'no aulem divinoi lumora et mila 
decrevit tt not decreoinma et vot, Patra Contcr^ti, tit decematu CUM Possnttjs 
OiFZBATOHio lURB PiUECiFEBE, lamen Togamtu (Capitolin. Hocrin. 6.) 

flBcccHlan ■■ iha Thrvue. — The imperial power not having been formallj 
established by a new constitation reoognised by all orders in the state ; bat 
bemg essentudly an usurpation, and being exerdsed under false colours, no 
legiuative provision, regulating the soocession to tbe throne, was attempted 
daring the 6rst three centuries. Angustos, and those who followed him, tacitly 
Bssmned the right of nominating their saccessors, by, in each case, admitting 
the iDdividual selected on CoWiga* in some of their meet important duties, 
such as the 3 Viiunifia Potatai and the Procowndare Impermm, or associating 
him still mora closely with themselves under the designation of Cauar or 
Angattiu. This system proved geneiaU," saccessTul when time was given for 
preparatioD, and when tbe demise of tbe reigning Frince was not sttoided by any 
scenca of violenae, sbhoagh it was at sU tintce felt, especislly after the Julian 
fine had became altt^tber extinct, that every thing depended upon the diqioai- 
tion of the soldiers, and beaoe tbe eagerness displayed by each Emperor on his 
acecHien to pn>i^tiat« them hj the most extravagant largesses. Bat when a 
eotial oonvubion took pUce, m aonseqnence of U>e tinexpe«ted death of the 
sovei^n by assassinatioD or otharwise, the uominatiou ti a new monarch 
depended, b the fint instance, npon thewillof the I^aetorions, who could always 



ftLVLULVII.H. 



,l,z<,i:,.,G00glf 



246 



THI SKmtOn AXD THXIS TULn. 



OTtnm the impXtl ; bnt it seldom bapptiMA that the poweriiil anniet <m tlw 
frontisv wore kmAj to acquieciM in the deduon of the hooBtbold troopi or ta 
agna with eadi other, and hence the bloody and compliuted Btiuggfee which 
enmed upon the d«atb of Nero, of Conunodne, snd of man^ othen. It ii trnt 
thai I in eveij instance, the Senate waa the body with whom, in theoij, the 
Ination lay, tinoe the powen of the Emperor were all confen«d by their 
; bat the 3aiate were mere pnppeta in the bands of the annies, except 
le or two tare exampke, where the latter exhilNted uog^ular moderation. ' 





^oiizodbyGoogle 



BEFEBENCES TO CSAPTEB V. 



the early £mpeFOrs.~MoiuniHD, BSm. StaaUraM, I. Luge, ROm, 
AUtrthiiTner, I. p. 682, aqq. WUlcmi, Droit jntUie Somain, p. 233, wq. 
Hadvig, Die FenoaUvag vnd Ver/aatimg, I. p. 323, tqq. Heraog, eemAithU 
KKd Syitem, L p. £80, *qq. Dapond. Dt la coMifUtHM «t dtt magittralvret 
mmoiaM «om la JUpubUfut, Pkn^ 1S77. 

Beges.— MommEeil, SSm. SlaaitrtelU, IL p. S, Mjq. lAilg«, AA)I, 
Jj(«nAtlnKr, L p, 284, iqq. WiUenu, iVoil public Jbrauun, p. 42, loq. 
Uadvig, Dit Venadtmmmd Verfiutimg, 1. p. 363, iqq. Heraog, GaciueMe 
■md Syitem, L p. 82, iqq. CIuod, KrU. BrOritraKgat, Boilook, 1871, 
p. 180, iqq. I«iige, Dot rBm. K5nigUaa», Leipzig, 186L Berahoft, Bloat 
wni BttM, km., Stattgut, 18B9. 

Mode of Election.— MoramieD, SOm. Fortehungm, I. ^ 218, laq, 
CIuoD, fHf. ^ntervucAun^en, Rcatock, 1S71, p. 41, «qq. Eersog, Da* 
InttitutliuIiiiaTegmim(Phi[ologna, 1876, p. 107, iqq. )• 

Consules.— MoDunien, AAh. Btaatmcfa, U. p. 74, iqq. T^ttRe, RSm. 
AUtrthUmer, L p. 724, sqq. WillaiM, Droit mMie Rovum, p, 257. xjq. 
Modvig, iJi£ VeneaUungmd TtrfaMyag, I. p.9B7,aqq- Heriog, OeicAicUe 
undSyslela, I. p. G88, sqq, 

SchUfer, Zur OadndUe da rOm. KottttUat* (Ncm Jifarb. fiir PhiloL, 
1S76, p. sea, iqq.). 

Orisrlnal Jurisdiction of tbe Consuls,— HomroHQ, Sem. Siaattrecht, 

L p. 258, iqq. Ei«ealohr, Die promeatMi ad popuivm atr Zeit der rOm. 
Btjmhlik, Scbwarin, 1868. Ei^eohrodt^ Dt magiHratvmi romanorvm 
jtu-ibiu, Ac., Leipzig, 1875. 



IL p. 827, «qq. Brunbkch, X>« wnmJofiM JFom. mute/s r<Uwn«, &_. , 

1804. Stobb^ Zimt KapUtl von dm CanmUa tvffeOi, &c. (Philol., 1872, 
p. 263, aqq.). Henitti, De nmulinii DonralaribM (Ephein. epifiipli,, L 
p. 187, aqq.)- Asohbuli, Zur Qttchiclite die KonmdaU, Bonn, 1882, 



h AUertitamtT, I. p. 821, tqq. Willema, Droit ■pM^ic Somai7t,p. iOS, 
U«d*ig, DU Veruiailung imd Ver/a»t¥»g, L p. 4fiS, iqq. Eumig, 
Qetehiekle imd Sj/ilem, L p. 148, »qq. ; 933, sqq. ; 1136, uq. 

OnlUrem, De IrOmnU pUbia, Im., 0pMlM, 186a Belot, lie (ribtNUi 
vleUt, Puii, 1872. W«lmiULiu>, Zur OMcWdUt dm rOM. FoliilramA 
Stetfci, 1887, 



^oiizodbyGoogle 



S48 ItEFEISEKCEg. 

Orltrin of the Offlee of Tribunl PleblS— Ihna, I7eier dU EnUtdaai^ 
wid ^ alletten Br/vgnine, kc. (Bhein. Muwnm, 1866, p. 161, «qq.). 
Herzog, Die /czioenXa (N. Jahrb. fiir Pbilol., 1876, p. 139, Bqq.). Soltau, 
Utber EnUlthung und Zutammmtflzang, Ac, Berlin, ISSO, p. 620, iqq. 
lADge, De laerotanetiu poteiUUu trW. nattira, tc, Leipzig;, IBSS. Nieie, 
Dt aTmalSmi Jlomanu, kc, Marburg, 1886. Schmidt, Die Sinitlzung der 
rftn. VMkatrUnateui'Rertaea, XXI, p. 460, Bqq.). 

Ho 

fEroi 



Tribunes of the Plebs under the Empire.— Herzog, Qetchkhu und 
Sytltm, II. p. 849, nqq. GiiU, Dan Volkttribunal I'n rUr Kaiitmii (Rbein. 
Museum, IhSS, p. Ill, >qq-). 

Dictator.— Mommwn, Sem, StaaUrtchl, 11. p. 141, «qq. LaDKO, JtSm, 
AUerlhilmer, I. p. 7*9, "jq- Willems, Droti jmblk Somain, p. 283, »qq. 
Madvig, DU Vtr/aimng «nrf VerwallKns, I. p. 483, Bqq. Herzog, OachUMe 
vnd Syilem, I. p. 718, sqq. 

DupoDd, De didalvra et de magi^rrio tqmtvm, Farii, 1ST6. Pardon, Die 
rtlm. HiktcUw, Berlin, 18S4. Fi£delii:Tre, Ladklalvrt, Puii, 1889. 

J primitif, kc 
Hode of EleetiOll.— NUmh, BeitrOgt zum rBm. SlaaUrtelU, Stnuiburg, 



DeeetDTlri Le^hus Serlbendls.— Gteoentl RererenoM :— Homnuen, 
SOm. Staattreckt, II. p. 702, sqq. Lange, H6m. AllmhiUner, I. p; 010, 
Bqq. Willema, Droit jnMic Ronuutt, p. S72, aqq. Modvi^ Die Ver/aniing 
latd Venixdtung, I. p. 499, Bqq. Herzog, Ge*diKhlt vnd Si/ilan, L p. 734, 

Schmidt, Ueber den Ztceci de» rOm. Decemvirati, HalberBtadt, 1871. 

Laws of the DeceniVlri.^-Schrammen, Legiim* a daemviris datia 
utram nova rei puUicae Romanae forma emittittita ail nioit, Bonn, Ib02. 
Voigt, Cie XII Tufdn, Ac, Leipzig, 1883, I. BnmH, FojUu jarit romani 
(6 od.). Friburgi, 1887, p. 14, »qq. 

Trtbunl Hllitares CdhsqUj^ Potestate s. Consular! Imperto.— 
Oenenl RefereuaoB :— Mommeeu, HOm. Slaaitrtrht, II. p. 181, sqq. 
Lange, SOm. AlterthQmfr, I. p. 646, «qq. Willems, DroU mbtie Homatn, 
p. 273, «qq. Madvig, Die Va-foMung und VeneaUmg, t p. 499, Bqq, 
Henog, Qudiichte vttd Sylem, I. p. 73S, Bqq. 

DolizodbyGoOgle 



LoreuE, U^^r dot ConMiixrtrihaaat (Zeitschr. fur oiterr. Gymn., 1855, 
p. 273, Eqq.). Laoge, Utbar ZaJU and Amitgeu^l, Ac. (Zeitschr. liir baterr, 
(iymn., 1856, p. 873, sqq.J- Hemce, De Iribttnu vtUilamcoTuulari potttUUe. 
Stettin, IS61. 

— Witkowskf, Dt numtro tr&a- 



Praetores.— a«nena Seftmioatt :— Mominen, Bam. Siaaitrtehi, U. 
p. 193, sqq. Lange, Sam. AUerthUmtr, I. p. 770, iqq. Willema, Droit 

Piiic Romaia, p. 276, aqq. Madvig, Die Ver/amung und yeraailvyi<f, 
p. 381, uq. Herzoz, Gaehithte uni Syttem, 1. p. 740, aqq. 
Lnbatat, Aufoire dela prilnre, Paris, 1868. Giraud, L\!dU pr&oriea, 
Paria, 1870. ReBclabeTger, Uthtr dax EdiU, ftc, Wurebarg, 1874. Faur«, 
Stmi hittoriqiu, cc, Paria, 1879. Lenel, Dm ediclum perptluum, Leipas, 
1883. 



Aedlles.— Mommaen, Sem. Sloalrrec/il, II. p. 470, aqq. Lange, RSnt. 
AUfTth&mer, I. p. 866, sqq. WUlems, Droit jntblic Somain, p. WS. aqq. 
AladiHg, Dit Verfianmg una VerreaUung, I. p. ^1, aqq. Herzog, OetchitMt 
vjid Syttem, I. p. 798, aqa. 

Labatut, Lea idSet tt les moemrt, Paria, 1867. De Euggiero, Ditiimario 
eptiirafico, I. p. 209, sqq. Pioeaa, HiUoirt de FeditM rotnaine, Parii, 



Quaestores.— aenernl SAferonoea ;— Mommgen, ROm. SlaaUrteht, 11. 
p. 023, aqq. Lange, ROm. AUerlKfimer, I. p. 881, aqq. Willema, Drt^ 
piMic JRofaain, p. 303, sqq. Madvig, Die Ver/wmmg und VenBaUmig, I. 
p. 438, aqq. Herzog, Qeichichle vnd SytUm, L p. 812, sqq. 

Niemeyer, Zur QetchichU der (^uaettur (Zsitscfar. f. Alterth., 1851, p. 65, 
aqq.). Niemic, De quaettura Romana, Coloniae, 1887. 



Censores.— Oaneral RellarsiUMa .— Mommaen, Rem. SlaaiareeU, II. 
p. 331, aqq, lAnge, Rem. AUerihamer, L p. 791, aqq. Willema, Dnnt 
jmb^ Romjum, p. 281, aqq. Madvig, Die VerfiuMtng und Vtnoailiotg, L 
p. 3S9, aqq. Henog, OucMclUe tmdSyalem, I. p. 7S4, aqq. 

Delavaod, Le eeat tt la ceitmrt, Paris, 1881. 



_,.,l,z<»i:,.,G00gIf 



DutiSS of the Censors. —Henog, DU BUrgemMen im rSm. CtMUt, 
in CmuDentatdaaea in ban. Th. UommaeDi, Berlin, 1877, p. 124, gqg. 
WiUami, Lt t^iuU, Parii, ISTS, I. oap. VIU., iqq. H>hn, De et>i»orum 
loeatioaibiu, Leinxig, 1879. SoIUa, Ueber SaMehmtg « ' ~ 
stl:ang, &c, Berlu, 18S0, p. 53i, iqq. 



. i(,I.p.661. .. 

BSm. AUerMlmer, I. p. 37B, sqq. Willemi, Itroil paSiie Romain, p. 2... 
Madvig, Die Varfamung vnd VcnetUtiaig, L p. 497, aqq, Herzog, Oachiehtt 
v,nd Sy^fm, I. p. 732, iqq. 



Formalities Observed In Standing Candidate for an Offlee.— 

Oeueral SsfsrenosB :— Pardon, Die rOm, VolkumaelU vnd ihr Einjliai avf 
den Ambilu3, Berlin, 1863. liter, Ueber dat PotteHiche Outii dt amb'Un 
{Rhein. Museum, 1873, p. 473) aqq.). Luue, Utber dat PoeitiUche OuOc, 



Ma«lstertal Candidates under the Empire.— Siobbe in PhUoit^iu, 

I8G8, I). 88, iqq.; 1869, p. 684, sqq. Kilblei' in D« Rnggieco, Daimario 
tpignyko, II. p. 05, iqq. 

Uaglstrataa Deslgnatl. Abdloatlo.— Becher, Utber die Aml»e»t- 
lelzntuj bei den BOmem (Rbein. Mna., 1876, p. 293, «qq.)> De Euggiero, 
DUionario epigrafico, I., a-v. ahdicalio, abrogaiio. 

Oath of Ofllce.— Moaohke, J>e magitCratuum rom. jure jurando, Beorlin, 
1884. 

Titles bestowed upon those who had held the great offlees of 

State. — Blooh, De decretU /tmetorum magittratiaiiii ormanentis, de decreta 
adisetiont in ordinee JimeUmim magiiiratiaon, Fftria, 1887. De Rnggisr^ 
IHziimario epigra/teo, i.t. alieetio, L p. 411, »qq. 

Potestas,— Mommten, JtSvi. SUuUertcht, I. pp. 8 27. 

Imperlnm. — Nipporday, Lege* <mmaUt, Leipng, ISISS, p. 01, •q4> 



~Q«iieral BefennoM; — Marqiunlt, 



OeBflral slgnlfleatloii of tbe tflrm Provliiola.— Niebnhr, Rom. 

QmdueliU, III. p. 727. Mommsen, Die ReehU/rage xaiteAen Caetar mid 
, Bre^n, IS67, p. 3, »qq.; ROm. Slaaitrccht, I. p. El. Eereag, 
\ ujtd SyiUm, I. p, ""^ — '°~ — "-" '*-—"■' — -■ ■" — ^ 

rAn. Profiia, Munchni, ISE 

ConsUtntJon of the Pnvlliees.— Oenenl Ita&ranow:— Mwqnwdt, 
Reia. eiaai*BtriBaittmg, I. p. 497, sqq. Madvig, Ver/auuag und Vervialtiijiff, 
IL p. 40, aqq. Hanog, Oaehiehu und Sytiem, L p. 340, (qq. ; p. 711, 
•qq. ; p. 744, »qq. ; p. 751, aqq. ; p. 951, eqq. 

Godt, Qvomofia prov'meiae Romanae per aeeenniam bdio eivili Oatmriano 
oMteccdeTM admirt%ttralat wU, EUlm, I87S. D'HugneB, Unt province 
romaint xna la Rtjmbliqae, Paria, 1876. Peraon, S»»ai mr radminiilra- , 
lion<iaapTDvinearo7naint*tMit la Btpvilique, ParU, 1878. 

Provincial QoTemon.— aenem BeferenoM :— Momtn««n, Adm. 
Staattru/U, IL p. 239, sqq. Min, Euai aw ta pouvoint du gmivemevr de 
prtmnce amu la Rtpul^ique romaine ei Svtqa' aDihdaUn, Pttrii, 1S80. 



TazaQoii and Burdens in the Provinces.— Mtrqnardt, Rsm. 

StaattveraaUiing, 11. p. 182, «nq. Robertna, Zur Qe^chichU der rSm, 
TrSmiMeuern mil Afigtut»$ (Jahrb. fiir Nation&lSconomie, IV. p. 342, Mq. i 
V. p. 136, (qq. ; p, 241. «qq. ; Vin. p. 81, «qq. ; p. SSfi, »qq.). Fned- 
Uender, 2)« (nWw Iriun provindaTvm rom., B^montii, 1886. 

ijoyed by ParUoi 

sen, Rdm. Staattra 

BOm. BiaatmtrxaUung, I. p^ 71, iqq. 



Tbe Provinces under the Empire.— Q«no»i itefsnnoee:- Mar- 

qiiardt, ROm. Staalmemiaitmig, I. p. £44, sqq. Willeoii, DroU pvitic 
fotnain, p. 613, eqq. Madvig, Ver/airang und Vervmltitng, II. p. 104, sqq. 
Henog, Qachicfue und Syttem, IL p. 190, iqq. ; p. 641, iqq. ; p. 838, iqq. 
PoinaigpoD, Sut It nonAre et Forigine dea provinces romaina, Faria, 1846. 
Dnniy, Fragment d!une itude sur Vadmmietraiioa jrrovinciale d'AugatU 



Lniray, Jfragment d:une aade aur ladmmtstraiton promttciale d Atigatte 
(Berne cnttqne, ]S80, p. 204, sqq. ; p. 224, sqq.). JnlUan, De la rijorme 

1— .■-j._«_-i_.<.iK.'.ju.-_,Tf u:.... 100-. _ 'ISl.sqq), Mommaen, 

in, 1862. Czwalina, 

, 1881. Ohnwc«^, 

,i,z<,i:,., Google 



Drpri>l(Mj;t(Ufri&n^iii>i0eU(un(RevTieIiutor., 1^82, p. 331, sqq). MomiDaeii, 
Ventidinitt dtr rUm. Provinxen au/g^ftimt wn S97, Botlin, 1862. Czwalina, 
Utbtr dot rantkhnim <Ur rem. Previtam, Ac, Wesel, 1881. Ohnwc««e, 

Die rent. Pn<rim4itk, Ae., Daubug, 1SS9. 



Inferior HaglstFatw under the Republic— a«iierai BefeFsnces: 

— 'Momnucn, Rom. UlaaUreclU, II. p. 592, >qq. Ltmge, Sum. AlUrtliumer, 
I. p. SD9, aqq. WiUeme, Droit pubiic Ronuan, p. 306, sqq. Muivig, 
Ver/aimng vnd VervaUwag, L p. 480, aqq. Henog, Oeiduchu vnd Sytttm, 
L p. 848, iqq. 

ChrUteiuea. Uiber den Vif/intitaanrat wuf dttt EinlrUl in den Stnat, 
HMnbiirg, 168fi. 



Pablle Serrants of the Hagistrates,— Oauani BafwMuws:— 

HommKn, Rdm. Staattrecht, I. p. 320: sqq. LaDge, RUm. A Uerthiimtr, I, 
p. 023, oqq. Madvig, rer/OMungunc^ FfnTo'lunj;, 1. p. 611, aqq. Herzog, 
Qathlthtt und Syitem, I. p. 8SS, iqq. 

LabM, De Papparilio da mc^iitraU Bomaltu (Ravne de Ijgial., 1876, 
p. 47, •qq.)- 

Sortbae. — KntoM, De icribit pvbHeii Romanorvm, Magdeburg, 1S5S, 

AfiOensl, — Ds Rnggiero, Diiionario Bpigrajico, I. p. 18. 

PraefectOS Urbl.— OMunl Beferanoei :— Mommaen, Ram. Siaattrtehi, 
TL p. 1069, aqq. Willenu, Droit pablie Romain, p. 603, eqq. 

I«obird, Dt praeftclura nrbana qmrto pott Chritttaa lofcuio, Pftri*, 1873. 

L&ncuni, Qli ufficit d^a pre/eUara uriiana, in BuU. Krch. com. di Komk, 
1S92. 

PraefectUS PraetOrio. ~ Oanenl BebnnoM: — Mommian, RSnt, 

Slaalirechl, II. p. 1113, sqq. 'Willemg, Droil pvblie Remain, p. 440, «qq. 
Madvig, Vtr/atavng mid yetTBOlCung, p. 679, (qq. Herzog, Oacliichte uiut 
Sytltm, IL p. 765, »qq. Blau, Oeechiclile der JCntilehvug vnd Enlmi^iluny 
du AmU, *c., GiJrfiti, 1860. Mtiller, Sludim zwr Oetchichle dir r6m. 
Kaiterieit, Zurich, 18T4, p. 1, sqq. 

PraefectUS Vlgllum.— Qenena Referenaea:— MommseD, ROm. 
SlacUtrecht, 11. p. 1054, «qq. Heraog, Oeichieku und System, II. p, 769. 
Hirachfeld, Vnlrnruehvngai, Aa., Beruii, 1877, p. 142, aqq. KeUennsDii, 
Vigilvm Romanomm lattrrvla djto atelimonlaim, BotnM, 1835. 

De Roui, Le jlo^Kmi ddU Settt Coorti dti Vigili in Soma : in Annali 
In»tit., 1854. 

Praefeotas Annonae S. Rel Frumentariae.— Q«nenl Raferenoei : 
— Mommaen, ROm. Slaaltrecht, II. P- 1037, aqq- Herzog, Ouchiclitt und 
Sy$tem, II. p. 769. HiFschfeld, Unlermchungen, kc, p. 128, Bqq. l>e 
Bnggiero, Dizionario epigraJicB, I. p. 475, sqq. 



Magtstrl VloOFUm.— Marqnwdt, Bam. Staalmerw., til. p. 803, iqq. 
Preller, RBm. Mj/Uuii. (3 ed.), Berlin, 188% IL pp. 113, 1S3. 



".OOglf 



REFERENCES. 353 

ThA BmpeFOPS.— General RetoreneeB;^Momnisen, RSa, SlaaUrtcht, 
TL p. 74fi, Bqq. Willema, l}roit pubtk B'>maia. p. 421, (qq. Madvig, 
Vtrjauttng und Venimltang, p. 521, aqq. Herzog, Qttchiehtt wul System, 
II. p. 608, eqq, 

Fincke, lie appellalioaSnu Cattarum Aonor Uci'i, Kooigiberg, IH67. 
Willenu, Le pouvoir impirkU, kn. (Revue de riiutructiaii pabtique en 
Belgiqne, XXII. p. 251, iqq.). Schoner, Ueber die Tilulaiaren der r/lni. 
Kav,er, KrluigiD, 1881. 

Trlbanlda Potestas —General Ileferenoea:~Zumpt, Sivdia Romano, 

p. 2«, »qq. ; Uebtr die Enttlehung ' " '■ """ '""" 

Dockhom, Dt ttVitnueiae pot. orig. 
Ac, Struaburg, 1885, p. 220, iqq. 



■ printep* tenatutf The Joanul of 

Prlneeps luventutls. — Koch, Dtprindpt tavenUdU, LigiiM, 1883. 

Deus. DItus.— Preller, Ram. ifylhoiogie (2 sd.), II. p. 425. De^ardina, 
Xe cu/(e ii«a Divi (Revue de philol, 1879, p. 33, Bqq.). Benrlier, Jewoi nr Ze 

cutie nfu/H avx emptraiTi Rom., Piu-is, 1892. 



^oiizodbyGoogle 



We haitfalnsdj, at th« eodof chutter ILiji.l04camp.p.llO) g 
uoount of the ori^, eari; hutoiy, ind Dnmlnn of the Senate, ffe now procMd 

to de«ribe more minntelj thfloon '■ ' ■ ■ •■ ...... 

government tbe SenUe vtm choaen in the firat iuCaoce and t 
filled np bj tbe king, (Ugit gublegUque,) of bis own IVee will, without nfaenoB 
to bereoiUi; dawu or to the toim of the Curiae.' After the sxpaliirai of the 
Tarqniiu, the power of chooung Senalon wu at 6rvt committed to the Contuli, 
bat after B.C. 443, to the Ceniori, whose ta«k it wis, each Laiimm, to reriM 
tiie lilt, (Album Senatorium,) to omit the name> of thoee wbo bad rendend 
tbemaelve* unworthj of remaining members of the snpnme mnndl, and to inpplj 
the racanoies oaoeed m this manaer or by death. Although the power of tba 
Ceuson In discharging this duty does not seem to have been defined or restricted 
bj any legislative eoactmcnt, nntil the passing of the Ltx Ovinia, ' (the dale ia 
imcertaiQ,) in terms of which they were Ixinnd to elect apon oath the matt 
deserving, (optimum quemqut,') we have no reason to ouppow that their pro- 
ceeding! were altogether arintraiy. The powers intruaied to them may, at times, 
have been abased fiom the infloence of personal or party feelings ; bnt it must, 
&om the oommenoement, have been regulated by ccrtun primuplea whidi gradually 
became fixed, and wbijoh, except in extraordinary cases, ^ey oould not hav« 
ventured to disregard. What these prindples were at the period of the second 
Punio wac is clearly demonstrated by the statement of Liv^, (XXIII. 23,) with 
regard to the piooeedings of tbe DicUtor, who was named for the speoiai porpoae 
of fiUiog np the blanks cansed by the slaughter at Cannae, for the prooee^agi 
describw evidently indicate the Ordinaiy rule — lUcilato veten taiata, inde primoi 
in demortuorum loeum kgit, qai poit L. Aemiliam tt C. Flaminiam Centora 
caruUm magittralum cepistent, necdum in Senatum lecti uttnt; id qituque 
eontm priiaia creatui erat : turn legit, qui aaiiUt, trSmni pUi/ti, qiuutUiretM 
/ueranl : turn ex n>, qui magiitrattim tttm etpittmt, qui ^tia ex hotU feca 
domi habtrenl, ant dmcam coronaia acc^naent — Uiua carrying ont the rale 
which ha had previously declared that be would follow — vt ordo ordim, non 
homo Aonuiii praelalia viderelur. ' 

It is to be observed that all the higher ma^istratea, &om tbe QnaeMor iqwaids, 
had, during the period of their o£Boe, the n(^t of sitting and qieaking in the 
Senate ; but they were not necessarily Senators, unless they had been tmolied 



Canon, b 



u lodt bd«« the dote of the preceding Liutrum. Hence the duttDetion 
obeerred between Senatora and those qaibus in Senatu aententiim dicert UceL ' 
Tbenfoe, when the Censors sapplied Ihe vaoandes, thej b^^ by leleoting in 
order of rank and eemoritr thoee who bad filled affi<« in virtne of nhidi thej 
had been admitted to ait and to speak. Such perions vere regarded u poneuuig 
the first claim ; and Livj, ^XXU. 49,) nhen ennma^tuig the nctims at 
Cannae, makes use of the eiprtauon — octoginla pratlerea, aut Senatoreii aut 
""•' — * magutraau gessiueat untU in Saiatum Ugi debertnt. When the 
' ■"'" np thenewroll, omitted tbe name of any Senator, thej were 
««. ■«>•>»« s. iHixit Senatu the iadividoal in qoestion ; if, on the other hand, 
the]' did not indnde in the list of new Senators anj one who had a ciaim to be 
Mleoted acoording to the principle expluned above, wbile they gave a place to 
one or more who were his juniors or inferiors in rank, tbea they were said 
pToelerire the indiridua! in question, and snob persons wore termed Prattaiti. 
This distinction is not, however, always observed, and Praeterirt is used 
gwierally with reference to those passed over by the Censors, whether previonsly 
Senators or not ' 

ffe are told by Appian (B.C. I. 100) that Sulla, when he made a large 
addition to tbe numbers of the Senate fmm the Eqoestrian order, left the choice 
of the individaals to the Tribes ; but thie itatement is not confirmed by other 

Piince^ SsBBiB*. — The CeQson, as we have seen, drew np a list of the 
Senate. Tbe Senator whose name was placed by them at the head of tbe roll 

WM Styled Princtpa Stnalu), and this position was highly valued, althoogb it 
conferred no sobstantial potrer or privilege. Under ordinary circomitances, the 
senior of the CetuorU, that is, of tlioee wlio had held tbe office of Censor, was 
the peiBon selected as the Princeps ; but this waa by no means an imperative 
rale (LIv, XXVn. 11. XXXIV. 44.) 

<|iiBlMeBiJ*ui MB la Btwth, OccapBtlsii, Ags, FsRBBe, Ac— Although 
the choice of the Censors, daring tbe best ages of the repnbhc, was regulated, 
to a certain extent, by established usage, any cue possessing tbe full Oivilas 
was r^arded as eUgible inthont any limitation as to birth eioept itigenuiias 
for two genera^ns. Hence, tlie son of a libtrdnus would be shut out ; but 
this ezclosion seems to have rested upon public opinion rather than upon any 
specific law, for we find that peisons belonEine to this class were actually 
admitted in the Censorship of Appins Claudius, (B.C. S12) — qui Senatam 
prmui Ubertinorum jilm lectit inquinavcrat — but that popular indignation 
was so strongly expressed that the Consuls of the following ^eor refused to 
acknowledge tiiem. ' Tbe same feeling, although neglected dunog tbe troubles 
of Marios and Sulla, waa revived in tlie age of Cicero, but alti^thar diuegaided 
by Julius Csiaar.* 

No Senator, in the earlier ages at least, was albwed to follow any lucrative 
trade, or to Nigoge in traffic except in so far as selling tbe produce of his lands ; 
and hNice, by on andent Lex Claudia, no Senator nor son of a Senator, woe 
permitted to possess a sea-going ship of more than 300 amphorae burden. A 
vessel of that size was deemed suSdent for the transport of his crops snd — 

IVHt.LT. SoMfgiv, p.l« Ut. XS1IL31. XXXVLS. Vd, Mu. 11. it ]. AoL OlIL 
III IS, 

» Ui. XXXIZ. 41. XLl T7. Eplt XCVIII, Fml i.v. FnHtr«H Smdmt. p. MS 

> LIT. IX. N. «. Cn. FalTlu b Ttn» oF bii aa« of Cnral* AvUl* mwt bs*« bdd a SM* 
m ttia liiuu. 

4 CIk pn Climt. (T. Dhn Cui. XL. SS. XLOL 47.'XLVIIL St. 



ib6 THE SEHAIB, 

^uuOaM oaaai Palriina mdecorut vitui. Bat thi* Uw had Ultn into dawirtuJa ' 
ID the dan of Cicero. ' 

There au be little donbt, thai tovsrda tlie doM of the rspnUio then wae a 
filed age, before which no one wu eligible ; and hence Cioero, nhea dwalliug 
on tlw earij eaieer of Fompeiiu exclaims — Quitj torn praeter conttitltulintm, 
ijuam homsi peradolaceBli, euiut Senotorio grada aeitu longe oienet, 
■mpmun alma exercUum t/an'f * uid this age probably depcdnded on the Lex 
ViiUa Amudit ; (ue above, p. 207 ;) but when there w-Jk no reabiotioD as to 
the age at which a diiicn conid be cboaea to fiU the bighwt magiatrMiei it is tiot 
probable that there could hare been anj iiied Aelat StnaUiria. , Under the 
Empire the Aeta» iStnaloria leem* to have beoi twentj-five, laaot, niMlec 
orduiai7 oiTcmnatanoM, no one oould hoM the QnaestonUp until be bad ettaJTted 
to that age. * 

That the Senaton, as a body, fomed the neultbiest clasa in the etate seems 
onquestionablei and eiunplea occur in which thej were called upon to onUributo 
more largelj than an; oUier portion of the cooimoDitjF to the neoessitiea of the 
commonwealth. Bnt we nowhere find any hint given that, noder the &ee 
constitution, the want of a oeitain amount of fortune was hdd as a disqoaliGca- 
lioQ. As far as onr authorities go, Augustus was the first who required a definite 
•um (Ceatus Stnaloriiu) as ladiapensoble for those who desired to become 
candidates for the higher offices of state and to gain adnuasioa to the Senate. 
This sum be, in the Rnt instance, iixed at 400,000 sesterocs, the same with the 
Cemju Bqualer introduced hj the Gracchi, (see above, p.l01,)but aiierwaids 
raised it to a million of sesterces, (decia,) after which we hear of no fuilber 
cliiiiigc. ♦ 

Pawen Bud ItBilr* sf ih« tifiniiie. — Although the Senate, Irom the Teiy 

foundation of tbe d^, was tecognised as an bt^ral and bdispensabte membw 
of the bod; poUtic, it seemi to have occupied a very subordinate position tmder 
the kings, except during an Jnlerregnum. The monarch held his office for life, 
and was irresponsible; consequently, although compelled, to a certain extent, b; 
public opinion and cnatom to ask the advice of the Senate, he might aooept or 
reject their coiuuel as he thought fiL * The Seuaton could not assemble nnlesi 
summoned by Mm, nor deliberate upon any matter not submitted to them by 
him, and they hod no means of enrordng their opinions and wishes. The King 
might, and probably did, for the sake of convenience, place many of tbe details 
of government in their hands ; bnt the nature and extent of the authority thua 
eommittod to them depended entirely upon his will and pleasote. As soon, 
however, as tbe republic was established, the powers of tlie Senate were at onoft 
greatly enlarged. Tbe chief magistrates now retained office for one ye*r only, 
while the Senate, being a permanent body, a vast mass of public buaiuMS 
necessarily devolved upon them alone. By degrees tbe independent poiTera of 
the Consuls and other magistrates became narrower, while tlie influence of tbe 
Senate was, io like proportion, eitended, until, ere long, the magislnitea ir«r* 

1 qo. Id V«rr. V. IS. 

..A .H . u . ^ Vallaliu IL M. Digest 1. mUL 1 L. Iv. «. 

Liv. M. ft. thu. Add. I. IS. 11 r. h. Jbt. VI. :n. X. 

nlU, (OMIT, 41,1 tiM OBMUt »!■■«■ rim WM SS 

ran, ud BhIIt nlHd bf blm U UMJOMi bM 

LM7«;"(a;."*i"i;iLT 1>i«a7(.II.UK.in.ll.9S.n. Plat.S<WLlI. DIM 

Cmt. tvut. Hii Hov. OeU. II. f. 1M. 

