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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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« i 


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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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■.Ll.GiSoglc- 


3,a,l,;t!dbvG00glc 


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:  TejHgrmpliii  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.  «. 

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


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.  Clauhius.  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 - 
Raffttto  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. 


^oiizodbyGoogle 


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 


-Googlf 


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 


.  iiiz .Googlf 


^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 


^oiizodbyGoogle 


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 


:.  Cookie 


-^ 


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. 


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


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  CBpii»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. 


".OOglf 


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 


OOglf 


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. 


^oiizodbyGoogle 


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. 


dpor 
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. 


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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. 


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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 


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


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.  agrtwmWi. 

■  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, 


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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 

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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 


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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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bvGooglf 


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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. 

DolizodbyGoOgle 


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 


".OOglf 


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 


1S8L    DretRl  Ball.  Ion.  IS 


H  VL  lUO-llU. 


^oiizodbyGoogle 


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. 


".OOglf 


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 


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


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. 


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


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 


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


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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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 


".oogic 


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. 


OO' 


!lc 


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  AiMillw  •.  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. 

0  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 


:,  Google 


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 


OO' 


!lc 


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. 


^oiizodbyGoogle 


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. 


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


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^  Then  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 . 

Piyl—  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*. 

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


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 

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


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& 

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


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. 

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


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 


.    ,l,z<»i:,.,G00gIf 


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.  umtmt.  CHhuHtw  pMu,  auttu  wm  pidxnf bt  a4  sg^vJuni  plMmm  nfW. 
r1  thi  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 

I  B«*  VtDalu  IL  3.    Cle.  in  But  a. 


^oiizodbyGoogle 


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>Ml  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 0  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-  JVolii 
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, 

ttarali  ■  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  0 
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 : — 


'.oogle 


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 


H  StftvgU  _ 

■  (MB<n.LO.T.)0  )». 
*m»njt.l».    U*.  iV.  4    Cle.pn 


ilthonifh  atn^tlj 


^oiizodbyGoogle 


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**)!-"-  "  *»  ""  ■» 

•  Ur,  VIU.  ir^ 


difcdlie     Tbi  chirr  u  ' 


4lTiB.  la  d  C.  3.     Bchol.  Craq  InBar'Bp^Y 
SXtV  la    Cl«.pn>CliitBt.  MdaOnteft 


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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 

DolizodbyGoOgle 


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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\t  ellajto  pndwwd  wcm  obIj  Ha^ 


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. 


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


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. 


:ziz.«i 


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 

iTbnipniTlniHil  Ml 

as,; 

rSU'^'»iib.V°"" 

.g.TlsD,.lnl.l.O»c 

■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 


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


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 
ynlanm  «a  tba  TSwaarqi  of  OratrlB*.    Sag  alio  Appandli. 

a  Cia.  pro  Caaaln,  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. 


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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. 

Waelat  €•>«■!•■  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  Camtlaum  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  poaatasion  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.* 

AmafUim  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  anniiwW  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. » 


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


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»MW  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. 


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


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. 


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


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 


^oiizodbyGoogle 


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>. 

L     ,l,z<,i:,.,GOOglf 


'«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  assembly  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 

.  UlaUl 

a  u  hr  M  trim  la  th*  (uUMt  ■«• 

(••mamMd.    SHVun^ 

L.U  VL 

Bf.  LIT.  to,  M. 

IIM 

'.  xxxv.&nxxiv 

F.  XXTL1.XI.IIL  IK 

'  i>i«  cuL  xxxva  n 

'.  XXV.  T.  XXV 11.  «. 

>Aa 

l.fWLXV.n.udai 

'*Xx"li*4 

iVi 

j.UL»Lm.~ 

Fntt.T 

.*flS?^p.«9. 

LIT.  L 

A^am 

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 


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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  fla4.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  pttifpag.  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  imwilHtig  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 
mopeitj  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  praMmram  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  CuMifcm  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  ftw—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— S57fM»«Mki«wrt.  iiiywi^ 
. — . r^^.. ^^ Mtrtm  tMMiMtt^nu  ntitliiumr    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  ■■et. — 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  not  the  Tona  Praetexla  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  HBlfAPgg  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^^mf^  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 


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


■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 


^oiizodbyGoogle 


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  Imptrima  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  masttr 
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.  ImmtlruUt,  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  iiMfHT  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  CnvwM. — 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«rpTM»e»binndP—J\omfaieretefiifrMi 
penmuae  Germameo  Frovmaae  qaae  man  dnridmtitr,  mcuvgue  inyeriw, 
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  trannfarad  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 

RoeoMula  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,  Prmautr,  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 

^nennii  uBTiam  MtmiM  iwrffmitt  jff'mlt  Imptrimm    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  TitmmriMi  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  cowcripaennit  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. 

Vwnt\»ttM  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  nnivewal,  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. ' 


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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, 


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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  attend  inee  <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 


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


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* 


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


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 

■<«■••  Aaiwlaa. — 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. 


^oiizodbyGoogle 


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  iiuititBtiMi  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.  YI1.I*    Jt  tHintr: 

•  Cla.UAtl.n.  IB. 

M  IMoB  Om*.  LXXril.  t.  LZXVm.  I*. 

II  Ut.  XXTtL  )*. 

DolizodbyGoOgle 


<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.  0 


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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  priitcipn.  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. 


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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.  PeregruiL 

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«  hBiband,  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. 

CmiTcfc — 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  prmilM.  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  proparty  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 


aasluILI  iw— m 
aa*iiuu|iM.iiL|L 


^oiizodbyGoogle 


806 

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 

IGdnill.  1114— ITS: 
lUshuILllSI— H3. 


3,a,l,;t!dbvG00glc 


■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 


.  iiizcd^vGoogk' 


cooiTAti— AGirAH.  309 

C*»— rti  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 : — 


^oiizodbyGoogle 


ouDi»  coohatiohis. 


m 


^] 


liiif 


tHNH 


\t] 


?J 


(1 


^laiiizodbvGoogle 


^  and  I  Rie  Coniobrini  or  Coiuobrituu 
:e  jlnutint  or  Aniitinae 


Tondi  otbar. 


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. 


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


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 

DolizodbyGoOgle 


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. 


.    ,l,z<»i:,.,G00gIf 


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 
represonring  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 


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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  adpopulam  tulU  earn  quae  Cmtnriala  Cemiliii  prima  lata  est,  NB  QUia 

MAOISTRITCS   CtVEU   RoUANtiU   ADVERSUS    FHOVOCATIOKEM    KECARET  KEVB 

VERBERjUtET,  (Cic.  do  R.  II.  31,)'  and  t)iis  law  was  always  regarded  by  the 
Romans  as  the  Magna  Charta  of  their  freedom.  It  was  subsequently  renewed, 
and  its  provisions  made  more  stringent  by  the  following  statutes :- — - 

Lex  Valeria  et  Horalia,  passed  by  L.  Valerias  Potitns,  and  M.  Horatios 
Barbatus,  when  chosen  Consuls  B.C.  440,  upon  the  abdication  of  the  Decemvirs, 
which  enacted — Ne  quia  vMum  magiilratum  sine  Provocalione  crearel:  qui 
creaisel,  evm  iut/asgue  esset  orddi:  neve  ea  caedes  capitalti  noxae haberetar 
{Liv.  III.  55.  comp.  Cic.  do  R.  II.  31.) 

Lex  Duilia,  passed  in  the  same  year  with  the  above,  by  JI.  Duilins,  Tribune 
of  the  Plelts,  which  enacted — Qui  Plthem  sine  Tribnnis  rellipiisset,  quiqxe 
maffistratum  tine  ProvocatioTie  creassel,  tergo  ae  capite  putiirelur  (Liv.  IIL 
55.) 

Lex  Valeria,  passed  by  H.  Valerius  Corvns,  when  Consul,  B.C.  300.  which 
la  noticed  hj  IJvy  (X.  9)  in  the  following  terms — Eodtm  anno  M.  Valerius 
consul  de  Provtxatione  legem  tulit,  diligentivs  lanctam.  Tertio  ea  turn  post 
rega  exactos  lata  est,  semper  afamilia  eadcn.  Causam  renovandae  saepius 
Imud  nliam  fuiste  rear,  quara  quod  plus  paucornm  opes,  quam  libertas  plebis, 
poterant.     Parcia  tamen  Lex  sola  pro  tergo  civiiim  lata  tidetur:  quod  gravi 


.  cicd*  R.II.  n  Vti  ti 


bit  tlw  HBU  Isw  whWh^TtJid  fcTtbi"  ™»Ilo"  01™""."  ™"bT  the  2'lng't'^i  h 
sSr>1uLIi1LL11LM.X.V    ViLUiVlv'l.l!'  Dlon>i°V.  I>     tooiHiiL'DliHtL 

a. » 1 1& 


330  IDDtCIA  FCBLIOl. 

poena,  si  quit  nerberatiel  necassetve  civem  Bomamtm,  laiait.  VaUria  Ltx, 
quum  eum,  5111  provocauet,  virgU  eaedi  tecariipie  necari  vrluiuet,  li  quit 
adverjtu  ta  fedatt,  niAtJ  fittra  quam  improbe  factam,  odUciL  Id  (qui  ban 
pvdor  Aomfnum  erat)  vimia,  credo,  iniiciilum  talis  validum  Ugi». 

A  Lex  Poreia,  irhose  tenor  was  aimilar  to  that  of  thoae  Tnentioiwd  above,  is 
mentioned  by  lAiy  in  Che  pauag«  juet  quoted,  and  ig  alladed  to  both  bj  Cimni  and 
SaUust. '    It  is  s;e[Krallv  believed  to  hare  been  paased  bj  P.  Pordoa  Latoa,  who 
wu  Trilnme  of  the  Plebe  B.C.  197.   The 
chief  evidence  for  auiguiag  it  to  him  is 
derived  Irom  a  denariiu,  of  which  we 
annex  a  cut,  repreeenting  on  one  Bide 
the  usual  lielmeted  head  of  Rome,  with 
the  legend  F.  LA£CA,  and  on  the  other 
an  accused  person  standing  in  a  auppli- 
«.  ant  attitude  before  a  magistrate,  beliind 

whom  is  a  Lictor  carrying  a  sword  in  one  hand  and  two  rods  in  the  other,  the 
legend  at  tlie  bottom  of  the  coin  being  PROVOCO. 

Again,  by  an  express  Law  of  the  XII  Tables,  it  was  ordained  that  no  measnra 
affecting  the  Caput  (p.l13)was  valid  unless  ratified  by  the  Comitia  Centuriata 
— De  Capile  civis  nisiper  Comiiiatum  Maximum  neferunlo. 

Even  the  power  of  imposing  a  pecuniary  fine  was  confined  within  nairow 
limits  as  early  as  B.C.  454  by  the  Lex  Alernia  Tarpeia.' 

These  restrictions  reduced  the  criujinal  judicial  powers  of  the  Consuls  and 
other  magistrates  to  nothing  in  times  of  peace  and  tranquillilj ;  but  wlien  civ3 
commotions  aroee,  and  the  liberties  of  the  people  were  endangmd  by  aeditioo  or 
rebellion,  either  a  Dictator  iraa  named  or  the  Consols  were  invested,  by  a  decree 
of  the  Senate,  with  eitraordinary  powers,  in  virtue  of  which  they  executed 
summary  justice  upon  all  offenders  without  regard  to  the  ordinary  couiae  of  legal 
procedure  (p.  183). 

CrkBiBKi  jBriidiciUn  vrike  Hcimrc — We  havo  already  stated  that  oni 
■canty  eoarces  of  information  lead  us  to  believe  that  daring  the  regal  period  the 
Kings  sat  as  judges  in  all  criminal  causes  of  moment,  assisted  by  a  Consiiimn 
composed  of  the  whole  Senate,  or  of  a  committee  of  that  body,  while  all  trials 
of  small  importance  were  referred  at  once  to  the  Senate. 

During  Uie  republic  the  Senate  appear  to  hive  possessed  no  regular  independent 
jnriadictioD  whatsoever  in  criminal  causes  in  so  far  as  Soman  citizens  were  con- 
asmed,  tlio  right  of  judging  in  all  such  matters  being  vested  exclusively  in  the 
popular  asKmbliei.  In  times  of  great  alarm,  indeed,  when  the  state  was 
threatened  with  destruction  from  internal  treachery,  the  Senate,  In  conjunction 
with  theConsala,  assumed  the  right  of  adopting  whatever  measnree  they  thought 
necessary  for  the  security  of  the  public,  and  of  inflicting  summaiy  punishment 
upon  those  by  whom  it  was  endangered.  Of  this  we  have  conspicuous  examples 
in  the  proceedings  against  the  Gracchi,  and  against  the  conspirators  associated 
ivith  Catiline ;  but  such  measures  were  viewed  with  great  jealous<r,  as  involving 
a  dangerous  and  unconstitutional  stretch  of  power,  to  be  justified  only  by  the 
last  necessity ;  while  all  parties  concerned  incurred  a  heav^  responsibili^,  and 
were  liable  to  be  called  to  account  before  the  people  at  a  subsequent  period,  as 

1  Slllntt.  CmL  $1.  Clo.  pro  SiMr.  i.  i.  In  Vrrr.  V.  ty  In  thMF  Uim  |»HUH  a«» 
WMktorUw  Ltl  Punia  la  a>t  ■liiRiilir  nombiri  bat  in  d>  R.  II.  :i[.  iftn  ipokdia  of  S)l* 


.'.oogle 


nnucu  rvfiuoA.  331 

happHwd  to  CicRRi,  mltboagh  at  tbe  moment  or  peiil  all  parties  acknowledgid 
tluU  Rome  had  been  pieeerved  from  imminent  liaxaid  by  his  prompt  deciuon. 

Occanionallj,  atu,  crimss  were  committed  wbidi  appeared  to  be  (tamped  ttUh 
a  cbaiacter  «o  strange  and  awToI,  tbat  a  departure  from  ordinary  formi  was 
deemed  reqniaite,  and  the  Senate,  irich  the  consent  of  ill  danes,  undertook  to 
mvesligate  or  to  order  the  investigation  of  the  offences  and  to  pnnish  the  guilty. 
or  this  description  irere  the  poisonings  recorded  hj  lAvj  as  having  taken  place 
in  B.C.  3S1,  irhen  one  ban^«d  aad  eevenij  malioiu  neie  foaid  gnilty,  iiid  an 
occumiQce  of  a  similar  nature  in  B.C.  180. ' 

Bnt  altbongfa  the  Senate,  under  onliaatj  cireamstanoec,  poasessed  no  criminal 
jurisdiction  over  Roman  citizens,  it  formed  the  regular  court  for  Che  trial  and 
panialiment  of  Mate  orimes,  such  as  treachery  or  iosuirecdon,  committed  by  the 
allies, '  and  sometimes  took  cognizance  of  crimes  of  a  private  nature,  such  as 
mnrdera  and  poiaoninga,*  although  these  and  lesser  ofTences  were  uioally  disposed 
of  by  local  tribnoala. 

It  has  been  stated  by  some  authors  that  tbe  Senate  inquired  into  cbirges  of 
oppressioD  preferred  against  Provincial  Governors  or  military  commanders,  and 
punished  the  guilty.  But  although  the  Senate  waa  the  body  to  which  such 
compluDta  were  probably  addressed  by  foreign  ambassadors,  it  does  not  appear 
tbat  tbe  members  ever  arrogated  to  themselves  tbe  functions  of  judges.  The 
example  ohieQy  relied  on— that  of  Pleminius  (Liv.  XXIX.  16) — does  not  bear 
out  such  an  assertion,  and  the  drcumstaoces  were  altogether  special. 

CrtKiiul  jBriadictiwi  cf  the  t;*Blila. — At  the  commencement  of  the 
npublic  the  popular  assemblies  appear  to  have  performed  tbe  functions  of  a  court 
of  justice  in  those  cases  only  where  an  appeal  was  made  from  the  sentence  of  a 
magistrate.  But  while  the  power  of  tbe  magistrates,  when  acting  as  criminal 
judges,  was  always  viewed  with  great  and  Doostantly  increasing  jealousy,  and 
beoams  more  and  more  restricted  by  tbe  enactment  of  successive  laws,  so,  in  like 
degreo,  the  direct  jurisdiction  of  the  Comitia  was  more  distinctly  recognised,  tilt 
at  length  they  bet^e  the  regular  and  ordioaty  courts  for  the  investigation  and 
punishment  of  all  the  more  serious  crimes.  Throwing  out  of  ainsiderstion  the 
Comitia  Cnriata,  Co  whidi  an  appeal  wss  made  in  the  case  of  Horatius,  bnt 
which,  even  before  the  expulsion  of  the  Kings,  had  ceased  to  lake  cognizance  of 
matters  affecting  the  community  at  large,  we  find  that  both  tbe  Comitia  Cen- 
tnriata  and  the  Comitia  Tribnta  acted  as  supreme  courts  of  criminal  judicature. 
The  Comitia  Tribnta  urigiiuilly  claimed  tbe  right  of  sitting  in  judgment  upon 
those  offences  ouly  wliich  nero  regarded  as  infriugements  of  the  rights  and 
privileges  of  the  Plebs  as  an  order ;  but  as  the  power  of  the  Plebs  increased, 
and  their  Tribunes  grew  more  bold  and  grasping,  disputes  and  collisions  most 
have  constantly  taken  place  between  tbe  two  aseembliea,  bad  not  the  Laws  of 
the  XII  Tablea  expressly  ordained  that  no  citizen  could  be  tried  for  any  offence 
involving  his  Caput  (p.  113)  except  by  the  Comiliatus  ilaximm,  that  is  tbe 
Comitia  Centuriala.  At  the  same  time  the  jurisdiction  of  tbe  Comitia  Tributa 
WIS  extended  to  embrace  all  causes  for  which  the  penalty  was  a  pecuniary  fine 
only,  even  altbongh  not  bearing  directly  upon  the  interests  of  the  Plebs  (p.  io7}. 

Notwithstanding  the  positive  injunction  contained  in  the  Code  of  the  XII 
TaUaa,   it  seems   pnbule,  that,   after  harmony  was   completely  eMablisbed 

K  z.  I.  zzvta  la  xzml  w  xxxn.  m. 


,l,;<,i:..,  Google 


332  itiDicu  rimucA. 

bctwteo  the  two  orden  in  tho  slate,  the  jiiTiad[ction  oT  the  Comitii  Tribntm  mi 
oocuionallj  retorted  to,  with  the  consent  ot  Hie  Senate  and  the  parties  iDtertrted, 
even  in  cases  which  did  not  properly  full  under  its  control,  in  canwqaencc  of  thi 
greater  radliiies  iflorded  for  anoimonbg  and  holding-  that  asscmbl;;  but  Che 
expresNans  of  tho  ckaeical  writers  arc  not  so  precise  an  to  enable  us  to  speak 
with  eonfidenee  upon  this  pomL 

Form  of  Procedure  in  Criminal  Trials  ht/Tre  the  Comitia.—'So  one  oould 
act  as  tu>  aecnser  except  a  magistrate  who  had  the  right  of  holding  the  Comitia 
before  which  the  charge  wai  to  be  tried ;  and  no  one  coald  be  brought  to  trial 
while  holding  any  of  tho  higher  offices  of  state.  The  magistrate  who  bad 
resolved  to  Impeach  a  eitiicn,  gave  public  notice  of  his  intention  in  a  Concio, 
and  named  the  day  on  which  he  would  anmmon  the  Comi^a  for  the  purpose  of 
inetituting  proccodings — hence  the  phrase  IHtm  dicere  alieui  signifies  to  givt 
formal  notict  of  an  imptachmtnt. 

IFeaowhile  the  accused  was  thrown  into  prison,  unless  he  coald  find  mretki 
(yadni)  for  hia  appearance  on  the  day  fixed.  This  point  is  said  to  have  been 
firat  settled  when  Qubctina  Kaeso  was  impeached  of  murder,  by  A.  Virginitis,  a 
Tribnnc  of  the  Ph:ba  (B.C.  4C1.)  Virginius  insisted  that  he  should  he  kept  in 
Iranda  until  tho  day  of  trial ;  but  the  College  of  Tribunes,  when  appealed  to, 
decided  that  the  accused  most  be  forthcoming  at  the  appointed  time,  (listi  reum,) 
and  tliat  bail  must  be  given  for  his  appearance;  (jKcimiarnqne,  nui  satattiT, 
populo  promiui ;)  and  it  was  fixed  that  ten  sureties  must  be  found,  (yades  dare 

Cuii;  decern  Jinierunl:  tot  radibiis  accuaalor  vadaliis  esl  reiim,)  eacliof  whom 
mo  bound  for  three  thousand  pounds  of  copjwr.  Livj-  concludes  his  narrative 
(III.  13)  by  stilting — Hie  primal  lades  publicos  dedit. 

^Vhcii  tlie  day  fixed  arrived,  the  accuser  staled  the  charge,  examined  wit- 
ncescs,  and  adduced  other  evidence  in  proot  This  portion  of  the  procedure  wh 
termed  Anquisitto,  (Varro  L.L.  VI.  §  90,)  aud  according  as  the  chai^  whlcb 
tlie  accuser  soa^t  to  establish  was  one  which  involved  the  Caput  of  the  accosed, 
or  merely  a  pecuniary  fine,  lie  was  said,  in  the  one  case,  capite  s.  capitis 
anquirere,  in  the  other,  pecunia  anqairere. '  Sometimes,  when  the  investiga- 
tion liad  been  commenced  with  reference  to  a  capital  charge,  the  accuser  departed 
from  this,  and  was  content  to  prosecute  for  a  fine — In  malta  temptrarunt 
trihuni,  qjima  capitis  anqaisisscnt :  duo  miUia  aerii  damnato  mtUtam  tlixemnt, 
(Liv.  II.  52,)  and,  vice  versa,  we  find — Quum  Tribunus  bit  pecunia  anqui- 
tisset,  lerlio  capitis  se  anquirere  diceret  ....  (Liv.  XXVI.  3.  comp.  VIII. 
33.) 

'When  the  Anqvisitio  wu  concluded,  the  magistrate  then  brongbt  in  a  bill 
(Rogatio)  ordaining  the  infliction  of  certain  penalties  on  the  accnsed,  and 
tills  Rnffalio  was  published,  discassed,  and  accepted  or  rejected,  as  the  cue 
might  be,  with  all  the  formalities  required  in  submitting  any  ordinary  legislative 
measure  to  the  Comttia.  Hence  the  phrases  Irrogare  mullam — poenam — 
suppUdum  alieui. 

trinlBiiI  Jarindlcilaa  sf  QbuhIiotu. — Althongh  the  Coiniiia  possessed 
the  tmqncstionable  right  of  acting  as  a  supreme  court  in  all  criminni  cantes 
affecting  Roman  citizens,  it  must  soon  have  become  evident  that  it  was  highly 
! :._.^  j^ij  fn^gntly  impossible,  for  a  popular "■'"  '" ' —  "''" 


I  0«!»lani1lj  aHfaim 


IDDICU  FOBUCA.  883 

the  details  of  a  oomplicaled  ohsrge,  and  to  sift  and  weigh  a  taut  of  conliued 
and  conLndictoiy  eridence.  Hence,  (ram  an  early  period  it  became  common  Tor 
the  Comitia  to  delegate  their  power  to  one  or  more  pctBODi,  who  acted  as  judges, 
and  vrcre  entitled  Quaesitora  or  Quaatores,  tlie  inTestigntion  or  trial  ]iaog 
termed  Quaettio;  and  hence  the  phrases — Quaationi praejicere — QuaetR'onein 
txtreert — Quoetftoneni  habere — employed  in  relation  to  those  who  conrerred 
and  to  thoM  who  exereleed  this  authorit/.  Sucli  an  appointment  is  specially 
mentioned  for  the  Ent  time  in  B.C.  413,  (Liv.  IV,  51,)  when  the  Comitia 
Trihnta,  at  the  request  of  the  Senate,  and  with  the  consent  of  the  Comitia 
Centuriata.  nominated  a  commission  to  inquire  into  the  marder  of  Poslnmius  bj 
his  own  soldiers,  and  in  this  instance  the  Consuls  were  tlie  Commiesionen. 

By  degrees,  as  the  population  increased,  and  criminal  trials  hecame  more 
nnmeroos,  the  Comitia  very  rately  exercised  their  judicial  functions  directly,  and 
the  great  majority  of  criminal  trials  were  conducted  under  the  presidency  of 


There  are  several  pomts  cormected  with  these  officials  to  wliicli  we  must  pav 
particalar  attention — 

1.  The  jodioia)  Quaemtor  or  Quaalor  must  he  carefully  distinguished  from 
the  QuatslorM,  who  acted  as  Commissioners  of  the  Treasury-.  The  latter  deno- 
minated, by  way  of  distinction,  Qaaestoret  Aerarii,  were  rcEular  ordinary 
magistrates,  call^  upon  to  discharge  a  routine  of  duties,  and  elected  every  year. 
The  ibrmer,  the  judicial  Qaattlores,  were  appointed  specially  for  the  purpose  of 
presiding  at  a  particular  trial,  they  possessed  no  powers  beyond,  and  fi  soon  as 
tills  dnty  was  discharged,  their  authority  ceased.  The  Qiiaulionts  ncre  Spe(nal 
QnamiaioTa,  the  Quaatorei  were  the  Special  Commissionri\i. 

2.  The  judicial  Quaalor  acted  as  a  Judge,  and  was  uaifonnly  assisted  by  a 
Consilium  or  body  of  aseesson  resembling,  in  many  respects,  a  modem  Jury. 
This  CoTuilium,  np  to  the  passing  of  the  Lex  Sempronta,  in  B.C.  122,  consisted 
of  Senators  exclusively.  How  far  the  power  of  the  Consilium  may  have  extended 
in  early  lime*  is  unlmown ;  hut  there  is  DO  doabt  that  it  (he  period  when  the 
above  law  was  passed  a  majority  of  their  number  could  condemn  or  acquit  the 
accused  person  withont  reference  to  the  opinion  of  the  Quaestor. 

3.  The  Quaestor  hdng  the  delegated  representative  of  the  people,  the  sentence 
passed  in  his  ooort  was  final. 

4.  Althongh  the  Commisuon  nominated  in  B.C.  41S  is  the  6rtt  example 
which  can  be  fairly  regarded  as  historical,  we  find  traces  of  a  similar  usage  frooi 
tlM  most  remote  ages.  Thus,  the  -Duumi^'  i^pointed  by  Tullus  Hostilius  for  the 
trial  of  Horatius,  were  a  specie*  of  judicial  Quaeilora,  and  the  Quauloref 
Parricidii,  mentioned  in  Faulus  Diooonus,  were  probably  instituted  at  a  Tery 
early  epoch — Parrici  ^aeslorei  appeUabanttcr,  qui  loldianl  creari  causa 
rerum  capitalium  quaerendar 


5.  Since  the  Quaestorei  were  the  represeatatives  of  the  people,  we  cannot 
doubt  that  they  must  have  been  Qnirormly  elected  h^  the  Comitia,  a*  in  the  casci 
already  cited ;  bat  the  manner  in  which  the  CotuiUtan  was  chosen  in  the  earlier 
ages  is  qnite  onknown. 

6.  When  the  Senate  had  jnrisdicikin,  th«  also  usually  appcunted  a  Quaetilor 
ont  of  tbar  own  body;  and  at  time*  we  find  a  resolution  paned  in  the  Cnnitia 
eajdning  the  Senate  to  ^mnnt  Commismnner*  (br  the  investigatioa  of  oertain 
acta  allied  to  b«  oriminaL  ' 

I  Psal.  Plaa.  ».t.  Ptniit  Qm-lfm,  p.  Ml.  mnip.  V«m>  L.L.  V.  |  »1. 1^.  daHs«.LM 
;  Bm  Ut.  ZXZVUL  H.  XLU.  1L 


nMHiiltoit  sr  Ibe  ^Bi 


RTDicu  rtmuck. 


the  plan  of  appoindng  a  Specif  CommUuDn  lo  trf  eaefa  a 
more  inoonTeiiieiit  and  embamtwng.  Hence  tbe  idea  nainraUj  anggeeted  iudf 
of  appointing  Standing  Commuitioni  fortrjing  those  accosed  of  the  crimes  which 
were  of  the  moet  linquent  ooeorreDce.  The  first  st^  tovrards  thia  new  (urange- 
ment  wat  made  by  L.  Calpumius  Piso,  a  Tribune  of  the  Pleba,  who,  in  B.C. 
149,  passed  a  law  (De  Beptttatdii)  to  chedi  tbe  oj^resaion  of  Provincial 
Governors,  one  of  the  proTtaioos  being  thai  a  Commisuon  should  be  established 
to  sit  peraitmeRtl^  throug^ut  tbe  ^'ear  for  the  heiriog  of  all  char^  prefnrcd 
under  that  law. '  The  eiperiment  was  found  to  work  so  well  that  from  time  to 
time  new  lawa  were  passed,  by  whidi  new  Coorta  or  Commissiotit  of  a  eimiUr 
description  were  instituted  for  the  inTeatlgatiou  of  different  offences,  until  at 
length  the  system  was  broug;ht  into  general  in>eration  bj  a  Lex  ComeUa  of 
Sulla.  From  that  time  forward  until  the  fin^  establishment  of  the  imperial 
goremment,  the  Joiisdiction  of  all  other  ooorts  in  criminal  prosecutions  was,  in  a 
great  measure,  anpetaeded,  and  the  whole  of  tbe  ordinary  crinunal  bnsinesi  n-aa 
conducted  br  Standing  Commiaaions,  and  these  Commiuions  or  Courtt  yren 
disibgoisbed  as  the  Qua£Stiones  Pbbpbtuak. 

With  regard  to  these,  it  must  be  remarked — 

1.  That  each  eonrt  or  Qaaettio  took  cogniunoe  of  one  daaa  of  o&taeea  oaVf. 
Thus,  there  was  a  Quaealio  Perpelua,  wbicb  was  oocofned  ezclnsiTdy  with  casee 
connected  with  the  miegovemment  or  oppresaon  of  the  Provinciala,  (De  Repe- 
ttmdis,')  another  with  embenlcmait  of  the  public  money,  (De  Pecuiatu,)  BDOthn' 
withbriberyou  diepartof  tfaeoandidateefbr  paUiooffieea,  (Z>e  ^mUAi,)  another 
with  violations  of  the  dignity  of  the  imperial  people,  (JDt  MaiataU,)  and  ao 
fi>rth. 

3.  Althotigti  these  Conrti  were  permanent,  tiiey  were  viewed  exactly  in  dn 
nme  light  as  the  former  Spetual  CommtBuona,  and  were  r^aided  aa  eierciaing 
power  directly  delegated  to  them  by  the  people.  Hie  anpreme  jnrisdiction  of 
tbe  Comitia  Ccnturiata  was  still  Mly  recognised  in  principle,  and  the  laaembltea 
of  tbe  people  were  still  called  together  for  tbe  purpose  of  holding  trials  orfor  tho 
tqipointnuHit  of  Bpedal  Commissions  in  all  eitraordinaij  cases,  for  which  no 
proviuon  had  been  made  in  the  laws  eetablishing  the   Quaettiona  Perpetwu, 

3.  It  wBi  no  longer  neceaeary  that  a  magiatrUe  afaonld  act  aa  the  aocuaer ; 
any  citizen  might  now  come  forward  and  proer  a  ohai^ 

4.  Each  Qjaaettio  waa  eatablisbed  by  a  separate  law,  and  all  the  pneeedinga 
in  each  Cotirt  wen  regulated  by  the  terms  of  the  law  under  wbicb  its  ^t^gs 
were  held,  and  these  prooeedings  ware,  tnta  time  to  time,  mo^ed  or  altogether 
changed  by  new  lawa. 

5.  Hence,  there  was  no  general  form  of  prooedttre  applicable  to  all  the  Conils 
alike ;  and  although  we  may  be  able  to  ascertain  the  detaili  i^  a  proceea  in  ona 
Court,  in  that  for  trying  caaaea  i)e  ^mMti,  for  example,  atone  particular  period, 
we  cannot  infer  that  the  same  fbrmslities  were  obserred  at  the  same  period  in 
tiTiog  cases  Dt  MaiataU  or  Be  Repetiaidia,  or  at  a  diffoent  pmod  in  trying 
caaea  De  Ambitu. 

6.  Them  waa,  bowerer,  one  general  prindple  applicaUe  to  all  without  cxoep- 
tku — every  oaae  submitted  to  a  Qaueafio  Perprtaa  was  tried  by  a  Judge  and  a 
Joiy.     The  dnl/  of  tbe  Jadge  was  to  preside  and  to  regulate  the  pi 

1  0I«.  Bnt.  IT.  ••  OB.  II.  II.  In  Vnr.  tlL 


.  Cooglf 


tniMof  tlie  Uirimda' which  h«  acted.     Tfa«  daty  of  the  Jnij  ms,  aftv  bearing 

thi  pleading!  and  ths  evidence,  to  prononnce  npn  the  guilt  or  innooeooe  of  tM 

7.  In  addition  to  thii  genenl  principle,  we  bftve  eferf  leuoa  to  believe  that 
the  ordinuy  oouna  of  praoedure  wu  lin^lar  in  the  different  Coarta,  and  that 
man;  forma  were  common  to  all,  although  etch  had  its  peenliarities ;  and  we 
know  that,  Iroin  time  to  time,  Lege*  ludiciariae  were  pa«ed  for  the  itgolation 
of  the  Gonna,  and  that  theae  were  applicable  to  all. 

8.  The  genera]  name  for  the  Judge  waa  QuoMtor  or  Qudcifor:  the  Jury  u  a 
bod;'  wu  termed  CoTuilium :  the  individnala  who  oompoied  the  Jnrf  wen  the 
Ivdiea.  It  must  be  c«rethlly  remained  bj  the  young  Bcbolar  that  wherever  the 
word  ludiett  oocuia  in  the  ploral  in  any  phra«e  relating  to  a  criminal  trial,  it 
moit  always  be  reodend  into  Englteh  by  the  word  Jury  or  Jurors,  never  by 
Judges.  In  Civil  Suita,  as  we  have  seen  above,  luiUx  denotes  an  umpire  or 
arbiter,  that  is,  in  reality,  a  Juij  composed  of  one  individual :  in  criminal  trials 
the  piending  Jndge  or  Quaesilor  was,  in  certain  cases,  named  ludex  Quaa- 
(unit ;  bnt  this  is  a  epedal  technicality,  which  will  bo  illustrated  below. 

Thaae  things  being  premised,  we  abaU  proceed  to  Etate  what  onr  anlboritiea 
enable  ns  to  ascertain  with  regard — 1.  To  the  Judge  and  Jury,  and,  2.  To  ths 
ordinary  course  of  prooedture ;  and  we  shall  conclude  with  a  short  aoconnt  of  ths 
mott  important  of  those  orimea  which  fonned  the  enl^ecCs  of  Investigation  in  the 
oriminal  courts. 

VnaMlBS  JisJim  1b  ibe  diMnUaBaa  Perpcnao. — In  the  eariier  Quae*- 
ttOMS  or  Spedal  Commiasielis,  the  Judge  or  Quae*ilor  wa«  nominated  by'the 
people,  in  their  Comido,  and  any  one,  without  restriction,  might  be  appoiutcd 
at  UiNT  pleasure.  After  the  institution  of  the  Quaationes  Perptluae,  Uie  case 
was  altered.     The  predding  Jndge  was  now  either — 

1.  One  of  the  Prattora,  or,  2.  An  officer  dcnominnied  ladex  QtaationU. 

1.  At  the  period  when  the  first  Quatttio  Perpelua  was  instituted  by  the 
passing  of  the  Ltx  Calpumia  de  Bepetundis,  there  were  six  Praetors.  The 
iVoefor  Urbanu*  and  tiia  Praetor  Peregrimia  remained  in  the  dtj  during  their 
year  of  office  and  presided  in  the  Civil  Comets,  the  remaining  four  acted  as  the 
i^vinoial  Govemon  of  Sicily,  Saiditiia,  and  the  twoSpains.  Upon' the  passing 
of  the  Lex  Calpumia,  the  duty  of  presiding  in  the  Court  for  trying  cases  De 
Sepelundi* -wta  assigned  to  the  Praetor  Pertgruaa;^  but  as  legal  business, 
both  dvil  and  criminal,  rapidly  increased,  and  new  Quaetlione*  Perpetaae  were 
ettablisbed,  the  Praetor  Urbanu*  and  the  Praetor  Peregrima  were  obliged  to 
give  Ihewliale  of  tbMr  attention  to  Civil  Stuu,  while  the  four  lemiuning  Ftaelors 
were  retained  in  the  city  during  their  year  of  office,  in  order  that  they  might  act 
BsJndgea  in  the  new  Criminal  Courts,  Huddidnot  proceed  to  their  Provinces  until 
tbeir  year  of  serrice  in  the  dty  bad  exphed.  When  the  Ciimioal  Code  was 
remodelled  by  Sulla,  and  the  Dumber  of  Qaaattonet  Perpeluae  incnased,  it  was 
Jhond  iiecessar7  to  increase  the  number  of  Praetors  also,  which  was  now  ang- 
moited  to  eight,  so  that  six  were  left  free  to  act  as  Criminal  Judges,  and  these 
divided  the  duties  of  the  different  Courts  among  each  other  hj  lot,  and,  when 
spoken  of  in  their  judicial  capacity,  were  asually  named  Quoehfores:* 

2.  But  towaidi  the  dose  of  the  republic,  the  increase  in  crimioa)  bnuneu  was 
to  great,  that  evm  thia  additioual  number  of  IVaaion  proved  insulBtf  mt  for  the 


[  tm  Klon.  FrigiM.  !■(.  BtrtiL  f.  t 


irraL^^.  ) SI. 


Ftson.  IB.  pn  MDso.  I\    Oist  p«t.  r* 


33ti  lUDtCtX  JTBLICA. 

woric,  and  it  became  ncceuaiy  lo  oppcnot  roppleroeDtMj'  Judgw,  each  of  whom 
wai  called  a  luiUx  Quaalionis. 

All  detailed  informstioQ  iriili  regard  to  these  penonage*  ii  eitremdj  deficient: 
but  oar  authorities  enable  lu  lo  aaiert  tiiat  a  Judex  Qaaeilionii  ttu  tbe  Bupretm 
Judge  in  the  cooit  in  wliicli  he  sat,  and,  for  Ihe  time  being,  enjoyed  the  fnH 
aulhoritj  of  an  ordiiuuy  Praetor.  This  is  proved  iy  the  account!  preserved  of  the 
tiiat  of  Oppianicns,  and  of  Ihe  trial  of  Cluentius,  in  the  fanner  of  which  a  certain 
C.  Juniua,  and  in  the  latter  a  Q.  Voconius  Nam,  acted  aa  ludex  Quaestionis. 
Vie  koow,  moreover,  that  a  Judex  Quaestionis  wai  not  held  to  be  an  ordinarr 
magiatnkte,  for  he  could  himself  be  brought  lo  trial  befbre  the  close  of  the  year 
in  llie  course  of  wliich  lie  served;  ond  when  about  to  preside  at  a  trial,  he  wat 
obliged  to  take  an  oaUi  like  an  onlinary  Juiyman,  a  form  from  which  a  Praetor 
iraa  exempted.'  Bnt  whether  each  Praetor  had  a  Judtx  Quaeslionii  attached  lo 
bim  during  Jiis  year  of  office,  to  vihom,  as  his  deputy,  he  might  make  over  the 
bnainees  which  he  hiiDBclf  was  unable  to  overtake ;  or  whether  a  Judex  Quaa- 
tionu  had  a  particular  department  set  aalde  for  him  in  Ihe  criminal  courts  alto- 
gether independent  of  any  particuUr  Praetor;  or  whether  a  Judex  Quaeitionit 
was  nominated  specially  for  a  parlicular  trial ;  vrhetlier  the  appointment,  accord- 
ing to  any  of  the  above  suppositiona,  was  made  by  the  people  or  by  the  Freeton 
themselves,  and  what  the  qualifications  may  hare  been  for  holding  the  office,  an 
questions  to  whldi  no  saliafactor)'  reply  can  be  offered.  In  referenoe  to  the  last 
point,  two  individuals  are  mcntioued  as  having  held  this  office,  both  of  whom 
are  stated  to  have  been  previously  Acdlles,  and  a  third  subsequently  became  a 
Praetor ;  but  no  induction  from  such  a  limited  number  of  beta  can  be  condu- 

The  ladlcu  np  laron  !■  Iks  QuBrtlaiiM  Pcrpauuw. — Thodoljof  tba 

presiding  Judge  io  one  of  the  Quaeitionei  Perpeluae  was  merely  that  of  m 
enpcrioiendent,  who  was  hound  loseethat  the  proraions of  tha  law nnder  wblefa 
the  trial  took  place  were  strictly  complied  with,  but  who  exercised  no  direct 
influence  upon  Ilio  final  result  of  the  trial.  He  might  unqaestionablj  take 
advantage  of  technical  formalities  to  aid  or  embarraai  one  or  other  of  the  patties; 
and  this  will  account  for  the  exhortations  to  impartiality  so  often  addressed  to 
tlie  Judge  in  the  orations  of  Cicero;  or  if  recklessly  corrupt,  he  might,  at  hia 
own  peril,  make  a  false  dcdaration  of  the  slate  of  the  votes  riven  by  ballot;  but 
he  was  not  able,  in  the  fair  exercise  of  his  fimcUons,  to  influence  the  dcdsicn, 
which  reated  entinil^  with  the  ludica.  Beoce  the  power  possessed  bj  those 
who  acted  aa  ludicta  was  necessarily  veij  great,  and  was  oden  abused  for 
party  purposes.  Some  of  the  most  serious  internal  dissenEions  during  the  last 
ccnturj'  of  the  republic  were  chjsciy  connected  with  theoonleata  between  difl'DCnt 
ordeiain  the  ilMe  for  the  privilege  of  actmgas  Jndica;  and  the  differmt  Ltge* 
Judiciariae  relating  to  this  point  wen  a  sonice  of  great  and  freqaently  renewed 


CUoM  of  ptnom  from  ichkh  tit  Judica  vert  c&omh.— From  the  earlie«t 
iwriod  until  the  time  of  the  Gracchi,  the  Conn^'um  in  all  Criminal  Trials, 
whether  held  before  Spedal  Commissions,  <»'  Qwaestiimu  Perpetuae,  bad  been 
composed  excluuvely  of  Senators.  But  in  B.C.  122,  the  Lex  &nipronta  /lufi- 
eiaria  of  C.  Gracchus  was  passed,  in  terms  of  which  the  JtuHda,  that  is  Ae 
right  of  acting  as  juror*  an  erimiaal  trial*,  were  transferred  from  the  Seoata 


U>  the  EqneBtrian  Order,  which,  in  &ct,  Gnt  icceiveil  a  deSnite  tana  b  ooni^ 
qneiice  i^  tliii  ordin&nce.' 

AfUr  ihc  death  or  C  Gruchua,  tli<i  Senate  made  slrenuoiu  efTorta  to  nocncr 
the  privilege  or  which  thej  had  been  deprived  ;  and  varioua  lawi  were  bronght 
fbrwaid  by  the  rqircscntatives  of  diffensnt  parties,  vbose  object  was  to  reroM, 
OHiiinn,  or  modi^r  the  proriiiona  of  the  Lex  Sempronia.  Snch  were  the  Lex 
SerrUia  (B.C.  106)  oT  Q.  Servilitu  Caeplo,  iy  which  the  ludieia  were  to  be 
reslored  to  the  Senate ;  the  Lex  SeriiUia  of  C.  Serriliiu  Olaucia,  bj  wbtoh  the 
provieioni  of  the  Lex  Sempronia  against  Senalon  were  nndered  more  stringent; 
the  Lex  Linia  (B.C.  91)  of  M.  LiTiiuDraaiu,  which  endeavoured  to  bring  about 
A  oompromise  between  the  Senate  and  the  Equestrian  Order;  and  the  Lex 
/>IauIia(B.C.  89}of  M.  llauLliu  Silvanus,  whicbpropotcdtliat  the  people  ihould, 
each  year,  nominate  fifteen  ludicti  out  of  each  tribe,  irithout  reference  to  Ihe 
Tact  of  their. being  Seoaton,  membenofthe  Equestrian  Order,  or  umple  citizens.* 
But  these  laws,  if  the/  ever  aeloally  came  into  operation,  remained  in  foroe 
for  a  very  brief  period,  and  the  Indicia  remained  in  the  bands  of  the  Equestrian 
Older  for  forty-two  years,  until  Solla,  following  out  his  deliberate  schame  of 
increasing  by  all  means  the  induenoe  of  the  Opiimatet,  lealored,  in  B.C.  81,  the 
state  of  things  which  existed  before  the  passing  of  the  Lex  Sempronia,  giving 
badi  the  ludicia  to  the  Senate.* 

The  reaction  which  inunedialelv  followed  tlie  death  of  the  IKctator,  rendered 
a  continuance  of  this  exclusive  privilege  impossible ;  and  accordiiwlj  in  B.C.  70, 
the  Lex  Aurelia  of  L.  AnreliuB  Cotta,  one  of  the  Piuetors  of  that  year,  wia 
paved,  ordaining  that  the  Indicei  were  to  be  selected  from  tliree  bodies  or 
orden  in  the  state — the  Senatus,  the  Ordo  Equaier,  nnd  tiic  Tribuni  Aerarii, 
(p.  26i,)  each  order  forming  a  Deeuria.* 

By  the  Lex  Pompeia,  paued  by  Pompeius  Magnus  in  his  recond  consolsliip, 
B.C.  05,  the  ludices  contmued  to  be  chosen  from  the  three  orders  named  in  the 
Lex  Aurelia,  but  the  most  wealthy  only  were  eligible;  and  by  the  Lex  lulia 
of  Caesar,  passed  B.C.  46,  the  'J'rihuni  Aerarii  were  excluded.  Antoiuuf,  after 
the  death  of  Caesai,  endeavoured  to  render  the  constitution  of  the  body  more 
democratic  than  ever,  by  the  admission  of  legionary  soldiers ;  but  his  enactmoita 
remained  in  force  for  a  very  limited  space.  Finally,  AugnsCiu  restored  the  three 
Decuriae  of  the  Aureliaa  law,  and  added  a  fourth  from  the  humbler  classes  of 
the  commnnity,  while  a  fifth  Deeuria  was  introduced  by  Caligula;  bat  befora 
that  period,  the  importanoe  of  the  office  had  passed  away.' 

Qualifieation  as  to  Age. — So  long  as  the  Indicia  remained  in  the  bands  of 
the  Seiale,  no  regulations  were  necessary  upon  this  head ;  bat  when  other  ordcn 
were  admitted,  certain  restrictions  were  introduced.  By  the  Lex  Semiiia,  no 
one  could  act  aa  a  Index  under  the  age  of  thirty,  or  above  the  age  of  sixty; 
and  this  regulation  seems  to  have  continued  b  force  until  Augustus  reduced  IM 
legal  age  to  twenty-five.* 

Di^uaiijKations  for  the  Office. — No  one  oonld  act  as  a  ladtx  who  was 
mvested  with  any  of  the  higher  olBcos  of  the  State,  or  who  did  not  Uve  in  Boms 


388  oDMCuruHUB*. 

m  Uit  iBincdijCa  tmb!^  ;  oor  inj  one  vho  had  anr  bean  (bund  gniltj  of  ai^ 
oharee  affectine  hi*  5{aAu  sa  a  Cieia  Somamu  apHmomre} 

Number  o/Iudka. — On  th«  fint  imtitntion  of  the  Quaationa  Perpetuate 
it  would  appeal  that  a  c«rt^  number  of  ludiea  were  appointed  each  year  for 
«ach  Quaeilio,  oat  of  which  tba  proper  number  for  each  tnal — and  this  number 
appear*  alwaja  to  have  been  fixed  by  the  law  nnder  which  iha  trial  waa  hdd — 
wu  selected.  That,  &om  the  (ragmenU  which  have  been  prewrved  of  the  Let 
Servilia  de  Repetmdis,  we  know  that,  460  ludica  were  nominated  yearij  to 
terre  on  the  Qaaa&t  de  RepeluadU.  But  when  the  Qtuieslitmet  Perpetiiae 
gradnallj  embraced  ahnoet  all  crimina)  causea,  il  would  appeaT  that  a  certain 
number  of  ludicet  were  selected  for  the  whole,  and  Bobsequentlj  diitribatad 
amoog  the  different  QuaatioTiet.  Thus  the  niunber  fixed  by  the  Lex  Lima 
wai  600;  bj  Hm  Lex  Plaatia  526  {being  15  out  of  each  tribe,)  nnleaaweaup- 

CwJth  eome  writera,  that  thia  number  was  choaen  for  each  Quaeitio.  Va 
no  farther  informatioa  until  the  time  of  Auguatoa,  when  the  nuoaber  naa 
about  4000.  On  the  occauonofHllo'*  trial,  860  Jucf>M«wereaet  apart-,  andit 
^peari  to  have  bees  tlie  intention  of  Fompelna  to  appropriate  thia  Dumber  fir 
each  Qaaettio;  but  it  ia  well  known  that  the  changes  in  the  oriroiiuil  law  intn>- 
dnoad  bj  him  remained  in  Jbrce  for  a  very  ahorC  time  only.* 

Manner  of  choosing  the  ludicei. — lo  ivliat  manner  the  ludicet  were  choaen 
anDoally  out  of  the  qoalified  claasee,  ia  a  matter  involved  in  mucb  obacurity.  So 
kmg  aa  a  fixed  ntunber  wa*  set  aiptit  for  each  Quaettio,  it  would  appear  that  the 
Praetor,  or  ladex  Quaeitionii,  who  presided  over  that  Quaatio,  ohoee  whom  he 
thought  fit ;  at  least  this  was  the  ease  under  the  Lex  Sennlia  de  Repelandu,  in 
whicD  the  Praetor  Peregrimta  ia  enjoined  to  select  450.  After  the  ludicet  for 
the  whole  of  the  Quaestiones  Perpetuat  were  chosen  {□  a  mass,  we  infer,  from 
a  passage  in  Cicero,  tliai  the  duty  devolved  upon  the  Praetor  Urbanus,  who 
aeleeted,  upon  oatb  (iuratus,)  the  peraons  whom  he  deemed  best  qualified, 
although  it  would  seem  from  the  woi^a  of  Dion  Caasina,  that  the  Quaeiilar,  in 
tome  instance*,  chooe  them  by  bt.  The  list  of  ladices  for  the  year,  however 
dKMen,  was  termed  AVmm  ludieum,  and  the  individual*  incloded  is  thia  liat, 
Indices  Selecd.' 

Decuriae  IwUevm.  We  have  staled  above  that  by  the  Lex  AvreUa,  the 
whole  number  of  ludices  wa*  divided  into  three  wctione  or  Dcevriae,  each  order 
ibtming  a  Deeuria.  Thua  there  waa  a  Decuria  of  Senatora,  a  Decuria  oompoeed 
of  memben  of  the  Equeetrian  Order,  and  a  Decuria  of  TrUumi  AerarU.  By 
(be  law  of  Anguatua,  also  noticed  above,  the  number  of  Decuriae  waa  increased 
to  fonr,  and  by  that  of  Caligula  to  Ere.  In  the  period  also  between  the  Lex 
Cornelia  of  B.C.  81,  and  theZec^uraZiaofB.C.  70,  during  which  Senators  only 
could  act  as  ludicee,  we  hcarofi^ecuriae/iujieuin,  but  we  are  altogether  ignoiaiit 
of  the  principle  upon  which  thia  anangem^t  or  distribution  waa  fomided' 


T  FOBV  or  PBOCEBS  IN  CRUnNAI.  TBU.LS  DDBIHO  THX  EPOCH  OF 
THE  QUAESTtOXEB  PERPKTUAB. 

The  various  stepa  in  a  criminal  proaecution,  without  reference  to  the  parti- 
cnlar  Quaestio,  or  the  ^lecial  law  by  which  thsy  were  regnlated,  aeon  to  have 
been  aalbllowa: — 

1  Fnfmt.  let.  Stnil.  t.  T.    Cle.  In  Vvr.  An.  I.  10. 

•Fngnil- las.  Svill.  fi.  I.     Applu.  B,  C  L  39.    FUn.  H.  K.  XZZIII.  1.    VlOi^ILm 

*  trTi|tirt.'l«t.  g»Tltn.T.    Ctg.  Bro  cmtBt.  41.    IHoo  Cmk  ZXXUC.  1. 
«  CIS.  In  Vtrr.  1.  SI.  II,  ».  pn  ClHBL  3T. 


838 

AMalorio.'— An  ■pplieUion  on  the  put  of  the  impesdwr  to  the  Frutor,  or 

Judex  Qudiuiionu,  who  presided  oTer  iheeoDrt  tovhieh  theelivge  belonged,  for 
Utre  to  prefET  an  accuution.  This,  althoa^  in  moat  oases  a  oictb  finrnalitj, 
wM  ft  neceMary  preliminaiT',  becan«e  it  might  happen  that  the  applicant  iraa 
disqualified  bj  law  trom  acting  as  an  impeacher  of  an^  one,  or  mm  acting  u 
the  impeacher  of  the  particular  indiTidnal  whom  be  desired  to  proeeente ;  or  be 
might  have  been  forestalled,  which  leads  ns  Id  consider, 

jyivmotio.  '—Two  or  mora  peraoot  might  make  application  at  the  same  time 
for  t«BT«  to  prefer  the  same  chai^  agaiDst  the  same  iodividaal.  It  thus  became 
iMCeaBar3'  to  dedde  which  of  the  iqiplicante  bad  the  beat  dtum  to  conduct  the 
fmaeention,  and  this  qaea^on  vraa  decided  formally  by  a  coToiHum  of  iadica, 
(irbo  were,  hoirever,  not  npon  oatii — iniuratt,)  after  the  different  appticanti 
had  been  fully  heard  in  support  of  their  pretensions.  This  preliminary  process 
was  termed  IHvinatio;  and  Cicero  aCTorde  an  example,  who  contended  with  a 
certain  Q.  Caecilius  for  pennission  to  bnng  a  oriminal  chaive  against  C.  Torres, 
and  delivered  a  speech,  still  extaot,  entitled  Divinalio  in  Q.  CueciUum. 

Nominvi  s.  Crimuiu  Delatia,  ' — These  prdiminariea  baring  l>een  adjusted, 
the  aocoser  made  a  formal  deolaratioQ  of  the  name  of  the  person  whom  he 
intended  to  impeach,  and  of  the  crime  which  be  laid  to  his  charge,  and  in  ao 
doing  wa«  said — De/trre  Nomtn — Deferre  Crimen — and  hence,  noder  the 
empire,  Delatores  wu  the  term  nsed  to  denote  that  dass  of  persona  who  made 
a  trade  of  impeacbin^. 

Cilatio.  * — At  this  stage,  it  wonid  appear  that  the  accuMd  was  (brmany 
tammoned  (cUatta)  to  t^pear  befor  the  Pntetor  or  ludex  Quaalioitii,  and  hear 

in  questions  to  the  aceoaed,  which  he 
bethought  fit.  The  object  of  tbeee 
qneatious  was  to  ascertain  liow  mnch  the  aeoused  was  willing  to  admit,  in  order 
that  the  question  mbmitted  to  the  Jury  might  Manme  a  definite  form  and  be 
compressed  within  narrow  limits. 

IiacTvptio.  SubieripHo. ' — A  (bcmal  doctnnent  was  next  drawn  up  sta^g 
precisely  the  nature  cf  the  charge  and  the  name  of  the  accused.  This  was  signed 
by  the  aecoser  and  also  by  tboee  wbo  intended  to  give  him  thdr  support  and 
countenance  in  condocdng  the  prosecution,  and  who  wero  hence  termed  Sub- 
tcriplora.  The  accused  then  became  techuicallj  Beiu,  and  as  such  wat 
li^ally  diMiuali6ed  kom  becoming  candidate  for  any  public  office. 

JVominu  Receptio. ' — The  presiding  Judge  then  tbrroally  registered  the  name 
of  the  accused,  and  in  so  doing  was  eaid  Nomen  Htctpere. 

Fmally,  a  day  wu  fixed  for  proceedini;  with  the  trial.  This,  under  ordinary 
oircunutances,  was  the  tenth  after  the  Nomina  Beceptio ;  Init  the  interval  was 
acmetimes  regulated  by  the  special  bw  under  which  Uie  Quaeslio  was  bdd,  and 
sometimes  a  lengthened  space  was  granted  in  those  instances  where  it  was 
necessary  to  procors  erideoce  from  a  distance,  at  in  the  acousation  of  Tenes, 

icioimaF.Si.i 


IU1.A1 

eon.  ArpuBt.  In  Clt  Dl. 

mac 

QDlc 

IID.L 

o. 

iiL..; 

)9.tO 

pro  Clual 

:  t.  a.  17.  Kpp. 

•drxB. 

VIlLi 

iVtn. 

A««.L1. 

SaboL  Bob.  p. 

.Stf.cd. 

Onll. 

utc 

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tc»n 

■  C<e.  pn>  < 
f  Clo.  U  V 


enlin.  li.    Oru.  -pro  da 


".OOglf 


vhen  CiMrOHU  allowed  one  bundrcd  and  ten  d&jt,  altbough  he   did   not  aviS 
himeelf  of  the  permiuion  to  the  full  extent. ' 

On  the  daj  appointed,  the  Judge  having  taken  hia  «eat  npon  the  tribmul,  tbe 
Damee  of  all  thoae  ladicei  who  were  linhle  to  serve  upon  this  particular 
Qliaeatio  were  called  over,  and  at  the  eame  time  the  accuser  and  defendant  wen 
■ominoned  to  appear  by  the  Crier  of  the  Court  (ciebanlur  a  Praecont  prat- 

There  can  be  no  doabt  that  the  Judge  possesBed  the  power  of  e[ifon:!ng  the 
attendance  ofBucli/uiflcef  as  did  not  angwcr  when  called  upon,  and  of  inflicting 
punishment  on  Buch  as  oould  not  afford  a  aatisfactoT^  excuse  for  their  ahaence 
("Cic.  Fhilipp,  T.  5.)  If  the  accoser  did  not  appear,  the  defendant  was  at  onm 
dinniBBed  from  the  bar,  it  being  left  open,  however,  to  any  one  10  institute  a 
new  process.  If  the  accused  did  not  appear,  and  if  no  one  appeared  to  account 
for  his  absence,  then,  towards  evening,  he  waa  pronounced  guilty,  and  sentence 
was  passed  upon  him  in  tenns  of  the  law  under  which  the  Court  sat. '  If  all 
the  parties  were  in  atteodance,  the  fiiHt  bueinefls  was  balloting  for  the  Jurj'. 

ludicum  SorlUio,  *— The  names  of  all  those  I-udka  who  were  liable  to  serve 
were  thrown  into  the  halloting  um,  those  only  being  excluded  who  were  closelj 
connected  by  blood,  mairiage,  or  any  other  strong  tie,  with  either  of  the  parties. 

The  presiding  Judge  tlien  drew  out  of  the  um  the  number  of  names  proper  to 
oouEtilute  the  Juir.  Thia  number  depended  entirely  upon  the  pravisions  of  the 
particular  law  under  which  the  trial  Cook  place,  and  we  accordingly  find  exaniplea 
of  32,  60,  70,  75,  and  other  numbers. ' 

Ivdicum  Ratctio. — It  was  a  principle  in  Roman  Law,  that  in  all  causes,  both 
cdvil  and  criminal,  the  person  or  persons  who  decided  a  controversy  should  be 
appointed  with  the  full  consent  of  the  contending  parties  (Cic.  pro  Cluent.  43.) 
To  have  carried  out  this  principle  to  its  full  extent  in  criminal  causes  would 
have,  manifestly,  been  impracticable ;  but  after  tiie  requbile  number  of  J  urors 
had  been  chosen  by  ballot,  both  parties  were  allowed  to  ciiallenge  {reiictre)  a 
certain  number,  if  they  thought  St.  It  was  not  necessnry  that  the  party 
oballengiDg  should  state  his  reasons,  the  right  was  absolute,  and  he  alone  was 
thejndge  of  the  expediency  of  exercising  it.  The  number  of  Jurors  which  each 
parly  was  allowed  to  challenge  appears,  like  tlie  number  of  the  Jury,  to  have 
been  fixed  by  the  laws  regulating  each  Quaetlio,  and  on  this  point  we  htKt  bnt 
little  general  information.* 

ludicum  Subsortitia. — The  vacancies  in  the  Cotuilium,  caused  by  the 
challenges,  were  filled  up  by  the  Judge,  who  drew  fresh  names  from  the  nm. 
This  operation  was  termed  Subsoriilio. ' 

ludicum  Editio. — Tlie  appointment  of  a  Jury  by  ballot  was  the  rule  followed 
in  a  great  minority  of  crimiuat  causes ;  but  it  was  not  universal,  for  some  laws, 
prohibiting  particular  oOeuces,  directed  that  the  Jury  should  he  appointed  in  a 
different  manner.  Thus,  by  the  La  Strvilia  de  Repelutidis,  each  party  nomi< 
Dated  (edtbat)  one  hundred  Jnrori,  and  each  challenged  Ally  of  those  nominated 

ICIodaF.ILIllnVit  U.  AuoD.  Ar|.  Id  Cii.  Cornelliin  Ptcud  Awxin.  AnDDt. 
In  do.  In  Vnr.  AaL  I     Plot.  Clo.  S. 

>  PhuL  Awsa.  In  Oo  in  V«T.  M.  Aiooo.  ArtamL  Id  C<c.  CarMtlui.  CIC  la  Virr. 
n.  IT-4S.    ProClonit  n.  IB.  »1.    Pint  Bml.  IT. 

>  Cla  In  V«T.  II.  IT.  M.  40.  AiKin.  In  CIc.  MllonliD.  U,  Vpllclui  11.  St.  CsH.  B.  O. 
VI.  «.    PlatBnl.  n.    DlonCuu  SLVl.  1«  LIV.  3. 

1.  tr.  prn  Y\ux.  1.  ad  H  F.  Ill  4.  in  Plion.  tO. 

I    70.  In  Varr    IT.  a\    III    CO.  In  Villn.     Phlllnn    ITI    ] 

AIL  I.  < 


»  at  K°l>rM.'ll'  TO.ETv.rl"'!.  j'  in.  CO.  In  villk    Phlltpp.  J 


'.OOgll 


lUDKU  nnuoA.  341 

bf  hu  oppoaent,  so  that  tlie  CoJuilium,  nhen  thiu  redaceil,  oondited  of  ana 
hnndred;  but  this  procedaie  woi  abrogaCed  bj  Bubscqaent  taws  De  Bepeiandu, 
and  the  ordinary  methods  of  Sortitio  and  Snisorfifio  »ab»titnled, '  Again,  bv 
the  Lex  Licinia  de  SodatitOs,  the  acciiaer  nnmed  four  Trib«B,  the  accused'liad 
the  right  of  challenging  or  rejecting  ono  of  these  Tribea;  and  then  the  accuser 
■elected  the  Jacy  out  of  the  remaining  three  Tribea,  without,  it  would  seem,  tay 
&rther  right  of  cliallenge  being  granted  to  the  acoused. '  Juron  appointed  in 
this,  or  in  a  similar  manner,  were  ciUled  ludicea  Editidi,  as  distinguUbed  from 
those  named  by  Sortitio. 

The  Jury,  being  finally  adjusted,  were  then  sworn,  and  hence  they  tira  Irequentt^ 
designated  simply  by  the  epithet  furati.  k  ludex  Quaaiionia  was,  in  like 
manner,  sworn ;  but  a  Praetor  was  not,  his  general  oath  of  ofBce  b^ng  cou- 
lidered  snffloient;  and  tliis  drcumstance  alone  seems  to  pro  re  that  the /uito 
Quaestionis  waa  not  regarded  b  the  light  of  an  ordinary  magistrate. 

The  pleadings  then  commenced.  The  proseontor  or  his  counsel  (of  whom 
more  hereafter)  opened  the  case,  the  defender  replied  in  person  or  by  his  counsel, 
and  then  the  evidence  was  led. 

TeiiiTnoaia, — The  cTidence  might  be  of  different  kinds,  Oral,  (Ttsles,')  Dccu~ 
mentary,  (Tabulae,)  and  mixed,  that  is,  consisting  of  declarations  by  corporate 
bodies,  {Teslimonia  pubtica,)  supported  by  the  verbal  testimony  of  deputies 
{Legoti)  sent  for  the  parposc. 

Teftes:. — Witnesses  might  be  either  free  men  or  slaves;  and,  if  free  men,  they 
might  be  either  Roman  citizens  or  Fere^rini. 

All  free  men  alike  were  examine  upon  oath — luraff — bat  much  less 
importance  attached  to  the  evidence  of  foreigners  than  of  citizens,  and  Greek 
witueaaes  especially  were  regarded  with  peculiar  suspicion.  Witnesses  might  give 
evidence  of  their  own  ti^e  will  (yobaUarii)  or  upon  compulsion  ;  but  Uie  right 
of  compelling  a  person  to  appear  as  a  witness  {^Denuntiare — Testibus  denuntiare 
— Tatimonium  denuntiare)  was  possessed  by  the  accuser  alone.  It  was 
CDStomary  for  the  accused  to  coll  witnesses  to  apeak,  not  only  to  facts,  but  to 
character,  and  such  were  termed  Laadtitares,  the  number  usually  brought 
forward  for  this  purpose  being  ten. ' 

With  regard  to  the  poaition  of  slaveii  as  witnesses,  several  points  deserve 
particular  notice — 

1.  It  was  a  prindple  in  Roman  Law  tluU  no  declaration  jn  the  part  of  asbve 
could  be  received  in  evidence  unleM  emitted  under  torture.  Hence  the  word 
Quaeslio,  when  employed  in  reference  to  the  examination  of  slaves,  always 
implies  the  application  of  tortnre.  * 

2.  In  tlie  ^eat  majority  of  cases  in  whidi  we  read  of  the  jndieial  ciamina^on 
of  slaves,  in  the  earlier  period  of  Soman  hEstoij,  the  persona  charged  with  the 
crimes  were  the  masters  of  the  slaves,  the  slaves  tfaemsidves  being  implicated  as 
aceomjdices,  and  the  chief  object  was  to  force  trom  the  slave  a  confession  of  his 
own  giiilt;  and  no  slaves  were  examined  except  those  belonging  to  the  accused 

3.  In  no  ease  could  a  slave,  when  not  chained  with  partidpution  in  the  crimes, 
be  admitted  as  an  ordinary  witness  against  bis  oivn  niaxler.     It  was  only  when 

1  KUDU.  Pntnt.  1*1-  SmM.  8.  It. 

*  CIS,  pro  Pteno.  I»-IT.  uul  Oh  Pnliganiui  or  Wundtr  Is  Ibil  iptacli. 

s  Cis.  In  Vmr.  L  ]».  IL  t,  4  «  «.\.  M.  pro  Rnc  AswrliL  38.  pro  FluM.  &  n.  pn 
TtaULtO.    AMmi.1nOlB.pro8e«ur.    OalntlL  I.  O.  V.  .IL  s.    Plln.  Bpp.  V[.  S. 

•  Ut.  XXVL  n.  XXVIL  a,    Clc.  FvtlL  0»t.  at.  pm  3ull.  ».    Bbu.  id  Il««ia  IL  7. 


342  TOD 

nady  to  bear  teatimonj  in  liu  favonr  tbU  he  oould  be  heard  iii  oourt,  and  tortwe 
was  applied  in  tiut  cue  npon  the  piindple  that  an  eztraoTdinaiy  tanctiini  «■■ 
BMCiHiy  to  give  vaioe  to  evideiioe  which,  it  woi  pretamed,  mnU  hare  been 
deUverea  under  a  Etn>ng  bias. ' 

4.  The  two  U*t  rule*  were  modified  in  later  timet,  in  to  &r  a*  crime)  irtiich 
involved  the  u&tj  of  tbe  itale  wnre  cxmcemed,  or  than  which  related  to  aome 
daring  act  of  racrilege.  In  both  these  oaua  the  erideoee  of  a  slave  against 
bii  maiter  was  »HTnitiiii,  Moreover,  towards  the  dose  of  the  repnblic,  the 
■laveg  not  only  of  the  accnsed,  bat  sIm  of  third  psrtiea  were  sametimM  examined 
under  torture,  the  pennission  of  thdr  masten  having  been  previousi;  obtained.' 

5.  Id  the  eariier  ages  the  torlara  was  applied  in  pubiie— media  /on 
— bat  during  the  period  of  the  Quaaliona  Perpetaae,  it  seems,  as  Eir  as 
onr  authorilies  extend,  to  bave  been  costomar}'  to  applj  the  toitnre  out  of 
eoart,   and  oanseqaentlj   the   depositions  most   have  been  taltea  down   in 

TbiuZoe. — Written  evidence  conualed  of  private  acoonnt  books,  (TabvloM 
acctpti  et  txpensi  p.  314,)  of  Iclters,  {Epiilotai,)  and  of  memoranda  (LiheUi) 
of  every  description.  The  accuser  hid  a  right  to  call  for  all  documents  of  this 
nature,  and  to  oompel  thdr  production.  When  received,  they  wece  regnlarij 
•ealed  up  (obtignaiae)  in  the  presence  of  witnesses,  {ob^natont,)  dclivend 
over  to  the  Judge,  and  opened  by  him  in  the  presence  of  the  Court.  Besidca 
these  private  papers,  the  accounts  of  the  Collectors  of  the  Bevenne  ( Tabtdat 
PabUeanorum)  were  sometimes  brought  forward,  but  in  this  case  it  wu  not 
necessary  to  present  the  originals,  an  authenticated  copy  being  admitted.' 

A.  second  speoies  of  written  evidence  consisted  in  the  depoutions  <S  those 
witnesaes  who,  from  bad  health,  age,  distance,  or  any  sstiafactoij  canse,  wen 
unable  to  appear  in  person,  and  were  therefore  allowed  to  liave  their  djepsai- 
tiont  taken  down  in  writing,  (Tatimonia ptr  tabdiaia  dart,')  these  depomlioni 
being  anthentioated  by  the  signature  of  eommiaeicaien  (sufiuiiorei)  in  whose 
presence  they  wera  made.' 

Lastly,  under  this  bead  we  most  reokon  tbe  Tettimoma  Puhtiea,  which,  wbca 
m  favour  of  the  accused,  were  termed  Laudationet,  that  is,  pablio  dedaralioDS, 
n^arding  particular  facts,  or  npon  the  general  merits  of  the  case,  emanating 
from  pa^c  mee^ga  held  in  the  provincial  towns,  or  from  the  magistraue,  or 
from  some  recognised  aorporation.  These,  which  were  employed  very  estai- 
lively  in  cases  De  Eepetunda,  were  always  coDveyed  to  Rome  by  in  embaMj 
appointed  for  the  purpose,  and  the  members  of  the  deputation  attended  in  comt, 
daring  tbe  trial,  for  the  purpose  of  autbeutioating  the  documents  which  they 
presented,  and  of  giving  such  oral  explanations  as  might  be  required  by  dthtf 
part). 

The  evidence  bemg  ooncloded,  the  Jury  were  called  npon  by  the  Judge  to 
give  their  verdict,  who,  in  doing  tliis,  was  siid  millere  iudiee*  m  coiutuiim, 
while  the  Juion  were  s«d  ire  in  eomilium.  Originally,  they  Tat«d  openly ;  bat 
after  the  passing  of  tbe  iii:  CoMiQ,  (B.C.  137,  p.  140,)  hy  ballot,  (per  taieaoi,) 
excepting  daring  a  short  period,  when,  in  aeoordance  with  one  of  Sulla's  laws, 
the  defendant  had  Che  right  of  cbooung  whether  the  Jury  should  vote  openly  or 

1  Tsdt.  Add.  II.  X.    Cle.  pre  Sou.  Amtr.  41.  pro  IMot.  1.  ata  Milan  tt. 

I  CIS.  PHtlt  Ont  M.  pro  Hllsn.  n,  pro  Boh.  Admc  M.  41-  ii.    VsL  tta.  VL  ttO.  L 

*  Clfl.  pro.  Sull.  M.  pro^ilgn  n     A«»n  Anrum.  In  Clo.  UlontuL 

*  cte.  Id  Vht.  1. 18.  n  ta  il  i4.  te.  n.  ml  •«.  iv,  a.  m  pn  Fiuo.  9. 
I  iHaiot.  dt  c.  c.  E.  sa   aiUntiii.  o.  V.  ni.1.  t.u,n. 


SiS 

Monitlj ;  but  it  i«  unoortain  whether  this  regnktioii  wu  genera),  or  api^iaatik 
to  a  paniailar  diu  (rftriali  cmlj.'  Each  Juror  iconTsd  a  anull  tablet  arrtnd 
with  wax ;  \ipoa  thii  he  wrote  hit  verdict,  and  threw  it  into  the  ballot-box 
(altUa.)  TlM  verdict  might  he  axpreiMil  in  three  ways,  (except  in  a«el  Dt 
Mepettuu^,  to  be  noticed  below,) 

1.  By  tbe  letter  A,  which  denoted  Afw>kio—Sot  0n3ly. 

2.  C, Condimno — Guilty. 

8.  letteraN.L, Non  Liquet— 'So  Verdict. 

I)m  bU  indioa^g,  that,  from  the  nncerlain  or  contradictory  nature  of  the  eri- 
danee,  the  Jnror  ooold  not  make  up  hii  mind  uther  to  aoqnit  or  to  oondenm. 
The  Tenlt  wai  dedded  by  the  oj^ority  of  TOtee,  and  announced  by  tbe  Judge. 
If  tbe  majority  gave  the  verdict  Gtdlty,  it  was  proclaimed  by  the  wonla  Fteittt 
VMeitir,-  if  Not  GuQlt/,  by  Non  Fecisae  Videlur;  but  if  the  majority  voted 
N.  L.,  then  the  Judge  eiid  AmpUiu.'  In  the  oaae  of  an  eqnahty  of  votes,  the 
t««uh  meet  favourable  to  the  ddenduit  waa  held  to  be  the  verdict. 

Anpliaiio. — The  annotmcement  AmpUut  denoted  that  a  more  full  inveatin- 
tion  into  the  meriti  of  tbe  case  was  requisite,  and  accordingly  the  Jadge  fixed  a 
day  for  a  second  hearing.  When  this  arrived,  the  same  formaUtiea  were 
obserred  aa  on  the  first  beuiug;  the  pleadings  were  renewed,  the  evidence  ahready 
tendered  was  pobably  read  over,  and  neir  evidence  bronght  forward ;  but  not- 
withstanding, the  rendt  might  be  the  same  as  before,  and  a  majority  might  still 
vote  N.  L.  In  this  case,  a  fresh  AntpUatio  took  place ;  a  day  was  fixed  lor 
a  third  time,  and  the  same  process  was  repeated  again  and  again, — m  one  canse 
upon  record,  seven  times,' — nnfil  the  Jarj  oonld  give  a  positive  verdict.  It 
would  ^ipear  that — we  know  not  tiom  wbat  canse — tbe  vodict  K.  L.  fell  gra- 
doally  into  demetode,*  at  kast  we  can  find  no  example  of  an  Atnpliatio  in  tbe 
time  of  Cieero. 

Comperendinatio^—'Vft  remarked  above  that  the  verdict  might  uipear  in 
duw  forma,  exoqrt  in  esses  De  Repetundu.  After  the  pasdng  of  the  Lis  Ser- 
viUa,  (about  B.C.  104,)  the  process  in  trials  of  this  nature  was  altogetbv  pecn- 
liar,  for  at  that  period  Compertndinatio  was  mlrodueed.  By  the  arrangement 
so  dengnated,  tdl  trials  De  Repetundu  were  divided  into  two  distinct  parts, 
termed  respectively  Actio  Pritna  and  Actio  Secvnda.  la  the  Actio  Prima,  tbe 
acoDser  gave  an  outline  of  tbe  case,  more  or  less  complete,  according  to  dnenm- 
alances  and  the  judgment  of  the  pleader ;  the  defender  then  repliol ;  and  ths 
witnesses  upon  both  sides  were  examined.  The  Jury  did  not  now,  however, 
proceed  at  once  to  give  their  verdict,  but  the  prooeedings  were  sospended  nntU  the 
aext  day  bnt  one,  (tertio  die — pereneUe,  and  hence  the  word  Conipertniiniatfo,} 
when  a  second  hearing,  tbe  Actio  Seciotda,  took  place.  The  actsuBcr  and  tu 
accused  had  now  an  opportunity  of  oommenling  upon  the  evidenoe  already  ten- 
dered,  and  of  bringing  forward  additional  testimony.  When  this  seoond  bearing 
was  ooDclnded,  the  Jury  was  colled  npon  to  give  a  verdict  of  oondemnatimi  or 
acquittal,  no  option  being  left  to  them  of  saying  Non  Liqtul. 

We  have  an  excellent  example  of  a  trial  of  this  description  in  the  pmeontloa 
ag^nat  Terrea,  wbiob  preaents  ns  with  the  preliminaiy  Divinatio,  the  A.clio 
Prima,  and  the  Actio  Secunda,  on  the  part  of  tiie  impeaoher,  ^hoagb  the 
Aetiti  Prima  was  mmsoally  short,  in  eonaeqnom  al  tbe  pBauliir  poliey  wUeb 


1.  IB  Vtrt.  L  ■; ». 


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


Sii  IDDICU  PUBLICi. 

Cioero  felt  htnuelf  obliged  to  sdopt,  and  tlie  ipeecbcs  whioh  farm  the  Actio 
Secanda  were  never  ac^all/  delivered,  the  defendsnl  haring  given  up  bie  oasa  in 
detpsir.  The  speeches  Pro  Fonieio,  Pro  Flacco,  and  the  ^gment  Pro  Scauro, 
were  all  delivered  in  an  Actio  Secunda,  as  vce  learn  Ttoox  ioteniRl  evidence. 

It  ie  generally  Etaled  in  woriiB  en  Roman  AnCiquilJea,  on  the  authoiilj  oftha 
FKodo-AiMxiniug,  that  the  Actio  Secunda  was  dtatinguisbed  by  a  remailable 
pecaliarily ;  that  while  in  the  Actio  Prima  the  pleadiags  were  commenced  by 
the  accnjKT,  who  naa  Tollowed  bj  the  defendant,  this  drder  was  revened  in  tha 
Actio  Secunda,  the  defender  being  called  npon  to  speak  first,  and  the  pleadings 
concloded  b;  the  aconaer.  Bat  thig  gcatemeat  ts  not  only  repugnant  to  raason, 
but  is  direotly  at  variance  with  several  eipresaione  in  Cicero,  which  all  clearly 
point  out  that  the  order  of  the  pleadings  in  the  Actio  Secvnda  was  the  sama 
ai  in  the  Actio  Prima,^ 

I.IU*  Aeuin&ii*. — In  Criminal  Tnals  of  a  oertain  class,  such  aa  those  De 
RepetundisuidDePeculalu,  when  a  ^uj  was  found  guilty,  he  was  compelled, 
as  a  part  of  his  punishment,  to  malcc  Tcstitution  of  what  he  had  uulawfuUy 
^)proprial«d,  and  sometimes,  according  to  the  provisions  of  the  law  under  whicb 
he  was  tried,  of  double,  treble,  or  quadruple  the  amount.  Ic  was  part  of  the 
duty  of. the  ludices,  after  they  had  brought  in  their  verdict,  to  determine  the 
sum  to  be  paid.  Tbla  pari  of  the  proce^  wag  the  lAtis  Aulimatio.  There  is 
an  obscure  passage  in  Cicero  (Pro  Clnenl.  41)  froip  which  we  may  mits  that 
considerable  Utitude  was  allowed  to  the  Indices  in  this  matter,  and  that  tiiey 
might  not  only  remit  a  portion  of  the  pecmiiary  damages,  but  might  even  sub- 
stitute a  milder  ponishment  for  the  Poena  CapitaUt? 

The  term  Litit  Aatimatio  was  employed  in  Civil  Suits  also  when  tba 
am[HTe  or  umpires  were  required  to  fix  the  amount  of  pecuniary  compensation 
due  to  one  who  had  sustained  damage.' 

'We  now  proceed  to  give  some  detaiis  with  regard  lo  those  offences  which  most 
frequently  sSbrded  subjects  of  investigation  in  the  criminal  courts,  and  especially 
in  the  QtiaeaftonM  J^rpttnae, 

FerdHeiiia, — PerduelUi,  derived  from  daeilum  i.q.  bellum,  properly  ipeak- 
mg  ugnifies  a  pubtic  entmy,  and  hence  Perdvetlio  was  employed  in  Jecal 
phraseology  to  denote  the  crime  of  hostility  to  one's  native  country^  and  is 
Dsualiy  represented  as  coiresponding,  in  a  general  sense,  to  our  term  Hi^ 
Treason. 

Many  scholars  maintain  that,  originally,  Ferdudiio  was  applied  to  any 
crime  of  great  atrocity  involving  the  lUe  of  a  citiEen,  for  the  murder  committed 
by  Horatios  is  called  Perduellio  by  Livy,  (L  26,)  while  Festos  (s.t.  sororium, 
p.  297,)  dewgnaCes  it  as  PaTrieidium, 

During  the  sway  of  the  EJugs,  any  attempt  agMnet  the  life  or  privileges  of  tha 
monarch  would  constitute  PerdutUio.  Under  the  republic,  any  attempt  to 
restore  the  exiled  Taniuins,  or  to  assume  regal  power,  (regni  affectatio,)  wsa 
regarded  in  the  same  light ;  also  any  attempt  to  subvert,  by  violence,  th« 
established  form  of  government,  and,  in  general,  any  act  of  hostUity  on  the  part 
of  a  citizen  towards  the  welfare  of  Rome,  whether  indicated  by  exciting  internal 
T^wllion  agtunst  the  comtitution,  (ledifio,)  orby  favonringand  udingtbe  dedgna 

1  Oa.  Id  T*tt.  L  M.  IL  n.  IIL  sa.  V.  I.  la  nra  F'odM.  II. 

Mn.  Act  IL  L  M.  IL  IK  I*.  Ill  v 


RTDicu  mtucA.  346 

of  eitcnial  6x1  (proditio.')  In  like  maimer,  0117  open  invaiion  of  the  mora  Mcred 
righti  of  the  Plebi,  «ucb  as  DRsiuilling  one  of  their  TribuDca,  was  oonstnied  u 
TreasoD ;  or  if  ■  niagiatratc,  taking  advantage  of  liis  oEBcial  station,  put  to  death 
a  Roman  dliten  not  legally  conTicIed ;  (caedfs  cima  indemnati;)  and  from  thii 
point  of  view,  aome  explain  nh;  the  deed  of  Horatiiu  was  termed  indifferently 
J'erdvtUio  and  Parriadium.  Hence,  too,  it  is  a  proMCulion  for  PerdueUio 
with  which  Cicero  threatens  Verrei,  (In  Verr.Act.II.  L5,)shoaId  hebeacqaitted 
upon  other  chargee,  for  Veires  waa  eaid  to  have  pat  Roman  citizens  to  death 
iUegally  while  governor  of  Sicily. 

So  Quaatio  Perpttaa  was  ever  institated  for  the  trial  of  charges  of  Per- 
dtuUio,  which  were,  comparatively  speaking,  of  rare  occoirence;  and  towarda 
the  close  of  the  republic,  many  otTenccs  which  might  have  tiecn  conildercd,  at 
an  earlier  period,  as  involving  PerdueUio,  irere  olasaed  nnder  the  hend  of 
Maieitas  or  of  Vis,  for  which  separate  Courts  were  established. 

Hence  all  trials  for  PerdaeUio  look  place  either  before  the  Comitia,  or  belbre 
Special  Commissioners. 

Of  trials  for  Perdaeliio  before  the  Comitia,  we  have  an  example  in  the  case 
of  SpuriBs  Cassias  YisceUinns,  who  was  charged,  m  B.C.  485,  with  having  aimed 
at  kmgly  power— propter  consilia  inita  de  regno— propter  siispicionem  rtgiii 
appelendi.  He  was  pnt  to  death,  and  his  house  was  razed  10  the  ground.'  In 
like  manner,  ii.  Hanlins  Capitolinns,  who  had  saved  his  conntry  during  the 
Gaulish  invasion,  waa  impeached  before  the  Comitia — propter  mispicionan 
regrti  appelendi — and  found  goilty.  He  was  hnrled  from  the  Tarpeian  rock, 
his  house  was  razed,  and  his  property  was  conGscated. '  In  B.C.  349,  P.  Clodiua 
Pnloher  was  tried  for  having  eng^ed  Adherbal  off  Diepannm  in  despite  of 
nnftvourable  auspices,  whereby  alarge  portion  of  the  Roman  fleet  was  destroyed. 
He  aaiembly  of  tlie  people  was  broken  off  by  a  storm,  and  Clodius  thus  escaped. 
In  later  times,  he  would  have  been  tried  for  Maieitai,  not  for  PerdueUio.' 
Lastly,  in  B.C.  107,  C.  Popilios  Laenaswas  impeached  of  PeriueHio,  for  having 
displayed  carelessness  and  cowardice  while  acting  as  Legaha  to  the  consul  C. 
Caseioa,  and  for  having  concluded  a  very  unfavourable  treaty  with  the  Tigurini. 
He  was  convicted  and  banished.*  This  was  the  first  instance  in  whicli  the  people 
had  voted  by  ballot  in  a  trial  for  PerdaeUio.     See  p.  140. 

The  first  trial  upon  record  for  PerdueUio,  that  of  Horatins  for  the  murder  of 
bis  sister,  is  said  to  have  taken  place  before  two  Special  CommiBsioners,  nomi- 
nated by  the  king,  an  appeal  from  their  sentence  being  permitted.  The  last  trial 
on  record  for  PerdueUio  nnder  the  republic,  that  of  C.  Rabirius,  in  B.C.  63,  for 
the  murder,  87  yean  previously,  of  L.  Appnleius  Saturoinus,  Tribune  of  the 
Pleba,  took  place,  m  like  manner,  before  two  Special  Commissioners,  C.  Jalius 
CiEsar  and  L.  Coiaar,  who  were  nominated  by  the  Praetor,  and  not  by  the  people. 
Babirins,  having  been  foond  guilty  by  the  Commissioners,  appealed  U  th« 
Comitia  Ceotoriata,  wboM  deliberations  were  abruptly  broken  off  by  a  bold 
expedient  on  the  part  of  the  Praetor,  Q.  Hetellos  Celer,  who  polled  down  the 
banner  hoisted  on  the  lanicalom,  and  thos,  in  accordance  with  ancient  usage, 
broke  np  the  assembly.  See  p.  151.  The  speech  delivered  by  Cicero  on  behalf 
of  Babirins  is  still  extant. 

lUv.  n.41.  IV.  It.    DI«T>.  VIII.  77.    CIcL  Phlllpp.  IL  M    Vsl.  Hu.  VL  III  I. 
.  I  LIt^  VL  W.  _PIu  CuDllL  X.     DioD  Cui.  XLV.  h.  trtfiat.  Fdnu  II.    Cla.  PUU|i» 


846  nm 

■■*——. — Umabu,  IM  ft  legal  term,  wu  employed  to  eiprea,  brieftf, 
Crimta  Mtaeitatu  vdnutot,  ftnd  rigoiGed,  ia  it*  widett  nccepUlioa,  any  pm- 
oednre  on  the  put  of  a  Roman  citizen,  Ytj  irhich  the  power  or  dignity  of  tba 
Koman  people  wai  impaired  or  degraded.  Maiestatem  uhtubbe  M,  de  dig- 
aitaU  aut  ainplitadineautpotutatepopuliaaleorumguibiapopidiupoteitalat 
dedit  aHqind  dtrogare  (Cic  de  Inv.  II.  17.)  Offencee  of  tfaii  deecdption  dnring 
tbe  Bwaj  of  the  Kings,  and  duting  the  grrater  portion  of  the  republican  period, 
were  tneliuled  under  Perdvetlio,  and  made  the  mbject  of  special  inTCstigation. 
Ko  law  designating  a  crime  by  the  term  MaUitat  was  pa*»ed  until  about  B.C. 
]  00,  and  eoneeqnently  no  Quaettio  Perpetua  for  the  trid  of  aneh  a  crime  could 
hare  been  iniiitnted  before  that  date.  The  principal  enactments,  taken  in 
(iironokigioal  order,  were, 

1.  Lex  AppuUia,^  passed  in  B.C.  102  or  B.C.  100,  by  L.  Appulmns  Satniiii* 
i.ni,  Tribone  of  the  Flebe. 

Under  thie  law,  Q.  Serrilins  Caepio  was  impeached  (B.C.  100)  for  having 
violently  interfered  to  prevent  the  people  from  giving  their  votes  on  the  Ltx 
Frmnenlaria  of  Satnminoe — Impelum  fecit,  pontta  diaturbal,  eulaa  deiicit, 
I'mpetfinienlo  eit  quo  iteius  feratur  lex ;  ascesbitur  Maiestatis  (RbaL  ad 
Herenn.  12.) 

Under  this  law  also  another  Q.  Serviliui  Caepio  was  oondemned,  B.C.  95,  aa 
diechirgeof  having,  bjhiamisconduet,  while  FrooorieD],eansed  the  defeat,  by  die 
Cimbri,  of  the  Boman  army  nnderhig  command  (de  amuaione  exerdlttt.)  Caefna 
went  into  eiile  to  Smyrna,  and  his  property  was  confiscated.  The  fbllowing 
year,  hii  accuser,  C.  Korbanns,  waa  hiniedf  impeached  De  Maieitalt,  for  havuig 
forcibly  prevented  two  of  his  mlleagues  from  interposing  their  Veto  in  favonr  a 
Caepio ;  bat  by  the  exertions  of  his  connsd,  M.  Anlouina,  he  was  acqnitted. 

2,  Ltx  Varvi,'  passed  B.C.  92  by  Q.  Varins  Hybrids,  Tribune  of  the  Ploha 
Its  object  was  to  declare  tho»  gnilty  of  Maiatat  who  mstigated  or  aided  tbe 
designs  of  the  Italian  allies,  or  otner  enemies  s^unat  Borne — QuoTtan  ddo  malo 
Socii  ad  arma  ire  coacti  eraenl. 

M.  AemHios  Scaunis  was  impeached,  B.C.  92,  under  this  law,  on  tbe  charge 
of  having  ercited  tbe  allies  to  revolt,  (aocioi  ad  arma  coeffiise,)  and  tf  havii^ 
received  ft  bribe  from  Mithridates  to  betray  lus  country  (o&  rernpvblicam  pro- 
dendamJ)  Bii  bold,  dignified,  and  triumphant  deience  is  well  Imowo  from  tbo 
narrative  of  Valerias  Hazimns. 

S.  Lex  Cornelia,  pnseed  B.C.  81,  by  Sulla  when  Dictator,  was  more  impor- 
tant and  ooKiprehenaive  than  either  of  the  preceding,  defining  and  explaining 
much  that  bad  beoi  left  vague  and  obscnre.     This,  indeed,  together  with  tbe 

4.  Lex  JnUa  ofJolins  Caaar,  which  comprehended  those  cases  which  migl4 
still  have  been  ranked  under  PerdveUio,  served  as  the  foundadon  of  sll  tb« 
imperial  fnaotmenta. 

Under  tbe  Ltx  ComeUa,  C.  Cornelius,  who  had  been  Tribnne  of  the  Fl^  in 
B.C.  67,  waa  impeached  in  B.C.  E6,  for  having  prevented  his  colkagnea  frran 
eserdaing  their  right  of  Intercession.  He  waa  defended  by  Cicero,  fragment*  ot 
whoae  qjeedi  still  remain,  and  was  acqaitted.    (See  Aacon.  in  Comdiin.) 

Under  this  law  also,  A.  Gabinios  was  impeached  in  B.C.  54,  because,  wfcDe 
Prooonsnl  of  Syria,  he  had,  without  orders  from  the  Senate  and  people,  qnilt«d 


hit  Jhovinoa,  and  mHcbed  an  army  into  Egjpt  to  ndnaUle  Ftolemj  Anletw. 
Oat  of  70  Jimna,  32  bnm^t  in  ■  vwdict  of  Goiltj,  and  SS  Aojiutud  liioi. 

After  tbe  eatabliihinent  of  the  empire,  the  law  of  Maiatcu  aerred,  in  the  hand* 
of  evil  Princei,  u  one  of  the  nand  iuatnuneoti  ot  tyraira  j,  and  oShmd  iireuetible 
tanptationa  tn  bandi  of  needj  infonnen,  (deiatora,)  foi  not  onlj  acts  lending 
-10  mbvert  the  imperial  conttitation  were  r^arded  as  penal,  bnt  auj  thing  imtttn 
or  qwken  whioti  conld  in  §bj  way  be  oooitnied  aa  raflectbg  on  the  oharacter  of 
the  Enpreme  ruler,  was  now  held  to  inrolve  Minala  Maiatat.  How  fearfiillT 
this  engine  of  oppresrion  wm  worked  fiom  the  time  of  Tiberiai  downwarde,  ii 
fmiiliT  to  ererj  reader  of  Taatns,  by  whom  the  cliange  of  prindple  introduetd 
after  the  donnfal  of  the  tepnblic,  is  distinctly  explained, — Leoem  HAiESTAns 
rediaerat ;  (Tiberius ;)  eui  nomm  apud  vtleres  ident,  ted  alia  in  indidum 
vttaAaal :  m  gms  proditione  exercilum,  aat  pUbem  setfifumitui,  dement  tnaU 
gata  re  pubUea  Haiestatem  Pofuli  Boiuiii  HrauissET :  /acta  arguebantvr, 
dicla  impunt  erant,  Primui  Aamttu*  cogtiiiiowm  de/amoiu  UbtQa,  ipeeie 
legis  ei'ui,  IractavU,  cornmotus  Ctusii  Sevtri  libidine,  qua  vtrm  feminatque 
i&istra  pronacSm*  *anpti»  diffamaverat.  Max  Tiberim,  cotituUanie  Pompeio 
Macro,  Praetore,  an  itidtda  Maitttalii  redderentur,  exercendai  Jega  une, 
rapondit.     (Tadt.  Ann.  I.  72.) 

Vte.—  Fit,  as  a  legal  term,  was  nndentood  to  denolo  tiie  crganizin^  and 
anning  of  tamullaous  bodies  of  men  for  the  pnrpoaeof  obatmotiiiff  theootutitnted 
aiiiliorities  in  the  performance  of  th«r  duty,  and  tbni  inlemptnig  the  ordinaiy 
admiiiistrntion  of  the  laws.  Ma  sach  offence  wss  recognised  by  the  Criminal 
Code  until  the  last  centnij  of  the  r^ublic,  when  Tiolent  riots  by  hind  mobs 
became  eo  Ireqiiciit,  that  H.  Plantins  SUvanue.  Tribune  of  the  Plebs,  B.C.  88, 
{•dssed  tlie  La:  Plautia  dt  Fi,  in  terms  of  which,  those  connoted  of  nob  prac- 
tices were  tMoiahed.  Tbe  Uw  is  deaoribed  by  Cicero  aa — Legem  quae  de  ledi- 
tioMu  coTtMtleraiisqiie  ciuibus,  qui  armali  Senatan  obiedermt,  magatratAiu 
vim  dUuIennf,  retupubticatn  oppugnariTit,  quotidie  quaeri  ivheat  (Pro  Coel.  1.) 
The  ooncluding  words  in  the  above  taitence  indicate  a  pecniiarity  by  which  the 
statute  was  characterized,  namely,  that  trials  under  it  might  be  held  on  any  day 
whataoeTer — quotidie  quaeri  iubeal  .  .  .  ditbiu  futit  buHtque  publicit 
otimOnu,  n^oHii  foraoBms  tniermuiu,  unun  hoc  iudici»ua  txerctatar.  It 
does  not  ^ipear,  faowerer,  that  a  Q^tatio  Ptrpetua  de  Vi  was  eatabliafaed  until 
the  Dictalorahtp  of  Sulla. 

The  Lex  Lvlalia,  passed  b  B.C.  78,  seems  to  hare  been  merely  sn;qilemenlal 
to  the  Lex  Plaaiia. 

The  Lex  Pompeia  de  Vi,  passed  by  Pompdus  Magnus  in  his  third  oonsulsbip, 
B.C.  6S,  was  inteuded  spedally  for  the  punishment  of  those  who  had  taken  part 
in  the  moider  of  Clodins,  and  in  the  vubaeqnent  distnrbanoes,  whoi  the  Senate 
bouse  wai  bnmed,  and  the  mansion  of  H.  Lepidns,  the  Interrex.  attacked.  Aftv 
titcM  cases  had  been  dispond  of,  the  Lex  Plautia  and  the  Lex  Lutatia  were 
l^ain  leaorted  to  imtil  superseded  by  the 

Lex  luHa  de  Vi,  passed  by  JoUns  Cm 
some  of  tbe  Ltgtt  ItiSae  of  AngnsCos,  the 
Pi*  Pritnta,  nnkiKiwii  before,  was  inbodooed,  and  a  wide  fidd  opened  op  tar 
lawyen,  both  ipeonlative  and  practical. 

Of  the  extant  speeches  of  Cioeto,  tboee  Pro  SuBa,  (B.a  62,)  Pro  SeeHo, 
(B.C.  66,)  and  Pro  CoeUo,  (B.C.  56,)  were  delivend  on  behalf  of  individuals 
'    ^      '  r  the  Xm  i'JiniCia,  wd  ef  thne.  that  Pn  Smtio  ewxiaUr  on- 


S48  nmicu  PUBUCA. 

tent!  a  matt  vivid  pictore  of  Lhe  diHOrden  whioh  prevuled  at  tliat  epoch.  Afltt 
the  execution  of  the  ringleaders  in  the  Catilinarian  conspirai?,  five  or  six  perion* 
deeply  implicated  vrere  impeached  De  Vi  under  the  Lex  Plautia,  found  guilty 
and  banished  (Cic.  pro  Sull.  2.) 

The  trial  of  Milo  (B.C,  62)  was  of  coone  oonducted  under  the  Lex  Pompeia, 
by  which  the  prooecdings  were  made  shorter,  and  the  penalty  more  severe.  The 
chief  provisions  were  ' — 

1.  That  the  trial  should  commence  with  the  examination  of  witneuca  upon 
both  sides,  and  that  three  dajs  should  be  allowed  for  that  pnrpose. 

3.  That  one  day  sliould  intervene,  and  tlien  that  the  speeches  of  the  accuser 
and  the  defendant  ihould  be  delivered  on  one  and  tlie  game  day,  that  i«  the  fifth, 
two  hours  being  allowed  to  tbe  former  and  three  to  the  latter. 

2.  That  HI  ludices  should  be  chosen  by  lot,  who  should  bear  the  whole  pro* 
ceedings,  but  that,  before  they  retired  to  vote,  the  accuser  and  the  defendant 
abould  each  have  the  right  of  challenging  five  out  of  each  Ordo  or  Decaria,  so 
tijat  the  niunher  who  actually  voted  would  be  reduced  to  51. 

4.  That  the  president  of  the  court  (^Qiiaesilor)  should  be  elected  by  the  Comitta 
ituffragio  popnli)  out  of  those  who  had  held  the  office  of  Consul, 

Milo  was  found  guilty  by  a  majority  of  38  to  13  :  one  of  his  chief  aupportera 
and  abettors,  M.  Saufcius,  was  acquitted,  a  few  days  afterwards,  by  a  majority 
of  26  to  35,  and  having  been  again  bronght  to  trid,  soon  aflenrards,  under  the 
Lex  Plautia,  was  acquitted  by  a  majority  of  32  to  19 ;  which  seems  to  prove 
that  the  ordinary  number  of  Juron  under  the  Lex  Plautia,  as  well  as  under  the 
Lex  Pompeia,  was  51. 

iBcendiBin. — Anon,  It  has  been  inferred  from  a  passage  in  the  Digest, 
(XLVir.  iz.  9.)  that  by  the  Code  of  the  XII  Tables,  any  one  convicted  of  wil- 
fiil  (idem  pradeia)  6re-raLsing,  was  himself  to  be  bumri  alive.  How  long  this 
Btatnte,  if  ever  acted  upon,  remained  in  force,  we  cannot  tell ;  but  towards  the 
close  of  the  republic,  the  crime  of  Arson  was  included  in  the  Lex  Cornelia  de 
Sicariis,  and  punished  with  Aquae  et  Ignis  Inlerdiclio.  The  crime,  when 
connected  with  a  riot,  was  included  also  in  the  Lex  Pompaa  de  Vi,  and  tba 
Lex  lalia  de  Vi. 

ParrlcldlBB.^Until  the  period  of  the  Empire,  when  the  term  Homicidivm 
was  introduced,  the  word  ParricidiuiH  was  employed  ncit  only  to  denote  th» 
mnrder  of  a  parent,  but  in  an  extended  sense  to  signify  the  wlltiil  malidous 
(doh  sciens)  monger  of  any  free  citizen,  and  even  a  person  guilty  of  sacrilege 
was  called,  figuratively  perhaps,  Parricida.  * 

By  the  Laws  of  the  XII  Tables  ordinary  wUfid  murder  was  punished  by  de- 
capitation. In  the  earlier  nges  the  crime  was  of  very  rare  occurrence,  (Cic.  pm 
Toll.  9,)  and  when  it  was  committed,  the  people  either  judged  the  case  directly 
in  the  Comitia  Centuriata,  or  appointed  Commissioners,  who  seems  to  have  been 
called  Parrieidi  Quaestores,'  or  the  matter  was  investigated,  with  the  consent 
of  the  people,  and  under  the  direction  of  the  Senate,  by  the  chief  magistrates.  * 

No  new  law  against  murder  was  enacted  from  the  promulgation  of  the  XII 
Tables  until  the  last  half  centnry  of  the  republic,  when  the  insecurity  of  property 
and  lift,  which  resulted  from  the  disorganisation  of  society  in  the  civil  wars, 
became  so  (earfiil  that  Suits  endeavoured  to  eheclc  the  evil  by  his  Lex  ComeSt 

al.  DIu.  I.  T.  Parriri  QaaaUrm,  p.  Ml.    Flit.  Horn.  n.    Cla.  d<  L(t(.  IL  a 

•  fartlnluW  Um  dit>ili  ncanlliif  thi  pmmdlDn  ■pun  tk(  nnrdir  «f  Foantola^ 

V,  ,ia  ai.  All.  do.  Bmt  3.  d.  Fin.  II.  la  dt  n!b.  lit  a 


lUVICU.  PUBUCA.  319 

de  Sieariit  el  Venefiei*,  and  by  the  eUaMithmeat  of  a  Quautio  Ptrpetva  to 
canj  ont  its  provuions.  This  enactment  was  of  a  character  much  more  com- 
'  'e  than  :(«  title  would  import,  and  formed  the  kernel  of  the  Imperial 
a.  as  we  find  from  the  Digest  which  contains  large  extracts.  Not  onljr 
I,  ($learv,)  and  all  persons  wlio  had  actnallj  committed  miuder,  but 
every  one  who  coold  be  proved  to  have  carried  weapons  witli  the  intent  of  conj- 
tDJttin^  tnnrdcr  or  robbery — qui  cam  tela  ambulavrril  hoTitinu  necandi  /urlive 
facitndi  cauia,  hominemve  ocddtrit — or  who  bad  ootnponnded,  eold,  boagbt, 
been  in  possession  of,  or  administered  poison  with  felonious  intent — qaicunque 
ftceril,  vendiderit,  emerit,  habuerit,  dederil  venenum  tiecandi  hominu  caiaa — 
or  who  had  procured  the  oondemaalion  of  an  innocent  man  for  mnrder  by  cor- 
mpllng  witnesses  or  jurymen,  became  liable  to  ttie  penalty  imposed,  wliich,  far 
a  free  dtizen,  was  Aquae  et  Ignit  Interdktio,  to  whioh  Jnliua  CKsar  added 
confiscation  of  property. ' 

We  are  acqnainted  with  the  details  of  tiro  most  interesting  trials  held  nnder 
tbis  law,  that  of  Statins  Albitu  Oppianictu  in  B.C.  7G,  for  the  mnrder  at  Borne 
of  a  certain  joung  man  of  Larinum,  named  Asuviuaj  and  tliat  of  Anlus  Claen- 
tint  Habiliu  in  B.C.  66,  for  having  suborned  the  Jury  upon  the  trial  of  Oppi- 
anicns  and  subsequently  poisoned  Oppianicns  himself.  The  particnlars  are  given 
at  great  length  in  the  speech  of  Cicero  Pro  Cluentio. 

With  regard  to  Parricidium  proper,  or  tlie  mnrder  of  a  parent,  it  was  ordained 
by  a  very  andent  law  that  tin  individnal  convicted  of  such  atrodous  gnilt 
(crimen  aspernmum—nefat  ultimum)  siionld,  after  being  scourged  to  the  effu- 
sion of  hlood  (yirgU  satiguineis  veTheraUta,')  be  sewed  np  in  a  leather  bag 
(insNi  in  Cttieam)  and  thrown  into  the  deep  sea  or  a  running  stream,  (ohvolutut 
et  obllgativ  corio  devehebatar  in  pri^umtem,')  and  this  pnnisliment  eecins  to 
have  been  retained  In  the  I^ex  Cornelia. '  It  la  said  tliat  no  example  of  this 
dime  occurred  for  upwards  of  five  centuries  from  the  foundation  of  the  city. 
The  first  Individual  convicted  of  murdering  bii  father,  was  a  cert^  L.  Bostins, 
after  the  close  of  the  second  Funic  war,  and  the  first  murderer  of  a  mother  was 


if  Amelia,  impeached,  B.C.  80,  of  the  murder  of  his  father,  and  soccess- 
fidly  defended  by  Cicero  in  a  q)eech  still  extant. 

PompduB  in  his  second  consulship,  B.C.  55,  passed  the  Lac  Pompeia  de 
ParriiMtio,  in  which  ParnctdMin,  even  in  a  restricted  sense,  comprehended  the 
murder  of  all  near  relations,  whether  by  blood  or  marriage,  and  also  of  a 
Patroaus  by  his  Libertia,  but  the  punishment  of  the  sack  was  retained  in  the 
case  of  those  only  who  had  murdered  a  father,  a  member,  a  grandfather,  or  a 
grandmother,  an  unsuccessful  attempt  bdng  vidled  with  the  same  severity  aa  the 
completed  crime. 

It  must  be  borne  in  mind,  that  nnder  the  Tqmblio  and  the  eaiiy  empire,  the 


OD  Uw  Lu  Pamttia  it 

1,  Mate  imiUlula 

at!  *t   rarhdia  Tirwi, 

'"'■/^'°™ 

»r»,  H  tipm.  Mhwia: 

a^i  Titi^*?  M 

Timunk  n'l :  o/Mfwii  tmlia 

adMUnoii»uthBp)>r»* 

i>»be«i*fUr 

it  10  Iht  (PHI.  bll 

It  C1»rotn«  highly  Brut 

kanoDgllool 

■.nj  thiol  hoi «,.«.![ - 

.-  rt».,  a(,«  . 

ilQ  n/ii-n  Mid.  {Pro 

"iX'ttym. 

OrofcT.  la. 

350  lODKU  nmuoi. 

mnrder  of  a  dmn  bjliii  muter  iQToNedao  penalty,  while  tha  murder  of  a  dan 
belonging  to  inotber  subjected  the  peipetrstor  merely  to  an  aotioi  of  damage* 
oa  the  part  of  the  owner. 

Although  oidinaij  mnrdera  maj,  Ibr  a.  long  period,  hare  been  rare,  we  find 
mention  made  on  wveral  occBtiDai  of  poisoning,  which,  if  we  can  pnt  iny  &ith 
in  the  details,  waa  aomedme*  prsctiswi  npon  a  most  extenuve  «cale.  Tb»  in 
B.C.  331,  two  Patrician  matrons  fell  nnder  the  Buapidon  of  having  caoMd  a 
peatilence,  which  was  ravaging  the  citj.  Thej  were  fomid  guilty  and — 
comprehensae  atemplo  eumni  comites  magnian  RHneniin  matronaram  indica- 
veriint:  ex  quibui  ad  centum  Kptuaginta  damnalae.  Neque  de  VeneficiU 
ante  earn  diem  Bonae  gmaitum  at.  (Li7.  VIII.  18.)  In  B.C.  1S4,  we  fiod 
Q.  Naeriiui  Matho,  one  of  thePraeton,  appointed  to  the  government  of  Sardinia 
— et  ut  idem  de  Veneficiia  quaererec — and  we  are  told  Uut  hewai  detained  &» 
four  monthi  bj — Quaeiliones  VeneficH  qaaram  magnam  partem  extra  urton 
perMnnicipia  ConciUabulaque  h<wuii,  quia  ila  aptiia  mtum  eral.  SiAntiaii 
Valeria  credere  Hbet,  ad  d'lo  miliia  homvitum  damnaviL  (Ijv.  HAUL  38. 
41.)  In  B.C.  180,  on  occasion  of  a  pcstileticc,  a  snspidon  of  poisoning  aroia — 
et  Veneficii  ^aeitio  ex  S.  C.  quod  in  arbe,  propiuive  wrbera  decern  miUSi/u* 
pattuum  esset  committum,  C.  Ctaudio,  Pratiori  ,  ,  .  i^ra  decimam  Japidtm 
per  Fora  Coudliabalaqat  C.  Maenio,  priaaquam  in  Sardinum  prorinnum 
traiuiret,  decrtta — and  soon  after  C.  Macoiua  wrote  a  letter  to  the  Senata 
acquainting  them — Se  ian  tria  mUlia  homimim  dammviae  et  creseere  tibi 
Qaaeathnem  indicUa.  (Llv.  XL.  37-  43.)  Comp.  Liv.  EjnL  XITIIL  TaL 
Mai.  IL  V.  3.  VI.  iiL  8. 

Bepcniid*«. — The  Crimen  E^elundarvm  (to.  pecuniannn)  in  ita  original 
etTmological  ugniGcation  denoted  a  charee  of  extortion  ptetbred  againM  a 
Boman  praviodal  governor.  The  provincial  who  brought  die  charge  were  laid 
according  to  andent  phnueolog]' — ret  reptlere — and  part  of  the  pnnishmeut 
inflicted,  when  an  offence  of  this  nature  was  proved,  was  a  reetitution  of  the  sun 
or  objects  illegally  appropriated,  and  benoe  such  mm  or  such  objects  were  Ra 
Sepetundae.  In  process  of  time,  however,  the  Crimen  Sepetundarvm  was 
held  to  apply  to  any  act  of  misgovemment  or  oppression  on  the  part  of  a  pro- 
vindftl  goveraor—mafc  adminiitralae  Prooinciae  crimen. 

During  the  earlier  ages  of  the  republio  we  find  Roman  magiatralei  aoooaed, 
from  time  to  time,  cither  of  extortion,  properly  so  called,  or  of  miagoveromsit 
generally.  Such  cases  were  sometimes  tried  by  the  people  directly  in  the 
Comitia  Centnriata,  or  by  special  Commissioner  appointed  by  the  Comitia,  or 
the  matter  was  referred  to  the  Senate,  who  I4>paiatcd  Commiasiouen  or  Mibmltled 
the  whole  matter  to  the  Tribunes  of  Uie  Plebs, ' 

Soon  after  the  termination  of  the  second  Panic  war  the  Lex  Poreia,  erf'  H. 
Poruus  Cato,  was  passed  with  a  view  to  check  the  malveraation  of  prorineia] 
govemort,  but  no  regular  court  was  institnted  until  the  passing  of  the  L^  Cat 
pttmia  (see  p.  334)  in  B.C.  149,  by  which  the  first  Quaeatio  Perpetwi  was  m- 
troduMd.  From  that  time  (wward  the  rapid  degradatttm  in  tha  morals  of  pnblie 
men,  demanded  a  series  of  enactments  each  more  compreheneive  and  more  sam* 
than  its  prsdeceasor,  and  all  equally  mefficaeiona. 

Theae,  taken  in  chronological  order,  woe — 

1.  Lex  ColpuTTuii,  B.a  149. 

I  Pot  innplH  ind  fllaMntlimi.  h*  Ut.  VI.  I.  X.  A  XXIV.  tt  XXVL  IC  M  n  It. 

xxtx.  a  iG.  xxxviii.  M  XXXIX.  a  s.  xlil  i.  xlul  z  i.  spit.  xux.  TA 


nnncu  PUMicA.  3A1 

3.  Lm  /nod,  MMtd  \tj  H.  Innioi,  &  Tribune  of  the  Pleba.     Date  nokiMmii. 
&  Lex  Serviba,  paned  bj  C    ilerviliiu  Glaacia,  Tribune  of  Un  Flebt. 

B.C.  106. 

4.  Xce  J<;ifia,  puwd  b7H'.AdIiiuGlabrio,Tribiu]eoftbeF1eba.   B.C.  101, 
e.  Lez  Cartidia,  pusMd  by  Snlla.     B.C.  81 . 

6.  Lex  lulia,  pused  by  lalio*  CaHir  in  bii  flnt  Connilghip.     B.C.  69. 

CoDaeqnenCly  ^  the  triali  De  Repetundii  in  which  Cicero  took  k  part,  e.|, 
that  of  C.  Verres,  B.C.  70— M.  Fonteiin,  B.C.  69— P.  Oppins,  B.C.  69— C. 
Hanilins,  B.C.  66— L.  Taleriiu  FIbcods,  B.C.  69- C.  Anloaioe,  B.C.  69— H. 
Aomiliua  ScaDnu,  B.C.  51— A.  GatHoiiu,  B.C.  64 — irera  under  either  the  £«z 
Cornelia  or  the  Xei  /uifo.  The  proceedings  sninst  Vans  aflbrd  an  example 
of  a  trial  De  Repetandia  under  tbo  La  Comtka  in  its  moit  complete  fonn, 
except  that  the  opening  epeech,  the  Actio  PriauL,  a  leu  fhl)  than  it  woold  hare 
been  nnder  difierecit  drcnnutances. 

VsImhi. — forgery.  No  special  law  against  this  crime  existed  imtil  the 
''~ie  oTSnlla,  by  vhom  the  Lex  ComeUa  dt  Faliia  was  patsed,  and  a  Quaeeth 
The  chief  offence*  of  which  Ihis  court 


Forejog, 
ill — Teila 


iog,  deetroying,  conesaling,  altering,  or  in  any  way  tampering  with 
•Teslamenium — jaltum  jcrtiitre — surripere — stipprimere — celare — 
ddtre—aUerlinere :  Signum  adaltermam  sculpere—facere — exprimere,  to. 

2.  Coining  bue   money,  &c. — Nummoi  aurtoi,  i 

3.  Bearing  blie  testimony  and  rormp^ng  witnenM — Ob  foUumtuSinomwm 
perldbaidum  vel  verum  nan  perhibendum  pecuman  aeeipere — dare.  Thia 
crime  was  provided  for  in  the  Code  of  the  Xlt  Tables,  and  punished  by  hnriing 
the  offender  trom  the  Tarpeian  rock. 

The  penalty  attached  to  the  Lex  ComeUa  de  Faltis,  as  indeed  to  all  the  lawa 
of  the  Cornelian  criminal  code,  was  Aquae  et  Ignis  InterdicHo. 

PecaiaiHB  d^wtes  the  embezzlement  of  public  property,  while  Ftirtitm  ia 
the  abstraotion  of  the  property  of  an  individuaL 

This  crime  waa  of  rare  occarrence  in  the  earlier  agca,  and  many  of  the  ttiaJa 
upon  record  were  tbe  resolt  of  party  feeling  rather  than  of  any  cormptiDn  od 
the  port  of  the  peiaon  accnsed.  Among  the  most  remarkable  wen  thoee  of — If. 
Farias  Camillne  (B.C.  391)  *— of  M.  Livins  Salinator,  afterwards  Consnl  and 
Censor'  (B.C.  219)— of  the  brothers  P.  Cornelius  Scipio  Afncaitas  and  L. 
Comelins  Scipio  Asiaticns  *  (B.C.  187)— and  of  M'.  Acilins  Glabrio  '  (B.C.  139.) 

We  learn  ^m  the  speech  of  Cicero  for  Hurena  (o.  20)  that  a  Qaatilio  Per- 
petva  had  been  eatablished  for  the  trial  of  cSaea  of  Peculattu  as  early  aa  B.C. 
90,  but  when  it  was  Erst  instituted,  and  ander  nluit  law  it  was  administered  we 
oannot  determine.  Whatever  the  law  may  have  been,  it  would  leem  that  it 
remained  in  force  until  the  enactment  of  a  Ltx  lulia  by  Julius  Csaar  or  Atigu>< 
tus.  In  tht  Lex  I-aUa  deP^cuIafu  was  comprehended  the  crime  of  5aertl<7ttan, 
in  so  br  as  it  extended  to  abetraoting  or  injuring  the  property  belonging  to  a 
temple  or  to  the  serrioes  of  religion. 


£  da  H.  D.  UL  U 
VIL  It. 


3:  VL  I.  H  Till.  L  I 


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


S52  TDDICU  PUBLIC  A. 

The  Crimen  de  Pecuniu  liesiduis  was  close);  ranneeled  whb  the  fVnn«> 
de  Peculalu.  Looking  to  the  etymalog;  we  ebould  be  led  to  bdieve  that  it 
original);  signified  a  prosecution  for  tlie  recorerv  of  a  balance  of  pnblic  monej, 
remaining  in  the  bauds  of  some  official  who  bad  not  aooonnted  full;  to  the 
governnieut.  Faiutui  Sails,  Boa  of  ibe  Dictator,  wm  frequent);  threatened 
with  Ml  impeuchment  of  thia  natare,  in  reference  to  luiua  received  b;  hie  father, 
but  DO  trial  actnall;  took  plaoe. '  The  Crimen  de  litndau  formed  one  of  the 
chapters  in  the  LtJc  IvUa  de  Peealata. 

ABbliHi — Br&ery  emploved  h;  a  candidate  for  aoniG  pablic  office  in  order 
to  secure  hie  election.  Tliie  offence  wan  almost  trnknovrn  in  the  earlier  ages  oi 
the  republic.  Iaws  were  indeed  enacted  from  time  to  time  wboec  olject  wae  to 
check  the  eagerness  of  rival  competitors,  eucb  as  that  passed  in  B.C.  432,  pro- 
faibitinf;  cAndidatefi  from  wearing  a  conspicuons  drees ;  (p.  ^11 ,}  and  the  Lex 
Poetelia  of  C.  Poetclius,  Tribune  of  tbe  Flcbs,  B.C.  S58,  btcuded  to  repress  the 
exceseiTe  zeal  diEpla;ed  in  canrasiiog  (Lit'.  VII.  16.)  TowanU  the  close  of  the 
commonwealth,  however,  bribery  prevailed  to  an  extraordinai;  extent,  and  wai 
lodnced  to  a  regular  B;stem.  There  were  Brokers  (Interpretes)  nho  undertook 
to  arrange  tiie  terms  upon  which  the  votes  of  electors  were  to  be  purchased; 
Traslces  {Sequeilrei)  in  whose  hands  tlie  mone;  agreed  upon  was  deposited  until 
the  service  was  performed ;  and  Dbtributors  {Dieitoreg)  who  portioned  out  the 
mm  among  tbe  veua]  citizens.  These  proceedings  became  notorious,  and  % 
■oies  of  enactments  were  passed  in  rapid  suocession  for  the  repression  of  such 
practices,  encb  more  severe  than  its  predecessor ;  but  as  happened  De  lUpeltin- 
dis,  the  temptation  proved  too  strong,  and  the  crime  went  on  increasing  in 
enormity  until  tbe  Gnal  overthrow  of  the  constitution.  Tbe  laws  De  AiMlUf 
taken  in  clironological  order,  were  the  following : — 

1.  Lex  Comdia  Baebia,  passed  by  the  Consuls  of  B.C.  181,  P.  ( 
Cetbegus  and  M,  Bncbius  Tamphiliu.     Of  its  proviiuons  we  know  nothing. 

2.  Lex  ConteUa  Falvia,  passed  b;  tbe  CodsuEs  of  B.C.  169,  Cn.  Come 
Dolabella  and  M.  Fulvius  Kobilior.  Tboee  convicted  under  Ibis  law  were  di>> 
qualified  from  standing  for  nn;  public  ofGce  for  ten  ;ean.  (Liv.  Epit.  XLTU. 
Scbol.  Dob.  in  Orat.  pro.  Sull.  6.) 

8.  Lex  Maria,  passed  by  C.  Marius  when  Tribune  of  the  Plebs,  B.C.  119. 
Some  scholars  believe  that  this  wae  tbe  law  under  which  the  Quaettio  Perpetua 
de  Ambitu  was  esUblUbBd.     (Cic  de  Legg.  III.  17.  Flut.  Mar.  4.) 

4.  Lex  Fabio,  proliilHting  the  candidates  from  bdng  escorted  b;  a  long  tiMn 
of  client*  and  followers — De  numero  Sectatorum.     (Cic.  pro  Murcn.  34.) 

5.  Lex  Acilia  Calpumia,  passed  b;  the  Consuls  of  B.C.  G7,  C-  Calpamini 
Fiso  and  M'.  Acilius  Glabrio,  of  a  more  stringent  character  than  its  predecessors 
— severiutDie  scripts  (Cic.  pro  Muren.  23.)  It  imposed  a  pecuniai;  fine  on 
those  convicted,  and  disqualified  them  from  ever  beoooiing  candidates  fbr  an; 
public  office.  Tbe  necessity  for  a  new  law  had  been  nude  manifest  b;  tM 
notorious  bribery  resorted  to  by  tbe  i^nta  of  Venes  in  B.C.  70,  in  order  to 
prevent  Cicetv  from  belog  elected  Aedile. 

6.  Lex  TiilUa,  passed  by  Cicero  when  Consul,  B.C.(i3.  He  proposed  this  law, 
which  was  much  more  severe  than  the  Lex  Ca^urnia,  (tnuUo  leverior  fuain 
Qilpumia,  Schol.  Boh.  in  Vat.)  in  consequence  of  the  corrupt  practices  of  his 
oompetiton  of  tlic  preceding  year,  Catiline  and  Autonius.  In  addition  to  tiia 
peskaltie*  fixed  b;  the  Lex  Catpumia,  it  was  enacted  that  those  convicted  should 


auBL  U.  u  4t  LCf.  1 


iooglf 


lUDICIA  iniBLICA.  353 

1  for  ten  fUn.  iinuj  prsdicM  were  prohibited  irbidi  teoded  to 
iufluoice  the  olecton  impcoperly,  even  wben  moae;  wu  not  ofiered,  luoh  as  the 
preWDCa  of  crowdi  of  hired  nlteudants,  public  bflnqueU,  nnd  ilio  exhibition  ot 
gladiUorial  thons,  except  under  peculiar  cirmnislaDces.  (Ciu.  pro  Horeii.  82, 
in  Va^.  15.) 

7.  Iai!  Lieinia,  puaed  bf  M.  Liciuiiu  Cnuaos  when  Conid,  B.C.  65.  Tliia 
Teierred  chiefly  to  the  mppreaioa  of  electioneering  daba,  (todalUala — loda- 
litia,)  the  membcn  of  which  (todala)  acted  as  bribing  agenti.  A  Senatiu- 
CotuttUum  to  tlie  same  effect  had  been  passed  the  year  before.  The  pnniabmeat 
inflicted  wu  Aquae  et  Igitu  Iitterdictia ;  but  the  chief  peculiarity  and  hanhnei* 
of  tbe  law  lay  iu  tbe  coistitntion  of  the  Jtirf,  which  was  composed  of  ludica 
Editieii,  (see  p.  341,)  a  majority  of  whom  were  rirtnallT  nomiaated  bj  the 

Coder  this  law,  Cn.  Plandiu  was  tried  in  B.C.  64,  aud  the  speech  of  Ciuero 
in  his  defence  is  still  extant. 

8.  Lo!  Pompeia,  passed  by  Fompeiua  Magnus  b  his  thiri  Consnlsbip,  B.C. 
52.  Tbe  changes  introdnced  by  this  law  related  chiefly  to  the  Ibrm  of  proctai, 
which  was  shorteoed  and  simplified,  aud  thus  the  escape  of  the  gulty  was  na- 
dered  less  easy,     finally,  we  bare 

9.  Lea  luUa,  passed  bj  ADgustDi,  B.C.  18,  in  oonaequence  of  tbe  disturbancca 
which  took  place  at  the  Constuar  Ccnnilia  of  B.C.  22,  during  his  absence. 

PHBlabncBia  reeOKBlscd  !■  BaHsa  CrlnlBal  I«ir>— Of  these  we  may 

specially  notice — 

1.  Mara.  The  punishment  <^  death  appean  to  hare  been  inflicted,  not  unfre* 
quently  in  the  earlier  ages,  by  hanging,  (in/tlici  arbore  rate  iiupmdere,} 
scourging,  and  beheading,  (yirgit  caedtre  lecuiique  ferirt  i,  ptrculere,)  and 
hurling  &om  the  Tarpeiau  n>ok  (_de  xixo  Tarpeio  deiicere.)  '  By  d^rces, 
however,  the  sacred  character  with  which  the  person  of  a  Roman  citisea  was 
mveated,  rendered  capital  punishmenla  much  leu  frequent,  and  for  a  long  period 
before  the  close  of  tbe  repoblio,  judicial  executions  may  be  said  to  have,  in  a 
great  measure,  been  abolished.  Indeed,  the  right  which  every  one  accused 
poeaessed  of  remaining  at  large  npou  bail,  until  Us  trial  was  concluded,  always 
placed  it  in  the  power  of  a  criminal,  when  he  perceived  that  condemnation  was 
inevitable,  to  escape.  The  atrest,  imprisonment,  and  death  by  strangling, 
(taqtuo  gulam /rangere,)  of  Lentnlus  and  Ccthegus,  took  place  under  ciicam- 
staooes  tltoeetber  unpreoedented,  and  it  mast  be  remembered  that  they  wer» 
never  brought  to  trial. 

2.  Sacralio  Capita.  In  the  earlier  ages  also,  the  penalty  attaclied  to  tlift 
violation  of  certain  laws,  hence  tamed  Leget  Sacralae,  was  Sacralio  Capitii  ; 
that  is,  the  offender  was  declared  to  be  Saeer,  i.e.  devoted,  lif^,  family,  and 
property,  to  a  ddty,  and  might  be  slain  by  any  one  with  impunity,  the  act  of 
putting  him  to  death  being  regarded,  not  as  mnrder,  but,  as  it  vrcre,  a  sacrifloe, 
a  presentation  to  tbe  deity  of  an  object  which  belonged  to  bim.  Thna,  accoiding 
to  tbe  definition  of  Festus,  (i.  v.  Sai,~ratae,  p.  318)— -iSucrafas  lega  sunt  /juiima 
tanctum  ett,  qui  quid  adverstis  eai  /eceril,  sacer  alicui  deorum  sicut/aimUa 
peevtiiague;  and  again — nequefas  ett  eum  iiamolari,  std  qjiiocddil,  parricidi 
non  damnatur.  Such  was  the  uw  of  FopUcola— i/e  lacrando  cum  bonit  capitt 
CHU  gut  regtti  oceupandi  coruilia  iititset;  (Liv.  II.  8 ;}  and  such  was  the  Ian 
ia  virtne  of  which  persons  of  the  Plebeian  magistrates  became  aacroiancti — Mm 


v-lc 


9&t  nmiou  puBLicA. 

bg»  TrSnmicia  prima  caveiur,  n  quit  turn  qui  to  pUbd-seita  laeer  ^tetidtfit, 
fonidda  ne  alo  (FesL  i.  r.  Saeer,  p.  318,  oomp.  what  hai  been  Mtd  in 
Ch^i.  V.  p.  176). 

8.  Aqaae  el  Igras  IiUerdictio.  On  tbe  natore  of  tbii  pmithment,  u  writ  a* 
■M  the  meaning  of  the  wordi  Ex^ium,  Reltgalio,  md  Deportalio  m  tttm 
i^iokm  in  p.  114. 

4.  Servitiu.  Ife  hBre  already  adverted  to  thow  offenoeg  whidi  nodnad  m 
otiien  liable  to  be  sold  at  a  alsTe,  (p.ll3,)inast  of  vliich  were  Id  reali^  biMOlwa 
of  miiitaiy  diadpltne.  We  have  ijao  poioted  oat  tbe  aeveri^  with  wfaicfe  the 
ancient  law  visited  insolvent  debtora ;  and  hy  the  XU  Tablei,  a  nmilv  hto 
awail«d  tbe  Fitr  Mani/atia.  Thui  Gaius  (III.  g  189) — Poena  Matujitti  FiuH 
<m  Itge  XII  TobuUxntra  capitalit  eral  nam  liber  eerberattu  addktbalMr  tiMii 
furtuvi  fecerat;  and  Anlna  Gellius,  aStxx  Cato  (XI.  13} — Fara  TrrtmtonuR 
fuTtoram  in  ttervo  abpte  in  compedibiu  aecatem  agunt ;  but  lawjen  did  oci 
agree  as  to  whetbei  nicb  peraans  conld  be  strictlj  regarded  as  bIbvcb.  Tbe  (Igoiii 
«f  tbe  anoieDt  oode  upon  both  the«e  poinu  was  relaxed  as  tbe  state  adTHnoed  in 
«iTiiiKitioti :  after  tbe  paamng  of  the  Lea  Poeleiia  Paptria,  (B.C.  826,  liv. 
Till.  28,}  a  vedilor  oouM  no  longer  attach  tbe  person  of  his  iBbtor—peeuniat 
creditae  bona  dAborit  rum  corptu  obTuaiam  etset;  and  bj  dagreea,  in  virtue 
«r  variona  Pnetorian  ediets,  theft  of  eveiy  desoription  was  regwded  as  bilmg 
under  the  head  of  Obligationea  em  delicto,  and  as  inch,  fonned  the  gionud  of  a 
inirelj  Civil  Action  (pp.  812,  317}.  In  point  of  foct,  even  whmi  tbe  pnoi^- 
ment  was  most  terere,  and  most  rieoronslj  exacted,  it  does  not  appur  that 
[ooeecutions  of  insolvent  deblon,  and  of  /Wrei  Mani/eili,  were  avar  regarded 
•a  ludiaa  PubUca,  bnt  were  alwajs  ccndncted  before  the  dvil  magiatnte. 

In  like  manner  No*ae  Deditio  was  altogether  a  dvil  procednre.  This  took 
nlaoe  under  the  following  cinnmutanoe.  If  a  son  la  Potettate,  or  a  ilavv,  had 
ieea  guilt;  of  Fia-tum  or  Iniuria  on  the  property  of  another,  it  ooaetitnted  n 
ObUgalio  ex  deiicto  against  the  ftther  or  master,  and  the  penon  wronged 
■nigbt  bring  an  Actio  Noxalii.  Id  this  case  tbe  father  or  master  m^;tit  ra«r 
abide  the  result  of  tbe  luit,  or  he  might  at  onee  settle  the  daim  bj  ■"'^i™'g  o*W 
tbe  offender  b;  Maneipatio  to  the  plaintiff,  and  this  Enmndo'  of  the  MtaoB  ol 
tbe  oftnder,  as  a  oompenastion  to  tbe  inSerer,  was  legallj  teiniea  JVoMM 
Dtditio,  and  the  oCTender  was  said  ex  nozaU  cauta  viancipio  dari. 

d.  Career.  Viactda.  Smple  imprisonment,  that  is,  imprisonmait  not 
combined  with  slaver;,  doea  not  Mem  to  have  been  issorted  to,  midar  the 
republic,  as  a  puniahmetit. 

