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Full text of "Roman Antiquities: Or, An Account of the Manners and Customs of the Romans ..."

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tiOMAN ANTiqpiTlESl 

OH, AIT 

ACCOUNT 

OF 

THE MANNERS AND CUSTOMS 

OP TRB 

ROMANS; 

Respecting their 



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laws, 
Bxueiovi 

mUTABT ASH MATAL AITAISfy 



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nssioiiEO cmsPLT 
TO ILLUSTRATE THE LATIN CLASSICS, 

BT maiAsjmio words and vhrasis, nioM ths iutbs axd cforoif) 

T« WHICH THKT RSVXIU 

BY ALEXANDER ADAM, LL. D> 

Beetor of the Wif% Sehool of Edinbargh, 



81itCOND AKBBlCAy KDITIDX' 



NEW-YORK: 

PUBLfinZED BT £. IJ^TCKINGK, T. A. lUmALDS, S. A. BUltTU?. 

AND E. F. BACiCOS, ALBANV. 

ITewjno Xmut* iNM(€r. 

1814/ • r \/^ •-!: 



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THE NEW YORK 

PUBLIC LIBRARY 

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PREFACE . 



TO 



THE FIRST EDITION- 



"^^"OTHING has more engas^ed the attention of li- 
■^^ terary men since the revival of learning, than to 
trace from ancient monuments the institutions and 
laws, the religion, the manners, and customs of the 
Romans, under the general name of Roman Antiqui* 
ties. Tbb branch of knowledge is not only curious 
iQ itself, but absolutely necessary for understanding 
the Classics, and for reading with advantage the histo* 
ry of that celebrated' people. It is {karticularly requi- 
site for such as prosecute the study of the civil law. 

Scarcely on any subject have more books been writ- 
ten, and many of them by persons of distinguished 
abilities. But they are, for the most part, too volu- 
minous to be generally useful. Hence a number of 
abric^ments have been publislied ; of which those of 
Kennet andNieuport are esteenried the best The lat- 
ter is on the whole better adapted than the former, to 
illustrate the Glassies ; but being written in Latin, and 
abounding with difficult f>hrases, is not fitted for the 
use of younger students. Besides, it contains nothing 
€ooceming the laws of the Romans, or the buildings, 



iv PREPAC5B. 

of the city, which are justly reckon«i among the* bkw ' 
valuable parts in Kennet. 

On these accounts, near twenty years ago, the Com- 
piler of the following pages thought of framing from 
both, chiefly from Nieupoil/a compendium for liis own 
use, with an intention to print it, if he should meet 
with no book on the subject to his mind. But he soon 
perceived, that on several important points, he could 
not derive from either the satisfacfion he wished. He 
therefore had recourse to other sources of information ; 
aqd chiefly to the Classics themselves. To enumerate 
the various authors he has consulted, would be tedious 
and useless. It is sufficient to say, that he has borrow- 
ed with freedom* from all hands, whatever he judgei 
fit for his purpose* He has been chiefly indebted to 
M4)in%UiuSy BrissQfuus, ^M' Middleton, on the senate ; 
to Pignoriusy on slaves >• to Sigonius and GrucchiuSj 
MdnuUus, Huher^ Gravina, Matday' und Heineccius, on 
the assemblies of the people, the rights of citizens, the 
laws and judicial proceedings ; to Lipsius, on the ma- 
gistrates, the art of war, shows of the circus and gladi- 
ators; to SheffeVy on naval afiairs and carriages; to Ftt^ 
rariuSy on the Roman dress ; to JprcAmannte^, on fu- 
nerals; to ArbtUknot, on coins ; io' Ditksan, on agri- 
eultuTO ; to DanatuSj on the city ; to Tumebusy Ahra- 
hamiASy Rosinus, Salmiisiu&y HBttamamanwus, Crravius, 
and OronoviuSy Montfducany PiliscttSy Ernestiy and par- 
ticularly to GtsneVy in )lifferent parts of thfe work. 

After making considerable progress in this Under- 
taking, the Compiler found th^ execution so difficult, 
that he would have willingly dropt it^ could he have 



PREFACE. Y 

fotiodl aiiy thing o]^ ihie sub}e.ct to answer his Tiews. 
A^ecordingly when Mr. Lempriere did him the favour 
to communicate bis design of publishing that useful 
mrork, the Classical Dictionary, he used the freedom 
to suggest to him the propriety of internungling with . 
his plan a description of Roman A ntiquities. But be- 
ing informed by that Gentlenian, that this was imprac- 
ticable^ and meeting with no book which joined the 
explanation of words and things together, he resolved 
to execute his original intention. It is now above 
thre^ years since he began printings This delay has 
fc^en occasioned partly by the difficulty of the work, 
and making various alterations and additions > partly* 
also by a jsolicitude to receive the remarks of some gen^ 
tlemen of learning, and taste, on whose judgment •.be 
could rely, who liave been so obliging as to read over, 
with critical attention, the sheets as they were printed, 
Afier finishing what relates to the laws and Judicial 
proceedings, the Compiler proposed publishing that 
part by itself, with a kind oisj/Uahus of the other parts 
subjoined ; that he. might have leisure to reprint, with 
ioiprovements, a Summary of Geography and Histo- 
ry, which he composed a few years a^c^, for the use of 
his scholars* But after giving an account of the deities 
a^d religious rites in this cursory n^anner, and with- 
out quoting authorities, he wjts induced, by the ad- 
vice of friends, to relinquish that design, and to post- 
pone other objects, till he should bring the present per- 
ipiTiv^nce to a conclusij>n, , Although he has all along 
(gjLVldidd breyity, as much us a regard to perspicuity 



vi PREFACE. 

i^euld admit, the book hsi8 swelled to a much ^ater 
size than at fii*gt he imagined. , ,, 

The lab()ur he lids.unde]cgone,.canbe conceired by 
those only who have been conversant in such studies* 
But fie will think his pains well bestowed, tf his work 
answer the end intended, to facilitate the acquisition of 
classical learning. He has done every thing in his 
power to render it useful. He has endeavoured to 
give a just view of the constitution of the Roman go- 
Temrr^ent, and to point out the principal causes of tlte 
various changes which it underwent. This part, it is 
boped, will be found calculated to impress on thp 
minds of youth just sentitnents of government in gene- 
ral, by showing qn the one hand the pernicious affects 
of aristocratic domination ; g^nd on the other, the still 
more hurtful consequences of democratical licentious- 
ness, and oligarchic tyranny. 

But it is needless to point out what baa been attem^tr* 
ed in particular p^s ; as it has been the Compiler's 
gceat aim throughout the whole to convey as much 
useful information as possible within the limitB he Juts 
prescribed to hioiself. Although very few things are 
advanced without ckssieal authority, yet in so e^iten- 
sive a field, and amidst such diversity of opinions, he 
no doubt may have fallen into mistakes. These be 
shall esteem it the highest favour to have pointed (mt 
to him ; and be earnestly entreats the assistance of the 
encourjstgers of learnir^, to entdUe him to render his 
work more useful. He baa submitted his plan to the 
best judges^ and it has uniformly me4 with their 9ppr<H 
bation. 



PREFACE. til 

It may perliaps be thought, that in some places he 

has quoted too maf>y authorities. But he is confident 

no one will think ?o» who takes the trouble to examine 

them. Tills he esteems the most valuable part of the 

book. It has at least been the most laborious. A 

work of this kind, he imagines, if properly executed, 

might be made to serve as a key to all the classics, and 

in some degree supersede the use of large annotations 

and commentaries oh the different authors ; which, 

when the same customs are alluded to, will generally 

be found to contaih liflle else but a repetition of the 

same things. 

Agthe work is not divided into books and chapters, 
the table of Contents, it is hoped, will supply that defi- 
ciency. 

The Compiler has now in a great measure complet- 
ed, what' above twenty years ago he conceived to be 
waging in the common plan of education in this coun- 
try. His first attempt was to connect the study of La- 
tin grammar with that of the English ; which was ap- 
proved of by some of the first literary characters then 
in ifae kingdom. It is sufficient to mention Mr. Har- 
ris and Dr. Lowth. He has since contrived, by a new 
but natural arrangement, to include in the same booka 
vocabulary, not only of the simple and primitive words 
in &e Latin tongue, but also of the most common de- 
rivatives and compounds, with an explanation of phra- 
ses and of . tropes& His next attempt was to join the 
knowledge of ancient and modern geography, and the 
principles of history, with the study of thie classics. 
And now he has endeavoured to explain difficult words 



Val ^ PREFACE. 

and phrases in tim Roiiian aii^^irsvtrom tbe custofti^ 
to which they r^fer. How far he hste succeeded in the 
execution, he must leave others to judge. He can only 
say, that what he has written has proceeded from the 
purest desire to promote the knprikrement of youth ; 
smd that he should never have thought of troubling 
the world with his publications, if he could have founds 
on any^yf the siibj^ts be hos^^ treats, ahpbk -arfaptelll 
to hhi j^mpose. He has stttainedhis efid^if he has put 
it in the power of the teacher "to convey instruction 
with more ease, and in a shorter time; and of the' 
learner, to procure, with greater facility, instruction 
for himself* He has laboured long in the educatioii. 
of. youth, and wished to shew himself notunworthy of 
the eonfideace reposed in him by the. public. Hi^ 
chief enjoyment in life bis arisen from the acqubitioa. 
and comAiunieation of useful knowledge ; and he can 
truly say witlf Senet^a, Si cum hoe exceptione ddut scr- 
pkntia^ ut Ukm incSiH^n Uneaniy nee en/mciem, rgiciam, 
Ep.6. / ^ 

Edimburghy l . 

^n7, 179l.[ - • 



AOyEHTtSBMUm* 



tOTBB 



IfiCOND EDITION. 



npHE Co£0|Hler km (elt much satisfactioa from the 
-^ favourable reception his performance has raei with. 
He ba^ ia pai^cular^ been highly gratified by the ap- 
l^^faatioii of sereral of the masters of the great schools 
in Er^landy and of the professors in the universities of 
both kingdoms. Hie obligii^ communications he has 
received from them, and from other gentlemen of the 
first character for classical teaming, he will ever re- 
member wkh gratitude. Stimulated by such encou- 
ragement, be hc» exerted his utmost indiMry to iii^>rove 
this editHKi. The numerous facte and authorities he 
has added will ^ew the pains he hM bestowed. The 
Index of Latin words and phrases is considerably en- 
larged: and an Index of proper names aM things is 
subjoined ; for suggesting the utility of which, he is in- 
debted to the authors of the Analytical Review. 

There are several branches of his fmbject which still 
remain to be discussed, and in those be has treated of^ 
he has been obliged to suppress many particulars, for 
fear of swelling hb hoek to too great $ sise. It has 
therefore been suggested to him, that to render this 
work more generally vseful, it ought to be printed in 
two diderent forms ; in a smaller size, for Uie use of 
schools, and in a larger form, with additional ofoserya- 
tions and plates, for the use of more advanced students. 
This, if he iind it agreeable to the public, he shall en- 
deavour to execute to the best of his ability : but it 

B 



X ADVERHSEMENt* 

must be a work of time ; and be is now oUiged to di-^ 
rect his attention to other objects, which he considers 
of no less importance. 

As several of the Glassias .both Greek and Latin> 
are difierently divided by differeat editors, it will be 
proper to mention what editions of these hav^ been fol- 
lowed in the quotations :.C<zsar, by Ctarhe, or in usam 
'Dalphim ; Pliny ^ by BroUer ; CtmnctiUan and the wri- 
ters on husbandry, by Oe$mt i PetrMms Arbiter^ by 
jbnrmannus ; Dumysius of HaUeafnatOmSy by Bciske ; 
PMarch^s Morqki by Xtfimnderj and IH& CdsitiWf hj 
jReimams* It b needless to mention the editions of such 
authors as are always divided ki the sraie Qianner. 
Those not divided into chapters, as ^jpptait, fiS(ra£o^ 
P/iifareft's Lives, Stiu are quoted by books and pages- 

Edinburgh, ) 

itfay 2U#, 1792, < • , 



CONTENTS, 



*J»OUNDATK»lof Rome," . - - - - X 

JC I>ivisibn«ftelnhabitant9» . - • - - ib. 

I. SENATE a&d PATHtexAiis, - - - -2 

• BadbtMofSenaton^ - * - - - - - 7 

OlnsaftafdonofdielfaMti^ 11 

" Decrees of the Senate^ i. - - - - W 

Power of tbeSea«te» - - - - - 21 

ILEQUITES, - - - - - - - 28 

jn.PLEBEIANS, - - - - ♦ • - 31 

Patrons and Clients* 32 

JVo&Uet tt IgpobUest - - - - * - 33 

Oentet et PamKa, - , - - - - 34 

Names (^ the Romans, . , - . . 35 

Ingmm ei lAbertm^ • - . ■ • > 37 

-iVSLAVES. - 38 

RIGHTS of Rom AH CmzBNS, - . ► - 4(5 
I. PRIVATE RKJHTS, 48 

1. Right of liberty, ------ ib. 

2. —qffanulr* - 50 

3. -~— 'OfiBamage, - - - - - - ib. 

4. — -vofafittiier, - - - - - - 51 

Emancipatioa «nd adop^n, - - • - 53 

5. Ri^t of property,- - - . - - - Si 

— r- of tOBstamen^ • 61 

— — (tfwardsl^ .-..-. 67 

H. PUBLIC RIGIjlTS, - ' . . 68 



\ 



xii* G0NTESTS. - ^ 

.Page 

Jos Lath, - . ,. ^ \ , ■ - ,' I .v/12. 

— -Italicum, - - - . . • - ' 'i 74 

State of the provinces, - • « • • t' 75 

■ ■ - municyaltowns, colonies, he. . »• - - 77 

^ ■foreigners, - . .•...- - 81 

qOMITIA, or assemblies-oftfaepeople, . • -82 

1. ComitiaCuriattt, , . , . . - • . 83 

^ — ~— — Cnitertdto, - - ;.--• -85 

3 TrUmta, - . - • » - 103 

MAGISTRATES, . . - ... 109 

Kings, ... % . . . . 114 

I. ORDINARY MAGISTRATES. - . * ' 

1. Consuls, • . . .r , . . . . . 116 

2. Praetors, . . .. > . . . 128 

3. Censors, . . .. .> . • ^ . 135 

4. Tribunes, . . - - . » - - . 144 
.5. iEdiles, * - - 152 

6. Quaestors, ...... 154 

0(her ordinary magistrates, . ... . 158 

New ordinary ma^strates under the £iii{)erca«, - 159 



U. EXTRAORDINARY MAGISTRATES; 



1, I^tator, and mastier of the horse, 

% Decenarin, . . ' . . 

5. MiliCBiy Tribumtfs, . . ' . 
, 4. IiUcTTeXf .... • 
Odier extraofdinary maipstrates, 
in. PROVINCIAL MAGISTRATES. 

1. — — 'Undertherepub&c, . 

3. — . Under the J^perofs, 
Se-establishntent of Monarchy iind$r. die Etaiperors, 179 
JPabUc servants of the Ma^Qttates, ... • 188 



162 
166 
168 
169 

lb. 

ib. 

ib. 
176 



/ 



. CONTENi:S^ %t& 

:% • 

;, -> . ' Page 

LAWS OF THE ROMANS, - - . -i 192 

JusetLeXy • • • - - - •194 

LawsoftheTwdvc Tables, . - • • 198 

^ Origin of Iawyers« . • - - -^ — 500 

Consultation of la wyarS) • - - -- -501 

Lawyers under the Emperors, * - ^ '202 

Laws made at different times, ^ '- - 204 

Laws:4>f the Emperors, - • 238 

CoaP47s JuKis, . - r - - •-- 240 

JUDICIAL PROCEEDINGS. 

I. CIVIL TRIALS, -. . • . . ^ -mil 

L Summoning to court, - .-* - - 242 

2. Requesting a writ| • - . . . 243 

3. Different actions, - . - - ^ 245 
4* App(^tmentof/iie£c£i, . . - • 262 

^ S. Form of trial, - - - - • ' ^^* 

6. Judgment, * - 266 

. 7, Consequences of a sentence, . - - 267 

IL CRIMINAL TRIALS, - . -< . 270 

r---^ Before 0iepoqpfe, - - - . ib- 

-—r Before inquisitors, - . - - 274 

Befdrfc the Praetors, ^. - - - ib. 

. 1. CJboice<tfajur;;y - 7 - - . -, 275 

2. The accuser, ^ ^ 1 - - - 277 

. 3. The accusaUcm, - - - - - 278 

4. Trial and sentcsi?e, - - - • - 280 
S- Punishments, . - - - - - 20) 

- RELIGION i/rt(? ROMANS. \; 

vX)£ITiBS. ^ — ^ • -- - 

^:^U. mSef0cti, *.v^ * :i" >: * > 302 



i 

' ' , Page 

JusLatii, - . . V w '. , • 'V ; .V-IHt. 

:— IxALicuM, • . . . , ^ .: — 1 74 

; State of the proviQCes, ,. . * , • ; 75 

. — -^~ municipal townsj colonies, fcc > - -77 

" ■fGreigners, 1 . • - . , . .81 

QOMITIA,orassembliea^tbepeq)le, • • - 82 

:* 1. OMttoOvm/a, , !► - * -'- - • - 83 

^ " 1 ■ i Ceniuriata^ • * ; t,^ .^. .85 

3. ■ Trikaa^ ,-,-.•, ^ . 103 

MAGISTRATES, . • . • . . • 10© 

Kings, .... *, . . . . 114 

I. ORDINARy MAGISTRATES. . . * - ' 

h Consuls, - -..,.*-. . \ ' 115 

5. PnetCMTs, . • . • .; • . . 128 

3. Censors, - • -. -^ . * v . 135 

4. Tribunes, . - - . . » ^ * . 144 
J5. iEdiles, - ... . , . ^ • , 152 

6. Quaestors, . - . . . ^ I54 
Ottier ordinary magistrates, • . - . • 158 
Ne w ordinary magistrates under the EmperarS)^ 159 

II. EXTRAORDINARY MAGISTRATES. • 

1. Dictator, and master of the horse, . * 162 

% Decemviri^ .-'-.. . 166 

5. WSIitary TriBuftft, . . - . . 168 
. 4. InierrcXf /^ . , . ^ • - . l69 
O&er extraordinary magistrates, - . ,. ib. 

III. PROVINCIAL MAGISTRATES, . . Uk 
1. ——Under the republic, - . . . Jb. 
2. — 7- tJnder the E^perorsy . . ?- 176 

Jle^establishment of Monarchy imd«r Ae JSmperols, 179 

Public senrantB of the Magistiates, . . ^ « 188 



• CONTENXBL siif 

. ' Page 

LAWS OF THE ROMANS, . . - i 192 

AuetLex^ • . • . - . - . - 194 

Lawsvoftli&Twdve Tables, .... 19B 
Ori^ of lawyers, . . • . - - .^ — 500 

CoDSttltation of lawyers, - ^ « « -^1 

Lawyers under the Emperors, * . « SD2 

Laws made at different times, '^ - • 204 

Laws^of the Emperors, - « « . 238 

CoEF0s Juris, - * * - . >.- 240 

JUDICIAL PROCEEDINGS. 