OLwk 



mx SENATE. 207 

litUe mora than the Nrraiit* wbo executed the orden of tbe Scaatd, bj whoM 
dccinon the wbole tulministralion of public aifain wsa regulated and eoiitralled. 
The people ia their Comitia alone bad the right of enacting or reoealiiig laira, 
of electing magistrates, of declaring irar or ooncloding peace, and of deciding 
npon charges whidi involved the life or privil^ca of a citiien ; but with thete 
ezo^oiu, the powers of the Senate nere almoat unlimited. Hence, we might 
oontent oDraelTee with thia negntiye detcription of tlidr duties ; but there an 
certain important matters nhic£ we maj brieSj DOtioe aa taUiag more eepeciaDf 
under their ooatrol — 

1. To the Senate eicliuivcly belonged the admbiatraUoa of foreign affun. 
Th^ conducted all negotialiona, appointed ambaiaadon aelected from their own 
body, gave audience to the enn>;t of independent Btates, and ooncloded treaties. 
The7 received the deputations sent from the provinoea, granted or rafuaed their 
requests, inquired into their complaints and redressed their grievances. ' The 
people, aa we have repeatedly observed, had alone tbe power of deckring war 
or concluding peace ; bat no proposition with regard to these points coi^d be 
submitted to Uiem except through the medium of the Senate, and when an 
attempt to pass ever the Senate was made, it was regarded as httlo better than 
adirect violatiouof ibecoostimtion — novum malamqut exemplum,* All matters 
connected with the general condoct of the war were left to their wisdom. They 
named the different Proviooes and their limits, thej distributed them among the 
different magistrates, tbejr fixed the amount of troops to be placed under the 
ordera of each, they provided the neoeasary supplies of provisions, clothing, 
warlike stores and money, and afler a victory they voted thanksgivings, (^Sapph- 
ealiona,) and greater or leraer triumphs (^THaiaphi — Ovali«na.) ' 

2. With the assistance of the great Collegeaof priests, they czeicised a general 
superintendence over the religion of tbe stale, arranged the periods for the 
cekbration of Uie moveable feasts and for the exbibition of extraordinary games. 

3. To them belonged the whole management of the poblio Exchequer. They 
were the auditors of the publio acoonnta, aikd all ditbtusenieota were made by 
their ordeia. 

4. Up to tbe pasdng of tba Lex Sempronia ludieiaria of C. Oraochns, 
(B.C. 122,) tbe jnroia in criminal trials (iudka) were taken exdnrively Ihim 
Uie Senate. 

5. The Senate aaanmed to itself, on several occaaionB, nnder pressing ciicnm~ 
atancM, tbe right of suspending for a time, in Givout of some partioulv individoal, 
the provisions of a positive law. This was, however, regarded as a stretch of 
Uieir prercvative, to be justified only by extraordinary eme^endes ; and C. 
ComeUna, Tribune of the Flebs, B.C. 67, brought m a bill to stop this practice 
— promnlgavU Itgem qua aucioritatem Seaatut minue&af, ne ouu niri per 
popidum Ugibu* loiveretiir. See Ascon. in Cic Orat. pro Comet, arg. p. 57. 
ed. OrellL 

6. In aeaatma of great danger or alarm they aemmed tba right of investing 
tlte Conmls with Dictatorial power, by what was termed a Deeretam UUimitm 
a. £rlr«Rwn. See above, p. 183. 

7. AUboiwh tbe Senate never claimed the power of making or rqiraling laws, 
it ii eertain tbat, in the eariier ages of tbe republic, no law was submitted to tbe 



I Patjb. VL la Uv. ZXX. 17. XXXI. II. XI. w. 
1 AlUWU. Ut. IV. 10. XXX"' ' ■"'" *■ ' 

KM. XXXIV. M. XXX VII. «a 



Ut. IV. 10. XXXVL 1. XLV. 31. A> to (wMa Llv. XXZ. ST. <L XXXtIL 

■ - xxxvii.sass. 

L1>. XXX 17, XXXL II. XL. sa. 



. ,i,z<,i:,., Google 



Ceniiiift Centuritta imdl it had been reriMd uid auietkiDed bj tb« Saute. Bat 
M the potrer of the Tiibnnei of the Plebi incresaed, and eipacUlly after the Ltx 
PubliUa, (me abovg, pp. 149. 156.) b; which Flebaciia were toulered biBding 
opon till onlen in the slate, the nghl or previaiu unotion, -r^alkuxiu/tii, h it 
wu termed among the Greeks, even if it was faHf admitted, became of oom- 
ptrMiielj little importaoce, (Dionye. VII. 38. IX. 41. Appian. B.C. I. 59.) 

But while the S^iate diachaiged these aud manj other functiooi of the highest 
inporttiMe, for the nuMt part without qnestion or opposition, still the people 
bemg, accoidiagtolhepriiKiiihaoftheooastitution, (KeabaTe,p. 109,)nipreme, 
wNuioDaU; mloftred and rererfed the airangemenu of the Senate. Thus, no 
pncogative of the Senate waaDKweoompleteljreoogniied and wss, for ogee, leu 
dispiitod, ihantheirtitle to diatribnte the Provinces according to their diaoretion; ' 
7et,a«w« have seen abore, (p. 219,) the Iribas,Dpon three important oooaiions, 
took the matter into thor own hands ; and other examples of & similar natnn 
win be fbimd teootded, liom time to time, hj the Hiwm.n. 



Benata, alllMm^ nomioallj, in a considerable d^ree, nnder the oontrol of the 
higher mai^stntea, were in reality their maiCen. It ia tma that tbe Senate 
eonld not meet imleM nmunoned hj one of the great fimctionarlce, and oonld 
wither deeida nor even deUberate npon anj qneation unlen regularly brought 
nnder tiieir ootioe by the piesideot. But, on tbe other hand, tlie magistiatea 
were miable to diacborga their ordinary duties without the aanctioD and aasiatonoe 
of the Senate, and wonld have been ntterly powerless witliout thdr support 
DiffennM of opinion oooaaionally arose, wbai, if the Senate were resolute, and 
the Conwli rttoied to yield, (tn polataU ». in auctoriiate Senaiua sue,) the 
1*^**', as a laat resource, nught insist upon the nomination of a Dictator, or 
nugfat appeal for aMtstonce to the Tribunes of the Flebs, who were ever ready to 
interfere npon sncb oooasions, and coold, in an extremity, oider the Consula to 

Eren when in aotnal comnumd of an anny, tbe geDoals were dependent npon 
tbe Senate^ for they were strictly confined witliin the limits of thdr Province, and 
» the Senate th^ looked fbr all snp^ies, and for the ratiflcation of all theii 



le Senate aonU not meet nnless rammaned bf 
I maf^slrate, and eertun ma^jistiateB only posssosed the power (Voear* k 
Cogtre SenatinB.) imoi^ the ordina^ magistrates, tbe pnvilege bekmged to 
the Consuls ; in thor abaraoe, to the Praetor Uibaons, or to those magistrates 
who, for a limited period, were substituted for the Conaols — the i^eeemnn 
legSna tcrihrndii and the Tnbani mSiiaru eottaalaripotaUsU, Tbe Tribnnea 
of the Plebe also, afW a time, assumed and maintaiiwd the ri^t of suaunoninr 
the Senate. Of the extraordmaiy mi^aCrales, to tbe Dktator, the Intenex ana 
tbe Praefectoi UrW. * 

M*4s af BnwaiUaK- AatmiMMt*. — When it was necCaaaiT to sommcn 

the Senate in great haste, it was done by means of a Praecaaod Viatoru; bat, 
under ordinary eiranmstanoee, a pablio noUoe (^etHetum) was posted up a IVw 
day* btfoiriiand. There were no fixed days fbr meetings of the Senate nntil tlw 

' u>. ifi »i7i». IT. wise. V. ft 

» Ui. V. Tt. VI. M. VHL 1. ». X. 1. aa. 

4 Anl. 0*11. XIV. T. ■ho snout Tinv. On. teOnt III 1. d* Iftf . IlL 4. wks^ V Mi 
Mot bi nmel, add* tiK l[4()Ma' BqidMiD Is tto sbsra llu. 



IHS SEMATE. 259 

dnw of Auenttns, > who ordained that the Saute ihoold meet itgnlarij twiea 
creij mouth, on Che Etleoda and the Idea, and baice anw ttu diatineiio* 
botween Senalui legittntua, an otdinaij, and Saiatut uuHetut, an extraordiuai; 
meeting. 

The a ttend i n ee <f Bmatoa wm not clonal, bnt mioht be enforced b; the 
■ommMiing magirtrate, and the7 irere liable to a Gae if abeetit withoat good 
reuoa; but this qipean to have been seldom «iaated. Under the empire, 
memben of tha Senate were exempted from attendanoe after thdr ebcUeth (or, 
pertiipi, dit^-Bfth) jear. ■ A fiill meeting of the Senate vu called SauUia 
fitqtitnt, a thin meedng, Strtabumjrtqa^ia. When the ratg'ecti to be ptopoeed 
for delibsatkn were d; importanoe, it wa» not unosnal, in the Edictam, to 
teqaeat a large attendanoe. 

PhM* •rnaMlai. — The Senate coold hoM thtir meettora in a Templum 
onl^, that is, in a plaee oonaecnUed \tj the Aognr». The or&iaiy conncil hall 
for manj centnriee wai the Cima HoitUia, whioh stood npon the nonfa tide of 
the Onnttiuni; (see above, p. 17;) bnt oacaiioaaQ}' we find other Templa 
empIoTed for the same pnrpoee. Towaidi the close of tlie republic and nudet 
the empira sereral m^mflcenC ediGcea were erected, with the eipreee otject of 
aerring ae Senate-hotisea, and of these we bare noCieed the Curia JuUa and 

When the Senate gave aodienoe V the ambanadoTs of a boetile itate, or to 
the gtAcnla who wiibed to retain thdr ImptriuTit, which thej would have 
(orftUed by pBsuogthB.fWiocriuni, then the ordinary places of meeting were the 
Temple of Bellona or the Temple of Apollo, both in the Praia Flaminia. See 
above, p. 68. 

MlaMww af C«B*icilHa » ■■!■■■■ Before prooeeding to baunest the 
anqnoei wm taken and a laorifloe offered hy the magistrate who had called the 
meeting. * 

The magistrato or magistrates, for both Consuls ^ipear to have freqaently 
aetadjouitly, who bad caUed the meeting and who preiii^, had akme the right, 
in the first instance, to submit anj matUr for deliberation, and in doing this he 
iMially commenced with thing* sacred, and then passed on to secular affaiis (de 
rtbai dimaa priiuquam Aumanu.) * When the preudent umply made a atata- 
ment for the pnrpoee of oommimtcatmg intaUigenee, he was said rem ad Smatam 
dtfem, when he biongbt befim them any qncetitMi for diecnaeion, rent ad 
SmataM referre. ' 

Vhen the preridiog mapetcate bad GnidMd the bnancM for whieb the meeting 
had been Rnunooed, it was oompetent for a Tuibone of (ha Keba, or anj other 
magiiMe who poasened tha ri^ of holding the Scsiaie, to propose a anlgeot for 
debate ; ' but nnder no dramutanoea oonld Ihia be dmie bf a private Senakr. 
It was not nauBoal, however, for the houoB, ai abo^y, tocsil npontheprerident 
to bring some matter under tlteir conudetation-— poettdore sti rtferrtHt—ca*- 
damalum est ex onmi parte curiae «M refartt Praelor, &c. ' 

In anhmitting any matter he was said, as noticed abo*e, szrEUE rem ad 

1 U« m. n. XXVm. ft OaadkuXLa ^pm B.C L X. Dion Cua LT. a 
LTIail. CnltallnOonllui. II. 

> LI*, m M. xxxTL a xuiL u 

3 AnL Oill. XTV. T. Claidthin.: ... ... 

t Ant. 0«ll. 1.0. ooDik LIT XXa t. II. ZZIV. II. 

( *.(. LI*. iL n xnix. 14. 

* :*. Ob. PbDIpa VIL I. pro. ieg. Hu. 19. id ttm. X. I& 

t Ut, XXX11.XLII3. Cla. (d fitoi. X 14 TMlt. Ana. ZUL « 

L ,l,z<,i:,.,GOOgk" 



Senatum or skfebke (id Senatum de aUrpta re, anil die question or nitiieat 
■obmitied wm called Reioiio. After the Relatio bad been brieflr expUined, h» 
proceeded to uk the opinion of tba honae, (considere Senatum^ wbicli he did 
In the iTordi Quid de tart fieri placet, and this opinion iru elicited bj calling 
vpoD each Senatm' b; name (uonitnofini) to declan bi< KOttmoits, {lententiam 
nwir« s. interro^re,) employiDg' the form Die . . . Qiere thenameoriheindi- 
Tidoal a^dieeaed) . . . (pad cen$a. A certain rule « precedence was followed 
(gradaAa amsulere,') If the dectiout for the following je»z were over, the 
G>nauli elect irere fint called upon to speak, (cenaere — deceraere — lententiam 
dietre,) then the Priocepe Senatnt, iben those wtio had beld the office-of Connil, 
(Coniijarei,) those who had held the office of Praet^, ^Praetorii,') and so on 
Uirongh the inferior office*. Again, in adJoUiag the order of pi«c«deiice between 
those belonging to the same class, the rule of senioritj was geneiallf followed ; 
bat a certain degree of latitude was allowed to the presdiug magiatrate, who 
might mark his reaped for particular individuals b^ caJling upon thsm out of 
tbeiT tom at an early stage of the debate. ' Considerable importance wa* 
attached to the privilege of speaking earlj, for we God Cicero enumerating among 
the various hoooma and rswarda which he would enjoj in oonseqnenoe of being 
elected Cunile Aedile — antiquiorem tn Senatu imUntiae dicendae loevm (In 
VetT. T. U.) 

A Senator, when named, usually rose np (nrrertf) and eipreaied hi* news 
briefly or at length u he thought EL It does not appear that any limit was 
fixed to the length of an oration, and hence factions attempts wme •ometimei 
made to stave off a question by wasting the whole day in speaking (diem 
eotuumere — i/tem dicendo eximere.) ' We have stated ti^t no private BenalOT 
was permitted to originate any motum ; but any one was at liberty, when called 
upon for his opinion, to digress from the autyect in hand, and to atale his oinnion 
ii{)on topics tbreign to the actual businen. In doing this he was said egredi 
reiatiotiem. * Oocaaionally, in mattera of great importance, when a Senator 
was doiroua to eipreas hiinself with deliberate solemnity, he nad his speech (dt 
tcripta tententiam dieere.) * 

Many contented themselves with simply assenting to a prapomtion, without 
iWng and delivering a formal harangue, (verba adMentai—Kdeni m^Kattri,) 
while othen gave a silent vote, (pedOitu in KuttnHam ire.) * 

When every Senator had bad an opportunity of explaining his sentimenla, 
(ptrrogalii senUtttOt,) if a difference of opinion had arisen, the joendent 
proceeded to state the varions propoatkuis in *acce«OD, QjronnNttare •ottenfioi,) 
and a divisioa (dtieetna) took jdaoa, thcae who anpported the first pnporition 
bting derired to pass to one aide of the honso, while those who did not qiprove of 
it wer« to paas to the other — Qta Aoc eeuttti*, iUue trantiu, ^ aUa omnia in 
JuuK jNirfem— AIJ& OKNU, bnng the teehnieal fiuTD used to denote evoj 
opini(Hi«xoqit the one upon wUdiUM vole was in the act of bong taken.* From 



. __ . _. . jrT.T.ll.rblllpB.T.1l.ldJ 

_. IL XIL II. Tbiwtrdi DfaiUut lOLM.) vUb rtfiri tg UU CmnJ iattmalui 
HrfHltlT tffldlell — Turn D. jMMitu StinmvMj pHmul tnimliim rBgatw «.«J m b_..M« i^m 
MvlrnoM vrat Th«prlTl1*fft.hawtw,doH ut aain to ban tit* 
tl!ftUflal«Dt{ ftar. Bl Wfl Wrq ftrom tht lumllTV of Applui, In tbfl 4 
CBtftTi AltlHttsh Pnttor mLmi, did not ipoek oniu ■IW DDAa; Sv 



iL QM. ir. » XIV. 1. LIT. XXVIII. U^ • 

_. _ ._. . . ... . ._..,. _|^jj| Mjird tg Uh Cmml ici 

ztADdcd to thf otbir DUcI^ 
H d«1wu iban hIktmm, 
BoiUsn hid HpvwM tkt 

». Id lun. 1 1. Id Att. IV. t lid Q. t. IL t. 

IS. AU. IV. & 

.VILIJ.X.I1 CwLB.C.Lt. 1 



* Ut. XXVIL M 



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iHKsauis. 261 

MoftheSenatcnwaaiiig tooppoiitaiidMortlMhonM aroiatlM 
common foimDlae which exprcued th« act of voting in fkToar of a meMnn — 
diKtdere tn Mufend'ani — irt in itattntiam — pedQmt ire in lenttntiam. We 
have already olacrvcd that the Iwt of thew wu applied to thoM n-ho giave a 
vote witbont ^)e«king, and hence ibe membeia who did thi* habiinallj mra 
ienntA Ptdaru Senalora, at lout thai is the moat reaKoable oiplMiation of the 

SometimeB a propasdoa might oouiiat of different heads, ind vhile tome 
penoni might agree to a portion of it, thej might ba unirilling to asaent to tiie 
whole. Mi thia caae tfiaj inflated that the preaident (honld aeparate the 
pcopwition into obuuw, and take ttie lente of the bouM npon each acpaiatelj — 
pottiilalHtti ett mt Moicnfia dimdereba: ' 

On the othw band, wlien a nwgiitrate hniried tbraogh a propoiilion oonaittlng 
of aeretal heada, withoat time bemg allowed for the dlacuauoa of the doiuea in 
detail, he waa tiUper taturam tentexliat txqairere, * 

When a speedy dednon waa indiipcnaable, ot when it was known that men 'a 
minda were made up, the preaident did not aak the opinion of the Senntora in 
anoeession, tmt praoeeded at once to the vote, and hence the distinction drawn 
between Senatua-toruaitam per reiationem and Senatus-consulium per diicti-' 
Mumern ; but it must be obaerred that the latter phriao may be applied to every 
decree of the Senate upon which a vote iraa taken, whether preceded bj a debat« 

Wlien the Senate bad aeparatcd and were standing upon oppodte ^dee of the 
Iwoae, ilie preudent, who ifmcan to have had no vote, proceeded to oonnt, and 
announced the result by the fonnnla — Haec part maior videtur. Occasionally, 
ahbongh a difference of opinion bad been eijffeaaed, the rote waa oiutnimons, and 
in tiiia caae was lamed — iSin« uUa vaHttaU ditceuio. * r- 

NcHUiaii CMiialiaHb Scwiiih ABet«rtiaa.-~A proportion sanctioned bj ■ 
majority of the Senate, and not vetoed by one of the Tribnnea of the Plebs, who 
might iuccrnipt the prooeedinss at any stage, was called Smalui-Comidlmit 
or Senattta-Decretam, the only dialinction between the terms being that the 
former waa lluj more comprelientive, unce a Sraafw-Conjultuni might include 
several ordera or Dtertta. 

But if a Tribune of the Pleba put bia veto on a propomtion which a mqcritf 
of the Senate had sanctioned, then the resolalioii of the Senate waa called Senatui 
Aueloritat, and became a mere formal expresuon of opinion witliout legal 
efficacy. 

iriien a Stnattii-Ccmgidlum had been paased, it was reduced to writing 
(pertcriplum e*t.) Thoae who had taken the greateat inlcrcat in the measuie 
aupcrintended lliia [woceea, (aeribendo ad/uerunt,) and Ihdr namea, atrted 
aaeloritaUa perteriplae, were included in the body of the document. 

In like manner a Senatiu Auctoritat was fiequcntly written out, aerviog as a 
sort of protest, and recording the namea of those who had supported the motioi 
as well as of die Tribune or Tribune* wbo tiad interceded. ' 

When one or more Tribunes had pnt their veto npon a meanra approved of 
by a large majority, Ibe Conmla were aomelimea requested to remonstrate with 



xiV.r. 

tClr.lnCiLIIL&proS* 



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proceeded immediately to oon«ii1t tbe Senate upon the propriety of baring reooaiw 
to atroog meuima, wh«tber, for example, it might not be expedient to m&ke an 
^ipeal to tbe people or to arm the Coiunli irith Dictatorial power. ' 

Hot ontj a Tribnne but one of the CmudIs might interfere to prevent tbe 
pairing of a SenattU'Contuiiam, «ach inlerierence being termed iniereemo 
eoB^ae, or, generally, any magiebrate poeeeeeed of anthori^ eqnal to or greater 
than that of tbe magietnte who brought fbrmrd the proportion. * 

Ordinary Senators, althoogfa th^ cotdd not positively forbid the pauing of a 
resolntion, might in varioni ways impede, delay, and thni erentnilij fhietrate 
it, — 1. By speaking igunjt time. — 3. By demanding tiiat each indHilual Senator 
ahonld be called opoii to speak (vl linguli coniiulanttrr.') — 3. By requiring that 
each clanee should b« discussed separately («/ tentntiat dipideraitiir.)—i. By 
calling UDon the president, agiun and again, to count the honse, (Numerare 
&naluin,) in order to Bsoertsin that there was a proper number present. * Thii 
leads DB, finally, to consider die question of a 

QBH«._That the presence of a cert^n nmnber of Senators was neoessary, 
in cnder that the proceedings might be valid, seems beyond a doubt ; bat it is 
equally clear that this quorum must have varied at different periods under the 
repubhc, and perhaps according to the nature of the business, for we lind in 
different places a hundred, a hundred and fifty, and two bundred spoken of as a 
Quorum,* Under Augustus the presence of four handred was, U one period, 
leqcictd ; but it would appear that this rule was sabeeqoently relaxed, at least 
when the questions discussed were not of spedol importance. At a later epodi 
the quorum was reduced to seventy and even to fifty. * 

Ib>1kbi« ar Hcoaisn — Senators, Irom on eoriy period, were distingniAed 
from oidinary citizens by certain peculiarities in thdr dress, to whiob other 
privileges were subsequently added. They wore — 

1. Tanica Laticlavia, an under garment, ornamented with a broad vertical 
pumle stripe (Hor, 8. 1, vi. 27.)- 

2. Annnlut Aareia, a golden ring. See above, p. 102. 

8. Ca!cetis Saiatoriiu, a shoe of a particular form fastened by fonr struis, 
(oorrigiae,') the Lora patricia of Seneca, which were fastened round the calf of 
Ott leg. To some part of this shoe a piece of ivory in the form of a crasoent 
(kmuUi) was attached. From the words of Juvenal (S. Til. 192)— 



ti Horace, (S. I. vi. 27,) it has been conohided that tbe Cobetis 
Senatorius was block, while othen have inferred from Martial (II. 29) that it 
was scarlet If £he latter opinion be correct it was probably the some with what 
is elsewhere termed tbe Muileus. * 

Seats were reserved for the Senators In that part of tbe theatre called 
tke Orchestra, and at a subsequent period tbey enjoyed a similar privily 



HBt>. Cla. ul bu. TIIL It. (4 

ro Con. p. sa ti. OrtU. 

IliMd. VT- 1>. 0. 

IB-TS. Hutlsl. I.M).a» 



".OOglf 



fat tka tfroM, M m dull mentiw men ptitieobrlr whoi itiic—ing As PnUte 
Oainn. 

Legatio Libera. — One of the most —'**"-*'*' ftdnntagw enjtned bf k 
ScMttr WM, tbit wb«D be qnitted IUI7 Tor bia own private bnonas he ORuJl/ 
■wwived, bj a vote of hli colleagaes, a Ltga&a Uhtra, in virtne of whidi be 
WM iirTMled irith tbe chHactcr of an ainbHnklor, taA wu enUiled, in all 
fttdgn eonnttio, totheMmeRepaotaiiilccm^daatioiLuif btbadattnaDjbavi 
deqMnhed npon mom qwcial miirion bj tbe itate. ' 

•oHMe amicr A* Bapli*.— Tbe InflnefMB of tbe Senate under tbe Empiia 
waa, oatMunUy, prodigioiHlr innnaaed ; fbr it not wAj retained all it* Ibnier 
rigbte, but waa, to a great extent, inreattd whb tboae powen wbiob, tinder tbe 
eomiDonwealtb had fbnned the ezohuive proDgatiTe of tbe people. 

1. We bare ieen above (p. 161) tbat uedecdonof m^jttralea wMananged 
between tbe Emperor and the Saute, the Cmnitia being nwelj called npon ia 
Kppnve of a liat, previondj ptq>ai«d, wbidi tb^ conld nalbv rgect nor iltw. 

2. In like manner, tbe feguua^e fimotioiiB of the Comida wen entit^ 
foqieDded bj the Decree* of the Senate Ktd tbe Cons^tutkne of tbe Fiinoe,iriiiMi 
wen mbmiOed to the Senate for rati&cBtiOD. 

3. All cdminal triale of importance, all wbieb oonld be olaeaed nnder tbe head 
Imitate trials, inclnding charges In anj waj afiecting the goTemmfait, tbepeiKm 
□f the Emperor, tbe proceeding* of Senaton or their Dunilles, or the cbaractei of 
the Prooonaalar goremora, were referred to tbe dediion of the Senate. 

i. Even qoeetione with regard to -war and peace, althongb nBtorally apper- 
taining to the Emperor in bia capacitj of nipreme mihtaiy oommander, were 
oocasiona1l7 left m tbe hand* of tbe Senate (e.g. Dion Cat*. LI. 23. LXYIII. 9.) 

5. Laatlj, the Senate elected and deposed the Emperois themeelvea, and all 
the power* in Tirtue of which the EmpenrB exerciied dominian were nominall; 
oonfened bj vote of tbe Senate. 

But tbete privilege*, vast in name, were, in really, a mere emp^ show. It 
fbrmed part of the policj of Angnitos and of the moat Jndidona among hit 
■aecesMire to govern throogh tbe Senate, which became the mere tma of tbe 
imperial will, exeonting with nadj tnibmiauon all ordera commanioated dirwtlf , 
and watdiing with e^vile eagemets and aniietj for the slightest indioatioD* 
whicb might enable it to divine the secret thonghti and anticipate tbe wiabea of 
the Frince, while, in addition to the sanction readilj accorded bj the bodj in its 
ooiporate capacity, each individnal Senator was re<inired, at legnlar pviodi, 
generallj at the commencement cf eadi jear, to approve and ratify tqMm oatb 
themoceedbgaof the Empcior (lurore in acta fVinctpit.)' The actual poritiMi 
of the Senate in tbe state waa very different at different time*, depending almoat 
entuelj npon the temper of the aoverwgn. Bir some it waa alt^etber diangardsd 
or treUed with open contetnpt, insnlt, and crneltj ; by othere it waa aSowed to 
discharge tbe matt weighty ^mctione of the government, and to exemae asteniln 
patronage withont qnestion or interference ; bot, in every caae, all distinotly 
nnderatood and felt that thev acted by penniiaion only, and that they wen, m 
fact, a^nU -nho were allowed a greater or smaller amoont of diaeretioiuiy power 
aecordmg 10 the oonvenienoe or caprice of th«r employer. 

In caiea when an attempt was made to dethnne the laigidag En^ctw, 01 

1 Cls.««(Hl. XI. I. Xn. t1. ail AtL IL la XV. 11. pro Ftuia M. VlL Xu. T. IILI 
aMM& Tib H. On 111* ibuHi ta wbtob tUi pnrtlet lanrlw H* CM. 4atef.a«r. L> 

■ sia Dhn Cua. LI. n. LIIL M LVIl a IT. LX. M. TxiK. Am XVL tt. 



264 *'HK tXKATB nn>K> THK EKPUtK. 

when the tacoewion ww diipnled, the pou^on of the Seoate wu peculiutr 

r* ilul Bad haunlomi. Compelled lo submit to the dictate* of the chief, nM, 
the time being, wiu in inilitai7 ponoMion of lli« capiul, the members were 
Uable, npon each change of fortiuie, lo be tre&ted oi rcbeb aod traiton bj die 



Kaiiat.n «a4n- Iks EiBpln^-W'c liave iCated above (p. 105) 

Oat at the period of the fint Ceamu, held after tlie battle of Aothim, there 
wore one thooiand SeniUcn. Augiutni redaced the number to nz hundred; ' 
bnt we bare do diitinct intbrmation of nhat took place ia thia rctpcct under 
tubflsqueat Empe^o^^ each of whom, in virtue of hii Cmsoria Poteilat, dreir 
up, mt pleanm, liMa of the Senate, admitting new members and excluding the 
nmrorthy.* 

Panaaa «allllc4 (• Sobbmi bb4 CsHiall (ks Reiiars. — Ai under the 
imbBe, the Senate mi^t be lammoned bj the Coninls, Proclora, or Tribunea 
of the Flebs. When tu Emperor vu Consul lie presided in that capadtj ; at 
other Umea, when present, ho occupied a Cumie diair, placed bctnccn thute ol' 
the two ConniU. * The Emperor, in virtue of his Tribiinilin Paltxta*, oould at 
anj time coll a meeting, and even when Dot presiding, was allowed tc originate 
a motion and submit it for deliberation. This privilege was eventually extended, 
M aa to empower him to bring leverai distinct matters nnder consideiation, and 
wu terrned Jiu Itriiat — quartat — quintat relatianii. * 

Onl* itciuiartB*. — This expression was used under the republic to denote 
the members of the Senate collecUvelj' ; but under the empire it seems to have 
iDcInded all the children of Senators and their direct descendants, who ihea 
fimned a distinct and privileged clou. The sons of Scnaton especially inherited 
asortof oobilitj. As soon as thej assumed the Toga Kiri/ii the/ were permitted 
lo wear the Tunica Laticlaeia, to be present as auditon at meetings of tha 
Seoale, and enjojcd various rights and exemptions, both military and civil,' 
many of which were shared by the Eqailu iUustret, of whom we have spoken 
above (p. lOS.) 

C«iuilii>B> Macipia — AnguBtus employed the services of a oommillw 
. oompoeed of the Consuls, of one individual from each of the classes of higher 



which were aftenvords to be submitted to the whole body of the Senate, and in 
the prosecudon of judicial Investigatioos. * 

lie Comniium Priticipit, as it was termed, gradually underwent vciy 
Bomeotous choDges, both in its constitution and in the extent of the powers 
iridch it exemsed. The number of members was increased, individuals were 
•dmittcd who not friends or personal attendanta cf tl:e Emperor, hut who had 

— --^ ^jj[i jjjj, s^g[^^i the most wd^ty questions of policy were 

I finally decided by this privy conndl ; ana u early as the time of 

IDIonCuaUV. la^lk 

■ •.■.DiooCw LIV. iait.LV.3. TuH. Abs. IV. «. BnM. Vbiil S. 

«Ffli.Epp. II. II. DloB Oil LV. <>l . 

<Tult Ann. lit IT. Dion Ou& LIIl. SL LV. IB. OplloUn. M. Auni B Fntin.^ 
UopiU. Alu. ■«. I. VoplH. Wrab. It. 

< IMa Chi. LU. SI. LIIL 1$. LIV. w. SoM. Obiht. aa D\gm. I. fz i— ID. XXIIL U 4V 
I. L H I S. eoDB. TasU. HIiL IL M. 

* DIan Cu& Oil 11. Sum. Obu*. tv 

" " ~ *' ' ■• MJltd, fonrrf the iwnonil •"IT "T th* 
"— lu ihfir dlgDHr {IrOm 



THE BENATE DKDBB UtS BMrlSE. 265 

Hadriu, it had nimped the most imporUnl fonctioiia of tbe 1eg;ulstiire ind tba 
mnita of Jnitiee. It did Dot, however, aionnic a regular nod definite ibnn nittil 
the ragn of Diodetian, when it wm esIablEihed und^ the name of Cmautorium 
PriHcipu, and henccforwird was faHj rccognixed m an indepeodent and powerfU 
depwtnMot of the goTenunent. ' 

t. Tib. IS. N«r. IS. Tit 7. PUo. rutna 



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REFERENCES TO CHAPTER VI. 



The Senate — MommBen, R&m. StaatneAt, HI. p. 836, sgq, Ijuffi, 
Ram. Alurthiimer, I. p. 3S9, liqq.; 11. p. 352, «qq. Willema, broU public 
BoTnahi, p. 187, Bqq. ; 449, B(|q. AliMvig. Vtr/attung und Verwaltaiig, 
I. p. 21:10, tqq. ilerzog, Gachiehie und Ssttem, p. 867. aqq. 

Manner of Choosing the Senate,— Willeme, Le Sinat de la r^ubligae 
romaiiie. Tome I. ; La compoaitiou dii Sinat, Puru, 1ST8. Lunge, De 
ple^-iieiiU Oviiiio et Atinio dispuiatio, Leiiizig, 1878. 



Senatus Consultum Senatum Auctorltas.— Bieling, De diferenUa 

inter lenai^is auclor., amt. et fiecrel., Minden, 1846. Pick, De atitatia 
eotisullia Romaaorum, Berlin, 1884. Ptaaclinik, Lex Horletuii 47B tt.c. 
(ZeiUcbr. fur ttsterr. Gyiiin., 1872, p. 241). Beaaei, Da» dntle vederiadt- 
horaiiiche Qe»etz, Bona, 1880. 

Senate ander the Empire.— Cadnzoc, Dieadence dn oAuk romain 

depvU Ciaar jusqu' a Coiutantin, Limogei, 1847. Hemnaim, Senalul 
roinani sub primU //iiinque Cat/aribnt qvae fuerit fortuna ae digtuta$, 
Bniehsal, 1857. Callin, qualU sub primis imp./ueril coadicui tenaliu Bom., 
UpBBloe, 18G6. Hotter, Ufher dot Verh/Utnisa aeitdien Kauerthunt Vltd 
Smat unler Avgwtlas vhU Tiheritu, Pnig, 1875. 



Ordo SenatorlUS — MommsBn, SSm. SUmtmeht. HI. p. 458, sqri- 
Willema, Droit public Itomaiii, p. 404, sqq. Madvig, Ver/amina and 
Vericalliing, I. p. 149, aqq, Herzog, Oesch<c/ite umi Sijetem, II. p, 255, iqq. 
Fried liinder, SillengexkicMe (5 ed. ), I. p. 209, iqq. 



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CHAPTER VII. 



OK THE FDBUC LANDS AI4D THE AGEAKUN LATS. 



A«ar PaMlcaa wu the general term for all laoda whidi bekmgBd in 
ftuyttiy to the itate and not to private individuals. A dommn of tbU dctcription, 
thft prooted* of wfaich yren applied to tha pablio aervice, formed part of the 
Boniu tenitoi^ from the earliest times. ' Ori^nallT- it miut have been Teiy 
Ifanittd in extent; bnt aa the Eomaas gradnal]^ sabjogated Italy, they were in 
the habit of ratdcting thcae tribea wbich ndited their arnii of a conailerable 
portion of thdr lancb, and, in proceas of time aeqnired immense tiacts. In Ibis 
mj, fbr example, the Hemici and the Friveniales ^ere deprived of two-thirds 
of uidr territoiy, (agri partes duae adantae,y the Boii forfeited one half,^ and, 
iqton the reoorer^ of Caona, alter its revolt to Hannibal, the whole Ager Cam- 
panvt, the roost fertile district in the peninsula, was confiscated.^ 

A portion of the lands thus acquired was freqoentij sold bj public auction, in 
order to provide fonds for the immediate wants of the state. The remainder was 
diqicwd of in different ways, according to its natnre and condition ; for it might 
be, (1.) Arable, or meadow-land, or vineyards, or olive nrdens, in a hi^ state 
of culivation. (^.ll^od of good quality, cap^le of pn^udng the best crops, 
but Whidi m« hrh^ waste and depopi^ated in oonseqaence ot the rava^ of 
WW. ^S.) WQd bin and forest pastnre, of which there are vast districts in the 
noantamons regions of central aadaontbcnt Ital;, and alao on some parts of the 
eoasL 

(1.) The rich land in good condition was naoaHy disposed of in tfarec ways — 

If at DO great distance &om tlie dty, or if not in an exposed ntnation, it was 
bwiently made oro- (oMrigimtum) in small allotments, nanally of seven jiigen, 
to tiw pooro' citizens, those ohiefly who had acqnbed a cUm upon the state bf 
kmg nuhtaiy seirice. 