A  penon  accosed  of  an;  heinona  crime  might  be  deUuned  in  priaon  nntQ  hia 
guilt  or  innccenoe  was  dedded  by  a  trial,  but  after  the  prooeedinga  whidi  Mdt 

C:  at  the  impeadunent  of  Eaeso  Quicctias,  in  B.C.  461,  it  seem*  to  tevs 
established  that  an  accnaer,  although  he  might  reqoire  tbe  aoooaed  to  givi 
bail  for  hit  appeaianoe,  had  no  right  to  throw  him  into  priaon  if  aoiMiaa  eould 
be  fbnikd,  indeed  soch  imprisonuient  would  have  been  altogether  iimisiMliiil 
with  the  lull/  r«ocgnised  right  possessed  b;  everf  Boman  diizen  wben  public^ 
impeached,  of  withdrawing  into  voluntaiy  exile  at  an;  period  before  Ui  giwt 
had  been  fnrmallj  pronouooed. 

In  cases  of  citraordinaiy  emergeno;  ontj,  when  the  safety  of  the  whole  ttata 
was  in  peril,  and  when  the  vorat  consequmota  mi^t  bave  beoi  apprehended 
faHn  permitting  a  suspected  traitor  to  remain  at  large,  the  SenUe  assmned  tbe 
nsponiibility  of  committing  bim  to  prison.  Of  this  we  End  an  example  in  tha 
proceedings  adopted  towards  some  of  tboae  who  won  amauwl  of  participatiii(  in 


icDKU  pmucA.  S5S 

the  oiNwpnc^  of  CuQiiw.  But  except  m  on  aztrBne  oue,  even  n ben  it  ith 
darned  neoeiMrj  to  lefiiM  ordinarj  bail,  a  more  gentle  reetniut  ins  impoaed,  and 
the  indiTidas]  wu  placed  b  what  was  termed  Ctutodia  Libtra,  that  U,  he  wu 
out  sent  to  gaol,  bat  waa  mtmsted  to  the  charge  of  one  of  the  higher  MagiitiUM, 
or  of  a  Senator  of  da«tiiictioD,  who  became  -eepoosible  for  his  sUe  keepioj;.  > 

5.  Mulcla.  The  inflictiixi  of  pecuiiaiy  Sati  u  a  penaltj  for  certain  oDencM 
wu  oommon  bom  the  earliest  times,  and  at  the  eonuneucemeot  of  the  reptiblio 
the  Conanla  neem  to  bare  auamed  a  diacietioDaiy  power.  Thia  iraa,  however, 
regnlated  and  limited  bj  the  Lot  Atemia  Tarpeia,  passed  b;  Aolos  Alemas 
and  8p.  Tarpeioi,  whea  CodeuIs,  B.C.  454,  after  which  no  magistrate  in  exer- 
<use  cJ'  snmmaiy  jnrifdiction  ooold  impose  a  fine  bejond  a  certaio  Gzed  limit, 
and  when  the  pmulif  proposed  exceeded  this  it  beoama  the  sntuect  of  a  '  "  ' 


Poeim  C<^>Uali» — Crimen  CBpilale — ludiciim  Capitit — Cauta  Ca^ia3i» 
—AUquem  rervm  capUaliunt  reum  facere — Aeeuaare  ra  eapitalia — Facmora 
eapiUdia  faetre—FratuUm  capittdaa  admiOere — on  the  trae  uguification  of 
these  and  aunilar  phrases,  see  p.  113. 

Under  the  empire,  new  and  cruel  pnniahments  were  introduced,  inch  as  com- 
pdlmg  orinunals  to  6ght  with  each  other  as  Gladiators,  or  with  wild  beasts, 
(dart  ad  bestiat—beMlai  obiicere — conderanare  ad  beitiai — tradere  ad  batiat 
o^itignandM ,')  tmnung  to  death,  which  waa  not  unltequentl;^  earned  into  exe- 
cution bj  clothing  the  victim  in  a  shirt  steeped  in  pitch,  iTtauca  moleita,) 
and  then  aettuig  it  oo  fire ;  and  various  other  toitnree.  These,  however,  were 
generaUj  infiicled  upon  oolprits  of  the  loneet  class  only,  criminals  of  disdnctioD, 
espedalfy  tiiose  convicted  of  ofiencea  against  the  state,  beiDg  generallj  permitted 
to  choose  whatever  ferm  of  death,  bj  their  own  hands,  appeared  U>  tbem  leaat 
MiikfbL 

Plssdcs*  ■>  Ctrit  mm*  Crtntlml  Triab. — As  long  as  Criminal  Trials  were 
held  in  the  Comitia,  or  before  Commissioners  speciallv  appointed  bj  the  Comitia, 
th«  aoouier  was  the  nuigisliata  by  whom  the  Assemhtj  had  been  soEomoned,  and 
the  accused  conducted  his  own  deTeoce  in  person,  aided  only  by  his  nearest  rela- 
tioos.'  We  find  no  trace  of  the  accuser  having  received  aanstance  until  B.C. 
149,  when  Cato  is  represented  as  having  acted  as  a  Sid>icriplOT  (p.  339)  to  the 
Tribmie,  Scribonius  Lil>a ;  and  on  this  occasion  also,  Sergiua  Galba,  the  aoctised, 
was  deAnded  hj  Fulvius  Nobilior,  who  had  no  immediate  concern  with  the 
cause.  It  may  be  doubted,  however,  whether  the  procedure  in  queMJon  waa  in 
ihe'brm  ofar^^tdar  judicial  impeachment*  It  is  certain  that  up  to  this  period, 
the  exitlenoe  of  a  chtss  of  persons  who  made  it  their  chief  occupation  la  under- 
take the  impeachment  or  defence  of  accused  peraous,  in  whom  they  felt  no  direct 
peisouai  intereat,  was  entirely  unknown.  But  ia  the  very  year  above  mentiooed, 
the  Gral  Quaalio  Perpetua  was  btrodnced  by  the  Lex  Calpurma,  (p.  334,) 
and  a  new  older  of  things  rapidly  arose.  The  law  De  Pepetwitda  waa  btended 
expitsalj  for  the  protection  of  the  provbdals  against  the  oppression  of  (heir  Soman 
p>van>MS ;  but  it  was  impossible  for  the  injured  parties  to  appear  penonallj  as 
accusers  b  the  Bonun  courts,  and  the  services  of  a  magiatme  were  no  longer 
necessary.  Hence  the  accusers  would  nalnrally  seek  to  obtain  the  assistance  (tf 
(hat  individnal  who  was  likely  to  conduct  their  cause  with  the  gieateat  amount 

I  kltatt.  Cot  ft.  4a  Si&    Cla.  In  Cat.  IV.  S.    Tuolt  Ann.  VL  X    Dl< 
1  AnL  0«ll.  II.  1.    DI011T1X.M.    Clad*tt.lL8a.    Futu  -  "   " 

■  LIT,  III,  t.  a  TiiL  n  ixxTiiL  h.  dioujl  x.  s 

•LIT.  Edit  XLa     Ola,  BmL  U,  di  OtiL  L  AL    Til.  Hu.  VIU.  L  I. 


366  KTDICU  PUBLICA. 

of  ability  and  ual;  vliile  the  defendant,  if  not  gified  nith  native  power*,  woald 
■oon  f<!el  tho  necessity  of  adopting  the  same  course.  On  the  other  hand,  it  waa 
■oon  found  that  the  neir  Courta  afforded  an  excellent  stage  for  the  diapUf  of 
oratorjand  irit,  and  that  in  no  waj  coold  a  j'oang  ambitiooa  man  mora  Epeedily 
or  more  effectually  make  known  his  talents  for  pnbhc  business,  and  secure  ttM 
support  of  admircra  and  partiiani.  Thus  the  valne  of  eloquence  and  dialectic 
skill  became  every  day  more  and  more  erident,  and  the  art  of  forensic  speaking 
was  more  and  more  cultivated,  until  it  reached  its  colminating  point  in  the  age 
of  Cicero,  when  eucceu  at  the  Bar  opened  np  one  of  the  most  direct  avenues  to 
politicnl  power. 

Those  who  thus  andertook  to  represent  another  in  a  Coort  of  Jnstlce,  dis- 
charged one  of  the  itnticg  most  imperative,  in  andeot  times,  on  Patrons  in  rela- 
tion to  their  Cheuts ;  and  hence  the  general  name  for  a  pleader  in  a  Coiut  of 
Jostice,  whether  Civil  or  Criminal,  who  acted  as  counsel  for  another,  was 
Fatronus.  Any  one  learned  in  the  law,  (ium-coumitou,)  who  was  called  in  to 
give  his  advice  on  legal  technicalities  and  on  the  best  mode  of  condnctiog  tlie  case, 
was  termed  Advocatus;  but  this  word  was  never  employed  to  denote  a  Pleader 
until  the  impcrini  times. '  In  the  earlier  period  of  tbrensio  pleading,  it  was  tbe 
practice  for  a  Palronus  to  conduct  tlie  whols  cause  mtmsted  to  him  singie- 
banded ;  but  it  graduHlly  became  customary  in  impeachments,  for  tlie  accuser 
to  be  aided  by  Suhtcriplores,  who  spohu  oocasionally,  but  played  a  part 
altogetlicr  subordinate  to  tliat  sustained  by  the  leading  coonsel.  The  number 
of  these  assistants  varied,  one,  two,  and  three  being  mentioned  in  different 
processes.*  But  while  there  was  only  one  leading  counsel,  assisted  bj  rnbordi- 
nate  Siiiseriptoru,  for  the  impeachment,  the  atrangtraenls  for  the  defence  irere 
diff'erent.  Here  tbere  were  several  con nscl -in-chief,  all  alike  distinguished  by 
the  name  of  Palront,  the  ordinary  number  being  fonr,  which  was  sometimes 
increased  to  six,  as  in  the  case  of  Scaurus,  and  occasionally  rose  as  high  aa 
even  twelve.' 

Time  allowed  for  Speaking.  It  is  uncertab  whether  any  restrictions  were 
placed,  at  an  early  period,  on  flie  length  of  time  during  which  a  pleader  might 
ipe^.  The  author  of  the  Dialogue  on  the  Decline  of  Eloquence  ascribes  (36) 
the  introdnction  of  a  regidatioo  c?  this  nature  to  Pompeius,  by  one  of  whose  lawa 
fbr  the  regulation  of  the  Criminal  Courts,  the  speech  of  the  accuser  was  limited 
to  two  hours,  and  that  of  the  defender  to  three ;  *  but  it  is  clear  &om  the  worda 
of  Cicero  upon  several  occasions-r--^i  "tor  ad  dicendum  rtuo  Ugilifno  tempore 
(In  Yerr.  Act.  I.  11) — Nisi  omni  tempore  QUOD  WHi  leoe  caNCESsmi  est 
oSmu*  ero  (In  Terr,  I,  9.  oomp.  pro  Place,  83.) — that  some  limitation  must  have 
been  imposed  at  an  earlier  date,  although  we  know  not  the  precise  nature,  nor 
tbe  extent  of  it,  nor  whether  it  waa  rigidly  enforced. 

Remuneration  of  Pleaders.  Although  a  great  number  of  peraona,  during 
tbe  last  century  of  the  republic,  devoted  themselves  to  the  business  of  the  Law 
Courts,  in  cases  both  Civil  and  Criminal,  the  Profution  of  a  Pleader,  as  a 
means  of  gaining  money,  was  absolutely  unknown,  the  only  reward  waght 
being  fame  or  political  influence.    The  position  occupied  by  the  Pleader  being, 

>  Clo.  ill  Off.  LIS.  n.  l4.il>0nt.II.Ti.lBV«T,  ILsapro.ClDnit  4(LpraSDlLB  BnMon. 
Cland.  IS.  ss.  OMog.  im  cMa:  C  K.  I.  QnlnUI.  L  a  IV.  1.7.  VI.It.  &  Flln.  Epp.  L  !^ 
IIL  4.     PHnd.  AlBon.  In  Clct.  DIt.  In  Q.  C  4. 


pro  Forwl.  11.  pFo!nua.31  praUnlvn  !T.  pwCsil    Dl<.  Ii 

i>fPin.iJ..iHioii.Erp.Klhin.viii,g.  V.l.M«i.IV.lf.4.  AMatLlaMll 

r^m.  In  CJe.  pm  ^un    Dldsi.  d*  naa.  C  E.  98. 

rfum.  In  MllonKn.    Cla  Brut  M.  da  Flnb  IV.  1.    Mm  Ctai.  XL.St. 


L^SIC 


ICDICIA  PUBUCA.  3&7 

in  prindpk,  that  of  r  Fstion  to  a  Client,  it  wu  conu  Jered  diirepntable  to  teed** 
peomuuy  remnnentioTi,  or  even  pfla,  for  eiccnttDg  a.  taik,  the  doe  perfonnaoot 
of  wliich  vu  ■  ucrcd  daXj.  Honevcr,  u  early  m  B.C.  201,  the  Lex  Cbicia 
Muneralit  vw  puied — qua  eavtiitr  tu  quit  ib  cautam  oraiuiain  ptcuniam 
donmmx  accipial ' — which  [votm  thU  the  practioe  of  MMepting  feet,  in  (Sril 
SuiU  at  ItttBt,  had  at  lliat  eirlj  epoch,  begun  to  excite  attaitioii,  and  to  call  tot 
k^lative  interfereace. 

After  the  oveitbrow  of  the  n^blic,  the  poaition  of  Pkaden,  with  regaid  to 
the  people  at  large,  waa  entirdr  changed.  Iho  Utter  were  no  tooger,  as  fbrroeriy, 
the  dUpeiucn  of  all  political  disliuctiona,  and  therefore  the  fonoer  had  no  longer 
tliB  s.ime  itidncemeuta  to  conrt  their  favour.  Moreover,  the  most  Important 
Criiniiial  Trials  now  took  place  ia  the  Senate,  from  whoee  delibcralioDB  the  pablie 
true  excluded.  Hence  porsont  could  not  be  caiily  found  williog  to  devote  their 
time  and  talents  to  ihc  Ecrvice  of  iboac  from  whom  the;  could  obtain  □□  acknow- 
ledgmeat,  and  the  practice  of  taking  feeneema  to  have  rapidly  become  geueiaL 
AognMna  endeavoured  to  restore  the  ancient  disdpline  in  this  matter,  b;  pasting 
an  enactment,  that  Fleaden,  convicted  of  Laving  accepted  remnncratioa,  ghoolS 
be  Gompellod  to  reCiuid  the  amonnl  fourfold ;  but  from  the  change  of  circom- 
ttances,  it  ia  maoifeat  that  luoh  a  regula^on  couEd  not  have  been  enforced  with 
advantage  to  those  parties  irhom  it  naa  intended  to  protect.  Acoordio^j,  w« 
read  that  Claadins,  when  a  proposal  was  made  during  his  reign  to  revive  the  Let 
Cincia,  found  it  expedient  to  fix  the  maximum  wliidi  it  should  be  lawful  fbr  a 
Pleader  to  receive,  (10,000  sesterces,)  inglea<l  of  making  a  vain  .ittempt  to 
forbid  the  practice  oltonither.'  Prom  this  time  forward,  pleading  at  the  bar 
became  fullj  recognised  as  a  Pro/anon,  in  tlie  modem  acceptation  of  the 
word.  Those  who  fbllowed  this  caJling  wen  now  usuallj  termed  Caiaidici; 
and  Juvenal,  when  complaining  of  the  wont  of  enooursgement  fbr  men  <^ 
letters,  reckons  the  Caatidici  among  those  whose  exertions  were  iuadeqnatelf 
reivarded. 

It  may  be  seen,  from  tlio  examples  given  b;  Valerius  Maximus  (VIII.  iiL) 
that  women  were  not  problUted  from  pleading  in  a  Coiu4  of  Justice. 

Offences  comirdtted  by  PUaden.  We  have  seen  above,  that  after  the  ins& 
tution  of  the  QuoMltonu  PerpeX'WX.,  it  was  competent  for  any  Boman  citiien  ta 
prefer  a  charge  in  these  Conrts. 

This  privilege  might  be  abused  in  various  ways,  and  in  process  of  time  it  wat 
found  necessary  to  restrain  certain  offences  connected  with  public  proseoatloM 
by  penal  enactments.  The  offences  against  which  these  st^utes  were  directed 
were  chiefly — 

I.  Tergiva-natio.  3.  i^oeuantvitio.  S.  Calumrda. — Aceutatoruni  te- 
tneritas  Inbia  modi*  detegitur  el  trtbiM  poenis  subikitur,  aut  enim  cu-mcfUii- 

Tira,  aut  PRAErABICAKTUn,  aut  TEBOIVERBAHTUB. 

The  nature  of  tbese  we  shall  briefly  explain. 

1.  Tergiiierisatio.  When  an  accuser,  after  having  brought  a  charge  against 
any  iudividnal,  was  induced,  by  corrupt  motives,  to  abandon  the  accusation, 
ather  by  not  appearing  on  the  day  fixed  for  the  trial,  or  by  formally  abandoning 
the  ease  before  tiio  triid  had  been  brought  to  a  r^nlar  ooncluuon,  he  was  said 
Terffiveriari.  lie  result  of  such  a  step  was  the  erasure  of  the  name  of  the 
defaidant  from  the  roll  of  accused  persons ;  and  during  the  period  of  the  repobUo 

1  Tacit  Aun.  XL  1. 


8S8  lUDtcu  evBUCi, 

DO  proeeedingi  Beem  to  hare  been  taken  agsiiut  the  uanaer,  who  would  mmlj 
taaez  genenllj  in  character.  But  the  practice  oT  extorting  moaejr  bylhreainiea 
proMcntiou  became  bo  trequect  under  the  empira,  that  io  the  reign  of  Nero,  • ' 
meunre  was  passed  bj  C  Petroniue  Torpilianus,  Consul,  A.D.  61,  dted  loiDe- 
timet  as  the  Lez  Petronia,  aad  BOmetimei  as  the  Senatas-Contultum  Turpi- 
Uanum,  in  tenns  of  which  Infamia  (p.  114)  and  a  fine  of  five  pouudi  we^t 
of  gold  were  inflicted  upon  any  one  convicted  of  Tergiveraalio, 

2.  Praevaricatio.  llTien  an  accuser  wa«  induced,  by  corrupt  motives,  to 
eonduct  his  cue  in  such  a  manner  as  to  secure  the  acquittal  of  the  accused, 
which  might  Kc  done  in  many  ways — as,  for  example,  by  passmg  over  lightly 
the  moat  important  charges,  or  by  retraining  from  calling  the  most  important 
witnesses,  or  by  challenging  upright  jurors,  and  allowing  those  to  remain  wh» 
were  known  to  be  &ieniUy  to  the  defcndaiit, — he  was  said  PraevaricarL  We 
find  no  traoes  of  any  separate  enactment  directed  spedaliy  against  this  offeacfr 
before  the  imperial  times,  although  the  practice  became  common  towards  the 
close  of  the  repablic,  at  the  period  when  so  many  of  the  Criminal  Trials  were  of 
a  poUtical  and  party  character ;  but  various  laws  seem  to  have  contained  rlnnan 
providmg  for  the  punishment  of  such  treachery.  Any  one  whose  acquittal  had 
notoriously  been  procured  in  this  maauer,  could  agiun  be  brought  to  trial  for  the 
same  offence.  The  new  accuser  was  bound,  in  the  first  instance,  to  impeach 
the  former  accuser  befoie  the  same  Court  nhieb  liad  prononnoed  the  aoqmttal; 
and  if  the  tint  accuser  was  found  guilty  of  Pratoaricaiio,  the  condemnation  d' 

'  tlie  original  defendant  followed  almost  as  a  matter  of  course. '  The  panishmeiit 
for  Praevaricatio  was  first  placed  npon  a  formal  foodng  by  the  Lex  Petronia, 
spoken  of  in  the  bst  section. 

We  have  examples  of  trials  for  Praevaricatio  in  the  case  of  Livius  DmnUf 
who  was  charged  with  this  crime  *  in  B.C.  54,  but  acquitted ;  and  of  M.  Serri- 
lias  Geminus,  whose  case  is  detailed  by  Coeliusj  (Epp.  ad  Fam.  VIII.  8  ;)  and 
if  we  can  believe  Cicero,  the  motive  which  induced  Q.  CaeciliDB  to  set^  the 

Eriviiege  of  impeaching  Verres,  nas  a  desire  to  procure  his  acqnittaL  (See 
ijvin,  in  Q.  C.  passim.) 
The  term  Praevaricalio  is  sometimes  employed  in  a  general  sense  to  doiota 
the  conduct  of  a  Patron  who  willidly  betrays  the  interests  of  his  Client,  and, 
thus  might  be  employed  to  denote  the  treachery  of  a  Pleads'  who  aideavonred 
to  procure  the  condemuatian  of  the  party  whom  he  was  ostensibly  deftnding; 
but  this  is  not  the  technical  and  legal  import  of  the  word, 

3.  Caliannia.  This  word,  in  its  most  gcnenl  acceptation,  Is  used  to  denote 
any  fraud  or  treachery  on  the  part  of  one  engaged  in  oonducting  a  Criminal 
Tnal,  and  hence  comprehends  the  two  ofTencea  already  spedGed.  It  is,  however, 
for  the  most  part  employed  in  a  more  restricted  sense  to  sigmfy  the  (Time  <€ 
wilfully,  and  with  malice  aforethought,  preferring  a  false  accusation — in  the 
language  of  the  jurists — Calumnioaui  est  qui  scieiu  pmdeniipie  per  fravdem 
negoiium  aUaii  comparat.  From  a  very  early  period,  an  accused  person  had 
the  right  to  administer  to  his  accuser  an  oath  called  /tuiuronijuin  Ctxbtmiaat, 
in  terms  of  which  the  latter  made  a  solemn  declaration  that  he  uncerdy  believed 
in  the  guilt  of  the  accused.  An  oath  of  this  description  seems  to  have  beat 
dananded  as  a  necessary  preliminary  in  the  various  taws  providing  for  the 
--■-"-"-jation  of  Criminal  Justice — Si  deiuravtril  Calumniae  eauta  noit  pot- 

^ILdaS■l>et.^7.  MalKltDH.    FUDEpp.  IIL& 

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


lUDtCU  JCBUCA. 


35» 


tulorv — and  benoe  inj  one  nupected  of  hSTing  taken  ttiia  oath  &Iselj,  na* 
liable  to  impeachment.  ■ 

A  Lex  Rtmma  wu  poued  under  the  repablic  Tor  the  reprenion  of  Catumnia; 
bat  irben,  or  hf  whom,  is  not  known.  Nor  are  we  acquainted  with  ita  provi- 
non*,  eioept  in  so  &t  that  it  has  been  inferred,  fiom  a  pamgg  in  Cioero,  (Fn> 
Boso.  Ainer.  19.  20.)  tbat  branding:  upon  tbe  ftirdiead  (vrith  the  letter  K)  wa» 
ooe  of  tbe  penalties. 

Tke  PanicB  !■  crlaalaBl  'JTHmls. — In  addition  to  what  baa  been  aaid  above, 
ft  msT  renuuk,  that  the  ternu  Actor  and  Eeiu  (p.  311)  were  employed  alike- 
in  Civil  Snita  and  in  Criminal  Triala ;  but  Pelilor  m*  sppHed  to  the  plainCiS 
in  the  fbnner  onlj,  and  ^cetuafor  to  tbe  impeacher  in  the  latter  onlj-. 


)  Fnc-  t^-  •«A  a 


Clo.  id  Fu.  Till.  8.  pro  Bdw.  CssiMd.  I.  p 


BierlBaltlAnuulRiilVMlieap.  SnjtiamthalriaisoIIliatemiileofJaptlarTai 


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BBFERENCBS  TO   CHAPTER  IX. 


Roman  Law  and  the  AdmlnlsQ^itlon  of  Justice.— Bein,  D<u 

Privalretht  and   der  Cieilproette    der    HOmer,   Ldpa^,   1858,      Puchta, 
Ciimu  der  InttitiUioiun    (9   ed.),   Leipzig,    1S81.      Rivier,   Itdrodvitio» 


Edicta  Hasrlstratuum,— MommseD,  SOm.  SlaaUrtthl,  L  p.  202,  sqq. 
Wlssgak,  EdKt  Mnd  Klag^arm,  Jeiuk,  18S2.  Lebel,  Kdiclum  perpttKutn, 
Leipzig,  IBS3.  Kriiger,  Gtickiehle  der  QmUen  nnd  LiUeratvr  da  T5m.  RtehU, 
Leipzig,  13BS,  p.  30,  aqq.  Karlowa,  B6m.  lUddtgeadachtt,  Leipdg,  I88S, 
L  p.  458,  sqq.  ;  628,  aqq. 

Responsa  Prudentlum.    luris-Perltorum  Auctorltas— Braner, 

RecMtUhrer  und  HeehUtchulen,  Berlin,  1S6S.  ErUger,  OntehiehU  dtr  QhcUm, 
Ac,  p.  4S,  aqq. ;  109,  tqq.    Karlowa,  AOn.  RtchUgachiehtt,  I.  p.  473,  sqq. ; 

657,  wjq. 

Constltutlones  PFtacIpum.— MommMn,  Rum.  Suuutmhi,  Ii.  p.  909, 

Bqq.  Korlowa,  ROm.  ReehttgetehidUe,  I.  p.  640,  «qq.  Krijg«r,  Qetehkhte 
dtr  Qttdlen,  kc,  p.  92,  iqq. 

Systems  of  Roman  Law.  —  Corpiu  jurii  dviiu,  ed.  Mommssn, 
Kru^cr,  Schoell,  Barolini,  1808^9  (L  Jiutiniani  Institutionei ;  Digests. 
II.  Codex  JuBtiniwiaB,  III.  NaveUae).  CoUeetio  libroruvt  jurit  anU- 
jusfinioni,  ed.  Krneger,  Mommaen,  Studemund,  Berolini,  ISTS,  sqq.  Codict» 
Oregoriamii,  Herm'igeniattK*,  Tlixodminnui,  ed.  Haenel,  Lipuae,  1S43. 
Girard,  'J'fxU^  de  droit  romain,  Paris,  1S90.  Bruns,  Fonln  juris  row.  anliqtti 
(5  ed.),  Friburgi,  1887.  Karlowa,  ROm.  Recktmjackklut,  I.  p.  1003,  aqq. 
Krtlger,  QachidiU  der  Qaellea,  4,c,  y.  259,  sqq. 

Extinction  of  the  Patrla  Potestas.— Lange,  ROrn.  AUerthUmer,  L 
p.  128,  sqq.  De  Badeni,  De  patriae  apud  Romaaioi  potf.ilalia  origine  aigti« 
mdole,  Craooviae,  1867.  Vbji  d.  Aa,  De  origine  et  rtaliira  pairirx  poteelati* 
Rom,  Laxduui  Bat,  1857.  Hurlimann,  Die  periOnliche  Stile  der  potna 
^ofeKiM,  Ziiricb,  1860. 

Personae  In  Hanu. 

Riwabacli,  VnUrmieh  tifcer  die       ...  _  ._.   ^  ... ,  

nnd  HhedenJcm^er,  Leipag,  1871.  Knilowa,  Die  Formea  der  rSm.  She  tiud 
Mami,  Bonn,  ISbS.  Briai,  Matrimonii)  e  divorzio,  Boiagntu  ISSH.  Holder, 
Die  rOm.  She,  Zurich,  1874. 


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Dissolution  of  a  Harrlaffe.— Breton,  Du  divonx  m  droit  rom.,  P»ru, 
1863.  Motl,  De  la  dvitoltUion  du  marriagt  ea  droit  rom.,  Rixheim,  I87fi> 
EameiB,  La  manut,  la  paUniM  tt  k  divorce,  Ac.,  Fans,  ItiSS. 

,   1863.      CzyhUn,   DofofrccjU, 


On  the  Classlflcatlon  of  Bes.  — Si^liilling,  Lehrbuch/Zr  InMitutUmat 
tinil  Qachichle  da  rtim.  PrivatrtdiU,  Leipzig,  IS34,  IL  p.  444,  iqq.  Pncht>i 
Iiutitutionea,  Leipzig,  1S57,  II.  p.  614,  sqq. 

Bifflit  Of  Proparty  and  Modlfloatlon  of  this  Rlgrht— ZwbuK 
von  Lingeotbal,  lJd>tr  dtn  UnterKliied  zwitckea  leriMalta  ruMieae  und 
vrbanae.  Elven,  Die  ram.  StrB<ttil*nlthre,  Marbnig,  1856.  Voigt,  UAer 
den  Bettcmd  utid  die  AitforiicAe  Eataiekdung  der  Strvituten,  &c. ,  Leipag, 
1874. 

Different  Modes  of  acqulrlngr  Ppoperty,— Ciyhlara,  EigeManua- 


Disposal  of  Property  by  wm.-Greiff,  De  J'o. . 

romain,  Pui»,  1888.     Cnq,  SeJierclies  kiiUiriqiiea  nir  U  leatameiU  per  ae»  ei 

The  Persons  to  whom  Property  was  beqaeathed.— Holder, 

Seitrdge  mr  OeeehichU  da  r/im.  Erbrethlt,  Grkneen,  1881.  Schiuoerz, 
Haadbueh  da  rOm.  Erbrtdtte,  Leipzig,  1863.  Giraud,  TraiU  de»  maxuioM 
d  eauee  de  mort,  Puis,  187B. 

itaclim&r,  Die  Natur  der  PraeleaaU,  Leipzig, 

•n  Legalum  opHonie.    Fernni,  Teoria  generaie 
,1089. 

Law  of  Suooessioa  t 


COffnaQ.  AcrnatL— Klenge,  Die  Cognaten  wid  Adfintn,  &c.  (Zeitschr. 
tur  gtnohiolitl.  Kechtaw.,  VI.  p.  1,  gqq.)  Schupfer,  La  famigiia  leeendo  il 
diretto  rmaano,  Padona,  1870. 

!,  ko.,  Berolini,  I86a 


863 

I.  Jndlda  Privata.— Bsthmoim-Hollweg,  Da-  Oii/ilproieM  de»  genuinM 
Btdm,  fto.,  Bonn,  1864-74.  Keller- W&ch,  Der  rOti.  CivUproien,  la 
(6eii.),  Leipag,  1883.  Rudorff,  ROm.  RtchUgfschkhlt,  Uapag,  1360,  U. 
KaTlowa,  Der  rOm.  CivUpr<XMU,  ka.,  Berlin,  1S7S.  Bichofeo,  De  ifontan- 
orum  iadkiii  dviUbiu,  Gottingeo,  1840.  Koguei,  Da  juritdietioiu  avilt* 
a  Rome,  tc,  P&na,  18B4. 

The  Judlces  la  Civil  Salts.— WeizaScker,  Diu  rOm.   BekudtrichUr- 

and,  ifcc,  Tiibmgen,  1S79.  Miiyer,  Die  Verdttbarung  KhitdrridiUrlicher 
StchtanlTtUaiediiedmig,  kc,  Erfkngen,  1SS8.  MtttbuM,  Die  Enlwictiung 
da  rSta.  Sdtiedtgtricht,  Roitock,  3S88.  De  Ruggiero,  L'arintrato  pubilico 
in  religion*  col  privalo,  Romi,,  1S93.  Cbfnon,  Le  iribiau^  det  Caamavirty 
Farii,  1861.     Saverot,  Lei  rievpirateyirn,  Dijon,  1885. 

The  Parties  in  Civil  Suits.— Eiaele,  CognUur  vnd  PromroOir, 
TubiuffBD,  1881.  Lenel,  2vr  Oachichle  der  Cognitur  (ZeiUchr.  Tiir  Becbta* 
Him,  1883,  p.  149,  Bqq.  Verdalle,  Le  barreau  daiu  Vmttiqae  Rome, 
Bordeaoi,  1873.     De  Kuggiero,  Daionario  epigrnfico,  L  p.  IIG,  aqq. 

LeglS  ActlODBS.— Schmidt,  De  origmilnu  legit  oeffonum,  Freibnn, 
1Sfi7.  Bnonomici,  Lt  Ugie  actioaes,  Pisa,  1868.  Latreille,  HiHoirt  ^ 
inttitKliont  juridiqu&t  dee  Romairu,  Paru,  1870,  I.     Uoschke,  Die  ViUta 

tiad  dot  SacnmieTitvm,  Leipzig,  1S74. 

Foraiulaa.— Wlaaaak,  Edict  und  Slag^orm,  Jenft,  1S82. 

IL  Judicla  Publlea.— Geib,  GaMehtt  du  rOm.  Criminatproaiuei  bi* 
«um  Tode  Jutlinimu,  Leipzig,  1842.  Rein,  Dm  Kriminairteht  der  Rdnur, 
Leipzig,  1844.  Laboalaye,  Bstai  (vr  la  lois  criminellel  da  Rom,  Paris, 
1845.  Zumpt,  Dot  KriminairecU  der  rOm.  BepvbUk,  Berlin,  1865 ;  Der 
Kriminalprozeii  der  rOm.  Republik,  Leipzig,  1871.  Roaqaet,  Des  jvritdie- 
(lOTU  eriminella  chez  la  Ronaiia,  Toulouse,  1679.  Morise,  De  la  pro- 
ddure  crimineUt  dep^iit  VftvMissemenl  dt  PSmpire,  &c.,  Paris,  1SS3. 
Willetns,  Di-oil  public  Romain,  p.  328,  aqq.  ;  471,  sqq.  Madvig,  Verfammg- 
tmd  Veraiallung,  II.  p.  268,  sqq. 

CFlmlnal  Jurisdiction  of  the  Consuls  and  other  Ha^trates.— 

Mommsen,  R6m.  SlaaltreehC,  I.  p.  136,  sqq. :  IL  p.  109,  sqq.  Oaneis, 
Wirhtaggirrii  dtr  rtim.  BeMrdm  tn  ttrafrechU.  Bevehung  zvr  Zeil  dt*' 
Freiilaatt,  Eremuer,  I87S. 

CrlmlnalJurisdlctlanof  the  Senate.— Mommseii,  ^An.  Staaitreeht^ 
III.  p.  1065,  sqq.  Lange,  R/Sm.  AlterthUmer,  II.  p,  440,  sqq.  Dickaen, 
Oiviltititche  Abhandlvngen,  Berlin,  1820,  I.  p.  93,  sqq. 

Criminal  Jurisdiction  of  the  Comltla.  — Mommsen,  ROm.  Staattrteht, 
HL  p.  351,  sqq.  Lange,  BOm.  Alterth&mer,  II.  p.  541,  aqq.  Servws,  ie 
trihmal  dv  peuple  dtpait  ta  cr^ion  jiugu'au  tempi  da  OToecha,  Puis, 
1S8G. 

InsUtotlon  of  the  Quaestlones  Perpetuae.— Lohie,  De  qwteMiiifKum 
perpttiiantm  origine,  proKsidUiut,  eotuUiit,  Plavis,  1876.  Leydeker,  La 
guaati^net  perpeliiae,aBTdta.ux,  1878.  Beynaad,  [jt*  yuaestlona  pa-pttMae, 
Fans,  1879.  Petersen,  De  caiuit  publicie  Romanii,  tie.,  Eilua,  1880k 
Frltwhe,  Die  mdlatiitche  Oaetigthimg,  Essen,  1382. 


PerduelllO.— MommseD,  RBm.  li'iaaurecM,  11.  p.  615,  sqq.  Weuke, 
Bochrxrralli  und  Majestat,  Leipzig,  IS36.  Zirblar,  DU  gemaiirrchUieh» 
Lehit  von  Majatat  md  Hoehcerraih,  Stottgart,  1836.  Koatlin,  Die  per- 
dutUio  \aiter  den  rOm.  KSitigtn,  Tubingen,  1841. 


Parrlcldlum, — Bninw,  De  parrieidii  erimi-Mtl  quoMtoribui  parrieidii, 
HeUingfon,  1866.  Goriua,  X>t  parriddii  nolione  apnd  anli^uissijnoi 
Homanot,  Bonnoe,  1869. 


Ambitus.— iBler,  Ueber  dtu  PoetdUclie  Qaeix.  de  anibita  (Rhcin.  Miu., 
18T3,  p.  472,  sqq.)  Lsngi,  Vtber  da»  PotUtiteht  Qttett  dt  aminbi  (Rhein. 
Man.,  1874,  p.  500,  xiq.} 


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r 


KELIGION  OF  BOHE. 


Hie  mibject  naturally  divides  itself  into  three  headi. 
1.  The  Godin'onhipped,  their  names,  attributes,  hiitorTifUld  in 
'2.  The  Hini»ter«  hj  -whom  their  iroisbip  wm  coadnctM. 
3.  The  Mode  oTvorabip. 


L  The  Gods  TVob8hiwei>. 

Graoml  Clnnictaiulca  ar  BoBiaB  jMribvlosr — In  order  that  we  ma/ 
be  able  V)  form  any  distittct  (waccption  of  Eoman  MTthologj-,  it  is  enmliall; 
necewuy  lo  bear  in  mind  the  fact  that  tbeRomana  wera  originally  a  mixed  people, 
formed  by  the  coalidon  ofat  Jeatt  three  illsciactrMes — Latina — Sabmes — Etnucana 
— anil  that  at  all  eveula  the  finl  of  these  races  was  itself  compound,  being;  made 
up  of  Felasgians,  grafted  upon  some  early  Italian  etock.  Hence,  when  united, 
their  religion  could  not  fail  to  present  ooofused  and  heterogeaeoui  oombinationa. 
The  simple  belief  of  the  pmnilive  mountain  tribes,  stamped  by  a  pure  and  some- 
what stem  morality,  was  mingled  with  the  more  solt  and  imaginative  syttem  cA 
the  pastoral  Pelasgiana,  and  with  the  dark  and  gloomy  supentitian  of  the  Etnia- 
cans,  irom  whom,  avowedly,  all  that  was  gorgeoos  and  impoeiup  in  tlie  national 
ritual  was  derived.  The  fusion  and  amalgamaUon  of  theee  materials  seems,  how- 
ever, lo  have  been  fully  completed  at  a  very  early  epoch,  since  we  find  no  traoei 
of  jealousy  or  collision  between  inconsistent  and  contending  creeds.  But  there 
was  another  and  still  more  important  aourne  of  complication.  As  the  Bomana 
gradoally  became  acquainted  with  the  colonists  of  Southern  Italy,  and  extended 
tbeir  oouquesta  beyond  the  Ionian  Sea,  they  found  several  Greek  diviulldea  bear- 
ing a  marked  resemblance,  both  in  Dome  and  attributes,  to  their  own,  just  aa 
might  be  expected  Iroin  the  Felasgian  element  common  to  both  nations.  Thia 
circutnttance  having  attracted  notice,  it  would  appear  that  all  classes  in  the 
oommnnity  speedily  arrived  at  the  conclusion,  that  the  Eeligion  of  Greece  and  that 
of  Borne  were  in  dl  reepects  radically  the  same.  Hence  every  Greelc  God  was 
identified  with  some  member  of  the  Roman  Pantheon,  even  where  the  lesemblance 
was  very  slight,  or  where  there  was  no  resemblance  at  ail,  and  the  genealogy, 
history,  and  adventures  of  the  one,  were  unhesitatingly  transferred  to  tlie  other. 
In  so  far  OS  the  early  Italian  reli^n  was  concerned,  the  tales  connected  with 
their  deities  ^peai  to  hare  been  meagre,  and  not  peculiarly  interesting.  A  con- 
siderable nomber  of  these  native  legends  has  been  preserved  by  Ovid  in  his  Fasti, 
and  others  will  be  found  scattered  in  Fcopertins,  Tihullus,  and  Vi^;  bat  tb* 
'  great  mau  of  the  mytliology  in  these  writers,  as  well  as  in  Catullos,  Uontoa^ 
and  the  later  poets,  is  almost  purely  Greek. 

It  la  evident,  thertfure,  that  a  full  account  of  aU  the  Gods  celelaaied  in  tlw 


lOHE.  965 

I.atb  CUuitt  nonld  involve  a  complete  trestUe  npon  Greek  Mjlholoey,  ■  ral^ect 
wbioh  doee  not  fall  within  tlic  compau  of  ■  work  like  the  pccscal.  We  mnit  be 
content,  in  this  place,  Bimpl/  to  name  the  inoet  impartimt  divinities,  adopting, 
M  br  ai  it  goa,  tbe  clauificiitian  reo^iaed  hj  the  Raman  antliora  themsclvea. 
■Ml  CsBHaiH. — The  Romana  and  the  EtrtLMana  recogniaed  Twelve  Great 
Godi,  ux  male  and  lix  female,  who  met  together  in  eonncC  and  regulated  all 
Ihingi  in  heaven  and  oo  earth.  There  were  the  XII.  DH  Cowenta  a.  Compliea 
wboee  gilded  statun  were  ranged  along  theFomm,  (Varro  K.  R.I.  1,)  the  aame, 
doobtlen,  with  thoac  ennmerated  b;  £nnins — 

luno,  Vesta,  Minerva,  Cerea,  Diana,  Venui,  Man, 
Hercnrins,  lavin,  Neptunua,  Ynleaniia,  Apollo. 

1.  loviB,  Ions  Fatbr,  lupiTBn,  DiEapiTER,  tho  Zii!;  of  tbe  Greeka,  the 
Tina  or  Tinu  of  the  Elniacana,  wat  Lord  Supreme.  He  waa  worahipped  on 
the  C^Ioline  under  the  titles  of  OptimuM  Maximut,  Capitolmui,  and  Tarpaat ; 
on  the  Alban  Mount  he  received  the  homage  of  the  Latin  Conlederavf ,  as  Jupiter 
Latiarii,  Of  hia  nnmeroua  titlea,  man/  were  derived  from  the  away  whidi  he 
•xerdied  over  the  elements.  Hence  he  waa  tenned  LveetUu,  Diespiter,  Tonam, 
Fuiffaritor,  Jmbricitor,  acd,  from  a  legend  that  he  had  been  drawn  down  from 
beaveu,  m  the  age  of  Nnoia,  to  leach  how  liia  wntb,  when  indicated  by  etorma, 
might  be  appeaaed,  Eliciiu.  The  Idea  of  eneli  month  were  aacred  to  Jove,  and 
S  great  festival,  tbe  Feriae  Lattjiae,  was  celd>rated  in  honour  of  bim  annually 
on  the  Alban  Mount,  It  ia  aaid  to  have  been  ioatitnted  by  Tarquinioa  Supcrhna 
io  order  to  cement  the  onion  between  Rome  and  the  Latin  Statea ;  but  it  probablj' 
originated  at  a  much  earlier  epoch.  The  sacred  banquet,  called  ^mlum  lovis, 
was  held  on  the  I3th  Kovember  (Non.  Novembr.') 

2.  Irxo,  a  modified  tbrm  of  loviHO,  the  wife  of  loviS,  and  Qoeen  of  Heaven, 
(Juno  Segina,)  waa  identiSed  with  lhe'H;«  of  tbe  Greeks,  and  the  Cupra  of 
the  Etnucaoa.  One  of  her  chief  dntica  waa  to  prewde  over  married  life,  and 
henee  she  was  addressed  as  Matrona,  lugaUs,  PromAa.  When  lending  lud  at 
ehildbirth,  ahe  waa  atyled  Ludna,  and  in  this  capacity  waa  idendSed  with  the 
Greek  EiAmA'im,  In  bcr  temple  on  the  Arx,  uie  was  worshipped  aa  Juno 
Moneta,  which  seems  Io  mean,  the  Warning  Goddeu,  and  adjacent  to  this 
shrine  was  the  public  mint.  Her  riles  were  celebrated  from  a  very  early  epoch 
with  pecoliar  sanctity  at  Lanuvium,  where  she  was  named  /uno  Soipiia  s. 
Simla,  Le.  tbe  Sainoar.  The  Kalends  of  each  month  were  aaoed  to  Juno, 
ana  ahe  received  special  homage  on  the  Matronaiia,  celebrated  by  tbe  Hatrooa 
on  the  tint  of  March. 

3.  He<Bbva,  the  Mekbva  of  the  Etmsoans,  was  identified  with  llie 
IlaXXiif  'Him  of  the  Greeks.  She  was  the  patroncsa  of  all  learning,  adenee, 
end  art,  and  eiereiaed  a  spedal  snperintendence  over  spinning  and  weaving,  the 
two  chief  departments  of  wmalc  industry.  Her  great  ftstival  waa  tbe  Quinqua- 
tntt  B.  Quinijuatria,  which  commenced  on  the  19th  of  March,  and  eventually 
waa  prolonged  for  five  daya.  A  second  festival  was  eelebisted  on  the  Idea  of 
Jnne,  and  termed  Quinquairus  Mimuculae.  Since  Minerva  was  goddess  of 
learning,  schools  were  under  her  protection.  School-boys  bad  holidays  during 
the  greater  Quinmtatria,  and  at  thia  season  each  brought  a  gift  to  his  master, 
whidi  wu  lenned  MinervaL 

It  would  appear  that  lovis,  luno,  and  Minerva,  were  worshipped  Jointly  En 
the  citadel  of  every  great  Etruscan  city ;  and  we  have  seen  that  they  weis 
r^arded  as  tlie  spedal  protectors  of  Rome,  and  occnpied  the  great  national 
temple  on  tbe  Capiloline  (p.  3'J). 


S65  KEuauw  or  somb. 

On  the  ith  S^lember,  (PriS.  Non.  Stptembr.)  and  for  laTeral  di^s  fbOow 
Jng,  thagrMt  nmw,  itylcd  b/waj  ordiMmctioD,  LiuJi  Jfajni,  or  Zudi  Romam, 
were  cdebnted  in  hMioiir  (^tbsM  three  ddtie*. 

4.  Tbsta,  who  rnnat  btngarded  u  the  sunairith  the'E«r/a  of  the  GredEI, 
MMtu  to  hvra  been  a  Pelugk  goddeet.  She  wu  worshipped  in  btgij  muuion 
M  tb«  proteotnM  of  the  domeifo  heuth ;  and  the  erer-bUniiK  altar  of  ber 
ejrcnlar  temple  beeide  the  Fonun  was  lodted  upon  ai  the  heaidi  of  the  whole 
Boman  people  oonmdered  a»  one  family.  In  the  iniNt  aaored  teeeHN  of  thii 
MDOtnarf  were  pieeerved  certain  holy  objects,  i^mii  whidi  the  atte^  of  the  dlj 
waa  aoppoaed  to  depend ;  and  when  Greek  nipentition  beoame  rife,  it  waa  tidiered 
that  chief  among  Uiese  was  the  Paliadmm,  the  image  of  PaUat,  whkh  lUl  Btfm 
heaven  when  Iliu  was  founding  Ilinm,  and  which  waa  brou^  to  Italy  bj  ^»", 
along  with  the  Phrygian  Fenatea.  The  festival  of  Vesta,  the  VtOaHa,  waa 
edebrat«d  on  the  9th  of  June  (  V.  Id.  lun.) 

6.  Apollo,  whoM  name  app(«n  on  Etnuean  monnmenta  midcr  the  fonn 
Aplu,  Ii  the  <^tl^ '  Aro»«r  of  the  Greek*,  who  waa  eventnalJy  identified  with 
'HAfgc,  the  Snn-God.  The  worship  of  Apollo  was  not  introdnoed  at  Bcnna 
nntil  a  oompaiativdy  late  period.  No  temple  was  erected  to  him  nntU  B.C.  428, 
and  the  Ludi  ApoUware»,  oelebrated  each  year  on  the  6th  of  Jolj  (///.  lf<m. 
QidntU.')  were  not  institnled  until  B.C.  212. 

6.  DiANi,  or  Luna,  the  Moon-Goddeu,  must  b«  regarded  as  the  tame  with 
the  LoaiTA,  01  Lala,  of  the  Etmscaiu,  and  was  identified  with  the  Greek 
Hautbg-Goddeai,  'Afriftit,  the  aiater  of  Ph<EfaDs  Apollo,  who  waa  heielf 
identified,  by  pon-Homerio  poets,  with  ZAvm.  There  can  be  no  donbt  that 
Diana  ia  ■  contracted  form  of  Dita  i.  Du  Iaha,  Zona  being  the  wife  of  Jonua, 
who  wu  aodently  Tegarded  by  the  Italians  as  the  Snn-God.  But  how  Diana 
came  to  be  aqianted  from  her  husband  in  the  ommcration  of  the  Twelve  Con- 
ientian  Deitiea,  and  how  the  Greeks  and  Eomaus  should  have  eetablished  a 
comwction  between  Artemis  or  Diana,  and  Hecate  or  Froaerpina,  goddeesee  of 
the  eetber  wtnld,  so  aa  to  make  np  the  Diva  Tri/onrtu,  (TVia  inr^nus  ora 
Dianae,)  woraUmMd  as  Lima  in  heaven,  as  Diana  open  earth,  and  as  Pnaerpna 
in  the  realma  below,  are  qneationi  which  would  lead  to  very  complicated  and 
partatinf  invettigations.  Her  statuet  were  (reqnenlly  erected  at  a  point  from 
whidi  three  roads  or  streets  diverged,  and  henoe  the  is  styled  TVtmo.  Then 
waa  a  utoifioe  to  Diana  on  the  Aventine,  on  31st  March,  (Prid.  KaL  Apr.) 
but  her  cUrf  festival  was  on  the  13th  August  (Id.  SextiL)  Thtte  waa  a  cele- 
brated dmne  of  Diana  on  the  Lacia  Nemartntit  near  Anda,  where  a  ftKival 
eaDed  the  Nanordlia  was  celebrated  on  the  18th  Ausnst  {Id.  SextQ.)  The 
priest  in  thii  temple  was  always  a  liigitive  slave,  who  nad  guned  his  office  by 
muriteiing  his  predecessor,  and  hence  went  armed  that  he  img^t  be  prepared  to 
enoonntw  a  new  aspiranL 

7.  Tends,  identified  with  the  Titban  of  the  Etmaoaut,  and  the'A4>f«l/T* 
of  the  Greeks,  waa  the  Goddess  of  Love  and  Beanty.  She  was  wocahipped  in 
the  Forum  under  the  title  of  Ooaana,  or  Cluama,  i.e.  The  Purifier,  and  in 
the  Cirena  Haximns  as  Ventu  Murtea,  an  epthet  derived  probably  from  the 
myrtle,  her  &vonrita  plant.  The  two  festivals  named  VmaUa,  the  first  oele- 
brsted  on  23d  A  mil,  (JX.  Kal.  MaL)  and  the  second,  the  Italia  Bm&m,  on 
19th  August,  (XIV.  KaL  Septr.)  were  sacred  to  lovit  and  Venn*. 

8.  CimEB,  idoitifled  with  the  Greek  A^it«Tiif,  i.e.  MoAa-EarA,  was  the 
Coddeas  of  Corn  and  Agrioulture.  Her  wOTship,  as  we  an  asiored  by  Ciowo, 
(Pro  BaU).  24.)  was  doived  from  Greece,  and  oonducted  by  Gredan  pr-*™-- 


■xuoioii  (a  Bona.  367 

TfatetiTft]  cfC^m,  the  Cerealia,  commenced  on  the  12thofipiil  {Prid.Id. 
Apr.)  and  luted  for  seventl  tlays.  There  were  aUo  nutic  festivalg  in  hononr 
of  this  godden,  the  Paganalia  and  the  Feriae  SaneTilivae  in  seed-time,  and 
the  AiMorvalia  before  barrest.  The  Utter  irai  bo  called  beoanse  the  rictim 
was  led  thriw  ronud  the  fields  bdbre  it  ma  saohSced.  (Set  Virg.  Q.  I.  338. 
^bolL  IL  i.  I.) 

9.  Mabb  i.  Uatou  b.  Mauebs  b.  MASsFiTEn,  the  God  oT  War,  was  the 
A;«c  of  the  Greeks,  and  with  bim  was  associated  a  female  goddess,  Bellora, 

bat  die  name  of  liis  wife  was  Nebia  or  Kbbiebe.  As  the  god  who  strode  with 
warlike  step  to  the  battle-Geld,  be  was  worshipped  under  the  epithet  Gradam,! ; 
and  u  the  protector  of  the  conntry,  he  was  a^led  Mara  SUvanui.  QuiruiM, 
i.e.  Spear-Bearer  or  Warnor,  was  also  an  ^ihet  of  Hate,  bat  was  emplojed 
more  freqnentlj  ai  the  sfipnipriate  appellatuKi  of  deified  Romulos.  Horse 
laoei  in  bononr  of  Mari,  caUed  Eqviria,  took  place  on  the  27th  Febniaiy 
(IJI.  Kal.  Mart)  and  on  the  t4[h  March,  {Prid.  Id.  Mart.)  and  chariot 
noea  on  16tb  October,  (Id.  Oetobr.)  on  whiob  occasion  a  hocae,  called  Equui 
October,  was  sacrificed  to  Che  god  in  the  Campta  Martua,  The  festival  of 
BeUona  was  on  the  4tk  of  June  (Prid.  Non.  Jun.) 

10.  NEPTCinis,  the  Lord  of  the  Sea,  whose  name  appean  as  Nbthums  od 
Etmsoui  monnmcnta,  was  identified  with  the  Greeit  IltBtiiir.  Tbers  was  also 
«  PoBTVUUS,  the  God  of  Harbann,  The  festiTal  of  iVepfunus,  the  NeptunaUa^ 
wis  oelebratad  on  th«  29d  July  (X  KaL  SextO.) 

11.  VcLCANUs  a-UuLCiBEB,  theGodofllre,  theSETHi^ireof  theEtrusoaoa, 
was  identified  with  the 'H^Kwrof  of  tbe  Greetts,  the  artifioer  in  i^etals,  the 
smith  who  fixged  tbe  armour  of  the  gods  and  the  thunderbolts  of  Zeus.  Tbe 
feetiTal  of  Vulcatua,  tbe  ValcanaUa,  was  celebrated  on  the  23d  Angost  (X 
KaL  S^ttmbr.) 

12.  Mbcubidb,  the  God  of  Traffic  and  of  Gain,  tbe  Ti^khb  of  the  Etmacans, 
whose  name  is  manifestly  derived  from  Mtrx,  was  identified  with  tbe '  Etftif  of  tbe 
Greeks.  Tbe  fbtiral  of  ifn-curiiu  was  celebrated  on  the  15th  Hay,  {id.  Mai.) 
that  b^g  the  day  on  which  this  temple  was  dedicated  in  B.C.  498  (Liv.  U.  SI.) 

Tarro,  at  the  commenoement  of  his  treatise  on  Agricdtore,  invokes  to  hif 
■snstance  Twelve  Cmsentian  Datiea,  (bouis  of  whom  are  different  &om  tbr 
twelve  named  above,)  those  powers,  namely — Qui  maxiiae  agricolarvm  duett 
sunt.  These  be  arrmnges  in  pain :  1.  lovUel  Tellm.  2.  SoletLuaa.  S.Ceres 
«t  Liber,  i.  SobigvM  et  FUrra.  6.  Minerva  et  Vemu.  6.  Lympha  et 
Soiait  Eixntiu. 

1,  lOTM  et  TKiOT,  M  Heaven  and  BarA.  TeUia,  or  Terra  Holer,  was 
aMnooifieation  of  the  produces  powen  of  the  earth,  and  aa  snob,  identical 
with  Cere*.  As  the  sonrce  of  wealth,  she  was  styled  Op»,  and  as  the  ^ei  of 
all  good  things,  Botui  Dea.  Falua  is  said  to  have  been  another  appellimoa  of 
the  same  goddeea,  tbe  name  clearly  indicating  a  prophetic  or  oracnlar  divini^. 
Maiia  and  Maia,  from  whom  Ihe  month  of  May  derived  its  name,  ifum  to 
have  been  a  pair  of  etinivalent  deities,  worshipped  at  Tnscnlnm,  and  probably  in 
tbe  other  etatca  of  andeut  I^iam.  The  feativa]  of  Opi,  the  OpaUa,  waa  oels 
bnted  m  19th  December ;  (XIV.  Kal.  Ian. ,)  the  rites  of  the  -Sona  Dea  wen 
perfiHmed  mi  the  let  May  (ICaL  Mai.)  by  women  only,  every  male  ereatnra 
Mag  sviqialonsly  aidnded. 

S.  Sol  et  Luka.  These,  according  to  the  popular  belief,  were  regaidtd  aa 
Idoitfoal  with  Apoik  and  Diana. 


:,  Google 


IS  et  LiBEK.     Liber,  tsr,  u  heismaie  fr«qiientlj  termed,  Zi^ Paler, 

ith  Ilia  wire,  Libera,  seem  to  bave  been  the  audent  Italian  patrons  of 
.  When  Greet  deities  became  mixed  up  ivith  those  alreadj  woraliipped 
in  Rome,  Cera,OT  ^.ti/timi,  nae  regudedu  tbeprotectreuof  tliebosbandmsn, 
Libera  was  identified  with  ber  daughter  Iliwi^orii,  m  Pnaerpitia,  while  Liber 
wu  identified  with  the  'Wine-God,  Aiitwn:,  otherwise  called  BiUxo;,  the 
pHnpsLUNS  of  the  Einucana,  The  festival  of  IMttr,  the  LtberaUa,  was  ode' 
brated  on  the  17th  March  (XVJ.  Kal.  Apr.)  Bnt  altliongh  the  Homane 
Roognised  their  own  Liber  in  the  Greek  Aiiftms,  they  long  repudiated  tlie  di>- 
gnsting  aod  frantic  rites  by  which  the  worahip  of  the  latter  was  characterised 
in  the  East ;  and  the  attempt  made  to  introdnce  the  noctumal  BacchanaUa  in 
B.C.  186  called  forth  most  stringent  prohibitions. 

4.  BoBious  et  Flora  most  be  regarded  as  two  antagonistie  poweia,  the  latter 
a  beneficent  coddeas,  who  iratched  over  the  early  blossom,  the  former  a  worker 
of  evil,  who  aestroyed  the  tender  berbs  by  mildeiv,  and  whose  wrath  was  to  be 
averted  by  prayer  and  sauriGce.  Rabigtu  is  elsewhere  asaodated  with  a  femala 
Robigo.  The  festival  of  Flora,  the  Ftoralia,  commenced  on  the  28th  of  Ipiii, 
(IV.  Kal.  Mai.')  and  continued  nntil  the  Ist  of  May  (^Kal.  Mai.)  incloaive. 
Ilia  festival  of  Robigiu,  the  Eobigalia,  was  celebrated  on  the  25th  April  (  Vll. 
KaL  Mai.)  We  find  classed  along  with  Sobigus,  a  God  Avbbruncds  ;  (Anl. 
GeU.  V.  12.  oomp.  VaiTO  L.  L.  Vll.  §  102 ;}  but  this  word  must  be  regaided 
as  an  epithet,  equivalent  to  the  Greek  fiTOTgoiriife;,  applicable  to  any  God  when 
inroked  to  avert  calamity. 

5.  MufBETA  et  Vends,  the  former  as  the  patroness  of  all  the  useful  nrls,  the 
latter  as  the  goddess  of  reproduction,  were  appropriately  ranked  among  the  great 
nual  deities.  There  can  be  no  doubt  that  Venia  was  occasionally  viewed  a* 
a  male  power ;  the  termination  might  lead  us  to  sospect  this,  and  the  symmetry 
of  the  Twelve  Rural  Dii  Cor\senles,  six  male  and  six  female,  can  be  maintained 
only  upon  this  supposition.  (See  Macrob.  S.  III.  8.) 

6.  Ltmfha  et  BoHua  Evbutub,  Moisture  and  Good-Lvck,  close  tba 
catalogue. 

DII  Sclcvil. — In  a  fragment  of  Varro  we  find  twenty  deiliee  ranked  together 
as  Great  Gods,  and  desigiiated,  by  an  epitbet  borrowed  from  the  ludicet  at 
Law  Conrts  (p.  394,)  Dii  Selecli.^  These  are  lania,  lovis,  Satumui,  Genitu, 
Mercuriiu,  ApoUo,  Mart,  Vukanut,  Neplunus,  Orctu,  Liber  Pater,  Telbu, 
Cera,  luno,  Luna,  LHana,  Minerva,  Venai,  Vata.  Of  these,  four  are  not 
included  in  either  of  the  lista  of  i>tt  Consentet  detailed  above,  viz.  :~- 

1.  Iadtjs,  the  deity  represented  with  two  &ces  (Biceps — htfrona)  lookmg  in 
oppoeite  directions,  seems  to  have  been  one  of  the  chief  ot^ects  of  worship  among 
the  Italian  tribes  from  the  most  lemcle  epoch,  bnt  was  totally  miknown  to 
Greek  Mythology.  There  can  be  no  donbt  that  he  was  the  Sun-God,  and  that 
his  wife  lana  was  the  Moon-Goddess.  He  presided  over  all  bejtinuingt  and 
entrances ;  as  opener  of  the  day  he  was  btuled  as  Matatiraa  FiUer,  his  name 
was  first  invoked  in  eve^  prayer,  and  his  festival  was  appropriately  celebrated 
on  the  1st  January,  (Kal.  Ian.)  that  is,  on  the  first  day  of  the  first  montii, 
thai  month  bemg  named  after  him.  The  festival  of  the  Agonalia,  oeM)rated  on 
tbe  9th  Jantuuy,  (  V.  Id.  Ian.)  was  also  in  honour  of  lanut. 

2.  Satdsottb.  TTe  can  scarcely  doubt  that  this  name  is  connected  etymolo- 
floally  with  Sat,  Salur,  Satio,  and  that  Satumm  was  originally  purely  a  ran) 

I  la  Uka  ■uDDti  Clcno  (Tawnilu.  1. 13.)  iptnk)  bT  Ei  IMmm  Gtalhim. 


BEUoiox  or  ROUS.  360 

dettj.  In  Ut«r  times,  faowever,  bf  some  pnoew  which  it  a  verj  hiid  to 
raiu*ii]>  be  vru  identifled  irith  iha  Titan  Kftnf,  the  father  of  Zena,  while  the 
Teinale  Titan '  fla,  the  wife  of  K^itt,  wu  identified  with  Opt.  Wo  find  men- 
tion made  of  another  female  dnij,  called  Lua  Maler,  in  connection  with 
Saltmuu,  The  Niatdinae  were  tacred  to  iSotumiM,  bnt  hii  ^raat  feetival,  the 
Satantaiia,  which  was  characterised  by  eztnvagant  mhrtb,  aerving  as  the 
prototrpe  <^  the  modem  Carnival,  wm  cdebnted  on  the  17th  Deoember  (XVI. 
KaL  Ian.)  The  two  following  daji  were  added  bj  Angnatna,  and  two  mora 
hj  Caltpila. 

3.  Oncua,  otherwiae  named  Dma,  Dis,  or  Dis  Fatbb,  waa  the  mtmareh  of 
the  nether  world,  and  u  tuch  waa  identified  with  the  ILkxrna  of  the  Etnuoana, 
and  with  ths*A)ec  or  n^avrur  of  the  Greeka.  Hia  wifo,  the  Hasu  of  tlie 
Etnueana,  thelli^ffJf*  of  the  Greeks,  waa,  we  have  notuxd  id»ove,  called 
Prottrpina  by  the  Eomana,  and  identified  with  the  Italian  Libtra. 

4,  Gbnids.  Thia  was  a  ipuHtnal  being  who  presided  over  the  biith  of  man, 
and  attended  and  watched  over  him  during  life.  Each  bdividoal  had  a  leparato 
Geitiut,  who  regulated  hiti  lot,  and  waa  represented  as  black  or  white  aocording 
to  hia  fortunes.  Women  were  attended  by  limilar  apirita,  who  were  tenntd 
luaoaa,  and  not  only  peiaona,  but  plaoea  also,  were  guarded  by  thdr  Genu. 
Cloaely  allied  to  the  Genii  were  the 

DsBcHlc  iivdm,  idu«*.  jPeuMtam. — Lakes  were  the  departed  Rinriti  of 
■ncestoiB  who  watched  over  their  dnoeadacta,  end  were  worahipped  aa  tatdacy 
goda  in  every  maiuion,  and  as  mch  termed  Lara  Fatttiliartt.  The  whde  dly 
being  the  dwelling  of  the  Roman  people,  who  might  be  regarded  as  fbnning 
one  great  fiuniij,  had  its  Lara  Praatila,  whose  appearance  and  festival, 
oeldwated  ou  the  let  of  Haj,  (Kal.  Mat)  are  deaoribed  in  the  Fasti  of  Ovid 
(T.  129  aeqq.)  In  like  manner  there  were  gronpes  of  Larei  PiAtiei,  wor- 
ahipped aa  Lartt  Rurala,  Lara  Compilala,  Lara  Viaia,  Lara  Perma- 

I^ATKS  were  deities  selected  by  each  family  as  ila  apedal  proteoton,  and 
woe  worshipped  akng  with  the  Lues  in  the  PeiutraSa  of  each  mantion,  that 
ii,  at  the  Focus  or  hearth,  which  waa  the  centre  of  the  dwelling,  and  thmtfor* 
tiw  qwt  moet  ranote  frtan  the  ontcr  world.  The  term  PtnaUi  ia  frequently 
naed  to  denote  all  the  Gods  woishipped  at  the  domeslio  hearth,  and  in  thia  sense 
oomnrehenda  the  Lara,  who  must  not,  however,  be  considered  as  identical  with 
the  Pnata,  when  the  latter  term  is  used  in  its  restricted  sense. 

Is  there  were  Poblio  Lara  so  there  were  Public  Fenata.  Amidst  the  obscn- 
rity  and  oontradictions  which  lurround  the  Btatementa  of  ancient  writers  on  this 
auiject,  we  are  led  to  the  coodusion  that  the  Penala  PopuU  Jtomani,  were 
wonhii^Md  ander  the  form  of  two  youthful  warriors  who,  in  later  times  at  least, 
wen  renrded  »t  identioal  with  Km n*  and  IlaXiiiiuiiNc  (Castob  and  Pol- 
lux,) ths  AfJpisv^  of  the  Greeks,  and  were  believed  to  have  some  cotmection 
with  the  injatariona  Dii  Cahiri  of  Samothraee,  They  are  generally  represented 
on  horadiaek  bsaring  long  ipears,  with  conical  caps  on  thur  heada,  whence  thej 
ai«  called  by  Catnllus,  fratra  Pikati. 

IMI  ii«v— Um. — This  is  the  Soman  term  for  the  Nine  Gods,  who  wen 
believed  by  the  Etnueana  to  poaaeas  the  pown  tX  wielding  thundertwlti.  The 
names  of  seven  only  of  these  can  be  asoeit^ed.  1.  TiniA  or  lovis.  2.  Cutba. 
or  Idho.  3.  Ubkbva  or  Himbrta.  4,  Suuxakub,  who  was  probably  idan- 
tioil  with  Okccb,  bnriing  bis  bolts  by  night,  while  those  of  lona  were  launched 
Iqt  d^.  6.  Habs.  6,  Sethlans  or  Vulcasub.  7.  Yedius  or  Vmoris,  a 
2b 


370 

ddtf  with  regard  to  wboM  natim  and  attiibntes  peat  diradtj  of  ofaBimtn' 
Tailed  imong  tb«  Romaiia  tbeuuelTM  in  the  Austin  age.  See  Ovid  Faik 
lU.  129.     Dion^  L  Ifi.     Aol.  GeU.  Y.  12.     Maovb.  8.  III.  9. 

Dll  iBdlBMOB,  i.  e.  Oodt  natives  of  Oie  Soil,  were  morteli,  who  bj  their 
trnvery  and  virtues  had  won  ibr  thenuelree  ft  pluM  among  the  cclestiali.  Sotdi 
wore  HeBL'tTLBB,  whoie  ritee  were  established  in  Italj  at  a  very  rennKe  opodi, 
his  altar,  called  Ara  Maxima,  in  the  FoTum  Boarivm,  hanng  been  aMed, 
Mcording  to  tradition,  by  Evander ;  MfTKis,  to  whom  saorifiae  w«i  offered 
j'earlT  on  llie  binka  of  the  Namidiu,  under  the  name  Iufiter  Indiou; 
•nd  RovuLUS,  wonhipped  under  the  name  of'  QomntuB,  whoae  leetiTal,  the 
<iiiinmlia,  was  oetebrated  on  tlie  17lh  February  (XIII.  RaL  Mart.)  TIm 
fntiralof  FoKNAX,  tba  goddeu  of  bake- booses,  theFomaeoiia,  waaheldoailiQ 
•ame  day,  which  was  alao,  for  eome  reason  not  known,  stjled  i^ejfa  Sti^tonmt. 

RcBiaiiea. — All  of  the  penonagea  mentiooed  in  the  last  paragraph  were,  it 
irill  be  obserred,  diTine  by  one  parent,  and  hence  might  be  qipnqniately 
termed  Seminua,  i.  e.  Saaikmmiat.  The  deity  moeC  freqoently  meotitmed  nnder 
thii  title  was  the  Sabine  Semo  Sahcub,  the  God  of  Good  Faith,  who  was  hdd 
to  be  the  same  with  the  Latin  Dins  Fmioa,  both  being  identified  with  the 
<ireek  or  Felasgian  Heeoules.  See  Ond  Fast.  VL  213.  Hii  fcKival  wh 
-celebrated  on  the  Stb  June  (Non.  /un.) 

Rani  DclUcih — As  might  have  be«n  expected  among  liilNB  devoted  to 
a^culture  and  a  pastond  lire,  the  Italian  Pantheon  was  very  ridt  ii 
trodt.  Among  the  moat  notable  of  these,  in  addition  to  the  XII.  Dii  G 
of  the  Country,  enuinenited  above,  were  Fauncs,  whose  feativab,  the  Faimaiia, 
were  celebrated  on  the  13th  February,  {Id.  Ftbr,)  on  IStb  October,  (///.  Id. 
■Oclobr.)  and  on  5tb  December  (Non.  Deembr.')  and  in  addition  to  Favnat 
fegarded  as  an  indiridual  God,  there  was  a  class  of  mral  deities  called  fkVta, 
«-Eo,  in  many  respects,  corresponded  to  the  lAronei  of  the  Greeks :  that  wia 
«lso  a  female  power.  Fauna,  who  ia  Gometimes  identified  with  TtUat,  Op*, 
Bona  Dea,  and  Falua :  LurERCUS,  whose  fesliTal,  the  LuptrcaUa,  was  ceie- 
tmted  at  a  spot  on  the  Aventino,  called  LupercaL,  on  the  Idth  February  {XV. 
KaL  Mart. :)  Faunw  and  Luperaa,  together  with  a  third,  named  ImuB,  wvC) 
in  later  times,  identified  with  each  other,  and  with  the  Aroadian  Fak  :  Picoa 
and  Siltahus,  Gods  of  the  Woods :  Palks,  the  deity  of  shephvda,  rvpnsenltd 
'  y  some  writers  as  a  male,  and  by  otbeis  as  a  female  power,  whose  leMiTal,  tht 
^aiiKa,  celebrated  on  the  Slst  April,  {XI.  Kal.  Mai)  was  believed  to  maric 
4he  day  on  wbidi  the  dty  was  founded  (i>iei  iVafoUi  ur&tt  Bomtu:')  TouoHA, 
the  Goddess  of  &nits :  VEKTtmMUS,  the  God  of  the  changing  aeosaw :  AltlTA 
Pbbenna,  the  Goddess  of  the  circling  year,  wboae  festival  was  odetrUed  on  tba 
Uth  March  (Id.  Mart.:)  TKSvnrue,  the  God  of  Bonndariea,  whose  ftatival, 
the  Temujuiiia,  was  celebrated  on  23d  February  (_VII.  KaL  Mart) 

Piir«>ni«fii«B«  T  wwfi  (|BBlitiM,*e.— A  striking  charaeteristk  of 
Soman  mythology  was  the  homage  paid  to  the  Moral  QnaUtiea,  the  variou 
Affiictiona  of  the  mind,  and  many  other  Abatraotions.  Thna  temples  werv 
«rected  and  sacrifices  were  oOered  to  TiBTttB,  HoNOa,  FiDEa,  Spbb,  Fddos, 
Pavob,  CoKcoBsiA,  Paz,  Tictohia,  LiBKRTAa,  Salus,  IcrrKtrrAB,  Mbks, 
Faha,  and  a  multitude  of  others,  among  whom  FoRrmrA  or  Fobs  Foktuwa, 
the  NoHTU  of  tbe  Etrnseans,  must  not  be  fbrgotteo. 

Some  other  dntiea,  who  do  not  M  nndar  any  of  tbe  above  cUnes,  may  b« 
■MiaMd  )un,    Snoh  were  Hatkb  Hatuta  or  Aubora,  godJdeat  of  the  cntr 


Palit 


BEUOIOK  OF  aOHE.  371 

4twti,  tbe  Theran  of  the  Etnucant,  tbe  'Ha:  o(  the  Greeks,  whose  fertiril,  th« 
MatraUa,  wu  celebrated  on  11th  June  {III.  Id.  lun.)  Cosbub,  God  of  Seo^ 
CoDiuel,  irhoae  altar  was  buried  in  the  earth  in  tbe  Circus  Haiimus,  and  uncovered 
once  a  year  onir  at  bU  festival,  the  Consualia,  wbich  was  celebrated  on  the  18th 
August,  [XV.  Aaf.SepL)  the  anniversarf  of  tbe  abduction  of  tbe  Sabine  mudeoL 
LuiTiSA,  Goddeu  of  Funerals,  ideatiSed  with  Venus.  Laverna,  Goddess  of 
Tliievcs.  Febo^ia,  originallj  a  Sabine  goddess,  whose  attributes  are  very 
-doubtful,  bat  who  was  probably  in  some  way  connected  witb  Soeanus,  tM 
Sabine  God  of  the  Loner  World.  Tacuna,  also  a  Sabine  goddess,  who  ma 
Tarionalj  identified  with  Cera,  Diana,  Venus,  Hinenia,  and  Vtcloria.  Ca^ 
HESTA,  identified  with  the  prophetic  mother  of  Evacder,  whose  festiva],  tbs 
CarmeiitaUa,  was  celebrated  on  11th  Janoaiy  (///.  Id.  Ian.)  Cauehax  w 
Cabmebae,  nymphs  analogous  to  the  Greek  Muses,  one  of  whom  wu  EgeriOf 
tbe  mistress olNiuna.  Fata  s.  Pascae,  the  Goddesses  of  Des^y.  Fuuiak  a, 
DiKAZ,  ideiitified  with  the  Greek  'E^ittiis,  the  Goddesses  who  inspired  ra^ng 
madness.  Hasbs,  the  spirits  of  tbe  departed,  called  LEUincES  when  they 
exhibited  themselvea  in  trightful  forms,  whose  festivals,  the  Feraiia  and  Lemuria, 
were  nelebrsted,  the  former  on  18th  Febnuuy  (XII.  KaL  MarL)  tbe  latter  on 
9tb  May  (  VII.  Id.  Mai,')  Mabia,  whom  we  have  named  above  as  the  wife  of 
Orcits,  is  sometimes  termed  mother  of  the  Manti,  while  the  mother  of  tbe  Xorei 
was  Laka  or  LARimDA  or  Lasentia,  whose  festival,  the  LaTeniaUa,  was  cele- 
brated on  tbe  2Sd  December  (A'.  Kal.  Ian.)  In  bder  times,  Laba  or  Lakbhiia 
was  held  to  be  Acea  Larenlia,  the  wife  of  Fatitltdiu.  Vairo  (L.L  T.  §  74.) 
states,  on  the  authority  of  the  AnnaUa,  that  King  Tattus  dedicated  altars  to 
Opt,  Flora,  Vediua,  lotiit,  Satarnas,  Sol,  Luna,  Volcamit,  Summanus, 
Larvnda,  Termmm,  Qairinut,  Vortutanui,  the  Lara,  Diana,  and  Lueiaa, 
In  anothv  plaoe  (L.L.  VII.  %  4G.)  he  names  VoUumiu,  Dioa  Palalaa^ 
Ftirrina,  and  Falacer  Paler,  among  the  deldee  to  whom  sepaiate  priests  wen 
Assigned  by  Numa.  According  to  Sravius,  tbe  auoioit  Romans  gave  the  title  of 
Pater  to  all  GiMls  (Serv.  ad  Virg.  Ma.  I.  56.) 

Fanl«H  Daltlea. — Altliough  the  Somaos  were  readily  induced,  by  Tei7 
slight  reoembtances,  to  identify  their  national  gods  with  those  of  Greece,  thej, 
for  a  long  period,  looked  with  jealousy  upon  tbe  introdnction  of  dd^es  avowedly 
foreign,  and  few  were  admitted,  eioept  in  obedience  to  the  dictates  ofaa  oracu 
or  prophecy.     Among  those  imported  in  this  manner  were — 

AescuIiAFIDK,  God  of  tbe  Healing  Art,  whose  worship  was  introduced  from 
Epidannu  in  B.C.  291,  in  consequence  of  uutmctions  cont^ued  in  tbe  Sibylline 
Books,  whioh  bad  been  ooosulted  two  years  previously  as  to  the  steps  to  be  taken 
fcr  averting  a  pestilence. 

Ctbelb,  tbe  great  Phiygian  Goddess  of  Nature,  whcae  worship  was  iutrodnced 
-from  PMsinoDS  in  B.C.  :20&,  in  obedience  to  an  bjunction  cootaiDed  in  the 
Sibylline  Bo<^  By  the  Greeks,  she  was  identified  with  'Pirn,  and  styled 
(HyAXv  fiiiTiif  ttir,  and  hence  ber  festival,  which  was  celebrated  with  great 
pomp  at  Rome  on  theithof  April  (i^^  JVon-Jpr)  and  following  days,  WW 
named  Megaleria. 

Fbiafde,  the  God  of  Gardens,  belongs  to  this  class,  sine*  he  was  imported 
from  Lampaacus  on  the  Hellespont  into  Greece,  and  thence  passed  into  Italy, 
superseding,  to  a  great  extent,  tbe  native  Horta. 

Towards  the  close  of  the  republic,  the  worship  of  the  Egyptian  IsiB  becanta 
fishioDable,  and,  under  tbe  empire,  Osnus,  Anubis,  SxbapiSi  and  a  mnllitiub 
«f  ootliutdiah  deities  were  eagerly  cnltivated. 


.    ,l,z<»i:,.,G00gIf 


373  X£ijai05  OF  Roiu. 

Holji  TMngt  and  Holy  Placa. 

There  ue  Hversl  tenns  n-hidi  eipT«M  the  religiotu  feelinga  entertuD«d  by  tlw 
BomaoB,  which  it  maj  be  proper  to  explain  befbra  entenng  npon  the  Moond 
division  of  our  nubject. 

■u.  NstoM.  rmaiH.  FaiHB.  VrmOimif.  Vuiallcu.— All  of  tlicW 
words  are  connected  eljiuoli^ciillj  with  the  verb  Fakl  Fas  denotea  the  Law 
or  Will  of  the  Gods,  incjuding  eveiy  thing  wliich  has  received  the  eipreu  sanctioa 
of  the  divine  Word.  Nt/aa  u  eveiy  thing  opposed  to  that  Lanor  WilL  Fatuia 
is  that  which  hai  been  spoken  or  decreed  by  ihc  deity,  and  which  must  therefbra 
inevitably  come  to  psM.  Fanuia  U  a  place  ooiuecrated  by  holy  worda. 
Projattia  is  applied  to  any  object  not  within  the  limits  of  a  Panum,  and  is 
merely  a  negative  epithet,  signifying  not  cotueerattd.  Fanofiftu  ii  properly  out 
who  dwells  in  a  Fanum,  and  ia  inspired  by  a  God ;  and  since,  according  to  the 
views  of  the  aodenta,  inspiration  woe  fiequeatly  accompanied  by  frantic  eathnai- 
um,  Jitnatictia  oUcn  denotes  mad  or  Jatuoui;  nor  is  the  epithet  oonflned  to 
animate  objecta.  Car  fatmlictna  carmen  isapropbei^,  and /anatira  arbor  meana 
o  tree  ttruck  by  Ughtning  (Paul.  Dlac.  p.  92.)  With  rentrd  to  the  adjective*, 
Foitui,  Nffastus,  Feitus,  Fro/eitut,  which  are  generaUy  used  with  nferenn 
Vi  lime,  we  shall  speak  at  Urge  in  the  neit  chapter. 

Okaccrmn.  Hnccmrc. — Any  object  wliatever,  set  apart  aiid  hallowed  bj 
kian  to  the  Gods,  was  tcnncl  Sacer,  and  in  tetting  it  apart  he  waa  said  Sacrare 
s.  CotaecTore.  Sacrum,  used  as  a  substantive,  is  any  holy  offering,  any  bdy 
place,  any  holy  observance.  Sacerdvs  is  one  who  ministeia  in  thingi  holj. 
Sacrarium  or  SactUum,  a  holy  place.  Sacrametihati  nn  aaseveiaUan  confirmed 
by  an  appeal  to  the  Goda,  i.e.  a  holy  oath.  To  offer  a  solemn  prayer  to  the 
Gods  is  Obteerare,  and  the  act  of  praying  Obiecratio :  if  any  one  repented  of 
a  petition  he  had  offered,  and  wished  to  cancel  it,  he  was  said  Rttecrare 
(Pfant.  Aul.  IV.  vii.  4.) 

An  individoal  might  become  Saeer  in  two  ways : — 

1.  He  might  presmt  himself  as  a  voluntary  offering  to  the  Gods — in  doing 
which  he  nu  aaid  Devovere  u — a*  in  the  case  of  the  Deoii,  who  rnade  them- 
eelvM  over  to  death  {pia  Maidbia  TtUuriipK)  for  the  preseivstioo  of  tbdr 
country. 

3.  Adj  one  who  bad  be»i  guilty  of  briuous  sacrilege  mig^t  be  declared  by 
the  state  to  be  &icer  to  the  deity  whom  he  had  onti^ed ;  and  henoe  an  iudivi' 
dnal  who  took  tbe  life  of  such  an  one  wsa  not  held  guilty  of  mauler,  but  waa 
ratber  regarded  as  having  pcifoimed  a  religions  aot  in  making  over  to  the  God 
what  of  right  belonged  to  him. 

faBciB*.  from  Saticire,  ii  applied  to  any  object  believed  to  be  under  tbe 
direct  protection  of  the  Gods.  Any  person  or  object  which  had  been  formally 
placed  by  man  under  the  protection  of  the  Gods,  and  which  the  Godt  had  recdved 
under  thrar  protection,  was  Sacrotanelta,  and  any  injury  done  to  such  an  otject 
would  involve  sacrilege. 

Relicts,  from  Religare,  is  the  coosdoosness  of  tbe  tie  which  miites  man  l« 
the  Gods,  and  binds  him  to  obey  their  behests.  Henoe  Jtdigio  not  unfraqnently 
signifies  that  feeling  which  causes  a  man  to  shrink  &om  the  perfumance  of  anr 

1  On  th*  nlijtat  ar  thli  •Htloa.  iiiil  indwd  an  all  nult*n  emnKtfd  with  Komu  Mrthb 
Ion.  Ihi  Hiidnii  win  Bnd  inueb  laiinietloo  la  tb*  vorit  gr  Umm*  (MltM  OU  JMBrJa 
4#r  Mtmvr,  ErUnf.  LalC 


SELIOIOIT  or  SOKX— BACHED  PLAOU.  S73 

act,  or  to  di«ad  the  neglect  of  giaj  obseiraiiGe,  lest  Ln  so  doing  he  ghauIJ  coll 
down  the  wrath  of  Heaven. 

TenplBiH,  VsBBH,  UaliikmM,  iro  the  woidi  moit  oommoiilf  einpIoj-«d 
to  denote  a  tacred  place. 

The  ohgioal  meRning  of  TcTaplum  iru,  in  alt  probsUIltj,  &  Kpot  marked 
out  with  eeiUiii  eoleniniliea  bj' an  Augur  when  ibont  to  take  atuj'^oes ;  and 
on  ihii  was  tlie  Tabemaeulum  (p.  1-14)  from  which  he  made  his  oloerk'S'ions. 
The  term  was  applied  also  t«  the  quarter  or  district  of  the  heavens  which  iix 
Augur  defined  with  his  statT  of  office,  (Lituvi,)  and  to  which  his  observations 
were  limited.  Hence  ihc  verb  Conlempiari  signifies  To  survey.  In  process  of 
time,  Templum  became  the  teclidcal  term  Tor  any  piece  of  ground  aepuated  and 
set  apart  (liberahu  et  effatut}  for  some  sacred  purpose  by  an  Augor. 

Fanum,  in  its  widest  acceptation,  is  a  place  consecrated  bj  holy  words.  In 
its  restricted  sense,  it  was  a  piece  of  sround  consecrated  for  tlie  erection  of  a 
temple  (iocu*  templo  effaitu)  bj  the  Pontifices. 

iJefuirum  is  more  compr^ensive  than  either  of  the  two  others,  being  a  pUce 
hallowed  by  sacred  aseociaUons,  by  the  prcsenoc  of  a  deity,  or  by  tlie  erection  of 
an  altar  or  sanctuary ;  but  it  docs  not  necessarily  follow  that  the  place  had  been 
(brmally  dedicated  by  any  of  the  higlier  priests. 

No  one  of  these  words  necessarily  implies  the  existence  of  a  building,  (aedu,) 
although  they  are  all  commonly  used  as  equivalent  to  our  word  TempU.  In 
order  that  an  edillce  destined  for  the  lervicc  of  tlie  Gods  might  be  erected  in  due 
form,  the  ground  was  usually,  in  the  first  place,  Ubtratui  et  effatai  by  an  Awpir, 
and  thus  it  became  a  TempUim ;  it  was  then  consecrated  by  a  Pontifex,  and 
tlins  it  became  a  Fanwn;  finally,  afUr  the  bailding  was  erected,  a  third  cere- 
mony, termed  DedkaHo,  took  place,  by  which  it  was  made  over  to  a  particalai 
God-  It  was  by  no  means  essential,  however,  that  all  edifices  erected  for  poblio 
worship  should  be  Tcmpla.  Tlios  the  Aedts  Veitae,  perhaps  the  most  holf 
shrine  in  Rome,  vr::a  not  a  Tempiam.  On  the  other  band,  many  structure* 
were  Tvmpla,  although  not  employed  directly  in  the  worship  of  the  Gods ;  such 
were  the  BiMra  and  the  Curia  HostUia  (p.  17). 

Lvciu  is  a  holy  grove ;  Sacrum,  Sacranum,  and  Sacellam  frequently  deng- 
nate  a  holy  place  where  there  was  an  altar  but  no  covered  building. 

A  Teuflum,  in  the  restricted  sense  of  an  edifice  set  apart  for  the  worship  of 
the  Gods,  consisted  essentially  of  two  parts  only,  a  small  qiartment  or  sano- 
tuary,  the  Cella,  sometimes  merely  a  niciie  (Acdicula)  for  receiving  the  image 
of  the  God,  and  an  altar  (Ara—AUare)  standing  in  front  of  it,  upon  whidi 
were  placed  the  oSerings  of  the  luppliant.  The  general  form,  whetlier  drcolar, 
square,  or  oblong ;  whether  covered  with  a  roof,  or  open  to  the  tkj ;  whether 
plain  and  destitute  of  ornament,  or  graced  by  sLitely  colotmndes  with  elabo- 
rately sculptnred  friezes  and  pediments, — depended  entirely  upon  the  taste  of  the 
architect  and  the  Uberalitv  of  tlie  fonnders,  but  in  no  way  increased  or  diminishsd 
the  sanctity  of  the  bniljiug.  In  so  far  as  position  was  concerned,  wo  learn 
from  Titrovius  that  a  Temple,  whenever  circumstances  permitted,  was  placed 
East  and  West,  the  opening  immediately  opposite  to  the  Cella  being  on  the 
West  side,  so  that  those  who  stood  before  the  allar  with  tlicir  eyes  fixed  upon 
tfae  God,  looked  towards  the  East. ' 

■  In  the  eiH  at  VtUA.  It  «u  held  tint  hir  Tnnplti  mnil  bg  niTmlu. 

■  0i>7«wl<i,^di»i.Aii.fHLIv.LlI.X.».XI.M.  Vaml.1.  VLfSi  VILIIS.  Vltnv. 
IV.El    AnfCDlLXlV.?.  VL  JK.    UicrotiL  S.  IlL  4.  II.    Strr.  id  Vlr(.  £d.  L  WO.  a  ■»• 


T  BOHZ — UIKISTEBB  OF  BBUOIOK. 


II.  HiHiBTEBs  OF  Retroiott. 


p«rti 
God. 


TheM  maj  be  conveniently  divided  into  two  clauei. 

A.  ThoM  who  exercised  &  general  inpcriDtcndence  over  tbinga  uered,  or  ortr 
dIv  deputnieiiti,  but  who  were  not  speciallj  attached  to  one  puticolu 


B.  Priests  or  paiticalar  Cods. 

We  commence  with  [he  fonner,  of  whom  the  moat  importuit  were — 1.  Pon- 
^fica.  2,  Avgura.  3.  XV-viri  Sacronim.  4.  Epidorut.  These  Coroo- 
Tationg  formed  the  four  g;re(it  Collegia  of  Priesta,  wh4,BT«  emphatically  deacribed 
bj  Dion  Caauns  aa  Tii;  rinKfai  IipHvmf,  and  by  Snetooins  aa  Sacerdotet 
Summorum  CoUegwrum} 

I.  Pontifca. 

■■MliHtlvn.  NsHbrr, — The  institutiuu  of  Pontifiea  vru  ascribed  to  Nama, 
the  nnmber  being  originallj  Eve — Sacris  e  Principam  nitmero  Poktificrs 
mdnqw  praefeeil — four  ordinary  Pon^Jica  and  a  preaidenC  styled  Pontijex 
Maximia,  the  whole  bemg  Patricimis  eicluBiTely, '  Tliia  state  of  things  con- 
tinued until  B.C.  300,  when  the  Lex  Ogidnia  wni  passed  by  Q.  and  Cn. 
Ognlnius,  Tribnnes  of  the  Plebs,  which  enacted  that  fonr  additional  Pontijicet 
ahonid  he  chosen,  and  that  these  four  should  be  selected  from  the  Plebdana.  The 
nnmber  remained  fixed  at  nine  until  the  time  of  Snila,  by  whom  it  was  aug- 
mented to  flflcen. '  Under  the  empire,  the  number  was  not  strictly  defined, 
but  depended  upon  the  will  of  the  Prince,  who,  in  his  capacity  of  Pimtifex 
Maxinw,  used  his  own  discntion.  *  Pontifica  continned  to  exist  aa  late  a* 
the  end  of  the  fourth  century  at  least.  *  Among  the  numerons  e^ologiee  pro- 
posed by  the  Komans  themselves,  the  must  rational  was  that  which  regarded 
Pontifex  aa  a  eompound  of  Pont  and  Fado,  resting  npon  the  explanation  that 
one  of  tbdr  moet  sacred  duties  in  ancient  times  was  the  reptur  of  the  Pom 
StMkiia,  to  which  a  holy  eharacter  was  always  attached.  * 

91  ode  af  Klecilsn — For  a  long  period,  whenever  a  vacancy  occurred,  it  wu 
filled  up  bj  the  process  technically  termed,  in  this  and  similar  cases,  Cooplatio, 
that  is,  the  existing  members  of  the  Corporation  themselves  selected  thdr  new 
colleague,  who,  afler  the  consent  of  the  Gods  had  been  ascertained  by  observing 
the  auspices,  was  formally  admitted  by  the  solemn  ceremony  of  iTiauguratio. 
But  by  the  Lex  Domitia,  passed  by  Cu.  Domitins  Ahenobarbus,  Tribnne  of  tha 
Plebs,  in  B.C.  104,  the  riu^ht  of  election  was  transferred  to  the  Coinilui  TYSiula, 
which  nominated  an  individual,  who  was  then  admitted  into  the  College  of 
Pontifices  by  Cooplatio  and  Inavgiiraiio,  the  fonner  being  now  rednced  (o  a 
mere  name.  It  must  be  observed  that  the  Comiiia  Tribvta  proceeded,  according 
to  the  above  named  law,  in  a  manner  altogether  peealiar.  The  whole  of  tba 
tbirty-Gve  Tribes  did  not  vote,  but  a  minority  of  them,  seventeen  namely,  were 
taken  by  lot,  and  by  these  the  new  Pontifex  was  elected.  The  Lex  Domitia 
was  repealed,  B.C.  81,  by  the  Lex  Cornelia  de  Sacerdoliiii  of  Sulla,  wh« 
restored  to  the  CoU^  their  ancient  rights  in  foil ;  but  it  was  rv-enacted  by  tb« 


£«z  AHa  of  Labieniu,  Tribune  of  the  Plebs,  B.C.  63,  nitb  tliia  modification. 
ttMt  the  oboice  of  the  Tribe*  vraa  non  rettrieUd  to  one  of  two  pomma  pravioiuly 
■uminated  hj  the  Collet.  The  Lex  Alia  nu  coofinned  hy  Joliui  deaari  but 
tbe  original  pnctice  was  revived  for  a  brief  tpaoe  bj  M.  Joitoiuiu  in  B.C.  43. 
UpoQ  tfia  ^irogation  i^  hU  lawi,  the  right  of  oboioe  fell  into  the  handi  of 
Atuntttu  ud  tua  niaoesBon. ' 

With  regard  to  the  Ponti/ex  Maximus,  the  knangementj  were  somevrhBl 
difiereot,  since  tlie  people  had  a  Toioe  in  hia  electioo  rrom  a  mncb  earlier  i^poch. 
Whoi  a  Ponti/ex  Maxamis  died,  an  ordimuy  tnember  of  the  College  wa» 
admitted  b  the  osnal  manDer,  and  then  the  people,  in  a  meeting  of  the  Comitia 
Tribtita,  at  which  the  newlj  cboeen  Ponli/ex  preaided,  detennined  which  of 
the  nnmber,  now  complete,  ^ould  be  Ponti/ex  Maxinuit.  After  the  tinM  at 
Tlberini,  the  disposal  of  tbe  office  aeema  to  have  retted  oHaiubW  with  the 
Braate,  bj  whom  it  was  beatowed  m  a  matter  of  conrae,  apon  each  Emperor  on 

PsMiaeca  nUBaiw.— That  «ome  of  tbe  Pontifiea  were  styled  Minora  i» 
oertain ;  bat  we  have  no  means  of  aacertaiaing  npon  wbat  basia  the  distinction 
was  foonded,  and  it  would  be  fniitleaa  to  detail  the  nnmerona  eonjectarea  whicla 
bare  been  propoaed  from  time  to  time.  The  most  obvioos  and  protwble  solution 
ia,  that  the  epithet  was  applied  to  tbe  three  jnnior  members,  of  whom  tha 
yonngest  k  standing  was  termed  Minorwn  Fontifieutn  minintui,  and  the  eldest 
Afi'noruin  Pontffiaini  mozunui.  *  The  words  of  Livy  (XXII.  57) — L,  Can- 
HliTU,  teriba  pontificis,  qitoi  nunc  Minora  PoHtiJieu  appelant  .... 
a  Pontifice  Maxmo  to  toque  virgix  in  Comttio  caeatit  trat,  tU  inter  perbent 
ixtpirartl — ■!«  particnlarly  embarrassing,  and  have  led  eome  to  imagine  that- 
the  Mhtorea  Pontificet  were  mere  secretariei,  not  membera  of  tbe  CoUege  M  alL 
Bee  also  Capitolin.  vit.  Haorin.  T. 

DbUh  awd  PwwBn  af  Ike  PaalMna. — The  Pontificf  W«e  not  Utachad 
to  the  sernce  of  any  partiimlar  deity,  bat  exerdsed  a  general  snperintendeno* 
and  regulating  power  over  all  matters  whatsoever  connected  with  tbe  Beligion  of 
the  State  and  Public  Observances.  To  enumerate  all  tbur  iiinctions  would  b« 
at  once  tedious  and  nnproStable ;  but  the  words  of  Livy,  (I.  20.  comp.  Dionys. 
II,  73,)  when  deaorihiDg  the  eatabliahment  of  this  priesthood  by  Numa,  wilt. 
abow  that  tbeir  sphere  of  action  embraced  a  very  wide  range — Pontificen 
deinde  iVttma  Mareimn  Mara  fUtan,  ex  Palribiu  kgil,  eique  tacm  omnia 
sxscnjjla  exngnataqm  adlribuil :  ^uifrut  Aojfiu,  globus  didna,  ad  fuoc 
lernpla  *acra  fieretU,  atque  unde  in  eot  aumliu  pecvnia  erogarelur.  Cetera 
quoque  omnia  pubUca  privalaqw  sacra  Pontificiia  tcilia  tubiecit:  ut  atety 
quo  eotuultum  pUbe»  vmirel:  ne  quid  dioim  furu,  negUgendo  palrio*  rilus, 
peregriaoiqtte  adtciicendo,  lUTharetuT.  Nee  cotlalei  modo  ceremaniat,  tti' 
itula  quoque /utid>ria  placandosque  Manet,  uf  iden  Ponti/ex  edoeeret;  quat' 
fM  prod^ia,  /uhnaSmt  aUove  quo  viiu  missa,  suseiperentur  atque  curaren' 
lur:  odea  ^dtnda  aententibtu divinii,  lovi  Elieioaram  in  Avendno  dicavitr 
Deumqae  emuubnt  migiiriu,  quae  nacipieruia  esMtnt, 

To  tbe  PentiSeti  alto  was  intrusted,  in  tbe  earlier  aces,  the  entire  retrolatioit 
citbeyi 

might  be  lawiiilly  transacted  {   and  they  alone  wee*- 


376  MDiisTZKS  or  beligiok. 

keqnuntcd  with  the  ledinlca]  fbnnt  wliicli  litigant!  were  obliged  to  emploj  tB 
conduoting  tlieir  laiu.  Hence  FomponiuB,  (Digest  I.  ii.  2.  §  6.)  after  eiplain- 
ing  the  origin  of  the  Legit  Acliona,  (p.  S^l .)  in  tlie  Laws  of  thi  XII  Tablet, 
addn — Omnium  lamm  karum  (lo,  le^jm)  el  iiterprtlatidi  Kteniia  ei  aetioita 
apud  Colkgium  Pontificum  eranl, — and  Valerius  Haximcs  (II.  v.  21.)  b  lika 
manner — /lu  Civile  per  malta  lecula  iuter  aacra  txr.^moBiaiique  Dtonm 
immortalium  abditam  aoUtqm  Ponlificihus  notum,  Cn,  Ftaviu*  .  .  .  vulgaviL 
Cotupan  Che  qnatation  from  Uvj,  to  the  same  effect,  in  p.  V86. 

■••wsn  Bfthe  Psii(ir«s  niHiinas. — It  belonged  to  tite  PonHfex  Maxiniit 
to  aanotmce  pabUclj  the  decisiooi  (decrela — retponsd)  at  which  the  College  had 
•irived  in  regard  to  any  matter  which  had  been  tobmitted  to  their  oonudaration 
— Pro  CoU^io  t.  Ex  anctoritaie  CoUegii  Retpondert, — and  he  wonld  natnrallj 
poueai  oonsiderable  infinoice  in  thdr  tlelibentiom.  But  although  he  i«  detjg- 
nated  by  Festa«  (p.  185)  aa — ludac  atque  Arbiter  rertim  diviitarum  Auimm- 
arumgite — il  is  certain  that  he  wm  obliged  to  mbmit  to  the  deduon  oF  a 
mtijority  of  the  College,  although  opposed  to  hia  own  riewi  (e-g.  Lit.  XXXI.  9.) 
Indeed  there  were  only  two  matteia  in  which  we  have  any  resaon  to  beliere 
tliat  he  exercued  bdependent  aathority,  namely,  in  chooabg  and,  when  oeoea- 
taij,  bllictbg  puniahmeDt  on  the  Virffinea  Veilaiet,  of  whom  we  ihall  apgak 
below,  and  in  compiling  the  annual  record  of  remaikable  events,  cirU  aa  well 
eacred,  which  was  known  ai  Annates  Maxinii,  and  which  must  not  be  eon- 
fonnded  with  the  Libri  Pontifieala  a.  Ponlifidi  a.  Ponli/tcum,  which  were  tlu 
volumes  contabbg  instructions  and  litnrgica  for  the  oelebiation  of  all  manner  of 
holy  rites,  and  the  decisions  of  all  manner  of  questions  connected  with  uend 
obeeTTances  (Ium  tacrum.)  A  portion  of  their  contents  was  divulged  bj  Cn. 
Flavins,  as  noticed  above,  (oomp.  p.  288,)  and  eventually  the  studv  of  the  Itu 
Ponlificium,  b  genera],  oconpled  the  attention  of  maar  of  the  most  distingruslud 
lawyers  towards  the  close  of  the  republic  and  under  the  earlier  Emperon. 

Although  the  power  of  Che  Ponlifez  ilaximai  and  his  colleagues  waa,  in 
tlibgs  sacred,  nnqaestiouably  very  great,  Dionysiua  goes  moch  too  far  wjien  he 
Asserts  (11,  73.)  that  tliey  were  snt^ect  to  no  control  on  the  part  either  oF  the 
Senate  or  of  the  People.  Kot  only  did  the  Peopla,  as  we  have  seen  above, 
increase  llie  number,  admit  Plebeians,  and  change  the  mode  of  election,  bat  w« 
can  find  many  examples  where  they  exercised  the  riglit  of  passing  ander  review 
the  decisions  of  the  College,  psr^lv  confirming  and  partially  aminllmg  them. 
e.g.  Liv.  XXXA'Il,  51.    Cic  Philipp:  XI.  8. 

2.  Augurea. 
The  Romans,  like  many  Eastern  nations  m  modem  times,  never  entered  apoo 
any  important  undertaking  either  in  public  or  private  life,  without  endeavonring 
beforehand  to  ascertain  the  feelings  of  the  Gods  upon  the  snbject,  and  henoa  to 
infer  the  probable  issue  of  the  enterprise.  The  science  by  which  this  infotm«> 
tion  was  obtained  was  termed  Divinatio,  and  the  various  signs  which  wen 
believed  to  indicate  the  diipoution  of  tlio  Supreme  pQ.werB  were  comprehended 
under  the  genera]  name  of  Omina,  There  was  scarcely  any  siglit  or  sound 
connected  with  animate  or  inanimate  nature  which  might  not,  under  certain 
circnmstanoea,  be  regarded  as  yielding  an-  Omen ;  but  the  greatest  reliance  waa 
jdaced  upon  [he  manifestation  of  the  divine  will  nlTorded  by  thunder  and  lightubg, 
by  tlie  appearances  exhibited  in  the  entrails  of  victims  offerud  in  sacrifice,  and, 
above  all,  by  the  cries,  the  flight,  and  the  icedrng  t^  birds,  regarding  which  we 
have  already  had  ooeadon  to  ^«ak  ivhen  treating  of  the  pndiminary  oerenoniea  of 


MlVuTBlU  OP  SEUOION.  377 

thg  Comitia  Caauriala  (p.  143).  Tliia  IMiag;  wu  doI  peculur  to  the  Bomant, 
but  WH  iliaicd  in  in  foil  extent  by  the  Gra«Ju,  to  that  the  worda  'Onic  and 
Olutit  in  tha  one  language,  and  Avis  in  ibe  other,  althougJi  properly  dntoting 
•iniplj  a  bird,  are  oommoiily  n>ed  to  ugniTy  an  omen.  The  liaei  of  Arii- 
tiqihaiMi  apply  ai  roccibly  to  the  Romana  a*  to  the  Alheniaoa, — 

'tilftn  yuftir  i(iiic  irrit,  rT»ffiir  I'Si'ila  anAMTi. 
Hu^iSe^Di  S^iit,  I>u(qf  t^ni.  tifitnrV I^mii,  Srrtr  fine 
Nur  aogbtlherB  !•  by  nugarj-,  but  for  n  Bird  mny  pan; 
A  won^  a  ii|^,  a  totind,  a  ineoza,  ■  (errimt  or  uj  an.  ■ 

luUnUan.  Mmwikni,  msde  •!  KlwUaa,  Ac—The  wiiolo  lyMem  urOlTi- 
nation,  in  lo  far  ei  the  public  aervioe  was  concerned,  wai  placed  under  the 
control  of  the  Cotporation  or  C<^Ugium  of  Augurci.  The  inttitution  of  thii 
prieithood  ii  lost  in  the  darkneaa  of  remote  antiquity,  the  Btatemeoti  of  andect 
writen  bein^  liill  of  doubt  and  contradiction.  Romului  ii  tiii  to  have  employed 
the  aid  of  Autpira  in  foonding  the  City,  and  to  hare  nominated  three,  one  from 
each  of  the  original  Tribes,  ^o  liamnet,  thg  THtia,  and  the  Lucera.  At  the 
period  when  tbe  Lex  Ognlnia  was  pasted,  (aee  above  p.  371,)  Le.  B.C.  300, 
there  were  four,  and  five  being  added  from  the  Flebciani  by  that  enactment,  the 
total  nomber  became  nine,  which  wu  subaequently  ina«aKd  by  Sulla  to  lifteei, 
and  by  Julias  Ccaar  to  uxteen.  *  The  president  was  styled  Magitter  CoUegn, 
but  he  did  not  occupy  such  a  conipiououa  poeition  in  rela^cn  to  hie  eoUeaguei 
as  the  Pontifex  Maximas  with  regard  to  the  ordlnsiy  Pontifiea, 

The  mode  of  electmg  Avffvrt  underwent  exactly  the  same  viciasitadea  aa  that 
of  electing  Pont^cei,  described  above.  They  were  originally  chosen  by  Coop- 
talio,  which  was  followed  by  Inauguralui.  In  terms  of  the  Lex  Domilia,  the 
right  of  filling  np  vacancies  was  transferred  from  the  College  to  seventeen  oat  of 
the  tbirty-SvB  Tribes,  was  restored  to  the  College  by  the  Lex  Cornelia,  was 
modified  by  Ihe  Lex  Alia,  and  again  restored  by  tlie  Lex  Anionia,  which  was, 
however,  speedily  annulled.  Eventually  the  appointment  lay  with  Aagnstn*  and 
his  successors,  who  increased  or  diminished  tlie  number  at  plcasare. 

!■■  AHgimM  I.  ]■■  AnBBrlni. — The  roles  oonstitnting    the 

Kienoe(dudp&na)of  Angary  wen  derived  in  a  great  measure,  if  not  ' 
eiclnsively,  from  the  Etruscans,  and  formed  tbe  Ita  Aagvrum,  by 
which  the  proceedings  of  the  CoUego  were  regulated.  When  doubt 
or  uncertainty  arose  in  any  matter  connected  wiib  this  department, 
it  was  customary  to  submit  it  lo  the  College,  (referre  ad  Augures,) 
and  their  deeisions  were  termed  Decrela  s.  Rtfponta  Augumm.  * 

■  ■■l(Bia,  Prirllegra.  *c — In  common  with  alt  the  higher 
prieata,  they  wore  the  Toga  Praelexla,  in  addition  to  whicli  tbey 
iiad  tbe  purple  striped  tunic  called  TrcAea,  their  characteristic  badge 
of  office  being  the  LUuia,  a  staff  bent  round  at  the  extremity  into 
a  ipiial  Carre.  This  they  employed  to  mark  out  the  itgione  of  the 
heaven  when  taking  observations,  and  it  is  constantly  represented 
on  coins  and  other  ancient  monuments  in  co 
who  bad  boriM  tbe  ofBoe.  *    See  cat  annexed. 


1  Cht'i  TnlwUtlon  or  tb*  BMi 


UCXXIX.    DIoDj'L 'iL  22.  U.    CIcdtK,  ILft  K  dsDIv.t 


A  St.  M.  d<  N.  D.  II.  4.  d*  Lcii.  U  II.  13.  il>  B.  IL  )L 

«i*rT.>dVlrt.JEii.  VILGIl    ClO;  d*  Dl>.  L  R 


JOglf 


or  BZLfolON. 

The  Inauguratio,  or  sulemn  admiuion  into  office,  waa  oelebrattd  bj  a  lump- 
laotu  repMt,  the  Coma  Auguralia  ».  Aditialit.  at  which  all  the  mMnben  of 
the  College  were  eipected  to  be  present. 

Two  iDdiriduak  belonging  to  the  same  Gem  oonli  not  b«  Avgitrti  at  the 
fame  time,  aod  no  one  oonld  be  choieii  who  was  openlj  npon  bad  term*  with 
aor  member  of  the  Corporstioo.  > 

The  office  of  Aognr  (^AnguTaluj)  was  for  life.  A  pmon  once  fonnally 
admitted  conld  not,  tinder  any  drcnmBtonces,  be  expelled — Honore  illo  Runquam 

K'vari  poteranC,  Ucet  maximorum  criminum  convicli  eisait  (Flm.  £pp.  IV.  8. 
t.  Q.  B.  99.) 

S.  Quindeeemviri  Sacrorum. 
The  prophetic  IxiokB  purchased  by  Sing  Tarquin  from  the  SIbvI,  and  hence 
termed  Libri  SibylUni,  were  consigned  to  the  custody  of  a  College  of  Priestt. 
whose  duty  it  was  to  congult  them  (^librra  inspicert  a.  adire)  when  aatborized 
by  a  decree  of  tbe  Senate,  and  to  act  as  the  oxpoundere  (inUrprelei)  of  th« 
mysterious  words.  Tlie  number  of  tiiese  Oracle-keepers  was  originally  two,  bat 
in  B.C.  869,  was  increased  to  ten,  of  whom,  after  B.C.  367,  one  half  wei« 
chosen  &om  the  Plebeians,  and  hy  Sulla  was  increased  to  fifteen.  '  Their  title 
was  of  a  general  character,  being  Duumviri  a.  Xi'iri  s.  XVviri  Saerorum  a 
Sacris  /aciundis,  and  in  early  times  their  duties  were  not  confined  to  the  custody 
and  exposition  of  the  sacred  volumes,  but  tliey  were,  in  certain  cases,  intrusted 
with  the  task  of  carrying  out  the  injunclions  found  therein,  and  in  the  celebratioi 
of  various  rites.  Thus  we  find  them  taking  charge  of  Leclitlernia,  of  the  fca- 
tiva!  of  Apollo,  and  of  other  solemnities — Decemviroa  SacrU  /aciandU,  Car' 
minum  SibyUae  ac  Fatorum  populi  hiiius  inlerprelei,  antiatUts  audem  ApolU- 
\t  nliaram  Phbeios  videmui.  * 


4.  Ep'dtmei. 
The  superintendence  of  banquets,  in  honour  of  the  Gods,  according  to  the- 
arrangements  of  Mnma,  formed  part  of  the  duty  of  the  Ponfi/inei— Quum  talent 
ipsi  a  Numa  tit  eliam  illud  ludm-am  epulare  sacTificium  facereni  ittslitati — 
and  we  have  stated  above,  that  the  Letlislernia  were  fi-eqnently  conducted 
by  the  Duumviri  or  Decemviri  Sacrorum.  But  in  B.C.  196,  in  conaequenoe 
of  the  pressare  caused  by  the  multitude  of  eeremoni.il  observances— pro/>ffr 
muliitadinem  eacri/ciorum—a  new  Corporation  of  three  prieata  was  instituted, 
to  whom  was  committed  tlie  regulation  of  sacred  Epulae,  and  who  were  henca 
oiled  Triumviri  Ep'ibnes.  The  number  was  subsequently  increased,  probably 
by  Sulla,  to  seven,  by  Ctesar  to  ten,  while  under  Augustus  and  his  successor  it 
wonld  vary,  but  Uiey  are  usually  designated  by  the  style  and  title  of  Seplemviri 
Epulana.  In  common  witli  the  Pontijica  and  other  higher  prieits,  they  bad 
the  right  of  wearing  the  Toga  Praelexla.* 

There  were  several  other  inferior  Collegia  Saeerdotum,  not  attached  to  any 
rticular  dd^.     The  names  and  functions  of  these  we  shall  notice  very 


nte  particui 


T.  XZX.H.    Ci&idFun.  IILIO.  VILKid  AtLXIL]&Ult.Bnkl.    T*»aS.R. 


[L  4%    Tuii  Am,  VL  U 


xawTEM  or  RELiaioir.  87  j 

Rratret  Arwila.  K  college  of  twelve  ]irie8ts,  whoM  luttitation  ii  conneoteA 
with  the  eulieit  leeendi  relatiD;;  to  the  bonndsrin  nr  the  dtj.  It  i«  genenilj 
believad  that  their  dot/  wu,  each  year  on  the  16th  of  Ma;  (/if.  Mai.)  to  pro- 
pitiate thoM  Godi  npon  whou  favonr  the  fertility  of  the  aoil  depended,  by  * 
■aorifice  termed  AmbarvaU  Sacnaa,  the  Tictinu  offered  (Jlottiat  AwixirvaU*) 
bdng  driTen  roimd  the  andent  limita  of  the  Roman  territory.  In  thti  maiuier 
the  field*  wen  pnrified  (luifrare  agros.)  A  portion  of  one  of  the  Litaniea 
employed  by  this  prieathood  ie  atill  extant,  and  ii  regained  ai  the  moat  ancient 
moDiunent  of  the  Ladn  langnage.  Private  Ambaroalia  were  celebrated  by  the 
ru^o  popnlatioD  in  TUions  localitiea,  for  the  parifieatioo  of  their  own  district*, 
md  M>me  icholara  maintain  that  the  AmbarvaU  Sacrum,  wia  in  all  casee  a 
prirate  rite.  There  ii  certunly  no  conoliuire  evidence  that  it  waa  ever  offered 
By  the  Fratrts  Arvalt). ' 

Sex  Sacrorum  b.  Saerijicia  t.  Sacrificulas.  This,  as  we  have  already  had 
oocoiioa  to  pcnnt  ont,  (p.  167,)  waa  a  priest  appointed  upon  the  expnlsion  of  the 
Tinjoini,  to  perform  those  sacred  duties  which  had  devolved  apeoially  npon  the 
Eicgs.  The  title  of  Ji«z  having  been  retained  in  the  person  of  this  individual 
from  the  feeling  that  holy  things  were  immutable,  a  certain  amonnt  of  dignity 
was  rniavoidably  assodated  with  the  office ;  but  the  greatest  e«ie  was  taken  that 
no  real  power,  religious  or  secular,  should  be  in  any  way  connected  with  Che  de- 
tttted  name.  The  lUx  Saerifioilus  wan  necessarily  a  Patridan,  wa«  nominated, 
it  would  seem,  by  the  Pontijac  Mazimiu,  or  by  the  College  of  Pontijices,  and 
was  consecrated  in  the  presence  of  the  Comitia  Calata.  He  held  his  ofSix  fbr 
life,  and  took  formal  precedence  of  all  other  priests,  bnt  was  placed  andcr  the 
control  of  the  Puati/ex  Maximus:  the  tasks  assigned  to  him  were  for  the  most 
part  of  a  veiy  trivial  ehancter,  and  he  woe  not  permitted  to  hold  any  other 
office,  dvil,  military,  or  sacred.  His  wife,  by  whom  he  was  assisted  in  certain 
rites,  was  aCyled  Regina,  and  his  residence  on  the  Via  Sacra  was  known  as  the 

Allbongh  this  priesthood  was  of  small  importance,  and  wu  so  little  coveted 
that  towards  the  dose  of  the  republic  it  fell  into  abeyance,  it  was  revived  onder 
the  empire,  and  existed  down  to  a  very  late  period.  * 

HoTvspica  or  Extitpicea,  whose  ebicfwas  tenned  Summus  Hanapex,  pre- 
rided  over  that  very  important  department  of  Divination  in  which  omens  were 
derived  Irom  inspeating  the  entrails  of  victims  offered  in  sacrifice.  Their  science, 
termed  Hartupicina  s.  Hanupicum  Disciphna,  was  derived  directly  from 
ECntria,  and  those  who  practised  it  were  said  Hanapicinam  faceri.  The 
bferiority  of  the  Haruspiea  to  the  Augurts  is  deoriy  indicated  by  the  fact, 
that  while  the  most  distinguished  men  in  the  State  sought  eagerly  to  become 
membera  of  the  latter  college,  Cicero  speaks  of  the  admisdou  of  an  Hanapex 
toto  the  Senate  as  something  anseemly.  * 

FetialeM,  *  a  college  of  Priests  smd  to  have  been  instituted  by  Nmna,  oonsist- 
fng,  h  woold  appear,  of  twenty  members,  who  predded  over  all  the  ceremonie* 
connected  with  the   ratification  of  peace,   or  the  forma]  declaration  of  war, 

ittiiUon  Kith  ntani  ta  IhB  DriitiD  ud  dntlH  of  tb>  Profra  ,1  mla 
If  lUnal,  pablliEixl  In  ITU.undo'  (ht  lltl*  JIM  t  msmmt^H  i.  fn. 
'  VL1.    Flln.  H.N.  XVIIt.l     TIballBi.  IL  L  L    VIn.  0«W|.  L 

aL  Dlu.  I.  T.  imbmrmaXit  Haitiat.  p.  h,  nd  lb*  BaU  sf  HDeHtT. 
ZU  41    DlonjL  IV.  74.  V.  I.     PfWL  a  R.  au.     FtM.  •■  t.  S«W. 

VI   I1&n.gi.     Uurab.  s.  L  Ii.     AbI.  OtlLZV.n.    BHr-a* 

li/H.  *A  Fim.  VL  IS 

Tb«  of1bofT*plij  ud  BtjiBolotj  sre  aUki  ^iiim  lai» 


860  lunisTEtu  OF  keuoioh. 

iodaduig  the  prdimiDMy  demand  (br  Mtitftdion,  (ras  repetere,)  ai  well  u  tbt 
Kctosl  dennnoiaiioo  of  lio«iUiJe«(Ciir^(to.)  Thdr  chief  was  tenned  Pattr 
Patratia,  ind  wu  regirdo!  a>  llie  mpresetiUtive  of  llie  whole  Kouian  pci^  k 
uking  tlie  oslha  and  performing  tlie  eacriGcea  wtiicli  occompinietl  ihecondanca 
of  B  treaty.     When  despatclied  to  a  distauM  for  this  purpose  thej  eairied  with 


I'lid,  wliicli  were  gathet«d  ea 
indispensable  in  their  rite*, 
■   ■        '        ■  the  doee  of 


them  certain  aacreil  herbs  called  Verbenat  or  Sagmin' 
the  Capitolino  Hill,  and  which  were  considered  as 
and  they  took  also  their  own  Bints  for  smiting  tlie 

the  seeond  Panic  War— Fed'ato  qmnii  in  Africam  ad  ftxdia  feriaidam  tre 
iaba-aOuT,  ipna  posluUmlSmi,  Senalia-caiuidtam  in  haee  verba  faelum  at: 
Ut  privoi  lapidei  siiket,  pHiaaque  verbenat  lecum  ferrtat:  uH  Praetor 
Romanvi  hU  imperaret,  vl  fotdia  ferirait,  iUi  Praetorem  Sagmina  poicerenL 
Herbae  id  geaas  ex  arte  tamtam  dari  /eliaiilnu  toUl  (Lit.  TXX.  43.) '  Tha 
inferioritj  ot  the  Faiala  to  the  four  great  Colleges  ii  distinctly  laid  dom  in 
Tacitus,  Ann.  III.  64. 

Curiones.  Of  these,  thirty  in  number,  m  well  u  of  the  Curio  Maximut, 
wtio  was  cliicf  over  all,  we  have  already  lind  occasion  to  speak  (p.  88).  The 
ordinary  Curione*  were  dected  cncli  hy  the  Curia  over  the  rites  of  which  hs 
presided,  tlie  Curio  Mazimtu  seems  originally  to  have  been  elected  by  the 
Comitia  Curiata,  but  in  later  time*  by  tiio  Comilia  Centuriala  or  TVifitifa. 
The  Curioua  and  the  Curio  Maziiaat  must,  in  the  earlier  ages,  have  been  all 
Fiitricians,  but  in  B.C.  210,  when  the  poUdcal  signiGcanca  of  the  Curiae  liad 
pawed  away,  a  Plebdan  was,  for  tlic  teat  time,  chosei)  to  Gil  tlie  office  of  Curio 
MaximuiX 

Wc  now  proceed  to  consider  those  Priests  whose  ininistratioux  were  oonfined 
lo  particular  God*.  The  most  important  were — 1.  Fiamina.  2.  SaliL 
S.  Veitalei. 

I.  FlamiTiu. 

FlanuHa  waa  a  general  name  for  certain  Priests  whose  services  were  appro- 
priated lo  one  deity.  There  were  in  all  fifteen  i^mtnei,  three  JlfatorefFIamuiet 
instituted  by  Numa,  who  were  at  all  times  chosen  from  the  Patrician^  and  twdvo 
Minores  Flamiaei,  who  might  be  taken  from  the  Plebeians.  The  i'Zamiitei  were, 
it  would  appear,  originally  nominated  by  the  Comilia  Curiata,  bnt  after  the 
pasung  of  ^e  Lti  Domitia  (p.  371)  by  tlie  Comitia  Tribnla  in  the  mamur 
described  above.  They  were  then  presented  to  and  received  by  (eapti)  the 
Poatifex  Maximut,  by  whom,  with  tlie  assistance  of  the  Auguret,  thdr  oonse- 
cratioo  {InauijiiTotio)  was  completed,  and  under  ordinaTj  drcnmatancea  th^ 
hdd  ofBoe  for  life.  The  tliree  Maioru  Ftamints  werc^l.  Fkmtn  Diali*,  tlie 
priest  of  lociA.  2.  Flamen  Martialit,  the  priest  o(  Mars.  a.  Flamen  Quirt> 
Tialin,  the  prieet  of  Quiriniu.     IVst  in  honour  wns  the — 

Ftamen  Dialis.  No  one  was  eligible  except  the  son  of  parents  who  had  been 
united  by  Con/arrealh,  (p.  295,}  a  condi^oo  which  applied  probably  lo  all  the 
Maiores  Fiamina.  Wlien  a  vacancy  occurred,  three  qualified  candidatea  wen 
named  {nominati — creali—deitinatt)  by  the  Comitia,  and  from  ttMae  the  neir 
Flamen  DiaUt  was  selected  (copCiu)  by  the  Pond/ex  Maximta.  He  wai 
assisted  in  hit  dalles  by  a  wife  to  whom  he  had  been  united  by  Coitfarreatio, 


I  LIT.  I  ). 


I.  X,  4S.  XXXVI  a.    Dlgnii.   II.  Tl      ClI.  d*  Lh>.  IL  0.     vwra  L.I.  T, 
nM].  >.  T.  ^eAal>(|>.se<.>d.  QMi    AuLOilLXVrt.    Prin.  an.  XZILl 


■■d  who  wu  Unned  Flairdnica.  Uer  Hid  was  indiBpenuble,  sai  he  was  pro- 
hibited  from  marrjinc  twice,  to  Ihat  if  the  Flaminiea  died  her  hiubtukl  »ai 
obliged  to  rengn.  The  privileges  of  the  Flamen  Dialis  were  cumcrouB  and 
important,  Aa  soon  aa  he  waa  rormallj  admitted  he  woa  emancipated  from 
parental  control,  (Palria  Potatai,  p.  291,)  and  became 
Sat  iurit.  He  iraa  entitled  to  a  seat  in  the  Senate,  uaed 
the  Sella  CuruUs,  and  wore  the  7'oga  Fraetexta,  but 
when  sacrificing  aasamed,  in  common  with  otheii^minu, 
ft  robe  called  Laaia.  Hie  characteristic  dreaa  waa  a  cap 
of  B  peculiar  ahape,  termed  AlbogaUna,  of  which  we 
annex  a  representation,  and  which  it  will  be  peroelred, 
like  the  eap  of  all  the  higher  priesti  terminated  in  a  shaip 
point,  formed  of  a  spike  of  olire  wood  wreathed  round  j 
with  nbite  wool.  This  peak  was  the  Apex,  a  word 
applied  freqnentl^  to  denote  the  head-drew  of  an/  priest. 
To  connterbalance  the  advantages  wliich  he  enjoyed, 
the  Flamen  DialU  was  fettered  by  a  multitude  of  restric- 
tion! and  ceremonial  observancce  enumerated  bj  Aolus 
Gellius  (X.  15.)  Of  these  the  most  important  was,  that 
he  waa  not  permitted  to  quit  the  cit;  even  for  a  single 
night,   and    hcnee  could   never  nndeitako  aiij  foreign 


The  oflSce  of  Flamen  Dialis  wns  inlemipted  for  sevenlj-siz  yeari,  from  the 
death  of  Merula  la  B.C.  87  until  the  consecration  of  Servine  UalogiDensis  in 
B.C.  11.     The  duties  during  this  interval  were  discharged  by  the  Ponli/ex 

With  regard  to  the  Flamines  Minoret  we  are  aoqiuinted  with  the  name*  of  a 
few  and  nothing  more,  the  attributes  of  the  deities  to  whom  eome  of  them  were 
attached  being  in  several  instnuccsquilo  unknown.  Thus  wo  hear  of  the  Flamen 
Pamonalia—Carmentaliii — Fluratii—  Volconalia —  Volturnalit — Furiaalis — 
Palatualii — Falacer,  &c.  \ '  but  in  whnt  relatiun  they  stood  to  each  other  we 
cannot  distinctly  asccrtalD. 

a.  Sam. 

In  addition  to  the  Flamen  MartiaUa,  a  college  of  twelve  priests  of  Mart 
Gradivta,  was  instituted  by  Numa.  They  were  all  chosen  from  the  PaCridans, 
and  to  their  custody  the  twelve  holy  shields,  called  Ancilia.,  one  of  which  was 
believed  to  have  Alien  from  heaven,  were  committed.  Every  year,  on  the 
Ealenda  of  Haroh,  and  for  several  days  following,  they  made  a  solemn  progresa 
throngh  the  city,  chanting  hymns  (Saliaria  Canmaa)  called  Axamenla,  and 
dancing  sacred  war  dances— whence  the  name  of  Salii.  On  these  occasiooa 
they  were  arrayed  in  an  embroidered  tunic,  on  their  beads  was  the  conical  priest'a 
cap,  Oft  their  breasts  a  braieo  cuirass,  swords  by  their  sides,  spears  or  long  wands 
in  ihdr  right  hands,  while  in  their  left  they  bore  the  Ancilia,  which  were  some- 
timea  anspended   from    their  ntda—Salioi   duodecim  Marti  Oradivo   legit 

I  Wtlb  ngird  to  lb*  HfraHa  Dvilii  ind  other  Fbamiiut,  •»  LIt.  L  M.  V.  IS.  RnlL  ZIZ. 
XXVU.  S.^XIX.  W.  XXX  M.  XXXLU.  XXXVII.  SI.  Tult.  Ann.  IILMfl,  IV.  !«. 
DI0D7I- II  St    Plul  Vmm.  T.  ft.  R  W.  «.  107.  108.    Clo.  d*  Lctil.  11  S.  Bmfc  L  14.  PMUsp. 

VL  lea  uE.ilLfi.  II1gnCui.L: 
ViT»L.I.T.|««.  Vlltu,  F*«. 
n«Hiwp.  1SI.    StTi.  id  Vlr(.  Xn. 


lirSi '" 


p.  IM   Paul.  DU<t  ■.T.NofarH 


3S2  WHisTSBS  OF  snuotOH. 

^wj.  Nuiim)  lunieaeque  piciae  uirijne  dedit,  el  super  tunieam  aeatum  peetori 

tegumen:  coelatiaque arma,  quae  AncUia 

adpellantur,   /errt,    ae  per    urbeni   ire 

canenia   carmiaa   cam   tripudUt  iluiiL 

Annexed  is  a  denarius  of  Aaguitiu,  on  (hs 

I   leveiM  of  nbich  are  represenUd  two  at 

tbe  Ancilia,  with  an  Apex  between  them. 

The  eplendour  of  the  banquet  by  wbiUi  the 

tolerooiiiea  termiaated  u  commcmoraud 

both  by  Cicero  and  Horace,  and  indeed  tbe 

phraies  SaKarei  dopes  and  JBpuluri  S<iliaTem  in  modum  wcm  to  have  piawd 

■nlo  a  proverb.     Diflerent  members  of  the  ooUege  bore  tbe  titles  of  Fraaid, 

Yates,  sod  Magiiier, 

In  addition  to  the  twelve  Satii  ina^tuled  by  Nnma,  to  whom  tbe  Andlia 
were  conatgned,  and  whose  sanctuary  was  on  the  Palatine,  twelve  other  Salii 
were  inadtuted  by  Tutlus  Hoslilius,  and  these  had  their  suictnary  on  the  Qoiri- 
nal.  Hence,  for  the  sake  of  distinction,  the  former  were  sometimes  deugnated 
Salii  Palatini,  the  latter  Salii  Agonalea  a.  Agonenta  s.  Coliini.^ 
3.  Vetlalei. 
IniUtattoB.  TTBBbcn. — The  VestaUs  were  the  Virgin  Friealesitt  of  TeeU, 
instituted  we  are  told  by  Numa,  although  the  legends  with  regard  to  the  fbond*- 
lion  of  the  city  imply  the  existence  of  a  similar  sisterhood  at  Alba  Longa.  Two 
were  originally  chosen  from  theSamna,  two  from  the  Tiiiet,  and,  subsequently, 
tiro  from  tbe  Luceres^  making  up  the  number  of  ux,  which  ever  afUrwaiot 
remained  unchanged. 

qnBiiflcBtivna.  Mwle  of  ElecUaa.—No  one  was  eligible  except  a  spotlesi 
Patrician  mudcn,  perfect  ui  all  the  members  of  her  body,  between  the  ages  of  six 
and  ten,  the  child  of  parents  free  and  fiee-bom,  who  had  been  united  inmaniage 
by  Con/arreatio  (p.  295,)  The  Veslales  were  originally  nommated  by  tbe  Icinga, 
but  under  the  republic  and  the  empire  by  the  I'onti/ae  Maximal,  the  technical 
phrase  being  cafbbx  Virginem  Veslakm.  Towards  tbe  end  of  tbe  common- 
wealth, in  consequence  of  the  unwillingness  of  parents  to  nmgn  all  oontrol  over 
Ibeir  children,  it  became  difficult  to  find  individuals  willing  to  aorapt  the  offiM) 
and  a  Lex  Papia  (Aul.  Gell.  1. 12)  was  enacted,  in  terma  d  which,  when  a 
vacancy  occurred,  the  Pontifex  Maximus  was  authorised  to  draw  up  a  list  ol 
twenty  damsels  posaeasmg  the  requisite  qualifications,  and  one  of  these  wh 
pablidy  Qied  upon  by  lot.  The  difficulty,  however,  seems  to  have  increased,  in 
consequence  perhaps  of  the  tile  of  Co  n/arrtofio  having  fallen  into  disuse,  fbrwa 
find  that  under  Angnstus  even  Ubertinae  were  admitted. 