ICIVILTRJALS, ...... 24i: 

L Summoning to court, - • * • 242 

2. Requesting a writ| - - > - . 243 

3. Different actions^ . • . • . 245 

4. Appcnntmentof/ue/icei, «... 262 

5. Form of trial, - - - • • - 264 

•6. Judgment, ^ 266 

7. CcDsequences of a sentence, ... 267 

IL CRIMINAL TRIALS, - ^ .< . 270 

i~— *Be{i9re0iepoqpfe, - - - ^ lb. 

^—r- Before inquisitors, • . . • 274 

Before the Praetors, ^. . - - ib. 

. 1. CJboiceofajury, - : - - . -. 275 

2. The accuser, . . - - - - 277 

3. The accusaUbn, ..... 278 

4. Tnalandaente&cei 280 

5- Punishments, 290 



• 



RELIOION (iTthe ROMANS. 



•^Deities. - ' •.-,;■■-- : 



xiv contents: 

3. Dn mmorum gmHum^ • * •' • 306 

II. MiKISTESSOF RfitlGIOK, - • • > SIQ 

III. Places of Woeship, and ReiiIgIotts Riites, 343 

TheRomak Yeae, 352 

Division of Days^ • . . « • 359 

Roman Festivals, - « - «. - U>« 

. ROMAN GAMES, . , 365 

1. Games and shows of the CircuSi * « ib. 

2« Gladiators, - - - . - • 371 

3. Stage playst • - . ' . ^ - 379 

• • - - - 

MILITARY AFFAIRS. 

1. Levying of Soldiers, * • « - - 389 
2* Division of tro(q>s ; their arms, officers, and 

dr^s» 395 

3. Disciplme of the Romans ; their Marches and 

Encampments, 401 

4. Order of Batde, and different Standards, . 408 
& Military rewards^ • « ^ . . 415 

6. A triumph, 418 

7. Military pumshments, • . . « 423 
8« Military pay and dischafge, « . . 424 
9. Atta<:k and Defence of towns, • - - 426^ 

NAVAL AFFAIRSof the Romans, . - - 430 

CUSTOMS.of the ROMANS. 

LDaESSt ^445 

n. ENTEETAINliKENTS) * 469 

Posture at meals, • • . - . . 472 

. Couches, •.«•.«. ib. 

Tabks, ^ . . • . . .475 



COKTENTS. XV 

- • . ' Pagt 

-£xttciseSy .,,..--.• 478 

BattaB, ..... ... ^ . 480 

Fa^i0iii(te4bhe9, ^ * .... 486 

Wines, ........ 492 

' Cups, . . ... . . . , 495 

PdrraleBMEies, . • 497 

HLMakiiacs, -^ . . ^ « . . 499 

^ Divorce, v_ - . . • - . - . 509 

rV. FUWEHALS,'- 512 

VVEIGHTSandCOINS, 534 

' Computation of mooey, .... 540 

of interest, - . . - 545. 

MEASURES of LENGTH. - - . - 548 

' ■■ I qf Capacity, - - - - . 550 

Mb»hod of WBITING, 551 

LiBSARIKS, . . . . ^ . 563 

ROUSES of tile ROMANS, . . . - 565 

Spinning and weaving, 569 

Chimneysatid windows, > . ' . . . 573 

VtiLAsandOAKSZNS, ^ 578 

AGPICULTURE, ...... 581 

FVopagation of trees, ...... 594 

CARRIAGES, • .599 

DIVISIONS of the CITY, - * - - 612 

PUBLIC BUILDINGS, - - - . - 616 

1. Temples, ---.,.-. ib. 

2. Places of amusement and exercise, - . 620 
. 3. Curue^ - - - - - - - 621 

. 4. /W, -.-..-. ib. 

S- Porticos, - . - - - - - 623 

6. Ci^nrns, 624- 

7. Triumphal atches, ----- 625 



2m CONT£N'P&. 

Fage 

8. Trophies, 626 

9. Aqueducts, - - - . - • 627 
10. Omcm^ - . . . • ^ . 628 
IL Public wa]rs, •--.-. 629 
12. Bridges, -.-..- ^ 632 

Limits of the Empire, - - - - 633 



SUMMARl 



QP 



ROMAN ANTIQUITIES. 



The FouNBAXioN qf the City, and Division qfUs 
Inhabitants. 

ROME was founded by Romulus and a colony from 
jil6a Longa^ 753 years, as it is commonly thought^ 
before Ae birth of Christ. They began to build oa 
the 21st day of April, which was called Palilia^ from Pales, 
the goddess of shepberdsi to whom it was consecrated, and 
was ever after held as a festival ; idles natalis urbi$ Roma.) 
Veil. Paterc. i. 8- Ovid. FasU iy. 806. . 

Romulusdivided the people or Rome into three TRIBES ; 
and each tribe into ten CURIAE. The number of tribes 
was afterwards increased by degrees to thuty-five. They 
were divided into country and city tribes, irustica et urba* 
naJ) The number of the curia always remained the same. 
Each curia anciently had a chapel or temple for the per<« 
formance of sacred rites, Varr. de Lat. Ung* iv. 32. TaciU 
Amu xii* 24. Dionys. ii. 23. He who presided over one 
curia was called Curio, {quia sacra curabat^ Festus) ; he, 
who presided over them all, Curio Maximus. 

From each tribe Romulus chose 1000 foot soldiers, 
and 100 horse. These 3000 foot and 300 horse were called 
LEGIO, a legion, because the most warlike were chosen^ 
Plutarch^ in Romulo: Hence one of the thou^nnd which 
each tribe furnished was called Miles, Farro de Lat. ling. 
iv. 16 (jmus ex millie)^ Isidor. ix. 3. The commander of a 
tribe was called Tribu nus, (^A«eA;»« veir^trvm^xn.) Dionys* 
ii. 7. Feget. ii. 7. 

The whole territory of Rome, then very small, was also 
divided into thre© part^ but not equal. One part vv^s ajjot;^ 



2 ROMAN ANTIQUITIES. 

ted for Ihc service of religion, and for building temples; an- 
other, for the king's revenue, and the uses of the state ; the 
third, and most considerable part, was divided kito thirty- 
portions, to answer to the thirty curiae, IHanys. ii. 7. # 
The people were divided into two ranks iordines)^ PA- 
TRICIANS and PLEBEIANS ; connected together as 
PATiRONS and CLIENTS, Dionys. ii. 9. In after times, 
a tliird order was added, namely, the EQUITES. 

Th« SENATE. 

1. The Institution and Number <^tke Senate. 

THE Senate was instituted by Romulus, to be the perpe- 
tual council of the Republic, {Consilium reipublic^ 
sempitemumy Cic. pro SextiOy 65.) It consisted at first only 
of 100. They were chosen from among the Patricians ; ac- 
cording to Divnysius of £blicamassuSi ii. 12. three were no- 
minated by each tribe, and three by each curia. To these 
ninety-nine Romulus himself added one, to preside in the se- 
nate, and have the care of tlje city in his absence. The sena- 
tors were called PATRES, either upon account of their age, 
or their paternal care of the state ; certainly out of respect ; 
Liv. i. 8, and their offspring, PATRICII ; ( Qui patremctere 
possentj u e. ingenuiyLiv. x. 8. Dionys. ii. 8. Festus.) After 
the Sabines were assumed into the city, another hundred was 
chosen from them, by the suffrages of the curia^ Dionys. ii- 
47. But, according to Livy, there were only 100 senators at 
the death of Romulus, and their number was increased by 
Tullus Hostilius, after the destruction of Alba, i. 17« & SO. 
Tarquinius Priscus, the fifth king of Rome, added 100 more* 
who were called PATRES MINORUM GENTIUM. 
Those created by Romulus, were called PATRES MA- 
JORUM GENTIUM, Tacit. Annul, xi. 25. and their pos- 
terity, Patridi Majorum Gentium. Thisnumber of 300 
continued with small variation, to the times of Sylla, who 
increased it ; but how many He added is uncertain. It ap- 
pears there were at least above 400, Cic. ad Attic, u 14. 

In the time of Julius Csesar, the number of senators was 
increased to 900, Dio. xliii. 47. and after his death to 1000; 
mcvny worthlj^ss persons having been admitted into the se- 



riate dttring the cirS wars, Id lit. 42* one of whom is called 
by Cicero self-chosen, ilectus ip^ease). Phil. xiii. 13. But 
Augustus reduced the number to 600, Suet. Aug. SS^ Dw^ 
liv. 14* 

Such as were chosen into the senate by Brutus, after the 
expulsion of Tarquin the Proud, to supply the place of those 
whom that king bad slam^ were called CONSCRIPTIy t. e^ 
persons x»rttten or enrolled together with the old senatofis, 
who alone were properly styled Patres. Hence the custom 
of summoning to the senate those who were Patrest and 
who weiie Canscrip/i ; iita appeUabant in novum senatum 
lectos^ Liv, ii. 1.) Hence also the name Patres Conscripti 
(sc. et) was afterwards usually applied to all the senators. 

2- The Chusing qf Senators. 

pERSONS were chosen into the senate, iSenatus legeba- 
-t tur^ Uv, xl. 5 1 . vel in senatum legebantur, Cic. Cluent. 
47.) first by the kings, tiiv. i. 8. xxx. 35. and after their ex- 
pulsion, by the consuls, Liv. iL 1 . and by the military tribunes, 
Festus in Prateriti Senator es ; but from the year of the city 
310, by the censors: at first only firom th^ Patricians, but 
afterwards also from the Plebeians. Liv. ii. 32. v. 12. 
chiefly however from the Equites : whence that order was 
called Seminarium Senatus^ Liv. xlii. 61. 

Some think that the Senate was supplied from the annual 
magistrates, chosen by the people, all of whom had of course 
admittance into the senate; but that tlieir senatorial charac* 
ter was not esteemed complete, till they were inroUed by the 
censors at the next Lustrum ; at which time also the most 
eminent private citizens were added to complete the num- 
ber. See Middleton on the Roman Senate. 

After the overthrow at the battle of Canme, a Dictates 
was created for chusing the senate, Zm. xxiii. 22. After the 
subversion of liberty, the Emperors conferred the dignity of 
a senator on whom they thought fit. Augustus created three 
men to chuse the senate, and other three to review the Equu 
tes^ in place of the censors, iS'tfi^f. Jug. 37. Dio. Iv. 13. 

He whose name was first entered in the censor^s books* 
was called PRINCEPSSEN ATUS, which title used to be 
given to the person who of those alive had been censor first> 



$ Roman ANTIQUITIES. 

(guiprimus censor^ exnsqm vwereHt/aissetjIAo^xxyiull.y 
but after the year 544, to him Ti^hom the censors thought 
most wortl^, Liv. xxvii. 13. Thisdignity, although it confer-^ 
red no command , or emoldmoit, was esteemed the very- 
highest, and was usualiy retained for life, Liv. xxxiv.44* 
2:xxix.53. It is called Prikcipatus; andhenceafterwards 
the Emperor was nsmeAJPrincepSy which Word properly de- 
notes only rank, and not power. 

In chusing senators, regard was hsid not only to tiieir rank, 
but also to theif age and fortur^. 

The age at which one might be chosen a senat<^ CiEx a s 
^enatokia) is not sufficiently ascertained; although it ap- 
pears that there was a certain age requisite, Cic. de lege Ma^ 
nU. 21, Tacit. Ann. xv. 28. . Anciently senators seem to 
havebeen men advanced in years, as their name imports, jSb/» 
lust. Cat. 6. Cic. de Sen. 6. Chid. Fast. v. 63. Flor. i. 15. 
But ixi after times the case was otherwise. Itseemsprobable, 
however, tibat the age required for« senator was not below 
thirty j from certain laws given to foreign nations, at different 
^mes, in imitation of the Romans, Cic. in Verr. ii. 49* 
P/m. ad. Traj. Ep. x. 83. for there is no positive asserti(H« 
on this subject in die classics. 

The first civil office which gave one admission into the se- 
nate was the Quaestorship, which some have imagined might 
be enjoyed at twenty-five, gnd consequently that one might 
then be chosen a senator; from Dion Cassius, lii. 20. Odiers 
think at twenty-seven, on the authority oi Poly bins, vi. 17. 
who says, that the Romans were obliged to serve ten years 
in the army, before they could pretend to any civil magistracy; 
and as the military age was seventeen, of consequence that 
one might be made qujestor at twenty-seven. But few ob- 
Imned diat office sb early; and Cicero, who often boasts that 
he had acquired all the honours of the city, without a re- 
pulse in any, and each in his proper year, {suo anno), or as 
«oon aii he could pretend to it by law, had passed his thirtieth 
year before he obtained the quajstorship, which he adminis- 
tered the year following in Sicily. So that the usual age of 
enjoying the quaestorship, {atas quastoria^) and of course of 
being chosen a senatoj', in the time of Cicero, seems to havje 
been thirty-onc. 



mhe Senate. ♦ S 

But aldiough a perwnbad enjoyed thequaestorship^he did 
not OD that account becoBie a senator, unless he was chosen 
into that order by the censors, GeL iii. 18. But he had 
everaftertherightof coming into the senate, and of giving 
his opunonon toy question, Cic. in Verr* \, 14. Ep. ad Fam. 
ii« 7* About this, however, wrkers are not agreed. It is 
at kast certain, that there were some offices which gave per« 
sons a legal title to be chosen into the senate, {Mnde in sena- 
tumlegi deberent^ JUax. xxii. 49. Hence perhaps the sena- 
tors are scmietinies said to have been chosen by the people^ 
{lectijussu poptdt^) Liv. iv. 4. Cic. pro Sext. 65. And Ci- 
ccfo often in his orations declares, that he owed his seat in 
. the senate, as well as his other honours, to the favour of the 
people, post red. in Senat.l. He asserts the same thing in 
general terms, in Verr. iv. 11. pro Cluent.Sff. 

Persons also procured admission into the senate by mili-^ 
tary senfict^Senatoriumpermilitiam auspicabanturgradum^ 
tSenec. Ep. 47. So Liv. xxiii. 23. 

When Sylla, after the destruction occasioned by his civil 
wars and proscriptions, thought proper to admit into the se- 
nate about SOO Equites, he allowed the people to give their 
vote concerning each of them in an assembly by tribes, ./^^- 
pian. de Sell. civ^ vi. 413. But Dionysius says, that Syllasup- 
plied thesenate with any persons that occurred to him, v. J7. 
and probably admitted some of the lowest rank, Dio. xl. 63. 

The Flumen of Jupiter had a seat in the senate, in right 
of his office, Li&. xxvii. 8. a privilege which none of the 
otberi)riests aijoyed, Cic. ^tu iv.2i' 

Augustus granted to the sons of senators, after they as- 
sumed the manly gown, the right of wearing the latus clavusy 
and of being present at the debates of the senate, that thus 
they might become the sooner acquainted with public affairs, 
{qiiocclerittsreipublicaasiuescerenf)^ Suet. Aug. i^, They^ 
also had the privilege of wearing the crescent on their shoes, 
Stat. Syb). v. 2. 28. 

No one could be chosen into the senate who had exercised 
a low trade, or whose father had been a slave, ilibertinopatre 
mtus^Horat. Sat. 1. 6.21. &44.) ; but this was not always 
observed. AppiusClaudiusCaecusfirstdisgracedCwigwwovi^ 
vcl deformavit)ibt senate, by electing into it the sonsof freed- 



6 ROMAK ANTIQUITIES^ 

men, (UAertmorum fiUis ie^Hs)^ Xm* ix. :S9» 4& or the 
gra;idsons^ according to Suetonius, who say s» thut libtrtini^ in 
the time of Appius, did not denote those who wete&eed, but 
liiti}^ "progeny ^{ingfHms ex U^ 24. a 

distinction which no where occurs in the. classics. Sex. 
Aur. Victor calls those chosen by Appius, LiB£RTiNi;Gfe 
vir. illusL 34, But no body regsffded diat dectidn^ whatever 
it was, as valid, Uv. ix. 46. and the next consuls c.^lleA the 
senate in the torder of the roU, which had been in use before 
the censorship of Appius, Ibid. 50* It appears* however, that 
freed-men were admitted into the senate, at least towards 
the end of the republic. For Diem Cassius, speaking of the 
censorship of Appius Claudius, and Piso, the father-in-law 
of C«sar^ A. U. 704, says, that Appius excluded not only 
all freed-m€rt(2r«A«f*^*fw),but also many noblemen, and among 
the rest Sallust, the histprian, xl. 63. for having been engag- 
ed in an intrigue with Fausta, the daughter of Sylla and wife 
of Milo, (a quo deprehensw^yirgis cams erat) / Qell. xvii# 
18. Serv. in Virg. Mtu vi. 612. A€ton% in Horat. Sat. i. 2* 
41. Cassar admitted into the senate not only his officers, Dio» 
xlii. 51. buteven his mercenary soldiers. Id. xliii.20.xlviiL 
22. liL 25, & 42« all of whom Augustus removed. Ibid, at 
which time he was so apprehensive of danger, thatw^hen he 
presided in the senate, be always wore a coat ofmail under 
his robe, s^nd a sword, with ten of the stoutest of his senato- 
rian friends standing round liis chair. Suet. Aug. 55. 

In the year of Rome 535^ a law was made ttuit no sena- 
tor, or father of a senator, should keep a bark above the 
burden of 300 amphora^ or eight tons ; for this was reck- 
oned sufficient to carry dieir grain from their farms, and it 
seemed below a senator to reap advantage by merchandise, 
Xtu- xxL 63. Cie. in Verr. v. 18. 

Anciently no regard seems to have been paid to the for- 
tune (census) of a senator, Plin. xiv. 1. and when it was 
first fixed does not appear. But in the flourishing state of 
the republic, as we learn from Suetonius, it behoved every 
senator to have at least eight hundred sestertiay or 800,000 
sestertii^ which arecomputed to amount to between six and 
seven thousand pounds sterling ; not annually, but for their 
whole fortune. Augustusrai^ed it to 1200 sestertia^ and sup- 



7%e SXWATS. 9 

I^iedthedeiciency tolbose whahadnot tfiat8Hin,/9i^»f Jff/^« 
41. Ctcei'o also mentions a certain fortmie as rt:quisite iii a 
senator, Fastu xm. S. 