£^ flo the other hand, it lay upon an exposed frontier, or in the midst of hostile 
tribsa, a Coloma was estaUiibsd aooording to the policy already e:q)tained (see 
above, p. 118. 

I CoDricttac, sMMUr, etatafir of jwtiir* Iwd, snd hmog /■■km «u Ihs lUiolRn tarm tor 
thenmnaat&aMis.rnnwbaMnraaanadMlnd. SmPUilB-M. XYUI I. 
"LI*. IL41.VI11.1. 
•Ut.XXZVLMl 
• LIT. XXVt IS. 



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368 TUB PTBUC UNIM IKD THE ACSABIAH UWB. 

In botli of Ihete cmo the luids so uugned cea«ed to be Agtr J^ibUeut, nd 

were made over in Tull prapertj to the recipients, Eubject, in bo Tar u ccriomM 
wen concerned, to tKo condi^ons of tlic fonndalloD charter (formtJa.'^ 

Lutly, land of thii description was tometimet left in the baodj of the mtjn* 
gated proprietors, who were, however, truufonned from ownen into mere tenanti, 
who held the land on Icaw for a Sied period, and paid a Uii i«nt to tlie Roman 
Eiclicquer for the farms which the; occupied. ' In Lhli caae the land remained 
the property of the atate, and formed put bf the Ager Pablicua. 

(2.") (3.) It is manireit that the arrangemeotj with refrard to the laadi 
which hod been laid waate bj the operatioiu of war mnst have been of a reij 
different deacriptioa. Here the farm honaes and bnildtngg of every desoription 
would be in nuiii, tlic popuInlJon killed or dieperaed, the rines and fruit tRV 
cut down or destroyed, and not only much labour, but large capital wonld be 
required to render them ag;ain productive. la like mauner, the wide ranges of 
wild pasture land would be available to tliosc only who were able to stock them 
with flocks and herds and to provide troops of davea to attend and guard their 
property. Hence the stale was in the habit, in the earlier ages at least, of inritiDg 
persons to enter upon the occupation of such districts upon vei7 favourable tenna, 
the payment, vix. of one-tenth of the produce of com lands, and one-Eflh of the 
produco of vines and fhiit trees, when the land should have been again brought 
under cultivation, and of a moderate sum per head for sheep and cattle granng 
on the public pastures. These lands fell, as a matter of oonnc, in the earlier 
ages, into the hands of the Palriciaiu exdnsirely, the only class p 
capital, ntid aflcrivards the wealthy Plebeians also obtained a sliarc. The pa 
who so occupied the lands were of course tenants of tlie state ; but they did not 
hold Ic.iscs for a lixcd period, but were tenants at will, (jirecarib,) who kept 
possession so long as the stale did not desire to apply the land to any other 
pnrposc, but who might be lawfully ejected whenever the state thought fit On 
the one hnnd no length of occupAncy could bestow a right of properly upon the 
occupier, for it was a fundamental prindple of Roman law, that prescription could 
not bo pleaded against the state ; but, on the other hand,, it docs not appear that 
the state ever attempted to displace one occupier in order to make room for another 
occupier, but when it resumed possession it was (or the purpose of i^iplying the 
land toadifFcnjnt purpose. Hence, occupiers of the public lands, although liaUe 
to be dispossessed at any time by the state, might, and frequently did, retain 
possession of these lands for many generations ; and the right of ocenpanoy mig^t 
not only be transfencd to an heir, but might be sold for a price, the purrhnnf 
taking into acconnt, of oourae, the precarious nature of the title. 

A piece of land occupied in this manner was called i'oueuto, the ooaii{to WM 
called the Posutsor, and he waa said Possiilere; the act oT occupancy wm 
t/nts, the benefit derived by the slate Fructus. Mucli of the obeooHty connected 
with the Agniian Laws hni arisen from a misapprehension of the words pMitctere, 
possesMr, potaeuio, which when used as teclmical legal terms, never denol« an 
abMlute right of property but merely occupancy by a tenant. * 

It will M Men, from what we have said above, that the tenants of the Agtr 
Publicu* were divided into two classes, which stood in a vei; ditferent position. 

1 Sm Appliui B.C I. 7. ttvt Bam* ot tha lukdi In fl<all} mm 
Unvn, (Clo. In Van. T. 6,1 tni ll «• nry somnHni In th« wnl» 

s Tft. ■.*■ phmmAi, p. tn. cj« da o<r li. n. idv, Knu. Tu. u. 

U VLB. 1117. Eplt.LVIIL n«- III la Onn. V. la Mn 



fBE rOBLIO UKD8 AXD TBE AORARIAK LAWS. S69 

1. TImm who had entered npon funu in full cultivation, irho held leawa fai 
■ Bnited period, u)d who paid a Stir rt^t for die land. Sach iudividuak migbt b« 
tither tbe original oimen, or Soman uitiicns, or any perioni whataoerer. Thet 
itood in tbo aame relation to the itato aa an oriinoij tenant to hii landlord in 
modem times ; and if, at the terminalioD of the lease, either partj was dissatis- 
fied, the connection would tenninoto nithout the other having a right to 



3. Those who had entered npon the ocmpation or land lying waste and 
deaolata in oonsequenca of the ravages of ivar or from anj other cause, who 
were boond, as the land was rechumed, to pay to the etate a certain moderate 
pniportioa of the produce, and who were teniuita at ivill, npon an underatanding', 
however, that they were not liable to bo displaced in order to make room for 
•DOther rant-pajing tenant. The stats reserved to itself the power of resuming 
powesaion vhen it thouf^t fit, and unquestionably had a legal ri^t at anytime 
to ^ed the tenant ; but it doea not follow that this right could at all times be 
eienised with eqni^, especially after long occupation. Those who, in the first 
inatanee, bad become the tenants of the Blal«, luid probably in moat cases 
expended large snms in the erection of buildings, in the pnrchase of slaves and 
agrioDltnral stocking, and in Improvements of various descriptions. As the 
prodnctivencsB of the land was increased, the tax of one-tenth or one-fiflh, as the 
oaaa might be, would become less and less burdensome, and a very large revernon 
wonU acome to the occuiner, the result, in a great measure, of his own industry, 
aUll, and capital. Here it is evident, that if tlie stale, after allowing such 
oooopants to remain in occupation for a lengthened period, and enuoursgiug 
tbani to invest larger and larger suma in improvements, hnd suddenly required 
Ibem to remove, without, at the same lime, offering adequate compensation, it 
woold have been guilty of gross ii^ustlce and bad uith. But this was not all. 
Land held in this manner being a source of great profit, the right of occupancy 
ma, as we have mentioned above, frequently sold and transferred from one 
occniner to another for a large sum, and the validity of tooh aalea and con- 
Tefneaa was fully lecognized by law. Hence, if the state, by allowing occupation 
to ittnun nndisturbed for generations, had, as it were, permitted the piecirions 
satnre of the tenore to fall out of view, the purdiaser who had paid a Urge sum 
for the right of occupancy would have iuitni«lt; regarded the sudden rtiumption 
by the state as little better than an arbilraiy confiaeadon of his fortune. 

The original occnpien of the public pattnres were b a more favourable posiilon, 
baeaase here the capital was not souk in buihiings or in the improvement of the 
•oil, bat was laid ont npon oattle and slaves, which were at all times sure of 
finding pnrchaaera, althon^ loaa might bo sustained bj forced sales. Those, 
however, who had purchased the right of pastaring their stock npon a particular 
dialriot would, aa a mattar of course, have kwt the purchase money if called npon 
by the elate to ennender tfaur right soon after tbey had acquired it 

Having thnt etplafaiad the origin of the Ager nblicna and its occopatlMi, we 
WW proeced to consider the 

■<«■•• Aaiw la a. — It la fanpoasibla to fium a diadaot idea of the Roman 
eooUitntion tukM we fnllj etHDpcdieiid the oatnre and ottject of the Uws so 
fteqaentlj mentimied by historians nndv this MMDation— lavra which were upon 
Btaiqr ocoaiioai tba aoaoe of fiiriooa and fotal dlsoord. Their character was 
IcUUj mistaken by aab<dar« fbr many centnries after the revival of klten. It 
was nnivcnally beUered that tbey were intended to prohibit Boman dtiiens trtm 
boldb^ Fopotj in land abovea certain imomit, and for confiscating and diTidhia 



S70 TBK PUKUC LAIII>a AKD TfUt AQEAUUf lAWS. 

•BKmg iha poorer memb«n of the comtnnni^ tfa« etUtes of private penont in so 
Ik u the/ eioeeded tho preicribed limiu, Althongii the axpediencj of such « 
doctnne was sever recogniited m an; well itgoUted ttate, ancient or modeni, 
altbougb U ia at variance both witli the prindplea and practice of the BoEnui 
coutitution, and although the eipressiooa of andent writen, when cociectljr 
iderpretcd, give no support to the Euppoutioa that each ideai ivere ever 
nunted, yet the opinions fiitt broached ivith regard to the Ag^rarian Iawi were 
received and transmitted hy Bucceasive gezieratiDna of learned men almost without 
enapicion, and the innumerable embarraesmenta and <xintradictions which tliejr 
involved were overlooked or passed bj in sQenoe. It was not ondl the latter 
end of the laat century, (1795,) amid the excitement eau«cd by the wild Hlieinei 
□f the French revolutionary leaders, that Heyne Sat diatincdy pointed out the 
real nature of the«e enactments. His views were almoet itomediately en^iiaaed 
by Ueeien, while the penetrating and vigorous Niebnhr quickly perceiving and 
iq)preciating their vast importance, brought all his vast leamitig and aentOMM 
to bear upon the diacuselon, and succeeded so oompletelj in developing and 
demonstrating the truth, that all are now astonished that the subject coold baTe 
been so long and so grossly misunderstood. ' 

The discovery, for such it must be regaided, thus h^iily made, naj bs 
enundated in the following proposition — 

The Leqeb Aokasux of the Samara viert ut no eate mtendtd to mier/er* 
wilh or affect private properly m land, bat related exclutioeiy to the i^bxB 
PuBLicca, 

The Aga^ PubUaa having beeu aoqtuied and ooetqued aa expliuaed above, 
nnmcnins abuse* arose in process of time, espedally among the tmania bektoging 
to the saoDud chus. These being, as we have seeu, m the earner agea, exclonTdy 
Fatriciana, who, at the same time, monopoliied the adminisBalion of pnbui) 
af^rs, they were in the habit of defrauding the state, dther by nej^eotiog 
altogether to pay the stipulated proportion of the produce, or by paying less than 
was due, or, finally, by claiming what was in retdity Ager Fublicos as thdr own 
Drivale property, it hong easy, of course, in the absence of all strict superinten- 
dence and of sdentiGo turvcye, to shift the land-marks which sepaiated pnblie 
from private ptopetty. Meanwhile, the deficiencies in the public treasnij wvt 
made up br heavier taxes; and the Plebeiana oomphuned that they werg 
impoverisbed by new imposts, while the lands belonging to the oomn 
which they had acquired by thdr blood, if fairly managed, would yidd aao 
ntum to meet all demands upon the Exchequer, or, if portioned out in aDiitBUnla 
among themselTes, afford them the means of supportmg the iooreaaad boideni. 
These complainia, oDquestioaably founded in justice, were eooi vdienuatly 
ezpreased, and were revived (him time to time nuxo or leas Uxidly and enfbroed 
more or W earnestly, according lo the state of public feeling and the enffgy of the 
popular champion*. It is tme, that the wealthier Plebeians aowi became tenants 
of the Jger Aiiitcuiaa well aa the Patricians ; bnt althou^ this aircanurtance 
materially strengthened the hands of the occupiers, it did not impron the 
condition of the pooror make them less keoily idinto the injoilicaof theajWem 
uauiat which they protested. Hence, from an early poriod in the OMnnunweaUi, 
J^jK* Jpronae woe employed as most Ibrmidable and effideat wesfima of ottan 
lij the Itibnnea oT the Flaba, and by the leadeia of the demoentie party. 



t irtMa* wUcta ipptwtd In Um BBC7«la*pdU II<to«MnaBa 
a|i«B tb* RppMioon thai th* lam tS tfa* QntvU wh 
tr. BtfOn pDbllililnc hli blitoi? of Bon*, hamw. vUA 

\m.ttr, hi hid taVj idspCad tha Tlawi a( Hifnt ud Hlibutar. 



THE rvBua umDa AMD TUB aohabiui lawi S71 

Aemiding to our definitLon, the term Lex Agraria will inclnde any enaotment 
with regard to tho disposftl of the Ager Publicus; but it was luoally employed to 
denote, (1.) Thow meaiurefl which had for thdr object a reftirm in management 
of tlw public lands, by enforcing tbe regular pajment of rent on the part of the 
ooeupiera, prohibiting tliem from oocupving more than a ceitain extent, demanding 
the mirrender of portions and dividing theMinemall allotmeala among the poorer 
dtiwns ; and, (2.) Those which were intended to prevent the occupatuin of 
newl; acoquired territory, by inoBtiiig upon its immediate ^plication to the 
Cftabliibmentof coloniea or its distribution to individuals (uiriH'm.) It ismanileK 
that Agraiian Lawi, belonging to the iint clasa, were those which would give 
-'— '- ■' - et bitter omteata, because they would more nearly affect existing 



Tbe flnt Agrarian Law upon record waa the Ltx Cturia, proposed and passed 
by 8p. Cauiui Visoellinus when Consul, B.C. 486, (fum primum Lex Agraria 
pTOwdgata e*l, mtnquam drndt laque ad lianc memoriam line maximis moti- 
bas renim agitato.') Cassias was a Patridiui, and tbe measure must, in all 

Ebability, bave originated in some intestine feud among the dominant class. 
I opponents proved too strong for him ; for as soon as be laid down his office 
bawaa impeached of treason and put to death, while his law, regarding the 
provisions of which we bave no precise information, seems not to have been 
eoforced.' We hear no more of Agrarian Laws, until the years B.C. 424,' 417, 
416,* when much agitation prevailed on the subject, but without any marlied 
resulL By &r the most important measure of this class was tbe Lex Licinia, 
carried, after a protracted struggle, by C. Lidaiue Stolo, in B.C. 367,* whttdt 
served aa tbe fbundation of almost aH later Agrarian Laws. Tlie chief provinons 

1. That no one should occupy more than five hundred jagen of the Ager 
Publicai (ne gtiit plui D, iugera agri poatdertt.') ' 

2. That no one sbonld have more than a hondred large and five btmdred small 
cattle graung upon the public pastures. ' 

3. That each occupant of the '4asri^iUicus should employ a certain proportitu 
of free labourers in col^vating it. ' 

The enforcement of theae regulations seems to bave been intrusted to Ilia 
Flebdan Aedilea, wbom we find, on several occauons, proeecating and fining 
thoae who bad transgressed ; * one of the first eonnctions nnder the new law 



In addition to these fundamental provi«ons, the law would doubtless cont^ 
re^nlotitaia for ascertaining correctly the boundaries of tlie Ager PubUcut and 
pnvata property, fbr tbe rt^nlar payment of rent to the state on the part of the 
octnqtants, and for asoeitaiaing the amount to be paid in each case. Niebuhr 
has endeavoured to rqiroduce the law in full ; but in descending to details, we 

lui. a*i. DianTs.vnLn 



Tariit tmbtufa 



•.«. XZXRL « XXXT. II 



,i,z<,i:,., Google 



272 THK PDBUC LAKDS AND THE lOBAKIAK LAW!. 

iksro liitle u guide us beyond ooqjectare. (3m Nlebuhr'i Baman HUlocy, ToL 
III. p. 11. £ngl. trtuii.) 

For upwards of two centuries after []ie passing of tlie Lex Lidnia no attempt 
was made to interfere ivitli llic Hcliial occupants of the Ager Publictu. Mean- 
vbile immense additions hni) been made to tlie domnins of the Bommonnealth 
during the contests which terminated in the gubjugation of idl Italy, and, during 
the second Pnuio war, b; the eonfiscations of lands belonging to tbcM states 
vrtiicb bad revolted to HannibuL Large portions of tlio territoij thns aoqnired 
had, it is true, been assigned to the faithful allies of Home, hod been disposed of 
in the fonudation of colonies, and made over to the veterans of Scipio, tint, at the 
aame time, vast tracts hod been retained as Ager Publicua; and no divi^on among 
the poorer dtiiens mdividaali; (eiritini) liad taken pinco since the Lex Agraria 
paued, greatl; to the disgust of the Senate, by C. Flaminios when Tribune of 
the Plebs, (B.C. 233,) in terms of whicb the lands conquered from the Senonea, 
south of Ariminum, hnd been portioned out in small lots ; and lience tbe district 
received the name of Ager Galliciu Romanus. ' Moreover, although the Lex 
Lidnia had never been repealed, the most important proviiuans hod been violated. 
A large nnmber of the wealthier families Ii.id gradually Iwcotne occupiers, many 
of them, doubtless, by purchase nnd inlieritanoe, of an extent far beyond five 
bnndred jugers, tlieir flocks and herds gracing on the patilio pastures greatly 
«xceeded the lawful number, nnd tlic free agricultural labourers had been olmoat 
mtirely eupersedcd by slaves, ' ivlio, especially after the conquest of Macedonia, 
oonld be obtained at a very low price. On the other hand, the estatci of small 
pioprietoia had been almost all swolloired up by the rich landholders, and the 
number of the poor was CTei;wherc inbreasing. It was to arrest the doimward 
progress of tbe humbler classes, and to remedy the abuses hj which it had lieeo 
anssd that Tiberius Gracchus btrodnoed his cdebrated Lex Sempnmxa Agraria, 
the declared object of which waa to revive, under a modified form, the andeot 
Lex Ijciuia. It proposed that no dngle ia^vidnal should occupy more than five 
hundred jngers of the Ager Publiaa, bot that a father should be allowed a 
Ikrther amount of two hundred and tifty jngers for each of his scms, noteiceedinr 
two, so that no one sbould hold for himsdf and family more than one thonsuid 
Jagers; that the surplus remaining over alier this new adjustment had tnkai 
piiix should be divided among tlie poorer dtiiens, and that fttnds shoald be 
advanced to than ont of the treasures bequsatbed by Attains snfBdent to mabls 
them to stock their ■Ilotments. It (s evident, fram what hu been said abova, 
<|se« p. 268,; tbst a sweeping change of Ibis naluis suddenly Inlrodncedi 
allhoagh containing claascs providing fat compensallon In CRtain ossss, woold 
entail heavy loss on a large don of panoni, and woubl. In many initanoei^ 
amount to a confiscation of pioperty. Hence, tbe bill was met by the most 
violent o|4>osIliaa ; but it was passed notwllbstandfng, and a standing oommiisloo 
appointed to carry it bto effect. The difScultiee and obstinate oppoBtioo 
«ocouDtared at every siep rendered ibt progress of this body very slow; and tba 
reader of bistory Is well awar^ that this and all the otber enactments of Tiberius 
firaccbna and his ttrother were set iside or eluded after the death <d tha butar.* 

In the civfl atiile wblch preceded the final disstdntlou of the eommonwealtb, 

^i^BnLll. aeid.]LS.I>aInv ILIT. VsLMii. V.l..*. V*iTDS.R.Lt. Folrti 
Seat 48.' VMb' devil 



:. Cookie 



THE rUBl.lC UiniS ASD THE AflRAItllK lAWS. 273 

a rtcj htge portion of ihe pnbllo lands in lulj were alienated from the state and 
made over, by the eBtablishment of nulituj colonies, to the aoldiera of the giwt 
oomnianders — SuUa, Pompeiiu, Juliiu Cjeear, and llie Trinruvin. A conriderable 
qoautltj, liowever, still remained up to the time of Teapsiian, bj whom uai^- 
menti in Satnnium were made to Ma veterans, and the liiilo that nas left vraa 
aispoBcd of by Domitian, afler whose rei^ the state possessed scarcely any 
property in land in Italy. 

Id addition to the l^ex Caitia — Lex Licinia — Lex FUurdnia, and Lex 
Sempronia, which have been adverted to in the above sketch, the foUowiag 
Ltga Aw-ariae deserve notice . — 

Lex Thoria, passed by Sp. Tboriuf, Tnbnne of tlie Plcbs, B.C. 107. The 
object of tills hv, as fitr as we can gather from Appian, was to prohibit any 
farther distribution of land under tlie Lex Sempronui, and to ordain that the rents 
paid by the occupiers, who were to be led in undisturbed possession, should, in 
all time coming, be divided among the poorer iddzens instead of being; made over 
to the public Exchequer. ' 

Lex Appuleia, passed by L. Appuleins Satuminus when Tribune of the Fleba, 
B.C. 100. Tliis was the law to which Q. Mctcllus Nnmidicus refused to swear 
obedience, and was, in consequence, forced to go into exile. * 

Lez Senritia, proposed by P. Scrvilius Rnllui, Tribune ofUie Plebs, B C. 63, 
for the division of the Ager Campanui, and strennoiujy opposed by Cicero, in 
consequence of whose exertions it was tliroivn out. The speeches dehvaed 
against this hiw throw much light upon various topics coiuiected with tlie Ajer 
Publicus.' 

Lex Julia, pnssed by Julius Ciesar during- Ills Conauleliip, K.C. 59, in terms 
of which the Ager Campania was distributed among twenty thoiuand dCizen*. 
It would appear that this territory was not occupied by large holders, but was 
portioned out in a number of small farms, and the holders of these were probabi; 
tenants belonging to the class described above (eee p. 268). llcDce, 
there was no tumultuous opposition to tJiis mi-aaure. The chiaf objection 
waa the impolicy of depriving the state of the large revenue derived from 
thie region which ia described by Cicero an—Capul veatrae pecuniae, jiada 
omammlvm, subiidiuin belli, fundamentum vecUgalium, hoiretua legwnum, 
tolalium annonae (Do 1^. agr. IL 29).* 

m It fur (nntot thtt I 

ie. tl.' VlrlorillTlr. 

!S."xilL 1 LIT, KplLCltL 





REFERENCES TO CHAPTER VII. 



ElaatwtrwaUung. 1. p. 96, gqq. ; II. p. 149, aqq. ; 180, sqq. ; '249, sqq. 
Lange, ROm. AitirthiimeT, I. p. TiOe, sqq. ; II. p. 1588, aqq.; III. p. I, sqq. 

MommBen, Gorput Inner. Latin., 1. p. S7, iqq. RaoorS^ Qromaiiiche 
IntHtuL in Sehriftai der mm. FeUmetter, U. p. 229, (qq. Scbkller, Hie 
BtdeuUii^ dta a^/er pvbtieui, Ac. 

Gosen, Dot Oftallicht VermOgea in der rOm. Eepvblili (Zeitschr. fiir ^o 
geBamioM StAUBwisaeaach&ft) 1867. Hoflinaim, Der rOm. agtr pu^^icvai 
Vor dem A-^ftreUMtUr Gmeckfi, Kattowits, 1887. 

De Baggiero, agitr piMk-M-pTivattia in Encidopedia Ki°>^<^ica Italians. 
Kaminrath, Ufber den (/Ttpnoig and die I'ervKndiin'/, x.a,, Blanlcenburg, 
JB70. Bwlltxe, Du domaine paUk de l'6t<U, Paru, 1862. 



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CHAPTER Tin. 

THE ROMAN REVENUES. » 



II WardB ■icBiiyiHs Hcrenne. — Ptucua~yeetigalia — nUiam 

— trs the Urtns employed to denote generallj (he Reroinea of Romft, from what' 

Pateua, i.e. Pasture landg, timiiGed Jinrenue; becaoie, in the euliert agaa, 
the pahlio income was derived solelj from the rent of putorea belongtnc to the 
■Ute. Thns Plinjr declares — Etiam nunc in Tabula Crjuoriw Fascua Scuntar 
onmia ex mibus Popvlut redibis habet, quia diu hoc loluin Veetigal/uerat. * 

Vect^M is tlie nord tued more Treqaentlj thsn anj other to desote the 
ReveDae o( the itste generally. It ia probabij MDoected elTmotogicallj wfth 
Vdio, and may be regarded aa equivalent to the Greek f^c which bean the 
■ame meaniiig. 

PuhUcam, in its widest acceptation, comprehended ereiy thing irhteh 
belonged to the cammuaitj at large, and hence included not onlj the domain 
lands, their produce, and the Exchequer, bnt ako roads, bridges, and pnblio 
boildiDga of all deacriptioiu. In a more limited sense, it signified Revenue, 
the word Vectigal being, in this case, midentood. Indeed, the ellipse is some- 
times supplied, as when Qoero sayi — Dioffnolus, qui ex puiUcia vectigalitna 
latita htcrafaeii.* 

Ssaircea •€ <hii B»»«n rct«ib«. — The Roman ReTenaea were derived 
partly from lands, mines, and other property held by the state, partly from taxes 
paid hy Roman citizens and by the subjecta of Rome. Those subject states who 
p^d a Gicd sum in money were styled Stipeadiarw, * those who paid a propor- 
tion of the produce of their soil, VectigaUa ; and the latter were regarded ■* 
occnpying a more favourable position than the former. The terms, however, 
aie frequently used indifferently, and, in point of fact, the provindala, in many 
caMB, pud a portion of their taxes according to one system, and a portioa 
aoconilDg to the other. 

BcTeBBc derlvrd trm^ t^at. — The Revenue derived from land waa of two 
kinds, according as the land wm the property of the state, (_Ager Publicut, tea 
last chapter,) and the occnpers merely tenants at will or npon leases of liinit«d 
doration, or nas the absolnte property <^ the occni»ers, anlject to oertain bordena 

I Tb* ehkf iDelflit ■mborttlH tfc Ik* Baawn K*nMM vID f Imat sdlKtol mi 



• ImiBnilam Ftrliral nt Mrfun nn' SlipmJbtrium Hdtar, tit HltBrnait rtpUriinu riimi—. 

riieiderl^i pniKivm ne poKia Ml. CLe. (dVrt. III. a comp. IV. «). OIt. )■ OC * 
Pni Com. g. dgltH. |[I, IS, prgBallLlK U>. XXIV.41. XXXVII. it CMl. Q 
LM. VU. lO. 



276 tBBROiun 

b fsTonr of the KUe. In the former ca«c, the Revenue reoeived nos, in tba 
■tricteet wnse, a rent pnEd bj a tenant to his landlord, in the Utter case, it waa 
what we now term a land-tax. B^&r the larger portion of the public Reveone 
derived from land in litlj daring the cwmmonwetiltii proceeded from Ager 
Pablietis, and wm tliercfore rent. In tbe Province* bevond the seu, on the otlier 
hand, Sicily, Sardinia, Africa, Macedonia, Asia, and otheia, the inhabitants wot, 
for the most part, left in poraession of their lands, but ivere required to pay a 
fixed sum in monej or a certain proportion of the produce of the aoil. The 
■tnonnt "o pud noold of course vsaj according to tho circumstances of each 
particular I^vince and of each district ; and ire are acquainted with the detail* 
in a very few cases onlj. Rome, however, unqueslionaDly possessed Ager 
fVbiiciu in the Provinces as well as in Italy. Thus, we arc told by Cicero that 
Sdly maa the most favounid of aU the Proviaccs ; for when it had passed into 
the hands of the Romans, the inhabitants paid them no more than they tiad 
previontly paid to their own kings and rulen. Bat although this applied to 
Sidly generally, a few statea were in a worse position — Perpancae SiciUat 
civilales lunl bcUo lubactat qvoravt ager cum esstt puhlicat P. R. factua 
lomen ilia est redditus. It ager a ceasBTibus locari sotet,^ In this case, 
although the ancient proprietors were alUiwed to remain on their estates, they were 
BO longer proprietors, but tenants, wlio held upon short leases, and paid a full 
rent for the land whidi they occupied, and which the state might take from them 
at any time and dispose of at pleasure (p. 268.) So also many of the larger 
tiliea in tlte Provinces possessed, previous to llieir subjugntion by the Romans, 
Agtr Publicum of their o\m, which in certain cases Ihey would be pennitled 
to retain, while in olheis it would be tr^rtsferrcd to their conqaeroni. 

This bring premised, the Revenue derived from Lind, under wlmtcver tenure 
it might be held, was divided into two heads, according a» it was received from 
cultivated or uncultivated land. In tbe former caae it was termed Deeumae, in 
the latter, Scriplura. 

DecHniw, — Wo hava already pointed out (p. 268) that the occupiers of 
the Ager PvbUmtt in Italy, who were tenants at will, paid to the state one- 
tenth of the produce of tho arable lands. This was tho proportion paid by the 
proprietors of estates in Sicily in the shape of land-tnx, ' and this was the 
amount of land-tax in Sardinia also ; for we ore expressly told that CiEsar 
ponished the Sulcitani in that island by ordering them to pay an eighth instead 
of a tithe (etpro decumis octavat pendere iussL) ' The tithe being therefore 
the ordinary an:ount levied in Italy and in the Provmces first sobdued, was oaed 
U the general term to denote the proportion of the prodacc of arable land paid 
to the state in the shape of rent or of land-tax, whatever tliat proportion might 
be in reality. Thus, although vineyards and oliveyards usually paid a fiAh, this 
was included under the designation ot DecuToae ; and Cicero, nlien enumerating 
the various extortions oonnived at by Verres, usea such phrases as tlic following 
— Quidl Amtitratini raUeri, impoiitia tta maqnih DECUiris, n( ipnU reUqta 
nfAit Jierel, nonns, &c. * A great mass of curious information with regard to 
the woricing of the tithe system in Sicily, in all its details, will be found embodiod 
in tbe third oration of the second action against Veires, the whole of that diviaioB 
^ the speech being devoted to this mtgeet. Tbe oooniMen of the poblio laodi 

1 eta In VcTw. III. e. 



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wk) paid J7eeuma« «n uimI]; ternied Aralora, mnd u meh tre op^omA lo Ilia 
Peeuarii or Ptuforei, to be mentioDed in the next paragraph. 

fterlpiura — In adijitian lo the arable lands from *liicli Decantat wem 
exacted, the atate poaaeaKd vast tract* of wfld woody and monntaiu paUnre 
(ntcoc— joKiu — ptucua — ptutiona) in Tarioai paita of Italy, etqKciallj in 
BamDiam and Lucania, to which sheep and cattle were drivta in snnimer from 
the hot plains on the te\ coast, (ffrega ocium longe abiguniicr ex Aputia in 
Samniim aaliealum,') ' a lystom still Toljoned, and indeed rendered necessary 
bj the climate and natural featBres of the oonntij. Those who tnnicd out their 
uicka and herds on the public paHores were termed PecaarU * or Paslora, and 
were obU^ to maice a declaration to the Collector of Revenue for the district 
(ad Pubhcanum prqfilerC) of the number, whEch was written down in a register 
kept for the pnrpose, and hence the money levied waa called Seriptura, and the 
land itself Ager Seriplurariua^ (_Scriplurariu3 ager ptiiUcia appeUatur, in 
quo W ptcora pascanlar, cerium aa ut: quia PubUcaniu tcribendo eonfieU 
ratiojum cum pastore.) If any one was detected in turning out cattle not 
rematered (si inMriplum ptcui pacerini)* he was liable to be proaecuted by the 
CoWtor ot the Revenne ; but a fraud of this description must be distinguished 
tntn a violation of the Ltx Licinia, committed when an individoal turned ont 
a gnatar number of she^ and oien upon the publio paaturea than tha prDTtsiona 
of that law allowed to any one (nitiTldoiil (p. 271.) Tba Flgbeian Aedilea ara 
gnivrallr mentlonHl as Ilia pertens who lotlllDted proceedingi against tcana* 
grtmn of the statute (p. 192.) 

There wars public paatura in Sicily al*^ la Asia, In AlHea, «d doabtUia in 
Dearly all tha provinces.' 

IHsiiills, Ax.^In adiUtbin lo tba Inooma derivid trom Daamat and ScHp- 
(wn, larga bams wera obtained trom mines, (maalla,') taolndliig ndoenlii at 
•veiy dcseriplion, which, together with the timber and other prodoetiooa of the 
public fortBts, may bv classed under the bead of Agtr Puitiau. An sneicnt 
deem of Iha Senate forbade the working of minaa In Italy) but miaea uf gold, 
silver, copper, iron, lead, and cinnabar, tba pToparty of tha state, were worked, 
with great pToBt in tba Provincca, cqiecially in Spain, which was above all other 
countries rich la mineral wealth, {MetaUa auri—vrgmli — aeril—ftrri—plumln — 
tann ; fodiaai auranae^argmtariaa—firrariae — auniarias; aurifadiitai — argotli- 
/hdiiuu.')* In like manner, Revenne was obtained from stone qaarTiea, l^lepici- 
dma«,) tapeclally tha griadstona quarries of Crete, (Cafiirtiic,)' from challc.plti, 
(crafi/udiwu,) * and, above all, from salt-works, (lolinae,) which were turned to 
advantage fnim a very early period.* The Uevenus doived from tba valna of 
tba aall itself mu*t be diitingulahcd from the las upon salt, (piedgal ax taiaria 
OMSOM.) instituted by the CaDaoraCCIaadlna and H.Iiviiii,>° (B.C. SOI,) and 
w« naij perhaps infte, from a passage in Livy, * '■ that tha sale cf salt under lUa 
repnbUo waa ■ govMiinwat monopoly. 
1 VamB-R. 111. Hot. Epod L tl. 

I u*. z. u n, xxxiii. 41. xxxy. lo. 



Tru L H. 41. tmn, 
iVarrsLo. 
• da Id Vttr. IL >. pra )«. HbdU. & ad Ftm. ZIIL «l PIIb. H. N. XDL 1. IS. 

s run. H.N. xxxiitt tTxxxiv. la IT. xxxvn. a. ut. xxzit. « xxkiz. u 

XLV. IS.». Mrab. IIL > 140. 

TDifMLXxxixi'. It: 

i Dteait VtL L 11. XXIT. III. T. 

*r&. H.N. XXXLT. Ur.I.aft Cfe.iralacliam.1 

iaij..xxnL», '^^ 

uUt. ii.a. 



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278 THEM 

JiatHj, vbAk thii bead wg maj ck« tbe monej rsucd from Uw mIo of 
timber and from the Ur wwks (pirariae} in tbe publio fot«*ta. ' 

Panarla. — Tbe export and iiBfcat dnes lerkd at the -varioDB ae^xirts in luij 
and the Provinca Ibrmed another ^erj important branch of fievenae. We hear 
of' the eiiKenee of Portoria doling the tegal period, and of thrir tempomy 
^lition by Fnblioola. ' The amount of the Portoria vai aogtaenied ai tlie 
empire ilaelf eiWided, both b/ the vau iocreaw of the foreign trade of Italj, 
ml alco hj the dntiee levied in other oonntrin, which were appropriated by the 
lonuHi lieaMU? when the conntriea themMlvee were lubjagated, ' Q. Cae^ne 
Hetelloa Nepoe, when Praetor, (B.C. 60,) pamed a law ahoiiahing Portoria 
in Italy;* l>&t they were revived ij Gnar,' and continned by incceedlng 
apnon.* 

Barman baa pointed oat that tbe lemi Portarwrn, although property denoting 
what we call Ctatma, waa lometimea applied to a toll paid on croaong a bridge, 



the duty meat have varied for different places and for differmt periods ; hut 
^xm tbew points we are almoit totally deatitnta of infbnnation. It would appear 
Aat at Syiaeoae, in the time of Ciceio, the Portoria were an ad valorem doty 
•f five per oent * Under the empire, the ordinary tax upon articles imported 
iata Italy seema to bate been two and a-half per cent, ad valorem ; ' and thii 
ia probably wbat Snetonins terms Publicum Qaadragamiae. '-- 

The PoTloria, Dtcumae, and Srriotura fijnned the three chief sourea of 
Kevenae during the moit floorishing period of the repablic, and ai eocii, ate 
dassed together by Cicero — Ita nfUiie ex oorlu. ner/M tx deenmu, neipte ex 

tcriptura veetigal cmatrvari potett taepe lotita armi frucba mto 

nmurrt pfricuU, atqae uno helli terrore, amiuitur (Fro. leg'. Han. 6.) 