Period  ar  ^rvlee.  Dailea^^The  office  was  not  necessarily  for  life,  tbe 
length  of  service  being  fixed  at  thirty  years.  During  tbe  first  ten,  a  Valalii 
was  supposed  to  be  occupied  in  leaning  her  duties,  during  tbe  second  toi  in 
perfbnning  them,  and  during  the  last  ten  in  giving  instructions  to  the  novioea 
Xdisc^mlae.)  During  the  whole  of  this  dme  they  were  bound  to  remain  pan 
«Dd  unwedaed.  When  the  fall  period  had  elapsed,  the  Vestal  might,  if  sba 
tboa^  fit,  letDrn  to  the  worid,  and  even  many ;  but  this  rarely  htqipeoed,  aod 

[L  «.  ds  B.  IL  It.  Id  AtL  7. 1 
a  i-Sl.    Paul  Omb.  l  t.  Axa- 

.  ,,  ..    , -. _.._..     IL  II.  M.    Vlrg.  in.  SM,  eSi 

C. L  invtl.  S. Epp. n. L 80.    Luc»a.L«03,IX.  4r3.    Ovid.  Fl*!,  UL *W.    Jin.a.U. 


.    ,l,z<»i:,.,G00gIf 


umisTEBa  or  beuoior.  3U 

wmk  hbmu  mn  ki^«d  upon  m  of  eTil  omen.  Tbe  Senior  wu  termed  FiuIqKi 
Maxima ;  the  tbiM  SenioiB,  Tra  Maxmae.  Their  chief  daty  wu  to  watdi 
and  feed  tbe  tm  bnniing  Same  which  blazed  upon  the  altv  of  Tests,  the 
extinction  of  Trhicb,allbougb  acddenUU,  wa»  regarded  with  great  horror.  They 
alao  oletmwd  ud  purified,  eooh  dsj,  tbe  temple  of  the  Goddem,  within  tbe  pn- 
•oincte  oTwbidi  they  lived,  goardtng  the  «acred  relict  deposited  ia  Iha  penetralia; 
and  in  oonaeqnenoe  of  tbe  inviolable  character  of  the  aanctuaij,  wilk  and  other 
■doeumeDtt  of  inportaoce  wen  fitqueptly  lodged  in  their  iianda  for  safe  cnilody. 
Thej  aUo  occnpied  a  cmapicnoiu  place  in  all  pieat  poblio  laorifioBi,  prooeMioDa, 
garnet,  and  wlemnitiei  of  eveij  description. 

OBBaan  bh^  PrlTilasu. — The  confioement  and  reaCrictioni  impowd  npoo 
the  Vestali,  were  fnlly  compensated  by  the  distinotiona  thej  enjoyed.  From  the 
moment  of  their  election  they  were  emancipated  irom  the  Patria  Potato*  and 
became  Sui  iuHi.  In  public  they  were  treated  with  the  most  maiked  rsapeot; 
they  might  go  (rom  place  to  place  in  a  chariot ;  in  later  timea  a  Lictor  oleaied 
-the  way  befbre  them ;  a  seat  of  honour  vru  reserved  for  Chora  at  Che  public  shows ; 
the  Fasces  of  a  Praetor  or  Consul  were  lowered  to  do  them  revatnoa ;  and  if  they 
met  a  criminal  on  fait  way  to  ciecution,  he  was  reprieved. 

pBBiakMcBin  fBT  viviaMsa  arDaiT.~The  Vestals  were  mder  the  eontrol 
-and  aulyect  to  the  jnhsdiotion  of  the  Pon^ei  Haiimns.  The  two  great  offeoocs 
which  exposed  them  to  condign  punishment  «ere~l.  Permitting  the  aaa«d  fin 
«r  Vesta  to  be  extinguished  through  neglect.  2.  Breaking  their  vow  of  ahaatitr. 
In  the  first  ease  tbe  cnlprit  was  pnnis^  with  atripee  infiicted  by  the  Pon^j/ez 
Maximui;  in  the  second,  a  terrible  fate  was  reserved  for  the  guilty  one.  8I10 
■was  buried  alive  in  a  spot  called  the  Camput  ScderatnM,  close  to  tbe  Porta 
CoUina  (p,  56j.' 

Of  less  impoitance  than  the  preceding  were  the — 

Lupercif  a  very  acdent  Corporation,  instituted,  it  is  said,  by  Noma,  who,  on 
the  15th  of  Febroary  in  each  year,  celebrated  the  festival  of  tbe  Luperealia  in  a 
BBcred  enclosure  on  the  Palatine  called  Luptrcal,  tbe  animals  tMtificad  behig 
goats  and  dogs.  The  Luptrci  then  stripped  themselves  naked,  threir  tbe  ikiiu 
of  tbe  sUnghtered  goats  over  their  shoulders,  and  with  thongt  In  their  bandt 
cnt  from  the  bidet,  ran  through  the  most  frequented  parts  of  the  dly,  smiting 
all  whom  they  encountered,  the  blow  being  believed  to  possess  apuriiying  infln- 
ence.  Marcus  Anlomoi  is  taunted  by  Cicero  with  having  exhibited  himself  in 
this  gvise  when  Consul,  and  this  was  the  occasion  when  he  offered  a  diadem  to 
Ciesar.  The  Lupereal  was  popularly  snpposed  to  mark  the  den  of  the  wolf 
which  suckled  Romulns  and  Semui ;  and  the  later  Romans  oontidered  that  the 
-oraemoniea  belonged  to  the  worship  of  the  Arcadian  Fan.  The  Luperei  were 
divided  into  two  Collegee,  termed  respectively  the  Fabii  s.  Fabiaiti  and  the 
QuinctUii  s.  Quinctiiiani.  The  legend  invented  to  account  for  these  names  will 
be  fonnd,  together  with  many  other  details  concerning  the  X-uperei  and  the 
LapervaUa,  in  Ovid.  Fast.  U.  267—426.  comp.  V.  101.  * 

1  on  til*  rfrtaiH.  *H  Ui.  L  s.  M.  IV.  *4.  viiL  IS  xxii  ST.  xivL  1.  xxvni.  11.  pint. 
„      ... ^^oIl  Cm,  XXXVII  «.  ILVII.  la  XLvni  J7. 4*. 


LI*.  LS.   qapfanin. 


884 

Potitii  el  PinariL — Theie,  according  to  tha  legand,  wtfe .  two  illnitriou 
ftmiliea  dwdlbg  Dif;!)  tbe  PalKlne  M  the  lime  trben  the  Am  Maxima  wai 
nuaed  to  HeieuleB  b^  Evander,  and  were  b;  him  appcuntcd  to  miniiter  at  Iliat 
•farine.  Of  these,  tha  Pinarii,  who  became  extinct  ftt  id  eulj  epoch,  were, 
from  the  fint,  through  their  own  neglect,  iufeiiDr  to,  and  merelj  •aaUtanU  ofi  the 
Potitii,  -aho  for  maay  ^f^  conUnaed  to  act  oi  prieata  of  the  Hoo-God — PotitH 
eh  Evandro  tdocti,  amatita  saeri  tiut  per  malUa  aetata  Juenint  (Liv.  1. 7.) 
But  in  B.C.S12,  having,  bjthe  advice  of  Appioi,  IhcCenaor,  given  inatrncticau 
to  pnblio  elavci,  in  order  that  tbej  might  delegate  to  them  tha  performance  of 
the  aacred  ritci,  tbe  whole  race  (geniu  omiie)  was  cut  off  in  one  yen,  and 
Aj;[aiu  himBelf,  not  long  afterwards,  waa  stricken  with  blindneaa. ' 

Sodala  T^rt't.— There  waa  in  ancient  times  a  College  of  FtieaU  bearing  thii 
appeHation.  Tacittu  in  one  place  (Ann.  I.  54.)  sajs  that  thej  were  iuatitnted 
^  Titua  Tatius  for  the  purpose  of  keeping  up  the  Sabine  ritual,  (rcd'nnufu 
Sabinoram  taeris,)  and  in  aoother,  (HisL  II.  95.)  that  the/  were  institnlod 
\n  Bomnloa  in  memoij  of  Taljni.  The  account  of  Varro  is  totally  different 
(Ll.  V.  g  85.  comp.  Locan.  L  602.)  The  lift'i  Sodata  are  idd  to  have 
■nggested  the  idea  of  the 

Sodalu  AugtataUt,  lirstinstitnted  A.D.  14,  iu  hooonrof  the  deified  ADgnatw, 
the  number  being  twentj-fiva,  of  whom  twenty-one  were  taken  bj  lot  from  the 
leading  men  of  tbe  state,  and  Tiberius,  Dmsua,  Claudios,  and  Gennaniciu  were 
added  to  make  np  tbe  number  (TaciL  Ann.  1. 64.)  Similar  Collegta  were  intti- 
tated  in  honour  of  other  emperors,  so  that  we  read  in  inscriptions  of  Sodala 
Claudiala,  Sodala  Flaviala,  Sodala  Titiata  Flavitda,  SoilaUtHadrianala, 
&a.  In  addition  to  these  Corporations,  we  find  that  a  siiurle  individual  prieal 
also  was  sometimes  nominated,  who,  under  tbe  title  of  Flamen  Augutlaiii, 
devoted  himself  to  aimilar  du^ea. '  ^ 

General  Ranarti  on  the  Roman  Priats.     N. 
Several  pumU  otainectcd  with  the  Boman  Priests  deserve  partioull^atleutioii. 
Some  of  these  can  be  inferred  from  tbo  statcmcDia  made  above,  butlSjnay  ha 
useful  to  exhibit  them  in  one  view.  \ 

1.  They  did  not  form  an  exclusive  doss  or  caste,  nor  was  any  prelircbai? 
educMion  or  training  requisite.  Persons  were  elected  at  once  to  the  big^fst 
offices  in  the  priesthood  who  bad  never  before  performed  any  sacred  duties.       , 

2.  Sacred  and  Civil  offices  were  not  incompatible,  but  ml^t  be  held  together. 
Thus  P.  Lidnins  Crassusbeingi^nri/ex3fazini<u,  wa*  olao  Ceiuorin  B.C.  Sio'^ 
(Liv.  XXVII.  6.)  Q.  Fabius  Fictor  was  Praetor  and  Ftamen  Quirinaiit  in 
B.C.  189,  (liv.  XXXVII.  50 ;)  and  of  the  two  Coasala  in  B.C.  131,  F.  Lidniua  ' 
CrasauB  was  also  Ponli/a:  Alaximia,  and  L.  Valerina  Flaocui  was  Flamen 
Atartiaiis. 

S.  Two  of  tha  higher  prieatlioods  migiit  be  held  together.  Thus  TL  Sem- 
pronins  Longns  vroa  in  the  same  year  (B.C.  210)  ohosen  Augur  and  also  Xvir 
Sacris/adundis,  (Liv.  XXVIL  G  j)  0-  Fabius  Hazimni.  who  died  iu  B.a  203, 
was  at  once  on  Augur  and  a  Poiitifex,  (Liv.  XXX.  26 ;)  C,  Serviliui  Gemi- 
mis,  who  died  in  B.C.  ISO,  was  both  Pontifex  Maxinuu  and  Xvir  Sacronm 
(Liv.  XL.  42.) 

4.  No  qaallGcatioQ  as  to  age  waa  iuuated  npoc    Mature  years  were,  indeed, 

9.  LVIIL  M.  LO. 


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


/ 


at  flnt  Teqnirad  (Dionys.  II.  21.)  and  for  a  long  period,  mr  jonng  min 
wore  addom  ohOMit.  Thiu  in  B.C.  204,  ve  arg  told  that  Tl  Sempronini 
Gramhoa  waa  alacted  Attgur — Adnuxluni  adolaeeat,  mod  htae  perronon  m 
muuitmSt  »aoirdotia  ertU  (Lit.  XXXIX.  9S.  oomp.  XxT.  C.)  Again,  in  B.C. 
19ft— Q.  FqUmm  JUoztntai  Augur  mortnui  at  admodum  adole»xiii,  print- 
fuoni  nlliaa  magutralam  caperel  (Lir.  XXXIII.  42,)  In  B.C.  180,  Q,  Fulvioa 
vaa  ehoaen  Tllvir  Epuh  vrhile  still  Praetextalia,  that  ii  before  he  had  aaanmed 
the  manlf  Kown ;  and  Jnliiu  Cnur  wu  elected  Flamen  DtaUt  at  the  age  vt 
BCTenteen  (Velleini  II.  43.  SueL  lol.  1.) 

5.  All  the  higher  prieata  were  originally  chosen  from  the  Patridam  eidosiTely, 
bnt  after  the  ^beiang  had  been  b;  law  admitted  to  the  Pontifioale  and  tbt 
Aagniate,  it  ia  probable  that  all  clam  dtgtinctions  were  aboliihed.  except  in  tht 
can  of  tho  Ra  Saerificiu,  the  three  Maiora  FlamtTia,  the  SaUi,  and  the  ' 

Virgint'  VataUs,  who  were  at  all  timea  neceaiaiilj  Patriciana,  probably 
becaiuo  nana  were  eligible  except  Pahimi  et  MaSrind,  that  ia,  the  diildren  of 
parent!  who  had  been  nnitod  b;  Con/arreatio,  (p.  29&).  a  rite  which  appeara 
to  have  been  oonfiiked  to  Fatridani. 

6.  It  wpean  certain,  that,  originally,  all  priesta  wei«  appointed  hy  the  Kinga. 
In  the  eanier  agea  of  the  lepoUic,  the  membera  of  the  fonr  ^reat  CoUegea,  ud 
probablj  of  all  prieatlj  Coll^ea,  were  nomiDated  by  Cooplatto;  bat  thuajatem 
was,  in  all  tbe  more  important  Corponttioot,  «et  aade  by  the  Lex  Ihmlia.  The 
Ve^alei,  and  periiapa  eome  of  the  Flamena,  were  aelected  (capiebantur)  bj  tbs 
PoHt^ex  Maximtu ;  same  other  priests  were  chosen  (creati)  bj  the  Comitta 
Canata;  but  in  every  case,  fbrmfll  admiraion  or  consecration  waa  a  ceremony 
never  diipensed  widi,  and  sincQ  this  eonld  not  be  performed  without  taking  the 
auspicee,  it  waa  termed  Inaugaratio.  Genoally  apeahing,  the  Inauguratio 
Iblluwed  the  election  aa  a  matter  of  coorae,  tea  if  the  auspices  were  unfavonrahle 
at  first,  fresh  ohservntiona  were  made,  and  &«ch  sactificea  oSb«d,  until  the  Godi 
were  propitiated.  When  Julius  Coaar,  however,  was  elected  Flamen  Dialu, 
his  Jnaaguratio  was  stopped  by  Soils. 

7.  As  a  geneikl  rule,  after  a  prieat  waa  conaecraled,  his  office  was  held  for 
life.  In  the  Augur),  at  stated  almve,  tlte  character  was  abaolntely  inddittle; 
and  we  are  assured  by  Plinr  (H.N.  XTIII.  2.)  that  the  same  was  the  case  with 
the  Fratra  Arvaka.  Augnatua,  when  he  stripped  Lefndus  of  all  power,  did 
notventnretodepriTohiinof  the  office  of  Pond/erMaziniuf,  which  was  retainsd 
by  him,  thougb  la  exile,  until  his  death.  One  of  the  higher  Flamatt,  how- 
ever, might  l^  forced  to  resign,  (Val.  Max.  I.  1.  4.)  and  tbe  Flainai  Diaiii 
waa  at  once  disqoaUfled  l)y  the  death  of  the  Flaminica,  A  Vestal  also,  when 
the  thirty  yeaia  of  her  sn^ice  had  expired,  might  unoonseerate  herself^  (exau^- 
rare  u,)  and  return  to  the  world. 

S.  In  BO  &r  as  formal  precedence  was  conoemed,  the  Rtx  Saerifiaa  ranked 
first ;  next  came  the  Flamm  Dtalit ;  the  Flamen  MartiiUit  was  third  ;  tba 
Flamen  Qtariitalu  fourth ;  and  the  Pontiftx  Maximiu  oconpkd  tbe  fiflh  jdaea 
only.  There  is  no  doubt,  however,  tliat  the  Ponft/ez  Sfaxtmiu  stood  first  in 
real  power,  and  exercised  authority  over  all  tbe  others. ' 

in.    WOMBIP  OF  THE  GODI. 

He  wonhip  irf'tbe  Ooda  vonaiatod  of  twoparta: — 
A.  Prayeri.     B.  Offeringt. 
lPMu>.T.OrASmr4*Ow,P  lU     Ut  II  3.  Bplt.  XIX.  ZXX\  a  SI.    Cla  PkOlf^ 

SLi  T^A.iiiLsa  2^ 


A.  Praytrt. 
fnjtn,  tot  wUdi  At  gaunl  tram  is  Preces  s.  Preeatimet,  might  be  cither 
ninte  or  paUio,  that  ia,  the^  might  ellber  be  offered  up  by  indiTidoili  oa 
betudf  of  tbeDuelvM  and  of  th«ir  friends,  or  on  behalf  of  the  commnniCy  n  brgs. 
Privau  pttytxa  might  b«  of  a  general  character,  simple  reqneits  for  the  ^toot  and 
protaotioa  of  Heaven,  (prtret,')  or  they  might  be  thaaksgiving  for  special  benefit* 
reeeivad,  (gratiarvm  aetioM3-~-gratuUitu>nai, )  or  they  might  be  appeals  to  the 
iAtj,  entreating  him  to  arert  or  stop  some  calamity  impending  or  in  progreea 
(oiMcrahiiftuu.)  When  piayen  bad  reference  to  the  liiture,  they  were  generally 
aooompaoied  by  a  promise  on  the  part  of  the  suppliant,  that,  if  his  request  nero 
OWnpUed  with,  he  wonld  perfbrm  some  act  in  rMum.  k  prayer  of  this  deacrip* 
thm  wai  called  Votum,  the  worahipper  was  uiA  Votafacert — audpere—tmn- 
emare  eoneipere — votit  caput  obligare,  and  to  be — Voti  religimie  obitricba. 
Whan  the  prayer  vrai  acoompUehed,  he  became  Voii  compos,  and  at  the  Huna 
time  Voli  rnu  s.  Voli  davmaha,  i.e.  a  debtor  for  hia  partof  theobligadon ;  and' 
in  discharging  this  debt  be  >raa  said — Vola  toloert — extolvtre — pertolsere — 
rtddere — txrtrpii — Voto  fitngi,  and  was  then  Voto  Wieratla,  It  was  not 
mwommon  to  commit  a  Votum  to  writing,  soeh  a  document  being  a  Vottna 
T'oMIa,'  aod  to  attach  it  with  wax  to  the  knee  of  the  deity  addrnsed ;  and 
hence  Javenal,  (S.X.6&.)  wheaspeakiagof  the  thing*  wbioh  men  cluefljdeMn, 
eharaoteriie*  them  as  thoae 


Fnblio  praytn,  termed  SupplieaHoua  a.  Suppticia,  wen  ofibred  in  the  temple* 
thrown  open  lor  the  purpose,  or,  occuionally,  in  the  streeti,  and  were  addressed 
sontetimes  to  one,  sometimes  to  several  divinities,  according  to  the  tdictma  of 
the  Senate,  of  the  nugiatrate,  or  of  the  prieat  by  whom  tli^  were  ordained. 
They  might  be  either  obttcrationa  or  graiaiathna,  and  were  not  nnfreqnently 
combined  with  the  feast  called  a  Xfcfufemium.' 

Supplicatio  is  often  employed  in  a  restricted  sense  to  denote  a  public  thanks- 
giving, voted  by  the  Senate  m  hoDonr  of  a  victotj  achieved  by  a  General  at  the 
head  of  hia  army,  aod  nich  a  Supplicatio,  espeei^y  towards  the  close  of  the 
republic,  was  very  frequently  the  forerunner  of  a  Triumph  (Cie,  ad  Fam,  XV.  6.) 
The  period  during  which  the  festivities  were  to  condnue  was  fixed  by  tin 
Smatut-Conmlium,  and  was  undentood  to  bear  a  relation  to  the  importance  of 
the  exploit  and  the  chaiaoter  of  the  commander.  In  Che  earlier  ages,  one,  two, 
or  three  days  were  common ;  upon  the  taking  of  Teii  the  5uf)piicafu>  Jasted  for 
liniT — SatatuM  in  qtiatridjimn,  qaot  dierum  nulio  ante  btUo,  suppUcationa 
deeemii  (Liv.  V.  23.)  Subsequently  five  days  tiecamo  not  nnoaual,  bat  towaida 
the  doee  of  the  oommonwaalth  we  hear  of  SupplicatUnut  extending  to  ten, 
fifteen,  twenty,  fbrty,  and  even  fifty  dayi.*  On  one  ocoanon  only  was  a  tbanka- 
giving  of  this  nature  deereed  in  honour  of  a  citiaea  holding  do  military  command, 


(legatiu,)  of  Cioaro,  nxtnel j,  afttf  the  ni{^«tmDn  of  tha  Citilinirian   eoD> 

Fai^w  akacrrcd  !■  PrmTl>l — iWheo  in  mdividnal  WM  ebont  to  gin 
Btterance  to  a  ptayer,  he  aarered  hii  head  with  his  girmoit,  raiwd  hii  rigbt 
hand  to  hu  lips,  (hence  the  Ttit  adoro,')  made  a  complete  tnm  with  hU  hoaj, 
moving  towards  the  right — in  adorando  dextram  ad  otculum  re/erimtu  lotum- 
que  corpus  eireumagimiu ' — and  sank  upon  hii  kncca,  or  proetnited  himself  to 
the  earth,  hii  Taoa  towards  the  Eait,  or  if  in  a  temple,  towards  the  aanctoaiy, 
and  at  the  same  time  laid  hold  of  the  horns  of  the  altar,  or  embraced  the  kneea 
of  the  Cod.  In  the  act  of  prayer  the  handi  were  tnmed  ttp  or  down  according 
as  the  ddty  addrened  was  one  of  the  celestials,  or  belonged  to  the  nether 
worid. 

Vfmrdm  af  Ike  PnTtw. — The  ntmoat  importance  wis  attnched  to  tt.  phraae- 
ology  employed,  bec&nae  it  was  muveraally  believed  that  the  words  themselves 
possessed  a  ceiUua  efficacjr  altogether  indepeodenC  of  the  feelings  entertained  bj 
the  roppliant.  Hence,  when  a  magistrate  was  offering  np  a  pnblic  prayer  for  the 
whole  Gommimity,  he  was  nanally  attended  by  one  of  the  I^tifice*  who  dictated 
{praeire  verba)  the  proper  expressions,  fbr  any  mistake  in  this  nspect  might  have 
entailed  tha  wrath  of  heaven  upon  the  whole  State.  It  was  the  practice  to  call 
in  the  first  place  npon  Janus,  as  the  power  whopresidedover  the  beginning  of  all 
things;  then  npon  Jupiter,  as  lord  supreme;  then  upon  the  God  or  Gods 
special!}'  addressed;  and,  finally,  to  wind  np  by  in  invocation  of  the  whole 
heavenly  host,  or  of  all  who  prended  over  some  patttonlar  daputment  of  nature, 
as  when  Virgil,  at  the  opening  of  bis  Georgics,  after  naming  the  chief  patrons  of 
the  UboDTS  of  the  husbandman,  concludes  by  an  appeal  to — Dique  Deatque 
omnes  atudium  qaibua  arva  tueri.  Hoteover,  when  a  God  had  severd  titloi, 
these  were  caretnlly  enmnerated,  lest  that  one  mi^t  have  been  passed  over  in 
which  he  prinoipally  delighted — Malulmt  pater,  $eu  lane  lOxntius  aada — and 
tha  person  who  prayed  nsnally  guarded  himself  against  the  conseqnence  of 
omission  fay  addmg  —  aat  quocunqae  alio  nomine  rite  voearis  —  or  some 
such  phrase. 

B.  Offeringt. 

O^rings  to  the  Gods  may  be  classed  nodec  taax  heads, — 

1.  Thue  which  were  of  a  permanent  charseter,  the  Donaria  at  the  Bomans, 
the  dittHfutm  of  the  Ontka.  2.  Thow;  which  passed  away  and  were 
destroyed  at  the  vefj  momeot  when  tbey  were  offend  to  the  deity,  mdk  wen 
properly  termed  Saerifitia,     8.  Banquets  {Epalae.)     4.  Games  [LudL) 

Dmuria. — Tfaeae  were  f^»  raeamted  to  the  Gods  and  depodted  in  their 
shrines,  by  individuals  or  by  pnblio  bodies,  or  I^  whole  nations,  who  thus  hoped 
to  give  efficacy  to  theii  prayeta,  to  display  their  gratitude  for  benefits  recmed, 
ot  l«  fnlfil  a  TOW.  The  tbuin  dedicated  were  of  a  very  mnlti&rious  chancter; 
any  object  remarkable  (in  its  beaoty,  Its  rarity,  or  its  magnificence,  beW 
legardal  as  an  acceptable  present  In  this  way  the  Tem^dea  of  Greece  and 
BoiDe,  especially  of  the  former,  wen  crowded  with  gorgeous  statuee,  piotrnta, 
tapestry,  rioUy  chased  ^ats,  and  other  costly  vrorks  of  art,  while  a  condderable 
portion  of  the  {dmder  nined  in  war  was  almost  invariably  dispoaed  of  ia  this 
mauMT.    Fret^iently,  howerer,  Donaria  poaseased  no  intrinsio  value,  and  scitved 

1  Cto.  Id  Cat  IIL  IS.  IT.  in  pn  Ball.  30.  In  FUon  I.  FUllpp.  IL  t.    fbtiaOL  II.  M 
>FUB.B.N,XXVIILl.«>Bip.i1irt  Ciini.LI.ia    *Ht.  VicaU.  t.    JIaiiHli.  S.  DL  a 


moalj  to  eoiniiwiDorala  msm  imaifcaUe  epoch  in  tbe  life  of  the  wonhipftr, 
when  he  felt  pecnliarij  called  upon  to  acknoitUdge  the  pcwer  and  lue  for  tba 
protectiwi  of  the  God.  Thui  1x71  whei  thtj  ununed  the  manlj  govn  (Toga 
virilu)  hung  up  to  the  Lara,  the  Bulla,  which  bad  lerred  m  an  amulet  to 
■•re  their  cbildliood  from  the  tenon  of  the  Evil  Rye;  maideni  when  entering 
upon  womanhood  dedicated  their  dolb  (Ftqme)  to  Venna;  the  ahipwicckid 
Hilw  (Btpended  bif  dripping  nnoentiiii  the  ihriiie  of  Neptnne,  and  fixed  to  the 
walla  a  pietora  mrNenting  lui  diMiter;'  while  the  conTalcMcnt  who  had  heen 
raUered  ftnn  a  gnevooa  malad}',  placed  in  the  temple  of  Aeicnlapiiu  a  Tabula 


executed  in  the  prtdoni  metals. 

Donaria  does  not  occur  in  the  lingular  nnmber.  Judging  froai  the  analog; 
of  iSoerarium,  Zorcinum,  and  eimitar  word*,  it  mutt  rignify  prop^j  o  recah 
taclefoT  giJU,  that  portiim  of  templee  §et  apart  for  ^fli,  tlie  Aiistva/  of  a» 
Gredu,  and  in  fact,  m  the  pnitat  anthon  it  it  employed  in  tbe  geoeiaJ  aenie  of 
a  temple  or  an  altar,  e.g. — uru  —  Impanbtu  daeloi  alia  ad  donaria  citma 
(llrg.  G.  III.  633. V--^  '■"<  cofUigoRUt  manStta  donaria  purit  (Ovid.  Fact, 
m.  336.) 

■acrUcla. — Sacrifioei,  propeily  lo  called,  may  be  divided  mto  two  dauea, 
according  aa  the  objecta  offered  v>ere  inanimate  or  animate,  that  it,  bloodiest  or 
bloody  aacrifice*. 

Bloodlen  offeringe  coniieted  for  the  moM  part  of  the  first-lhiita  of  tbe  earth, 
{^ngum  primitiae,)  ^ Ro^nn,  cakea, (lAa,)  hooey,  milk,  wine,  salt,  and  above 
ul,  frankinoenK,  (flu,)  for  witbont  the  periuned unoke  ariaing  from  fragrant 
gnmi  no  laored  rite  waa  r^arded  at  complete  and  acceptable. 

Bloody  offering!  coniiit^  oT  animalt  of  all  kinds,  which  were  pnt  to  death 
with  certain  aoleinaities,  and  were  comprehended  ander  the  general  deelgnatiooa 
of  Victimae  or  Hoiliae,  ThcM  were  nsuilly  the  ordinary  domestic  animals, 
oiBD,  sheep,  goata,  and  ewioe,  hut  Tariooi  other  living  creature*  were  offered, 
and  even  hnman  vicdms,  in  tho  earlier  ages  at  least  of  Greece  and  Some,  were 
by  no  means  uDcommoo.'  Full  grown  victims,  *och  as  balls,  cows,  rame,  ewes, 
boar*,  and  sows,  were  tenned  Hotliae  Maiora;  those  which  had  not  come  to 
maturity,  snch  as  calves,  lambs,  kidi,  or  young  {uga,  Hottiat  lactenta  (Cic.  de 
L^g.  II.  12.  Liv.  XXII.  1.)    Faiticnlar  animals  were  believed  to  be  particularly 

Braierul  to  panicnlar  Gods;  the  hull,  for  example,  to  Ja^ntar,  the  goat  to 
Rochus,  the  sow  to  Ceres,  the  ast  to  Prisma,  and  a  knowledge  of  all  matters 
connected  with  the  eex,  age,  coloor,  and  other  drcnmstances  which  rendered 
each  victim  an  appropriate  offering  to  the  power  which  it  was  wi^ied  to  pro- 
pitiate, formed  an  important  deparUnent  of  priestly  lore — lam  illud  ex  inttiltitit 
PtMtifiewTn  el  Hartapicum  ror  mnlandtim  al,  ipabue  lioitiit  tinnioIaRt/uni  ctri> 

rDto,  cut  maioribia,  cut  laeteiitibut,  eui  marAut,  eid/emini*  (Cic.  de  Legg. 
12.  compare  the  quotation  from  Livy,  in  p.  S75).    Upon  ordinary  occasions 
aoly  one  anunal  was  lacrifieed  at  once,  but  sometimes  large  niunben  of  the  same 

1  nn  BorsM.  whsn  MMMTMnlstlnt  hltaMV  on  »iwp»  from  d 

rtMmtmtt  marii  Aml  a  I  V.  IK 

■  Tim  aHDW  to  U  lUttadosM  IbU  ulsH  u  B.C.  lie.  four  kBDun  tMlnn-Ool^M 
ttrmtm  H  anrtm—wm.  In  wdn  (0  pnmllUu  the  Oodi.  borltd  sHn  In  Oh  Ftnm  & 
wlm  UBnar  rlla  hid  Wan  {wrfbrnwd  A  «i  wrller  epoeb  (LIt.  XXII  ST.)  Thcjaim 


HEUOtOM  OF  THE  KOMAm — BMuncu.  889 

kind,  ai  in  tlie  inn  n/t/Sq  of  tha  Gie^i,  iMMtiiiKi  wrenl  of  different  kindi, 
u  in  the  ueriflee  offered  by  the  Bomani  whenever  pnrificatioiu  took  place  npoft 
*  large  wale,  and  called  SuoBttauriUa  a.  SoliiamiUa,  becaoM  it  conwted  of 
a  sow,  a  ibeep,  and  a  bull.  Tbe  animab  leleclad  for  atoriSce  were  alvraja  nidi 
■s  were  perfect  in  form  and  free  litim  all  bktmih.  BoUi  tod  heifer*  destined  fitr 
tliit  puipoM  were  uanally  «el  apart  from  the  time  of  their  birth  (arit  tervan 
lacToi}  and  exempted  from  all  agricnltnral  labonra  (Hottiae  tniuga — inlacia 
cervice  iuvaieae.)  The  victims  coimaouly  employed  in  the  pnUic  Mlemnitiea 
in  hoDODT  of  Capiloline  Jove  were  milk  wbite  neert  from  Umbiia,  and  we  find 
nnmeroni  alla^ona  in  tbe  classics  to  the  berda  whiob  fed  on  the  banks  of  the 
Clitnoinoi,  a  region  rendered  famous  by  pradodng  tht*  valued  breed  of  cattle 
(eg.  Inv.  S.  XII.  13.) 

Fvnaa  akMired  !•  artrlmt  BacrUcc*  —No  important  nndertaking, 
whether  afiiaeting  tbe  wbok  oommnnitf,  pabKo  bodies,  or  individnals,  wia  ever 
commenced  withont  offering  sacnfioe,  and  bmca  tbe  divinon  into  Saerifieta 
PuUica  and  Sacrifida  Prtvala.  We  iball  deacribe  the  varioni  ceiemoniei  of  a 
Pnblio  Sacrifice  when  offered  on  behalf  of  the  State,  manj  of  these  being,  of 
oonrse,  omitted  or  modified  in  domeatie  and  private  worebip. 
The  persons  activelv  engaged  wero — 

1.  The  individaal  by  whom  the  sacrifice  was  offered,  who  wonld  in  this  case 
be  one  of  the  Conanti,  a  Praetor,  a  General  about  to  set  ont  od  foreign  Mrtice,  or 
tome  other  high  official  perBanage,  acting  as  representative  of  the  people. 

2.  One  of  tbe  Pottlifieet,  and,  in  the  case  of  sacrifices  to  lapiter,  Mars,  or 
Qniriniti,  one  of  the  higher  Flamina,  hy  whom  the  peifinmance  of  all  the  rite* 
would  be  directed  and  superintended. 

3.  Various  asFiftanliofthePonfi/n,  termed  ViCTiMARTi,  Fofae,  CnLTOAMI, 
&C.,  whose  dnty  it  was  to  hnng  tbe  victim  np  to  the  altar,  to  ikughter  and 
dismember  it,  and  to  perfortn  all  the  menial  offices. 

4.  An  ffanaptx  to  inspect  the  entrails. 

5.  A  Tibieen  to  plaj  upon  the  finte  dniing  the  progreas  of  tbe  rites. ' 

6.  A  Praeto. 

?.  la  certain  cases  the  officiating  priest  was  asnsted  by  a  CAUnxirs,  i.e.  a 
five-bom  youth,  the  son  of  pareottwbo  had  been  nailed  by  Con/arreatio,  (puer 
pairimiu  el  mafn'raiu,)  p.  295. 

On  great  oceasions,  in  addition  to  the  ordinaij  crowd,  tbeie  would  be  a  throng 
of  Senators,  magistrates,  and  other  dignitaries. 

All  who  took  a  part  in  the  performance  of  the  rites  were  required  previously 
to  purify  themselves  by  bathing  in  a  ronntng  stream,  to  appear  in  bir  whlt« 
garments,  wearing  on  their  brawi  diaplels  (eoronat)  formed  from  the  leavea  of 
tbe  tiee  or  plant  believed  to  be  most  sccept^le  to  the  deity  at  whose  shrine  the 
act  of  homnge  was  performed.  All  the  priests  preMnt  wore  on  th^  heads  the 
sacred  band  of  white  wool,  (in/ula,)  ivrcathed  round  with  white  rihhons,  (viltae,} 
and  a  similar  decoration  was  attached  to  the  victim  and  to  the  altar.  When  ajj 
things  were  ready,  the  pohlic  crier  (praeco)  commanded  the  assembled  mullitnde 
to  preserve  a  solemn  silence,  (vt  UnffuU  favertt,')  the  pcrfons  offering  the  sacri- 
fice washed  their  hands  in  pore  water,  veiled  their  heads  with  their  robes,  In 
order  that  no  ill-omened  sight  might  meet  thnr  eyes,  while  the  fiate-plajer 
{tibieen)  played  a  solemn  strain,  in  order  that  no  iU-omened  soand  might  fall 
upon  thdr  ean.  The  victim,  adorned  with  serta  and  vittat,  and  with  gilded 
1  Hov  iDdlvpmHlit*  tba  prtHnet  Af  rowjjw  for  tbs  ibt  psrforauac*  vf  uflnd  rltia 


boiDi,  iru  now  led  up  bj  the  Popae  gently  la  the  altar,  ifpouible  with  a  iladk 
rope,  all  violenoe  being  caretiil]/  avoided,  for  an  nDwilling  uoiifice  vu  belierad 
to  be  dutssleful  to  the  Godi,  and  bence  any  relactance  on  the  part  of  the  animil 
wu  regarded  as  of  evil  angurf.  The  Mcrificer  then  repealed  a.  fbnn  of  pnjcr 
dktatea  by  the  Pond/ex ;  wine,  ineense,  and  the  flour  of  Far,  miied  wiUi  ult, 
(mola — nulla  $alga—/rtiga  laltae,)  were  eprinkled  upon  iti  bead,  wilb  the 
■words  Macte  hoc  vino  et  lure  mId,'  and  a  few  iiairs  were  cat  off  from  between  the 
homi,  and  thrown  npoa  the  altar.  Tbe  EUCiifioer  repeated  a  form  of  prmr 
dietated  by  the  Ponli/ex,  and  the  Pqpa  then  asked  the  offidating  prieet  whether 
he  aboold  proceed,  using  the  established  form — Agoae  f  if  he  received  the  expected 
and  appropriate  reply — Hoc  Age — he  etnck  down  the  victim  with  a  mallet, 
(moUou,)  and  then  itabbedit  with  a  knife  (culler.)  The  blood  was  received  in 
a  basin,  and  poured  upon  the  altar,  together  with  wine,  ineenae,  and  aatred  cake 
(jfttim— /trcfum.)  The  victim  was  now  cut  np,  and  the  entrails  examined  by 
the  Hamspex;  (eala  eontut^iat;')  if  the  appearances  presented  were  favourable, 
(enta  bona,)  then  the  saoiScer  was  pronounced  to  have  presented  an  acceptable 
offering,  (litdae,')  hot  if  any  thing  nnnsual  or  unnalnral  presented  itself,  {esta 
(mtiai)  then  it  was  held  noccsuuy  that  another  victim  should  be  slang^teted, 
(lacrijldum  iratavrabatur,)  and  this  was,  if  necessary,  repeated  nntil  tlie 
desired  result  was  obtained.  Tbe  priest  then  sprinkled  the  choicest  portioni  of 
the  entrails  with  mesl,  wine,  and  incense,  and  threw  the  whole  upon  &t 
flames.  *  The  portions  of  the  victims  so  presented  were  called— prQeMCfn  & 
proticiae  t.  ablegntina, — the  priest  in  presenting  them  was  said — tala  poUuxere 
t.  porricere  s.  dmoiiere^aru  exta  imponere,  and  all  the  ceremonies  between 
the  slaughtering  of  tbe  victims  and  the  solemn  presentation  of  the  entrails,  were 
sud  to  take  place  inter  coesa  et  porrecla.  Another  prayer  or  invoctition  was 
then  made  by  the  Poalifex,  who  finally  dismissed  the  mnkitude  by  pronouncing 
the  word  llicel.  It  would  appear  that  from  time  to  lime  during  the  progress 
of  the  rites,  fresh  libalJons  of  wine  were  poured  upon  the  altar,  and  additional 
bccsiae  thrown  upon  tbe  flamea. 

The  flesh  of  the  victim  was  never,  under  ordinary  circumatanoes,  consnmedon 
tbe  altar,  but  was  reserved  for  a  family  feast  in  private  sacriGoes,  and  for  • 
priestly  banquet  (^mlae  aacrijtcalet — potlttctum)  on  public  occasions. 

There  were  certain  distinctions  observed  in  the  forms  of  aacrifidng  to  the 
Celestial  Gods  (fli  Supm)  and  to  the  Gods  of  the  Nether  World  (IX  Inferi.) 

In  sacrificing  to  the  Cdestiol  Gods,  t^e  ceremonies  vrere  performed  by  day. 
The  altar  was  placed  upon  the  surTace  of  the  ground ;  the  sacriGcer  was  arrayed 
in  white  robes,  and  when  he  prayed,  raised  his  hands  to  heaven ;  (he  victinu 
were,  if  posdble,  white ;  when  slaughtered,  the  neck  was  turned  upwards,  and 
the  knife  thrust  in  from  above,  (^imponebatur^)  the  blood  was  pouted  upon  tbe 
altar,  and  the  entrailt  alone  were  consumed. 

In  sacrifices  to  the  Gods  of  the  Xether  Worid,  (In/eriae,)  all  Ibeae  dream- 
stances  were,  as  far  as  possible,  revei^.  The  ceremoniei  were  performed  by 
night ;  the  altar  was  placed  in  a  trench ;  the  sacriGcer  wore  black  gannoits, 
and  prayed  with  his  hands  turned  down;  tbe  victims  were  always  of  a  dark 
colour ;  when  slaughtered,  the  head  was  turned  down,  and  Ibe  knife  thrust  in 
&om  below,  (supponebatur,)  the  blood  was  poured  into  the  trench,  and  tha 

1  Bo  CaU  R.  S.  la.  114.  tS».     BfTT.  (d  Vint.  £n.  Ii.  Ml.    Put  Dlic  >  < 


S91 

■rhole  aniiDil  wai  oonnmed,  becaiua  it  wu  held  imlawAil  to  tnm  to  the  MrrkM 
of  DMU  anj  object  which  had  been  devoted  to  the  infeinal  powers.  Evai  the 
UbBtknu  weie  maia  in  i,  different  manao'.  In  one  cue,  the  ladle  (patera) 
was  held  with  the  palm  of  the  hand  turned  npwardt,  (miiRti  tupiiia,)  and  tlie 
wine  was  pouied  ont  b;  a  (biward  inclination ;  in  the  other,  the  hand  wai 
inTerted,  and  the  paltra  turned  njaie  down, — the  Ibnner  act  waa  termed 
Libare,  the  Utter  DeHbare. 

■send  If  leaaiu. — We  ihaQ  give  a  liat  of  thew,  aoootnpanied  b;  iUnitnitictM 
of  the  different  objaota,  aome  of  which  have  been  placed  at  Che  end  of  ChapCen 
Tm.audlX. 

Aeerra  a,  TWibuIura  i.  ATotla  Turaria. — The  box  in  which  iucenae  waa 
contained  and  bronght  to  the  altar.  It  ninat  not  be  oonibnnded  with  the  Cauer 
•mplored  in  Jewish  litea,  a  veuel  in  which  incente  waa  oonnuned.  Hot.  0. 
ni.  ■*ui.  2.  Tirg.  Mb.  V.  7M.  Grid.  Epp.  ei  P.  IT.  YiiL  39.  Pera.  8. 11 
b.  oomp.  Paul.  Diac  i.v.  p.  18.     Cic  de  Ugg.  iUi.     See  (1)  p.  283. 

Paltra  a.  PaStUa  ngnifiea  generally  a  fiat  plate  or  ihaliotB  taueer;  bat  in 
connection  with  lacriEoGB  denotes  &  ladle  with  or  without  a  handle,  tued  tat 
pooring  libationa  of  wine  upon  the  altar.  Han;  pa  fa-<u,  formed  of  earthenware 
and  bnmze,  have  been  preserved,  and  maj  be  seen  in  all  considerable  eolleotiona. 
See  (2)  p.  283. 

SinipnituB)  a.  Statpalam  it  defined  bj  Pauloa  Diacon.  ^.t,  p.  837,  to  be — 
Vatpearvuban  wm  aiatimiU  e^atho,  qvo  vinum  in  merificiu  libabatUT.  It  b 
very  frequently  represented  on  omna  and  other  andent  monnmenta,  and  bdng 
always  i^  small  sixe,  gave  rise  to  the  proverb,  etcilarefitictju  in  ampulo,  i.e.  to 
make  much  ado  about  mtkhig.  Tarro  L.L.  T.  §  ISi.  et  ap.  Non.  b.v.  Sinmu' 
num  p.  375.  ed.  Gerl.   CicdeOraI.n.51.  deLe^.m.16.    See  fS)  p.  283. 

Gvltut. — k  bottle  with  a  long  narrow  neck,  nsed  for  the  same  purpose  as  the 
patera  and  the  nmpuluni.  Vano  LL  T.  S  124.  Plin.  H.S.  XVI.  38.  An 
eiceUcmt  tepreaentation  is  given  on  the  fint  of  the  two  large  coins  engraved  in 
the  next  page. 

.fVoe/eruuIum  is  defined  to  be — VaMaeneumimeanta  patent  titmtmtn,  veba 
pelvu  quo  ad  eacrifieia  atebanlw.     Festns  and  FaoL  Diac  b.v.  p.  248.  249. 

Atpergillum  is  a  word  not  found  in  any  claaaical  author,  but  is  nsed  by 
writer!  on  antiquities  to  denote  an  object  very  frequently  r^uvaented  in  oonnec- 
lion  with  Eoman  aaoifiees,  and  which  was  eviden^y  a  sort  of  bmab  used  for 
sprinkling.    See  (4)  p.  283. 

Sece^tita,  Cmer,  Seemit,  all  denote  kniv«a  and  axes  employed  in  slaughCer- 
iog  and  disembowelling  the  Tictinia.  Stveral  inatraments  of  tliis  kbd,  varying 
in  abuie,  ate  frequently  icuicacuted  on  odna  and  baa  reliefi ;  but  it  is  extreme^ 
diffleatt  to  dedde  whi<^  of  them  waa  the  Stee^nta,  notwithstanding  the  defini- 
tion, nnfbrtnnatelymntllated,  of  it  givtn  by  Festns  (s.  v.  p.  S48.)aAerAntestina 
Labeo,  and  by  Panlns  Diaoonm  (a. v.  p.  336.)  Comp.  Scrv.  Tli^g.  .£n.  IT.  26S. 
and  Bueton.  Tib.  25.     Bee  p.  859. 

On  the  denaritu  of  Nero,  figured  in  page 
240.areT(^>resented  a^impnltim,  aTVtptu,  , 
a  Patera,  and  a  lAtuta,  the  fint  beinf  l 
generally  regarded  as  the  symbol  of  the 
PonHfeatiii,  the  second  otXVviratvt,  tbl 
third  <^  Vllvirabu,  and  the  fonrth  of  the 
On  the  Denarius  of  Ccaar,  of 
■  annexed,  are  iqaesented  a  Simptimi,  K  Stcarit  at  ViiMrttp 

Cocwlc 


393  REUQIOM  or  THB  IMlMAItB— SACBED  IU>;QURt1l. 


ao  AtpergUli  m,  r.nd  tha  Apez,  the  ijnnbol  of  the  Flaminium.     On  Uk  Auren* 
of  Angnstni,  ilf  which  also  we  annex  ft  cat,  we  see  die  Simpulinn  snd-the  Litwa, 

while  on  [he  revene,  the  foiinds  of  ■ 

new  odIduj  is  represented  mariiing  ont 

,     ihe  Iiolf  circuit  of  the  walk  ivilh  a 

i    ploDch.  (See  pp.  5,116). 

ft       Oa  the  first  of  tlic  ooins  figured  h*- 

I  low,  which  is  the  nsvetse  of  a  largo 

V   brass  of  H.  Anrelina,  are  represented  a 

Siiapulum,  a  Zi'luus,  a  Gultm,  an  At- 

pergUlum,  and  ft  C'oUer  or  Seceipila. 

On  the  second,  which  is  the  reverse  of  a  large  bran  of  Cali^la,  the  Emperor 

b  represeiled  sacrificing  at  an  nlttu-  placed  before  the  portico  of  a  temple,  with. 

a  paitra  in  his  hand,  and  with  his  head  covered ;  {capite  velato;)  in  front 

of  bim  is  a  Popa,  naked  to  the  waist,  holding  the  victim,  and  at  his  side  a 

CamSlui,  bearing,  perhaps,  a  Prae/erieulum,  or  some  such  TesseL 


jrfuteei  were  large  plates  or  dishei  employed  at  banquets  and  at  sacrifices, 
npon  which  the  vianda  or  portions  of  the  victims  were  laid,  as  when  Yirgil,  in 
dcMranng  rich  soil,  declares 

hie  fartUis  nvae, 
Hie  latids,  qnalcm  pateris  libsmus  et  aaro, 
Infi&vit  qunm  pingnia  ebur  TyrrherKU  ad  arss 
Lancibui  et  psDilis  famsnCia  reddlmns  exta,— Q.  II.  191. 

B«B4«cu. — Epulum,     Epulat. — Every  year,  during   iha  Ludi  Bomani, 

and  at  other  periods  also,  a  feast  termed  Epulum  Jova  was  spread  in  Ihe  Capi- 
tol. The  statue  of  Jupiter  was  placed  at  table  in  a  reclining  posture,  while 
those  of  Juno  and  Minerva  sat  upright  on  each  side  of  him,  Senators  being 
admitted  to  share  in  the  banquet. '  Moreover,  the  temples  of  many  Gods,  pn>- 
bablj  of  all  belonging  to  the  highest  class,  contained  couches  or  sofas  termed 
Pulvinaria,  and  it  wns  not  uncommon  for  the  Senate  in  seasons  of  great  exultation 
or  depres^n,  to  order  the  statues  of  some  or  of  all  these  deities  to  he  laid  upon 
the  couches  in  pairs,  and  banquets  to  be  served  up  to  (hem,  either  in  the  temples 
themselves  or  in  some  place  of  pnblio  resort,  and  such  a  solemnitv  was  termed 
Lectittcrmian.  The  first  display  of  this  kind  is  said  to  have  taken  place  B.C. 
899,  dttring  the  ravages  of  a  pestilence,  in  obedience  to  an  injunc^n  contained 

>  abl s<a m. a  xiL a  vii. hu. ii. 1. 1. 1.  lit.  xxxLt.xzxm.4;.  xxxviiLsr. 

Ok  «•  Oral.  lU.  Ift    OnL  da  Huniplo.  mp.  la    Amiib.VlL3(.    Dtoo  Cui.  XLVULM 


OF  THE  XOIUKS— l.>cn8TBIt.-iU.  S98 

ID  the  Sibylline  books — Duumviri  tacrii  facHmdu,  Lbctistkukio  (uru  primtuH 
m  urbe  Romana  facto,  per  diet  octo  ApoUinem  Lalonamque,  Dianam  el  Htr- 
eiilem,  MercuHim  atqve  Neptvnnra  trVms,  qaam  amplvttime  turn  apparari 
poltral,itratii  iKtupUtcavert  (Uv.V.  13. y-'DanLecluternium  per  tridmrn 
nabiium,  Dtcemvirit  Sacrorum  curantibus.  Sea  pulcirtaria  in  eonmeeln 
Jkere:  loviae  lunoniunurn:  atlerum  Neptuno  ac  Minereat :  lerltum  ifarli 
ae  Feneri;  quarlum  ApoUini ac ZHanat; quintum  Vulcanoac  Veilae:  textual 
Meratria  ae  CereH  (Ut.  XXII.  10.  B.C.  217.)— /«  /om  ptAUcia  uM  Lectif 
tamium  erat,  Dtorum  capita,  quae  in  leeli*  erani,  averlerunl  §e  (IJv.  XL. 
69.  B.C.  179.) 

The  above  puugei,  it  will  be  observed,  all  refer  to  eitnordinary  tolemuititi 
of  nra  occurrence ;  for  altliough  the  Erst  Lectiilemiunt  waa  celebrated  in  B.C. 
399,  there  were  only  three  ollicra  during  the  next  eoveiity  yeaiB ;  (Lit.  VIII, 
2S ;)  but  it  nonld  ■ppcar  that  as  early  la  B.C.  191,  Leclixlemia  formed  part 
of  the  onlinarj  worBhip  of  certain  Gods,  and  were  going  on  during  the  greater 
pait  of  the  year — P.  Conelium  Cn.  Jilium  Scipionem  et  if.  Acilium  Gla- 
monem  Cownda,  inito  magiitratu,  Palren,  priutquam  de  pTooinciit  agerent, 
ret  divinai  faeere  maumoiu  hoitUt  iusterunt  in  omnStut  /anil,  IN  QUtDUs 

IiKCnSTEKIdUM  MAIOREM  FATtTEU  ANNI  FIEKI  30LST    .    .    .    ta  Omnia  SUCri- 

Jicia  laeta  faerunt,  primiiq'ie  honlia  ptrlilaium  eit  (liv.  XXXTI.  1 ;  the  irordi 
printed  ia  capitali  occnr  again  in  XLII.  30.) 

A  SuppHeatio  wa«  Irequently  combined  witli  a  Leclulemium ;  and  it  Is  pro- 
bable that  the  latter  ia  always  implied  when  we  meet  with  such  eipresaions  as — 
Decrelum,  ut  qwique  diet  area  omnia  puluinaria  lupplicaretur  (Liv.  XXX. 
SI.) — Quonimtt  ad  omnia  palvinaria  mppUcatio  deereta  tat  (Cic  ia  Cat.  111. 
10.; — Miro  cerlamine  procerum  dtcemuntur  luppUeationa  ad  omnia  pul- 
vinaria  (Xadt.  Ann.  XIV.  12.) 

SeUisternium. — Since  it  was  the  practice  for  women  among  the  SomatM  to 
tSt  and  not  to  recline  at  meala,  when  a  ^anqnet  was  presented  to  female  deitiea 
alone,  it  was  denominated  not  Lectiilemium,  bnl  SeUitCernium.' 

Convivium  Publicum,  a  poblio  banquet,  was  also  a  religions  rite,  connected 
•ometimea  with  a  Lectittemium,  sometimes  with  other  solemnities;  bnt  the 
expneston  is  not  always  employed  in  the  same  sense.  It  occasionally  signifies 
an  exercise  of  hospitality  on  the  part  of  all  househoEdere  who  prepared  repasts, 
threw  open  their  doors,  and  invited  all  who  passed  by  to  partalie.  Thus  Livy, 
after  tecoirjiuff  the  first  Leetisteniittm  in  the  words  quoted  above  fivm  T.  13, 
proceeds — Prtvatim  quoque  id  eacrvm  celebratum  eat  Tola  icrbe  patentSms 
ianuii,  promiscuoque  uiu  rerun  omnium  in  propalulo  posilo  notot  ignotoique 
pamm  adpenai  in  hoapitium  ductoi /enint.  Again,  when  ws  read  (Lir.  XXII. 
1.  B.C.  217) — Postremo  Decembri  iam  menae  ad  aedem  Saturni  Roman 
immolatum  at,  kctistemiumque  imperatam  (_et  earn  Uclum  Senatores  atraieTiini) 
a  convivium  puftKctim— it  may  be  a  mntlcr  of  doubt  whetlicr  the  Senate 
enjoined  the  citiuns  in  general  to  keep  open  honse,  or  I'oted  a  sum  of  money 
from  the  pnblic  funds  for  a  tepast,  of  which  all  >r1io  tliought  fit  might  partake  at 
that  festive  season.  Ag^,  the  Eptdum  lovia,  to  which  Senators  were  admitted, 
might  be  r^aided,  io  a  restricted  sense,  as  a  Coniriduin  Publicum ;  nnd  lastly, 
the  magnificent  entertainments  given  in  the  fomm  or  some  temple  by  peraons  of 
wealth,  especially  towards  the  close  of  the  republic,  in  whioh  laige  bodies  of 

)  ViL  Uaa.  n  L  t.     TulL  Ann.  XV.  U.     Tntm  it.  Stlh.  p.  3at.     ttrr.  it  Virf.  Ma. 


3M  BEUQIOK  OF  TBB 

their  (riendt,  and  Bometimes  the  conunuoit;  at  large,  nere  the  guena,  fell  nadir 
the  bead  of  Convivia  Pablica.  These  frequently  rormed  part  of  fuuoal 
■olemmdcs,  {eptilum /wntbre,)  as,  for  eiampte,  that  given  bj  Q.  Maximoe  oo 
the  death  of  Africanus,  to  which  he  invited  the  whoU  Bomtu  people — Qium 
«pu&nn  Q.  Maxirmu  A/ricampatnd  tui  nomint  populo  Romano  daret  (Cie. 
pro  UoreD.  S6 ;)  and  thai  in  honour  of  P.  Lidnioa  CrasBus,  nho  bad  beeu 
Pontifex  Maximas,  of  whiob  Livj  eaya  (XXXIX.  46.  B.C.  183)— P.  Lidmi 
Juneris  eamavuceratio  data,  etgladialorei  CXX pugaasenatt,  etludi/unebres 
per  tndmaa  faeti,  post  ludoi  Epalam.  7n  qiio,qtitan  tolo foro ttrata  triclima 
uamt,  &c  Bo  Juliue  Ctesar — Adiecit  epuium,  et  vuceralKititm  ac,  post  Uii- 
pamauem  mctoriam,  duoprandia;  (Sueton,  Caes.880  and  in  AfiJca,  npoa 
the  acoewon  of  Otho— Crucou  Netvnit  Ubertut  Epulutn  ple&>  eb  laetiUam 
rtcentit  imperii  obtulerat  (Tadt.  HiM.  I,  76.) 

Obbcs,  DHd  tkrlr  ciiiaM«eiiii*H. — Pnblio  Guam  (Liuli)  foimed  ao  im- 
portant featnre  in  the  warship  of  the  Gods,  and  in  the  earlier  ages  were  always 
regarded  as  religions  rites ;  so  that  the  irords  LwH,  Feriae,  and  Diet  Fati, 
are  frequently  employed  as  synonymous.  Games  celebrated  e»eiy  year  upon  a 
fiied  day  were  denominated  Ludi  StaH.  Such  were  the  Ludi  Jfomant  a. 
Ma^ni,  held  inrariaUy  on  the  4th  of  September ;  the  Mtgaletia  on  4th 
April ;  the  Flaralia  on  28th  April ;  and  many  others.  Games  oekbrated  tegn- 
lariy  every  year,  but  on  a  day  fixed  annually  by  the  public  authorities,  -nen 
called  Ludi  Ctmceplivi.  Socli  were  tha  Feriae  Latinae.  The  Ludi  ApolU- 
nares  were  C<nicepiici  &am  tlie  period  of  thdr  iostitntian  in  B.C.  312,  until 
B.C.  20H,  when  they  became  Slali,  bang  Gied  to  the  5tb  of  July  (Uv.  XXT. 
12.  XXVII.  2S.)  Games  celebrated  by  order  of  the  Senate,  of  tbe  magistrates, 
or  of  the  higher  priesla,  to  comrnenioratc  some  eitraordinaiy  evcat,  such  as  a 
victory,  or  to  avert  a  pestilence,  were  called  Ludi  Imptratim;  those  celebrated 
in  fiilGhnimt  of  a  vovr,  Ludi  Votim.  Entertainmenla  of  a  limilar  nature  were 
BometimcB  celebrated  by  private  peraona,  eapeeially  at  tbe  obsequies  of  a  near 
kinsman.  Each  were  Ludi  Funehres.  Another  clasufication  of  Ludi  was  deriv«d 
from  tlie  plaM  where  they  were  eihii»ted  and  the  nature  of  the  exhibition ;  and 
this  we  shall  adopt  in  the  following  sections.  Viewed  from  thii  point,  they 
may  he  divided  into — 1 .  Ludi  Circensa.  chariot  races  and  other  games  exhibitiid 
in  a  Citcos.  S.  LwU  Seeniei,  dramatic  euteitainmenta  exhibited  in  a  theabe. 
8.  Jl/unera  Gladiatoria,  prize-fights,  whjch  were  usually  exhibited  in  an 
Amphitheatre. 

1.  Ludi  areenta. 

These  oonaisted  chiefly  of  Chariot  Races,  a  spedes  of  contest  in  which  tbe 
Bomans  look  ipeoial  delight  from  the  earliest  epochs.  Tradition  declared  that 
Bomnlua  celebrated  in  this  manner  the  Consualia,  (p.  371,)  and  he  is  said  to 
have  instituted  also,  in  honour  of  Mars,  the  horee  races  called  Eguiria,  which 
continued  down  to  a  late  period,  and  were  held  twice  a-year,  on  tbe  27tli  Feb- 
ruary (///.  Kal.  Mart)  and  llth  March  (Prid.  Id.  Mart.)  in  the  Campus 
Hartius,  or,  when  this  ;^ain  was  overflowed  by  the  river,  on  a  flat  space  on  the 
Coelian  Hill,  lienco  termed  Minor  Campui. ' 

CIrcH*  DlulHiBa. — In  order  that  stKh  shows  might  be  exhibited  with  greater 

ILlT.  LR.    DIonTiIUILai. 
.IIl  TiinllliB.  da  ihi^Mis.  ViTToL.^. 

f.ai.i.T.i(ii/«wfi,ci,np».pL  131.  s«T, ad vin. jed. VUL a 


SAKM  or  ZHT  dBCOB. 


u  the  CiKCDB  I  ,  .  . .._ 

called  the  VaUu  Murcia,  and  surrounded  the  spaoe  n-ith  icafTolding  fbr  the 
ooDvenieDce  of  the  q>ectat«ira.  The  Circut  of  Tan^uiniut,  irhich  mult  have  been 
ropeatedlf  altend  and  lepaired  rtaia  the  repablic,  wm  recoustmoted  upon  a 
gTkodcr  scale  b;  Jplius  Ccaar ;  and  almoet  eveiy  snaKeding  emperor  seems  U: 
hsTS  done  something  eitlier  to  mcrcaae  the  splendour  of  the  ^Gce,  or  to  add  to 
the  oomfort  of  the  public. ' 

TBrquinuu,  we  aie  unued,  not  onlj  oonitrocted  the  Ciroos,  bnt  first  arranged 
the  shows  in  a  sjstema^  Tono,  and  inCrodoeed  gTmnsstio  contest*,  the  performen 
having  been  brought  fnan  Etniiia.  He  also  inititnted  a  new  festivBl  in  honour 
of  Japter,  Jnno,  and  Uinerva,  which  was  observed  with  gieat  pomp  ererj  jeu, 
the  ginuB  T«pnwnted  bdag  Uyied  emphalirali;  Ludi  Bomaai,  or  Ludi  Magm 
(Ur.  I.  86.) 

Knee  the  Brat  Circns  was  constnoted  by  Tanjoinins,  the  name  of  Ludi  C!r- 
enuet  first  anwe  at  this  period  j  and  thna  the  Ltuli  Romani  instituted  by  him 
ate  &eqiieiit]]r  termed  Kmri^txi'^  ^"^*  Circenaa.  Bnt  there  were  a  great 
manj  Mher  featiTals  dnring  which  games  were  exhibited  in  the  Circus,  and 
which,  altboogfa  altogether  distinct  from  the  Ludi  Romani,  were  with  equal 
profBiety  tffraed  Ladi  Cireentu.  Thus  Ludi  Circerua  were  exhibited  during 
the  l^tivals  of  Ceres,  (Cereoiia,)  of  Apollo  (Lucfi  ApolUitaru,)  of  Cybele, 
(Megoiema  s.  Ludi  Megalenat*,)  of  Flora,  (Floralia,')  and  many  otheta. 

Gr»nl  PwK  cf  Ike  CItch*.— The  most  complete  account  of  the  Ctreut 
Maximiu  is  to  be  found  in  Sionysini  (IIL  G8.}  It  is  to  be  obeerrcd,  that 
tltboDgh  he  refers  the  first  construottoa  at  the  Circus  to  Tarquiniui,  his  description 
relates  to  the  appearance  which  it  preeeuted  in  hie  own  times.  The  substance  of  the 
passage  in  qneation  ia  to  the  following  effect :  "  Tarquinius  formed  the  greatest  of 
all  tlie  Circi,  that  which  is  situated  between  the  Aveatiue  and  the  Palatine.  .  .  . 
This  work  was  destined  in  theeonreeoftime  to  become  one  of  the  most  beantilbl 
and  wonderful  atrucEures  of  the  city.  The  length  of  the  Circua  is  three  stadia 
and  a  haU;  (abont  700  yards,)  and  the  breadth  four  plethra  j  (about  185  yaide ;) 
aronnd  it,  along  the  two  greater  aides  and  one  of  the  lesser,  a  trench  (^Eariput) 
has  been  dug  fbr  the  reception  of  water,  ten  feet  in  breadth  and  in  depth,  and 
bdiiiid  this  neuch  a  triple  row  of  covered  portiooea,  one  above  the  other,  has 
bwn  built.  The  lowest  of  tbeee  has  stone  seats,  like  those  in  the  theatres,  of 
small  elevationi,  bnt  the  seats  in  the  upper  porticoes  ate  of  wood.  The  two 
laif  er  rides  of  the  Circus  are  brought  together  and  miita,  being  connected  by 
one  of  the  aborter  sides,  which  is  semioirroUr  iu  shape,  so  that  the  three  form 
one  oonlinDons  portico  like  an  amphitheatre,  eight  stadia  (about  1620  yards)  in 
urcnmfeteoce,  sufficient  to  contain  160,000  persons.  But  the  remaining  smaller 
ude  bdng  left  uncovered,  contama  atarting  places  arched  over,  which  are  all 
opened  at  onoe  by  means  of  a  ungle  barner.  There  ie  also  another  covert 
pcrtioo  of  one  Stofy,  which  runs  round  the  Circus  on  the  ontside,  oontainiog 
workshops  and  dwdliug  houses  above  tbem.  Throagfa  this  portico,  beside  ea<£ 
workshop,  are  entrances  and  slaircasea  for  those  who  come  to  see  the  shovs,  so 
that  no  crowding  takes  place  among  so  many  tens  of  thousands  passing  in  and 
coming  out." 

Retirved  Seali, — According  to  the  description  given  in  Dionyuos  of  the 

<Ut.  laa,  .iHuvKnLn.    rua.  h.n.  xvl  ik    Run.  lai.  at.  i>«ib.  s.    anaotm. 


39e  ouua  oif  THB  ciRCua. 

Cfrvti*  Uaximta  u  oonitructed  by  Tarqniniut,  each  of  the  tliiitf  Oaw  hal  ■ 
qiace  tttigned  to  it,  and  from  these  the  PlebeiuiB  moit  liave  been  ezolnded. 
After  all  political  diitinctioni  between  the  differeit  orders  in  the  state  hid  die- 
appeared,  the  people  wem  to  have  sat  promiscuonslj,  until  Angmtai  ordained 
that  the  front  seats  it  all  poblio  exiiibitions  of  everj  dracriptioD  shonld  be  reserred 
for  Senators;  and  places  were  set  apart  for  the  Eqoilci  alto  at  the  Ladi  Cir- 
eeutei  hy  order  of  Kero. ' 

Arta  ofihe  Circta. — The  6at  space  encompaned  by  the  portiooea  was  eara- 
fallj  levelled,  and  being  strewed  with  sand,  was  called  the  Arena.  The  itraigbt 
wall  by  wbidi  the  Cirou  was  terminated  at  one  end  had  cms  large  entranoe  in 
the  centre,  by  which  the  solemn  procefiions  filed  into  the  interior.  On  each  side 
of  the  oentml  entrance  were  smalter  openings,  (Odia,)  which  led  from  theontsido 
into  small  arched  chnmhers  called  Carcera,  where  the  chaiiots  itood  before  the 
oommeacetnent  of  Uie  race.  The  Careered  were  closed  towards  the  Arena  by 
doors  termed  Cbmttra  or  JUpagata,  faetened  by  a  cross  bar,  and  m>  oontnTed 
that  they  conid  he  flung  open  aU  at  once,  and  thui  allow  the  chariota  to  dart 
forward  with  a  fair  etart.  The  wall  whidi  contained  the  Carcera  was  orna- 
mented at  the  top  with  battlements,  and  from  this  dicumstance  is  sometimes 
termed  Opjpidum. '  Down  the  Arena,  parallel  to  tlie  two  larger  sides,  bnt  not 
reaching  to  cither  extremity,  and  nearer  to  the  left  hand  aide  than  to  the 
right,  ran  a  low  wall,  the  Spina.  At  each  end  of  the  Spina  rose  a  group 
of  three  small  conical  pillars  clnstcred  together;  these  were  the  Jfetae.  Between 
the  Carcera  and  the  nearest  Mela,  a  etraiglit  line  was  drawn  with  chalk 
across  the  Circns ;  this  was  varioosly  teninid  Alba  Linea,  Creta,  Calx.*  On 
the  top  of  tlie  Spina  stood  small  frames  or  tables  aupported  on  pillaia,  and 
also  small  pieces  of  miirhlc  in  the  shape  of  eggs  or  dolphins.  The  franwa 
were  the  Phalae ;  the  pieces  of  marble,  according  to  their  form,  Ona  ch'  Det- 
pkinL  Finally,  Augustus  erected  in  tlie  Ciraa  Maximua  an  obelisk  which  be 
transported  from  Egypt,  the  tame  which  now  stands  in  tlie  Piana  del  Popolo ; 
and  a  second  obelisk  of  moch  larger  dimensions  was  bronght  to  Italy  by  Coo- 
staotini,  and  placed  also  m  tlie  Ciicoi  It  now  stands  in  front  of  the  grttt 
dinrch  of  Sl  Giovanni  in  Laterano. 

The  description  of  Dionytins,  and  what  hat  been  said  In  the  last  paragraph, 
will  be  more  easily  understood  by  referring  to  the  ground  plan  in  the  next  page, 
which  is  taken  chiefly  from  aClrcusof  whiclioinsiderablc  remuns  axe  s^  visible 
in  Che  immediate  vicinity  of  Rome,  and  which  is  commonly  known  as  the  Circns 
of  Caracolia.  Annexed  to  the  plan  are  cuts  from  two  large  brass  coins,  one  of 
Trajsn,  in  which  we  clearly  distingnish  the  obelisk  of  Augustus,  the  external 
portico,  the  Spina,  the  Metae,  the  PknUx  with  its  Oea,  and  the  Temple  of  the 
Snn ;  the  other  of  Baltanus,  representing  one  of  the  groups  r>!  Metae. 

In  addition  to  the  CiVcuj  Maximw,  we  hear  of  the  Cirau  Flaminiat,  cofk- 
Bimcted  in  the  Praia  Flaminia  by  C.  Flaminins  when  Censor,  B.C.  220;  of 
the  Cirona  of  Flora,  vhich  lay  between  the  ColUs  Quirinalit  and  the  CoUii 
Hortuiortun ;  of  the  Circns  d  Nero  which  occupied  the  ground  on  which  SL 
Peter's  now  atanda ;  and  of  tome  others  of  less  note ;  but  although  these  differed 
fitim  the  Circ^u  Maximta,  and  from  each  other  in  magrutude,  we  have  no 
reason  to  tuppoM  that  there  was  any  variation  in  the  general  diepoeitiou  of  tha 

1  Bon.  OMH.  4(.  C1aiid.ll.  NfT,  H.  Dom.  & 

sv»TaL.L.  V.llita.    LO.Vtll.M.    So«.  awL  tl.    CissMor.  Var.  in.  al. 
■Cualodw.l.o.    Orid.  »M. X.  loe.     Liv.  XXXVII.  ST.     niB.  K N.  TUL  «».  XXZV 
».    ■Hw.Xpp.CVIlI.    Hot.  Kpp.  L  ITIL  IS. 

o.wlc 


auoM  or  TBii  oiiaut.  397 

iOennt  puU.    Having  thersTore  dtscribed  tlie  genenl  Tom  of  ■  Soman  Cimt^ 
'•  m»j  now  pcooMd  to  give  mom  account  of  the  ihowi  exhibited. 


A.  The  Arena. 

B.  The  Spinel. 

C.  ThtMelae. 
It.  The£uripiu. 

E.  The  Carctra. 

F.  The  Allxi  Lmta. 
Q.  The  Seat*. 


_nMiU| 


ChariM  nBd  ll««e  »■(«. — The  moet  importaot  snd  the  moM  aocient 
portioD  or  the  ehowi  ooniiBted  of  Chariot  Races.  The  ehoiiots  were  drawn  Kime- 
timei  hj  four  hones,  {Quadrigae,)  aonetimea  by  two,  (Bigae,)  and  sometimes, 
though  rarelj,  bj  tbne  (Trigae.)  There  were  racee  between  mounted  horsei 
alto,  (Equi  tingulara,}  and  occAMonally  each  rider  had  two  horses,  vaulting 
from  ODE  to  the  other  {Dauiiora — Bqui  detulloriu)  When  Chariot  Bacea 
Kere  abont  to  begin,  Detultoret  rode  round  the  oootm  to  auDonnce  the  com- 
menoement  of  the  sports ;  and  we  learn  fi^)m  ancient  monuments  oa  which 
Chariot  Baoes  are  depicted,  that  lli«  chariots  were  fitquentljr  attended  bj  riden, 
wboae  bnriiMM  was,  m  all  probabilit}',  to  give  them  assistanoe  in  ca«e  of  any 
accident,  and  to  obeer  them  on. ' 

Mittia.  Curricula, — The  number  of  chariots  which  contended  together  in 
(Be  race  was  always  four,  until  the  time  of  Domitian,  bj  whom  it  was  increaied 
to  eix.  Each  of  these  matches  was  termed  a  Mit*ut,  and  the  ntimber  of  Miinu 
in  one  day  waa  regularlj  twenty-four,  although  in  ancient  times  a  twenty-fifth 
was  added,  and  the  cost  defrayed  by  voluntary  contributioiu.  The  four  chariou 
bonit  plated  each  in  a  separate  Career,  the  ai^utl  for  itarting  was  given  by 
the  Awdeot  of  the  Games,  (^Edilor  SpeelacuUl)  who  waa  usually  one  of  the 
b^wr  tnagiitfatee,  by  throwing  down  a  napkin,  (Mappa,)  upon  whicli  the 
BqaoffiJa  were  flng  DMk  (imuTtaneomly,  and  the  chariots  dashed  out    Tbay 


ilv.iL>!.  I 


I.  In).  M.  TIbw.  SO.  ClHia.  H. 


lu  aena  tiniM  romid  tbe  Spina,  keefdcK  it  alwayi  on  tin  leA  hand ;  nd  tht 
ditriot  which  fint  crowed  the  Alba  Laiea  m  it  cani[det«d  the  terath  Toond  wm 
the  conqueror.  Ench  circuit  nu  tenned  a  Currkulum ;  and  that  no  confiiuon 
might  arise  iritb  regard  Co  the  number  of  eircuita  nhich  had  been  peribimed,  at 
the  terminaljoa  of  each  ronod  one  of  Che  Ova  or  of  the  Delphini  was  placed  on 
one  of  the  Phalae,  and  then  the  spectator  could  at  a  glance  percdve  the  progreaa 
M  the  race.  It  waa  of  coorsc  a  great  object  to  keep  close  to  the  Spina  and  to 
tnni  ronnd  the  eitremitiea  aa  shaipiy  as  poesible.  Hence  the  aocidenta  which 
frequently  happened  hy  the  -wheela  strildDg  agaioit'the  Sfeia,  (as  in  the  &moiia 
description  of  a  Chariot  Race  in  the  Electra  of  Sophocles,)  and  hence  the  phraaa 
in  Horace— 3fe(ague  feTvidis  eiAtata  TOtis.  It  is  almoet  onntoeataiy  to  add, 
after  what  has  been  said  in  the  preceding  paragraphs,  that  although  we  ma; 
fkirly  render  Carceru  by  (he  ilarltng  post,  we  can  never  with  [mqmatr  tnuu- 


late  Mela  as  the  goal  or  tcinnin^  port.  In  modem  radng  then  is  nothrar  0(- 
responding  to  the  Mtta ;  and  in  the  Circni  the  AUm  Lima  wae  the  goaL  * 

Faetiona  Circi. — The  drivere  (Aurigat — Agitatora^^Bigarii—  Quadrigarit 
— Factionarix)  of  tbo  chariots  were  dis^niished  from  each  other  by  the  cdonr 
of  their  garments,  one  being  always  dressed  in  white,  anotho'  \a  green,  the  third 
in  red,  and  the  fonrth  in  blue.  Hence,  irom  the  keenneu  with  which  different 
penons  espoused  the  cansa  of  the  diSerent  colonre,  arose  fbnr  paiti«i  or  Factvma 
Circi,  which  were  named  respecCively  the  Factia  Albata,  the  Facdo  Pratina, 
the  Faclio  Butsala,  and  the  Factio  Veneta-  The  eagemeaa  of  those  who 
favoured  the  contending  colours  frequently  rose,  as  might  be  antidpated,  to 
fdrioos  excitement  and  tnmnlt,  and  on  one  celebtated  occasion,  at  Cottstanlinople 
in  A.D.  532,  produced  the  terribie  riot  and  massacre  known  in  histoiy  as  the 
Nika  sedition,  in  which  upwards  of  30,000j^rsonB  are  ewd  to  have  perished. 
The  progress  of  this  appalling  calamity  has  been  depicted  with  terrible  fiirce  by 
Gibbon  (Chi^).  XL.) 

When  Domidan  intivdiiced  the  practice  of  making  ki  ohariota  start  in  each 
Misaiu,  two  new  Faclwna  were  neoeasarily  added,  the  gold  and  the  pnnle— 
Factio  AuTOla — Factio  Purpurea ,'  bnt  these  were  soon  dropped,  or,  at  Mwt, 
not  steadily  mwntained. 

It  would  appear  that  the  Factio  Prasina,  the  Viridit  Pmmut  of  Jnven^ 
was  the  favourite  of  the  greater  number  of  the  Emperors,  and  hence  most 
geoenlly  popnlar. ' 

AikicM*. — Gymnastlo  contests  also  fbrmed  a  part  of  the  Ludi  dreaua , 
and  aa  the  Greeks  had  their  rimAof,  so  the  Romans  combined  tha  Ave  chief 
exerdses  into  a  Qfamjuerdumt '  consisting  of  foot  races,  (Cwtut,)  le^ung, 
(Saltua,')  wreetUog,  (iMCla,)  throwing  the  qnoit,  (Ouci  tactw,)  and  hnrUug 
the  javelin  (^laculatia.')  Sometimes  the  grotip  was  varied,  and  boxing 
{Pugilatut)  subatitntad  fiir  one  of  the  above.  Toutbs,  from  the  earliest  times, 
were  in  the  habit  <tf  pasvng  a  portion  of  eaoh  day  in  the  Oxmpv*  Marttaa, 
practising  tfaeae  manlj  sports,  a*  wtU  as  riding  (Equitatii!)  ana  Bwimming, 

1  Cmlodor.  Tw.  KL  SI.  Sbm.  D«b.  4.  OtM.  BillnL  sa  Vin»  tf.  Anl  O^  HL  lo. 
Fnpnt.  IL  iit.  U.  Utrr.  ad  Vln.  a«rf,  IIL  la  wbo  li,  howanr.  eoatndiatKl  bj  Dloa 
CulLIX.7.    LIt.  XLLn-   Dl«a  Cua.  XLtZ.  43.    VaiTaa.B.Ll    lut.  8.  TL  Ma.  Paal. 


S]iniCaM.LXI.«.LXVIL4,     Od  tfaa  JVaiA>i.  aaa  iBatni.  Cal.  U.  Kw. 


.    MartULXIL  U. 

:VIL4,     Oolhi  - 

&  XI.  IW_  HHtlal.  3 


(NatatiOf)  wbilt  nndtf  tha  axt^n  Uffte  eoniti  odled  G^ynMorid  or  Palaetlrai 
were  rmnmily  UtachBd  for  thia  pnipoae  to  the  great  Thernae  or  pnblio  buhing 


E>«dB*  Trala*. — k  Ktt  of  moiA  figlit  perfbrmed  bj  Pstrician  yoalhi  on 
honeback,  well  undentood  from  the  spirited  deecription  of  Tirgil  (£.0.  V.  515 
~603.)  This  diow  wu  said  to  Iuto  bwa  inatitnted  U  »  very  remote  period, 
waa  lerived  bj  Jnlim  Cwar,  and  coltiTated  ander  auooeeding  Emperani.  * 

ragaa. — Sham  battles  wen  alio  exhibited,  in  which  infiuitij,  etiTaliy,  and 
elephants  eontoided,  the  campa  of  the  opposing  hoela  being  pitched  in  Che  Area 
of  the  Circtu.  * 

na>BwchlaL — 9ea  fights  {Navalia  Proelia)  were  oocasionall}'  repreaented 
in  the  Circiu,  the  Arena  being  filled  with  water.  Jnlins  Guar,  Angnitos,  and 
Domi^an  dng  ponds  for  this  epeoial  purpose  near  the  Tiber ;  Clandios  oi^uuied 
a  magniOcent  Naamaehia  on  tbe  Lacus  Fucinus ;  Nero  usoallj  emplin'ed  an 
•mphitheatra.  Observe  that  Nqumackia  ia  used  to  signify  not  oaly  tbe  sea- 
%ht,  bnl  also  the  lake  or  tank  in  which  it  took  placa.  * 

TasMla. — Aa  the  Soman  anns  extended  to  •  greater  and  grsala  diitaooa 
ftom  Botne,  the  prodnctions  of  foreign  eounlriee,  espedalh  itnuige  animals, 
were  from  time  to  time  shown  off  in  public.  Tbus  tbree  ejepbants  ta^en  from 
^rrhns  fonned  a  most  attractive  spectacle  in  the  trinmph  of  Cnrius  Dentata: ;  and 
143  were  bronght  over  from  Sieiljr  la  B.C.  251  bj  Lacios  Hetellos,  and  displayed 
in  tbe  CHreoB.  The  populace,  however,  soon  demanded  that  the  wild  beasts 
sbonld  not  merely  be  exhibited,  bat  that  they  ehonld  be  matched  against  each 
Other  or  ^sinst  aimed  men  -  and  to  ench  conCeKs  the  term  Venalwna  was 
applied.  Tbe  first  Venatio,  properly  so  called,  took  place  at  the  games  of  H. 
f^vius  Nobilior,  B.C.  166,  after  which  they  gradually  became  more  and  more 
frequent,  until  towards  the  close  of  tlie  repnblic,  no  Ludi  drceniei  would  have 
been  ooniidered  complete  without  its  Wild  Beait  Hunt ;  and  Jnlius  Cnsar  found 
it  neoenary  to  cause  the  Earipta  to  be  dng  as  a  protection  to  the  spectators. 
Under  the  empire,  the  great  Amphitheatres  were  Dsnally  emjdoyed  for  these 

The  nnmher  of  animala  destroyed  on  many  ocearicma  almost  transcends  belief. 
In  the  second  oontnlsbip  of  Fompeius,  B.C.  66,  600  lions,  410  panthers  and 
leopards,  and  18  elephants,  were  killed  in  flre  days;  Julius  Ctesar  turned  400- 
UoDS  loose  all  once;  Caligula,  at  a  festival  in  honour  of  I>raaill&,  caused  600 
bean  to  be  put  to  death  in  one  day ;  and  in  tbe  games  celebrated  on  the  retuin 
of  Trajan  fiom  Dacia,  11,000  wild  animals  were  butchered.  * 

Venatio  Direpdo7iu.-^-Hit  elder  Gordian,  when  Quaestor,  planted  the  areft 
of  tbe  Citcos  with  trees,  so  a«  to  resemble  a  rarest,  and  turned  loose  a  multitude 
of  deer,  wild  sbeep,  elks,  boars,  and  other  kinds  of  game.  The  populace  were 
tboi  invited  to  enter  the  ecclosnre,  and  carry  away  whatever  they  could  kill. 
Bis  example  waa  followed  by  Philip,  by  Probus,  and  by  othen;  amusements  of 
this  description  being  styled  Venationea  Direpticnii. ' 

IDLmiCui.XLIILKS.  XLTIU-HLLLtl.    SnM.  InL  99l  Oout.  O.  Tib.  fi.  CtL  IS.  CluiL 

>  BuiL  liL  aSL  Clind.  SI.  Dom.  t. 

1  DIOD  CU4.  XLllL  M.  XLVllI.  19.  LX.  &  LXL  e.  LZVl  H.    Swt  IsL  ».    OoUv.Ul 

Tlh.  T«.  Clwd.  11.  Don).  ^  N*ri>  Jl    T«<L  Ana.  XIL  U.  XIV.  19. 

«Ut.  XXXIX.  n.  xLiv.  IS.  FiiB,  H.N.  viii.a.iia«i.  cia.sdFm.viL  I.  vinft 

awton.  III.  M.  OetiT.  I&  CliuiL  II.  TlLl.    Dion  Cut.  XUn. n.  LLtaLT.  la  lvuh. 


bv  Google 


400 

MmwarSt  »ffTiiiM|r. — Bnmdmoftbe  palm  tree  were  pnMnledfa)  IhsM*- 
iptnn  in  the  diflcMnt  cooteiU,  aod  >Ua  more  mlatantul  mraidi,  tath  m 
wimIIn  nude  of  gold  and  tiller  wrought  in  imiuiion  of  kesnt,  Minii  df 
Bonej,  bonn,  iSken  toak*,  linen  vcttmcDti  embroidaed  with  nld,  nd  ^ 
like.    AH  Ihtat  tit  frtqaoulj  indnded  nnder  the  genenl  litk  ttPiibiuu.  > 

P*Ml>a  C'lrcl. — We  have  ilreadj  idverted  to  tbe  fact,  that  Ladi  in  geiteral 
wen  K|^ed  m  religiont  lila ;  and  accordingl;  we  find  that  the  Lvdi  GrcautM 
wmmenced  with  a  wuinn  proce<*ion,  which  defiled  from  the  Capitol,  and  paning 
tbroagb  the  Fonun,  entered  the  Circui  Maximia.  The  piiocipal  magiMiatea 
beaded  thii  Pompa  Circi,  at  it  wae  called ;  joutht  on  the  verge  of  manhood, 
onaniied  b  banoi  at  cbtbIt;  and  infantry,  (bllowed ;  next  oaine  the  perfbrmera 
wbo.wereabout  to  cakea  part  in  the  iport*;  then  numeroni  bodiea  of  dancer* 
•nd  iniuicUni ;  and  iutlj  ttw  imagea  <^  all  the  moat  important  ddliea,  carried 
«n  frame*  called  Fereuui,  or  in  aacred  vebide*  called  Thentae,  preceded  bj 
BMO  who  bore  incen«e  boxea  of  gold  and  silver-  After  the  varioni  peiwnagM 
and  object*  compoiing  this  train  had  oconpied  the  pbwes  aangned  to  them,  the 
•Utf  nupatrate  preeenC,  auitted  by  the  higher  piieMa,  proceeded  to  ofiet 
ttori&e.     Whtti  thii  waa  conolnded,  the  ^owi  commeDced. ' 

2.  Ludi  Scenici, 
<»rlvlB  BBd  Prcffma  mflhm  Bcbbb  DrwHs. — Dramatic  eihibiliona  were 
entirely  nnknown  at  Some  for  nearly  fbnr  oentnrie*  after  the  fonndation  of  the 
city.  But  in  B.C.  361,  among  other  expedients  for  appealing  the  wialh  of 
heaven  daring  the  lavages  of  a  pestilence,  scenic  (ports — Ludi  Scetud — woe 
introdneed  from  Etmria,  the  pcrformera  in  which  were  termed  Ludima  or 
Hutrionu,  the  tatter  word  beiii[r  fanned  from  Hitter,  which,  according  to  Uvy, 
signified  a  Stage-Piayer  in  the  Tuscan  tongue.  These  entertainments  wen  at 
drat  of  a  very  simple  nature,  consisting  solely  of  dances  aooompanied  by  the 
mosio  of  the  duU.  By  degrees  a  sort  of  unpremeditated  farce  was  added  to  the 
dance,  but  the  art  oontinued  in  a  very  rude  state  until  aboat  B.C.  210,  when 
Livius  Audronicus,  a  Greek  frccdman,  introduced  Comedies  and  Tragedies,  tnui*- 
lat«d  from  hii  native  langnoge,  and  his  example  was  followed  by  Naevins, 
Enolos,  Fiautus,  Pacavius,  Accius,  Terciitius,  and  many  others,  whose  piecea,  as 
filr  as  our  knowlcdi^e  extends,  were  all  close  imitations  or  adaptation*  of  Creek 
originals,  and  this  character  was  stamped  upon  the  Roman  Drama  until  the 
axCmction  of  their  literature.  In  addition  topUjs  with  regular  plots,  (Fabuloe,) 
farcea  or  inleriudcs,  called  Mimi,  aboonding  in  practical  jokes  and  ooarae 
hamour,  fonnd  great  fiivour  with  the  public,  and  also  Alelianae,  (sc.  /aHlae,') 
ao  called  from  AUHa  m  Campania — entertainments  indigenons  in  Sonthen 
Italy,  in  which  the  characters  made  use  of  the  Oscan  £alect,  the  diah^ne 
being  in  a  great  measure  extemporaneous.  These  AulUinat  were  the  only  (MM 
of  sCage-plays  in  which  a  fioman  oitiien  could  appear  as  an  actor  without 
incurring  Infamia.  (p.  114).  Different  from  rather  of  the  above  were  Ibe 
Pantonumi,  imported  from  Alexandria  during  the  loign  of  AugnaUu.  In  theM 
there  was  neither  dialogue  nor  soliloquy,  bnt  a  single  performer  undertook  to 


DMAXATic  zxammons,  4fH 

npTBteai  in  dnmli  show,  bj  neuu  of  geiUcuUtioiiB  aloDe,  all  the  ereoU  of  a 
ODinpliotcd  tale. 

HaaiaB  Tknm— AltboDgh  foimal  drunu  irere  exhibited  in  B.C.  240, 
and  although  inch  sibibitiona  neceuarilj  imply  the  existence  oT  a  ttage,  of 
■cenei^,  and  of  deeorationa,  no  attempt  was  made  for  nearly  a  century  to  pro- 
vide comfortable  accommodation  for  the  spectator,  who,  nalen  they  cfaoee  to 
recline  upon  the  ground,  most  have  been  content  with  rough  acafibldine.  Ilie 
con«imctJon  of  a  regolar  theatre  naa  first  conunenced  in  B.C.  155,  but  the  yiotk 
waa  stopped  at  the  instance  of  Sdpio  Nasica,  at  that  time  Consnl,  and  the  Senate 
passed  a  decree  sternly  forlnddlog  mch  eSeminate  indalgenoea.'  A  few  yean 
afterwords,  howerer,  Ludus  Hummiua,  the  destroyer  of  Corinth,  vanqaiihed  the 

?:«judices  of  his  couDtiymm,  far  among  the  various  shows  which  enlivened  hii 
rinmph,  a  drama  was  perfonned  for  the  first  time,  in  a  theatre  erected  after  the 
Greek  fashion.  (TadL  Ann.  XIV.  21.)  This,  it  must  be  observed,  and  all 
wtiich  followed  it  for  nearly  a  hundred  years,  were  merely  tempoiair  stractniea 
formed  of  wood,  which,  ^thoagh  frequently  of  enonDons  liae  and  ijdendidly 
ornamented,  were  erected  for  a  par^cnlar  occasion  and  demdiihed  as  ao«i  as  toe 
holiday  waa  over. 

The  first  permanent  theatre  was  the  wot^  of  PompMos  Hagnoa  aftwhii 
return  from  the  Hithridatic  War.  (B.C.  61.)  It  was  built  of  hewn  stone, 
npon  the  model  of  one  which  he  had  seen  at  Mitylene,  and  calculated  to  hold 
40,000  peraons.'  A  second,  the  work  of  Cornelius  Balbns,  waa  opened  a  fbw 
yean  after  the  battle  of  Actinm;  and  a  tliird,  the  most  splendid  <i  aQ,  siiU  a 
noble  rnin,  (see  pnge  60,)  bore  the  nsme  of  the  amiable  MarccUua,  the 
nephew  of  Augustus.  Tliese  are  ecnstantly  alluded  to  as  the  three  theatres  of 
Rome,  are  mentioned  repeatedly  both  singly  and  («]lective]y,  and  the  numbed 
was  still  the  same  in  tlie  rugn  of  Nero ;  tmt  we  must  take  into  aooount  also  the 
temporary  sLructurcs,  of  which  several,  as  ne  are  informed  by  Vilmvius,  wen 
built  up  and  pulled  down  eveij  year.  * 

Arrangement  of  IM  different  parti  of  a  Roman  Thtatre. — With  regard  to 
the  inteiual  economy  of  the  more  aninent  temporary  stmctnies  we  can  know  but 
little,  but  a  description  of  two  of  the  most  remaikal)Ie,  one  the  workof  Soanras, 
the  step-sou  of  Sulla,  wlion  Aedile;  the  other,  erected  by  Cniio,  who  perished  in 
tbe  dvil  wars  of  Cfesar  and  Pompdns,  has  been  transmitted  to  ns  by  Fliny,  and 
is  well  worthy  of  attention.  (H.N.  XXXVI.  15.)  In  so  far  as  the  permanent 
theatres  of  stone  are  concerned,  notwithstanding  the  bfbnnatioo  contained  in 
tbe  works  of  ancient  wrilen  upon  architecture,  and  frequent  allnsions  to  the  dif- 
ferent part*  in  the  ordinary  classica,  antiquarians  fbond,  for  a  long  period,  mnch 
difiiculty  in  adjusting  the  details,  none  of  the  existing  ruins  being  sufBoieatly 
peifeet  to  resolve  some  unportaat  doobts.  By  tbe  discoveries  at  Pompeii,  where 
t»D  theatres  and  an  ampliiiheatre,  all  entire,  liave  been  excavated,  every  difficulty 
has  been  removed  as  to  the  disp««tion  of  the  different  parts. 

A  theatre,  ancient  or  modem,  may  be  conveniently  separated  into  two 
divisions, — 1.  The  part  devoted  to  tha  qiectators.  S.  The  put  devoted  to  the 
actors.  The  former  was  comprehended  nnder  tiie  general  name  of  Cavta,  tbe 
latter  under  that  of  Scena. 

Tbe  Cavta  was  semidrcntar,  and  coomsted  of  steps — Gradta — of  Uao»  et 

1  Ut.  Kpll.  XLVin.    vu.  U».  IL  It.  t     >*IMai.l.lS.    Applu.  B.G  I.  M     Twld- 
llaa,  d*  spntui;  In.    Auimtln.  C.  IV  L  SI. 
•  TMrtt  ABaXlV.  »0  SI.     Flut  Pomii  »     niO.  R.N.  VIL  1 
SOtM,  A.  A.  IILWi.     Trill  lll.MILII.     ThU.  Asn.  IlL  M.7& 


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


dtridtd  at  interrali  bj  broad  puitgeg,  called  Prateinetiotitt,  rnnning  romtd 
tba  whoh  Mmidide.  Thtw  conputmenti  were  again  divided  into  Emalier 
^MMi  bf  aUircaeea — Seolat — convei^g  towanb  the  oentt«,  thew  Sealae 
flatting  Mroat  tb«  Gradni,  irhich  formed  the  Mats,  and  diriding  them  into 
««dge-ihaped  OMupartments,  which  were  tenned  Citnet.  The  variona  Prat' 
emettonel  and  Seatae  oommanicsled  with  apertnTee  called  Vomiloria,  whicfa 
lad  to  the  pwtieoea,  which,  rinng  Uory  above  atoiy,  ran  rannd  and  eneom* 
pawed  the  whole  bnUdtne. 

Ths&taaoMiditcdofthe&enainBTeatrietedienaa,  anaworDgto  the  modem 
iSe«>M,  and  the  PiUpitttm  or  atage.  The  Hene  itaelf,  in  acoordonce  with  a 
critieal  Mnon  otMcrred  with  mnch  aolidtiide  bj  the  Giedau  dramatiita,  wa* 
ywTf  rarelj  changed  during  the  oonne  of  the  nme  ^tj,  although  the  Soma 
Vertatilii,  the  tnming  Kene.  and  the  Sceiia  DuctUu,  the  ahifUng  scene,  were  not 
altogether  nnknown.  The  PuipiBini  again  waa  divided  into  the  Protcenaaa  or 
•pace  in  front  of  the  icene,  where  the  acton  etood  while  actnally  engaged  in  the 
bnaineee  of  the  play,  and  the  F^sUcmiam,  or  apace  behind  the  aeene,  to  which 
they  retired  when  they  made  thdr  eiiu. 

Orchatra. — We  have  aa  yet  Mid  nothing  vrith  regard  to  the  umidrcnlar 
aren,  included  by  the  straight  lino  which  bounded  the  stage  in  front  and  the 
firat  row  of  the  aaoending  Etepa.  Tbia  was  the  Orchatra,  and  the  pnrposea  t* 
which  it  iru  applied  constitnte  the  principal  diatincUon  between  the  arrange- 
ments of  the  Grecian  theatres  and  those  of  Italy.  Orchatra  is  derived  direi^ 
from  ifxinf",  (to  dance,)  and  in  the  Greek  theatte  tbia  apace  was  alwaya 
oecopled  by  the  Chona,  which  formed  such  a  conspcnoni  feature  in  Gredc 
Tragedy  and  in  the  old  Comedy  of  Athens.  Hete  the  individoals  composing 
&e  Chora*  perfbimed  thnr  sacred  dauoea ;  here  they  chanted  their  songs ; 
and  whilst  the  different  diaradera  woe  convernng,  the  leader  of  the  Chona, 
the  Coryphaeia,  stood  upon  the  altar,  (Iv^aii,)  whiah  rose  to  a  level  with 
die  stage,  observing  the  progreea  of  the  action,  and  ready,  ai  their  representa- 
tive, to  lake  a  part  in  tiie  dialogue.  On  the  other  hand,  in  Soman  Comedy, 
whidi  was  derived  fiom  the  New  Comedy  of  Athena,  there  was  no  Chorut; 
and  in  Roman  Tragedies,  both  the  Chonu  and  the  musicians  were  placed  upon 
tbs  sUga  itself;  so  that  the  whole  of  the  OnAatra  was  left  vacant  for  tha 
ipectatora. 

On  the  next  page  we  have  given  a  gioond  plan  of  two  theatres ;  the  fliat  baa 
been  delineated  60111  the  deacriptiona  handed  down  by  Titrnviua  and  other  andent 
writers ;  the  other  represents  one  of  the  tbeatrea  aiSaallj  excavated  at  Pomp^ 

Retervtd  StaUr^kW  ranks  sat  [Hvmiaonoasly  until  B.C.  193,  when  the  elder 
Sdpio  Afiiconns  passed  a  law  by  which  plaoes  separate  from  the  rest  of  tha 
apeetatora  were  aaaigned  to  the  Mnators,  and  when  regular  theatrea  were  oon- 
itmcted,  the  Orchatra  was  set  apart  for  their  nse.  In  the  year  B,C.  68,  a 
eettain  L.  Roacins  Otho  carried  a  bill  (Lex  Roseia)  in  terma  of  which  fbnrteco 
nws  of  benches,  imniedistcly  behind  those  of  the  Senators,  were  made  over  to 
Oe  Et^uites ;  and  although  the  tint  attempt  to  enforce  this  measure  oceaaioned  a. 
liot,  which  was  with  difGcnlty  quelled  by  the  eloquence  of  Cicero,  the  distinettOB 
&aa  inbodnced  was  maintained ;  and  to  say  that  a  person  sat  upon  the  fonrtsew 


p. ».  *d.  OnUL    Plhi.  H.R.  VIL  3a    1 


404  DUIUTICS 

Aulamm,  S^rium. — Betbra  ■  plij  commemMd,  or  in  the  ioterral  betwatn 
tiro  piec«a,  tiie  lUge  «u  conotiled  bj  a  carUin  c&lled  Anlaeuvt  or  Suuriiot, 
whiMi  wo*  not  pulled  op,  u  thou  in  modern  theatm  ire,  when  tlie  pemrmance 
oommenced,  bnt  iru  dmm  down  under  tbe  ttage,  w  that  wh<>n  Horace  wiihe* 
to  expreu  that  certain  qwctadea  were  eoinetimea  prolonged  for  fbnr  hoon  <n 
more,  he  aajs — 

Qnttoor  aaC  plniM  aului  PBiiiDiiTitB  in  horu. 
i.e.  the  curtain  ii  Ixpt  doom,  and  therefore  the  exhibition  continnea  for  that 

Dm*  •rAotan. — The  aotoi*  (Hutriona—Ludima)  in  Traged*  alwa/a 
^ore  a  boot  called  CofAuniw,  (K^fo;»(,)  irhich  reached  lialF-iraf  np  the  1^, 
nnd  Bomstimea  almoal  to  the  knees,  ni^  a  very  thick  eole  to  increase  the  appa- 
rent elawre  of  tbe  perftimier.  The  actora  in  Comedy  always  wore  a  thin  glip^jer 
called  Sdcciu,  and  hence  CoOtarma  and  Soccv*  are  employed  Gguralivalj  to 
denote  respectively  Tragedy  and  Comedy.  Thna  Horace,  when  ape^ng  <rf 
Iambic  meaiore  (Ep.  ad  Pi*.  80.) — Nunc  Socci  ceptrt  pedait  grandesipie  Cb- 
(Aumt;  and  again — (Jrande  mtrnui  Ceeropio  rtptta  Colhumo  (C.  II.  L  11.1  " 
JndiffnaluT  item  privalU  ac  propt  Socco  »=  Dignii  earminibua  narrari  coaia 
Thyextat  (Ep.  ad  Pia.  90.)  On  the  other  hand,  tlie  actora  in  Himee  (Mimi,) ' 
appeared  with  bare  feet,  and  hence  were  termed  Ptaniptilf,  and  the  farces 
lliemBelvea  Plampediae.  *  Aotora,  generally  apeaking,  concealed  their  fcmm-ee 
with  maaks,  iPertonae,}  which  were  fabricated  ivith  great  cure  and  akill,  so  aa 
to  convoy,  l>y  llieir  Tcaturet,  a  general  idea  of  the  character  repreeented  by  tbe 

AHFhltbmim. — It  will  be  convenient  to  explain  here  the  diatincCion 
between  a  Theatre  and  an  Amphitheatre.  The  very  name  Amphithealrum  or 
dft^iiiaTpit,  i.e.  a  doable  theatre,  or  a  theatre  aU  round,  a  almoat  enongh. 
If  we  aappose  the  whole  of  the  Cavea,  including  the  Orchestra,  of  one  theatre 
to  be  qiplied  to  tbe  Cavea  of  another  theatre  of  the  eame  dimenaioni,  or,  which 
comes  to  the  aame  thing,  if  we  tnppoae  the  aemidrcular  rowa  oCGradas,  instead 
of  being  terminated  by  the  atraigbt  line  which  bonnded  the  Pulpitum,  to  tw 
ooDtinoed  round  along  with  their  Praeeittctiones,  Scaiae,  Canri,  and  Exteiiw 
Forticoee,  an  a»  to  complete  the  circle,  we  abaU  form  an  aoenrate  idea  of  a  Roman 
Amphilheatie,  with  thia  difference,  that  inatead  of  being  perfectly  eircolar, 
it  waa  ueaally  of  an  elliptical  or  oval  shape.  The  apace  in  tlie  centre  fonaed 
by  the  Orchestrtu  of  the  two  thcatrea,  which  we  have  inppoeed  to  be  applied  to 
each  other,  wa*  called  the  Arena,  being  strewed  with  aand,  and  thia  was  (ha 
apot  npon  which  the  vaiiona  exhibitions  to  which  theboilding  was  devoted  were 
represented.  It  wai  sunk  several  feet  nnder  the  hjvel  of  the  lowest  row  of 
aeata,  in  order  that  the  spectators  might  not  be  exposed  to  dangn  from  the  wild 
beaata  which  wen  freqnratly  admitt^  ;  and  for  stilt  greater  securilj,  a  sort  ot 
balnalrade  called  Podium,  covered  with  trellia  or  net-work,  was  raised  on  the 
■lunniit  of  tbe  bounding  vraHa,  and  through  the  interstice*  thoae  who  oceu^ned 
the  front  seats  gazed  on  the  scenes  below.  Several  doora  opened  from  the  jlrena, 
VMnmoiueallng  with  variona  ^lartmenta,  by  which  the  oombatanta  were  intro- 


n  ud  thi  nurtiJib 


AMPHnUXATRKS.  405 

■iaxti  and  withdrew.     With  legard  to  tbeae  combatants  ani]  tlie  contctti  ia 

which  tli«j  engaged,  we  shiiU  apeak  at  length  in  the  aectian  tin  Gladialora. 

Amphiibeatrea,   li^e  Iheatrra,  were  originall;  temporary  boildiuge  of  wood. 
Such  was  the  curioue  itructnro  of  Coiio,  to  which  we  have  already  aliuded ; 
Buch  were  tlie  ampliitheatres  of  Julius  Ctitu,  (Dion  Cast.  XLIII.  2^.)  and  of 
Nero,  (Tacit.  Ann.  XIU,  31.   Sucl.  Ker.  12.)  althoagh  a  Etone  edifice  of  thai 
dtacriptioa  was  erected  in  the  Campus  Martiua  by  Statilius  Taarm  daiiug  the 
reign  of  Augustus  (Dion  Cau.  XLI.  :!3.)     But  these  and  all  similar  woib  mnk 
into    inugnificanco   when    compared   with    the 
CafoxMuni,  that  itupeadous  fkbric   commenced 
by  Vespasian  and  completed  by  his  son,  a  toe- 
morial  of  the  triumpliant  conclusion  of  the  Jewish 
war.    It  was  upwards  of  160  feet  in  height,  one- 
thin]  of  a  mile  iu  circumference,  and  capable  of 

containing  easily  100,000  persona.'     The 

email  figure  givoii  at  the  side  of  the  page  is 

taken  from  a  large  brass  of  Titua.    It  wna 

probably  struck  in  order  to  commemorate 

the  uuuitileiiou  of  the  pile. 

Below  is  a  view  of  (he  A mplii theatre  excavated 

at  Fompeii,  which  will  explain  at  a  glance  tbt 

general  appearance  and  !nt«nia]  arrangements  of  snob  building*. 


Vela. — The  ancient  theatres  aod  amphitheatres,  at  least  all  of  large  lise,  were 
open  to  the  aky,  and  hence  they  were  generally  sarrounded  by  porticoes  to  which  the 
spectators  might  retire  in  the  event  of  a  sudden  shower.  Ia  ordra-  to  afford  shelter 
from  the  soonhing  rays  of  the  son,  it  was  ciutomary  to  spread  on  awning  (Vela) 
ofwhiteor  ooloorod  canvas  orer  the  whole  of  the  interior;  and  on  the  outside  waU 
of  (be  Colosseum,  rings  hewn  ont  of  the  block*  of  etone  which  form  part  of  the 
ediSce,  are  still  visible,  which  were  desdned  to  receive  the  tall  poles  by  mean* 
nf  which  these  coverings  were  supported.     It  was,  of  oourac,  impossible,  during 


n  tbIuw  sflte 


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


406  OLUiUKixa, 

xUgh  wind,  to  lunA  or  manage  BDcdi  on  nnwieldytipiiiH  of  doth;  aud  in  tUt 
eau  the  people  were  obliged  to  (hade  tbenwelrei  with  a  sort  of  broad  brimmed 
hat  called  a  Cautia,  or  to  bold  np  parasoli  (^Umbratmla.)  *  The  hnea  thrown 
upon  the  nage,  the  perfonnen,  and  the  andieoce,  by  the  coloured  csDvaa, 
Ufhrded  Locretiui  an  illiutraUon  of  one  of  hi*  doctrinee  regarding  colour ;  and 
In  another  place  he  endeaTOnn  to  explain  the  origin  of  thunder,  bj  oomparing 
the  action  of  the  dooda  to  the  flapping  of  the  awning  when  agitated  bj  aaodden 


npnbuD  and  i 

euulritioiu,  or  grati^r  the  craving  i^  the  crowd  for  novelty.  The  Scene  wai  m  . . 
laid  aometiniei  with  EilTer,  Bcsnedmea  with  ivory,  sometimei  with  gold ;  all  the 
iiMtcnments  med  on  the  etage  were  fonned  of  the  precious  tnetalt ;  while  in  dw 
Huphitheatre  the  und  of  the  Arena  wu  «trewed  with  Termiliion,  the  geata  of  tlM 
iwKtunintertwinedwitb  goldenoorda,  and  the knotaooTeredwidi  amber;  ttreanH 
of  water  were  iatrodaced,  which  conned  between  the  aeats,  and  difhued  a  gnteliil 
coolneu  as  they  mnnnnrad  along ;  statues  were  placed  on  the  stage  and  in  dif- 
ferent parts  of  the  honae,  whi(£  were  conatrncted  in  ench  a  maimer  as  to  latn 
down  perfiuneB  on  the  Pulpiiuvi  and  the  spectators,  these  showers  being  termed 
^artione*.  To  morease  the  good  hmnour  of  the  moltitade,  at  the  ooncloraga 
(fftbe  sports,  little  balls  of  wood  weie  thrown  down  (and  benoe  the  name  Mit- 
*ilia)  ^m  the  upper  (tory,  and  scrambled  for  by  Uiose  below,  each  of  ibese 
MitsUia  oontainuig  a  ticket  (Tuierii)  upon  which  was  written  the  name  of 
aome  object  of  greater  or  lew  value.  Scvnctimes  it  was  merely  a  basket  of 
fruit,  eoinetimee  a  horse,  or  a  robe,  or  a  alave,  or  a  piece  of  plale,  or  a  smn  of 
muuiy ;  and  the  holder  of  a  ticket  in  this  lottery  without  blanks  was  entitled 
to  receive  the  article  inscribed  upon  it,  by  making  application  to  an  officer 
appointed  for  the  purpose. '  Many  of  these  refinements  became  common  even 
in  the  smalt  oonntry  towns  as  eariy  as  the  latter  half  of  the  first  cmtaiy ;  for  vre 
flud  in  one  of  the  play-bills  sorawled  upon  the  walls  of  Pompeii,  the  exhibitor 
endeavonring  to  attnot  a  large  audience  by  promiung — Spahbiokxs  Ybu 
Eedht. 

8.  Miatera  Gladiatoria. 

Wt  now  proceed,  in  the  last  place,  to  notice  that  spedea  of  exhibition  which, 
towards  the  close  of  the  republic  and  under  the  empire,  wss  more  popular  than 
aoy  other,  aitd  which  has  been  justly  regarded  at  the  foulest  blot  upon  the 
national  character  of  the  Komans. 

Origin  and  progresi  of  Gladiatorial  ShoiM. — Gladutorbs  were  persona 
armed  with  deadly  weapons  who  fon^t  with  each  other  in  cold  blood,  usually 
in  pairs,  tor  the  amusement  of  the  ^ectators,  nntil  one  (or  both)  of  the  com* 
batants  was  killed  «'  disabled.  The  origin  of  this  practice  must  be  tiaoed  to 
the  belief  existing  among  the  Greeks  and  Bomatu,  fivm  the  earliest  periods,  that 
the  sfdrita  ofthe  dead  took  delight  in  hnman  blood.  Hence  Achilles  is  repre- 
sented by  Homer  as  slaying  twelve  Tngao  captives,  and  casting  their  bodies  on 
the  fanera)  pyre  of  Fatroclus,  while  fneas,  in  like  manner,  omrs  up  eight  of 
his  prisoners  to  sppease  the  Manes  of  FalUs  the  son  of  Evander.  (£n,  X.  G17,) 
Pasting  on  to  hisiorkal  ^oies,  the  custom  is  said  to  have  been  imported  into 


ILtr.  XXXVn.  II.    SafLNn.  II.    MarUal  vm.  n. 


.  Cooglf 


OLiSUTOU.  407 

Room  frun  Elmria,  and  the  fii«t  example  is  affotded  Yij  Haiam  and  Dedmnf 
Bntaa,  who,  in  B.C.  264,  niatohed  tognfaer  gUdUton  in  tbe  Fonait  Beariam, 
when  odcbradng  the  otwequiea  of  thdr  fatber — D.  Jtmitu  Bmtat  unaau  ^a- 
diatorium  in  Amortn  dxptacd  jtatra  aUdit  priima.  (lir,  E{rit.  Zn.  Td. 
Haz.  n.  iv.  7.)  Tbe  pnotioe  trom  thia  time  forwatil  givdoaUr  gwned  poanA. 
Itara  were  Ladi  Jkntbra  m  B.C.  216,  at  wMdi  Iwcotj'-BTe  pain  Ibogfat, 
(giadiatantm  paria  dmt  el  viginti,')  the  ume  Domber  in  B.C.  SOO,  and  eixtj 
pwri  in  B.C.  183.'  At  tbe  tsU«  for  thwe  (peotadea  increaeed  thej  were  no 
lon^r  confined  to  funereal  ritca,  bnt  fanned  a  part  of  every  important  pnblie 
solemnity,  and  were  introdooed  occaaionall)'  even  at  private  banqneti.  Jnlina 
Caoar  at  one  fcatival  preaenled  three  hundred  and  twenty  pairs  to  the  people, 
and  Trajan,  during  the  great  r^icinga  on  hie  return  fiwn  Dama,  which 
extended  over  one  hundred  and  twenty  daye,  matched  together  ten  thoouod 
gladiaton.  Attempts  were  made  br  various  person*  at  diffennt  timea  to  reibain 
&a  extravagance  of  privaie  individuals,  who  were  tempted  hj  vanity  or  ambi- 
tion to  laviah  enormous  sdids  on  these  ditpiayi.  Lawa  were  pn^weed  and 
pawed  by  Cicero,  by  Angnstns,  by  Tiberina,  and  by  othtr  Emperon,  tn  limit  the 
number  of  fightera,  and  to  check  excessive  expenditue,  but  theae  were  neglected 
or  repealed  daring  tbe  sway  of  worthlen  princea,  and  no  attempt  was  made  to 
tatetdiot  inch  e^iibitiont  entirely  nntU  ^e  reign  of  Conatantine  the  Great. 
They  were  partially  revived  under  Constantins,  Theodosm,  and  TalentiniannB, 
and  finally  sappressed  by  Honorios. 

Trmtttog  of  Oladialort. — It  waa  nalnral  that  much  eare  should  be  bestowed 
on  the  preparati(mi  for  showe  to  which  thousands  looked  forward  with  intenee 
ememess.  Regular  aeademiee,  called  Ludi  gladiatorU,  or  simply  Ludi,  wen 
devoted  to  the  instraetion  of  these  priie-fighten,  in  which  the  meet  important 
practical  duties  were  committed  to  a  trainer,  called  Lanitta,  by  whom  the 
Tironei,  or  nndrilled  novices,  were  initruoted  in  the  [«indples  of  theb  art, 
fighting  with  heavy  wooden  swoida,  called  Rada,  while  Ihdr  bodies  wen 
bniugbt  into  condition  by  regular  eierciae  and  nourishing  ftod  (mgbia  gla- 
dtaloria.)  Many  of  thua  Ludi  were  kqit  upon  apeeuaUon  by  Lm  tat, 
who  trained  large  bodies  of  men,  whom  they  sold  or  let  out  for  hire  to  those 
who  were  desiroos  of  proeuring  leoruite  for  public  games. 

doMt  of  periom  who  fought  ai  Gladialori. — The  meet  coinoDS  supply  waa 
at  all  timea  derived  fhtrn  priaonera  of  war,  or  refraetoir  slaves  sold  by  that 
maiten  to  tbe  lunula.  Malefactors  also  were  occasionally  condemned  to  igbit 
as  gladiators,  and  occauonally  Koman  dtiiena  offered  themsdves  voluntarily  Ibr 
hire,  and  to  such  the  spedGo  term  AtictoraU  was  applied,  their  pay  being  tailed 
Aucloraiaentunu  Under  the  more  worthless  and  diasolnte  emperors,  Equitee, 
prieata,  and  senalon  did  not  ecmple  to  contend  in  the  arena,  in  tbe  hope  ot 
attracting  the  attention  and  gaining  the  &vour  of  the  prince;  and  even  high- 
bom  women  were  fomid  who  consented  to  pander  to  the  Sfipetite  for  novel^,  bj 
fighting  with  each  other  or  witb  dwaris. 

Clauifcatitm  of  GladiatorM. — Gladiattn  were  dhidtd  iirto  clsases  aoootdhig 
to  the  mannv  in  which  the;  were  equifqted,  and  were  in  many  oases  named 
from  the  natiou  whose  oharacleristio  arms  t\iej  bore.     *" 


five  effidaDoy  of  thnr  weapon*  offinaive  and  defensive,  was  thus  put  to  the  test. 
He  eJassM  most  frequently  m  * 


V.  ZZUL  Ml  XXXI  M  XXZIX. «.  •> 


,_,,:■..  CoOglf 


408 

nrecet,  mnned  m  TliTadiiis,  witb  >  light  dronlmr  hatkirr  ^pama)  laA 
BlioTt  crooked  eatiu ;  (»iea ;)  Samnila,  wbo,  we  cantiot  doabt,  were  fnr^ibed 
like  tbe  SamDiles  of  old  (Uv.  IX.  40.)  with  a  ooDvex  riiield,  (fmAiiR,)  broad  ud 
eren  si  top,  {mntmton  Uttivt  foitigio  aequaH,)  tbe  two  nde«  gradoallj  oonveif - 
ing  to  a  pomt,  (ad  imam  cun«a(iiM,)  s  wadded  breut-plate,  (tpongia  ptctori 
ttgtimenban,')  crested  bdmet,  {gaUa  ctvto(a,)aiid  withagT«aveoatfaeleft  leg; 
(tvMtrum  cTVa  ocrea  tectum ;)  Mirmillona,  ■  word  of  donbtfiil  origin,  equif^iied 
u  Qioli^  wurlon;  Hoplomaehi,  in  a  complete  luit  of  mul  like  thaw  who 
foodit  b  the  front  nnki  of  the  Gredtn  phalaai. 

BeHarU  were  provided  with  a  net  (laetduin — ReU)  and  a  three-pointed  apew 
{Fngcina)  with  a  long  handle,  bnt  were  destitute  of  defemiTO  arnKnir;  thej 
were  nni^lj  paired  with  a  Iieavy  armed  oppoMOt,  a  lUirmllo  for  example, 
who  was  in  this  can  designated  Secutor;  the  Setiariia  bdng  no  match  for  bis 
antagonist  in  a  hand-to-hand  figbt,  endeavotired,  u  the  latter  approached,  to 
throw  his  net  eo  as  to  entan^e  him  in  its  meebes,  and,  if  Boccosliil.  Mablwd 
him  with  tbe  fuKina  before  he  conld  eitricate  himself.  If  the  casTfailed  he 
was  compelled  to  take  to  flight,  was  chased  bj  tbe  StcutoT,  (and  hence  tbe 
name,)  and  if  oveitaken  eaul;  despatched.  If^  however,  the  Reliariia  con- 
trived to  evade  bia  punner  ontll  ho  was  prepared  for  a  second  throw,  then  the 
oonleat  was  renewed  as  at  first,  and  cootEnucd  until  one  or  tiie  oth^  was  baffled 
or  eihaiuted.  A  most  vivid  descriptioo  of  a  combat  of  this  natnre  will  be  Ibund 
in  the  ei^tb  Satire  of  Juvenal  (199—310.) 

Len  Iraqnentl/  named  than  the  preceding  were  mmachaeri,  who  fongbt  with 
two  swordg ;  Laquearii,  aoalogoot  to  the  Retiarii,  bnt  who  had  lassos  or  nooaea 
instead  of  nets ;  Andabalae,  who  wore  helmets  with  close  visan,  so  that  the^ 
fimght  blindfold ;  Esiedarii,  who  foaght  torn  Celtic  war  chariots ;  (Eaxda  ,■) 
Meriditmi,  who  fonght  in  the  middle  of  the  dsj,  inferior  perfbrmers,  it  has  been 
oonjectnred,  who  were  bionght  forward  at  an  boor  when  the  majoritj  of  tha 
ipeotatois  had  reared  to  repose  dnrinjf  the  noontide  heat ;  Provoeatora,  of 
whom  we  know  nothing,  except  thnt  thej  were  occasionallj  matched  with 
SamniUa.  Gladiators,  as  remarked  above,  generally  fought  in  paiis,  and  all 
snob  were  termed  Ordinarii ;  at  times,  however,  bj  way  of  variety,  a  number 
rashed  together  in  a  mele^  and  such  were  named  Catervarii.  Butiarii  were 
those  who,  in  the  Venaliona,  already  described,  fought  with  wild  beasts. 

Mtmvs.  Editor. — The  term  Mun\is  a  applied  specially  to  denote  a  Gladia- 
torial shew,  dther  in  consequence  of  the  connection  which  originally  anbriBted 
between  these  displays  and  fauenU  obsequies,  which  were  specially  tetmed 
Mvnera.,  or  from  the  cinnunatance  that  they  were  regarded  in  the  bght  ofa 
gift,  beuowed  by  the  magistrate  or  the  private  individual  at  ivhose  cost  tiiey 
were  exhibited,  and  who  preddcd  under  the  title  of  Editor  (Spectacuti)  or 
3funerarfus,  the  latter  term  having  been,  as  we  are  told,  flrM  employed  by 


ingoBtiu.* 
Place  of  E 


f  Enii&itiiM.— The  first  show  of  Gladiators  took  place,  aa  stated 
above,  in  the  Forura  Boarium,  and  when  th^  were  brought  fonvsrd  in  oonnee- 
tion  with  funeral  ritea,  they  woidd  always  be  exhibited  near  the  Innenil  pjn  or 
in  some  place  of  general  leeorL  When  they  formed  a  part  of  great  pnblie 
niemnities,  tbay  at  flitt  fbo^t  in  the  Circus  Maximal,  but  aabteqnentlj 
iuphitheatrtawere  ereoted  as  the  kind  of  ediSce  bert  ad^ited  for  these  oonteats. 
Mode  of  Rveetbure. — When  the  day  of  the  ibow  had  arrived,  of  wUehpnblie 

>  Vmw  It  vtHsi  dss.  lbM|h  Im  frsqawtl]'.  to  laoMi  er  ibMi  tn  t««L 


■ooglc 


atADUTOBB.  409 

notice  wM  given  wme  time  berorehand,  accompanied  Ini  a  description  oT  tha 
namber,  naraet,  and  previans  eiploiti  of  the  combataoU,  (LibeUui  mnneranu*,) 
tbe  Gladiators  marched  in  procceaion  into  the  Arena  of  the  Amphilheitra,  and 
wtfft  there  arranged  in  piun,  mndi  pains  having  been  previous!}'  bestowed  npon 
matching  indiTidnals  nearly  equal  in  strength  and  skill.  Their  arms  and  equip- 
ments vere  then  produced  and  careliilly  examined;  a  prelude  (PrnAuin)  followed, 
in  which  the  parties  fenced  with  vrooden  swords  and  pointiess  spean,  exhibiting 
the  nacefiil  attitudes  and  deiterons  evolulions  which  thej  had  been  tatigfat  bf 
the  Lanisla.  Tbe  strife  then  comment  in  earDest  upon  a  signal  given  bj  the 
Editor.  Ai  sooa  u  a  Gladiator  succeeded  in  inflicting  a  decided  wonnd  on  bia 
adversary,  he  exclaimed  in  a  loud  voice.  Hoc  Habet — It  is  a  hit.  If  the  injury 
■p,  eared  to  be  of  such  a  nature  ae  to  disable  the  euiFerer,  and  prevent  hitn  from 
oontinaing  the  fight,  the  Editor  replied,  Babelf  and  the  life  or  death  of  tha 
woDDded  man,  who  now  held  up  his  finger  in  token  of  submission,  depended 
upon  the  pleasure  of  the  president,  who  usuallj,  as  a  matter  of  courlesj,  referred 
it  to  the  aodience.  If  the  man  was  a  favourite,  had  fought  well,  and  betrayed 
no  symptoms  of  terror,  the  crowd  testified  their  approbation  by  shouts  and  clap* 
pag  of  hsjids,  and  he  was  allowed  to  retire ;  but  if  he  had,  from  any  cause, 
mcurred  their  displeasure,  they  depressed  their  thumbs  in  silence,  and  the  da- 
qiieror,  in  obedience  to  a  lock  from  the  Editor,  plunged  liia  weapon  into  the 
body  of  the  unresisting  victim.  The  attendants  then  nished  in,  dragged  off 
the  corpse  by  a  hoob  to  an  apartment  called  the  Spoliarium,  sprinkled  fresh 
Mnil  en  the  Arena,  and  new  actors  entered  to  perform  like  tragedies. ' 

1  Much  iDformatlDO  with  ngird  to  nriong  irilleri  enDneotad  with  OttMttarM  MnUM* 


^oiizodbyGoogle 


REFERENCES  TO   CHAPTER  X. 


Beliglon  of  Rome.— Z«IIer,  RtUahn  und  Philo»opkit  M  den  Hemtm, 
'  Leipzig,  1872.  Boiuier,  LaretigtonromainttTAvgiutemixAntoniRa,  Parfl, 
1874.  Preller,  Bomucht  Mythology  (3  ed.),  Berlin,  ISSl.  MsDinardt, 
A0DI.  SlaattvenBalltmg,  III.,  Leipzig.  1835.  Friedlaender,  DamttUungen 
mt»  dtr  SiUengtifkidtU,  4c  (6  ed.),  Leipzig,  1890,  III.  p.  5U7,  eqq. 
Boacher,  Aita/ahTllcher  Lixikoa  der  griech,  und  rCm.  llytholngie,  Leipzig, 
IBSi,  sqq.,  cC  QUbert,  Ouehichtt  uad  Topographie  da-  StadL  Bom  in 
AUtHum,  Leipzig,  1883. 

Domestle  Gods.  Larea.   Penates.— 8chomaiui,opuiKu£aa«aJenuai, 

Ombwald,  1840,  I.  p.  350,  sqq.  Scbarbe,  Dt  genii),  vtanibut  el  laribiu, 
KaziD,  1864.  Jordan,  Veita  uitd  die  Laren,  Berlin,  ISSS.  Elee,  Dt 
{tentorum,  manJutn,  torjum  naivxa,  Dresden,  I8S6. 

Dll  NOTemslles.— Winom,  De  dii  Somanorum  indigelibui  et  novtmn- 
dibiM,  Mubarg,  1802. 

Diilndlgetes.— PeterinBoftcber,£ccU;(m,II.pLl29,  t.\,  IruligUamtHta, 

SemonflS.— Jannetaz,  Elwie  «ur  Semo  Stmau  Fidiiu,  Ac,  Pam,  18SS. 


Ministers  of  Bellgrlon.— MonunMD,   Bam.   SlaaUrtehl,   II.   p.   1102, 

„>.,>    —      .r_ ^.     „....    „._ .litutig,  IILp.  225,  •qq. 

d«  rOm.  PruflerikvBU, 
T  grouen  Cotiegien,  &«., 

PODtiflces. — Mommaen,  Sim.  Staattrecht,  II.  p.  IS,  sqq.  Harqauvtt, 
BSm.  iilaaUBertaaUttng,  III.  p.  233,  ■qq.  Canwet,  Le  droit  pontifical  ehe^ 
Us  anden*  BomaSm,  Caen,  1869.  Bauch£-LeclsFcq,  Lea  poali/ei,  ftc, 
Parii,  1871-  Schwede,  De  ponlifieum  ealtegii  potUifieigqve  Tnaximi  m 
repvbtica  pot/ttaU,  lipgioe,  1874.  Preibiech,  Qtiaealiontt  de  Ubrit  ponti- 
JicalHnu,  VmtiBlftviae,  1874;  FragmetUa  iifrroruni  ponlifcaiium,  TiUao, 
1878.  Pioon,  QrgiuuaaCioa  et  eompitenet  du  college  dee  pmUifei,  Angara, 
18S3. 

Ausrures.  —  Marquudt,  BOm.  Staaltveraallung,  UL  p.  307,  «qq. 
Eittlitz,  De  rtnm  aagKralium  pott  legem  Ogvlniavi  faeta  mulatione, 
liegnitz,  18S8.  Maromki,  DeatiirttribtuBomwM,  NeuBtadt,  1869.  Regell, 
De  Kti^unun  publicomm  tU/rit,  Vratislaviae,  IS78 ;  lyagmenta  oagMnUia, 


BinREKCES.  ill 

Eittcbberg,   1882.      Spinazzoln  in  De  Kaggiero,  Diaoiuino  epigrafico,  L 
p.  778,  »qq. 

Quindecemviri  Sacrorum.—Mtrqu&rdt,  B6m.  Staaltcerwallnug,  III. 
p.  3S0,  iqq.  Banchd-Leclercq,  Hieto'tre  de  la  diviluUUm,  PorU,  1882,  IV. 
p.  286,  aqq. 

Epnlones.— Marqoardt,  ROm.  Slaalvxrwailung,  III.  p.  347,  sqq- 

Fratres  Arvales.— Marquardt,  Rdm.  Staalgvenoalluni},  III.  p.  447,  sqq. 
Heazen,  Acta  /Talrum  ATvaii-am,  Berolini,  1674.  Qatti  in  De  liuggtero, 
Dizionario  tpijrafieo,  I.  p.  082,  tqq. 


d  Rome,  F&ru,  1883.    Fiuiuata,  Dei/ezitdi  e  <Ul  diriUo/tzialt,  Roma,  1884. 
FlamlneS.— Muquordt,  Sem.  StaattvtrmaUwig,  III.  p.  326,  sqq. 
Salll.— Marqukrdt,  BtMn.  SUuUnxnoalimg,  UL  p.  428,  sqq. 

Vestales.- 

Lanciani,  L'atTio  d\ 

VMalinnai  uM  ihr  Haiua,  Berlin,  1884. 


aardt,  AAn.  StaattrxrieiUtmig,  III.  p.  439,  sqq.     Ungsr, 


Sodales  AngVStaleS. — Mnrqnardt,  ROm.  Slaaltvtruialtung,  III.  p.  463, 
aqq.  Dessaa,  Sa  aodalibus  el  fiamitiibiu  Auguilalibua  (Ephem,  Epigr.,  III. 
p.  205,  aqq.) 

Pray WS.  —  Maiqaardt,  ROm.  SlatUgveneaitmig,  III.  p.  174,  iqq. 
Laiaulx,  Studiai  da  clauuchen  Ailertian*,  Begenabni^,  1864,  p.  137,  sqq. 
Pater,  De  Somanomm  preealionum  corminiliiia,  Brealau,  1884. 

Offerings.— Marquardt,  ROm.  StaaiteerwalttLng,  III.  p.  169,  sqq. 

Ludl  ClFCenses. — Friedbender  in  Marquardt,  RUm.  StaMemraaitaitg, 
ni.  p.  604,  «qq.     Friedlaender,  Dar$l^iungtrt,  &o.  <6  ed.),  IL  p.  322,  aqq. 

AtAletEe. — Riooi  in  De  Rngglero,  DisLiottorin  epigrafico,  I.  p.  744,  sqq. 


Munflra    Qladlatorla,  —  FriedUander   in    Marquardt,   80m.   Slaatt- 
veruaUwuQ,  IIL  p  654,  aqq.     Friedloender,  Dariteliunyen,  Ac,  (6  eii.),  IL 

S.  359,  sqq.  Meier,  De  gladiataraTomanaqwifitiones »elKlru,&iTiziae,  1S81. 
Decheler,  Die  ataatiifhe  Anerkermtrng  tJei  Qladiaiortnipiela  (Kbein.  Mu*., 
18S3,  p.  476,  *qq.)  Motnmaan,  Senalta  cimndtum  de  (um/ifiitM  futotim 
gladiatoriorvm  Mimwnctt),  Ac  (Ephem.  Epigrajdi.,  TQ.  p.  Wi,  aqq.) 


G(. 


-'^yiv 


■  THE  BOHAN  CiLENDAB. 


i       In  gifbg  an  aocount  of  die  Boman  Calaidar,  it  will  bi 

in  the  flnt  place,  that  poitian  of  the  aul^ect  oonceming  niiicli  oi 
!■  full  and  oomplele ;  and  then  Ui  paia  on  to  the  coiuiideration  of  those  pdnU, 
nhich  ate  comparstiTelj  doubtful  and  obecnre.  According  to  thia  plan,  we  aliali 
commence  with  an  account  of  the  coustitutiou  of  the  Julian  Vear.' 

f  ■tiBB  Trai. — At  tho  time  when  JuliuB  Ctcear  attained  to  nipreme  power, 
the  Calendar  had,  Ironi  canaca  ivbich  will  be  aflerwarda  explained,  fallen  into 
great  cooftuion.  The  Dictator,  therefore,  resolved  to  reform  the  whole  (j-atem, 
•nd  being  himedf  vetaed  in  astronom j,  '  with  the  aid  of  SoEigenca,  a  peripatetio 
^iloaopoer  of  Alexandria,  the  great  idioal  of  t'le  sciences,  introduced  B.C.  4fi, 
that  divi^n  of  time  nhich,  with  a  few  modiiicationa,  ia  atill  emplojed  bj  aU 
Christian  nations,  and  received  from  ita  author  the  name  of  the  Julian  Vtar. 