Every iustrum^ u e. at die end of every fifth year, tlie se« 
nate was reviewed by one of the censors ; and if any one by 
his bdiaviour had r^idered llTfnself unworthy of that high 
rank, or had sunk his fortune bek>w that of a senator, Us 
name was passed over by the censor in reading the roll of se« 
nators ; and thus he was hdd to be excludecT from the se- 
nate, (motus e senatu\ 

But this, though disgraceful, did not render persons mfa- 
mousj as when they were condemned at a trial : for the igno^ 
mintf might be removed by the next censors, or they might 
obtain offices which again procured them admittance into the 
senate, Cic. proClutnt. 42. as was the case with C. An- 
tonius, who was consul with Cicero; and with P. Lentiilus, 
who was prsetor at the time of Catiline's conspiracy, Dio. 
xxxviii. 30. Thus also Sallus' the historian, that henmight 
recover his senatorian dignity, was made prsetor by Csesar, 
Dio. xBi. 52. and afterwards governor of Numidia, where 
he did not act as be wrote, («v» tpuf^trmv t^ J^ym tm^ a«v«i;$.J 
Id. xliii. 9. but l^ rapacity and extortion accumulated a 
great fortune, which he left to his grand-nephew. Tacit. 
Annal. in. 30. Horat. Od. ii. 2. 

This indulgence of beingenrolled in the senate as supernu- 
merary members, without a formal election, was first granted 
to magistrates by the censors; A. U. 693. Dio. xxxvii. 46. 

There was a list of the senators, (album SEXAToairM, 
xtvx^nM vel «f«y^*pv /3di;Aifir<rf), whcrc all their names %vere 
written, which, by the appointment of Augustus, u*-ed to be 
annually pasted up in the senate-house, Dio. Iv. 3. et Frag- 
ment. 137. and the name of any senator who had been con. 
demned by a judicial sentence, was erased frtynx it, Tacit. 

Annal. iv. 42. 

••I 

3. The Badges and Privileges o/ Senatorsi'^ 

THE Badges (insignia) of senators were, L the Lattss cla^ 
vus, or Tunica laticUwiay i. e. a tunic or waistcoat witk 
m oblong broad stripe of purple, like a ribbon, sewed to it 
on the fore part- It was broad to distinguishitfromtl^tof the 



• ROM-^ ANTIOUITIES. 

EquiM», whro wore anarr^iw otie. 2. Bbek buskins feacb- 
ing to the middle of the le^r fforca. Sat. L jS* 28. with the 
letter C in silver on the top of the foot, Jtw.viu 192. Hemse, 
raiceos mutare^ to t?eoome a senator, Cic. PhiL xni* 13. 3. A 
particular place at the publick ^ectacles, called Or c h £« - 
TKJLy next ^ stage in ^e theatre, and next the arena in the 
amphitfieatre, Cic. Ctutnt. 47. 

/This was first granted iSax^tti by P. Cornelias Scipio, the 
elder in his cf^nsulship, A. U. SS8. lAv. xxxiv* 54. Hence 
Orchestra is put for the senate itself, Jtwenal' iii* 177. 

In the games of the circus, the senators sat promisGUously 
with the other citizens, till the Emperor Claudius afssigned 
them peculiar seats ^lere also, SueU Claudk 21. Dio. Ix. 7. 
" On solemn festivals, when sacrifices were offered to Jupi- 
ter by the magistrates, (jn epuloJovis^ vdinoasna ZHaA,)the 
senators had the ade rie^tof fi^asting publicly in dieCapitoU 
Gell. xii< 8. Dio. xlviii. 52. drestin their senatorian robes, and- 
such as wereproper to the offices which they had borne in the 
city, Cic. PAiL ii. 43. Senee. contr. i. 18. When Augustus 
reduced the number of the senate, he reserved to these who 
were eiiicluded, the badge of their dress, and the privilege of 
sitting in the Orchestra^ and of coming to these public en- 
tertainments, (pubHei epulandijus ;} Suet. Aug. 35. 

4. The Assembtins of the Senate^ and the Time and Place 
i)f its Meeting. 

THE senate was assembled (canvoeabatur^vd cogebattir) 
at first by the kings, Liv* i. 48* after the expulsion cf 
Tarquin, usually by the consuls; and in their absence by the 
praetors, Cic. Ep. Fam. x. 12, 28. alsoby the dictator, master 
of horse, Lw. idii. 33. (/^r^/w/ri, military tribunes, inf<?rr<?a:, 
prelect of the city,Xii;. iii. 9. & 29. A. Qell. xiv. 7. and by 
the tribunes of the commons, who could summon the senate 
although the consuls were present, and even against their 
will y ^. Ep. Fam. x. 28. xi. 6. De Orat. iii. 1. Geli. xiv. 
8. The Emperors did not preside in the senate unless \vhea 
invested with consular authority, {Princeps pra^sidebat ; 
erat enim consul;) Plin. Ep. ii. JLl. Paneg.76. 

The senators were summoned {ajxessebantur^ citabantur^ 
Twcabaniur^in senatumvocabqntur^ &c.) anciently by a pub- 



iic officer named VIATOR, becaiise he called the senators 
from die country; CicdeSen.ie.orhya pubi.ic CRiEB.when 
any thing had happened about which the senators wenetobe 
consulted hastily, and witl)ut delay, Xr». Ui. 38. but in lat- 
ter times by an EDICT, ^pointing tlie time andplace^and 
publishedseveraldaysbefQre,Ctt:./»iW.iii.8aH)toniyatRome, 
but sometimes also in the other cities of Italy, Cic. arfv<«.,ix, 
1 7- Thecause irf* assembling it used also to be added, con- 
SWZTANDUMSUPEa RE MAOHA £T ATtLOcu'Tacit.^nnol. 
M. 28. Edicere tenatum in proximum diem ; Ethare ut se- 
Ttatus adeitet. We. Cic. et Liv. passim. 

If any saiator refused orneglected to attend, he was pun- 
ished by a fine and distraining his goods,/'ma/cte et pigno- 
ris captions :J unless he had a just excuse, Liv. m. 38. Cic. 
Phil. L 5. Plin. Ep. iv. 29. The fine was imposed by him 
who held the senate, and pledges'were taken tiU it was paid. 
But after sixty or sixty.five years of age, senators might 
attend or not as they pleased, Sence. de Brev. Vitte. 20. 
Contrav. i 8. Plin. Ep. iv. 23. 

The senate could not be. held but in a temple, that is, 
in a place consecrated by the augurs, Gell. xiv. 7. that dius 
theu- deUberations might be rendered more solemn, Cic 
Dom.51. ^ ' 

^cienUy there were but three places where the senate 
usedtobehcldrCoTfeffv. SenacuhJ; two within the city, and 
the temple of BeUona wirfjout it, Eestus. Afterwards there 
were m<»e places, as the temples of Jupiter Stator, Jpolh, 
Mars Fulcan, TeUus; oi Virtue, Faxth, Concord, &c. Als<! 
the Cano, Hostitia, Julia, Octavia, and Pompeia ; which 
last was shut up after the deatii of Ciesar, because he was 
slam m it. Suet. Jul. 88. These Curie were consecrated as 
^ples by the augurs, but not to any particular deiiy. 
When Hannibal led his army to Rome, die senate was held 
in the camp of Flaccus, the Proconsul, betwixt the Porta 
ColltnadSidMsquUina, Liv. xxvi. 10. 

When a report was brought that an ox had spoken, a 
thing frequently mentioned in ancient authors, the senate 
was held under the open air, Plin. Hist. JSTat. via. 45. 

On two special occasions the senate was always held with- 
out the eity, in the temple of BeUopa ©r of Ai>oUo j fpr t|ie 



le ROMAN ANTIQUITIES. 

V 

itcq)tion of foreign ambassadors, especially of those who 
came from eriemies, whofai they did not chuse to admit 
mto the city ; and to give audieiu|p icum senatus datus est} 
to their own generals, who were never allowed to come 
Within the walls while in actual command, Liv. lii. 6S, 
xxli. 47. xxxiii. c. 22, £2? 24, — 34, 43, 36, 39,-42, 36. 
Senec. Benej. v. 15. 

The senate met iconveniebaf) at stated times, on the ka- 
lends, nones, and ides of every month ; unless when the 
comitia were held. For on those days (rfi^Att^romtftaZtAc/*) it 
was not lawful to hold a Senate, Cw. adFrat. ii. 2« adFam. 
i. 4. tior on unlucky days, {diebus nefastis v. airis) unless in 
dangerous conjunctures,/rf.viii.8.Zw,xxxviii.53«—-xxxix* 
39. in which case the senate might postpone the comitia > 
I6id.%cCic.Mnr. 25. 

An ordinary meeting of the senate %vas called SenatusLE^ 
GITIMUS, Suet. Aug'. 35. If an extraordinary senate was 
given to Embassadors ot others, for any reason whatever, it 
used to be caUed INDICTUS or EDICTUS ; and then the 
senators wete usually summoned by an edict, whereby an- 
ciently those were ordered to attend, who were PATRES, 
and who were CONSCRIPII, Lio. ii. I. but aften\wds, 
** those who were senators, and who had alright to ddiver 
** thdr opinion in tfie senate. '* (Qui sENATOREs,<yrjBus. 

K^JZ IN SENATE SENTENTIAL lilCERE XICERET, UT 

ADEssENT ; andsometimes, Ut adessent FR£(^irEN- 
TEs, AD VIII. Cal. Decembr. &c. Cic et Liv. passim.} 

No decree of the senate could beijiade unless there was 
a quorum, {nisi senator umnum^eruslegitimusadesset). What 
that was is uncertain. Before the times of Sylla, it seems 
to have been 100, Liv. xxxix. 18. Under Augustus it was 
400, which, however, that Emperor altered, Dio. liv. 35. 
Iv. 3.- If any one wanted to hinder a decree from being 
passed, and suspected there was not a quorum, he said to 
. the magistrate presiding, Nitmer a Sew atum. Count the 
denate, Cic.Ep. Fam. viii*. 11. Festusin nuhera. 

Augustus enacted, that an ordinary meeting of the senate 
should not be held dftener than twice a month, on the Ka- 
lends, and Ides ; and in the mondis of September and Octo- 
bigr, that only 41 certain number chosen by lot should attendl 



The SSNAT&. U 

Sm*^ *^ug^ 3iS« This reguIaUon X9n made under pretext of 
easing the seoa^ors, but in reality with a view to diminish 
their authority, by giving them less frequent opportunities 
ofexercisiogit. Augustus chose a council for himsdf every 
six months^ (consiiia semestria sortirt) to consider before* 
band vhat things should be laid before a full house» (ad/re^ 
quentem smatum\ Ibid 

The ^ate met always, of course, on the first of January, 
for the inauguration of the new consuls, who entered into 
tti€ir office on that day, and then usually tboe was a crowd- 
ed house. 

He who had the iasces presided, and consulted the fathers, 
first, about what pertained to religion^ ide rebus dwinis% 
about sacrificing tothf God3, ezpiatingprodigies,cekbrating 
games, inspecting the books of the Sibyls, &c. Liv. viii. 8. 
next^ about human a&irs, namely, the raising of armies, the 
mannsment of wars, the provinces, &c. The consuls were 
then said to consult the senate about the republic in general, 
Cflif re/mJ^ca indefinite,) and not about particular things, ide 
rebus ginguHs ^X^K-^id. Gell. xiv* 7.) Thejsame wjas the 
case in dangerous junctures, when the senate was consult- 
ed about the safety of the republic, (de mmma repuibca^ v. 
totaJ) Cic. passim* 

The month of Fdturuary was commonly devoted to hear 
embassies and the demands of the provinces, Cie* ad Fratr. 
ii. 3. &f 12. odFam* i* 4. AscM. in Ferr. i. 35. 

5. T^eManher of Holding and Constiking the -Senate. 

THE magistrate, who was to hdd the senate, ofiered a sa- 
crifice, and took the auspices, before he entered the se* 
nate-house, Flm. Pan^ 76. GelL xiv. ?• If the auspices 
were not favourable, or not rightly taken, the business was 
deferred to.another day, Cic. Fpi^t. x. 12. 

Augustus ordered, that each senator, befwe he took his 
seat, should pay his dovotionS) with an offering of frankin- 
cense and wine, at the altar of that god in whose temple the 
senate were assembled, that thus they might discharge their 
duty the more religiously, Suet. Aug. 35. 

When the consuls entered the senate-house, the senators 
commonly rosf^ up to (|o them honour, Cic. Pis* 12.» 



,12 ", ROMAN ANTIQUITIES. 

The senate was consulfed about every thkigpertaming to 
the administration of the state, except the creatioini of ma* 
gistrates, tlie passing of laws, and the determination of war 
and peace ; all which prqperly belonged to the whde Roman 
people, Diongs* ii* 14. * 

The senate oonld not determitie about the rights of Roman 
citizens without the order of the people, iw. xxvi. 33. 

When a filll house was assembi^, the magtstratepresiding, 
whether consul or praetor , &c. laid the business before them 
in a set form ; Quod bonitm, faustum, pelix, fortu- 

KATUM SIT ; XEFERIMUS AD VOS, PaTRES CoNSCRlP- 

Ti. Then thesenators were asked their opinion in this form; 
Die. Sp. Posthumi, qxriD gentses ? JJv. i. 32. ix. 8. or 
Quip fieri placet; Quid tibi yibetur ? 

In asking the opinions of the ^nators, the same order was 
not always observed ; but usually the princep^ senatus was 
first desn^ to deliver his opinicm, unless when there wefc^ 
consuls dect, who were always asked first, SaiL Cat. 50. 
Cic. Fhil. V. 13. Fam. viii. 4. and then the rest crfthe sena- 
tors accofding to their dignity, Consularesj Pratotiiy Mdilitii 
Tribunitiif et Quntstoriiy which is also thought to have been 
their order in sitting, Cic. PhiL 13. The benches on which 
the senators sat, (sub^eUia)^ Cic. Cat. i. 7» were probably rf 
a long form, Cic. Fam, iii, 9. as that mentioned by Juv^al, 
{longa cathedra), ix, 52, and distinct from one another, 
each fit to hold all the senators of a particular des- 
cription : some of them shorter, as those of the tribunes, 
which seeSn to have held only a single person, Suet. CL 23. 
• The consuls sat in the most distinguished place, on dieir 
cufule chairs, CVr. Ibid, is? Cat. iv. 1. 

As the consuls elect were first asked theiropinion, so the 
praetors, tribunes, &c. elect, seem to have had the same pre- 
ference before the rest of their order, Cic. adAtt. xii. 21. 
in Verr. v. 14. He who held the senate, might ask first 
any one of the same order be thought proper ; which he did 
from respect or friendship, Cic. post redit. in Senat. 7. Liv, 
V. 20. GelL iv, 10. xiv. 7* Senators were sometimes asked 
their opinions by private persons ; {multi rogabantuVy atqtte 
idipsum ccnsuhbus invitis ;) Cic. Fam. i. 2. 



The Senate- • / IS . 

The consuls used to retain through tlie whole year the 
^anle order ^kh they had observed in the beginmng of their 
office, SueU Jul. Sl# But in latter times, especially under 
the KmperocSj they were i;<>ked in what order the magistrate 
who presided thought proper, Cic. Att^ i. 13. Plin. £p. ix. 
13. When they were all asked their opinions, they were 
said perrogariy Uv. :\xix, 18. Plitu Pan, 60. and the senate 
to be rtgukudy consulted on theaft'air to be deliberated about, 
{.ardine ctmstiU), Iav. ii. 28, and 29. Augustus observed no 
certain rule in asking the opinions of the senators, that there- 
by they might be rendered tlic more attentive, Suet. 35. 

Nothing could lie laid before the senate against the will 
of the consuls, unless liy the tribunes of the people, who^ 
might also gfive their negative (moramfocere) against any de* 
cree, by the scdemn word VETO ; which was called tnter- 
c^mgyiintereedere). This might also be done by all who had 
an equal or greater authority than the magistrate presiding, 
Cic. Legg. iiL 3- Gell. xiv. 7. If any person interceded, 
thesentcnceof thesenate was called SENATUS AUCTO- 
RITAS, dieir judgment or opinion, Liv. iv. 57. Cic. Fam. 
i. 2. viii. 8. and DOisenaius consultum or decretum^ their 
command. So likewise it was named, if the senate was held 
at an improper time or place, {alieno tempore aut lacoy; or 
if all the formalities {solemnia) Avere not observed, Dio. Iv. 
3. in which case the matter was referred to the people, or 
was afterwards confirmed by a formal decree of die senate, 
Cic^ Ep. Fam. x. 12. But when no mention is made of in- 
tercession <h* informality, Auctoritas senates is the same with 
Cansultumy Cic. Legg* iiv IS. They are sometimes also • 
joined; thus, Senam$conmlti auctoritas^ which was the 
usual inscription of the decrees of the senate, and marked 
with these initial letters, S. C A. Cic. 

The senators delivered their opinion, {sententiam dice- 
6tfnf), standing: Whenceone was said to be raised, (d'xrftorz),. 
when he was ordered to give his opinion, Liv. ix. 8. Cic. ad 
Attic, i. 13, But when tliey only assented to the opinion of 
another, (j)erbo assmtiebantur)^ they continued sitting, Cic. 
Fam. v. 2. Plin. Pan. 76. The principal senat(ys might 
likewise give their opinion about any o(;her thing, besides 
Avhat was proposed, which they thought of advantage to the 



14 ROMAN ANTIQUITIES,. 

statc«^ .stfid i^<|uire that the consul should lay it before the 
senate ; \yhiah Tacitus calls, Egr^ rekiionefn. They were 
theu^iaid CENSERE referendum de aUqua re^ SoU* Cat* 
SO. Flin. £pM y'u 5. or Meiatianem postulare. Tacit. Ann. 
^m. 49. For no private senatcH-, not even the consul-ekct^ 
was allQwed to propose to the senate any question himseif, 
Cic* ptijt D(m^ 27« Sometimes the whole house called out 
for a particular motion^ Sail. Cat 4^1 And if thii^ consul he^ 
Stated or ri^fused, which he did by saying, Se conside- 
rate vzxLEy.the other magistrates, who had the right* of 
holding the senate^ might do it, even gainst fai^ willt parti- 
cularly the tribunes of the people, Cic. pro leg. Maml. 19. 
proSext. 30. EpisU Fam. x, 16. * Hence Augustus was, 
by a. degree of tlie senate, invested with the power of tribune 
Xoc life, that he might lay any one thing he pleased before 
the senate every meeting, although he was not consul, Dio^ 
liii, 32. And the succeeding Emperors obtained from thft 
senate the right of laying before them one, two, or more 
things at tlie same meeting; which was <i2SkAju$prim^i se^ 
cundip^ terti^f qugrtte^ et quinta relatiamsy Vopisc. et Capir 
toi In those times the senator who gave hb opinion firs^, 
was called. Prima sententia senator^ IM. 