TiibaiBB was a property tax, bciag a per oentage levied npon the fortnu 
ol eadi Roman drizen, as nted fn tbe books of the Censors. The sam raised 
In this manner doM not appear to hav« bean eraiaidenble until the practice of 
granting psv to th« troops wu introduced. From tbii lime forward the proeeeda 
of tbe TViiuftna irara chiafly, if not ajtogelher, appliRl to maka prDrisisn fttr 
tbe cut ninlart and other expenaa of war." It was paid by all citizena who 
wen atnti, Fatridans and Plebeians aliltCL'* We Snd, indeed, on one occaiion, 
a claim Ibr exemptioo tHvferred bv the pontic and angura, but it waa not 
allowed. ' > The amonnt railed annnally varied according to the demands of the 
, public aarrice, and wsa fixed by Itn> Senate, who were aaid iadietrt Iri&atam, 
while tbe people correlattvelj wen aaid wmferrt tribatim. Since the amount 
leqnbed varied from year to year, tbe rate per ceat. mnit. Id like manner. 



>Cli^Bnit.91 Dtgeat L. itL IT. VtcHinlia 

•Uv. II e. I>h)s_nV.». 

•Ur.XZZILl.^ftL VdMoall e. Cle. lnyarT.n-7L delef. ifr. IL I>. 

. at sd Alt. n. la. eomp. wi q. f. 1. 1. djod caiL xxsvii. il 



' CIc. [n Vtir. II 71 



OOglf 



hf mgriv MnvitT, Uxcd eMiin artudea ^rf" Inxntj at 1-SOtb pv oaH. «■ t 
giMdr exaggerated valnadon. ' 

TVfttiiiun Mems to hsve been i^nlnij lerM from tbe i iuitit B tiMi of Ae 
Crmu bj Semna Tnlliiu* until ibe triuin{di of Aemilioa ^udoa, in B.C. 197, 
•A«r tb« cMuplete Bnbjuf^Btion ofMBcedMiia, whoi nwh Jttt mnu mn povad 
into the Boman tieainr^ that this tu wai aboKihed aa no loogor naoeaMH? 
(Omni Maadonum gaxa, quae /ait maxima, politu* eat Paviut: AtnAm w 



m pecuniae invexii, ai unius imperatorit praeda Jhitn atttilerit tribm- 
torura,)' Tbi« immDnily conliDned for one hondred and twen^-fbnr Tcaia; 
hot in the Conrolship of Hlrtini and Panta, (B.C. 48,) ■ &w moatha oair afttr 
Cieeio wrote tha paragnpb qnoted above, the unporeriaked itate of tite aioMgim 
rendered it neccaeai^ to mmpoae the TVthttMn, -whioh wm ngnlari^ Imied 
■adv the ^ome. * 

iltbongb Trilmtitm, in the rertricted aetue of tbe word, waa paid bj Soman 
dtiioui alone, a tax of the same nature, and eometimea deaignated bf tbt aone 
name, via levied b the Frovineea also. Thns, we are told b/ CSoero, tiiat in 
Sidlj — Omiies SieaU ex eaauqaolwinit b-ibulacon/enml;' we IwiBr fiom tte 
rame aathoritj of a poll tax io tho Fravioce of CQioia, which ineliided part of 
Phr7gia, (atufivimm tahU aUud niti moerata irnu^aXm aolvi tmt poK,) * 
ai>d Appian, ' wlio fionriihed under Hadrian, iolbrma ua that in hm time tbe 
SjFtiana and Qlitiana paid a poll tax annually, amoimtisg to one per oent, on 
tbe pn^wrtj f£ each individual ; but tbat the impoat on the Jewa waa hearier 
in oonaeqnnuw of thdr frequent rabdHona. 

Another tax, dating from an earij period of the oomnoowMlth, waa the — 
TlgtalMa n amwiuicBni — a dnt; of five per cent, on the vahKi of 
Bannnuttod ikvea. Thia tax wai inatitoted B.C. 357, mider vei7 estmndinaiy 
dnnmatanoee, the law by which it waa impoeed having been pnard, not in the 
COnatia at Bome, bnt in tbe camp at Sutrinin. ■ Tbia is the tax apokai of hf 
(Seem when he ujt — PotUitUi Italiae tvblatii, agro Camptaut dtpito, qwd 
oeetig<d tuperut (toneiftcum, praeter vicetiman T* and it appean to have oon- 
dnaed withont ehange nntH the reign of Cancalla, (A.D. 211 — 217,) bf whom 
it waa r»sed to ten per oent. ; (deeima maninmantniinn,-) bnt hia immediate 
anoceauT Haoiima lednoed it to the original rate. '* The money rsaliaed fhMU thia 
aotDDt was tenned .ilurum Vicetintarivm, and in the eariisr ageaof tbe repoldia 
waa boaided, "fa MncfUF* oarario," to meet extnordinai; emagendea. " 

Tbeohaigea ent^ed b; the large atanding acmiea maintained mido" tbe empin, 
and the boontiea paid to aoldim on their diiiliarge, taken in oonDeotion with the 
n^td diminntion of tbe Sevoina dolved from tbe j4fer AtUjew in Italj, Tendend 
the impadtton of new tazea inevitatde. The moatiemaikaUe of tiieae wan— 

TmUsmI Banna ToimHbm. — ^Thla ma introdnead after the dvil win, and 
oouiated of « per eentage levied i^an all oommocBtia aold by aaetkai «r in 

1 LIT. XXXtX. 14 

I Dlnua IV. i\ I& 

s Gte <U OA IL n. wd w «]« PUb. H.K XZXHL a. 
t Ttmt A«. Vul. ». CIS. ■< Fm. XU. M FUllt^ O. K. 
« do. Id Vm. IL U uhI fsllowlag obipMn 
e Cla. ad All. T. la a»g^ xl Fui. UL a. 
t AffttB. acnboa 8n. A 
_aL6. Y I1.I* Jt tHintr: 

• Cla.UAtl.n. IB. 

M IMoB Om*. LXXril. t. LZXVm. I*. 

II Ut. XXTtL )*. 

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<fai tniiket. It wu originally me pet ol 

t>«iMfium.) Tibttioi, loan after hit ueeuion to 
to sboU(h thi* tax; bat he icfhwd apon the 
^tt-^mUUare atrarium to wiibadAo niti. 
Two TSUI ■ftcrwaidi, however, (A.D. 17,) . 
wbeuCqipidooitwarradiioedtoaProviacc, i 
be lowered tbe dut^ to one half per cent 1 
(dueenttnmammpoiUmntlatMit;) bntin 
A.D, 31 he found it neoeNuy to retntn to 

the Mnfannu), which wu finiUj aboliibad bir CalignU in A.D. S , 

oommemonted npon tiie imall brau coins of thtt emperor bj the letters B,CC. 
(fenruni cenf»i»U5,) u maj ho saen in tbe innmied oat. ' 

TaeUsBl naaclplnwH TtiB>lliia— The Uit mcndcned tkx did not ippl/ 
to the sale of slavei, upon the price of vrhom Auguiim levied * doty of two per 
fXOL. (gmaipiagttima,) wbioh he applied to military pnrpoees and to the payment 
of nig^watehiaen. Tbu two peroent. bad been auginented to four per oenb 
before tbe •emnd ConeoUiip of Neio, (A.D. 66.) bj whom it ira* at thai time 
modified in eo fiv that be made it payable bj tbe wller and no[ by the huyer 
{Vtctigal gtut^ gvoUae el vieeamae veitalium naneipiorum rtfntiium, iptdt 
magii qiutm vt, ^) * 

TicHlHm HsrMiltMhuM. — Instituted bj Augustus A.D. 6. It was, as tbe 
name implies, a tax of five per cent, on aucceasioas and le^iea, none b^g 
exempt except very near nlatuHia, (xAqr ran rawu niyyttZt^ that is, probably, 
tluM who neie teohnicallj termed mi keredes and poor persons who inherited 
to a email amount. * Tba diiooiitenl ooeoeioncd by tliia impost waa deep, and 
waa londly mpinrnfl, and tbe people submitted only from a dread of samcthing 
atHl more obnoxious. * Hodifieationa were introdn^ by Nerva and Tri^'an ; but 
no important change took place nntil the rngn of Caracalla, by whom, in thii case 
'le mgaima manumiisumum, the five per cent, was rdjed lo tc 



otaL ; bot-hla MUxeMor Hacrinns restored matters 

^■■ArMSMlBHi LUIaK. — Among the vai 
cf MOtidita) imposed by Calignla, was a duty 
of two and a-half per cent on ibe amount ia 
diMHita in all anit* at law (pro litibua alque 
wunetu, ubieiimque ctmeepta, quadragttiina 
tummat dt qua ItHgartlur.)* This was 
jvobably the tax whose abolition is oommem- 
orated, on large bfanes of Galba, by tlie 
legend K. XL. or Beiussak XXXX. or Quai>. 
BAOBKB. EEHI3&1.E. 

What the Quadnu/edma and Qainqua- 
ottnna, repealed by Nero may have been we 
bsve no means of deciding ; but the words of 
dw historian, who records their abolition, seem 
to fanply that they were illegal -■ - ' 

LVin, 1ft LIX. •. 



) their former fooling. ' 




* Dion CiM. LV. 31 



Ib. ruMft I 

UlXVlTb 

HtC^tt. 



: Dkn Cw. LZZTIL ». UEZVUL 11. 



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M*4« mfCtXhteamf Iks BwrcBae. — Tjie Roman RevRDne wai, fbr tbe moM 
put, not oollMtcd directlj, bnt th« different t&i«s in luly aad in the ProvinoM 
were ftumed out, thtt u, viete let apon leaao to coutractora, irho nnilertook, M 
their own ride and ccM, to lev; the dan, and to pay a fixed aam annoally into 
tiMtreaniTj. 

The penon* who entered btD these ccmtracts with the slate wen regarded ai 
IbnniDg ■ distinct class, (ordo,) and were all comprehended under ^e general 
Bame of PuBUCASI ; {qaia publico fntuntur ;) but those who fanned paiticnlar 
taxes were frequently oiatiDgtiuLed by a title derived from the impost in which 
they were specially interested, and thna the terms Decumani, ScriptvraTu, and 
Piirlitorei^ are applied to tbe lesseea of the Decamae, Scriptara, titdPortoria; 
the persona from whom these taxes were collected being reapeotiTely the ATatorei, 
Pe<wuii, and Mtreatoret. Occasionally also, the contractors nho fanned the 
taxeBofsparticulardistrictor Province were named from (he conntry in qnestion, 
and hence Atiani is used by Cicero to denote the Publicani who fanned the 
Eerennea of the Roman Province of Asia. ' 

The state, in granting the lease, was said iocart vKtigalia, and the process 
was called locaiia ; those who took the lease were said conducere or redimere, 
and hence redemlora, which is a genera! term for contractors of any kind, ia 
sometimes emphiyed as synonymous with PubUeani. 

To tlim. the Kevcones, or even a portion of the Revenues, of a large Province, 
required an immense establishment of slaves and subordinates of eveiy kind, as 
well as Tast warehonses for storing', and fleets of merchantincn for transporting 
Bvm place to place, the produce collected. An enterprise ofthismagnitiidewaa 
obviontly beyinid the means of any private individaal, however wealthy, and waa 
alwaya mtdwtaken by joint stock companiea, nbich were called saeietata, the 
partner* being termed tocti. The Publicani had tieconie a body of imporlauce 
as eaiiy as the second Punio war, ' and their numbers, wealth, and influence 
inaeased with the eitenuon of the Roman empire and the increase of its Revenue. 
The mcietates, during the last century of the repubUc and under the early 
emperors, * were composed chiefly of tnembcn of the Equestrian order, who, aa 
we have already explained, (p. 101,) irere in reality the class of monied men. 
In fact, the Equilet, as a body, may be said to have had a monopoly of thii 
department of mercantile speeuiation; and in nil matters relaUug to the collec- 
tion ^ tbe public revenue EqiiUes and Publkaai became convertible terms, 
Althoogh the Romans looked with little respect upon trafGc conducted upon 
a small scale, the i^i6Ucani were always treated with great respect; and by 
Cioero, who, however, had a special object in view, they are complimented ia 
the most high Sown laogoage — Plot eni'm equtlam Romanorum, omamenltm 
eaUtxtu, firmameatum reipablicae, Publicanorum ordine continttur ; (Fro. 
Piano. 9 ;) and it would ^ipear that among the different classes of Pabbcatti 
the brmers of the Deevtnae held the most hononrsble place — Decumanit hoc at, 
pTwcipa et fuon Senalora pubUcanoniTii (In. Verr. II. 71.) 

Tbe duty of letUng the different branches of the Bevenne to tbe PvbUeattt 
devolved, as we have seen, (p. 203,) on the CenwirB, and hence these leaaea 



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wen gienenill/ for & period of fire yean. The locatio of the Uzn fjt all 
ttte Proriiuns, except SicUy, ' took plsce in the fonun, by pnblic RDCtion ; tbe 
npnl price t/u augmented bj the bidding (IkilalUme) of tlie competiton, the 
person who offered the adTiuice holdinc up hii finger, hence the phniMt loliere 
digiium—digito Ikeri. • Sometimes, led away by the ardour of competition, m 
torn nsi offood beyond the resl value of the tax ; and we find examples of the 
PubUcaai petidonins the Broate to cancel, or at leaat modify, the tenni of the 
bargun (AMarn, qm de Ctnsoribua conditxeratit, quttti sunt tn SenatH, 'te 
ci^dtlate prolap»o», nuniuin magna conduxiae : ui tntluceredir locatio poibi- 



. Eadk Sodetat had a chairman or president called Manceps, * who conducted 
the bidding at Chew! auctions, (hence tenned ouetor emptionis,') and who gaTe 
•ecurity to the itate for the due performance of the conditions of the lale and the 
tenna of the contract, * which, from bein? drawn ap by the Cmsore, were called 
Ltga Censoriae. In addition to the Maiicepi, each Socielas had a Manager 
ttyled Magiiter Societatis, ' a business man, who gener^dly renukined at Borne, 
kept the accounts, conducted the correspondence, and exercised a general super- 
iutendence over the affairs of the comply. Under his immediate control were a 
number of officdaht, who took charge of different departments, and these inspectors 
were said dare operas pro magulro or esie in operia locietatia ; hence we And 
ia Cicero such expressions te the following — P. Terentau, tneia nKaaarias, 
operas in portTi et icriptura Asiae pro magiatre dedil : — 7n matorem tnodum 
a te peto, Cn. Papium, qai est in operis €bu tocittalii, taeare, eunsme vl 
aat operae qaam graCisnmae aint sociii — Canaleiui vfro, qui in porta S)fra- 
cuM opera* dabat, ' &e. 

Althongh nearly the whole of the Roman Revenne was coUcoted according to 
the eysien described above, the 7Vtbi(Rim, pud by Roman dtizena, tbimed 
nn exception. This tax was ori^ally applied to the payment of the army, (aa 
nulitare,') and was, it would seem, Icried by persons entitled Tribuiii aerarii, 
by whom it was disbursed to the soldiers, withont passing throngh the pabUe 
trensnty. Every thing, however, connected with these Tribaai aerarii ia 
involred in the greatest obscwity and doubt. ■ 

TaMii Kvreaae. — It has been stated, on the authority of riiitarch, (Pomp. 
46,) that the total amount of the inoome of the state, from every source, was, 
before the conquests of Fompeius In the east, 200 millions of Sesterces, and that 
it was increased by him to S40 millions, the fonner sum being eqaivslent, in 
ronnd numbers, to £1,600,000 sterling, the latter to £2,800,000. BntHis 
scarcely possible to beUevc th^ either of these sums wonld have been sofBdeDt 
to cover the expenditure ofthe commonwealth at that epoch; audit will beaeen, 
Vfca refining to the origioal, that the words of tbe biographer do not neoessarDy 
im{dy that he awDpiebended the whole revenue derived by Rome from all Iwr 

1 Tlw tuH af aielli nn In <n tin Maud ItHlf. cao. la Var. n. S. M 
-- - LlnVBT. tltllLll. 
Att L 17. 

Hfta. i-T. tfoneipt, p. IBIr Tteud. 

im pri i tc ip n. uta bvim ynne/Hi ' 

-..I. t. V.TlO Aaoon. (d do. fo \ 

-. Cm. Planeitu, amuet Ramamt, frit 

-mttlwr. Qo. pn Pln& 11 

it XL HI. ad Fw. XHL % Is 




d taj probablj hia observstEoD applEed to the Eastern ProriiKM 
Rlon& ■ Gibbon bu calonlatod (Decline and Fait, Chapter TI.) that Che general 
income of the Boman Provinces coald leldom baT<i amonnted, after the accesuon 
of AngnstDt, to lev than fifteen or tw^tr millkMU of onr money, ivhile both 
Wenck and Guizot ODorider thia eatimale too loir. 



in^ 



ffdl lli «■ r(«f»«>4i 



n>. BlarMTir. ttiaa uprculoiu, it itrlellj InterprgM. mull me* 






Is tlHt RBii bj bli oauqMiu. 




UMoilli, (Ha p. m J tram lbs rrtns ot Iba mnple ot InpEtar Tauiu it Rom*. 



. ,l,z<»i:,.,G00gIf 



REFERENCES TO CHAPTER VIII. 



The Roman Revenues.— Mai^urdt, Rem. Slaatvoemiakvng, II. 

S149, sqq. Willeou, Droit puMic Aontatn, p. 34EP, tqq. ; 4S1, iqq. 
odvig, Vtrfa^iomg vnd VeriBatttaig, II. p. 346, >qq. 
Tornieiitia, Qaoraoda praeeipaa veeiigaiia tea rei pvblicae Ku imperii 
lanporibiu Horn, ordinata fuerint, 1877. Voigt, fefcer die ttaaUrechUirhe 
poatetio, to., Leipzig, 1887. 



Hetalla, &e.— HinchEeld, UntersuehuTigtn, p. 73, iqq. Binder, Dit 
Btrgicerte im rOm. blaatthauihall, Laibach, 1S80. Cvrpua Inter. Lot., 11. 
■nppl., p. 793 (Lex meUlJi VipuceiuiB]. 

POPtOFla — Humbert, Lt» douanei el ottroit ekez la lt<ymaia*, TodIoom, 
1867. NfMiuet, Dtt impSU indirect, Ac, Paris, 187G. Cagnat, &tiuU 
kitlariqilt mr in impSts imfirectx, &c., Paris, 1882. 

Tributum.— Huschke, i/eW den Ctntu* nnd die Stev/rrverfauang da- 
Jrlihertn rOiii, Kaiierzeit, Berlin, 1817. Zachnriit tod lingenthal, Zur 
Kennlain dtt rOm. SUutnoeitaa in iter Kaiterail, St. PetarsbDrff, 1863. 
Robertaa. Zar QeeihichU dtr rUm. TribaMeiurn ttil Avgatliu (Jabrb. fiir 
NaUanalokonomle, IV. p. 343, iqq. ; V. p. 135, aqq.; p. 341, tqq. ; VIII. 

&81. sqq. ; p. 385, Bqq.jj StoW, Die r6m. OnitttUuuertiermetmiii/m, 
unclien, 1877. 

Vigresima Manumlsslonum.— Hirschfeld, Umermchungen, I. p. 68, 
iqq. De la MeuardiSre, De rimpSl du vingMme «ur In rfffranrhimtalt de* 
ttclnvtf, Poitiera, 1872. Vigid, Stud** tar La impiU indirtcU cha let 
Romaint (Re». giair. de droit, 1881, p. 101, sqq.). 



docDm. di itocia a diritto, VL p. 273, sqq.j. 

■ode or Collecting the Revenue.— Xeuopooio*, D* tadtttuvm 

puUieononim Aonuurorun Autoria ac noCura jndiciaii, Berolini, 1871. 
Cohn, Dt tuUitra toeitlalumjurit Romani, gvat pvblicae vocanlur, Beralioi, 
1870; Zunt rOm. Vtrantrtelu, p. 166, sqq., Berlin, 1S73. Ledra, Dee 
ptMiaunt el det todilit vteligalium, Paris, 1876. Dietrich, SeitrAge mr 
Xenntnitt dft rSnt. Sltuerpdehtertgtttnii, Leipzig, 1877. PraM, tlitai turlt* 
toeidUt vtttigaiieitnet, MontMlbkn, 18H. 



^oiizodbyGoogle 



CHAPTER IX. 

lOHAK LAW Aim TEE ABHUflSTSATION OF JUSTICE. 



It mutt not tn nippoied tliat ve are aoir about to iketch even s faint outlbe 
of Roman Law oonddprcd ai a science. To execute sach an undertaking in a 
Ktisfactoij manner would require tlie space of a lai^ \'o]ume inetead of a eboit 
chapter. Our object i» very limited. We propose— In the first place, to name 
the different sonrcei from wliicli Kotnan Lair waa derived. In liic «econd place. 
to advert very briefly to tbose portions of tbe na^nal code, a certain acquaia- 
inncc «itb vbicb ia absoliitelr indispensable before ire can farm a distinct idei 
of tbe political and social stare of the people; and here we must confine 
onreelrea to an eitposition of the broad and simple principlea recognised 
and understood by the community at large, without attempting to ex- 
plain the complicated modifications and subtle refinements which were 
introduced by mriaconsults, especially under the empire. Lastly, to 
convey a conei^ idea of the mode of procedure, both m civil anita and 
in criminal impeachments.* 

It will be remembered that in chapter III. p. 1 10, we made a state- 
ment of the characteriatac rights of Roman citizens and of the sub- 
di-risions of those rights. The lut S'iffragii and the lus Hnnoram wa 
have now discussed and illuatrat«d as fully as our limits will permit; 
and in addition to what has been already said regarding the /i» 
Provocatioms, some farther remarks will be made in the concluding 
portion of this chapter, when treating of criminal trials. As yet wc 
have said notbio); apon the /lu Connti5ti and the /'if Cfimmercii, the former 
comprebendiDf^ the relations existing between parents and cliildnin ai well as 
between husband* and uives, the latter embracing tlie different modes m whick 
prtoert; might be legally aoqnired, held, transferred and defended. These topics 
wm now occupy otir attention ; bat before enterin"; upon any portion of the Civil 
law, we mvt examme into the foundations on which it miei. 

■IfHlAcailan afike ttmr* ■■■. — Ills, when used !u a general sense, answers 
to our word Lair in its widest acceptation. It denotes, not one particular law nor 
oollsction of laws, but tbe entire body of principles, mlDS and statutes, whetbei 
written or unwritlen, by which the public and the private rights, the duties and 

1 Tb* tbltawliia works will tw finmd fal(lilT utfttl (a th* Mndtst who but dadra ta 
«i*iDlDt oUihI J iBto tb* iBpla tOMrtwd DpoA In thli ahiin>r.— Cdtdiu tnrb Chilli Anta- 
InitmiiDl, «U: XwUm. iltMOM^i.Hi'lfM. He. Bonn. ISU. he—Hmii, Lthrbaiita d. 
0*«Uail*(LR»M)lMilMBB«litsMi«rliunnlnhB*rilii, ISHttUmtkidltJiHi.l-aaittow 
Oaa^loM* i. RsmlahMRHkuloiHiltdaluri Iha Du lUsht dn Baltui, uMl ImGnd 
■U tb* wrltinci of th* ittaantbm.-B'amm<t-.HMwir. Uw.dbgah d. ClTllpm«HM. R-ui 
ISU— ZliuHm. 0(*«lil<Thl* d. RMnluh*n Frlmmht*. H*ld(lb. 1l»— »n> 
BlMb*FriTMt*ohtBDddvCtTltpn»***, Ldpi. Itm— Anfji, Da* Crimlnr'- '- 
Ulv& im.~at» 0«M)iloiiU d. SimidImiIihi CMmiulpnaMM, Ldj* J 



286 DinaioNs or tua. 

the otlkKatioDB of men, ta members of a communitj, ars defined, inooloaM, 
proteotM and enrorced. Roman nriters muallr recogaiw a thiMfbld dirwon — 
1, las NaiuraU — 2. Iiu Gentium — 3. Iia Ciuile. 

1. IiuNaturaU, comprehendiog those dolies which are acknowledged and 
performed bj the great mau of mankind, wlietlier civilized or barbaroui. Such 
are, the union of Uie eeiei in marriage or othecwUe, tbe rearing of ohildien, and 
the sabmiaaioa of the latter to their parents. 

2. hit GeaAat, eomftebtadiog tbe princiidn of right and wnmg, which are 
generally acknowledged and acted npon b; all Nodiee of men who have attained 
to political ornniiation — quod temper aequwn tt hmum at. Such are, tha 



plam ralea of biHMa^ and eqnitj, the importance of tuxth, the expediau; ai 
aeoeau^ of adhering to tnaUes and eompada deliberately oonoladed. 

For moat piaodod purpoeea the lu* Naturae and the lut Gentium maj be 
isdnded nuder one bead, the latter being, in reality, indoded in the former, 
and Ihiu Cicero (Tnic. 1-13) declaiee — Consetuio omiuuia genlban l2X Natukaz 
ptUatida oL Thii will not, luwerer, hold good nniTeiiallj ; for, by ^e /m 
TfaOtrale all men oijoyed personal freedom, althoogh the condition of daveiy 
w«i reoognind bj all, or nearly all, the civiliied nations of antiqnitj, and hvM 
the remark of norentinui (IMg. I. t. 4) — Servitu» est cONsnTuna idbu 
OKHTTinf qua qais tlominio aUeno contra katukaii nMtcituT. 

3. luM Civile, comprehending all the neages aod lawi w>-id aerre to regolale 
the interna] administralion of any particular commnnity. hence, when spoking 
of the Romans, Iu$ dviie denotes the whole body of Boman Iaw, from what- 
ever source derived. ' The moat important of these soorcee we shall now 
proceed briefly to enumerate. 

I. !.««(■ XII TohwlMwak — Formal laws were enaeted ond^ the kinga, 
tint in the Conutia Cnriata, and ■abeequantlj in the Comitia Centnnata auo, 
after tbe eatablishment of tiM assembly by Servios TulUna. A. few fiagmmts 
of theee Lege* Begiae, aa they were temed, have been preserved I7 Livy 
nd Dionjsina. * We have no reason, however, to sappoee that any attempt waa 
made to draw np and introduce a system which should establish general prindplea 
and ruka of practice, tnuding upon all classes of the oommunity, until tha 
qipoLntment of the ten commiuionera — tbe Deeemmri — for that nteeial pinpoM, 
in B.C. 451, fifty-nine jears after the eipnlsionof the khigs. we bore already 
had oocasioD to menljoo (p. 1S5} that the resolt of thnr laboon waa tbe br- 
&ined Code of the XH Tables, which although neeeaaarilT brief and imperfeet, 
waa erer after regained as the spring in which the ample ana oonitaiitlj increasing 
stream of Roman Law took its rise (Jbru omnia puUiei prirtitiqiie nria.) 
During the penod of the republic it was committed to memory by eveiy weU 
educated youth, (Cic. de le^. I. 5. II. 1,) and was r^arded with so much 
feneration that, after the lapae of two centories and a-half, the moat leaned were 
onable to speak of the compilation without o^ng the language of hjrrrhnlr 
on.11^,1. 1_ — . .._-.-»„ p^buophorum nam tmit v&tur ill 2iihi- 




•ocsosi or mcaux l«v. 287 

hrw ttrihi, ■ (uw le^m fonia et capita mderit, el m^te^»i^ali^ pamJert 
d vtiUtatit uberlaU iuperare, (Cic. do Ont. I. 44,) and agun (Da &. IT. 8) 
— adtn^or nee rerun woi4im ltd vtrtomm ^iam eUgaa&lM. 

Tba Legei XII T^aiaruia were doid)tie«a dfrived in pvt fiom the Milier 
Leges Regitu, indlnpan from Ihelawi of otberitBtcs, (p. 18G,) tnitmiut. Small 
|)ni(Mbilit;F< ^^'^ ^'^^ founded chiefly opon bag etUblished toe and wont, dM /lU 
dMimcftuUuf of (Scero, (Delar. II. 32,) Iha /tu non aenptumof later writen, 



lonK serve* ai a gnicbng 
« which work oat their own civuixUion. 
—Laws paiKd in the Comitia Curiata. Thai* am 
■d aa a aoarae of Roman Law aAcr the eatabliahment of tba 
, It all erents, after the introdaction of the DecemTind Coda. 
III. !<•■•• C«BMHaiBo. — Lawj pu«ed in tlie Comitia Ceatnriata. Theae, 
fton) the &nt, were binding; npoa all orden in the atate, and formed, daring ibe 
repnblio one of tbe chief aoncoea ^Law. 

IT. i.^« Ti«h«BC ■■ ptcUMta*. — Lawa paiwed in tbe Comitia Tribota. 
Tbeee were, orinnally, Unding npon the Plebeiana alone ; but afttf the pauing 
of the Lex Valeria Horaiia, in B.C. 449, coofinned and eileiMled hj tbe 
Ltx Pubtma, in B.C. SS9, and by the iiez iforteiuia, in B.C. 286, they 
pooaeawd tbe aame efficacy aa the iegee CeaiariaUie. See tbe detaila given in 
p. 166. 

T. ■ ■■■■■^c ■ ■— !!■ . — It was a inbject of oontiovNay among tbe juriata of 
the empire whether, even at that period, a decree of the Benate could be regarded 
aa a law, (Gaina I. S 4. See above, pp. ^r)7. 261.) aud according to the theory 
of th« eonstitntion, it certainly could not. But in practice, even under the republic, 
altboogli a decree of the Senate could not overturn any existing law, it waa 
regarded aa poMeeung th« fonie of a law (JeijU vieem Minel) in matters not 
provided f<« by ao exiating law, 

TL B4i«w MaisiMratBBH_The higher magistrates, such aa the Conanla, 
Flavors, Aedilea, Qnataton, Censors, as well as the Provindal Govemon and 
Scea, were in the habit of publiBhing Edicia or pubjio noticea, with 
;o the jurisdiction conferred by their respective offices ; and these nolicw , 
ladooe coDstitnted what was termed Ita Honorarium. Tbe magis- i 
tr^ea conid in no sense be regarded as Uwgivers ; bnt thoce portions of their \ 
edicta which were adopted in the practioe of the courts acquired, in process of I 
time, tbe fbrce of laws. By far the most important were tbe Edicia PraeUmm, 
enecially of the Praetor Urlianus, to whom waa committed the control over dvi, 
ndti. From an early period it became customary for the Piactor Urbanoa, whs 
be entered upon office, to put lorlh an Edicium, in whidi ha stated the tbtms 
to which he would Bdhei« in tbe administration of justice, and, at the same time, 
took oocauon to explain or anpply any details connected with tbe ordinary coniaa 
of proeednn, with tbe application of the laws, and with previoasdeoiuoaa which 
appeared obacnre or imperiieet. 

The Edict of tbe Prwior Uibuint, from bdng puMiahed lenlaily every yea^^ 
waa styled EcSetum Perpeluum or La Annva. in contradistuictiou to an Edict 
(efening to soma special occurrence, termed Edictma Repeatinum. These Edicta 
PerpetMO bdog carefully preserved, began, in process of time, t« be regarded aa a 
souToa of law, in so &r as its interpretation was concerned ; and in the daya of 
Cicero the /us Praetoriam waa stndied by yonihs along with the XII Tebka. tt 
waa not nanommon f(ff a Praetor to incladc in hia Edict pasugta borrowed ftom 



268 soracei or komak lam. 

IbMe of hit predeoeuan : and a Bectioo truuferred in thi* mtmttr wu dirta- 
gnlihed u Caput TralatKium.' 

The Edieta of the Praelore, from ths coHiest time*, ware oolleoted, •nugad, 
and digested bj Solvtiu luliaaut dDrinj; the reign of HadrUti, and thai nndind 
more uallf available. 

Til. Ba ladlHiar. PraalBdlclm. — DedaioQa paised bf a oompetoit eomt 
En ea*es of doubt or difficulty, althongh not absolntelj binding nponotbet judge*, 
vere Daturally held to be of great ireight irhen any limilar combination of eraott 
happened lo occur. 

with which the Laws of the XII Tables were cipreiaed rendered explanations and 
commentarici absolutely neceuaiy for the application and devdopment of tiM 
code. Moreover, particular technical forms, called Legit Actitma, were intro- 
doced into the practice of the courts, and without the use of these no suit could 
be prosecntcd. Lastly, a certain number of days in the year were set apart fiw 
lioaiing civil suits, these days being termed Dia Fatti. Alt knowledge legaiding 
lliese mattere was, for a long period, confined lo the Patricians, and eapeciaUr to 
the Ponti Gees, who devoted themselvea to legal studies, and who, ai part of Uimt 
official duty, regulated the Calendar. This knowledge was studiously oonccaM 
by a privileged few until, in B.C. 304, n certain Cn. Flavius, secretaiy (icnba) 
to Appiiis Claudius, divulged tlio carefully guarded secrets — CivSe lot, rtpoti- 
tum in penelralibut Fontificum, euidi/avit, Fastosque circa forum in a&o 
propotiiil, ul, quando lege agi posset, sciretiir — and published, for general use, 
a collection of forma and technicalities, which was named Iiu Flaiiianum.* 
Those who bad previously enjoyed a monojily of legal practice nuule an effort to 
retain their induenoe by drawing up a new set of forms ; but these also were 
made public, about B.C. 200, byL. AeliusPaetua Catus, in a work quoted under 
Ibe title of lus Aeliantim, which appears to havo contained the text of the XII 
Tables, M-itb a commentary and appropriate Lrgu Actiona. ' The difficult 
which had hitherto enrraunded the study of Civil Law bang now in a great 
measure removed, it attracted general attention, and towards the close of the 
lapublic was cultivated with ao mooh diligence and teal that it gradually aasonied 
the dignity of a sdence, whose profcsson were styled lurit-penti, lurit-eotmdli, 
lurii-auclores. Persons who were known to have devoted themselves lo Ihia 
pursuit were constantly appealed lo for assistance and advice ; treaties wve 
drairu up and published by them on various branohea ; and it became commcai 
for young men who were desirous to acquire distinction as pleaders to attach 
themselves for a time lo some celebrated doctor, aa Cicero did when he placed 
himself aa a disciple, first under Q. Mucins Augur, and, after his death, under 
Q. Mucins Scaevoia. 