The  aolor  year,  or  the  period  between  two  vcmol  cqninoica,  was  anppoaed  to 
oontun  S66j  daya  ;  bat  to  prevent  the  inconvenience  which  would  have  ariioi 
from  the  use  of  Iractional  parts,  Ihree  jeaii  out  of  four  were  regarded  aa  ooDMrt- 
ing  of  365  iayt,  while  every  fourth  year  had  366. 

SlaHtk*  ar  ifes  JhIIsb  Toir. — The  Roman  jear  had  from  a  rerj  ear^ 
period  been  divided  into  twelve  montba.  Tliia  number  and  the  ancient  namei 
were  retained,  but  ttie  diaCribution  of  the  daja  was  changed.  By  tbe  new 
arrangement,  lanuarius,  the  flret  month,  had  31  days;  Febntariia,  S8  id 
ordinary  TCan,  and  every  fourth  year,  29 ;  Martha^  31 ;  ApHlif,  30 ;  Sloiut, 
31;  /uniut,  80;  Quintilia,  31;  Salilu,  31;  September,  30;  October,  31; 
November,  30 ;  December,  31. 

In  the  year  B.C.  44,  Uarcos  Antoniua,  at  that  time  Conanl,  propoced  and 
carried  a  law  by  which  the  name  of  QaiBtilia  waa  changed  to  luUus,  in  hononi 
oCItiUiu  Caaar,  whose  birth-day  waa  on  the  12th  of  that  month ;  ■  and  at  a 
aubseqnent  period,  B.C.  8,  by  a  aimilar  [Hece  of  flattery,  (he  name  Sexlita  waa 
ohanged  to  ^u^utui,  because  the  emperor  had  in  that  month  entered  npon  hia 
Brat  Conanltlup,  had  achieved  aome  remai^ble  vietmiea,  and  had  oelebiaied  tlue« 
triumph!.  *    Other  prineea  rejected,  *  or  cooited  like  distinctions.    Sg>tember 

_>  n*  BriDclpal  auhorltld  i 
KO.  IL  IH.  Ov,  rut  IIL  II 
KHroti.B,Ll4    AmnluLlIi 

■  Bm  Mwmb.  B.  L  I& 

a  Mu»b  8, 1.  11    Dion  Can  XLIV.  8.    AgipUB.  B.a  a  IM. 

iw^M^ri^bvca^ris       ^^''''  " — "— ----r ■-•--  ■ If  iTiaaii, 

D,a,l,;t!dbvG00glc 


413 

WW  ftr  a  wbili  known  h  GermanicoM,'  mad  October  at  Dotnitiaiuu ; '  but 
while  th«  namet  of  Jvly  and  Augutt  atill  endue,  the  othen  aooa  nretted  to 
tiaiz  primitive  deeignBtioni. 

■MvUtoua  ariha  DI*aih. — Jnliu*  Cxaar  rct^oed  alio  the  andent  diriiioni 
<tf  llie  month  b;  CaUndae,  Nmae,  and  Idta.  The  CaUndae  fell  muronnlj 
on  tlie  first  daj  of  each  month ;  the  Ida*  on  the  13th,  except  in  March,  Uar, 
Jolj,  and  October,  when  thej  fell  on  the  15th ;  the  Noaae  were  ahraTf  eijnit 
(according  to  the  Soman  oompntatioo  nine)  dayi  before  the  /Jiu,  and  iMtefora 
on  the  6th,  except  in  March,  Hay,  Julj,  and  October,  when  they  fell  on  the  7th. 

BleihMi  »t  DatiBc. — ^'hen  Bn  erent  did  not  happen  exactly  on  the  Calenda, 
Nonea,  or  Idea  of  any  month,  they  calculated  the  day  by  reckoning  bsckwarda 
from  the  next  diviaion  of  the  month.  Thoa,  if  it  happened  between  the  Calenda 
and  the  Nona,  it  wai  laid  to  take  place  ao  many  day*  before  the  Nonei ;  if  it, 
happ^ed  between  the  Nonei  aud  Ides,  it  waa  aaid  to  take  ]^ce  bo  many  days  . 
befiiie  the  Idea ;  if  it  happened  afler  the  Idea,  it  was  said  to  take  phtce  lo  man  j  ': 
days  befare  the  Calends  oi  the  ensuing  month. 

In  the  second  place,  in  mokbg  these  computation*,  the  iayjrom  wliich  they 
ndconed  was  always  indnded,  aa  well  as  the  day  lo  which  they  reckoned.  Thns, 
the  Sdof  January  was  called  the  third  day  before  tlieKones  of  Janoaty;  the  10th 
of  March  the  6th  day  before  the  Ides  of  Man^ ;  the  14th  of  Jane  the  18th  day 
before  the  Calenda  of  Jnly.  We  oluerrean  analogr  to  this  practice  in  the  Scotch 
phrase,  "  this  day  eight  days ;"  the  German  "  acht  Tage,"  which  ahka  denote  a 
apaoeofjecendays;  andtheFrench  "qninicjourB,"whioh  elands  for o/orinipA(. 

The  form  of  expression  was  likewise  remarkable.  When  an  event  took  place 
on  the  Calends,  Nones,  or  Ides,  it  was  said  to  happen,  CaUtidu — Notiu — 
JdSnu  lanuariu — Febrtiariii,  Kc.  or  lanuarii — Ftbruarii,  &c.;  (sc.  mensis;) 
when  it  took  pUce  on  the  d»>  before  one  of  these  divisions,  then  it  was  said  to 
happen,  PridU  Calendaa — Nonas — Idas  /anuarioj — FetnTiariai,  &c. ;  bat  in 
other  cases  the  fimnnla  generally  employed  was,  Anfe  dism  ^zii''Jii-TdlW'''lua — 
owtnfuni — sertum,  {ec.  .CalauLu — Nontu-^Jus  'lapii/iriaj — Feliruariai,  tm. 
Ilmrthc  31st  ofJaonaiy  was,  PridU  CaUitdat  FtbruarioM ;  the  Qth  of  March, 
Pridie  Nonat  Afartini;  the  12th  of  April,  Pridie  Idui  Apriia;  the  27th  of 
April,  Ante  dien  quiittam  Calendat  Maiat ;  the  2d  of  Hay,  ^tUt  diim  texlum 
^enai  Maiat;  the  6th  of  Jane,  Ante  diem  txtavum  Idtii  junias;  the  l£th  of 
Angnat,  Ante  diem  decmum  odavum  Calendai  Septenbre*.  Sometimes,  bat 
leu  frequently,  tlie  prepoaition  is  omitted,  and  the  numeral  put  in  the  ablative. 
Thus  we  find,  Quarlo  CaUndai  Septembra,  for  the  29tfa  of  August ;  Decimc 
aerto  Cafcndaa  MiceTJitrM,  Iho  17th  of  October;  Qavito  Jdui  I^embret,  the 
9tb  of  December,  and  ao  OHi  In  ancient  monuments  and  otdMSS.,  the  word* 
Aalt  diem  are  very  frequently  indicated  by  initial  iettera  only,  A.D.,  and  the 
wunber  by  the  Roman  numeral— thus,  A.D.  lY.  Idub  Octobres  ;  A.D.  TL 
CAi.EitDABD£CEMBBR8',  A.D.  III.  NOKAa  NovEUBKEa ;  or  farther  abbreriated, 
A.D.  IV.  Id.  Octob.  ;  A.D.  VI.  Kau  Dec  ;  A.D.  III.  Has.  Nov.  The  Ante 
diem,  or  it*  abbreviation,  are  often  omitted  altogether,  and  the  numeral  (taods 
atone— IV.  Id.  Octob.  ;  VI.  Eai.  Dec  ;  111.  KoH.  Kov. 

SeaUger  and  othen  have  attempted,  with  no  great  soeceas,  to  acconnt  &x  the 
nigin  M  the  (iipiiesiiiii  Anle  diem  tertium,  kc  instead  of  what  would  appear 
to  be  the  m>n  Datnral  form,  DitM  i«rtium  (or,  die  tertio)  ante.  *  However  the 


M  Umi  OtMrt,,  bat  neb  ■  < 


414  VU  wnux  QunfDix. 

phnw  may  hxn  tmm,  tb«  aomUnatioD  a/ilt  dUm  ippean  praetioallj  to  htre 
been  k  foTTDiilB,  irhioh  nat  ngfirded  a*  a  ungle  word,  and  henea  ire  oocarionallj 
find  aoolher  prepowtion  profiled  to  the  ante.  Thiu  (So.  PhiL  III.  8, — Is  Mm 
MEU  qaartam  Caiendat  Deemabres  duttilil,  Le.  He  pnt  off  (the  meeting  of  tbe 
Senate)  to  the  28th  of  NoTember ;  and  again,  Ep.  ad.  Alt.  III.  17.— 1>«  Quinia 
frairt  nunlii  nobii  Irittes  nee  varii  ueneranl  zx  AHTG  diem  Non,  iun.  taqxe 
ad  Prid,  Kal.  Sept.  i.e.  From  the  Nones  of  June  until  the  daj  before  the  Caleoda 
of  September.  Nay,  we  even  meet  with  ante  diem  intinduoed  adveibially  wherft 
no  dale  is  given,  aa  in  Caea.  B.  C.  1.  11. — Akte  qubu  dtek  itana  tit,  for  mo 
d!e,  and  the  Gieek  wiiten  tranilate  the  phnue  literally,  when  campatin;  time 
according  to  the  Roman  faahion,  Thos  Ptntarch  '  telle  n«  that  Rome  waa 
fimnded  ifUff  rit  xfi  hin»  KaXarlui  Mi*/h>,  i.e.  2Iat  Ainil.  > 

■■tcrraiBtisH  artha  JbIIbs  Vmr. — The  dar  added  ereiy  fonrth  year,  aa 
explained  above,  waa  inserted  in  February,  immediately  after  the  featival  of  the 


ftom  whieh  dtetunatance  the  day  inioted  was  termed  Bissextum,'  or  DU» 
JBmextut,*  and  tbe  year  itself  jinnut  Basextat.'  The  adjective  £useztUw, 
from  whence  comes  the  modern  word  Baiextile,  is  a  barbarism.  We  find  thai 
tbe  Boman  lawyers  decided  that  of  the  two  days  which  were  called  VI.  Rat. 
Mart,  the  latter,  or  that  nearest  to  March,  was,  strictly  speaking,  to  be  eoa- 
sidered  in  all  contracts  as  the  inserted  day ;  but  that  since  these  two  days  wen 
(me  in  the  eye  of  tbe  law,  any  person  bom  on  the  inserted  day  was,  in  ordinary 
years,  to  consider  the  VI.  Kal.  Mart,  as  his  birtb-day,  while  any  person  bwn 
on  the  VI.  Kal.  Mart,  in  an  ordinaiy  year,  waa,  in  the  Annua  Bittextta,  to 
oonsider  the  former  of  the  two  days  called  VI.  Kal  Marl,  as  his  birth-dar.  * 

The  edict  published  by  Jolins  Cssar  which  explained  the  changes  inlnMiictd, 
and  pointed  ont  the  steps  to  be  followed,  in  order  to  secure  regnlari^  fiir  the 
hture,  seems  to  have  betii  expressed  ambiguonsly.  The  Julian  Era  commenced 
on  the  1st  of  January,  B.C.  45 ;  Ctesar  was  assasunated  on  the  Ides  of  Hardi, 
the  year  following,  and  almost  immediately  after  the  Pontifica  fell  into  an  error, 
and  inserted  a  day  every  third  year,  instead  of  evety  ftrarth-  This  was  continued 
for  thirty'ux  yeaiia,  b  the  course  of  which  twelve  days  wtfe  added,  instead  of 
nine,  when  the  mistake  was  rectiSed  by  An^itns,  whogave  orders  that  the 
insertion  of  the  ituexlum  shoald  be  omitted  for  twelve  years,  by  which  a  com- 
pensation woidd  be  made  for  the  three  aup^mumeraiy  days,  after  which  the  inser- 
tion was  to  proceed  r^nlarly  every  fonrth  year,  aoooidlng  to  tbe  original  inten- 
tion of  tbe  aathor  of  the  Calendar. '  A  slieiht  correction  must  on  this  acoonnt 
be  applied  to  the  dates  oT  events  which  looK  place  within  the  above  paiod  Ol 
thbr^-ux  yeaia,  whoi  they  descend  to  days.  Thus  the  battle  of  Actimn,  whidi 
we  are  told  was  fought  on  the  2d  of  B^itember,  B.C.  31,  really  happened  on 
[he  3d. 

NKDdiHiic. — From  the  earliest  times  the  Bomausmade  nse  of  a  weekofeifAt 
days.    Dniing  seven  days  the  hnsbaadman  devoted  himself  to  his  rural  tMla, 


Cu*.  B.C  La./f««<ratim'(  iimm  V.  Cat.  AprCll.  mi  Ur.  VL  t  T 


".OOglf 


416 

■»d  «a  t)M  Mglith  ha  lep^nd  to  tbe  atj  to  tmuut  bndncM,  ind  tatarHm  bb 
political  priTilwBB.  ThcH  nurket  daji  wve  called  iVunJinae,  a  word  vrHeatij 
fanned  from  Iviniu,  beuuite,  ■eooidiiig  to  tbe  Roaun  method  of  oompntatioa, 
they  rtouzred  ertrj  niath  day,  nono  qiioque  die.  We  have  ee«i  aboTo  (p.  145) 
that  in  the  year  B.C.  98,  a  law  was  patted  by  the  jCodsoIi  Q.  Cneiliiu  MeteUm 
and  T.  Didios,  thence  calked  Lex  CoeaUa  Vidia,  which,  among  other  [ODvi- 
sions,  enacted  that  evory  bill  ahoald  be  sihibi(«d  for  tbe  inqteotiaii  of  the  petals 
for  thiee  market  d&ys  bdbre  it  waa  sahmitted  to  the  Comitia.  Tbie  ipaoe  of  time, 
which  conld  not  be  lees  than  gereDteai  days,  wis  from  that  time  forward  called 
TWniuuiiBuni  or  TWnum  Nrmdinam.  <  The  Nimdinae  ran  on  with  perAot 
regnlari^;  bat  it  wu  considered  nnlncky  for  them  to  fill  upon  the  lint  day  cf 
(bi  year,  or  upon  the  Nonet  of  any  month. '  Such  ooincidenoea  were  eardnllf 
enaided  agunit  in  tiie  infkncy  of  the  repnblio  by  tbe  prieita,  who  controlled  the 
Calendar,  and  vrea  M  late  ai  B.C.  40,  fire  yean  after  the  adoption  of  the  Julian 
refbrm,  an  eitraordinary  day  waa  inserted  to  prevent  the  first  of  Janniry  in  tbe 
following  year  from  odndding  with  one  of  the  Nandinae, '  the  gopentitian 
having  been  rBvived,  it  would  seem,  by  tbe  circumitanra  that  the  war  of  Lepidni 
(B.C.  78)  broke  out  in  a  year  whicb  commenced  in  tbie  inaiupidotu  manner. 

"nia  Jewieh  week  of  aerBn  dayi  (Hebdomivi)  waa  known  to  the  Bomani  &om . 
tbe  time  of  Fompeina,  bat  was  not  gtnerajlj  adopted  mi^  after  Chriatianity 
beeame  tbe  eetablished  religion  of  the  State. 

ClMMUcMlaw  *tttm.j: — We  may  now  proceed  to  explain  the  epitbeta  by 
which  the  dayi  of  the  Soman  yeu  were  distingniihed  indiTidaally,  wt^en  eon- 
tidered  with  refoecce  to  religion  and  the  ordinary  hnaineee  of  UTe. 

Ditt  FcuU  were  the  days  npon  which  the  Coorts  of  JoMice  were  open,  and 
legal  borineH  ooidd  be  traiuacted  beibre  the  Fmetor,  the  DUs  Ne/asti  were 
thoM  upon  which  the  Goitrts  were  cloeed.  Certain  days  were  Faid  during  one 
portion,  Ne/atti  during  another,*  and  «aoh  were  named  Inlercui,  (halvedj  or, 
aooorduig  to  the  more  aneieDt  fonn  of  the  word,  Endotercin. 

All  days  cooseonited  lo  the  woiship  of  the  Gode  by  saaifloei,  feasti,  or 
game*,  were  named  FaH;  those  hallowed  by  no  such  solemnitiea,  Pro/ati. 

The  holy  days  (_Feriat,  Feita,)  iocluded  onder  the  general  denominatiDn  of 
Fati  diet,  were  divided  into  two  daaiea,  Ferine  Pablicae,  and  Feriae  Privalae, 
the  fonner  oelebrated  by  the  commnnity  at  large,  the  latter  peculiar  to  particolir 
olani,  familiee,  or  ini^Tidaals.     The  Feria'  PubUcae  again  were  dtber, 

Feriae  Siatinae,  obserred  regularly  cvciy  year  on  a  fixed  day,  inch  as  the 
7'ermiiialia  on  tbe  23d  of  Februaiy,  the  Fettuia  Aiuiae  Peremiat  on  the  Idea 
of  March,  and  many  othen  ;  or, 

FeHoe  Coneeptivae,  dbeerred  legularly  every  year,  but  on  days  fixed  by  the 
prieatg  or  m^istrates  for  the  tune  being.  Snch  were  (he  J^eriae  Lalinae,  tbe 
Semealiva,  Con^ntalia,  &c.     There  were  alio 

Feriae  Imperativat,  extraordituiry  holidays,  being  for  the  most  part  days  of 
■application  or  thanks^ving,  ajqiointed  by  the   magiatrates  on  occasions  of 

1  B«  ci»  no.  V.  &  x>  id  Alt  m-St-td  rtm.  xvl  i*.    ut.  m.  v.    aninUL  l  o. 


.A'*!^  li  4»rti»d  from  to. 


■r  from/rrC  m  bvlar  th«  diji  od  whlah  It  malauifattor  Xbt 
irhlBta  «£™Hd  hLi  }iiH(4lcll9Ti.     'niDi  UwiriAhH  8   1.  JCL- 


416  «HS  soMAK  ouxaniM, 

iiM'9"»J  diiliwi  or  triomph.  We  ongfat  «lao  to  notiM  DUi  Ctnntiafef,  d^  «■ 
wbieb  it  wu  lawful  to  hold  uieinbilei  or  the  people,  being'  Bit  the  moit  [wa 
MOh  u  were  Deither  Faiti  nor  J^<u(t  nor  Intercia. 

[  nor  oni^  we  to  rorget  tlie  i>tu  j4lri,  on  which  it  wm  tbooght  onlnc^  la 
Inndertake  taj  bn^neu  of  itnportanoe.  To  tbie  oUn  belonged  the  day  ■fter  the 
lCalend«,  None*,  and  Idea  of  each  montta,  ai  we  are  told  bf  Ovid.  FmL  L  57- 
UUerobiiu  gives  a  full  aocotint  of  tlie  origin  of  thii  euperadCioD  (1.  16.) 
^...vbbiI. — For  nearly  four  oenturiea  and  a- half  after  the  foundation  of  the  dty, 
the  knowledge  of  the  Calendar  was  conGoed  to  the  Pontifloea  alone,  whoae  dn^ 
it  wai  regularly  to  proclaim  the  appearanee  of  the  New  Hoon,  to  annomice  t« 
the  people  the  daja  of  the  month  on  which  the  Nonei  and  Ides  would  tall,  and  to 
givenoiJoeofthei>iuFe>ti,i''(u(i,iVe/(u{i,  and  ComifiaZet.  These  aeciMawhloh 
might  be,  and  doubtleu  often  were,  emploved  for  political  enda,  were  at  length 
divulged  in  the  year  B.C.  314,  by  Cn.  Flaviua,  (see  p.  288,  376,)  who  drew 
ap  tables  embracing  all  this  carefully-treaaurcd  information,  and  hnns  them  ap 
ill  tlie  Fomm  for  the  inspection  of  the  public'  From  thii  time  fimtdaoeaiiienla 
of  tliia  description  were  known  by  the  name  of  Fotli,  and  were  extutdted  ibr 
general  use  in  varioua  parts  of  the  city.  They  conUuned,  fbr  the  meet  part,  an 
enumeration  of  the  days  of  the  year  in  regular  order ;  Id  each  was  attached  a 
luark  pointing  oat  whether  it  was  FasOis,  Ne/aitiu,  Inlercitut,  Comitiatu, 
Ater,  Sia. ;  the  position  of  the  Nones  and  Idea,  and  different  Festivals,  was  also 
laid  down,  and  somerinies  a  brief  notice  of  some  great  victory,  the  dedication  of 
a  temple,  or  MOiUar  event,  was  added,  especially  in  latvr  times,  when  in  thk 
manner  a  compliment  could  be  paid  to  ttie  reigning  prince. 

These  Fatli,  in  fact,  anrcspoDded  vciy  closely  to  a  modem  Almanac,  and  the 
poem  of  Ovid  which  he  entitled  Fasti  may  be  ooosidercd  as  a  poetical  Year' 
&>ok,  or  Coiiq>aHion  to  llit  Roman  Almanac,  according  to  the  order  of  the 
Julian  Calendar.  AU  the  more  remarkable  epochs  ai«  ezauuned  in  auocessioa,  the 
origin  of  the  different  festivals  is  explained,  the  varioua  ceremonies  described  and 
■ndi  CIlBStiatioaa  added  as  were  likely  (o  prove  useful  or  interesting  to  the  reader. 
Several  speamaia  of  i^mfi,  or  ancient  Almanacs,  engraved  on  stone,  have  been 
disooverad  at  different  (imea  more  or  less  perfect,  and  copies  are  to  be  found  in 
the  larger  eolleotI<HU  of  Eoman  antiquities  and  inscriptiona. ' 

UpoQ  a  careful  exnminaUoa  aod  comparison  of  tbe  marica  by  which  the  days 
of  the  year  are  distinguished  in  these  monuments,  we  obtmn  the  fbUawinf 


38  days  ore  marked,.. 


N.P. 

F.  P. 

Q.ntxC.?. 

(i,St.  D.  F. 

EN. 

C. 

SneHota. 


Hurui  AuIlM.  Rgnn.  Vol  VIIL  :  finMn-.  Corp»  lMm».  Li 
TiuiamD  nllqutu.  Me :  r<H  rmutit.  aalBudtwu.  ad  VasiSa  Bi 


THK  KOUAX  CALKKDAX,  417 

t.  dotciM  Fattus;  N.  Ne/astus;  N.  F.  Ntfaitv  pnore,  (pute,)  that  Ii 
Ne/iutui  in  the  soHj  part  of  the  daj,  and  thereTore  ire  oonolnde,  Ftubu  in  tbe 
•fler  part ;  F.  P.  Ftutiu  pnore,  ths  oonvene  of  tbe  preceding;  Q.  Bex  C.  F. 
QwMdo  Sex  CotnitiavU  Failia;  that  is,  Fiutiu  after  tlie  Rex  Sacr^ulut 
hue  peifoimed  uciifioe  in  the  Comitium,  this  mark  \m  attached  to  tbe  24th  of 
libLTcb  and  the  I4th  of  Ha^ ;  Q.  St.  D.  F.  Quando  Slercut  Dtfirtur  Faitia; 
that  is,  Failfia  after  the  siraepinea  aad  other  filth  have  been  ouried  oot  (^ 
the  temple  of  Testa  and  coDvejed  to  the  Tiber,  a  oeremonj  perfbnned  once 
a-jear  on  llie  15th  of  June,  ai  we  learn  from  Ovid  and  Tairo;  EN.  Endo- 
terdtae;  C,  Comitialii. 

There  ig  MHne  difficoltj  in  explaining  the  difference  between  the  davt  which 
were  N.  P.  and  those  which  were  EX.  The  Idea  of  each  month  were  N.  P.  and 
moat  of  the  other  daj^  bearing  tbia  mark  were  sacred  to  different  deities,  while 
tbow  marked  £N.  do  not  appear  to  been  hallowed  bj  anj  solemnity  whatever. 

The  FatH  just  described  hare,  to  prevent  confusion,  been  ealled  Calendaria 
or  Fcuti  CaUndaTa^  and  mnsl  be  carefully  diitinguuhed  Ironi  oertain  composi- 
tiODS  also  named  Fa$ti  b;  the  ancients. 

These  were  regnlar  chronicles  in  which  were  reoorded  each  year  the  names  of 
the  Consuls  and  other  magistrates,  together  with  the  renuricable  events,  and  the 
dajB  on  which  they  occnired.  The  most  important  wtre  the  AmuiUt  Maxima 
kept  bj  the  Pantifex  Maximiu;  bat  umilar  records  B|qiear  to  have  been 
compiled  bj  other  magistrates,  and  by  private  individnals,  and  we  find  many 
allusions  to  works  of  this  description,  which  mutt  have  afforded  valnable  mate- 
rials to  the  historian.  * 

In  the  year  1517,  sereral  frannents  of  marble  tablets  were  dng  np  at  Borne, 
which  were  found  to  contain  a  Bet  of  Consuls,  Dictators,  Censors,  &c.  &om  the 
Ibnndation  of  the  mtj,  nntil  the  ag«  of  AngnstDs.  These  were  collected  and 
adjusted  as  far  AS  possible,  and  depoaited  by  Cardinal  Alexander  Famese  in 


Fasti  Conjulures,  Fatti  triamphaiaf  and  the  like. 

We  may  now  torn  our  attention  to  the  Boman  Calendar  as  it  existed  in  agei 
more  remote,  and  to  the  different  forms  which  it  assumed  before  the  Julian  Era. 
£vffy  part  of  this  subject  is  involved  in  darkness  and  uncertainty,  and  the 
statements  of  the  andent  writers,  who  appear  to  have  been  themselves  very 
ignorant  in  snah  matters,  are  moat  perpleimg  and  irreconcileable. 

Taur  aC  BMaalai. — There  can  be  little  donbt  that  a  year  was  in  nse  among 
the  Botnans  In  the  eariiitt  times,  and  therefore  denominated  the  Yearo/Romuiut, 
which  oonrated  of  304  days,  divided  into  10  months — Martins,  Apnlis,  Mains, 
Jtmius,  QutBtiUs,  Sextilis,  SepUmber,  October,  November,  December.  Of 
these,  March,  Hay,  QntntOia,  and  October,  contained  SI  days,  the  rest  80. ' 

TIuU  the  month  of  Uareh  wa*  (^ginally  tbe  flrat  in  the  year  is  snfficientiy 


*  ut  Hn.  c  III.  xto.  I.  IV.  iia  la  a.  I  iil  lit. 

*  Amni  Uw  dUv  UNoTkai.  Uolnliu  Uaen  indFtaMtdl*  aulBUiMd  tkal  tbt  Bhh 
ftgm  Uh  Snt  tat\onli  ■  aolir  nar  of  II  nHmilu,  («•  OniartB.  SO.  add  FbRarcdi  ll 
Tit,  Man.  It  )  Ibit  i)m  DomlMr  of  tbt  memha  vu  iirl|lBill*  It,  and  that  Um  aoaAv 
d^ri>B*Mta(arMfromlOWM,tbaiani  iMal  Mat  MO.  Bat  oa  Ih*  aibv  rid*  ■•  ha 
Janlai  Qiawlianas,  rtUvhu,  Vane,  and  aOitn,  (Ma  Ciatarlu.  «•  akonLi  t«  wbom  ■■  b 
aMOT.FaM.LfI.«.  Ill  ti.ljg.lS1.  AaL  Oad.  Ill  IS.  Haaiak  B.  L  la  (alliL  Fell 
l.|  alleCwkemt|i«akwlib«taivdsaMeftb*l«iDaiiilunu'  TbaDaoikMetdustasa 
■eatlilst>>«ibjO«Morlmi,»ollins,*BdHa«iti(a».  , 


418  im  KOVAiT  ciLxmAB. 

'  pTOred  by  the  namee  of  thoM  irfaich  follow  June,  ntundj  QuhtQi*  or  tlw  fiftt 
month,  Stxh'Iu  the  liith,  Seplnn5er  the  Mveoth,  and  lo  on  to  DecenAer  the 
toith.  Id  addition,  man/  saond  rilea  and  ancient  outoma  long  retained  pwnt  to 
Ihe  tame  omaliuiDn.  On  tba  flnt  of  March,  the  bolj  fire  itu  renewed  on  the 
altar  oTTeeta ;  at  the  oommencemeot  of  the  month  Uie  old  lonrela  were  taken 
down  front  the  Regia,  from  the  honsee  of  the  Flamina,  and  from  (he  diffenot 
Oirtae,  and  replaced  b;  fresh  branches;  uuuiGoeewere  offered  to  ^nnaP^renRa, 
the  goddew  of  the  droUn^  jur ;  the  salariea  of  imtractora  were  paid ;  the  (azea 
Aimed  oat ;  and  matront  gBTe  on  entertainment  to  the  slavea,  as  the  maaten  of 
ftmiliea  did  on  the  SataniaUa,  the  object  of  the  latter  being  to  reward  the 
domeitioi  for  their  indnttiy  during  the  year  that  was  past,  of  the  former  to 
■tunnlate  thdr  eiertiotu  for  the  fhture. ' 

The  year  of  304  day*  oorreepoDdi  with  the  coone  neither  of  the  aim  nor  <tf 
tbe  moon,  and  many  hypotheaes  have  been  fanned  with  r^ard  to  ita  origin  and 
import.  By  far  the  most  ingenious  and  profound  of  theee,  eo  Ingenione  indeed 
tbat  it  abnoet  carries  conviction,  ia  the  theory  propounded  by  Niehnhr.  Ho 
aopposes  it  to  have  been  employed  along  with  a  lanar  year  for  the  porpoee  of 
making  the  solar  and  Inoai  yean  caincide  at  oertain  fixed  epocfai.  He  moreover 
finds  traoea  of  it  in  history  at  a  period  long  after  it  is  genemlly  believed  to  have 
hlleo  into  dimse,  and  by  its  aid  explains  several  of  the  ohroDological  anomalies 
and  contradictions  so  freqnent  in  the  earlj  annala.    His  calculations  are  too  intri- 

'    o  be  developed  here,  but  well  deserve  the  altaitiaD  of  all  inierated  in  sneh 


IT  »t  Naaw. — The  year  of  Bomnlos  was  SDceeeded  by  a  pore  hmar  year, 
Introdoetd,  according  to  the  prevailing  tradldon,  by  Niuna,*  who  retained  the 
namo  of  the  ten  months  already  in  nse,  and  added  two  mora,  /anuanut,  from 
tlie  god  ioRui,  and  F^truanut,  &om  Febraai,  the  ddty  who  presided  over 
exmatoi;  ritee. 

The  tme  length  of  a  Innar  minith,  that  ia,  tbe  interval  between  two  sncceesive 
New  or  Full  Hoone,  is  29  days,  12  honrs,  44  minntea,  2.87  seconds,  and  henoe 
twelve  lonar  months  contun  S54  days,  8  bonre,  4S  miantes,  84^66  seconds.  Tbe 
Athenians  made  tbdr  hmar  year  oon^st  of  354  days  i  but  Muma,  inflaenced,  it 
is  said,  by  the  virtue  attributed  to  odd  numbers,  '  added  another  to  make  np 
3fi6. 

CaloHbu.  Nmmo.  Idas. — Each  month  was  divided  into  three  periods  1^ 
the  CaJenda*,  Nonasy  and  Idu».  Tbe  CakniUu  marked  tbe  Brat  of  the  mmtli, 
the  day  following  tbe  evening  upon  which  the  sktider  oieeoeat  of  tbe  ATcio  Moon 
was  first  visible  m  the  sky ;  the  iVmoe  the  i^rjt  Qaarler ;  the  Idiu  tbe  FuU 
Moon.  Tbe  ong^a  of  thue  terms  moat  be  exjdained.  Hacmbins  has  preMred 
the  record  of  tbe  andent  practice  (8.  I.  15.^ 

Priteit  trgo  temporibiu,  anteqaam  Ftah  a  Cn.  Flavia  set^ia  invitu  patribut 
ui  omwun  noftliain  proderentw,  Pouted  Mmori  hue  pnmnda  ddegahatwr. 
Id  noiwe  hauu  primtaa  obiervani  ad^ediaa,  vinimfiK  R^  Saerijmdo  min- 
tiaret,  itaqae  saerificio  a  Rege  el  Minore  Pontijkt  ceUbrato  idem  Pontifex, 
Eauu,  td  eit,  VOGATA  in  Capitotiunt  pUU  iaxla  Curiani  K/dabram,  >pat 

I  Bm  KMnb.  B.  1.  It.    0(.  Fut  m.  laa  MM    PhMwoh.  «,  B.  la. 
tm^qliT'sKaMWiHlitiinf,  VsL  L  CbuMr'-OBlbaHsalH'atalK'' 
*Cu>oi1d.Ml    Solln.  1.    KuTob.  a  l.ll.    On  tin  othw  hand  JnntM  OtwImiwi  aJa- 
IslMd  (CnuaiiiL  I,  «,)  Itwt  IkkahuH  wulRtrodMtdbr  TBrqslnhixPriHH.) 
HI  inirrr  niuM     RU.  ILK.XXVIU.^ 


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


THE  lOMAK  OAUMDIK.  419 

Cbnie  BoetuSprosma  ett,  qwA  jiKmero  diet  a  Kalendi*  adNonat  nq>enueut 
prontmftahil  •'  el  Qudtanas  quidem  dicto  fuin^uiei  serbo  ■■>«,  Septiiukai 
repelUo  ttptia  pratdieabat,  verbum  autem  *«Adi  Orateum  ett,  id  ai,  toco,  et 
Aunc  difln  gui  (z  Ati  dUinu  qui  Kaiaraitur  pritraa  euet,  piactdi  Kalemdas 
roeari.  ftinc  e(  tpd  Curiae,  ad  quan  voeabantar,  Rit.AKing  nonun  dalum  m(. 
/deo  aulem  Minor  Pimlifix  mtnenim  dierum  qui  ad  Nonas  mperemeid 
Kalando  prodtbat,  quod  pott  mnam  baiam  oportebat  Nonarum  die  popularei 
qui  w  agrit  a$atl  conjluere  in  arbem  accepturoi  cautai  /eriamm  a  Regt 
Saerormn,  icripluroique  quid  esxtt  to  taaue  Jacimidam. 

It  ftppean  from  thi*  that  ihe  Kalendae  were  deriTsd  &om  Kalo,  the  xame  niili 
tbe  Greek  bdXm,  beeuM  immedUlel^  after  the  nipaarmnoe  of  tb«  New  HotHi,  the 
people  were  odled  together  that  tlieyn^^t  bt  tola  on  what  day  the  Nonea  would 
ikU,  It  innst  be  obaerred  that  tha  Nob  Moon  m  qoea^oo  was  not  the  uCronoaii- 
cd  New  Hood  or  period  of  oo^jmiotioTi,  but  tbe  bit  ^^earance  of  the  crescent  in 
die  evening  twilight.  Now,  acoording  to  dreanutaoces,  the  New  Moon  is  aome- 
tfanefl  Tisible  od  tbe  erentng  after  coDJnnatioD,  somedmes  not  for  two  m  three 
daya.  Hence  the  Nimei  or  iWQaarler  would  fall  gometimea  as  eariyaa  the  fifth 
of  the  monih,  aametimea  ae  late  as  the  serenth ;  and  thus  the  Idei  or  Fnll  Ham 
would  fall  sometimes  as  sarlj  as  the  tbiiteenth,  sometimes  as  lata  it  the  fifteenth. 
The  poDtifTs  appear  bj  andent  orntom  to  have  been  confined  to  Che  extremes, 
and  benoe  according  to  the  appeannca  of  ths  New  Hooa  thej  proclaimed  ibat 
tbe  Nones  wonld  be  on  the  fifth,  in  whkh  ease  they  were  called  Qaintanae,  or 
on  tbe  seventh,  and  then  ther  wan  eaUtd  SepHmanat.  Idia  is  derived  Irom  an 
Etrnecan  verb  iduare,  signifying  (o  divide,  beoatiaa  tbe  Fnll  Hoon  divides  the 
Innar  montha ;  ^ona«  is  the  pli^  of  Noniu  "  the  ninth,"  beAanu  the  Nihim 
were  alwaja  jurt  nine  days  before  the  Idea,  aoooidiog  to  tbe  Boman  ^Btem  of 
rompntation  explained  above. 

Jaunarf  and  February  having  been  added  to  tbe  tea  montfca  (^  tbe  old  /ear, 
a  qneatioQ  arises  as  to  the  order  of  snooeasion  then  or  snbaeqaently  esCabllBhed. 

That  FebrusT}'  was  in  tbe  fint  instanoe  tbe  last  month  of  the  ;ear,  seana 
aoareelj  to  admit  of  doubt;  thus  Cicero  de  I-egg.  U.  21. —  Fenio  ntmc  ad 
Manium  iura,  quae  maioret  noatri  et  ifpientiaime  iiutitutnait  et  Teligiotit- 
aune  coluerunl.  Fdmiario  anlem  n\en*e,  qui  tune  eztremu*  anni  metuii  eral, 
awrtuu  parentari  voluennt, — and  Varro  (L.L.  TI.  §  13.)— Teuon aua,  ^uod 
it  diet  amu  extrentut  conitilHtut.    I>uodecvnut  enin  meuni  Jial  Febrtairmi. ' 

We  have  no  salisfactoi?  evidence  to  determine  the  epoch  at  which  Janoai; 
and  FebruaiT  became  the  firat  and  second  months.  Flntarch  supposes  tbem  to 
have  been  bom  the  first  the  eleventh  and  twelfth.  According  to  Ovid,  who 
aoppoasa  tbem  to  have  been  added  b/  Noma,  Jsnuaij  was  placed  at  the  begin- 
ning of  the  year,  Febniaiy  it  the  end,  and  the  new  arrangement,  bj  whidi 
Februaiy  was  plaeed  seoond,  was  introdnoed  hj  the  Decemvirs. '  It  is  perfectly 
dear,  however,  from  the  Tariooa  owemomee  desoibed  above,  that  Hanh  mntt 
have  been  looked  upon  as  the  ccKnmtmoement  of  the  year  at  tbe  time  when  thOM 
rites  were  eitablished.  lanuariut,  therefore,  may  have  been  called  afia  Laau, 
tbe  deity  prtdding  over  the  beginning  of  all  tbinga,  not  becsose  it  wm  tbe  fint 
month  of  tbe  uatA  or  of  the  civil  year,  bat  bManie  it  was  the  month  wMdi 


IL  ;l,  mini  iliii  Ji 


420  THB  KOHAH  CUnfDAX. 

buntdUtely  tbDowed  the  winter  solstice,  when  the  inn  msj  be  vid  to  reMime 
hi«  oareer.  ■  We  know  that  from  B.C.  153,  the  ootuoli  m.yf»jt  entered  npcm 
..  .  ■  .  i> . .  .  ^  j^g  J  ^j  Juiuai/,  bat  we  camiDt  po^^rely  anert  that  thii  itj 
id  the  Siwt  of  the  dvil  year  before  that  time,  althoafh  it  tmdoubt- 
ediy  WM  looked  upon  u  «ach  ever  after. 

I>MrcAlsti««  af  Ilia  Lmmmr  Tear. — The  lonar  year  of  the  Greeks  eoiutiiled 
of  864  dajB,  that  of  the  Bomans  of  355,  while  the  length  of  the  «olar  jear,  upon 
which  depends  the  reCnra  of  the  seasons,  is  366^  days  Dearly.  Hence  almost  all 
nations  who  have  adopted  a  lunar  year  have  bad  reconrae  to  intercaJaliont,  that 
ia,  to  the  insertion  ^  additional  days  or  months  from  time  to  time,  nhich,  if 
managed  skiUiill^,  will  insnre  a  correspondence  between  the  dvil  and  natmal 
year  at  flied  penoda,  and  prevent  the  dislocation  of  the  seasons.  The  insertion 
of  a  day  every  fonrth  year  in  the  Julian  Calendar,  nhicb  bu  no  reference  to  the 
moon,  is  also  an  intercalation,  the  object  being  to  compensate  for  the  ernn 
ariung  from  making  the  solar  year  conust  of  an  exact  number  (365)  of  dm, 
instead  of  365|,  and  we  shall  see  how  it  became  afterwards  neoenaiy  to  moiufy 
this  intercalation  in  Older  to  compensate  for  the  error  arising  from  luppoeing 
the  tolar  year  to  be  exactly  86C.S6  days  in  leng^,  instead  or36S.342264,  &o., 
u  it  really  is. 

Octatttrit  of  the  A  Iheniant. — If  we  reckon  the  lunar  month  at  29}  days,  ud 
the  aolar  year  at  S65^  days,  and  the  earliest  astronomeni  did  not  arrive  at 
greater  accDracy,  then  twdve  lunar  months,  or  S54  days,  will  Ctll  short  ofa 
■olar  year  by  1 1  j  days,  whidi  in  eight  lunar  years  will  amoanl  to  90  days.  If, 
thareibie,  in  the  space  of  eight  limsr  years  we  add  three  Innar  months,  or,  in 
other  w<H:ds,  make  three  lunar  years  out  of  every  eight  consist  of  tbirteoi  lunar 
months  instead  of  twelve,  then  at  tiie  en  J  of  eight  years  there  will  be  a  differenoe 
of  ctily  one  day  and  a-half  between  the  solar  and  lunar  yeare.  This  mireetion 
was  at  one  time  employed  by  the  Athenians;  the  inEercalaij  months  were  added 
at  the  end  of  the  third,  fifth,  and  eighth  yean,  and  the  period,  or  to  nse  the 
teohnical  phrase,  the  Cycie  of  eight  years  was  termed  (isTitiTii;l(. 

Cyelt  o/Meion. — With  the  progress  of  sdenoe  a  more  eonvenieot  correctioa 
was  introdDoed.     Aocoiding  to  the  most  aconrate  olcnlatlons, 

19  Solar  years  oonbun 69S9.603016  days. 

„,"  tr  ;r^-i=5;;::;;:::}  ■"^  «'•"■«  "^ 

■0  that  if  seven  Innar  mMths  are  intercalated  during  nineteen  Innar  years,  or  if, 
in  other  words,  seven  oat  of  eveiy  nmeteen  lunar  vears  are  made  to  conaist  o( 
thirteen  lunar  months  instead  of  twelve,  then  the  difference  between  the  solai 
and  lunar  years  at  the  end  of  that  period  will  amomit  to  only  .084164  ofa  d^, 
and  the  error  will  be  less  than  one  day  in  two  bnndred  years.  This  irrwlf 
jMtra^f,  or  eycle  of  nineteen  years,  is  nsualty  named,  from  its  inveatM',  the 
Cycle  of  Melon,  and  came  into  n«e  at  Athens  on  the  16tb  of  July,  B.C.  4S£. 
It  was  ^ierwards  corrected  by  Calippns  of  Cyiicus,  who  inveoled  a  cycle  lA 
•Bvauty-dx  yean,  which  in  its  torn  was  corrected  by  Hipparchns,  who  invented 
a  ovde  (^Utree  hnndred  and  fimr  rears. 

It  ieema  to  be  oertain  that  the  Komans  for  a  eonsiderabla  pariod  made  um  of 
a  pare  hmar  year,  the  inttodootioD  of  which,  as  wa  have  laen  above,  waioRaOf 


JWiii^<M  «^i—(  PkMJm  K 


".OOglf 


TBE  Boiun  cAutnuL  421 

Mcribed  to  Ntuna,  and  it  can  Karcelj'  be  donbted  that  btcralatktu  were 
emplojed  ntembling  some  of  tboae  dooribMl  abore,  in  order  to  bring  about  ■ 
eorrnpondcDM  nith  the  lolar  or  natnnJ  jeu.  On  thi*  iolgeet,  however,  the 
ancient  writna  are  eilcnt,  with  the  eioeption  of  livj,  (L  19.)  but  oDfortnnately 
hi<  language  is  eitremel)'  abecare,  and  the  text  of  the  pauage  diipnted. 

The  int^caUtioni  which  we  do  find  deeeribed  bj  Hacrobins,  Cetuoriniu,  and 
Plutarch,  and  which  were  oertaiol;  in  Die  at  the  time  of  the  Julian  rdbnn, 
bd(»ig  to  a  ajitem  eesentiall;  differmt.  The  Khenie  which  the^  deeeiibe  ia  the 
foUowing.  The  jear  of  Kuma  connEted  of  355  daja.  The  Romans  having 
become  acquainted  with  the  Gredan  Octaeterie,  according  to  which  90  daji 
were  to  be  intercalated  in  a  cyole  of  eight  jean,  applied  it  tbua.  Tbvf  inter- 
calated at  the  end  of  evei;  two  yean  a  month,  whieh  oonaiEted  alteniatelj  of 
twenty-two  and  twentj-three  daji,  thus  making  np  the  ram  of  SO  daje  at  the 
end  of  eight  jean. '  It  was  «oon  ditcovered,  bowever,  that  the  jear  of  the 
Greelu  contained  3&4  dajs  onlj,  while  their  own  bad  355,  and  hence  it  followed 
that  in  the  cycle  of  eight  ;ean  there  wa»  an  exoeet  of  ei^ht  daya.  To  remedy 
this,  a  new  cyck  was  inTcnted  of  tweutj-foar  ytaia,  and  in  the  laat  eight  yesri 
of  tliia  tweuty-fonr  days  were  omitLed,  liity  only  being  intercalated  betead  of 
90,  thus  compensating  for  the  exceu  which  would  liave  taken  place  in  the  whole 
period  had  the  full  number  been  employed. 

At  what  time  thia  (or  any  other)  ayMem  of  intercalation  was  brought  into 
OK,  we  cannot  teU.  The  Soman  antiqnariea  themselvea  were  at  Tariance.  Some 
referred  the  introduction  of  intercalationa  to  Booiulua,  Bome  to  Numa,  soma  to 
SerriuB,  eouiB  to  the  Decemvira,  while  aome  brought  it  down  ai  low  a«  the  oon- 
aubliip  of  Hantua  Aciliua  Glabrio  in  the  Atolian  war,  B.C.  191.  *  Whaterer 
opinion  we  may  adopt  ou  thii  matter,  it  Is  impoitant  to  attend  to  the  fbllowlDg 


So  bag  M  we  make  ii*e  of  a  year,  the  month*  of  which  an  regulated  by  tbo 
phases  of  the  moon,  it  is  evident  that  all  intercalations  employed  to  produce  a 
coirespoodence  with  the  solar  year,  must  be  in  the  Ibrm  of  entire  Inoai'  moatha. 
At  soon  as  a  period  ie  inierted  cither  longer  or  shorter  than  one  lunar  month,  or 
an  exact  number  of  entire  lunar  months,  from  that  tune  forward  all  tegular  con- 
nection between  the  phases  of  the  moou  and  the  commencement  of  the  montha 
and  yeara  is  destroyed.  Ueace  as  aoon  as  the  Bomana  began  to  employ  the 
intercalary  months  d*  twenty-two  and  twenty-three  days,  from  that  moment  they 
virtually  abandoned  the  lunar  year,  and  adi^ted  a  solar  cycle,  the  same  in  sub- 
stance as  [hat  afterwards  perfected  by  Julius  Ca»ar,  but  less  accorate  and  leaa 
convenient.  The  old  oamei  of  Calends,  Nones,  and  Ides  were  retained,  bnt 
these  wonld  no  longer  answer  to  the  first  appearance  of  the  New  Moon,  to  the 
Fint  Quarter,  and  to  Full  HoMi,  more  than  the  first,  Mb,  and  thirteenth  of  any 
month  at  the  present  time.  Ideler  believee  tbe  chan^  from  the  pure  lunar  year 
to  have  taken  place  during  the  sway  of  the  Deoemvira,  an  opinion  of  which  we 
find  some  trace  in  Hacrobius.  *  Hence  he  supposes  diat  the  Roman  Calendar 
assumed  three  difl'trent  shapea  before  the  Julian  refbrm.     These  be  distingniahea 

I.   The  Year  o/Romuba  of  10  months  and  SM  days. 

1  Ha  CruHriinii  K,  and  Uicnb.  B.  L  11.  PlnUnli,  on  Itaa  otlxr  huid,  •«■  that  Kwna 
id  Innar  Tcv.  ukI  tliiii  nudi  ■  mcntta  of  91  dsji, 
■.  hot  lukH  DB  ullulan  to  tbe  nuDtli  af  33  iift. 


422  IBE  KOMAX  CALEVDAB. 

n.   1A<  Tear  o/iVuma,  a  pure  lunar  of  12  iutirmontluuid  955  diTiiWitk 


III.  7^  year  o/lfte  Decamin,  nomiiudljr  a  Inokr  Tear  like  the  fbnnv,  bot 
wfakb,  6x»i  the  intercaUtioiu  emploj^  ceued  to  oomepond  with  the  phMM  of 
the  moon. 

We  baTe  not  j«t  mcntioiied  the  d'utribution  of  the  dayi  among;  the  tmlva 
mouthB  of  the  jearofSSS  daje.    It  wae  as  follows: ' — 

jBnnliiDl,...29  I  Aprilis, 29  I  Qnintili*,  ....SI  I  Ooiober, 81 

Febrnarini, -28    Uuiu 31     SeidliB, 29     Norember,  ..29 

Haitins, 31  |  Jnniiu, 29  [  8eptaiibe(,...29  J  DeoembeT,...29 

Thii  airmgement,  which  remuncd  in  force  until  the  Jnliu  refonn,  a  nsnallj 
lefened  to  the  time  of  Noma;  bat  uthennmberof  dayiin  the  diCTerent  montlM 
I*  inooDEtateDl  with  &  Imur  calendar,  it  can  scaroelf  have  been  introdnced  nnSl 
the  intercalvjr  month*  of  twentj-two  and  twenty-three  dAjt  were  employed. 
The  poeition  of  the  Calends,  Nonei,  and  Ides  was  the  same  aa  in  the  year  of 
C«mr,  the  Calends  always  marked  the  1st  of  everj  month,  tbe  Nona  and 
Ides  the  5th  and  13th,  except  in  March,  Hay,  Jnly,  and  October,  when  they 
M  npoD  the  7th  and  15lh.  All  dates  of  works  written  before  B.C  45,  must  of 
coarse  be  caloolated  by  the  abore  table.  Thus  when  (Seen),  in  a  letter  written 
B.C,  51,  says  that  he  arrived  at  the  camp  in  Lycan^  VII.  KaL  iStpf.  we 
imist  not  translate  this  "the  26th  of  An^t,"  as  we  should  do  had  itbflOi 
written  after  the  beginning;  of  B.C.  45,  bat  "the  24th  of  Aogost,"  becaose 
Senilis  at  that  time  hsd  29  days  only. 

Plutarch  Dames  the  intercalary  month  twice ;  in  the  liA  of  Noma  he  calls  it 
JiifKilini ;  in  the  life  of  Csaai,  liifKtiinte.  It  ii  remaAsble  that  this  term 
b  not  to  be  found  in  any  BoDiau  writer ;  the  eipreeaious  maau  interealaru  aad 
tneiuU  inlercalariiiM  being  alone  employed  by  them. 

The  inUrcalatkHia  took  place  m  the  month  of  Febroaiy,  between  the  Termi- 
niUia  and  the  Begifugium ;  that  is,  between  the  23d  and  the  24th,  at  least  sndi 
was  the  rule,  altbooeh  it  may  have  been  violaied  st  times.  The  remaining  five 
days  belongiDg  to  February  were  added  after  the  intercalary  month,  probab^ 
fiom  some  soperstition ;  but  all  the  calculations  of  time  in  intercalaiy  years  wen 
foonded  apoo  the  suppoutlon  that  in  snch  yean  Febnurj  cont^ed  23  dan 
only.  Thus  in  ordinary  yean,  the  day  ader  the  Ides  of  February  was  AM. 
XVI.  Kal.  Mart,  bat  in  the  intercalary  yeati,  A.D.  XI.  Cakndtu  IrOer- 
ealaret.  The  TerminaHa  in  ordinary  years  fell  A.D.  VII.  Kal.  Mart.,  ia 
intercalate  yean,  Pridie  CaUndas  Intercakaru. 

The  intercalary  month  bad  its  own  Calends,  Nones,  and  Ides,  with  the  addition 
of  the  epitbet  inlerealaTOi,  the  day  after  the  Ides  would  be  A.D.  XV.  or  A.O, 
XVI.  Kal.  Mart,  aooordlng  as  the  month  contained  22  or  23  days,  the  fin 
remaining  days  of  Febmarr  bMng  «)ded,  and  in  either  case  the  Regi/agivm 
woold  always  stand  as  A.D.  VI.  KaL  Mart.  > 

■n«(BlBrillH  !■  Ike  Rsuntii  Vtmr  ymi«M»  M  ike  Jullaua  irlawwm.' 
We  have  seen  that  the  whole  management  of  the  C^endar  wss  originally  in  the 
hands  of  the  PonUfo^,  and  even  after  On.  Eavios  had  divulged  the  secrets  o( 
the  Fasti,  they  retained  the  privilegeof  adjusting  the  inlercalation.*  Thu  tmst 
tfaej  shamcAillj  betr^ed,  and  to  gratify  their  private  aninwdtiee,  or  diim 


*  foDllBeuiD  AtMtrli 


PuLCaplI.    LIT.  XXXVII.  S9.    CLc.  pro  <talB«l 


.  Cooglf 


matnuKcuinMLa.  423 

foTonr  to  thdr  friaidB,  in  order  tbit  ft  nutgiitrate  nd^  i^nun  is  offioe  for  n 
period  «b<Hier  or  longer  tliui  the  law  permitted,  that  a  bnner  of  the  taiee 
might  b«  defiMided  of  his  just  right,  or  obtain  an  nnfiuT  advantage,  tbej-  odt' 
tWM  or  drew  ont  the  year  at  pleanire,  on^  the  nbde  Calendai  waa  inrolved 
in  adtgreeof  nncertaintyand  confotion,  to  irhioh  we  can  find  no  paialld  in  the 
hitloij  of  actTiliied  pet^. '  The  ignorance  which  prevailed  with  regard  to  the 
yean  in  wliidi  the  interealatioiu  ought  to  take  ^laoe,  and  the  mjMxj  obeerred 
by  the  pieeta,  is  well  illnatrated  b^  the  expreanoaa  of  Cioero.  Thni  in  Ep.  ad 
Att  T.  21,  wa  Eod — Cam  tcia  Somae  btltrcaiatuta  lit,  nectie,  vthm  ait  «w 
tonbat;  agfuninEp.  ad  Fam,  VU.2—QuBtidievota/acimu$  m  mUreaiet»r, 
ut  qaamprimiim  te  vidtre  postimui ;  and  in  Ep.  ad  Att  TI.  1.  we  find — Accept 
tuat  UUrtu.  A.D.  qiiintvm  Ttrndnalia ;  that  ia,  on  the  19th  of  Febn]ar7,  tUa 
dngolar  method  of  lixiDgthe  date  bung  employed  to  prevent  ambignin,  linoe 
the  day  would  be  AM.  XI.  KaL  Mart,  in  a  common  jear,  and  A.D.  VI.  K<d. 
hOercaL  in  an  interoalaiy  jear,  and  Cicero  knew  not  when  he  wrote,  whtiber 
an  interoalatioii  had  or  had  not  taken  place. 

~  ■■■■  c*iifl»iaHia. — Acoordinglv,  when  CKaar  became  IKctator,  the  t 


Airnaa  c*iifl»iaHla. — Accordingly,  when  CKaar  became  Dictator,  the  rear 
waa  about  two  raonthg  in  advance  of  the  aeaaona ;  the  epring  feetivaU  hap' 
pened  m  what  ware  nominally  the  sammer  nxMitha,  and  those  of  anmmer  in 
antmnn. 

To  take  a  single  example — Cioero,  in  one  of  hie  Eplatlei  to  Atticnu,  (X.  17.) 
sayi  that  at  the  time  when  he  waa  writing  hia  jonmej  was  delayed  by  the 
equinox.     Tha  date  affixed  to  thia  letter  ia  XVII.  Kal.  Jan.  i.e.  16th  Hay. 

In  order  to  remedy  theae  defeeta,  it  waa  foond  neceaaaiy  to  add  67  days  tc 
the  year  B.C.  46 ;  theae  days  were  divided  into  two  intercalary  montha,  and 
insened  between  November  and  December.  In  this  year  the  ordinaiy  intens' 
btions  of  23  days  took  pUoe  in  Febmaiy,  bo  that  it  oonUuned,  in  all — 

Ordinary  length  of  year, 365  daya. 

Intercalary  month, S8    — 

Two  additional  intvodaiy  months, 67    — 

Total, Ub  daya. 

Snoh  waa  the  year  B.C.  46,  which  among  modern  cbrooologen  has  received  the 
name  of  ^nniu  ConfiiMotiu,  although,  as  Ideler  obiervea,  Hacrobina  haa  mora 
correctly  termed  it  Annia  Confiisioms  ultimta. 

Cenaorinos  sayi  that  90  days  were  added  to  that  year,  Dion  Caasini  67 ;  bnt 
then  ia  no  contradiction  here,  for  tha  former  includes  the  ordinary  intercaladon 
of  23  days  in  Febmaiy,  whidi  ia  not  taken  into  account  by  the  latter.  *  The 
two  additional  months  aeem  to  have  been  called  Mmiii  inta-ealarvi  prior,  and 
Menait  inCerealaru  poilerior,  for  we  find  in  Cio.  Ep.  ad  Fam.  VI.  14 — Ego 
idem  lamen  cum  A.D.  V.  Eai^indas  Idtescaijibes  pniORB8,rc^(u,/ralnan 
(uorum  venitum  mane  ad  Caetarem,  &o. 

CIrcfrartBB  Caleadar. — The  JuHao  Calendar  was  Ibnnded  upon  the  anppo- 
aition,  that  the  length  of  the  solar  or  tropical  year  was  exactly  865  days,  6  honia, 
or  366.25  days.     Tbenforo 


424  THE  BO 

The  length  of  tlM  Julian  Inr  braig S6fid.     6h, 

Bat  the  true  hngthoflhe  Solar  Tear  being  ...866d.    Sh.  4ta.  6I)<. 

It  fbltowi  that  the  Jnliao  Tear  i«  too  long  bj  11m.    Bi*. 

Thit  exoMt  in     10  jean  will  amoant  to lb.  ftlm.  SSa. 

—  in   100              —                 18b.  Mm.  lOfc 

—  inlOOO             —               7A  I7b.  41m.  40s. 

To  correct  thii  aocnmnlating  error,  Pope  Gregory  XIII.  publidied  a  Bnll  in 
1582,  bj  irhicb  it  was  orddn^  tliat  common  yean  ahanld  cniuiit  of  365  daya, 
and  that  &  da;  thould  be  added  every  fourth  year  aa  fbnceriy,  with  Ibis  differ- 
enoe,  Uiil  the  intercalation  was  to  be  omitted  in  the  laat  year  of  those  centariea 
not  diviaibla  bj  4 ;  and  ibus  that  97  days  inilead  of  100  sboold  be  inserted  in 
400  yean. '  Hie  Gregorian  Calendar  was  almost  immediately  adopted  in  all 
Soman  CathoUe  cottntries,  and  to  compensate  for  tbe  error  already  incurred,  10 
days  were  dropped.  The  change  wai  not  admitted  into  England  nntil  1752, 
when  11  days  were  dropped  between  the  2d  and  14th  September,  from  which 
arose  the  distinc^on  between  Old  snd  Nev>  Style.  Russia  and  other  countiiea 
which  follow  the  Greek  church,  still  retain  the  original  Julian  Calendar,  and 
bence  their  dates  ore  now  12  days  tiehind  those  of  tbe  rest  of  Europe. 

According  to  tlic  Gregorian  scheme  by  which  three  leap  jean  are  omitted  in 
*00  years- 
Length  of  the  Gregoriao  Year  bdng 86fid.  lb.  49m.  ISs. 

True  length  of  the  Solar  Tear  bnng 366d.  fit.  48m~  alj*. 

Therefore  tbe  Gregorian  Tear  is  too  long  by 20}!. 

An  eiccsB  whidi  will  not  amount  to  1  day  in  4500  yean. 
If  the  LosertEon  of  a  day  be  omitted  each  4000th  year — 

Length  of  year  according  to  cycle  of  4000  yean,  365d.  6h.  48id.  50}!. 
which  is  too  short  by  1  second — a  deficiency  which  will  not  amount  to  a  iaj 
in  70,000  yean. 

■.nMTSH.  ttecHlBM. — We  may  now  say  a  few  words  with  r^ard  to  tha 
kmger  divlMone  of  IJoie,  the  Xusfrum  and  the  Seculum. 

The  word  Lmlram,  (see  p.  304,)  derived  from  Luo,  signified  properly  the 
expiatory  eacrilice  oAred  up  for  ^e  sins  of  the  whole  people  by  the  Censon  at 
the  end  of  every  five  years,  the  period  during  which  these  magistrates  originally 
bdd  office.  Hence  L'lstmm  was  used  to  denote  a  tpace  of  fist  yeari,  and  the 
Censon  in  performing  the  sacritice,  were  said  Condere  luttrum,  to  bring  the 
Ltatrum  to  a  close.  Tarro,  in  explaining  the  term,  derives  it  from  Lture,  in 
the  sense  of  to  pay — Lcsriiuii  nominaluni  ttmpas  quinqaamale  a  luendo,  id 
at  salvendo,  qaod  quinto  quoque  anno  vtetigalia  tt  uUrotrSiuta  per  cetuora 
pertolvebanlur.  (L.L,  VI.  g  2.) 

It  is  to  be  obeNred  here  that  ^tnfo  quoque  anno,  according  to  iba  Roman 
method  of  computation,  might  mean  every  faarlh  year,  and  fuin^ennole 
tempiu,  a  termof/oiir^cari,  just  aa  Cicero  (DeOrat.  111.  32.)  calls  the  Olympic 
games — Maxima  ilia  ^I'n^uennaiti  cekbrUat  ludorum ; '  but  sinoe  we  know 

I  TbH  Dg  iDtowlUloB  ttim  plMn  In  ttat  jwn  IM&  lleO,  SMO.  000.  KiOe,  bMHM  tb* 
DBBlian  ]».  II.  ^  U,  IB,  va  DM  dlTlilbla  b7  4,  but  >n  of  Uhh,  >«iardln(  la  tlH  oM  (JitM^ 
>  ThU  ll  nlduill;  Id  nftBMiiH  (o  III*  Qntk  (xpRMiOD  nTiut^ii. 


THB  TUaiiX  CALEltDAX.  43S 

ftim  otkw  •OBTOH  tbit  the  Cenwn  originally  held  offioe  tat  £va  jtm,  tni  that 
the  loxM  wcra  ftrmed  out  npon  five  jeara'  leases,  the  inteipretatioii  of  the  abora 
pHMgC  b  not  open  to  doubt  We  msj  add,  that  wbererer  the  vord  Luttrvm 
ocean  in  the  older  inil«rg,  it  u  sliraje  ia  connection  with  the  datie*  of  ths 
Cenion. 

When  ire  oome  down  to  the  age  of  Ovid,  a  confoeion  teemi  to  have  aiiten, 
and  the  Dieamng  of  Lvttntm  «a«  no  lonjrer  definite;  in  Ac:ar.  III.  vi.  27. — 
Nendum  Trwi  fait  luUria  obiaia  duab-a — it  nnqueationablj  itands  for  five 

Jean;  and  also  in  Ful.  III.  119,  where  the  10  month  jear  of  Bomnlni  is 
eacribed — Ergo  aitimi  indocila  et  adhue  ralione  carentes  ^  Mnuobui  tgemnt 
liutra  minora  decern,  i.e.  the  Liutra  were  too  ehort  bj  10  months.  But  witli 
sinetdar  incoDuitencj,  a  few  iinn  farther  on,  (165,)  where  he  is  eipluning  the 
Julian  Tear,  and  the  intercalation  of  the  ZHa  Batextaa — Hie  annt  modus  at; 
in  luitrunt  aaxdere  debet  ■—  Quae  consammatur  partibtu  ana  dies — Ltutrum 
mnst  oertainlj  denote/bur  yean. 

Agun,  in  Triat.  IV.  x.  96.  compared  with  the  E  ex  F.  IT.  vi.  6.  we  aee  the 
Boman  Lialntm  identified  with  the  Gredan  Olympiad,  each  bong  snppoaed 
equal  to  five  yeara.  Aa  we  come  down  lower,  Piinj  twice  in  one  chapter  (H,N. 
II.  47.)  calla  the  four-year  cjcle  of  the  Julian  jear  a  Liutrum ;  we  find  in 
ioBCrif^ona  the  interv^  between  the  successive  eihibitions  of  the  Capitollna 
nunea  instituted  by  Domitian,  and  celebrated  every  four  years,  designated  aa 
Luilra ; '  and  in  the  third  century,  the  original  force  of  the  term  aeenu  to  have 
been  qniCe  forgotten,  for  Cenwrinua,  in  defining  the  Lastnim  or  Arnita  Magnug, 
■eems  to  be  ignorant  that  it  ever  did  difier  from  the  Olympiad,  or  denote  any 
period  but  four^eaia. 

This  nncertainty  may  probably  be  traced  to  the  iiregnlariCy  with  which  the 
aacrifioe  of  the  Lutlrmn  wai  peribrmed.  It  was  omitted  sometimes  from  snper- 
Btilions  molivea,  aa  when  we  read  in  Livy  III.  22. — CentuM  aclvt  to  nnne. 
(B.C.  460,)  Lustrvm  propter  Capiloltum  captum,  conmlan  oedimn,  condi 
reUgioeam  fUit—Kad  often  from  other  canacs,  for  npon  looking  over  the  Fasti 
Capitolini,  in  which  the  Ccnsoia  are  registered,  and  the  letters  L.  F.  attached  to 
the  names  of  thoae  who  completed  thia  rite,  we  shall  find  that  although  the  usual 
interval  ie  five  years,  yet  not  nnfteqaently  six  and  seven  were  allon^  to  elapse, 
while  oocaaionally  it  was  rq)eated  after  four  only.  These  facts  leem  to  account 
tat  the  ineonaisteninea  of  the  later  Roman  writers,  without  going  so  far  As  Ideler, 
who  maintaini  that  Ltulmm  never  was  nsed  for  a  fixed  space  of  time. 

The  duration  of  the  Seeulum  was  a  theme  of  controversy  among  the  Romans 
themselves  in  the  days  of  Angustus.  The  historians  and  antiquaries  seem  all  to 
have  agreed  that  the  Secuhm  was  a  period  of  100  years,  while  the  Quindecem' 
viri,  the  prieata  to  whom  iaa  iotnuteJ  the  custody  of  the  Sibylline  books, 
lepoaing,  it  wotild  seem,  npon  the  testimony  of  their  sacred  registers,  asserted 
that  110  years  was  the  mterval  at  which  the  solemn  Ludi  SKulares,  which 
marked  the  dose  of  each  Secidum,  h.'id  ever  been  and  ought  to  be  celebrated. 
The  Locus  claiacua  on  this  subject  is  in  Ceneorinus  ( 17.) ' 

Censorinus  has  preserved  also  tlie  conflicting  statements  with  regard  to  the 
aetual  celebration  of  these  games  from  the  time  of  Iheir  institution,  and  his  dates 
are  aU  fixed  by  the  consuls  in  office  at  the  time.     They  are  as  follows : — 


•rai.  CCCZZXILS.    < 


Id*.  9.  Mk    Tb*  eoimpHidiiia 


B  BOMAIt  CALEHDAB. 


The  fint  Secular  giuiMB  were 


•■} 


yaleriui  Antiu, A.U.G.  Ub 

le    Commc 

XV-viri,  .. 
intiu, 


The  Eflh  b^ 


XT-Tiri,  628 

A.U.C.  737  or  B.C.  17 

Tbe«iitb  bjClandine, A.D.C.  SOOor  A.D.  47 

TheBerenth  bj  Doaiiliui, A.U.C.  8'It  or  A.D.  88 

Tbeeigbtb  bj  Septimius  Severua, A.D.C.  957  or  A.D.  2<M 

To  aciempt  to  diwover  the  onuses  wbicfa  led  to  tbu  itnnge  dUagreement  iroiild 
be  absolute  wasie  of  time.  We  c«ii  ■carccl}'  heutue  to  believe  that  the  oompn- 
tatioDS  of  tbe  XV-viii  were  trimmed  to  Mrve  an  end ;  bot  it  is  remarkable  that 
the  period  chosen  bj  Aufpstus  does  not  absoIntelT  agree  with  tlieir  view*,  eince 
the  5tb  games  ought  to  ha*e  been  held  A.U.C.  738,  and  Dot  7S7,  aa  thef  ntUy 


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


BEFERENQES  TO   CHAPTER  XI. 


The   Roman   CalendaP.— Mommien,   Die    rAn.   ChroMlogU    hU  auf 

CdxtT  (2  ed.],  Berlin,  1859.  Hoiuhlte,  Dom  aitt  rfrm.  Jo^r,  Breal&n,  IS69. 
Hartmaim,  Dtr  rOm.  SaUnder,  Leipzig,  IS82.  Mateat,  Die  rOm,  Chrono- 
logU,  Berlin,  1883.  Holmpfel,  RBm.  Chronologie,  Leipzig,  1885.  Unger, 
ZeUnchmaig  der  Oritdien  vnd  BOmer  ia  Uil11«r'a  Haiidbuoli,  I^ordlingen, 


a  Corpu*  Inacrqillalinarum,  I.  (2  ed.)  p.  283,  sqq. 


^oiizodbyGoogle 


! 

CHAPTER  XII. 

THE  HIUTABY  AND  NATAL  AFFAIBS  OF  THE  SOlUm. 

L  HiuTABT  AFFAma. 

In  til  diMoukiiM  with  regard  to  the  Military  affain  of  the  Bomana,  the  extent 
of  the  lubject  should  never  be  forgotten.  For  nine  hundred  jean  they  panntd 
■n  almoBt  unintemipted  career  of  conqneat,  and  thirteen  oentariea  more  paved 
ftway  before  the  empire  thus  formed  was  completetj  dismembered.  If  we  oonfhM 
onreelvea  to  the  fonner  period  alone,  and  bear  in  mind  that  the  trhole  ener^pei 
of  ■  l&rge  portion  of  the  nation  were  devoted  to  tlie  cultivation  of  war  both  aa  « 
adenoe  and  an  art,  it  becomes  evident  that  the  chaogea  and  nodiflcaUona  in 
general  piinciplea  and  in  practical  details  introduced  duriogthat  lengthened  apace, 
miut  lave  been  ajmost  conntless,  and  that  we  eiiall  be  guilty  of  a  grievons  emu' 
if  we  anppose  that  statements  which  are  true  with  regard  to  any  one  epoch  will 
bold  good  for  all.  We  must  therefore  endeavour,  as  liu'  as  onr  mMmala  will 
permit,  lo  exhibit  a  view  of  a  Roman  Army  at  epochs  for  removed  fhim  each 
other,  and  tlius,  if  possible,  to  form  some  idea  of  what  took  place  during  the 
intenals.  With  regard  to  one  epoch  only  is  oor  information  Hill  and  satisfacloij. 
Polybiua,  himself  an  experienced  commander,  wlio,  m  the  friend  and  companion 
of  the  younger  Sdpio,  hod  the  beat  opportunities  of  studying  the  militar]'  s;steai 
of  Rome,  when  the  discipline  of  her  armies  was  most  perfect,  and  when  the 
physical  and  moral  character  of  lier  soldiers  stood  liighest,  has  transmitted  to  aa 
an  account  of  the  Roman  Army,  as  it  exiaicd  when  he  composed  his  history,  so 
complete  in  every  particular  that  our  curiosity  is  fully  satisfied.  With  reg&rd  to 
other  epoclis,  however,  we  depend  entirely  upon  scattered  notices  contained  in  tiie 
classical  writers;  bat  although  these  arc  very  numerooe,  and  are  disperted  ovo" 
the  works  of  auUiora  in  every  department  of  literature,  theybnt  too  olteD  convey 
little  instruction,  for  the  writers  and  those  for  whom  they  wrote  were  ao  familiar 
with  such  topics,  that  there  is  very  rarely  more  than  a  passing  allusion,  nnaccou- 
panied  b;  comment  or  illustration.  In  what  follows  we  shall,  in  aocordaoee 
witli  the  plan  hitherto  puisued,  restrict  ourselves  in  a  great  measure  to  the  period 
of  the  republic,  addmg  a  few  eiplanatioDs  of  the  more  important  alteiatiaaa 
inlroduoed  under  the  earlier  Emperors.' 

CsnailiBilaB  at  m  Rcmaii  Aiair. — A  legnlar  Boman  Army,  ooasiating  rf 


MOiAX  iMCi.  439 

Infimnj  (_Pediiatia)  and  wvtiTj,  {Eqitaliu,)  iru.  Id  the  earlier  ages,  compoied 
tf  Bonan  atizena  bzcIdhtbIt,  wbo  irere  enrolled  in  Brigades  tenc^  Legvma. 

kt  laiLmn  *nd  tbc  rest  ofltal;  were  gradaailj  snbjugBted,  the  diffenmt  itotei 
teceived  into  aliiaiKw  became  bonttd  b<r  the  terms  of  their  leipective  treaties  to 
fhmiih,  when  called  upon,  a  cosdagent  of  loMien,  ham  and  foot.  Thew  Tien 
mroUed  in  battalions  diatinct  fiom  those  compoaed  or  Roman  dtiaens,  were 
designated  Sodi  •nomenqut  Latinirm,  or  simplj  iSdci'i,  and  were  clothed, 
equipped,  and  paid  b;  the  oommBnidei  to  whieh  they  belonged. 

When  Borne  had  extended  her  dominion  bejond  Italy,  foreign  Kings  or  Chieb 
in  alliance  with  the  repnblie  fiequentlj  supplied  bodies  of  troopa,  who,  under 
the  nameof  Juztliaref  orAimlia,  served  along  with  the  Aomani  and  Soctt. 
Thos  ai  earlj  as  B.C.  216,  we  God  GaUi  EquUti  nndtr  Sdpio  at  the  battleof 
the  Tidnns,  and  soon  aftvwards  we  are  told  that  no  len  than  2200  (duo  millia 
ptdilum  tt  ducenti  mutlet)  of  the  AvsiSaret  GalU  deserted  to  Hannibal  (Ltv. 
XXI.  46.  la) 

f  oreignen  rwelTing  pay,  that  ia,  Uercenaiies  in  the  limited  sense  ot  tha  word, 
were  not  emploTed  nntU  B.C.  219,  when  the  Cellib^  in  Spain  offered  to  serro 
Dodw  the  Roman  Generals  for  the  same  hire  which  thej  had  received  from  the 
Carthaginiana,  and  their  proposal  was  oco^ted  (Liv.  XXIV.  49.)  For  a  con- 
nderabfe  period,  howerer,  the  mercenaries  in  a  Roman  Mtay  were  few  in 
nmnber,  and  oooMsled  chiefly  of  Corps  raised  in  particnlar  localities,  where  the 
natives  frera  celebrated  for  their  still  in  the  nse  of  some  particnlar  weapon.  Snch 
were  the  SKngers  (Funditorei)  from  the  Balearic  Isles,  the  Arohera  (Sagittara) 
of  &ete,  and  the  JaTelin-men  (laculatora)  of  Manrelania. 

After  the  Bodal  War,  (B.C.  88.)  when  aU  the  snbject  staUa  of  Italy  were 
admitted  to  the  fidl  Civilai,  the  distinction  between  Romani  and  Sodi  altt^lher 
diaappeared,  and  the  anriiee  from  that  time  forward  were  made  up  of  Romnni 
milUa  and  Auxilia,  the  latter  being  in  part  funushed  by  foreign  princes  who 
wen  allowed  to  retain  a  nominal  independence  under  the  title  of  allies,  but 
principally  mercenaries  recruited  among  the  moat  warlike  tribes  of  Ganl,  Ger- 
many, niyria,  Pannonia,  Thrace,  and  other  frontier  provinocs.  The  number  of 
tbeaa  went  on  omstantly  incnating,  and  m  the  first  century  of  the  empire  they 
already  finned  a  large  proportion  of  the  really  efficient  troops. 

The  »*»■■  SaMier. — It  was  B  fimdamcntal  principle  in  the  Soman  polity 
that  the  state  had  at  all  times  a  right  to  demand  military  service  from  its  mem' 
ben,  and  htuoe  eroy  male  ddxen  between  the  agei  of  seventeen  and  forty-aix 
waa  bonnd,  when  required,  to  enrol  himself  in  ue  ranks.  But  service  in  the 
Army  waa  regarded  not  merely  as  a  duty  and  an  obligation,  bnt  sa  a  privilege. 
For  many  agea,  the  only  aveone  to  favour  and  power  was  by  the  path  of  military 
diOiiMtioB ;  and  as  late  as  the  time  of  Polybins,  no  one  oonld  stand  candidate 
fiw  the  loweat  of  the  great  offioea  of  atale  until  be  liad  served  for  twen^  years 
in  the  In&ntry  or  tea  year*  in  the  Cavalry.  Moreover,  1^  the  eomtitntion  of 
Berrina  TnllioB,  nene  were  permitted  to  serve  as  regnlar  tKOfe,  except  Ittgemm 
•-■ — '-^to  the  five  olaasss;  Ztbn-tini,  ProUtarii,  and  Qmu  Cttm  being  alika 


betongiiigto 
«dnaad,  ei 


e  called  out,  and  even  yontha  under  seventeen  and  n 
were  enrolled.  On  (me  occasion  dnring  the  second  Punic  War,  wQen  Rome  waa 
reduced  to  the  last  eztremi^,  a  largis  corps  of  volunteer  alavee  was  raised, 
v>bo  aventnaDy  reooved  tbdr  freedom  as  a  reward  ibr  tbeir  f^diflil  and  effiinait 
ajd.1  One  m  the  most  muuentons  of  the  democrsdc  changes  inerodnQeJ  bj 
1  LIT.  Z.  tl.  ZXIL  II.  ST.  XXIIL  n.  XXIV.  II.  It.    AhL  <ML  XVI.  U. 


490  KOKAN  ABHT-— LETTIKO  SOIXIEBS. 

Huiua  wag  tbe  £ree  RdmiBsion  of  the  poorest  dtiiens  to  the  I^gfioDi, '  a  noMdi* 
whidi,  tspecJMj  after  the  eufnuicluBenient  of  the  nib)«ot  states  in  Ital;,  Eiad 
the  effeol  of  iutrodudng  a  new  daaa  of  penona,  who,  from  this  time  famrvda 
formed  the  groat  bulk  of  the  ordjxuuy  leviet.  Bat  even  beTore  Mb  period,  the 
aocial  poeition  of  the  Boman  Midiers  had  by  degrees  assunted  an  aspect  tocailj 
different  from  that  which  it  exhibited  for  five  ceatories  after  the  foondatiou 
of  the  dtj.  At  Gnt,  they  nere  mere  militia,  called  ont  to  repel  or  retaliate 
the  hoetile  incuisiooa  of  t:=ighbouring  tribes,  and  as  soon  as  the  brief  oampaigD 
was  over,  each  man  returned  to  bis  home  and  resumed  bis  peacefiil  oocapatioos. 
But  in  proportion  aa  the  power  of  the  commonwealth  inoreaaed,  the  wars  in 
whioh  it  waa  inrolved  became  more  complicated  and  tediona,  and  the  aama 
annj  waa  compelled  Co  keep  the  field  for  ;ean  in  mocesBion,  eapedal^  when 
the  scene  of  operations  was  removed  to  Greece  and  Ana.  Henoe  the  charaotara 
of  dtiuo  and  soldier,  which  were  long  inaeparably  connected,  gisditaUy  beoams 
distinct,  the  line  of  demarcation  became  more  and  more  broadly  maHced,  and 
after  the  time  of  Harint,  the  ranks  were  filled  with  men  who  were  poMcned 
of  no  property  whatever,  who  were  dependent  for  eabustence  npoa  their  pay, 
and  wbo  weie  ooneeqnently  acldieri  by  pro/taum.  It  waa  not,  however,  nntil 
tbe  imperial  govemmetit  was  established  that  the  principle  of  maintaining  at  aH 
timea  a  large  standing  army  was  fully  teoogniied ;  but  from  that  time  fonnud 
militaiy  men  formed  a  large  and  powofiil  order  in  the  state  altogether  diadnot 
from  oiviliana. 

LnvTiBB  SMdisH.— Tbe  Senate,  at  their  fint  meeting  after  new  Conanla 
entered  npon  office,  voted  the  nnmbw  rf  troopa  to  be  raised  for  the  onirent  year, 
and  the  Coosnla  then  made  proofaunation  (edixeruat)  of  the  day  on  wUch  tbiy 
propoMd  to  hold  a  levy,  {Ddectam  Aomts,)  giving  notioe  that  all  liable  fw 
•ervice  muat  attend.  "AtB  proceedings  usually  took  place  in  the  CapiloL  The 
Consols,  seated  on  their  Cnnile  Chain,  aasiBled  by  the  T^'Aani  MUitara,  caused 
the  tiibea  to  be  summoned  in  snocession,  the  order  being  determined  by  lot.  The 
liet  of  all  who  wne  of  the  legal  age  (Aelat  MiUtara)  waa  read  over,  those 
individnals  were  selected  who  a^p«rea  most  suitable,  and  their  namea  were 
entered  on  the  muster  roll  (hence  eerSien  a.  corucrBiere  mtZifet.)  Under 
oidinaiy  circanistanceB,  the  youth  oame  fbmaid  eagerly  to  volunteer  their 
servioea ;  (dare  nomtna ;)  hnt  if  any  one  absented  himself,  or,  being  preaent, 
refosed  to  aoawer  when  dt«d,  (miiitiam  detreetabal,)  he  might  he  pniushed 
summarily  with  the  ntmoat  seventy,  and  areu  sold  aa  a  slave,*  unlssa  a  Tribune 
of  the  Fld»  interG9«d  on  hia  behalf. 

After  the  number  WM  complete,  the  miUtaiy  oath  (Sacramentum)  waa  adminia- 
tered  to  all  the  reemita,  (Saenimenio  adigtre  a.  Bogar* — &iera»ienfiun  a. 
Saoramtnio  dieare,')  in  terms  of  whioh  they  swoie  to  obey  tbesr  leadsra,  and 
never  to  dssvt  thor  atandarda.  It  woold  appear  from  a  paaaage  m  Panhia 
Diaconoa  oompared  with  Polybios,  that  one  individnal  wm  ohosan  to  repeat  tha 
fixmal  w(«ds  (yaia  eancepta)  of  the  oath,  while  all  tbe  rest  took  npon  them- 
advee  thaaame  obligation  {iurabant  in  verba)  by  making  the  lei^anBe  Idh  nf 
KB. '  After  these  preliminaries  were  oonduded,  tbe  nei*  levin  wen  itinniiitil, 
Mtiee  having  beoi  given  to  them  to  meet  at  a  givm  plaee  en  a  given  iaf, 

Lo;    aanvt.  Jb|.  BO. 
I.  VIL  «.    Cfa  pro  ChsIb.  U. 
"'  —  "  -a  VIL  11.  ZSILM.    a»aaO«.Lll.    OmRCLM    k^. 


xw.  43t 

When  auj  paaui  iriiM,  (l\tmtdha,')  ancb  u  in  uiedent  timea  wu  etaaeA  bj 
the  repoR  of  an  inroad  of  the  Osuli,  (GaUictu  Tumultua — Tumultia  GaUici 
fama  atrox,  &e.)  the  fbrmalitiei  described  above  were  ditpewed  with,  and  all 
who  conid  bear  anna,  joniig  and  old,  rich  and  poor  alike,  were  called  npon  to 
riM  in  a  mass  fbr  the  proiecliou  of  their  conntr;,  each  aoldien  beiog  termed 
ISaimltiutrii  or  SuMUirii.  When,  under  limilar  circometaucM,  there  was  lime 
to  hold  a  ievj,  it  was  aondooted  with  the  ntmoet  rigoor,  (deleeim  onmi*  gmtrU 
j&ominuni,)  all  the  ordinary  pleu  of  exemption,  (oacationa,')  mch  ai  length  of 
aerrioe  or  epedal  indulgenoe,  (btnefieium,)  being  anspended,  and  benca  the 
phraeea — Scnbtre  extrdtai  tine  uua  vaeationu  vrma — Delectut  tine  vaeO' 
tioBilnu.  ' 

When  a  levy  was  about  to  be  held  at  Home,  formal  intimation  was  nude  to 
the  allied  elates  of  the  nnmberoftroopa  which  the;  woaldbe  nquired  to  famish 
— Item  ad  Socioa  Latinitmque  rtomtn  ad  milhet  tx  formala  accipiendot 
irdomit;  (Liv.  IXll.  57;)  and  the  same  conne  was  probably  adopted  with 
regard  to  the  distant  Colomae  Oivttnn  Romanontm. 

It  is  maoifest  that  alUr  the  teiminalion  of  the  Social  War,  whm  all  the 
inhabitants  of  Italy  were  admitted  to  the  rights  of  Roman  dtizens,  the  syitent 
dcaoribed  above  oonld  not  have  been  panned,  at  least  exclnsiTely.  When, 
therefore,  Tolnnteers  did  not  come  forwaid  in  enfRdent  tminbcrs,  peisoos  termed 
Gmquuiiora  were  deepatched  to  different  districts,  who  superintended  all  the 
details  of  the  Conscription,  which  in  this  case  was  properly  called  Conquaitio, 
as  oppoaed  to  the  andent  Deleetus  held  in  the  dty ;  but  erentnally  Conquaitio 
and  Deiteitu  were  nied  indiffeTently.  Hence  in  Ueero  and  Caeear  we  meet  with 
the  phrases — Exercitas  iSe  noattr,  luperbuaimo  Dtketu  tt  duritiima  Con- 
fuiMiotit  eotteelut  (Cio.  Pror.  Cone.  2.) — In  omneM  partes  legaloa  Con^iisi- 
wraque  DtUctia  habendi  eaata  vuttratit;  (Hirt.  de  bell.  Alex.  2.)  and  onder 
the  empire,  we  fiod  Tiberius  assigning  as  one  of  the  reasoni  which  rendered  it 
neceesaiy  for  him  to  make  a  progress  throogh  the  province* — DeUdSmt  txip- 
plendos  exereitia :  nam  voJunf arTuin  miiilem  deetse,  ac  n  mppeditet,  mm  eadem 
nrlttte  ae  modutia  agere,  quia  pierwaque  inopes  ac  vagi  tponU  mUitiain 
tamaia  (Tadt.  Ann.  IV.  4.)  A  similar  plan  was  adopted  occadonally  at  an 
earlier  period  vrbea  great  difficnltj  was  experienced  in  piricariiig  men,  as  in 
B.C.  312,  when  we  find  two  commissions  condstuig  each  of  three  individuals 
appointed — alterot,  qtd  cttra,  aUeras  qui  idtra  quinqnagetijmim  lapidem  in 
pa^  foraque  el  concliiabuiit  omnem  copiam  ingenuorum  itupicerent:  el,  li 
gia  rooorw  talis  ad/rrenda  ama  habere  vida'tntttr,  etiamti  rumdam  milifari 
oetote  eueat,  mitita/acereiU  {Ui.  XXII.  6.) 

Mimglm- — A  Boman  Army,  from  the  foundation  of  the  d^,  nntil  the  downfal 
of  the  Western  Empire,  always  contained  one  or  more  Brigades,  called  Leoioku, 
a  term  whidi  comprehended  Inikntrr,  Cavalry,  and,  after  the  nse  of  military 
eunne*  became  common.  Artillery  (Machinae — Tormeata)  also.  The  Legia, 
under  the  lepublic,  was  composed  of  Koman  dtizena  eidnnrely ;  and,  theiefbre,  ta 
the  earlier  ages,  an  army  consisted  entirely  of  one  or  more  Legiotiei,  but  after 
the  sntjugation  of  Latium  and  other  states,  the  words,  Legionet  and  LegitmarH 
Mxlitet,  indicated  tboee  who  were  Eoman  dtiieus,  in  eonbadistinction  to  the 
Soca  and  AtixUia.  The  nnmber  of  Ltgimta  raised  annnally,  nsoeaaarily  variei 
aooording  to  the  demands  of  the  pablio  service.  Originally,  finir  was  tbe  crii- 
aatf  Dumber,  two  fin  each  eoiwul,  and  down  to  the  dose  of  the  lepabUe,  two 

I  ut.  t.  IT.  n,  M.  ni,  4.  la  VL  &  TO.  11.  n.  vtn.  m.  x  u.  xzxv.  &  xi.  m 


LcgioDi,  with  th»ir  complement  of  Socii  aod  AaxiUa,  formed  a  Cotuularu 
Bxareitut.  Daring  the  Second  Panic  War,  the  force*  onder  anni  rose  aa  hifdi 
u  ei^teoi,  tnentj,  tireatj-ona,  and  even  lirentr-tbree  Legiooe;  nnder  Tiberin*, 
the  Manding  umj  amounted  lo  twenty-Gve  Legima,  besides  AuxSia  titoat 
•qoal  b  itrengtb  to  the  Legions,  and  the  Imperial  IMh  Guards. '  The  Lenona 
were  at  flnt  numbered  aocordingp  to  the  order  in  which  they  ware  raissd.  Prima, 
Steunda  .  .  .  Deeinui,  &c.,  sad  when  (he;  became  pennaaent  bodies,  tb^ 
retained  the  aame  nnmbera,  like  regiments  io  our  owa  serrioe,  with  the  addidoa 
of  epithets  derived  IVom  varions  dreumatancee ;  these  epithets  bdng.  in  maiij 
casea,  rendered  necessary  hj  the  fact,  that  diSerent  Legions  freqaeotlj  bore 
the  ume  onmber.  Then  nnder  the  empire  we  read  of  the  Prima  Ilalica,  the 
Priiaa  Adjutrix,  the  Prima  Minervia,  and  the  Prima  Partiiica;  of  the 
Stxla  Vktra  and  the  Sexta  Ferrala.  So  also  there  were  five  nnmberad 
Samnda,  and  five  nombered  7'ertfa,  &c.  The  men  belonging  to  the  iVtmo, 
Seeunda,  Terlia  .  .  .  Daodeevxtima  .  .  .  Vtcesima,  &&,  were  deeigoaled 
respectively,  as  Priiaani,   Seeundani,   Tertiani  ,  ^      .    -      - 


Number  ofPediUt  in  a  legion.  1.  The  Legion,  as  es 
contained  SOOO  fooc-soldien,  and  wc  have  no  evidence  of  any  in 
tion  of  this  number  dnriog  the  regal  period.*  2.  From  the  eipnlsion  of  the 
Tattinins,  tuitil  the  beginniog  of  the  second  Panic  War,  the  nnmber  varied  from 
4000  to  4200,  althon^,  on  emergencies,  the  strength  was  raised  to  5000,  and 
even  5200. '  3.  From  the  beginniag  of  the  second  Panic  War,  antil  the  age  of 
Marina,  ^.C.  100,}  the  nnmber  varied  from  4200  to  G200,  aeldom  failhic 
below  5000,  and,  in  *ome  casee,  rising  ai  hi^  as  60OO.*  4.  From  B.C.  100, 
until  the  downlal  of  the  empire,  the  number  varied  from  5000  to  6300.  IVom 
the  accsssioa  of  Augustus,  imtil  the  time  of  Hadrian,  6000  Mtms  to  liave  been 
regarded  ai  the  regular  complement.' 

Number  of  E^aila  in  the  Legion.  From  the  flnt  eatahlisbment  of  tbo 
Legion,  notil  the  time  of  Uarius,  the  nnmber  of  Cavalry  seems  to  have  been 
Invariably  SOD,  except  in  aome  ran  spedal  cases,  when  it  was  augmented  to 
330  and  to  400.'  After  the  time  of  Harim,  the  Cavaby  in  the  Bonun 
armies  consisted  chiefly  of  fbieign  troops,  and,  oonsequsntly,  vva  not  coa- 
ridered  as  forming  part  of  the  Legion.  Down  to  the  latest  period,  however,  we 
find  Cavalry,  oocasioaally  at  least,  iucorporated  with  the  Legion,  but  not  in 
cegnlar  fixed  numbers,  as  daring  the  first  six  centuries  of  the  City. 

Orqanixa&m  of  the  hfantry  in  the  Legion.     This,  ai  we  have  bfficalad 

above,  miut  have  pasted  through  many  changes,  which  it  i*  impossible  to  fUknr 

atep  by  step,  in  their  gradual  course,  bat  we  are  able  to  trace  the  gBuenl  ont- 

linea  <^  the  lyrtem  at  certain  epochs  widely  distant  &om  each  other. 

I  LIT.  VIII  «.  ILM  TIL  93.  XXIV.  n.  XXVI.  &  XXVIL  H.  XXVL  1.  XXVU.  ML 

L  M.  v'tl.  M.  XXVIiriaXXL  17,    DIonjL  VL  U.  IX.  U     Toljh.  t  !&  n.  K 

laKZLi.&n.  ZLiUL 

iSalLft  A|wluiatbtl& 

a.  «*.  iiidoTcMc.  IX. 

bat  Poljbhii.  bi  sm 


•Tilr.  XxH.  u^ 


3,a,l,;t!dbvG00glc 


KOUX  AVCT— THK  UOICUt.  438 

(^Flrtt  Epoch.)     We  can  saj  nothing  of  the  itale  of  maltcis  until  tbe  timetf 
Servins  Tulfiiu,  whose  diviiion  of  ihe  wDole  bod}'  of  the  dliiena  into  Clamea  snJd 
Ceotnriet,   was   imepusbly   wnneoted  with    militwj  coneideiatioiu.      Thow 
poRwauDg  the  lugeat  unoont  of  forinne,  were  bound  to  serrs  u  Cavahy,  while 
(he  arnu,  offeoeive  and  defcntuve,  of  the  five  Classes,  were  diitinatl;  q>eciGed, 
«Dd  depended  upon  the  means  possessed  by  the  members  of  each  Class.     When 
we  take  these  statements  in  connection  with  the  positive  assertion  of  Livy ,  rVllI, 
8,)  ne  cannot  for  a  moment  doubt, 
that  the  Legion,  in  the  earliest  timea, 
was  marshalled  id  one  compact  solid 
bodj,     according    to    tbe    priodplM 
of   the  Grecian  Plialani.     The  fore- 
most   tanks    were    occupied    bj    the 
mtizens   belonging  to  the   first  Class, 
whose  fortune  eoabled  them  to  provide 
_  themselves  with  a  complete   suit  of 
defenuve  atmonr;   the  different   por- 
tions of  which  we  have  ennmerated  in 
p.  DC,  and  which  nil!  be  seen  repre- 
sented in  the  annexed  cut  of  a  Greek 
heavy-aimed  wairior.      Behind  these, 
those  of  second  and  third  Classes,  leas 
exposed,   and  therefore   requiring   less 
complete  equipments,  took  their  placea, 
while  iboee  belonging  to  the  fourth  and 
tiAh  Clasaes  skirmislied  with  missiles; 
and  when  the  conHictiDg  hosts  came  to 
close  quarters,  fell  iuto  the  rear  of  the  phaUni,  addmg  weight  and  consisteucj' 
to  the  mass  in  the  chaiye. 

(Second  Epoch.')  How  long  this  sjitem  lasted,  we  oannot  vrith  cert^nty 
determine ;  bat  Livy  says  (I.e.)  that  the  change  took  place  potlquam  (Komanj) 
itipendiarii  facti  sunt — that  is,  after  the  commencement  of  the  siege  of  Veii, — 
and  conjecture  has  fixed  upon  Camillua  the  great  Captain  of  the  fourth  century, 
as  the  individoal  by  whom  a  new  order  was  iutrodoced.  It  is  certain  that  in 
B.C.  840  we  find  that  the  unwieldy  mass  of  the  Phalanx  bed  been  broken  up 
into  three  distinct  lines,  each  line  composed  of  small  companies  called  Mampvb, 
tbe  whole  being  arranged  in  such  a  manner  that  while  each  line  and  each  com- 
pany could  act  separately,  tbey  mutnally  supported  each  other,  and  executed 
oombined  movements  with  great  facility,  rapidity,  and  precision.  The  detuU 
•re  given  in  the  chapter  of  livy,  already  twice  referred  to  above,  which  is  unfor- 
tnnately  obscnre  if  not  corrupt ;  but  although  doubt  may  exbt  with  regard  to 
the  force  of  some  expressions,  we  can  fum  a  distinct  conception  of  the  leading 
features  of  the  new  system.  The  whole  Legion  when  In  battle  order  was  arrayM 
in  three  lines. 

The  foremost  line  (prima  aeies)  was  composed  of  youths  in  the  first  bloom  of 
manhood,  (ftorem  iavenum  pubacenlium  admititiam  habebat,)jiho  were  classed 
together  under  the  general  name  of  Hastati,  and  were  divided  into  fifteen 
companies  called  ManipuU,  which  were  drawn  np  separately  at  a  short  distance 
from  each  other  {datanlts  tnler  js  wodicum  ipaliam.)  Each  Manipului  con- 
tained dxty  rank  and  file,  two  officers  called  Cenluriana,  and  one  standard 
bears'  called  yeziUariui.  Of  the  sixty  soldiers  in  the  Manipulut,  twen^ 
2f 


4M 

aMiM  (mK  ■  ipMr  (Ainta)  and  javdiai,  (^omi,)  tfaa  noMiidaf  fcr^  hoi 
•Umg  ihidd*.  (•n'o,)  ud  prdMblr  body  Bnnonr  tlao. 

lite  Mcood  line  wh  imnpoMd  of  mec  in  tb«  fbll  vlgoar  of  life,  (nbiutior 
attiuj  wbo  fi*H  riiwad  t(^|tth<r  nndv  tba  gtoenl  naiM  cf  Pr^e»ei^  tad, 
Elu  IIm  ftufliii,  wen  diridod  imo  fifteen  Jfan^HlL  llawbolaof  tbt/ViiictpM 
wag  hearaj  arned,  and  thttr  «qiupmenlB  wen  of  tba  b«at  kind  (aeXEKi  ohhm* 

Tba  thirty  MampvU  of  HoMtati  and  iVuidpoi  were  oomprebGnded  nnder  dta 
gweral  nama  of  ^iUg>iIani. 

The  IbM  linawHoompawd,  likeaacbof  tbe  twofbrmer,  of  fifteen  ManipuU, 
bat  etwb  of  tbe  ManipuU  in  the  tlurd  line  waa  dirided  into  three  aentioos,  wbich 
wete  oaDed  VatOia,  beoawe  esdi  Motioa  had  it*  aeparate  etandard.  Under  the 
Int  Fexttiwuiiieaehof  thaae  triple  MampaH.'Ten  ranged  the  TWom,  veteran 
addiera  of  tried  iMaTetr;  nnder  the  aeoond  Vemtlam  the  Borarii,  mea  j'ottnger 
and  leaa  diatinirddied;  nndar  the  third  VaHlbm  the  Acftad,  lea*  to  be 
depended  npao  than  either  of  ttM  fcr^miig,  ("muHawa  fdudat  nURvai,)  and 
Aenfen  ]d>oed  m  the  rear. 

The  tattka  of  the  period  cannot  be  described  more  biiefl/  or  more  dearij  than 
in  the  wordi  of  tba  hlatorian : — 

Uln  hit  ordbtibia  eaercitut  inilruetits  oMt,  HoMtad  oimthm  primi  pumam 
miAanl.  SiStalaHprofligarehoilemnonpottenUpedepraaoeoiretroeedtiiteM 
M  iitiervalia  ordbntm  Principts  redpiebant ;  tunc  Priaeipiim  pugm  erat ; 
HaataH  ttqiuboHtar :  Triaru  rub  V€uUis  considtbatii,  aoattro  cnire  pomelo, 
seula  MiitM  Aumeru,  ftaiUu  lubrecla  cuspide  iii  terra  fictu,  Aaiuf  lecat  ouaa 
vaUo  mpla  Mmrtrtt  aeies,  tenenta.  Si  apud  Priacipa  quoque  havaaatU 
pnupere  em^  pugnatum.  a  praaa  acU  ad  Triarios  smtim  re/erebantur,  inde 
rMiADTRUBIoa  BKDIBBB,  qaitm  laboralur,proverbio  increbruil,  THarucM- 
iurgeniei,  uM  is  Mervalia  ordinKm  Mtiontm  Pritic^ia  et  Hiatalot  receptneiit, 
extemph  compratit  ordinibiu  velul  claudtbant  viat :  tttioqueootUineiitiagmiiu, 
jam  miila  Mpe  pott  rtUcta,  tn  hoaUm  mceddxmi;  id  erat  JbrmidoloMiiMauia 
Mwf),  qnttia,  mJkI  vielo*  irueeuti,  Mmam  r^ente  aeUm  azfurjKRteni  metaM 
Hunero  cenubanL 

{Third  EpoeK)  Tbe  principles  adopted  in  tbe  Second  Epooh  mAMj 
leoeiTad  their  fnll  deTelopment  during  tlie  wan  •g*init  the  Samnitea,  tM 
fireeka  in  Sonthem  Ita1;r,  and  tbe  Canba^iant.  The  Third  Epoch  may  be 
mgarded  u  extending  from  B.C.  300  to  B.C.  100  or  107.  Here  onr  gnat 
■Uboritj  is  PolTbiua,  whoae  temaria  applj  to  a  U^n  of  4000  men,  althoi^ 
tbe  munber  waa  nanall;  greater  in  his  daf . 

The  Legion,  u  dnriog  tbe  Second  Epoch,  waa  manhalled  in  three  lines,  whidt 
adU  bon  tbe  nantw  ofHaitati,  Prindpa,  and  TVfam.  The  Hawaii,  1200 
in  nocber,  were,  aa  formerij,  joong  men,  aiid  fanned  the  fiiet  line ;  tbe  Pri»- 
tip**,  mm  in  tbe  prime  of  life,  abo  1200  in  Dumber,  formed  the  eeooad 
line;  while  tbe  TViarn,  experienced  veterana,  600  in  number,  formed  the 
third  line  la  addition  to  tbeae,  there  wu  a  corp*  of  light  anned  akin""''  — 
fr«oi«aniaadB.0.311,attfae«iegeofCaptu,(UT.  XXVL  4,)  o"^  tli 
of  VtUta  t)t  ProeubUores,  1000  in  nnmbw,  wbo  repreeenied  tbe  irr^nlar 
bodies  termed  AcetTtd  and  RorarU  in  tbe  eariisr  agea.  When  the  ntunber  !■ 
tbe  Legion  waa  above  4000,  the  additional  mm  wen  distributed  eqnallf  amoae 
the  Hattati,  Prineipti,   and   VdittM,  the  nmnbw  of  the  TViarif  being  And 

at  too. 
Ha  defioain  anna  of  die  Haitali,  Priaeipu,  and  TriarH,  wan  the  mum, 


486 


iS  aHka  bdng  eqidpped  b  a  fhll  «dt  c 

of  broDie,  B  brcutplue  of  liham  or  scnl 

(thorax  i.pKtorale,)%m»nloron6  leg,  (ocr«a,}uidBl>trgeihi«ld,  (icufmi,) 

made  of  tbiok  rectanguJar  planks,  four  feet  kiDr  sod  two  and  a-balf  broid, 

bent  ronnd  with  tbe  oonvexit}'  ontwtuds,  wvered  with  hide  and  bomid  wiUi 


bore  la 


a  their  oflouive  we^nns,  all  were  fantiBhed  with  the  ebort,  Krai^t, 
o-edged  apaoiah  Bwtn^;  (^lofiiiu,')  in  ad^tion  to  whidi  tha  TVtam 

relccg  [okea,  (huCoc,)  whila  eaoh  man  in  tb«  Hailad  and  Prineipa  carried 
ciro  of  tbe  fbnnidaUe  hearj  Javelins,  npwarda  of  six  feet  in  length,  called  PUa. 
The  VeUla  had  merelj  a  hght  caaqae  noTered  with  skin,  a  ronnd  buckler, 
(parma,)  a  eword,  and  a  bundle  of  dails  (htulae  velitare*.) 

The  Sailati,  Prvicipa,  and  T'riarii  were  each  divided  into  ID  MampjUi, 
and  each  Mampuitu  into  two  Cenlariae,  so  that  everr  Legion  contained  30 
Maa^H  and  60  Centuriae.  The  VeUla  were  not  divided  into  Maniplu  and 
Centuries,  but  nete  diipened  equally  among  the  three  heavj  armed  lines.  The 
word  Ordo  ia  verj  frequently  empbyed  as  equivalent  to  Cmfurui,  and  rarely  as 
equivalent  to  Mampalus.     (See  Liv.  VIII,  8,  and  compare  XLII.  34.) 

Aa  early  aa  the  second  Punic  War,  perhaps  earlier,  (Aul.  GelL  XVI.  4,)  tha 
ManipnU  of  the  Legion  were  oombined  together  in  battalions  called  CohorUt, 
Each  Legion  oontaiiwd  ten  Coliorta ;  each  C^^um  ooctained  three  MaiupiM 
or  ail  Cenfuri'iM,  via.  one  Manipuba  of  Bastaii,  me  of  I^ncipei,  and  one  of 
TVun-ii,  with  their  complemeut  of  VtUUs.  Observe  that  the  word  CtAon  i* 
also  frequenttr  employed  as  a  general  term  to  denote  any  body  of  aoldiera  onoon- 
neeted  with  the  Ledon,  (Liv.  IV.  99.  VU.  7.  X.  40.  tn.  14.  XXX.  86,}  bat 
when  used  with  rwronee  to  the  Legion,  always  bean  the  definite  ^gniflcatica 
explained  above. 

It  wonld  appear  that  during  the  Second  Epoch,  the  Triarxi  alone  carried  tbe 
Pilum,  and  were  styled  Pilani,  and  hence  the  two  iront  lines,  the  Hattati  and 
Principa  were  collectively  termed  Antepilam,  (Comp.  Varro  L.L.  T.  §  39,)  and 
these  terms  ner«  still  employed  to  designsie  the  same  divisions  after  the  Pibtia 
of  the  Triarii  had  been  transferred  to  the  Hastati  and  Prittcipa.  The  stand* 
arda,  or  at  least  the  prmdpal  standard,  must  have  originally  b^  boma  betifeeo 
the  Principa  and  the  Htatati,  and  hence  the  latter,  or,  in  general,  those  who 
foDght  in  the  foremost  ranks,  are  occasionally  designated  aa  Antetignani,^  the 
front  ranks  tbemselves  being  called  Principia.* 

Cavalry  of  the  Legion. — This  branch  of  the  service  seems  lo  have  nndergone 
Uttle  change  m  organixatioa  during  the  three  Epochs  which  we  have  disoosied. 
The  regular  complement  (yuttu  efpdlatua)  attached  to  eadi  L^on  was,  as  we 
have  seen,  300.  These  were  divided  into  ten  squadrons  called  T\trmoe,  of 
thirty  men  each,  and  each  7'urma  into  three  Dtcuriae  of  ten  men  each.  At  tha 
head  of  each  Decaria  wu  a  Decurie,  who  bad  an  Optio  nnder  bim.  The  senior 
Drcario  in  each  T'urma  commanded  the  squadron,  and  tbe  whole  body  of 
Cavalry  was  under  the  oommand  of  an  officer  who,  in  later  times,  at  least,  was 
named  Prae/eelus  Alae,  the  term  Ala  being  used  to  denote  the  Cavalry  of  the 
legion,  in  oonseqaencG  of  their  having  been  originally  employed  in  the  field  to 
cover  the  flanks  of  tbe  Infantry,  which  in  the  I%alanz  were  always  vulnentble. 
Tbe  equipment  of  the  Cavalry  wae  originally  made  as  light  as  posiiUe,  in  oidsr 
to  secure  tapidi^  in  their  evolntions,  and  their  chief  weapon  was  a  long,  thia, 


lUv.ILXlVUn.  VIII.il    IX.  SSlXXILfLXXX-SI. 

SUt.  IL«Mai£.VIII.  la    Sillut  Ini.  M.    TkIl  HM.  Il.tt 


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


436  lOlUN  ABUT  —THE  LEOlOtr. 

flexible  Umw.     But,  befera  the  lime  of  Polybiiu,  it  had  Ixen  found  adviaable  to 

toraieh  them  with  a  cnirMt,  a  substantial  backler,  and  a  etrong  beav]'  spear. 

Under  the  empire  foreign  Cavalij  were  to 

be  foond  in  the  Roman  ranks  who  were 

clad  both  man  and  horse  in  n  complete  suit 

of  chain  or  scale  annonr,  like  those  who 

formed  part  of  the  liost  of  Antiocbua,  and 

were    callBd    Catapkracti    at   Loricati 

<Liy.   XXXY.  46.  XXXVir.  40.)     Such 

is  the  Dacian  represented  in  the  anneied 

cut,  taken  from  Trajan's  column. 

Sodi  of  Ike  Third  Epocfl.— When  the  i 

Senate   had   resolved  to  Ictj  a  certain 

nnmber    of    Legions,    tlie    Socii    were 

called  upon  to  furnish  an  equal  number  of 

lnfantry,and  twicethenumberofCavaliy.  i 

These  troops  were,  we  have  every  reason  Co  I 

believe,  armed,  equipped,  organized,  and  { 

disciplined  exactly  in  the  same  manner  as 

the   Roman  Legions,  the   whole  of  the 

expense  being  defrayed  by  the  states  to  which  they  belonged,  Both  in  tbt 
«amp  and  when  drawn  up  in  order  of  battle,  tlic  Infantry  uf  the  allies  was  placed 
on  the  wings  of  the  Legions,  and  hence  the  words  Ala,  Alarii,  and  Cuhorlea 
Alariae  are  employed  10  designate  the  whole  fbrc«  of  ihe  allies,  both  horse  and 
foot,  and  the  two  divisions  were  distinguished  as  Dextera  Ala  iuASinuIra  Ala. 

Ala,  when  used  in  this  sense,  must  be  cnrcfully  distinguished  from  Ala  when  it 
•ignilles  the  300  Roman  horee  which  formed  the  Cavahy  of  the  Legion,  and 
which  received  thdr  name  in  like  manner  from  having  been  in  andent  timet 
employed  to  cover  the  Banks.     After  the  social  war  the  terms  Alarii  and  Alariat 

Cohortes  were  applied  to  the  AuxiUares.^ 

.  One  third  of  the  (Cavalry  and  one  fifth  of  the  Infanliy  were  always  selected 
from  the  wliole  body  Socii  in  each  army,  and  attended  upon  the  Consul,  under 
the  name  oi  ExtraoTdinarii.^ 

(Fourth  Epoch)  This  may  be  regarded  as  including  the  century  which 
immediately  preceded  and  that  which  immediately  folloived  the  Christian  Era. 
We  have  already  had  occasion  to  notice  important  innovations  wliicli  belong  to 
the  eariier  portion  of  this  Epocii — the  free  admission  of  Protetarii,  Capile  Ceiai, 
and  probably  o(  LibtrCini  also,  which  took  place  under  the  inflnencc  of  Hanoi 
— the  Temoval  irf  all  distinctions  between  Jiomam  Miliia  and  Soeii,  which  waa 
a  resnit  of  the  Social  War — and,  finally,  the  employment  of  foreign  Cavalry  to 
ibe  almost  total  exclusion  of  Romani  Equila.  But  in  addition  to  these  general 
changes  in  the  constitution  of  the  army,  there  arc  seme  matters  connected  with 
the  organisation  of  the  Legion  itself  which  force  themselves  upon  our  attention. 

1.  From  Ihe  commencement  of  this  Epoch,  the  names  liastali,  Principet, 
Mod  Triarii,  as  applied  to  classes  of  Lcgionaiy  soldiers,  altogciher  disap[)ear,  and 
we  must  conclude  that  the  ancient  order  of  battle  bad  fallen  into  disuse,  The 
distribnlion  of  the  men  into  Cenluriae,  lilanipuli,  and  Coh<irtea  still  prevuled, 
the  mutual  relations  of  iheee  divisions  being  the  same  as  during  the  third  Epodi, 

1  AsL  G(11.  XVL  4.    LIT.  X.  Wl  U  XXVIL  i.  XXX.  11.  XXXL  II.    Chi.  B.a  L II, 

*  ut.  xzvil  la.  zxxv.  s.'  Poijb.  ti.  u. 


^oiiz^dbyGoogle 


sohah  AUfT-— thb  ixoiox.  437 

llitt  ii  to  saj,  each  Ze^  oooUined  ten  Cohorta,  eioh  Cohort  three  J/mipvt^ 
and  each  Matiipulm  two  Cenlariae. 

2.  The  F«iifes  ore  do  longer  mentioned,  their  place  heing  mptdied  b7  lacuJa- 
tora,  Fundilora,  Sagittani,  and  other  light-anned  aniiliaries,  oomprehended 
nnder  tlie  eeneral  exprenion,  Lemt  Armatura,  The  ancient  nord  Permlaru 
it  Dwd  botli  by  Satluxt  and  Taciloa  to  designate  the  skinniahen  of  an  annf . 
(SallmtCat  CO.  Tach.  Ann.  XII.  36.  Varro  L.L.  TO.  §  57.  Non.  MarcelL 
s.T.  Deeuriona,  p.  356,  and  b.v.  Fei'mtarii,  p.  357.  ed  Gerl.  PaoL  Diac 
a.».  Ferentarii,  p.  86.  93.) 

3.  The  vrliole  of  the  Legionariea  nere  now  eqniwed  exactly  alike.  All  wore 
the  aame  defeneire  armonr,  and  aH  were  annad  with  the  Pilum  to  the  exelonon 
of  the  Hasla. 

4.  When  it  hecame  necesaaiy  lo  ciecnte  any  lapid  movement,  a  eerttun 
nnmbcr  of  the  most  active  Legionaries  were  aelecled,  and,  having  been  relieved 
of  the  heavier  portion  of  their  equipments,  were,  for  the  time  being',  called 
Expedid  Mililu,  Expeditat  Cojiortea,  or  the  like,  bnt  these  terms  do  not 
desigiiate  a  sraMiatc  class  of  soldiers. 

6.  The  foreign  Troops  were  distribnted  into  Cohorlu  of  InRuitry  and  Alat  of 
Cavali7,  bnt  of  the  internal  organization  of  these  bodies  we  know  little  or 

Q^KXTi  of  Ihe  Legion.— Tribuni.  Ceatariona.  Optiona.  The  officers 
of  highest  rank  in  the  Lepon  were  the  Tribuni,  of  whom  there  were  originally 
three ;  bnt  wh^  Polybius  wrote,  the  nnmber  had  been  increased  to  six.  For  s 
long  period  the  nomination  of  the  rWdunt  was  vested  in  the  Consuls,  who  com- 
manoed  the  Legions  to  which  thej  were  attached,  bnt  in  B.C.  861,  the  people 
asaomed  the  right  of  electing  as  many  as  they  thought  fit,  and  from  that  lime 
forward,  or  at  least  from  B.C.  Sll,  a  portion  of  them  were  always  chosen  in  the 
Comida  Tribula,  and  the  choice  of  Ute  remainder  left,  as  before,  to  the  com- 
manders -in -chief.'  Polybius  asserts,  that  no  one  oould  be  nominated  IVibunui 
nntil  he  had  served  for  ten  years  in  the  Infantry,  or  Sve  in  the  Cavalry,  and 
this  mle,  although  occnsioDally  vioUted,  as  in  the  case  of  the  elder  Scipio,  (Liv. 
XXII.  53,)  was  probably  observed  with  conuderable  atrictness  during  the 
republic.  But  among  the  privileges  granted  by  Angnstns  to  Senators,  he  per* 
mittcd  their  sons  to  assame  the  i^tiu  ClamiM,  (p.  Sb4,)  and,  if  thej  entered  Ihe 
anny,  they  at  once  received  commisnons  as  7ri6uni,  and  hence  snch  penona 
were  denominated  THbuni  LaticlavU? 

Each  battalion  of  Socii,  corresponding  in  nnmbCTS  to  the  Roman  Legion,  was 
oommanded  by  six  Prae/ecli  Sbciorum,  who  were  nominated  by  the  Coosnl,  and 
oorresponded  to  the  Trtbutii  in  the  Legion. 

Next  in  rank  to  the  TVibimi,  were  the  Cattiaionu,  aiity  in  number,  each 
having  the  command  of  a  Centaria.  They  were  nominated  bj  the  TVtitini, 
who  nere  boDnd  to  select  the  most  meritorious ;  and  it  would  appear  that  the 
appointments  were  subject  to  the  approbation  of  the  commander-in-chief.  (Liv. 
xLll.  33.)  Although  each  Centurion  had  the  command  of  one  CenttiKa,  and 
no  more,  thej  wa«  not  all  upon  an  eqnality  in  rank,  but  a  regular  system  of 
precedence  was  established,  extending  to  the  whole  namher.  We  are  led  to 
the  coDclnsion  that  not  only  was  service  in  the  ranks  of  the  TriarU  regarded 
as  more  honanrable  than  m  those  of  the  JVincipea,   and  in  the  Pnndpa 

1  LIT.  VIL  a  av  IX  n  XXVIL  ML  XLIL  31.  XLIIL  la,    Poljb,  Tl.  IS.  _____ 


iBS 

ttan  in  the  Hailati,  but  tbU  the  Haniploi  in  euli  line  were  n 
from  one  to  ten,  and  took  preoedeace  aeoording  to  these  niunben.  Henoe 
then  would  be  a  regular  gradation  from  tbs  Centarion  who  eooimanded 
the  ri^E  wing  oi  Centmy  of  the  fint  Maniple  of  the  Triarii,  down  to  the 
Centarion  who  oommanded  the  left  ning  or  Ceatorf  of  the  tenth  Maoipla 
et  the  Haitati.  The  Centarion  who  commanded  the  right  wing  of  the  fint 
lUniple  of  the  Triarii,  waa  entitled  Primlpiba,  or  Centurio  primipUi,  and 
wu  uud  Ducert  primuta  pUunt.  To  hii  ohai^  wai  committed  the  Aqtala 
or  great  itandard  of  the  Legion.  He  ranked  next  to  the  Tribunes,  and  had 
ft  eeat  in.  the  ContiUum,  or  Counol  of  War,  The  fint  Centarion  of  the 
Frindpei  was  styled  Primui  Priucept;  the  fint  Centarion  of  the  Hatlati,  in 
like  manner,  Primta  Hattatiu;  and  these  and  similai  designationi  wen 
itttained  after  the  classes  of  Haitad,  Priueiptt  atti  TVidm  were  no  longer  to 
be  found  in  the  Legion.  We  have  reoiarked  above,  that  Ordo  is  bj  moat 
writen  nsed  as  synonvmoai  with  Centuria,  and  henoe,  witli  reTerenoe  to  tba 
•omparstiTe  rank  of  the  different  Centnries,  we  meet  with  each  pbraaes  u 
prinii  onfinei,  superiora  ordinei,  inftrioret  ordtaea,  injiBa  ordina;  and  & 
Centurion  who  commanded  one  of  the  hi^er  aompanies  wu  said  Dueert  luma- 
btm  ordinem. 

Each  Geotorion  had  under  him  a  enbaltera  or  lieutenant,  named  bj  hiaudf, 
who  was  termed  Optio,  and  there  was  also,  in  each  centoij,  an  endgn  or 
■tandard-bearer,  (agn\fgr,)  who  was  probably  regarded  as  a  pettj  offioer. 

LegaU.     In  addition  Ic  the  i^nlai  officers  of  the  Legion,  a  general  tx  pro- 
rincdal  governor  nsoallj  nominated,  vith  tbe  oonsent  of  the  Secatt,  Legad, 
that  !■  heatenant-getiends  who 
wan  not  attaobed  to  any  one  | — ^ — i 

oonia,  bnl  who  exercised  a  geo-  I ' 

erd  snperintendeDCe  nnder  his         . — ,_.        . . 

Mders,  when  he  was  present,  and    >  ( |       | j       |         I       | }  ■ 

acted  as  bis  repreaentatiTee  when  

be  was  absent.      We   hear  of  |    c    | 

Legati  under  Consuls  and  Dio-  

tatoii  from  a  very  early  period ;         ■        , ,        , .        j 1 

tbe  nnmber  seems  to  have  been    d  | |        | I        I I        I I  ** 

originally  two,  one  for  eaoh  of 

two  Legions  which  cotulitoled  |     K    [ 

a  CWuJaru  Exeratii$,  bnt  in 

'■^uT'^  'CD    CD    CI]    C3' 

tbe  army,  nnd  tbe  nature  of  the  , , 

service.'  j  ..°,.l 

Aswan.  ~The  arrangemest  

of  aConsnlar  Arm^on  theMarA  [a    I 

{Agmea)  as  desoribed  by  Poly-  

Imii,  wiU  be  undentood  bm  ^  [         |        |         |        |         |        |         |  k 


Dadera  Ala  Sociorttm  (_PediUi.)     C,  Impidimmta  bdonpng  to 
S,  Legio  Bomaua.     E,  Impedimtnia  of  D.     F,  Lmo  Ramana.     ( 
awRia  of  F.    U.  Jn^tdimmUt  of  £,    K,  5WMra  Aia  Soeianai. 
iui.il  WIT.  n.ZLia  I    asiiut.  !■«.  m.  ciamoM 


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lATiu.  A88 

The  Cavalrj  did  not  muntuD  a  fixed  poaltion,  K«MtiiBei  ridiog  in  airmat, 
or  upon  tbe  Banfa,  u  dnmmiUiices  mi^l  demand,  and  MdMCinn  fUUng  kit 
tbe  Tear  o(  the  diTidon  lo  which  thef  belonged.  When  any  ^tfwehsakn  mi 
entertMDed  of  an  attack,  the  diflmnt  coipe  fallowed  eaeh  otbar  elMdy,  m  u  to 
exhibit  a  compact  body,  and  thi«  wm  tonntd—Qiiadralo  aj/mint  imetdtrt. 
When  danger  wae  acttdpated  (rom  behind,  the  Extraordiitaru  brongfat  up  (ha 
rear  initead  of  leading  the  Tan. 

Aelea.— The  diqraaition  of  an  anny  in  battle  otder  (Adtt)  muM,  to  m  giwt 
uxtent,  have  depended  upon  the  natare  of  the  groimd,  and  npon  tao^  ad^tad 
bj  the  fbroe  opposed  U>  them.  Certain  general  prindplea  were,  bowerff, 
obeerred  dnring  the  different  epocht,  to  which  we  haye  itttntA  above,  in  draw- 
ing np  the  oonititnent  paitt  of  each  Legion,  to  »  to  insure  the  greateat  amoont 
nf  mntnal  support,  whether  acting  on  the  offensive  or  defensive. 

During  the  Fint  Epoch,  the  whole  body  of  the  Infantij  bong  Tn«i«li«ll«J  in 
the  wlid  mass  of  a  phalani,  the  great  ol^ect  would  be  to  keep  the  front  of  tbe 
phalanx,  which  presented  an  impenetnhle  wall  of  wairion  clad  in  fall  miti  of 
aimonr,  turned  towards  tbe  enemy,  an  attack  upon  the  rear  or  flonki  being 
latal,  if  exeeoted  with  holdneea  and  reKlution. 

The  syatem  punned  during  the  Seocnd  Epoch  is  inffidently  intelligible  &Din 
tbenanaiiTewLivjupvenaboTejCp.  433,)  aoooidingto  wbkbAwillnfn- 


(1)—        —        —       —        —.—        —. 

(2) ^    C 

(8) . ) 

aent  thelG  Haniplea  of  Zfiuteti,  B  the  16  Wiavfita  o( Printipet,  and  C  the  16 
tririe  Haniplet,  consisting  of  (1)  Triarii,  (2)  Rorarii,  and  (3)  Aeeeiui. 

Dnring  the  Thin]  Epoch  we  have  etill  the  three  lines,  A  being  the  10  Haniplei 
of  AifCaftinfiont,  fi  the  10  Mani[d«aof  Pn'ncipes  in  the  centre,  and  C  tbe  10 


]fanl;dea  of  Triarii  in  the  rear  as  a  rMarre,  while  the  Vefttea,  or  il 

aitted  in  front  or  oo  the  flanks  as  eiroomstanoes  mig^t  demand,  and  whan  drina 

In,  retired  thtongh  the  openings  between  the  Man^ea,  and  tallied  in  the  rear. 

Whan  we  reach  the  Fourth  Epoch,  tbe  Htulati,  PHiK^,  and  TViwti'  h«t« 
dia^peared,  and  the  Roman  generals  foond  by  expniacKe  tlut  it  was  iiriiiwaij 
to  vai7  ihtir  tactica  aocordine  to  the  varying  modes  of  waibie  pracdaed  l^ 
tbur  baibarian  foea.  it  would  appear  that  Cxear  did  not  adhere  to  any  8ud 
mtem,  bat  each  cohort  was  kept  dutinct,  and  spaMi,  at  of  old,  wen  left  betwaen 
am  Kaii^ilas ;  the  young  addien  were  no  kmger  plieed  in  frnol,  bnt  the  van 
WM  led  by  the  Teterans. 

TTe  mar  now  prooeed  to  notice  kmm  danee  of  s(ddi«i  whidi  sprang  up 
laim«£ately  after  tbe  Mtabliahment  of  the  Emgdre.     Under  tUa  bead  we  ih^ 


440  Btnuii  ixxT— nuJETOSuK  ooacmns, 

tecribe,  1.  Prattoruu  QUierta.  2.  CokorUM  Urbatuu.  3,  Cohorta  Vigi 
ban.    4.  VexOiaHi. 

1.  PrsMsriHHi. — Thecorom»nder-in-chiefof  aEom«n»nnjivMatWDded  bj 
aKketdetBohmsnt,  which,  uodcr  the  name  of  C(iAi>rj  iVaeforia,  remaiucd  clooelj 
attached  to  hU  pareoD  in  the  field,  ready  to  eiecuU  bis  orden,  and  to  guard  him 
from  snj  Bndden  attack.  UdIhi  Livj  (11.  20)  hoi  carelessly  IrHnsferrcd  tht 
naagaa  wilb  nhich  be  bimulf  was  familiar,  to  the  carlieat  ages  of  the  oommoa- 
wealth,  Homething  aualogooa  to  a  Cokors  Praeloria,  iru  to  be  fouod  in  tin 
Botnan  armiei  loon  after  the  expoiaion  of  tiie  Kings;  bnt  Festns  seems  to  have 
Meribcd  tha  instilntloa  to  Sdpio  Afiicauns.'  At  all  events,  bodies  of  this 
demiption  bi«  fteqnenlJj  men^oned  towarda  tha  oIom  of  the  republic,  but  thvr 
craisisted  of  iadiTidiialB  selected  IVom  the  ordinary  troops,  (or  a  special  purpose, 
and  never  constituted  a  distinct  tirauch  of  the  servica.* 

Augustus,  follotring  his  usual  line  of  poli<7,  retained  tlie  ancient  name  of 
JVaetoruM  Cohortei,  while  he  entirely  changed  their  character.  He  levied  in 
Etrniia,  Umbria,  andent  Lntinm,  and  the  old  Colonies,  nine  or  ten  Gihorts,  * 
cxmsUting  of  a  thoosand  men  each,  on  whom  he  bestowed  double  pay  and 
superior  privileges.  These  farmed  a  permanent  corps,  who  acted  as  the  Imperial 
Ij^  Guards,  ready  to  overawe  the  Senate,  and  to  suppress  any  suddeu  popular 
oommotion.  To  avoid  the  alann  and  imlation  which  would  liave  been  excited 
by  presence  of  such  a  force  in  the  capital,  three  Cohorts  ouly  were  stationed  in 
Braae  itself,  whilst  the  remidodcr  were  dispersed  in  the  adjacent  towns  of  Italy. 
But  after  fifty  years  of  peace  and  serdtude,  Tiberius  ventured  on  a  decisive 
measure  which  riveted  the  fellers  of  his  countrr.  Under  the  pretence  of  lellev* 
ing  Italy  from  the  burden  of  militnrj  quarters,  and  of  introducing  stricter 
disdpliae  among  the  guards,  he  assembled  Ihem  at  Rome  in  a  permanent  camp, 
{Cfutra  Praetoria,)  strongly  fortified,  and  plaocd  on  a  commanding  ntnation 
at  the  northern  extremity  of  the  Viminal.*  Their  number  wm  subsequcndy 
increased  by  Tilellius,  to  sixteen  tliousand.  * 

The  power  wielded  by  the  Praetorians  was  necessarily  so  great,  and  was  so 
fhlly  appreciated  by  themselves,  that  each  Prince,  upon  liis  accession,  fonnd  it 
expedient  to  propitiate  their  vanity  by  Battering  compliments,  and  to  porcbaaa 
their  allegiance  by  extravagant  donations.  Tli^r  insolence  was  increased  by  every 
finsh  concession,  until  at  length  it  rcnched  a  climax  when,  after  the  murder  of 
Fertinax,  they  put  up  the  empiie  to  sale,  and  madi;  it  over  to  Didius  Julianns, 
as  the  highest  bidder.  Ai^r  the  downfal  of  this  pretender,  they  were  disgraced 
and  disbanded  by  Septimius  Severus,  who,  however,  revived  the  institution  upon 
anew  model,  and  increased  the  number  to  about  40,000.  The  Praetorians  had, 
•riginaDy,  been  recruited  in  Italy  exclusively,  and,  in  process  of  time,  in 
Macedonia,  Noricum,  and  Spain  also.  But  under  Severos  they  were  composed 
of  {Mcked  men  and  tried  waniort,  draughted  from  all  tlie  (rontier  legions,  who, 
as  a  reward  (br  good  service,  were  promoted  into  the  Cohorts  of  the  Household 
Troops. 

Afier  the  lapse  of  another  oentnry,  they  were  gradually  redooed,  and  thuf 

1  Put  Dlu.  LT.  PrailtHa  Ctlurt,  p  ns. 

ig>iiDiLC>t.se.  ing-M   cis.tni^t.iL  n.  CsH.  B. o. L 40.  ApbUo.  ac  iiLCT.  T.a, 

s  Tutni  Hji  nmt,  (AntL  IV.  s.)  DJdb  CwIbi  Urn  (LV.  M) 

rTontfaaHHudpntrwarUiaFneiDrUBhHiTacIt  Aan.1V.  I— tt  HtekLM  IL  tl. 
Mu.in.ia     A*ir»l.Vh!l*«CMtS9.  40. 


L^SIC 


WOatiS  ABUT— COBOKTU  tTHBAKAB,  ftC.  141 

twivikgea  iboliihed  by  Diooletiio,  who  supplied  iheir  place  in  a  gr»t  meannt 
DT  the  niTTian  Itgiotu,  oiled  Joviam  and  Hercnliaiu;  they  were  apiin  inereaMd 
to  their  (bnner  itmigtb  by  HaxmtiiU;  aod  finally  (oppretaed  by  Conatantiiui  tbs 
Gnat. 