It was not lawful for the consuls to interrupt those that 
spoke, although they introduced in their speech many things 
foreign to the subject ; whiqh they sometimes did, that they 
might waste the d^y in speaking, (ta Aemdkcendo exime* 
rent^cmsumerent v. tollerent). Cic* Verr, 2. 39. For nonew 
reference could be made after the tenth hqur, i. e. four 
o'clock afternoon according to our manner of reckoning ; 
Senec. de Jr^^f^uiU^ An. a. ulf. nor a dea[«e passed after 
sunset, A* Gell* xiv, 7. 

Henqe Cicero, in blaming the decrees of Antony, calls 
them SCta Y£spjgaTiNA,PAf/..iii. la We read^ however, 
of the senate's being assembled at midnight upon the arrival 
of an express from one of the consuls, Sp. Furiu8,thathe 
was besieged by the iEqui and Volsci, A. U. 290» Dimyt. 
ix. 63. so iii. 26. and ofa person harangumg till it was so 
late that lights were^ealled for, {nocte ittatis lueermsX JP(jju 
,Ep. iv. 9. 



7?ie SlKATE. 15 

7l«ose wlio grosdy abused tfiis rigkt of spiking withdut 
Ititerroption, were sometimes forced to jgive over ^)eaking, 
iperoraTe)y by the noise and clamour of the other senators^ 
Cu:. ad Atu iv* 2. Sometimes magisdrates^ when they made 
a disasreeable motion, were silenced in tibis manner. Thus* 
C^ptum est referri de inducendo SCio, i. e. delendo Tel ex* 
pungendo ; cb omni senatu teclamatum est^ Cie. pro Dcm* 
-4. JSjus oroHoni vekementer ab omnibus reclamatum tsty Jit 
l^am. i. 2. So when a senator threw out abusive language 
against any one, as Catiline did against Cicero and olhersi 
the whole senate exclaimed against him, {obstrepere omnes\ 
Soli. Cat' SL 

This used also to occur under the Emperors, ^hus Pliny^ 
sp»king of btmsdf, after the death of Domitian, says, Fu 
mo Incipit respondere Vejento ; nemo putitur ; obturbatur ; 
obstrepitur;aiUoquidefnutdiceret; Roco, Patres C. ks 

WE COGATIS IHFtORAR£ AUXILIUM TrIBUNORUM. Et 

statimMurena tribtmusj Permitto tibi, vir clarissi- 
ME, Vejekto, dicere. TuTic quoque reclamatuTj Ep. 
ix* 13- The title of CLARissiMtra was at this time given 
to all the senators, but formerly only to the leading men. 

Sometimes the speeches of senators were received with 
shouts of applause ; thus, Consurgenti ad censendum acckh 
ma^m est^ quodsolet residentibtis^ Flin. Ep. iv. 9. And the 
most extravagant expressions of approbation were bestowed 
on the speakers : Nonfere qmsquam in senatu fuit, qui non 
jne complecteretury exoscularetur, certatimque laude tumula- 
rety Id. ix, 13. The consul, or presiding magistrate, seems 
to have exercised different powers in the senate at diffepent 
times, Cfr. Orat. iii. 1. When Catocme day, to prevent a 
decree from being passed, attempted to waste the day in 
speaking, Csesar, then consul, ordered him to be led to pri« 
scm ; whereupon the house rose to follow him, which made 
Caesar recall his order, GelL iv. 10. 

If any one in delivering his opinion had included several 
distinct artkles, some of which might be approved and others 
rejected, it .was usual to require that the opinion might be 
divided, and that each particular might be proposed apart : 
and therefore any senator might say, divide, Cic. Fam, u 
% Senec. Ep. 21. As.con. m Cic. MU, 6, 



1j6 llOMAN ANTIQUITIES. 

In matters of very great importance, the senators some- 
tkaeft delivered their opinions upon oath, (jurati), lAv. 
xxvi. S3. XXX. 40. xiii. 21. Tacit. AnncU. iv. 21. 

Several different questions might be referred to the senate 
by difierent magistrates in the same meeting, Cic. Ptnl. vii. 
1* Lao* XXX. 21. 

When any magistrate made a motion, ht was said, Ver- 
ba FACSRE; R£F£&ft£ vel D£P£RR£ AD S£NATUM, 02' 
CONSULERE SEKATUM DE ALiqCTA RE, CtCi ttl Pis. 13. 

^idthe senators, if they approved of it, relatiokem ac- 
ciPERE, iii^.ii. 39. 

When different opinions were delivered, the senators e;si:. 
pressed their assent, some to one, and some to another, vari- 
ously, by their looks, by nodding with their heads, by 
stretching out their hands, 8cc. Tacit. Hist. iv. 4. 

The 9enators who spoke usually addressed themselves to 
die whole house, by the title of PatresConscripti, Ck^ 
et Liv. passim ; sometimes to the consul or person who pre- 
sided, Cic. Phil. viii. 1. sometira^es to both, Liv. vi. 15. 
They commonly concluded their speeches in a certain form : 
Quare ego ita censeo; or, Placet icitur, &c, «Sa/- 
lust. Cat. li. 52. Quod C. Pansa verba eecit de — de 
^A RE ITA- censeo; or QuiE CUM ITA sint ; ot Quas 
OB RES, ITA CENSEO ; Cic. PkiJ, iii. 15. V. 4. ix. 7. Some, 
times tliey used toread their opinion, {de scripto dicercy) Cic. 
Fam. X. 13. and a decree of the bcnate was made according 
to it, (M sententiam alicujus, vel ita ut iUe ccnsebat.) 

When a senator did not give an entire assent to the opi- 
nion of any one, but thought that something should be add- 
ed, he said, Servilio assentior; et hoc amplius 
CENSEO ! Cic Phil. xiii. 21. which was called addcre sen^ 
tenti^j vel in sententiam^ Sail. Cat. 51. 

6. The Manner of MaJcmg a Decree of the Senate. 

WHEN several different opinions had been offered, and 
each supported byanumberof senators, the consul or 
magistrate presiding might first put to the vote which opinipn 
he pleased, {sententiam primam pronunciare^ utm earn dis- 
cpssioferet); Cic. Ep. Fam. i. 2. x. 12. or suppress alto- 
getlier {nesdvc se pronunciaturum) what he disapproved> 



The SifeNATfi^ , 17 

C^n*4t3dL CMR^ I L And heiein cenrnted tke cluef 
power of ^ OQDsiil in dieaenate. But even this was some, 
times contesled by die tribunes, ianie se cportere di9cessi0^ 
nemfoMwe^ guam canndei,) Cic* Funu i« 2. 

• AdeareecKTtheaeiKitewasinadebyasepantionC/ier dis^ 
€T^ssumemi of tbe senators to different parts of tlie house. 
He who presided said, '^ Let those who are of such an opi- 
*^ nion pass over to that side ; those who think differently to 

^^this.'^ (Qui HOC CBTNSKTIS, ILLUC' TRAN8IT£. Qut 
JLLIM OMNIA, IN HANC PAa^SH). HcUCt IfC p^dzbuS m 

^enientiam aHcujus^ to agree xo any one's opinion : and Dis' 
cedere v* transire in oMa omnia, for Contrarium scntire^ 
JPIm. Mp^yiiu 14* Freqtientes ierunt in alia omnia, a great 
nuooritjr went into the contrary opinion, Cie. Fam* u SL 
Frequens senatiu in aliaomnia iit^ /dviii. 13« disaesiit, x« 
12. The phrase Qui alia omnia, was used instead of 
Qui nok censetis, sc. hoc, from a motive of supersti- 
tk>n, iomims earned^ Feitus. 

Those senators who oi^ voted, but did not speak, or, as 
some say, who had the right of voting, but not cf speaking, 
were called FED ARII, FeHUs. A. Gell. iil 18. Cie. adAtU 
]. 19. 20. because they signified their opinion by tlieir feet, 
and not by their tongues : Or, according to others, because 
not having borne a curule magistracy, they went to tbe sen- 
ate on foot, Ai. Gell. ibid. But, according to Pliny, ancient- 
ly all the senat(»rs went to the senate on foot ; and the pri. 
vilege c^ being carried thither in a chariot was-never grants 
ed to any one but MeteUas, who had lost his sight in rescu- 
ing the Palladium, or image of Pallas, from the temple of 
Vesta when in flames, MsU Nat. \iu 43. s. 45« 

He who had first proposed the opinion, (,qui sententiam 
senatui pr^stitisset, Cic. in Pis* 32.), or who had been the 
IMrincipal $i)eaker in favour of it, the consul, or whoever he 
was, (PRINCEPS vel AUCTOR Sentential, Ovid. Pont. 
ii. 3. 31), passed, and those who agreed with him followed, 
PHn. Epist. ii. 1 1. Those who differed, went to a different 
part of the house ; and into whatever part most of the Sena- 
tors went, the Consul said of it, "Tliis seems to be the 
"majority,^' (HiEc pars major videtitr.) Then a de- 
cree of the Senate was made accwding to their opinion, Plhr. 

E 



Id . ROMAN ANTIQUITIES. 

Ep» ii. 12« and the oatnes of those who had been most keen 
for the decree, were U5»ually prefixed to k, which were call* 
ed AUCTORITATES perscripta vel pr^cripUt^ Cic. 
Orat. iii. 2^ because they staid to see Uie .decree made out* 
{scrihendo adfaerimt^ i. e. Senatus consuki canficiendi testes 
erant.) SmatAs emsuttum ed perscriptimte est^ of that form, 
to that effect, Ctc. Fam. v. 2. 

Anciently' the letter T was subseribed, if the tribune did 
not give their negative ; for at first^the tribunes were not 
admitted into the Senate, but^t before the senate-house on 
benches; till the decrees of the Senate were brought to them 
for their apiH'obation or rejection, Fa/. Max. ii. 7. This, 
liowever, was the case only for a very short time; for A» U* 
S 1 0, we find Canuleius, one of their number, speaking in the 
Senate, Uv. rv. h and Dicmysius says they were admitted 
soon after tliek institution, vii. 49. 

When a decree of the Soiate w» made, without any 
opinions being asked or given,the fathers were said, Pedibus 
ferre sententiam / and the decree was called SENATUS 
CONSULTUM PER DISCESSIONEM, A. GelL xiv. 
7. Cic. Phil. iii. 9. Suet. Tib^ 3L But when the opinions of 
the Senators were asked, it was simply called SflNATUS 
CONSULTUM, Cic. w Pw. 8. although it was then also 
madep^r discessUmem : and if the Senate was pnanitnous, the 
discessio was said to be made sine uUa varietate^ Cic. pro 
Sext. 34. If the contrary, in magna vatietate senientiarum^ 
lb. 

In decreeing a supplication to any general, the opinions of 
the Senators were always asked ; hence Cicero blames An- 
tony for omitting this» in the case of Lepidus, Phil. iii. 9w 
BefOTethevote was putC^i;?^ discessionem/actam,)sind while 
the debate was going on, the menibersused to take their seats 
near that person whose opinion they approved, PRn. £P' 
viii. 14. and the opinion of him who was joined by the 
greatest number, was called SENTENTIA haxincs pre- 
^UENS, /of. ii. II. 

Sometimes the Consul brought from home in writing, the 
decree which he wished to be passed, and the Senate readi- 
ly agreed to it, Cic. Phil. i. 1^ 

Wheti secrecy was necessary, the clerks and other attend-^ 
ants were not admitted ; but what passed was written out by 



T%e Senate. 19 

some of ^ Senators, Cic. prd SylL 14. A decree made in 

this manner was cafled Tacitum, CapitoL Gordlan. 12. 

Some think the Senat&res Pedant were then likewise ex- 

eluded, from Fater. Max. ii. 2. 

J alms Caesar, when consul, appointed xhat what was done 

in the senate (Diitrn a Acta) should be pubhshed. Suet. 

Jul. 20. which also seeftis to have been done formerly, Cic. 

pro SylL 14. But this^ was prohibited by Augustus, Suet. 

•/iug. 36. An account of their proceedings, however, was 
dways made out ; and nnder the succeeding^ emperors we 
find some Senator chosen for this purpose, (Jctis vei com- 
mentariis Sendtuscon/iciendis,) Tacit. Ann. v. A. 

Public registers (ACTA, i. c. tabula vel comment€^rii\ 
were also kept of what was done in the assemblies of the 

-people, and courts of justice ; also of birtiis and funerals, of 
marriages and divorces, Bcc. which served as a fund of in- 
formation for historians ; hence Diurna Urbis Acta, 
Tacit. Afmal. xiiL 31. A<*TAPopuLl.lStte^ •/!//. 20. Acta 
Public a, Tacit. Ann. vii. 24, Suet. Tib. v. Plin. JEp. vii. 
33. Urb AK A) Id. ix. 15. usually called by the simple name 
Acta, Cic. Fam. xii. 8. PAVt* vii. 54* 

SENATUS CONSULTUM and DECRETUM are 
used promiscuously to denote what the Senate decreed, 
Cic. Liv. et Sail, passim. So Censulta et Decreta patnim, 
Horat. But they were also distinguished as a genua and spe- 
^iw,cferre/tfm being sometimes put for apart of the SCtum, 
as when 9 province, an honour, or a supplication was decreetl 
to any one, Festus. Decretum is likewise applied to others 
besides the Senate; as, Decreta Consulum,Au^urum, Fan- 
tijicum^ Decurionum^ Casaris^ FrincitJis^ Judicjs, &c. So 
likewise <raz^^2<&a, but more rarely ; as, Consulta SapienfuWy 
the maxims or opinions, Cic. de leg. i. 24. Consulta Belli ^ 
determinations, Sil. iv. 35. Gracchi^ Id. vii. 34. 

In writing a decree of the Senate, the time and place were 
put first ; then the names of those who were present at tJic 
ingrossingofit; after that the motion, with the name of tiie 
magistrate who proposed it ; to all which was subjoined 
whatthesen&tedecreed. ThuSjSENATus Consulti auc- 
toritas, Pridie Kal. Octob. in iEDE Apollinis, 

ScRIBENBO ADFtTERtTNT, L, DoMITiV*, &C. QuOD M, 



20 ROMAN ANTIQUITIES. 

JMarcellus Cos. verba fecit de ProvxnciisCon'- 
sularibus, be £a, re ita censuit, v. censuerunt^ 
uTi J &c. Cic. Ep. Fam. viii. 8. 
H^nce we read, De ea re Senatvs consuittjs ita 

CENSUIT, DECREATIT ; adsoPLACERE SeNATUI; SeNA- 
TUM VELLE ET /EqUUM CENSERE ; SeNATUM EXISTI- 
MARE, ARBITRARI ET JUDICARE ; .ViDERI SeNATUI^ 

Cic. Lao* Sail. Sec* passim. 
If the tribunes interposed, it was t^us marked at the end : 

HuiC SeNATUsCoNSULTO INTERCESSIT C* CoEHtT5» 

C. Pansa, Trib. Pleb. CicAbid. Sometimes the tribuoes 
did not actually interpose, but required time to consider of 
it : and thus the matter was delayed, Cie. pro Sext. 34. 

When thesenate ordered any thilig tobedone,these words 
werecommonly added, PRIMO QUOQUE TEMPORE, 
as soon as possible^ When they praised the actions of any 
persons, they decre«d» Eos Hecte ATcyxE orbinb VI- 
DERI FEcissE, Liv. passim : if the contrary, Eos cqn- 

TRA REMrUBLICAM FECISSE VIDERI, /rf. 

Orders were given to the consuls, {Negotium datum est 
Constilibus,) not in an absolute manner, but with some ex- 
ception ; Si videretur ; si e republica esse duce- 

RENT, Jjiv. QirOB COAMODoREIFUBLICiE FIERI POS- 
SET, CW* Ut CoNSUI.ES A^TER, AMB0VE,SI EIS VI- 
DEATUR, AD BELLyM PROFICISCERENTUR, ,Cie. When 

the consuls obeyed the ordars ojf the Senate, they were said» 
ESSE vel FORE IN PATRUM POTESTATE ; and the Senators, 
when they complied with the desires of the people, esse in 

POPULI POTESTATE, JSfl?. ii.'56,&C. 

When the Senate asked any thing from the Tribunes, the 
form was Senatus censuit, ut cum Tribunis ace- 
RETUR, jLm. xxvi. 33. XXX- 41. 

The decrees of the Senate, when written out^ were laid 
up ill the treasury, iinMrarium condebantur^) where idso 
the laws and other writings pertaining to the Republic were 
kept, Liv. iii. 9. Anciently they were kept by the .^diks 
in the temple of Ceres, Id. iiu 55. The place where. the 
public records were kept, was called TABULARIUM. 
The decrees of the Senate, concerning the honours ccmfer* 
red on Caesar, were inscribed in golden letters on coluq^9 



7%e Sehate. 21 

t^ ailvoT) Dio» xIit. 7. Several decrees of the Senate still 
exist, engraven on tables of brass ; particularly that record- 
ed, Liv. xxxiz. 19. 

The decrees of the Senate, when not carried tothetreasu- 
ry, were ieck<»ied invalid, Suet. Aug.94t. Hence it was^ 
mrdaitied, under Tiberius, that the decrees of the Senate, es- 
pecially coocemingthe capital punishment of any one, should 
not be carried to the treasury before the tenth day, Tacit. 
jimu iii* 51. diat the emperor, if absent from die cit3% might 
have an opportunity erf' considering them, and, if he thought 
proper, of mitigating them, Dio. Ivii. 20. Suet. Tib. 75. 

Before the year of the city 306, the decrees of the Stoate 
vrere stippressed or altered at the pleasure of *the consuls, 
Liv. iiL 55. Cicero accuses Antony of forging decrees, 
PhiLv.S. 

Decrees of the senate were rarely reversed. -While a 
question vras under debate, (f% integral) every one was at 
liberty to express his dissent icantradicere vel dissentire) ; 
but when it was once determined ireperacta^) it was looked 
upon as die common concern of each member to support 
the qpiniofi of the majority iguodpluribusphcuissetj cunctii 
tuendum\ Plin. Ep. vi. 13. 