The taite for Law as a science iucreased under the cmjnre, riung lo itsJiigbM 
point during the reign of Hadrian and his immediate successors; (A.D. ISO— 
230 ;) a vast number of works were compiled, both upon general principles and 
on piuticular departments ; and to this period belong the great names of Gaioa, 
Papiaianus, Ulpianus, Faulus and Modestinus. In proporti<m as statutes becama 
mora complicated, and the number of new and embairaaaing quoOions, wludi 

I Cle. it Inr. ILS. In Varr. 1. 41. III. 1L 4«. d* lof (. L S. >d Fun. ItL ■. id Atcio. V. tl. 
AuL OiU. IIL la 
1 LIT. IX. M. Cle pro Hnn«i. la ad Att. VL I. FIId. RH. XXXIIL I. AeL QA 

a'oe. Bnu. )ad*OnLLKIIL3a. Cod. lulln. VII. tIL 1. PlfM.LB.ftm 



.'.OOglf 



BOUBCBS or KOllAK Unr -glSTEUa or BOMAH LAW. 289 

■TOM out of A higbl; Miifidul state of lociety, increawd, thf> Tslae attached to 
tbe written treatises and oral reapomea of juiista of repataiion n-as enlianoed, 
and their importanoe wju stili fkrther aa^eoteU by m ordinance of Aaguetiu, 
foUowed up by a decree of Hadrian, the effect of wfaioh waa to confer npon tha 
opinions of tbe most leamed doctors, when in harmony with each other, ' the 
foroeof]awa(GaiiuiL§7.} 

The term lut Civile ie sometimea applied, in a restricted sense, by late writen 
to denote the Mtspmaa Pmdenliian a«n«. 

IX. CaiutitBiiaiic* PriBcipBiH.— 'WahaTeseeotbatthepapnlarassembliea 
were virtna]!)- suppressed soon after tlie down&Ilof therepublio(pp.l60.I61), 
and Ibiu the principal source of nair laws was eat off. Oa the other liand, the 
legislative functions of the Senate were, ostensibly at ieaat, greatij extended, 
(p- 263} and the Emperor being viewed as the fountain of ^ dvit aa well aa 
mtlitaiy power, decrees emanating from the imperial will had all the Ibrce of 
laws. These ConstihUiima, aa tfaey were termed, assumed four forms. 

1. Edieta. — Ocdinauoea with regard to matters in which new laws, or modi- 
fications of existing laws, were deemed requisite. 

2, Manila. — InstmetioDS to ma^strates and other officiali. 



to the Emperer for biannatiou 

4. Dtcreta. — Decisions upon doabtful points of law, referred to tbe Emperor 
as the hig^hcst court of appeal. 

STstcni af BsiBBB Law. — From tbe pubhcatEon of tbe Laws of tbe Xil 
Tables until the accession of Justinian. (B.C. 450— A.D. 527,) a space of nearly 
a thousand years, during which, republican laws, imperial constitntions, lenatoiia] 
decrees, praetorian edicts, and the writings of the jurists, bad accumulated to an 
immense extent, no attempt bad been made to reduce this vast mass to a well 
ordered system. Collections bad indeed been formed &om time to time of tbe 
Imperial Constitntions, inch as the Codix Gregoriatua and the Codex Hermo- 
geniania, (the latter probably a supplement to tbe former,) known to us from 
fragments only, which embrace Constitutions from the age of Septimins Several 
to that of Diocletian and Maiiminian (A.D. 196— A.D. 30&.) 

Mnch more important than dther is the Codex Theodoiiatiua, still extant, tlie 
Srat work of the kind published under authority. It was drawn up hy the 
command of Tbeodosius tbe younger, and with its supplement entitled Nov- 
elUu CoJisiiluiionea, comprehended the Imperial CansUtutions from the time of 
Coostantine the Great down to A.D. 447, being, in fact, a condnuation and 
oompletion of tbe two previous Codicea. Tliese compilations, however, were 
both limited in design and imperfect m execution. To Justmian belongs tbe 
honour of having formed tbe grand scheme of collecting, arranging, and digesting 
the enonnous heterogeneous mass of Roman Law: and lo tbe learned men whom 

■ -1 Miriier (flory of hi.,„„ „ 

SDCModbg agea. Tbe resulta at 

1 1t mid Dot b**ipflflt*d that tboH who d*T0t*d tt._— ---, -— „--, -^ 

lifil itnillM mnld ilmji amain opInlDn, utd bane* •«(■ UOH unon^'Jo'toUi u wdl u 
niwnf phltotophHL Aiwljssth«i«ltDaf AiwiutaiwehHFoftwajttbaals, tiMfaiuivs 
efwliUi wartAntlnlHLabMudAtaluCartut tb* illiiifailH nf ilii firnnnnriTi niimJ 

fMm tk* nuM dlMlnnlibad of Um b ■■ '-'— ' — ■• '— ' • "~ '-"- 

la bfammHT. MSiiaiat Cii^—t 

two Hsta BttHlian* dlArvd I bat It l> briitiwd thu Uw S. 
taattvaU tto («•& fa<r«r «f O* b«, wblK th* '■nniMi 



S90 RSTsm or komui law. 

their labonn hkv« fiMtiiiutd;r dcMeoded to ni sntin, eoniutiDg of the fbUoiriiig 
pcitB: — ' 

1. Codtx lurtinianus, in twelve booki, containing the Imperial Cotutitatiaoa 
of the Oneoriau, Hermogenian, and Theodmiati Coda, collected, revised, com- 
prMsed and reduced to one oonsiatent and hBrmomoiu whole. Thie nudertakiiig 
VTM execuCad bj a commission ortenjurinteatlbelieadof whomwuTriboniamu; 
h waa comneneed in Februatj, A.D. 528, and fioiahed in April, A.D. 529. 

2. Pandeclaea. Digesia, in Gftj books, containing an abstract of the decJiioiM, 
eonjeOnreB, conttorerues, and qoestions of the most celebrated Soman jurists. 
Tbe sabitanee of two thousand treatises was cooiprised in this abridgment, and 
it was calculated that three mQlions of sentences bad been reduced withia the 
COnqMMof one hundred and fifty thousand. Tbia stupendona task was executed 
io tiie short spaoe of thtee jean, (A.D. 530 — A.D. 633,) by a commissioD Vt 
■aventecD jtnMs, head by Ttibonian. 

3. InitUutUma, in four booka, oontuning an elementary treatiee on EomaB 
l4tw, aerring aa an introduction to the Digeat, and pubUahed one month befim 
It. 

"The Code, the Pandeota, and the Institntea, were declared to be the legili- 
male system of dvil jurisprodence ; they alone were admitted in the tribunals, 
and they alone were tacghc in the aeademies of Some, Constantinople, and 
Ber}-tus. Taken together, >rith the addition of the Authenticae, that is, one 
handled and sixty-eight Noveliae CoTatitutiona of Justinian ; of thirteen 
Edicta, issued by the same Justinian ; of one hundred and thirteen NoveUae 
of the' Emperor Leo, and some smaller tracta, they form what has been tenned 
Corpia luris Civilit, which has been adopted as the basis of the legal code in 
many states of modem Enrope. 

Hucb !i^C has been thrown npoa Boman law within the last few yean, by 
the disooveiy of the Itutitulionea of Gains, a celebrated iarist contomponuT, it 
ia beliered, with Hadrian, a wi^ which oerred as a model for the Inttituttmtt 
of Justinian, oonnderableportionaof thela^er haring been transferred verbatlid 
hnn the earlier treatise. 

Oar direot knowledge of Boman Imi b derived principally from the fbllowing 



1, entitled Uebersicht der biilierigai Vermche zur KriHk uad 
Htriteaung dta Textu der XIJ Tafelfragmeau, Laps. 1824. 

S. Fragments of Laws and Seoatus-Qjusolta psmed dnring the tepeblin, 
which have been discovered in modern times inscribed on tablets of stone or 
metal. These win be found oaUected in the Monumenta Legalia of Haaboldf 
published after his death by Spangenberg, Berlin, 1S30. 

8. Insliiationa luris Bomani of Gains, Tlie best edition is that by Klean 
and Bijcking, Beriin, 1829. 

i. Domitii UipioM Fragmenta. The best sditica is that of BUeking, Bonn, 
18S6. 

C. The fragments of the Codex Greoortonw and the Codex HennogemoHm, 
which wiil be fimnd nnder thai beat tana in the Jiu CivUe Attteuatmaiaaii, 
Beriin, 181A. 

1 For whit (blldin Kt ttas ZLIVth Ctaiptn of aiblnn'i CKltna sBl FiD, iDMi ablUta • 



CLiaawiOA-noTX or rmKTiut. 2gi 

8. Cxici Tkeodomamit. An excellent edition U that of Gotbofiredoc, Ltoiui, 
1666, reprinted under the iiupecCioa of lUtter, at Leipeic, 1736^1745. Bst 
the lateet, and moBt oomidctB, u that of HOitgi, B<hui. 1837. 

7. Corput lurit Civim. The beat edi^ona ara IhoH-of Gothofredna, L;ro<>«i 
158S, often reprinted, and of Spuigenberj;, GettiDg. 1776. 1791. 

Oldecta ■• wUck Ima ntoa. — Thoe were threefold — 

L Fersohae. IL Res. m. Acnoires. Omne tu* quo utmvr vet ad 
PenoTua ptrtmel, vd ad JSa, vtl ad Actuma, Galnj I. § 8. ThcK we shall 
briefly ducau in aaooemon. 

I. PZBSOKAE. 

AH Parmmat, in the ej^e of the law, belonged Ui one of two great oIa«aea. 
Tbej were either LBteri, Le. in tike eajoTment of penonal Irecdom, or Semi, La. 

Again, LOteri might be either Ingaun, Le. bom in a itate of freedom, or 
Ubvr&a, i.e. emancipated ilavea. 

Lutl;, Ingami laiAi be — 1. Oinei iConant optiiao iitrt. 2. Penom 
o^jing an imperfect CiviUu, mch m Latim and Atrara. 3. Peregr u iL 

Wa ^ie already, m Ch^ter IIL «poken of the right* of iVrtonae, regarded 
from the above pointa of view ; bnt there waa another claiaiGcation of Pertottat 
reoognized bj law, involvmg cooeiderationt iri'mnch importaooe. According to 
thie division Perumae were ranked aa — 

1. JVfonae jui lurii. Peiaooa aabject to no extenul control. 

3. Penonat aUeni iurii. Pemne antiject to the ooctrot of otberi. 

The first division, being merdy negative, will iuolnda all not eomimihended 
in the aeoond. The Penonae o&ati iuri* wne — 

1. Servi tn pol**Utie dominoram, 

2. Uberi in potataU parentum. 

8. Uxorea in manu martorum. 

4. PmwnoM m TitUitt. 

5. Ptrtoniu fn Maneiph. 

The podrion oconpied bj Servi we have alnady examined, (lee above, pp. 124 
—133) and we therefbre p«M on to 

PEBAOITIX Ur POTEST ATK PABEirmil. 

IVMm* BBtl KiiMii ttf tke Parrta PatBcnw. ' — From the most remote 
ages the power of a Roman father over hia children, tnclodiag tboae by adoptioa 
aa well as bj blood, waa unlimited. A father might, wiEhont violatine aaj 
law, scourge or imprison bis son, or sell him Ibr a slave, or pat him to death, 
even after that son had risen to tbe highest bonann m the state. This Jnrisdiction 
was not merely nominal, but, in early times, was twt unfreqnently exendsed to 
lla fhll extent, and was oonfirmed by the laws of the XII Tables. 

In extreme cases it seems to have been always the cnstom to munmon a domeatic 
court, {eoniiiiam.') composed oT tfaa noieit relalins of the funlly, befon whom 
llu guilt or innocanoB of the child wss investigated ; but it does not ippeai that 
such ■ ComtiHiat oooM diiectly set aside the dadnon of tbe parent. It had ths 
e&ct, bmnve^ of aelhig as a check ; and taken in coanaclion with Iha force of 

1 9n dc de a 1L S^ de nn._ 1. 7. ^Oimtj^pro iam.^^ H',!?i^ ^H" -Xfll- Kl^ ?t 

mi IL 1 V. 19. a 

OSN. XUCVIL U. 



292 PATRU ponssTAS. 

public opinion, u aipmsed bj the Ceneon, amat have taoded to repren lajr 
MTag« ^lute of the power in qaestion. 

Bj degreea the right of patting ■ child to death (I'ut vilae tt ntcis) lell iato 
denietiide ; and king beTote the clo*e of the repnblic, the eiecnlion of a ton by 
order of hit father, ^though not forbidden bj anj positive atatule, irai r^arded 
lu something strange, and, anless nnder extraordlnar)- circoniBtancea, moitatroDs. * 
Bat the right oantinoed to exist ia theoij, if not in pracCiee, for three centniie* 
after the ealabliahmeat of the empire, and wu not Ibnnallj ibrogBted until 
A.D. 318. 

Such hang the nature and extent of the Palria PoUitaa, it is almoet unncoea- 
tatj to state that a child /n I'otatate Patria could neither hold nor dispose of 

Cipertj independent of the father, to whom ereij thing acquired by the cluld 
onged of right. A son In Potatate could not lairfiillj contiact debts, nor even 
keep an aocount book (Tahvlai., qui in votestaU patris etl, ttuUas confiril, Cic. 
pro Coel. 7.) He indeed might, like a slave, possess a peculiam ; bot this could 
be acquired by epedal peimissjon only, which vraa granted as an act of grace aitd 
favonr, and might, at any time, be recalled. ' An ezoep^on seems to liave been 
made, under the empire at least, in favour of property acquired by a aoldier on 
military service, whicb was termed Peculittm Caxtrinit. ' It must be nnder- 
■tood that the childien oTa son who was /n i^twtale vrere tbenuelves /n Potetfote 
of their grandfather ; so also were great-grandcbildien, provided th^ latlm 
and grandfather were both In PotataU: and the same principle I4)plied to 
descendants even more remote. 

KiiiBcii*!! af the Pnirin P»iciua^~Tbe Patria PotttUu might be extin- 
guished in various ways— 

1. By the death of the father— Aforfs patrit Jilins tt JiUa sui iurix fiunt, 
rUtpian X. 2,) and the grandson now came under the Patria Potestat of lua 
ftther. 

S. If the father or the son ceased to be a Roman citizen by underguiDg 
Capitis Deminutio maxima, (p. 113,] or otherwise, for Patria PotaUu could 
exist only m the case of parties both of whom were Eoman citizens. If tba 
bther was taken prisoner, bis Patria Poteatai was snapended while he remained 
in captivity, hut reaomed when he recovered his other political rights by Pott- 
lijitinium (p. 113). 

3. If a son became Flamen Dialii or a daughter a Virgo VeslaU*. * 

i. If rather father or son was adopted by a third person. 

5. If a daughter, by a formal marrii^, (see below, p. 294,) passed into the 
hands of a husband, she exchanged paternal for marital slavery. 

6. By the triple sale of a son by his father. If a father sold his son as a 
slave, and the person to whom he bad been made over emancipated liim, the 
son did not become m itiriif but returned ag^n under the Patria Potatat, 
IT, however, the process of formal conveyance, (maacipalio,) and releaae, 
(emancipatio,) was repeated three times, then the son was finally relieved from 
the Patria Potestai, and bad the Slatiu (p- 113) of a frecbom (inoenuiu) 
Koman citizen, and not of a Libertirau. This was expressly eoactod by tht 
Laws of the XII Tables— Si pattr jUium ter vtnum duit, JiUaa a patre Ubef 
Mo. Accordingly, when circnmstances rendered it desirable that a son shoold 



".OOglf 



MTSU POTEftMl — MAKKUOK, 393 

ba itlsMed from the Patria PotatoM in the lUetime of Mi btba, thii aid «m 
Bttjiim^ \,j B ieria of ficiiiioiu B&lea. A penon wm {novided who bound himMlf 

to liberate the Km when truuTerred to htm u a d&ve, this penon beiog tensed 
Pater fducianui. To him (be Mn was forauJlj «oId and oonve^ed (inanci* 
ptUui) acoordbg to the legal ceremonie* of Mandpalio, whi<:h wiU be detailed 
hereafter', he wai immedutel; liberated (nuuitimiuw — emancipatui) in tb« 
manner already desaibed when treating (rf'the mannmlMJon oralaves, (p. 130,) 
and this process having been twice performed, he was sold a third lime arid 
immediately recouveyed by lie Paler fdueiarnu to the father, by whom be wae 
forthwith finally manmnitted and became his own maater—^W trx mancipaiui, 
ter manu-mUsiu mi iurit ft (Ulpian. X. 1.) It will be observed that matten 
were so arranged that the final nuuinmiarioD waa made by the father, and ikot bj 
the Paler Jidaciarim, otherwiae the latter would have become the Patromu 
(p. 131) of the liberated son. A dan^ter or graiiddaughl«r was released from 
the Patria PolesUu by a single MancipaCio aod Emaneipatio (Gains 1. § 132. 
Ulpian. I. 1.) 

7. If a son was actnally the bolder of a pablie magistracy tlie Patria Potettaa 
was suspended for the time being, and Uu eon mig^t, in virtne of hia office, 
eierciM control otet hii bthur ; but as soon aa the aon resnmed the position of 
a private individual the patenud authority wai re-estabti«bed b full force. 

8. If a son conclnded a marriage with the consent of bis father, the latter loit 
the ri^t of telling him tot a slave. 

A father was entitled to ezp<»e or pat to death a new bom inbnt, provided 
he previoDsly eibibited it to five neighbours and obtvned their consent This 
rule was evidently intended to apply to defismed ohildren only ; (^partut 
de/ormix;) fbr a &ther was espreagly fbrlndden to kill a male child or a first- 
bora daughter, if under the age of thi«e jtart, ' 

FBKSOSAS IK llANU. ItAJtlUGK. 
In order that anv valid manisge might be Mntrscted according to the Civil 
Law, it was required — 

1. That the consent of both parties should be obtained, if tfaevweie tuiiurii, 
or of the father or fathas, if one or both hupened to be /n Patria PoUtlale, 
Under the empire, by the Lex IvUa et Papta Poppaea, (aboat A.D. 9,) a father 
might be compelled to give bts consent, if be had no reasonable ground for 
refusing it. 

2. That the parties should both be piiberes, Le. shoold have respectively 
atlaiocd to manhood and womanhood. No marriage oonid take pUce between 
children. 

3. That the parties should both be onmarried. Polygamy was entirely 
prohibited. ' 

4. That the parties should not be nearly related to each other. The deter- 
mination of the prohibited degrees was a matter rather of public opinion and 
feeling than of positive enactment, until the passing of the Lex Julia et Papia 
Poppaea; bat it may be regarded as having included (be unions of all direct 
ascaidants and descendant*, whether by blood, adoption, or marri^e — parents 
with children, grandparents with grandchildren, fathers-in-law and mothera-in- 

I IHoDj*. IL IS. tl. CI«.4*l*tS-ni.e. Ut.XXVILIT. ItnwddnL 1». MMTSt. 



2M MARKU.OE. 

law with tmu-iii'tRw and dingbteis-in-law, Hepbthen ind Btepmolhera witb 
■l«pcliildi«ii, of brothera niih sinters, whether bv blood, sdopCion, or nur ' 
of naclea aud auuta irilh nepbewB and nieces, nntil the time of CUudiiu ; ' 
at one period, of conains even of the fouith degree, althongh the pcaetioe in 
reelect seems to have varied at difierent epochs. ' 

5. Tbat both parties should be free. 

These indispensable preliminsij oosditions being utiified, all i 
were divided into two etassei — 1. ffapliae lustae s. Malrimomum Jtutum. 
2. Nuptiae Iniuslae i. Matrimmium Iniiubim, which we maj term Regidat 
and IrregalaT Marriagu. 

1. Nuptiae Iiutae. — No regular marriage could be oonoloded except Comm- 
biUTa (i.e. Iiu Connubii) existed between the parties, Henoe, in andeat timei, 
there could be no Nuptiae luslae between a Patrician and a Flebdan, be«anse 
there was no ConnubUim between the orden ; and (his state of things continaed 
mtil the pas^g of the Lex Cannleia (B.C. 445, see above, p. 111). Hence, 
also, B marriage between a Koman citizen and a Latima (a) or a Peregriaui 
(a) not enjojing Coimulnum with Rome was a Matritnomam Iniiatum. 

The children bom in Nuptiae lustae were termnd tusti Liberi, and enjoyed 
all tbe rights and privileges of their fotheis. 

2. Nuptiae Iniuitae. — When a marriage took place between parties who did 
not mutually possess the lui Connubii, as, for example, between a Roman 
citizen and a Lattniu (a) or a Peregritms (a) not eiOoyiDg Connuituin with 
Rome, the children belonged to the Stataa (see above, p.lI.'JJof tbe inrerioc 
party. Thus, the son of a Latimu or a Peregrinita and a Roman woman waa 
bimself a Latiiivt or a I^egrinu) ; the son of a Ciois Roiaanut and a Latitta 
or a Peregrina was, in hice manner, a Latinu3 or a Peregrinui. Tbe rnle 
of law is eipreued bj Gmos (I. g 67) a* follows — Non aUter qatiquam ad 
pallia eonditionem accedit quam n inter patraa tt laalrem eiut conntMuat 
sit. 

In the case where the mother was a Om> £01110110 and the bther a member 
of a state which enjojed Caimubiam with Rome, but not the full Civitat, &eo 
the son stood piedtel}' in the same position as his father ; but when tlie father 
was a CiaiM Eomatiut and the mother a member of a state which enjoyed 
Connubium with Rome, but not tbe liill Civitat, then the ton was a Roman 
dtixen Optimo tare (pp. Ill, 116, 117). 

Althongh a Matrtmonium Iniustun affeoted the dvil ri^ta of the ohtldren, 
it was no st^a upon the moral character of the persons who contracted it ; bnt 
was probably regarded in the same light as we onraelves view an alliance where 
a wide dilferenoe exists between the social position of the parties. 

But when a man and woman cohabited without contracting a marriage at all, 
tbey were said to live in a state of Concidnitatut — the woman was called tlA 
ConcuKnn, or, poellcsllv, the Arnica, of iba man, while the lem Pelle^ 
allhoudh penerslly uMd with nfermce lo th« womin, wu applied, at leut la later 
times, ro rither part]'. Tbe cbildren bom from sach couKction* wva bastarda, 
ftpurii, ) did not become subject to the Fatria Polettaa, and, indeed, in the eve of 
tbe Uw, hsd no father at ill (Gilos I. § E9. 61.) 

No legal nwriatcs ™nld talis place between slavn, bnt thsir union was tenned 
ContuAemtum s. Sn-ailet Nuptiae ; the eblliiren wtrs ilavea, and wen geoerallj 
styled Ventae. See p. 125, 



. ,i,z<,i:,., Google 



SOS 

Id to &r u tbe mairiageof £i&«r(im'«rith£i&ertina«irMooiioaniad, Itwoold 
tppvx tbaC, in the uHier agn at leaat, tho« onlj conld nutn? whoM Fatnu 
belonged to the uma Gen* ; Hid hence, tmoug the rawarda beatoirtd mat 
HiapaJa Fecenia (Liv. XXXIX. 19) we find Gentit emiptio enmiMntad. WUi 
t^ud to the marriage of aa /n^Mtnii with a Ltbertina see p. 1S3.' 

sutKSHi kiB4a •# iTupMas Ibmbc— ^upfiiu Itutot were of two Unda— 

1. Cum Conoentione m Manuta. 

2. Siae Conventione in dfanum. 

1. Whea a maniage took place with Cmvemtio in ^anim the woman pMnd 
eBtirelf from nndcr the control of her father or guardian, (exibal t iwe pairio, 
Taoit. Ann. IT. 16,) and fivm the FamUia to whidi (he belonged into Uw 
FamUia of b« h B iband, to whom ike beoiiiie lutjeet, and to whom, in ao &r 
aa her legal righti wate eoDoemed, aha stood in the rd^on of (liild topannt lo 
long aa tM marriage lobdated. Hence she oould hold do propectj, tint oyMj 
thing which ahe pueteeaed at the time of her marriage, or inberiud aAarwiirda, 
was traniferred t« her hnihand ; and if he died inteitate ibe inherited aa a 
daughter. If abe committed aay crime, her hnaband waa the judge in a oouit 
(connlium) composed of the neareat relatioua upon both vdea. 

2. When a marriage took plaoe witboot CoKoaitiQ in Manum, the woman 
remuned under the legal controt of her fatbo', or of her gnardian, or wu tut 
iaru, as the case might be, and when mi iuria, all the property which ahe 
poaaosed or inherited waa at her own diipoaal, with the exoeptioni to be noted 
heieaftar when treating of the Dot. 

Marriages Oan Conventumt in Jlfanii?n, although oonunoD in the eaiiier ages, 
gradually fUl into disuse, and, towards the oloie of the repubUo, had beowne 

It would appear, from the statements of the grammaiians, that ^zor was the 
general term appUed to a wife, without reference to the nature of the mairiage ; 
Maltr /amiiiat to the wife who waa in Mana mariti; Afalrorui to the wife 
when not la Jfonu ,- but these diatinations are bj no means strictly obserred. 

DUTereiit Fbthm af nituTlHfe Cbh C*BTeail«Bb — A mairii^^ Cum 

Conveatiant might be l^ally coutraoted in three different modes, ' tIa by 
1. Confarreatio. 2. Coemptio. 3. Unit. 

1 . Cbr^arreoffo was a ntigions ceremony performed in the house of the 
bridegroom, to which the bride had been conveyed in state, in the prcMnoe 
of at least ten witnesses and the Fimtifaz Jlfozuniu, or one of the hi^itt 
Flamens. k set tbnn of words (earmcn — verba concepta) wss repeated, and a 
sacred eake made of Far (Jarraa panii) — whence the term Con/arFeolia — 
was (llbK tarted by or haikm avn tbs partks who aat daring the parfbrmaoca 
of the Tsrkms rites, sld* by aids, on a wDodai seat mide of sn ox-yoke corered 
■Ith ttas skin of the sfaeqi which had previously bnu oSarsd In sicrlSce. Ths 
ebildrsn bom of such an anion were named Pairimi tt Mairimi, sod anch wsi* 
alona sliglbls (a the priestly ofBoss ^ /'ianas DialiM, ot Flanait (^inuJu, ud 
at FlaatKi Maiiialu,' 

!. CatmptiQ wu patdj ■ legal ceremony, and oonstated in the rormsl eon- 
vsySDce of tbe wife to the hosbsnd, scourding to ths technical procedon in ths 
ssls of £a Mmmipi (see below, p. 303). An Imaginary sale look plsca on tbe 
part of tbe parent or guardian in the preatncie ot five Bomaa dtisens of mature 

> Comn. CIc Phlllni, IL 3. S*. IlL S. ad ACt XVL X II. Sum. Oralnv. lU. U. 
' Sta dilDi I 9 lA 
■ Galu L 1 lOB-lU. 

L ,l,z<»i:,.,G00gIf 



•^ tnd t baltttoe-holder, (Ubripeiu,') the bnsbflDd or fiodtioiu pnrchAWi being 
tcnnol Coanptionator. ' 

3. Utta. A noman who remained irith her huabaad dnring one wbot« year 
vidioat abtenting henelf for three nights contecntivel^, pasied in Matiuta mariti 
tm prescriptioD (ttfu) u effectually- for all legal purpoeee as if the ceremoaiei of 
Omfiareatio or Coanptio bad been perfonned, Galui Uja down the oonditiMi 
diMinctly (I. § 111) — Uta in mannm conveniebal, quae anno continvo napta 
perteverabat, nam vdut antnut po*sesiion« itmcapifhatvr, in fanMam viri 
trajutibat, ^liaeqae locum oblinAal. Ilague lege XII Tabvlaram caulHm 
erat, si qua noliet to modo in manam mariti convenire, ut quotataii trinoclio 
abeatt alque ita luum cuiutaat amd intemmperet. ' Guiu add), that at the 
time wlien he wrote, (i.e. probably in the eari^ part of the aecoud century,) the . 
whole of the ancient law with regard to marruge Cum Convenlione tn Manual 
by (fiut had cea«ed to be in force, having h«n in part repealed by pomrive 
^actmenls, and in part Buffered to fall into dcBuelade. 

When a maniage took place SiTte Convenlione in Manam, the ceremonies irero 
entirely of a dooieslic character ; and tlieae ire shall briefly describe when treating 
of llie prirate life of the Komaos. 

JM»*lHilvn afa Dlmrrlmav. — A marriage uiigbt be diwolred in varioui n'nvs: 

1, By the death of one of the partiee. 

2. By one of the partiea losing the Connubium in oonaequence of Capilis 
Demimitio (p. IIS) or otherwise. In this case a ifatrimonium lustum cither 
became a Matrimonivm Iniuitum, or waa entirely annulled, at the diacrctiou of 
the party whose Statui remained unchanged . 

S. By divorce. The teclmical terms for a divorce are Repudium — Dii'orlium 
— DiacuHum — Renuntialio — Malrimonii disioltUio. Odktee UepiutiuTa t.'ppMix 
properly to the act of divorce when originating with the man, Dicortium lo the 
act when ori^nating with the votnan ; but tlieae distinctions are frequently 
negleoted. 

"We can say little with regard to tbe law or practice of divorce in the earlier 
ages of Borne, for we are positively assured that no example of a divorce occurred 
fbr more than Eve centuries after the foundation of tbe city ; and this statement 
la borne oat by the fact that, with one single exception, there is no record of 
any such event until B.C. 231, when 6p. Can-ilios Ruga put away a nife, to 
whom he was tenderly attached, because she was nnfmitful. We know, howeTcr, 
that there were provblons nitli regard to divorce in tbe Lawn of the XII Tables, 
and we cannot doubt that contracts solemnly concluded might bo solemnly 
rescinded. * AoconJingly. we hear in the grammariaas of a rite termed Diffar- 
reatio for dissolving marriages by Con/arrealio, although Dionywns asserts Chat 
such unions were indissoluble ; and we are told that a marriage by Coemplio 
could be cancelled if the woman was conveyed back again (remancipata) by tlio 
bnsband cui in Manam Converteral. It is asserted, moreover, that in the dava 
of Eomulus no woman could divorce her husband, bat that a husband might 
lawJiiUy divorce bis wife if she was convicted of infidelity, of sorcery, or of 
drinking wine {ft ti; uTiat iv^iiil-n iciavtu yvtii.) Under tbew oircomstancea it 
is probable that a regular domestic trial took [Jace before Ibe hnsband and tlia 
nearest relatives of ijoth parties. * 

1 CoiDp. AbL a<ii. ITL i, 

.'AnLOcll IV.3 XVIlll. VaLMulLlxI. Cle. Philips IL ?& 
i FhI. DIu. (.t. SMbrmln. p. H—Fnt. kt. Jtmaw/Htai. b. tn. DtonTi. D. Ml PIrv 
■ablU OMIL a ITL. b. WtlT ' , 



21(7 



tt wonU Mem that niimsg«a me Conraitinnt in Alanum coukl al my li 
1m duH>lT«d bj either party. Wlicn tliis waa tloac direct)/ the husbaad it 
the form of word* 7\uu ra libi habelo ; but it wat more iisnnl U 



divorce formally through a third party, and licncc the pUrate Nuntium mitlere 
vxori (i. manlo) aigniGes to divorce. Thia fRtiiity of divorco iraa eageiiy 
taken a^tvaDtaeeof towards the end of the republic, and under (he empire, when 
free mairiagei had almoat entirely anpereeded the atricter union Cum Conventiane. 
Divorces took pbwB upon the moat Irivolooe pretexts, and Irtqucntly witlioat any 
pretext at all , and such waa the laxity of public moraLi, thai little or no diagnea 
WB* attached to the moat flagrant abuse of tbia Ucenae.' AQgustua eudeavoured, 
by the provitiooa of the Xez/ufio e( Papia Poyjjjoea, to place Bc 



upon divorce, but apparently witbout any prutical reeull ; and certainly the 
example tet fay himself waa not calculated to give weight to such an enactment. ' 

»•■. — When a marriage wa» contracted either with or without Comitntio in 
Manam, the woman waa in every instance expected to bnng with her soma 
fortune aa a coutribution towards the expenaes of the estnblisiimenL The luu 
would, of oonrae, depend upon the station and means of the parties, but somc' 
thing was considered indispensable ; and in the case of death or abaolule iaability 
on the nde of the father, the nearest relntivea were held bound to supply what 
was rertuiiite.' The fortune thus brou^t by tha woman to her husband waa 
technically termed Z>af, if furnished by her father, Dos Pro/eclitia, if by aome 
other party, Doi Aduentitia (see Ulpiaiu VI. 3.) 

In the case of a marriage with Conventio in Alanum, whatever properly tbo 
woman waa poeseaaed of passed at once into the hands of the husband— ftium 
midier viro in manum coavthit omaia quae mjiUerU fuerant idri fivnt Dona 
nomme. Cic. Top. 4. 

But in a marriage without Conventio in Mamtm, whatever property a womui 
poascssed remained under the control of heradf or her guardians, with the 
exception of the Doe, which waa made over to liie husband, and hence tlie 
iuDuence and sometime* tyranny exercised by rich wives. * The properly retained 
by a wife in her own power waa termed .Bona RecepUiia, (ijiiae ex rait bonis 
retinebal neque ad cirum tramittebat ea recipere dicebalvr — Aul. Gell. XYII. 
6,) a phrase which seems to have been equivalent to the word ParapJteraa, 
iiilroduced at a later period. 

Dla|>*sBl*rik« DsawkeH ikeMarrlnaewaa DlH^rad.— For many years, 
daring which the dissolution of a marriage, except by the death of one of the 
parties, was scarcely contemplated, the rule aeems to have been that the Doe fall 
to the snrvivor. But when divorces became transactions of ordinary occurrence, 
stringent roles became necessary in addition to eatablished usage; and theae weia 
introduced partly by legislative enactments, which laid down general principles, 
and mrtly by apedai agreements or marriage con I racls, (_dnlatia pacta,) by wliicb 
the Dos was secured, (caiitio ret uxoriae,) and for the fulfilment of which suits, 
oa]led.i4c(i(inMreiiu[inti«, could be institnted. During the last century and a- half 
of therepublioand the early part of tha empire, the law and practice with regard 
to the Dot, when a marriage waa dissolved, seems to have been as follows : — 



• AlthHSh Um nuHfM vhleh ■ 
Wi, t)M« HMB, iriUxiiit danbl. to i 

< r^ Aria. L I. n. All m. *. 



I In tta* CobIc DriBS. 
^ AaL U tl 11. «. IM 



1. The Dot wu lometimw piid down it mice, bat gencnlly when an rUImim 
WM in eoatetnpluion tbe smomit vm fint settled and then ft regular obligatka 
wsB granted for the pajmeat, (Dta aat dalur, aut didtur aul promiUitur — 
Dlpian. TI. 1,) vrbioh waa effected bj tbree iuatalmenla (trSmt ptJuionSnu) at 
interralB of a jmt. ' 

S. If tbemoniagewaidiualved bjthedeathof tbeliiubaiid theDairsbinMd 
to the wife. 

3. If the marriage ma ditsolved by tbe death of the wife the diipoul <rf the 
Dm varied aooording to droonutaiiaes. 

a. If the wifb died aAer her father, iw if the Dm wm AdtiaitUia, in eithar 
«aie the whole remained with the hnsband, nnleu the penon who had givea the 
Dot bad ipedallr etipnlated that it ehould be letomed to him, in which oaw it 
waa termed Doi'lUceptitia (Ulpian. TL 4.) 

b. If the wife died childlees, before her father, a Pro/ectilia Dot returned to 
her father; but if there were cbildreu, one iifth wae retained b; the buibaitd far 
each child. 