The  office  at  GvMnl  of  tba  Qtui4»—Prae/eclia  Pratlorio — irbich  wia 
vested  origioally  in  tiro,  nnder  Tiberiiu  in  one,  and,  at  a  1al«r  period,  occuion' 
ally  in  thAe  or  fonr  individuala,  increaacd  in  importance  as  the  power  of  the 
Praetorian!  IhonuelTei  increawd,  and  at  times  vts  but  little  inferior  to  that  of 
the  Emperor  liimadf.  Tbeir  datiea,  in  the  rd(^  of  Commodus,  Tten  extended 
•D  ai  to  oomprehend  almost  all  departmouti  of  the  government,  and  hence  the 
post  was  sometimes  filled  by  Civilians,  as  in  the  cass  of  the  celebrated  Ulpian, 

2.  C*b*ric*  VrltBBne. — These  were  a  sort  of  city  militia  or  national  guards, 
wfaoae  duties  scon  to  have  been  confined  M  the  preservation  of  order  in  the 
Bietropcdia.  They  ivere  instituted  by  Au^stus,  and  divided,  according  to 
TadCus,  into  three,  or,  acmnling  to  Dion  Cassius,  into  fonr  Cohorts,  Rmonnting 
in  all  to  aix  thousand  men.  They  ncro  under  the  immediate  command  of  tha 
Prae/ecba  Urbi,  and  hence  Tadtns  tells  us,  that  ivhen  Flavina  Sabinni  was 
indted  to  take  np  arms  against  Viteltins,  he  was  reminded — e-iat  itU  propriaia 
milium  Cohorlium  Urbananan.     (Hist.  III.  04.)  ' 

8.  <Mhmw*rm  viciiam — Augustus  established  also  a  body  of  armed  night* 
police  who  patrolled  the  tlrects,  and  whose  apcdsl  task  was  to  take  all  precau- 
tions  against  fire.  They  were  divided  into  seven  Cohorts,  nere  composed  of 
lAbaiinl,  and  were  commanded  by  a  member  of  the  Eqneatrian  Order,  who  waa 
denominated  Pratfectia  VigUam.     (See  p.  234.)' 

4.  Vniiiarli.  Vecilla. — By  comparing  the  different  passages  in  Tacitus 
where  these  terms  occur,  we  shall  arrive  at  the  conclouoa  that  they  bear  a 
double  meaning,  one  general,  the  other  special.  1.  VtxUlarii  and  VtxUla,  b 
their  widest  acceptation,  are  applied  to  any  body  of  aoldiera,  horse  or  Ibot, 
aerviag-  under  a  Vexillam  apart  from  the  Legion,  whether  connected  or  not 
connected  with  the  Legion,  and  hence  may  be  used  to  denote  a  body  of  legion- 
ariea  detached  npon  particolar  duty,  or  a  body  of  recruits  not  yet  distributed 
among  the  ranks  of  the  Legion,  or  a  body  of  foreign  troops  altogether  indc- 
pNident  of  the  Legion.  Thus  we  read  of  Vexilla  Tirotium — Germaniea 
Vaalta — Manipvli  .  .  .  Nauportum  ntusi  .  .  .  Vexiita  eonvellunt,  &c. 
2.  VemUarii  aiid  VexUia,  in  a  special  sense,  are  applied  to  the  Tcterans  who, 
in  acoordanco  with  a  regulation  introduced  by  Tiberius,  (see  below  p.  443,)  bad 
at  the  end  of  aixteen  years'  service,  been  discharged  from  the  ranks  of  tba 
I^ion,  but  who,  enjoying  varioos  exemptions  and  privileges,  were  ret^ned  for 
fbnr  yean  longer  tinder  a  VcciUum,  which  accompanied  the  Legion  in  which 
they  bad  been  previously  enrolled.  When  Vexillarii  or  VetiSa  i*  employed  to 
dmote  this  elaat  of  soldiers,  aome  axprcuion  is  usuallv  introduced  to  mark  thdr 
eoanection  with  the  corps  to  which  they  had  previously  belonged.  Tlina — 
VexiUaru  dueordium  Legionum — Vexillarii  vicaimani — VexiUa  mmae  se- 
aatdatqite  et  viceiimae  X^ionuiR,  &c. ' 

Wa  mnat  eaiefally  distinguish  these  VexiUa  which  belocig  to  the  imperial 
timea  exclusively,  from  the  VexUla  of  the  Seoond  Epoch,  (see  above  p.  434,) 
whieh  denoted  the  dlfhient  sectioai  of  the  Triple  Maniples  of  the  third  line. 


M2  *0) 

niUtarr  PKr> — Each  of  the  EquUa  eqao  piibUco,  &aai  th*  wriiwt  ItraM, 
naairad  a  wun  of  mooef  for  ttie  porobue  of  bis  hofM,  ind  wu  •Uowtd  SOOt 
1mm  ■nniiftUj'  for  iti  lopport  fp.  99).  Tbe  Infuiti^,  howeTW,  for  thiM  oa»- 
turiei  ibA  a-hair  iweired  do  paj.  DonDg  tlie  whole  of  thu  period,  the  Lcgioa* 
mullf  nmftined  on  Krvioe  for  a  ^vrj  limiud  period  each  jeir,  bciiiK  called  out 
merely  for  the  pnrpoae  of  repelling  a  saddeD  inroad,  or  of  malda)r  a  ibrar  into 
the  lerritoi^  ofa  neighbouring  stale.  As  soon  h  the  brief  a 
the  soldiers  dispersed  lo  Uieir  abodes,  and  reanmed  tbe  tillage  of  th 
the  other  oooupations  in  whioli  thej  bad  been  eDgvged.  But  when  it  becaiM 
neOGisuj  for  tbe  troops  to  keep  the  field  for  a  lengthened  periad,  it  became 
oecessai)'  «]«o  lo  provide  for  their  sapport,  and  to  affoid  them  neh  oompt 
fbi  their  loss  of  time  as  might  enable  them  lo  contribnle  tnwards  the  n 
■noe  tS  tbe  families  the/  had  left  at  home.  Accordinglj,  in  B.C.  406,  eae&j 
three  years  before  the  period  when  tbe  Romin  army  for  the  flnt  time  piswd  ■ 
winter  in  the  Geld,  encamped  before  Veii,  the  Senate  pasMd  a  reetdtttion  that 
Boldien  ihould  receive  paj  ont  of  the  public  treasoij — Ut  stipendaai  milet  de 
pMieo  adeiptrel,  mum  ante  id  tempiu  de  mo  qidtqiie  fimehit  to  mtmert 
MK(  (Uv.  IV.  69.)  '  Three  years  afterwards,  when  tite  btookade  had  been 
actnally  commenced,  (B.C.  403,)  those  who  woe  poeteaied  of  the  ComM 
E^uaUr,  but  to  whom  no  Eqnui  Publicui  had  been  aaaigned,  TOlantccRd  to 
eerve  as  Cavaliy,  and  to  them  aleo  the  Senate  voted  pay  (liv.  V.  7.)  Tha 
praotioe  thus  introduced  was  never  dropped— ^ocere  itipendia — merere  itiperuSa 
"  ■became  the  ordinary  phtaiee  denoting  ranitair  ■enice,  and  when  a  ntuneral 
wai  attached  to  ttipendium,  it  indicated  the  nombv  of  eamp^gna. 

LivT  doM  not  Mate  the  amount  of  the  pay  when  it  was  firet  inttiinied ;  and 
with  the  exception  of  a  casual  exprenion  in  PUntns,  (Hoatell.  II.  i.  10,)  we 
have  no  diiliiiat  infonnation  nntU  we  oome  down  to  Polybius,  in  whose  time  a 
private  foot-soldier  received  3|  assM  per  day,  a  ooiturion  double,  a  dragooa 
three  timea  as  much,  that  is,  a  Denania. '  By  Julias  Casar,  the  amount  was 
doubled — Ltgionibus  *Hpendiam  in  perpeltaan  dupUcaeitj  (Suet.  lul.  S6;) 
by  Augneloi  it  wai  briber  increased  to  10  atua  per  day,  the  denarius  being 
now  in  this  as  in  ordmsry  computalioni  held  to  be  equivalent  to  16  asses,  (Tadt. 
Ann.  1. 17.  oomp.  Suet.  Ootav.  49,)  and  thos  eaoh  man  would  receive  fin  ronnd 
numbsn)  9  aorri  per  annum,  to  which  Domitian  added  three  more — Addidit  «l 
(Hortitni  idpendiam  vnUH,  aareot  fernoi,  (Suet.  Dom.  7,)  thus  making  the 
■nm  an  anreos,  or  25  denarii,  per  month.  The  Fiaetoriane  had  douUe  b»t. 
(Dion  CaM.  LUI.  II.  LIV.  26.     Tacit.  I.  c.> 

The  itate  pnnided  the  soldier  with  clothes  and  a  fixed  allowance  of  oom ; 
bat  for  thess  a  deduction  was  made  from  his  pay,  and  also  fbr  any  arms  whkh 
be  mi^t  reanire.  (Pdyb.  Tadt.  11.  oo.  oomp.  Flut.  C.  Onoch.  5.) 

The  aUied  troops  (Socit)  were  clothed  and  paid  by  th<dr  own  etalas,  mi 
raedvsd  gratiutoaaly  bom  the  Romans  the  same  qoantity  of  eon  as  tbe  Moft- 
-iriM.  (Pelyb.  L  0.) 

PnMasta.   Cmmm»Jlm.—loiftxit  the  do*e  of  the  republic  and  nndv  tfca 
f.  I  wbea  soldiacs  reedved  their  discbargs  npon  eom- 


SometiiDM  lufe  bad[«s  of  veteruu,  in  taeofianoe  with  the 
poiU7  loiuvea  aoring  the  raljugation  of  Itsl^,  [p.  118,)  were  tnuupottcd  to 
Um  TKDOte  frontier  proriiKei,  and  there  ertablUhed  m  militarf  colonies.  HI 
nidi  rewaidi  for  acrriee  were  eomprehended  under  th«  general  t«nn  Praemia  or 
Cvmmoda  Mistionum-—Cotianoda  emeriUu  militiae,  && — and  ooimponded 
mth  the  B^eteni  of  militaiy  penaioiu  common  in  modom  times. ' 

Pnri*d  •rBorlco. — In  the  earlier  agea,  when  the  campaigoa  were  of  abort 
(Inration,  erary  Boman  cidioi  ptaaemii  of  a  certain  fortune,  and  between  the 
agea  of  eerenleen  and  fbrty-aix,  waa  bound  to  enrol  himself  aa  a  aoldier,  if  called 
upmi,  wilhoot  referenoe  to  hie  previoos  aerrice.  Id  procesa  of  time,  howerer,  nhen 
Urge  armies  were  conatantly  kept  on  foot,  and  the  leriona  often  remained  long 
b  foreign  eountriea,  it  waa  fomid  expedient  to  Umit  toe  period,  and  before  the 
time  of  Poljbiua  it  had  been  fixed  to  twectj  jean  for  the  Infantrf  and  ten  f  eaia 
for  the  Gavaby.  Each  individaal  who  had  completed  this  term  was  exempted  for 
the  future,  waa  stjled  £ntfrilui,  and  waa  entitled  to  a  reguUrdiachai^(Misno.j 
\  discharge  granted  in  tliia  manner  waa  termed  Mitdo  honesta,  but  if  obtaiced 
in  consequence  of  had  health  or  anj  qtedsl  plea,  Misni>  cautaria.  Thoae  who 
tliougbt  Gt  tu  remain  in  the  Lemons  after  they  had  a  ri^ht  to  demand  thdr 
Mittio  were  called  Fe'eroni,  and  those  who  had  reoiaved  their  Mittio  bat  were 
induced  agtun  to  join  in  oomplianoe  with  some  apeoial  request,  were  named 
Evocati.  Anguatot,  in  B.C.  IS,  rtatiicted  the  regular  period  of  service  for  the 
Leffionarici  to  niteen  vears,  and  for  the  Praetoriana  to  twelve,  (Dion  Caas. 
LIV.  25,)  bat  subeequGntly  (A.D.  6)  it  would  appear  ^laC  the  old  eytlem  waa 
nnewed,  the  Pntelorians  being  required  to  serve  for  eixtaen  and  the  Legionariee 
for  twenty  jears,  at  the  end  of  whiiih  they  were  to  receive  a  bounty  {praemium) 
of  20,DO()  eeeieroes  and  12,000  seMercee  reapectively  (Dion  Case.  LV.  23.;  This 
arrangement  waa  again  modified  under  Tibmios,  in  oonsequoioe  of  the  mutiny  in 
Pannonia,  to  thii  extent,  that  the  Lc^onaries  were  not  to  be  entitled  to  the  full 
Mittio  until  after  twenty  yean,  bat  that  aHer  sixteen  years  they  were  to  receive 
a  partial  discharge,  termed  Exaucloratio,  in  virtae  of  which  Ihey  were  to  be 
lepsrated  from  the  Legion,  tu  be  exempted  from  all  or^nary  Itdjoriooa  tatka, 
and  to  ba  manhalled  by  themselves  under  a  dittinot  banner — Mutionem  dari 
vieena  atipeiH&i  meritia;  txauetorari  qui  teiui  data  feeiutnl,  ae  re&tiri  tub 
vtxiUo  etUronm  mtuunet  ntn  propubatidi  hoitii  (Tadt.  Ann.  I.  36.)  It  is 
by  DO  mflMis  dear,  however,  that  this  waa  not  the  eystan  which  had  been 
introdnoed  by  Angnatua  when  he  revived  the  andeut  period  of  service,  and  that 
the  mutiny  was  not  partly  caoied  by  a  want  of  good  fiuth  in  oarrying  out  thew 
rnkak 

atmmMmrf. — (5^na.  VexUla.)  The  nulttaty  rtandard  of  the 
B»  I*  said  by  Ovid  (Fast.  lU.  117)  to  have  been  a  wisp  or  handfiil 
cf  bay  or  amw  attaehed  to  the  and  of  a  long  pole.  Pliny  (H.N.  X.  4)  tella  na 
that  im  to  the  aaeondoonanlship  of  Marina,  (B.C.  104,)  the  eagle  end  four  othv 
animus  formed  the  sta&daida  of  the  Legion,  the  eagle  holding  the  first  place,  bnt 
that  a&er  tbat  data  the  eagle  alone  was  retained— fiomonu  earn  (so.  amilam) 
UgionBna  C.  Marvi*  bi  ttemdo  conndoRi  tuo  propiedicanL  Erta  tt 
antta  prima  am  gualvor  aSu:  Lttpi,  J^mMauri,  Egui,  Aprique  aJniriilM 
ardnat  mUttboRt.  Paaet*  ante  amm  tola  n  adtm  portari  co^la  erati 
rdigita  w  oufrw  rttbtqutbaUm:    But  aUoogfa  the  eagk  (AquOa)  eodtionai 


I  TaM.  Aos.  L  IT.    BHt.  Oetav. «.  CMf.  U 


t;ooxic 


441  BOVAir  ASHY— lUUTABT  KEWiXDB. 

to  ba  It  an  tineg  the  great  staadud  of  the  Legkm,  and  u  mch  was  oommitted 

to  the  cmtody  of  the  Primipiliu,  we  muu  not  Bappou  that  it  waa  (he  on); 

atandard;  on  the  contrary,  it  is  oertaio  that  each  Cokori  and  eacli  Centvria 

.had  its  own  ataadaid,  and  judging  from  the  nmneroua  repreienutiona  of  mch 

otjecu  on  coina,  on  the  columQ  of  Trqan  and  otber  ancient  monnmenta,  \\Mf 

miuC  have  aaenmcd  a  gn:at  varieEj  of 

different  foncB.     The  Denarios  of  H. 

Antonios,   of  irhich  -ve  annex  a  cut, 

repreienta   the  form   of  the   legionary 

eagle,  and  two  otbcr  standards,  nt  the 

close  of  the  republic.     (See  also  the 

figure  in  page  426.)     It  has  been  con- 

Jectnred  that  wbile  AquUa  denotee  the  great  etaadani  of  the  whole  Legioo, 

Sigaum  denotes  that  of  a  Cohort,  and  ^^xillum  that  of  a  Cattaria,  but  tbcae 

distinctlone  are  certainly  not  unifbrmlj  observed 

The  standards  marked  out  the  various  divisions  and  subdivisions  of  tlie 
Legion,  so  as  to  enable  e.ich  aoldier  readily  to  fail  into  hia  place,  and  the  move- 
ments of  tbe  standards  in  the  field  indicated  at  once  to  a  spectator  the  evolutiona 
performed  by  the  different  corps  to  wliitb  they  belonged.  Hence  the  phrases 
Si^a  in/eire,  to  advance;  S.  re/erre,  to  retreat;  S.  Convertere,  to  wheel; 
S^a  con/erre — Signii  coliaiis  confiigere,  to  engage;  urbem  inlrare  lubtignit 
— mb  aigals  legionei  daoere,  \a  r^lar  marcbmg  order;  ad  signa  conoenirt, 
to  muster ;  a  siffitii  diacedere,  to  desert ;  and  many  otbeia  whidi  can  occamoa 
no  embarraaement.  The  eipreseion  Militu  SigHi  unhis  (e.g.  Liv,  XXV.  2&, 
XXXIII.  1  }  is,  however,  of  doubtful  import,  and  we  cannot  with  ceitainEj  decide 
whether  it  signifies  the  soldiers  ofone  ManipU  or  ofntie  Cenlary. 

miliarr  Rewmrdi. — These  niBj  be  classed  under  two  iieads,  according  M 
they  were  bestowed  upon  the  commander-in-chief,  or  npon  the  anbordinata 
ofhcers  and  soldiers.  The  great  object  of  ambition  to  eveiy  general  was  a 
TTiumphit,  or,  fuling  that,  an  Ovalio ;  the  dietinctions  granted  to  those  inferior 
in  raidc  to  tbe  general  consisted,  for  the  most  part,  of  personal  deoorationa, 
CoTonat,  Phalenie,  &c. 

Triumphua. — A  Triumph  was  a  grand  prooesaion,  in  which  a  victoriona 
geueial  entered  the  city  by  the  Porta  Tyiumphalii,  in  a  chariot  drawn  by  (bur 
horses,  (Quadriga,)  wearing  a  dress  of  extraordinaiy  aplendcw,  namely,  an 
embroidered  robe,  (Togapicla,)  an  under  garment  flowered  with  palm  leaves, 
{Tunica  pabnata,)  and  a  wreath  of  laurel  round  his  brows.  He  was  preceded 
by  tbe  prisoners  t^en  in  tbe  war,  the  spoils  of  the  cities  oaptnred,  and  pictures 
cj'the  regions  subdued.  "He  woe  followed  by  his  troops;  and  afUr  paasmg  along 
the  Sacra  Via  and'~thtt>ugh  the  Forum,  ascended  to  the  Capitol,  where  htt 
offered  a  bull  in  sacrifice  to  Jove.  A  t^pilar  Triumph  (iuttus  THump&u) 
could  not  be  demanded  unless  tbe  following  oondi^ns  had  been  sadafied,  1.  The 
claimant  must  have  held  tbe  ofSca  of  Dictator,  of  Consul,  or  of  Praetor.  It  is 
true  that  Pompeiua  triumphed  twice  (B.C.  81  and  B.C.  71,)  before  he  had  held 
any  magistral^,  hut  the  whole  of  hie  career  was  eioeplional.  2.  Tbe  snecesa 
tqmn  which  the  claim  was  founded  must  have  been  achieved  by  tbe  claimant  , 
while  commander'^n-chief  of  the  violorioue  army ;  or  in  other  words,  the  opera- 
tionamoethavebeenperformed  under  bisjjuipicta.  (p.  143.)  3.  The  campaign 
must  have  been  brought  to  a  terminadon,  and  tbe  ooontij  redoced  to  snch  a 
state  of  tranquillity  as  to  admit  of  the  withdrawal  of  the  tnxqis,  whoae  presanoe 
at  the  ceremony  was  iudiqwnsable.     4.  Not  less  than  5000  (u  the  enemy  moat 


C'.(i(V,|c 


ROUAK  ABHY — A  TBIUUFH.  446 

Itvit  fiUleD  in  one  engagement.  5.  Some  poaitire  ailvnntage  uid  extcmiMt  ot 
dominion  muit  have  be^  gained,  not  merely  t,  diiuier  retrieTed,  or  on  UUolc 
lepolied.  6.  The  contost  miut  have  been  againit  n  forngn  foe;  hanGd  the 
eiprewion  of  Lncan,  when  speaking  of  Civil  Ware  ' — 

B«ll>  geii  placnit  nollos  linbltum  triimpbo*. — I.  IS. 


generally  ordered  &  public  tbanksgivlag,  (SuppUcatlo,)  and  upon  hb  r 
gave  bim  audienco  in  some  temple  outaida  the  walls.  The  Senate  at  all  timea 
maintuned  (hat  it  ^aa  their  prerogative  to  decide  whether  (he  honours  of  a 
Triumph  should  be  ooncedcd  or  withheld ;  bnt  in  this,  us  in  all  other  matter* 
connected  with  public  business,  the  people  occaaionallj'  asserted  their  right  to 
exercise  sopieme  control,  and  coosequentl;  we  lir.d  examples  of  generals  cele- 
brating a  Triumph  bj  permission  of  the  |>cop!e  in  opposition  to  the  opinion  ot 
the  Senate. '  When  it  was  settled  tliut  a  Triumph  iias  to  take  place,  one  of  the 
Tribunes  of  the  Plebs  applied  lo  the  Comilia  TribuUt  for  a  P'tbucilum  to  suspend 
the  piindples  of  the  oonstitulion  durbg  tlie  day  of  the  ceremony,  io  order  that 
the  general  might  retain  his  Imperium  within  the  city.  ' 

Boman  generals  who  had  petitioned  for  a  Triumph,  and  bad  been  refused, 
frequently  indulged  in  a  limilai  display  □□  the  Mons  AUiama,  oonolndlog  with 
a  sacriQce  to  Jupiter  Latiaru.* 

Triumphui  Navalit. — A  Triumph  might  be  celebrated  for  a  victory  gained  by 
sea.  Tbese  were  comparatively  rare;  but  we  have  examptea  in  the  case  ofC. 
DnilliuB,  (B.C.  2G0,)  of  Lutatius  Catulus,  (B.C.  241,)  and  a  few  others.  * 

TVirwn/iAj  under  the  Empire. — The  Prince  bemg  sole  comroander-m-diief  of 
the  armies  of  the  state,  all  other  militaiy  oommaadera  were  regarded  merely  as 
his  Legali,  and  it  was  held  that  all  victories  were  gained  under  his  Aiapicia,  , 
however  distant  he  might  be  from  the  scene  of  action  ;  consequently  he  alonfi' 
was  entitled  to  a  Triumph.    Hence,  although  Augustas  in  the  early  part  of  bis 
career,  before  his  position  became  secure  and  well 
defined,  permitted  his  sabordinales  to  eelebiat* 
Trimnphs,  this  honour  was  not  granted  to  any 
one  not  belonging  to  the  imperial  family  after 
B.C.  14  ;  but  instead  of  Triumphs,  certain  tillea 
and  decorations,   termed    TriumphaUa   Orna- 
I  menta,  were  instituted  and  freely  bestowed. ' 

'  Decorated  arches  n-ere  frequently  built  aeioas 

the  stitels  through  which  the  triumphal  pro- 
cession defiled.  Tliese  were  originally,  in  all 
probability,  mere  temporary  structures;  but 
under  the  empire  they  frequently  assumed  a 
permanent  form,  were  designed  with  great  archi- 
tectural skill,  and  orruunented  with  elaborate  sculptures.     Of  this  description 


1  B«  nrlDdl  d<U[l>  w\ai  rasnl  to  Trlum^i  In  Lli.  VIIL  f«.  X: 

XXX.  M  xxxL  i.  10.  »  «  xxxiiL  K.  Axiv.  la  xxxix.  u. 


XXVL9I.  XXVIll  » 


n.    Fol;b.V[.  IS.    DIonTLXl.M. 

s  u..  XXVI  »i.  XLV  ». 

*  Ut.  BptL  XVII.  XXXVIL  so  X 

•  Tstlt.  Ann  I.  la.  II.  M.  IlL  TL 
ZLIX.U.  LIV.  II.H 


BoiuK  AMtT-  -unitAMr  waewa 


rnnUt*  iidkH  imUM,  of  Sercnu,  md  of  Coaitantim,  idD  cztMit,  rfwfakk  w% 
ban  siToi  re{veaeDtstioiii  in  Chapto'  I.,  and  nich  olgedi  ve  oftn  ddineUod 
I,  M  in  the  oat  at  the  bottom  of  tbe  lut  pag«i  tnxa  a  large  braH  of 


1^. 


Ovatio. — lliis  wH  a  prooewoD  of  the  umt  uatore  a*  a  Trintaph,  but  mneh 
leai  goTgtata,  and  was  conceded  to  thoee  wbo  had  dudngnuhed  themselves 
against  the  taeaj,  irithont  havfng  perfbnaed  anj  achierement  of  (oSdent 
importance  to  enitUe  tbein  to  >  Triumph,  or  wbo  were  nnable  to  Inlfil  all  the 
conditioiii  ennmerated  abore.  In  this  cue,  the  general  entered  the  city  on  foot, 
or,  in  later  times,  on  boneback,  attired  in  a  limple  Toga  Praetexla,  fieqnenilj 
unattended  bj  troora,  and  the  dliplaj  tenninated  b;  the  eaorifice  not  of  a  bnU, 
aa  in  tbe  eaae  of  a  Triimiph,  but  of  a  sheep — and  henoe  the  name  Ovatio. ' 

CoTonae,  PAalerae,  J-c. — Coronae  were  wrealhE  or  ch^ilota  worn  on  tba 
bead,  or  carried  in  the  hand,  on  public  oecaaiooi,  and  were  dlatiDgnlshed  bj 
Tariooe  names,  according  to  their  form  and  the  dicmnstances  nuder  irhidi  thejr 
were  won.  The  most  honourable  of  all  trat  the  Corona  Ciniea,  baitowed  upon 
thou  who  had  saved  the  life  of  a  citizen  ;  (ob  dves  Servalot ;)  it  wai  made  of 
oak  leave«,  and  hence  termed  Quercu*  CivUu — the  Corona  Vallaru  a. 
Castreraii  was  given  to  the  individaal  wbo  fint  scaled  tbe  rampart  in  asunlting 
the  camp  of  an  enemj — the  Corona  Muralu  to  him  who  firit  mounted  the 
breach  in  itonnlng  a  town — the  Corona  Navalu  to  him  wbo  GiU  boarded  a 
hoatile  ihip — a  Corona  Bettrata  was  presented  by  Angnatoi  to  Agrippa  after 
tbe  defeat  of  Sex  Pompeins — a  Corona  Obiidiona&s  waa  the  offering  of  soldiers 
who  had  been  beleaguered  to  the  commander  bj  whom  they  had  been  rdieved, 
and  was  made  of  ^e  grass  which  grew  upon  the  spot  where  thej  had  been 
blockaded.) 

Phalerae  wen  oniaments  attached  to  horse  fhmitnre,  or  to  the  accoutrements 
of  the  lider;  besidee  which,  various  decorations  for  the  person,  soch  as  oollais  of 
gold,  (_Toripia,)  Armlets,  {Armiilae,')  Clasps,  (^FVniiat,)  and  similar  otyects, 
were  among  the  marks  of  honour  given  and  recdved. 

Spolia,  that  is.  armoor  or  weapons  taken  from  the  person  of  a  vanqnished  foe, 
were  alwajs  eihibited  in  the  most  conspicnotw  part  of  the  boose  of  tbe  victor, 
and  tbe  proudest  of  nil  miUtoTj  trophies  were  SpoUa  Opinia,  which  oonld  be 
gained  only  when  the  commander-in-chief  of  a  Soman  army  engaged  and  ovcr- 
Hirewin  single  combat  the  commander-in-chieTof  tbe  enemy,  (quae  dtaPopnti 
Romani  dad  hoslium  delraxiL)  Soman  history  afforded  bnt  three  examplea 
of  legitimate  Spolia  Opima.  The  Bist  were  won  b;  Bomnlos  from  Airo,  ^ag 
of  the  Ceninenses,  the  second  by  Aulas  ComeUus  Cossus  from  Lar  Tolumniua, 
Ring  of  the  Teienles,  the  third  by  H.  Clandins  Uaroellus  fiom  Vtrodomanis,  a 
Gaulish  chief,  (B.C  222.)  In  all  cases  they  were  dedicated  to  Jnpfter  Feie- 
trius,  and  preserved  in  his  temple. ' 

DliiKmrr  PBBiahncKM — Slight  oSbnccs  were  pnnished  with  Aipes  or  wilb 
blows  with  a  a^ck,  and  Iheae  were  generally  inflicted  sammarily  by  the  oen- 
tBTions,  who,  Ibr  tbis  pnrpoae,  carried  a  vine  sapling,  which  was  r^arded  a 

I  LIT.  III.  10.  XXVL  II.  PnL  Dlu  LT.  OvuXh.  p.  IH  AoL  a^].  T.  S.  Pllu.  KX. 
XV.W.  n<.r.III.I8.  PlutMircelLJl  D!onC»M,XLVIII.Sl.XUX.15.LlV.aitLV.i 
8m.  id  VlTf.  Xo.  IV.  H3. 

I  shadi.  a.11.  V.  s.  ut.  VI.  M.  vn.  lo.  m.  it.  4t.  4)  rx-  <«.  x  u.  a.  xxii.  si.  w 
XXIV.  iG  XXVL  3L  ta  XXX. li.  XXXIX  SI.  Bpit.  cxxix.  Thul  Aim.  ii.asaiu 

II.  XV.  I&    rHD.  H.N.  VII.  30  HXL  4.  XXIL  t.  t.     SiMt  Clnd.  IT.     PuL  Dks.  i.  t. 


raSTcS 


.  XtlV.  4.  LL  14. 


Cooglf 


r.  447 

thdr  badge  of  ofBee.'  '  HonBerioniTiolMioiia  ordtBciplinf,  sacU  u  disobcdUBO^ 
dwwrtipii,  mntmj,  or  theft,  were  Tinted  with  deatii-  The  Mntemw  wa«  ounM 
into  eCTect  in  vsrioiu  v^jt,  b;  beheadEng,  by  cmeiGxion,  and  BOmeUmca  b;- 
the  Fiuluariani,  which  «u  uialogoiu  to  nuininf  the  gauntlet.  When  a 
•oldier  wee  condemned  to  undergo  thii,  one  of  the  tribnnei  louohed  him  with  a 
■tick,  upon  vhidi  all  the  wldien  of  the  legion  fell  npon  him  with  itonee  and 
clubs,  and  geoerallj  dn^iatched  Jiim,  Ho  was,  hovrcrer,  allowed  to  ma  for  hii 
life,  bat  if  he  etcaped,  coold  never  retuni  home. '  When  aoms  orime  had  been 
eommilted  whioh  incolred  great  nnmbera,  eveiy  tenth  man  wu  draeen  bj  lot 
for  pnniehment,  and  thig  wae  called  Decimalio?  Under  the  amiura  we  hear  ain 
of  Vicaimatio  and  Cenletimatlo.     (Capitolin.  Hacrio.  13.) 

EHeiMMpaMnu^Wben  a  Roman  annjwaa  in  the  field,  it  nerer  halted,  even 
for  a  single  night,  witbout  throwing  up  an  entrenchment  capable  of  containing 
the  wholeof  the  troope  and  their  baggage.  This  field-work  wae  (enned  Castra^ 
and  such  an  euential  feature  in  their  nyetem  did  it  form,  that  the  word  ia  fre- 
qoentlj  used  aa  aynon^moui  with  a  day't  march,  and  also  with  icar/are  in 
general,  ai  b  the  eiprettiang — Consul  tertiu  CattrU  Ancyram  peruenit  (Lir. 
IXXVIIL  2i.}~S^taagttmu  Ccutra  Tarraconem  rtdiil  (Liv.  XXVIII.  16.) 
—  ViV,  nacvu  utUior  in  Castrit,  an  mtlior  in  Toga  (Velldui  II.  1£5.) 

Polj'bina  has  bequeathed  to  a*  cuch  a  minute  deacription  of  a  Boman  Camp, 
acoompanied  bj  accurate  meaeurements,  that  we  can  have  no  dilRcDltj  m  des- 
cribing the  fbnn  and  arrangements  ivhich  it  exhibited  at  the  epoch  when  the 
discipline  of  the  Romans  was  in  ils  most  perfect  state. 

OfiiceTa  poaseseed  of  the  neceasar)'  stall  and  experienoe,  were  alwajs  sent 
forward  in  advance  of  an  arm}'  on  the  march,  to  choose  snitable  ground  for  the 
encampment,  (copere  loeuBt  eastrit,'^  attended  by  practical  engineers,  called 
MetaUtrtt,  who,  afler  tb«  spot  had  been  selected  npon  which  the  tent  of  the 
general  (Prattorvan)  was  to  be  erected,  taking  this  as  their  base,  made  all  the 
measorements,  and  drew  all  the  Unes  necessary  to  enable  the  suldiers  to  begin 
working,  as  soon  as  they  came  np,  and  laid  off  the  spaces  appropriated  to  each 
of  the  vaiiouB  divisions  of  which  the  army  was  composed,  so  that  each  iodividnal 
knew  at  once  where  his  qoarters  were  to  be  fmind. 

The  form  of  the  camp  was  a  square,  each  side  of  which  was  2017  Roman  feet 
in  length.  The  defences  consisted  of  n  ditch,  (Jbaa,')  the  earth  dog  out,  being 
thrown  inwards  so  as  to  form  a  rampart,  (agger,^  upon  the  summit  of  which  a 
palisade  (vaUum)  was  erected  of  wooden  stakes,  {vaUi—tudes,)  i  cert^n  number 
of  which  were  carried  by  each  soldier,  along  with  hia  entrenching  loola.  A 
okar  space  of  200  feet  (iiitervaUian)  was  left  all  ronnd  between  the  vallum  and 
the  tents.  The  relative  position  of  the  different  parts  will  be  leadDy  imdentoad 
b;  studying  the  annexed  plan,  and  the  eiplanatioa  by  which  it  is  accompanied, 
it  bang  premised,  that  the  camp  represented  is  one  c^culated  to  accommodate  a 
consolar  armj,  consisting  of  two  legions,  each  containing  4,200  infantry  and 
300  cavalry,  together  with  the  uanal  complement  of  toeii,  that  is,  an  equal 
number  of  infantry  and  double  the  number  of  cavalry,  in  all  16,800  inbntrj 
and  1,800  cavalry. 

ITMli.ADii.LIT.Ian,    LIT.  Epit.  LVIL    PlIrL  HH.  XIV.  1. 

lUv.  IL  m  V.«.E|>lt  XV.  XXVIII.  ».  XXX.  t.    Psijb.  VLSI.    CIc  Pklllp*.  rlc 

*L1t.  ILSe.  cie.  in  dant  4S  PolvlLVLia.  PIM.  Cm*.  10.  SbM.  Oetif.  M.  Oalk 
li.  TKit  HiiL  I  a^  nion  Cux  XLI  ta.  XLIX.  tl.  »  For  TUlon  aUnoT nmMnHM*. 
•■•  Uv.  X.  <.  XXIV.  )«.  XXV.  «.  XXVI.  I.  XXVII.  II  XL.  41.     TiL  HkK^L  tuTftu. 


:,  Google 


Porta  PiMtoti*. 


I"l If — 11 H    1 

1     10        8               T                   P                   Q 

[TIT       • 

F                          

fi 

G         S 


C  Porta  DecumiiDii.  D 

AB,  AC,  CD,  DB,  are  the  funr  sides  or  rnmparU  enclosio^  tJie  Camp ;  F  ii 
tlie  Pracloriiim,  the  quarleis  ot  (he  general -in -chief,  wliich,  aa  rem&rkcd  above, 
«erved  as  tho  base  [n  making-  tlio  measurements  nnd  laying  off  the  dificrant 
areas.  Via  have  supposed  the  Praelorium  lo  Face  towards  CD ;  bat  this  is  a 
disputed  point. 

in  ihe  middle  of  the  side  AB,  whiclmas  aluajs  the  side  nearest  to  the  enemj, 
was  a  gale,  O — the  Porta  Praeloria. 

In  the  middle  of  CD,  the  side  farthest  from  the  enemy,  iras  a  seoond  gate,  0 
— the  Porta  Decumana. 

Tht  whole  Camp  was  divided  into  two  unequal  parts,  which  wo  may  dU- 
tinguiah  as  the  Upper  and  Ihe  Lower  portions,  by  a  road,  100  feet  broad,  irbich 
ran  right  across  pandlcl  to  the  sides  AB,  CD.  This  road  was  called  Principia ; 
and  at  each  extremity  of  the  Principia  n  gate,  0,  iris  formed  in  the  sidet 
AG,  BD ;  these  were  respectively  the  Porta  Principalit  Dextra,  and  the  Porta 
Principalis  Sinittra. 

The  Upper  portion  of  the  Camp,  that,  tiamely,  nliicli  lay  between  tha  I^rm~ 


BOMAK  AUIT— THE  UMt.  449 

fipia  and  the  aide  AB,  ooDUiaed  aboat  one-third  of  the  apaoe  embraced  bf  th« 

lower  pordon.  The  priudptl  ol^ect  in  this  diviiion  itm  the  J^attoriwia,  (P) 
which  stood  in  the  ceotre  of  an  open  tqoare,  extending  100  feet  on  each  side  of 
it  Right  and  left  of  the  Praetoriatii,  at  Q  and  F,  were  the  Quautorium,  the 
qnarten  of  the  Qnaeitor  and  of  those  immedialelj  eonnecled  with  hia  depart' 
menti,  and  the  Forvm,  the  pablic  maAet  of  the  Ctunp ;  but  it  is  nnoeitwii  on 
which  tide  of  the  Practorium  they  were  respectivelj  aituated. 

Along  the  straight  line,  EG,  whicli  forma  the  upper  bouadarj'  of  the  Prineiput, 
were  ranged  at  the  points  marked  by  dola,  the  lenta  of  the  twelve  Tr&iad 
belonging  to  the  two  legiona;  and,  in  oil  probability,  along  the  tame  line,  ueaiw 
to  ita  eitremitie*,  were  the  lenta  of  the  Prarfecti  Sodonim. 

The  Principia  may  be  regarded  as  the  great  Ihoroughfare  of  the  Camp.  Here 
the  altar  for  aacrifice  was  raised,  and  betide  the  altar,  as  befitted  their  aacrcd 
character,  stood  the  standards,  or  at  all  events,  the  Amiitae  of  each  higion. 

In  the  spaces  marked  7,  8,  9,  10,  and  the  corresponding  spaces  on  the  opposite 
side  of  the  Praetorium,  were  the  ttaff  of  the  f^niiral,  indading  probably  the 
Legati,  t<^ther  with  the  Praetoria  Cohort,  tlic  Irody  guard  of  the  general, 
consisting  chiefly  of  picked  men  aetecied  from  the  Extraordinarii ;  7  and  8 
were  cavalry,  fadng  towardi  the  Praelorium ;  9  and  10  infantry,  facing  lowaida 
the  Agger.  In  11  were  the  remainder  of  the  Eztraordinarii  EquUes,  facing 
towards  the  Principia  ;  in  12,  the  remainder  of  the  Exiraordinarii  Pedita, 
foeing  towards  the  rampart.  The  apace  13  waa  devoted  to  troops  not  included 
in  a  regular  Consular  Army,  who  might  chance  to  be  serving  along  with  it. 

The  Lower  portion  of  the  Camp,  that,  namely,  which  lay  between  the  Prin- 
cipia and  the  side  CD,  was  devoted  to  the  quarters  of  the  ordinary  troopa. 
Infantry  and  Cavalry,  Legionaries  and  Allies.  It  was  divided  into  two  eqnal 
p«ta  by  a  road,  60  feet  wide,  which  ran  parallel  to  the  Principia,  and  was 
called  Via  Quintana.  The  teats  were  all  pitched  m  the  twelve  oblong  com- 
partments represented  on  the  plan,  six  above  and  aii  below  the  Via  Qatnlana. 
Each  of  theae  compartmenis  was  divided  from  the  one  next  to  it  by  a  road  or 
paaaage  (  Via)  60  feet  broad ;  each  oompartment  waa  500  feet  long,  and  eaoh 
w«a  £vided  transversely  into  five  equal  compartments,  each  100  feet  long,  by 
linea  drawa  parallel  to  the  Principia,  and  again  longitudinally  into  two  com- 
partments by  lines  drawn  parallel  to  the  aides  AC,  BD,  ab  bang  in  length  200 
feet,  be  lS^,  de  100,  ef  100,  gh  50,  hi  100,  the  remainder  of  the  aame  dimen- 
rionainarevBTseorder,  kllOO,  ImSO,  nolOO,  opl00,qrl3Si,  rs200.  ffe 
have  thus  the  twelve  large  compartments  each  divided  into  ten  rectangular 
ipacea,  and  from  the  data  given  above,  we  can  at  onoe  calculate  the  area  of  each. 

it  will  be  teen  that  a  line  drawn  from  the  Porla  Praetoria  to  the  Porta 
Oeetunaaa  wonld  paas  through  the  centre  of  the  Praelorium,  dividing  the 
Camp  into  two  equal  parts ;  and  it  will  be  seen  by  referring  to  the  plan,  that 
these  two  parts  are  in  every  reaped  perfectly  symmetrical.  In  explaining  howlh* 
troops  were  arranged,  it  will  be  necessary  to  describe  their  distribution  on  one  ude 
of  this  line  only,  for  one  L^on,  with  ita  complement  of  Socii,  lay  on  the  right 
hand,  and  the  other  on  the  left  hand,  while  every  compartment,  both  in  the 
upper  and  lower  por^on  of  the  Camp,  belonging  to  the  Legion  upon  one  aide, 
had  a  compartment  exactly  aimilar  corresponding  to  it,  and  belonging  to  (he 
Lesion  on  the  other  side. 

In  the  spaoea  marked  1,  each  oontaining  10,000  square  feet,  were  the  Equilet 
of  the  Legicm,  each  of  the  tan  spaoea  being  occupied  by  one  T^rma  of  SO  mn 
Hkd  bonei.  2  q 


Id  the  ipMca  mailed  2,  each  oontuning  0000  tqatm  feet,  were  the  TriarS 
lit  the  L^ion,  each  of  the  ten  ipaoea  being  ooonpied  bj  s  ManipaUu  of  60 

In  the  ipRoet  naAed  3,  etch  ooataimng  10,000  eqnve  feet,  were  the  Pn'n* 
cwa  of  the  L^ioD,  «Boh  of  the  ten  epftcei  being  oocupied  by  two  JfoniptJt  of 
eOmeneMA. 

In  the  ipMW  niuked  4,  e*di  oontainug  10,000  sqnare  feet,  were  the  Hattati 
of  the  Le0on,  each  of  the  ten  epaoei  being  occupied  by  two  ManipuU  of  60 
neneidi. 

In  the  ip«oe«  ma^ed  6,  eadi  containing  abont  18,900  equaie  fe«t,  ware  the 
Equila  Sociorum,  each  of  the  ten  apaoea  being  occupied  bj  40  men  and  boiaea, 
making  in  all  400,  the  tenutioiag  200  being  qoartered  apart  in  Ihe  upper  Camp 
amcmg  the  Extraordinarii. 

Finallj,  in  the  spacea  matked  6,  each  oontaining  20,000  eqnare  feet,  were  the 
Piditu  Sodcrum,  each  of  Che  ten  gpacea  being  oocnpied  bj  340  men,  making 
in  all  2400,  the  remainbg  600  being  quartered  apart  in  the  npper  Camp  among 


The  teaa  all  fkced  towaida  the  Viat  which  fanned  thcdr  botuidariei ;  tboee 
in  the  epaoei  1,  3,  G  fadng  towards  SD,  those  in  2,  4,  6,  towards  AC. 

It  will  be  observed  that  nothing  hs«  been  said  regaling  the  qnarten  of  tho 
VdiUi.     Foljbiiu  leaves  as  altogether  In  tFie  dark  upoD  this  pobt. 

Watching  the  Camp. — Pickets  of  Cavalry  and  InbnCij,  called  Siationet, 
were  thrown  forward  in  advance  of  the  different  gatee,  to  give  timelv  aoties  of 
the  approach  of  a  foe ;  and  in  addition  to  Chew,  a  strong  body  of  Vsltlei  was 
potted  at  each  gate  to  prevent  the  possibility  of  a  gorpriee.  These  were  called 
Cvtlodet  ».  Ciatodiae.  Finally,  a  number  of  sentinels,  (Excatnae,}  taken  also 
from  the  Velita,  kept  guard  (agere  excuhiiu)  along  the  rwnparta,  while  others 
taken  from  the  Legions  were  stationed  at  the  quarters  of  the  geaeral-in -chief  and 
other  prindpal  officers,  and  were  dispersed  among  the  tents  and  Viae.  All  these 
precantions  were  observed  during  the  day,  and  were  of  oottfse  redoubled  during 
the  nigbt,  which,  reckoning  from  sunset  to  sunrise,  was  divided  into  four  equal 
spaces  called  Vigiliae,  the  ni^t  guaidi  being  tennoA  specially  Viffiiet,  {agert 
Vigiliat, )  while  Excubiae  and  agere  Excubias  applied  both  to  night  and  ta 
day.  The  ordinaty  doty  of  going  the  roonds  (  VigUiaa  circmre)  was  committed 
to  dght  Eqtata,  four  Etom  each  Legion,  who  were  changed  daily,  and  the  moit 
effectual  precaution*  were  taken  to  aacertain  that  they  performed  tlieir  task  Mly 
and  faithiiiUy. 

The  watchword  (.S^mtm)  for  each  nigbt  waa  not  pasacd  verbally,  but  wm 
inscribed  upon  small  lableta  of  wood,  (TetKrae,)  whidi  were  delivered,  in  the 
first  instance,  by  the  oommandei^in-cfaief  to  tliose  legionary  Tribunes  who  wvo 
upon  duty,  and  by  ^ese  to  four  men  in  each  Legion  called  TeMerarii,  by  whom 
the  Teaerae  were  conveyed  to  the  tents  most  remote  from  the  Principia,  and 
thenca  passed  along  the  line  from  Tarma  to  T^nno,  and  from  ManipiUut  to 
Manipulta,  until  they  again  reached  the  hands  of  the  Tribtati. 

Anack  >b4  Vareaos  cf  9*nUsd  Plac«. — In  laying  iiagB  to  a  fortified 
town  or  other  place  of  sDength,  one  of  two  methods  was  adopted:  either,  I.  Ad 
attempt  was  made  to  fbroe  an  entrance,  in  which  cue  the  process  was  t«nn«d, 
Oppugnalio,  and,  if  successful,  Ea^pi^natio ;  or,  2.  A  blookade  was  fonned,  and 
the  aasaiUnta  oadanlalad  iu)on  starving  out  the  defenden.  This  was  called 
ObMio. 

Opptumatio.     Urbem  Oj^agnare.     If  the  town  was  of  small  siie,   »d 


BOMAR  ASKT— 81KOB9.  451 

a  every  nde,  irhile  the  forc«  at  th«  disposal  of  the  besiegna  wm 
large,  a  ring  of  Botdien  wu  drawn  rauad  the  walb,  {oppidum  corona  cingert,') 
a  portion  of  whom  kept  op  a  coiutaat  dijcharge  of  miaMlea  upon  those  nho 
maimed  the  battlemaDti,  (propugnatores,)  while  the  reit,  advancing  on  ereij 
■idi  BinndtaneoaBlf,  with  &eir  shields  joined  above  their  heads  so  as  to  fona  a 
continnoni  covering,  like  the  shell  of  a  tortoise,  (latadine  facta^  planted 
■eaUng  ladden  {icaiiu)  agmnst  a  number  of  difierent  points,  and,  at  the  same 
tims,  endeavoured  to  bout  open  the  gates. 

Wien  the  t»wn,  from  its  siie,  the  strength  of  its  defences,  and  the  mmibera  of 
the  garrison,  could  not  be  attacked  in  this  manner  with  anj  reasonable  prospect 
of  success,  a  regular  siege  was  formed;  one  or  two  noints  were  selected,  against 
which  the  operations  were  to  bo  priueipallf  directed,  and  elaborate  works  were 
oonslrncled.  The  great  object  was  to  demolish  the  walls,  so  as  to  make  a 
prsctioable  breach,  and  this  mi^t  be  effected  in  two  ways.  1.  Bj  undermining 
them  (rawM  si^tmtre  s.  mffodere.)  2.  Bj  battering  them  with  repeated 
blows  from  an  euonnous  beam  of  wood  shod  with  a  mass  of  iron  forged  into 
tiie  shape  of  a  ram's  head,  which  gave  the  name  of  Aries  to  the  whole  michme. 
But  in  order  to  enable  the  soldiers  who  were  to  be  engaged  in  filling  up  the 
ditch,  in  undermining  the  walls,  and  in  workjng  the  Raw,  to  approach  witli 
safetj,  it  was  oecessaiy  to  protect  them  from  the  missilu  hurled  down  from 
the  battlements.     The  means  resorted  to  in  order  to  gain  this  end,  were  twofold, 

1.  A  nnmber  of  large  wooden  sheds,  called,  according  to  their  various  forms, 
Vtneae — Taludina~~Pluld — MiueuU,  open  at  the  two  ends,  but  with  strong 
roofs  overlaid  with  raw  hides,  and  wattled  at  the  udes,  were  placed  upon  rollers, 
and  poshed  forwards  np  tu  the  vetj  walls  (rotii  subtectii  agtlmtittiT,)  Under 
some  of  these  there  were  Bams  which  the  men  could  work  with  comparative 
securitj,  being  sheltered  from  arrows  and  darts,  while  others  afforded  over  to 
those  who  were  digging  nnder  the  fbuDdations  of  the  walls. 

2.  In  order  to  annoj  and  distract  the  defenders,  a  huge  motmd  of  earth — 
Agger — was  thrown  np  opposite  U>  the  points  sdected  for  attack,  and  as  it  was 
grtidualljf  advanced  nearer  and  nearer  to  the  walls,  it  was  at  the  same  time 
laised  BO  at  to  equal  them  in  elevation.  Upon  the  summit  of  this,  one  or  more 
towers — Turres — were  huilt  of  such  altitade  as  completely  to  overtop  the 
battlements,  and  thos  to  enable  the  arehers  and  javelin -tbrx)wers,  with  which 
the  sucoesaivti  stories  (  Te^iulatd)  were  crowded,  to  look  down  npon  the  ramparts, 
and  to  takedeliberaleaim  ■(  the  townsmen.  When  the  nature  of  the  ground,  or 
other  oirciunitances,  rendered  it  difficult  or  impossible  to  constmct  an  Agger, 
Torres  were  fabricated  at  a  distance,  and  rolled  up  on  wheels  like  the  Vuuae, 
bnt  ihdr  uuwieldy  weight  and  height  i-endered  such  an  operation  very  diffiooU 
and  hazardous. 

Oecasionally  also,  mines  (canieuK)  were  driven  with  a  view  of  passing  under 
the  walls,  and  opening  out  within  the  town,  as  in  the  preblematical  tale  regard- 
ing the  e^rture  of  Vwi.    (See  Liv.  V.  19.  21.  XXni.  18.  XXXVUI.  7.) 

The  mode  of  attacking  a  fortified  place  would  necessarily  depend  in  iu  details 
npon  a  variety  of  eircam stances,  which  wonid  vary  Ibr  each  particular  case;  and 
the  skill  of  tlie  engineers  would  be  taxed  in  devising  schemes  for  the  removal  of 
new  and  nnlooked-for  obstacles.  But  the  general  principles  remained  the  same ; 
and  we  find  the  Agger,  the  T^urra,  the  Ariee,  and  the  Vineae,  constantly 
recurring  in  the  dtacriptions  of  sieges  recorded  by  bisCoriane.  When  the  nse  of 
Balislae,  CatapuUae,  Seorpiones.  and  similar  machines,  (Tonnenfa,)  which 
discharged  anows,  darts,  and  stones,  in  showers,  becune  common,  they  vrere 


453  ROacAM  ARMY — sieoES — HtLtTAsr  dbess. 

OBployeJ  nith  great  effect  bj  both  ;MVtJf«,  but  thej  appear  to  bave  beea 
duected  enlirel/  to  tbe  deatnictioD  of  life,  and  not,  altbougb  «ome  of  them  aliot 
Hones  of  immense  wie,  to  batterinf;  in  breach. 

Obtidiu.  Urban  Otmdert  a.  Obtidione  Cingere.  It  ii  obvioag  that  the  Byatem 
doicrilwd  above  conld  not  have  been  ponued  against  a  torn  or  caatle  built  npoii 
a  hhj  eminence,  or  itronglf  ibrtiSea  b;  nature.  Henee,  when  it  was  deaired 
to  rednce  a  place  of  thia  description,  reooune  was  bad  to  OhsiJio.  In  order  to 
render  thi«  effectual,  tbe  place  besieged  was,  if  practicable,  Bturontided  bjr  a 
double  irall,  (CircumvaUare — CircuTavaUatio,)  Btrenetbened  at  interrals  with 
towen,  the  inner  wall  being  intended  to  resist  anj  tMy  upon  the  pait  of  tbo 
townsmen,  the  outer  to  repd  any  attempt  at  relief  from  without. 

The  defence,  on  the  other  band,  vaa  in  each  caM  varied  to  meet  the  par- 
tionlar  form  of  attack.  Evei?  effbrt  was  made  to  delay  the  progress  of  tbs 
woriu,  and  deatroj  tbe  machtDes,  b;  (Veqnent  aalliei,  (eruDlionu,)  and  siooe 
tbe  materials  emplojed  in  oonstmoting  the  Vineat  and  Turra  were  all  of  a 
combnstible  nature,  it  often  happened  that  they  were  repeatedly  consumed  bj 
fire.  lugenioos  oontrivances  were  devised  for  deadening  the  shock  of  tbe  Ariet, 
and  for  seiiing  and  lifting  it  up,  to  aa  to  prevent  it  from  being  propelled  wilh 
effect;  buge  maasea  of  stone  were  cast  down  upon  the  Vineae,  cruBliing  every 
thing  before  them  by  their  weight;  mines  were  met  bj  counter  mines — trartiitrtu 
cunicalU  liostitim  canicutos  excbiat ;  Turra  were  erected  oppoaite  to,  and 
more  lofty  than  thoee  upon  the  Agger;  the  A^fcr  itself  waa  undcrraioed,  and 
tbe  earth  withdrawn;  when  a  portion  of  tbe  wall  wae  aliattered,  a  deep  trench 
waa  dug  behind  the  breach,  a  new  wall  raised  behind  the  trencli,  and  a  muUi- 
Inde  of  BChemes  contrived  and  executed,  whidi  may  be  best  learned  by  reading 
the  account)  which  have  been  transmitted  to  na  of  some  of  the  more  remarkahls 
uegca  of  antiquity,  auoh  aa  thoae  of  Si-rucuse,  (Liv.  XXIV.  33,  &c.,)  of 
Ambracia,  (Liv.  XXXYIII.  4,)  of  Al««a,'(Caes.  B.  G.  VII.  68.)  of  Marseille^ 
(Caea.  B.  C.  II.  1.)  and  of  Jerusalem,  aa  recorded  by  Joaephus. 

Milluirr  l»r»»fc~Tha  cloak,  or  upper  garment,  worn  by  tbe  soldiers  on 
service,  waa  termed  ^^um,  in  coatisdialinctian  toTwfo,  the  g^  of  the  peaceful 
dUzen.  Id  the  case  of  any  luddon  panio,  it  waa  assumed  by  tbe  whole  bo^ 
of  the  people,  who  in  such  a  oaaa  were  sud — Saga  tmnere — Ad  Saga  ire — fa 
Sagis  este.  It  seems  to  have  been  worn  by  oMc«rs  as  well  aa  common  aoldicrs, 
(or  we  find  the  garment  of  the  latter  sometimes  distinguished  aa  GrtgaU  Saffwn. 
Tfaa  characteriatie  diess,  however,  of  the  general -in- chief  and  his  staff,  was  the 
Paludamentum,  which,  although  less  cambioua  thao  the  Toga,  was  more 
ample  and  graceful  than  the  Sagiim.  When  a  Romao  magistrate  quitted  the  city 
to  take  the  command  of  no  army  or  of  a  Frovioce,  he  threw  off  the  Toga  as 
soon  aa  he  had  passed  the  gates,  and  assumed  the  Paludamentum,  Hence  he 
was  said — Exire  paludalwi,  and  on  auch  oocauons  he  waa  nsually  preceded  by 
Lieloretpaludati. 

The  Caliga  waa  a  shoe,  or  rather  a  sandal,  worn  by  the  conuDOD  eokliera, 
who  are  heuc«  termed  caligatt,  and  ia  used  fignntively  to  denote  service  in  tlie 
ranks.  Thus  Seneca — Mariiaa  CaUga  dimuitt  Contulatut  txereet.  (De 
brev.  Tit.  17.)  AgWQ — Ingratiu  C.  Marias,  ad  Coniutatum  a  CaUga  per- 
ductu*.  (De  Benaf.  V.  16.)  And  Fltoy — lueentam  inopem  in  Gd^  miUlari 
toleraae.  (H.N.  VII.  13.)    It  waa  very  heavy,  and  Btodded  with  naUi.     Henee 


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


KOtfUt  ASHT — WLTTABT  BSXM,  453 

Juvenal  ennmerata,  among  the  inconveiiicnora  of  jostling  in  a  crowd — Plania 
m<Kc  undiqiie  magna  =  Calcor  el  in  digito  clavus  mihi  mililU  haertt  (3.  III. 
248.) — and  again,  when  descanting  on  the  foUj  of  eiciling  the  hostility  of  a 
throng  of  soldiers — Cum  duo  cntra  habeas,  offaidere  tot  caligas,  tot  ^  Millia 
claeonim  (S.  XVI.  24.)  Caius,  the  son  of  Gennanicns,  wlio  was  reared  in  the 
camp,  wore  the  Caiiga  when  n  child,  out  of  compliment  to  the  goldicn,  and  hence 
acquired  the  nickname  of  Caligula,  by  which  he  was  fBrniliarly  distinguished. ' 
It  must  be  observed,  that  tlie  most  «lriking  iliustratioiis  of  military  coetunu 
and  equipments  contained  in  Montfancon,  and  other  great  works  upon  Anti- 
quities, are  derived  to  a  great  extent  from  the  sculptures  upon  Trajao'e  colamn, 
and  therefore  depict  the  soldier  of  the  empire.  We  have  given,  in  p.  436,  repre- 
sentations of  two  legionaries  and  a  standard- bearer,  and  ne  now  subjoin  a  figure 
of  the  Emperor  himself  in  his  dress  as  a  general,  and  also  of  a  stone  caster  and 
of  a  slinger,  all  taken  from  the  monument  in  question.  These  show  clearly  the 
general  aspect  of  the  common  legionaij  soldiers  and  also  of  the  irregular  troops. 
The  cloak  worn  bj  the  Signifer  is  probably  the  ordinaiy  Sagum,  while  that  of 
the  Emperor  is  unquestionabl;  the  Poludammiam. 


II. — Ships  and  Naval  Vaopase.  ' 

In  no  one  of  the  ai\a  which  have  been  practised  by  mankind  from  the 
earliest  times,  was  the  infeiioiit;  of  the  ancients  to  the  modems  more  conspicuoDS 
than  in  Navigation.  Even  tliose  na^ons  which  became  most  celebrated  for  their 
skUl  in  this  department,  scarcely  ever  attempted  to  keep  the  sea  during  winter, 
but  were  nont  to  haul  dp  (saMacere)  iheir  f essek  upon  dry  land  towards  th« 
close  of  autumn,  and  not  to  haul  them  down  {dedwtre)  to  sea  until  the  stonn; 
equinoctial  gales  of  spring  were  past,  operations  which  tbey  performed  b;- 
machines  (^Trahimtqjie  aicaamadiinae  carinas)  called  Phahxngae,  consisting  of 


Inrnrnatlon  -III  h.  fDund  In  i  ^nll>  puliliihid  nrk  bjMr  BmiUi  of  Jonii 
Thi  VinnttandShipif'KkaflH.  f »W.  Lon.  IStt. 
s  [I>r.  C.  I.  It.  1,    v*rrai|L  Nun.  %,t.  paUugw.  p.  III.  vdGcrL 


454  SHIFfl. 

A  Bjitem  of  rollers,  u^g  probably  lomeiTbat  in  the  eatoe  maruier  u  what  is  now 
oolled  ft  patent  slip.  The  Bomons  eepecislij,  notwittulsndiag  the  great  extent 
of  sea  oaast  presentefl  bj  Ilalji  never  became  addicted,  a»  a  people,  to  maritime 
pnnaits;  and  in  all  matters  connected  nith  uaatical  affairs,  were  tar  larpaised 
by  the  Fbceniciaiu  and  Tprhenians  of  the  earlj  ages,  and  bj  the  Athenians, 
Carthaginiana,  Cretans,  and  Rhodians  of  a  later  epoch.  Hence  we  sball  not  be 
larpiisfld  to  find  their  language  very  defec^ve  in  the  technical  tenns  oonnected 
with  ships;  and  althongh  ancient  TEsaels,  espedallj  in  so  far  as  Che  ngging  waa 
□oncem^  were  mflnitd;  more  simple  in  their  atmctore  than  those  Dow  in  me, 
there  are  manj  easeatial  parts  which  wa  never  find  named  in  any  lAtin  claatfcal 
author,  and  several  otheis,  preserred  In  the  grammarians,  which  have  been 
borrowed  wi^out  change  from  the  Greek. 

All  sea-going  vessels,  throwing  out  of  view  for  the  preaent  mere  boats,  ekiS^ 
and  smalt  craA,  may  be  divided  inta  two  claaies,  with  reference  to  the  pnipOMi 
to  which  they  wen  applied. 

1.  Merchantmen.  Qfava  taercatoriae — oturariae.) 

2.  Ships  of  War.  QfavabtiUcae — longae — rostralae — a^atae.) 

The  former  were  propelled  chiefly  by  sails,  the  latter,  alchongh  often  fuDy 
rigged,  depended,  in  all  rapid  evolutions,  apon  rowen,  of  wbom  they  carried 
great  nmnbers. 

TTe  shall  first  deecriba  an  andent  ship  generally,  including  those  parts  which 
were  common  to  both  classes,  and  then  point  out  the  pecuUaritieB  which  dis- 
'  tingnished  the  war  galleys. 

Every  ship  (Noma)  may  be  regarded  as  oonsitting  of  two  parts :  1.  the  Hull, 
(Alveta,)  and  2.  the  Tackling  (ArmamaiUi.y 

AItchi.— The  Alvcui  was  made  up  of,  1.  The  Keel  (Carina.)  2,  The  Frow 
or  forepart  of  the  eliip  (Prora.')  3.  The  Stem  or  after-part  of  the  ship  (i^ppu.) 
4.  The  Hold,  (Aiveas  in  its  restricted  sense,)  which  contained  the  ca^o,  crew, 
and  ballast  (Soburra.)  The  Well,  or  bottom  of  the  Hold,  was  called  Saitma; 
into  this  the  bilge-water  {Nautea)  drained,  and  was  drawn  off  by  a  pump 
(Amtlia.')  The  Kihs  or  6ame-woi4  were  termed  Costae  or  StaOtmaia ;*  the 
Flanking  Tahuiat,  tbe  seams  of  which  were  payed  with  wax,  piloh,  or  similar 
Bubatances  (hence  Ceratae  puppes.)  Undecked  vessels  were  Nauet  merlae,  as 
opposed  to  Nai>es  teefat  a.  conttratae,  the  decks  themselves  being  Thhubila  a. 
PtmUs. '  Very  frequently  vessels  were  only  partially  decked,  and  tbe  sailors 
passed  from  one  end  to  the  other  by  means  of  gangways,  (Fori,)  or  from  side 
to  udo  by  cross  planks  (Tratutra  s.  luga.)  The  i^ori  and  Tranttra  served 
also  as  benches  for  the  rowers,  * 

ArmameBUt. — Of  these,  the  most  important  were— 

1.  Anchorae,  the  anchora,  of  which  there  were  usually  Bevar»l, 'resembling 
closely  in  form  those  now  employed,  fitted  with  oables  (ATicoraiia.^  The  anofaor 
was  thrown  from  the  prow  (,^ncora  de  prora  ioctfur)  when  the  ship  waa 
requu^  to  ride,  {Conaatere  ad  ancoram — ttart  s.  expecfarc  in  ancoru — 
(mere  navem  in  aitcora,)  and  on  going  to  sea  was  wtigbed  (Ancorotn  tolfere 
s.  VeUere,  or  in  tbe  case  of  great  haste,  Fraeeidere.)     A  ship  in  barfaoqr  was 

1  Alrmi  (nd  Armawtmla  lUsd  eppaHd  la  *vA  rtthv  tn  LIt.  XXZin.  M. 

*  VlL  FlMfl  Vlil.  ^    Tostt.  Ann.  IL  S. 

4C»cA>B«    Iildoi.XIZ.lLlS.    Vlrg.Xa.Vltit.    CbuU.  p.  la  •&  PetaA.    IN«. 
■wd.  n.  SI*,  cd  PalHh. 
*(r  Th.  ihip  In  vlilah  St.  Put  HIM  ta*d  Knr.  ( Act.  Apect.  utU.  «> 


.  Cooglf 


moored  by  h&wian,  {Sttinacula—Orae,)  '  wlilch  were  miloasad  irbai  the  Aip 
wait  out,  and  henoe  tiia  phruei — Oram  retolvere — Pfoneru  wb«rs — or  umplj 
&iIo«r« — gignify  lo  ttl  taU. 

2.  Ovibemaevlum,  the  nidda,  with  the  CUana,  iu  handle  or  tilW.  *  TIm 
indent  rudden  were  not  hinged  to  the  itsni 
poets  at  onrs  are,  but  were  what  are  teohnioallj 
tenned  paddUrhtbns,  and  of  these  thve  were 
nsnallj  two  in  the  ebip,plaoedoneoneachnde 
of  the  stem.  A  rndder  of  this  kind  is  seen  in 
the  annexed  cut,  taken  from  a  tomb  at  Pompeii, 
and  ships  were  commonly  steered  in  this  mao- 
Der  as  late  as  the  faarteenth  oentoi?. 

3.  Mali,  the  masta,  with  theii  yarda,  (^n- 
teimac  s.  bracMa^')  whose  extremities,  the  yard 
arms,  were  termed  Antennamm  comaa.  The 
mast  rested  in  a  socket,  or  step  called  Modiut,^ 
and  high  np  above  the  main-yard  the  mast  was 
embraced  by  a  sort  of  cnp-sbaped  cage  called 
tm,*  corresponding  to  what  is  now  termed  a  top.  It  served  as  a  look- 
oat  place ;  and  in  sliips  of  war,  men  and  militaiy  eoginea  were  eometiines  sta- 
tioned in  the  Carckesium  to  command  the  decks  of  an  opponent.  The  shipi  of 
the  andenla,  even  when  oflarge  Nze,  bad  seldom,  if  ever,  more  than  two  maeta, 
and  the  second  mast  was  nsnally  very  small,  and  placed  very  far  forward.  The 
masts  were,  especially  in  smaller  vessels,  often  made  moveable,  and  might  be 
stepped  or  nnstepped  at  pleasnie,  whence  the  phraser — Malum  altoUere  a, 
erigerr,  and  M.  ponere  b.  inclinare. 

A.  Vela,  the  sails,  called  also,  from  the  materials  of  which  they  wen  fabri- 
cated, LmUa  or  Carbaia.  There  was  nsnally  one  very  large  square  sail 
^Acatium)  on  the  m^maet,  and  above  it  was  hoisted,  in  calm  weather,  a 
small  topsail  (Sapparvm  s.  Suppara  velorum.') '  The  saQ  attached  to  the 
foremast  {Veto  prora  tvo)  was  also  very  small,  and  seems  to  have  been  tenned 
DoUm  or  ATtemon.  *  Pliny  allndes  to  a  miien  aail  also,  called  Epidromo)  by 
tsidoms,  but  how  it  was  rigged  we  know  not— /am  vera  nee  vela  latit  esK 
maiora  nainffiis,  ud  quamvit  ampliladini  antennarum  tingidae  arborex  tuffi' 
ciant,  taper  eai  ianten  addi  velorma  aUa  vela,  praeterque  alia  ia  prorit,  it 
alia  in  puppibas  pandi  ae  lot  modis  provoeari  mortem. ' 

6.  F^mea  s.  Rildentti  are  words  which  comprehend  the  whole  rigging,  whether 
standing  or  running.  The  ropes  specially  named  being  Ibe  Peiks,  that  is,  the 
ropes  attached  to  the  two  lower  cmiers  of  the  square  sail,  what  are  now  tenned 
the  Atets  and  lacica,  the  tack  beinz  aometimei  odled  Propes, '  to  distingnisb  it 
from  Ibe  Pea,  or  sheet  proper — the  Optxphorae, '  or  braces  attached  to  tha 

1  Tha  Htborittot  for  On  Id  ih*  hdh  at  ■  eain  n  ikwHr,  in  Uv.  XXIL  W.  XXVUL  M. 
QohiilL  IV.  L 

iliS'r.Xnt.'ll,  B,  "" 

SLiHsll.ip>MDn.>.T.  CiiraUiia,p.  niadOvl.    fan.  ad  Tlr(.  Zn.  T.  JT-    ApaliL  FlorU. 

t'ltUoT.  XIX  111.  1.    Lnenn.  T.  US.    »M.  1.  UL  H.  IT.    ICBM.  Epp.  LXXVn    Fat.  a. 

t.  SmpparUM,  Snpparvm  ^p.  310.  IMO. 

T  PllL  H.N    XIX.  pnwn.    Itldor.  Lt 
sliidor.  XIX  l>.  a. 
*  UdoT.  XIX.  4.  s. 


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456  IHIFS. 

•xtraini^  of  the  Tard,  bj  whioh  it  wu  trimmed — tlie  CcrufAi','  which  ittiBhen 

the  Ivro  extremities  of  the  jsrd  to  the  top  of  tlie  mast,  and  the  ^nguino,*  whieh 
attached  the  centre  of  the  jsnj  to  the  top  of  the  man.  The  lai^  ropea,  iiow 
called  ita;Fe,  which  sopport  the  maat,  were  cailed  -rfiTatoi  hj  the  Greeki,  but 
the  Latin  nonie  does  aot  occur,  Remuictim  \caa  a  haweer  used  hj  cue  resHt 
when  towing  another, 

6.  Remi,  the  oara,  the  flat  hiadea  of  which  were  the  palmvlae  or  loiuae, 
were  attached  eaisli  to  itl  thole  or  pin,  (sealmiis'  b.  paiillui,)  hj  a  leather 
Jlrap  called  Mtroplta  or  itruppus,*  the  r^o'^wrif  of  the  Greeks. 

Soigne  b.  Figura  (Tmfuanftat)  waa  tlio  figurc-hfad  attaclied  to  the  prow, 
which  gave  its  name  to  the  ship,  in  addition  to  which,  the  bowB  were  Creqnentlj 
decora^  with  an  e/e,  represeatcd  in  painting  or  carving,  and  both  the  Btem  and 
■tern  generallj  terminated  in  a  tapering  ezleiuioa  which  was  ehapcd  bo  as  to 
re*emble  the  head  and  neck  of  a  goose,  and  waa  hance  tcrmol  CAenwnu 
(xt'i'xtt-)     See  cat  in  p.  4sh. 

Aplailre  (pi.  ApUittra  a.  Apliatria.)  This 
waa  a  decoration  made  of  wood,  attached  to  the 
■tern,  and  bearing  a  resembbuico  to  a  plume  of 
feathers.  We  have  notliinjr  corresponding  to  it  in 
ordinary  modem  ships,  bnt  it  ia  an  object  constantl;  i 
represented  upon  ancient  sculptures  and  medals,  1 
ma;  be  seen  in  the  annexed  cut,  taken  irom  a  large  1 
braes  of  ComniodnB. 

SaceUuta.  In  the  after  part  of  the  vessel  also 
was  a  niche  or  small  chapel  containing  images  of 
the  god  or  gods  to  whose  protection  the  vessel 
was  consigned,  (ingenlei  de  pnppe  deos,)  and  hence 
thia  part  of  the  ship  was  named  T^Ula. 

VeiiUiira — Taenia — Fascia,  were  used  to  deugnate  a  small  streamer  attached 
lo  a  polo  placed  sometimea  oo  tlie  prow,  and  sometimes  on  the  stern,  whieh 
•erred  as  a  vane  lo  indicate  the  direction  of  the  wind.  See  the  cat  given  above, 
and  the  coin  of  M.  Antonius,  in  p.  444. 

Nbv«  iabbkc.— Ships  of  war  differed  from  merchant  ships  in  their  general 
form,  being  long  and  narrow,  in  order  to  ensure  speed,  while  the  latter  wen 
broad  and  round  so  as  to  afford  capacious  stowage. 

The  lending  charact eristic  of  the  war  ships  of  the  andenta  waa,  that  thejr 
were  galleys,  depending  upon  rowers  chiefly  aa  the  propelling  power,  iSemia.  an 
oar — Remex,  a  rower — Remigium,  the  whole  rowing  apparatus,)  and  they  wen 
rated  according  to  the  number  of  ranks  of  oars  ^ordinu  rtmorum.)  Thna 
those  vessels  which  carried  one  rank  of  oan,  (jjuae  $implice  ordine  agtbantur^ 
were  called  Monocrota  (jtattti^iiij — two  ranks,  Urema — dicrota  s.  dicroCat 
(iii(iis) — three  ranks,  firemes,  (T»q;iic) — four  ranks,  iptadriremealTiTfifiii) 
— Gve  ranks,  qainqutrema,  [Tt>T)ieuc>)  and  ao  on  for  higher  nambMa. 

Xo  question  oonnected  with  the  mechanical  cotitrivancea  of  ancient  times,  haa 
given  rise  to  greater  discoseion,  than  the  manner  in  ivhich  the  ranks  of  oars  were 
arranged.  The  ordinaiy  supposi  ion  that  they  wero  placed  in  horizontal  tiera, 
one  row  directly  above  another,  occasiona  little  difficulty,  if  we  do  not  go  beyoad 

t  ,<>i«iiJn<fr.>ndDolaiKiliifw,liIta*lnMrHdlii(lBKin.p.x;.  ■Milulildw.XIZ.lT.  V 


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SHIH.  4&7 

two  or  even  three  rows,  hot  the  lengtli  anil  weight  of  ihe  oua  belonging  to  the 
upper  tier  oT  a  quinquerenie  must  have  been  inch  aa  to  render  ihem  mott 
nnwieldy,  if  not  nitogether  nnmHimgeable,  and  when  nc  come  to  deal  with  ships 
of  six,  seven,  ten,  sixteen,  and  even  fort?  rows  of  oais,  nhich  ut  mentioned  bj 
Uident  writen,  the  difficulty  becomes  absolute!/  maopcmble.  Nor  do  anoient 
monuments  afford  mnch  aid,  for,  alLhongh  the?  abouod  In  representations  of 
■hips,  Ihe  figures  are  not  nifficientlj  distinct  to  render  effectual  assislance,  bat 
it  cannot  be  concealed  that,  aa  far  ns  they  go,  thej  tend  no  support  to  any 
opinion  which  suppoKs  the  oura  to  have  been  placed  otherwise  than  in  parallel 

Rotlntnt  (ififi<i>koi.)  Another  chancleriGticora  ship  of  war  was  Ihe  liotlntm, 
a  huge  eplke,  or  bundle  of  spikes,  made  of  bronie  or  iron,  projecting  from  the 
bow  of  the  vessel,  on  a  level  with  or  below  the  water  line.  The  puipose  to 
which  this  instrument  was  applied,  u-ill  he  expliiined  below. 

Propngjiaada.  Tarra. — Towere,  or  elevated  plalfonns,  were  occasionally 
erected  on  the  decks  of  war  gallevg,  which  were  manned  with  soldiers,  who 
ponred  down  darts  and  other  missiles  upon  ihdr  opponents,  inch  vessels  being 
termed  Niwu  Turrilae. 

CrcwsfmMhip. — The  crew  of  a  merchant  vessel  are  usually  designated 
simply  fts  Naulae,  the  pilot  was  called  Gubemalor,  and  mi^bt  or  might  not  be 
at  the  same  time  the  commander  of  the  veaocl,  the  Maguter  ftavu,  who  is 
sometimes  designated  by  the  Greek  word  Naucleruii.  The  captain  of  a  ihip  of 
war  was  called  Prae/ectui  or  Navarc/ita,  the  admiral  of  a  fleet,  Prae/tcliu 
Classh,  and  his  ship  Navii  Praeloria.  The  rowers  {^Remigeli)  as  well  aa 
those  vi')io  navigated  and  fought  tbe  galleys,  were  comprelicnded  ondcr  the 
expression  Navalu  Soeii  or  Clauiei.  These,  especialij  the  rowers,  were 
frequently  slaves  or  frcedmen,  and,  as  in  the  case  of  the  land  forces,  a  certain 
number  were  fhrniahed  by  the  allied  states  and  by  the  Coleidae  Mafitimae.  In 
addition  to  the  Socii  NavaUs,  there  were  always  a  considerable  nnmber  of 
regular  soldiers  on  board,  who,  when  Ihe  Romans  first  engaged  in  tiava) 
warfare,  were  ordinary  troops  of  the  line,  but  were  aflerwaids  raised  as  a 
separate  corps  (in  elaaem  tcripli)  from  those  classes  of  the  citizens  whose  forlune 
did  not  entitle  ihem  to  serve  in  the  legions.  These  nisrincs  are  generally  styled 
Clawiarii,  or,  by  adoption  of  the  Gn-ck  equivalent,  Epibatae;  and  under  tha 
empire,  when  two  fleets  were  constantly  liept  ready  for  action,  i>ne  at  Ariminum, 
and  tbe  other  at  Hisconm,  they  wore  organized  in  Iceions  (Legio  Ciaraico.)' 

NavBl  W«rt«re.— When  two  ships  engaged  individually,  if  tolerably  well 
matched,  tbe  great  object  aimed  at  by  each,  was,  either  by  running  up  suddenly 
alongside  of  the  enemy,  to  sweep  away  (tUttrgtre)  or  disable  a  hu'gc  number  of 
bis  oars,  or,  by  bearing  down  at  speed,  to  drive  the  Rostrum  full  into  his  side 
or  quarter,  in  which  case  (he  pliinlis  were  generally  stove  in,  and  the  vessel 
went  down.  But  if  one  of  the  parties  was  so  decidedly  inferior  in  seamanship, 
as  to  be  unable  to  cope  with  his  antagonist  in  such  maoocuvru,  lie  endeavoured, 
as  he  approached,  to  grapple  with  him,  and  tlicn  the  result  was  decided,  as  opon 
land,  by  the  numbers  and  bravety  of  the  combatants.  It  was  in  this  way  that 
the  Romans,  under  Duillios,  achieved  their  firrf  great  nnval  victory  (C.C.  260) 

1  Uv.  XXI.  4S,  ML  XXIL  II.  »  XXIV.  II.  XXVI.  IT.  sa.  4a  XXVIL  a.  XXVIIL  u. 
XXIX.  t^XXXIin.  XXXVL  M.  XXXVII.  I&XLTI.<S.  Oo.  tn  V«t.  I.n  ILUl  iu 
■av.ii.s4.    Wrtdtbtll  Alii.]i.<Ut»ii,Amc  wn.    TmoIL  Ann.  IV  t  VT.  XIV.  8.  :iv. 


458  WM. 

Oitt  the  CaithaginiMU,  to  whom  they  were  at  that  time  br  inferioc  in 
DODtiial  experieoM  and  skilL  The  machiues  employed  (i=  thia  oocaaion,  called 
Corvt,  hsTB  b«ai  rauiDtaly  dMoribed  by  Polybioi;  (I.  22;)  and  grapplmg-hookg 
and  gear  of  THiom  fonna,  (Manta/erreat  aUpie  Harpagmia,)  are  inaideotally 
meoliooed  in  tin  detcriptiana  of  aea-Gg:hla  reciniled  by  andent  irrilen.' 

We  sabjMn  an  imaguuur  reprca^tation  of  an  andent  ship,  taken  from  the 
iroik  otSA^ec,  wbk^  wiUaerreto  explain  the  raUtiva  poaiUon  of  the  different 
paria  deaoribed  above. 


Id,  Alveni ;  hb,  Prora ;  ce,  Fuppia  ;  d,  Gnbemacnlnm ;  e,  Ualos ;  ff,  An- 
nas; gg,  Cornna;  A,CBroheaium;  kk,  Acatinm ;  U,SDpparam;  m,  I>[^(?); 
PedM ;  00.  Oiuqibraae :  pp,  Cenichi ;  ^,  ^^irtni. 


m.K  VIL  n.    IHaa  Caw.  Z1.IX.  a  L.  n 


Lii.  XXVI.  n.  XXX.  It 


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SEFERENCES  TO  CHAPTER  XII. 


The  Mllltaiy  and  Naval  Affairs  of  the  Bomans,— I.  HUitair 
Affairs. — Mkrqnardt,  ROm.  StaatmtTiBi:Uta7ig,  II.  p.  319,  aqq.  Cunpe, 
DoA  KritguBtMn  der  ROmer,  Greiffenberg,  1S6I.  Ilanurre,  JM  la  miiKe 
rontaitte,  ftm,  1863.  Hardy,  L'art  de  gutrre  eha  la  Romains,  Pirii,  )S'9. 
Cal^Die,  Organi»ation  miiUaire  da  Romaiiu,  Farif,  ISSl.  FoDtune, 
L'arm^  rKtmaine,  P&rii,  1S83. 

Lerylng:  Soldiers.— ^lUIIer,  Die  Aufhebung  «nJ  dai  Vtrhditnut  der 
Legionea  xu  den  'J'ribiu  (Fhilologim,  1871,  p.  Ill,  aqq.).  Klopsch,  Der 
DUtitui  w  Sam  bii  sxni  Btginae  dtr  bUrgerlichat  Unruhea,  Itiehoe,  18T9. 

LeglO. — Steinwender,  Die  SiHrke  der  rOm.  Legion,  Ac,  Marieaburg, 
1873;  J)it  Entaidxivng  det  ManipulanoeKni  (Z«iUcbr.  fijr  dsB  Gymn.- 
Weun,  XXXII.  p.  TOe,  Bqq).  Froelich,  Batrdge  zur  Oeackichte  der 
Sriei^iilining,  Ac.,  Barlin,  1686.     SteinweDder,  Dannuvuriache  VerhSllniHt 

antKwncivex  and  >oeU,  &c.,  Marienburg,  1879.  Mommaen,  Da»  Vtneifh- 
niw  der  itaiitehen  WehrJUhigen  aua  deal  Jolirt  539  d.  St.  (Hermea,  XL 
p.  49.  Bqq.).  Marcln,  Pe  ali>,  Ac  (Jahrb.  f.  Fhilol.  Soppl.  XV.  p.  1, 
•qq.).  Steineoke,  De  eqvitalv  romano.  Hallo,  1864.  Madvig,  Kleine  phitol. 
Schriften,  Leipzig,  1875,  p.  541,  aqq.  Geppert,  De  tribunis  miiiium,  Berlin, 
1872,  WilmBQna,  De  praf/ecto  costrnrvm,  *c.  (Ephem.  Epigr,,  I.  p.  81, 
sqq.).  MommgeD,  Woniina  et  grculut  ceatarumum  (Epbem.  Epi^.,  IV.  p.  226, 
«qq.).     Brunckc,  Die  Rangordnvng  der  Cenlttrioittn,  Wolfenbilttel,  1884. 

Praetorlanl  — MominBen,  Die  Oardtlmpptn  der  rffm.  Repubtik  and 
der  KaiatneU  (Hermes,  XIV.  p.  2.J,  Bqq.i  lliO ;  XVL  p.  643,  aqq.).  Bohn, 
Ueber  die  Heimat  der  Praeioriamr,  Berlin,  18S3. 


i.  Die  Fahnen  ini  rdm.  Heere, 


HEFEBESGES. 

Peine,    Dt    ornamtati*    friumfAattbiu, 


Encampments. — Muqnelei,  tladt  aur  la  aulramiltU'um  da  Jiomaiiia, 
Paris,  1SH4.  Niuen,  Jtan  aUrftmitche  Lager  nach  Poigbiot  (Jahrb.  fUr 
Philol.  1881,  p.  129,  Bqq.).  Hunkel,  Baa  rOm.  NormaUaqer  zar  Ztlt  ik» 
Fclybioi  (jMhrb,  tilr  FbUoL,  1880,  p.  737.  sqq.};  Das  aUrOmtKhe  Laqer 
nach  Foisbios  (J»hrb.  fUr  Philol.,  1881,  p.  S57,  «qq.).  HygiBi  frromatki  libir 
de  musUioBibut  caalroram  beratugeg.  und  rridiirt  von  Alfred  von  Domaazcwski, 
Leipzig,  1887. 


IL  Sblps  and  Naval  Warfare.— Huqawdt,  SSm.  SlaalntrmaUvng, 
IL  p.  495,  sqq.  Gnuer,  De  vttrram  re  nanifi,  Berlin,  13M,  a.  FhiloL 
Suppl.  III.  2.  Feirero,  L'ordinamtnto  dtlU  armalt  Romane,  Torino,  ISTS. 
Jurien  de  la  Oravitre,  La  marine  dei  PUilitniei'  tl  la  marine  det  Romaint, 
Paris,  1885.  Breuaing,  Die  Nautik  der  A  lUn,  Bremea,  1886.  GuglMlmotti, 
Delie  due  navi  remani  Kolpile  sui  boMnorilievo  porluenae,  Roma,  IsSs. 


^oiizodbyGoogle 


CHAPTER  Xin. 


KOKAN  WEIGHTS  AND  MEASURES— COINS— <!OMPDTATIOK 
MONEY— INTEREST  OF  MONEY. 


A  TUt  Dumber  of  elaborate  treadsca  hnvc  becD  compoaed  on  tlie  subjecta 
ommgnUed  in  the  title  to  this  Chapter.  We  must  conieut  ourvelves  irith  etsting 
the  geueral  reetilts  at  which  the  moet  patient  and  acnte  inqniren  have  arriTed, 
without  sttempling  to  enter  into  the  lengthened  and,  in  many  cases,  very  com- 
plioated  inveetigationt  opon  which  these  cohcIusIohb  are  founded, ' 

I.  Weiohts. 

As. — The  unit  of  weight  was  the  As  or  Liiitu,  which  occnpied  the  same 

portion  in  tlio  Roman  sjstem  as  the  Foubd  does  in  oar  own.    Accoiding  to  the 

most  accurate  researcbea,  the  Aa  waa  equal  to  aboot  11}  oi.  Avoirdupois,  or 

.7376  of  an  Avoirdupois  Pound. 

IMrlslaai  iwd  MBlUplu  aflkc  Aa. — The  A)  was  divided  into  12  equal 
parts  called  Unctae,  and  the  Uncia  was  divided  into  24  equal  pails  called 
Scrupula,  the  Scnpnlum  being  thus  the  jjg  part  of  the  As.  The  following 
nomenclature  was  adopted  to  diatinguieh  vaiioai  moltiples  of  the  At,  Unda, 
and  Scrupulum : — 

Ditrisioni  of  tit  Uncia. 
Semmieta,...  =  ^  Uncia   =  ^  As. 


462  wEioirre — limeai.  ueabubes. 

"n*  Dradima  md  the  Oboliu,  which  tien  properiy  Greek  weigbta,  m  ooea- 
tfonallj  employed  b/  Boman  writen — 

The  DrucAnta  was  reckoned  BE  ^  ^  of  the  Uncia  ^  /^  of  the  j1«. 
The  Obolut  —  =^         —         = ,),        — 

Tbe  term  Aa,  and  the  wordi  which  denote  its  diviaiaiu,  were  not  confined  to 
weight  alone,  but  were  applied  to  meaaurea  of  length  and  capadty  also,  and  in 
eeneral  to  any  object  whidi  could  be  regarded  as  conabUng  of  12  eqnal  parts. 
Thus  they  were  commouly  used  to  denote  the  shoree  into  which  an  iaheritance 
was  divided.  When  an  individual  inherited  the  whole  property  of  another,  he 
wu  dciignMed  aa  Hera  ex  aue ;  if  one-half,  Here*  ex  lemiae ;  if  oiM-third, 
Eeres  ex  triente.  Sea. ;  Cioero  will  supply  (Pro  Caedu.  6.)  an  excellent  examine 
~Teetamento /ado  muUer  morilur.     Facit  heredem  ex  detcnce  et 


Caedna  inbetited  11  Utwiae  and  a  Setnunda,  =  llj  C^nct>i& 

FoleiniDa    —       2  Sexbdae, ^     |      — 

.£bntiai     —       1  Sextuia, =     gf      — 


n.  HSUUSBB  or  IiKtHHB. 

Pes. — The  unit  of  Lineal  MaasuTe  was  the  PEa,  whioh  oocained  the  Mma 
place  in  the  Boman  ijstem  as  the  Foot  doea  in  our  own.  Aooording  to  tlM 
most  accurate  leeeonJiea,  tbePefwas  equal  to  about  11.64  inches  imperial 
meatnre,  or,  .97  of  an  English  foot. 

The  Pes  being  suppoaed  to  repretent  the  leng;th  of  the  foot  in  a  well  prop<nv 
tioned  man,  vanoos  illvisions  and  molciples  of  the  Pet  were  named  after  stan- 
dards  derived  from  the  human  frame.     Thus — 

Pu, :=  16  Digiti,....  i.e.  Finger-breadths. 

—  =    4  Palmi,..,,  i.e.  Hond-breadlha, 

,    ,  rsAitut   J''*'  '^"Rt''  fr"""  olbow  to  eitremily  of 

'        "-"W""!  ■^     middle  finger. 

The  Pe*  waa  alao  divided  into  12  PoUica,  i.e.  thumb-jobt-leogtba,  othemiw 
ealled  Uneiae  (whence  oar  word  inch.)  When  [he  division  of  the  Pm  into 
Un^ae  waa  admted,  then  the  different  divigions  of  the  Pe»  from  one  Unda  up 
to  twelve  were  deagnated  by  Che  namea  given  in  the  preceding  section  for  Ilia 
diviskma  of  the  As,  via.  tbe  Demm,  Dtatata,  Ico. 

The  mearare*  longer  than  the  Pm,  in  common  me,  wen — 

Pabngies, =      \  Pt*  +  \  PoAnut  =  SO  D^' =;  15  U»eiae, 

CMtlui, =      1  Seipiiapet, =  S4  D&id  =  18     — 

Grains, =    ^  Pedtt, =.i.Omgiti. 

Pauus, ^       bPeda, ^    2  Gradut. 

i>e(Mnip«da  s.  P<rt)ca,  =    10  Pedet, =    2  Pamu. 

ActuM, =  120  P«*M, sK  12  }>ecempedat, 

itm  Pamuan, =5000  Peda, =  1000  PMnu. 


".OOglf 


Then  WM  alw  a  Pabinu  noior  =  8  Pahsi  =  12  Vigiti  =:  9  PolUceM  or 

li  kppean  fiom  thii,  that  ainoe 

The  £nglkh  statute  mUe     —  1760  yarda —  5280  Englhh  feet 

Tbe  Bomtn  mile    —  6000  Eomui  feet  -=  4850  Engluh  feeL 

Tberefon  the  Eoman  mile  is  shocter  than  the  English  mile  by  430  Engliih  feet, 
or  144  yatdi  Qearlr. 

Ulnat  \he  Gicek  uhirr,,  from-wbich  the  English  word  Eli  ig  derived,  varied 
in  rignification  wben  lued  to  indicate  a,  meunre.  SomBlimn  it  n^resenta  the 
diatanc«  from  the  ahoolder  to  the  wrin,  eometimea  from  the  shoulder  to  the 
extremity  of  the  middle  finger,  aometimea  it  ii  regarded  u  lynonymoua  with 
Cabitiu,  and  aometimea  it  deoolee  the  distance  between  tho  tips  of  the  middle 
fingers,  when  the  arms  are  stretched  out  in  the  same  plane  with  the  body,  La. 
the  full  extent  which  can  be  embraced  by  the  ontatreldied  arms,  in  whit^  oate 
it  would  be  held  as  equivalent  to  6  Pedea. 

In  applying  tbe  divisions  of  tbe  As  to  meaaam  of  length,  the  Pa  was 
regarded  as  tbe  As  and  the  PoUex  as  the  Uncia.  Hence  we  read  in  Colamella 
(in.  19.) — DuroHSio  ST  dodrante  alljis  salcat,  Le.  a  ditch  2  feet  9  inches 
deep  ;  and  again  (VI.  lO.y^Habtt  in  latiludinem  pars  prior  DIIFOHDnni 
aCKiBSKH,  le.  is  two  feet  and  a-half  broad. 

in.  Hkasdbbb  of  Sl'kface. 
We  have  seen  above  tluit  the  lineal  Actus,  which  waa  tbe  normal  length  of  a 
furrow,  was  120  Boman  feet ;  the  Aciui  Q^iadralui  was  a  square,  whose  aide 
waa  a  lineal  Actas;  a  Iitgemm  consisted  of  two  Acliu  put  together,  and  was 
therefore  a  rectangular  plot  of  ground  240  Roonan  feet  long  and  120  Roman 
feet  bnad.  Keducing  Soman  feet  to  Engliah  feet^  it  will  be  found  that  the 
lugerunt  containa  27097.92  square  feet  English,  while  the  English  Acre  containa 
43560  square  feet;  hence  the  Koman  lugentn  was  less  than  j  of  an  Engliab 

LcM  fk^qneotly  mentioned  than  the  Iiaenim  ai 
the  Cmtaria  —  100  Heredia  =  300  Ivgero 
nae  —  800  lugera. 

We  hear  also  of  the  Versw,  which  oontaioed  10,000  square  feet,  and  the 
Actus  mtnimtu,  wbich  oonliuned  480  aquace  feet. 

In  applying  tbe  divisions  of  the  As  to  meaaurea  of  sortlice,  the  lugentrn  was 
regarded  as  the  As,  and  fractions  of  tbe  lugerum  were  represented  by  the  sub- 
diviiions  of  She  As.     Hence  we  meet  with  such  expression  aa  the  following 
(Liv.T.  24.) — -Tnumviri  ad  id  cnali  TBitifA  icobra  ei  SBnUHCKS  virUist    ■ 
diviteroRt,  i.e.  aamgnnd  to  each  individual  aeven  Jugeis  and  ^  of  a  Jngcr. 

IT.  Mbabuxes  of  Capacitt. 

The  mut  of  Capacity  waa  the  Ajipkora  or  Quadrartai.,  wbich  contained  • 
cubic  foot,  and  therefore,  aooording  to  tbe  oompntation  of  the  Boman  foot  givtc 
above,  moat  I'ave  been  equal  to  6.687  imperial  gallous,  or  6  gallons  2  qnarU 
1  pint  2  gilla  neatly. 

The  Amphora  was  the  nnit  for  both  Liquid  and  Diy  Ueaauna,  bnt  tbe  kttar 
weit  generally  referred  to  the  Modiu,  whi^  contained  one-thiTd  of  ao  Ati^lwra, 
that  is,  1.896  imperial  gallons,  or  .948  of  an  imperial  pack. 


C'.(i(V,|c 


HEUCBEg  OF  CAPACITT — CODIB. 

e  m»j  ennmentt  the  diTinoni  of  the  Amphora  and 

Dry  JUetuttre. 
MoDicB ^      2  SemimodL 

—     c-    16  StMlarii. 

(82  Eemfnae  i. 

■"  ■)      Cbfyloe. 

—     — :    64  Qtiartam. 

—     —  128  AcelaMa. 

—     =  192  CyaOL 

—    =  768  Liffulae. 


—     =     iSSftWarii, 

(96  Heminae  ■• 
"     =  1       Colylae. 

—     =  192  QaarlariL 

—     ==  SSi  Acetabula. 

—     —  576  Cyathi. 

—     ^3304  Liffulae. 

Tb«  Culeas  vaa  eqniJ  to  30  Amphorae, 

In  applying  the  divieloiu  of  ihe  Ai  to  tlic  above  Liquid  Heamras,  the  Sa> 
tariuM  was  regarded  si  the  Aa  and  the  Cyathua  as  the  Uncia ;  henoe  we  md 
in  Martial  (XI.  37-)— 

Le.  let  ni  drink  five,  and  tin,  and  eight  Cyathi,  i.e.  19  Cyatiii,  19  brnng  the 
nnmlMr  of  lettere  iu  the  name  Caivs  Julius  Proculia. 

From  Coiufiiii  is  derived  the  ivord  Congiariam,  which  properlj  eigniflea  a 
Temel  holding  a  Congius,  but  wai  TrequeDllj  emploTed,  cspedall;  in  later  times, 
to  denote  a  grattilly  of  wine  or  oil  bestowed  upon  the  people  at  large;  e^. 
XuouUuj  miUia  cadUm  IK  coKOiADiim  divbil  antpUia  centum ;  (Plin.  H.N.  I. 
H ;)  aUo  a  gtatnily  of  edibles  whether  wet  or  dry — Aneui  Marciut  rex  ioSm 
modioi  sex  miOe  k  cokoiario  dedit  popvlo;  (Flin.  H.N.  XXXI.  7.)  and 
finally,  a  gratuity  in  money — Conciaria  populo  frequenter  dedit,  aed  divenae 
/ere  tummae,  nodo  quadringeiioi,  modo  Iricenon,  nonnunquam  ducenoi  qum- 
quagenos  ttumos  (Snet.  Octav.41.)  Under  the  empire,  a  gratuity  of  thia  natnre, 
wbwi  bestowed  on  the  soldiera,  was  oeually  termed  Doitatiimm — Populo  COK- 
«iABnm,  niliti  Doxatituu  proposuit  (Suet.  Ner.  7-) 

V.  Coisa.' 
There  can  be  little  doubt  that  the  Romans,  in  Ihe  earlier  ages  of  thdr  history, 
were  nnacquainted  with  coined  money.  Their  circulating  mediom  oomdated  of 
lumps  or  ingots  of  copper,  (Ata,')  which  were  weighed,  and  not  counted,  the 
name  of  an  ingot  of  thia  description  being  Stipes  or  Stips,  from  which  was 
(bnned  Slipendium.  According  to  Pliny,  copper  money  was  first  coined  by 
Berviui  Tullina,  and  atamped  with  the  figure  of  a  sheep,  (nota  pecudam,)  btf 
it  ia  veiy  doabtful  whether  any  such  pieces  were  ever  minted  at  Botne,  and  it  ii 
not  unlikely  that  the  story  was  invented  in  order  to  snpply  a  plaosihle  deriva- 
lion  for  the  word  PecHnia.  Of  the  coinage  as  it  actually  existed  &om  a  ronote 
period,  wa  can,  however,  apeak  with  confidence.  The  practice  of  hoarding  wu 
carried  to  inch  an  extent  in  the  ancient  world,  that  scarcely  a  year  elapses  in 
which  large  numben  of  Greek  and  Boman  coina  are  not  discovered  iu  variooi 

B  mint,  ii  Id  Pin-  B.  M 
a  the  FrtiigiHKtiia  to 


COFPU  ooMios.  466 

parts  of  Europe,  AiEa,  ind  Nortbem  A&ica,  wKile  the  eiteiuuve  collectioiu  which 
have  been  formed  afford  most  valaable  iiifbnnslioD  on  a  maltitade  of  to[aci  con- 
nected with  olasucal  antiquity. 

The  metals  employed  by  the  Romans  in  their  oomagi  were  copper,  (Aet,) 
sllTer,  (^Argatium,)  and  gold,  (^urvm,)  but  these  were  not  introdnoeid  all  at 
onee,  but  in  taceeseion. 

Csppcr  rsiBnao  or  A«  Bepnbiic. — For  nearly  60O  jeara  after  tho  founda- 
tion of  the  city,  the  Romans  ooined  no  metal  except  copper.  If  any  gold  or 
eilver  pieces  were  in  circuladoa,  they  must  have  been  of  foreign  stamp. 

The  ordinary  oopper  coins  of  the  republic  were  six  in  number,  each  being 
diitingnislied  by  a  parCioular  device,  which  is  preaerred  with  almost  perfect 
unifonnilj.     The  names  of  these  ooios  were-^ 

1.  As, presenting  on  its  obvene  a  bead  of /anu. 

3.  Semu,  ttie  half  ^j,  —  lovia. 

3.   Trims,  one-thitd  of  the  At,  —  Minerva. 

i.   Quadrant,  the  quarter  At,  —  Hercula. 

5.  Sextans,  the  half  Triens,  —  Mtrcuriui. 

6.  f/ncia,  one-tnelflh  of  the  ^j,  —  Minerva. 

The  device  on  the  reverse  is  the  same  in  all,  being  a  rude  repre«entation  of  the 
prow  of  a  ship.  On  the  As  we  find  the  numeral  I,  on  the  Seaiis  the  letter  8, 
while  on  the  rest  round  dots  indicate  the  number  of  Unciae;  thus  the  THeru  is 
marked  oooo,  the  Quadrans  ooo,  the  Sextans  do,  the  Vncia  o.  Many  of 
them  have  the  word  ROMA,  and  it  gradually  became  common  for  the  magis- 
trate under  whose  inspection  they  were  struck,  to  add  hla  name. 

Wcigbi  ar  iha  Aa  hi  dicenai  v«ri*da. — The  Ae,  regarded  as  a  coin, 
otiginatty  weighed,  as  the  name  implies,  one  Pound,  and  the  smaller  copper 
coins  those  iiactions  of  the  Pound  denoted  by  their  names.  By  degrees,  how- 
ever, the  weight  of  the  As,  regarded  as  a  coin,  was  greatly  diminished.  Wa 
are  told,  that  about  the  commencement  of  the  first  Punic  War,  it  had  &llen  IVom 
Twelve  Ounces  to  Two  Ounces;  in  the  early  part  of  the  second  Funic  War, 
^.C.  217,)  it  was  reduced  to  One  Ounce ;  and  not  long  afterwards,  by  a  Lex 
Papiria,  it  was  Eied  at  Half  an- Ounce,  which  remained  the  standard  ever 
after. '  We  subjoin  a  series  of  cuts  taken  from  existing  specimens  of  the  As 
and  the  smaller  deuominatioos,  in  which  will  be  seen  the  different  devices  and 
marks  enumamted  above. 

It  will  be  observed  that  in  tbis  series,  the  Semu  is  smaller  than  the  Triens, 
proving  that  the  particular  specimen  of  the  Triens  from  which  the  cat  was  made 
belongs  to  a  penod  when  the  At  was  heavier  than  it  was  at  the  period  when 
the  specimen  of  the  Semis  was  struck. 

Cnpptr  Coinage  of  the  Empire. — Upon  the  astablisbnieDt  of  the  imperial 

if  Plinr.  Iha  vritfat  atOit  AmttTt 
•  -he  Banata,  Ir  —-  —  -" —  •■■-  ■ 

-OnriMi    r- 

IIMi.aUw 

Dlarv  Innvat-tlou.  Ii  oompLtulj  (Uiprarvd  br  >ha  fi 
akflilllBN  ■  ihW*  at  walfbu  daieeacUac  iradaall;  froi 
•.fta-ennna.  till  waraaeh  Iha  flnal)  Dunn  Thtdlml 
""  lU  probftbiLttj  from  eha  valaa  of  eoppar,  k 


Cookie 


EOTCTTiment  imder  As^nstai,  the  old  At  tad  iU  divkiMH  Mued  (o  b«  tiiaik,  t^ 
m  nerr  copper  aoinage  wm  iotrodaoed,  conmstin? — 

1.  Of  thoie  piecei  which  are  cominouly  called  Imperial  Large  Brats,  and 
which  form  x  wries  ertendiiig  from  Anguatiu  doirn  to  FMtumiu.  Tbey  bto 
generaUj  about  tbe  lise  of  an  Engiisli  Femiy ;  the;  eitibit,  for  tbe  most  put, 
on  the  obveTM,  Che  head  of  tbe  reigning  Prince,  or  of  lome  member  of  (be 
itnpeiial  fiimilj,  acDampaiiied  b;  a  legend  eipreuive  of  tLe  name  and  titles  of 
the  individual  represented,  while  on  tbe  rereiM  wc  find  n  great  Tariety  of  molt 
interesting  and  inatnictive  devioeB.  Tbew  pieoee  are  uBually  of  very  good 
workmanship,  are  in  many  cases  oomposed,  not  of  ordinaTy  copper,  but  of  Gne 
jrellovr  brais  {aurkhalcam,)  and  are  supposed  lo  have  paMed  for  <  Atsa. 
Several  illustistions,  tak^n  from  tbe  revene  of  coins  belonging  to  this  clau, 
have  been  given  in  the  course  of  tlie  work,  and  we  annex  a  cut  of  a  Large  Brasa 


of  Antoninus  Pius,  bearing  upon  one  side  the  head  of  the  Emperor,  with  the  legend 
A;iTONiMCH  AuousTCS  Pius,  and  on  the  reverse  the  Ggure  of  .£aeas  beuing 
off  his  father  from  Troy  and  leading  his  boy  bj  tbe  hand,  with  the  legend 
PP.  TR.  Pot.  Cos.  III.  8.C,  (Poier  Palriat,  Tnbunida  Potaiat,  Contul 
Tertium,  Senal'ii  Comulto. 

2.  Of  tliose  pieces  commonly  called  Itnptrial  Middk  Brtut,  which  resemble 
the  Large  Brass,  except  in  bo  iar  that  they  are  oa\j  half  tbe  size.     We  wukz  a 


nit  taken  trom  one  of  the  eartiest  of  the  Mriei,  e^biting  on 
head  of  Augusins,  with  the  legend  C*EaAii  Auocstub  Tkibumic.  Powst.,  and 
on  the  reverse  the  name  of  one  of  tbe  TViumn'ri  Jfonefalei  (p.S31)C.  Caujcs 
LvpebcusIUvirA.  A.A.F.F.  (p.  281)a]idS.C.  mthalield. 

3.  Of  those  pieces  commonly  called  Imperial  Smail  Brass.     TbeM  do  not, 
Bke  the  two  former  classes,  form  a  regular  series ;  they  vai;  mticb  in  Mie ;  tiitf 


C'.( 


v-lc 


466  aiLVXK  coiHAaK, 

■Mm  Midom  to  hare  been  Krnck  in  large  namben,  and  not  to  hare  been  itrnak 
tt  all  b;  maoy  Emperon.  We  have  given  a  ipedmen  in  p.  2S0  of  one  beloDgiag 
to  the  Togn  o!  Calij^a. 

Mirer  ColBaga. — Acoording  to  Plinj,  lilver  wa«  fint  coined  at  Borne  in 
B.C.  S69,  fira  jean  befure  the  comnieDcenieat  of  the  Ent  Pimic  War,  ia  pieoet 


1.  The  Denariiu  eqoivalait  to  10  Aaa._ 

2.  The  Quinariiu  —  6     —    ' 

3.  The  SaUnioM  —  2^  — 
Bat  rrhea  the  weight  of  the  Ai  wm  reduced  b  B.C.  217  la  0 
ttrdained  at  the  lome  time  that 

The  Denariiu  should  be  held  equivalent  to  16  A 
The  Quinariui  —  —  8    - 


The  SeHertius 
ud  thii  relation  tnbai«ted  er 
name*  and  the  As. 

The  Denariiu  and  the  Qiat 


:  after  betireeii  the  ulrer  ooin^  beaiing  the  i^Oan 


a  Gontinaed  to  Iw  ttie  onlinarj  eilrer  currencf 
1  the  age  of  Septimiot  Serenu  and  bia  ions,  bj  whcMO  piece*  compoeed  of 
a  ban  alloy  were  introdnced,  and  for 
•everal  mgnj  entire!}'  sopeneded  the 
pure  metal     The  ulver  Satirtiju  does 
not  appear  to  have  been  coined  under  i 
the  empire,  ita  plaoe  being  occupied  bj  I 
the  Large  Bnus  nhich  wsa  of  the  aamo  ' 

The  device!  originaUy  stamped  upon 
all  three  denaminations  were,  on  the 
obverse  a  female  head  helmeted  and 
^ngcd,  with  the  Ic^nd  EouA ;  on  the 
reverse  the  DioKorx  on  horseba^,  with 
•peara  couched  and  with  conical  caps, 
a  star  being  placed  above  the  bead  of 
each.  The  Deaariia,  Quiiionus,  and 
Stalertiul  were  sererally  distiuguiehed 
\yj  the  namerols  X,  V,  and  113,  placed 
behind  the  helmeted  head,  and  even  after 
thej  passad  leapeetively  for  16,  for  8, 
and  tbr  4  Awu,  the  same  nnmeralB 
were  retained  aa  cotresponding  to  their 

In  Denarn  of  a  somewhat  later  date,  instead  of  Che  Diotcuri,  we  generally 
find  a  figure  of  Jupiter,  or  some  other  deity,  ia  a  chariot  drawn  br  four  or  by 
two  hones,  and  bence  such  pieces  were  known  as  Quadrigati  and  BigatL  Ws 
■anes  a  out  of  a  ^gattu,  in  which  Victory  is  the  charioieer.   At  an  early  period 


■ILVSR  cotKias.  469 

in  to  notch  the  edges  of  tbe  coin,  id  order,  probablj',  to 
render  Stigeij  more  difficult,  and  hcrtce  SDoh  pieces  were  known  as  Serrab. 

Quinant  bore  originally,  is  we  have  eeen,  (be  same  device  as  Denarii;  but 
it  soon  became  the  practice  to  etamp  npon  the  reverse  of  all  Quinarii,  a  figure 
of  the  goddess  Victoria,  wlio  appears  in  vari- 
oua  attitudes,  sometimes  standing,  sometimes 
fljing,  sometimes  in  a  cbariot,  sometimes 
crowning  ■  tropby,  and  Leuoe  the  term  Vtc- 
loriaUis  is  lieqiient]}'  emplojed  as  ajnonj- 
mons  with  Qainarius.  On  tbe  obreise  of 
both  Denarii  and  Quinarii,  the  helmeted 
head  gradually  dis^tpeaied,  and  was  replaced  bj  varioDS  headg,  someUmes  of 
gods,  sometimes  of  mortals,  but  never,  under  the  republic,  of  living  personages. 
On  the  earliest  silver  coins  tbere  is  no  legend  except  the  word  Roua,  but  it 
•oon  became  common  for  the  magistrate  intrusted  witli  the  task  of  coining,  to 
mark  upon  the  pieces  hia  own  name  or  that  of  au  illustrious  member  of  tbe 
family  to  which  he  belonged,  and  the  devices,  of  which  there  are  a  great 
varietv,  frequently  bear  reference  to  eome  legend,  or  ciploil,  or  honour,  con- 
nected with  the  house.  Of  this,  several  examples  will  be  found  in  Denarii 
introdaced  as  illustrations  in  the  preceding  pages ;  and  on  the  Serraliis,  iigured 
above,  we  see  a  representation  of  Ulyssea  recognised  by  his  dog,  the  name  on  (he 
coin  h^ng  C.  HAJilutJS  LutBt<U(ua,  but  the  MamHii  came  from  Tuicufum, 
and  Tasadum  h'bs  said  to  have  been 
founded  by  Telegouus,  eon  of  Ulysses, 
(TtUfJoni  iuga  parrieidae.')  Tlio 
Denarius,  of  which  we  annex  a  cut, 
bears  the  name  T.  Casisicb,  on  the 
obverse  is  a  head  of  the  goddess  Moneta, 
00  the  reverse  are  repreeenled  the  tools 
of  tbe  coiner.  The  number  of  silver 
coins  belonging  to  tbe  rqiabliean  period,  which  have  come  down  to  moderu 
times,  is  enormous,  and  from  this  source  alone  we  can  make  up  a  catalogue  of 
nearlr  two  hundred  Familiae,  whence  coins  of  this  cl.ias  are  frequently  designated 
ai  iVuiRnii  Familiantm. 

The  silver  coinage  of  the  empire  consisted  of  Denarii  and  Qutnan'i,  and 
differed  little  from  that  of  the  republic,  except  (hat  the  cbvenc  represented  almost 
nniformly  the  head  of  the  reigning  Prince,  or  of  eome  member  of  the  imperial 
family,  while  the  pieces  themselves  gradually  decreased  in  weight.  The  GrsI  of 
the  two  spedmens  annexed  exhibits  on  the  obverse  a  veiled  head  of  Julius  Cteaar, 


wMi  the  lAtufu  and  the  Apex,  tbe  legend  being  PAREns  Patkiag  Caesar, 
and  on  the  reverse  the  name  of  one  of  the  commissioners  of  the  mint  under 
,  C.  CoBsunus  ilABiDiASUB,  with  (ho  tetters  A.  A.  A.  F.  F.     The 
d  has  OD  the  obverse,  the  bead  of  Oiho,  with  the  legend  Imp.  Otiio  Caesax 


470 

Ako.  Tb.  p.,  nd  OB  Um  n 

nruP.B. 

«i«M  Kttmmm'—TKoj  MMrt*  IkM  gold  ww  tnt  eoocd  in  B.C.  207,  nd 
ft  bw  fiecM  an  uill  extant  which  cocRspoad  with  Ua  doeriplioii,  bat  ihe^  m 
nmr  nnvallj  regarded  m  baring  been  tttadc  io  Magnft  Gracda.  The  nnmbv 
of  gMit  eoini,  nndoBiyUdlj  Boiui,  beloDfing  to  Ibe  repoblicxn  pmod,  i»  ao 
■nail,  that  the  bcM  nnmianiatokipala  an  of  opinion  that  tbii  metal  did  not  ferm 
part  of  the  ordinaiy  aad  TCgnlar  cairtacj  imtn  the  ag«  of  Joliiu  Ccaar,  the 
want  haviDg  been  npplied  (7  Graek  PhUippi.  The  principal  gdd  ctmi  of  the 
— '—:  wai  the  DenarUu  Aureet,  wbich  iagmoallj  l«niiedBmplj.4ureiu,bDt 
17  niufiiTiDl;  Draaruu.  ThtDt' 
t  Aurcu*  alwajr*  paaied  for  26 


byriinjiu 


V  Denarii.    Half  Jara  were  alw     ^ 
the  head  of  AngnMiu,  will  be  (band 


inial«d,  bnt  th««e  are  eompantivelj     li 

k  ipecimen  of  an  Avrem,  with      \ 


in  p.  ^'J2,  and  we  annex  a  npreeenta- 

tlon  of  another,  beloajpng  lo  the  same 

ptriod,  exhibiting  on  tlie  obvene,  the  head  of  ^miNOR,  and  on  the  nroae  a  m^ 

anajeil  in  the  veeUnente  of  an  Aagar,  and  anwDed  \rf  lino  So^a,  wha 

bUow*  behind,  the  legend  being  Q.  Cobmutici  ArauK.  Ikp. 

TI.  CoifPTITATIOII  or  MOKKT. 
fl^M  of  mooe]'  were  compnted  atbv 

1,  Bj  Atta;  or,  2.  B7  SaUrtU, 
Ibe  Utter  deunnination  having  been  generally  emplojed  after  the  intn>dnetioa  ot 
a  drer  cnrrencf.     Before  Cduidering  these  separatelj,  it  ie  neceesary  to  eiplam 
the  BTitem  punned  witli  regard  to  the  nomerala. 

1.  In  expreanng  all  inmi,  from  one  At  or  one  SaUrtiai  np  to  a  thousand 
Auet  or  Saterla,  the  cardinal  or  distribnlive  nnmenils  emplojed  s^ne  1°  cue 
wiUi  Ai  or  SetUniui.  Tbiu  we  %Kf,  Decern  Aue» — Viginti  Satertii — Ducenti 
Aut* — THcenoi  Aua — Quinquagenii  Setlertiit — MiUe  Setlertii,  &t. 

2.  All  eunu  from  ooe  thonaand  np  to  one  hnndred  thmuand  incluiive,  are 
eipTCMed  b^  the  cardinal  or  diatiibalire  nnmenli,  followed  by  Ai  at  SeMterti>u 
Id  the  genitive  plural.  Thni  we  uj,  Duo  nuUia  .  ■  .  Decen  mittia  .  .  . 
Biaa  mJUa  .  .  .  TVtcena  mlUa  .  ,  .  Centum  a.  Cenlena  nlUia  Attiitm  oel 
StMtertiort/m.  Ai  to  the  nnmenJ  JUiile,  we  may  aaj  with  eqnal  proisiety, 
Mille  Auet  v,  Settertii,  or  MHU  Aaium  r.  Setterliorum.  ' 

8.  All  anmi  above  one  hundred  thoniandaie  eipreewd  by  prefixing  ft  numeral 
adverb  to  Cenleno  tnillia,  the  word  Aisiutn  or  Satertionm  following  in  the 
genitive.  Tbni  we  say.  Bit  centena  mittia  .  .  .  Quaier  centena  miltia  .  ■  . 
Deeiet  centena  mfUia  .4wium  v.  Seatertiormn,  to  denote  200,000;  400,000; 
1,000,000,  && 

But  in  the  great  majority  of  cases  the  worils  Centena  millia  are  omitted,  and 
the  numeral  adverb  is  placed  slone,  it  being  the  rule  that  a  numeral  adverb  ie 
nevBT  emploved  m  expreuing  rami  of  toonrv,  except  when  the  words  Cenlaia 
miltia  are  either  expressed  or  understood.  Thni  we  say,  Deeiet  .  .  .  CenCiet 
.  ,  ,  Milliet  .  .  .  Bit  milliet  .  .  .  Trieiet  quinquiet  .  .  .  Ctntia  mtOiet 
.  .  ,   Quadringentiet  millia  .  .  .  Quater  deeut  mHHet  Setterticntm,  &c.,  to 


[ohet.  471 

dMole  1,000,000;  10,000,000;  100,000.000;  200,000,000;  8,600,000; 
10,000,000,000;  40,000,000,000;  4,000,000,000,  Bos. 

nrii  bong  prembed,  we  proceed  lo  explain  eome  detMb  with  reqwct  to  tbc 
(oapamltm  bj  Aasa  and  I7  iSu(<rtii,  coceidered  sepantd/. 

1.  ComptUation  by  Ai$e*. — The  As  baag  a  copper  omd,  the  irord  Aet  b  nwd 
taonnpiitiDgBniniofnioiiejueqmTalent  lovjf.  eg.  £zeu,  nueenftoniRtSiitn 
oerit,  aui  Tnaiorem  ceruuin  haberent  (Lit.  1. 43.) — Qni  mfUtfrw  a«m  ^'n^o* 
^fa  eeniui  Jiiuset  (XXIV.  11.) — Qai  nipra  (recsnta  nnSui  mjik  ml  mcwt 
turu'  (ibid.)  As  long  atthe /^iretuDed  its  original  wughtoTaponiid,  Dooonfti* 
■OD  ooold  afiie  between  j4i  signifying  k  coin,  and  Aj  deno^Dg  a  poimd  wnght 
of  metal  Bnt  aFter  tbe.iji,  regaided  aiacoin,  nnderwent  saoeadTe  ffiminntioiu 
in  weigbt,  it  became  neceasai^  to  dietingniBh  between  the  original  weight  of  the 
ooln  uid  the  coin  actuall/  cnrrent,  and  hoice  tho  eiprenion  aet  grave  wai 
introdiKed  when  a  inm  wa*  computed  accoiding  to  the  andent  standard,  thai 
ia,  when  a  eertain  number  of  Atta  at  foil  ponnds  of  metal  were  to  be  designated, 
•ad  not  the  coin  called  At  of  inferior  weight.  Benoe  we  read — M,  PoMtmitu 
.  .  .  decern  miUibai  aerit  gravis  damnotur  (Lit,  IT,  41.) — Qnio  notufum 
argenlitm  ngnatum  erat  aei  grave  plaiatru  adaerarium  convehertta  (IT,  60.) 
—Indiei  data  libertas  et  aeris  grami  viginli  miSia  (XXII.  S3.) — Ei  centum 
auOta  graoit  aerit  dari  Patra  {jaeenml:  tervis  vicena  quina  mitHa  aeri)  et 
Sbertatem  (XSXIL  26.) 

8.  Compiaation  by  SettertH. — The  word  Sestertiiu,  ooDtracted  for  SemtttT' 
(ru,  is  pr^Mrlj  an  atyective  dgnifying  two  and  a-kalj\  *  the  mbstantive  nndet- 
ftood  being  Numimu,  and  Nunanut  it  frequently  nied  b;  Itself  as  emiralent  to 
Sttlaiiia,  the  Nummvi  Settertiat  having  beeen  emphatically  the  Nummat  or 
oofai  of  aocoimt  from  the  time  when  a  utver  carrency  was  introdaoed.  Thni  the 
■tatement — Popuh  trecenoi  Ninntoa  viritim  ilivmf— denotei  that  each  individual 
reedved  900  Sestertii.  When  iVummnj  ia  employed  to  denote  any  other  cwn, 
then  an  adjective  is  invariably  added,  filing  the  coin  in  qaeiHon ;  e.g.  In  capita 
Romana  trecenit  hummih  quadhioatis,  in  loeios  ducenit  (Liv.  TTIT.  £2.) 
where  the  epithet  Quadrigatis  indicates  that  Derurrii  are  meant  (p.  468). 

We  have  seen  that  in  expreuing  snms  from  one  up  to  a  thonsand  SatertS, 
the  numerals  agree  in  case  with  Seitertius,  and  that  in  ezpreinng  all 
aiinu  above  a  thonsand,  the  nnmeral  is  joieed  with  Setttrtiorum  in  the  genitive, 
ftr  which  the  contracted  form  SetteriiOni  ii  veij  frequentl/  aubttitnted. 

But  the  word  Sestertioruia  or  SeslertiGm  is  often  omitted,  and  the  nnmeral  is 
placed  alone ;  thus  Cicero  (Pro  CoeL  7.) — Cuiut  hia  tn  aedietdit  habitat 
OKCEU,  ut  opiitor  HiLUBUS — i.e.  decern  miUibua  Setttrtiorum;  and  in  like 
manoer  Telleius  (II.  10. ) — Lepidam  AemiUam  augurem  quod  sex  UiLLiBrs 
aedet  condaxiii.'et  aJesse  iussenmt  angura,  i.e.  MX  tniliibut  tettertiorum.  In 
like  manner  tiic  numeral  adverbs  deeitt,  .  .  .  cenliei,  .  ,  .  tniUiei,  &c.  are 
placed  alone  withoat  tlie  addition  of  Setttrtiorum  to  denote  ons  million,  ten 
■ulliooB,  one  bnndred  milliani  of  Sestertii. 

It  must  be  cairefiilly  obserred,  that  wherever  SetterHum  it  Giimd  in  the  pore 
text  of  any  classical  writer,  it  it  invariably  to  be  regarded  at  the  oontneted 
geutive  plural  for  SeMtertioTum.  It  cannot  be  prayed  that  the  form  Setlertam 
at  a  nenter  nominatiTa  singnlar  anjrwhen  eiitta. 


lUatiiaJuitf. 


472  ooHPiiTAnox  or  itOREi. 

In  writen  of  the  Empire,  however,  we  find  the  wotd  Sulertta  lued  u  ft 
neater  plural  to  denote  n  turn  of  one  thotuand  SaUrtii.  Thus  in  Suetonioi 
(Octav.  101.) — Reliatia  legala  varie  dedic,  prodiixilqiie  qnatdam  ad  viceka 
aBffTERTU,'  i.e.  20,000  Sutertii;  and  in  Juvenal  (S.  IT.  Ib.)—Mttllum  tai 
mimbm  ami  =  Atqwmlem  aane  paribus  Sestebtu  Ifbru,  i.e.  be  pud  sir 
tbouMnd  HSieroea  for  a  mullet,  at  tlie  rate  of  a  thooBand  Bcateroet  for  each  pound 
(Bee  also  Hor.  Epp.  I.  vil.  80.     Martial  VI.  20.) 

The  Stitertivs  having  been  originallj  equivalent  to  two  Aata  and  a-half, 
although  it  anbeequeutl}'  became  equiv^eut  to  four  Asies,  (p.  468,)  ma  repre- 
sented in  writing  b^  the  Bjmbol  IIS,  tliat  is,  two  onita  and  a-halT,  (S  denoting 
Semu,)  a  line  being  draivn  throtigb  the  figures  (thus  HS]  to  mark  that  tb^ 
were  to  be  taken  togetber.  It  appears  probable  that  the  eymbol  and  not  tiia 
word  was  always  employee!  in  ancient  documents,  and  that  maoh  conjusioo  and 
many  blunden  have  been  introduced  by  the  ignorance  of  transcribeni  when 
changing  the  symbol  into  a  word.  To  this  cause  we  must  ascribe  the  cormpt 
forms  which  disfigure  the  texts  of  many  editions  of  the  clasaical  authors.  Thus 
in  Nepos  (Att.  H.) — Atticas  tenia  tww  ait  moderation  ut  neqvt  in  Sesteh- 
Tio  TICIE3,  quod  a  patre  acaperat,  parum  splatdide  m  geatrit,  neque  in 
Seotbrtto  CESTiEa  affiuaitiia  vixeril  quam  iniliCiurat ;  ia  Suetonius  (Caes. 
50.) — Seriyiliae  S^xkbtio  &EX/iOlKa  margarilam  mercalua  est;  inLivy  (XLT. 
4.) — Argenti  ad  summam  SvnBBxa  decies  in  aeraritan  rettulit ;  and  in  Cicero 
(Philipp.  II.  37.) — Syngrapha  Sestertii  cektizs  :  in  which,  and  in  alt  similar 
pastimes,  Sesteriio  and  Sateriii  are  corrupt  forma  for  Sesterlionim  or  SesleriHini, 
and  in  the  older  MSS.  theee  words  were  probably  represented  by  the  symbol 

CoMirarban  of  Rom>B  witk  EBBllak  Dlauer. —  According  to   aooorate 

calculation!,  based  npon  the  weight  and  assay  of  the  moat  pemct  gpecimena 
of  Denarii,  the  value  of  the  eilver  Sestertius  at  the  close  of  the  rqiublic 
may  be  fixed  at  twopence  sterling.  After  the  reign  of  Augnetue,  the  coinage 
underwent  a  sensible  deterioration,  both  in  weight  and  in  purity,  and  we  cannot 
reckon  the  Settertiui  higher  than  I  jd.  from  t)ie  age  of  Tiberius  down  to  Sep- 
timiua  Sevems.  Taking  tlie  higher  value,  the  following  table  may  be  useful  ia 
converting  gums  ftom  Roman  into  English  currency : — 

£    s.  d.  S.  ».  d. 

ISalertitu =  002  10,000  &sferfii  —  83  C  8 

lOSettertU —  0    1    8  100,000     —      —  833  6  8 

100       —    ==  0  16    8  1,000,000     —      =  83.13  6  B 

1000       —    —  8    6    8  10,000,000     —      =  83333  6  8 

Til,  Interest  of  Money. 
A  Capital  Sum  lent  out  at  Interest  was  termed  Caput  or  Sort ;  the  Interest 
paid  upon  it  was  termed  Fenus  or  Usara,  the  latter  word  being  generally  used 
in  the  plural  VsHrae.  Tlie  rates  of  Interest  most  freancntly  mentioned  in  the 
classics  are  the  Faius  Undarium  and  the  Usitrae  Cenlesimae;  but  the  re.tl 
import  of  these  eipresaiona  has  proved  a  fruitful  sooroe  of  eontroverey,  Kiebuhr, 
b  the  third  volume  of  his  Hietoiy,  has  a  mssterly  dissettation  on  this  subject, 


T  hvrfl.  jLnd  In  glmtliir  HiH;«i  in  proH  f  tH««.  th*  ma  read- 

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


ncTXBSn  or  HOBET.  473 

■od  hit  eoraldvou  appear  la  be  impregaaljle.  We  shsU  briefl/  oooiider  eub 
Tiu  Hparalel;. 

*«■■  liBclMiaK. — The  Capital  beiDgregarded  aa  the  J«  or  Unit,  and  the 
InUnat  being  ulcaUted  bj  the  year,  theaJbiiu  Unciarium,  or  Uodat  loteiett, 
wonid  ba  one-Cwelflh  part  of  the  Capital,  that  ia,  8^  per  cent,  per  annum.  Bat 
if  we  iuppo«e,  vrith  Niebntir,  that  thii  rata  waa  introdaced  while  tha  jear  often 
montha  waa  atill  abaerred,  then  8^  per  cent,  for  a  jear  of  ten  monliu,  will  be 
eiaot];^  10  per  cent,  for  a  year  of  tnelve  months. 

AooDrdmg  to  Taoitut  (Ann.  Yl.  16.)  the  first  legialBtive  enactment  on  thb 
■abjeot  of  Interest  waa  contained  in  the  Laws  of  the  XII  Tables,  which  pnmiled, 
(B.C.  ibl — 149,)  that  the  Fenut  Unctarium  should  be  maximum  rate  of 
Intereat — ffaia  prima  Duodedm  Tabiilu  sanctum  tie  guii  Unciasio  Fehorb 
ampUiu  t*erctret ;  but  livy  seems  (Til.  16.)  to  refer  the  iotroduction  of  thin 
reatriotion  to  the  Lex  DuUlia  Maaiia  of  B.C.  3G7i  nearly  a  century  later.  The 
aame  historian  reeoids  (VII.  S7.  ccmp.  Tacit.  I.e.)  that  in  B.C.  S47,  the  legnl 
rate  of  intereat  was  reduced  one-half — lemuncianum  iantum  ex  miciario /enus 
/actum ;  and  i^ain  we  find  (TII.  42.  B.C.  312.) — Invtnia  apud  qiiotdam 
L.  Genuaum,  TTOtimnm  plebiM,  tulisae  ad  populum  ne  feneraTt  lictrtl;  and 
Tadttu  (La.)  declares  that  a  law  to  that  effect  was  actually  passed,'  btit  if  thia 
waa  really  the  case,  it  mtiat.  from  ita  yerj  nature,  have  been  absolutely  power- 
lets. 

Vmuwm*  CgMflMaa. — Townrds  the  close  of  the  repoblio,  we  hear  for  the 
first  time  of  Uiurae  Centetimae,  which  must  signiiy  Intereat  amounting  to 
100th  pari  of  the  Capital,  or  I  per  cent.  But  this  was  probably  introduced  alonj; 
with  the  Greek  Guhion  of  paying  Interest  monthly,  so  that  Usurae  CenUiimae 
waa  1  per  cent,  per  month,  or  12  per  cent,  per  annum. 

Vturae  Cenfesimae  being  12  per  cent.,  when  a  lower  rate  waa  charged  the 
utiportions  were  expressed  by  the  divisions  of  the  Ai.  Thus  Usurae  Bestet, 
U.  Semitiei,  U-  Trientei,  if.  Quadrantu^  signi^  respectively,  8,  6,  4,  and  3 
percent. 

On  the  other  band,  when  the  security  was  bad,  a  higher  rate  was  exacted, 
and  we  hear  of  Binae  Certteainiae,  i.e.  24  per  cent ;  Qualemae  Cfnlesimae, 
Le  48  per  cent ;  and  when  Horace  uses  the  phrase  Quinai  Uc  Captli  mercedeg 
txHcat,  he  must  mean  Qainas  Cenlesimat,  i.e.  60  per  cent.  (Cic.  in  Yerr,  III. 
70.  sd  AtL  VI.  2.    Hot.  S.  I.  ii.  14.) 

J  H]|  words  tn — Portrrmo  vetita  rrrrvra—whmru  It  niDBt  ba  Dbvrred  tbat  thil  It  not  tho 
omsl  Import  of  Ftrntrn.  which  1i  generally  rimplojcd  to  tvpreu  tbo  contr'^itn  at  the  orl. 


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BEFBRENCES  TO   CHAPTER  XIII. 