After every thing was finished, the magistrate presiding 
dismissed the Senate by asetform: Non ampli^s vos 
moramur/P. Cor, Nemo vos tenet; Nihil vos mo- 
RAMUR ; Consul, citatis kominibus,' etperacta 
niscEssioNE, mittit Senatum, Plin. JEp. ix. 13, 

7. The Power of the Senate at different Periods. 

THE power of the Senate was different at difierent times. 
Under the regal government, the Senate deliberated 
upon such public affairs as the king proposed to them ; and 
the kings were'said to act according to their counsel, iex con- 
siko Patrunty Lko. L 9.) as the Consuls did afterwards ac- 
c(»dtng to their decree, \ex SCto.') Uv. ii. 2, &c. 

Tarquin the Proud dbcontinuedthe custom handed down 
from his predecessors, of consulting the Senate about every 
thing ; barashed or put to death the chief men of that order, 
and choae no others id dieir room, JUv. L 49. But this 



54 ROMAN ANTIQUITIESL 

Lw. xxxviii; 54^ Tbej appointed stipends to their ganc^^ 
, i^bandofficers^andprovi^onsandclothkigfortihdrani^^ 
Polyb. vu 11. 

3. They settled the provinces, which were aimually as- 
signed to the Consuls and Prastors : and, when it seemed 
fit, they prolonged their command, Cic. pro Dom. 9. 

4. They nominated out of their own body all ambassa- 
dors sent from Rome, Liv. ii. 15. xxx. 26. xlii. 1^. tt a&bi 
passim ; and gave to foreign ambassadors what answers 
they thoughtproper, Cic in Vatin. 15. Bom. 9* Lio. vi. 2&* 
vii. 20- XXX. 17. * "• 

5. They decreed all public thanksgivings, for victories 
obtained; and conferred the honourof an ovation or trl* 
umph, widi the tide of IMPERATOR, on victorious gene- 
rals, Cic. Phil. xiv. 4, & 5. Lw. v. 23. Polyb. vi. 11. . 

6. They could decree the tide of King to any prince 
whom they pleased, ^nd declare any one an enemy by a vote, 
Ca^* Liv. et Cic. passim. 

7. They enquu'ed into public crimeis or treasons, either 
In Rome or the other parts of Italy, Lh. xxx. 26. and heard 
and determined ail disputes among the allied and dependent 
cities, Cic. Off. i. IQ.Polyb. vi. 11* 

8. They exercised a power, not only of interpreting the 
laws, but of absolving men from the obligation of them, and 
even of abrogating them, Cic. pro Dam. 16. 27. prQ kge Ma- 
nii 21. de Legg. ii. 6.Jscan. in Cic. pro CameL P&n. EpiH. 
iv. 9. 

9. They could postpone the assemblies of thepeople, C&* 
pro Mur. 25. Att. iv. 16. and prescribe a change of habit to 
the city in cases of any imminent danger or calsonity, Cic. 
pro Sext. 12. But the power of the Senate was chiefly con- 
spicuous in civil dissensions or dangerous tumults within the 
city, in which that solemn decree used to be passed, ** That 
** the consuls should take care that the republic should re- 
" ceive no harm ;'* Ut consules darent operam^ ne quid <fc- 
trimenti respublica caperet. By which decree an absolute 
power was granted to the consuls, to punish and put to 
death whom they pleased, without a- trial ; to raise forces, 
and carry on warwithoujt the order of the people, SaUust. ' 
de bello Cat. 26. 



Thisd«a«e was called ULTIMUM or EXTREMUM, 
C/rs. de Bell. Civ. i. 4. and Forma SCti ultima necessitatis^ 
Jav. iii. 4. By it the republic was said to be intrusted to the 
consuls, permitH v. commendariconsulibus i or, permitticon^ 
stUibus ut rempubHcam defenderent^ Cic. Sometimes the o- 
ther magistrates were added, Cas. ibid. Lav. vi. 19. Some- 
tiioes only one of the consuls was named, as in the commo- 
tion raised by C. Gracchus, Ut L. Opimius Consul videret^ 
&c« because his colleague Q. Fabius Maximus was absent, 
Cic. in Cat. i. 2. Liv. iii. 4. 

Although the decrees of the Senate had not properly the 
force of laws, and took place chiefly in those matters which 
-were not provided for by the laws ; yet they were understood 
always to have a binding force, and were therefore obeyed 
by all orders. The consuls themselves were obliged to sub- 
mit to them, Lou. iv. 26. xlii. 21. They could be annulled 
or cancelled {induci^ L e. deleri, poterant,) only by the Sen. 
ate itself, Cic. pro Dom.4t. Attic, i. 17. Their force, however, 
in certain things was but temporary : and the magistrates 
sometimes alleged, that they were binding but for one year, 
Dionys* ix. 37. In the last age of the republic, the authority 
of the Senate was little regarded by the leading men and their 
creatures, Cic. pro Sext. 12. who, by means of bribery, ob* 
tained from a- corrupted populace what they desired, in spite 
of the Senate, Appian de belL civ. ii. 433, &c. Thus Csesar, 
by the Vatinian law, obtained the province of Cisalpine 
Gaul and lUyricum, for five years from the people; and 
soon after Gallia Comata or Ulterior^ from the Senate ; the 
fathers being afraid, lest, if they refused it, the people should 
grant him that too, Suet. Jul. 22. Plutarch, in vita Cits. 
But this corruption and contempt of the Senate at last ter. 
minated in the total subversion of public liberty. 

Cicero imagined, that, in his consulship, he bad establish- 
ed the authority of the Senate on a solid basis, by uniting it 
with the equestrian order, Cic. Cat. iv. 10. Pis* 3. thus con- 
stituting what he calls Optima Respublica; qua sit in 
potestatum opttmorum^ L e. nobilium et ditissimorum^ de 
Legg. iii. 17. («c'**««c*"'*) and ascribes the ruin of the re- 
public to that coalition not being preserved, Att. i. 14. 16. 
But it was soon after broken, Corcftnum concordta disjuncta 



26 ROMAN ANTIQUrriES. 

esty Cic. Jit. i. 13.) by the Senate refusing to defease the -B- 
quites from a disadvantageous contract concerning the Asi- 
atic revenues, Cic. Att. i. 17. which gave C<esar, when con- 
sul, an opportunity of obliging that order, by granting their 
request, as he had formerly obliged the populace by an agra- 
rian law, SueU Cas. 20. Cic. Att. i. 15. and thus of artfully 
employing the wealth of the republic to enslave it, Dio. 
3?xxviii. 1. & 7- See Leges Juli.«:. The Senate and E- 
quites had been formerly united, Sallust. Jug. 42. and were 
afterwards disjoined from similar motives. See Leges 
SEUVROifiMi dejudiciis* 

Augustus, when he became master of the empfa-e, retained 
the forms of the ancient republic, and the sarnie names of 
the magistrates ; but left nothing of the ancient virtue and 
liberty, Iprisct et integri moris,) Tacit. Ann. i. 3, While he 
pretended always to act by the authority of the Senate, he 
artfully drew every thing to himself. 

Tiberius apparently hicreased the power of the Senate, 
by transferring the right of creating magistrates and enacting 
laws fromthecomi/ia to the Senate. Tacit. Ann. 1. 1 5. Incon- 
sequence of which, the decrees of tlie Senate obtained the 
force of laws, and were more frequently published. But this 
was only a shadow of power. For the Senators in giving 
their cq)inions depended entirely on the will of the prince: 
and it was necessary that their decrees should be confirmed 
ty him. An oration of the emperor was usually prefixed to 
them, which was not always delivered by himself, but was 
usually rend by one of the quaestors, who were called Can- 
DiDATi, Suet. Tit. 6. Aug. 65. Henqe what was appointed 
by the decrees of the Senate, was said to be oratione princi-^ 
pis tautum ; and these orations are sometimes put for the 
decrees of the Senate. To such a height did the flattery of 
the senators proceed, that they used to receive these speecli- 
es with loud acclamations, Plin. Paneg. 75. and never failed 
to assent to them ; which they commonly did by crying out 
Omnes, Omnes, Fospisc. in Tacit. 7. 

The messages of the Emperors to the Senate were called 
EPlSTOLiE or LIBELLI ; because they were folded in 
the form of a letter or little book. J. Caesar is said to have 
first introduced tliese libetliy Plutarch, in Fita CW. Suet. 



. The S£NAT£. * 27 

Jid. 56. which afterwards came to be used almost on every 
occasion. Suet. Jul. 81. Aug. 53, k 84. Tacit* Annalvv. 
39. 

But the custom of referring every thing to the Senate, 
{Suet. Tib. 30.) was only observed till the Romans became 
habituated to slavery. 

After this the -Emperors gradually began to order what 
they tliought proper, without consulting the senate ; to ab- 
rogate old laws and introduce new ones; and, in short, to 
determine every thing according to their own pleasure ; by 
their answprs to the applications or petitions presented to 
them, {per RESCRIPT A ad libellos) ; by thtir mandates 
and ians, {ptr KDICTA et CONSTITUTIONES,) &c. 
Vespasian appear^ to liave been the first who made use of 
tiiesc rescripts and edicts. They became more frequent 
under Hadrian : from which time the decrees of the Sen- 
ate conctTiiing private right began to be more rare ; and at 
length under Caracalla were entirely discontinued. 

The Constitutions of the Emperors about punishing or 
rewarding individuals, which were not to serve as prece- 
dents, were called PRI VILEGL\, (quasipnW legesy) A. 
GelL X. 20. This word anciently used to be taken in a bad 
sense ; for a private law about infljcting an extraordinary 
punishment on a certain person without a trial, Cic, de Legg. 
ill. 19. as the law of Clodius ngainst Cicero, Cic. pro Dom. 
17. which Cicero says was forbidden by the sacred laws 
and those of the twelve tables, Lfgis privatis hominibus ir* 
TQgari : id estenim privilegium^ Ibid, tt pro Sext. SO. 

The rights or advantages {beneficia) granted to a certain 
condition or class of men, used also to be called Priv ile- 
ciA 'f. Flirt. X. 56, 57, 110. as, the privileges of soldiers^ pa- 
rents^ pupilsy creditors^ &c. 

The various laws and decrees of the Senate, whereby su- 
preme power was conferred on Augustus, and which used to 
be repeated to the succeeding Emperors upon tlieir acces- 
sion to thQcmpm^ {.Turn Senatus omnia, principibus so- 
li t a , Fespasiano decrevit^ Tacit. Hist, i v. 3 . ) when taken to- 
gether are called the Royal law ; (LEX REGIA, v^EX 
IMPERII, et AUGUSTUM PRIVILEGIUM OTfoba- 
bly in allusion to the lafcr, by which supreme power waK 
granted to Romulus, Xf|. xxxiv. 6. 






28 ROMAN ANTIQUITIES- 



TheEQUITES. 

THE Equites at first did not form a distinct order in the 
State. When Romulus divided the people into three 
tribes, he chose from each tribe 100 young men, the most 
distinguished for their rank, their wealth, and other accom. 
plishments, who should serve on horseback, and whose as- 
sistance he might use for guarding his person. These 300 
horsemen were called CELEBES, {r<^x^ti •»■/ '■« ky^» ad 
opera velocesy Dionys. ii. 13. veL a wa^«, eques desultorius ; 
vel a Celere, eorum prafecto^ Festus) ; and divided into 
three centuries, which were distinguished by the same names 
with the three tribes ; namely RAMNENSES, TATIEN- 
SES, and LUCERES. 

The number Pf the Etjuites was afterwards increased, first 
by Tullus Hostilius, who chose 300 from the Albans, (efe- 
cem turmas : TURMA, quasi terma dicta est^ quodter de^ 
nis equitibus constqret, Farroet Festus.) Liv. i. 30. then by 
Tarquinius Priscus, who doubled their number, {Numero 
alterum tantum adjecit ;) retaining the number and names 
of the centuries; only those who were added, were called 
Jtamnensesj Tatiensisy Luceres^ po'steriores^ But asLivy 
says there were now 1800 in the three centuries, Tarquin 
seems to have done more than double them, Liv. i. 36. 

Servius TuUius made eighteen centuries of Equites. He 
chose twelve new centuries from the chief men of the fetate, 
and made six others put of the three instituted by Romulus. 
Ten thousand pounds of brass were given to each of them 
to purchase horses ; and a tax was laid on widows, who were 
exempt from other contributions, for maintaining their 
horses, Liv. 1 43. Hence the origin of the Equestrian order, 
which was of the greatest utility in the State, as an interme- 
diate bond between the Patricians and Plebeians. 

At what particular time the Equites first began to be reck- 
oned a distinct order, is uncertain. It seems to have been 
before the expulsion of the kings, Liv, ii. 1. After this all 
those ♦ho served on horseback were not properly called E- 
QUITES or knights, but such ofly as were chosen into 
the equestrian order, usually by tMe Censor, and presentedl 



The EquiTES. 28 

by him with a horse at the public expence, and with a gold 
ring. 

The Equites were chosen promiscuously from the Patri- 
cians and Plebeians. Those descended from ancient fami- 
lies were caUcdILLUSTRES, SPECIOCI, SPLENDL 
DI. They were not limited to any fixed number. The age 
requisite was about eighteen years, Dio. lii. 20. and the for- 
tune {census) at least towfirds the end of the republic, and 
under the Emperors, was 400 S^stertia^ that is, about 
1..3229sterling,/foro/.-B/>.i. 1.57. Piin.Ep. 1 19. According 
to some, every Roman citizen whose entire fortune amount- 
ed to that sum, was every lustrum enrolled, of course in the 
list ofJSquites* But that was not always the case, Uv. v. 
7. A certain fortune seems to have been always requisite, 
JLiv. iii. 27. 

The badges o{ Equites were, 1. A horse given them by the 
public; hence, called legitimus, Ovid. Fast. iii. 130.2. A 
^(dden ring, whence ANNUL o aureo donari, {or inter e* 
quites legi; 3. Augustus ClavuSt or Tunica angusttclavia ; 4. 
A separate place at the public spectacles, according to the law 
made by L. Roscius Otho, a tribune of the people, A. U. 
686, IHo. XXX vi. 25* Juvenal, iii. 159. xiv. 324. thattne 
Equites should sit in 14 rows (in XIV gradibus jntxt to tlic 
Orchestra^ where the Senators sat; whence Sedere in 

QUATI/ORDECIM, Or IN EqUESTRIBUS ; OrSPECTARE in 

^qjjiTE^ for Equitem esse^ Suet. 

The oflSce (MUNUS) of the Equites at first was only to 
serve in the army ; but afterwards also to act as judges or 
jurymen, (utjudicarent,) and to farm the public revenues, 
(vECTiCALiAcoNDucERE.) JudgcsVerc choscu from thc 
Senate till the year of the city 63 1 , at which time, on account 
of the corruption of that order, the right of judging was 
transferred from them to the Equites^ by the Sempronian law 
made by C. Gracchus. It was again restored to the Senate 
by Sylla ; but afterwards divided between the two orders. 

The Equites who farmed the revenues were divided into 
certain societies, and he who presided in such a society, 
was called M AGISTER SOCIETATIS, Cic. Fam. xiii. 
9. These farmers (PUBLICAN I) were held in such respect 
at Rome, diat Cicero calls them Homines amplissimi^ honestis* 



>S0 ROMAN ANTIQUITIES. 

9WIU etornatmimi ; pro IfgeManil. 7, Fbs equitum RomfX'^ 
norunij ornamentum civitatis^Jirmamentumreipub/ica'^pro 
Plancioy 9. But this wa3 far from being the case m the pro- 
vinces where publicans were held in detestatimi, Ascon* in 
Cie. Fern \L 3. especially their servants and assistants. 

A great degree of splendor was added to the Equestrian 
order by aprpcession, {TRANS VECTIONE), which they 
made thro* the city every yc^ron the ISthday of July» {Idihu^ 
QuinctUibusd Liv^ ix, 46. from the temple of Honour, or of 
Mars, without the city, to the Capitol, riding on horseback, 
with wreaths of oliv« on their heads, drest in their Toga pal- 
mata, or trabeay of a scarlet colour, and bearingin their hands 
the military ornaments which they had received from their 
general, as a reward for their valour, Dionysy vi. 13* At this 
time it was not allowable to cite them before a court of jus- 
tice ; such at least was the case under Augustus, Suet. Aug. 
38. 

Every fifth year, when this procession was made, the JE- 
guites rode up to the Censor seated in his curule cliuir, before 
the Capitol ; and,. dismounting, led along (thaducebant) 
their horses in their hands before him, and in tlui> ii.a;iner 
they were reviewed, (RECOGNOSCEBANTUR.) 

If any JSques was corrupt in his morals, or had diminish- 
cd his fortune, or even had not taken propcrcare of his horse, 
GelL iv. 20, the Censor ordered him to sell his horse, Liv. 
xxix. 37. and thus he was reckoned to be removed from tlie 
equestrian order ; hence ADIMERE EQUUM,to degrade 
aa Eques* But those whom the Censor approved, were or- 
dered to lead along Cf/We/^'cr^) their horses, Ovid. TristAlSO. 
At tliis time also the Censor read over a Hst of the Equi- 
tesi and sucli as were less culpable iqui minore culpa tene-^ 
rentur) were degraded, (ordine Eq^uBsxai moti sunt,) 
only by passing over their names in the recital. Suet. CaL 
16. We find it mentioned as a reward, that a perscm should 
juot he obliged to s^rve irt the army, nor to tpaintain a public 
liorse, ine invitus militaret^ neve Censor ei equum publicum 
assignaiet;) but this exemption coukl be granted only by 
the people, Liv. xxxix. 19, 

The Eques whose name was first marked in the Censor's 
books,was called EQUESTRIS ORDINIS PRINCEPS, 



7%e Plebeian or Popular Order.' . 5l 

I^Rm Et). i. 14. or PRINCEPS JUVENTUTIS; not that 
ill reality the Eqmtes were ijll young men ; lor many grew 
old ill ihat order, as Maecenas and Atticus ; and wt: find the 
two Censors, Xtwi/j and AVro, \^ere Equites^ Liv, xxix. 
37. but because they had betai generally so at their tirot insti- 
tvition; and among the Romans men were called Juvenes till 
x\€ar fifty. Hence we find Julius Caesar called Adolescent 
tulus^ when he stood candidate for being high-priest, althougjh 
lie was then thirty-six years old, SiUL Cat. 49. And Cicero 

called \i\V[is/d{{ Adottlrscens when he was Consul. Phil. ii. 

5. Under the Emperors, the heirs of the empire were called 

Principes Juventutis^ Suet, Calig, 15. vel juvenum^ Ovid. 