4. If a maniage waa dinolved by dirorce, tbe diipoeal of the Dos depended 
upon the oirciunatanoee under which the divorce took place. 

a. When the divorce waa the reeolt of mere caprice upon the part of the 
htuband, or, although promoted by the wife, wai provoked by tbe grow mia- 
oonduet of the hoeband, he waa obliged to refund tbe whole Dos and U> maintain 
the children — Si viri culpa factum tst divortium, elti mulier nunfiutn rvnant, 
tamen pro libeiis tuanere rtOal oporlel — Cic Top. 4. 

b. When the divorce waa the result of caprice on the part of the wife, or of 
pereuamon on the part of her father, without any reaaonable groand of complaint, 
the husband waa entitled, if there were children, to retain one-siitb of the Do* 
for each child, provided the whole amount so reluned did not exceed me-half of 
the Do!. This waa termed Metentio propUr Uberot (Ulpian. VI. 10.) 

e. But nhcn the divorce was cansed bj the bad condnct of the wife, the 
hnabond was entitled, even when there were no children, to withhold a portion 
of the Dot as Solatium or damagea, this being termed Jletentuf propter mortt. 
We have reason to believe that, in ancient timea, a wife, if guilty d' one of the 
highest ofiences, eaoh as infidelity or wine-drinking, for&it«d the whole Do*. 
When Ulpian wrote, she forfeited one-sixth for offeiioea of the hlgheat daaa, tma- 
eightb for those of a less serious nature ; hat if there were children, the huahand 
could withhold one portion on account of tbe ohildien and another aa poniah- 
ment for misoouduot. ' 

Diaputcfl with regard to the beta of matrimonial miaooaduct and tlie amonnt 
of pecaaiaiy oompenaation, seem to have formed the sabject of le^ proceNM 
even under the republic ; and a regular mdidum de monbta was lustitutad bj 
Augustus for the purpose of determining to which party blame attached. * 

When a divorce toolt plaoo by mutual consent, tbe disposal of the Doa, if not 
•ettled previous to the marriage by the Pactum Dotak, must have been ansnged 
privately by the persona inlerceted. 

FEBSOITAE Dr TDTELA,* 

Wlicn children of unripe year*, (impubera,) and thoee who, in the ^ of tbe 

1 Pi-tTti. XXXII. la CleadAtLXLt 4. 
■ niD. H.N. XIV. IL Ulp<H.VLIIlL 
• Flln. l«. All). 0*11. X. ^ QulnUI. LO. Vn.«. 



. ,i,z<,i:,., Google 



bw, Ten inoiqMble cf regulating tbeir own afitun, wars dqnired hy duUh or 
Othenriie of a laiher'i pratectiou, ibej were pUoed in wanlilup, (in Tuleia,) 
nnder the contiol of guarduuis, termed Tutora, and were tiiemMlvea deiignUab 
PupUU B. PupUiae. In c«itua oasei guArdiiiu weie Bt)'led Caraloret. 

ApiiaiauaeBt afTaMrca. — A &ttier had the right of nominatiug gnaidiaiu 
bj irill {lettamento Tuioru dare) for thoaa of hia male children who mi^t be 
of tender jean or bom aAer hii deuh, for all his danebten who were /n Pofexfole, 
(or his wife if In Manu, for hi< daughter-in-law if /b Jfanu mariti, and for the 
giandchildren nnder hii Polaitu, provided thui father waa dead. Soeli 
gnardiaiu were lenned 7\iloret daliiiL 

A hmband might grant penniamon by will to his wife, if 7n Afanu, to nominate 
her own guatdiaiis, (TVforea optare,') and thi> either without leMiiotion or under 
oortlua UmitBtiooa — aut plena oplio datur out angutla. Such guanliaiu were 
tenned Tutorei opHvL 

If a man died without appointing gnaidiani bj will, thou, hj the Lawe of the 
Xn TahloB, the charge derolved npon the neareit Agnati, (see below, p. 309,) 
a regulation which contintied in force under the empire in reganil to mllea, bat 
was Euporseded in the case of females bj a Lex Claudia. Such guardians were 
termed Tutoru Itgitimi. 

IT no guardians had been appouited b; will, or if the guardians appointed 
died or were tmable t» act, and if there were no Agnati qualified to undertake 
the charge, thea, in Tirtue of a La Atilia, the date of whidi is unknown, the 
Praetor Urbanoi, with the sanction of a mqority of the Tribuni Flebis, appointed 
a guardian. Sndi gnardians were tenned Ttilora AtiUani. 

Dnsttoa afTmtwilM.—Tutela was blended for the prottction and control 
<^ impuberti m^j. Aooording to the imperial laws, boys ceased to be iny>u2wM 
at ihe age of fbmteen, and consequently at that age the authontj of the Tutor 
ceased. With women the case was different, for although they ceased to be 
unpu6«mat the ag« of twelve, thej were held to be unfit to take charge of thdr 
own a&in at anj period of life ; and hence a female was held to be at all times 
either In Potalate patrit. or In Manu mariti, or In Tutela. The only eiceptiona 
were in favour of Teetal Virgins, and, after the jjassing of the Lex JuUa et 
Papia Poppaea, (about A.D. 9,) of women who had home three dijldren, four 
being required for L8>ertirtae. But althoagh this was the strict legal view, it 
was, in latO' times at least, altogether disregarded in practice ; ana women of 
mature years who were not In PoUstaU pains nor In Manu mariti were regarded 
as nil turu, and were allnwed to administer ibeir own aifairs, but were obli^, 
when called upon to perform certain legal acts, such as the oonveyaoce iXBet 
Mancipi (see below, p. SUl) and msking a will, to obtain, as smatter of form, 
(dkii causa,) the sanction of their legal guardian. 

Cmi T cfc — Although the control of a 7\ilor ceased when the PupiUu» bad 
attained to manhood and become invested with his ptditical rights, it most have 
frequently happened that the youth would be involved in businew which he 
would be incapable of regulating with advantage at that early age, and would, 
at all events, if wealthy, be open to &aad and impodtion. Hence arose the 
practice of nominating a Curator, whose authority extended to the twenty-fifth 
year of the ward, but who did not necessarily, like a I^lor, exerdse a general 
■nperintendence, being frequently nominated for one spedal purpose. The 
■aptrinUnent of a Cttrator lay with the Praetor Uibanns, as in the case of a 
liOor AtUianui — he oould not be fixed by will, but might be n 
Htd the reoommeDdatkm ooafltmed hy the Praetor 



800 TEXSOSa TS HANGIPIO— CLUSIFICATIOH OF BE3. 

Curatorei were appointed also to manage the aff&ira of persona beyond 
the age of twenty-five, who, in cousequence of being insane, deaf and 
dumb, or ofFected with some severe incurable disease, vere incapable of 
attending to their own conceme. 

Since T^forM and CurttforM were chiefly occupied in administering the 
pecuniary affairs of those under their charge, they were often required 
to give security {satUdare) for their intromissions; and a Tidor, when 
his Pttpillut attained to mature age, was called upon to render a formal 
account of his transactions — Cvm igitur Pupillorum PupiUarumqm nriptia 
Tulnres gerunt poti tiubertatem lulelae iudicio ralionem reddunt (G&ius I. 
S 191.) 

PERSONAE IN MAHCIPIO,' 

A free person when made over to another according to the legal form of 
Mancipatio, (aee below, p. 802,) was s^id to be in Mancipio, ■ and soffered 
Deminutio Capita, (p, 113.) — Deminulus Capile appellabatar qui . . . Hber 
alteri mancipio datiis en (Paul. Disc. b.t. Deminutua Capile.) An eiampls 
of thiB Stalia is afforded by the condition of a son who liad been conveyed by 
Lis father to a third peisou by Mancipatio, and who, except ^hen ihie was 
done in order to compcniate the peraon in qneation fbr some Trrong which be 
bad sustained, (ez noxati causa,) was la Mancipio for a moment only, 
(plerumqne hoc Jit dicis gratia uno memento, Gaiue I. § 141,) 

A person In Mancipio was not, io the eye of the law, absolutely a Sermit, 
but lanqvnm Servta s. Servi loco. He was botind to obey the commands of Ida 
master, and could hold no property save by his permission. On the other hand 
he could not, like a slave, be subjected to injurious treatment, much less pat to 
death, by his master, and if he recovered his freedom, received, at the same time, 
the Status of Ingenuitas. 

A wife irbo had been married by Cotmptio was also /n Mancipio; bat 
imce she was also In Manu, the relation in wliidi she stood toivards her husband 
was of a complicated nature. 

II. Bes. 
On ihe ciHuiflcaiiaii of Bn. — Bit were variously classed by Boman 

Iflwyen according to the point of view from which they were regarded. Th« 
inost important divisions were — 

A. /!!«> Divini luris. — Things appertaining to the gods. 

B. Bet Bnmani Juru.— Thicgs appertainiag Io men. 

A, Ra Divini larit were divided into — 

1. Res Sacrae, places or objects openly set i4)art and solemuly consecrated to 
the gods by adelib^teacEof thestate, such as groves, altars, chapels and templti\ 

2. Res Rtiigiosae s. Sanclae, places or objects which acquired a sacred 
character from the purposes to which they v.ero applied, such as sepulchres and 
the walls of a fortified dty. 

B. Rei Humani luris were divided into — 

a. Res in tiuUius Patrimonio. 

b. Res in privatorum Patrimoiiio. 

Again, a. Ret in nullius Palrimonio might be — 

a. I. Res Communes s. Publicae, objects which belooged to all mankiud 
aUke, such as the sir we breathe, the sea and its shores. 

a. 2. Res Universitatis, objects belonguig to a sodety, but not to a ungh 
I awOilu L)iic^iea.(i38— )«■- 



BiauT or FKDPzmT. 301 

Indiridiia], inch tut itreeU, theatrea, h«]1i of justice, wliidi belonged to ibt wholt 
bod}' of tlie ciLiMni in a stale, and under tUis head nu ranked tLe property or 
menBDtile compania (aocitlatei^ and of corporations (collegia,) 

a. 3. Res nulUtu, m a restricted and lechnicol uii«e, was applied to an 
inhEritance before Iha lielr entered upon pouession. 

b, Re$ Privatae a. inpritatorum Patrimonio, objects belonging to individuab, 
were divided into — 

b. 1. Ita Maticipt, and, 

b. 2. Ra nic Mandpt. 

Set Maneiat was a term applied, acconling to the uio^ of Roman L«w, 
to a oertain cuu of objects which could not be conveyed, in the earlier agfe* 
at least, exoMit by a fbnnal process, termed Mandpatio, which will be ex- 
pUined immediately. The Set Mancipl were probablr very numerous; but the 
most important were — 1. Lasds and houses (praedia) in Italy.' 2. Siavei. 
3. Domestic beasts of burden, such as horses, asses, mules, and oxen ; but not 
animals naturally nild, although tamed and broken in, such as camels and 
elephants. 

Ba nee Mancipi comprehended all objects which were not Set Mancipi. 

■UU »f Prspenr ud BivdUciulaH af lhl> HIgki.— An individnfl) 
might possess a right of property in various ways. Of these the most important 

1. Domimam. 2. Jura vt re. 3. Uiusfrucliu. 

1, J>aininiiitn. Dtmaiium Quirilarium. The right bj wliidi any one 
eienised oontrol over property, and by which he was entitled to retain or alie- 
nate it at pleasure, was termed Dominium. When this riglit was exercised by 
Boman mtiiens in the nK«t complete manner (pleno iurt) over propcrl}- acquired 
aecoidins to all the loims of law, and not situated in a foreign country, it was 
termed Doiainium Ugilmum s. i>Dininium Quirilanum s. Dominium ex iur< 
Qmriloan. 

2. Jura in Se t. Servitula. An individual although he had not Dominium 
over an ot^ect, might yet possess a certain legal control over that object. Such 
rights were denominated lura in Re, or Servitales, and when applicable to lioosci 
or lands, Senitula PraaHalet. These again might be either &rvUules Prae- 
dionaa Urbanorutnt or Serviluta Ptae^orum Suslicoram. 

or the ServUida Praediomm Urbaitomm we may take as examples — 
1. Vben one of the two proprietors of adjoining hooses could prevrat the otliei 
ftom removing a wall cr a pillar wbidi, ^though forming part of the building 
bdonging to the Utter, was neoessaiy to insure the stability of the building 
belonging to the farmer. This was SenHlut Ontrit. 2. Vbeu one pro- 
prietor had the right of introducing a beam for the support of his own bouse 
mto Ibe wall of his neighbour's bouse. This was Serviiut llgni immitlettdL 

3. When one proprietor had the ri^t of conveying the run-drop from his owit 
boose into the court or garden of hie neighbour. This was ServUui SliUicidii. 

4. Of carrying a drain through bis neighbour's property, Senntui Cloacae. 



t WWnth««namiMnitW7ntiBiitoT»r but* ■in»llpoKl»ngfll»LT.th»pwJM. which 
tukrf MBia am JfoiKM. wn nnSmd within th« hibs llnlti At ■ nbHoiiant pn)a4 
tkm p rmilM. In mit«ln dKuiau In ttia dtotIiuih. inM nf*rd«i u A« ««c^, gnytia* 
(kMi dlMvleU antcjid whu wu umtio* It Jlthiam. 



SOS coHTXTAiKat or PKonxTT. 

richt of yvy throng the ImuSe of SDotho', which, BootHding to oircamHtanoHi, 
might be — a. Merel; a foot-path or a tnidle-rMd (/ter.) b. A drift-R«d, 
along which a beast of borden or a cBrriige miEht be drivm, bat not if loaded 
(AcOa.) c. A. highway (^>Q') 2- "^^^ i^gbt of convejiag- water through 
the proper^ of aootlier (Arptaaiuclia.y 

The Servititia Praediorum Ruttieorum were clawed by all Uwjen ondei 
the bead of JJef Sfancipl; with regard to the Servilulei Praedioram Urbana- 
rum I diSerence of opinion exiated. 

S. Uiutfractta. An mdiTidoal might be in the lawful occupation and 
CDJoyment of propertj Mther for life or Ibr a limited period, without having the 
power of alieuaUng Che proper^ in quealion. Tbi« waa termed UtutfrwAvs. 
Smilar to thia, aa we have seen above, waa the tenure under which die Ager 
PubUcas waa &eqaentlj bekl bj thoie in poaMsaion. 

■»Mrec«B> ■■<«« •rso^HMas r*«r«MT. — The most important of theM 

1. Mandpatw. 2. In Are Cesaio. 3. Ciui. i. Tradiiu), 6. ^ditt- 
dieatio. 6. Lex. 

1. Maneipatio. ' This andent and purely Soman mode of tranafeiTing pro- 
party was Diuler the (bnn of aa imaginary Bale and delivery. It was ueoessaiy 
that the buyer and seller should be present in person, together with dz male wit- 
nesses, all arrived at the ago of manhood, {puberei,) and all Bomau citizens, 
of wbom one, called LAripens, carried a baluica of bronie. The buyer (it mi 
mancipie aecipit) laying bald of the property, if moveable, or a icpreaentation 
of it, if immoveable, employed the techni(^ words, Hanc ego homiMtm ^suppos- 
ing the object to be a slave) ex vure Quiritiarn raewn eat aio iiqae Tiahx emptat 
at hoc aere aeneaqae libra, upon which he etmck the balance with a pieoe of 
brass, which he then handed over to the seller (is qui TOancipio dat) as a symbol 
of the price. 

This form was applicable to Ra Mancipt alone, and a ooavflyance of this 
natiue could take place between Boman dtUens only, or between a citiien and 
one having the /ui Commereii with Borne. 

2. In lure Ceuio. ' This was a fomal transfereaoe of property in the pn- 
lence of a Boman mi^istrate. The paitiea, buyer and seller, snpeand bdbra 
the Praetor, if at Bocue, ot the provincial governor, if abroad, and the penou to 
whom the property was to be conv^^ (u cui rei in iure ccf£tur) laying hold 
of the object, daiined (vindtcavit) it as bis own, in the technical words, Htmc 
ego Komnem, ex iure QuiriHmn meam esie aio, npon which the magistrate 
tuned to the other party (ii ^tn cedil) and mqnired whether he set up any 
Opposing claim, (im contra ritttHeet,) and on bis admitting that he did not, or 
remiunmg silent, the magistrate made over (addixii') the objeot to the clamant. 
There wen in this process three prindpal actors, the fbimer proprietor, the 
olalmant or new proprietor, and the magistrate, whose relatimiB to each otha 
an ezmtaed by the three verbs, ctdere, vindicare, and addieere. In tare 
etdit domiiau, vindical u cut ceditur, addicii Praetor. 

In (Kder that this form of conveyance might be ralid, it wu necessaiy thai 
three conditions should be aatisfled. 

(1.^ That the parties shoold appeal in persoo before the magistrate. 

^3.) That they should both be Boman dtiiens, or if one was not, that b« 
Aonid have the /ui Commcreii with Boms. 

1 a«tn 1. 1 ii«L 
• O^iuam 

DiailizodbyCjOOgle 



DDmuni MODBS or acquiriiio pkofkbtt. 308 

nj) That dw propa rty ihoold be of mch a Idnd h to admit of i>ointiiiin>t 
Qwr^onuin, and bcmce lands in the Proriuocs ware eidnded. 

3. Vsntt. VtMapio. Praoriplioa. Wheu an individual remuned in nndU- 
pated poweuion of onj ot^ject, whether a Ra Mand^ or a Ret nte Mancipi, 
tor k ceitaia length of time, he acqnii«d a fnM ngbt to it aHhong;h it might doc 
have been fomiBlly convej'eil to him. The period fixed lor presciiption by tlie 
lawB of the XII Tables waa ooe year for moveable property, and tvo years 
lor bonaes or lands. In order that Uifu might apply, it was essential that the 
person holding the object should be a bonae Jida poaemor, that ia, that he 
flbonld honeetly believe that he had a jnat ti^e to the property — ti modo honS 
fide acceperimas. Bat preseciption did not apply to objects stolen or taken by 
force ftocQ their lawfiil owner, even although the person in actnal poMesMon 
mi^t not be cognisant of the died or robbeiy. ' 

4. Traditio. The simple handing over of a piece of proper^ \sj one peraon 
to another is the earliest and moat umple form of conveyance, and by Koman 
Law oonfeired lull possenion (Domvtinm Qniritariuin) in the case of Set nee 
Utaneipl, to which alone it properly applied. 

But if the owner of a Ret Mancipi made over the object to another, withont 
going through the form of Mancipalio or In iur« cetno, the new owner did 
not acquire the Dominium Quirilarium until the full period of Utut had expired. 
Daring the intermediate period, lawyers distinguished the actoal poasesston fiom 
the fun right of property by the term Dominium in botiit. 

5. Adiitdieatio. When several persons had claims upon a piece of property, 
a index, or umpire, was appointed by the Fiaetor to make a legal division, 
and hia award, called adimiicatio, conveyed to each individual full right of 
property io the share allotted. A proceaa of this nature for portioning out aa 
mberitanoe among co-beirs (cohertae*') irai termed Formula famiiiae ercis- 
ewtdae; for dividing waste land among several proprietors, Formula commiini 
dicidundo; for defining the boundaries of conteiminous landholders, Formula 
finium regundorum, &o. * 

6. Lex is the general term Cbr all modes of acquiring pn>pertj, when mad« 
over by a magistrate to the claimant, in terms of some specific law. 

DUpeaal sr Pravenr kr Will.' — Property might be lawfully conveyed 
and acquired by Will also. 

The right of conveying proper^ by Will (^Factio Tatamentt) belonged to a& 
Roman dtizens who were puberet and tui iurit. Under tbe empire, soldiers, 
although not m iurit, weni permitted to dispose by Will of any property they 
might have acquired during military service (pecuKum eattrente.} Wcmen 
above the age of twelve, not In Polettale nor IrtManu, might make a Will wHb 
the aasctiou of Ihdr guardians ^TuKribut aucloribia.) 

DUTareiii B«d« of ■•■kiiic m WUL — In the eaHieat times the law recog- 
nised two modes only of making a will. 

1. In Comitia, summoned twice a-year for the purpose, and called Comitia 
Caiala. Of this assembly we have already spoken at length, see p. 169. 

2. In Procinclu, by a soldier, publicly in the presence of his comrades, wben 
■bant to go mlo action ; Procinela Clatsii bdug an ancient term for an army 
tqidpped and drawn np in battle order. 

TneM two modes were origmally bought suffident to provide for a dtUbeiate 

. Osliun.14)^ 



304 WILLS. 

«r « huty Kltlement, but io procew of time, m earlj at leut u the legUatioD 
of the Deoemvin, a third na« added. 

3. Per aes tt libram. When s citixen found death approaching, and had not 
tima to lubmit hie Will to the Comitia Calata, lie made over hii whole property 
according to the forma of Mancipatia, (p. 302,) to a friend, who thna becama 
tbe nominal heir, and at the Mme time gave inatructiona for the dbpoaRl of hii 
efj^ota, tnutiag to the good faith of the individual to whom the; Jiad been 
ooDveyed. 

£ventnRlI}r, the first two modea of ¥ill-makiiig fell into disute, and wen 
aaperaeded oj the tliird, which, however, underwent a material change. The 
maker of the Will (Testalar) conveyed bia property, as before, in a Gctitioiu 
■ale, by Mancipalia, to an individual who wub iiitrodnced for form'saake, (dieit 
caiaa,) and termed /amiliaii emptor ; hut, tiuteail of giving verbal inetnictioiu 
to the imagiuaiy puichaser, be had previoiuly drawn up a regular written deed, 
(Tabulae T&slamenli,) which he exhibited to tlie witneue* pretenC, lepeaUng 
tbe technical words, Haec ita, ul in his iobulii ceriique scripta mmt, ita do, 
ila lego, ita teslor, itaque vos, Quirites, lalimoniiim mihi perhibitoU. Thia 
act waa termed Testamehli Nuncupatio, the word nunciipare signiffing pro- 
perly Id make a public declaration. 

Before the age of Justinian these forma of the Civil Law will) regard to Witb, 
had been easeniiatly modified by Practoriao edicta and imperial constitutioiM. 
The act of Mancipalto waa now altogether dispensed with, and It was held suf- 
fieieot that tbe written Will aliould be ligned by the Testator, and attested by 
the aignatnres and scats of seven competent witnesses, who represented the 
Emptor., tbe Libripem, and the five witnesses of the ancient Mancipalio. ' 

CsHdlilen* BcceuBTT i« nailrr ■ Will valid — In order that a Wilt migbt 
be valid, it was reqoisite not only that the Testator should possess the right o( 
making a Will, {Factio Testamenti,^ and abould have duty performed tbe cere- 
monies above described, but also tliat tbe nomination of the Heir {imtitulio 
heredis) should be regularly expressed (solenni more) in certain set words. 
Thoa tbe regular form (soUnnis instiiutio) was Titiua heres e*(o, for which 
might l>e substituted, 7^'Iiuni keredem esse iubeo, but if the words employed 
were Tilium heredem esse volo, the deed waa worth nothing,' 

Many other legal niceties were insisted npon. Thus, if a father wished to 
disinherit (eihcredare, exheredem facere) a son who was Jn Polestate it wai 
rrecessar)- to atate this express]/ in established phraseology, such as, Titiut 
flias mens exheret eslo, but if he merely bequeathed his property to another 
withont specially excluding tbe son In Potestatt, the Will was invaJid. ' 

k Will was ajso rendered null and void by any material cbange having takea 
place in the position of the Testator, widi regard to his own family or to sode^ 
at large, after the Will had been made. Thus, if an individual, after lie had 
made aWitl, adopted a son or marriedawife Cunt ConiT«nfione inMamtm, or if 
a wife /h Manu, at the time ofcxecuting the Will, subsequently passed Jn Mamon 
of anotlter husband, or if a son who bad l>een sold returned under liia PeUitat, 
4ir if be himself suffered capitis deminutio, any one of these circumstanoei waa 
sufficient to cancel the Will. Moreover, any Will was canoelted by another of 
later date — Poiteriore tatamento suptrias nunpititr. * 

Strictly speaking, a Will which, in consequence of some infonoality, wa^ 

I laiUn. InnlL IL X. 1-*. 
tOAJuUlllfi. 

aodnu. liM. m. 

4 OHu II. I I»-I4& 



^oiizodbyGoogle 



from the fint, null and void, wu Mid non tare feti 
valid, bnt nu nndered noU by some ev«i 
ezecaled, it iths aaid rvDipi b. irrilwa fieri. 

The P«n*Bi ■• wksin FrDpertx **» koqiirBiked. ' — The general t«nn 

for a per«on wbo »ucc«eded to properCj od the deatli of another wae Hera. 
'When a perHon nominated aa an Heir (instittilia herei) accepted the bequest, he 
waa (ud ceriiere hereditattm; when he entered upon tlie inlieritance, adire here- 
dilatem, A peraon might bequeath bis property to whom he pleased, as well to 
slaves as Co free men. If he bequeathed prupeny to bia own slave, be was com- 
pelled to grant bim freedom at tbe same time, ia the form Stichus xniuM meat 
liber heraqae eslo. If be bequeathed property to the alave of another, tba 
beqneat was invalid unless the master of the slave gave him pcnuission to acoqit 
and enter upon tbe iitberitaoce. 

CbMiBcBtton ofBatrm.' — Hcin were divided into three classes, acoording 
to the relation in which Ibey stood to tbe deceased. 

I . Heredes Sui et Ntcettarii, more frequenttj termed simply Heredts Sui, 
■ — 2. Hereda Neeettarii. — 3. Hartdet Extranet. 

1. Sui Hereda. k man's Sui Heredes were such of hia chOdren, whether 
bj blood or adoption, as ware In Potettaig and those peiaona who were in Hb- 
eroram loco. We have thus as Sui Heredes, ' 

a. Sons and daughters /n Poteatale, but those who from any cause had ceased 
to be /n Fotestate, ceased at the same time to be Sat Hereda. A ion bom 
after the death of b[s father (poilutnuj) who, if his father had lived until his 
birth, would have been In Poleitale, ranked as a Saut Herts, 

b, A wife In Hanu was a Stia Herea, because in the eye of the law she was 
in loco JiUae. 

e. Grandchildren through a son — nepia neplisque ex fUo — provided Ibev 
were In Fotestate of their grandfather, and providej their father had, from dealn 
or some other caose, ceased to be Zn Polestaie. 

d. Great-grandchildren in the direct male l'n»—proiiepoi proneptitque ex 
aepott ex fiUo nitto — and to on fitr mora remote descendanta, provided tbe male 
person nearer in the direct male line bad ceased by death or otherwise to be 
In Poteatale — li praecedaa persona detieril in poteatale parentii esse — it being 
essential to the character of a Suits Heres that he should be In Polestaie of the 
person to whom he bote that relation, and that he should not, upon the death 
of that person, fall under the Patria Potestas of my other person, 

e. A son's wife (nurus) provided she had passed In Manum marili, and pro- 
vided her husband had ceased to be /n Patalate, for in that case she became in 
tbe eye of lbs law neplis loco. In like manner a grandson's wife might beooma 
proneplis loco, and so on for the wives of more remote descendants. 

Heredes Sui were also Heredes Nectssarii, because they were held in 
law to be the hein of tbe person to whom they succeeded, even if he died inteatata, 
aa we shall explsin more fully in a subsequent paragraph. Bui although this 
was the strict letter of tbe Civil Law, they might, if the peisou to whom they 
suce«eded died insolvent, by making application to tbe Praetor, receive permis- 
sion to refrain {absdnere) irwa accepting the inheritance, in order to save thdr 
own property, if they poMcased any, from the creditors. 

2. Heredes NecestariL Slaves when nominated hein by their muten 



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beMme Htrtdtt tfeeUtarii, bdng compdled to accept tlie inberiUmM; tnd on 

this Mconnt a peracm who had doabli legiuiliiig his own aolveocj, sometimei 
QOiDmated odc of hu sUvn u bii heir, in order that the diigraoe reasJtiiif fron 
dM nle o! hit effecta, (ignominia quae aectdit ex vmditione btmontm,') fbr 
behoof of hii vediiori, might fall npon the ilave rather than upon the memben 
of his own ftunil)'. 

8. Beredta EitraneL All heba not indoded in the two diTiskni deecfibed 
■bore were claeeed together ai Hereda EzlraneL Tbu, eons not In PotalaU 
to wbou thdr rather beqneathed property' ranked aa Hereda Exlranei, and in 
tike manner, all loni to whom property was beqnuathed bj theEr mother, for no 
woman coold have her children In Potettate- A Here* Exlraneus had fbli power 
either Co accept or to Kfuis in inheritance, the act of deciding b^g termed 
Cre&o. If he determmed to accept he annonnced his resolution by the formnia 
— Quod me PabUm Tilaa latamento' svo keredem imtituiC, tam hereditalem 
adeo cernoqae — bat if he failed to do thia within a oertain period he lost all 
intereet in the bequest, or if he entered npon the adminiitration of the inheritance 
without gving through Ihii form, varions penalties wei« imposed hj law vaiytDg 
with the (urcumstancea of the caae. 

It was costomary in drawing ap a will to define the period within wbidi the heir 
moat make his election, and, should be fail to do ao, to provide (or the sncoea- 
don, by naming cue or more penons under like conditions, thai — Xueitu TUiui 
htra t3to, cerniloqae in dkbus ceniam proximis quibus icia poteraque, quodm 
Ha CTtveris, aheru eslo. Turn Maevius heres alo, etmilo/pte in dUbus een^ 
(Km, &C. The heir first named waa called Primo ^adu scripius Jiera, ^ 
person who, failing him, was to succeed, Herts lubsiUuliu, and of these there 
might be any number, Hera tabslilalua secundo — lerlio — quarlo, &c. gradu. ' 

Diriiisn »( an Inkcrioncer—A petsoQ might beqneatii his whole property 
to one individual, or he might divide it among several in fixed proportions. 
The unit of all ol^jecta which could be weired, measured, or connled, was called 
As, and the divisions of an inheritance wera ezpreiaed necon^g to the sub- 
s of the As, as will be expl^oed in the chiqtter npon Wdgbia and 



titgrnXM- IfCsatoriL ■ — When a person beaoeathed his property to a aingie 
iDdividnsl, or to aeveral individuals in fiied proportioni, the individual or 
indiTidiiab was or were termed Heres or Hereda. But a Testator might not 
nominate an heir or bein in thia sense, but he might think fit to leave special 
bequests or gifta to one or more individuals, such bequests or gids not forming a 
definite proportion of the whole praperty, but falling to be subtracted fiom it 
before it was made over to Uie Hera or divided among the Heredes, or these 
bequests might be left as a burden upon the sucoesuon of one or mora of tlis 
Beredea as the case might be. 9uch a gift or bequest waa termed Legatunt, and 
the person to whom it waa made Legatarius, the verb Legare denoting the act 
<^ making ench a bequest. Tba dvil law reoognised four modes xa whicb 
Legata could be bequeathed. 

1. Per Vindicalumem, in which the form was — Ltteio TWo (. . . bare the 
oljeot was named . . .) do lego. This form was applicable to those objeota 
only which were actoallj in the tull poeseasioD of the Testator at the period of 
hia death. 

2. Sinendi Modo, in which the fonn nM—Eere* mens damnas ato naerw 

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■VOCBMIOK TO THX PlOPEKtr OF AH QfTESTlXM. 90? 

Imaam Titbm (. . . here tlie otgect . . .) mmure nln^iu liabvt. lUl 
tana wu applicable not only to object! Ktuallj in tlie pOHMrion of Un 
TttbOor at the period of bia dealb, bat alio to tboM Mtnallj in the poacnion 
of hii beir. 

3. Per Damnatumem, In which tlie fbnn wag — Hem mem (, . , hen tht 
otjsct . . .) Xucto Titio dare damnoM aU. Thit fbrm waa applioable to 
oljecta in the poeeeatton of toy petson whatsoerer, the Heret bvmg boond 
either to pnwore the object for the Legatarias or to pay him ita eadmated 

4. Ptr Prateeptumem, in which tlie form wao — Luciui Titiu* (. . . hera 
the object . . .) praecipUo, Thig form was applicable wtly whoi the Legala- 
rau was alao one of the Herida, and it aathoiiMd him to take the objaet 
q>edallj named beforehand, (jtraeeipere,) and in addition ic the fixed propor- 
tion to which ha waa entitled o-nt and aboye. 

The Law of the XII Tablet— E/fi legassU suae ret iia ius ato — was held to 
jmtify a TatatOT in beqaeathing bii whole property in Legaia, bo that nothing 
wontd be left for the persons Daned as heirs generaL Hence the Scripti Heredtt 
if not Sui tior Necutarii, freqnently refiiBed to intromit with the estate, (ab 
hertdilale te oluliTiebanl,) and in that case the will fell to the gromid, for no 
Legatam conid be beqneathed eic^it Virough a Herei, or at it waa teiibnically 
anneeaed, Ab Herede, ' who waa bound to pay it. To provide a remedy (ot 
this grierance variona legislative enaotmenta were fixmed. First a Ltx Iniria, 
(of nneartaindate,) whicQ limited the amount of a L^otum.bnt not the nomber 
of the LegaiarU; next the Lex Voamia, (B.C. I6S,) which provided that no 
L^atariia ahonld receive more than the Ueredu; but both of these atatatea 
having been found defective, Ihey were superseded by the Lex Falddia, (B.C. 
40,) in terms of which no Teatalor could will away in Ltgata more thaji 
thiee-fbnrtha of his property, so that one-fourth at least was, in every case, 1(6 
fi>r the bur or bein, and this Uw wm atill ia force when Ouoa wrote. 

I^w •( ■■eeculaii to Ike PrspciiT sran iBMMatc. ' — According toUw 
Ism of the XII Tables, if a peison died without making a will, or if his will 
waafbtind to be, from any cause, invalid, the snooeasion to his property wm 
BiiBnged as follows : — 

1. The Sui Heredtt (p, 90G) mherited fint The property waa divided 
among all Sut Bertdet without diatinctioD aa to proximity — pariter adheredi- 
talem vocantur nee qui gradu proximior est ulteriorem txctudU — but the divi- 
sion took place, aa lawyers expressed it, mm or capita led in stibpes. TliBt 
ia, if the intestate had been tbe father i^ two sons, one of whom waa alive and 
In Poleslale at tbe Ume of hia father's death, while the other was dead or had 
eeaaed to be /n PoteslaCe, but had left three aona who were In Polettate of their 
^raodbther, the intestate, then the son In Potatate and the three grandsons all 
tnheritod; but the inheritance was not divided into four equal parts, but into 
two equal parts, tbe son received one-iialf, and the remaining half was divided 
eqaally among the three grandchildreD, who thoa received what would have 
been tjieir lather'a portion had be been alive and In PoUsUtle at the time trf 
the inteetale's death. So, in like manner, if in intestate tefl behind him — 1. A 
wife /n Manv. 2. A daughter unmarried, or who, if married, bad not paaaed 



a. Svi"? 



308 luccuaios to the ntoPKirr or ix imtesiai*. 

tb« time of the intesUte's death. 4. A ion (A) a^ /n Potatatt. B. TbrH 
gtandebilditD (&bi) /nPoteilate bj' A«on (B) who had ceased to be Jn Polesfoie. 
6. Two great-gTandiJiildren (e c) throagh a mto (C,) and a gmidaoD (D,) both 
of whom had Ottued to be /n Potatate. 1. And, finally, if the wife of the 
inttatntc gave biith after liis death to a ohild (;>). Then the widow, the son A, 
tbe dangvlw, the pocthomona child p, and the dangbter-in-Uw, would each 
hare reonved one-WTentfa of the whole propertj, one-eeventh would have been 
divided equal)]' among the three gnwdcbildren bib, each receiving a one-and- 
tnenlicth of the whole, and the remaining aeveath would have beeo divided eqnall; 
among the two great-giandchildreD e e, each recdving one-fborteeiith cf tM 

2. Fuiing 5iii Hereda, the inheritance woe divided eqnaUj among the 
Comanguinei of tbe Intotate, that is, his brothers and giaten by the aame 
father, but it wai not necesiarj that they abonid be by tbe aame motiier. ' A 
mother or a atep'mother who by Conaentio in Manam had acquired the ri(^ 
of a daughter relatively to her hoaband, ranked in tfaii case aa a listei^— 
sorora toco. 