Roman  Welgrhts  and  Heasores,  Coins,  &o.— Eokhei,  Doetnaa 

tiHnunortun  vetcrum,  1792.  Borgheai,  Oeuvra  vompliU*,  vols.  L  and  II. 
{Deeaii  Tmmianalieht].  Riocio,  Le  vumete  deUe  frmiglir  romoae,  NkpoU, 
1S43.  Boeckh,  Mttrologiaehe  UrUermchuigm.  Hnltech,  QriccUMAe  «ad 
SOnUtehe  Metrohgie,  2nd  eS.,  Berliii,  1882.  Mommsen,  OtaMeku  dm 
rAnudten  Marmeaeru,  Berlin,  1860  (Trwl.  fruifaiM  BlacBS,  Parii,  1866). 
Harqaardt-MomiiMeii,  Handbvch,  ta.,  Bdmiteht  Staatnertoaltytng,  vol.  Q, 
p.  3,  name  wnd  Maax.  Cohen,  Dtteriptkia  dei  monnaiet  de  la  r^ubligue 
romaiae  on  m^ailla  con^iuro,  Paris,  1367,  Ist  ed. ;  Monnaia  (U  I'BmpIre 
ronuun,  Paris,  1880-1892,  8  voli.  LeDonnnnt,  La  nioiinayt  d<au  PanliquiUi 
Park,  1876-1879,  3  toIb.  Babelon,  Dtxription  kinlorigMt  et  ehrrmologiqiu 
del  monncuM  dt  la  Repiibli^t  romtune.  Paru,  1886,  2  Toll.  Oumcoi,  £c 
montU  deieitalia  aitliea,  Kom»,  ISSfi,  2  partL 


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CHAPTER  XIT. 
PRITATE  LIFE  07  THE  KOHANB. 

I.   CCBTOMB  CC»niE(TTSD  WITH  FABnCUI.AB  EfOCHS  OF  lOTE. 

■■fltacT.— As  MMn  u  a  <M\i  irii  bom  it  wu  laid  down  at  the  feet  of  Iht 
llrther,  wlio,  if  the  babe  wu  free  from  anr  seriona  defbroit^,  and  if  h«  wu 
prepared  to  soknoirledgB  it  (agnotcere)  u  hia  legitimate  offspriD^,  lifted  it  from 
tbe  gronnd,  (a  UrrA  Jroabaf,)  and  thus  dedsred  that  he  was  mQmg  to  rear  it 
(al^)  aa  hia  own.  Hence  die  enireeeiooB  ToUere  a.  Suacipere  Uberos  ngnify 
to  bring  up  or  edueaU  chUdreit.  Inrantioide,  aa  we  have  seen  above,  was  not 
prohibited  b;  law,  and,  in  the  earlier  agea  of  the  Mate,  iraa,  probably,  not 


Boja  on  the  ninth,  and  girli  on  the  eighth  da;  after  birth  underwent  a  religions 
pmifioatiini  termed  luttratio,  and  on  tbia  daj,  which  was  caDed  Dia  lustrictu,  the 
former  recdved  their  JVaenmnen  (nomen  aeeipiebant')  Bon,  nntil  they  attained 
to  manhood,  and  gtrta,  until  they  were  married,  wore  a  Toga  Praetexta,  i.e.  a 
eloak  with  a  narrow  acarlet  Ixirder,  and  IVom  the  necka  of  boys  was  impended  a 
hollow  disk  called  BtiUa,  made  of  gold,  ailver,  or,  in  the  case  of  the  poor,  of 
leather,  containing  a  charm  or  amdet  against  the  bednation  of  the  Evil  Eye. 
The  Toga  Praetexta  and  the  BtiBa  were  both  of  Etmscan  origin,  (hence  the 
latter  is  eaQed  Elnitcnm  aartan  by  Jnvenal,)  and  were  at  fiiet  confined  to  the 
ofbfoing  of  Patricians,  bat  before  the  eloee  of  tbe  republic  were  aaanmed  by  all 
Ingenvi.* 

■dBCaHw*. — Elementary  schools  (Ludiu  liierariia — Lvdi  Uterarum)  tot 
both  giris  and  boys,  seem  to  have  existed  from  a  very  early  epoch,  aa  may  be 
seen  fiom  the  atory  of  Vir^cia,  and  these  were  originally  ntnaCed  in  the  imme- 
diala  ^oinitr  of  (he  Fornm.  For  aeveral  centuries  (he  inetruotion  oommunicated 
was  oonfined  to  reading,  writing,  and  arithmetic,  bnt  after  a.  taate  for  Greek 
Hteratnre  had  been  formed,  the  Greek  language  was  eagerly  onltivated.  Before 
the  eloae  of  the  republic,  a  familiar  knowledge  of  that  tongue  was  considered 
bdispeneable  to  every  one  in  tbe  upper  ranka,  and  Qnintilian  recommends 
n.  0.  I  i.  12)  that  a  boy  sbonid  study  Greek  before  bis  mother  tongns.  In 
oe  age  of  Cicoo,  and  for  some  oenturiea  afterwards,  a  complete  course  of 
education  for  youtbs  oonusled  of,  ai  least,  three  parts,  which  followed  each  other 
in   regular  progression  under  diflerent  masters.      1.  Beading,   Writing,   and 


478  raiVATK  JJFK— EDDCAMOK, 

Arithmetic,  taught  by  the  Zvdi  Maguter  a.  Literator.  2.  k  critical  knowledgi 
tf  the  Greek  and  Latin  languagea,  taught  bj  the  Grammalicut «.  Granma- 
tittei.  3.  Compoaition  and  Omtory,  taught  bj  the  Rhetor  Latinus,  to  whidi 
■ome  added,  4.  A  coune  of  Honil  and  Metaphysical  Fbiloaophy ;  '  to  abCaiD 
the  last  in  perfection  it  iraa  not  nansnal  to  reaort  to  Athens,  or  to  some  other 
Amooe  fomgn  seat  of  learning,  althongh  nnmeroue  Greek  Frofessora  of  Ihew 
sciences  were  to  be  fonnd  at  Rome.  FerBoas  of  easy  fortnne  had  Ereqneritly 
domestic  Colon  called  Paedagogi,  answering  in  man;  respects  to  what  ire  now 
term  Nnreeiy  Govcmessei,  who  tanght  children  the  Erst  rudiments  of  literature, 
and  afterwards  attended  them  to  sohool,  while  men  of  great  wealth  sometlmea 
hired  distinguished  Grammalulae,  Rkelores,  and  PMosophi,  to  superintend 
the  triuning  of  their  sons  at  home,  and,  as  among  ounelvet,  the  comparatiTo 
advantages  of  a  pablio  and  a  private  edncation  seem  to  have  been  a  commoD 
Hnbject  of  discuBsion.' 

Holidajs  were  given  regulartj  on  the  Qamipialria  and  SatamaSa.  The 
former  festival  nas  regarded  as  the  commencement  of  the  scholastio  year,  and 
at  thi«  time  a  gratuitj  termed  Mincrval,  waa  presenud  bj  the  pupil  to  hii 
preceptor,  but  this  was,  apparent!^,  digtinct  &om  the  ordinary  sohool  feea.* 

Mode  of  Teaching. — Children  were  tempted  to  learn  their  alphabet  {elemaila 
tdiitt  ut  discere  prima)  by  enconraging  them  to  play  with  pieces  of  ivory  on 
which  the  different  letters  were  marked,  (ebameae  lilerarum  formae ;)  they 
wera  tanght  to  write  apon  waxen  tablets,  ^tabtdae  ceratae — cerae,)  on  which 
a  copy  had  been  previously  traced,  (puerifa  praescriptum—prae/ormaUu 
Kterae;)  a  knowledge  of  arithme^o  was  commuDicated  throngh  the  medium  of 
a  calculating  board  (abacus)  and  counters,  (calevlU)  while  the  memory  waa 
Btiengthened,  and  practice  given  in  Writing  and  Orthography,  by  the  master 
Tcpeatiog  aloud  passages  from  some  popular  acthor,  which  were  taken  down 
and  committed  to  memory.  Such  lessons  were  term,ed  Diclaia.  *  The  children 
of  the  rich  were  escorted  to  Bcliool  not  only  by  Paedagogi,  but  also  by  slavea 
called  Capsarii,  who  carried  in  boies  {Capiae)  the  books,  wridng  tables,  bags 
with  coouUn,  (Loetdi,)  and  other  school  ntenaila  of  their  young  masters. 

KainiBM  DpoM  nanhood. — When  the  education  of  a  yonth  was  com- 
pleted, and  be  was  regarded  aa  fit  to  enter  upon  the  bauncaa  of  life,  he  threw 
off  the  Toga  PraelexCa  and  assumed  a  plam  gown  termed  Toga  ViriUs  a. 
Toga  Pura  ».  Toga  Liberior,  This  act,  whicli  was  regarded  as  an  important 
domestic  ceremony,  was  asuatly  performed  on  the  Liberalia,  in  the  presence  of 
the  rclatioiu  and  friends  of  the  family,  who  aflcrwards  attended  the  young  man 
down  to  the  Forum,  (in  Forum  dedricehant,)  the  formal  introduction  into  publia 
life  being  termed  Ttrocinium  Fori.  'The  event  was  alnayi  solemnised  by  holy 
riles,  aud,  in  the  ease  of  great  personages,  a  public  sacrifice  was  offered  up  in 
the  Capitol. ' 

The  age  at  which  the  Toga  ViriUs  was  assumed  is  a  matter  of  donbt.  Some 
scholars  have  named  the  completion  of  the  fourteenth  year,  others  of  the  fifteenth, 
others  of  the  siiteenlh  as  the  staled  period,  and  all  have  been  able  to  support 

I  Dill,  de  C.  C  K.  39     Suet,  d*  el.  Rhal.  I,    AbL  Call  XV.  1L    AppnlaL  Florid.  M 
Pint.  Q.  R.  to. 
IPlln-BM.  XXIV.  1*.     Plut  C»l.  M»l.  set    Qnlnlll.  L  O.  I.  If.  I. 
■  VUTD  R.R.  III.  1.     Bol.  Epp.  IL  IL  177.     Olid.  FuL  111.  S».    JdtmiiI  I,  VH.   He.   X. 

SQoinlll.LLH  «T.  vtlL  &  V.  iIt.  31.  Baiwo.  B|i]k  M.  Hor.  S,  L  L  M,  vL  71.  Epp.  IL 
tlfl.ll.4i.  Cle.d«l>fg.l[.13.idaF.IlI.I.  Sn«t.d<illl.  Onunm.  IG.d(Dlw.  KliM.1.  t. 
(  de.  Id.  Pud.  V,  «.  ^III.  10.  XV.  &  Brat  M.     InM.  Omit,  i«.  Tib,  It.  H.  CMIf.  10. 


PBIVATB  LIFX— IClXRtAOB,  477 

their  oplnioitt  bj  exunplHi  and  pliuiible  aipimeitts.  In  leality,  it  would  appear 
that  the  tine  iru  never  Sxed  by  any  iorariable  otutom.  In  the  earlier  aget 
the  oompletion  or  the  BCTGnteenlii  jear  was  undoubtedlj  the  onlinarj  age,  for  Ibe 
young  man  then  became  liable  for  militnry  scnicc,  but  in  later  times  this  period 
wu  generally  anticipated,  the  decison  dependbg  entirely  npon  the  vriihee  of 
the  father  (iudieium  pairia.')  We  may,  honever,  lay  it  down  as  a  general 
rale,  that  the  completion  of  the  fonrteentli  and  of  the  Beventeenth  yean  were  the 
tiTO  extremes,  and  that  Prattextati  rarely  threw  off  the  badges  of  boyhood  until 
npon  the  verge  of  their  fifteoith  birth-daj,  and  rardy  retained  them  alter  their 
■izteenth  was  passed.' 

iiiarriaae  orcHcatn.^ — We  have  nlready  (p.  293)  fully  dUcnased  marriage 
from  a  legal  point  of  vieir :  it  only  remains  for  us  to  notice  those  ooMoma  and 
oeremonies,  whioh  maybe  regarded  aaof  a  strictly  domestic  character,  and  which 
were  commonly  practised  at  all  maiiiages,  whether  Cum  Convmtione  in  MnttHm, 
or  Sine  Conventiont. 

Btlrothment. — Whea  a  man  had  nsolreil  to  demand  a  woman  in  marriage, 
he  oommnnicated  his  wishes  to  her  father  or  legal  gnaidian,  whose  consent  waa 
indiapensable,  and  if  be  foand  ttiat  thla  consent  would  not  be  refused,  he  then 
put  uie  formal  qnestion  Spandaiie  t  to  which  the  appropriate  reply  was  iSpondeo. 
After  this  the  partiea  were  considered  as  fiilly  engaged  to  each  other,  and  werp  called 
rwpectively  Sponma  and  Sponsa.  The  ceremonial  of  the  betrothmetit  waa 
termed  SponxUia,  and  was  uanally  celebrated  by  a  festival,  and  on  this  occasion 
the  Sponiua  frequently  presented  a  rin|T,  the  j4nnuiu3  pranithvt,  to  his  Spoiaa, 
who  offered  him  some  gifl  in  return*  Tlie  proposal  of  marriage  and  the 
negotiations  connected  with  it,  were  named  Conditio,  and  hence  this  word  is 
uaedin  tbegeneralBenBeofa  matrimonial  allianct,  as  in  the  phrase  Conditionem 
fiiiat  guaerendara  tut  (Liv.  III.  15. ')  Hence,  also,  when  one  of  the  partiea 
wishea  to  break  off  the  engagement,  ^sponsaUa  dissoleere,)  this  might  be  done 
verbally  by  mating  use  of  Che  foroial  words  Cundiliont  tua  non  utor,  but  when 
the  announcement  was  made  through  a  third  person,  the  same  eipresaione  wer« 
employed  as  in  (he  case  of  a  divorce,  vis..  Stadium  renantiart  s.  remillat, 
or  limply  Nuntium  miltere.  * 

Marriagt  Day. — -Popular  prejudice  forbade  any  marriage  to  be  solemnized  in 
May — Afnus  mains  Maio  ntibere  valgus  ait  (Ovid.  Fast.  V.  490.) — -bat  we 
are  quite  ignorant  of  the  origin  of  thig  guperatitlon.  The  Kalends,  Nones,  and 
Ides  of  each  month,  and  the  day  after  the  Kalends,  NOnes,  and  Ides,  were  also 
avdded,  as  well  as  those  days  on  which  sacrifices  were  offered  to  the  spirits  of 
the  dead,  and  all  Dia  Airi,  The  period  most  propitious  for  the  ceremony  was 
probably  dedded  by  an  Ampex,  who  was  in  attendance  to  avert  the  consequences 
of  any  evil  omen.    ^See  Cio.  de  Div.  I.  16.  pro  Claent.  5.  16.    Inv.  3.  X  33S.} 

Drest  of  the  Bride. — The  Bride  (Nova  Ifapta)  wai  attired  in  an  under 
ginnent  named  RegitUi  or  Tnnicn  Recta,  woven  alter  a  pecaliar  fitabion,  and 
waa  fosteoed  round  the  wust  by  a  woollen  girdle  (eingtilum  /actum  em  Ima 
mu.)   Her  hair  waa  divided  Into  six  locks,  («enu  crinAiu  nuienfet  «manA(r,) 

I  Wba  Vara  uniud  tba 
Tata  Stnm  MMurmla,  (Tull 
CalBi  WH  DM  ptnuillTd  bf  1 
IBBcLCsLinilliltUlllirHtbanHn 

1  PIUL  Aid.  IL  U.  THn.  IL  It.  m.  ] 
TL  )&    Dion  Qua  XLVIll  (4,  LIZ. 

SSwabaPlut.  AuL  III.  >.  1,  SUsta. 

StHiHtl.  ivt  lol.XXIIL  L  lie. 
•Mt.CMa.tl.  OeUv.Sil    TmIL  Aim. 


478  puruc  urK—MAUOAOE. 

wbich  wer«  parted  whh  die  point  of  ao  imtniment  ctHei  hatta  eotiibarit,  d&cr 
really  >  ipear  or  Bome  ■rtiole  of  tbe  toilet  in  the  Conn  of  a  spev,  wUeh  vm 
held  on  Ihitoocaiion  b  ■  particular  poeition,  with  the  point  turned  back  (comal 
virffineat  hasta  recurva  comai.)  On  her  head  was  pUoed  a  vellow  net, 
(EeliciUum  luleum.')  and  a  veil  of  tbe  same  colour,  (^Ftammeum,)  while  her 
feel  were  covered  with  yellow  shoes  (Socct  luld.)  ' 

Nuptial  Procasion,  &c. — The  bride  was  iuvariablj  oondncted  (dtKcre  ■. 
deducere  nabenUm,)  on  the  evening  of  the  roMrii^  Ae-f,  from  the  boaoe  ofhsr 
parents,  to  ber  new  home,  in  n  regular  proccasion  {Pompa  nvplioHs)  fonned  bjr 
tbe  frLcnds  and  relations  of  both  portiei,  attended  by  minstrels,  who  plajed  npon 
the  flute,  [Tibiciaes,)  and  chanted  the  nuptial  Bong  called  Hyjoenaeas  bj  the 
Greeks,  and  Thalasau)  by  the  Ramans,  wbicb  must  not  be  cot^nnded  with  the 
Epithalamium,  which  was  song  at  the  door  of  the  nnptial  chamber  atUr  the  bride 
had  retired  to  reat.  The  ladj  was  escorted  by  three  boys,  (who,  when  tbe  rite 
was  flolemnised  by  Con/arreafto,  were  necessarily  Pueri/ralHnii  et  molrimi,)  of 
whocn  two  supported  her,  one  on  eacb  side,  while  the  third  marched  befbre  bearing 
s  blazing  tordi  made  of  the  white  thorn  ;  (Spina  alba;)  otber  torch-bearen 
were  likewise  included  in  the  procession,  and  hence  the  words  Fa<xi,  Tatdae, 
&C.  either  with  or  witboot  the  epithets,  Nuptiala,  lugalu,  &c.  are  perpetnaSy 
employed  in  reference  to  marriage.  A.  fourth  youth,  called  CamiUiit,  was 
sieo  in  attendance,  nlio  carried  an  open  basket  (cumerua)  contuning  a 
distaff,  a  spindle,  and  other  implements  of  housewife  toil  (nuiitntu  ulmsiiia.) 
When  they  reacjied  the  mansion  of  the  bridegroom,  the  bride  wreathed 
■acred  fillets  of  white  wool  {yitlae)  round  the  door  posts,  and  anmnted  llie  lottei 
with  (nl  or  lard,  (axangia,) — whence  some  dcrire  the  word  Uxor — after 
whiok  she  was  eareTully  liiied  over  the  thresLold,  to  avoid  the  posiibility  of  an 
iUomenedstnmble.'  On  entering  tbe 
~  house,  she  was  received  by  tlie  bus- 

band,  whom  slie  addressed  in  tbe  so- 
lemn words  Vbi  tit  Caitu  ego  Caia, 
and  waspresented  by  bim  with  Gre  and 
water,  to  indicate,  probably,  that  all 
thingsesBenlial  to  life  were  thencefor- 
ward to  be  shared  by  them  in  com- 
mon. '  These  ceremooiee  concluded, 
the  company  partook  of  the  Coma 
NuptiaUi,  at  tbe  close  of  which  nnta 
were  Gcalteitd  among  tbe  gneats,  and 
the  bride  was  then  e«cc«ied  to  ber 
nnptialcheaiber(fA(iIaniiun  uptioUs ) 
by  her  ProntAae,  who  cotreaponded 
to  our  bride's-naids,  but  among  tbe 
Komsna  were  matrons  who  had  not 
been  married  more  than  onoe.     In  the  annexed  cat,  taken  from  the  celebrated 

p!'b»."?lid.h.n' &'[]!.  M.  XXL  a  CaMa'LZL 


479 

paiotinf!  known  h  the  Aidobrandini  Marriage,  ««  na  tlia  brid«  witb  the 
fiananatm  oa  her  bead,  seated  on  a  coach,  probably  the  Ltetv*  gettialit,  with 
a  Pranaba  by  ber  aide.  ' 

On  ths  iaj  after  the  manUge,  the  iieir  mutreaa  of  the  honae  entered  npwi 
her  datita  by  ofiering  lacrifice  on  the  domeatia  altar,  and  in  the  aftcnunKi  an 
cntartainmant  waa  giien  by  the  bridegToom,  wbioh  wu  oalled  Eepotia.  * 

The  verb  Nubere  lif^jGes  properly  to  ftU,  and  is  therefore  naed  exclnuTely 
with  rererenoe  to  the  act  of  the  woman  in  oontraoling  a  marnage,  while  <ni  the 
other  baud,  Ducere,  whioh  denotes  the  ceremony  of  leading  home  the  bride,  is 
confined  to  the  nan;  thna  we  lay  iVubere  iiirii  and  Dvcere  uxoran,  never 
Nubere  vxori  or  Ducere  virum;  e.g.  Nubere  PauUa  cupit  nobit,  ego  ducere 
PaaikuB  —  Nolo:  aniu  e*t:  veUan  ri  magii  uiel  antu:  and  again,  Nrdxrt 
vie  Priico,  non  vdror,  PauUa,  eamid,  ^  Dveere  le  nan  tmft  Priteiu,  et  iUe 
MifU  (Martial  IX.  6.  X.  8.) 

VaaaiBi  BiMa. — We  aba]l  dewsibe  the  eeremoiuee  observed  in  eekhnting 
tbe  obeeqniea  (^Bxiequiae)  of  a  man  of  ranc  and  fratnne ;  bnt  it  moat  be  nnder- 
sltwd  thUaevenl  of  theea  would  be  omitted  in  the  case  of  mdiTidnali  belonging 
to  the  middle  and  humbler  dassea  of  society. 

As  soon  as  life  was  eitinot,  those  who  Eoironnded  tlie  couch  of  the  deceased 
raised  a  loud  shout  of  woe,  (clamor  tupremia,}  and  hence  conctamnia  corpora 
signify  bodies  in  wbioh  no  traoe  of  life  lemuos,  as  in  the  expressions — Concla- 
mata  et  desperata  corpora — tcce  ram  ullimum  dcJUtta  atme  couclamatui 
procesterat  ntortuus — tam  corpora  nojtdum  -»  Conclamala  lacent — At  vera 
dainui  luac  iom  deflttm  et  conclomatus  es. '  Kotice  of  the  death  was  imme- 
diately sect  to  the  temple  of  Venus  Libitina,  where  a  register  was  kept  and  a 
fee  paid,  (^Auctunmufpie  gravis  LAitinae  qaaeiius  acerbae.  Hot.  S.  II.  vi. 
19.)  imd  where  undertakers,  hence  called  Libitinarii,  were  constantly  in 
attendance  to  prOTide  all  things  necessary  for  interment.  By  one  of  these,  a 
slave,  called  PolUaelor,  was  forthwith  dcspatotted,  by  whom  the  corpse  waa 
washed  with  hot  water,  anointed,  dressed  in  the  garb  which  it  had  worn  on 
ocremoniid  occasions  when  alive,  and  laid  oot  upon  a  coach  {Lectiu  Jiatebrit) 
in  tbe  Atiiom,  with  its  feet  towards  the  door.  In  performing  these  offioea,  the 
PoUinclor  was  said  curare  corpus  ad  sepuUuram.  A  cypress  tree  or  a  pine 
was  then  placed  before  the  bouse,  partly  as  an  emblem  of  death,  partly  to  give 
warning  to  priests  or  othen,  who  might  have  incorred  pollntion  by  entging 
inoaatiously.  * 

Uany  funerals,  especially  those  of  a  private  or  humble  description,  took  plaoe 
by  night,  and  heucc  toichea  are  trecjuenlly  mentioned  in  coiuieotion  with  the 
rites  of  sepulture,  as  well  as  witli  those  of  marriage.  Thus  in  one  of  tbe  elegies 
of  Propertius  (IV.  xL  46.)  the  spirit  ofawifb  boasts — Viximu*  intignet  into- 
>itramque  facem,  i.e.  from  the  day  of  marriage  until  tbe  hour  ofiatertaeat; 
and  one  cf  Ovid's  heroines  (Heroid.  XXL  173.)  exclaims  b  her  misery — Bl 
face  pro  Ihalatai  fax  miJU  morlu  adetl.  The  procession  was  marshalled  by 
a  sort  of  master  of  ceremonies  eallad  Designator,  who  was  aided  by  asaistanta 


1  Plot.  Q.R.  1.  30.    CIS.  pro  Marw.  II.     Quinlll.  I.O.  L  'U.  ta.     FuL  Diio.  •■ir.  Apm, 

^  a.  J^iB«,  n.  B7.     OTld  I'tJt.  IV.  79i.,    DIgBt  XXIV.  1.  Sa     BUL  BllT.  I.  11.  1.  H44 

>  QDlntlL  DhIul  VlIL"ia7'  Ainn>^'''Hu«ll°^  /xX."  ja"'  Ofld.  Trtlt.  III.  Ul.  «S. 
Jam*.  Phu.  IL  a.    Apnlti.  HaL  L  i.  IL  SS. 

anBtQ.B.U  D\oaji.lV.li.  ^or.  8.II.  Tl.  1».  But  Nw.  H.  'FIwL  Ailn.  V.  IL  Oa 
DlfWt.  XIV.  lU.  &  Ut.  1CXZIV.7.XL.I9;  Iut.  8.  UL  ITJ.  Pllo.  H.N.  VIL  S.  ZVL  10 
Mrr.  ad  Vlrf.  £b.  UL  St. 


480  FtMBKAU. 

«illed  Lictoret,  attired  in  maarning — duni  feat  prima  calorqvt  -—  Datgna^ 
tortm  dteoral  tietoribu* atris  (Bar.  Epp.  I.  vii.61.)  Fint  came  the  mnnciuM, 
Tibicina,  CormaJKi,  and  Tubiciaa ;  then  the  Praeficat,  hired  female 
monniert,  some  of  wbom  chanted  dirges,  (Naeniae,)  while  others  shrieked 
•load,  beat  their  breasts,  and  tore  their  bair;  then  dancers,  dressed  np  lika 
satj-rs;  thenacton,  (Mii>u,)atiiongffhDin  wasoneunned  the  Archiminiux,  who 
micniclicd  the  appearance,  movements,  and  language  of  the  dead  mao ;  then  tiie 
Imaginet  ot  illustHoos  ODoastors  in  loos  scraj.  '  The  body  itsdf  followed, 
extended  apon  the  Lecliu  /unebra,  which  was  spread  upon  a  frame  or  biet 
called  Ffretrum  or  Capulia,  and  tbis  was  supported  sometimes  hj  tb« 
children  or  near  kinsmeo  of  the  deoessed,  sometimes  bj  those  among  hii  LBierti 
to  whom  freedom  had  been  bequeathed  bj  hit  will,  and  in  tbe  case  of  slaves,  or 
of  those  among  the  poor  who  had  no  relatives,  hj  bearera  called  Ve^niionet, 
furnislicd  by  tbe  Lihiiinariua.  Tbc  bier  wasfollowed  by  all  the  fiunily,  oooneo- 
tions,  and  friends,  attired  in  black,  (alnifi,)  the  newly  liberated  &sedmen  wear- 
iDg  the  pUmi  on  their  lieads.  ■  Tiie  lines  of  Feraios  (S.  III.  103.)  oontain 
allusiona  to  several  of  tbe  paints  noticed  above.  Speaking  of  one  wlio  had  died 
of  gluttony — 

Uinc  Tuba,  Candelue,  Undeinqiie  beatuliu  slto 

Compasl[U9  Leeto,  cmssiaquo  liitatiu  smomis 

In  portom  rigidos  calces  eitendit,  at  ilium 

UeitemI  capito  induto  subiero  (juirites. 

Tlie  Pompa  defiled  into  the  furum,  and,  in  the  case  of  penons  of  distinction, 
baited  beneath  the  Rostra.,  when  some  one  of  the  relatives  or  admtren  of  the 
departed  ascended  the  plntform,  and  delivered  a  panegyrical  harang^ue  {Lmt- 
dalio  fantbris — Solemnis  laudatia.)  '  This  being  concluded,  the  procesuon 
resumed  its  course,  and  proceeded  to  the  place  where  the  body  was  to  ba 
interred  or  burned ;  luid  it  was  ordained  by  the  Laws  of  the  HI  Tablet 
that  this  place  must,  in  either  case,  be  outside  of  the  city  walls— fomtnea 
in  urbe  ne  tepelito  net*  tiri(o.  Inhumation  was  generally  practised  in  the 
earlier  ages ;  but  towards  the  close  of  the  republic,  and  during  the  fiiil  fbnr 
centuries  of  the  empire,  tiie  body  was,  in  the  great  majontj  of  cases,  ooo- 
■amcd  by  tire,  and  the  ashes  consigned  to  the  tomb  in  on  um.  The  pile  of 
wood  raised  for  tills  purpose  was  termed  Rngus  otPyra;  the  place  where  it  wu 
erected,  Uitrina ;  and  what  remained  after  the  flames  were  extinguislied,  BtMitm, 
the  latter  word  being  frequently  employed  in  a  general  sense,  to  denote  a  plaoe 
of  interment.  Tbe  corpse  having  been  placed  on  the  Rogus,  perfumes  and  Tuiom 
tokens  of  affection  were  thrown  upon  it,  and  then  the  son  or  nearest  relation,  witb 
averted  face,  applied  a  loreh  to  the  structure.  When  the  whole  was  cottsumed, 
the  glowing  embers  (yavitla)  were  eitingnislied  witii  wine,  the  charred  bonee 
were  collected,  sprinkled  first  with  wine,  then  with  milk,  dried  with  a  linen  cloth, 
mixed  with  the  most  costly  perfumes,  and  enclosed  in  an  um  of  carthenwaie, 
marble,  glass,  or  metal,  which  was  deposited  in  one  of  the  niches,  (bctiii,)  arranged 

I  Hor.  EpoiVllI.  S.8.  I,  t1  »1  A.P.Ul.  Olid  Amoir.  II.  il.  6.  Pen.  9.  Ill  108  Ken 
^rjSa.  p."i3i  Ul'o-.jfc  vni"  '  S«t  ^ap.  is,  "polyb!  VL  a.    Plln.  h".  XXXV.  i 

S^^olniL  II.  Pliit?«."V  S<il.»dVlnr.  £11.  VLWt  ■nilJtliniwLlcbfJk-llMl 
aait  not  bs  HnroaDdid  with  tht  Saiultiiiitl.  s  eormi  coffin  In  ahloh  the  bnmblMt  poRtBB 
oTtheeamniiiiiltTwtreconietEdullHiainb.  the  I'llii  .^m  of  Herua,  tbe  Orrimlaita  a  nim 
sfHirtitt     M>n.1I.SI.  VllT.Tl.X.'i.    Uor.  B.  I.  tIII.  S.    luT.  B.  VUL  ITh    SihLD(«.II 

*ra1>b.VLi«  DloDjm  IV.  40.  V.  IT.  IX.  M.  XL  M.  PJdL  FopUo.  ft  CUUL  L  Uv.  T. 
W  Vin.  M.    CI*.  Bru.  le.  da  OnL  IL  II. 


d  Cotua 
barium. '  Annexed  ii  a  re- 
presenUtioD  ofa  place  of  Kpul- 
tnre  of  thi»  description,  as  it 
now  exiita  at  Pompeii. 

Nine  daj»  after  the  inter- 
taeoX,  a  repast,  called  Coeua 
Feralis,  ooDBisting  of  a  few 
limple  articles  of  fbod,  wa» 
placed  1}eaide  the  tomb,  and 
of  this  the  Manet  trere  inp- 
posed  to  partake.  The  solem- 
nities perfonned  wbea  this 
■acrilice  or  oSeriog  was  pre- 
NDled,    were    compreheiided 

under  the  tenni  Noeemdialt  Sacrim,  or  Feriae  Novemdiales.  The  Caena 
Feralit  most  not  be  eonfonnded  with  the  Coma  Fanerit,  a  banqaet  given  in 
bonour  of  the  deceased,  by  his  represeatative,  at  the  familj  mansion ;  and  the 
Cotna  Funeris  must  be  distingnishcd  from  the  SiUcerniiim,  a  repast  taken 
beside  the  tomb.  * 

When  any  great  public  character  died,  tlio  wliole  community  were  requested 
to  attend,  and  inch  a  funeral  was  styled  i^nu  Publicum,  or,  in  consequence 
of  the  invitation  being  given  b<r  a  piiblio  crier,  Fimui  IndicHvam.  These  were 
frequently  accompanirf  hy  shows  of  gladiators  and  games  {Lxtdi  Jwithret)  of  all 
descriptions,  and  concluded  by  a  mngnificent  banquet,  {^Epulam  funebrc,')  to 
which  the  most  distinguished  members  of  the  community  were  asked,  while  a 
distribation  of  food  (Viictratid)  was  made  to  those  of  inferior  grade.  The 
most  gorgeous  ceremonies  were  usually  lavislied  on  the  last  rites  of  one  who  had 
held  the  office  of  Censor,  and  hence  any  funeral  conducted  in  the  same  manner 
was  called  a  Fvnaii  Censorium.  ' 

We  need  not  feel  surprised  at  tbe  extreme  importance  attached  to  these  obser- 
vancea  by  the  ancients,  when  we  remember  that  a  belief  prevailed  among  almost 
all  nations,  that  unless  the  body  was  decently  committed  to  the  earth,  the  spirit 
was  onable  to  gain  admission  to  its  appointed  abode,  bat  wandered  ahont  in 
..nstless  misery.  The  dead  were  regarded  as  lawblly  entitled  to  a  decent  burial 
^^tm  tbe  living,  and  hence  the  ordinary  phrases  which  express  the  fiilGlment  of 
this  obligation  are  lutta  ^s.  debita) /acere  s.  reddere  ».  lahere.  Any  one  who 
chanced  to  End  an  TUibuned  corpse,  although  it  were  that  of  a  stranger,  was 
held  to  be  guilty  of  impiety  if  be  did  not  perform  the  rites  of  •epalttu'e  in  their 
most  simple  shape,  by  thrice  casting  a  handful  of  earth  npon  the  remains ;  (Hor. 
C.  I.  zxviii.  22.  &c. ;)  and  if  the  body  of  any  member  of  a  family  was  knowit 
to  be  unhnrted  in  consequence  of  death  b/  ebipwreck  or  irom  any  other  cause, 
then  an  empty  tomb  {Cenotaplitum)  was  raised  to  his  memory,  and  his  heir 


p.  aes.  ud  (b«  ooTTfipopdlpr  putufl  In  F«tu 
,    LIT.  VIIL  n  XXXIX.  M.    Cl«.  pro  Moran.  M. 
V.lieo.    Cictelin.  IL»    T>clt  Add.  IV.  IS.XIII.& 


482  nmxBALB — siymwi  of  i>i.x  Anv  hioht. 

WM  obliged  to  McriSee  each  jeti  a  *tctim  lermed  Porea  Praeeidanta,  to  TeDm 

and  Cerea,  In  enter  to  free  himself  and  kioemen  fnan  poUnlion. ' 

But  even  tita  the  ordinary  fdnetal  ritei  bad  been  performod  with  ■)!  dnt 
hoDonr,  oljUtioiu,  in  tbie  awe  called  In/eriat,  were,  b;  man;  poMiu,  r^nUrlj 
made  at  the  tombs  of  parents  and  near  relatiaiia  b;  tiieir  tnniriiig  cbUdtcn  and 
fcbdi«d,  finm  feelings  of  oSectian,  because  such  tributes  wore  believed  to  be 
gnteful  to  the  Mana.  Those  who  made  ofierings  of  thia  deaeriptioo  wen 
taid  Parentare ;  and  ibe  period  of  the  jearcbieiy  set  apart  for  this  oarpose  was 
the  festival  of  the  Feralia  in  Febniaty,  (the  month  of  purifications,)  and  heoM 
the  dajB  during  which  these  salemniiics  were  continued  were  called  Paretitalet 
Difs,  and  the  gifts  presented  PartntaUa.  Paretitare  is  used  also  in  the  general 
•ense  1^  propitiating  the  dead,  without  particular  reference  lo  relations. ' 

The  most  important  passages  in  the  Latin  Classics  relating  tc   ' 
the  dead  will  be  tciund  collected  in  KntCBKAian,  De  funtribm  Bomanorma, 
fiist  pobUshed  at  Hamburg  in  1605,  and  freqncntlj  reprinted. 

—  II.  Cdstoms  cokbecteu  with  Evekt-dat  Lire. 

n  which  he  describes  the  ordinar;  mode  of  ipendbg 

Prims  ulntantes  atijiie  slWra  cantinet  boras, 

Elercet  tbucoi  Urtia  caueidlcos. 
In  quintam  Tsrloa  eKtendiC  Roma  Ubores, 

Sextn  quin  lasiis,  Beptjma  finis  erit, 
SufKcit  <n  nonom  nitidis  octsva  pslaeatris, 

IjDper^  exstniclOA  frui^fere  nona  toroe. — IV-  riiL 

The  occupations  here  indicated  are — 1.  Paying  and  rectiving  visits.  2.  Pro- 
fissional  biainen.  3.  Tkt  noontide  Siesta.  4,  Exercise.  5.  The  SepasL 
We  shall  saj  a  few  words  upon  each  of  these  in  succession,  commencing  with  an 
explanation  of  the  system  according  to  which  the  day  was  divided  into  boon, 
and  inserting  some  account  of  the  Bath,  which  is  not  spedfically  noticed  bj  Mar> 
(ial,  probabl/  because  he  regaidcd  it  as  iuseparabl/  connected  with  eierdse. 

DlvlatoBi  arth*  Out  sad  the  Nlfki. — in  their  computations  of  lime,  the 
Romans  made  use  of  Ibe  Natural  Day  and  Natural  Night,  the  former  extending 
Irom  Sunrise  to  Sonset,  the  latter  from  Sunset  lo  Sunrise. 

Ditiskm*  of  the  Day.~-1\ie  apace  from  Sunrise  to  Sunset  woe  supposed  to  be 
divided  into  twelve  equal  spaces,  each  of  which  was  called  Hora,  but  unce  thia 
interval  varies  from  day  to  day,  it  is  manifest  that  the  length  of  a  Roman  boar 
was  never  the  same  for  two  days  consecutively,  that  it  went  on  constautlj 
increasing  from  the  winter  solstice,  (Brumo,)  when  it  was  shortest,  until  the 
eommer  solstice,  {SoUliliitm^)  when  it  was  longest,  and  coincided  in  length  with 
our  own  hours  at  two  points  only  in  the  year,  namely,  at  the  Eqninoxea. 
Sunrise  was  SoUs  Orlui;  Moon,  Mtridiu;  Sunset,  Solis  Occasiis;  Mana 
was  on  indefinite  word,  denoting  the  early  part  of  the  day ;  Temptis  AnU- 
meridianunt  comprehended  the  whole  space  from  Sonriee  (o  Noon,  Tai^nit 
Pomeridianum  irom  Noon  to  Sunset,  Meridia  IncUnatio  the  turn  of  the  daj 
after  NocBi. 

Bivisiotu  of  the  Night. — The  space  from  Sunset  to  Sunrise  was  divided  into 

rd  Otrl.    P»l'  !»■«-  (-v.  Pntmiilimm,  f,  m 
Fiilllpp  LS. 


rluVlHDr,  p  MTO.  «t.  PnlKh.  camp,CIC.  dflldCg.  IL 
Ovid.  F»M.  (I ■   -      ■■   -      --  -■     -   " 


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


UEAStmuBST  or  TDO.  4SII 

flmr  eqnal  sptoes  called  Vigiliae,  urerslly  dUtingniabed  m  Prima  .  .  . 
■Seettnda  .  .  .  Tertia  ,  ,  .  (^arta  VxgUia,  each  Vigilia  oontaiiiiDg  threa 
Horae  Noetit.  A*  in  the  ease  of  the  honn  of  the  dar,  the  1eng;th  of  the 
VigiHat  eoiulantlj  varied,  they  vera  longest  in  winter  and  «liorteat  in  mmmer, 
toataining  three  of  onr  honn  at  the  Equinoxes  only.  In  every-dsy  life  eight 
diiimooB  of  the  ni^t  were  adopted,  which  were,  however,  alKigether  indefinite. 
Theae,  taken  in  order,  were.  1.  Vespera  a.  Crepiaculmn ;  3.  Prima  Fax  a. 
Prima  Lumina  a.  Pritnat  Tenebrae;  8.  Conettbirt  Nox;  4.  lutempala  Nos, 
oomBponding  to  Midnight;  5.  Mtdiae  Noclii  incUnatio;  6.  GaUicauum; 
7.  Conticimum;  8.  DiCaadum,' 

n*d«  •r-DleaiBriiig  Tin*. — The  progreas  of  the  day  and  the  night  mnst, 
for  a  kmg  period,  have  been  guessed  from  oUerring  tbe  position  of  the  mm  and 
of  the  stsTB,  for  no  oontrirance  foe  the  meaanremeDt  of  time  was  known  al 
Rome  until  tbe  latter  end  of  the  fiflh  century.  According  to  one  aecount,  the 
fiiat  sua-dial  waa  brought  from  lontheni  Ital;,  and  placed  in  front  of  the 
temple  of  QoiriQua,  by  L.  Fapiritu  Cursor,  aboot  B.C.  293  ;  according  to 
another  aooount,  the  first  sun-dial  waa  brought  b;  M.  Valerius  Mesaals,  from 
Catania  in  Sicilj',  in  B.C.  263,  and  fixed  near  the  Eoitra.  Neither  of  tbeae 
haiing  been  coustmcted  for  the  latitude  of  Borne,  tlie  indications  they  afforded 
were  neceasarily  incorrect  and  inconsistent  with  each  other,  bnt  thej  were 
foHowed  aa  gnidea  for  nearly  a  hundred  years,  until  Q.  Harcius  Fhilippua 
{Consnl,  B.C.  169)  set  up  a  more  accurale  inatrument  In  B.C.  1G9,  P.  Sdpio 
Naaiea,  at  thai  dme  Censor,  introduced  Clepsydrae,  which  were  oonttiTancea 
resembling  in  principle  our  honr-glassee,  hot  in  which  water  was  employed 
instead  of  aaod.  Ttieae  appear  to  have  been  eitensirely  naed,  and  it  ia  manifest 
that  whatever  space  of  time  they  were  eonitructed  to  measure,  it  must  have 
been  fixed  like  our  dwd  hours,  and  could  not  have  varied  like  tbe  Roman  houia 
with  the  aeason  of  the  year.  Ingenious  and  complicated  contrivancea,  which 
gave  resnlta  similar  to  those  afibrded  by  modem  clocks,  were  invented  by  Greek 
mechanicians,  and  were  doubtless  known  to  the  Bomans,  but  they  were  regarded 
merely  as  cnrioaitiea,  and  certainly  never  superseded  the  Solanum  and  tha 
CUpiydra,  which,  in  courts  of  justice,  were  watched  by  an  Accensns,  who 
reported  to  the  magistrates  the  hours  as  they  passed,  while  in  lai^  private 
establishments  a  slave  was  kept  for  the  parpose. 

The  words  which  strictly  denote  snn-dials  are  Solaria  and  Scialtrica,  while 
Boraria  and  Horologia  may  mdicate  any  instruments  for  measuring  time; 
Solarivim,  however;  was  used  as  equivalent  to  Ckpsydra — Solanum  iid 
dacT^tum  vtl  ex  aqua,  (Cic  de  N.  D.  11.  34.  eomp.  Censorin.  23,)  but 
Cleptydra  was  confined  lo  water- clocks. ' 

MbIhibiIs.  BpvrtaiB. — In  the  early  ages  of  the  state,  il  was  part  of  the  duty 
of  Clients  lo  be  aseiduons  in  their  attendance  on  their  Patron,  to  escort  him  down 
to  the  Forum,  and  to  swell  his  train  upon  all  occasions  of  ceremony;  while  on  th( 
other  hand,  the  honse  of  the  Patron  was  always  open  to  his  Clients,  who  sought 


1&4  8U.DTATI0 SFOBTULA. 


bis  adTUN  and  SMigtaDoe  ia  all  cuMof  peq>)exilf  or  dai]ger(pp.  90,  91).  Aft«r 
poUtical  dutinctiona  bttireeii  Fatrona  snd  Clients  were  eDtirel/  at  an  end,  the 
old  naioei  snd  the  old  f«elinga  were  OiU  retained,  the  bigfa-bom  noble  Btill  loved 
to  be  mrronnded  by  a  throng  of  obseqnioui  folloirers,  and  moltitDdea  were  atill 
to  be  fonnd  among  the  poorer  citizeni,  eapetaally  I^ertini  and  their  deicmdantt, 
who  were  eager  to  attach  themeelve*  to  tbs  penoni  of  the  rich  and  powerful, 
and  to  repaj,  with  ooarae  flattery,  the  protection  and  aid  which  they  nceiTed. 
Towards  the  close  of  the  repablic,  and  under  the  empire,  it  became  Doitomary 
for  those  nbo,  firom  their  wealth,  connediona,  or  high  stations,  poueased  exlen- 
give  infloMM,  to  hold  daily  regnlai  levees,  wMeh  were  attended  by  many  wbo 
aimplj  detured  to  testify  tiieir  respect  and  regard  far  the  individual, '  but  by 
manj  more  who  hoped  to  benefit  by  his  power  and  patronage,  (talulatio  tntn- 
fortu,}  and  in  the  case  of  Clients  and  dependenls,  sndi  vunti  were  regarded  as 
an  imperative  doty  (offiduia.')  The  regiUar  bcnir  of  reception,  as  indieated  by 
Martial,  was  snnrise,  and  hence  the  expressions  Salatatio  matuiina — Offaa 
atiUlueana — ingenltm  foribv*  damas  alia  nperbU  =-  Mane  Salulantttm  tolit 
vomit  atdibux  ukdam  (Virg.  G.  II.  461) — nor  have  the  Satirists  fuled  to  present 
ns  with  lively  pictures  of  the  crowds  who  rose  in  haste  and  harried  throagli  the 
BtieetB  in  the  cold  dark  rainy  mornings  of  winter,  all  in  loll  dress,  (logali^  each 
alarmed  lest  bis  rival  should  be  beforehand  with  him  in  rendering  homage — 
toUicibu  ne  ■—  Tola  aalalalHx  tam  turba  peregerit  orhem.  (lav.  8.  T.  21.) 
Daring  the  republic,  when  even  the  most  hamble  possessed  a  certain  amount 
of  polid(^  iafluenoe,  it  was  osnal  for  the  great  man  to  mvite  his  rebUDBra  occa- 
sionally to  his  table.  Under  the  empire,  the  luzarions  habits  nniversnl  among 
the  ridi,  and  the  absence  of  any  strong  inducement  to  cultivate  the  bvonr  oi 
the  poorer  classes,  caused  this  pra<itice  to  &11  in  a  great  measure  into  disuse,*  bat 
as  a  sort  of  oompeniation,  all  who  were  recognised  as  Clients  of  tbe  house  wet« 
entitled  to  receive  occasionally,  or  daily,  as  the  case  might  be,  an  allowance  of 
cooked  provinons.  This  gratuity  being  carried  off  in  a  basket  provided  for  the 
porpoecr,  vras  termed  SporliJa,  and  these  baskets  or  trays  were  sometimes  fitted 
np  with  small  stoves  or  braziers  to  keep  the  viands  hot  while  transported  to  ■ 
distance. 

NODue  vldes  quvito  oslebretnr  Sportnla  (tamo  ? 

Centom coDvfvae ;  nqnitursua  quemqae  culina.— luv.  S.  III.  249. 

Id  process  of  time,  many  found  it  convenient  to  sabetitnte  a  small  sum  in  money 
for  the  allonuice  of  provisions,  and  the  ainouit  thos  bestowed  seems  to  have 
been  fixed  at  a  hundred  QuadranUi,  that  is,  about  a  shilling  sterling. 

It  is  clear  from  the  woids  of  Juvenal  and  Martial,  that,  when  they  wrote,  the 
pencns  who  apphed  for  and  received  the  SpoHula  were  by  no  means  exclosively 
the  lowest  and  poorest  of  the  community;  for  nhile  the  latter,  in  many  cases, 
depended  entirely  upon  the  Sporiula  for  the  necesiaiiea  of  life,  many  wbo  bad 
risen  to  high  offices  did  not  disdain  to  calcnlate  tbe  profits  arising  from  this 
source  as  a  regular  item  in  their  income. 

Sed  qanm  Bommus  honor  Snito  compntat  anno, 

Sportula  quid  refeiat,  quantom  lationibus  addat ; 

Qald  bdent  comitet,  qaibai  Mne  toga,  ealoetu  hinc  ett, 

3.  ___._, ^  —  ?— luv.  S.  L117. 


1  IhCIi.  uirHTi.  IX.  M,  ad.  Alt.  L  ) 
s  If  A  wwr  oUvit  by  anj  ahuin  *u  b 

sd  (onp.  Plhi.  Bpp.  IL  S. 


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485 

'Veletin  ilto,  thtt  in  each  great  booM  ar^nlar  list  wu  kept  of  penom  entitled 
to  the  ^wrtulo,  who  min^t  ba  dther  ihbIm  or  femtdei,  and  thftt,  to  pnrent 
impOBtnre,  all  vere  raqnired  to  make  their  claim  in  penon.  An  amuing 
detcriptloa  will  be  fonnd  in  Jarenal  of  the  tridu  resorted  to  in  order  to  evade 
tliii  regulation. 

A*  to  the  lime  o(  doling  ont  the  ^>orlula,  our  two  great  anthoritiea  in  thie 
msEter,  Juvenal  aud  Uaifial,  are  at  Taiianoc,  the  fonner  (3.  L  128)  repreienia 
it  M  the  flitt  act  of  the  day,  the  latter  leads  as  to  believe  that  the  distribution 
took  place  immediately  beTora  the  erening  meal  (X.  70.) 

Ve  mt,j  oooolnde  from  Seneca,  com[uired  with  Juvenal  and  HanJal,  that, 
even  during  the  first  centnry,  the  lurba  mane  laltUanlum  wna  divided  into  three 
classei — 1.  Those  who  were  the  friende  and  equals  of  him  who  held  the  levee, 
and  who  visited  him  from  courtesy  ooiy — such  had  the  firgt  entree  (Prtmoe 
Admitmna.')  2.  Those  who,  althongb  desirous  to  solicit  intereet  and  favooie, 
occupied  a  respectable  pedtion — such  had  tlio  Secujidne  Admimone*.  3,  The 
throng  of  ne«!;  retainen,  who  were  not  admitted  to  the  piesence  at  all,  but 
received  their  Sportuia  at  the  door  (prima  limine.)' 

PrafeHlaaal  BadacH. — Tbe  first  and  second  hoare  of  the  da;  having  be«i 
oonsumed  by  vidta  of  oeremony,  the  third,  fourth,  and  Edh,  according  to  the 
amtngements  described  above,  were  devoted  to  ratious  toil*,  die  third  eapeclallj 
calling  forth  the  energies  of  the  judidsl  pleader.  The  space  ect  ^iirt  for  the 
active  oecnpatioDS  of  life  appears,  at  first  light,  altogether  inadequate,  bat  it 
must  be  remembered  that  the  ideas  entertained  bj  the  conntrjrmen  of  Martial 
with  referenoe  to  what  we  call  Frofcssionnl  Business,  were  altogether  diSeroit 
from  our  own.  During  the  earlier  ages  of  the  republic,  the  time  of  a  citizen  wat 
divided  between  war  and  agriculture,  the  [alter  was  regarded  aa  the  only  pnmdt 
by  which  gain  could  be  honoorably  acquired,  and  the  Ramans,  at  all  periods  of 
th^  history,  were  enthouastic  bvera,  in  theory  at  least,  of  the  coaQtry  and  the 
laboun  of  the  bimer.  In  procees  of  time,  as  the  inlerconiae  with  distant  conn- 
tries  became  more  frequent,  the  merchants  (Vn^ria'orM)  ennged  in  foieigo 
trade  commanded  .a  certain  degree  of  respect  in  consequence  of  their  wealth,  hit 
a  great  nnmber  of  these  resided  abroad,  wliilo  tbe  rest  were  constantly  moriiu 
&om  plaoe  to  place,  so  that  they  never  exercised  much  political  iofluenoe,  and, 
therefore,  never  oocnpied  a  high  position  in  the  commnnity.  The  members  of 
Ordo  Equttler  indeed,  which,  from  the  time  of  the  Gracchi,  was  compoeed  of 
the  class  of  monied  men,  (p.  101,)  invested  their  fimds  in  the  joint^tock  com- 
piniee  (loeUlata)  which  fanned  the  public  revenues,  (p.  281,)  bat  they  merely 
furnished  tbe  capital  required  to  conduct  these  enterpnsa,  the  whole  burden  of 
the  practical  details  bong  in  tbe  hands  of  subordinate  agents  and  managers.  We 
have  Men  in  former  chapters  (pp.  856,  430)  bow  the  Aimy  and  the  Bar  even- 
tually became  Pro/asiom,  \a  tbe  tnodem  acceptation  of  the  term,  but  the  num- 
ber of  profeenons  open  to  penons  in  tbe  upper  rauks  of  life  was  not  increased  for 
emtaries,  the  praotice  of  all  the  other  liberal  arts  and  sciences,  by  whidi  fartunea 
could  he  realised,  being  for  the  most  part  in  the  bands  of  Greeks. 

If  the  merahant  on  a  lara;e  scale  was  treated  with  a  c^tain  degree  of  consider- 
ation, the  retail  dealer  (^fiutilor)  and  the  ortizan  [Opifex)  were  at  all  times 
regarded  with  contempt,  aod  'this  feeling  became  lo  strong,  as  the  dignity  of 

I  On  th*  Snixlalii  In  HiMnl.  h*  Idt.  IIL  IH.  V.  19.  IS.  Benu  Ep.  LXVIII.  da  B«mC 
VI.  M.  dt  Bnr.  tit.  \A.  Plln.  Epp.  III.  It.  M«^I>1  IV.  &  IX.  lOO.  IC.  10.  XII  IS.  Od 
tbo  «;»'ru;.i.  H>  lllT.  B.  I.  M  Kqq  III.  K<iq.III.t48  MvKsL  L  «0.  IIL  T.  14.40.  IV.  M.Sk 
VII. :».  VIII,  41.  U),  IX.  S&  lei.  X.  n.  M.>a  74.  :9.  comp.  Sutl.  K«r.  lU.  Uam.  T. 


Borne  Twe  high,  that  ire  have  reason  to  believe  that,  towards  the  cIom  of  thf 
oommonireallli,  the  great  msjority  of  thou  who  fbllowed  mch  callings  wera 
■UvM  or  Jtiwrfini,  and  the  absence  of  all  means  of  earning  an  honest  livelihood 
with  Ofedit,  may,  in  some  degree,  account  for  the  eioeasiyo  venaiily  whidi  pre- 
vuled  among  ths  lower  class  of  oitiiena.  The  same  dislike  to  indoaliy  pre- 
vailed imdw  the  empire,  and  a  large  nnmbcr  of  the  (reel)oni  citizens  passed  their 
Utm  in  abaolute  idlenesi,  depending  npon  the  pittance  yielded  by  the  Sportula, 
(p-  481,)  and  on  the  gratuitous  distributions  of  grain  md  other  largmscs  pro- 
ceeding from  the  liberali^  or  the  policy  of  sncceenveprincea.  If,  hoirever,  their 
poverty  was  abject,  their  desirea  were  moderate,  they  demanded  nothing  bnl 
bread,  and  the  public  shows 

Qui  dabat  olim 
Imperlom,  Fasoes,  Lt^ones,  omnia,  nnuo  se 

FaNEM  ET  CmCKKBEB. 

ThB  Hmm. — Tliii  requires  no  illustration.  The  practice  of  retiring  to  rest 
during  the  hottest  portion  of  the  day  slLIl  pieviuls  iu  Southern  Italy,  as  well  ■■ 
in  Spain  and  in  tropical  coontnes. 

BHcrcUa. — ExrTcilatumes. — The  Diaxtial  character  of  the  Romans  led 
them  to  cultivate  >nitb  enthusiasm  all  kinds  of  manlj  and  atliletic  sports.  From 
the  very  eommencemeut  of  the  republic,  the  Campus  Hartins  was  specially  set 
apart  as  the  public  excrriamg  groond,  and  bere  the  youth  were  accustomed  to 
assemble  each  day,  in  order  to  acquire,  by  praclice,  skill  in  (he  use  of  warlike 
weapons,  end  to  gain  power  and  agility  of  limb  by  severe  and  assiduous 
training.  Here  they  found  ample  scope  for  horsetnanehip,  for  latmching  the 
javelin,  for  burling-  the  quoit,  for  pugiliitio  encounters,  for  running,  leaping, 
wrestling,  swimming,  and  similar  gymnastic  feats,  among  which  trundling  a 
hoop  (?rocAuj}  was  included.'  In  order  to  mcrease  the  violence  of  the  exer- 
tion, some  ran  or  leaped,  swinging  in  their  bands  heavy  weights  called  Htdleren, 
answering  the  purpose  of  modem  dnmb-bells;*  while  othera,  instead  of  feoaiaj; 
with  their  comrades,  armed  themselves  with  large  wicker  sbields,  twice  as  heavy 
as  the  legionaiy  Scattan,  and  with  clubs  twice  as  heavy  as  the  legionary  sword, 
iiiid  thos  equipped,  levelled  a  series  of  blows  againit  a  tall  post  (pcdtu  s.  tt^xs} 
set  up  at  an  antagouist* 

But  in  addition  to  the  ExercUaliona  camnatrea  aqwtrum  el  armorum,  io 
which  none  but  tbe  young  and  vigorous  conla  engage,  otbai  amnsements  were 
punued  with  great  eagemesa,  which  demanded  dexterity  ratber  than  physical 
strength,  and  from  which,  therefore,  persons  advanced  in  jtui  were  not 
excluded.  Cbief  among  these  were  various  games  at  ball,  (ludere  pHa,)  to 
which  wa  Gnd  very  many  allusions  in  the  writers  of  the  empire.  It  i^ipeara 
that  there  were  three  kmds  of  balls,  differing  from  each  other  in  £z»  and 
materials — 

1.  Pila,  which  is  tha  general  name  for  any  ball,  but  which,  when  used  in  a 
restricted  sense,  denotes  the  ordinary  small  band-ball. 

2.  Pila  Paganica,  larger  than  tbe  common  Pila,  and  staffed  with  feathen. 


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KXEKCIU— BATHS.  487 

a.  FaOU  (.  Foacubii,  larger  than  either  of  the  two  othen,  inflated  with  iSr 
like  our  foot-bail,  hot  itrnck  with  the  hand.' 

To  theM  (ome  vronld  add  the  Tricon  or  Pila  TVigonalii  and  the  HarpOMtum, 
bnt  these  were  not  the  niunea  of  baUi,  but  of  pnrtiaiilar  gamea  plsTed  with  the 
common  Pikt.    That  Horaoe,  when  ipeaking  of  the  former  (8. 1.  ti.  1S6.) — 

Ast  nU  me  faBmrn  sol  icrior  ti«  IflTstom 
Admonnlt,  Aiglo  Campam  Lushiiqus  Tbioohbh, 

Varione  expKttioiu  ooottr  with  regard  to  the  manner  of  playing,  which  «» 
CM)  eiplain  t^  oonjestnre  only.  Thiu  Ludtrt  daiaiim  eeema  to  indicUo  the 
throwine  and  calchbg  of  the  ball  by  the  playen  in  Inrn,  and  to  this  mode 
belong  the  phruee  Dare  s.  Miltere  Pilam,  and  Aecipere  a.  Exdpare  Pilam,  ' 
luid  ihen  Reddert  t.  Remiltere  PUam. 

Agun,  Ladert  expulnm  mnst  imply  striking  the  ball  away  bj  a  sharp  Uow, 
while  the  pla^r  oppoeite  strack  it  back  in  like  fashion  ;  to  the  former  openUioo 
we  apply  the  phrase  EzpuUare  PUam ;  to  the  latter  EeperculerK  s.  Geminare 
tHlnm,  while  Sevocare  Pilam  means  to  catoh  it  np  just  as  it  wui  on  the  point 
of  falling  to  the  groand. ' 

In  the  Trigrm  at  Pil/i  Trigonalii,  the  players  stood,  as  the  name  denotes,  so- 
as  to  form  a  triangle.  The  ball  wa*  either  thrown  or  struck  from  one  to  another, 
and  when  the  performcn  were  skiUiil,  the  lefl  hand  only  wu  employed.  * 

In  the  HarjKutam,  to  which  the  phrase  Lndert  raptim  belongi,  there  wu  a 
Mnt;rg1e  for  the  ball  among  the  pla^ren,  who  endeavoDitd  to  snatch  it  from  each 
other,  hot  we  are  quite  ignorant  of  the  details.  ' 

Since  exerdse  of  eotne  sort  was  oon«idered  as  a  neaeseary  preliminary  lo  the 
duly  bath,  just  as  the  bath  was  conudered  a  neceseaiy  prelnninary  lo  the  eTenmg 
meal,  spadou«  courts  for  athletic  sports,  designated  by  the  Gre^  wotdi 
Gynmana  and  Palaalrae,  were  always  attached  to  the  Thermae  or  great 
bHtliing  establishmenta,  and  a  Spltaeriaterittm  or  Ball-room  was  not  nnfreqcently 
to  be  ConDd  even  in  private  mansions.    (Flin.  Epp.  V.  6.) 

Baihi. — In  a  climate  so  hot  as  that  of  Italy,  the  comfort  and  salabritjr  of 
Irequcnt  ablutions  must  have  been  felt  and  acknowledged  by  even  the  rudest 
tribes,  hot  we  are  assured  that  in  the  earlier  agee  of  the  republic  the  Komans 
were  not  wont  to  purify  themselves  thoroughly  more  frequently  than  onoe  a-week 
— nutidms  toti  lavabantUT  (Senec.  Ep.  86.)  Towards  the  cloae  of  the  r^blic, 
however,  and  under  the  empire,  the  daily  bath  became  a  neceasary  of  life,  and 
an  indispensable  prelimioary  to  the  evening  meal,  and  the  magnificent  pOea 
erected  for  the  convenience  of  the  pnbllc'by  the  liberality  or  ostentation  of  prmoee 
and  private  indlviriuals,  placed  the  luiiirione  indulgence  of  this  habit  within  th« 
reach  of  the  humblest  olssses  in  the  oomtnunily,  the  ordlnaiy  charge  being  a 
Quadrami  only — aboot  halta-fatthing  of  our  money. 

No  subject  connected  with  antiqaarian  reeearoh  ought  lo  admit  of  more 
complete  iLuslration  than  that  of  which  we  now  treat.  We  have  the  sdentiBc 
descriptiona  of  professed  architects,  extensive  ruins  in  Rome  and  in  variant 
provinoea  minutely  deaeribed  by  local  antiquaries,   a  oompiele  nntehlinhmWM 


a^rf 


dooU  and  ooiTeot  mUappreheDntm,  tbaa  a  pictorial  roptwootalion  found  npoa 
a  nail  iu  one  (^  the  roonu  ol  the  Thermae  of  Titos,  in  which  tits  interior  of  ft 
pnblio  bath  ii  opened  up  to  view,  and  the  namca  of  the  different  aptrtmenla 
painted  in  legible  oliaracten  upon  each.'     See  the  aketdi  in  tlie  neil  page. 

In  what  follows,  we  do  not  propoee  to  give  a  detailed  account  of  the  gnrgeooa 
itnictiuia  of  the  empire — the  ^vacra  in  modum  provmcianim  entmefo,  ai  ihef 
are  tenned  b^  Amtniaaat  (XVI.  10.) — mch  m  tiioae  reared  hj  CaiaeaOa  and 
Diocletian,  which  contained  within  their  vast  ""'T^—  gaidena,  colonnades,  halla, 
aaJooiu,  Ubraiiea,  courts  for  all  Taiietita  of  athletio  sporta,  every  thing  whieb 
could  minieter  to  the  comfort  or  amusement  oi  viaitora  of  all  ranks  aod  tattea,— ~ 
but  to  confine  ooiselvea  to  a  descHptioD  of  thote  porta  whidi  wve  naeatial  ina 
oooiplete  Bathing  eatabliihmeut,  in  whitdi  a  bath  might  bo  taken  in  tliree  waji ; 
1.  Cold  Water.  2.  Hot  Water.  8.  Hot  Air.  This  being  premiaed,  we  ihall 
consider  the  different  rooma  in  suooeadon. 

1.  Frigidariutn  a.  Cella  Frigidaria,  an  apartment  not  warmed  ardflciallf. 
^Ntor*  entered  thti  fim,  and  here  probably  those  undrened  who  intcmded  to 
take  tbe  cold  bath.    Acoordinglj,  at  Pompeii  we  find  opening  oat  of  it  od  ow 

2.  itfotafw  a.  Natatorium  a.  Pitcina  «.  BaptUteriam.  The  cold  plniga 
bath,  which  wai  gcoerall;  Urge  enough  to  allow  tlioso  who  entered  it  to  (wim 
abODt;  the  Nalatorium  in  the  Thermae  of  Diocletian  wm  200  feet  long  and 
100  feet  broad. 

Befond  the  Frigidarium,  that  is  farther  removed  from  the  outer  door,  iraa 

S.  Tepidarium,  a  room  heated  artiSdaltj,  but  not  to  a  ver;  high  tonpeia- 
Mte.  Here  the  great  bodj  of  the  batberi  Idl  their  cloElies  under  the  charge  of 
alarea  called  Capiarii,  by  whom  they  were  depotited  in  bciea  or  onphoaida 
kept  for  the  pnipoM.  The  apartment,  from  this  circumstance,  waa  sometimM 
colled  Apodglertam.     Beyond  tbe  Tepidarium  waa  the 

4.  Caldarium  a.  Sttdalorium  i.  Coaeanierala  S'idalio,  nodec  the  pavMuent 
of  which  were  formed  a  number  of  flues,  (  Suspenmrae  Caldarionaii,}  Ihnmgh 
which  ch-cnlaled  tbe  hot  air  and  flames  of  the  furnace  (Ht/pocauslitm.)  In  odo 
comer  waa  placed  a  cylindrical  hollow  pillar  called  Laemticum,  oommniueatiDg 
directly  with  the  flaee,  closed  at  top  by  a  disk  of  metal  (Clypeua  aejieia.)  Whea 
this  was  raised,  the  healed  air  and  even  the  flames  could  be  admitted  directly 
into  tlje  chamber,  and  thus  the  temperature  elevated  to  any  height.  Amind 
the  walta  were  benches  rising  one  above  another,  on  whicli  the  bathers  sat  nntil 
they  burst  out  into  a  profbsa  penpiralion,  sfler  which  they  were  scraped  with  a 
bronie  inBtmment  c^led  a  StrigU,  thin  and  flexible  like  a  hoop,  by  which  all 
impurities  were  removed  from  the  skin,  they  were  then  ihanipooed,  i^bed  down 
with  towels,  (Idnlea,)  and  their  bodies  anointed  with  oil  by  an  attendant  called 
AUplet,  after  which  they  returned  to  the  TepidaritiM,  where  they  attired  thon- 
selvcB,  and  cooled  gradually  before  returning  to  the  open  air.  Some  penons, 
however,  in  addition  to,  or  as  a  sobstitnte  for,  tbe  vapour  bath,  took  the  hot 
water  bath,  in  which  caw  they  proceeded  into  the  room  which  was  caGed 

!i.  Balatum,  (in  a  reetricled  sense,)  and  here  they  might  hathe  in  hot  watar 

lSMnp»l»llTVltrgi.  V,  1ft  Psllld.  I.  (O.  B«n«u  Ep)..  LI  LVL  I.TXJtVL  HIn.  Epn 
Il.irv.&  SutSLS.  Minlil.  VLIiL  Fi>r>p«ulillonjsntba7'«>nM>arTUH.Cu» 
ulU.  ind  Dlocltdui.  HH  tha  *orl<.  of  Bdiibi  and  C»i»  i  for  n  uioiint  oT  Um  tatfcs  at 
PoDfall,  tb*  workt  of  Gb.!,  anil  or  JLiiuii,  ud  iha  VuKa /rffrtmiiHi. 


".OOglf 


in  Ino  nsja,  either  Minding  in  « lar^^e  tub  called  Labrum,  in  which  case,  pro- 
bably, the  hoc  water  was  tlvown  over  them,  or  immeniiig  UiemMlvee  in  ft  tank 
of  hot  water  called  Alveut,  sunk  below  the  level  of  the  floor.  The  Balnaim 
wptesented  beW  ia  heated  with  floea  like  the  Caldarium,  m  that  those  who 
entered  it  would  enjoy  at  once  a  hot  water  bath  and  a  hot  vaponr  bath,  the 
vapour  here  being  moiit,  while  in  the  Caldarium  it  wonid  be  dry. 

The  Labmm  and  Aliieat  were  supplied  from  a  connected  leriee  of  three  ve«eb, 
the  water  entered  cold  from  the  ciMera  into  the  first,  passed  from  thence  into 
the  seoond,  whidi  Hood  lower  and  reodved  a  certun  degree  of  warmth  from 
the  funiaoe,  and  attained  to  the  required  heat  iu  the  diird,  whioh  sU)od  lowest. 
These  three  vessels  bore  nrpectitdj  the  same  namee  as  the  chaiobere  to  whicli 
thej  corresponded  in  temperature,  being  styled  F^igidarium,  T^iiarium,  and 
Caldarium. 

Ve  have  described  the  amtngements  exactly  as  they  are  repreeeuted  in  the 
ntyomed  sketch,  and  we  shall  perceive  that  in  this  there  is  ititl  another  ^lart- 
ment,  the  Elaialhaium,  in  wliicli  the  various  perftuned  oils  employed  in  anoint- 
ing are  seen  ranged  on  shelves,   like  the  bottles  in  an  apothecary's   shop. 


Acooiding  to  the  extant  of  the  stractnie,  tb*  number  of  distinct  apaitmenta  waa 
iDcrensed  or  diouDished.  In  some,  the  visitors  undressed  and  were  anointed  in 
the  Tcptdarmm;  in  others,  there  were  m  ApodyUrium  and  an  t/nctoriam 
distinct  from  the  Tepidarium.  In  the  Baths  at  Pompeii,  the  Aloeut  and  the 
Labrum  were  placed  in  the  Caldariuta.'  Again,  the  mode  of  bathing  differed 
according  to  individual  taste.  Some  pereoDs  took  the  cold  bath  aloae ;  some, 
after  takm^  the  hot  air  bath,  or  the  hot  water  hath,  or  both,  cooled  themselvea 
in  the  T'enii^rtuni ,-  some,  on  leaving  the  hot  ebambera,  plunged  at  once  into 
tbe  cold  Piteiaa,  just  as  the  Itussians,  after  enduring  for  a  time  the  mlenae  heal 
of  their  vapour  baths,  roll  themselves  in  the  snow. 

We  have  seen  Balneum  applied  in  a  restricted  seoae,  to  signify  tbe  hot  water 
bath ;  but  Balinea,  Balnea,  Balineae,  Babieae,  are  used  in  a  general  sense  to 
denote  bath)  ofauy  description,  either  those  in  a  private  man^on,  or  thoseopeD  tcr 
til?  aocommodation  of  the  public.  These  words,  however,  are  usually  confined  to 
establishments  npon  a  moderate  scale  appropriated  to  bathing  exclusively,  while 
Um  forNgn  term  T^rmae  was  applied  to  the  immense  edifices  alluded  to  above, 


190  Muu. 

the  fint  of  whidi  wu  raued  by  Agripps,  whose  eitunple  wu  followed  bj  Hero, 
iltoB,  Coracalla,  tai  Diooletian.  We  ore  exprnalj  lold  bj  Dioo  CanJot  (LIV. 
29,)  that  Azrippa  beqaeathed  hii  bathe  to  the  people,  in  order  thai  the^  might 
bathe  free  of  coet ;  and  we  canDot  doubt  thai  the  foundm  of  the  other  great 
Thermae  were  equallj  liberal ;  but  fri»n  the  constant  Dnention  of  the  Qaadrtmi  * 
in  mnnectina  with  public  bath*,  we  are  led  to  believe  that  thia  trifling  nun  murt 
hare  been  oontributed  bj  oil,  perhape  lo  cover  tiie  expenae  of  oil  and  attendance, 
ereu  when  the  admiasioa  wai  nominally  gratuitoua.  There  were  bnidea,  in 
evefyquaiterofKoiue,  baths  kept  b?  private  ipeculaton,  and  at  theae  the  charge* 
woidd  be  higher,  and  the  viaitora,  probably,  more  adect. 

The  period  at  whieh  the  bath  wa»  nenally  taken  moat  have  been  betweoi  the 
eighth  and  ninth  honn,  according  to  the  dlelribation  of  tlie  daj  detailed  in  tiie 
epigram  of  Haniai  quoted  above.  But  the  lame  aathor,  in  two  other  pniingn, 
(HI.  36.  X.  70,)>peak9  of  the  tenth  honr  or  even  Uter ;  Pliny  (Epp.  lU.  1,) 
of  the  ninth  hoar  in  winter  and  the  eighth  in  annimer;  while  Jnvenal  (8.  XI.  205,) 
teila  hia  friend  that,  on  a  holiday  at  least,  he  might,  tahafrontt,  repair  to  the 
Balnta  betbn  Doon.  h  is  manifest  that  in  matters  like  thia,  every  thing  mnat 
have  depended  npon  individual  tastes  and  hsbita. 

nicaU.  The  Romans,  during  that  period  of  their  history  with  which  we  are 
best  acqnainted,  took  oiUy  two  regular  meals  in  the  day ;  the  Pratidium  in  the 
nioming,  and  the  Cotna,  which  was  always  the  principal  repast,  in  the  aftemocn. 
It  has  been  coojeotured  that  in  the  earliest  times  they  took  three,  the  iVani^itiM 
at  an  early  boor,  the  Cocna  aboat  mid-day,  and  the  Vesperita  in  the  erening, 
oorrespondiag  to  the  AgitTut,  the  iiimoi,  and  the  ii^wtm  of  the  Homeric 
Greeks,  but  the  evidence  for  thia  ia  altogether  defective,' 

To  fix  the  boars  of  the  Prandium  and  Coenu  is  clearly  impoaaible,  rince 
these  most  have  varied  not  only  with  the  fashions  and  social  habits  of  difierent 
ages,  but  with  the  stations  and  employments  of  different  individuals  in  the  same 
age.  All  we  can  dedde  with  oertaintjr  is,  that  during  the  first  centitry  of  the 
empire,  the  ordinary  time  for  the  Cotna,  in  the  uabioaable  world,  was  the  - 
commencement  of  the  ninth  hour,  which  at  midsummer  would  be  about  half-past 
two,  and  in  midwinter  about  haif-past  one,  according  to  oar  mode  of  compota- 
tion.  Peraona  who  desired  to  devote  a  longer  period  than  was  castomair  to  tlw 
pleasurea  of  the  table,  anticipated  the  usual  hour,  and  hence  such  entertammcnt» 
were  called  Tempti6va  Convivia,  and  those  who  partook  of  them  wne  Mid 
Epulari  de  die. 

We  are  told  of  Titellius,  who  was  proverbial  for  his  gluttony — Epitbu  tri/a- 
nam  temper,i]iterdttm  quadTifariatn  dispfrdtbat,  in  ientacuu,  et  rRlHIHA, 
«t  coEKAg,  coMMiSBiTioNESQlJE,  (Seet,  VitcU.  13.)  The  ientactdum,  wbidi 
ia  not  ofien  mentioned  elsewhere,*  was  in  the  stricteat  sense  a  hredk-fatt,  beiDp 
food  taken  immediately  upon  getting  up  in  the  monung,  and  thai  would  oorro- 
■pond  to  the  Greek  <I*(i(tw/<«,  which  was  a  monel  of  bread  dipped  in  wine. 

1  e«.  Bur.  J 


S  litrliir.  ]IZ.U.I(Il , 

ll  uld  ^;>c<iir>  Ir '  - 

roll  or  aka,  wkliA  hon 

rrmiL   U.  tU.  ST.)  HOM  Id  I 


tooD— wnu.  is  I 

Commuatio  unparlj  mgDida  a  drinking  part;'  after  the  Coena,  and  imptie* 
Boiajf  tsreliy.*  B«sid«  theK,  w«  bear  oC  the  Merenda,*  wbioh  is  nmetimes 
nsed  as  gjuaajraimt  with  Prandium,  bnt  appean  to  hart  been,  Anetlj  speaking, 
a  Innobeon  inEwpoaed  between  the  iVondtum  and  the  Coeaa. 

F«*d. — The  national  di«h  of  the  anoient  Bomana  -nu  a  Bort  of  porridge  or 
haitj-pudding  made  of  Farina,  that  U,  the  flonr  of  Far,  a  coane  apeaee  of 
wheat,  the  Tntieam  Spelta  of  Botaniata,  which  a  said  to  have  been  radtiTaled 
in  Italj  before  an;  other  kind  of  grain,  and  waa,  tbetefbre,  invnted  with  a  tori 
oTaaond  oharaoter,  and  nied  eidiuiTel;  in  reiigioni  oeremoniee.  This  porridge 
wai  called  Pali,  and,  along  with  v^etablea,  X"^'^)  frniu,  fnefa  and  dri^ 
and  daiij  prodnce,  oonititnted,  id  the  primitive  agee,  the  principal  articte  of 
diet  Ibr  in  elauee  in  the  commimit}' ;  anj  thing  eavoiuy  eaten  along  with  Pub, 
in  order  to  give  it  a  reliah,  being  tenned  Palmentam  or  Pulmenlariuvt  *  Ani- 
mal fbod  waa  little  oaed  eioept  on  holidays,  frhen  the  amoked  flitch  of  bacon 
affi>rded  a  treat,  or,  after  a  sacrifice,  when  thoee  who  had  aiisiated  at  the  rite 
partoiA  of  the  fle«h  of  the  viotim — Accedente  juwa  si  quam  dabat  hoilia  came 
(Jdv.  8.  XI.  82.)  The  trade  of  a  Baker  waa  nnknown  at  iBome  nntil  the  timfr 
vf  the  war  againat  Pereeas,  (B.C.  172,)  bat  the  bread  Ibr  each  hmWy  waa  made 
by  the  female  sUvee,  The  word  Pulorei,  which  cTcntnally  aignified  bakers, 
originallj  denoted  MiBer»,  properly  those  qui  far  pijisebatit,  i.e.  who  aeparated 
fhmithe  Arthe  huak  which  adherae  toit  with  great  tenacity,  an  operation  whicii 
necesaarily  preceded  the  grinding  of  the  com  into  flonr.  For  a  long  period, 
also.  Cooks  did  not  form  pan  of  an  ordinary  eelabliahnient,  bnt  were  hired  in 
upon  great  occasions,  tlie  statement  of  Plirj-  upon  this  point — Nee  Coeos  vera 
tuibel^l  in  lemilM,  totqve  as  macello  cmidvctbant — being  lull;  oonGrmed  by 
Planlns,  and  aince  it  would  be  part  of  tbe  dnty  of  snch  an  artist  to  prepare  llie 
bread  and  cakea  neceasat;  for  the  entertainment,  we  con  nndentand  how  it 
should  be  sud  that  in  andent  times  the  baker  and  the  cook  were  the  same — 
Cocam  el  Piilerem  apud  antiquot  eumdem  fuitte  accepimui*  In  later  timea, 
in  90  far  as  the  wealth;  were  concerned,  earth,  air,  ar»d  water  were  ransacked 
to  furnish  forth  their  banquets,  on  which  enormooe  sums  were  lavished  ' — 
Inlerta  gnitia  elementa  per  omnia  quaerinl  ^  Nunquam  onimo  pretns  obstan- 
tibiis,  (lav,  S.  XI.  14,)  and  which  were  frequently  ofaaracterised  by  the  coanest 
kad  most  revolting  ^ultony — Vomunt  ut  edant,  edant  tit  vomtuU  (Seaea.  ad 
Eelf.  9.)  It  would  be  out  of  place  were  we  to  ennmerate  here  all  the  beasts, 
btrds,  Gshea,  and  other  dainties  under  whitdi  thrir  tables  groaned,  unce  we  could 
do  little  more  than  give  a  mere  catalogue  of  names,  but  we  shall  say  a  few  wonls 
upon  the  subject  of  wines,  and  explain  the  arrangements  of  a  formal  Coeaa, 
that  being  the  meal  to  which  guests  were  usually  inrited. 

w1b«. — We  do  not  profeaa  in  the  present  work  to  treat  of  the  indoatrial  art* 
practised  by  the  Bomaos,  and  therefore  cannot  enter  into  details  with  regard  to 
agriculture  and  the  topics  allied  ut  it;  bnt  the  allusions  in  the  classics  to  the- 

1  Ur.  L  n,  XL.  T.  a  la  Cle.  pn  Cod.  11.  8am.  Tit  T,  Damlt  1[.  Snio.  id  Hilr.  Ilk 
d>  BuMf  VI.  n. 

»  Pl.ot.  Moitetl  IV.  tL»    Non.  I  r.  UmmJa,  p. 
p,  lit.    [ildcr.  XS.  U,  li.  m.  a    CMparn.  EdI.  v.  h 

1  Vmllo  L  L.  V.  I  iw,  lea.    Plln  %  N   XVIIL  I 
IiT  a  XI  M.  Xiv:  iTft    CbsTli.  p.  M.  ad    Pauel 

ghagwmiffr  iar^rmt,(M< 
mt^lan—U*na  niAwt  Itii 

tniB-aN.  xviii.li. 


iSi  WD)U. 

TaiioDi  proceaaM  conuecUd  witli  tnakiDg  iitd  pitMrving;  wine  an  h>  numeroiu, 
tb«t  we  mutt  briefly  iUiutnta  them. '  When  tbe  aeucm  of  the  viutagE  (  Kin- ,  / 
dania)  had  amved,  tbe  gnpe*  wen  gathoed  in  buketi  {Corbet — FitcmaeW 
and  coDTcjed  lo  an  apartinCDt  w  ebM  called  Cakatorium  or  ToreidaTium,V 
when  tbej  were  thrown  into  a  laige  reoeptaele  which  fbmicd  part  of  tbe  viae- 
Kt»t,(Prelum — rcfrculor,)  and  beneath  Ihicwu  a  ciitem(i.actuT()>-ciiiarnu.) 
The  jmoe  which  druned  from  the  cIoMob  in  emuequence  of  thai  bearing  tipon 
each  other,  colled  Protrvpum^  (Plin.  ILN.  XIT.  9,)  wia  oolleoted  and  «et  B[nit, 
tbe  grapei  were  then  gently  trodden  by  the  naked  feet,  (Cateart,  and  benoe 
Calcatamque  Unet  befiif  Sodoliiu  umm,  Idt.  B.  V.  81,)  and  tbe  jnioe  tbnt 
obtaiaed,  called  Miatum  tixiviuni,  (Columell.  XII.  41,)  wa«  aleo  «et  span ;  tbe 
erapea  woe  now  fully  trodden,  and  the  throe  of  the  preei  being  modcratdy  qiplied, 
they  yielded  nearly  ^e  whole  of  their  jaice,  nbich  wa«  called  Mutlam  prattaa, 
or  moie  frequency  limply  Miutum.  Lastly,  water  was  thrown  among  tbe 
■talki  and  huaki,  and  the  full  power  of  the  preai  called  into  action,  the  liqnid 
tbn*  obtMoed  being  oaUod  Mtutum  lortimtru  (ColomelL  XII.  86,)  Tiieee  Ibor 
producta  wera  kept  aeparate  from  each  other.  The  &it  two  were  nnially  pn- 
•erved  in  their  aweet  atate;  the  third  waa  fermented  for  wine;  (Finum,-)  tbe 
fonrlh  waa  alao  fermented,  and  the  reaalt  wae  a  thin  add  beverage  known  aa 
lora  (Plin.  XIV.  10.) 

Tbe  proceaa  of  fetmentation  wat  allowed  to  commence  in  the  Zaau,  the 
liquor  waa  then  conveyed  to  the  Celia  Ftnarut,  a  oool  apartment,  tbe  floor  of 
which  waa  oanallj  annk  below  the  aiirftce  of  the  ground,  and  here  it  waa  pomed 
into  large  earthenware  vati  {DoUa — Cupae— Striae)  carefully  coaled  in  theii 
interior  with  pitch,  {DoUa  picala,)  and  m  these  the  fermentation  was  completed. 
The  inferior  qualiliea  intended  for  immediate  ooiuuinption  underwent  no  farther 
jireparadon,  but  the  cuntenta  were  drawn  off  aa  required,  and  hence  the  exprea- 
alona  Vinuta  Doliare  a.  Finum  de  Cupa,  le.  Draught-Wine  (Digest.  XVUI. 
Ti.  1.  Cic.  in  Fiaon.  27.)  The  more  choice  and  iiill  bodied  kinds  were  mixed 
with  a  Dumber  of  aahstances,  which  were  believed  to  heighten  thdr  flavour  and 
to  make  them  keep  better.  Such  were,  aweet  grape  juice  [Muitum)  boiled 
down  to  a  sort  of  jdly,  decoetiona  of  variDua  apioea,  drugs,  and  aromatic  herbs,  t« 
which  vti*  frequently  added  pitch,  roain,  tarpentine,  and  aea  water.  Tbe  mixtnn 
was  then  racked  off  { Diffandert.,  hence  Ipse  capUlato  diffasam  eoiutUepotat, 
lav.  S.  r.  SO.  comp.  Hor.  £pp.  I.  v.  4.  and  Ovid.  Faat.  V.  517,)  from  the  Do&im 
into  jars  called  Amphorae,  Cadi,  or  Lagenae,  oa  which  were  stamped  or  painted 
the  namei  of  tbe  Consuls  for  the  current  year  ( rifuZu  Inv.  S.  V.  83,)— tiina  mark- 
ing Ibe  date  of  the  vintage.  The  mouths  of  these  veiaela  were  then  doaed  with 
plnga  of  wood  or  cork  {Cortex)  carefully  plastered  over  with  pitch,  clay,  or 
Eypaom,  BO  la  to  eicliido  the  tJi.  Tbey  were  then  conv^ed  to  a  tepoaitory 
{Apothtca — Horreum)  in  the  upper  part  of  the  dweliing  honae,  frequently  con- 
Btnicted  ao  aa  to  commonicate  directly  with  ^e  chimneys,  the  heat  tad  smt^ 
being  anppoacd  to  accelerate  the  ripening  of  the  wine,  and  in  this  caae  the  apart- 
ment wu  called  Fumarium.  A  ain^e  stanza  in  one  of  the  Odea  of  Horace 
(III.  Tiii.  19,)  comprises  references  to  many  of  the  particnlara  now  enumerated: 

I  Th*  uabDlBilltta  eanMmInf  Ibi  maklBi  ud  eompoindlDi  nf  vlnn  will  bi  flmnd  km- 

»llHUa"«otltiZd  GMf-nw I  nd  InYh* H'Uaria Natuntli^'ot Pl^i.  etmiillTXIV.'s.  Hft- 
"— ■■ — ■ ■— i«Utn*dliillBiwu«-*»A>^<^,i.d«l 


^oiizodbyGoogle 


Hie  diet  udo  radsoDls  (eatoi, 
Cartlcem  ■ditrietnm  pice  demoTcbtt 
AmpbonM  ftnnum  biben  initlEatae 
Cooaale  Tnllo. 

Comp.  IIL  ui.  1.  7.  xxviii.  7.    Tbe  Kmexcd  cat,  taken  £rom  the  lign  of  ■ 

wine  ibop  io  Pompeii,  represents  the  ordinaij  abape  of  the  An^ihane,  the  mode 

of  trauporting  them  ftom  pUoe  to 

place,  and  tbe  poeitioa  in  which 

Ih^  were  stored  in  tbe  cellan, 

either  imbedded  in  the  grooiid  or 

leaning  agajnit  tlie  walls. 

Obaerve  that  Mtutum  ii  strictly 
the  tweet  juice  of  tlie  grape  before 
it  had  undergone  ac^  chemical 
change,  altheogh  this  word  ii 
wimetimes  need  loosely  for  wine, 
as  when  MarUal  (L  19,)  ipcake 
of — In  Vatkanit  eondita  mutla 
coda ;  after  fermentation  it  became 

Finum ;  if  the  fermentatioa  was  pnihed  too  &r,  or  if  the  wine  waa  kept 
too  long,  it  wai  changed  into  Acelum;  the  vinenr  itself  in  procew  ol 
tuna  underwent  decompoeition  and  was  traoafonnea  into  an  inaiiod  tU6- 
less  liquor  to  which  the  name  Vappa  was  given.  Hence  the  latter 
term  is  lonie^es  employed  to  denote  wine  of  the  moat  muerabla  quality,  (Hor. 
8.  II.  iii.  144,)  and  sometimes,  figaratiTelj,  a  (bol  or  a  good-for-nothing  repro- 
bate (Hor.  S.  1. 1.  lOS.    Fen.  S.  V.  77.) 

Mattum  waa  preserved  from  fermentation  by  boiling,  and  waa  disUngniabed 
by  different  names  aocoiding  to  tbe  d^rea  of  inspiseatitm.  When  bo3eo  down 
to  two-thirds  of  its  original  bnlk,  it  became  Carenum,  to  one-half  Dejratum, 
to  ooe-tbird  Sapa,  ana  these  jelliea  were  need  for  a  gieat  nnmber  of  domeatio 

The  ripe  grapes,  instead  of  being  conveyed  at  oaoe  to  the  press,  were  in  soma 
casee  expoMd  to  tbe  rays  of  the  inn  untQ  partially  dried,  and  fton  these,  sweet 
wines,  called  Vinum  Diachylum  and  Vinum  Paaum,  were  mannfactnred. 

In  oomeqnenoe  of  the  nnmerDas  beterogeneoDs  snbetancea  mixed  with  the 
newly  made  wine  when  transferred  to  tbe  Amphora,  it  was  alwaya  neoessary  to 
filter  it  (Defaecare — Ligaare — Colore — Saccare)  before  it  was  nsed,  and  thii 
waa  effected  by  paaaing  it  either  throngh  a  woollen  bag  {Saecia  vmarim)  or  a 
metal  atrainer  perioral  with  small  holes,  (Colvm  finariutn,)  and  in  order  to 
cool  it  by  the  same  operation,  it  became  common  to  fill  the  Saccus  or  Colura  with 
snow.  Hence  we  &ad  two  epigrams  of  Martial  (XIV.  103.  104,)  with  the 
Lemmata,  Oilum  Nivarium  and  Saectu  Nivarva.  On  the  other  hand,  wine 
mixed  with  hot  water  was  a  favonrite  beverage,  (Martial.  I.  IS.  TIU.  68,)  and 
a  very  ingenions  vessel,  constmeted  upon  tbe  principle  of  a  modem  tea-nrn^  has 
been  foui^  at  Pompeii,  intended,  it  is  believed,  to  keep  the  water  or  the  mixtnra 
hot  at  tables  The  ThermopoUa  mentioned  by  Flantni '  ware  unqneationably 
taverns  when  bot  mnlled  wine  was  sold ;  bnt  it  may  be  doubled  whether  tie 
words  of  the  dramatist  apply  to  Soman  osagta. 


1  CamL  IL  UL  la  Rod.  IL  vi  It.  Trio.  IT-  U 


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494 

Mvlmm  wu  a  loin  applied  to  two  different  oomtnnatioiu ;  1.  To  a  mixtan 
-of  htnuT  irith  the  fiiieat  Miabim  taken  Ireih  froDi  the  Lacus  (ColniiielL  Xlll. 
41.)  2,  To  a  mixture  of  honey  and  wine — Multum  ex  veiere  viao  utUitiwiMm 
(PJiii.  H.N.  XXII.  i.) 

The  fineat  Italian  wines  were  all  the  growth  of  Campania,  and  of  theae  the 
Catcttbum  from  the  poplar  ewamps  of  AmycUe,  anciently  held  the  fint  place, 
bnC  hefbrs  the  time  of  Flinj  it  had  been  roperaeded  bj  the  SetimtnL  Tba 
Falerjium  and  the  Masskum,  from  the  soatheni  elopes  of  the  hilla  which  divids 
Campania  from  Iditiom,  held  the  next  rank ;  the  viuejarda  of  VesaTiai  wen 
also  very  oetebrated,  and  the  CaUnum,  tlie  Surrealiaan,  and  the  Fundatium, 
all  enjojed  high  reputation.  Of  those  not  Campanian,  the  Albanam  stood 
first,  (^^ni  veterii  pretiosa  teneetua,)  and  among  the  poorest  wen  lfa« 
Sabmum,  the  Vaticanum,  and  the  Vaentanum. 

Greek  wines  also  were  imported  to  a  conaiderahle  extent,  the  most  esteemed 
teing  the  TTiasium,  the  Chium,  the  Labium,  tha  Cyprium,  and  the  CUaomi' 

TrlcUalBB. — In  early  times,  the  whole  family  eat  together  in  tb«  AtriuM, 

or  pnblic  room;  bat  when  mansions  were  built  upon  a  la^  scale,  one  or  mon 
spacious  hanquelinj^  halls  commonly  formed  part  of  the  plan,  snch  apattmenta 
bemg  classed  under  the  general  title  of  Triclinia.  The  word  Triclimum,  how- 
ever, in  its  strict  ugnification,  denotes  not  the  apnrtment,  but  a  set  of  tow  divaoa 
<a  oovcbes  gioaped  round  a  table ;  these  coucties,  accoiding  to  the  usual  airange- 
meot,  beiu);  three  in  number,  and  arranged 
as  represented  in  the  annexed  Sgnic  A,-B.-6, 
are  the  three  oanches  (Ltcti — Lteti  Tri- 
ctiniarex,)  the  space,  M,  was  occupied  bf 
the  table,  {Maisa,')  and  the  side,  Z,  left  open 
for  the  attendants  to  pat  down  and  remove  the 
disbes.  Each  conch' was  calculated  to  hold 
three  persons,  although  fonr  might  be 
•qneeied  m,  and  unco  it  was  expected  that 
each  coucli  would  have  at  least  ooa  oocd- 
pant,  the  ssjing  arose,  that  the  companj  at 
B  a  Coena  should  not  exceed  the  number  of 

the  Muses,  nor  fall  abort  of  the  nnmber  of 
the  Graoefl.  Hen  alwajs  redined  at  table  (and  thus  Accumbere  a.  IH»amiber» 
Menxu  was  the  established  phrase]  resting  on  the  ted  elbow,  (heir  bodies  sitgbtl/  ■ 
elevated  by  oushions,  {pulvini,)  and  their  limbe  stretched  out  at  fbll  length. 
Thus  the  individoal  who  lay  at  1  on  the  couch  A  had  his  limbs  extended  behind 
the  body  of  tha  individual  who  lay  at  S,  the  head  of  the  latter  being  opposite 
to  the  breast  of  the  former.  In  like  manner  the  limbs  of  A  2,  extended  behind 
the  bodj  of  A  S,  whose  head  naa  opposite  to  the  breast  of  A  2,  and  so  (or  the 
two  other  conches. 

The  coach  A  was  termed  Siaiama  {LeetUM) — B,  Medium  (Xecfiu) — C,  /nuu, 
(Leclut,)  and  tiie  three  places,  1,  2,  3,  on  each  conch  and  the  indmdntli 
who  OGOupied  them  were  in  like  maimer  termed  respeotively  Sumnua, 
Mtdint,  Iimu.  Hence  the  peraon  who  occupied  A  1  was  said  Ducumber* 
Sumanu  in  Summo,  cr  simply  Diacumhere  Sammu — A  2,  D.  Mtdtvi  tB 
Simmo—k  3,  Z>.  Inau  in  Summo—B  1,  SummuB  in  Medio — C  S,  Mtdiiu 
in  ttno,  and  so  tor  the  rest.  The  conch  A  was  oonndered  the  most  hcnoor- 
abK  B  the  seooad,C  the  lowest;  and  the  inunbenl,  2,8,  indicate  the  pnoedeDoe 


1    ;  3 

S    ;  H  2 

3     :  1 

lists 


«f  the  diflerent  pluea  on  each  ooadi.  To  the  order  Ihna  d«nribed  tbae 
wM  OM  exoepiion,  the  moat  hononrabU  place  at  the  whole  bible  viu  B  3,  tbe 
ImuM  in  Mtdio,  sod  as  tbit  vru  itlwRjs  uaigned  to  tbe  CoDinl  Trhen  he 
VM  among  tbe  goesta,  il  was  named  Locia  Consuhtrit.  Tbe  muter  of  the 
home,  in  aider  £at  be  mi^t  be  aa  near  u  poeeible  to  the  gnat  mac,  nmallj 
«ecapied  C  1 ,  that  ia,  he  traa  Snnanus  in  Imo.  When  the  relative  position  of 
tiro  individuals  npon  the  same  oonoh  was  described,  the  one  who  oecnpied  tba 
more  hoaoarable  poeitioii  waa  sMd  Ditenmhere  superior,  or  D,  nipra  alterum, 
the  other  Ducumbere  in/trim;  or  D.  infra  allemm.  If  we  apply  what  has 
been  said  above  to  the  trell-known  deeoription  of  the  Coena  Nanditni,  given 
by  Horace,  (3.  II.  viiL)  we  shall  see  that  the  different  personages  mentioned  wen 
arranged  as  foUowi: — A  1,  Horace;  A  2,  Viscos  Tharinni;  A  3,  Tarins; 
B  1  and  2,  Tibidios  and  Berrilias  Balatro,  the  two  Umbrat,  Le.  miiavited 
guests  nbom  Maecenas  had  bronght  along  with  bim ;  B  S,  Haecenas,  in  the 
Locns  CoToularii ;  C  1,  Nomentanna,  who  acted  as  a  sort  of  master  of  cere- 
monies, and  therefore  took  the  place  of  Nsstdienns,  who  was  C  2 ;  C  3,  Forcias. 
A  etill  more  mtereating  example  is  aObrded  by  the  acooant  given  in  a  IragmeDt 
of  Sallust,  preserved  by  Servios,  (Ad  Tirg.  ^n.  I.  702,)  of  the  airangement  of 
tbe  gaests  in  the  banqnet,  given  by  Perpema,  at  wliicb  Sertorins  was  murdered 
— Igtlur  diicubere:  Serloriiu  inferior  in  niedio ;  super  eum  L.  Fabiia  His' 
paniensis  senator  ex  proscriptts ;  in  siamno  Antonias  rt  infra  icriba  Seriorii 
Versiu3;  tt  alter  seriba  Maecenas  in  itao  mtdiiu  inter  Tarquinium  el  dtnai- 
niun  Perpemam,  In  tbie  case  there  were  two  persons  only  on  the  Summut 
Leetiu,  and  two  on  the  Medius  Lectus,  of  whom  Sertorins,  the  great  man, 
was  inferior.  Curiously  enough,  Serving  addooei  this  passage  to  prove  that 
in  ancient  times  the  middle  place  npon  tbe  oonch  belonged  to  the  master  of  the 
house,  while  it  distinctly  shong  that  Perpema  wag  Summus  in  Imo.^ 

It  is  to  be  observed  that,  down  to  the  imperial  times  at  least,  women  eat  at 
table,  and  the  gnunmariang  assure  us  that  such  was  the  practice  among  men 
tim  at  a  remote  period.*  We  have  already  had  occasion  to  point  out  that  at 
the  Eptilum  lavis,  lono  and  Minerva  were  placed  upright,  while  love  was 
extended  on  a  couch,  and  that  a  solemn  feast  in  honour  of  goddesses  was  termed 
Siliisteniium.  (p.  ;ii).S.) 

ArrMnsemcBt  srike  Caea«. — A  complete  banquet  (Qwno  recta)  wa* 
composed  of  three  pails. 

1,  Guslus  s.  (7ujfa(!o  s.  Promiibis,  conustiug  of  objects  intended  to  provoke 
rather  tiian  to  satisry  the  appetite,  guch  as  lettuces,  ghell-Bsb,  and  especially 
eizgg,  (PIlu.  Ep.  I.  15,)  to  which  was  frequently  added  a  cup  of  wme  aweetened 
with  honey,  (mtilsum,)  andflavooied  with  aromatic  berbs,  this  laat  being  strictly 
the  Promalsis. 

2.  The  Cociia  proper,  consis&g  of  several  conrees.  Each  comae  was  broug:ht 
DP  upon  a  tray  called  Fercutiim,  and  hence  the  number  of  Fercula  decided  tbe 
number  of  coorses,  which  varied  according  to  circamstances ;  tbtii  we  are  told 
of  Augustus — Cocnam  terais  FercaUs,  aul,  cum  aJnindantissime,  senis  praebebat, 
(Saet.  Octav,  74,]  and  Juvenal  exclaims  (S.  L  95)  .  .  .  Quit  Fercula  Septem 
•r^Stcrtto  coenamt  amai — The  word  Mistiu  is  used  in  the  same  sense  ss  when 
it   is  recorded  of  Pertiaax— fuol^uol  estent  amid,  novem  libras  camis  per 

.. - ._..]«■.    The^portlloii"  tb»  Lmw  Crm^arii  U 

dXarmlDed  br  a  [■■■»*■  Id  Plulmrcli,  aynqpDt.  L  & 
1Vi1.Mu.Il1i.     Biro,  id  Vlri.  ^  1  VJB.  711, 


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49S  COEB^l— DRIKKIKO  CDSTOUS. 

trt$  Alistut  ponebat  (Cspitolin.  Fertm.  IS) — tad  of  Elaffid>&lu< — CeMirairit 
item  tait  conmvium  uf  opuf'  anucoj  anguloi  linguii  ifiuus  appararenlar 
(Lunprid.  Elagab,  SO.)  iiepdnfon'a,  mentioned  oocationaUj  in  PUn^,  >ppe*r 
to  bave  been  ttaiida  upon  which  dUies  or  drinkiur  vends  neie  placed,  but  to 
hMTB  been  different  torn  the  Fereuia  (Plin.  H.N.  XTIII.  39.  XXIIl.  11. 
BYIII.  2.) 

3.  Afensae  Seeandat,  GOD«iBttng  of  rates,  aireetmeata,  (BeUaria,)  and  fmjt 
ofaflkindi. 

The  ficE  that  the  repiut  eommGiiccd  with  egp  and  ended  with  fruit  gave  rita 
to  the  proTerb— A6  Ova  utque  ad  Mat.*,  (Ilor.  8.  I.  iii.  6.  comp.  Cio.  ad 
Fam.  UL  20.)  i.e./roJ!t  beginning  to  end. 

The  varione  dlihea  were  set  in  order  on  the  i^erculutn,  and  the  whols  arrange- 
uenta  of  the  banqoet  oondaoled  by  a  aaperintendent  named  Stniclor,  while  tha 
earring  was  performed  with  graceful  geitarei  by  a  peraon  called  Carplor  or 
Seitsor,  who  bad  been  regularly  cducUed  by  a  profnaor  of  the  art.  We  infer 
from  a  paaiage  in  Jnvenal,  (3.  V.  120,)  who  is  our  great  aaUuititj  npon  thia 
aalyect,  that  die  offioea  of  Strvelor  and  Carpior  wer«  ccmmonly  nnited  in  the 
Mme  iadtridna]. 

Spoons  (Cockkeaia — Lig«bi«)  are  oooaaionally  mentioned,  bnt  knivea  and 
forlu  for  the  ase  of  the  goesta  were  alttwether  ankoowii.  Each  one  mnit, 
tboffore,  bare  helped  himself,  and  toni  bu  food  into  nonels  with  his  fingera, 
(Orid.  A.  A.  III.  736,)  aa  is  the  practice  in  the  East  at  thia  day.  Hence, 
befbrg  the  meal  commencsd,  and  probably  at  its  terauDa^Mi  also,  slaves  went 
TOond  with  vessels  of  water  (or  washing  the  hands,  and  towels  (Manlelia)  for 
diying  them,  (Tirg.  G.  IV.  376.  Ma.  701  j  hut  the  gnests  bronebt  with  then^ 
their  own  napkins  {Mappae.)  Horace,  (9.  II.  viii.  11,)  when  desciibing  lh« 
banquet  of  Nasidienua,  nodces,  that  nfaeu  one  of  the  conises  was  removed,  a 
slave — Gataape  parpareo  meiuam  perteriit — which  seems  to  prove  that  table- 
cloths were  not  known  at  that  period,  and,  when  Lampridtns  wrote,  it  was 
believed  that  they  were  first  mtioduced  under  Hadrian  (Lanprid.  Elagab.  27. 
Alex.  Sev.  37.) 

I>rlBklHr  C ■«■»■.— Prlahlay  Taasala.  Sib. — The  Bomans  seldom  drank 
their  wine  pure,  {Memm,)  bnt  usually  mixed  it  with  water,  hot  or  cold,  which, 
when  called  for,  was  handed  to  them  (Frigida  non  desit,  nan  deerii  ctdda 
petenti.  Martial  XIV.  105)  in  jugs  called  (/rceoii  Miniafraioni  (Martial,  Ibid.) 
by  the  slaves  in  attendance,  those  who  were  employed  in  such  services  by  tho 
wealthy  being  often  beantifiil  boys  brongbt  from  the  East  (Fla»  Asiae,  lav.  3.  T. 
56,)  and  ptuchased  for  immense  snma.  The  relative  propoitions  of  the  wine  and 
the  water  were  regulated  by  the  addition  of  a  certain  number  cf  Cyalia}  of  wine 
to  a  fixed  quantity  of  water  in  the  Pocidum  or  drinking  cup,  the  predse  nsm- 
ber  of  CyaOti  being  determined  by  various  considerations.  Thus  Horace,  in  one 
of  bis  Bacchanalian  Odes,  (C.  Ill-  xix.  11,)  proposes  to  talce  thennmbtt  either 
oS  the  Graces  or  of  the  Moses  as  the  standard — fribus  aat  novem—Miicentor 
Cyaliit  pocula  aymmodia — indicatiog,  at  the  same  time,  that  the  former  eom- 
iHnation  was  the  nore  prudent ;  and  in  another  passage  when  calling  npon  Mae- 
cenas tc  drink  deep  in  honour  of  his  friend's  escape,  he  hyperbolic^y  exclaims 
— ^ini«,  Maeceniu,  Cyathot  amici'—Sotpitii  eeatwn.  When  it  was  pKnxiaei] 
to  drink  the  health  of  any  one,  it  was  not  uncommon  to  take  a  Cj/atJau  at  maa 
for  every  lett^  in  the  name,  as  in  the  epigram  upon  Caios  lolins  Froculns, 
quoted  from  Martial  in  page  4G4,  nnd  agun  we  find  (1. 72) — Naevia  tex  Cfa' 
I  Tb«  qr»*w,  u  wa  tu*g  fwa  itnn,  p.  Mt.  *u  on-tirtUtti  of tbt  SuiaHm 


".OOglf 


JOOKKnla  CUSTOHI— 0AHE3  Or  dUXCE.  497 

thit,i^^ltai  lutlviabibattira-Qutnqut  Lycat,  Lydequattuir,  Idatrihia}  Wlies 
■nj  on«  waa  touted  in  thii  maoner.  Bene  was  prefixed  to  hu  dudc,  u  ire  li>am 
hHn  TibaUui  (II.  L  %)—Sed,  Bene  Messalah,  ma  qaixpu  adpocvia  dieat 
— ud  from  ilie  Uvely  Mene  in  tbo  Peru  of  ^aatni  (T.  1 18). 


i:  nmpera. 


wbenapmoiK 
thai  handed  H  to  his  ftiend  with  the  words  Propino  tibi,  (Cic.  Tuto.  1. 40,  luv.  S. 

V.  1S7,)  reodving  hia  in  rttarn.  h  most  be  nndGiitood  that  Cyathut  always 
indicalcB  ■  meMnre  for  adjnadiig  tlie  propntioiu  of  the  wine  and  the  irater,  and 
nerer  a  drinkiog  cap.  Tlie  general  word  for  tbe  latter  is  Pocaium,  bnt  Poctda 
werediBtinguishedbTavnit  variety  or  namei,  accwdinsto  the  fonni  which  thef 
aunmed,  inch  aa  Calue$ — Caalhari — Carchaia — Oiboria — CuiuUi — Pate- 
rot — Phialae — Sci/phi — IVientalia — Trailae,  and  manj  olhen.  The  male- 
rinli  of  which  tbe;  were  composed  were  also  greatly  diversified.  I^xntta  of 
wood,  {Jagitta,  Sec,)  of  pollery,  (^lilia,')  and  of  ^aas,  (irilrfa,)  wereincverr- 
day  oae.  More  predoos  were  those  of  lock  crystal,  (cryilaUina,)  of  amber, 
(capaea  Heliadtaa  cnutai,  luv.  S.  V.  37,)  and  of  the  precioui  metali,  (arijen- 
feo— aurea,)  (he  latter  being  frequently  decorated  with  chasings,  (Toreumata,') 
or  with  figures  in  high  relief,  (OtuIim — EmbUmata,)  or  with  predoui  stones, 
{Calicet  gemmati — Aurwn  gemmalum.)*  What  the  Vojo  Murrhina,  tlie 
most  highly  valued  of  all,  may  have  been,  no  one  has  yet  been  able  to  decide, 
but  (hey  were  certainlj  brought  from  the  East,  and,  Judging  from  the  expres~ 
vons  of  PropertiuB  (IV.  v,  26) — Murr?ieaqae  in  Partiiii pocula  cocla/acii — 
m^  very  probably  have  been  poroelaio. 

UndiT  ordinary  droumitaoces,  each  gnest  would  mix  the  wine  and  water  in 
his  own  oDp  {temperare  poculum)  so  as  to  soit  bis  individual  tnste,  bat  when 
the  Co6na  was  succeeded  by  a  r^nlsr  Commimatio,  then  Che  wine  and  water 
were  mixed  for  the  whole  company  in  a  large  bowl  called  Crater,  from  which 
the  Poctda  were  filled.  In  this  case  the  strength  of  the  beverage,  the  toaste  to 
be  drank,  and  sH  other  matters  connected  with  the  teetiviCiee,  were  regulated  by 
one  of  the  party,  who  was  formally  elected  to  the  offloe  of  Arbiter  Bibendi,  (the 
ZL'^TuiaglCiic  of  the  Greeks,)  i.e.  Master  of  the  Revdt.  Theohoice  was  usually 
determined  by  throwing  the  dice — Qaem  Vemu  arbilram^Dieel  bibendi  (Hor. 
C.  U.  vii.  25,)  and  sgain— iVec  r^na  vini  torUere  taiu  (L  v.  18>— «'"<* 
leads  OS  to  apeiUc  of  the 

Came'  afChBiiea  and  otlier  amusements  which  were  frequently  introdncetl 
after  the  Coena.    The  dice  nacd  by  the  Bomans  were  of  two  kinds  :^ 

1.  Teiserae,  (av^f,)  whioh  wen  regular  cubes  corresponding  in  every 
respect  with  modem  dice. 

2.  Tali,  (_dtr^iyitxai,y  which  were  of  an  ohiong  shape,  and  rounded  at  the 
two  ends,  M  that  they  coud  not  rest  upon  either  of  these.  They  were,  therefore, 
marked  upon  foar  sides  mily,  and  bore  the  numbeia  1.  tIL  IT.  Yl. — I.  and  VI. 
being  on  opposite  wdes. 

Tetierae  and  TaU  alike  were  thrown  fi:oni  a  cylindrical  box,  called  FritUlus 
I.  Phiifus  s.  Pifrgm  s.  Twriaila,  upon  a  board  called  Abacta  a.  Atveu),  or 
umply   Tabula  (so.  tutoria.')     The  best  throw  was  termed  Fenui  a.  Ceubi 

B.  OtM.  Fut.  IIL  S.-R    nut  Slleh.  V.  It.  Ft.  31. 


■imp.  OtI 


".OOglf 


496  iMKEi  cr  OHurcE,  Sec. 

Venereut  i.  lacba  Venereiu,  the  wont  Canu.  Tbe  mode  of  idajiag,  howsTW, 
was  difiiMDt  according  u  7><*erM  or  Tb/i  w«re  nied. 

In  ;^ying  with  TEuenu,  it  ftppean  that,  genecallf,  althon^  parhip*  not 
invodabl;,  the  perion  wbo  thnw  tbe  highest  number  won,  whieb  waa  tcnuad 
hy  the  Gre«ki,  vi.iiertliti.iiia  %»i^iit.  Hence,  it  wia  the  lactiu  Venervu 
wlieti  all  the  dice  came  up  lixes,  (Scnumei,)  and  the  CanU  when  thej  all  eamo 
4IJI  aces,  {Uniona,)  and  ihua  Canu  U  used  ia  a  general  seme  fyi  an  aee 
whetlier  in  Ttuerae  or  Tali  (Suet.  Oct.  71.)  Any  number  of  Taterat  might 
^c  employed,  but  three  «a«  tbe  oaoal  oomber,  as  we  see  torn  tbe  Gieek  provok 
li  Tfli  ■£  ig  Tfii(  xiidai,  which  BeolfBT  hai  rightlj  explained  to  meao,  three 
lita  or  three  acet,  i.e.  ali  or  nothing. 

On  tbe  other  hand,  thej  always  plajed  with  fbor  Tail,  neither  more  nor 
■ht*,  for  here  it  wa«  reckoned  the  iactut  Venerea»  when  they  all  came  np 
-dilfcrenl,  (Martial,  XIV.  14,)  and  Che  CanU  when  tbej  all  came  np  the  lame. 
Ill  a  game  of  Tali,  deacribed  by  Suetonins,  (Octav.  71,}  whoeva  threw  a  aiz 
'01'  an  aoe  put  a  Denarius  into  the  pool  for  each  six  aod  mch  ace  ao  thrown, 
and  thia  went  on  until  aoioe  one  threw  tlie  Vemii,  which  swept  the  board. 

Alea  may  lignify  a  die,  as  in  the  exclamation  of  Juliua  ilsoar,  when  pauing 
ilio  Rid>icon — laela  Alea  etto,  (Soet.  lul.  8S,)  but  ii  more  eommoaly  lued  U> 
mean  gambling  in  general,  and  eipecially  those  games  of  chance  in  which  mon^ 
was  stalled  aud  dice  were  need.  Sucli  amusements  vtm  iorbidden  by  law  aa 
eiirly  at  least  as  the  time  of  Cicero,  except  daring  the  festive  Loense  of  the 
Sutumalia,  and  professed  gamblers  {Alealores)  were  always  looked  upon  as 
disreputable,  but  the  enactments  for  tbe  suppression  of  this  vice  do  not  appear 
to  have  been  at  any  time  rigidly  enforced,  and,  under  many  emperors,  wa« 
altogether  neglected.' 

Otlier  games  of  a  leas  objectionable  character  are  occaaioDaUj  mentioned. 
Such  are  tbe  Lvdia  LalncBctiloTvm  and  Che  Ludia  duodecim  ScTi]itoram. 
Tbe  former,  which  by  some  scholare  has  been  compared  to  diese,  and  by  otheie  ta 
-draughts,  is  described  at  ootuiderable  length  in  the  Panegyric  on  Calpomina 
Piso,  attributed  to  Saleius  Baasus,  and  is  alluded  to  more  than  once  by  Ovid, 
Tbe  men  were  called  CaZcuit,JVfiii(ef,ZafronM,  XofruNCuIi,  weremade  of  gUv, 
«nd  were  of  different  coloun.*  The  latter  has  been  supposed  to  reeemUe  ba^- 
gamroon,  beeanse  tbe  moTemenh  of  the  pieces  were  to  a  certain  extent  r^nlaUd 
tiy  throwing  dice.' 

We  maj  also  menlion  the  games  of  Odd  and  Eoen,  (Ltidere  par  Iiiq>ar,') 
which  was  by  no  means  confined  to  cbildrea,  aa  we  might  suppose  from  the 
words  of  Horaoe,  (S.  II.  ill.  46,)  being  sometimes  introditced  along  with  TaH 
M  ^e  banquet,  (Suet.  Oct.  71 ;)  of  Pilch  and  Tea,  in  which  the  cry  was 
Capita  aut  Navia,  in  allusion  to  (he  devices  on  the  As,  (Uactob.  S.  I.  7;)  anJd 
ofA/iearc,  (Digitii,)  which  is  identical  with  the  modem  Mona,  so  pc^mlar 
Hmong  tiie  lower  clatsee  in  Southem  Italy  (Cic  de  N.  D.  41.  de  Off.  19.  SneL 
Octav.  13.     Calpum.  Eel.  II.  25.) 

Chapleu. — Towards  the  close  of  the  Coena,  before  the  drinking  (Cumpo- 

t/iHo)  fairly  eomtnenoed,  chaplets  or  gariands  (Serta — Coronae — Coroliat) 

nere  dietributed  among  the  guests.     At  what  period  tbe  custom  of  wearing 

-titeee  was  first  introdaoed  it  ia  imposaible  to  determine,  bat-an  anecdote  told  bjr 

■CLo.l'tailipp  11  U    Hor.  C.  IIL  ult.  te.    DlfHt  XI,  T.  I.  am    HutUl.  IT.Il  ▼. 

lojifl.  A.  A.ii  JuT.ilLai  TrirtlltTT.    B«iH.  da  Tnua.  14.    Hirti^  ZIV.  IT.  W' 
^CIg.>(LHi>n.i.>.Senf>Iii.p.lia.  •d.<l«ri.    OtM.  A.  A.  llaH.  III.IS&    <MMI.  L  O 


Flinj(XXI.S.)provM  thatit  preraikdu  eai^/uthewoondPmuoWu.'  Thev 
were  originsll}'  auumed  not  merelj  for  ornament,  or  Ui  ^lify  the  senm,  but  trm. 
4  belieTllist  th«  odoor  of  certain  plinti  nentr^izcd  the  intosicUmg  properties 
of  itIdc,  and  hence  ire  find  that  they  were  formed  not  of  fragrant  flowen  alon«. 
Rich  as  roaes  or  violets,  bnt  of  parslcj,  ivj,  mjrtle,  and  Taiiouj  other  plants, 
siniple  or  combined  .  ,  ,  ,  est  in  Itorto  =  Pht/Ui,  neelendu  Apium  eoronu=' 
Eat  Hedtrae  vii  (Hor.  C.  IV.  li.  8.)  ,  ,  ,  Quis  udo  —  D^operare  Apia 
cortnuu-'  Curatve  Myrto  (II.  vii.  23.)  Bnt  after  the  haUt  vas  once 
estBhlished  such  oonsiderations  were  allogetbei  thrown  ande,  so  that  in  winter 
artificial  chaplets,  ctiinACoronaeMgyptiae  s.  Wxrrme,  made  ofaolonred  born, 
(jameKto  t  comSiae  tinelti,)  or  of  d^ed  silks,  (e  vtsle  lerica  verticolora,)  or 
«r  copper  foil,  plated,  or  gilded,  (t  lamina  asrta  lenui  inaurala  aut  argentala,) 
ivere  substitnt«d.  To  the  last  meniiooed,  those  of  copper  foil,  the  double 
diminutive  CaraUarium  was,  according  to  Flinj,  properly  applied,  on  aoconnt 
of  the  great  t^nitj  of  the  metallic  leaves. 

Sometimes  ^e  materials  employed  were  plaited  together,  (^Coronae  plecHla,') 
sometimes  pinned  or  pasted  together,  (Coronae  pactiles,)  sometimes  sewea 
together,  (^Coronae  mliks,)  sametiaies  ti^  together  with  coloured  ribbons  termed 
/.emniMci,  or  with  stripe  of  lime-tree  bark  (PhUgrae  coronarum  Ltmnitcis  «- 
ki'-tt.  Flin.  E.S.  xvi.  4.),  and  sometimes  a  simple  tendril  of  ivj  or  a  sprig  of 
nijrtle  aofGoed,  without  any  previous  preparation — DiepUcertt  nexas  Philyra 
curonae  ....  Simpliei  Myrlo  nihil  adlabores  (Hor,  C.  I.  xxiviii.  2.  5.) 

The  artiBdal  chaplets  of  copper  foil  warn  at  banquets  must  be  distinguished 
<rom  CoroUaria,  made  of  the  predous  metals,  with  Lemnisd  to  match,  which 
aiu  said  to  have  been  first  introduced  by  Crassus,  and  bestowed  by  him  on  the 
siicoessfiil  competitors  at  his  games.  Soon  after  this  it  seems  to  have  become  a 
eommon  practice  to  bestow  such  tukens  of  approbation  upon  actors  and  other 
public  performers  who  had  distinguished  themselves,  and  licnce  the  word 
CoroUarium  is  used  in  a  general  sense  to  denote  something  given  beyond  what 
is  strictly  due,  a  gratuity  or  donation — Coboll*rium  ri  adililam  praeler  quoTa 
guod  debilum  auc  vocabalum  fictam  a  Coroilis.  quod  eat,  cum  placerent 
aelora,  in  ictna  dari  tolUae  Varro  L,L.  V.  §  178.  Phaedr.  V,  vii.  34,  For 
examples  see  Cic  in  Verr.  11.  60.  IV.  22.  Senec.  de  Ben.  Tl.  17.  Suet. 
Octav.  45.' 

PotAbm. — Not  less  cesential  than  Coronae  to  the  ftill  enjoyment  of  a  ban- 
<jnel.  was  a  supply  of  perlnmes.  The  taste  prevailed  trom  a  very  early  period 
among  the  Greets,  was  first  dei-eloped  among  the  Ramans  after  their  Asiatio 
conquests,  so  that  abont  a  etutury  later,  B.C.  89,  the  Censors,  P.  Lidnins  Crasans, 
and  L.  lulins  Ctesar,  fboud  it  neoessaiy  to  issue  an  ordinance — Ne  quit  venderet 
ttntpi£ata  exotica  {Plin,  B.  N.  XXI.  S,  comp.  Aul.  Gell.  Til.  12.)  and  towards 
tiie  close  of  the  republic  amounted  to  a  passion.  The  andents  bdng  unacquainted 
with  lite  art  of  distillation,  their  only  vehicle  for  odorous  essenoea  was  oil,  and 
hence  perfumes  of  every  desciiptioo  were  comprehended  under  the  general  term 

I  Th.  •n.n.m.ntta  Corsn  SHBi  to  hsv*  itlil Mtcd  In  >  ilnip!*  bud  alM  SInayam  «r 
round  tlM  bwd  ta  ceBflo*  Ibi  bilr.    Tbsl  FIId.  B.  K.  XXL  a     Tnui- 


1  pinlenlm  (Inn  aboTe  wHb  ntvd  to  Ctnrnt  an  Uktn  trom  Pllur  H.  N 
Agrul * — ' ......._-...-  ... .- 


XXL&HWL    ignx 
■Ik  PlBI^miwi.  UI 

7».  V.  31\    HutUl  1       _    .._ .     

WltbrHpMito  LamidiritttYna.Dln.i.j.  f-Hi.    Sin.  ul  VIrg.  £n. 


Vmt.  a.    Th*  (.nmfmi  w»  (MHraUj  ragtidod  n  hi 
«ba  Ctrtma.    Plin.  H.K.  XXL  a  oomp  &k.  pro  Boh 


Ottd.  Put  L  40 

.  -„.  _n.  V.  Ma.    Cttll 
rul  ■ddlllon  not  (u«ll 


600  rsBFUioM. 

Ungamla,  Of  these  then  wm  «n  imineDie  variety  obtained  firom  all  maimer  of 
■treet  imclling  herbs  and  Soyien,  and  large  qmintitieB  were  couumed  U>r 
BnoinEing  the  body,  na  operation  which  many  peifonned  r^nlarly  three  times 
a-day  (Senec.  £p.  LXXXYI.) — before  taking  ejcrdae,  atler  taking  exenuae,  and 
after  the  batli.  Tlie  ooarser  kinds  were  kept  in  large  shells  (...  .  fitnde 
eapacSita  =—  Uhguenta  concha  ....  Hot.  C.  II.  viL  2S.)  or  bottles  of 
•welling  glohular  form  called  ^m;itiUa«;'  the  finer  sorts,  which  were  veij  <iostlj, 
being  extracted  from  rare  plants  imported  from  the  most  distant  regiona 
of  the  East,'  were  kept  in  small  flasks,  mado  of  a  ipeoies  of  gypeom  called 
Lapii  Alabailritts  s.  Oayehilej  a.  Onyx,  whioli  was  beliered  to  poisesa  the 
property  of  preserving  their  fragrance  from  being  dissipated — Lapidtm  AU^iaxt' 
trittn  ....  eavant  ad  vaaa  mtgae/Uaria  qaoniam  opIxTM  tervare  incOTTtipta 
dicitur  (Plin.  H.  N.  XXXT.  12,)  Such  a  flask  was  leim^  Alabrutrm  w  Onyx, 
Aud  iraa  shaped  with  a  long  narrow  neck,  whicli  allowed  the  oontents  to  esoape 
drop  by  drop  only,  to  that  when  it  was  desired  to  obtain  the  whole  at  once,  it 
was  necessary  to  break  off  tbe  neck,  a  drcnmstance  which  fully  eiplaini  tli« 
passage  in  the  Kew  Testiunent,  wlieie  the  woman  who  came  to  visit  our  Saviour 
is  represented  as  having  broken  the  ''  Alabaster  box  of  very  precious  ointment." 
(St.  Matt.  jxvi.  7.  St.  Mark  xiv.  3). 

The  Huer  Unipienta  were  introduced  at  a  banqnet  along  with  the  Coronae, 
and  these  two  luxuries  ore  constantly  mentioned  in  connection  with  each  other, 
and  Willi  the  wine,  thus,  Horace,  C.  III.  liv.  17. 


and  again  II.  iii.  13, 


Tbe  pcifdmes,  when  handed  round,  were  applied  to  anoint  the  hair  and  face — 
cum  mterea  Apronita  capat  algue  03  juuni  vnguenlo  perfricarel  (Cic  in  Teir. 
lU.  25.)— 5aepe  conmatU  tUUant  UTtfjuenta  eapUlu  (Ovid.  Heroid.  XXI.  161.) 
....  coronatvt  7iitenleH=Sijrio  AlalaboUiro  capilloa  (Hor.  C.  II.  vii.  7-) 
and  tliey  sometimes  formed  Coronae  out  of  tbe  leaves  of  the  Nardiu,  and 
steeped  these  in  the  liquid  odour — Lautiasimimquippehabf:turiNardiJbHittaa 
(sc.  Coronat)  dari  ....  viigaentis  madidas  (Plm.  H.N.  XXI.  3. 
comp.  Locan,  Phais.  X.  164.)  They  were  not  content,  Iiowever,  witii  applying 
them  externally,  hut  actnally  mixed  them  witli  Che  wine — Athercleiajnqxadatnin 
pohi  ttddant  (Flin.  H.N.  XXIII.  S,)  or  poured  tbe  wine  into  (he  shells  or  bottles 
containing  perfiimed  oil,  and  drank  off  the  compound.  To  this  strange  practice 
we  find  allusions  botii  in  Juvenal  and  ftlartial,  the  former  when  descrilung  a 
debaucb,  mentions  among  other  characteiistica  (8.  VI.  308,) 

Cum  perfbsa  mero  spumant  nogneata  Filerao, 
Cum  bilHtur  Ctmoha 

slel.  PInrld.  H  9.  1 1. 

miphulnllj  FMumt,  haM  lb*  lint  place,  U»  til 

.  wFtH^lvn. 

.i|t«  friend  to  Join  h  In  In  miklnf  Iha  BKeeuiy 

Htn  lamppli  the  viae,  nvrlded  Vlrilliiil  will  eanlrilniu 
-  Kardifanmt  Ourr  Am  eaium  a  thd  hiiik  Sulficiit 


tai  the  Uctr  bu  ihe  foUowiiig  ep*grain  on  an  Ampulla  whioh  bore  the  name 
of  the  cdebmtod  perfamsT  Ciwmiu: — 

Hio  lie«t  in  eemmi  qoMi  Kmt  nominn  Conni, 
Lnxniioie,  bibM,  A  Foum  dtk— XIV.  110. 
SomctiiiM*  tha  wine  vu  flaToored  nith  the  perftune  before  it  iru  tnuuferred  to 
the  Ampbont,  bih)  of  ench  Flaatu  apenks  (HiL  GL  III.  ii.  11] — Deprotnpml 
Nardini  anipAorom  eeUariiu — wbere  Nardanan  is  wine  that  had  been  mixed 
with  Nwd,' 

The  icraat  leat  of  the  manntkotare  in  Italj  waa  Capua,  where  a  whole  itreet 
or  qoarter  called  Sepliuia  was  oocnpied  hy  the  Vnguentarii.^ 

aiBBlc.  Am. — The  praenoe  of  mamciaaa  at  a  fonnal  banqnet  leemi  to  hava 
been  conridered  indiapensable  from  btot;  early  period,  for  in  the  Aulularia 
of  Plaataa,  Megadorue,  when  making  preparationa  for  the  marriage  feiuta 
to  be  held  in  his  own  house  and  in  that  of  his  intended  fathcr-in-Uw,  hirea 
and  Benda  home  from  the  market  not  0017  two  cooks,  but  alao  two  female 
minatrels  (Tihiciuae).  Singing  women  {Paallria^—Sambticitlriae)  who 
accompanied  their  Toicea  with  tbe  Lyre,  were  introduced  at  a  somewhat 
later  epoch,  and  towards  the  close  of  the  republio  regular  concerts  (-Sym- 
phoniae)  were  performed  by  bands  of  youthful  choriatera  (^Paeri  lymphon- 
(oci)  trained  for  the  purpose.*  Thatanch  an  addition  to  the  pleasures  of 
the  table,  although  not  eaaential,  was  by  no  means  uncommon,  ia  evident 
from  the  words  of  Horace  (A.  P.  274  comp.  Cic.  in  Verr,  III.  44). 
Ct  gratM  Inter  roeniiu  STOphonia  dlicon 
Et  cmMnm  nngneiituin,  et  Sudo  cnm  meUe  papaver, 
OnmdoDt,  jnfemf  dad  gula  eotna  lint  itlit. 
Under  tbe  empire,  dindng  girls  {Sallatrica)  fnnn  Sptio  and  Syria,  wen 
frequently  introduced,  wboM  peribnnancei  teem  to  have  resembled  those  of  tb« 
AhtA,  itill  common  in  the  Eaat,  while  in  addition  to  these,  dwarft,  tumblon, 
with  moonUbonks  of  ereiy  description,  {Nani — Morionu,  &&]  and  even 
gladiators,  displayed  their  feats.  *  Sometimes,  however,  in  graver  society, 
mcve  ioleliectDHL  amueemeots  were  provided.  Tlie  prodnetions  of  celebraitd 
poets  weto  redled  or  simg,  jnst  as  in  ancient  times,  bnllads,  recoanting  tha 
glories  of  bi^-bom  warriors  had  been  chanted  by  boys  to  the  note  of  the  Ante, 
or  repealed  withoat  mnne,  (aua  voce,)  and  eometimea  the  talents  of  an  Impro- 
viMort  wae  ezeroised  to  the  admiration  of  his  hearers.' 

U  entertainments,  such  as  diose  noticed  above,  whether  addressed  to 


or  to  the  ear,  were  comprehended  nnder  the  Greek  torn  Aenamata,  (e.c.  Suet. 
Teqi.  19,}  but  this  word  ia  more  frequently  ein[rioyed  to  signify,  not  the  per- 
fannancea  tlMnudrta,  but  tbe  p«r»ont  who  perfbrmed.    Thus  Soetouaa  (<Mav. 


nterponefrafac/raguenftuanfalc^o*-— andNeposof  Atticns(14) 

IStmo  bt  coKtMa  eiu»  aSvd  aeroama  avdivif  queait  anagnotlen.    Taking  this 

ictioa  with  what  has  been  said  above  on  the  vrord  CoroUartmn,  we  an 

o  nndentand  the  expteesions  naed  t^  Cioero  (In  Terr.  IV.  221,)  when 

\g  tbe  thefts  of  Terres  in  abstracting  figniea  Dom  drinking  cups — Hie, 

r<|irdlii(  Untunlm 

XXXIV.  11.    V*l.lbI.IX.l. 
JT.  prvHIIoD.  31. 
X  OM.  XIX 


n  PHd7  (XIIL  I.  h«)  ud  Atfauuiu  &.V.  U-tl.  1 
ICIad(J*f.ur.l£31proB«LS.    PlW  H.  K.  XVI.  10  X] 
>  riMt.  Ami  LIt.  I.    LIT.  XXXIX.  a    Cl<t  DlT.  Id  a.  C.  17. 