Font, it 5. 41. We find this name also applied to^the whole 

Equestrian order, Liv. xlii. 61. 

The PLEBEIAN or POPULAR Order. 

ALL the other Roman citizens, besides i!^^* Patricians and 
Equitrs, were called PLEBS or POPULUS. Populus 
sometimes comprehends the whole nation ; asCLEMENHA 
RoHANi POPULI ; or all the people except the Senate ; as, 
Senatus populusc^ue Romanus. In which last sense 
p lebs is also often used ; as when we say, that the Consuls were 
created from the plebeians^ that is, from those who were not 
Patricians. But plehs is usually put for t^^e lowest common 
people; hcncCyad populumplebemque rfferre^ Cic. Earn, viii, 
3. so GelL X. 10, Thus Horace, Ple6s erisX e. unuseplebe^ 
a plebeian, not an Eqiies^ Ep. i. 1. 59. who also uscsplebsfov 
the whole people, Od. iii. 14. 1. 

The common people who lived in the country, and culti- 
vated the ground, were called PLEBS RUSTICA, Liv. 
XXXV. 1. Anciently the Senators also did the same, Cic. de 
Sen. 16. but nd so in after times, Liv. iit. 26. The common 
people who lived in the city, mt- rchants, mechanics, &c. 
Ctc. Off. I 42. were called PLEBS URBANA, SalL Cat. 
37. Both are joined, lb. Jug. 73. 

The PiEBs RifSTiCA was the most respectable, {optima 
et modestisstma^ Cic. Hull. ii. 31. laudatissima^ Plin. 18. 3.) 
The Flebs URBANA was ccnnposed of the poorer cidzens^ 
m^ffiy •f whom followed no trade, but were supp()rted by the 



32 ROMAN ANTIQUITIES- 

public and private largesses^ Qeos publicum malum aiebat ; 
ScUL Cat. 370 In the latter ages of the republic, an immense 
quantity of com was annually distributed among them at the 
public expence, five bushels monthly to each man, Sallust 
fragm. edit. Cortity p* 974. Their principal business was to 
attend on the tribunes and popular magistrates in their assem- 
blies ; hence they were called turb a FORENsis^Xw-ix. 46» 
and from their venality, and corruption, Ope r>e conducts 
y^lmdrcenariiy in al!u5>ion to mercenary workmen, Cic. Sext. 
17, & 27. Q.fratr, iu L .4tt. i. 13. OpERiE cokducto- 

RUM» SeXt. 50. MULTITUDO CONDUCTA, PAi/. i. 9. C-ON- 

cioNEs CONDUCT-^, Scxt. 49,and 53.Concionalis hi- 
R u D o itrariiy misera ac jejuna plebecula, jitt, i. 16. Fjex 
ET soRDks uRBis, IL 13. Urbana ct pefdita Pl£BS« 
Id. vii. 3. 

Cicero often opposes the populace, ipopulusy plebs, multi- 
tudo^ tenuioresy &c.) to the principal nobility , (/>rwrip^^ de- 
lectu Optimates et Optimatiwn pnncipesy honestly boni iocu- 
pletesy/^c.) Cic. Sext. 48. 68, &c. 

There were leading men among the populace, {duces multi- 
tudinum^) kept in pay by the seditious magistrates, who used 
for hire to stimulate them to the most daring outrages, Sal- 
lust. Cat. 50. Cic. Sext. 37. 46. The turbulence of the 
common people of Rome, the natural effect of idleness and 
unbounded licentiousness, is justly reckoned among the chie^ 
causes of the ruin of the republic. Trade and manufactures 
being considered as servile employments, Sallust. Cat. 4. 
Dionys. ix. 25v they had no encouragement to industry : and 
the numerous spectacles, which were exhibited, particularly 
tlie shews of gladiators, served to increase their natural fero- 
city. Hence they were always ready to join in any conspira- 
cy against the state, Sallust. Cat. 37* 

Other DIFISIONS of the ROMA^T PEOPLK 

I. PATRONS and CLIENTS v NOBILES, NOVI, and 
IGNOBLES; OPTIM A TES onrf POPULARES* 

THAT the Patricians and Plebeians might be connected 
together by the strictest bonds, Romulus ordained that 
every Plebeianshould choose from tide Patricians any one he 



NobiLESi Novi, IcNOBiEs, kc. 33 

pleased, as his PATRON or protector, whose CLIENT he 
'wras called, {quodntm colebat). It was the part of the Patron 
to advise and to defend his client ; to assist him with his in- 
terest and substance ; in short to do every thing for him that 
a parent uses to do for his children. The Client was obliged 
to pay all kind of respect to his Patron, and to serve him 
with his life and fortune in any extremity, Diont/s. ii. lOt 

It was unlawful for Patrons and Clients to accuse or bear 
witness against each other : and whoever was found to have 
acted otherwise, might be slain by any one widi impunity, as 
a victim devoted to Pluto and the infernal gods. Hence both 
Patrons and Clients vied with one another in fidelity and ob- 
servance : and for more than 600 years we find no dissen- 
sions between them, Ibid* Virgil joins to the crime of beat- 
ing one's parent that of defrauding a client, */£/i. vi. 605. It 
was esteemed highly honourable for a Patrician to have nu- 
merous clients, both hereditary, and acquired by his own 
merit, HoraL Ep. ii. 1. 103. Juvenal, x. 44. 

In after times, even cities and whole nations were under 
the protection of illustrious Roman families ; as the Sicilians 
under the patronage of the MarcelU, Cic. in CaciL 4. Ferr. 
ill. 18. Cyprus and Cappadocia under that of Cato, Cic. 
Fam. XV. 4. the AUobroges under the patronage of the Fabii, 
SaUust* Cat. 41. the Bononienses, of the Antonii, Suet. Aug* 
17. Lacedaemon, of the Claudii, /(/. Tib. 6. Thus the peo- 
pie of Puteoli chose Cassius and the Bruti for their patrons, 
Cic. Phil. ii. 41. Capua chose Cicero, Cic. Pis. 11. Fam* 
xvi. 11^ &c. This however seems to have taken place also 
at an early period, LivL ix. 20, &c. 

Those who, or whose ancestors, had borne any Curule 
magistracy, that is, had been Consul, Praetor, Censor, or 
Curule^^ildile, were called NOBILES, and had the rightof 
making images of themselves, (JUS IMAGINUM,) which 
were kept with great care by their posterity, and carried be- 
fore them at funerals, Plin. xxxv. 2. 

These images were nothing else but the busts or the effi- 
gies of persons down to the shoulders, made of wax and 
painted ; which they used to place in the courts of their 
houses^ iatria,) inclosed in* wooden cases, and seem not to 
have brought them out except on solemn occajdons, Polyb. 

a 



S4 ROMAN ANTIQUITIES. 

vi. 5i. There were titles or inscriptions written below them, 
pointing out the honours they had enjoyed, and the exploits 
they had performed, {Jtcvenal. viii* 69. Plin. xxxv. 2*) 
Hence imai(ines is often put for nobilitasy Sallust. Jug. 85. 
ifv. iii, 58. and cera for imagines^ Ovid. Amor. i. 8. 65» 
Anciently tliis right of images was peculiar to the Patrici- 
ans : but afterwards the Plebeians also acquired it, wheo 
admitted to curule offices. 

Those who were the first of their family that had raised 
themselves to any curule office, were called Homines NO- 
VI, new men or upstarts. Hence Cicero calls himself, Ho- 
mo per se cognitus^ in Cat. i. 11. 

Those who had no images of their own or of their ances- 
tors, were called IGNOBLES. 

Those who favoured the interests of the Senate were call- 
ed OPTIMATES; Uv. ii. 39. and sometimes Proceres 
or Principes* Those who studied to gain the favour of the 
multitude, were called POPULARES, of whatever order 
they were, Cic. pro Sejct 45. This was a division of fac- 
tions, and not of rank or dignity, JDionysi ix. 1. The con- 
tests betwixt these two parties excited the greatest com- 
motions in the state, which finally terminated in the extinc* 
tion of liberty. 

II. GENTES andVAMUAJE ; Names of the Romans; 
INGENUI onrfLIBERTlNl, ^c. 

THE Romans were divided into various clans, (GEN- 
TES,) and each gens into several families^ (in Fa mi- 
lias v. Stirpes.) Thus in the Gens Cornelia^ were the fami- 
lies of the Scipwnesj Lentuliy Cethegiy Dolabella^ Cimtitj^ 
SyUa^ &?£?. Those of the same gens were called GEN- 
TILES, and those of the same family AGN ATI, Cic. Top. 
c. 6. Festus in voce Gentilis. But relations by the fa- 
ther's side were also called Agnatic to distinguish them from 
Cognatiy relations only by the mother's side. An Agnatus 
might also be called Cognatus, but not the contrarj\ Thus 
patruusy the father's brother, was both an agnatus and cog~ 
natus : but avunculus^ the mother's brother, v/as only a 
i^ognatusi Digest, 



Gehtes» Fauxlim^ &c. 35 

Anciently Patricians only were said to have a gens^ Liv. 
X- 8. Hence some Patricians were said to be majarum gen- 
iiuniy and others minarum gentium^ Cic. Fam. ix, 21. But 
"when the Plebeians obtained the right of intermarriage with 
tlie Patricians, and access to the honours of the State, they 
likewise received the rights of genteSf (jura gentium^ vel 
gentUta ;) which rights were tlien s'«id to be confounded by 
these innovations, Liv. iv. 1, &c. Hence, however, some 
genies were Patrician, and others Plebeian : and sometimes 
in the same gms there were some families of Patrician rank, 
and others of Plebeian, Suet. Ti6. 1. Hence also sinegente, 
for Ubertintis et non generosus^ ignobly bom, Horat Sat. ii. 
5. 15. 

To mark the different gente^ and famUia^ and to distin^- 
suish the individuals of the same family, the Romans, at 
leaist the more noble of them, had commonly three names, 
the Pnenamen^ JVomen^ and Cognomen^ JuvenaL v- 126. 

The PRiENOMEN was put first, and marked the indi^ 
vidual. ' It was commonly written with one letter ; as A^ 
for Aulus ; C Caius,; D. Decimus ; K. Kaso ; L. Luci- 
us ; M. Marcus ; M. Manius ; N. Numerius ; P. PubS 
lius ; Q. Qmntus : T. Titus ; sometimes with two letters / 
zs^Ap. Appius ; Cn. Cneius : Sp. Spurius : Ti. Tibe- 
rius : and sometimes with three ; as. Mam. Mamercus ; 
Ser. Servius ; Sex. Sextus. 

The NOMEN was put.after the Pranomen, and marked 
ih^gens^ and commonly ended in mi y as, Cornelius ^ Fabius, 
TulRus^ JuRus^ Octaviusy &c. 

The COGNOMEN was put last, and marked ^fami" 
ha ; as, Ciceroy desar^ &c. 

Thus in Publius Cornelius Scipioy Publius is the Prano- 
men ; CpmeliuSy the Nomen ; and ScipWy the Cognomen. 

Some gentes seem to have had no sir-name : as, the 
Marian : Thus, C. Mariusy Q. Sertoriusy Xi. Mummiusy 
Plutarch, in Mario. Gens 2ind/amilia seem sometimes to be 
put the one for the other : Thus, Fabia gens^ v. familiay 
Liv. ii. 49. 

Sometimes there was also a fourth name, called the AG- 
NOMEN or Cognomen^ added, from some illustrious ac 



36 . ROMAN ANTIQUITIES. 

tion or remarkable event. Thus Scipio was named Africa^ 
nusj from the conquest of Carthage and Africa. On a similar 
account, his brother Lucius Cornelius Scipio was named 
p4siaticus. So Quintus Fabius Muximus was called Cunc- 
iator^ from his checking the impetuosity of Hannibal by de- 
clining batde. We find likewise a second Agnomen or Cog-^ 
nomen added ; thus, th^htierFublius Cornelius Scipio Afri- 
canus is called Mmiltanus^ because he was the son of L, 
^milius Paulus, and adopted by the son of the great Scipio^ 
who had no children of his ovvn. Biit he is commonly call- 
ed by authors A/ricanus J^Iinor^ to distinguibh him from the 
former Scipio Africanus. 

The Romans at first seem to have had but one name ; as, 
Romulus^ Remus^ &c. or two ; as, Numa Pompiliusy Tul- 
Jus HbstUtuSi^ Ancus Jfurtiusy Tarquinius Priscus, Servius 
Tuliius^ Sextus Tarquinius. But when they were divided 
into tribes or clans and families, in {gentes etfamilias) they 
began commonly to have three ; as, L. Junius Brutus j M. 
Valerius PopUcola^ fgic./ 

The three names, however, were not always used ;' com- 
monly two, and sometimes pnlj^ one, namely, the sir-name, 
Sail. Cat. 17. Cic. Episf. passim. But in speaking to any 
one, the prdtnomen was generally Used, as being peculiar to 
citizens ; for slaves had no pri^nomen. Hence, Gaudent 
prtenomine molles auricula^ Ifor. Sat. ii. 5. 32. 

The sir. names were derived from various circumstances, 
either from some quality of the mind ; as, Cato from wis- 
dom, i. e. Catusy wise, Cic. de Sen. 2, &c. or from the habit 
of the body, as, Cahus^ Crassus, Macer^ &c. or from culti* 
vatuig particular fruits, as, Lentulus^ PisOj Cicero, &c. Cer- 
tain sir-names sometimes gave occasion to jests and witty 
allusions ; thus, Asina^ Nor. Ep. i. 13. 9. So Serranns Ca- 
latinus, Cic. pro Sext. 33. Hencfe also, in a different sense, 
Virgil says, Vel te sulco, Serrane, serentem^ AEn. vi. 844. 
for Q. CincinAutus was called Sbrranus, t)ecau|e the 
ambassadors from the Seoate found him sowing, when 
they brought him notice that he was made dictator, Plin, 
xviii. 3. 

The Praenomen used to be given to boys, on the 9th day, 
which v^ascnllcd dies lustrtcus, or tlicday of purification. 



wlien certain rdigious ceremonies were performed, Macroh^ 
SaU 1. 16. SucU Ner. 6. The eldest son of the family 
usually got the Pntnotnen of his fathw ; the rest were nam- 
ed from their uncles or other relations. 

When there was only one daughter in a family, she used to 
becalledfromtbenameof the^^enj; thus, 71u^ia,thedaugh« 
ter of Cicero ; Julia^ the daughter of Caesar ; Octaviay the 
sister of Augustus, &c. and they retained the same name 
after cfaey were married. When there were two daughters, 
the one was called Major, and the other Jiftnor ; thus, Cor- 
nelia Major j Cornelia Minor » If there were more than two, 
they were disUnguished by their number ; thus, Prima^ Se- 
cunda, Tertta^ Quarta, Quinta^ ^c. Varro de LaU Lang. 
viiL 38, Suet, Jul 50r Or more softly, Tertutla^ QuartilUiy 
Quintilla^ &?r. Cic. Att. xiv, 20. Women seem anciently to . 
have also had pranomens, which were marked with invert- 
ed letters ; thus O for Caw, Tfor Lucia^ &c. 

During the flaurishing state of the republic, the names of 
the gentes, and sir-names of the famili(e always remained 
fixed and certain* They were common to all the children 
of a family, and descended to their posterity. But after 
the subversion of liberty, they were changed and confound* 
ed. 

Those were called LIBERT, free, who had the power of 
doing what they pleased. Those who were born of parents 
who had been always free, wer6 called INGENUL Slaves 
made free were called LIBERTI and LIBERTINL They 
were called Liberti in relation to their masters, and Liber^ 
tint in relation to free-born citizens ; thus, Libertus tneuSi 
liber tus desarisj and not iibertinus/ but libertinus homOy 
i. e. non ingenuus. 

Some think that Libertini were the sons of the Liberti, 
from Suetcmius, Claud. 24, who says, that they were thus 
called anciently : so Isidor. ix. 4. but this distinction never 
occurs in the classics. On the contrary, we find both words 
applied to the same person in writers who flourished in dif- 
ferent ages. Plant* Mil. Glor. iv. 1. 15, & 16. Cic. in Ferr. 
i. 47. Those whom Cicero, de Orat. i. 9. calls Libertini, 
Livy makes qui servitufem servissent^ AS. 15. Hence Sen. 



Sft ROMAN ANTIQUITIES- 

eca often contrasts Servi et Liberty ingtntd et IMtftim^ de 
ViU Beat. 24. Ep. 31. &c 

SLAVES. 

MEN became slaves among the Romans, by being taken 
in war ; by sale ; by way of punishment : or by being 
bom in a state of servitude, {Servi aut nascebantur ^wtftebanU 

1. Thosie enemies who voluntarily laid down their arms, 
and surrendered themselves, retained the rights of freedom, 
and were called DEDltlTII, Liv. vii. 31. Cas. i. 27. But 
those taken in the field, or in the storming of cities, were sold 
by auction imb corona^ as it was termed, Lw. v, 22, &c. be- 
cause they wore a crown when sold ; or sub basta^ because a 

. spear was set up where the crier or auctioneer stood.) They 
were called SERVI, {quodessent bello servattjjlsidar. ix. 4. 
cw MANCiPIA,(7wa*t manu captiO Vatr. L. L. v. 8, 

2. There was a continual market fw shives at Rome. 
Those who dealt in that trade (M ANGONES vel VENA- 
LITII, Cic. Oral. 70. qui venales habebant. Plant. Trin^ 
ii. 2. 51.) brought them thither from vurious countries. The 
celler was bound to engage for the soundness of his slaves, 
and not to conceal their faults, HoraU Sat. ii. 3. 285. Hence 
they were commoflly exposed to sale (producebantur) naked ; 
an^they carried a scroll {titukis vel inscriptio) hanging at 
their necks, on which their good and bad qualities were speci- 
fied, Gell. iv. 2. If the seller gave a false account, he was 
bound^to make up the loss, Cic. Off, iii. 16, & 17. or in some 
cases to take back the slave. Ibid. 23. Those whom the seU 
ler would not warrant, ipnestare,) were sold with a kind of 
cap on their head, ipiieati^ Gell. vii. 4.) 

Those brought from beyond seas had their feet whitened 
with chalk, (cretatis v. gypsatis pedibus^ Flin. Nat. Hist» 
XXXV. 17, & 18. s. 58. Tibull* ii. 3. 64.) and their Ciirs bor- 
cd, iauribus perfaratis^) JuvenaU i. 104. Sometimes slaves 
were sold on that condition, that if they did not please, they 
should be' returned {redhiberentur) within a limited time, 
Cic. Off. iii. 24. Plant. Most. iii. 2. 113. Festus. Foreign 
slaves, when first brought to the city, were called VE- 
NALES, or Servi novicii, Cie*pro. Quinct. 6. Flin. Ep. 



i* 21* Qamctilian* u 12* 2. viii. 2. Slaves who had served 
loiiQ^ and lience were become artful, were called veieraiores^ 
ITerent. HeauU v. 1. 16. 