S. Failing Sui Heredtt and Conranipiinei, the inheritance passed to tbe 
neareet Agnati — hu ^ proximo gradu taut — that is, the nearest male kindred 
in the male line, and if there were several Agnati who stood in the same degree, 
tbiifn the inheritance was divided in capita and not in stirpes. 

Thus, suppoung tliat of three brothers A, B, C, — B died first leaving sons, and 
then A died intestate leaving no Svi HereiUt, C inherited A's property, to tbe 
exclusion of the sons of B, but if the intestate left no brother, but two nephew* 
by B, and three nephews by C, then the rtcceeaion was divided equally tmoag 
the five nephews. 

4. Fuling Agtiati, the laws of the XII Tables onlalncd that the inheritance 
ahould go to the GentUet (p. 88) of the intestate — a nulba Agnatta til, eadem 
lex XII Tahfilaraat GenlUa ad hertditaUm vocal — but when Gains wrote, 
tbe whole /w GentUidttm had fallen into desuetude. 

It will be observed that by the above ancient arrangement, the following 
peraona were altogether excluded : — 

1 . All sans who, by emancipation or otherwise, bad ceased to be /n PottftaU 
at the time of the intestate's death, and the children bora after their father had 
ceased to be 7n Potatate.* 

5. All danghteie vrho had passed /n Maman mariti. 

3. All females, except those in the direct line of descent through malee, 
usien, and those who were sororis loco. No atmt, no niece, no female conuii, 
eould anooeed. 

The rigonr of this solicme was modified in ftvonr of falood relations, 1^ 
various Praetorian Edicts, and the law of sacceemon became very confused and 
uncertain, until the l^wlation of Jnstinian placed it upon a firm and aatiabctoiy 
bads. 

Before quitting this satject it may be proper to say a few words on the 
Degreea of Idndi^ and to explun the signification of the terms Cognati, Agnati, 



a> child Ubis htlw bid bwa /■ r-'-frrti rl^ hi 



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cooiTAti— AGirAH. 309 

C *» — rt i Afuii. — The lie of Cognatio exitted imaiig all who ooold ii*ce 
thdr deMxnt &oro one pair who had hewn legally nnited in mairiage, and hence 
included alt blood reluioos, male and femde, however remote the root of the 
genealogical item mi^t be. Those ontj were Agiiali who could trace thdr 
tela^onship by blood through an imbrokeii tnccciaion of males. Cognalio, 
altbongti the moie general term, did not neceasarily include all Agnali, for 
ad^^ted boiu, in xo for aa legal rights were eonceroed, occupied in eveiy reapect 
the portion of natuia! sons, and ranked as Agnati, but not as CooMili. On 
the other hand, Agnalui, in the cje of the law, nas broken and duaohed hj 
anj Due of the folloiTiog ciroumstances. 

1. Bj Adoption. When adoption took place, the son adopted passed out of 
the /amiiia to wliich lie belonged bj Inrth, and entered the familia of his 
adopted father. 

3. B; the ditaolution of the Patria Polattu in snj war except bj death. 

S. By CapUia Deminutio Maxima (p. 113) fbr Agnaho conld exist betweoi 
Boman citiiens onij. 

The following Table exhitutt the different degreei of Cognatio as recogiused 
in the Inititntes of JortiniaD : — 



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^ and I Rie Coniobrini or Coiuobrituu 
:e jlnutint or Aniitinae 



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iSiodcl 

/ind c V C> 

* j-J-t y an &htnt or &>bnn(ie 

fad/',) 

The father or mother of a &bn'>iu« w &i6rma ii Prqnor S^riw v. Sofrrmd 
to the other Sobrimu or Sobrina. 

The lemi CortAi&nni n-u applied, ia popular langnane, to the ohiMien of two 
kothan u well as to the children of two nflen (Gains III. § 10.) 

AdflBW. — Adfinilai a the conaectioo which nbtfvUd efter a l^al marriaga 
had been contnuned between two partiei, between the fanaband and the Cognati 
of hii wife, and between the wife and the Cogaati of bar hmband, the poioiii 
iKtween whom the oDnneotion mbwted being termed, reladvelj to aadi other, 
Adfina. There were no dwraee of Adfinitat reoogniied by law, for no legal 
ralatioQ eiiited between Adfina. The Adjmei of whom we bear most freqneutlj 
and for whom diitiDotive termi eiiited, were Gener, (lon-iD-law,) Soeer, 
^tther-iu-law,) Numi, (daughter-in-law,) Soenu, (mother-in-law,) iViBwaui, 
PrivigBa, (rtejwon, itepdanehter,) Vitrieiu, (itepfather,) Nov*rea, (tteo- 
modur.) Z«mr ii a ho^and s brother, and Gloi a hiuband'B liitet, relatiTely 
to hiswifh. 

Advpito. Ar¥«RBiia. — We have alieady had oooaaioD to ipeak of adoption 
in oonneodon with the Conutia Curiata ; bat one oonaideration with regaid to 
the person* adopted wae neoenarily dderred. The penon HlecCed for adoption, 
if a Eoman raliien, might be either — 

1. Sut ium, or, 2. In PoltMtate Patra. 

1. In the &Ht cue, it was necewary that the adoptioa ahonld take plaet with 
the consent of the people assembled in the Comtlfa Curiata, (p. 149,) and when 
the adoption was completed, the mdividnal fidopted ceaaed to be Sui lum, ind 
passed nnder the FoUtlas of bis adopted father. 

S. In the second case, it was necessai; that his natural father ahonld oonfcnr 
him, aooordiog to the forms of Maadpatio, in the presence of the Fneloi, to 
the father by whom be was adopted. 

Here, strictly speaking, the fonner process only was an Arrogatia, beoanst 
it alone included a. Rogalio ad populum (f.liB). Compare what has been said 
abore (p. 149) on the diSereot terms employed to denote an adoption. 

It most not be for^tlen that a boo, legally adopted, stood, in the eye of the 
law, in the same reUtion in every respect to tbe fa^er by whom he was adopted 
•s a son begotten in lawfiil marriage. 

nL AcnoiTEa, 

DaAaiiiaB sf Ike Mna AeM*. — Actio, In its itrlot l^al aenee, denotes tbe 
right of institnting piMceding* in a oonrt of Jnstioe for the pnrpcae of obtuning 
■nnething to which the peiaon poaseanng this right conceived himself to be 
entitled — Itapertequendi *3>i iudieu) quod xibi d^etur; ' but the word is mora 
generally nted to eigniiy, not the right of inetitntiog a suit, bnt the tuit itself. 
Tlw panon wbo institnted the nut was termed Actor or Petilor, the deitedaot 
Rent. 



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S12 

ChuaUeatlaB sC ABiimmma.~^Actiona, when eoiuidcmd with nlmnM to 

Aa nature ind olyect of the clajm, were divided into^ ' 

1. AetioueM in Penonam. 2. Actiona in Ran. 

1. Actiona in Ptnonam ware brought by the Actor, in order to ooiiipcl the 
Hau to perfonn a contract into which he had entered, or to make compenaation 
fcr some wrong which he had inflicted — Cum inteadimui Dare Faeert Prat- 



I. Jcfioni 



t» m Kern were brought to estobliah the claim of tlie Actor to tome 
eoiporeal ot^ect (ret) in opposition to tlie claim of the Reta, or to compel the 
.fieui to concede some right, inch as a Strvitus, which nai daimed bj the 
pnnuer and denied by the defeodant. 

^clionei, BK>in, when considered with reference to the manner in which tiie 
clium wae maoe, were divided mlo — 

1. Actiottea atricH iarit, 2. Xcfione* arbitrariae a, Et_fide bona. ' 

1 . In Actiona stricii turu a specilio claim waa made either for a definite aunt 
of money (ptcvnia eerta) or for a particular object ; and if thepunaer failed lo 
■ubatautiaEe hia claim to the letter he was nonauiled. 

S. In Actiones arbitrariae, on the other band, the chum was of an indefinite 
character, as, for example, in an ordinaiy action of damages ; and it waa left to 
the judge to decide the kind and anuiunc of compensation which onght in equity 
to be awarded. 

DaaBiUsB at iha im ObiiBaiia. — ObUgatio, in Civil Law, denotei a rela- 
tion anbeining between two parties, in virtue of which one of the parties is legally 
bound to do something fbr, or permit something to be done by the other party — 
Dare Facere Praeitart. In erery ObUgatio there must be two persons at least, 
the person who is bound and the peTwn to whom he is hound. These were 
termed respectively Debitor and Creditor. 

By comparing the definition oF an Actio with that of an Obtigatia it will be 
seen that tbey are correlative terms ; every Actio presupposes the existence of an 
ObUgatio, and every Obligatio implies an Actio. 

ClHulOculaB orobilgBMaidn.* — All Obligaiiones, considered with refer- 
ence lo their origin, were divided into — 

A. ObUgationa ex Contracta, arising from a compact or agreement between 
the parties. 

B. Obiigationti ex Delicto, arising from an injury inflicted by one party on 
the other. 

A. ObVgationea ex Contractu. 

These were fourfold — a. Re. — 6. Verbis. — e. Litterii. — d. Coasenaa. 

a. ObUgationea Re.* Of Keal- Contracts the most important were — 
1. Mudit Datio. — 2. Comraodatam. — 3. Depoiitam. — i. Pignut. 

1 . Mtitui Dalio. This term was ^plied to the giving on loan objects which 
oonld be weighed, measured, or connted — Ra quae pondere, nuniero, mmsiira 
constant — such at bullion, corn, wine, oil, and coined money, all of which were 
lent on the nndeiatandbg that tiie borrower, on making repayment, was bound 
to restore an eqna] amount of the objeot borrowed, but not the identical metal, 
com, wine, oil, or {aeces of money which he had received. The contract in thii 

* Oahia IV. I U-«S. ODlntlL L O. IV. I. TIL 3. Oft d* Invut. U. 11^ ft OC m. m 
pnBoM. Cnmotd. A. 

*a*iuiii.|«a iDniniBsut. iiLxiv. i.|i-4 

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OBUOATIORBS. S13 

Que implied that eiacti; tho ume imonnt wm to be reelored u liad beeo 
raowTed; bat from a vei; early period the practice of paying intenst npoa 
money boirowed prevailed at Rome. On this subject we shall ipeak hereafter. 

2. Commodatum. This term also denoted a loan ; but in thii case the 
temporary uM of aome object was granted — Res iiteada dalur — and the borroirer 
was required to reatoi* (reporlart) the aelf-iame object which had been lent, 
anch ai a hone, a slave, or the tike. The Obligatio contracted Ex Cammodato 
was vei7 difierent, in the eje of the law, Irom that impcwed by Malui Datio ; 
for in tho latter case Che borrower was required to restore a like quantity of the 
otgeet receired, even although what be had received might have been stolen or 
destroyed while in his pouesaion. But ifan object had Iwen Commodatum, and 
had been properly watched and used while in the possession of the borrower, he 
was not liable, if it was stolen, tost, or destroyed, to be called upon to replace it, 
unless Cu^ could tie proved. Thus, if a horse or a slave died of disease, or 
was struck by lightning, or perished by any unavoidable accident, the loss fell 
npon the lender. 

3. Depoiitum. When a sum of money or any piece of property was lodged 
ibr safety in the hands of another it was termed Depositum, and the person to 
whom it bad been consigned was bound to restore it (rtddere dtpoiitum) to the 
lawlul owner, provided he did not deny having received it — Si depotitum iion 
infilieitiT. If he refused, then the depositor might sue him by an Actio Depoiid, 
and endeavour to prove his case. 

i. Pigmu. In like manner, if any one deposited a pledge (p^ur) with 
another aa a seeuiity for a loan or any other engagement, the holder of the 
pledge was boond to restore it as soon as the loan was repaid or the engagement 
fiilfilEed, otbn^ise a auit (Actio pignoratitid) might l>e raised to compel resti- 

I. ObligatUmeM Ver&u.' Of Terbal-CiMtracts the most important were— 
1. Nexum. 2. Stipulatio. 

1, Nextan.' This terra originally denoted any Iransaotion wtuitever enttred 
into per aet tt Ubram according to the forms of Mancipatia (p. 302 J. It 
sobeeqaentl^ became restricted in its significa^on, and was applied to the 
obligation imposed by the formal aclinowledgment of a pecuniaiy loan, ratified 

S' a iymboli<»l tiansler in the presence of witnesses. The process by which this 
bUgatio waa iocaired was called Nexi datio, the ObUgalio itself being 
Nexum; the state or condition of tiic debtor was called Nexiis,^ when he 
incurred the ObUgalio he was said Nexam ire, and twcame Nexus' or neru 
viticiuM. An obligation so contracted took precedence of all others in ancient 
times ; and the law of debtor and creditor was chaiactenBcd by extreme harshness 
and cruelly. If a person who was Nexus failed to pay his debt at the period 
flied, and if the debt was acknowledged or had tx^n proved in court — aerit 
amfetn, rebusque iure iudicalis — he was allowed thirty days' grace. After these 
had eipiied, if hecoutd not find anyone to become responsible for him, (yiadex) 
the creditor might bring him by force (manut inieclio) befote the magistrate, by 
wtiom he was made over bodily (addietus) to the creditor. The creditor Chen 
kept him in bonds for nity days, and dnring this period made public proclamation 



It ont. nt ». A«t. am. xx. 



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S14 OBuaAiioNEa. 

opon time nuAet dan, demukltng psTinent of hU debt. If, at the cod of thii 
teim, no one appeared to releu« the debtor, he beoioe the slave of his creditor, 
who mif^t employ him in work, or «eU him, or even put him to death. Naj, 
if there were KvertX credilon, the Laws of the XII Tables, if literally interpreted, 
gave tbem pomiiaion to divide the body of the debtor into pieces propoitionate 
to the daiuu of each. Althon^h there ie no record of »uch barbarity haviDg 
been actually perpetrated even in the wont times, it would appear, from Un 
naiTBtive of Livy, that in the early ages the tieatment of debtors by thdr oreiUloiS 
«M very cmel ; and tbii state of things continued nntQ the passing of the Lex 
Poetilia, (B.C. 326,) by which the condition of debtors waa gitmtly ameliorated. 
It would seem that the personal slavery of a debtor to hia ereditor was not 
abolished bj this enootment, bnt provieiou was made that he should be hnaianelf 
treated ; tbe right of selling him was probably taken away, and if released from 
bondage— JVexu ioliUu»—-h6 was at once reinstated in all his privileges as a 
Boman citisen. 

S. iSfipuIafio. ' In prooeuof time the iVezum seems to have fallen alti^etber 
into dasneCude, and vertial contracts were usually oonoluded by StiptUatio and 
Ratipalalio, which consisted in a formal demand for a promise on the one aide 
and a suitable reply on the other, Ilie giver (^Stipulalor) employing Che words 
Dari Spondes, the reci^ver (Restipulator) replying SpoJideo, A third person, 
named Adstipalator, frequently took part in the proceedingi, who, in case of the 
death or absence of the Sdpuiator, was entitled to enfbrce tbe claim. 

c. ObUgatimies LitUrin. • Of written contracts the most important wei»— 
1. Expemi Lalio. 2. Syngrnphae. 

1. Expensi Lalio was an entry to the debit of one party ia the account booa 
of another party. In order to understand the nature and origin of this obliga- 
tion it is necessary to bear in mind, tiiat among the Romans, not only mercantile 
men, bnt every master of a honse, liepC regular accounts with the greatest 
accuracy. In doing this he was said domeiticas rathnei acribere — tabula$ i. 
ralionet confieere; and to fail or be negligent in keeping snch accoants was 
regarded as disreputable. The entries were first made roughly in daj-booka, 
called Advertaria or Cakndaria, and were posted at stated periods in ledgers, 
called Codica Expensi el Accepti, which were divided into two colnmns, in one 
of which all sums received were entered and in tbe other all sums paid out 

Nomm was the general name for any entry, whether on the debtor or the 
creditor dde of the acconnt ; and hence, facere — icrQ>ere — pencribere nomen 
may, aooording to circnRietances, signi^ to record a sum as ptud out, or a snm aa 
rec^ved, and Qins /acere nojsen may mean ather to oiue a loan or to contract 
adat. 

mej aa received from any 
laid ftrre s. re/eire aeceptum Titio, that 
s lo plaoG it to the oedit of titius ; when, on the other hand, he entered a snm 
ts paid to Titius he was said ferre s. re/erre experaum Titio, that is, lo place 
t to the debit of Tidos ; and hence, fignratiTely, ferre aUquid aeceptum aUcid 
3 to acknowledge a ddit or a favonr, ferre atiqatd txpenstm alieiii is to set np 

Entries of a particular daaa were termed Nomina transcriplUia, and tbeM 



. FtU. a*. Bm, p. m. 

L ,i,z<,i:,., Google 



OBUOiLTiOHBa. 315 

(1.) A'omm tnaucr^ilitium i. 3Vaiucrip(M o Penona in Pertotiam. ITm 
waa made vben, A oning a sum to B, mm B oiring a auoi to C, C, with tha 
ooDACDt oT B, entered the miD as actiuU; paid bj C to A. 

(2.) Nonien transcriplitium a Re in Perionam, wheu B ovred a balaaoe to 
C on any traDsaotioii, and C entered that snm in hit book* a« having been 
actually pdd to B. 

Towai^ the doM of the repnblio the Bomatu fraqsentlj kept thur readj monej- 
in the handa of banken or money changera. These penom irere called Argen- 
tarn, or, ia oonaeqaeiiee of utting in £e fimun vith tablei or conntera before 
(hem, Metaarn a. TVopezttae, Debts were frequently pud, aa in modem timei, 
by orders on theae baoken, a trauaaodon es[veeaed by the phraae Seribtre a. 
Pertcriben a. Sobitre ab Argeatario, i.e. to write an order for payment Ihrougk 
a banker, i.e. to gint ac^iequtvpm a banker. Thiiwill iUoatrate the expression 
m IJvy, (XXIT. IS,) b refermce to the tnut mooey bdongiDg to warda and 
mmiarried women which had been lent to goremment — Inde, ri quid anpiunt 
parattaagut pupiliii ae vidian JbrtI, a Quaatore pericribebaCnr, Le. themoney 
ao eipenOBd was paid by a bill or cbeqaeon\i» Qnaaator. See alao Cio. ad Att, 
lY. 8. Xn. 61. XVI. 2. ad Fam. \T1. 23. pro Piano. 42. Hor. Epp. II. i. «. 

This being jHcmiaed, the entiy of a sum in a regularly k^ acoonnt book 
oouatitnled, in law, an ObUgaiio LilUrit. Of course, if a mm was claimed in 
ooDseqaence of loiji an entry on the Expenrum aide of one man's ledger, and 
no con«aponding entiy was found on the AeeepUan ude of the ledger of that 
person &om whom it waa claimed, some rnrther proof than the mere entiy would 
be demanded, and this eotlatetal evidence wotdd, in some cases, be derived from 
an examination of the books themselves. 

2. Syiiffraphae a. Syiigrapka, Le. bcaida, Ibnned inotha spedes of Obliga- 
lionei LiUerit; bnt these were resorted to (in the most part, if not eicluuvelj, 
in transactions with fbrdgnen. 

d. ObUgaliontt Conieniu.' A consensual contract, aa it ia aomerimes 
called, that ia, a contract by mutual oonsent, was eonduded by a simple verbal 
agreement between the parties, althon^ no tangible object had been actually 
transferred fiwn one to the oth^, no l^al form of words bad been interchanged, 
and no writing or entry beea made. Of consensual conlraats the most important 

1. Emtio et Vaiditio. — 2. Locatio et Conduetio. — 3. Socktat. — 1. Man- 

1 . Emtio et Venditio, bnying and selling. A sale was held binding when the 
parties had come to aa agreement as to the prioe, although there had been no 
delivery, no money actually paid, and do earnest-penny (arra) received. Tiie 
giving of the Arra might be adduced as a proof Chat the contract had been 
enterM into ; bat it did not in lEsalf form a neoeaaary part of the contract. A 
anit teoQght to compd fitlAlment of a contract of tbia kind was termed Aelio 
Empti ta Actio Vmditi, aecordiog aa it waa instituted by the buyer or the 
adlv. 

2. Locatio et Qmduclio, letting and hiring. The reiatioa between theae 
terms will best be undentood by conaidering their true original dgi^Eeation. 
Loeart ia properly applied to a party who seta down or sanies (Jocai) » 



. iiizcd^vGooglf 



31$ OBLIOATIOREB. 

Loeart in tha pbrue Loeare aUquid /aciendum and Is [h« phnst Locar* 



■e aliquid /aeiendum. If a party were desirona of harine some artids 
muin&ctnred bj a aklirnl workman, Le might be required to ptaee down or 
aupplj (i. e. Loeare) the raw material, while the artizan would be called upon 
tn take op and carry away with him (i. e. Condueere) the material m> 
iDpplied. Hence, if we use the word Contract in ita limit^ colloquial aenae, 
both Loeare and Condueere may bo correctly translated by the verb To Contract. 
Loeart aliquid /aciendum a to bind oneself to pay for the ezecndon of a worki 
or in oommon liiguage. To contract far (ie execution of a toork, while Con- 
dueere aiiquid /aciendum, a to bind oneself to perform a work in oonaideration of 
receiving a certain remuneration, or in oommoo language. To contract /or Ike 
exeeiUion 0/ a work. Hence, if we say in English, that a party has made a 
Contract /or building a hau.ie, the expreasion is ambiguous, but in Latin, 
Loeare aeda/aciendat would be empbyed witli reference to the party /or whom 
the house was to be built, Condueere aedes /aciendas to the party by whom 
the house was to be built, mid ivlio was to receive payment for so doing. The 
party /or whom the work waa to ho performed waa Locator, the party by whom 
the work was to be periormcd, Conductor e. Manceps a. Rtdemtor. The Locator 
was entitled to demand a strict performance of the temia prescribed ^exigere) 
from the Conductor, and hence it was the duty of the Acdilcs and Censor?, who 
were tiio Locatorea in making contracts for keeping the public huildinga ia 
repair, exigere larta lecta, i. e. to insist that the buildings should be'kept wind 
and water tight, and we read in Cicero of CeTtsoriae leges tn aarlia tectis txi- 
genda (see p. 204). 

Loeare aliquid atendam. Agnin, Loeare may be naed somewhat differently 
in the sense of setting down or supplying some object which, for a oonsidera^ou, 
we permit another party to make use of and enjoy for a time. Thus, in tlie 
eipressiona, Loeare aliquid utendam and Condacere aliquid ulendum, Con- 
dvcere applies to the paying party, and Loeare ia equivalent to the English 
To let on Hire, while Condueere means To Hire, or pay a consideration fbr 
the use of an otgecL In this sense we have the eommon phrases, Loeare 
aides and Condueere aedes, applied respectively to the landlord, who lets tba 
house and receives the rent, and to the tenant, who hires the house and paya 
the rent. 

S. SoeitUa in ita widest acceptation denotes two or more peraona who unite 
or combine fbr the prosecution of a common object ; in its more restricted sense 
it denotea a mereantile partnerahip or company, the individual members bein^ 
termed Soeu. Soch were the companies of i^foini, described above, fbruied 
for leasbg the revenues. 

4. ilandalum properly denotes a commission. In many cases a person 
might find it convenient to intrust (mandare) legal or pecuniary businesa to an 
agent or attorney, who was termed Mandatariui or Procurator, and if any ona 
who undertook such a task was found guilty oF fraud, or even of carelessness, 
his principal might seek redress by an Actio Mandati. See specially, Cic. pro 
Rose. Amer. 36, 39. 

In all ObUgationes ex Contractu it is 111 iimiij to draw a very sfaaip line b^ 
Iween thelegfllesaenoeofthe OAI^tio and the proof. Tbns, in rral contracts, tba 
delivering on the one band, and the receiving on the other, constituted the legal 
obligation, hot in order that an Actio, founded on this Obligatio, might bn 



OBUGATioim. 317 

7 miinUined. ii would be necessaiy for the PUintiff to prime that tht 
object had beea BctnsU/ delivered to the Defendant. In verbal contracts tbi 
lyaiboHcal transfer ooaetitated the obligation, and tills was tXvttjt tosceptibie of 
proof, becAiiM the presence of a certain number of witnesses waa a neceuary part 
of the form. Iq literal contracts the LaHo Expem'i in the ledger of one party 
conMituted tiie obligation, and if corroborated b/a corresponding Zafio Aecepti 
in the ledger of the otiier party, the proof was complete, but If no sucli entiy 
appeared in the ledger of the Defendant, then the mere fact of the Lalio Expenn 
standing in the ledger of the Plaintiff could not be accepted as proof, b«:aase 
it tni^it be a false entry, and iiencc it irould be neeessary to seek coliatend 
srideDcc. This, as hinted above, might in some cases be afforded by the books 
themselves, for if those of the one party vere found to have been kept in a dear, 
regular, and methodical manner, ivhilo those of the other were conhsed, imper- 
fect, and disfigured by erasures (liturae,') then a strong presumption would 
arise in favonr of the former. 

We now proceed to consider the t econd g:rat diTision of Obligationa. 

B. Obiigaboncs ex Delicto. ' 
These also were fourfold — 
a. Purtata. b. Iniuria. e, Dammiia iniurin datum, d. Eapina i. Btna 

a. Furtum, tbefl.' According to the definition of Sobinns, — Qui aUaiam 
ran allrectavit Tuum id se invito domino facert iudicart deberel, fuati tenk- 
TUii. A. distiactioD was drawn from the earliest times between — 

1. Furlum numi/atum, and 2. Furtum nee manifettum. 

1. Fartum Manifestam. According to the Laws of the Xll Tables, a Fut 
mani/atus, that is, a thief caught in the fact, if detected in plnndering by night, 
might be lawfully put to death on the spot ; and so also a Fur mamfatut by 
day, if he defended himself with a lethAl weapon, (cum telo,) but if he did not 
rewst, then tiie owuer of the property might seize, seourgc, and detain him in bonds. 

2. Furtum nee Manifulum. By the same Code a Fw nee manifetlut was 
mmpelled to restore double the amouiit of the property stolen ; but both in this 
case and also in the case of Furtum maai/eatum, the person plundered was 
allowed to make a private airangemeot with tlie thief. 

According to a very ancient usage, if a person suspected that properly which 
had been stolen fiom him waa concealed in the house of another, he was allowed 
to search fbr it, provided he entered the house naked save a girdle (licio s, Unteo 
vinctui) and holding a large dish (lanx) oith both hands. A search so con- 
dact«d was called Furti per Lancem el Licium Conceptio. The thief, if detected 
in this manner, was punished as a Fur mani/estu.^, and the person in whose 
house the property was discovered, although not himself the lliief, was botmd, 
by the Laws of (he XII Tables, to restore three Umes the amount of what had 
been stolen, the suit for enforcing this penalty being termed Actio Furli eon- 
tepti, while an Actio Furti oblati lay against any one who had conveyed stolen 
property and lodged it in the hands of another. 

Id OTOoets of tine tlic law agjunst theft was m so far relaxed that in the case 
of a J^rlum Manifestum, when not aggntvated by darkness or violence, the 
thief was not placed under personal restraint, bat was compelled in an Actia 
F^irH to restore the stolen property fourfold. 
IQaliuIII. tiM-m. 

oiiiuiiL|ig6.f is>. 1 is3.iv. fill, abi.cmi. XL18. riiBt. Ptis. L u. n 



'.OOglf 



318 

b. Iidvria. ' An Actio Ituurianiai laj tg^ost tnj one nho had u 
or offerod violence, not meteljin deedj buCironle, to anj Bcmuii ritizen, irttether 
5» lurii, or In Polatate, or /n 3fiinu, or /n Tvtela. 

1. By tfae Lbwi of the XII Tables, the Lex TaUoau, " an eje for an eye and 
a tooth for a tooth," might be enforced in the ca«e of penonal injories. Thia, 
however, vsn not applied nnireraally ; for the compenudoD fixed for a broken 
bone was tliree hundred Auea if the luflercr n-io a Iree man, and one hundred 
and fifty if he was a slave, the master of the slave, in the l^ter case, bong, in 
the eye of the law, the ag^eved party. For assaolta of a more trifling chanela' 
the fine vru twenty-five Assee. 

2. Afala Carmina. Famoti LibeUi. The Laivs of the SII Tables were 
particuUirly severe iu the matter of libellons verses — Noxtrae (sayi Cicero) 
duodecim labulae, gautn ptrpaucat ra capile tanxiitent, m hu hanc qytoqae 
laitciendam pulavemnt, n quit oceenlavuitl, rive carmen condidisset, quod 
in/amiam fueeret Aagitiumve alteri — the pucishmeot, if we can believe Por- 
phyrio and other scholiasts, being Sogging the offender to death. 

In process of time tlm Lex TaUonis and other penaltiee for /niuHo, fixed by 
the andent laws, feli altogether into disuse, and Aclioats for pecuniary compoi- 
salion, founded apon Praetorian Edicts, were substituted. By the Lex Cornelia 
de Inivriis, any one wbo hod inflicted bodily injury upon another was liiUile to be 
oriminally indioted, and, if convicted, might be luuushed or condemned to wori: 

c. Damnum Inivria datum, * damage dona to the property of another. It 
irodd seem that, by the Laws of the XII Tables, any one who in any way bad 
damaged the property of another could be compelled to make compensation. By 
the Lex AquilUa, (B.C. S86,) any one who, through malice, or culpable ne^e(4 
(dolo aut etdpa) caused the death of a slave or any fouriboted domestic aimnal 
belonging to his neighlwnr, conid be compelled to pay the highest price at which 
a mmilar object had been sold during the space of a year antecedent to the oSenoe; 
any other damage to the property of another was to be compensated for by paying 
the highest price wliich the otject had borne during the space of a month 



the highei 
■ntecedeni 



d. Eapina. Bona vi rapla. Rotibcry by open violence seems, in andent 
times, to have been included in the Actu> damn! initiria dati ; but when the 
orime i>ecame common daring tlie dvil waia, M. LncuUus, when Praetor, endeav- 
onred to repress these disorders by introdudng a new Actio btmontm rt 
raptorum, by which the robber was compelled to restore the property plundered 
threefold, and, in some cases, fourfold. 

In addition lo the two great classes of Obligationes, which we have enmnerated, 
the Roman lawyers reclcaned two sub-classes, viz.: — 

1. ObligaCiones quasi ex Contraetv, and, 2. ObUgaliones quari ex delieto. 

Eiamples of the ObUgationet quari ex Contractu are offered by thne 
AcHonei, founded upon them, to which vre have ad^'erted above (p.S02). 
1. Actio FamSiu erciscundae. 3. Actio ComniKni dividundo. 3. Actio 
F^nium regvndorum. 

ObUgationu quari tx delicto, ' upon which an .4clio Damni infteti might 
be tbunded, arose when any ptoccdnre, on the part of one individual thj ~ ' * 

r. Spp. U la. Vatt. i.T. TMmU. f. 
. Com. 11. Pttt. ST. Smltba. n. MS. 
n. Imttt. IV. T. ]. 



0*1. XVI. 10. XX. I 

"OUMlltlJIO-ilB. CIc pro ROM. Com. 11 



".oogic 



AOHDmrnunOlf OF IBB LATB — [UDKIA PRITATA. 319 

to prove injnriMii to IhepniDn orpropertjof another individual, inwbicb cue, 
the latUr mighi call npon the former to Cake meaanrEa to prerent ench an iiijuij 
ta waa anticipated, or to give leonrit; that, if tbe injnry wat inflicted, ade- 
qoata ooispenution would be made. 

THE ADMiKisnuTiow OF VEX um. 

Alljndidal proceedinga were comprehended under tbe general term Indicia, 
and these ware natoially divided into Indicia Publica and ludicia Privala, 
whkh ooneqNmd cloael; with what we designate us Crimnal Trials and CieU 
Smta; the lubjeot of tbe former being thoee oScncea which maj be regarded la 
affecting the intererte of the oommunity as a body, such aa murder, treason, 
cmbeulement of publio monej, forger}', malversation io a provindal governor, 
and man; other* ; the subject of the latter being those disputes, chieflj recaitling 
property, which arise between individuals, imd in ivhich the state baa no interest 
bejond that of providing tbe means for a legal and equitable decision. Cicero 
Qhro Caedn. 2) points out the distinclioa very clearly ' — Omnia iudicia, aut 
aiitrahendarum amtrovertiaruTa, aut punieadorum malejiciorum caussa 
rqierta mint ; but, at tbe same time, it must be observed that certain wrongs 
wUeh among onraelves are made the grounds of criminal prosecutions, were 
regarded bj the Romans as subjects tor a dvil suit only, and vict versa. 
Thoa, during tbe later centuries of the republia proaecutions for theft were 
ludieia PneaUt, while adultery exposed (be ofiender to a criminal impeach- 
ment. 

I. luDtciA Pbivata. 

In eiplaining tbe details of a civil suit we may considir — 1. 7^e Periotu 
concerned. 2. The actual Procea. Tbe peraooa cooceroed belonged to two 

1. The persons who decided the suit. 

3. The person* who carried on the suit, i.e. the Actor and tbe iletu, with 
tbar counsel, agents, witnesses, &c. 

The Jmtftat !■ Civil Mult*. — In the easiest ages tbe Kingi acted as sopteme 
Judges in civil as well aa in criminal trials j and alter tbe expulsion of the 
Tarqmns tbeM liinelions were, for a time, discharged by the Consuls. Tbe 
Consols ware relieved from judicial duties after the institution of the Fraetorship, 
(B.C. 367,) and from that time nntil the down&l of the republic, the Praetor 
Uibaaua and the Praetor Peregrinus presided in the civil courts. Some of tlie 
other magiilratcs, such as the AedUea and the Qnaestors, bad the right of acting 
■s judges (iurisJi'cfio) in matters pertaining to their own departments ; but all 
ordinary controversies between man and man were submitted to tbe Praetor. 
la the Provbces, the Provincial Governor, and in the cities of Italy which 
adopted Boman forms, tbe chief magistrate had laritdietio, and exercised the 
tame powers aa tho Praetor at Some. 

mode Ih wklch ike Prmalor exrrelasd jHrlndlellaB. — In very simple 

oaiises the Praetor at once decided tbe matter in dispute, and the process was 
tensed Actio Extraordinaria ; but in ^e great majority of causes, hence termed 



IplOfl th* pbru« Indicii rrinala (Tap. IT) u 
wurMrxnIwdunllIrr 



Amwia. tfl ;) bat It H«mi doubtful whellrti 

ntrlctcd lenH I HBOir. DIfrH. XL. t. I. 



nw w«rd> of mplui { UIgut. L 1. Delnrlv polnli la the dlililDn adspiei] nbsif. 
n ml im4 at italiim rti JIbbuui 'ptclal. Pmitaidh. pud a4 nntMltrum ulUiUl 



S20 TUDICU PHIVATA. 