(02  KUBICil. 

oiiaa/eMtivutrtAenicnna,  (i.e.  i  hired  perfiinDCr  at  a  banqaet,)  m  n'n<  CnroIJaribr 
(i.e.  a  gratuity,)  de  convivio  diseetUrel,  ibidemf  eonvitru  iiixpectatit&ia,  embU- 
mala  aveUenda  euraeiO 

Itloatcal  ■■■inHcais. — We  may  take  this  opportunitj  ol  naming  tlifr 
moBicat  iiutruinentg  in  general  aee  among  the  Romane,  whether  introduced  at 
banqnett  or  othemise.  These  maj  be  divided  into  two  classes. 
1.  Wind  iTislntmenU.  2.  Stringed  ItiStruirienli. 
1.  Wind  Instmmtnta.  By  far  the  most  important  of  these  viaa  the  Tihia, 
which,  in  ancient  times  at  least,  was  anecessary  BCGOmpaniment  to  evtiraoleinn 
saoriSce,  tu  every  dramatic  exhibition,  and  to  all  procesuoni,  whether  era  graT» 
or  Jovial  character. 

TempDribns  Toteram  Tibidnis  nsns  avonun 
Magnus,  et  in  magno  semper  honore  (hit. 
Canlsbiit  Iknb,  mntabiLt  Tibia  India, 
Cantabat  moestii  Tibia  funerlbns.~(Mt  FatL  VL  SS7. 
The  English  term  Flute  is  generally  given  as  an  equivalent  for  Tibia,  but 
Clariontt,  or  FlageoUt,  wonlil  be  more  appropriate,  for,  while  the  Tibia  in  so 
far  resembled  the  Sate  that  it  was  a  cylindrical  tube,  perforated  with  boles,  and 
li^aently  made  of  box-wood, 

irrarsforaTninabuica 

onoa— Ovid.  Fatt.  VI.  697. 
it  was  not  held  horiiontally,  nor  were  the  notes  produced  by  blowing  into  one 
of  the  hoies,  but  it  was  held  vertically,  and  the  notes  were  produced  through 
the  medium  of  a  mouth -piece  (Xi^ia — yhunaif.)     Uoreover,  although  a  single 
Tibia  was  frequently  employed,  the  Romans,  judging  from  the  representations 
on  andent  monuments,  generally  employed  a  combinalion  of  two  ....  biforem 
dot  Tibia  cantum  (Virg.  Ma.  IX.  618.) — Saepe  daotpariter,  saepe  Monaulon 
habel  (so.  Tibidna,  MaHiaL  XIT.  64.)      The  two  Tibiae  were  not,  however, 
joined  together  and  united  to  a  common  mouth- 
piece, as  in  our  double  Sageolel,  but  each  was 
kept   dbtiuct,  and   tno  separate   month-piecea 
were  applied  to  (he  lips  of  the  player,   which 
were  bouud  round  nlth  a  strap,  called  fiiffiiix 
by  (he  Greeks,  wiiich  enabled  bim  to  conSne  and 
regulate  hie  breath.     This  is  seen  distinctly  in  the 
annexed  figure  taken  IVom  a  painting  at  Pompeii. 
Tibiae  were   formed  of  different  materials   ac- 
cording to  (he  purposes  to  which  they  were  to 
be  applied — Nnne  Saerificae  Taseorum  (tibiae} 
e  Buxo,  bidicroe  vera  Loto,  Ossibuiijue  adninis 
et  Arge«to  Jiartt  (Plin.   H.N.  XVI  36,)   and 
lliose  intended  for  the-  theatre  were  sometimes 
of  such  large  dimensions,  that  it  became  neces- 
sary to  hoop  them  with  brass  rinp,  and  then 
the  instmment  must  have  been  analogous  to  the 
modem  Hautboy — in  ancient  Umes,  says  Horace, 
Tibia  noD  at  nunc,  nurivhaico  vincta,  tubaeqne 
Aemula,  «d  tenms,  simpleiquB  foramine  panoo.— A.  P.  202. 
I  Tha  TObx  Flingla  wai  onrnd  round  *1 1t>  (nrcmllj.  TIbull.  II.  i  BA.    Vir^  Xn.  Xl 


WbcD  tiro  TUnae  were  united  in  thij  manner,  thU  which  wai  held  in  tb* 
ri(^t  hand  wu  called  Tibia  Daira,  or,  becaoie  it  played  the  Air  on  the  1>eble 
□oie»,  TVNa  IneenHva,  while  that  hdd  in  the  left  hmi  wu  called  TUAi  Sniitra 
•.  Laeva,  or,  beoonae  It  ptnyed  the  Bub  accoiDpaoiment,   TViia  Swcentira 

a  in.  K.  E.  I.  2.)  Sometimes  instead  of  uniting  a  Treble  and  a  Baa^  two- 
bks  or  two  Baiaea  were  connected,  and  hence  we  icad  of  Tibiae  Dexirae  ani) 
Tibuit  Sinittrae,  Agam,  Tibiae,  ai  we  have  aeen  above,  were  divided  iato 
Sacrificae  and  Ludicrae,  and  they  were  also  claasified  according  to  the  char- 
acter of  the  Music  for  which  thej  were  constrncted,  and  since  the  three  principal 
ModHritai)  were  the  Lydian,  the  Dorian,  and  the  Phrygian,  there  were  Tibiae 
Lpdiae,  Tibiae  Phrygiae,  &c.  adapted  to  the  Lydiut  Modus,  the  Phrygiris 
itodia,  and  the  Doriut  Modm.  When  two  Tibiae  adapted  to  the  same  Mod'a 
were  nnited,  thej  vera  termed  Tilriae  Paret;  when  adapted  to  different  Modi, 
they  were  called  Ttfiioe  Impara.  Henw  we  find  in  the  Didascalta  attached  to 
the  playg  of  Terence,  such  eipreuion  as — Tibiae  pares  Dexirae  el  Sinistrae 
— Tibiae  duae  Dextrae,  &o. — at  least  this  is  the  most  plausible  explanation  of 
these  phrases,  although  the  matter  ii  involved  in  mnch  obscurity,  in  consequence 
of  our  ignorance  of  the  lechaioal  detuls  of  ancient  mnsio. 

The  Fiatula  was  the  2v(iyg  of  the  Greeks,  the  Pandean  pipe,  which' 
properly  consisted  of  seven  hollow  reeds  (cahrai)  of  different  lengths  and 
diameteiB — Eat  tnihi  ditparibus  septem  compacla  cicutis  ^  Fislula.     (Vircr. 

Ed.  1186.)  r  r  r- 

Bag-pipes  also  were  not  unknown,  for  we  are  told  by  Suetonius  that  Nero  made 
•  vow  that  he  would  appear  in  public  as  a  Eydrauia  and  as  a  Choraula  aiij. 
aa  an  Utbicuurius.     Ner.  54. 

The  other  wind  iostruments  in  oommon  use  were  of  a  martial  character.  The 
Tubwnan  a  straight  mctit  trumpet,  the  Comu,  made  of  the  same  material,  was 
curved  round  like  a  French  Honi — Non  Tuba  dirtcti  non  aeris  Comua 
Jlexi,  (Ovid.  Met.  I.  SB,)  while  the  Litma,  as  the  name  implies,  reeeniblcd 
in  form  the  staff  of  the  Augur,  and  vim,  therefore,  a  tlraighi  or  slightly  ber>t 
tube  with  a  short  spiral  curl  at  the  extremity.  See  representations,  pp.  240, 
:(77.  392. 

2.  Strmged  IntCnimentf.  Chief  among  these  was  the  Lyre,  {Fides — Lyra 
— AiifB,)  called  also,  poetically,  Tealndo  or  CMys,  (xiAv; — x'*^'"^^)  because, 
according  to  the  legend  recounted  at  full  length  in  the  Homeric  hymn,  the  frame 
of  the  first  Lyre  was  formed  by  Hermes  out  of  the  shell  of  a  tortoise.  The 
number  of  strings  (A'erui — Chordae — Fide» — Fila)  was  different  at  different 
periods,  and  we  meet  with  many  variations  in  this  respect,  as  well  as  in  the 
general  shape  of  the  inBtrument,  in  the  nuroerona  represenwiion*  which  appear 
on  ancient  monuments,  of  which  we  have  given  a  few  examples  in  p.  273,  and  one 
in  p.  504.  When  it  assnmed  its  most  perfect  form,  however,  they  did  not  eiceed 
Kven,  and  they  were  struck  cither  with  the  fingers,  especially  the  thumb,  or 
with  a  pointed  inslroment  resembling  a  pencil  in  shape,  {see  cut  In  p.  60+,> 
called  by  the  Romans  Pecten,  or,  when  they  adopted  the  Greek  term,  Fltctrum, 
(xAS»T(o».)     Thus  Orpheus  in  VIrgll  {S.n.  VJ.  640,) 

OMoquitnr  ni 


5D4  UnSICAL  mSTBDHESTS — DRESS. 

■peak  irith  taj  oertaintj  rapeoling  their  ehancteriitics.    Tlie  Sambaca  wu 
trifingDkr,  and  the  EtringB,  ihereTore,  of  oneqai]  lengthi,  u  io  Ihe  baip. 

Tambourinn,  (Tmnpana,)  Cjmbala,  (Cym^Zn,)  and  Castanets,  {Crotala,) 
yten  emplojed  cbieflj  in  the  orgiastic  rita*  of  Dionyani,  Cybeie,  and  the  SfriBti 
Goddees.  Nor  ought  ire  to  paai  over  the  iSutrum,  bo  often  allnded  to  bj  the 
Koman  nriten  of  the  flnt  centiuy  in  coanection  with  the  wonhip  of  lui,  wbo, 
in  the  aiineied  cut,  ii  represented  bearing  it  in  her  hand. 


m.  Dress. 

Drcaa  cf  Hea.! — The  dressof  mea  among  the  BoDiaiu  was,  dnring  the  whole 
of  the  best  period  of  their  histoiy,  extremely  simple,  consisting  of  a  mom  upper 
garment  or  plaid  of  aniple  dimensions,  called  Toga,  and  of  an  under  garment  or 
«hirt  which  fitted  mors  closely  to  the  person,  called  Tunica.  The  feet  were 
protected  dther  by  aandals,  called  Soltae,  or  by  shoes,  cslled  Caica.  The  head 
wss  not  uBoally  coveied,  bat  those  who  were  moch  exposed  to  the  weatber 
aornetimee  used  a  felt  oip  called  Pileiu,  or  had  a  hood  or  cowl  called  CucuUa* 
■ttiched  to  their  cloaki.  The  Caatia  and  the  Petatiu  were  broad  brimmed 
hau  worn  ly  thooe  who  had  weak  eyea,  and  hy  travdlen.  Both  ara  Greek 
words,  and  henoe  we  may  infer  that  the  otgecta  which  th^  represented  w«e 
foreign  impoRatians. 

Toga.—Tlit  Toga  wu  b  aU  agei  regarded  ae  the  cbaracteria^c  gaib  of  tbt 
Bomans,   who  were  hence  designated  as  empliaticallj  the   Gau    Togala — 


DBKaa  or  nor.  605 

liomanot  reram  dominof  ox^steuqdz  tooataii.  Allhoagh  too  eambroua  to 
b«  won]  b;  thoM  engaged  in  manual  labour,  and  probably  often  tlirown  aside 
in  the  domeitic  circle,  it  waa  ilwaya  asBOined  bj  penons  in  the  upper  olanes 
when  they  oppeared  in  public,  and,  at  a  Ute  epoch,  nnder  the  eminre,  when  it 
had  been  in  a  great  meunre  nipereeded  in  ocdinu^  lifB  b;  other  rormi  of  appaiel. 
It  waa  atill  r^arded  as  tho  dress  in  which  a  Roman  was  expected  to  appear  in 
the  proHDca  of  the  Prince.'  The  Tofla  was  not  only  the  characteristic  dreas  of 
a  Boman  dtiwn,  while  the  Greek  Pattium  distingniahed  foreignera,  but  the 
right  of  wearing  it  was  the  exclusive  privilege  of  cilizens,  its  use  being  forbidden 
lo  Ptregrini  and  slaves  (p  116).^  It  mas,  raorwiTer,  tho  garb  of  peace  in  con- 
tradistinction to  the  Sagura  (p.  452)  of  the  soldier,  and  henctt  the  word  Toga  is 
employed  to  denote  Peace,  as  in  the  well-known  line  of  Cicero — Cedant  arma 
tOOAE,  coneedat  laurea  Ungaae. 

The  shape  of  the  Toga  and  the  manner  in  whidi  if  waa  worn,  hive  gircn 
rise  to  many  oontrovetues,  and  sltbongh  much  infonnation  is  afforded  by  the 
statements  of  ancient  writers,  and  eape^ally  by  ancient  statnea  and  other  worka 
of  art,  these  do  not  in  all  instances  harmoiiize  wUh  each  other.  Indeed,  it  is 
Rasonable  to  believe,  that,  while  the  general  character  of  the  garment  remained 
the  same,  fasMon  wonid  introduce  changes  and  modiSoations  both  in  the  shape, 
tbe  dimennons,  and  the  mode  of  adjustment,  and  something  would  at  all  timet 
depend  opon  todividnal  fancy.  IVe  may  rather  feel  snrprised  when  wo  consider 
tbe  long  space  of  time  over  which  tlie  acconitla  and  representations  extend,  that 
the  variatioiu  from  something  like  a  fixed  standard  should  not  be  more  nnmerous 
and  nKHe  com[diaited.  There  can  be  no  reasonable  doubt  that,  while  the  Greek 
Pumian  waa  a  aqnarc,  or,  at  least,  a  rectangular  piece  of  cloth,  tho  ontline  of 
tbe  Toga  was  partly  curved.  Dionjsins  eiprmsty  terms  it  (III.  Gl)  xififiifiiuer 
ifimiaiuw,  while  Qnintilian,  who  gives  miante  directions  regarding  the  most 
gracefhl  modeofarranging  it,  declares  {I.  0.  XL3.)— /pram  (w/am BornBDAJi 
EiMB  d  aple  eaeiam  vtUm.  f  We  must  not,  however,  press  these  eipressione  so 
closely  as  to  conclude  that  the  Toga  must  have  been  exactly  semicircular,  a 
Ggure^hich  cannot  be  reconciled  with  tho  appearance  which  it  heirs  in  works 
of  artpbnt  if  we  assume,  with  Becker,  that,  while  the  upper  edge  or  chord  of  the 
cnrve^Bi  straight,  extending,  as  we  team  from  Horace,  (Epod.  IV.  8.)  in  the 
caaeof  fope,  to  uz  l/lnae,  it  was  deeper  in  its  greatest  breadth  than  if  the  lower 
edge  had  been  exactly  aemicircnlar,  we  shall  find  many  difficulties  removed. 
But,  even  if  we  suppose  the  shape  and  tho  dimensions  to  have  been  fixed,  it  is 
manifest  that  great  room  must  have  been  left  for  the  exercise  of  individual  taste 
in  arranging  £e  voluminous  folds  (Sintii)  so  as  to  produce  the  most  graceful 
eSM,  and,  it  most  be  confessed,  that  the  manner  in  which  this  hoge  maas  of 
doth  WIS  thrown  round  the  Egnrc  and  kept  in  its  place,  is  very  obscure.  He 
two  illnstiatiottB,  A  and  B,  given  below,  both  taken  (torn  andvt  atatnta, 
rntresent  two  different  a4juatments,  one  evidently  much  more  simple  than  the 
oUier,  but  it  will  be  fotmd  extremely  difGcalt  to  reproduce  either  of  them.  It 
wonld  appear  that  the  ordinary  mode  was  to  throw  the  whole  Toga  over  the 
left  shoulder,  leaving  one  estieniitj  to  cover  the  left  atm,  and  to  bring  it  rotmd 
the  back  and  under  the  right  arm,  which  remained  at  liberty,  tbe  seoiKid  end 
being  carried  again  over  tiie  left  shotdder.  In  this  way,  the  broadest  part  of 
the  doth  bung  down  in  Jrnnt,  a  large  bnnch  or  mui  of  plaits,  termed  Umbo, 
Uy  across  tbe  breast,  and  the  second  extremity,  which  was  carried  acroas,  served 

1  BasCOstat.  Ml    fcotlto.  Tit  Bstb'.  I.  conn.  IwnlirK.  Conaad  la 

'pHiL^IT.  II.    Siwt.  Clsal  U    CsiDF  Clo.pnBsUt.ftlnVtn'.  IV.H.  V.  lan 


dbub  or  hkii. 


M  when  a  Consul  »m  about  to  declare  war  in  (lie  name  of  the  Roman  people, 
or  to  devote  liimself  t«  death  for  his  country,  the  Toga  was  brought  over  tha- 
bead  and  girded  round  the  hoAy,  according  to  witat  was  termed  the  Cinctat 
Gabinas.  Tiie  details  liave  been  deacribed  b_v  Scnius  in  his  Commeniarj  on 
tlie  MaeM,  (Til.  612,)  and  Che  illustration  marked  C,  taken  from  the  celebmled 
Vatican  MS.  of  Virgil,  is  intended  to  represent  this  adjustnient.  See  also  Li». 
7. 46.  VIII.  9. 

Tunica.  Sabucula. — The  Tunica,  as  indicated  above,  was  a  sort  of  shirt 
worn  under  the  Torja,  and  buckled  round  the  waist  bj  a  girdle  (_Cmclta — 
Cingula — Ciagidum.')  ![  reached  an  incli  or  two  below  the  kneea,  and  the 
sleeves  were  so  short  that  they  merely  ooi'ered  the  ehoulders.  Tor  although  Tunic* 
hanging  down  to  the  ancles,  (Tunicae  talares,)  and  with  slecTcs  extending  to 
the  wrists  and  terminating  in  Iringes  ^Tunicae  Manicalae  el  Fimbriatae)  were 
not  unknown  Cowards  the  close  of  the  republic,  they  were  always  regarded  aa 
indications  of  effeminate  foppery,'  An  under  sliirt,  termed  Subaaila,  appeara 
to  have  been  au  ordinary  piece  of  drees  in  the  days  of  Horace;^ri(/es  si  forle 
Svhacula  pexae  •=■•  Trila  subesl  Tuaicae,  (Epp.  I.  i.  95,)  andyAngustus  was  so 
intolerant  of  cold,  that  he  enreloped  himsiur  in  a  thick  To^iiiTour  Timicae,  a 
Subucuta,  and  a  bosom-friend,  besides  swathes  for  (he  legs  and  thighsV/Z^vmc- 
fuafemu,  cum  pingui  Tooa,  Tumcis  et  Subucvla,  et  Tuokace  2aneo,  et 
t^MiNAUBDB  et  TiBiALiBua  {Suet.  Oct.  82.) 

/ni/urium  or  Inlusium  is  explained  by  Nonins  and  Vam  to  mean  a  T^iniea, 
but  while  the  former  exprcBsly  slates  (hat  it  was  an  under  Tunic — vestimentunt 


DfMBs  or  nx.  507 

^nod  eorpori  intra  plurinuu  vala  adhaertt — the  wordi  of  ihe  l&tler,  nlthoagh 
obKore,  implj  that  it  wu  an  apper  Tunic — that  while  Capitium  was  (he 
geoeral  t«rni  for  an  nnder  garment,  (ab  eo  quod  eapit  ptclm,)  the  Siibacula  was 
the  under  Taoic,  and  the  Sappana  the  upper  Tnaioi  and,  farther,  that  ther» 
wen  two  varieCtei  of  the  Sappana,  one  called  Indiuium  and  the  other  Patla. 

Taim,  in  the  game  pass^es,  claasea  all  garments  nnder  two  heads,  thaw 
wfaioh  were  of  Che  oloee  ahirt-like  fbnn,  and  Ihoae  which  were  (brown  loosely 
roand  the  pcnon — Prius  dein  Ikdutiti.  turn  AMiirrtii  quae  lunt  langam.^ 

It  is  stated  hy  Ados  Gellius,  (VII.  12,}  that  the  Romans  orifpnallr  wore  the 
Toga  alone,  hnt  this  must  be  understood  to  mean  that  (hey  did  not  wear  both 
the  Toga  and  the  Tunica  at  the  same  time,  for  the  fanner  could  never  have 
been  the  sole  garment  of  men  employed  in  any  purauit  requiring  active  bodily 
exertion.  Hence,  in  later  times,  we  find  those  who  affected  primitive  simplidty 
were  wont  to  appear  in  public  without  a  Tnaic,  and  especially  caudldatcs  for 
public  offices,  in  order,  perhaps,  that  they  might  (be  more  readily  display  Che 
scan  of  any  wounds  they  had  received  in  froot!*  What  a  gracefiil  effect  might 
be  produced  by  the  simple  Toga,  may  be  seen  from  the  figure  (1)  below,  which. 
is  taken  Irom  a  etatne  of  Jupiter  in  (he  gallery  at  Floreace, 


JW,  Sc-Coverings  for  the  legs  did  not  form  a  Kgnlar  part  of  ordinary 
dress,  hut  the  limbi  were  generally  left  bare,  eicept  in  so  far  at  ther  were 
covered  by  the  Tunica  and  Toga.  Occasionally,  however,  strips  J  cloth 
caUed  FoKiai  or  Fas/^tolae,  were  swathed  round  the  legs  like  handsees  a 
fashion  stiD  common  among  the  peasants  of  southern  Italv,  and,  accorfiL'a, 
they  were  amiied  above  or  below  (he  knees,  were  termed  Feminatia,  Cru^iia 
TOnaUa,  and  aometimes  Fasciat  cmraks,  and  Fasciae  pedaUs,  besides  which 

inAB  or  ftwn  Inltu.  '        n -u  otnita  nnm 


*.  Cw.  It.  Csl.  Mia.  &  q.  R.  «    LI..  IIL  M 


n-X.  IT. 


.  Cooglf 


50S  DKBMOwmM. 

we  bear  of  VadraUa,  to  pniicct  tLe  Ebdomea.  Cranta,  ain,  n 
coTTcspoodiag  lo  tbnii,  were  not  entutl^  nnknown,  Ibr  Hnxce  enmiMTalcit 
amoDg  the  ajaipmenU  of  a  coxoomb,  Fatciolat,  CuUtal,  FoetUia,  (S.  IL  iiL 
255.)  where  Focaiia  most  •ignify  a  iJiroal-muffler.^ 

Caica,  &C. — The  Caicaa,  •*  indicated  above,  waa  a  iboe  eorenng  tlie  wbob 
foot,  the  SoUa,  a  undal  cotuiMing  of  ■  lole  only,  wiilwiit  uffK  leatheca,  Cutooed 
nnmd  the  ioMep  and  ancle  by  Kiaps  (%ii/ae.)     Both  (ri*  theee  i  ■  -  ->- 


Roman,  and  are  oppoaed  to  the  Crepula  of  the  Greek*,'  jut  ai  tlie  Toga  ii 
oppcMd  Is  Ibe  Palluat.   The  Tariooa  jhape*  whidi  Ci^cti  and  &bae  atRuned, 


and  [lie  different  method*  of  fMteninf  them,  wiD  be  better  nndaitood  by  itwdTing 
ttie  annexed  repretentatiom  Mleded  by  Bocker  from  andent  tnonnmenla,  than 
from  tlie  moat  elab<H«te  deicnplion  in  wnd*. 

Daring  inclement  weather,  additional  clothing  wai  leqtiiied,  and  we  an 
acqniunted  with  the  names  ot*  Tariooa  npper  ckiak*,  bat  are  alnuiat  entirdy  in 
[he  darii  ai  to  their  ebaiae(«Tl*tie  shape.  Those  moat  fteqnently  mentioned  an 
the  Lactma,  the  Zaena,  and  [he  Paenula,  to  which  we  m^  add  the  SyrUhetis, 
the  AboUa.  and  the  Endromi*.  The  Lactma  and  the  Laena  wen  prtpariy 
thrown  over  the  Toga  Rit  warmth,  bnt  under  the  empire  aeem  to  have  been 
often  adopted  ea  a  nba^tnte  for  it,  and  were  then  made  of  the  finest  materiala, 
and  dyed  of  the  moat  ihowy  colonra ; '  the  Paenida  it  generally  believed  to  have 
reaemble^  what  is  now  called  a  poncho,  that  is,  to  have  been  a  thick  blanket 
vri[h  a  hole  cnt  in  the  centre,  throogh  which  the  head  was  inserted.  The  atatne 
represented  nbove,  and  maiked  (S)  i*  sapposed  to  be  dreased  in  •  Pamula,  bnt 
this  Is  a  mere  oonjectnre.  The  SynAait  was  a  loose  easy  robe  wcnn  at  taUs 
instead  of  the  more  nnwield/  Toga,  and  seein*  to  have  been  the  proto^pe  of 
the  modem  tjotntno,  unc6  every  one  appeared  with  it  in  pnblio  dniine  the 
Bfttnmstia,  but  at  no  other  aeason ;  of  the  AboUa  wo  can  say  aliooet  nouibg;, 
except  that  Jnvend  speaks  of  it  as  the  drea*  of  tlic  Stoics ;  (S,  m.  116.  oompt 
IT.  70  ;)  the  Endromi*  wa*  a  cloth  wrapped  round  the  bodj  by  athlete*  after 
vloleot  exertion,  in  order  to  guard  against  a  chilL 
/    Ofldal  Pr«»aai. — Theae  have  been  for  the  moat  part  already  notieed  m 


T.  ftt  Vlr(.  Mb.  IV.  W9. 


T.  XXIX  Ul 


DXEB8  or  llES,  U}9 

WMDmUoh  trith  iIm  diflferent  pffioei  to  -which  ih^  belonged.  The  moit  EomnKm 
of  tbeM  wai  the  Toga  Prattexta,  a.  Toga  with  a  purple  border,  wom  by  Dicut' 
ton,  CoDBule,  PraetMS,  Cunile  Aediln,  tbe  higher  orden  of  Prieati,  by  all  frae- 
bom  youths  niitil  they  aunmed  the  Toga  VirUU,  and  by  eirls  ootil  they  were 
muTud,  or  had,  at  least,  attMned  to  nuUiire  yean.  The  Trabea  was  an  upper 
garment  with  broid  purple  stripea,  which  ii  uid  to  have  been  the  dreee  of  iim 
kings,  and  wai  enbeequently  auumed  by  the  Equila  in  their  aolema  proceedoni, 
and  perliape  by  tho  Au^nni.  The  Toga  Picla,  an  embroidered  robe,  was  the 
garb  in  which  the  atatne  of  Jupiter  CapiloliuuB  was  arrayed,  and  wu  irom  by 
generals  when  they  triumphed,  along  with  the  Taniea  Pabnata.  The 
Emperors,  on  state  occasions,  appeared  in  a  Toga,  all  purple,  and  some  liave 
■appoeed  that  this  belonged  to  the  Censors  under  the  rcpnblio.  Of  the  Tauiea 
Laticlavia,  and  the  Tunica  Angusticiavia  we  hare  already  said  enough  iTben 
deacrilung  the  Insignia  of  Senators,  and  of  the  Ordo  Equetler  (pp.lO:^,  362). 
The  meaning  of  the  phrase  Mutart  Vtttem  has  been  alreuly  explained,  p.  102. 
Hair,  Beard,  Im. — In  the  earlier  ages  the  Romsnswore  long  flowing  hair  and 
beaids.  Hence  when  Juvenal  wishes  to  indicate  thn  the  master  of  a  feast  was 
drinking  wine  of  great  age,  be  says — Ipie  capillato  diffujum  Cohgule 
polal — while  Tibollus  and  Ovid  speak  of  their  countiymen  in  the  olden  time  as 
Inlonti  avL  Tano  nnd  Fliny  inform  us  thnt  liair-dreascrs  ( Toraores)  came  from 
Sicily  in  B.C.  300,  {anlea  mloiai  faere,)  and  that  the  younger  Scipio  Africanus 
was  the  Qnt  penon  of  note  who  shaved  every  day  (jadi  quotidie  insliluit.) 
This  operation  was  performed  in  two  different  modes.  They  either  shaved  off 
the  bMrd  smooth  ilondtre  ttrietim)  with  a  raior,  (ttovacuta — CiiUer,)  or 
merely  clipped  it  short  throogh  a  comb  (lotidere  per  peetitiem)  with  scissors 

iAxicia.)  The  custom  of  ivearing  beards  was  revivM  under  the  empire,  by 
ladrian,  who  is  frequently  represented  on  ocons  and  other  monntoents  Darbalui. 
The  harber's-ahop  (Tmulrina)  seems,  Irom  a  veiy  eariy  period,  to  have  been  a 
&Toarite  lounging-place,  as  we  gather  from  Plautns,  who  enamcrates  all  the 
apparatoB  employed,  kuife  or  razor  (OuUer)  for  the  beard  and  nails,  sdssors, 
(^Axicia,)  comb,  {Pecien,)  Tweezers  (  Ko2i<U<u)  for  plucking  out  stray  hairs, 
curling  tongs,  (CaUanUlnun,)  mirror,  (Spteiihrn,\  towel,  (Xinleum,)  and 
dressing-gown  {Involacre  iniicere  vatan  ne  iaquinel.)  ' 

Ortiamenlt, — Tho  only  personal  ornaments  worn  by  men  were  rings,  (Annuli,) 
and  these  were  originally  made  of  iron  and  carried  for  use,  in  sealing  letters  and 
ether  docnmenls,  [Obtignare,)  rather  than  for  decoration .  On  the  right  of  wear- 
ing a  golden  ring  during  the  republic  we  have  already  spoken  fully(p.lO:!). 
Dnder  the  empire  all  restrictions  seem  to  have  been  removed,  and  it  was 
not  DnoomnoD  to  wear  a  ring  on  every  finger,  or  several  on  the  same  finger, 
while  some  persons,  like  Crispinns  in  luvenal,  varied  them  according  to  the 
season  of  the  year. 


and  kept  those  not  in  use,  In  cases  called  Daclylioihecae? 

Dnw  •rw*aa«a. — Although  we  must  conclude  fivin  two  welUkuown  pas- 
sages in  Plantos,  (Anl.  III.  v.  34—47.  Epid.  II.  ii.  30—50.)  that  even  at  the 


8.  V. 

Tlboll.  IL  i  St. 

II.  sa 

41.    Flin. 

an.  viL 

ILII 

AtlL  G.IL  IIL  A 

CipC  IL  IL  li 

a  EpIiL 

Alio.  U.  U 

MartlU.  ttL  Tt. 

li. 

sa 

'sini 

mm<u  datdli  w 

Ith  Ritrd  to 

Iha  hill. 

Drj  or  Klojn  XXXVK  1.  Cm 

la  XL  a  UsrHiL  XL  Tl. 

».XlV. 

" 

(tulnllL 

LO,X 

1.1 

,H...|C 

•u-Iy  epoch  to  wbicb  that  dramatist  belongs,  Koman  Indie*  emplo^'ed  a  gnal 
variotj  of  stnfi  in  adorning  their  penjns,  and  that  their  irardrobes  mhijiit^J 
■Dianv  different  Gubion«,  jet  (he  garments  themselTw  were  few  in  nnmbv,  and 
tli^r  genErtl  oharacter  ajwajs  die  same.  The  dreM  of  a  matroa  ooiuisted  <d 
_rt!ree  P"t»— 

1.  Tita  Tunica  interior  a.  inlima,  or,  as  it  was  lenned  at  a  later  pericd, 
JiiKrula,  a  short  shift  fitting  close  to  the  body,  over  whioh  was  placed  a  bdt, 
oalled  MamUlare  or  Strophium,  to  give  support  to  tbe  txtfoiu. ' 
~  '  2.  Tlie  Stola,  a  Ioom  tunic,  to  the  tmttom  of  whioh  a  iwrder  or  flooiiM,  oallsd 
Itatila,  was  sened,  the  whole  reaolilng  down  bo  low  as  to  ocooeal  the  aneka 
End  part  of  the  feet — Quaeqae  legU  medios  IruUla  loaga  pedes  (Ovid.  A-A.  L 
32.)  The  Stola,  with  the  Inatila  attached,  was  the  oharaoteristic  dreai  of  tba 
Roman  matron.  Henoe  when  Horace  wishes  to  indicate  matrons  as  a  claaa, 
ho  siTlei  them — illiu  t^  Qvarum  lubsula  laloi  Itgit  laslita  vetU ;  (S.  I.  ii.  29 ;) 
and  Martial  (I.  36.)  emplojs  the  phrase  Slolalum  pudorem.  Tlie  Slola  was 
gMliered  and  confmed  at  the  waist  ]iy  a  girdle,  (^Zona — Cingtiiam — Cincdi*,) 
and  Irequeutly  omamenteii  at  the  throat  by  a  coloureQ  bonier  called  Palogittm. 

3.  The  Palia,  a  shawl  so  large  ai  to  envelope  the  whole  figore,  thrown  ow 
the  Stola  when  a  lodv  went  abroad — Ad  talos  Stola  denuHO  el  circuiadata 
Palla  (Hor.  S.  I.  ii.  99.)  ' 

In  tbe  cut  marked  (3)  in  p.  5U7,  taken  Irom  a  statue  of  the  Empreos  livia, 
foiiud  at  Pompdi,  we  see  distinctly  tbe  Tunica  Interior,  tbe  Stola,  and  tbe 
I'litla.  Here  it  will  be  observed  that  the  inner  Tunio  has  slacves,  while  tbt 
SC'ila  is  fastened  over  tbe  sbonlJen  by  simple  straps  i  bat  this  was  not  the  caae 
iiniversnUy,  for  several  ancieuC  uionumenls  show  the  inner  Tucic  withaut,  and 
llic  Stvta  with,  sleeves. 

Just  as  men  occasionally  wore  a  Lacerna  or  a  Laena  over  the  Toga,  M 
ivumen  occasionally  threw  a  second  cloak  over  the  Palia.  This,  in  the  moit 
ancient  times,  was  called  Ricinium.  Livy  and  Ovid,  when  desdilnng  aom^ 
tiling  of  the  same  kind,  use  the  general  (erma,  Amictdum  and  Amielut? 

Peregrinae,  Libertinae,  and  all  women  of  donbtiiil  repatation,  instead  cf 
wearing  the  Stola  and  Paila,  were  attired  in  a  shorter  Tunic,  without  tba 
Initita,  and  in  a  Toga,  the  latter  usually  of  a  dark  colour.  <  The  word  Pa3a 
IE  applied  to  the  robe  of  tragic  actors  and  of  musidans ;  but  we  know  not  whether 
this  was  identical  iu  form  with  the  PaUa  of  women.  * 

Head  Dress — Great  pains  were  bestowed  upon  plaitmg  and  airaagiDg  tbe 
hair,  as  may  be  seen  from  tbe  numerous  representations  upon  ancient  coins  and 
statues;  the  ud  of  hair  dressers  (Ciiiijiona — Cinerarii)  and  curling  tonc^ 
■{CalamiMtra)  was  called  in,  various  miguents  and  dyea  weie  applied,  and  £» 
great  object  of  ambition  under  the  empire  being  yellow  hair,  wigs  of  tbis  ocJour 
( Galena  fiavxt)  were  substitnted  lor  the  natiual  locks. '  Coverings  of  differ- 
ent kinds  for  t^e  head  were  also  common,  snob  as  nets,  {Eetieida,}  veils,  (Sieat 
a.  Riculae,)  as  well  as  cape  and  turbans  of  various  ibi^Ks  (Mitrae,  Calan- 
ticae,  6ic) 

OrnamenU,  ^v. — These  OMinsled  of  necklaces,  [MoiaUa,]  braceleta  or  aim- 


1  Ant  0«ll.  VI  111  X.  IJ.     Apolst  Florid.  !L  R.  I  1.    Mi 
lUrtlil.  XIV.  «S   Nan.  i...  Si™ti.u  p.  :«»  «!.  Qert. 

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


.    MK  VIIL  ISe.      C*IIilI  LXIV.  « 

vu  ■d}un*d,  HI  Apali 

Odd.  Hm.  XIV.  to. 
pmiuge.    TIbuIl.  IV.  1.9. 


MATBUALB  or  DKKW.  fill 

teM,  C^mnUoe,)  eaitinp,   (/iMurei,)  duiiiu,  (CblcUoe,)  made  of  gold  wd 

•draoiaMd  with  peirls  ^Margarilae — Uniima)  and  predona  N«nM  of  everj 
-deuription,  whidi  wne  kept  in  jewel  boiga  (^rcuiie.)  The  toilet  famitnre 
\Munda»  jauUtbrii)  ooiuiited  of  minwi  made  of  pdiuied  mital,  (^Specula,) 
pcrfiime  bottlee,  (Vata  ungiientaria,)  oombo,  (Pectinei,)  and  ■  coontlsM 
variety  of  ooametics,  {MedMamma  food,')  amoDgnbioh  longe  (j^rpururem) 
and  while  punt  (Cmiua)  were  not  fnnotteD.' 

HmttmtmU  »f  Or»»i.~-Alltheg«nneirt»of  botli«eiee,althooghdlflBriDgwiddy 
inteitnn  andqulitj,  aooordingtotbeaeaKouofdie  jesrand  theouitwtnttanoeiof 
the  wearer,  wen  for  man^  eentDiiea  made  of  wool  eiolaaiTel)>',  and  althoagh  vari- 
oni  new  fabrics,  compoeed  of  Mlk,  oMton,  and  flax,  were  introdnoed  toward)  the 
cloee  of  the  repnblio  and  nnder  the  eoi[niB,  the/  were  never  adopted  by  any 
large  portion  of  the  commnnitir.  The  wool  wu  not  dyed  bat  waa  allowed  to 
retain  ita  nattual  cokntr,  white,  (alba.,)  nnder  ordinaiy  drotunnancea,  and  black 
(/iiJia)  tat  those  who  were  in  mourning,  and  who,  when  iliiiiiiml  in  their  daric 
afiparel,  were  laid  to  be  PuUati  or  Atrati.  The  varioos  artidea  of  dreu,  when 
cleaneed,  were  not  nmplj  wiehed,  bnt  were  elaborately  acoured  with  enlphnr  and 
other  purifying  eabetances,  bj  a  olaea  of  peraone  called  FuUana.  Thoae  who 
were  impeaohed  of  any  oS^ce  sg;unel  the  State,  frequently  endeavoured  to 
exdte  pnUic  lympathy,  by  appearing  abroad  Sordidati,  i.e.  with  Vote*  Sor- 
didae,  typifying  by  the  neprlcct  of  their  peiKmal  appearance  the  mental  deprea- 
eion  under  which  they  were  labouring.  The  term  oppoaeil  to  Sordidati  ia 
Candidali,  which  has  been  already  explained,  p.  211. 

The  Roman  conqneeis  in  the  East  led  to  the  importation  of  eiik,  (ilerteunt,) 
bnt  the  ooat  of  Che  njr  material  was  ao  great,  that  thin  gauzes  (Ccat 
veilai)  were  chiefly  employed,  or  cloths  in  which  the  woof  was  of  silk 
(Trama  tx  Serico)  and  the  warp  of  flax,  (Sfamfnc  lineo,)  these  stufli  being 
termed  Vulea  tubtericiK,  in  oontradistinction  to  the  Vatet  holotericae, 
compoeed  entirely  of  lilk.  Dretaee  of  such  materiahi  were  at  flist  almost 
contincd  to  women,  and  ao  nubeooming  was  it  considered  for  a  man  to  appear 
in  them,  that  during  the  reign  of  Tiberius,  the  Senate  passed  a  decree — Ne 
Veslii  Serica  vinu  fotdaret  (TaciL  Ann.  11.  33.)  Although  tbie  reguladon 
may  liave  soon  been  disregarded  or  evaded,  it  is  evident  that  while  ulk  was 
worth  its  weight  in  goU,  its  Die  must  have  been  very  limited. '  Cotton  idso, 
.alllwugh  not  unknown,  wss  rare  ;  but  it  ^tpean  very  strange  and  nnacoonntable 
that  flax,  although  enltirated  in  Italy,  and  used  for  many  domeitio  pnrpoiea, 
was  never  employed  generally,  until  a  late  epoch,  for  articlea  of  dress,  insomuch 
that  the  priests  of  liis  were  at  once  marked  out  to  the  eye  ai  a  diitinct  olau  b; 
-the  drcnmitanee  of  their  being  robed  in  linen  (Unigera  turba.) 

It  is  generally  assumed  tluit  the  words  Byttai,  Carbatut,  Zinum,  Sindon, 
Supparut  I.  Supparam,  signify  diflerent  kinds  of  flax  and  of  linen  cloth  ;  that 
Bombyx,  VtattM  Bomb^einae,  Coot  VesUt,  Serieum,  Serieae  Vt*te»,  all  indicate 
Hlk ;  and  that  Goimptian  and  Xylimim  (so.  linum)  mean  cotton.  But  on 
-examiDiDg  carefully  the  passages  in  andtnt  anthon  where  theM  words  oocnr,  it 
will  be  found  that  mmh  obsoority  and  confusion  prevul ;  that  the  tr  " 


C12  spnimifa  ams  wzatiko — WRimca  iutebuu. 

tnuiilated  Silk  and  SUkm  laiut  in  maa;  c«so  refer  to  miialing  or  other  ddicaU 
manufBotnna  of  coltoa,  which,  like  silk,  were  brought  from  the  far  Eut,  and 
that  although  nothing  is  more  certain  tliaa  that,  in  ordinaiT'  lannuige,  Linwn, 
irith  its  denfMiyes,  Liiieas,  Linteia,  Linleo,  and  LinUaritu,  tJl  rder  to  flxi, 
jret  we  shillfind  Linumaad  B^siutlxithused  to  denote  cotton,  nhile  Sindoa  it 
•Ometimei  linen,  Bometimes  mudin  or  calico.  ' 

MplBBtBC  hhA  WcBTiHi. — Mot  Only  nere  iroollen  itoffs  emplo/ed  excln- 
firel/  for  manj  oenCnriea,  bat  in  the  earlier  agea  the  oloth  Traa  ail  home-madc. 
Spinning  and  Weaving  were  ooo^ered  faononc^o  in  theneelre*,  and 
formed  the  chief  ooonpation  of  females  in  every  rank.  The  family  loom  long 
itood  in  the  Atrium,  the  pnbhc  apaitmeot  of  the  mansion,  and  here  the  mi^treM 
of  the  booM  «at  and  toiled,  lurroanded  by  her  female  sUves. 

A  quantity  of  wool  was  weighed  oat  to  each  handmaid,  (hence  Peasam  sig- 
niflee  a  tatk,J  which  she  waa  required  first  to  carf,  (carpen—carpert  Aerib 
peiaum,)  and  tliea  to  epin  into  yam.  The  lattor  operation  was  pofonned  by 
means  of  a  digtaff  [Cotut)  and  spindle,  (Fuitm,')  the  method  practised  in  thb 
oountry  at  no  very  remoU  epoch,  aad  bIjU  nloiotrt  universal  in  wnthem  Italy. 
A  most  gr^hic  and  charming  description  of  the  process  will  be  found  in  CatnUos, 
where  he  represent*  the  Fates  plyiog  their  task  at  the  nuplials  of  Peletis  and 
Thetis  (LXIV.  312-320.)  The  difi'erent  pails  of  the  Loom  and  of  the  Web  an 
Id  like  manner  enomerated  by  Ovid  when  describing  the  stmggte  ofArachne 
with  Hincrva,  and  are  fi«qucntly  alluded  to  in  the  dasmea.  *  'Hie  frame  of  tba 
Loom,  wliicli  was  generally  pUced  vertically,  and  not  horizontally,  was  called 
lugum,  the  web  was  Tehi,  the  loopa,  which  are  now  called  HeddUs,  were  tlu 
Licia,  the  warp  or  longitudmal  thrcadg  of  the  web  Stamen,  the  woof  or  ctom 
threads  Trama  or  Subiemen,  the  reed  by  which  the  threads  of  the  warp  wen> 
kept  aepaiaie,  ao  a«  to  afford  a  passage  for  the  shuttle,  wm  Arvado,  the  shultls 
itself  was  Hadau,  the  lay  by  which  the  threads  of  the  woof  are  driven  homa 
was  PecUn  (llla  eliam  radio  stantes  percurrere  TBLiS  »—  Erudit  et  rarum 
PECTCiB  DEKSET  orua.    Ovid.  Fast.  111.  SI9.) 

IV.  Writi^'C  Hateriau,  Books,  Libraries,  &c. 

We  may  pass  over  very  briefly  those  subatancea  which  were  resorted  to  fttm 
the  most  remote  epochs  for  lecoiding  and  preserving  public  acts  and  nationat 
documeoti  of  every  deacription,  and  on  which  the  characters  were  cut  and  uot 
inscribed.  Such  wete  nlabs  of  stone,  (inciia  nofit  Toarmora  pubiicis,  Hor.  0. 
IV.  viii.  18.) — plates  of  oopper  or  bronze,  (lega  Decemvirala  .  ,  .  fa  oet 
010X03  ptMice  propoguemnt,  Liv.  III.  57.)  which  were  employed  almost  eicln- 
uvely,  down  to  a  very  late  period,  for  registering  the  ordinances  of  the  Peopio 
ud  the  decrees  of  the  Senate — aheets  of  lead,  the  piumbea  vofumina  of  Pliny 
(H.N.  XIIL  11.) — and  slabs  of  wood  (oppida  moliri,  kga  inctderc  ligno,  Hor. 
A.F.  899.)  >  Kor  can  we  enter  into  any  e^iamination  of  the  use  of  palm  leavea, 
(in  palmartaa  foUia  prima  scriptilaium,  Fiiii.  1.  c.)  nor  of  the  bark  of  treeo, 
(Ubtr,)  itill  manatactured  for  snch  purposes  in  the  East ;  nor  of  the  prepared 
Lacn  of  which  the  andent  Linlei  iibri,  referred  to  by  livy  (IV.  7.  13.  20.) 

I  On  theH  ud  ill  taplu  ciinn*i>ti>d  ollli  Iha  tutll*  ribrlca  of  Uw  iniilHiti,  ■«  tha  ■»■■ 
tarlj  trallH  of  JiTO,  tnilcled  TtrlHimit  AmUpKium,  >  TDrh  whloh,  to  tke  i*gn(  at 

'VSiW-Mei.  VI.M.™iiip.FMl^FLai 
*  In  Ab1»  Oollliu  (II.  Vi.) 


613 

Mint,  II  their  nama  impliM,  bftTe  been  oompoied.  We  oonflne  omwlTei  to  thi 
OKBidcration  of  the  materiili  which  were  in  ordinur  nn  >ftw  the  Bomane  had 
beeome  *  liuruj  people,  and  when  writing!  of  aU  MMriptkKU  were  moltiplied 
to  an  extent  altogether  unknown  in  the  eflnier  age*. 

Then  materials  may  be  divided  into  two  daiMa,  aceording  ai  the  writiiig  was 
intended  for  pttmaiiait  pieaervation,  or  conriited  of  Dotet  made  lor  » tampomy 
piiipaae  onljr.  In  the  fonner  owe,  the  materialt  employed  were  dtber  Fapa 
(Charta)  or  Parofamait,  (Mtmbratia,)  in  the  latter,  thin  ]»eaee  of  board  coated 
with  wax  ( Tabulae  etraiae.) 

1.  F^ier,  termed  Charla,  waa  made  from  the  reedj  plant  called  Papyrus, 
tb«  Cypervt  Fapyrui  of  modern  botaniite,  whicli  grew  in  great  abandanoe  amid 
the  Magnant  walen  left  hj  the  inondationa  of  the  Nile.  Paper  from  the 
POfn/nu  waa  used  in  Egypt  at  a  period  far  hejond  the  reooida  of  anthentio 
Iail«i7,  for  fivgmenta  of  it  oorared  <rlth  writing  are  tbnnd  sttaohed  to  the  oldeat 
mommiee.  It  waa  imported  into  Rome  from  Alexandria  in  large  qnandtiea 
towarda  the  dose  of  the  re^ablio  and  nnder  the  empire,  and  manofactoriea 
(Offiemae)  exiited  in  the  metropolia  for  the  porpoee  of  making  it  np  into  dif- 
ferent  forme.  Eight  vuiedee  were  known  daring  the  earlj  part  of  the  firat 
oentnry ;  the  best  qnality  was  Charta  Aufputa,  the  eeoond  Lieiatia,  the  third 
Hitra&a,  tbia  in  andent  timN  having  been  the  efulbet  ^iplied  to  the  best ;  the 
lowen  was  called  Entporetiea,  and  waa  need  6x  tying  np  parcels  only.  In 
oonaeqaenoa  of  certain  improvements  introdnoed  by  the  emperor  Clandius,  tha 
Charta  Claudia  eventoally  took  pvoedenoe  even  i^  the  Auguiia.  The  mode 
In  whieh  the  Papjfnu  was  mannbolared  into  paper  has  been  minntely  described 
bjFIinj,  who  is  onr  great  antbority  npon  this  topio,  (H.N,  XIII.  11. 12.)bnthe 
is  more  than  nsnally  obeonre  and  oonfnaed  in  hii  phraseology  when  deicrihing 
tiie  proovB.  We  gather,  bowever,  from  bia  worda,  that  the  elem  of  the  Papiptit 
waa  cnt  into  lengths,  and  that  the  inner  inbstance  was  snurated  into  very  thm 
strip*  or  elices  {pkilyrat)  by  ashaqi  pconted  inatnmmit  (aeut.)  Two  of  these 
phtlyrae  ^en  placed  one  above  tha  other,  the  direction  of  the  fibrta  in  the  one 
being  at  ri^t  an^ca  to  tha  Gbiea  of  tlie  other,  and  gloed  together  to  form  the 
thickness  of  the  p^Mr ;  several  of  these  stripe  were  then  plaeed  side  hy  aide  and 
^ocd  together  to  form  a  atrip  of  the  proper  breadth,  which  was  now  termed 
Sdieda,  or  Pa^a,  or  I^wula,  the  breadth  vaiying  in  the  different  qualitiea, 
that  of  tbe  ilu^utto  being  18  I>i^',  (p.  462,)  thatof  the  ifurafica  11.  Again, 
several  Schedae  or  n^ulae  were  gloed  together  to  fbnn  a  fall  aixed  sheet 
called  Seapai,  the  nomwr  of  Plagitlat  so  united  never  exceeding  twenty.  Tha 
Ctaudia  was  thicker  than  any  of  the  other  kinds,  bdng  compoaed  of  three 

^''^roe  placed  above  each  other ;  in  breadth,  too,  it  exoeewd  even  the  JNfwbi, 
g  a  foot  wide,   (ptdalit,)  and  the  particular  varie^  called  Maeroevlum 
or  MacrocoUum '  waa  a  foot  and  a-half  wide  (cubUalis.') 

i,  Farehmmt  or  Tdlnm,  termed  Pergamena  (ac.  m«tiidrana)  becaose  the 
invaitioii  of  it  was  ascribed  to  one  of  the  eariy  kmgs  of  Pergamns,  was  also 
extamvdy  nsed,  but  bang  much  more  coMly  than  Charta  made  of  tbe 
Pap!/rus,  was  employed  for  those  docnmenU  oidy  which  were  regarded  as  of 
gnu  importance  ajtd  valne. 


proper  Aipe  by  a  penknife — the  Scalprma  Jihrariam.     Ink,  t«med  Aframm' 
■  TketBB  IfitMllliai,  »ftill«dtnf>p«rBfl«»««aM.  wMlmmrttMCtew.  —  KWa* 


511  wmnro  uAtvatj*. 

am,  was  geoenUy  oomposed  of  luop-blsck  (obtained  by  bnniiiig  ptteli  or  roan) 
aUed  with  gam  water  or  wnw  other  glatiooo*  liqoid.  Sepia  also,  the  daik 
flaid  coDtaiiMd  ia  the  bag  of  the  cuttle  flih,  wai  nicd  ai  a  HibatUiUs  for  Alra- 

Sinee  the  oomtnon  Atramentatn  oontained  no  mordant,  it  did  not  nBoanarily 
make  an  indelible  mark  upon  parchment,  bat  might  be  eaaily  obliterated  t^ 
the  applioation  of  a  wet  iponge ;  if,  howerer,  in  oonseqneaoe  of  the  ikin  not 
bting  propcrij  dnmed,  or  from  aome  other  canse,  the  bluk  maiki  canid  not  bo 
lemored  in  this  manner,  the  surfHoe  of  (he  membrana  mi^l  be  rendered  avail- 
able for  the  reoeptioD  of  freah  writing  bj  scraping  it  irith  pamioe-atone  or  anf 
■imilar  substance,  and  henoe  second-hand  panshment  renovated  in  this  manoer 
WM  oalled  Patimpiatui. ' 

Writing  -was  oonfioed  to  one  ude  of  the  Charta  at  Mernhraiia,  eieept  when 
an  author  was  hard  preaoed  for  room,  or  when  old  HSS.  were  given  to  boja  in 
order  that  thev  might  copy  out  tbeir  exercises  on  the  back.  Such  writing  waa 
distingniihed  aj  the  epEthet  OpisthographTit.  * 

3.  Tabula  properly  signifies  a  board,  and  the  commonest  of  all  writiitg 
materiaU  were  small  thin  boards  {Tah^ae)  covered  with  a  coating  of  wax, 
(Ctra  rasa  tn/ksa  tahtliia,')  the  characters  being  formed  by  an  iron  pendl 
termed  StUut  or  Qraphinm,  which  was  ground  to  a  shaip  pout  at  one  end  for 
aaratching  the  wax,  and  flattened  at  the  other  for  smoottiing  the  surface  when 
it  was  desired  to  obliterate  what  had  been  inscribed — hence  the  phrase  Vertert 
SHlum  Bii^JSea  To  make  an  erasure.  When  several  of  these  Tabdlae  wets 
united  together,  they  formed  books,  which  were  termed  Codice*  s.  CodinUU; 
(Plurium  Tabularam  conlexlaa ;)  when  these  were  of  small  dimensions,  ihej 
were  called  PugUiara,  and  acoording  as  the/  coneitled  of  two,  three,  or  wan 
leaves,  were  distinguished  as  DiplychL,  TriptycM,  THplica,  QuutcvpUcet,  &a. 
Inst«ad  of  oommon  deal,  the  predons  Cilnit  wood  was  sometimes  employed  for 
Pugillaret,  and  they  were  frequently  decorated  with  costly  ornaments.  * 

Although  the  words  Tabulat,  TobeUae,  Codicet,  CodicUli,  properly  refer  t» 
tablets  covered  with  wax,  they  are  constantly  employed  in  a  general  sense  !» 
denote  written  dooomenta  of  any  description,  whatever  might  be  the  material 
employed.  Thus  Tabulae  Teitamaiti  a  the  received  phrase  for  a  Will,  althongh 
such  *  deed  would  doubtless  be  generally  engrossed  on  pdper  or  parebment,  and 
Horace  designates  the  first  page  of  a  Will  as  Prima  cera  (3.  II.  T.  63.) 
Bnt  PjtgiUarti  might  be  made  of  parchment  or  of  ivory;  and  tbua  out 
of  the  Epigrams  of  Martial  (XIY.  7.)  bean  as  its  Lemma  PtigiUara  Mem- 
branei,  and  another  (XIT.  5.)  PugiUarex  Eborei,  while  in  an  inscription 
(Orelli  No.  3838)  we  road  of  PugiUara  membrtaaceoe  cum  operculu  eboreh. 

Liber. — Observe  that  Libtr  signifies  properly  the  inner  bark  of  a  tree,  espe- 
cially of  the  Tiiia  or  Linden-tree,  and  that  PhUyrae  are  the  thla  UyeiB  or 
membranes  of  which  the  Liber  is  composed.     This  snbstanoe  having  been  pre- 

C'm  early  ages  for  writing,  just  as  the  PhUyrae  of  the  Papyrus  were  in 
t,  the  w<n^  L3>er,  in  process  of  time,  waa  employed  like  Tabidae,  to  dmoto 
a  book  or  document  of  any  description  without  icfereooe  to  the  material — Ijb- 
BDBQU  appeilatioae  conlinentur  omnia  uolumuio,  riot  m  ciorlo,  tine  ia  ni«M- 
lPm.B.IILii,  •nq.  CIcLidAtt  VI.S.  BMLVltdLl  Tatft.  Abb.  V.  «.  VHimv. 
TIL  10  Plln.  as  itXV  &  XZXVIl  7. 
1  Clo.  Bd  Fwn.  VII.  ig.    OinlL  XXIL  11 

SlBT.  a.LL    H(nt4L  IV.  *«    rtlrkXpain.  i.     DifH.  XHTTL  A  K 
*  OtIA  a. a.  I.  U7      Ror.  8  I  I.  71     &a  In  Tm.  IV.  41.    Bniec.  it  haw.  vK.  ». 
e.  Ep.  CVUL  Auan.  Eplp.  14S.    Vtrj  unaU  Ptgiami  Mr*  WtM 


ixTTEn— BooK-Bonmra,  ftc.  515 

brana  nut,  )nt  in  quanii  alia  materia.  Sea  et  ri  fn  Pkilyra,  avt  THHa,  >>( 
rumnulli  eon/tcitmf,  aut  in  aliqao  corio,  idem  erit  dicendma,  Ulpian.  Digest 
XIXII.  52. 

£«((cr(.— Leilen  wen  f^merallr  'written  npoa  wRxed  tablets,  but  alto  npoo 
paper  and  parchment '  ffbea  ^hijaaliu  in  the  Baechid«a  of  Plantw  teUi 
I^Moolnni  to  fttch  ber  all  thing*  necestai;  for  writing  a  letter,  she  namt* 

Satun,  Cenm,  et  TsbellB^  et  Unam.— IV.  ir.  M. 

The  Cera  mentioned  here  is  Tor  sealing  the  etrlng  (£inum)  with  which  the 
tsbleta  were  tied  together ;  lad  when  the  wax  waa  thoa  applied,  it  wu  etamped 
with  tha  impreeeion  of  a  aignet-ring,  thie  operation  tmng  trained  Ohtignart. 
Thoi,  in  the  acene  abare  qnoted,  after  the  letter  ia  flniahod,  the  writer  exolaiina, 
Cedo  to  Own  so  Lfnmn  actntnm,  age  ObUoa,  Oaaioai,  cito. 

Henoe,  when  a  letter  waa  opened,  the  firet  operation  wu  to  destroy  the  leal — 
Uaignare — the  next  to  eat  the  string— Zinum  inddere  (Cie.  in  Cat.  III.  C.) 
Instead  of  wax,  a  iort  of  clay,  or  perhaps  gypsum,  called  Cretrda,  waa  in  oom- 
mon  use  (Cio.  in  Terr.  IV.  9.) 

Trantmittion  of  LelUrs.—S'nux  thftBoman  govanment  had  no  poet-oflSoe 
ertabliahment,  persona  of  amall  means  were  obliged  to  take  advantage  of  any 
opportimity  which  might  oconr  for  transmitting  their  letters,  white  the  rich  and 
the  SocielaUa  of  PubHeani  kept  i^;nlar  ooariara,  called  Tabtllarii,  for  the 

H*ak-BiM4ias,  l.ikFBries,  tct, — When  a  wo^  waa  completed,  the  difierent 
atripi  of  paper  or  parchment  on  wliioh  it  waa  written  were  glaed  to  each  other 
in  regular  order,  ao  as  to  form  one  long  sheet.  To  the  lower  extremity  a 
cylindrical  piece  of  wood  waa  attached,  loand  which  the  whole  waa  rolled,  and 
thns  a  Votumea  waa  formed.  The  two  drcular  ends  of  the  wooden  cylinder, 
the  only  portions  of  it  visible  when  the  MB.  waa  rolled  np,  were  termed  UmbiUci, 
and  henca  the  word  Umbilicwi  was  nsed  to  denote  the  cylinder  itaelf,  which  g*ra 
riae  to  the  phrase  Ad  umbilicam  adduixre,  signifying  to  bring  to  a  cOTKbaim. 
The  two  UmbiUci  were  sometima  decorated  with  colonrs,  (hence,  picli  untbiliei,) 
and  sometimea  two  knobs,  called  Corneui,  ware  attached  to  them.  The  rough 
ontuda  edgea  of  the  roll,  named  Fronta,  were  cut  even  and  smoothed  with 
pnmioe  atone,  {gtmiaae  poUantur  pumee  Fronla,)  the  back  of  the  roll  waa 
mhbed  over  with  oil  of  cedar,  (o^um  ea  Cedro,  YitraT-.  II.  9,)  which  waa 
belicred  to  poasess  the  property  of  preserying  it  from  the  attacks  of  motbi  and 
other  insects  (Uneae — BlaUat.)  An  outside  wrapper  (the  riTrifiti  of  the 
Greek:^)  dyed  of  aome  bright  colour,  yellow  or  pmple,  (Lutea  ud  tdvewn 
invoivat  membrana  libtiiam — Nee  fe  jnirTiiireo  relent  vaccinia  fuco,^  waa  then 
fitted  on,  and  secured  by  red  string!  (lora  rubra.')  Unally,  the  title  (/nde»— 
Tiltiiua — Si>^ufiat)  waa  written  in  soarlet  lettere(7Uii^  noteturminto — Irutix 
ntbeat  coeco)  on  thin  parchment,  [membranvia,)  and  attad)ed  to  one  of  the 
Umbilici  or  of  the  Comaa,  Befenmoe  will  be  fbond  at  the  bottom  of  the  page  - 
to  the  different  pasaagea  in  ancient  writen  from  which  the  above  acooimt  ua 
been  pieced  togethv.* 


ci(!.adPim.Tn.  lauiav.  HIS.   MutuixiT.  )i.  Dimt,  xxxm  Ik  s. 


DInrt,  ] 

iLXiLii.xiv.ti.pbnipp.ii.7L 

iCat^.  LI.  XXa    TIbalUIILllSL  Otid.  TrM.  L  Ts.  IlL  L  11.  K.F.  IV.  Hit  T.  Ber 

A.F. at Bro- >> u- *-  MuuiLi  n.ii»iiLiiv.Ri.T.4VLiavia.u.n.&«XL  ■■ 


.   ««.  M  AU.  tv.  t.  a. 


v-lc 


Ifhta  boob  wen  coDeeted  in  Libnriee,  thej  ««ra  deposited  in  pnaeea  or 
■hdvea  tenoed  Armaria  a.  ForuU  s.  Loculammta,  or  fignrmtivelj,  Nidi,  ud 
when  ctrried  about  from  place  to  place  were  packed  in  boxes  cslled  Scrinia  or 
G^uat}  The  material  mOBt  eetaemed  for  Ihe  conttnictiwt  of  tnch  repoutoriea 
WH  the  wood  c^  Ihe  ojpnn  tree,  which  wai  beliered  to  bt  more  doiable  than 
any  otbo',  and  to  poaaeeB  antiseptie  propeitiea — beuoe  tbe  exclamation  of  HtHwie, 
(A.  P.  381.) 


Pone  lineoda  cedio,  >t  levl  urraiida  capreaao. 

LtbrarU  ii  tbe  general  term  for  tbat  daaa  of  ilavei  who  wore  in  anr  war 
COmiMtad  with  tbe  book  or  writing  departmwt  in  an  estahliabmeut.  Hence 
thi*  name  ia  given  to  the  Tranacnbtxa  who  made  oopiea  of  works  for  their 
master'a  dm  or  Ibr  aale,  to  Secretaiiea  of  every  deacrip^on,  {Lihrarii  ab  epiato- 
Ju — ad  moRum — a  manu~^a  MtudSt,)  aa  tvell  as  to  those  ddmeatici  who  took 
durse  of  tbe  apartment  in  which  tbe  books  were  kept  (Servi  a  bibUotheea.' ) 

L&rariia  is  nged  also  to  denote  a  hookuUer,  for  these  persons,  when  in  a 
ata&ll  way  oftmsineas,  woold  copy  ont  with  their  own  bands  tbe  works  wbidi 
they  retailed.  The  name*  of  the  books  which  thej  bad  in  itock  were  affixed  to 
po«a  or  pillars  (Pi'Iae — Cobimnae)  in  firont  of  their  shops,  (  Tabemae  Librarian) 
and  hence  Horace  when  he  declares  tbat  lie  bad  no  wish  that  his  writings  ihonld 
be  hawked  about,  uses  tbe  expresdon  (3.  L  iv.  71) — Nulla  Tabtnia  meat 
iabtat  nejufi  Pila  lSKlb»~aaa  again,  b  aDusbn  to  t!)e  same  practice  (A.P. 
37S) — m^iecribuB  esiepotlit-^Non  homines,  nan  dl,  non  conctttert  CoU/m- 
nae.  Tbe  Argileiam  and  the  Vicm  Sandaliut  seem  to  have  been  the  chief 
quarters  of  booksellers  nnder  the  empire,  and  the  &me  of  the  Sosii  under 
Ang;ustns,  of  Donu  nnder  Nero,  and  of  Trsphoii  under  Domitian,  has  been 
preeerved  by  Horace,  Seneoa,  Hartial,  and  QnintiUan,' 

V.    HOCSES. 

He  arrangement  of  a  Soman  dwelling-house  {Domat — Aedaprivalae)  baa 
proved  a  tonroe  of  mbdi  embirrasament  to  scholars,  and  altbongh  strong  light 
bas  been  thrown  upon  the  various  subjects  of  discussion  by  the  extensive  exca- 
TBtiona  at  Herculaceum  and  Pompeii,  many  points  are  still  donbtful,  and  ample 
room  Is  still  left  for  oontroveny.  We  shall  mention  in  succession  tbe  eonstitnent 
parts  which  tieually  mad*  np  ihe  town  mansion  of  a  nun  of  fortune,  during  the 
first  century  of  the  empire,  and  endeavour  to  determine  their  relative  position  in 
the  plan  (A)  placed  at  the  end  of  the  volume,  which  represents  the  ground 
plan  of  one  of  the  largest  honsesat  Pompeii,  that  which  is  usually  distinguished 
as  tbe  Hotae  of  Paiaa.  It  most  be  home  in  mind  that  many  of  tbe  rooma 
there  represented  were  alti^ber  dispensed  with  in  dwellings  occupied  bj 
penona  of  small  means,  while,  on  the  other  hand,  the  most  ramptnons  edifioe  in 
a  small  provjnda)  town  aucb  as  Pompdi  was,  could  not  vie  eitbw  in  the  Doraber 

1  YltTov.  VU  PruC    nin  En.  II.  n.  BaoH.  im  Tnaaalll.  S.  Inv.  B.  UI.  119;    MsrtlaL 
L  t)a  VII  IT.    VopliB.  Tuili.  a 
s  On  bv«lcHlltrt.  wbo  *«r«  rrAqdabt1«dHlRiut«dbT  tbeOrHk  tvrm  Bib/iomoiat,a^  ttwtv 
0«IL  11   S.  V.t.  ZriL  so   XVIIL  4.     Bh  >1io  Cla.  it  Lh«.  Ill  90.    Pblllpp. 

-       VIL6    M»nlil.llklL  »  IV.  TJ.S 

MW  pabllcUlDni,  H*  Hutlll.  L  £7.  I II, 

'iZntf  da  Sctunum  Dmerlftln  fumm 
M  uiiH  utbor  on  PairpiAL    TInaa. 


517 

tK  tilt  tait  at  ill  ^Artmenti  with  th«  paUon  of  the  metropoliE.  The  two 
MMraei  from  which  we  deiiva  tho  greueit  Mnotmt  of  direct  infonnation,  an  the 
dzth  book  oT  VitrnTiot,  »nd  two  letten  of  tho  jonoger  Flinj  (II,  17.  T.  6.) 
The  fbnner,  however,  imitfuns  chiefly  architectnnl  pre«eptt  for  the  constnutioa 
of  ■  hooM,  the  different  portioni  of  which,  in  bo  nr  u  their  ueet  and  jnxta 
positioii  were  ctncemed,  were  familiar  to  hii  reader*,  while  in  the  Utter,  two 
VilUs  are  deioribed  which,  it  wonld  appear,  differed  materially  from  ordinaiy 
town  honaea.* 

luKlii.— Tfe  mnel  berin  bj  eiplsiniog  tbii  term,  which  bean  two  diatinct 
aignificationi.  It  origindlj  dnioled  a  maai  of  boilding,  couaiBting  of  one  or  of 
Hveral  honses,  anirODnded  on  all  udes  hj  street!  or  lanes,  and  thus  comp1etel}r 
detached  from  other  buildings.  Even  when  an/njula  cootained  onlj  one  rega- 
Jar  mansion,  there  were  frequently  shope  in  different  parts  of  the  groond  atoij, 
as  is  common  in  Roman  and  Keapolitan  palaces  in  modem  times.  Such  a  mass 
i^  building  was  frequently  raised  to  the  height  of  leveral  stories,  and  lud  out  in 
lod^png-honaes  for  the  accommodation  of  single  individual*,  or  of  small  lamiliea 
belonging  to  the  middle  or  lower  dastee,  these  indiTidnals  and  fiimiliee  living 
completely  apart,  hut  still  under  the  same  roof,  aa  takes  place  m  the  Flati  of  a 
Scotch  Land,  or  the  Etaga  of  a  French  HoUi.  Hence  Iiuala  is  employed  to 
denote  a  single  lodging-house,  or  set  of  apartments,  and  the  person  employed 
by  the  propnetor  to  exmcisa  a  general  snperintendence  over  the  whole  of  the 
separate  latidat,  which  were  included  in  the  large  Iruula,  waa  named  Inm- 
lariui,  hie  duties  being  probably  analogooa  to  those  of  a  Conderga  in  French 
establish mcnta  of  a  similar  nature.  Tbe  mass  of  building  represented  in  the 
piui  (A)  at  the  end  of  the  volome  is  an  Insula  in  the  first  sense,  containing  not 
only  the  mansion,  called  the  Hoiae  of  Paiua,  bnt  also  a  nnmber  of  uiopa 
mwhed  (x),  and  four  small  lodgings  marked  (i),  none  of  which  had  any  com- 
munication with  the  HonsB  of  Pansa,  and  would  thus  be  termed  Intalat  in  the 

TaMikalMB.  Am. — The  door  of  the  house  was  frequently  thrown  back  to 
a  oonsiderable  distance  from  the  street,  and  «■  open  space  was  left  in  front, 
which  was  sometimea  planted  with  trees,  and  was  large  enough  to  admit  of  a 
portico  on  each  side,  ornamented  with  triumphal  chariots,  atatoea,  and  other 
works  of  art.  Hie  open  space  was  termed  Area,  and  this,  together  with  the 
colonnades,  seats,  &&,  constituted  the  Vatibidum,  which,  it  must  be  under- 
stood,  was  altogether  on  the  exterior  of  the  mansioD.  The  houses  in  Fompedi 
have  no  Fetltbuiuni,  bnt  open  npcn  the  itreet,  aa  in  the  case  of  that  reptesented 
in  (A.) 

«Mina,  ■■■■■,  were  the  names  given  to  the  pnnoipal  entrance,  tbe  door  by 
which  it  was  dosed  being  usually  tbiding,  as  indicated  by  the  plural  words 
Vaimit  and  Fotu,  the  latter,  however,  is  used  also  in  the  siogular  Forts.  The 
door  was  generally  left  open  during  the  day,  but  a  Porter — lanitor — Oitiarua — 
kept  watch  in  aamall  lodge  or  box,  (CeUa oitiartf,)  observug  allvrhopaaaed  in 

PrMhrrBHi. — A  paaaage  or  amall  entrance  hall  leading  from  tbe  outer  door 
to  tbe  interior  of  tbe  bouse. 

Airlmmt. — This,  for  a  long  period,  was  the  most  important  apartment  in  a 
Roman  house.  It  was  generally  more  spadoos  than  any  other,  and  eiisied  in 
■ome  alu^  in  every  mansion,  great  or  amall,  from  the  earliest  down  to  the 

I  TIIrsT.  I.  S.  IL  a  Pinl  IHu.  t-t.  IwUat  f.  111.  Cla  pro  C<mL  T.  mt  AU.  XIV.  0.  XV. 
I..    Twit  Ann.  XV.  U    BMt;  Kn.  St.    B«i«.  il«  In.  lU  W 


.618 

Utett  timei.  It  wai  alirajB  placed  oppuite  to  the  prineipil  eatzBiioe,  tnd  inM, 
in  the  gieM  m^oritj  of  ca«es,  lighted  bv  an  ipertiire  in  the  coUn  of  the  oeil- 
ing,  open  to  the  ikj,  which  vm  oaUed  imphiHum,  beotnie  the  Burronnduig  niof 
eloped  tonards  it  m  as  to  oondnct  the  ruin  doim  into  a  reeerfoir  called  Com' 
pMnum,  formed  in  the  pavenent  below  for  it«  reoeption.  The  Atrium  wm  ori- 
ginallj  the  public  rooni,  open  to  all  memben  of  the  fiunilj,  to  friends,  ind  to 
visitora.  In  the  middle  vat  placed  the  fire-place  of  the  liouM,  (Fucvt,)  whtse 
all  culinary  operatians  were  conducted,  the  amoke  escapiag  through  the  Tmplu- 
want  above;  beside  theFoeiua  small  altar  was  erected,  uptai  which  wereplaced 
the  offerings  to  the  domestic  Gods,  the  Lares  and  Penates,  who  occupied  niches 
bard  by,  and  the  Fociu  being  the  spot  farthest  removed  from  the  exterior  of  the 
maiuioa,  the  space  which  il  occupied  was  sometimes  termed  Penetralia  or  Foci 
PenelraUt.  bi  the  Atrium  stood  the  marriage  couch  (Lecha  gcnialit)  imDW' 
diately  opposite  to  the  door,  and  hence  it  was  sometimes  dlstingiiiabed  as  I^etiu 
adversuij  here,  too,  all  the  members  of  the  household  shared  the  common  rqiast ; 
here  Mood  the  looms;  here  the  tni^trese  plied  her  labonrt  gnrronnded  br  her 
maidens ;  here  the  master  received  his  viutors ;  here,  when  a  death  occuired,  the 
corpse  was  laid  out  previous  to  the  fimeral,  with  feet  towards  the  outer  door;  and 
here  were  arranged  the  waxen  images  of  illustrious  ancestors  in  which  the 
Nobila  (p.  94)  tocA  such  pride.  This  description  must  be  understood  to  applj, 
in  so  Gu*  ai  persons  belonging  to  the  higher  ranks  were  concemed,  to  the  primi- 
tive ages  only,  when  the  Atrium  was  the  sole  public  apartment.  In  process  of 
time,  separate  rooms  for  cooking,  for  banqueting,  and  for  carrying  on  ordinary 
domesdc  toils  were  comtrticted,  a  private  chapel  was  provided  hi  die  Gods,  and 
in  the  houses  of  the  great  the  Alrium  was  set  apart  for  the  teeeption  of  cUents, 
and  of  those  who  sought  asustance  from,  at  deared  to  testify  their  reapeot  £11, 
the  lord  of  the  mansion. 

CavBcdiHB. — As  houses  became  mote  spadons  and  the  dimensions  of  the 
Atrium  were  increased,  it  became  neceasaiy  to  support  the  roof  with  pillars,  one 
being  placed  at  each  oomer  of  the  Jmpluvium.  In  process  of  time  a  room  was 
(band  to  possess  many  advantages  in  point  of  coohiess  and  ventilation  in  whicJi 
the  aperture  was  made  larger  than  was  absolately  required  for  the  admisuoD  of 
ligbt,  more  pillars  wett  in  this  case  required  for  the  support  of  the  beams,  and 
a  small  open  court  was  then  formed  below  the  Impluvium,  surrounded  by  a 
oolonnade.     An  apartment  formed  upon  this  plan  was  termed  a  Cavaedinm. 

JPsrlHTllHB.— When  the  size  of  this  court  was  considerably  enlarged,  so  as 
to  leave  merely  covered  cloistsii  between  the  pillars  of  the  colonnade  and  the 
walls,  the  court  and  cloisters  were  termed  PerislyUuin. 

Houses  on  a  great  scale  had  an  Atrium,  a  Cavaedium,  and  a  PeriittjliMm, 
all  spacious,  but  accaaonally  tlw  Alrium  was  contracted  to  a  mere  ante-cham- 
ber, uid  the  Cavaedium  beeame  the  great  reception  hall.  When  this  waa  the 
ease,  the  Atrium  was  sometimes  roofed  over  completely  (^Atrium  tatndinatum) 
ncBiving  light  fkim  the  Caeatdium  on  one  side,  and  fi-om  the  outer  door  on  the 
other. 

It  is  clear  that  it  must  have  been  difficult  to  determine  the  exact  point  at 
which  an  Atrium  passed  into  a  Cavaedium,  and  a  Cavaedium  into  a  PerUty- 
Uam,  and  it  is  not  surprising  that  the  expressions  employed  by  andent  writers 
in  rderence  to  these  matlen  should  be  oocasionally  ambiguous.  It  is  quite 
Bnoeeessary  to  eoterupon  the  details  of  the  controversy  maintaioed  by  those  upon 
the  one  band,  who  mauitain  that  Atrium  and  Cavaedium  are  absolutely  syno- 
nynoos,  or  at  all  evects,  that  the  Cavaedium  was  merely  the  small  court  in  At 


DWlLLna-HOVBES.  GI9 

MDtre  oflhe  Alrium,  ind  by  thoM  who  IcaiEt  that  then  words  aJtrajrt  repreMnt 
q>utmeDts  eatinlj  dittinot  It  ii  enoufh  to  bear  in  mind  ibti  the  ^tn'un  wm 
amer  dupented  with,  that  neither  Ibe  Caaaedium  nor  thg  Perittj/Uuti 
wnntial,  ud  that  when  we  find  one  oalj  it  may  be  diffloolt  to  daiem 
which  of  the  classes  it  properlj  belongs.  Then  in  the  boose  A  we  have  tbe 
Atrium  distinctly  marked,  but  we  maj  besilate,  whalher  the  conrt  behind  marked 
9,  oogbt  to  be  regarded  as  &  Cavaedium  or  a  Ptrulyliam.' 

TmUlmmmi.  AIiib. — Tbe  Atriam  at  its  lower  eod  was  dirided  into  three 
tqmrtmente  open  in  front ;  tho  largest,  that  ia  tbe  centre,  was  tbe  TabUnum, 
and  the  two  smaller,  on  eaeh  ude,  were  the  Alae.  Here  were  depoaited  tbe 
genealc^cal  reoords  and  arcbivea,  and  all  documents  commemorating  the  exploits 
which  had  been  performed  or  connected  with  the  high  offices  wbiob  bad  been 
Oiled  bj  memben  of  tbe  &inil7. 

Paaea  was  the  general  name  for  narrosr  passages  leadbg  firom  one  portion 
of  tbe  hoBM  to  another,  and  of  these  there  was  geneialtj  one  on  each  aide  of 
the  TabUnum. 

The  Tablitium  with  ita  Alae  served  to  separate  tha  pnblio  Irom  the  prirale 
iqwrtments;  and  hence  when  there  was  both  an  Atrium  and  a  Cavaatiam. 
the  TabUnum  wonld  be  placed  at  the  bottom  of  the  Cavaedium. 

Trlcllala,  dming  rooms.  When  there  were  sereral  of  these,  Ihej'  varied  in 
BM  acoordbg  to  tbe  number  of  gaesuwbidi  they  were  de«gned  to  contain,  and 
were  built  so  as  to  offer  different  eipoinres  iiiiied  to  the  different  aeaaona  of  the 

Cablcula  a.  Danliorla,  bed-rooms.     These  also  were  manged  so  as  to 

snit  the  seasons.  Some  had  an  antechamber  or  dressiog- room  attached,  called 
Proeoeton,  (x-foMirili,)  in  others,  the  bed  was  placed  in  a  reoees  or  aloova 
tenned  Zolheea, 

ObcL — This  is  a  general  t«rm  for  Salootu,  which  might  be  used  as  dining- 
rooms,  as  private  sittmg  rooms  for  females,  or  for  an^  other  porpoae.  They 
reouved  dinerent  appellations  according  to  their  form  and  arcbitectoral  decora- 
tions. Thns  an  Oteiu  wbicb  was  eqnan  and  ornamented  with  fbor  )nllare,  wae 
named  TelroMtylia,  otberi  were  <^ed  Coriniliii,  Cyaceni,  AtgyptU,  Sto., 
acooidlng  to  tbe  style  in  which  they  were  constracted  and  fitted  ap. 

Bxc^raa  were  convenalicn  rooms,  ( parlours,)  furnished  with  leata,  whioh 
were  fiwinently  placed  in  semidrculsr  recesses  (HemicycUa.) 

In  manj  oases  the  nsme  alone  sufBciently  icdlcales  the  purpose  for  whioh  the 
■partDieut  was  designed.  To  this  class  belong  the  BibUotheca,  (library,)  tho 
Pinacolheca,  (picture- gallery,)  the  Larariam,  (chapel,)  tbe  CuUna,  (kiteben,^ 
witli  its  Latrina  (scullery)  attached,  the  Piilrinum,  (bake-boBse,)  CtUa  Pent^ 
aria,  (itore-room, )  C^la  Vinaria.,  (wine-cellar,)  and  many  others. 

The  cnt  marked  B  represents  one  of  die  numerous  attempts  to  lay  down  the 
plan  of  a  Koman  house  according  te  the  deeoription  of  Vitmvias.  Many  of  the 
airangements,  as  here  represented,  are,  however,  very  donbtfut,  and  the  space 
nhicb  is  maiked  as  a  Vudimbtn  ooght  M  be  designated  as  a  Prothyram, 

I  Th(  jnHHti  ehlrllf  nIM  npen  br  tboH  vbo  entcrtalp  cnnfltottni  dpIdIoiu  with  r»- 

Sai  tn  lli«  relMlsn  betnn  u  Jlrium  null  m  C-mfinim  lor  C«u>  orMiin,  h  II  liiomc- 
Bia  urnwl.)  wB—Vmrn  L.L.  V.  ]  l«l.    Vltnir  VI.  3.  Mia.     QnlstU.  L  a  tl.  1  I  w. 

vtt|,  .Xo.  n.  tea   Fiin.  uvp.  n.  IT.  fiIb.  an.  xiv.  i,  PuaDHs,  sv.  jmh  t>- rs 


^oiizodbyGoogle 


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


BEnCRBMCIS. 


REFERENCES  TO   CHAPTER  XIV. 


Private  Life  of  the  Romans  —Becker,  OaUtu,  cd«r  lUmimAe  Seenen, 
trtuslated  by  Metcaire,  3rd  ed.,  London,  Loogmaju,  Oreen  &  Co,  1S6Q. 
Friedkender,  SitUfgeachKlUt  Roma.  Marquwdt,  Da»  PrvMMtea  dtr  Burner 
(la  appendix  to  the  Handbitchderr.  AUrrihUTner,  von  UommBen-Marquaidt), 
Isb  oi.,  Leipzig,  1879,  2iid  ed.,  revircd  by  Mau,  1886. 

Infantiy.  Education.— Marqoardt,  PriwUlAen.  Drltt«r  Abwhnitt, 
I>it  Kimitr  und  die  Srxiehung,  p.  81.  On  the  gre&t  Bdacatioaal  E«Ubli«l>- 
ment  of  Home  {Paedagogiam  ■paeromm  a  Capiit  a/ricae),  aee  SmuU.  Intt., 
1882,  p.  191. 


Funeral  Rites.— Becker,  Oalltu,  pp.  142  and  605  (the  grant,  the  fturioO. 
Marquardt,  l>ai  PrivatUbea  dtr  Sihner,  vol.  I.  p.  330,  Leipcg,  1869; 
Achter  Abachnitt,  Da»  Btgrdbnise.  Bartoli,  OH  atitithi  itpoleri  mrvav 
ittaoMiUi  romani  td  tlrutcki,  Roma,  176S.  Corpua  liacript.  LaL,  vol.  VL 
pan  U.  IlL  IV.  V.  Loncisni,  Pagan  and  Chrittian  Somt,  Boeton,  1S03, 
chaps.  IV.  and  VI. 

Modes  of  Heasurln^f  Tlme.^Marquardt-Mau,  Privatleben,  voL  II. 
p.  788 ;  Die  UecUaiiiker  and  namentlich  die  Uhrmadier.  Becker,  Oalbia, 
p.  Z\5  {Iht  elocka). 


Baths.— Bacci,  De  thtrmin,  Boma,  15S8.  Palladio  (Cameron),  The  BaOa 
1(f  tilt  Bomam  explained  and  iUnttralrd  trifA  the  TtiUrraiiuiu  qf  PaUadio, 
London,.  1TT2.  Blooet  Abol,  Settauration  da  Thermei  de  Garaa^Ot  Paii^ 
1835.     Berker,  GaWu*.  t    "~     '      ""    '         ~     "  '   '"  " 

Boma,  1848-1860,  voL  I 

Food.— Marquardt-Mao,  PrieaiUben,  v.  H.  p.  414;  dit  Nahmtig. 

Wines,— Oorpu*  Inter.  Latin,,  vol.  IV.  (InacriptionB  on  Pompeiaii 
amphorae),  Dressel,  Di  vn  grande  depotito  di  aa/ore  del  Cattro  prttOTto  n> 
Btdl.  com.,  1879.  Marquardt,  Priiatait.  v.  IL  p.  64.  See  tlao, 
althougb  antiquated;  Barry,  Observaliom  on  tke  Wtnei  of  Oie  Awiaat, 
London,  1775.  Uenderaon,  Hitlory  o/Aneienl  and  Modern  Winet,  Lmidoa, 
1824. 

Games  of  Chanee.— Becker,  Oalltu,  p.  496  {the  ehaplOt  and  gamee — 
the  tocial  gamtf).  Ficoroni,  /  tali  ed  altri  itnitnenti  laiori  degli  antiehi, 
Roma,  1784.     Heydsmaim,  Die  KnOdielepieitrin  im  pidaao  CMowm  m  £om. 


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


ItEFERBKCES.  623 

Becker-Uarqnardt,  PrivaltAerlhum,  II.  ed.  p.  416.  Becq  de  Pouqvidrea, 
La  ieax  da  ancima.  Friedlaender,  Sittengiichichte,  I.  p.  376.  Loralelli, 
Aiuidii  numumenti  Hiuttrati,  Rome,  1S89,  p.  165.  Jockaon  in  PhUei. 
Journal,  VIL  236. 

Music  and  Husioal  Instnunents— Gevoert.  Hialoire  et  thedrU  de  la 
mtieique  dant  I'antiguilt,  Okad,  187S-1SS1.  Helmboltz,  Die  Lthre  von  den 
Tonempfindimgen,  %  13,  14.  Aod  oa  tiiere  is  no  trace  of  &  diattnction 
between  Greek  tmi  Roman  DiuBic,  compare — Fortloge,  £>ai  mmikalisehe 
Syttem  der  Orieehtn,  Leipiig,  1S47.  Woetphal,  DU  itueik  da  grUehUditn 
AUerlhunu,  Leipzig,  1SS3. 


Wrtttng  Materials,  Books,  Libraries —Becker,  Oallaa,  pp.  324  and 
334  {Boott  and  BookKtleri).  Conze,  Die  PcrgameniKiie  Bibtiolhek,  in  Akad. 
da  WiuentcK.  Berlin.  Dec  IStli,  I8S4.  C>atellani,  DeUe  BUUioltcJie  wlV 
antiehUa,  Bologna,  1884.  De  Rosiii,  La  BSilioteea  delia  ledt  apo^alica,  id 
i  eaUdoghi  da  luoi  manoierilli,  Roma,  1884 ;  De  origine  hialoria  indidbu9 
larinii  et  BMiolhecae  tedit  apoilolkae,  Koma,  ISS8.  Luiciani.  A  neieni  Rome, 
ch.  VII.  p.  Vl^  {T)ui pubUe  Libraritt  <if  aiKieat  andjntdkeml  Some). 

HoDS6S.~-MazoiB,  Le  paiain  de  Seaaml,  Faria,  1823.  Becker,  QaUai, 
H.  p.  S13,  aqq.  MaraiiBTdt,  iJai  PrieaUeben  der  Bdraer,  vol.  I.,  Leipzig, 
ItJTO;  Seclutei  AbBchuitt,  Dtu  Baus,  p.  209  (Qnellen).  FriedlaecdEr, 
SUUngetcliichlt,  voL  I.  p.  26.  FeTenuon,  Siitory  of  ArehiUetiLre,  yoL  I.  p. 
363.  Znmpt,  TJtha-  die  bauXiehe  EinriclMLng  da  JiAn.  TCoAnAauies,  Berlin, 
1844.  De  Marchi,  Rictrclir  inlorno  aile  inaidae  o  com  a  pigiene  di  Boma 
antica,  Hilauo,  1891  (a  moat  meful  work). 


3,a,l,zt!dl,vG00gIe 


CHAPTEB  XV. 


AGBICDLTURE.' 


The  Bomatu  daring  tbe  brightett  period  of  thetr  hiitory  wen  puaicmatelj 
devotEd  to  agrimltnre  snd  the  pnnaiti  ot  a  rural  life.  For  manj  ceDinriea  war 
and  tli«  cuUivAiioD  of  the  eoil  were  regarded  aa  Ihe  onl/  occapationi  bcGlting  s 
ftee-bom  citizen.  Nameroiu  Irealiaes  npon  fanning  in  general  and  the  various 
branohea  of  the  art  were  pnbliehed  from  time  to  timci  and  of  these  a  fen  hara 
deeceaded  W  ne.  The  most  important  ii  that  entitled  De  Rt  Riutica  Libri 
III.,  bj  the  celebrated  M.  Terentiua  Yairo,  the  contemporary  of  Cicero ;  w* 
have  alio  a  longer  and  more  elaborate,  bnt  less  ori|pDal  priMliiction  hy  H.  laniu* 
Columella,  who  probably  flourished  under  the  Emperor  Claodine ;  a  compilattoa 
in  the  fbnn  of  a  Fanner't  Kalendnr  by  Pallndiiui  Rnliliui  Taunu  Xmiljaana, 
a  writer  of  uncertain  date  and  donbtful  authority;  and  a  coltection  of  shrewd 
maxims  on  various  topics  connected  with  the  management  of  a  farm  and 
domestic  economy  by  M.  Forciui  Cato,  the  Censor.  These  four,  together  with 
a  manual,  De  Arte  Velerirtaria,  by  a  certain  Vegetius  Renatns,  havs  beuQ 
&equently  published  together  under  the  title  Scriptoru  Rei  Rtaticae  Vetera 
Ladni.  In  addition,  two  bouke  of  tlie  Nalurolix  HUloria  of  Pliny,  the  XVII. 
and  XVIII.,  are  chiefly  occupied  by  tnatten  connected  with  agriculture,  and 
Firgil  hu  clioeen  this  for  the  theme  of  the  most  perfect  and  charming  didactio 

DItUIvh*  Af  Ike  Ma^eci — Reg  Riistica,  to  which  Agricallura  ia  frequeDtlj 

employed  as  equivalent,  may  be  liiscusaed  under  two  heads.' 

I.  AgricHlianM  in  the  proper  Sense  of  the  word,  viz.,  the  tillage  of  the  ground. 

II.  Fmaito,  the  management  of  lire  Block. 

Again,  AcricHliat*,  in  this  its  proper  sense,  may  be  subdivided  into— 

1.  Agricallura,  in  a  more  restricted  sense;  comprehending  the  art  nf  raisintr 
the  cereal  griMes ;  leguminous  plants ;  vegetables  cultivated  for  tlieir  fibre,  sno  i 
as  flai ;  for  their  oil,  such  as  poppies ;  or  for  fodder,  such  as  Inceme. 

2.  CuUm  Arborum,  arboriculture ;  comprehending  the  mtuiagemeut  of  tre^ 
ID  general,  bnt  principally  fruit  trees,  and  especially  the  vine  and  the  olive. 

3.  CuUut  Horlorum,  gardening;  comprehending  the  rearing  of  flowera,  pot 
herbs  (pUra),  and  small  Ihiits. 

imm  mk,  TUt  /TiobmAv  y  M<  Anetant, 

— „ — n.  Id  EuI  LMhlm,  tmrHfiti  liis  e)ow  al  tbs 

oolnlKe  und  tjperiEnw  ■■  >  pmctHsl  f«njier.    I  waaM  btg  ro 
■w  ui  ui«  Miui'io  nu.itiTLioB*.  OtiA.  VKDii,  c(KiIrll»t«l  by  ms  to  ths  AiHwaarr  mf 

ii  subject  VOL  t«  bund  In  Tula.  87  and  104  i>ftb*l]iinr(er'|r«rH»i.  iliinrTiliuii|,mwi^ 
ue  conlKlued  in  tba  tuIdiu  commwitulM  on  tba  Ofurila^  wpediUf  In  Uhm  oI  Mu^a, 
n  VuTS  a  B.  L  & 

DolizodbyGoOgle 


8o  *1k>,  PaMI*  ma;  be  inbdiTided  iDto  — 

1.  Poitio  Agratit  i.  lUs  Pecuaria.  comprebending  the  larger  and  more 
important  domeatic  animili,  such  *a  iheep,  oxen,  honei,  &o. 

2.  Pastio  ViUatica,  comprehending  the  vaaller  and  len  important  animab, 
•Dch  as  poultry,  bees,  Qib,  &c. 

TbeM  are  the  diviMon*  of  the  subject  whiob  form  the  groandwork  of  the 
Georgici:  the  fiiet  book  ii  deToied  to  affricultara  in  the  restricted  lenee — 


The  aeoond  to  the  CuUui  Arborum — 


Ibe  third  to  Piulio  Agratit- 


The  fbnrth  to  that  particular  department  of  Paaiio  Fi'Ilafica,  which  aeemed  to 
affotd  the  greatest  icope  for  poetical  ornament,  vii,,  the  habit*  and  treatment 
«fbee«~ 

apbss  qnanta  experiniti*  pardb 

And  in  the  aame  book  there  are  a  few  exquisite  line*  in  whiob  (llG-148) 
Timl  extnues  himeeirfor  not  entering  at  length  on  the  CuUiii  Hortorum. 

Folloning  the  example  of  ibe  great  poet,  we  shall  make  a  fenr  remark*  on 
«aeb  of  the  divisions  enumerated  above,  with  the  eicep^on  of  gardening,  the 
detail*  belonging  to  that  pursait  bebg  somewhat  minnte  and  not  frequently 
aUnded  to  by  the  elanieal  writen, 

I.   AOUCULTUBS. 

DiriaiaHa  ut  A|ricBltinii^ — Tarro  *  treat*  of  agrievitwra  proper  under  fbnr 
great  head*. 

1.  Cognitio  Pmtdi,  the  natoral  litnation  of  the  farm,  the  soil,  and  the  climate. 

2.  JHslrumenla,  the  pen«u,  animals,  and  tool*  leqniute  for  ibe  oultiralion 
of  the  hna. 

3.  ifu  qmbut  ana  eobaitw,  the  varions  operatkni*  to  be  perfbrmed,  and 
the  orop*  which  form  the  object  of  these  operations. 

4.  Temporat  the  eeasoo*  at  which  the  Taiion*  operatioDS  onght  to  b« 
pei£irmed. 

1,   Cognilio  Fwidx, 
This  may  be  treated  of  under  nine  head*. 
'\.\  Forma  fundi  naturalit.     (2.)   Tmrae  natara.     ^,)  Mbdiu  agri. 


(1.)  Forma  fundi  naturalu.  (2.)  Tsrrae  natara.  (! 
(4.)  be  jinibiu  titendii.  (S.)  Si  rtgio  infata.  (6.)  Sin 
vIoneL     (7.)   Fecfuroe.     (8.)  CtUttiraetnalvrajiimlonaii 

lanM 

,l,z<,i:,.,G00glf 


rtgio  infulii.    (6.)  Si  tnvecttit  tt  aveetv* 
ilfiira  «t  natura^aidi 

(1.)  Forma  fundi  mttitraUt,  the  natnial  aspect  and  at 


526  AOKICDLTIIMB. 

(2.)  Terrae  nalura,  the  qnality  tf  th«  wnL     TtwM  two  headi 
by  VirgU  ia  tbe  linn  (G.  I.  50)— 

At  ptiua  '.^atam  faro  qaun  idndimiu  aeqaor, 

Vent™  et  vuinm  ooeli  praediBoerB  morem 

Cura  lit,  so  pstrios  cultni  tubitna^us  louaniiii 

Et  quid  qnaiiqQB  fent  ng^  Bt  qmd  qoMqu  neaaet. 

While  ID  Bk.  II.  177,  he  enten  mora  at  Urge  into  tbe  characteiutios  of  di 
Koila,  sod  gives  rules  for  diitiDgniihing  them, — 


Soils  were  oluaiSed  acoording  to  their  productive  powere,  thdr  ooiuiitenoj,  thdr 
chief  con Btiluents,  their  colour,  and  even  their  taate.  Thus  we  God  land  Bpoken 
of  Bi — 1.  Pinguis  (rich);  2.  Macro — leiaiia  (poor);  3.  Puirii — Solula 
(free);  4,  Spiisa — Dttua  (stiff);  5.  Humida — UUgiitota  (wet,  awampj); 
e.  Sicca  (dry);  7.  Arffittoaa  (Clayey);  8.  Lapi'lota  (slonj-);  9.  Glartota 
(gravelly);  10.  Arenosa  (sandy);  11.  Paila— Nigra  (black);  12.  Cretosa 
(white);  13.  Riibricota  (red);  14.  Saba  (salt);  15.  Amara  (bitter);  aad 
many  others.' 

(3.)  ModuM  agri,  the  meuareinent  of  land  and  the  considnationa  wbich 
regulated  the  size  of  a  fsnn.  It  ia  sufficient  here  to  state  that  tbe  land  measure 
in  common  use  among  the  Romans  was  the  lugentm,  which  was  leas  than  tivo- 
third*  and  more  than  tbree-EIlha  of  an  imperial  acre.' 

(4.)  Dejinibia  tuendi$,  L  e.,  fences  (lepcs,  npla,  $epimmla').  The  fences 
in  ordinaiy  ose  were — a.  Sepimentum  naturale,  the  quickset  hedge ;  b. 
Sepirnentum  agrate,  the  wooden  paling ;  c.  Sepimenlum  militare,  consiiting 
of  a  ditch  (Jbtta')  crowned  witb  a  bank  (agger^  fbrmed  of  the  earth  thrown 
ont ;  d.  Sepimeniam  Jabrile,  a  stone  or  brick  wall,  witli  or  witbout  oement.' 

(6.)  Si  regio  iiifata,  the  state  of  thesarrounding  country  in  so ftr  as  security 
of  property  was  ooncemed,  an  inquiiy  by  no  means  unneoessaiy,  for  a  district 
might  be  infested  with  robbers  or  aiposed  to  the  predatory  incui«ion«  of  hostile 
tribes.* 

(6.)  Si  Invectiu  et  Aveetas  idonei,  that  ia,  if  there  were  &ciliCieB  for  purehaa- 
ing  neeessariea  and  fw  disposing  of  the  products  c£  the  farm — good  markets  U 
hand  tea  buyiog  and  selling.' 

(7.)  Veclurae,  tbe  acceseibility  oF  the  farm ;  whether  there  were  practicable 
roads  or  navigable  atreanu.' 

(3.)  Cultura  et  Natura /laidomm  amfinium. 

A  certain  influence  was  exeroiaed  npon  the  value  of  a  faim  by  tbe  mode  of 
cnllivation  adopted  in  and  the  natural  character  of  the  lands  adjacent.' 

(9.)  Villa  et  Slabula,  tbe  last  and  one  of  the  most  important  topios  belonging 
to  the  Cognitio  Fundi,  was  the  oonsideration  of  the  farm  buildings,  tbe  dwelling- 
boose,  and  officii.' 

Tbe  general  term  aom[»thendiDg  the  whole  of  tbe  tarm  buildings  was  Villa, 
and  the  struotnni  might  be  disouiaed  under  three  heads — a.  Villa  Urbana;  b. 
Villa  Ruidca;  c.  Villa  Jructmria. 

a.  Villa  Urbana. — This  comprehended  that  portion  of  the  boildinp  oooipiad 

'  Vinoll.  R. I.  T.  a 8i  >Tunil{.KI,1S. 

•  Vutn  R.  R.  L  ID.  IL  Cito  H.  8.  a.  ■  Vum  a  B,  L  IS. 

iS*™  5- ■■  t- ^*-  'VUTORE.I.U. 

•Tin«B.K.I.I&  •VvroB.&Lll.ia.ll.    CnfaiM.  &.  ■■  I.  •■ 


AGBicuLnntb  527 

b7  the  proprietor.  The  extent  and  Ihe  deconliODs  dq>ended  pntirclj  oa  hb 
ta«le  and  Lii  Tnetuii,  and  might  embrace  an^tliing  between  tbe  aimple  oottago 
of  primitive  times  :^d  tbe  tamptDoaa  palaces  of  tbe  weallbj  in  tbe  age  of 
Angnatoa. 

b.  ViUa  Rialiea. — This  oomprebended  that  portion  of  the  building  Intended 
tor  the  ftcccmmodation  of  the  Familia  of  slsve  Uboorcra,  and  of  the  domettio 
animals.  Tbe  apaitmonts  easeotial  for  the  familia  were — 1.  Ckiina,  a 
apaciona  kitahen  where  the  food  of  tbe  eetablisboient  was  oooked  and  eatea ;  3. 
Cettae,  sleeping  closets  for  the  Servi  Soluti  (see  p.  127J  and  rooms  for  the 
VUHcut  and  the  Procurator,'  3.  Ergaslulum,  a  sort  of  prison,  frequently 
nnder  gninod,  where  the  Sent  Vineli  (see  p.  127)  were  conGned  when  wiibia 
doora.  The  buildings  for  tbe  domestio  animals  were  included  nnder  the  general 
term  Siabuia,  whiob  oomprebended  Bubilia  (bjres),  Ovilia  (sheep  bnts), 
EquiHa  (stables),  Harae  (pig  stjes),  and  others. 

c.  YHia  Jructuaria. — This  comprehended  that  portion  of  tbe  baildings  in- 
tended for  storing  or  preparing  tbe  different  prodocts  of  the  farm.  Snob  were 
tbe  CtUa  Vinaria  (wine  cellar),  Celia  Olearia  (oil  cellar),  CtUa  Toreularia 
(preas  room),  Granaria  (graaaries),  Faenilia  (bay  lofls),  Pakaria  (chaff 
honsee),  betides  a  number  of  apartments  for  objects  which  required  to  be  bept 
dry,  induded  under  the  general  terms  Honea  and  Apothecae. 

\£  tbe  farm  wae  of  considerable  extent  the  buildings  were  nnially  arranged 
round  two  conrts  (carta),  and  in  the  centre  of  each  of  these  was  a  large  tank 
(piJcino). 

Either  within  the  enclosures  of  tbe  farm  buildings,  or  immediately  adjoining, 
were  erected  a  oiiH  (pistn'num),  and  a  bake-house  (/arnum);  the  threshing 
floor  (area),  to  be  more  particularly  described  below,  was  formed,  if  possible, 
witbin  sight  of  the  windows,  and  alongside  of  it  was  a  huge  covered  sbed  caUed 
Nubilariuntf  capable  of  cout»oing  the  whole  grain  crop, 

S,  Inslrumenla. 

The  insfrumenta  of  a  turn  were  divided  into  three  elasaea — (1-)  Geniu 
Yoeale.     (2.)  Gtmu  Semivocale,     (S.)  Gaiut  Mulum.^ 

(1.)  Gana  Vocale.,  i.e.,  the  human  beings  employed.  These  might  be — 
a.  Liieri  Coioni;  b.  Mercenarii;  c.  Semi, 

a.  Liberi  Coioni,  small  proprietors  who  cnllivated  tbiir  own  lands  with  tbeir 
own  hands,  and  with  the  avj  of  their  families. 

b.  Mercenarii,  free  hired  labourers.  These  were  but  little  employed  except  in 
the  greatoperatiom  of  haymaking  (/(lenuiciuin),  the  com  barvest  (muiu),  and 
tbe  vintage  (yindemia),  when  a  number  of  oitra  hands  were  required  for  a 
limited  period. 

Hie  r^ular  work  of  a  lai^  farm  was  perlbnned  almost  eicloaively  by — 
0.  Semi,  slaves,  forming  tbe  J^amiJia  ButtUa.  The  Familia  Suitica  was, 
■a  we  have  seen  above  (p.l27), separated  mto  two  divisions — I.  Servi  Soluti, 
who  were  not  subjected  to  any  personal  restraint,  and  2.  Servi  Vincti,  wbo 
worked  in  tetters  (compede  vincli)  when  abroad,  and  wbo,  when  within  dooia, 
were  shot  i^>  in  a  sort  of  prison  called  Ergattulum. 

Tbe  slavcB  on  a  fann  were  also  divided  into  gangs,  according  to  tbe  particular 
duties  which  they  were  required  to  perform,  and  in  large  establishments  the  sub- 
division  of  labour  was  pushed  very  far.  Thus  there  were  Bubuki  (ox  drivers), 
./UuMTH  (aM  diivera),  ArmaUarii  (neat  herds),  Opitionet  (slw^erda).  Cap- 

>Vuro&.B.Llt  ,  -  I 


rant  (goat  berda).  Bubulci  (mine  herdi),  Vinitortt  (tum  diMMn),  OptrarH 
(ordinatj  Uboorera),  aad  veiy  mwiy  other*. 

Wlien  the  gsnga  were  large  and  worked  together,  each  had  «  ProeftCtMt  at 
overaeer,  and  in  each  farm  there  wa»  a  bailiff  or  saperinteDdcDt  called  VUUema, 
who  wat  bimaelf  a  ilare  or  a  freeman.  To  Ititn  waa  cooiniittcd  the  whal« 
flbaree  and  general  management,  and  with  him  a  hooaekeepsr  called  VtiBea 
wai  mqoentlf  associated.  Besides  these,  when  the  transactions  were  nnmen>a« 
aod  complicated,  there  was  a  Procuralor,  or  book-keepv,  who  kqit  the  aoeounU 
•od  tocA  charge  of  the  cash.' 

(2.)  Gtnva  StmivoeaU,  I.  e.,  the  inftiior  animals  trained  to  labonr.  All  IIm 
ordioar}'  work  of  a  farm,  such  ss  ploaghing,  banowiag,  caitiag,  and  the  like, 
for  which  we  employ  horses,  was,  io  ancient  times,  performed  bj  oien  trained 
for  the  purpose  (bones  domiti),  and  this  praotioe  prevaib  genai^v  io  sonthon 
£nn^  at  the  present  day.  Assea  were  used  for  tuning  com  mills,  and  wbcsi 
fitted  with  panniers,  carried  out  manare,  cleared  away  tbe  pnmiDga  fhun  ths 
vineyaid,  and  went  to  market  (G.  I.  273)  :— 

Saepe  oleo  tardi  coatu  agitntor  aselli 

Aut  vilihui  onerBt  pomis,  lapidcnqoc  revcrtcni 

lacuium,  sat  alru  muum  pida,  nrbe  nportat. 

Horaes  and  moles  were  very  sparingly  empl<^ed,  exmpt  fbr  riding,  and  for 
drawing  Irarelling  carriages.' 

(3.)  Qenus  Mutum,  i.  e.,  tools  properiy  so  called.  These  may  b«  divided 
into  two  classea — 

a.  Those  woii:ed  by  beasts  of  draagbt, 

h.  Those  worked  by  tbe  hand. 

In  the  first  class  we  may  notice— (1.)  .Iralruni.  (3.)  Irpex.  (S.)  Crate*. 
(4.)  Plaiuirum.     (5.)  SHtuIum.    (6.)  Traiea. 

In  the  seoond  olasa— (7.)  JJostrunt.  (8.)  Ligo.  (9.)  Marra.  (10.) 
Palo.  (11.)  Bipaliam.  (12.)  Rutrum.  (13.)  F^utinum.  (14.)  Sar- 
eufmn.     (15.)  Dolabra.     (16.)  Falx.     (17.)   Vannua. 

Aiming. — Xumerooa  allosioiu  to  the  most  important  implement  of  agrionltm* 
are  to  be  found  in  ancient  writcn,  bnt  the  most  distinct  and  oonnectea  deacrip- 
~  '      '       '   is  ooDtuned  in  a  well  known  pMeage  oS 

GantinuD  in  sUvis  m>|;na  n  fleia  domatnr 
In  burim  et  curvi  fbnnam  acapit  ulmus  arstri. 
Huic  ab  sUipe  ped«s  temo  protentni  in  ocio, 
Biiuw  anrea,  doplid  aptantor  dentalia  dorso. 
CsadiCnr  et  ^lia  SDta  logo  Isris,  altaqjie  fspis 
Stiras'  quae  eurms  a  terfo  torquat  imcw. 

Tbe  interpreten  of  these  lines  anfintDnately  differ  ao  widely  fimn  eadi  other, 
that  an^  yoang  scholar  who  reads  and  compares  the  Tarioos  eipUnatioos  pro- 
posed, la  likely  to  become  bewildered.  Witboot  attempting  to  axamioe  and 
refbte  a  mnlUtode  of  eonflioting  opiniona,  many  of  which  are  altogether  prepca- 
teraoa,  we  shall  endeavour  to  show  that  the  teit  of  Virgil  eiactly  deMribea  tba 
simple  iustrnment'  still  used  in  many  parte  of  aouthem  Italy,  of  Greece,  and  of 

1,T""J?- "■'■"■•*   OBlm.  R.  R.  I.  J.  s.  a 
•Vun  B.  R.  1  IUl  M. 
•  Wb  Imt  adopted  111*  emgnditlaD 
•UiDOili  oBqiUUe  o(  ezplutiloD,  li 


A^M.  A  KpresentatioD  of  one  of  these  ii  aullJoEDed  rmm  ■  rnde  ik«teh  by  the 
author,  taken  from  a  ploagb  trbich  be  mw  At  work,  a  few  ytm  ago,  in  the 
neighbourhood  of  BeneTenlo,  and  it  correapoiidi  closely  with  the  representalionc 
found  upon  many  ancient  monntaeots. 

Berore  detcribing  the  diSerent  parts  in  detail,  wa  must  premise  that  Virgil, 
io  the  passage  quoted  above,  mentions  those  portions  only  of  the  plough  which 
were  made  of  wood;  and  to  this  day,  in  light  friable  soils,  ploughs  made  of 
wood  eiclusiTely,  witbont  any  iron  share,  are  still  employed. 

1.  BeTitalia,  the  shart-beam,  maiked  A  in 
the  figure.  This  was  a  strong,  straight  beam, 
terminating  in  a  double  outting  edge,  tapered 
>  to  a  sharp  point.  It  presented  two  similar 
and  symmetrical  sides  (dapiici  dtnlalia 
doTto);  and  hence  the  plural,  denialia,  was 
rommonlj  employed,  as  in  the  case  of  snob 
words  M  Jrenix  and  hahaiat,  althoagb  the  singular,  dentate,  is  also  found.* 
Over  the  wooden  Dailale  or  DtntaUa,  an  iron  sharo  waa  wmelimes  slipped,  aa 
appears  from  the  words  oF  Cato* —  Vomu  induiilia  opiimuM  trit — and  sometime* 
an  iron  point  was  attached.  Thus  Pliny,*  when  describing  different  kinds  of 
ehares — Tertiam  in  $aio  /aeiti,  ntc  toto  porrectam  dentali,aed  exigua  ciapide 
M  rotlro — i.  e.,  the  dentalt  was  merely  tipped  with  iron,  not  folly  shod.  The 
Voottt  is  roeotiooed  by  Tirgil  in  line  162  r — 

Vomis  at  ioBsii  f  rimnm  grate  robnr  uatiL 

But  in  the  pasuge  now  berore  lu  ha  confines  himself,  as  already  noticed,  to  the 
wooden  parts.  Dem  is  used  to  denote  the  sbarp-poinled  extremity  which 
pierces  the  soil,  withont  rejerence  to  the  absence  or  presence  of  a  Vorais. 

2.  jSurts,  marked  b.  This  was  a  piece  oF  strong  crooked  timber,  forming 
the  ploogh-handle  or  plough-tail ;  the  ancient  plougli  differing  from  the  modern 
in  this  essential  point,  that  it  had  one  handle  only,  instead  of  two.  The  shape 
of  the  Burit  gave  rise  to  the  epithet  curvus,  applied  here  and  elsewhere  to  the 
Aratrma, 

3.  Temo,  the  pole,  marked  c,  with  the  lugum  attached.  With  regard  to 
tlieae  then  is  no  doubt  or  contniTeny. 

4.  Stiim.  The  real  nature  and  object  of  the  Sliva  has  proved  a  soaroe  of 
much  unsatisfiictor}-  discosuou;  but  a  careful  examination  of  the  representations 
of  ploughs  exhibited  upon  ancient  monuments,  will  enable  ns  to  remove  every 


It  ii  obvioos  that,  so  kmg  as  the  soil  was  light  and  free,  the  phnighman  wonU 
hare  no  difficulty  in  guiding  the  plough  by  the  ungla  handle,  or  Burit;  but 
when  the  soil  was  stiff,  and  it  becsnie  neoessary  to  drive  the  plough  deep,  it 
would  be  almost  Impossible  to  regulate  the  pmgre»  of  the  share  by  means  of  (he 
Burit,  espetnally  when  it  was  vary  short,  as  appears  to  have  been  fraqaently  the 
case.  Hence  the  necessity,  in  such  cases,  for  the  croaa  bar,  marked  d  in  the 
figure,  inserted  near  the  upper  extremity  of  the  Burit,  which,  acting  as  a 
powerfiil  lever,  woold  give  the  labourer  complete  command  over  the  dentalia; 


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


ASU  AORICDLTDBE— IBSTBUHESTA. 

and  when  he  ImdwI  bet'il}'  upon  it,  ha  would  ba  enabled  to  drive  the  ihara 
■■  deep  u  be  foimd  eipdieoL 

The  power  of  turning  the  whole  frame  of  the  michine  from  lide  to  side  m 
•pecudly  meDiioned  by  Virgil  u  the  ttae  of  the  SHea — 

Stlvae,  quM  camu  >  tergo  tongoeU  ime*; 
aod  hence,  >  plonghman,  when  leaning  heavily  on  the  plough,  ii  repneented  aa 
prening  upon  the  Sttva.     Thua  OvJd  (_Met.  Vill.  216.) — 

Aat  pator  bieolo,  MiTava  uukiioa  aiator; 
Mid  aguD  {Ftut  IT.  825.)— 

Inde  pnmros  ativun  deaignst  moema  antra; 
while  Colnmella  (I.  9.)  laya  of  a  tall  ploaghmtui— >1r<Mtfo  ttivat  paent  rectus 


If,  then,  we  had  no  explanation  of  the  different  parts  of  the  plough  eioept  Uwt 
afforded  bj  Virgil,  we  might  rest  utiefied  that  the  bar  d  (see  fig.  in  laat  page) 
comapondi  to  the  StitKt,  since  it  answera  all  the  conditions.  But  there  ia  ■ 
paua);e  in  Tarro  De  Lingua  Lalina^  in  which  he  enumerates  the  different  parta 
of  the  plougii,  and  which  we  cannot  reconcile  with  thii  view : — Ahatsvm,  qiatd 
arlat  terram  eiui/rrrvm.  Denb,  </uod  to  mordelur  ttrra.  Sapra  id  rtffuitt 
quae  sttxl,  St[va  ab  itaitdo:  tt  in  ea  trangnersa  regnla  Manicula,  quoii  mnntt 
bubtdci  tentCvr.  Qui  quasi  temo  ul  inter  bovej,  BUUA  a  bubus.  alii  hoe  a 
eurvo  Ubvou  appttlaiit.  Sub  iugn  medio  cavutn,  quod  bura  extrema  adtUla 
(^pHatur,  vacatur  Coi'B  a  cava.     lUQIW  et  lUMEMTCU  ab  ittttclu. 

Here  we  find  the  Sliva  described  as 
a  BtrtiEght  piece  of  wood,  standing  per- 
pendJcnlar    lo    the    siiare    beam,   and  . 
tumished  with  a  Manicalu,  or  handle; 

and  the  Bura  ia  deHoed  aa  710181  femo   '  | 

infer  bovei,  and  no  separate  Temo  is 
mentioned.  It  is  clear,  therefore,  that 
Tarro  ia  deacrihing  a  plough  different  b 
flam   and   arrangements   Irom   that  of 

Tt^il ;  hut  the  annexed  fignre,  taken  from  a  coin  of  Centuripae,  in  the  Hontetian 
cdieotion,  will  make  ererything  clear. 

Here  the  earred  Buriiis  tnrned  in  the  opposite  direction  from  that  in  the  fint 
figure;  it  henda  away  from  the  ploughman,  and  is  in  reality,  aa  Tarro  states, 
guaii  temo  inter  bovet,  to  which  the  yoke  might  be  attached.  But  in  thiscasa 
the  Burif  could  uo  longer  Se  held  by  the  ploaghmao ;  and  the  straight  pole,  or 
Sliva,  with  its  Manicuia,  both  of  which  are  plainly  depicted,  became  neMssary. 
When  the  Burit  wai  grasped  by  the  ploughman,  then  the  cross  bar  d  (see  last 
page),  answered  every  purpose;  andtbi8ia,inBllpr<d)abilil7,tba  Stiva  ofTiripl, 
who  makes  no  mention  of  a  Manicuia. 

5.  ^urei.  Mould-Boards.  Twoof  these,  wbichwere  notrequJTedinordiiiaij 
idoughing,  were  attached  to  the  plough  when  it  waa  wiahed  to  rib  {lirart')  tlm 
land,  as  will  be  explained  more  fully  when  we  treat  of  the  operation  of  ploaghinE. 
The  ordinary  modern  plough  has  one  mould-board  pmnanently  attached;  but 
doobk  moold-boanl  ploughs  have  been  recently  Introduced  in  turnip- hnibandiy. 

>  Lib.  V.  t  lU.  «d.  UUUer. 

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A  plongh  with  the  moold-boardt  alUcbod  wu  termed  Aratnen  asririm,  at 

opposed  to  ibe  Aratriint  ximpUx} 

G.  CuUer,  la  addition  id  tlie  parti  named  by  Tirgil,  Pliny'  meulioiu  the 
Caller,  irhich  he  '.eckons  ax  a  kind  of  ihare  |  but  it  is  manirest  from  his  noidi 
that  it  WM  quite  dininct  from  the  Vi/mer  It  was  emplofed  in  breaking  up 
very  etifF  lea  before  the  Ent  regular  ploaghing  vrai  given,  and  waa,  in  all 
probability,  euentially  the  lame  with  the  modern  Coulter; — Culler  vacatur, 
praedenaam,  prioM  quam  protciniatur,  Urram  aecaiti,  /uCuritque  nileit 
vtitiigia  praacribem  incimrif,  qunM  rtmpinia  in  arando  mnrdeat  voToer. 

7-  Salla  B,  Rallum,  This  appendage  to  the  plough  ie  described  by  Pliny 
alone;  it  was  a  small  apade,  or  scraper,  attaohed  to  a  long  handle,  and  used 
for  cleaning  the  shaie  when  dogged  with  earth: — Purgei  vomerem  tubinde 
stimuliu cutpidalut  rallo.*  (Plin.  1.  a.)  What  ii  now  termed  ikepiintgh-itaff 
is  employed  for  the  fame  purpose. 

The  three  essential  parts  of  the  plough — the  Buris,  the  Dentalia,  and  the  . 
2emo— are  mentioned  by  Ue^od,'  under  the  names  of  yuns,  ii^Vfta,  and 
loTSfJoivf,  respectively  j  and  in  another  passage  he  ipeaki  oFthe  efrni  i;i;iTX>t(, 
nhich  mnst  be  the  Slina  or  Matiicula.'  Besiod,  moreover,  distiaguishes 
between  the  dforpot  ttiiToyviu — in  which  the  Burit,  Dentalia,  and  Temo  were 
composed  of  a  single  piece  of  timber — and  the  itfor^*  wrat,  in  which  the 
different  parts  were  nailed  together.' 

Irvu  s.  Hirpex  s.  Urpex,  was  a  plank  armed  with  nmnerons  teeth,  and 
dngged  by  oien  over  the  snrlaca  of  the  gronnd,  for  the  pnrpoae  of  tearing  np 
weed*  The  description  given  by  Tarro'  is  quite  distinct — Ikhces  regula 
compturibas  dentibu»,  guaia  item  at  plaoitrum  bovei  IrtAunt  at  eruatil  tpiae 
tn  (errs  terpunl.'  It  answered  the  same  end  as  what  is  now  termed  a  Gntbber. 

Vrmtra  is  a  general  term  applied  to  textures  of  rods,  twigs,  straw,  sedge, 
reeds,  feni,  &c.'  Sucli  were  employed  for  a  great  variety  of  mral  purposes. 
Thus  Crafej  viminene"  went  dragged  over  ploughed  land  for  the  purpose  of 
breaking  down  tlie  clods;  and  Crates  deiitalae,^'  answering  in  all  respects  to  a 
modem  barrow,  were  used  in  Gaul  forcoveringnptheseed.  Crata  itercorariae" 
were  panniers  iu  whioli  manure  was  carried  out  to  tlie  field;  Crates  Jicariae" 
were  used  in  drying  figs;  when  grapes  were  made  into  raisins,  they  were  spread 
out  upon  crofes;'*  and  when  cratet  were  formed  of  strong  maieriab,  they  were 
used  for  fences  or  pens,  like  our  kurdlxs — Claudensqve  lextis  cralibtu  laeiam 
pecas.  (Hor.  Epod.  il.  45.) 

FlHiiUaH  B.  yl—tram  dim.  plaMellaK.~This  term  is  equivalent  ta 
the  Greek  ifuL^a,  and  includes  carts,  waggons,  and  wheeled  rehioles  of  every 
deecription  employed  for  agricultural  porpoees.     The  wheels,  like  those  in  the 


^  V,  4a7.  Id  thlH  puHEflti  irJcvti  11  freuftnlty  sunpoMd  to  be  thft  Temo,  And>iir«^Hr  thelaffwa. 
Tlie  Gretk  worfl  fur  tlia  Iron  Atre,  or  's-ir,  li  i,m.  (PluL  Rom  IL)  ^^ 

Iiy  C^.u)e■  Fcltsvo,  II.  ;i J.  H.  Vow,  In  hl>  inndaUoD  of  Virill'i  OB/rvta  <AltonB,  IS 

Blien  •  plate,  with  repreMirlMloiu  ol  imaij-aTo  v»rteHe«  Df  uiclml  i— '  — ' ' — '■■ 

tm  lo  UlBitnla  tliii  mbjnt. 
'ViUTOL.L.V.jiaii.  eiL.MHIler.    Coinp.  Pin 

•  Sm  slB>  Csto  H,  B  lU.    Sen.  nd  Vlrg,  Q.  L  .„ 

•  So  VIrgiL  Aen.  XI.  SI.  hmai  nana  alii  cnflH  tt  maUt  fintrum—Arlmltk  ttm 
(ia(»ef«ri>o:uidU)lmnelLB.R.XlL  ii.-CraUi  ftuUraiu  alnto  ttl c-nct  Ptl^ia 

1  Vlrg.a  !.»•.  uPlln.  H.  H.  XVIIl,  IS.  "CalaiL  R.  10.    Virr.  S.  & 

iiCUgB.&t&  uColiimelLJt.B.XIl.U 


tojr-earta  of  children,  were  generally  compoMdof  dUoof  (did  dmber,  and  were 
called  tympana  (G.  U.  444)  :— 

Hinc  radioa  trivcn  rods,  hina  tjiopua  plioatru  ; 
luch  maj  be  still  smu  in  the  iccluded  diatriatB  of  touthem  Italj,  in  Gimee* 
Aein  Minor,  and  India, 

The  number  of  whrela  was  usually  two; 
indeed,  Isidoms  deBnea  tlie  Ptauslrum  to 
be  vtkicvlum  duaram  rotarum ;  but  ibni^ 
wbceled  carts  were  certainly  in  nse,  sioee 
they  appear  on  varioua  ancient  monnmeota, 
althougli  Ibey  tnay  hare  been  distinguished 
by  a  different  name.  Cnto'  notices  phstra 
maiora;  but  there  is  no  ground  for  the  con- 
eliuion  that  these  had  four  wlieeU." 

The  Ploitellum  I'aHicum  will  be  noticed  inimediMiely, 

TribBlHBi.  PloueliBBi  PiiiilcaiB.  ThranhinK-Maoliincs.— The  Trihiiliiit 
WHS  a  framen'ork  of  heavy  plauke,  the  under  side  of  nrhicli  iras  atuilded  all  over 
with  iron  teeth,  or  sharp  atones.  This  was  dr!i^<;;ed  hy  a  team  of  hones  or  oxen 
over  the  com  when  spread  ont  upon  the  tlirasliiag  floor;  and  it  nibbed  out  & 
portion  of  the  grain  while  it  turned  the  slra>if  orcr  and  over;  so  that  the  whole 
was  thoroughly  trodden  by  tlie  animals.  In  the  PtosteUtim  Panicam  tlie  toothed 
planks  were  tDOunted  upon  wheels.  Varru'  describes  both  the  fbnn  and  use  of 
these  implemenls  so  distinctly  as  to  require  no  comment — E  ipicit  in  aream 
exeuli  grand ;  quod  Jit  npud  alios  iumentix  iunctu,  oc  Tribulo:  id  fit  e  tabula 
iapidibae  aut  ftrro  ofperala,  quo  imposito  aari/ja,  ant  pondtrt  grandi 
Irahitur  iumentit  innctii,  ut  discatiat  e  tjiica  graaa:  aut  ex  aitibus  dmlatit 
cum  orhicuUa,  quod  vacant  Plosteli.uu  Pdnicuh.  A  representation  of  a 
Tribultim,  as  still  used  in  Mysia,  anawerinp  exactly  to  the  description  of  Vatro, 
will  be  found  in  Fellowes'  Travels  in  Asia  Minor,  p.  70  (1039).' 

Tnhna  ■.  Tnka. — A  sort  of  slodge,  may  be  regarded  as  a  variety  of  tfae 
Tribuluia,  in  oODJuuclion  with  which  it  is  mentioned  by  Virgil' — 

Tribolaqae  traheuqDa  et  iniqao  ponders  ra»tt1. 
The  words  of  Colamella*  leave  no  duuht  as  to  the  purpose  for  which  it  waa 
employed — At  li  competit,  iit  in  area  leralur  /rumenium,  nibil  duHum  est, 
^in  equii  melius  quant  bubut  ea  res  conjiciotar:  et,  si  panca  iaga  sunf, 
adiicere  Tribulamet  'IVakam  posiis. 

KmMwmm,—\a  the  plural  asually  Bn^arl, — is  the  geaenil  tenn  for  anj 
toothed  implement  used  for  stirrino;  the  ground.  Thus  Vsrro' — Bastri,  quibut 
dtniatis  paiitxa  eradunl  lerram  atqae  eruunt.  Tlie  diminutive  Rastelli  cor- 
responds closely  to  our  hand-rakes, — Rastbuj,  ul  irpices,  serrae  leoei;  ita 
qui  homo  in  pratia,  per  feniatela  to  festucas  corradtt,  quo  ab  rasa  raiteili 


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AOBiccLTUBE— nesremin'TA.  683 

dicli,' — and  agun, — (um  de  pralU  itipulam  rtutellit  eradi,  atpie   adden 
foeauidae  cumulum  (R.  R.  I.  49). 

Ooeof  ibe  moBt  importuit  purposes  to  wiiioh  fioifn  were  applied  wa»  cnuh< 
ing  ctodi.     So  Viripl,' — 

Muttain  adeo  nutria  glebai  qui  fringit  iantea 
VimineMque  trahit  cnits,  imiit  arra,  .  .  . 
and  Pliny,' — Arationepertra7aversumiteraia,occatio  tequiiitr,iibirapoicU, 
craU  vel  raitro.  Such  initnimenta  wne  necesKOrilj'  Urge  and  beavj ;  and 
hence  the  expnaa.OTi,^niqau pondere  raatri.*  One  form  of  Ibe  Bailram  in  very 
common  me,  conalated  of  two  long  thick  iron  teeth,  ut  nearli^  at  right  angles 
j-T,  _  to  a  short  strong  wooden  shaft.     This  wm 

^■^■•■■'■•■■'■"■■•■"■i™""'™*    tenned  emphalitally, — 
ly^  Bideni,'  was  DSed  for  a  greU  variety  of 

^O^  parposes,  and  ia  still  thefaTonriCe  tool  of  the 

vinejard  labourer,  retaining  in  Italy  iu 
ancient  name, — Bidente.  Cato  inclndes  Raitri  Quadridenta  among  the 
itutramenla  required  for  the  olive  garden  and  vineyard.'  When  the  Raatrtim 
as»nined  the  form  of  a  rake,  it  waa  occasionally,  as  among  onrselves,  made 
entirely  of  wood ;  Columella  specially  enjoins  that  the  seed  of  lucerne  (mtdica) 
should  be  covered  up  ligneit  raslrii,  or,  aa  he  calls  tliem  in  a  enbeeqaent 
chapter, — ligneis  raslellU.^ 

I,is9. — Tiie  L^,  like  the  Bidmt,  was  osed  for  looaeiuQg  and  tanlng  np 
the  soil ;  and  like  the  liailrum,  for  breaking  down  tenacious  dods.  After 
examining  and  oompsring  the  passages  referred  to  below,  we  maat  arrive  at  the 
conclusion  that  it  could  not  have  been  either  a  xpade,  as  some,  or  a  hatchel,  aa 
other  scholars  have  imagiaed,  but  mnst,  in  all  probability,  have  been  a  ptcit- 
oxe,  an  iuatrunienl  which  will  answer  all  the  condilione.' 

niMTiL— All  that  we  can  aay  with  regard  to  this  implement  is,  that  it  was 
applied  to  the  same  pniposea  as  the  Ltgo,  and  that  it  had  a  broad  iron  blade. 
Thua  Columella  (X.  71.)— 


and  again,  T  87. — 

Aequon  dnids  hami  lepetit  mnoone  bidentia, 

Moi  bene  cnm  lilebis  vivacis  cespitis  herbsm 

CoDtnndnC  murae  am  fracti  dent*  hgonis. 
Henc«  the  Marra  was,  very  probably,  a  one-bladed  maHoet,  an  ii 
which  is  constantly  seen  in  the  hands  of  the  field  labourer  in  the  aonlh  of 
Europe,  and  still  retains  its  ancient  name,  being  called  Marra  in  Italy,  and 
Mam  dt  vigntron  in  France.      Fliny,  in   the  passage  quoted  above,  when 


•CUDB.R. 


TlboU.  LLIS.Lx.U.n.ULa    Vlnr.  O.  1L  «».    Ov.  Patt  I\ 
u  prati^lT  Mcntlal  with  Ibi  Qnak  luiJUa. 


■  puiaKMwbldimDitaliidlatethalbnii  of  ths  £<«■»,— CohmL  K.R.X.  SL  Ov.E.F, 
«    Amon.IlLt"     ~-- ."  -—    —  -  ^..-^ .___._.__... .. 

IIVHaiipltod,— B _,-_  . 