It was not lawful for free-bom citizens among the Ro« 
mans, as among other nations, to sell themselves for slaves : 
much less was it allowed any other person to sell free men. 
H\rtas this gave occasion to certain frauds> it was ordained 
by a decree of the Senate, that those who allowed themselves 
to be sold for the sake of sharing the price, should remain in 
slavoy . Fathers might, indeed, sell their children for slaves : 
b<4t these did not, on that account, entirely lose the rights of 
citizens. For when freed from their slavery, they were held 
as Ingenuiy not Liber tini. The same was the case with in- 
solvent debtors, who were given up as.slaves to their credi- 
tors, (in servituiem crediioriOus addtcii)^ Quinciiliam vi. 3* 
26. V. 10, 60. 

3- Criminals were often reduced to slavery by way of pun- 
ishment. Thus those who had neglected to have themselves 
enrolled in the Censor's books, or refused to enlist, igui cen- 
sum aup militiam subterfugerant^) had their goods confiscate 
ed, and after being scourged, were sold beyond the Tiber, 
Cic. pro Cacina^ 24. Those condemned to the mines, or to 
fight with wild beasts, or to any extreme punishment, were 
first deprived of liberty, and by a fiction of law, termed 
slaves of punishment {servi p<zn^ fingebantur)* 

The children of any female slave became the slaves of her 
master. There was no regular marriage among slaves : but 
their connectipn was calledCONTUBERNIUM,and them- 
selves, Contubernales* Those slaves who were bom in the 
house of their masters, were caUedVERNiE, or Femaculi; 
hence lingua vernacular v-aris^ one's mother tongue. These 
slaves were more petulant than others, because they were 
commonly more indulged, Ilorat. Sat. ii. 6. 66. 

The whole company of slaves in onehoute was called FA- 
MILIA, Nep. Att. ip. Cic. Paradox, v. 2. {Familia con-* 
Stat ex servis pluribusy Ck. Qesin. 19. Quindecim liberi ho* 
minesy populus est ; totidem servi^famiha ; totidem vincti^ 
ergastulum^ jipufei* ApoL) and the slaves, Familmres^ Cie. 
pro Cwl. 23. Fkut. Amphit. ProL 126* Hencc/amiliie phi- 
losophoruwiy sects, Ctc.,/in*iy. 18. Divin. ii. 1. Ati. iu 16. 
Sententia^guie/amiliamducit^HonzsTViA <i]JOD sit, id 



. 40 TiOMAN ANTIQUITIES. 

ESSE SOLUM BO NiTMythechief maxim of theSteicSiiHlj^/?* 
ii. 16. Lucius Jamiliam dudty is the chief of the sect^ Id. 
FhiL V. il« Accedit etiam^ quodfamUiam ducit, &c. is tlic 
V chief ground of praise, Fam. vii, 5. 

The proprietor of slaves was called Dohinus, Tereni. 
* Eun. iii. 2, 23. whenqe this word was put for a tyrant, Liu* 
ii. 60. On this account Augustus refused the name. Suet. 
^- Aug. 53* So Tiberius, /rf- Tti. 27> TaciU Annal. 27- 
Slaves not only did all domestic services, but were like- 
wise employed in various trades and manufactures. Such as 
" had a genius for them, were sometimes instructed in litera- 
ture and the lil^eral arts,, {artibus ingenuis liberalibusv. ho- 
nestisj Cic.) Horat. Ep. ii. 2. 7. Some of these were sold 
at a great price, Plin. vii. 39. s. 40, Senec. Ep. 27* Suet. 
Jul. 47v Cic. Rose. Com. 10. Hence arose a principal part 
. of the immense wealth of Crassus, Plutarch, in vita ejus. 
Slaves employed to accompany boys to and from school, 
were called P^Eidagoci ; and the part of the house where 
• those young slaves staid^ who were instructed in literature, 
(liters sennleSi Senec* Ep. 88.) was called PjEDACociBrM, 
Plin.Ep.vn.27. 

Slaves were promoted according to their behaviour ; as 
from being a drudge or mean slave in town, iMediastinusy) 
to be an overseer in the country, {FOlicus.) Horat. Ep. i. 14. 
The country farms of tte wealthy Romans in later times 
were cultivated chiefly by slaves, Plin. xviii. 3. But there 
were also free men who wrought for hire, as among us, 
(MERCENARII,) Cic. Off. i. 13. pro Cacm- 59. 

Among the Romans, masters had an absolute power over 
their slaves. They might scourge or put them to death at 
pleasure, Juvenal, vi. 219. This right was exercised with 
so great cruelty, especially in the corrupt ages of the repub- 
lic, that laws >VCTe made at different times ta restrain it. The 
lash was the common punishment; but for certain crimes 
they used to be branded in the forehead, and sometimes 
were forced to carry a piece of wood round their necks where- 
ever tliey went, which was called FURCA ; and whoever 
had been subjected to this punishment, was ever afterwards 
called FURCIFER. A slave that had been often beaten, 
was called MASTiGIA, Ter.Adelph. v. 2. 6, or VERBEr 



Slaved. 41 

RO, Id Phorm. iv. 4. 3. A slave who had b«n branded^ 
was called STIGMATI AS, v. -^icus^ i. e. noHs compunctug^ 
Cic. Off. ii. l.InscfiptOSy Mart. viiL 75. 9. Literatus. Plant. 
Cos. iii 6. 49. (i. e. Uteris inscfiptus: as, uma Uterata Plant. 
Rud. ii. 5. 21. ensicnlus literatus, 8cc. Id. iv. 4. 112.) Slaves 
also by way of punishment were often shut up in a work, 
house, or bridewell, (in ergastub v. PISTRINO,) where 
they were obliged to turn a mill for grinding com. Plant* et 
Ter.passim. et Senec. de Benef. iv. 37. 

Persons employed to apprehend and bring back {retrahe* 
rtf, Ter. Heaut. iv. 2. 65.) slaves who fled from their mas- 
ters, (FuciTivi, Cie. Fam. v. 9.) were called Fugitiva- 
All, Pbr. iiu 19. 

When slaves wttt beaten, they used to be suspended with 
a weight tied to their feet, that they might not move them» 
Plant. Asin.^ ii. 2. 34, &c. AuL iv. 4. 16. Ter. Phorm. i. 4. 
43. To deter slaves from offending, a thong [fiabend) or a 
lash made of leather was. commonly hung on the stair-case^ 
(f/f seaks,) ilarat. Ep. ii. 2. 15. but this was chiefly applied 
to younger slaves, Scoliast. Und. Impnberes habena velferu^ 
la plectebantur^ Ulpian. D^ L 33* de SC. Silan. Some here 
join insixdis with htnit^ as Cic. iu Mil. 15. Phil. ii. 9« - 

Slaves when punished capitally were commonly crucifi- 
ed, Juvenal, vi. 219. Cic. in Vet. v. 3. 64* &C4 but this pun< 
ishment was prohibited under Constantine« 

If a master of a family was slain at his own house, arid thei 
murderer not discovered, all his domestic slaves were liable, 
to be put to death. Hence we find no less than 4(X) in one 
family punished on this account, TatM. Anru xiv. 43. 

Slaves were not esteemed as persons, but as things, and 
might be transferred from one owner to another, like any 
other e&q^s. 

Slaves could not appear as witnesises in a court of justice^ 
Ter. Phorm. ii. 1. 62. new make a will, Phn. Ep. viii. 16. 
nor inherit any thing, Id. iv. 11. but gentle masters allowed 
them to make a kind of will, (^quan tesiamentafaeere,) Plim 
Ep. viii. 16. Nor could slaves serve as soldiers^ Idi x. 39. 
unless first made free, Serv. in Firg. Mn. ix. 547. except in 
the time of Hannibal, when, after the battle of Cannae, 8O0O 
slaves were armed without being freed^ Liv. xxii. 57. These 



42 ROMAN ANTIQUITIES. 

were called VOLONES, because they enlisted Tohiirttfib^, 
Festtis ; wA aftenvards obtained their freedom for their 
bravery, Xw. xxvi. le. 

Slaves had a certain allowance granted them for their sus- 
tenance, (DIMENSUMO commofily four or five bushels 
of grain a-month, and five den&rii^ which was called thek 
MENSTRUUM, Dtmat. in Ter. Fhorm. i. 1. 9. Set9&c. 
JBp.eO. They likewise had a daily allowancCvCDIARIUM, 
Horat. JEp. 1. 14. 40«) And what they spared of this, or pvo. 
cured by any other means with their master's consent, was 
called their PECULIUM. Thb money, with their master's 
permission, they laid oul: at interest, or purchased with it a 
slave for themselves, from whose labours they might make 
profit. Such a slave was called Serui VICARIUS, Hor0t. 
Sat* ii. 7. 79. Cic. Vert. i. 36. Pima. Asm. ii» 4. 27* MtSF^ 
tiaU ii. 18. 7. and constituted part of the peeuHum, wilk 
which also slaves sometimes purchased their freedom, Ci- 
cero says, that sober and industrious slaves, at least such as 
became slaves from being captives in war, seldom remained 
in servitude above six years, Fkit. viii. 11. At certain times 
slaves were obliged to make presents to their masters out of 
their poor savings, Ux eo quod de dmensa sua uneiatim €onu 
parserint^) Terent ibid. There was sometimes an agree- 
ment between the master and the slave, that when the slave 
should pay a certain sum, the master should be dbliged to 
give him his liberty. Phut Atd. v. 3« Casm. ii. 5« 6, S^c. 
jRud.iv. % 23. Tacit, xiv. 42. 

Although the state of slaves in point of right was the same, 
yet their condition in femilies was very diSerent^ accordias 
t6 the pleasure of their masters and tlusir diSerent emplof - 
ments. ^ome were treated with indulgence ; some served in 
chains, asjanitors and door-keepers, iostiarH;) soi^sointhe 
country, catenati cultorei^ jFlor. iii. 19. Fineti/bssarest X«- 
can* vii. 402. others were confined in workhouses below 
ground, iin ergastulis subterraneis.) So Pliny, Fmetipedes^ 
damnata manus^ inscriptiquevukusy arva eacereenty xviia. 3. 

At certain times slaves were allowed the greatest freedom.| 
as at the feast of Saturn m the month of December, Shrat. 
Sat. iL 7. 4. when they were served at table by their mas. 
ters« Auson. de Fer* Mom* ii. 15. and on the Ides of Au- 
gust, F^stus^ 



SlAVJSS, 43 

The BinRber of alares m Rome and through Italjr was im- 
mense, Jubenal. liL 140. Some rich individuals are said ta 
have had several thousands, Simeca de Tranq. An. viii. Wars 
were sometimes excited by insurrections of tlie slaves, Fler. 
iiL 19, 8c 2a 

lliere were also public slaves, who were used for various 
puUie services, JUv. t. 7. and especially to attend on the 
tn^istraies* Their condition was much more tolerable than 
that of private sbives. They had yearly alio wa^lces (an- 
nua) granted them by the public, Plin. Epist* x. 30, 40. 
There were also persons attached to the soil, (adscrifti. 
Tii^rdgleb^^adscripti;) concerning the state of whom wri- 
tcTB are not agreed. 

Slaves ancienlly bore the prenomai of their master ; thus, 
Marapote^^ lAuipores^ Publipore^^ (qua^ Marciy LuciU 
Pubm pueri^ &c«) Qumetilian. i. 4« 26. Afterwards thej*^ 
had vsffioiis names, either from their country, or from other 
oircamstances ; as Syrw^ Davus^ Geta, JParmefw, &c. in 
comic writers;- 7?r0, Laurea^ Dtonysius^ &c. in Cicero. But 
slaves are usuaUy distinguished in the classics by their dif« 
ferentemfdoynEients; as Medici^ Chirurgi^ Fadagogi, Grasn^ 
mctieij ScriA^f Fabrij Coqui^ &c. 

Slaves wcre-anciently freed by three ways, CensUy Ftndic- 
tUj €t TestamentQy Cic. Topic. 2. seu 10. 

1. Per CENSUM , when a slave with his master's know- 
ledge, or by his order, got his name inserted in the Censor's 
roll, Cic. Cacin. 34. s. 99. 

2. Per VINDICTAM, when a master going with his 
!^ve in his hand to the Pr?etor or Consul, and in the provin- 
ces, to the Proconsul or Propraetor, said, ** I desire that this 
" man be firee according to the custom of tlie Romans;" 

HUKC KOUlVtU LIBERUM ESSE VOLO MORE Vel JURE 

QuiaiTitTK ; and the Pragtco*, if he approved, putting a rod 
on the head of the slave, Ilorat. Sat. ii. 7. 76. pronounced, 
** I say that this man is free after the manner of the Ro- 
mans." Whereupon the Lictor or the master turning him 
round in a circle, (which was called VERTIGO, Pers. Saf, 
V. 75.) and giving him a blow on the cheek, CaZs/xr, Isidor. 
is. 4. wheiioe, multomajoris alapes mectim venetint^ Liberty 



4A ROMAN ANTIQUITIES. 

is sold, &C. Phit^. u. 5. a2.)\tt Imn go^ {e manu emtUebad 
signifying, tha( leave was granted him to go whpr^ he pleas-^ 
cd. The rod with which the slave was struck, was called 
VINDICT A, as sqme think, from Findicius or Findex, a 
dave of the FiteUuiyufho informed the Senate concerning the 
conspiracy of the sons pf Brutus and others, to restore the 
Tarquins. and who is said to have been first fireed in this 
manner, Liv, ii. 5. whence also perhaps FiruHcare in liberta- 
iemy to free. Mulier, moda quam vindicta redemit^ a wo- 
man lately .freed, Ovid. Art. Am* iii«*615. 

3. Per TEST AMENTUM, when a master gave his 
slaves their liberty by his will. If thb were done in express 
words, (verbis directisj) as for example, Pavus si.ERvus 
^£us tiBER £ s TO, such fi'eed mea were called 0RCINI 
or Charonit^^ because they had no patron but in die infernal 
regions. }n allusion to which, those unworthy persons who 
got admission into the Senate after the death of Ciesar, wore 
by the vulgar called SENATORES ORCINl, SueL Aug. 
35. But if the T<^stator signified his de^e, by way of request, 
verbis precativisj) Roco heredem meum, vx Davuri 
hanumittat; the heir ihares fidudarius^ retain^ the 
rights of patronage. 
Liberty procured in any of thes? methods was called Jus- 

TA LlJIERTAS. 

In later times, ^ves used to be freed by various other 
methods ; by letter, {per epistolam ;) among friends, {inter 
^micosy) if before five witnesses a master ordered his slave 
to be free ; or by table, (per mensam^) if a master bid his 
^ave eat at his table, Piin. Mpisf. vii. 10. for it was thought 
disgraceful to eat with slaves or mean persona ; and bench- 
es (subselUd) were assigned them, not couches. Hence imi 
subsellit vir^ a person of the lowest rank, Plaut. Stick, iii. 4. 
32. There were many other methods of freeing slaves: but 
these did not confer complete freedom. They only dis. 
charged them from servitude, but did not entitle them to 
the privileges of citiii:en§ : unless afterwards the viniMcta 
was superadd^, in presence of a magistrate, Piin* Ep. viit 
16,&32. 

' Anciendy the condition of all freed slaves was the same ; 
^|)ey obfsuued th^ freedom of the city with their liberty, pp. 



• 
pro Ma&o^ 9. aceordBus to the institution of Sefvius TuUi* 
US) Dumys* iv« 22^ & 23* They were, however, distributed 
among the four city tribes, as being more ignoble^ Xiif. 
Epiu XX. But afterwards, when many worthless and profli- 
gate persons* being freed by their masters, thus invaded 
the rights of citizens, various laws were made to check the 
licence of manumitting slaves. No master was allowed to 
free by lus will above a certain number, in proportion to die 
number he bad ; but not. above 100, if he had even 20^000, 
which number some individuals are said to have possessed, 
Athen. Deipnosoph* vi. 20. Hence Seneca speaks of vasta 
sp€Uia terrarumper vinctos ctdmda ; et Jamiiia beliicosis na- 
twnibus major ^ de Benef. viii. 10. and Pliny, of legions of 
slaves, so that the master needed a person to tell him their 
names, {namenclator^ xxxiii. 1. s. 6. So Petronius Arbiter, 
37» & 117. Augustus ordained by a law, called Mlia Sen- 
tia^ that no slave who had ever for a crime been bound, 
publicly 'whipt, tortured, or branded in the face, although 
freed by his master, should obtain the freedom of the city, 
but should always remain in the state of the Dedititii^ who 
were indeed free, but could not aspire to the advantages of 
Roman citizens. The reason of this law may be gathered 
from Dianys* iv. 24, 

Afterwards by the law called Junta Norbanoy because it 
was passed in the consulship of L. Junius Norbanus, A. U* 
771, those freed ptfr epistolam^ inter amicos^ or by the other 
less solenm methods, did tot obtain the rights of Roman ci^ 
tizens, but of the Latins who were transplanted into colo. 
nies- Haice they were called L ATINl JUNIANI, or sim- 
ply LATINI, Plin. Ep. x. 105. 

Slaves when made free used to shave their heads in the 
temple of FenHiia, and received a cap or hat, as a badge of 
liberty, Serv. ad Firg. JSn. viii* 564. Liv. xiv. 44. Hence, 
Adpileum servum vocare, for ad kbertatem^ Liv. ibid. They 
also were presented with a white robe and a ring by their 
master* They then assumed a pntnomen^ and prefixed the 
name oftheir patron to their own. Thus^ Marcus TuUius 
Tiro^ the freedman of Cicero. In allusion to which, Per- 
$ius sss^Verterit hunc Dominus; memento turbinis exit 
MiVBCUS IhrnUf Sat. v. 77. Hence Tan^uam habeas 



46 ROMAN ANTIQUITIES. 

iria naminaj for tanquam Uber m^ Juveod, y. 120. So fo- 
reigners, when admitted ta the freedom of the city, awumed 
the name of that patwa by whose £ivour diey obtained it, 
Cie. Fam. xiii. 35, 36. 

Patrons retained vsffious rights over thdrfreedmen. If the 
patron were reduced to poverty, die freedman was bound, 
in the same manner as a son, to sunport him, according to 
his abilities. And if a patron foiled to support his freedman 
when pocNT, he was deprived of the rights of patronage. 