Actiona Ordinariat, he appointed one or more umpires, fbr irbom the geoen. 
term is ludex, to iDquire into the fucU of the cose, and to prononnce Judgment; 
but he preTioDsly instrocte'I tUc ladex as to tlie poiuts of ikir inrolved, and laid 
do\rn t)ie principlce apou irhich t)ie decision was to be based. Aiter the ludex 
had proaounoed jadgTiient, it became the duty of the Praetor to give effect to 
^Rt judgment. 

Hence the juriadiotion of the Praetor wae eaid to he ezpreued bj thine woidi 
Do, DiCO, Addico, 

Dahat Aclianan et ludica, he gave pennisaioD to bring the luit into ooort, 
and appointed one or more umpires. 

Dicebal lus. ho laid down the law for tiie guidance of the ludica. 

Adilieebal Bona vet Damaa, he gave effect to tlie deoiaion of the ludieet bj 
fonnall/ making over the property in dispute to the lawful owner, or b; awarding 
compensation liir an injury eustained. To these words Ovid refers in hit dilu- 
tion ofDift Fatti and Din Nefaiti, when he aajB — 



The Praetor liad full powers, in virtue of his office, t 
described without consultation withotheis; but, for hit 
frequently sought the advice of tliose wlio were learned In the law, and who, 
when called in to assist him, wore termed his Coiuiliarii or Auestora. ' 

The iniiiec* In CItII Mnlia wera distinguished by different Dames, according 
to the manner of their election, and tbc nature of the dntiea wliich they were 
called upon to dischnrge. 

1. ludica in a restricted sense. Wlien the question turned upon a simple 
matter of fact, ilie panics thejnselvcs, or, if they could not agree, the Praetor, 
nominnted a single umpire, irho, under tliese circumstances, was named specially 

2. ArHlri. When, in addition to simple matters of fact, it was necessary fiir 
the umpire to pronounce upon questions of equity, he was termed ArhiiOf'. 
Hence, a Index would be appointed in an Actio atricli t'uru, an Arbiter in an 
^ctto ex fide })ona, (see p. 312,) and a lawsuit, when founded on Actio itrieli 
iuru, was termed Indicium, when founded os Actio ex fide bona, was termed 
Arbilriuia. * 

3. Ceatumviri. Hattersof an importantand complicated nalnn were lunallj 
referred hj the Praetor to the judicial college of the Ceatuntoiri. This consisted 
of individuals elected annoally, probably in the Gomitia Tributa, three from eadi 
of the thirty-Gve Tribes, making in all one hundred and five, or, in round 
unmbers, Cenlumviri. The period when this body was inititnted is unknown. 
The name cannot be older than B.C. 241, for then Erst the Tribes were increased 
to thirty-five ; (p. 95 ;) but a similar board may have existed at a mudi eaiiicr 
epoch, (see Liv. III. 55,) in the Deeemviri SUitibia iudicandii, i^ whom we 
have spoken above, (p. 230,) and may have been gradually augmented. We 
are uiuble to determine the precise limits of their jurisdiction, which appears, 
in oertain cases, to have extended even to criminal trials ; bnt it would appear 
that causes connected with wills and socoessions were very frequently submitted 



urolLSIIS. TtrroL.T. VLfSO. 

lOm I. 37. In -VeiT, II. a. 

CBiiiotd. «, wbtr* tlHH dlHlBotiOBi *!• hUr « 



Coo;; 



tUDICU MtlVATA, rjJJ 

to them, uid, k addition to tbe«e, Cicero (De Oist. I. 36) gives s long, bat, u 
be himMir indicates, by no means a complete catak^e of Causae Centum' 

In later timeB, nnder the empire, tlie Praetor himself sat aa president in tbs 
court of the Cuitamviri; their niunben Wei's increased to one hundred tmd eighty, 
and they Keie divided into two, and sometimes into four, sections, (quadrupUx 
iudicium,') which, in certain cases, judged separately. ' 

When the CenCttmviri sat in Jadgment (CentumviraU Iudicium) a spear was 
set upright before them, and hence tlie phrases ludieium hastae — Ctntumeiralem 
Aortom copere— Cwiium gravix liaala virorum — Ceuat cenleni moderalriz 
iudicii kasta, lac? According lo the ezplonatioo of Gains, (IV. § 16,) tha 
Haita, being a symbol of l^al right of ownership, (iutti dominii,) was held to 
ba a suitable emblem for a court which settled conflicting olums — autximt tnim 
ma asicTcddmnt quae ex hottUna eeputetit : untie in Centmaviralibus iudtcia 
haita praeponiiur. 

4. Recaperatores. This name was originally given to a mixed body of 
nommissioners, appointed by a convention between two states for the porpoM of 
adjusting any claims and disputes which might hare arisen between the members 
of those states. Subsequeully a judicial corporation, consisting cf three or Gve 
individnals, who bore the name of Recuperaiorea, was established at Rome, onder 
the immediate eontrol of the Praetor Peregrinns, for the purpose of acting as 
wnfNfes in aaits in which Peregriai were concerned. In trials before the ifecu- 
peralores all those tedious and complicated formalities which charactemed 
ordinary processes belweo) dtiiens, were ^spensed with ; and hence, it would 
appear that when a epeedy dednoo was dedred, the parties, althoagb both Boman 
atizens, somedmes, by mutual ocmsent, submitted their causa to the lUcapera- 

J he Piunica In Ciril sbiu. — The parties in a civil suit were, as already 
mentioned, the plain tiff, teimed^ctor s. Peftlor, and the defendant, termed &tu 
a. Adveriarius, the name Adveraariun being, however, applicable to either patty. 
It was not essratinl that the parties should appear in person, either or botli mi^t 
conduct thdr case by means of an agent, who, according to circumstances, was 
styled Cognitor or Procm-alor. A Cognitor appear* to have been named in 
court, with certain foimalities, in the presence of both parties, and lieoce the 
party for whom he appeared became at once responsible for his acts. A Pro- 
curator, on the other band, was not necessarily named in court, and might be 
appobted without the knowledge of the opposite party, and thereibre was obliged 
himself to give security that lus acts would be adopted by his principal. We 
shall reserve oor repurks upon the counsel (pafroni) onjdoyed to plead, until 
ve treat of crimmal trials. 

Before considering the regular steps of a suit, it is necessary to explain the 
sigoiScation of two terms closely connected with the history of civil processes. 
These are Legii Aclioatt s. Actioner Legitimae and Parmaiae. 

I^efla AeilsBM. — In the earlier agm of the republic, when a part; iustitnted 
n auit against another, he was obliged to make hii claim according to a certain 
prescribed form of words, derived directly &om the law upon which the claim 
was fbunded, and to this ibrm it was ueoeasary to adhere itriotly. The fbnn 
iaa.it]*w. ifF. iL ir. Otm. TriH. iL >i. FhudT. til. X. M. Piiix Ew- L a. IS, n. 

tL IV. M. V. I. VL 4. la IX. U QuinlU. L O. IV. I, ST. V. IL I. VII. a XL L XIL & 
Dlalof, da ouili C. B. M ViL Mu. VII. rllL I. But. Dot. X. AdL GM. XVI. U. 
"hL DUo. (.t. CnHmitraH* ItMiir, wi M, M. 
" ~ ' -i. Ut. i^ULl CiLlnViiT. IILIL OliluL|IM. 



emidojed was tenoed Legit Actio, and the peraon irho emplojred it wu uid Le^ 
Agere. The ZnruJcfia varied scoardiag lo the n&tiire of the case; and if anj' 
plaintiff selected a wrong Ltgis Actio, or departed a balr's breadth (ram tlis 
predae words of the proper fonn, he vroi at once nonsuited — eo res perdueta ttt, 
ttf, vel (pii minimum errasaet, perderet (Gain* IV. § 30.) The kuovrledm of 
these fonns vraa, for a long period, conSned to the Patricians and eq>eeiaUj to 
the PontiGcet, and bence the whole administiation of the (Hvil Law was, for • 
lengthened pviod, Tirtually in theu- hands. Gains (IT. g 13} enumeratea At* 
dmtee of tbem ligit Actiona — Lege autein agebatur modis quinaue: Saera- 
latnlo: Per ludicit Poitulalionem: Per Condictionent: Per Maniu /nfee- 
tiottenc: Per Pignoria Captionem. 

1. Sacramento. So called, becanse at the commencement of the proceta, eadi 
of the contending parties deposited or gave secorit; for a certain sum, called 
Sacramentum, which was forfeited to the publio bj the loeer. According to the 
Laws of the XII Tables, tlie amount of the Sacramentum was 500 iUHea in 
anita where the value of the propertj in dispote amounted to 1000 Asses or 
upwards, and 50 Axaea when the value waa below 1000 Asses. The paRiei 
teaoiting to this kind of Legii Actio, which appean to have beai applicable to 
a great variety of cases, were said Contendere Saeranunto. The term Saera- 
nuntnm mij have been adopted In oonsequenca of the parties having been 
originalFr required to take an oath upon depositing the som, or from the drenm- 
Btaoee of the Ibrfeited deposit having betm originallj tqiplied to holv pnrposei. 
See Varro LL. V. § 180. 

2. Per ladicis Posttdationem. When both partita, bj mutual content, 
appeared before the Praetor and reqaested him to name a ladex. 

3. Per Condictionem. When the plaintiff formally summoned the defendant 
to appear before the magistrate on the thirtieth day Bfler the siunmona, for the 
purpose of choosing an umpire — Actor advertario denuntiabat, v,t ad fudicem 
eapiendum die trieeeimo adeaet. 

4. Per Mania Inieelionem, When a party bad been Jndidally eentenoed to 
pay a sum of money to another, and had lailed to discharge tiie debt within 
thuty days, then the creditor was entitled — lege iudieati — to lay bandt npmi 
the defaulter and bring him hy force before the magistrate, with the view ot 
compelling payment. The LegU Actio per Maniu Inieetionem waa, by subae- 
qnent laws, extended to various cases in which there had been no previooi 
jadicial seatence. These are enumerated by Gains IV. § 21 — 26. 

fi. Per Pignorii Captionem. In certain casei a cieditor was entitled to 
distrun the goods of his debtor without a Jndidal seatenee, provided he mada 
use of certain prescribed forms. This Legit Actio was permitted to a aoldiw or 
an Eqtiei, when the parties bound to furnish Stipendium or 'Aet Hordtarium 
bad failed to perform the obligation, to the seller of a victim for saorifiee, and to 
Pabliaini, when tax payers failed to pay a legal impost. See Gains TV. g 26 
—29. oomp. Cio. in YeiT. III. 11. 

VavBiBlBfl. — The difficnmee, and inconveniencea, and uncertainties attendant 
upon the employment of the Legii Actiona were so numerous and became ao 
inaupportable, that as lawnili became more frequent and more complicated, they 
gradually fell into desuetude, and at length, by a Lex Aebutia and twn Leget 
luHae, (the pndse dale of these enactments is unknown,) they wera (omudly 
abolishsd, except in a fbw special eases, and the procedure by Formutess.FerM 
Omcepta snbetilated. 

The giand dlMincdon betwMD the naeof /.«(7iii4c(iDMSMl Araa)la(«M|- 

- C7ooylc 



lUDICIA PMVATA. 823 

uttei, wginally, in th!«, that while the former were MJected sad emplojcd by 
plaintiSs at Iheir own riak, the latter proceeded from the sapreme judge, and 
were, in &ct, carefnllj vrorded inatrnctions to tbe I'tuJu, adapted to the circuni' 
rtUMNB of thtt MU, after Umm had been asoertuned from the MMements of the 
panics. Indeed, tlie Formalat, in nan/ instances, cOTreepaiided closely with 
what we term tbe laius submitted to a jnrj, when triala hj jury are tesorled to 

Erentnally, indeed, the Formulae adapted to caaea of a particular ciass becatao 
fixed, and the number of these established Formulae wu constantly increased 
by the annual Edicts of the Fiaetore, by whom new Formulas were, from time 
to time, introduced to meet new droumstances. In the days of Cicero these 
established Formulae had accnmulated to such an extent tliat the onUor declares 
that provision had been made for every possible contingency; and it appears. 
that at this period, the plaintiff was in the habit of selecting tbe Formida 
accoiding to which he wished his case to be tried, althougli the technical precision 
of the Legi$ ActUma was no longer easenUal — Smit iura, sunt Foiuiula£ de 
otatdtna rebat conatitutae, ne qais out in gemrt iniuriae, ant ratione actionii 
errarepotiit Expreaiae lunl eni'm « anius dtiutqae damao, dolore, incom- 
modo, catamitate, iniurta, publicae a Praetore FOBHtJLAE, ad guas privala 
lit aeeomvtodatKT. Cic pro Boso. Comoed. 8. 

Formulae were divided into two classes — 

1. Formulae in Iia eonc^lae. 

2, Formulae in Factum Concepiat, 

The former were employed when tbe fktts oT a case were admitted, and it was 
nece««ary merely to determine the legal consequences or results of those facta, 
and whether, in the eye of the law, any damage had been sustained by the 
plaintiff, and if damage had been eueUuned, to decide the amount. The latter 
were employed when the ludex was called upon to decide with regard to the 
tmth of oonfiicting statements as well as on the l^al validity of the claim. An 
example of each, taken from Guus (IV. g 47) will make the nulure of the 
Formulat belonging to each ciass sufficiently distinct. In what follows it is to 
be observed that Aului Agerius and NuToerius Negidira are fictitious namea 
re p res o nring an imaginaiT Actor and Rem. 

1. ludex €3la. Quod Auba Agerius apud Numerium Negidium menaam 
a^eBleam depmtit, qm de re agitur, quidqtiid ob earn rent Numerium 
JVejndiitin Aula Agerio dare /acere oportel ex fide bona eiia, id iudex 
NumeriuTa Negidium Aula Agerio condemnato Si non parel; 



2. Iudex etto. Si parti, Atdum Ageriam apud Numerium Negidium 
meiuam argenteam depotuiue, eamque dola mala Numerii Negidit A ulo Agerio 
rtdditam nun e««, i^n/i ea ru erit, tantam pteuniam iudex Numtriam 
Negidimn Auto Ageno cortdemnaio; ri non paret, absohiiio. 

Van vT n*«H la ■ Civil i^H.—Alihough it is mauifest that the form of 
pnxRBs mnst have uDdergone many changes in details during the long p^od 
wliidi elapsed from the foundation of the dt; to tbe dowafat of the constitution, 
and.most have be^) much infinenced by the gradual traniition from the Legii 
Actionet to the Formulas; jet, m so 1^ as our anthoritiea enable us to judge, 
it appears to have varied little in its general outline. It always consisted, at 
may be inferred Ihim what has been said above, of two parts — 

1. Prooeedings before the Praetor, said to be /n lure. 
"" " " *" ;« belbre the Index, said to be /n /wfictOk 



324 nmici* ritiVATA, 

PiwceMlBKB Ib lure. — It mnBt be bonia in mind, that no auit cooU bt 
bronght into oourt except upuit a Dia Failits, aiid tlie knowl«dge of tlieac wu 
jealoiul^r gnarded hj the PontiGccs until betrayed, along with other «ecreu, hj 
Cn. Flaviiu (p. 268). The Praetor, during the earlier ages, adminiitered jiulice 
b the Comilium, (p. IG,) aealod on liia Sella Curulii, which waa placed upon 
ao elevated platTomi, tenned Tribunal, around which, but on a lover terd, * 
number of seats, called Subaellia, were iirmii);ed for the convenience of the paitiei 
who had huaineaa to imngacc Towards the close of the republic and under the 
empire ibe Tribunal of the Praetor was uauallji placed in one of the atatdj 
BatUicae (p. 17) tvliidi gurroundnl the Forum. 

Voeatio in las. The drat procedure on the part of the plaintiff a-as to eummon 
the defendant to appear before the Praetui, (yocare in t'lu,) and in case of % 
refoaal or an attempt to escape, the plaintilT waa authorized, by the Laws of the 
XII Tables, to drag him to the jud^eut-scat by force ; but he was required, in 
the first place, to call upon a bystander to bear witneas {cmtutan) to the facta. 
Tills ancient practice seems to have been in force even when Horace irrote, aa we 
gather from the veil known scene at the conduaion of Sat. L ii. A defendant 
ccold not, however, be dragged from liia own house j but if it could be proved 
that he was wilfully concealing himself, in order to avoid an appearance in court, 
the Praetor might conOacate his property for the benefit of the plainliS' — Aetor 
in bojut mittebatar, 

A defendant was not obliged to appear penonallj if lie could find another to 
undertake bis cause, and such a Tcpreaentative waa originally termed Vindtx. 
The Vindex, who, in ancient times, gave soiet; that the defendiint would be 
fbrthooming wbcD necessary, seems gradually to have passed into the Cognitor 
or Procurator. 

InteiUio. ActionU Poilulalio, Exceplii), &o. The parties having appeared 
before the Pi-aetor, the plaintiff made a statement of his claim, (/nfmfiu,) and 
asked leave to bring the suit into court ^Actionem poatatahat.) The defendant 
then simply denied his liability, or gave in a plea in law (exceptio.) The Praetor, 
if he required further information, might order the plaintiff to answer the 
Exceplio, which waa done by a Heplicatio, and to thi^, again, the defendant 
might make a rgoinder, called, at thia stage, Dupticatio, and the DapUcaiio 
nught be followed by Triplieatio, a Qaadruplicatio, &c 

If llie Praetor conaidcr^ that a prima fade case had been made out, he gave 
the plaintiff leave to bring his auit into court, (dabat Actionem,) and the plaintiff 
tlien dedared what Actio he intended to employ (tdebai Aclioitem.') Ai\er the 
Fo rmuZae were subatitnted for tlie X<^ .i4ctioiie9, the appropriate Formub wh 
selected sometimes, sa we have seen, li; thi Praetor, more fi^nently in later 
times by the plaintiff. 

ludicit Datio. Comperendinado, lliese preliminaries having been con* 
eluded, the parties were required to preaent themselve* agun before the Praetor, 
■nd the Ltx Pinaria (Gaiua lY. g 15) fixed thai this second appearance ahoold 
take place within a limited period aikr the firat. If the parties, daring thU 
interval, had been unable to come to any arrangement, then the Praetor referred 
the matter to a Ittdtx, an AtJAxt, or the Ccnfumiiiri, as the cause might 
nquire ; and tbe parties were obliged to prosecute their auit on the next day but 
mio—Dia PeretuUm — Dia Comperatdmi — and heoce the term Comperen- 
dirtatio. 

Lilt* Conlalatio. Tbia Ituiahed the proceedings before the Praetor, that is, 
tbe prooeedings m inre.^ and the whole of thcM proceedings were oomprabendad 



nmicu PRiVATA. 325 

Tinder tb« geiientl term LUit Conte$tatio, n pbraw whicli teemB origiuinj to 
hava been conGned to tlie notice given b^ both partieii to their iritneiwt to 
itppcar before the ladex. At thtaetage tlie mom n-Mtenccdbj'Janits/tiificiiint 
acceptam s. ordinatam. 

Vadimonium. At diSkent itagea of tbe proceedinn in iure the pUiatiff 
■night call upon the defendant to give bail — Dare Vadet — Dare g. Faeere 
Vadimonium—ki bis ttppearance, aad in «o doing wae Mid Vadari Seuei, 
that is, to hold the defender to bail, or to let him go on hiBsareties. When tbe 
defendant appeared at the appointed time and place be nas stud Siitere ■. Obirt 
Vadimonium; bnt if he failed to appear, he waa aaid Daerert Vadimoniam ; 
thecanw wa« called Ixtdicium daertmn, uiA tbe Praetor at once gave judgment 
fbr the piaintiS'. Generally, at anj stage in the luiL, either in iure or in tudicio, 
if one of the parties failed to appear peiaonallv or by liij agenu irithoat bemg 
able to allege a valid apologj, (I'lufa uciuati'o,) then the judgment was ^ven 
by default in favour of the opposing party. 

Vada. Praeda. Sponsores. These words may oil be rendered by the 
English Sarelia. According to Ausonioe and Paulns Diaconus, Vas denotes a 
anreCyin a J?« CapUalis; Praes, a surety in u Civil Suit. 



But it cauQOt be proved from clauical ivriten that thit djstiuction was observed 
either in legal pliraseology, or in the language of ordiniuy life.' Praedium 
originally signiGed any properly whicli a Piaa assigned in security (o the state, 
bnt in process of dnie wae twcd in a general sense for Landed Property, Prae- 
diator, as we learn fromGaius,' ivas one ivho bought from the people n Praedium 
tvbich bad been pledged to them, 

SpoJiior was a person who became surely to a Creditor for the performance 
of an Obligatio on the part of a Debitor (p. 312). When there were several 
.S^oiucrei jointly bound, they werecalled relatively to each other, Coniponsora. 
A surety, according to the nature of the Obligatio, was sometime* tenned 
Sponsor, sometimes Fidepromisxor, sometimes Pideiuaor* 

PncceJlHfi In Indlcl*. — The parties appeared on the appointed day before 
the ludex, who took an oath to decide impartially, and was uanally assisted by 
persons of high reputation learned in the law — Hia, qaoa tibi advocasti, vim 
ekciiMitnii ciellatie — are the words of Cictro when addressing a ludex (Pro 
Quinct. 2.) 

A statement of the case was then made hv both parlies, (Cautat CaUeclio s. 
C(nifecft'o,)evidencewssaddaced, both ornl(rej(es) and documentary, (Tabulae 
— Episiolae — Codices — Ralionei,) depositions were read, (Testimoniuta reei- 
tare,) the advocates {PatronC) commented at length upon the details ; and after 
a full bearing, the Judex or ludicea pronounced sentence at onoe, or, if donbti 
still remained, put off the cause (pro/errt iudieitim) for further debate, and thia 
was someUmes repeated again and again (_saepius prolalo iudido, Cio. pro. 
Caec. 4.) 

Tbe final sentence, when in favour of the plaintiff, was termed Condentnatio, 
when in favour of tbe deiendant, Abaoluiio. 

I Vurat.!. VI. pt Auun. Eldlll XIL FuL DIu. 1. T. Co^fHI p. JTl L T. Nai»^ 
1 oilH IL |ei. comp. Clo. kd All. X'lL IL II. p» IMtL «x VaL Hu. VIIL lU. 1. BhL 



v-lc 



S26 nmicu psitata. 

. rindicMi*. — The proeeedii^ detailed above w«re conimon to 
ion and Aciiorits in PersDnam tlike. Bat in AcHona in .Rem, 
the PlaiatiO', apoa raoeiving leave to bring his lait into court, muallv mads a 
claim ( Vindiciae) for tenjporary posMssion of the object in dispnle until the suit 
■boald be final]}' settled ^ (pendente Hie ;) this vras commonly m«t bj a oounter 
eiaim on the part of the Defendant, and the Praetor nag called vpoD, b the 
tint iitstanee, to decide upon tbii preliminary claim. The technical t«nn for a 
eUim of this naCnre was VintHeiae, the act of making the daim Vindieatio ». 
Pottiilalio Vindieiarum, the discnsaion which fallowed Lu Vindiciantm, the 
Praetor, in pronouncing his deciMon, was eald Dare s. Dicere Vindieiai Mtaat- 
dian ai/ervm, aod the par^ to whom he awarded temporary possession was 
■aid Ferre Viadicias. Thn*, if it were asserted that an bdividual, who was 
HvtDg ae a slave in the possession of a master, wu in realitj a freeman and 
iMght to ho set at liberty, or, vice vena, if it were asserted that an individual, 
nominally free, was in realilya slave, then the Plaintifi'in the former eaaa would 
be tud Vindieare a. tuierere in liherlatem s. Uberali caum, in tlie latter case 
Vindicare in temitiUem, and according aa the Praetor dedded that the individual 
whose freedom was in dispute, ehonld, daring the pnxecution of the fait, b« 
treated as one free or one in slavery, he was said Dare Vindiciiis Mcundum 
Sbertatem or Dare Viadicias secandvm tervitutem a. Dictre Vaidieia* ab 
BbtTtats. See Liv. ID. 44. 47. 57. 

The party in whose favour the Vindictae bad been pronounced, was reqidred 
to rive secnriCy that the object should suffer no loss or damage until the pro- 
eeediugs were oloaed. This act iraa expressed by the phrase Aire Pratdes 
Litis el ViJidiciaruni. 

Fvm* •hanrerf la > Tiadicailk. — When the id>jeat claimed was moTeable, 
it was produced in conrt Ijefore the Praetor ; the claimant, (ipii vindicabal,') 
holding a rod, called Fealaca a. Vindicia, in his band, laid hold of the object, 
a slave, for example, saying — flunc ego Aominem ez iure Quirilitim meum esse 
ah lecandnm suam caiunni ni dixi — and then touching him with the rod, 
added — Ecce tibi Viiidiclam imposui. The Defendant (adfertariua) did the 
Hke. 

When the object was not moveable, a piece of land, for example, it was the 
[mictice at on early period, in accotdaace with the rule prescribed in the Laws 
of the XII Tables, for the parties to proceed along with the Praetor to the land 
which was claimed by both, and there to commence a mock stra^le, (mamtm 
eotaerere,) each endeavouring to drag (deducere) his opponent off the groondj 
this species of ejectment being termed Vu Civila i. Quotidiana. At a later 
qMMb, when the extent of the Roman territory and the press of bnainess rendered 
it impossible for the magistrate to visit the spot, the parties having appeared 
before him, summoned uicb other to repair to the ground for the purpose of 
*tmggUog to gain or keep possession of it — Ittslittitum est contra XII Tdbvlaa 
ut liligatitetnoninittreapud Praelorem manam cojisertrent sed exiurtmanma 
amsertum voearmt, id est, alter aUenim ex iiire ad montim constrendam 
vocarel — (Aul. Gell. XX. 10.)— wd having gone forth, they brought a clod 
(gltba) or earth tram the disputed land, and placing it m the court, before the 
Praetor, went through tbe forms of Vindieatio in reference to this as a repre- 
sentative of the wiKMO estate. Eventually a fiction was substituted for the act 
id proceeding to the ground. The cltumant summoned his opponent in thes« 
words — Fandut, qui est in agro, qui ^friuus vocalar, earn ego ex iure ^liri- 
(wiR meiim etu aio, iitdt ego te ex iure manuin cuneerfuni o(K<>-~4iM Adtttr- 



niDICU. PKIViXA. 327 

tariui replied — UniU tu nte ex inre manum eoluerhiin ooeatti, tiufe tgo te 
retwco' — tbe Praetor then ordered tbem to go forth, eich atlcoded t^ bia 
witneoei — Suis itlruque supertHtibta^ praaenlibus, i>tam viam dico; inife 
tiam — the parUes then made ■ fair slepa u if to depart, vrheo the Praetor called 
upon tliem to retnni in the woidi — RediU mam — and then the oeremoniaa o( 
the Vindiealio proceeded. Ohcerre that Conttrere Manum origindlj indioated 
the actual cootest, and hence Coiaerere Manum in iure became the technioal 
phraw for laying claim formal]}', in court, to property, while Coiuertre Mamaa 
ex iure is to beexplaiaed from the piadioe of qnitting, or pretending to quit, the 
court (on thii see AuL Gell. XX. 10.) 

Sacramentufa. Afler the Flaintitf had made hiaoiaim and the Defendant Ua 
connter claim, in AcHona ilricti iuris, the Phuatiff deposited a anm of moDeT> 
teimed Saerammlun, and challenged liii opponent to do the lilte, naing the 
worda — Quando tuiniuria vindicavijili D aeris aaeramenlo U provoco, toirhioh 
the j<iJiierMriiu replied — Siniililer ego te, ka. The amount of the Socramenfinn 
wag filed by the Laws of the XII Tables. 

Vvraabi PMit^rio. wpMisia. — After the Ltffis Aetirma All into ditnte, 
the Vindicatio and Sacramentum were, in a great measm^ saperaeded bj the 
Ftyrmida PetUoria, or by the Sponno, 

la the Formula Petiloria the FlaintitT laid claim to the propert}' — Petitoria 
FoTvaiia hate eat qua actor inleadit rem tuam eae — and the parties mntnallj 
called upon each olJier bj Stipuialio and lUilipulatio (p. !)J4) to give Monritj 
that they wonld be prepared to fiilBl tbe deciaion of the oonit (Judicabim 

The SpoToio, again, waa a aort of jodicial wager, of which one of the forma 
haa been piteerved by Gnius — ^IV. § 93) — Si komot quo de agitur, tx iurt 
Quiriiium meat eit, setlertiot viginli quinipxe nummoi dare tpondea — to which 
the Adiieriarius replied— 5;xwnieo, WLeo the Spoiuio waa made by ona parqi 
onlf, as in tbe above example, it waa termed Spimsio PraeiudiciaUtf and waa 
adopted merely aa a convenient form of brining the matter to an iisue, the 
sum not being exacted if tbe Plaintiff was Buccesaful. In other cases, hcwerer, 
mentioned by Gaius, the Sponiio waa mutual, and took the form of Stipuialio 
and Rutipitlatio ; tbe amount named waa forfeiled by the losing party, as in the 
case of the Sacramenlum, and the term employed was Spontio Foendia (Gum 
IT. 5 13. 141. 171. Cic pro Rose Comoed. 4.) 

l>Mr«icuB. ' — In some particular cases, those espedolly which referred to 
the poBsesaion of an object, a PMnliff, instead of bringing an action in the 
iqfular form, applied to the Praetor to issue, in the first inaianoe, an Inlerdictum 
or sammai7 order to secure the rights of the applicant, bj preventing any thing 
from bdng done to deteriorate or injure the object in question. Strictly speaking, 
a judicial aider by tlic Praetor, commanding something to be done, waa termed 
Decrtium ; an order forbidding aomething to he done, Interdietum ; but Inler- 
dictum is oouetaDtly employed by jurists to comprehend both. Interdiela were 
applied for when some wrong had been done, or was likely to be done, which H 
waa neeessaij' to redress or prevent at once, without waiting for the ordinoij 
technicalities in iure and 171 iudicio. Inlerdicta, aooording to tlmr ahanct«, 
were divided into three classes — 

1. Asffituforio. 2. ExhOntaria. 3. ProAtMorvn. 



1 CI(L pra Mnn 



^oiizodbyGoogle 



328 lUDtciA FUBuci. 

1. If theaotaalpoiMHorof ftpropertyhiidbMnfonnbljgecled (ui', Wiintiw 
armafii) b/ » oliimsnt, die person lO diBpottetwd might iipplj for an Inlrr- 
Sctum RatUutoriTini, ordering him to b« reinstated until tlieriglitaof thepaitie* 
li*d been decided by s competent court. Tha speech of Ciuro pn Caecina is 
ohieflj occupied with an argument concerning an InUrdietum Ralilulorinm. 

2. If anj one bad gained poucsaiou of a persoQ or of a thing vhich waa the 
nd^ect of conflicting claims, and if there vias reason to apprehend that the perioa 
or thing id qnegtiou might suffer irreparable injury ■'' allotred to remain in the 
oistodj of the Defendant nnlil tbe suit was deddcd, the Plaintiff might apply 
for an order lo have the object produced in court, and such an order nss an 
Inlerdicium Exh&ilorium. 

3. In like mBoner, if the value of an estate was likely to be materially Ictaened 
by some meditated act of Ihc pereon in possesiiou, such as cutting doirn timber, 
nprooliug vineyards, or the like, an Interdictnm Prolahitorium might be applied 
for, forbidding any sucii act. 

The oljecl of an Interdidwa was manifestly to prevent any wrong from being 
■nflTered by either of the parties in a snit until their respective claims were 
decided, and did not in itself prejudge those claims which were to form the subject 
of a deliberate independent discusiion. But an applicadon Ibr an Interdictiim 
often led to a preliniinar/ lawsuit, for the Praetor might refuse to grant it until be 
had heard the opposite party, and might eventually rd'er the propriety of granting 
or refusing it lo the decision of a Index. Even after an Interdictum had been 
granlad, questions frequently arose as to whether the order of the Praclor had 
been duly obeyed, and on this question a separate litigation might arise, with 
protracted proceedinp both in iiire and in iadicio. The subject of Inlerdieta 
is somewhat difficult and complicated, and those who de*ire full inrormatiwi will 
do well to stndy the Chapter of Gaius (IV. % 139 — 170) devoted to this topic, 
and the remarks of Savigny in his Das Jlechi dea Badlza. 

II. lUDlClA PUBUCA. 

CriaiiHMi 4urisdiciiaii «f ilie tUna*. — In so far as our authorities permit 
ns to investigate this obscure period of Roman history, it seems clear that the 
Kings were the supreme judges in all criminal trials, and that their sentence was 
&ial. It ivould appear that they e:tercised this power in cases of importanca 
only, those of trivial character being committed to the decision of Che Senate. ' 
The King, moreover, might, if be thought fit, delegate his authority to oommis- 
■ionera, as took place when Horetiue was tried for the murder of his sister ; and 
when this was the case the accused had the right of appealmg from the commis- 
Moners to the Comiiia Curiata. ' When the King judged in person it was usual, 
but not imperative, for him to have the assistance and advice of a Consilium, 
composed of the whole or of a portion of the Senate ; ' at least we And it made 
the subject of complaint against the elder Tarquin, thai he dispensed with the 
aid of a Consilium in criminal trials of importance — CogniHones capilaUum 
Temm sine ConiiUis per se solus excrcehat (Uv. I. 49.) * What the power of 
the ConsifiuiR may have been it is impossible to determine ; but, probably, 
although it might advise and gnide, it eonld not control nor gainsay the icmIu- 
\,\on of the monarch. 

I pioDii. iL It. 19. sa K. 111. n, IV. t, 13. u. a. n. Li>. i. m. w. u. 



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iDDicu ruBUCA. 329 

CriBlBiil JaricdIMlsB vf Iks CmhIs nad slkv Blmflmlnua. — UpOO 

the espnieion of the Kings Ihe whole of the autboriij which they ha<) enjojed 
WH tramferred, in Ihe first initance, lo the Consals, uid congequentlv the latter, 
at the commenoemeit of the repablic, «acceedcd to Ihe judicial raaotioni of (he 
foimer, and jointlj eierciied the pcnrer of life and death, u in the praceedinca 
BgtunU the aone of Bmtiu.' This oxcenive power was, bowcTer, speedily 
limited, and in procesa of time altogether neutraliied, chiefly bj' the Iia Prooo' 
eaiionu, which we have alreiid]r defined, in general terms, (p.111,)tofaaTe beta 
the right possened by every Roman citizen of appealing U> the people in their 
Comitia f^m the sentence of a magistrate in any mituer which involved life, 
corporal punishment, oi a permanent loss of political and social privileges. 

Origin and DeathpraaU of tkt Ita Provocationii. — It was positively 
aiserled in certain priestly books, extant in the time of Cicero, that there wai 
right of appeal even under the Kings— Pro uoiiad'oBem autem etiam a Rtgihtu 
/aisie declarant pontificii Ubri, idgmjicant eliaik nastri anguraUi (Cic. de B. 
II. Sl)^)ut, if il eiisled at all, ' il must originally have been enjoyed by the 
Patrictans alone, who would appeal to the Comitia Curiata. That a similar 
provision in favonr of the Plebeians also may have been made npon the inetita- 
tion of the Comilia Centuriala ia highly probable, bnt the rights of all classes 
alike wonld be altogether disregiirdcd during the tyrannous dominion of the 
second Tarquin. 

The right oT Praeotalio was revived and extended so as to include all classes 
of citizens. Plebeians and Patridans alike, by the Lex Valeria, of PopUcoU, 
passed B.C. 509, immediately after the expulsion of the Kings — PopUcola . , , 
legem a