IiT.  H  VU.  n.  11  8Sk    PilUA.  B.  B.  L  4S.  ahBplT  M 


L  tU.  MAmotT.  IIL  L 11.    Btat  Theb.  UL  SML    Tha  fOllowlDK  menlT  poll 
_^....  . .     ^ AIILitW.     B|>o4V.><».     Epp  L  iIt.  irf.     " 


fretting  of  the  Bipalium,  meotiont  the  Marra  in  luoh  tenoa  u  to  oonfinn  tha 
Tie w  we  bave  taien.' 

Pala> — Tbii  wu  a  pointed  tpade  or  ihoeel.  The  actus]  nptnming  and 
itiniDgof  the  wil  im  peribnned  chieQy  bj  the  plough,  the  ligo  and  the  bidens, 
and  the  p<^  i»  meatiaaed  apeciall^  m  connection  with  ewampj  land  and 
■oft  garden  mould.'  Thai  it  was  pointed  at  the  extremilj,  appean  froin  tlie 
worda  of  FHnj,  irhen  he  ia  enumerating  the  diffeienl  kinds  of  eharoi;  one  of 
which  he  dewribee  m  having  a  oiu;ju  in  mucronem /attiffia(a,  and  then  adds — 
eutpit  effigieia  paiae  habtl,'  Cato  ranks  tiie  pala  among  iron  implements 
(^erramenta),*  but  it  <raa  aometimes  made  of  hirdwood,  tipped  or  edged 
with  iron — 


^        .  n  this  form  probublj'  identical  with 

the  Fenitlii(riin,'  the  rrvtr  of  the  Qreeks. 

JilpallMBi.-  OccMionaily.  for  deep  di^ng  or  trenching,  a  Pala  of  great 
liu  and  atCMKth  was  empluyed,  and  in  thie  iliape  wai  termed  Btpaliuin,  The 
ordinary  length  of  the  iron  blade  moat  have  been  two  feet  and  upwards;  fer 
Colnmella  mji* — aalit  erit,  ncn  atto  bipaUo,  id  ed,  mtnui  duos  peda  ftrra- 
Menfo,  noiiaU  converti. 

The  above  is  the  aooomit  of  the  BipaUani  giren  in  the  moat  approved  norka  on 
Arohaeologj;  bat  there  ia  a  passage  in  Pliny'  which,  if  there  be  no  error  in  the 
text,  Menu  to  prove  that  he  at  leaet  gave  this  name  to  the  double  iron  {Hong  of 
the  Bideia — Solum  apricum  et  qaam  amptiisinuim  in  stminario  tine  in  uineu, 
bidtnte  pailittari  d^et  lemot  pedtw  bipaiio  altor  marra  rein  quaUmmM 
pedum  ferramen  lo." 

KwiiwB  also  must  have  been  aome  kind  of  spade  or  ^ovel,  judging  Groro 
the  pnipoMi  to  which  it  was  applied.   Thus  it  wae  need  for  stirring  and  tempering 

E taster,  stuoco,"  and  mixtures  of  various  kinds ;"  while  Ovid  represents  Celer  a* 
illing  Bemns  with  a  Rulrum,  i*hen  the  latter  leaped  over  the  newly-cut  trench 
which  marked  (he  circuit  of  the  infiuttcitj — 
Nacm 
U 

WwwIIm,  ^iparentij  the  diminutive  from  the  above,  moat  have  been  what 
it  now  termed  a  com  tirite,  i.  c,  a  cylindrical  piece  of  wood,  with  which  tba 
grain  in  a  measure  is  scraped  leve]  with  the  brim," 


Titers  1^  tiowVTgr,  anotlur  puiua  In  Htnr,  H.  N.  XTHL  IS.  tn  irtildi  bs  apBln  dteattlnR 


1.  B.  XI  a     Be*  ilB  V.  &  Hfolb  jwOlruMrui.    Olo  B.  B.  L  U.  1«1.    Van  a  B.  L  SL 
".  N.  XVHL  M 

s.  XV  iL  a  I 

,    Vllru^lirr^llJu'll  S  XKXVt » 
Ign^^mi].    Vam  I.  1.  V.  1 134.  aO.  lUlL 
p.  Vim  ap.  Hob.  ft  *.  Jtafrvn^  f.  11 

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rmaHmm^^-nt  verb  patlino  ind  the  nilwUnti*e  po»tmatio  are  nwd  by 
Ibe  afp^ltnnd  writen  to  denote  the  openlioa  of  deep  digging  or  trenching, 
Tbich  Kcmi  to  have  been  nmallv  perfomied  witli  the  bidtnt  or  the  bipalinm} 
But  the  instrument  called  Patlinutn  was  not,  aa  ve  might  han  nippoaed,  i 
Bpade  or  pickaxe,  but  a  two-prongtd  dibbU  for  Mlting  Toang  plant*.  Thus 
Colnniella — PASTmuit  vacant  aipicoiae  ferramentwn  fri/urcunt,  qaa  lemna 
oanguntur* 

Palladins  uki  paitmum  lometimra  as  eqaivalent  to  pastinatio,  and  (ometinies 
m  the  unte  of  ground  that  hu  been  trenched,  >.  e.,  loltim  paidinotujn.' 

■mcwIwih  ■.  BnniiliM—Tbe  ohieT  ue  of  the  Sarettltaa  waa  to  looten  the 
«ril  and  deetio;  the  weedi  aromd  the  root*  of  the  groiriii£  corn,  which  waa 
■owed  in  moh  a  maimer  aa  to  ipnug  np  in  r^nlar  rowi  or  drilk,  the  operation 
being  callsd  aarritio.  Althongh  we  have  no  distinct  aceonct  oT  the  form  of  this 
inurnment,  we  con  ecarcelj  doubt  that  it  reaemhled  our  common  hoe,  which  ia 
naed  for  a  aimiiar  purpose  in  tninip  bnabaodr;,  and  ia  also  applied,  like  the 
Sarculum,  to  many  other  pnrpoaes  connected  with  atirring  and  pnlTensiog  the 
gnmnd.  Columella  deecribee  yaj  graphically  the  proMoa  at  "  earthing  np  " 
jomsf:  vegeiablee  in  a  garden  with  ttw  SaraUam.* 

Palladias*  dislingnisbee  between  Sarcalot  limpliea  tad  SareulM  biconut, 
What  the  latler  may  have  been,  it  is  hard  to  discover,  udIcm  we  snppoae  with 
Diokaon  that  it  was  a  donble-bladed  hoe,  constmcled  in  audi  a  manner  that 
one-half  woold  go  on  eaobfide  oTs  row  of  com,  and  he^^  the  earth  toward* 
the  plant*. 

Ssiabra  dim.  P  ■!■>  ■!!■■— Thh  was  a  atnmg  broad  diiid  act  itnight  npou 
a  long  wooden  handle.*  It  naa  eite«iaively  employed  in  lb*  ooaatmction  of 
field  works,  and  in  Tcrioa*  other  military  operations,  and  was  one  of  the  chief 
tool*  of  the  carpenter,  while  the  nse  to  which  it  waa  applied  in  agrienltnre  ia 
hdly  siplained  by  Columella,' — Nee  mituu  <ieiabra  qaam  vonttrt  b«ltulca» 
tf  prae/ractai  itirpu,  fummiuqiu  radiate  quibut  ager  arbvtto  em- 
titut  impUcatur,  onnes  rejbdial  ac  periequatur.  The  dolabra,  or 
,  (/olii2x//a, likewise anewered  the  pntpose  ofaimall  spade  in  the  hands 
of  the  gaidensr  and  the  vine-droscr.'  Somedmea  an  aie  had,  as  is 
'  well  known,  a  double  blade,  in  which  form  it  wa*  called  fi/wnnti,  and 
■ometimee  instead  of  the  second  blade  a  dolabra  was  attached.  Such 
a  leraied  Seevrit  dolabrala.' 


Palx  dim.  vateal^  was  the  genera]  name  for  any  cutting  instrn- 
ment  with  a  curved  edge,  and  included  the  Scythe  of  the  ntower  (f. 
foenaria),  the  Sickle  of  the  reaper  (F.  meatoria — ilramentaria), 
the  Bill  of  the  hedger  and  the  foretter  (F.  tihatica—arborta — 
rvtearia — Ittmaria—tirpieida),  and  the  Fmning-kntfe  of  the  gar- 


bs vptnVti 

.tl.    PlbL 
nnsf  the 

i^nfedtUoDiif  Uutwork.  Cur  In  tlw  iMgod  •dXInUisaKb 

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


•  K.iLr«. 

Doctor  SI 
ontalM. 
'K.aiL>    Comii.  PdlvL  R.  B.  IL  S. 

•  PillMl.  R.  B.  IIL  n.    Cohira.  R  B.  IT.  M. 


&36  lOKICULTCBE— PLOUOHISa. 

deiMrand  the  Tine-dreMer  (F.  pulataria—mmtoria  i.  vmeatiea).'  Columella 
desonbeaminntel/theMinewfaatooinplicaled  fiinn  of  the  Falx  Vinitoria,  wbidi 
will  be  nndentood  from  the  aiiDexed  cot,  nliich  is  copied  frooi  s  lepresenta- 
tkn  foand  in  MvenlMSS.  of  that  writer.' 

TaiiBU^  called  by  Vi^l  myitiea  vannua  laechi,'  was  eertaiulj  id  iiutru- 
iDent  fur  wmaawiiig  com, — ipiae  antnn  spicae  meUia  /uitibta  tundsnliir 
tiannuoue  expurganlur*  and  wm  probably  ideniiial  with  tbe  Greek  Xiwot. 
Oar  only  iufonnatioo  with  regard  to  its  form  ia  derived  from  tbe  woiiU  of  Ser- 
viua,  who  oalla  it  eribrum  areale,  from  which  we  conelade  that  it  was  a  kind 
of  aiere, — and  shallow  baskets  of  this  shape  are  to  be  seen  in  Tarions  nprc- 
■entations  of  Bacchanalian  eeremonieB,  cofitaioing  the  saoied  oiendU,  aad 
bome  on  the  heads  of  attendanta,  wbo  were  lience  termed  ^ikhVp"' 

3.  Ea. 

The  moat  important  operatione  performed  by  the  farmer  ware, — (1.1  Aralio 
(ptonghiog).  (2.)  Occatio  (bairowing).  (S.)  Salio  ~  Semenlis  (sowing), 
(4.)  SarrUio  et  Runcalio  (boeing  and  weeding).  (6.)  Meaaio  (reapin){). 
(6.)  TWlura  el  VenliiaCio  (thrashing  and  winnowing) .  (7.)  Condilio 
(storing). 

(1.)  Aratio;  (2.)  Ocealiu;  (S.)  Salio.*  —  The  number  of  plooghings 
requisite  in  order  to  render  the  land  fit  for  the  reception  of  seed,  depends  apou 
eo  many  oontingenoies — the  nature  of  the  soli,  the  condition  of  the  soil,  the  crop 
desired— that  no  rale  coald  ever  be  laid  down  of  universal  application.  Bni, 
according  to  Roman  practice,  Innd,  when  about  to  receive  a  crop,  waa  seldom 
ploughed  leee  than  twice,  or  more  than  four  times.  When  a  lea  field  (ager 
novaUt)  was  broken  up,  the  ploughman,  when  he  gave  the  firat  plooghiag,  was 
said'^oaeiniiere— when  he  gave  the  second,  ilerare,  or  offringere,  becaoMtbii 
was  nmally  a  croes  ploughing  (6,  1.  07.) — 

Et  qui  proaduo  quu  snadtat  leqnon  tcrga 
Ruisus  in  obliqnTim  verw  pemunpit  aistro. 


brokni  down  with  heavj  hacd-n^es  (rastrit)  or  by  dragging  hnrdle*  (crater) 
over  the  aurfiMe,  and  these  were  sometimes  toothed  (crata  dentalae).  This 
operatioD  was  termed  Oceatio,  and  resembled  in  every  respect  harrowmgr— 
(G.I.  94.)- 

Hultam  adee  nutrii  glcbai  qui  frangit  inertea, 
Vimineaiiqiie  trsbit  crates,  iuvat  im.  .  .  . 
Wben  the  soil  was  completely  pnlverJEed  and  presented  a  perfectly  smooth  stir- 
fiioe,  which  was  generally  achieved  by  the  second  or  third  ploughing  and  har- 
rowing, the  seed  com  waa  cast  upon  the  ground,  a  pair  of  mould-boarda  (5inae 
aaret)  were  attached  to  the  share  beam  (denlaUa),  and  tbe  seed  was  ploughed 
ia,  tbe  land  being  by  this  operation  ribbed  ot  raised  in  ridges,  as  in  potato  or 
tninip  hosbandiy.     In  giving  this  last  ploughing,  the  husbandman  waa  a^ 

<CBtoB.B.ia.li.    VuroB.R.I.n    L.  l,  T.  |  m.  sd.  HUl.    FUIIU1.R.K.L4S. 

•  CohDn.  K.  S.  IV.  U. 

•  Vtrn.  Qeotir.  L  iga.iniloiitBofSo'vlat. 

•  Celnin.  a  R.  a  IL 

I.  >.^"c.'m  B.*^»1'  '*"•'*■  ^I-  "■  *    nta.  H.  X,  XVIIL  IT.  IL  KL  U,  M.    Van  a  M. 


AoucnLTUKE — Hamro— KBAPiHO — THRASHiiia.  637 

n  Kram  redigere,  tb«  devMed  ridge  of  rartli  itm  called  porea,  Om 
a  iMtween  each  two  parens  ma  called  lira  or  tuleui. 

Soroetimes,  however,  the  land  ma  prepnred  Tor  Bowing  bj  plonghing  it  In 
rideea  before  sowing,  then  caittng  tlie  SMd  into  the  Turrowe,  and  covering  it 
np  bj  barrowB  ae  among  onraetvea.  This  wu  regarded  ■■  inferior  hoibandiy, 
fiir  it  w«*  held  tfaat  tbe  mil  onglit  to  be  complete!;  palTerixed  before  llie  seed 
was  committed  to  the  gnrand;  that  this,  however,  was  not  alwavs  the  otse  ii 
evident  from  tbe  linei  (G.  I.  lOJ.)— 

Qnid  Ham,  itcto  qui  semina,  commintu  sttk 
luBeqiuLnr  comDlfisqne  rnit  mile  pingnis  ugn«a. 

(4.)  Sarrilio  et  Runeatio.^ — It  will  be  onderstood  from  what  hae  been  raid 
above  with  regard  to  tbe  mode  of  covering  np  the  seed,  that  the  joong  plants 
would  spring  in  regnlar  rows,  leaving  a  considerable  apace  between  the  driiii,  eo 
that  two  operations,  little  retorted  to  bj  the  modem  fanner  in  the  case  of  com 
cropa,  ooold  be  performed  with  safety  and  facility.  These  were  hand  hoeing, 
called  sarrilio,  eiecnted  with  an  inetrament  called  saTcutum,  the  object  being 
to  looun  tbe  soil  and  admit  air  and  moistnre  to  the  young  plants;  and  weeding, 
called  mncatio,  wliich  wu  performed  at  a  subeeqaent  stage  in  the  growth  of 
the  crop — mbiungenda  deinde  est  tarritioni  ruacaiio — and  both  operalioni 
were  repealed  a«  often  as  cireamstanoea' seemed  to  demand. 

Hand  boeing  and  weeding  were  among  the  ordinary  and  regnlar  operations 
performed  upon  the  com  crops,  but  there  were  others  resorted  to  ocoasioiully  only 
and  to  meet  particalar  emergencies— thus,  when  the  yonng  com  was  too  rank, 
tbe  over  Ininrianoe  was  checked  by  depaetaring  it,  as  enjoined  b;  Virgii  (G. 

Qdd  qni  ns  gravjdia  piociunbst  cnbniia  uiatis 

LBnriem  segetmn  t«nera  depaaciC  ia  faeriia, 
— when  the  crop  was  parched  by  excessive  drought,  the  husbandman  betook 
himself  to  irrigation,  at  deaciibed  in  the  charming  lines  (G.  I.  106.) — 

Ddnde  utia  Savinm  Indncit  rivoaqne  scqnentea,  &&, 
this  being  different,  however,  from  the  syatematic  irrigation  which  (bnned  part 
of  the  eslabliahed  culture  in  some  diatricla. 

(5.)  Memo.* — Mention  ia  made  by  Varro  of  three  different  modes  of  reaping 
Mm  r^ttmenti  tria  grntra  twxt  mesnonu)  adopted  in  different  parts  of  Italy. 
Acoorting  to  one  method,  tbe  stem  was  shorn  close  to  the  groand  with  a  reap- 
ing book  ( /biz),  and  tbo  ean  were  then  cut  off  from  tbe  straw,  and  carried 
sway  b  basketa  (corbei)  ;  according  to  the  second,  the  ears  alone  were  cot  off 
with  a  small  saw,  fitted  mto  a  crooked  wooden  handle;  according  to  the  third, 
tbe  stem  wu  divided  midway  between  the  ear  and  the  not.  When  either  the 
teoond  or  tb«  third  method  was  followed,  the  straw  left  standing  was  subse- 
quently mown. 

(6.)  (7.)  TrtlHra— renftfiifio— ConrJtlto.*— The  mode  of  thrashing  com 
feUowad  by  the  ancient  Romans  ia  still  retained  in  soatbem  Italy,  in  Greece, 
and  in  tlie  East,  and  is  frequently  alluded  to  in  Scripture.  A  small  plot  of 
ground,  genenlly  of  a  circular  form,  was  marked  out  in  the  immediate  vicinity 
tf  tbe  VUia;  it  was  enrrounded  with  a  low  wall,  tbe  sniftee  was  either  levelled, 

■  Cel>n.B.B.ILJLU.    Plln.  H.  H.  XVIIL  »].»    0>taK.B.tI.    Tur.  B.  It.  L  IB.  XL  M. 

■  VsRO  K.  1. 1- ML    Coliini.R.II.U.al.    PUn.  H.  K.  XVIIL  M  _ 

■  Vun  B.  B.  L  U.  »1.  M  H.  n.     Colnm.  1LB.L11L10.     CiMBK».Uf.    FlU. 

B  W    TV1I1    U 


(.'.OOc^lc 


638  AGRicrui'BE— mm  a 

or  raiMd  dightlj  in  tbe  centre,  wu  innda  perTwtlj  unooth,  and  hardened  into  m 
■oit  of  concrete  by  ibe  addiUon  of  chalk  and  other  material*— tbe  ipace  thai 
ptepaced  wu  railed  Area  (O.  I.  1T8,_) — 

Am  enm  primis  iogentl  SMiamdk  ^findn 
Et  nrtcnda  mmiii,  et  cret*  •olidanda  tenMJ 
N*  aabont  taeibaa,  nm  pnlTcn  lieta  bliictt. 

TothiiendoRire  the  can  of  com,  ntlier  cat  cloMoff,  orwitba  portion  of  tbe 

itraw  attached,  were  convej'ed  and  spread  oat,  and  the  grain  was  then  trodden 
or  nibbed  out  (tertre)  by  oxen  or  boTKi  driven  round  and  ronnd.  Id  onler  that 
tbe  can  might  be  tnriied  over,  and  0*117  portion  inhjected  in  (ura  to  the  tread- 
ing action  of  the  feet,  beavj  beams  of  wood,  with  iron  spikes  attiobod,  called 
Tribula  and  Traheae  vera  dragged  bactiwards  and  forwards  by  aotne  of  the 
animala.  The  com  wa«  tlien  winnowed  b;  towng  il  in  tbe  air  by  a  wooden 
ehoTcl  railed  ventiiabrum,  or  by  agitating  it  in  a  sieve  called  vanntu,  and  wben 
thoronghlj  cleaned,  was  stored  np  in  carefull;  conitnicled  granaries  (granaria 
— horrea).  Somelimes,  however,  when  the  eaiaof  com  were  out  cloae  off  from 
the  atraw,  they  were  conveyed  to  ttie  ham  (Aorreum),  and  there  thg  grain  wm 
beaten  out  with  flails  (bacalii  excuttre — -faatUna  tunifere).' 

The  ••BBOni  at  which  ths  different  operalioni  were  peribrmed  necensriJy  varied 
greattyaocording  to  circunulances.  Thus,  ridi  strong  land  was  ploughed  eaiij 
in  spring,  and  again  before  the  rammer  solstice,  while  diy  poor  soil  was  not 
ploughed  at  all  until  aummn.  Virgil  gives  the  precept  distinctly,  and  adds  tbe 
reasons  (G.  I.  63.)— 


So  also  different  crops  were  sown  at  different  seasons,  mieat,  aa  among 
oniaelves,  might  be  sown  twice  a-year,  towards  the  cluae  of  autamo,  and  in 
apring,  the  latter  being  called  trimeai™  salio,  because  the  grain  was  reaped 
about  three  montb*  after  it  was  sown.  Tirgil  speahs  of  the  aatnmn  sowing  only, 
and  taya  that  the  farmer  ought  not  to  commence  before  the  latter  end  of  October 
(G.  1.219.)— 

At  si  triticeam  in  messnn  mbaitiiiDa  fun 

Eiembia  fanRiam,  Bolisqn*  insCabis  iriitis, 

Ante  (iU  Kom  Atlantidea  abccanduntDr 

DtUU  qnaai  sukia  CO 


AflBICU  LTDKB— CItOra.  &S9 

Id  like  mamiN'  the  poet  tella  ns  that  hordeum  (barley),  linum  (Sax), 
papavera  (poppies),  vieia  (the  Tetohl,  and  fatelaa  (the  kidney-bean),  ought 
to  be  lown  about  the  be^nolng  of  November,  but  faha  (the  bean),  medica 
(locenie),  and  mUium  (mlllel),  in  spring.  Even  here  the  pnctice  viiried  in 
difierent  parts  of  Italy,  for  Pliny  remnrki  npon  beaa  sowing  that  Virgil  deicribes 
the  usage  of  hie  native  province  on  the  Po,  while  in  central  and  wDthera  Italy 
beans  irere  eonimonly  sown  in  autnmn. 

Under  the  bead  of  Ttmpora  iroald  fatl  the  congideration  of  days  propitiona 
for  work  (Jelices  o^erura)  and  those  on  wliidi  it  was  uolncky  to  commence  any 
nnderiaking  (G.  1.  276. >— 

Ipaa  dis  alioa  alio  dedft  ordine  Luna 
Faliees  opsnun — Qointam  foge,  &a. 

— moreorer  certain  ta«k«  coald  be  peifonned  without  impiety  even  on  daya 
consecrated  to  the  gods  (G.  I.  268.)— 

Qiappe  etiam  fcBtia  qnaedam  aramn  ^btu 

— Bome  oecopa&ina  con)d  be  prosecuted  k  bad  weather  (6.  L  209.) — 

i  agrimlaia  u  qiundD  condnat  imber 


£St1 


—some  eren  in  winter  (6. 1.  S91.)— 

Et  qcidam  Mioa  liilMmi  ad  Inmiait  ignea 
Panigilat    .    .    . 

—nay,  particolar  botua  of  the  day  were  regaided  aa  pecnliarly  appropriate  to 

certaiD  toita.     Thag  gTaas  and  itubble  were  best  cnt  during  the  night  or  in  the 
early  morning  when  the  ground  was  still  wet  with  dew — 


while  ploDghiDg,  sowing,  reaping,  and  thraehlng  succeeded  beat  during  the 
noontide  heat  (6. 1.  207.)— 

At  mbicnnd&  Ceres  medio  ncdditur  uatn 
£t  medio  toataa  aeatn  tarit  area  frngea. 
Kudos  an,  sen  uudua.     .... 

Under  the  head  of  Tempora  would  fell  also,  in  uicient  times,  that  knowledge 
of  astronomy  which  tanght  the  rnstic  to  determiiie  the  diSereut  epochs  of  the 
year  by  obeerring  the  position  of  some  cmispicaoua  itaca  and  oonatelUtiona 
with  regard  lo  tbe  bud  (G.  I.  267.)— 

Keo  ftustra  ngnomm  obitos  spcralamor  at  ortna, 
and  alao  that  familiarity  with  cert^n  natnral  appearanoei  which  enables  tbose 
who  have  resided  long  in  any  parlicnlar  locality  to  predict  changes  in  the 
weather.  These  prognostics  were  termed  by  the  Greeks  ^lesuftfim,  and  tbe 
poem  of  AratDs  bearing  that  title  has  been  closely  foUowed  by  Virgil  in  sereral 
passages  of  the  &rtt  Georgic. 

€nr; — We  may  now  briefly  enamvate  tbe  chief  cropa  eakiraied  by  ihc 
Eomaua,  the  objects  of  the  variooi  operaUons  detailed  above. 


540  iGBiouLTUBE— ciova — wnxnas  or  cbon. 

1.  Cofn  Grope  (Jrumenld). — Of  these  the  n 
of  ihii  Mreal  two  dislinet  Bpedes  were  in  comm 

Far,  uid  to  have  been  the  grain  Ent  cultivated  In  lUij,  is  the  species  known 
to  boUniiti  u  Triticum  Sp^a,  or  Spell  Wheat,  and  ii  itill  raised  on  high  mid 
poor  loils  in  oentnl  Eorope.  It  it  mncb  coaraer  ihui  common  wheat,  and  tiie 
ha»k  adhere*  lo  closelv  to  the  grain  thst  it  ouiddI  be  separated  bj  thrashing, 
bnt  mnat  be  removed  hj  a  process  simiUr  lo  that  applied  to  oats  and  bariej 
before  the;  are  gronnd  into  meal.  This  operation  was  designated  hj  lbs  verb 
pituere,  the  place  where  it  nas  peifonned  ae  pislriiium,  and  the  workman  aa 
piitor,  words  which,  strictly  speakiog,  sre  dislinguielied  fi^)m  moUre  and  its 
derivatives.  Bat  in  ancient  times  the  grain  was  tiusked,  groond,  and  baked  in 
the  aame  place  and  by  the  same  person,  and  hence  palrmuta  frequently  denotes 
S  milt  or  a  bakehouM,  and  pistor  nsnaily  signiScs  a  }taker. 

Tritieum  seems  to  liave  been  specifically  the  same  »itb  the  wheat  cnlti- 
vated  l^  ourselves,  and,  like  it,  admitted  of  many  varieties,  the  most  common 
of  which  were  Siligo,  Robur,  Ador,  and  Semen  Trinitttre—lbe  last  we  may 
identify  with  our  spring  whesL 

Uordaim  (barley)  also  was  collivated  largely,  and,  lo  a  more  limited 
extent,  Milium  (millet)  and  Secale  {rye).  Avena  (the  oat)  does  not  sncceed 
in  a  climate  so  hot  as  that  of  Italj',  and,  wlien  sown,  was  probably  cnt  green 
for  forage. 

2.  leguminous  Crops  {Legamina). — Of  these  the  most  important  were — 
Faba  (the  bean);  Pwum  (the  pea);  Faselia  (the  kidney  bean);  Vicia  (ilio 
vetoh);  Leiu  s.  Ltnticnla  (the  lentile);  Cicer  (the  chick  pea);  Lupinia  (the 
lupineY 

3.  Forage  Crops  (Pabula). — Of  these  the  most  important  were — Foenum 
(hay);  Medica  (Inceme) ;  Ervnm  (lares).  It  was  common  to  sow  together 
various  kinds  of  grain,  tares,  and  vetches,  and  to  cut  the  whole  when  green, 
such  a  combination  being  called  _/(irro^a. 

To  tbis  class  belong  Napia  (rape),  and  Rapum  (the  tnraip),  which  wen 
extensively  cultivated  in  GaoL 

4.  Crops  cnllivaled  for  their  flbie.— Of  these  the  diief  were  Liiiiim  (Sax), 
and  CanaabiM  (hemp). 

6,  Crops  onllivated  for  the  sake  of  other  crops. — To  tbii  elasa  belonged 
Aruttdo  (the  reed),  exteneively  used  for  the  sappoit  of  vines,  and  SaUx  (the 
taier)  emploj-cd  for  withes  and  baikets. 

Papavera  (poppies),  which  were  raised  for  the  sake  of  the  oil  which  they 
vtelded,  cannot  be  conveniently  ranked  under  any  of  the  above  heads. 

aimmurlmg-  Fnllowa — RciaitoH  mf  Crap^  &C.— Jjind  will  not  continue 
to  produce  crops  for  an  indeSnite  number  of  years  in  succession,  nnless  means 
are  taken  lo  stimidate  and  reonit  its  poweia.     This  may  be  effected  in  two 

1.  By  repose.  2,  By  the  application  of  nantne  (ttareorat!o),  oombined 
with  a  ohange  of  crops. 

The  usual  practiee  among  the  Bomttns  was  to  allow  oom  land  to  lie  falknr 
eve^  alieiiutte  year.  Tbis  is  evident  from  the  precepts  of  Virgil,  who  enjmns 
the  brmer  lo  plough  rich  land  eaily  in  spring,  and  to  sow  late  in  antnmn,  thus 
implying  thai  the  ground  remained  nnproductive  during  the  interral.  This 
system  of  &ianner  Fatlcias,  as  it  is  called,  prevailed  extensively  in  EogUnd 
tmtit  k  recent  period,  but  has  now  been  in  a  great  ineasare  iopenedwt  bj 
unproved  modes  of  oolture. 


:,  Google 


AaBICDLTUBE— BOrAtlOK  OT  CHOPS.  Ml 

Some  Und,  however,  wu  DatDrallj  bo  ricli  tb&I  it  «u  cropped  every  year, 
and  bence  whs  called  Ager  retlibihi;  but  in  thi»  eue  h  wu  neoenary  t« 
apply  manure  libenll;.  Oo  Ibe  other  hand,  Notalt,  or  Ager  Novaii»,  u  tbs 
lenn  communly  DKd  to  deaifjuxte  Und  vbicli  wae  allowed  to  repose  for  a 
year,  and  tlieu  broken  op  airesb — Novale  est  quod  allemia  annis  leritur. 
Again,  Vercactum,  wbich  properly  elgniRce  land  ploughed  in  ipring — guod 
vtre  lemel  aralnm  est,  a  lemporii  argnmenio  VBkVACrt'K  vocalur — ia  abo 
cfipoMd  to  Ager  ratibilis,  becsuee  laad  ploughed  in  spring  vu,  geaerallj 
■peaking,  not  sown  noli]  the  fbHowing  antnmn,  and   theretbre  tested  for  ■ 

The  ancient  agricultariiit  whb  fuMy  alive  to  tho  importance  of  collecting  at 
DiDch  manare  (jiferciu)  as  pouible. — SteniuUinium  magnum  Made  ul  habea»: 
tlerait  eediiUx  eonserva,  are  the  words  of  Calo,  and  minute  diremioos  are  given 
for  preparing  and  applying  it.  Varro  recommends  tlie  formnlion  of  two  dung- 
biltB  {Sltrquili-nia').,  Or  ooe  large  dungiiill  in  two  dlvlsJoDS,  close  to  the  tarm- 
bouaa  {lecundMm  viltam),  one  fur  old  and  well-rotted  dnng  ready  for  use,  the 
other  ae  a  receptacle  for  ail  fresii  additions.* 

But  howerer  rich  Isnd  may  be,  and  however  highly  manured,  if  the  same 
kind  of  crop  is  sown  for  several  yean  in  tucceuion  upon  the  same  gronnd, 
it  rapidly  degenerates;  and  hence  tiie  necessity,  well  known  to  tho  ancienta, 
of  wiiBt  is  now  called  a  Ilolalion,  that  is,  ilf  varying  the  crops,  so  that 
«orn,  Icguminoiw  plantt,  and  forage  shall   succeed   each  otiier  in  a  certain 

Tlie passage  in  Vii^l  (G.  I.  71.-83.)  in  hIiIcIi  he  touches  upon  this  tlieme  ia 
Romexhat  obacnre,  and  has  been  varioosly  interpreted,  but  the  true  meaning 
•eema  to  be  aa  follows : — 

1.  The  exhausted  energies  of  [he  soil  may  be  recruiled  by  a  summer  falfow — ■ 
by  allowing  the  ground  to  remain  uncropped  every  other  year  (attemu  annit 
eeaare),  71.  72. 

2.  But  if  the  extent  of  the  farm  is  not  sufHcient  to  admit  of  this,  the  same 
object  may  be  attained  by  varying  the  crop  in  sucli  a  manner  lliat  com 
(Jiirra)  shall  be  succeeded  by  green  crops,  such  as  vetches,  beans,  and  lupines, 
73.-76. 

8.  However,  flax,  poppies,  and  oats  must  be  excluded  from  the  rotation,  tor, 
allliongli  the/  are  not  com  crops,  ibey  scourge  (urutit)  the  ground,  and,  there- 
fore, cannot  be  employed  to  recruit  it,  77.  70, 

4.  But,  if  yon  keep  fax,  Eio.,  out  of  your  rotation,  it  will  be  easy  work  for 
the  land,  although  ynn  crop  it  every  year,  provided  you  vary  the  crop  (altemit 
enimfacilia  labor'),  and  give  the  ground  plenty  of  rich  manure,  for,  by  a  change 
of  cropa  tbe  land  does,  as  it  were,  find  repose,  and  thus,  although  not  yielding 
com,  is  not  altogether  nnpTodnclive. 


Sic  vunliia  DiBtUIl  mtaiMciint  fDeUlmi  irv 
its  ttaa  iltBiiUlni  of  ■  grHD  en 


AORICDLTUKE — PKOPIOATIOX  OF  TSEXa. 


tt  TMcm.— Tii^  (G.  II.  9.)  eoten  upon  this  portua  of  hi* 
•Bbjeot  bf  duCTibiug  the  different  wayi  in  whicb  Ireea  ue  propagaud — 

Fiiodpo  uboribiu  niia  at  nitura  cnuiilis, 

and  of  theM  be  ennmeratM  nine,  three  n*tnral  and  lix  artificul.* 

IfsUiTvI  ndkMlB.  (/^<"  naiura  modoi  primum  dedit,') — 1.  Some  trees 
■pring  np  and  cover  the  poand  ipontaneouslj  (i/iunle  mo),  the  boi]  prodacing 
them,  apparentl;,  withoDt  leed.  Sach  are  broom  {humila  genutae),  oaiera 
(moUe  liUr),  and  natnral  copse  {fraticta).  2.  Olhtrs  spring  from  vefi  which 
has  been  Tiaibtj  dropped  {posito  de  lemine).  3.  Othen  are  multiplied  bj 
■ncben  (Ptdlulat  ab  radice  aliii  dmsisiima  tilvd). 

ARUeial  neih*4«.  (Qiwt  ipie  via  Mi  reperit  unu.) — 1,  Tearing  awmy 
the  suckers  (jtlanlae)  and  planting  them  out  in  tegnlar  treuohes — 


2.  Cntling  off  portione  of  the  root  (_itirpa')  and  bnr^ingp  them  in  the  ground 
either  split  across  {quadrifidat  sudes),  or  sharpeaed  to  a  point  (acuta  robore 
iaIio»).  3.  By  layers  {pressoa  propaginit  areiu),  4.  By  slipe  or  eattinga 
(nil  radicis  tgtitl  aliat,  &c.)  b.  By  planting  pieces  of  the  solid  wood,  as  in 
the  propagation  of  the  olive — 


Troditnr  t  ucco  md^jc  oleagiaa  ligno. 

6.  Bj  giaftiag  or  badding  (inierere — imilio — ocNloa  imponere). 

Ifithout  direlling  longer  upon  trees  in  general,  we  may  at  once  pass  on  to  the 
consideration  of  those  two  which  were  of  paramoont  importance  to  the  Italian 
agrjcnlturist — the  itine  and  tlie  ollce. 

ChIUtuIsd  af  tha  Tine.' — When  a  farmer  was  abont  to  form  a  Tioeyard, 
the  first  inquiry  was  whether,  taking  into  account  the  drcomstanoes  of  the 
locality,  it  would  be  advisable  to  select  a  level  spot  or  sloping  gntond  (G.  IL 
273.)— 

Collibni  so  plnno  melius  ait  poners  rit«m 
Quaere  prios.    .    .    . 

It  was  well  known  that  a  larger  qnautit;  of  grapes  could  be  obtained  from  rich 
low-lying  land,  bat  that  the  qunllty  of  the  wine  grown  upon  light  hilly  soil  was 
soperior— /ere  aaltm  omni  statu  iocorum  campeslria  Utrgitu  rinam,  *ed 
iucimdias  affennl  coUina  (Colum.  III.  2.)  Tlie  site  having  been  fixed,  the 
next  care  was  to  select  those  kinds  of  vine  which  were  best  suited  to  the  place, 
no  easy  task,  for  the  varieties  known  to  the  ancients  were  so  nwuerous  that 
Virgil,  after  enumerating  a  few,  excUins  that  it  would  be  more  easy  to  count 
the  waves  or  the  sands  an  the  sea  shore,  than  to  examine  all  the  different  kind* 
and  rehearse  their  names  (G.  II.  103.  comp.  Colnm.  III.  2.) 


ic  K.  L  a  U.  n.    niDy  d-eJIa  moch  nnm  the  tIi 

n.  aMii«)CUo,B.B.»aa«i;S9.4j.u.4».  II 


tHokilllLIV.V.VI)  tDlbsnltln 
■arm  In.iehM  varj  UjrhCljr  on  the  uM 
a.  X.  XVlLapKUUrliiclu,pten31. 


A0R1CCLTUBE— OaLTlVATIOK  OF  THE  vmx.  HS 

,   Ration  of  iha  Vine. — Several  method*  are  meotioned  byRndentWRlen, 
Tirgil  seemK  «peoialljr  to  approve  of  ibat  by  tsjera  (G.  U.  C2.) — 


Propagc 
and  Tagd 


bnt  the  ooe  generallj  adopted  was  th&t  hy  malleoli.  The  malleolia  wu  a 
jODDg^  shoot  cnt  from  the  vine  with  a  sioall  bnob  of  the  wood  of  the  preceding 

Cr  projecliDg  on  each  ude.  ho  bb  to  preaeut  the  foim  of  a  little  hammer,  and 
ce  tbe  name.  Columbia  desciibea  it  most  dietincUjr  (III.  0.) — Malleolus 
autem  noveUu3  est  palmet,  innatwi  priorix  anni  Jiagello,  coffnominatumiui  a 
timiHludine  ret,  guod  in  ea  parte  quae  decidiUir  tx  veltrt  mrrnenlo  promxneai 
utrinqae  walleou  gpeciem  praebet.  The  malleoli  were  planted  out  in  a  ddt- 
seiy  (seminariam  viliariam),  the  soil  of  whioh  woe  prepared  for  their  reception 
bj  repeated  diggingg,  and  those  who  were  moet  careful  selected  ibr  this  purpoee 
a  spot  resembhng,  as  closely  as  might  be,  in  quality  and  exposure,  the  ground  to 
which  they  were  ultimately  to  be  transferred  (G.  U.  268.)  — 
Motatam  ignorent  rabito  ne  wmioa  matmn. 

At  tbe  end  of  three  yean  tbe  malleoli,  having  in  the  meantime  been  properly 
pruned,  had  formed  vigorona  roots :  hence  they  were  now  termed  Viviradices, 
and  were  ready  to  be  transplanted. 

The  vivaridicei  were  planted  ont  in  tbe  vineyard  which  bad  been  prepared 
for  their  reception  in  one  of  three  modes  (Plin.  H.  N.  XVII.  35.)  1.  la 
paitinalo,  i.  c,  when  the  whole  surface  had  been  deeply  trenched,  and  the  soil 
completely  pulverized  by  repealed  manipnlationa,  this  was  regarded  as  tlie  belt 
mode.     2.  In  tulco,  i.  «.,  in  trenche*.     3.  In  icrobe,  i.  e.,  in  pita. 

In  any  case,  the  yonng  plants  (leinina)  atood  in  parallel  rows  Sordines), 
those  in  each  row  were  placed  at  equal  distances  from  each  other,  and  tlie 
distance  between  each  of  the  parallel  rows  was  equal  to  tbe  distance  between 
each  plant  io  the  row  ;  so  tliat  each  vine  had  exactly  the  aame  amount  of  free 
space  all  round.  The  distance  between  each  vine  varied  In  difieieut  localitita, 
acegidinf  to  the  quality  of  the  soil — 

....    SI  pingiUB  agios  metsbtire  campi, 
DenBA  Ben,  in  deiuo  una  segniar  uben  baccbus ; 
Sin  lumalis  adcliie  solum  coUiiqae  aupinoi 

According  to  Pliny,  the  distance  in  the  richeat  land  was  not  leas  than  fbnr,  and 
in  the  poorest  not  more  than  eight  feet;  butothen  allow  an  interval  often  feet. 
Down  ihe  middle  of  the  vineyard  ran  a  road  called  Limes  decamanus,  or 
■imply  Dtcumanui,  eighteen  feet  broad,  so  aa  to  admit  of  two  carts  paasing 
each  other;  a  aeiiea  of  naiiowei  paths  oalled  temitaeoT  viae  were  formed,  some 
parallel,  and  others  at  right  angles  to  the  decumanas,  the  distance  between  tbe 
eaaiUie  being  always  the  same.  In  this  manner,  tbe  whde  vineyard  wai 
divided  into  square  plots  of  equal  siie,  which  were  termed  anlei,  horti,  or 
horltdi,  each  horlus  containing  one  hundred  plants.  Tbe  drcumstance  that  the 
viiM  or  ttmitae  were  all  either  at  right  angles  or  parallel  to  the  dtcumanuM, 
ii  indicated  by  Virgil,  when  he  eaye— 


Arbonbns  poaitls  a6cto  vi^  Jii 


".oogic 


AQBICDLTtlRK — CCLTITATIOK  OT  TBE  TDIS. 

implj  ia  ordinuj  rotra— 


i  KDretimas  ammged  io  the  form  called  a  guuicuaz'— 


Support*  Jbr  Ihe  Vines. — On  Cbe  maDaar  in  which  the  Tioea  irere  snpporUd 
depended  the  [sdiDical  dutiaction  between  an  Arhuttum  and  a  Vinea  or 
Viaetum  proper. 

In  an  arbiistum  (i.  e.,  arhoruettmi),  the  vines  were  soppoited  bj  growing 
trees  planted  for  this  parpoaa  in  rows  at  regnlar  inten'als,  the  ground  betweett 
the  rows  being  freqoently  cultivated  for  other  cropi.  The  trees  most  commonl/ 
emplojed  were  the  elm  (jdmiiqae  aditingere  vila)  and  the  poplar.  The  unioo 
between  the  fragile,  yielding,  fruitfnl  vine  and  the  sturdy  stock  hf  whioh  it  waa 
BUBtained,  was  frequentlj  compared,  both  by  poetE  and  proae  writera,  to  the 
marriage  itate;  hence  ^c  celebrated  simile  in  Catullus  LXII.  49  aeqq. — 
Ut  ^duB  in  DDda  vitia  quae  nasdtnr  arvft 


and  tb«  aipntdon  of  Horace  when  deacribing  tbe  ponuita  of  a  rural  IIA  (&wd. 
U.9.)— 

It  sdnlu  vitiuia  prapig^ 
mmritat  popolos. 

Sometimes  the  trees  in  itn  arbuiOtm  were  not  allowed  to  rise  higlier  than  fifteen 
or  twenty  feet,  which  U  the  general  practice  in  maoj  parts  of  northem  Italy  at 


'•sz 


la.  m.  IV.  le.  N.  X  n 


iI.lLXTIILU.    I 


^olizodbyGoOglc 


10BlCOI.TDBE^^:ni.TITAT10a  OP  THE  VIKE.  Mo 

presenipbm  frequenil7werepermitt«d  to  attain  lo  their  full  height,  u  ie  common 
to  tliis  Aaj  in  CampHEiiii.  In  tlie  tatter  caw,  the  branches  were  pruned  in  inch 
a  manner  »t  to  preieat  n  scries  oT  elorejs  or  stages  called  labulata,  and  to  these 
VirgU  allodee  (G.  U.  361.;  comp.  Colum.  V.  0.)— 

,    .     .    Snicmuqoe  seqni  tsbnUti  pei  nlmoi. 

In  the  Vinea  or  Vinetum  proper  llie  vines  were  either  left  to  trail  npoa  the 
ground,  partially  supporting  themselves  (tparsii  per  terram  palmiiitmt  mil  per 
«t  vite  iubrecta—?\ia.  XXXV.  G.).  as  we  now  «ce  them  in  some  parts  o( 
Provence,  or  tliey  were  supported  (ri'ie*  pedalae)  by  props  (adminicuta — 
pedomenta),  which  were  either  entire  sticks  (,paU),  cr  pieces  of  deft  limber 
(ridieae.)  Again,  the  vine  was  either  aluched  to  n  single  upright  support 
{adminiculum  sine  tugo),  as  in  all  the  finest  vineyards  of  modem  France,  or  to 
two  uprights  and  a  cross  piece  {pedalae  simplia  iugo),  or  they  were  trained 
upon  a  sort  of  trellis  formed  by  four  uprights  set  in  the  angles  of  a  square,  and 
connected  by  crow  pieces  at  top,  so  as  to  form  a  kind  of  roof  (complaviatae 
^adniplici  iugo),  both  of  tlie  hut  mentioned  arrangements  being  still  vcr/ 
common  in  Italy-  Tlie  cross  pieces  vthicli  fonned  the  connection  at  top,  were 
either  poles  (jierlieae),  or  ropes  (/unieuH),  or  strands  of  hair  (tTi'ne»). 

Different  operaliuna  perforvted  on  Ihe  Vine. — Bolb  when  in  the  Scmiaarium 
and  after  it  had  been  trsiisplanted  to  the  Vinea,  tho  young  vine  was  repeatedly 
cut  down  nearly  to  the  ground,  in  order  that  the  roots  might  acquire  vigour,  and 
was  not  allowed  to  bear  fruit  until  the  seventh  year — anlcquam  teptimum 
annum  a  earcuto  compUat — Plin.  H.  N.  XVII.  35.),  but  when  the  vineyard  was 
in  Aill  bearing,  the  ordinary  operations  performed  each  year  wero  four — 
1.  Panlinatio,     2.  Pampinaiio.     3.  Putalio,     i,  Ablaqaealio. 

I.  Ptutinatio,  i.  e.,  trenching.  The  whole  vineyard  was  dag  three  or  Ibni 
limes  at  least  each  year  (G.  II.  398.)— 


the  instrument  usually  employed  being  the  Bidena,  which  is  still  in  common  nie 
for  the  same  purpose,  although  tho  plough  waa  ooeationally  resorted  to. 

2.  Pampinalia,  i.  o.,  leaf- plucking.^ A  portion  of  the  vine  leaves  were 
removed  by  the  hand — omne  Unandum  fronde  ntmm — twice  eacli  year ;  unce 
in  spring  before  the  plant  began  tn  blossom,  and  again  in  aolnmn  after  the 
grapes  were  formed,  in  order  to  admit  the  sun  freely  to  the  fruit. 

3.  Paiaxio,  \.  e.,  pruning.— The  superfluous  slioots  {sarmenta)  were  nsiinliy 
pruned  off  after  the  conchision  af  (he  vintage ;  the  knife  employed,  called  Va\x 
Viaitoria,  waa  of  a  pecniiar  form,  and  has  been  minutely  described  by  Colu- 
melhi,  IV,  2.;  and  represented  above,  p.  635. 

4.  Ablaqaealio. — This  operation  was  performed  late  in  October,  itnd  con- 
ustcd  in  digging  rannd  the  vine  so  as  to  expose  the  upper  portion  of  the  roots ; 
those  which  approached  within  eighteen  inohes  of  the  surface  were  ioppcd  off, 
the  mnainder  were  left  open  to  the  weather  for  a  longer  or  shorter  period 
according  to  the  dimale,  and,  before  the  hole  was  filled  up,  a  little  manure  was 

...     (j,,^,^  ;n_ 


With  regard  to  the  vintage  (vindemia),  the  treatment  of  the  grapes,  and  tha 
proceM  of  making  and  preserving  wine,  we  have  already  spoken,  p.  491.' 

iS*«Ciit(iR.K3&afLSI.  41.-4S.*LM.-e8.M.lDailT.-llB.    VimIl.B.LM.U.<O.M, 
•a    ColoD.  IL  B.  liL  IT.  VL  f.  T.    FUn.  H.  N.  ZVU.  A 

2n 


U6  AaKICDLTUBK— CTTLTTVATIOir   Of   THB   OUTE. 


CaiMM  af  the  oHtb — While  th«Tme  demanded  constant  wateUalneaa  and 
nceatin^  toil,  the  managcmeDt  or  the  olive  vxb  bo  eaaj  that,  comparativelj,  it 
Mi^t  be  raid  to  require  no  oaltivation  (G.  II.  420.) — 

CoDtn,  Don  nlk  sst  olaia  coltnn.         .    .     . 

The  operation  of  Ablaqueatio,  the  same  a«  that  described  above  in  the  c««a  of 
tiw  vine,  performed  each  aDtamn — the  ocoasional  iooeening  of  the  soil  in  tba 
oTive-fard,  either  irith  the  Bident  OTltK  plongb— andpmningat  longintervab, 
were  enfficient  to  keep  the  plant  in  health,  and  to  secnra  abundant  cropa — [bn* 
Columella,  T.  9. —  QuinttiamcotnpluribtuinterpontaaTmiioUvetumpiitanibim 
est:  nam  veleria praverbii  tneminitse  eonvenil,  earn  gui  aret  olivelian,  rogare 
fivetum ;  qui  ilereoret,  exorare  ;  qui  caedat,  cogert. 

Propagation  of  the  Olive. — The  mode  geoerail]'  adopted  wai  onrious.  A 
teminarium  liaving  been  careFully  prepared,  young,  long,  healthy,  frnitfbl 
bnucbes,  about  the  thicknewi  of  a  man's  wriet,  were  detached  from  a  fall  grown 
tree.  These  brancbea  were  cut  tranivereely  into  sectiona  etghteei  iniAee  in 
IcngUi,  wMcli  an  called  tranci  by  Tirgil  (G.  II.  68. )•  ^^  taleae  by  CoInmellK. 
The  extremitiM  of  the  laUae  were  smeared  over  with  a  miitare  of  dung  and 
wbes,  and  then  planted  in  the  leminarium  to  aoch  a  deptb  that  the  top  oftha 
(oiea  should  be  three  incbes  under  tbe  aorface,  oare  being  taken  at  the  samo 
time  that  tbe  extremity  of  (he  tatea  which  was  uppermost  in  the  parent  branolt 
^ould  be  nppennoit  in  the  ground.  At  the'eud  of  five  yean,  tbe  planti,  having 
been  regularly  cleaned  and  pruned,  had  become  little  trees  (arbnteulae),  and 
were  fit  to  be  transplanted  out  in  the  Olivetum.     (Golum.  T.  9.) 

There  wae  aDOltier  mode  of  propagating  the  olire  known  to  TirgU,  whidt 
wnuiated  in  cutting  np  the  trunk  of  an  old  olive  tree  into  small  billets,  for  these. 
If  planted  ont,  wonid  germinate  (G.  II.  30.)  This  practioe  ia  still  ocoasionallj 
followed  in  Italy,  where  the  stock  is  divided  into  pieces,  resembling  a  mushroom 
iu  afaape  and  uze,  from  wbioh  circumstanoe  tbej  are  oalled  novoli. 

Gathering  Ike  Olivet. — The  olive  harvest  (pUitOM)  aaualiy  took  place  tn 
December.  Tbe  olives  were  first  cruslied  in  a  sort  of  mil]  (mola  otearia)  and 
then  snbjected  to  the  aation  of  the  oil  press  (trapttum — terixur  Siegonta  bacca 
fropelu').  With  regard  to  tbe  oil  (^Olivum,  Oleum)  Ihns  obtained,  nothing 
used  be  said,  but  there  was  another  prodact  called  amiirca,  the  nature  of  whi(£ 
ia  freqDtntly  misunderatood  in  consequence  of  the  somewhat  inconaistent  eipla- 
■atiaasof  lexioc^iaphen,  who  render  the  word  Ueso/oil,  or  scum  o/oiL  In 
fact,  the  pnlp  of  tbe  olive  (euro),  when  ezpreased,  jieEda  two  distinct  fluids,  oil, 
and  a  dark  colouied  wateiy  flnid  heavier  than  tbe  oil.  This  dark  ooloared 
watery  fluid  is  the  amurca  of  the  Romans,  the  dfttfyi  of  the  Qieeks.  and, 
although  not  an  article  of  food,  was  need  by  the  andents  for  a  great  variety  of 
porpoies,  many  of  which  are  onnmerated  by  Pliny  (H.  N.  XV.  8.  3X1II.  S, 
Comp.  Vi^.  G.  L  194.  III.  448). 

n.  Fabtio  8.  Baa  Pabtobicu  a.  Res  Fecoabia. 

Technically,  Agrictdtara  is  opposed  to  Patlio;  Colotuu  to  Paeb>r;  and 
descending  to  subdiviBiona  SegUet  to  Praia ;  Arator  to  OpUio;  BoMt  domiti 
to  Armattam ;  Bubuhua  to  Armentoriiu. 


AOKaivuniitK—risno.  647 

PfoHo  inclnda  areiTthuig  connected  wilfa  providiag  and  muiaging  stock. 
The  diTJaioD  of  the  general  term  Pattto  into  Paitio  Agrtsta  aod  PatlU) 
VSlMiea  ire  hare  alreadj  expluDed. 

1.  Pastio  AgraGt.^ 

Tbt  different  kinds  of  domeatio  Rnimali  conprabended  under  tbii  head  woe— 

I.  Ovu  (tixep);  2.  Caprae  (goata);  3.  Sua  (iwine);  4.  Bova  (kine); 
5.  Asini  (usee) ;  6.  Equi  (hoiBet) ;  7.  Muli  (mulee)  ;  to  whicli  were  added 
—8.  Canei  (doge) ;  S.  Pastores  (shepherds  and  berdemeD). 

rrarMliiB  Slack.' — The  mattera  to  be  inquired  into  wben  providing  a  tlook 
of  domestic  animali  (in  pecoreparando)  were  foai — 1.  The  age  (i^  attale); 
3.  The  breed  {quo  teminid) ;  S.  The  points  ((pta  forma) ;  1.  Tlie  legal  fomu 
orpnroliasa  and  warrant}'  (^Hipulotio). 

MbhbsIkb  atwsk.' — Snilable  stock  hsTiag  been  provided,  tbe  milters  to  be 
considered  in  reference  to  management  were  five— 1.  Feeding  (ptufio);  2.Breed~ 
ing  (^foetura),  ezteoding  a  eoaeeplu  adpartum;  3.  Bearing  the  jonng  stock 
(nufricoftis)  ;  4.  Preserving  tbe  stock  in  health,  and  applj'ing  the  proper  tetne- 
diea  in  disease  (samtas) ;  5.  Determining  tbe  proper  numbers  (numeriu),  that 
is,  the  total  nomber  of  animals  to  be  kept ;  the  nnmber  of  each  kind ;  tbe  pro- 
per eiie  of  eaoh  flock  and  bcrd ;  tbe  relative  proportion  of  males  and  females, 
of  full  grown  and  of  jtoiuig  animals  ;  the  amount  of  surplus  stock  (raicalae — 
deUctJU  qaoloMaii  Xabei^vt  et  raicTilae  Teiiciundae,  Tarro  R.  B.  II.  6.)  to  be 
got  rid  of;  and  the  selection  of  joting  animals  to  be  reared  for  supplying  vacan- 
cies, a  process  technically  eipr^sed  bj  the  verb  mhmittere,  e.  g.,  Varro  S.  B. 

II.  3. — Hoedi  Irimatra  cum  sinl/acH,  turn  mbmiUanlar  el  in  gregt  incipiunt 
ttte;  and  Tirgil  G.  IIL  169.— 

Et,  quoa  ant  pseori  malinC  inibmitters  faabendo. 

A  complete  treatise  upon  Piutio  wonld  embrftoe  full  information  on  each  of 
tbe  above  nine  points  in  reference  to  each  class  of  animals  separately,  and  in 
addition,  in  treating  of  sheep  and  goats,  it  would  be  necessary  to  enter  into  some 
details  with  regard  to  shearing  {tonsara)  and  cleaning  wool  and  hair,  and  a 
separate  chapter  would  be  required  upon  dairy  produce  {de  laete  tl  ccueo), 
i  subject  on  which,  under  the  title  ivpotaita,  mncb  was  written  by  the 
Greeks. 

Before  entering  upon  any  details,  we  must  call  attention  to  a  droumstanoe 
connected  with  the  management  of  large  flacks  and  herda  in  Italy,  which  arose 
OQt  of  the  physical  coufbrmalioo  of  tbe  country,  consisting  as  it  does  of  exten- 
sive level  plains,  dry  and  parched  in  summer,  but  yielding  abundant  herbage 
after  the  rains  of  October,  these  plains  being  intersected  throughout  the  whole 
length  cf  the  peniosnla  hy  a  lolly  and  rugged  moontain  range.  '  These  moun- 
tains are,  in  many  iliatricts,  covered  with  dense  forests,  and  afford  abundant 
pastnre  and  shelter  from  the  sun  during  tbe  summer  months.  Accordingly,  aa 
soon  as  the  heats  set  in,  all  tha  flocks  and  herds,  except  those  employed  in  agri- 
cultural toil,  and  thoae  for  nbioh  there  was  accommodation  in  tbe  buildings  of 
tbe  faim,  were,  and  still  are,  driven  from  the  arid  expanse  of  Apnlla  to  tbe 

iTba  SKSDdBook  at  VanoileB.K.  sad  tHa  SeTanth  udKlatithgfCtdanalUMeiantsa 
to  PatUc  AaraHi. 
»  Vuro  i  a  IL  1, 
>  Tiiro  B.  H.  IL  L  .    ^-~  < 

I     ,l,;<,i:..,C-.OOylC 


648  l<lRICin.TDRe— PABTIO. 

Lncanian  nni]  Calabriitn  liilU.  find  from  tlie  Tuscan  Mxremmaanil  the  CumpHgiia 
of  Rome  to  tlie  Samnite  anil  Saliinc  ranges,  retnminfr  Hgni<i  to  llie  milder  cliniite 
oftlie  low  country  at  the  end  of  autumn.  The  cammunicitioiu  between  llie 
liigli  anil  loiv  lands  were  kepi  open  bf  drove  roniU  (caWej),'  wIlioIi  now,  u  in 
ancient  liaics,  nre  tlirungeU  tui^e  a-year  bj  endlcsi  truops  of  oxen,  tlieep,  and 
goals,  arawmpanied  by  tlic  benlemcD  and  tbeir  ramilies.  Tlieae  mountain  pas- 
tares  trcre,  for  the  moat  part,  the  property  of  the  atate.  and  were  farmed  out  to 
large  contractors  {puhlicani),  by  uhum  tigain  they  were  enb-lct  to  tlie  oirnert 
of  slock,  tlie  sum  cliargcd  being  in  proportion  to  tlio  number  of  animals. 

Tliia  beinz  premised,  we  may  now  say  a  very  few  words  upon  each  of  Ilia 
claascs  of  aniinalg  enumerated  above. 

•>■■««]>.* — The  general  terms  are — Oca,  Oeillum  ptcut^  Pecui  Uniare;  spe- 
cially, Aiiet  it  tlie  ram,  Ovis  the  cn'o,  Vrrve^  tlie  wether,  Agnus  a.  Agna  tbe 
laniii,  Ovile  the  sliecpfuld,  Opilio  the  sliepherd. 

A  distinction  was  made  betneen  the  iiner  and  more  delicate  sheep,  wliidi 
being  kept  upon  the  farm  the  u-]iolc  yenr  round,  were  termed  Geega  Viliatki, 
and  the  more  Dumerous  flacks  whirli  iia>wd  tbe  winter  in  the  low  grounds,  and 
were  driven  to  tbe  forests  and  mouninins  in  samma—Greges  qai  in  talitbia 
paicanltir. 

Again,  iheep  were  divided  into  Orec  Hirtae  and  Ores  Petlitan.  The  Oua 
hirtae  were  those  whose  wool  was  of  an  ordinary  quality,  and  required  no  pro- 
tection :  tlie  OvM  pellilae  were  those  which,  in  consequence  of  the  fineness  of 
their  wool,  were  covefcd  with  skin  jackets  (pellibui  iaieguulur)  in  order  that 
llie  fleece  might  be  kept  perfectly  smooth  and  clean,  and  tlioB  bo  more  easily 
wiisheil,  prepared,  and  dyed — we  lana  inquinetur  guominiu  vel  iujici  recle 
pomt,  Ket  lavari  ei  parari.  Tlie  sheep  reared  in  the  neighboarliood  ofTaren- 
luni  helouged  to  this  vaiicty,  and  to  these  lioracc  alludes  in  tbe  well  kouwu 

Dnica  pellitis  oribos  Galen 

Flnmen,  ot  resnats  petim 

Run  Pbaliuto. 

Suitable  Slabula,  or  covered  pens,  were  provided,  in  which  the  sbcep  and 
goats  found  refuge  during  the  cold  of  winter,  and  the  greatest  care  was  takcu 
that  these  buildiugs  should  have  a  warm  exposure,  and  be  kept  clean  and  dr}-. 
Tbe  general  management  of  the  flocks  during  winter,  and  tbe  system  followed 
in  pasturing  them  during  the  beat  ofaummer,  are  most  accurately  described  by 
Virgil  (G.  III.  205.  aeqq.)  in  a  passage  wbicb  bae  been  closely  followed  by 
Columella  (VII.  3.) 

Mkurp  ■hmrlBK.' — This  Operation,  called  Tamura  Ooium,  was  performed 
between  the  vernal  equinox  and  the  solstice,  after  the  sheep  had  bejun  to  sweat, 
and  during  the  lieat  of  tbe  day  (cum  mdare  inceperunl  ove$),  fur  woo),  wlieu 
impregnated  with  tbe  natural  moisture  of  the  animal  (lana  tucida),  was  heavier, 
soller,  and  of  a  better  colour.  Tbe  fleeces,  when  detached  and  rolled  up,  wen 
cilied  vellera  or  velamina,  terms  from  wbidi  Varro  infers  that  originally  the 
fleeces  were  plucked,  not  shorn,  from  the  animal,  a  system  which,  he  adds,  was 
siill  followed  by  some  persons.  Oees  hirlae,  as  aoon  as  shorn,  were  smeared 
with  wine  and  oil,  to  wbioh  some  added  white  wax  and  lard  {adeps  luilliu) ;  iu 


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


lORICnLTVRE— PAsno.  M9 

the  esM  of  Ova  ptUUae  the  laMt  of  the  jacket  iriu  smeBTed  niih  the  isins 
mixlnre,  and  tlien  it  wni  reiilnceil. 

Osau-' — The  ^nenil  tcnni  are — Capeilae,  Grex  Capriatis-  ipeciHllj, 
Hircvs  a  the  buck  |roat;  Capra,  Capetla,  llie  Xannjr  goat;  Hoedia,  the  kidj 
Caprite,  the  goat  fold;  Coprarita,  the  goat  herd. 

The  maiingenieiit  «nj  feedinj;  of  gnntx  wai  nmcti  Ihe  game  as  that  of  ihccp, 
eiuept  that  the  former  were  more  hardy,  niid  while  eliee|i  |:refcrred  open  piu- 
Inres,  goaU  took  deli|;iit  in  wooilj  regioiiB  nlicie  Ihey  could  olitiiin  abuniiuiice 
of  virynlla,  which  fonned  tlieir  tiivouritc  (bod. 

CoiitB  were  shorn  for  (he  sake  of  tlicir  iinir,  whioli  was  emplaj'etl  in  the  mana- 

factaie  of  a  coane  kind  of  cloth  used  by  toldicrs  and  lailoia  (G.  III.  SU.) — 

Kec  minus  interen  bttrhns  incannqac  menta 

Cinyphii  londmi  hirei,  mftusqiio  comsntM, 

Uuun  in  castreium  a  milcri*  veLimina  niuti*. 

Cloth  of  this  kind  was  termed  CiUcinm,  from  having  been  fint  fabricated  in 
Fhrygia  and  Cilicin,  and  Martial  (XIV.  140.)  meutious  Udonts  Cilicii,  whicli 
mu«[  Jiave  beea  eocka  or  overshoes  made  of  tliui  material. 

BiiHiic.'— The  general  terms  aro—A'aM,  Suillum  genia,  SniUum  peeut: 
specially,  Ferre*  is  the  boar;  i'tu,  the  sow;  StTD/o.thebreediiipiow,  MaiaUt, 
the  cailrated  male ;  Porci,  the  young  pigt,  which,  when  sucking,  were  called 
Lacleiitei;  when  ten  days  old,  being  then  regarded  as  pure  and  fit  for  sacrilicc, 
Sneret;  when  first  weaned,  Ntfrenda  and  Dtlici;  Ham,  the  ptg-slyc; 
Sufciiicu*,  the  swine  herd;  Suilia  Carro,  Saecidia,  pork;  Ptrnae,  liaiiis; 
Petatonet,  Taniacae,  Tomacinae,  flitchea  and  gammons  of  bucon ;  2'omacida, 
pork  saDtagcs. 

Klne.*— Tlie  peneral  terms  were — Bore*,  Buhubim  genui,  Armenileium 
pecm:  specially,  Taurui.  the  bull;  Vacca,  the  cow;  Forda,  a  cow  k  calf; 
Taiira,  a  barren  cow;  Bus,  the  castrated  male;  Vitulas,  Vilula,  the  calf. 
Four  degrees  of  age  were  dialiagUMlied — 1  Vilulai,  Vilula.  2.  /uemcui, 
luvtnca.     3.   Taunw,  Vaeca.     4.    Vetali.     Bubile  la  tbo  cattle  shed. 

Virgil  (G.  III.  157.)  bids  the  Birmer  divide  liia  calves  into  ihree  classes— 
1.  Those  intended  to  form  a  portion  of  the  henl.  S.  Those  reserved  for 
sacrifice.     3.  Those  destined  for  ngrieuliural  lahotir  ibnves  domiti). 

Since  nearly  all  the  heavy  wurk  of  the  farm  was  performed  by  oxen,  it  was 
necessary  lo  set  apart  a  confiidcnible  number  for  lliat  purpose,  and  these  from 
an  enrly  age  were  regularly  trained  according  to  the  system  minutely  described  in 
the  lines  which  immediately  follow  those  referred  to  nbovc.  In  the  same  book 
(G.  in.  51.)  we  End  the  points  of  the  breeding  cow  carefully  spedficd. 

nana.' — The  general  terms  are — £7111,  Pecas  cquinum^  specially,  Eqaat 
tidmistarinM  is  the  stiillion ;  Equa,  the  mare ;  Cantcriiit,  the  gchling ;  Equalui., 
Pallii*,  the  colt;  Eqaile,  the  stable.  Eqiiiso,  Eguarius,  Agaso,  arc  words 
all  of  which  oceiu:  in  the  eoise  of  a  giooot  or  horse -keeper,  but  are  soarcely 
10  be  fouod  in  the  agrumltural  writers. 

In  purchasing,  rearing,  feeding,  and  training  hoites,  it  was  absolutely 
recessaiy  to  have  rc^^rd  to  the  purpose  for  which  the  nnimal  was  ultimately 
deatined ;  whether  for  war  (ad  rem  mililareiii),  fiir  riding  or  draught  (ad 
MClurani),  for  racing  (ad  eursuram),  or  fur  breeding  (ad   admisturam). 


mRB-lLT.    ColuD.  B.  U.  VIL  W 


".oogic 


530 

Btaoe  the  beUtperihu  made  choice  of  a  puticular  kind  of  iteed,  ind  n 
him  ia  a  particalsr  manner,  and  to  the  quadrigarius,  the  dauHor,  and  be  who 
wished  eeclarios  /acere.  It  it  almost  nnnwosary  to  oill  attention  to  the 
■lagnilicent  lines  in  which  Virgil  detcribea  the  high  tued  oolt  (G.  III.  7S.) 

Ah«.' — The  general  and  ipeciattanna  an — Aiinui,  Asellia,  Atina,  PvUn 
Asininiii. 

Wb  have  already  mentiooed  the  pnrpoNS  for  which  aaiei  were  employed  bj 
the  farmer.  Large  herds  nere  chieflj  in  the  hands  of  merchants  who  oaed  pack- 
asses  (oseUi  dm^uarii)  for  conveying  agricnltnntl  prodnee  lo  the  coast  or  to 
distant  marfceta. 

The  assei  of  Arcadia  were  tb«  most  fiunooe  in  Greece ;  those  of  Reate  bote  off 
the  palm  in  Italj,  and  sometime*  broaght  immense  pricea.  Varra  (B.  K.  II.  1.) 
meiilioiu  one  nhioh.in  his  recollection,  had  beenaold  for  60,000  seateices,  aboat 
£600,  and  says  thai  a  team  of  four  had  been  bou^t  at  Borne  for  400,000 
aesterces,  upwards  Dr£S,300. 

Mmitm.'—Mului  and  Mula  are  the  general  tfnns  for  the  hybrid  progeny  of 
the  horse  .ind  the  ass,  bnt,  strictly  speaking,  a  dietinctian  was  drawn  betncen 
the  Mtiltts  and  the  Hinrttis. 

The  Mvlia  woi  produced  by  the  union  of  a  mare  (equa)  with  a  male  aM 
((Minus  admiasariua). 

The  Hinnus  by  the  union  of  a  she-ass  (tuina)  with  a  stallion  (ejiaa 
admis'ariai}, 

n»gt,' — The  general  term  for  dogs  of  both  aezes  is  Canes,  and  for  the  whelps, 
Catuti. 

Dogs  were  divided  into  two  classes  (genera) — 

1.  Sporting  dogs — unuTn  (genas)  venaticiim  el  pertiJiet  ad  feras  hatioM  et 


2.  Sheep   doga — altemm,  quod  euslodiae  causa  paratur  et  pertinet  ad 

pattOTOB. 

It  most  be  remembered,  that  while  the  eheep  dog  of  this  country  is  employed 
only  for  guiding  the  movements  of  the  flocks,  those  of  the  Alps,  the  AppeniiMi, 
the  Pyrenees,  and  tbe  mountains  of  Creeoe,  are  required  to  protect  them  fhHn 
wolves,  and  therefore  always  were  and  are  mooh  larger,  stronger,  and  mote 
fierce  than  those  with  whidi  we  are  familiar.  The  breeds  most  v^oed  by  tbe 
ancients  wera — the  Spartan  (iacones),  the  Epirotan  (Epirotiei,  Mohan), 
and  the  Calabrian  (SaUenlini). 

»tn:9tivr**.*^PaitoTes  is  tbe  general  term  comprehending  all  who  tended 
tbe  domestic  animals  not  employed  in  labour.  They  were  divided  into  twe 
classes — I.  Thosewhoremained  always  upon  the  farm  (/piiinfandovtraantHr)', 
and  2.  Those  who  took  charge  of  the  flacks  and  herds  which  were  driven  to  the 
taonntains  in  SDmmer  (^t  in  callibus  uertantiir).  While  yontbs,  and  even 
women,  might  perform  the  tasks  allotted  to  the  Gret  class,  the  second  class  waa 
composed  of  strong  men  in  the  vigonr  of  manhood,  capable  of  enduring  the 
hardships  and  dangen  incident  to  a  wild,  rough  life  among  tbe  hills.  They  wen 
furnished  with  arms  in  order  to  repel  the  attacks  of  wild  beasts  and  robben,  lived 
in  temporary  huts  (in  casts  repentina),  and  carried  about  with  them  all  tba 
Ueosila  and  implemcnta  required  for  theraselvea  and  their  flocks  (omnia  inilrm- 


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


ASBtCULnXB— TILUnCA  TAMBO,  551 

menta  tptat  ptcori  tt  pattoribiu  opu»  trnti),  Mag  •ttended  in  thair  jonmejB  by 
a  Eertalo  namber  of  beuu  of  borden  (iumenta  dottuarid),  lod  alio  b;  aome 
active,  birdj  womeo,  nho  collected  fnel,  prepared  the  food,  aiul  k^  guard  orw 
the  but8  when  tlie  men  wen  abeent.  Tfae  whole  troop  wu  imdei  the  oomnMud 
of  an  overwer  called  ^agister  peeorin,  a  pcison  qualified  b;  ohatacter,  know- 
ledge, experience,  and  edoca^on,  to  direct  and  control  the  proceedinga  of  the 
pirij,  aod  to  keep  the  accounts  (ratiaita  dominicaipecaarias  eonfieert). 

DbItt  PPBdBM.'— Thia  wax  confined  to  milk  (Utc)  and  oheeae  (ca«euf). 
It  is  Teij  Bingular  that  bottec  (tu/ynun),  alUionga  not  altogether  unknown, 
WM  BO  little  lued  that  it  ii  not  even  mentioned  bj  an;  of  the  agrioultBral  wrileta 
except  FUnj,  who  calls  it  (XXXVIIL  9.)  barbararum  genlaim  louriinaw 
eU>U3.    SeealsoH.  N.  XI.  41. 

Hilk  waa  eMeemed  the  most  nourishing  of  all  liquid  food— (?iBnnnB  rerum 
qvat  cibi  caiaa  capimia  Uquentium  maxime  aiibile.  The  firat  place  in  Una 
respect  was  occnpied  b^  ewe  milk  (lac  oviUunt),  the  seoond  by  goals'  milk 
^cap^inum)■,  the  most  porifying  (quod  maxime  perpurgei)  waa  hdd  to  btt 
mares'  milk  (equinam),  nest,  asses'  milk  (anntnim),  thinl,  «owa'  milk  (bubu- 
lum),  and  fonrCb,  goats'  milk  (caprimim). 

Cheese  was  made,  as  among  onrKlTes,  by  tbe  addition  of  reaoet  (eoafftdvm) 
to  milk;  the  rennet  prooored  from  the  leveret  (coagitlum  Itporinum)  or  the  kid 
{hoedinum)  heiag  regarded  aa  superior  to  that  ftom  the  lamb  (a^ninum). 
Kennet  from  the  calf  is  not  mentioned  at  all  by  Tarro.  The  milky  tip  of  the 
fig  tree  (defici  ratao  lac)  and  vinegar  (aeetum),  were  also  used  for  aepmttinF 
tbe  curd  from  the  wbey  ($erum).  Cheeses  made  from  cowa'  milk  (ciuei  tuihifi) 
were  eonaidered  aa  the  most  noniisbing,  and  at  the  aame  time  aa  the  most  diffi- 
cult of  digestion ;  next  in  order  were  ewe  milk  cheeeea  (omUi) ;  while  those 
made  of  goats'  milk  (eaprini)  were  tbe  least  nourishing  and  lihe  moet  euily 
digetled. 

2.  Pattio  Vilialiea.' 
Under  tbia  waa  included  the  management  of  all  "i'""!"!  wild  or  tame,  whidi 
conld  be  fed  at  all  seasons  within  the  piedncts  of  the  fium  buildings,  or  in  en- 
cluturea  immediately  adjacent — ru  quae  tn  vilia  eircumve  tarn  ali  ac  patd 
poasint.  Origiaally  this  kind  of  etook  coaeigted  of  some  common  poultry, 
rabbits,  and  bee* ;  but  towards  the  oloae  of  the  £epublio  this  department 
received  great  development,  and  many  persons  derived  a  larger  rCTeune  from 
their  VUikticac  Paalionei  than  from  the  Sum  iLseif.  Vsrro  claims  to  have  been 
the  fint  to  draw  up  an  independent  syatematio  treatise  upon  this  topic,  to  which 
be  devotes  the  thinl  book  of  his  De  JU  Rualica. 

VilialKat  Paatioaa  were  distributed  uuder  three  heads — 
1.   Omilhona.     2.  Leporaria.     8.  Piseiaae. 

ATtartaa.* — OrntAotiti,  in  tlie  moat  extended  auceptation  of  the  term,  in- 
doded  all  receptacles  for  birds,  whether  wild  or  tame,  land  fowl  or  water  fowl; 
in  a  more  restricted  sens^  omilhona  were  huge  aviahea  in  which  tbonaands  of 
wild  birds  were  confined. 

The  old  Roman  farmer  had  his  aoiaria  (before  the  introduction  of  the  Greek 
word)  consisting  merely  of  a  court-yard  for  diiokeM  (cohort  in  piano),  and  a 

»  Vm  R.  E,  IL 11.    Cohun,  B-R.VIU.a 
Pinna   nuotKo.    rht  vhale  of  Ilw  Tenlh  Book  of  ColnmaUa,  with  tlig  nnftlia  <f  tlM  AIM 
'Vui<iaR.'jlI.4-lL*Co)iuo.R.a^  I— It. 


lOBICCLTURE— TU.LAT1CA  PASTIO. 


dove-cot  (eulumbarium')  for  pigeons,  but  by  dfgrea  maaj  vuietie*  of  pooltiy 
wero  introdnccd,  and  AppmpriiiM  flccommodition  prorided  for  Mch  kmit.  Wa 
mrty  cnomeraM — (1.)  Gallinae,  of  irliLch  there  were  three  specin — a.  Villolieae, 


n  bum-door  fowla;  b.  Rmticae,  eeldom  Ume,  and  tber^ors  kept  h 
coop*  (in  eaveis),  whicli  may  posaibly  have  been  pheaMota;  and  c.  A/rk-anae, 
generally  luppoied  to  have  been  ciiinoA  fowl*.  (2.)  Paconei,  pexcocka.  Thexe 
were  little  known  until  towards  the  end  of  the  Repoblic,  and  wlren  Vano  wrote 
brought  a  high  price.  A  pca-hen'i  tgg  fiM  at  tliat  lime  worth  Gre  denarii, 
1.  e.,  upward*  of  three  ehllliagi,  and  a  full -grown  young  bird  sold  Ibr  G  Fly  denarii, 
t.  e,,  about  a  guinea  and  a-hair.  ^'e  may  also  mention — (S.)  Cohmbat, 
pigeons,  of  which  there  were  levenil  species.  (4.)  Turtura,  tnrtle-doTe*. 
(6.)  Aimeret,  gecie;  and  (G.)  Anatei,  ducki. 

In  the  Oitiilhon  proper,  which  wm  an  enormoiu  eiige  (ate  Tarn  K.  R.  III.  fi.) 
were  ahut  up  vast  number*  of  tlirtuhea  (iardi),  quails  (columica),  beccaficoe* 
(^JicedHlae).,  miUet-lbwl  (mUiariae),  and  other  birds  of  passage,  of  which 
immenw  flocks  visit  Italy  every  year.  These  were  caught  ative  by  fowlen 
(aucupei)  kept  for  the  purpose,  and  when  shut  op,  were  carefully  fartened  until 
ready  for  (he  market.  Vnrro  inenttons  one  omithon  out  of  wliich  6,000  thnube* 
were  sold  in  n  single  seHeon  at  three  denarii  (i.e.,  tivo  shillings)  a-head, 
amounling  to  the  aum  of  60,000  sesterces,  or  ahont  £500  steriiiig. 

Lepnarlm.' — So  called  becsoie  originally,  being  of  very  limited  extent,  they 
were  intended  for  hares  (tepora)  or  rabbits  (cuniculi)  only.  At  a  Inter  perioil 
tbe  more  general  term  Vivaria,  wbicli  wa  mny  translate  preeerKtj,  was  intro- 
duced, when  it  became  common  to  enclose  a  targe  space  of  ground  in  the  najjli- 
bourhood  of  the  villa  with  a  lofty  wall,  and  to  keep  in  this  park  variona  wild 
animal*,  inch  as  stags  (cervC),  roe-deer  (capreae),  and  irild  boars  (apn), 
which  wen  fed  for  the  table,  and  sometimes  hunted  for  sport. 

Besides  these,  t!ie  leporarium  frequently  contained  Gliraria,  which  were 
large  Jan  (ifofia)  for  a  species  of  dormouse  (gtis^ ;  Cochlearia,  places  for  fat- 
tening edible  snail*  (cochleae);  and  Alcearia,  for  bees,  which  in  tbe  eariy  agoi 
used  10  End  shelter  under  the  eaves  of  the  mansion  (^iiibler  gubgrandiii). 

PUciBiie,  ponds' — Fresh  water  ponds  (piscinae  diilcti)  were  frequently, 
even  in  primitive  times,  attached  to  the  villa,  and  entailed  little  or  no  expense. 
But  in  the  age  of  Varro,  salt  water  ponds  (^piscinae  maritimae)  came  into 
fashion,  and  the  taste  soon  became  a  passion  with  many  of  the  more  wealthy. 
These  were  constructed  in  connection  with  the  marine  villas  on  the  Campcsian 
coail,  and  lai^  sums  were  lavished  in  forming,  slocking,  and  niaintaiiting  them 
— aediJicanluT  magna — impUntar  magna — alunlvr  magna.  Hirms.  a  oon- 
temporaiy  of  Cicero,  one  of  those  whom  he  conlcmptnoniiy  nicknames  pis- 
cinarii,  obuined  6,000,000  of  sesterces  (about  £GO,000)  for  a  very  ordinary 
villa,  on  account  of  the  quantity  of  fish  m  his  salt  ponds,  and  he  is  said  to 
have  given  the  loan  of  several  thousand  muraenae  to  Caesar,  in  older  to 
fumisli  forth  his  trinmphal  banquets.  (Plio.  H.  N.  XVII.  81.  TarroB.  K. 
UI.  17.) 

iVatToRaimi-IB.    COlDUL  R  R  IX.  i~ia, 
•  VUTgKB.IIi.1T.   Calun.  U.  R.  VIIL  Ifc  17. 


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Aedlcnla.  .        .    '  .'  !  873 

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AHllleg,      .               .  I8»-1W 

— —    Cereale^      .  .  193 

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Plcbef).        .  .  IB* 

AetiTptai  (ProvlDcla),  .  SSr 

Aequlmelliim,  '.'.'.    tS 

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SBrlptoniriiu,  . 

THrqulnlonmi. 

VKtlemiu, 

Agere  Conrenliu, 

cum  Tribonl*, 

BtnilTolUI,  ! 

Agltatona, 

Agnail,'  '. 
AgaotaeD, , 
ApinilU,  . 
Agone?  . 
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AgrfcrUfl  L«wt,  ^ 

Afu*  LocuUlu,  . 
A!»,    .       . 
AlauatroD 

Alaril, 
AJbft  LlDBl,.  . 
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Album  SenaUiriiK 

ludlcmo, 

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AnlMml*  Smuuo,  . 
Amburalla,  .  . 
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AmphlttaaatrDm  Tuui,    . 


AddiIm  Uailml, 

Auiuliu  Aoreia, 
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I   Aperire  Ckpat, . 

AplMtW,    . 

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Aqou  et  IgDig  Illt«IiUctki, 


-  Pacti  Angmtaa, 

-  Semonli  Soucl, . 


AKAImlmiu,     . 


Amgatio,  ■ 

Art^HHI,    . 

Anmdo,     . 


—  applied  to  maaj 

—  applied  Ut  meal 


AtvUuue, . 
AthleUe,  . 

AtntI, 
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>tU>ck  and    itetim 
Portia«]  Flacea, 


Angnncniiuii,  . 

AogiutSei, 
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■ tua(Heiul4.  . 

-Huamig; . 

>   Aimliiun  Tribunal, .' 
lUnmiKcoInX   .       . 


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<  Cmeur.  u  a  tltli 

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t    CAimenta — CumentiUft,    371 

Carpgre  laniun,  .  tu 

"    CuaBomnll,     ,  .    IS 

lUB  Veneiiiu.'  .'  WB 

L  CutelU,  .  .  .  .1X3 
>  CasteDo  dl  S.  Angela,  .  n 
S    Cutor,  ,  SCO 

)    Ciutn,       .  .  UT,  UO 

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9  CaUpliraet[,  .  .  .436 
I    CHtapultae,  .451 

7    CbMIIbb,    '.       '.  1  611 

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.luu  Conlectto,  .  .  tS5 

Colleotlo,  .  .  S2S 

into,       .        .  .  4De,6M 

.usidicoi,        .  .  .357 

i    CavaeditUD,       .  .  .617 

I    Canli?  ol  the  Legion,      .  433 

J  Cedent,  '  '.  '.  ^302' 
a  Celena,  .  .  .  .  W 
I    Cell*,         .  .        .373 

-  Oi^riL .  .  .617 

-  Peniurti,  .  .  619 

-  VlDBria,.  .  .    71 
CenoUphlum,   ,  .  MI 

J    Cemlo,       .        .  '     '.       :  SOI 

i    Censor  Forpetuiu,     .       .  205 
'  (aa     no     Imperial 
..._e),      .  .406,230 

)  Ceiunres,  ,  .  .  1SS-S05 
iBortae  Leges,  .  104,  313 
iBum  Hgero,  habere,  ^.,  200 

i»us SOO 

EqueiUr,  .     W,  256 

aenatorloi,         .  25* 

i   Cantealma  Renun  Venall- 


ntumvinle  ladlclam,  . 


.  417 


,, ..Ct 


Centurlam  Conflcen,       .  i^ 
CcDtuiia  wid  Tiibea  \a-f' 

Ctntmloor*, '    .        .  iS3,a7 
CentDBia. .  .461 

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Cei«~C«nAlU,  sae,  W7,  SflS, 


CMdofln  inrs), 
ChiplsU,  . 


BmporeUo*.  . 

. HLerslic*,      . 

UvUdb, 

ClioraulH,  .       . 


OiordM, 
Chnich'otS.  DaiblD*, 


Angell, 


ol  B.  Malik  detH 
Muia    ui 
Marts  EglEla«.0 
'delle 


Clitiie  L  dite'llag,    '. 
Cititlo,       . 

Citiet  on  tie  SeTenHnii 


■ IntheAgeof  AngDlUu,  13 


Clv<tal«i  Poedentu, 

Immiui», . 

Libera*,     .  2 

CLunor  Sapmnoi,    . 
Clulgatki,' 

CluKft  of  flervlai,    . 


of  Uter  tb 

i>  Capltollniu, 
—  Fubllelu*, 


Codiceai.  Codlcllll,  .       .  6U 

Enwnal  St  AiHMptl,  S14 

Coelliu  Minor,  .       .       s.  Gl 


—  Aogaialli, 

—  (Arrangeraf 
-derails.  . 


lU).    . 


.  481 


Funerts, .  .  -,_ 

NapUalla,      .       .  478 

Cngnatl,     ....  SOS 
OognatiD,  .  .SOS,  311 

Cognltat,  .        .       .  SSI,  3M 

Cofi™,      '.         '.    485,430,437 
praetoria,     .  tas,  440 


-  Vlgflun 


>iColtia,        .        .       .       .SIS 


Colan  (Vlonm),  .  (M 

CoUHom,  .  .  .  .  M 
CollBcCkiD  of  tbe  BevoiDe,  EtB 
CoUesa  CouoliL      .  1ST,  118 

latbeEmpln,   .  t4S 

CoUetfa  BaonlDtiull,  .  WE 
Collegiiuii  TrlboDoniiii,  .  171 
Collli  Aaonu*,  .  .  .  M 
DTanas,    ...    4* 


arinni  Bonian- 

onun,      .  .  IM 

Latlnac,      .  .  US 

Marttlmae,  .  IIB 

Ullltania,  .  .  130 

CuKwuij    .        .       .  .    B, 

Colum  Vinaiium,      .  .  4«a 

Columbaria,      .        .  M,  &S 

Columbariuin,  .       .  .481 

Oolamua  AnUnlniaDai  02,  OS 


-  DiTlPli, 


-  AedUida-Censo- 


Ceuturlata,  117.  ISO. 

CnriaU,  137,  H7-1B0 

,  dlfferantliiiidaof,  IJT 

— ,  HourotMeeUng,  Itfl 

(in  geoenU),   1M-I4i 

,  MaiiMrorVotJng,lSS 

,Hotlcoo(,  .       .  14i 

,  Pmldlng  Uasii- 

Uata,      .  .  1S8, 1» 
,  Quonmi,     .       ,  Its 

TrtbuU,  137, 1U-1» 

undartbeSmpln, 

l«D-lffi 
Comltlalla  UortMH,  .  .  14« 
ConilUauu,  .138 


ComniEHaClo.    . 
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Ooinmodatam,  . 


',  r*!o  t 


CompoUitloii  of  Udemt, 

CODCuninU  SudaUo, 
Coni^illiiin, 
Plsbla,     . 

CanoloDmrl, 

BcUmiUtu,    .       .       .'  «TS 


,  ]S«,1S7    - 


Cononbii  ITox,  . 
CcHieubliiB, 
Oonimbtiiuiu,  . 


.  48S 


—  Pictiiea,      , 

—  Flectlla,     . 

Corpo*  luiii  CtvllU. 

cotvi,    ; 

CoiTphaeua, 


.  477    C 
vnt,.       .  IS-    ' 

.  UM,  ns,si 


OonlureUIo,    . 

CoBgliih     .... 
Connubliun,  .  1B8, 

OoDqaiiKto, 
Conqulflltona,  . 

Conunguloel.   . 
ConHaratkm  o(  the  Bm- 

ConiillDDi,         .       .  S3S. 
Prlndpta, 

Comtitutlon  o(  Servlni,  . 
ConitLtutloikefl  IPTinclpmn, 
CunBo]  fliiie  CoUe^a, . 
GDmuJuii  Put«tB«, . 

Couiulitum  Cantlnium,  . 

'  DMlgMtl, '. 


CDDtamplaii, 
Contlclnimu,     . 

CoDvendo, 

Conventoi, 
Coniivlum  Pabllmun, 
<;uopUtki,  1»),  17fl,37t,  G 
Comep  ColMfle, 


MuSii, 

Naivllg, 

OtatdtaoiUi, 


i  -^^7-A.d. 


7   Crimldil  TrialB, 


Ciutodik  Llb«n, 
CuatodUe, . 

Cuitoi  L'rbli,     .        '. 


Dare  AcUmem,         .  gw 
Victn  rnetUit,   . 


DMIng,  Method  of,  .        .  413 
IMT,  DlviBlnns  of,     .        .  iSi    ■ 
D«f a,  CluilUcaCloa  of,     ■  41G 
DeoBilera  de  Via,      .        .  tU 
Deieniber,  .  (IS,  nr 

Decern  peda,       .       ,        ,  40S 


I   Dectpia  UantUDlHlon 


I   Decumaa,  . 


BwlOD 

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-lolla. 


t   Cvilae, 

1    CurlHlea.    . 
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I   Curionet.  . 


le  Appultoi 


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i   Dedltlo  Noue, . 


I  DefemNonii 

i  Detrutum,. 

i  Delecttu,   . 

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)  Delphinl,  . 

'  DelubnuD, 


t  DeaniiUan      THtLmoD- 
j    DepintatlD, 


re  DlcUUmm, 

-IlM, 


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DlClI,, 

IHniVldliu,       . 
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DlTltiHtlo,  . 


DcHDOl  A^ppui, 


tquUli,  . 


-— —  MuDHmiG.     . 

Pomponll  Atl'lol, 

^  PomiioDlL  Bin], 

PudeoUi,       . 

g.  FlivLt  a»hlnl, 

KegU  Saoriflcnll, 

TiirtiiiliiH'Priici, 

TrsnilloriB,  . 

Vslerii  UartlklU, 

Vsleril  VegBtl. 

[Aedea  PriviUo), 


Villi  a: 

bem  pargandla,      . 

Bccle^D  PndaDtUiia, 

Bdltio  ladlcius,' 
EdlMr  Spectiiculi,  tS7, 1 
Edicts  Miglilntuum, 


uDtfritui, 
bnpoTlum, 


^Thc,  uhI  Utatr 

iBd'itiD,'      .  ns 


IpllHllM,    . 

nldnHiHJs, 


-  Eqno  prlnto,  9B,  IW 


-(PubllcwIX        .  ta 

—  Ordo  BqnsUw,  .    08 

—  Period  of  HTvice.   W 


mRnbathi 


Kienlto*  Uitaoaa,  . 


KipedlU  MtUlH. 

Bxpulilm  LDdae, 
Xxiniul  I«tlo,  . 


FKlloAlbUL    . 

AnrM*,  , 

Pnrporf*, 


Tactlona  Clrd, 
TUtloiurll, 

Kacar'pster,  . 


IkDual  UbtlU, 

Fuanlnj,  . 
Fuutlcui,. 


nucUe  >.  PucIolM, 
Cupltollui,     . 


JuFrinui, 
F«bnurluL 
Pellx,  w  R  UU^ 


Feretnm,  . 
WtaaOaiii, 


isg,  43S  I  llliiibrlUae  Tonla 


-  CmcaptlTM, 
•^  ImperaUrmfl, . 

-  UtOatt,     Kb,  MS, 


PldelnwH 

EST' 


Flavliu  Co., 
Florm—Flanlla,    M8,  tM, 


FoUMdio,  . 
FolUi  L  FoUlcDlni, 
FDUum,      . 
FoH  ApoUinig, 


of  the  Emplie, 

Foreign  DeltlH, 
Fort,  . 

Fonnu  LLtannmi, 
Fotmula  Ceiuendi, 

PeUlorU, 

FanDOlBe. . 

laIO»oonCL.___, 

In  F«otniB  oon- 

Fomu— FonuMlU, 


^ac!* 


Tmnltorfinn, 


i  Froctni,  . 
i  FrnmentwU, 
1   Framentmu  in 


J   Furclter,    . 

i   Fortt  DOT  LoDCflj 


i   Foatuuinin, 
J    Oablniu  CInstu, 


i    Gates  ol  the  SerfKn  City, 
S   OemoDlae  Scalie, 


i   Gods  nonhipped  b 
i   Gold  Colutigs,    . 

"""&    : 

iu,      .    Ul,  M 

-  Aonlli,. 

-  Cognatloui*,  Table, 

)  aruuDuitlciii,  . 


I    anphlum, 


L  i  (iiutiu  >■  Ourtitki,  . 


.  «tiT  ,  HoMUc  Kilon*, 


KaiwAdDM. 

HMtV  7        . 

CwlitiuU, 


HutM  VelltuH, 


HemKUtcm     Cei 


titer  1.  Hlrtrio, 

.   ocHtbet. 


inon  ddlMre, 
iplonuwlil,  ■ 
Jj*:       ■       ■ 

Horol(«luta  Auguit!, 

HorU, 

Hortl  Aclllonun, 


EpsphroJltl, 

-  BeliB^tL, 

Lolllu  Fnulln 

Miecenatltuil, 

Balluitkuil, 

Homes, 

Pablicua, 

BnpltlDDi, 
Hnlbu.     .       . 
InlutM, 


3?1  I  laealatora. 


S,1E,J0 
.  61? 

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Fi^Ia  ils  AmWtu,     '.  S6a 

—  Fmlcidlm     .       .        .807 

allqiddbdandoimSIS 

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—  ifuflm.      ...  1*6 

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T«llonl>,     . 

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Loouii,     .     .     .  4je,  «o 

—  Vilwlide'  Pro 

IcUl.,         .      V      .1T8 

Uoae,      .    Ill,  IK 

IW,  329 

Lora 491 

lultaAgnrti,    ,        .278 

VHertBHoratla, 

163,185, 

Patricia,    .       .        .  M 

InltadeAabltu,       .863 

lolta  de  ronnulta,     ,  ses 

287 

Sabra.      .                .GIG 

—  ValBria   Horatia   da 

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lulU  IndlBlui^        .  337 

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— v^i""!^ 

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libare,               . 

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de  KepotunillB,    Bil 

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.  868 

^ Fagutalta,      .       .    GR 

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luiti,      . 

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PoaMUiu,      ,        .    M 

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LndsraPUa,  .  .  .  4Se 
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lU(n;,132 

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Circaruaa. .        .  S94,  SSS 

Libertiu,    . 

Conceptirt,               .  3M 

NltliTRO.     .         .         .286 

Orolniii, 

Funabna.      384,407,481 

OgulnU,     .       .  S74,  S7T 

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oSlnlfl/     ■       -       -  M4 

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FetnAil*.  .       .  126,  SG8 

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^^  Ha^T™;     388,  394',  805 

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PUuUa    Fapliis    da 

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Blbylllni,  . 

Ftooaloril,.       ,     70',  188 

PlaulliIudlcUri.,    .837 

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80!.  804 

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PliutlBdaVL,  .       .  847 

Libum,       ,        . 

.380 

Baeculana,        .       .    S8 

Foetelia.    .        .  118,  314 

UoU, .        .       . 

8G«tdd,,     .         .384,400 

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Pumpela  dB  AmbiW,   SSS 

LiotorCurtatni, 

148,146 

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.  180 

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Uetorm,    . 

189,282 

Lndio 400 

■    ■          Atri,   . 

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Pompeis'lndloUria- 1  BS7 

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tormn,    .       .       .       .  498 

Llgnla, 

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Porda   da    Provoai- 

UoD 330 

Uiulaa,     .        . 

499.  60f 

Llterarlui,     .        .  475 

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tss,m 

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PMblUla,  148, 161.  IBS,  Ul. 

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.615 

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Laperralla,                .  SIQ,ma 

BammU,    .       .       .  BW 

Botdft  TbestralU,  102,402 

'.  82( 
.  441 

LmS^    ■       ■        ■          "S 

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Mllle  Fauumn, 
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TnuiMripliUiui: 

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HtHulnli  Delatlo. 

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(fo™  Nnpld,  .477 

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Orcheitn,, 
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PatCTM,      .         .         . 

PbUjIM.     .         .         . 

PmtTM,       .       .       . 

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Pboebni,    .        .       . 

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104 

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609 

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PillBll,       .         .         . 

PccDirll,    .       .    19S,  £77 

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lis 

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Pedibiu  In  SentonUuo  Ire 

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Pb11«,       .       .       . 

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£93 

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inPoteitatePa 

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Pomeridlanom  Tempiu, 


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— Quattro  Capi, 


PontUeea, . 
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Popularvt, . 
Popnli  Fundi.    . 


—  Anfeat 


—  Mebronl,. 

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—  NaTalla,  . 

—  Nomentuia, 

—  OiUenila, 

—  PaUtll,   . 

—  Plndana, 

—  PottoeniJa, 


fno 


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PrlnolpaUn  Deitm,  us 

Slnlitrm,  HS 


Banqulii, 

S«iiUiiiUi»,    , 

Tlbnitlni,       , 

Trigeminy      .      11, 

Triumirii&Ui,  .     10, 4 

—  VlmlMlta,      .       . 
BartlBiu  ad  NBthma,      sa, 


tfate,  . 
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PortorU,    . 
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foUtll. 
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Fnalectiu  Aegrptl, . 


-  PrMtnrio,  EM, 


FrmeiudlcU, 
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Pncteritl  Snutoreg,    203, 


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p™™™i«   1^^^.  _ 

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PrndanCliun 

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BMtlpuUtOT,     ■ 
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BsblHil,     . 


XnniaH,  . 
Rswudi,  UUIUlT,   . 
Bsi  BaorUcag  >.  Si 

Buronmi, . 


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1  Utle  of  ttw  Em- 


BItiu  Antonii 

Soblgiu— Sobigsll 
Boeirs  Legem  —  . 
Hwlitntui,  Ac, 


rilk'       ^  M 


RonuQl  ClTO,  their  ilgbU,  110 
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in  (Vlnnni). 
lu  HIvarliu. 


un  JD««e  CuDM,   fll 
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SoceMo*,    . 
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Sacred  BanquflU 

UtoruUi, 

BuriBclK,  . 
a»crtleglntn,      . 
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^Ii^'Not*, 


Satunulls, 
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Bcdmuf,    . 
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•s. 


Saibera  ab  Argent 

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aecetplU,  . 


Sectd-torea, 


Sella  Cumlli, 
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L    Septimanae, 
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I    Servian  Walli,  . 


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Fnadl«naa 

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—  QualUlcatlou     ot 


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i    Seaunlo,  . 

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D  R[]1>  Dt  Bomel 
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I    SMprlmi, 
--- ini  (irelgbt), 
-    (coin).  . 


I   S«niila,     . 
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Sl^Ser,     '. 


Seuleutlam  Dinre,  . 


.    ,l,z<»i:,.,G00gIf 


•s 


Site  of  Borne, 


tvcDetlen,   . 


-  Dtoi  mod  Pood, 


SpoUi, 
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FesDBlU. 

Pnetndklklk,    . 

Ipoiuorat, 
Jponsut— Spoi 
SpoTtolA,    . 

SUcnom  Agrlppu,  . 


sa 


—  Pnblkuianim,  £Sl, 


aoou, .     .  U4,  sie,  4£9,  i 

Narala,  .  ' 

(PnbUcMii), 

SodBlet  Augnitilo, '.  £4^  It 

CluuUalea,    . 

HmdrluulMt 

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TItU,     . 


BfDgnpbuaB. 
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•ss 


7    TabsUulu  Legn,     . 


-    Novme.      . 
■    (QulnqllB), 


inUe,       !  EI^Mt 


aUpeiidli  ^ondldu  U 


Soldier,  the  Konu    , 
Solannltu  CoiudIuIi, 


aolitltiuni, 
aolntM(«Iblu,  . 
Solvere  ab  Ar^eDtAdo, 
gonuini,     ■ 
SordldUl.  . 
Somm  PatnulH,     ■ 

Sortltlo  lodlcuni,     '. 
Spanlonea, 

epectio,     .       .       , 
Hpeculnin, .  .  SO 

Specni  OoUtIuioi,  . 
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apiM,       ...  30 

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swill, .      '.       '. 
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laS:    : 

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.  ttts  '  BnbeortlUa  ludlsu 


!   Tabulate,  . 

7   Taenia,' 

1  T*luet  TnnicM, 


I  Te*otaine,  . 
iTeatn^oUo, 


tothailmi 
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Buffngatorea,    .  .  xj 

SuSniila  Diribere— Dlre- 


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auoTetanillla,    .       .  2W 
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su 

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540 

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620 

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640 

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641 

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638 

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64£ 

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64S 

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633 

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Lirve.      .       .       . 

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6I> 

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ess 

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UoliOlntim    .       . 

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H»inu, 

Honlliiger.     .        . 

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64* 

omngTO.        .      . 

6SS 

S!3U.  :    :    : 

640 

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-  Aereitl 


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^ 


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by  Google 


A    SELECTION    FEOM 
CHARLES  GRIFFIN  &  CO.'S 

PUBLICATIONS. 

Now  Rvidy,  in  Two  Vola.,  Large  8uo,  Handsome  Cloth,  its. 

A  Literary  History  of  Early 
Christianity. 

FOB  THE  USE  OF  STUDENTS  AND  GENERAL  READERS. 

CHARLES   THOMAS    CRUTTWELL,    M.A., 

Fomeriy  Fellow  of  Men™  College,  Oifaid :  Auihgr  of  "  A  HlMoty  of  Roiun 
Uleralure,'-  &c. 


in  the  Tlu^h^kt  LiUr»tHr^hmt. 

ii.thne6so 

W-" 

-ProfBi 

loiA-HnniKk 

cia  of  DicS^ 

well  sdaiKRi  lo  lurmo 

Ik  wilh  ihe 

lende 

"The   SeciiODI  oa  the  Apoitalic  Faiheri,  the  Apologiati,  isd  ihe  Aleiandri 

(he  Didacki.  the  Letttr  from  the  Churcha  of  Lyoa  ud  Vienne.  and  the  eiuact 
Utely  ditcoveted  'GwpelofPeier'— wiUcertiual/be  heartily  welconwd  bynunyr 
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"  Pndiely  uch  a  guide  u  ii  needed.    .    .    .    Admuahly  ludd  aad  ' 
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Tbii  Sum  hu  been  prepared  ta  tSarA  KHmd  ud  nccouiT  aid  ulha  Rsuder  of  Rol; 

Scripmn.      The  Volumis  eompnied  is  ii  li»B   ■-  •■■ '- —    -    "" ' 

or  RiFIIINCI.    The  nuiaber  of  Copiei  alrady  il 


I.  EADIE   (Rev.   Prof.):    BIBLICAL    CYCLO- 

PiEDIA  (A) ;  or,  IKctioau7  of  Eastern  Antiquities,  Geography,  utd 
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Steel,  and  Introduction  bj  the  Rev.  Dr.  KING.  Post  8vo.  Fi^-faurth 
Edition.     Handsome  doth,   3/6. 

la  of  bene  the  COU. 


III.  EADIE  {Rev.  Prof.):  CLASSIFIED  BIBLE 

(The).    An  Analytical  Concordance.     lUustnted  by  Hap«,     Large  Poit 
8vo.    Sixth  Edition.     Handsome  duth,  8/6. 

"  We  hare  anlr  (a  add  our  uniiualiSed  ~— J— 1—  g(  ,  ^nUi  oT  nal  iiiiiillww  M 
«wy  Biblical  nudenl.'' — CkriilloM  Titui. 

IV.  EADIE  {Rev.  Prof.):  ECCLESIASTICAL 

CYCLOPiEDIA  (The).    A  Dictionary  of  Christian  Antiquities,  and  of 
the  History  of  the  Christian  Church.     By  the  Rev.  Protessor  Eadis, 
aviated  by  numerous  Contributors.     T.Arge  Post  8vo.     Sixlk  Edition. 
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V.  EADIE  (Rev.    Prof):    DICTIONARY   OF 

THE  HOLY  BIBLE  (A) ;  for  the  use  of  Young  People.     AVifli  Hap  and 
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""fliii  lifiiiH'ii  1  Tim  ill  III  b«  well  pondered  onr  ud  acled  upsD."— C^imA  H'trk. 

"  A  mj  uadnl  book,  well  wenb  readiDS-" — CAnrcit  Timu. 

"  A  B0«  iuattllng  bocL  .  .  .  Conuin)  a  [laphic  dscripdon  oT  w«k  mtmt  the 
I"     ~^--'  Omtimim. 


WORDS  AND  WORKS  OF  OUR  BLESSED  LORD: 

AND  THEIR  LESSONS  FOR  DAILY  LIFE. 
Two  Vob.  in  One.     Foobnp  S*o.     Cloth,  got  tOget,  61. 


LONDON:    EXETER  STREET,  STRAND.       .  , 


OBASLSS  aaiFFIK  S  00.'8  PUBLIOATIOSB. 


EDUCATIONAL   PUBLICATIONS. 


Standard  Illustrated  Classics. 


BRYCE   (Archibald    Hamilton,    D.C.L.,    LL.D., 

S«nioT  CU»ica]  Moderator  in  the  Univenit;  of  Dublin) : 

THE  WORKS  OF  VIRGIL.  Trail  from  Heynb  and  Wagnkr. 
English  Notes,  ongioal,  and  selected  from  the  leading  German  and. 
English  Commetttatars.  Illastralions  Irom  the  antiqae.  Conplele  is 
One  Volume.     FmirtantA  Edition.     Fc»p  8vo,     Cloth,  6/. 

Or,  in  Three  Parts : 

Pan      I.  Bucolics  and  Gborgics,  ,         .  3/6. 

Part    II.  Thb  jEnbid,  Books  I.-VI.,       .  3/6. 

Part  III.  The  Mn%m,  Books  VII.-XII., ,  2/6. 

**  Containi  Ihc  pilh  of  what  hiu  lw«n  wHlEcn  hy  ihe  be«l  KboUT3  6a  the  lubject. 
.     .     .     The  DOUi  compiue  evErrihiDglhal  Cheauifeiitianwiiit."~^UMSI(»f. 

"  The  meal  complete,  ds  well  u  ele^ut  and  correct  editioa  of  Virpl  ever  publishctl  ia 

"  The  be^t  conunenury  on  Virfil  which  II  BtudenC  GID  obtain.'* — ScfUm^M. 


C  U  R  R I  E      (Joseph,    formeriy    Head    Classical 

Master  of  Glasgow  Academy) : 

THE  WORKS  OF  HORACE:  Text  from  Orkllitis.  English 
Notes,  original,  and  selected  from  the  best  Commentaton.  Iltostrstiona 
from  the  antique.     Complete  in  One  Volome.     Fcap  Sto.     Cloth,  5/. 

Or  in  Two  Parts : 


LONDON:  EXETER  STREET,  STRAND. 


EDUOATIONAL  WORKB.  -f 

COBBETT  (William):  ENGLISH  GRAMMAR. 

With  la  additional  clupttr  on  PionnnciAtioa,  hf  tbc  Author's  Son. 
James  Paul  Cobbett.  7ie  only  comet  and  autkarued  EdUUn, 
Qoth,  1/6. 

COBBETT  (William):  FRENCH  GRAMMAR. 

Flft^nlh  EJitum.     Fcap  8vo.    Cloth,  3/fi. 

"  Cobbett'i  '  FrvDch  Grammar '  ums  oul  witfa  pemmiAl  freihnen.  There  tre  tvw 
fnmnuin  equal  ta  it  for  IhoK  whom  Lcanuof,  ordeiirDui  of  l«aiiiU]£,  Frndi  wilhAA 
■  tiacba.'—Sclu^  B<sml  CUnmielt. 

COBBIN'S    MANGNALL:   MANGNALL'S 

HISTORICAL  AND  MISCELLANEOUS  QUESTIONS,  Ibrthense 
of  YoUQg  People.  By  Richmal  Mangnall.  Greatly  enlarged  and 
corrected,  and  contiiiued  to  the  present  time,  by  Incbah  Cobbik,  M.A. 
Fifiy-fmriA  Tkouiand.     Ntw  nUatrat^  Ediiiim,     laoio.     Cloth,  4/. 

COLERIDGE    (Samuel    Taylor):    A    DISSER. 

TATION  ON  THE  SCIENCE  OF  METHOD.  {Eiuyclafiai^ 
Metrepolilana.)     With  ■  Synopsis.    AwM  EdUmi.     Ct.  Svo.     CloUl,  3/. 


GBAIK'S   ENGLISH   LITEEATURB. 
A    COMPENDIOUS     HISTORY     OF 

ENGLISH  LITERATURE  AND  OF  THE  ENGLISH  LANGUAGE 
FROM  THE  NORMAN  CONQUEST.  With  nnmerous  Spednnan. 
By  Gborok  LiLLiE  Crauc,  LL.D.,  late  ProicBior  of  Hiitoi?  and 
English  LiteiatuTe,  Queen's  College,  BelfaiL  Nea  EdMoH,  In  two 
Tola.     Royal  Svo.      Handsomely  bound  in  cloth,  25/. 


A  MANUAL  OF  ENGLISH  LITERATURE, 

for  the  use  of  Collies,  Schools,  and  Civil  Service  Eiamioatioiu. 
Selected  from  the  larger  work,  by  Dr.  ClAie.  Ttnth  EdUicn.  With 
«n  Additional  Section  on  Recent  literatme,  by  Hkhrv  Cbaik,  M.A.. 
Author  of  "A  Life  of  Swift."  Crown  Svo.  Cloth,  7/6.  Tenth 
Edition. 

A  Mhaua]  of  b^isH  IJmtof*  from  bo  earpRKBoel  a  scholar  a*  Prafeasor  Craik 


*I/Mn>ONt    EXETER  STREET,  STRAHD.      .  , 

...OOglf 


lO  OHABLBS  GBIFFIN  A  OO.'S  PUBLICATIONS. 

WORKS  BY  REV.  C.  T.  CRUTTWELL,  M.A, 

Late  FeUow  uf  Merton  CoUtge,  Oxford, 

A   HISTORY   OF   ROMAN    LITERATURE: 

Trwa  til*  BKPllaiat  Period  to  tbm  TIumc  of  th«  Autonlnaa. 

Fifth  Edition.     Crown  8vo.     Cloth,  8/6. 

"  Hr-  (^UTTWBLL  hB<  done  k  ntl  aemco  to  all  StudcaQ  of  the  Luib  Lanfuye  *n 
Iit9«EiiK.    ,    ,    ,    Full  of  food  icholtinbip  uid  goodcriEicUdL"— '1j;4f««bM. 

^indeed,  mditpcnut^e — piide  for  the   Sludcpt.      .     .     .     Tli 


SPECIMENS  OF  ROMAN   LITERATURE: 

Pro—  Writora  and  Poeta. 
F^om  th«  XMritoOFt  Foriod  to  th*  Tlmaa  of  th«  Antoalne^ 

Put  I. — Roman  Thought  :  Religion,   Philosophy,  Ait,  6/. 
Part  II.— RoMAM  Stvlb;  Descriptive,  Rhetorical,  Hnmorom,  5/. 

Or  in  One  Volume  complete,  10/6.    Second  Edition. 
Edited  hr  C.  T.  Ckiittwux,  M.A.,  Meitoa  College,   Oilbid;  and 
pKAXK  Banton,  M.A.,  Kone  time  Scholar  of  Jems  College,  Oifoid. 


plur^ndiclccrioiiciJIifof  hceitTOommciidadon.'' — Saturday  R, 

*,•  KEY  to  Part  II.,  Pbmod  II„  by  Thos.  Johnston,  M.A.,  maj 
now  be  bad  (by  Taton  and  Schoolmatten  onl)'}  on  application  to  the 
Fablishen.    Price  1/6. 


A  HISTORY  OF  EARLY  CHRISTIAN   LITERATURE] 

Fov  th*  lUM  of  Stndsnt*  and  0«ti«mU  RmuIopm. 

In  Two  Vols.      8to,  Handsome  Cloth.  iS4i page'^^. 

LONDON:    EKETER  STREET,  STRAND. 


EDUCATIONAL  WOBKB.  ii 

HELLAS:  An  IntrodnctiOD  to  Greek  Aotiqaities, 

Comprising  the  Oeogmphg,  Religion  and  Mytlta,  Hiatory,  Art 
and  Culture  of  old  Qreeee. 

On  the  Basis  of  the  Gennan  Work  by  E.  DOERING, 
With  Additions  by  ELLIOTT  GRAEME. 

In  Largx  Sse,  loitA  Map  aitd  UlustraliBnt. 

PART      I. 

The  Land  and  the  People :  the  Religion  and  Myths  of  Old  Greece. 

\*  In  the  Epgliih  vcnion  of  Mr.  Doemig'i  woi^c,  the  timple  and  irlcrefltinc  ityle  of  th« 

■luL  emEDdfltktai  have  b«n  miide  as  midn  the  work  mitable  for  mon  advanced  SiudeDti^ 
uul  for  all  who  dc9ii«  lo  obtain,  within  moderate  compait,  more  than  a  fuperficial  acquaintanee 
with  the  ireat  People  whoja  genini  and  mlluie  have  ID  largely  inftuenced  our  own.  Tho 
— -'-  -''-<—  '— -«  reieaichei  by  Dr.  Schlikiuhh,  UH.  Fouqui,  Caiatamos,  and  ocheri, 

ISIitrify. 


D'ORSEY    (Rev.     Alex.    ).    D.,    B.D.,    Corpus 

Christi  ColL,  Cambridge,  LeMnrer  tX  King's  College,  London)  i 

SPELXING  BY  DICTATION:  Viagcessiit.  Exerdsei  in  EngliA 
Onlii^Taphj,  for  Schooli  and  Civil  Serrice  Exaininatiom.  Sixltmtk 
Thmuand.     iSmo.     Clotb,  l/. 


Fifth  Edition.     Now  Read]',     los.  6d. 

THE  VOCABULARY   OF   PHILOSOPHY: 

Or,  STUDENT'S  BOOK  OF  REFERENCE 

QH   THE  BASIS   OF  PROF.   FLEMINQ'S   VOCABULARY. 

Reconstructed  and  almost  Entirely  Rewritten  by 

H.   CALDERWOOD,   LL.D., 

iVofcttor  of  Moral  Philosophy  in  the  UniYertily  of  Edinburgh. 

"  11»  additknu  by  (he  Editor  bear  in  thdr  dev,  condte,  vieotooi  eauiovDn,  Iba  itunp 
ef  Ui  ptnmfol  intelleci,  and  thomish  eommud  cf  our  language  '—Wttify  Rmi^. 

LONDON  J  EXETER  STREET,  STRAND. 

.'.OOglf 


[1  OHARLBS  GRlFFtS  A  OO.'S  POBLIOATIOlfS. 

By  Prof.  GAHDNM  and  F.  B.  JEVONS.  M.A. 

A  HAinJAL  OF  &REEK  ASTIQTJITIES. 

For  the  Use  of  Students  and  General  Headers. 
PERCY  GABDHER,  F.   B.   JEVONS, 

Prof,  of  CIm-.  ArchBoloey  and  An  in  aaMiol  Tutor  io  the  Univenily 

ihe  Cnivenily  of  Oirord  :  of  Durham. 

In  Laree  Crown  8va        With  iriuslral{ons.      Price  165, 

"Uur  thmihii  iro  iliie  to  U»  (Dilnrnl  Klia1im>hohiiv>  BtTCDuiUilii  TDlnme.  .  .  .  Birtli 
ten  dons  tlietr  wiirk  wELi.  .  .  .  Dc,  JifoisliuiiiailetlicdrTbaiHaof  Omk  CotiitUmUgwtl 
1.tw  to  llvv  ualn  by  liti  frHiuFnt  c;uiiPiii)^n9  i>r  KaglWh  PuLiiianTiIT  and  m»irl|>Kl 


Book  I.— THE  flUBBOnNDIITOS  0?  ORESS  LIFS ;  The  Land  ind  Pcopb-— 
The  Cities:  Amnnment  and  Pliui— Thit  Homeric  Hoau— Primta  nooses: 
Uuhnictl  'Htnca — The  Dms  ef  Ueo  ud  WomcD. 

Book  II.— REUQIOH  AND  HTTHOLOaT :  Hationel  tnd  Bnrrowed  Klemetils  in 
Relifcioo— CluailicHtlan  at  Miths— PormBtinn  nf  Ihe  Fuitheon— The  Homeric 
and  Heuodic  PsntheOD— The  Pantbeoa  of  Hintorio  'iimea. 

Cook  III.— OOLTTFB  :  Sntred  Precincts  and  Templea- Temple  PrT>p<rtT— Ornnisn. 
^n  of  liciiKious  Socictict-Orj^netic  Cutis  -Temple  Ritast— SncriSce'— Dinnntiaii 
and  Oracles- The  Piiblin  Gixmn— The  Mjnleries— The  Attic  Calendar. 

Book  IV.— THE  COURSE  OF  LIFE  :  Childhood  and  Education— Phtucal  Training 
— Daily  Life  of  Men— Travelling — Position  and  Employmenta  of  rfomen — Treat- 
ment of  Disease— Bnii.ll  and  Tombs. 

Book  V.~C0HHEBC£  :  Aifrigulttite  and  Pjiturage- Jlanursetores  and  PrgfeaMons 
— Commerce  and  Trade -Houlea  -The  Monay-lTarltet  and  Coina. 

fiOOK  VI.— GOHSTITIITIQNAI.  ADD  LEO&L  AirnQUmBS  :  Tho  Homeric  State 
—The  BparMn  Constitntion— Orate- The  ConstiCntional  Hiitorv  of  Athena- 
Athens:  MelicB,  Citi:icns,  Demce,  Tribes;  The  Maxistrates;  The'BooIe  and  the 
AreopBftiu;  TheEcclnia;  Kinatme— Tlie  Goiammentof  Atheos— AtUolAW:  Pn>- 
leetionof  Lifeandofthe  PerMin!  the  Law  of  Properlj  ;  of  InheriUnce:  MarriaRe 
Laws- Otfencee  against  the  State— Tho  Umi  of  Oorlyilfc— The  Jndicial  Syateiti 
and  Legal  Procddure  in  Athens— Greet  States  in  their  Kelations  to  each  other. 

ni.— SLAVEBY:  Tho  S01 
meet  of  Slavea— Emaneipatioi 

Book  VIII.— VAR  ;  Armour  and  Dtill— Army  Orpiniaation— TJ»  Army  in  the 
Held— Siege  Warfam  and  Fortifications— The  Triroine— Karal  Wai&re. 

Book  IX.— THE  THSATBB:  Origin  of  tba  Dnrna— Hie  Bnlldmgs— £a«M(7 — 
Acton  and  their  Cortnines— Prodaction  and  Performanoe  of  a  Play. 

LONDON:   EXETER  STREET,   STRAND. 


EDUCATIONAL  WORKS. 


LONDON:   EXETER  STREET,  STRAMD. 


i 


c 

If 


is 

|§ 
II 


".OOglf 


CHARLES  GRIFFIN  d,  CO.'S  PVBLIGATIOSS. 

WORKS  BY  F.  B.  JETONS,  H.A.,   Litt.D. 


Second   Edition,   Revised.        Crown  8vo,  Cloth,   8a.   6d. 

A  HISTORY  OF  GREEK  LITERATURE. 

From  the  Earliest  Period  to  the  Death  of  Demosthenes. 
By  frank  BYRON  JEVONS,   M.A.,  Litt.D., 

Qauia]  Tutor  in  the  Uninnilr  of  Durham. 

Part  I.— Epic,  Lyric,  and  the  Drama. 
Part  II.— History,  Oratory,  and  Philosophy. 

Second  Edition.     With  Appendix  on   7%ir  Present  Stale  of  the  J/emtrit 
Qualiett. 

"  II  u  beyond  all  quaticn  the  mn:  raitovt  of  Greek  litennire  thai  hu  hitheno  beck 

puhliihed.  "Stalultr. 

■•  An  adminble  uxt-boolLr'-lftilmou/tr  Rnrlta. 

"  Mr.  JeTons'  wotIc  luppliei  a  nd  want."-  Cimlrmterarjr  Hrviia. 

OLD  viiTHt,  ami  hu  DISCS IMINATI KG  utK  of  the  uoDnx  LiTKiATuii  bcaiui(  (Ipsa  tbe 

SOCIAL  CAUsu  conceTTied  in  the  derebpment  of  the  Litsiature  of  Greece. '—.ArrUi  PJH^lr. 
liKlU  Wxlunukrifl. 

"  Ai  a  Teit-BKJi.  Mr.  Jevou'  work  from  iu  eiceDesce  denerm  to  IKnK  xs  *  Mtam." 
— Dettlnkt  Liltrraluntilimt. 


THE  DEYELOPIEHT  OF  THE  ATHEllIiN  DEHOCRia 


A  MANUAL  OF  GREEK  ANTIQUITIES 

TOB  THS  USE   OF  STUDBNTa 

[See  under  Gardner  and  Jevons. 


PREHISTOBIC  UmpTIES  OF  im  Ullll  PEOPLES, 

Truulated  from  the  Geman  of  Prof.  SCHRADER  br  Dr.  JEVONS. 
(See  nent  page.) 

LONDON:  EXETER  STREET,  STRAND. 


SDUOATIOltAL   WORKS.  i$ 

In  IdTge  8va,  Handaonw  Clotii,  OUt  Top,  2Ia. 

PREHISTORIC    ANTIQUITIES 
OP  THE  ARYAN   PEOPLES: 

Br  Pbop,  O.  90HRADER  or  Jena. 

TraniUted  from  the  Second  Obkilui  Edition  by 
F.  B.  JEYONS,  M.A-,  Litt.D. 


In  Dr.  Schradeb's  gttiX  work  is  pretentttd  to  tlw  reader  &  nio*t  able 
M>d  jodidoQA  inminuy  of  all  recent  reoearchei  into  the  Origin  Mid  Hiskny 
of  thote  Peoples,  Andenl  ajid  Modtm,  to  vhom  hat  been  mainly  entmited 
the  ciTiliaatioa  and  culture  of  the  world. 

Dr.  Schntder's  pictnreB  of  the  Primeval  Indo-Earopean  Period :— The 
Animal  Kingdom,  Cattle,  The  Plant-World,  Agricultare,  Compntation  of 
Time,  Food  and  Drink,  Clothing,  Dwelling!,  Ttiffie  aod  Tr«de,  The  Culture 
of  the  Indo-Enropeana,  and  The  Prehiatoiic  Monuments  of  Enrope 
(e^raciaLly  the  Swua  Lalte-Dwellinea),  Family  and  State,  Heligion,  The 
Original  Home — will  be  found  uot  only  of  exceeding  interert  in  themselves, 
but  of  great  value  to  the  Student  of  History,  as  throwing  light  upon 
later  developments. 

Past    I.— Histobt  of  LiHaniBnc  Palaoktoloqt. 
Past   II.— RcsEAKcn  bt  heanb  of  Lanouaoi  and  Histosv. 
Past  HI. — The  Fiebt  Affeabakck  of  the  Metals. 
Part  IV. — The  Pbihrvai.  Period. 

■■  Dr.  SCBaADKBTS  OBKAT  WOSK."— IKtWI. 

"Ur.  Jevona  baa  done  hit  work  HoclJently.  and  Dr.  Sohrader'i  book  in  ■  modal  of 
indastr;.  erudition,  patience,  and.  wbat  it  rarest  of  aJl  in  tb»s  obioura  Uadica.  of 

--'--■■  ' '■     "  \tuTdat  Saimc. 

■O  EKD.— JfancVjfiT  auarilia. 

LiUtrar.  CtmlniU. 

"I  mtut  eoDfea  that,  forlonir.  I  hkve  readno  vork  whiob  haarooaed  in  ma  so  liielr 
an  intareat  at  Dr.  Schridbr's.  Here  all  la  fresh,  livino  ingiOHT,  add  solid 
WEU.-BALAIICED  BEASONINa.~— IFfJA.  Gilfer — DeuliclU  LlUiraiiirailana. 

«  A  HOST  REHASKABLE  Bt,oil."-mtiHllai)-ZeiHehri/lfllT  rstkerjurduilBgii  uml 
Spra^viutiuehafl. 

"  Every'  one  who,  for  any  reason  wh»taoe»er,  it  inlareated  in  the  beginninga  of 
European  Ciiiliaation  and  Indo- tfnropean  Antiqaitf,  will  be  obliged  to  pisoa  Dr. 
SCBBADBB'S  book  On  bit  librarr  thelTet."— Otutas  Mettr—PAilelegiKAt  Wolluiudtrifl 


LONDON:   EXETER  STREET,   STRAND. 


".OOglf 


16  CHARLES  ORIFFW  *  OO.'S  PUBLICATIONS. 

WORKS  BY  WILLIAM  RAMSAY,  M.A.. 

T^iuitT  CoUegi,  Canbriilge,  lue  Proreuoc  of  Hunaoitr  in  the  UniTeiHtT  of  GUibv*- 


By  Profi.  RAMSA.T  and  LANCIANI. 

ROMAN  ANTiaUITIES  (A  Manual  of). 

By   WILLIAM    RAMSAY,    M.A. 
Fifteenth  Edition,  Re^'tsed  by 

Prof.  RODOLFO  LANCIANL  D.C.L.Ono\.,  LL.D.,  F.S.A., 

Assisted  by  Prof.  E.  DE  RUGGERO, 

Both  aS  tbe  Unimity  of  Rom*. 

In  iMTgi  Cra-.m  %vo,  -aiilk   Tuw  Phologravuns.      lOJ.  M. 

;•  Tht  Fi'lEtDlh  Edition  inclm 


"TIiechieriDleRitiii  Ibc  New  Edition  centrei  in  ihe  rhaplcr  on  Rohan  Topographv. 
wbich  hu  heea  eMiniy  Ttinsed  nnd  partly  rewritten  by  Prof.  Lanciahi,  the  gmtcu  livine 
autlwiily  on  tlui  sut^ct.    Wc  Tecowend  ihia  most  hcanily  to  mii  wha  have  been  to  Rome 


RAMSAY'S    ELEMENTARY  MANUAL  OF 

ROMAN  ANTIQUITIES.   Ad&ptedforjtuuot  CU-tua.   With 
lUnstratioDs.     £i£JUi  Edilmt.     Crown  8vo.     Cloth,  4/. 


RAMSAY'S  MANUAL  OF  LATIN  PROSODY, 

Illustrated  by  Copiotu  Examples  *nd  Ciitical  Remarks.     For  the  nac 
of  Advanced  Students.     SauniA  Ediiion.     Crown  Svo.     Cloth,  5/. 

"  There  ii  do  otber  worit  on  the  nibject  worthy  (o  compete  wi 


RAMSAY'S  ELEMENTARY   MANUAL    OF 

LATIN  PROSODY.   AdapMd  for  Junior  OatMt.   Crowngvo.   Cloth, ». 
LONDON:   EXETER   STREET.  STRAND. 


EDUCATIONAL  WORKS. 


McBURNEY     (Isaiah,    LL.D.,):     EXTRACTS 

FROM  OVID'S  METAMORPHOSES.     With  Notes,  Vocabnlur,  Ac 
Adapted  for  Young  Scholars.     7%ird  EdiHeit.     iSmo.     Cloth,  1/6. 


MENTAL  SCIENCE:  S.   T.    COLERIDGE'S 

celebrated  Essay  on  METHOD ;  Archbiihop  WHATELy*5  Treatises  am 
Logic  md  Rhbtouc.     ToM  Edilmt.    Crown  8vo.    Cloth,  5/. 


MILLER   (W.  Galbraith,   M.A.,  LL.B..  Lecturer 

on  Public  Law,  including  Jarispmdence  and  Intemaliocal  Iaw,  in  Ui* 
Unirersity  of  GU^ow)  : 

THE  PHILOSOPHY  OF  LAW,  LECTURES  ON.  Designed 
mainly  as  an  Introduction  to  the  Study  of  International  Law.  In  8to. 
Hani^me  Cloth,  iz/. 


p  Law  '  heftri  upon  it  the  alomp  a\ 


laterstinc  uid  vuliuble,  becaiu 


SENIOR  (Nassau  William,  M.A.,  late  Professor 

of  Political  Economy  in  the  University  of  Oxford} : 


THOMSON  (James):   THE  SEASONS.    With 

on  Introduction  and  Notes  by  Robert  Bell.  Foarti  Edition.  Cloth,  1/6. 


WHATELY  (Archbishop):  LOGIC— A  Treatise 

on.     With  Synopsis  and  Index.     (Encydofadia  Mttnpelittaid^,  3/. 


RHETORIC— A    Treatise    on.       With 

Synqitis  and  lodes.     (Entyclapadm  MtlrtpaiUami),  3/6. 

LONDON:   EXETER  STREET,  STRAND. 

'.OOglf 


CHARLES  ORIFFIN  *  CO.'S  PUBLICATIONS. 


GRIFFIN'S  INTRODUCTORY  SCIENCE  SERIES. 


FULLY    ILLUSTRATED. 


ENGINEERING 
DRAWING. 


HAGNETISH  & 
ELECTRICITY. 


THE  FLOWERING  PLANT.  By 
AlliswoKTH  Davir,  Profewor  of  Biology, 
University  College,  Aberystwyth.  Sbcokd 
Edition, 

HOW  PLANTS  LIVE  AND  WORK. 
By  Eleanob.  Hccheo-Uibb. 

THE  THRESHOLD  OF  SCIENCE. 
Easy  and  '  AniDBing  Experimenta.  By 
C.  B.  A1.DIB  Wbight,  D.Sr,  F.R.S,, 
Second  Edition,        ... 

OPEN  AIR  STUDIES.  By  Gren- 
viLLE  Cole,  F.G.S..  M.K.l.A.,  Profeiior 
of  Geology,  Royal  College  of  Science  for 
Ireland 

L  PRACTICAL    GEOMETRY", 

IL  MACHINE  DESIGN,      . 

By    Sidney  H.  Wblls,  A.M.Inet.C.E. 

AN  INTRODUCTORY  MANUAL. 
1  Wert 
TniRD 


HECHANICS.       AN    JNTRODUCTOKY    MANUAL. 
By  Prof.  Jamieson.     fiEcoNo  Edition,     . 

THE  STEAM        AN    INTRODUCTORY    MANUAL. 

ENGINE.  ^y   P™f-   jAMIEiiOS.      FOUBTH  EdITIOX,    . 

PHYSICS.  THE  THRESHOLD   OF   SCIENCR 

(Heat,  Light,  By   Dr.   Alder   Wright,   F.R.S.     Ewy 

Photography,  and   Amnslng  Experiments.      {Sie  abort. 

&C.)  The  Chemic^  and  Physical  BxperimeDts 

are  contained  in  the  same  volame),     . 


LONDON:   EXETER  STREET,   STRAND. 


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