If a freedman died intestate, without heirs, the patron soc- 
ceeded to his effects* 

Thoste ireedmen who proved ungrateful to their patrons 
were condemned to the mines (adlautumias) ; and the em« 
peror Claudius, by a law, reduced them to dieir former sh» 
veiy, im serxntutem revocavit^) Suet. Claud* 25. lAker* 
turn qui probatusfuerit patrano delatores summisisse^ qui de 
statu ejusfacerent ei quastumem^ servum patram €$sejus^ 
sit J h. 5. Dig. de jure Patron. 

BIGHTS of ROMAN CITIZENS, and of the different 
Inhabitants qfthe ROMAN EMPIRE. 

WHILE Rome was but small and thinly inhabited, who* 
ever fixed their abode in the city or Roman territory, 
obtained the rights of citizens. 

To increase the number of citizens, Romulus opened an 
asylum or sanctuary for fugitive slaves, insc^vent debtors 
and malefactors, whither great numbers flocked from the 
neighbouring states, Liv. i. 8. because no one could be ta* 
ken from thence to punishment. Id. xxxv. 51. Tac. An* 
iii. 60. Even vanqubhed enemies were transplanted to 
Rome, and became citizens. In this manner tll^ freedom 
of the city was granted by Romulus to the Caninensest Ca-^ 
merini^ Antemhates, Crustumini^ and at last also to the Sa- 
bines. This example was imitated by his successors, who 
transplanted the Albans and other vanquished tribes to 
Rome, Iav. i. 29. S3. Likewise after the expul8i<Mi of the 
kings, the freedom of the city was given to a great many, 
especially after the taking and burning of the city by the 
Gauls } at which time, that it might be xebuilt with moic 



Rights q^RoiCAi Citizen s» &c. 47 

spfendor, new cidxem were assumed from the Fcientes^ 
CapaMes^ and Faksei^ Lav. vL 4. 

Besides diose who hadsettled in the Roman territory, and 

who were divided into city and country tribes, the freedom 

of the city was granted to several foreign towns, which were 

called MUNICIPIA, and the inhabitants MUNICIPES, 

because they might enjoy offices at Rome, (munia, \. munera 

capere paterant.) When any of these fixed thek abode at 

Rome^ they became Gives Ing£nui, Cic. Brut. 75.de 

JLegg. iL 2. Hence it happened, that the same person might 

enjoy the highest honours both at Rome, and in his own free 

town. Thus Milo, while he stood candidate for the Con- 

subUp at Rome, was Dictator in his own native city Lanu- 

vium, Cic. pro Mil. 37. The free town in which one was 

bom was called patria G£RMan a, natura vel loci ; Rome, 

{.qua exceptus est^ patria communis, civitatiiy€Ljtiris^ 

Cic. de Legg^ ii* 2. 

But when the Roman empire was more widely extended, 
and thedigniQr of a Roman citizen of course began to be 
more vahied, the freedom of the city {jus ciuitatis) was more 
sparingly conferred, and in different degrees, according to 
the difierent merits of the allies towards the republic. To 
some the r^bt of voting, ijus mffragii) was given, and to 
others not The people of Caere were the first who obtained 
the freedom of the city without the right of voting, for hav« 
ing received the sacn»l things of the Roman people, the 
Vestal Virgins and priests, when they fled from the Gauls, 
yf. GeU. xvi. 13« The freedom of the city was soon after 
given in this manner to die people of Capua, Fundi, Fch*- 
mise, Comae, and Sinuessa, Lio. viii. X4. to the inhabitants 
of Acerra, ilAi. 17. amd of Anagnia, &c. 

The inhabitants of Lanuvium, Aricia, Nomentum, Pe- 
dum, received the freedom of the city, with the right of vot- 
ing, Lao. viii. 14. and Privernum, {Prwemates,}c. 21. But 
sev«al cities of the Hernici preferred their own laws, JLiv* 
IX. 43. In process of time, thb right was granted to all the 
allies of the Latin name ; and after the social or Italian war, 
it was communicated to all the Italians south of the river Ru- 
bic(xi en the upper sea, and of the city Luca on the lower 
5j», Afterwards the same right was granted to Cisalpine 



48 ROMAN antiquities; 

Gaul» which hence began to be called Gallia Togata. Aii- 
gustus was very sparing in conferring the freedom of the ci- 
ty ; but the succeeding Emperors were mcH'e liberal, and at 
different times granted it to different cities and nations* At 
Ia$t Caracalla granted the freedom of Roman citizens to all 
the inhabitants of the Roman wodd. 

Those who did not enjoy the right of citizens were anci- 
ently called HOSTES, and afterwards PEREGRINI, Cic. 
Offl u 12. After Rome had extended her empire, first over 
Latium, then over Italy, and lastly over great part of the 
world, die rights which the subjects of that empire enjoyed^ . 
came to be divided into four kinds ; which may be called 
Jus Quiritiunty Jus Latiiy Jus Ita&cum^ Ju^ Pravinciarum 
vel Provindale^ 

JUS QUIRITIUM comprehended all the rights of Ro- 
roan citizens, which wer^ difierent at different times. The 
rights of Roman citizens were either private or public : the 
fbrmer were properly called Jus Quiritiumy aiid the latter Jus 
Ciuitatisy Plin. Ep. x. 4. 6. 22. Cic, in RuU. ii 19, as with 
us there b a distinction between denization and naturally- 
zation. 

I. PRIFATE RIGHTS qf ROMAN CITIZENS. 

THE private rights of Roman citizens were, 1. Jus Liber-' 
tatisy the right of liberty ; 2. Jus Gentilitatis et Famihie^ 
the right of family ; 3. Jus Connubiiy the right of marriage; 
4. Jus Patriuniy the right of a father; 5. Jus Dominii Legitu . 
miy the right of legal property ; 6. Jus Testamenti et H^predi* 
tatisy the right of making a will, and of succeeding to an in- 
heritance; and 7. Jus Tutelar the right of tutelage or Ward- 
ship* 

1. The RIGHT 0/ LIBERTY. 

Tfi I s comprehended LIBERTY, not only from the pow^ 
er of masters, Cdominorum), but also from the dominion of 
tyrants, the severity of magistrates, the cruelty of creditors, 
and the insolence of more powerful citizens* 

After the expulsion of Tarquin, a law was made by Bru- 
tus, that no one should be king at Rome ; and that whosoe^ 



vcr diould form a design of making himtseif king^ mil^t be 
slain with impunity. At the same time the people were bound 
by an oalli, ^t tbcy would never suffer a kingtobe created* 

Roman citizens were secured against the tyrannical treats 
ment of magistrates, first by the right of appealing from them 
to the paof^t and that the person who appealed^ should in 
no manner be punishedi till the people determined the mat- 
ter ; but chiefly, by the assistance of their tribunes. 

None but the whole Roman pecq>le in the Comitia Cmiu* 
fiaiayO^vlA pass sentence on the life of a Roman Citizen. No 
magistrate was allowed to punish turn by stirpes ot capitally^ 
The single expression, ** I am a Rokak Citizen," check- 
ed their severest decrees, Cie. in Ferr. v. 54, & 57, &c« 
Hence, QUIRITARE dicUur^ qtd Quiritiumjldem damans 
imphrat^ Varro de Lat Ling, v.- 7. Cic. ad Fam. x. 32, 
Liv. xxix. 8. Acts xxii. 25. 

By the laws erf* die twelve tables k was ofdained, that in* 
solveiit debtors should be given up iadtiicerentur) to their 
creditors to be bound in fetters and cords, (compedibus et 
nervis^ whence they were called NEXI, OBiERATI, et 
ADDICTL And although diey did n6t ent^1ely lose the 
rights* of freemen, yet Aey weie in actual slavery, and often 
treated more harshly than even slaves themselves, Lku. iL 
23. 

If 9Stf one was indebted to several persons, and could not 
&nd a cautioner (vifukx vel expromissor) within sixty days, 
his body (corpus) literally, according to some, but more pro- 
bably acco^ing to others, his eifects, might be cut in pieces, 
isecari^ and divided among his creditors, vdf. OelLxx. 1. 
Thus sectio is put for the purchase of the whole booty of any 
place; or dTtfae whole e&cts of a proscribed or condemned 
person, Cic. PfnL ii. 26. or iac the booty or goods them* 
selves, Cas. dtBelL Gall. iL 33. Cia Irro. i. 45. and sevto* 
r^s for the purdiasers, Ascon. in Cic. Ferr. i. 23. because 
they made i^ofit by selling them in parts ; (^ seco) : Hence 
Sectores ecilarum et bonorum^ i. e. quiproseriptosoccidebant 
etbona eorum emebani, Cic. Rose. Am. 29. 

To dieck tfie cruelty of usurers, a law was made, A. U. 
429. wherAfy it was provided, that no debtor should be kept 

I 



in irons or m Bonds; that the goods of the debtoi', not hi» 
person, should be given up to his creditors, Uv. viii. 28* 

But the people not satisfied with this, as it did not freef 
them from prison, often afterwards demanded an entire abo* 
lition of debts, which they used to caU NEW TABLES.^ 
But this was never granted them* At one time, indeed, by a 
law passed by Valerius Flaccus, sHver was paid with brass^ 
as it is expressed, Sallust. CaU S5. tha^ is, the fourth part of 
the debt oi^ Was paid, Fett. iL 23. aniu for a sestertius, and 
» sestertius for a denatius : or 25 for 100, and 250 for 1000. 
Julius Ciesar, after his victory in thecivil war, enacted some- 
* thing of the same kind, C^s. BelL Civ. iii. 1. Suet. Juli 14. 

^. The RIGHT of FAMILY. 

Each ^Mi and ^eh family had certain sacred rites pecu<* 
Uar to itself, whfeih went by inheritance in the same manner 
te efiects, JUv. w- 2. tVhcn heirs by the father^s side of tber 
^me &mily {agnatt} failed, thoserof the same gens (gentHes) 
succeeded, in preference ta relations bv the mother^s side 
ieognati) of the same family (/brntfio). No <me could pass 
from a Patrician family to a Plebeian, or from a Plebaall to 
a-Patrkian^ unless by that form of adoption, wlrichcould onu 
ly be made at the Camitia Curiata. Thus Clodius, the ene-r 
my of Cicero, was adopted by a Plebeian, that he might be 
created a tribune of the commons, Cw. Dom. 15. AtU i^ 
18&19. 

5. TheSlGIIfqfMARRIAQE. 

No Rontan citizen was permitted to marry a slave, abaf- 
barian, or a foreigner, unless by the peiteission of the peo^ 
pie ; as lia. xxxviii. 56. CONNUBIUM est niatrimamum 
inter crves : inter sefvos autem^aut inter civem et peregrine 
mn£tums hofhinem^ cut sertnHs^ nan est Connubium, sed 
CONTUBERNIUM, Baeth. in Ctc. Tap. 4. By the laws 
of the Decemviri^ intermarriages between the Patricians and 
Plebeians were prohibited. But dns restriction wa^ soon 
abolished^ Liv. iv. 6. Afterwards, ho'wever, whdn ^ Patri- 
<giaci lady mairiada Pkbeiai^ she wa&said Patribus enuhere^ 



RiOBTft ^ROVAN CiTiZftVS. 51 

ud was excluded from the sacred rites of Patrician ladies, 
Ua^ X. fiS. When any woman married out of her clan, it 
liras called GenHz amptio ; which likewise airms anciently 
to have been forbidden, lAu. xxxix. 19. The diflferent kinds 
of maniages, &c. will be treated of hereafter. 

4: The RIGHT qf a FATHER. 

A FATHER, among the Romans, had the pow^ of life and 
deadi over his children. He could not only expose them 
when infants ; which cruel custom prevailed at Rome foe 
many ages, as among other nations, Cic. de Legg* iii* 8. 
Ter. HeauU iv. 1. Suet. Octau. 6T. Calig. 5. Tacit. Hist. 
iv. 5. Stnee* deBm. ifi. 13, Ice. and anew*bam infant was 
BOt hdd legitimate, unless the father, or in his absence some 
person for him, lifted it from the ground, {terra levasset,) 
and placed it on his bosom ; hence toUere Jilium^ to edu* 
cs^ ; nan toller e^ to expose : but even wHen his children 
were grown up, he might imprison, scourge, send them 
bound to work in the country, and also put them to death 
by any punishment lis pleased, if they deserved it. iSbi/. Cat. 
39. Lto, ii. 41. viii. 7* Dianys. viii. 79. Hence a father is 
called a domestic judge^ or magistrate^ by Seneca ; and a 
censor a/ his son^ bySueton. Claud. 16. Romulus however 
at first permitted this right only in certain cases, Dionys. ii. 
15.ix.22. 

A son could acquire no property but with his father's 
consent ; and what he did thus acquire was called his P£« 
CULIUM, as of a slave, lAv. ii. 41. If he acquired it in 
war, it was called PECULRJM CASTRENSE. 

Tlie coiiditi<Mi of a son was in some respects harder than 
that of a slave, A slave when sold once, became free ; but 
a son not, unless sold three times» The power of the ^ther 
was suspended,. when the son was promoted to any public 
«fice,*but not extinguished, Liv. ib. For it continued not 
only during the life of the children^ but likewise extended 
to grand-chOdren, and great grand-chfldren. None of them 
became their own masters, (suijuris^) till the death of their 
father and grandfather. A daughter by marriage passed 
^Voii^ the pQwer pf h^r father under that t>f her husbands 



id SOMAN ANTIQUITIES^ 



EMANCIPATION and ADOPTION. 

Wbb ir a father wished tairec his son from his authority'^ 
(EMANCIPARE,) it behoved him to bring him before 
the Praetor, or some magistrate^ (apud quern legis actio erat^ 
andthereseUhimthreetimes,P£&wE8 et LiBiAM,asitwas 
termed, to some firiend, who was called Pater Fiducia- 
I119S, because he was bound after the third sale to sell him 
back iremancipare) to the natural father. There were be*^ 
mdes present, Lxbrif£N8, who held a brazen balance; fivo 
witnesses, Roman citizens, past the age of puberty ; and an 
eniesiaiM^ who is supposed to be so named, because he 
summoned the witnesses by touchiflg the tip of their em, 
JSbr. &a. h 9« 76« Inthe presence of these, the natural father 
gave over, {numvipabai, i. e. mami tradebat) his son to the 
purchaser, adding these words, Mancupo tibz hunc 
Wii*ivUy qxji KBITS EST. Then the purchaser holding a 
brazen coin, {sestertius^) said, Hunc £go homikzm bx 

JuReQuIRITIVIC MEUM esse AIO^ ISqUE Mini EMPTirS 

EST HOC AKRE, /&ir£A<^ins LIBRAE and having strttck the 
bid«nce with the coin, gave it to the ns^ral father by way 
of price* Then he manumitted the son in the usual fi^rm* 
But as by the principles of the Roman law, a son, after be- 
ing manumitted once and again, fell back into the power of 
his father; the imaginary sale was thrice to be repeated, ei* 
ther on the same day, and before the same witnesses, or on 
difierent days, and before different witnesses ; and then the 
purchaser, instead Of manumitting him, which would have 
conferred zjus patrmatus on himself, sold him back to the 
natural &ther, who immediately manumitted him by the 
oame formalities as a slave, {Libra et ^re liberatum etniite^ 
batt Liv. vi. 14.) Thus the son became his own master^ 
isui juris foetus est.) Liv. vii. 16. 

The ottstom of selling per ^s vd assem et librafn\ took 
its rise from this, that the ancient Romans when they had no 
coined mcniey, Lao* iv. GO. and afterwards when they used 
assesoiz. pound weighty weighed their money, and did not 
Itoimtit. 

Inemancipstiagadaoi^tcr or grgnd^dhildran» die same 
ftvnwUties weie used^ but only oncci {unm manctpatio si^f. 



RlCHTS o/^RoHAir ClTfZEVS. $3 

JicieSat;) tbcy were not thrice repeated as in emancipatiiiK 
a sam But these formalities, like others of the same kind* in 
prcx^en of time came to be thought troublesome. Atha« 
nasius, therefore, and Justinian, invented new modes of 
emancipation. Adianasius appointed, that it should be auf* 
ficieot if a father showed to a judge the rescript of the £m« 
penirforenuincipatiaghisson; and Justinian, that a father 
sbould go to any magistrate competent, and before him, with 
the consent of his son, signify thisit be fireed his son from hii 
power, by saymg, Uukc sui Juris £s$£ patior^ kba* 

quit MA||0 MITTD. 

When a man had no children of his own, lest his sacred 
rites and name should be lost, he might assume others, (er- 
traneot) as his children by adoption. 

If the person ado|>ted were bis own master, (suijarisj) it 
was called ARROGATIO, because it w^ made at the Cb. 
mUid Curiataj by propo^ng a bill to the people, iperpopuli 
rogatianemy) GelL v. 19* 

If he were the son of another, it was properly called 
ADOPTIO, and was performed before the Prsetor c* Pre. 
sklent of a province, or ai^ other magistrate, iapud guem 
l^gis actio eraU) The same fcH-maUties were used as ineman« 
cipation. It might be done in any place. Suet. Aug. 64. The 
adopted passed i|ito the family, the name, and sacred rites, ci 
theadoptcc, and also succeeded to his fortune. Cicero makes 
nodbtinction^between these two forms of adoption, but 
calb both by the gaieral name of Adoptio., 

5. The RIGHT of PROPERTY. 

T&iHcs, with respect to property among the Roihans, 
were vaxiously divided. Some things were said to be of DI- 
VINE RIGHT, otfiersof HUMAN RIGHT. The former 
were called sacred^ (res SACR^ ;) s^s^'^Utarsj temples^ or 
any thing publicly consecrated to the gods by the authority 
ofthepontiflb: oc rehgious, (MAAGIO^M \) as, Sepul'- 
chre^t bLC* or inoiolable, (SANCTiE, i. e. aliqua sanctions 
ffttt^lfer ;) as, the walls and gates of a city, il£zcr(>6. Sat. iii. 3. 

These things were sutgect to the law of the pontiffs, and 
te^Mpeny of tibem ccmld not be transferred. Temples were 



44 KOMAN antiquities; 

iKendered sacred by inauguration, or dedication^ ^lat is, by 
being consecrated by the augurs, {comecrata inauguraU^ 
^ue.) Whatever was legally consecrated, was ever after in* 
applicable to profane uses, Plin. Ep. ix. 39. x. 58, 59, 76. 
Temples were supposed to belong to the gods, and could 
Botbe the property of a privatepersoa. Things ceased to be 
sacred by being unhallowed, {exauguratione^ Liv. L 55.) 

Any place became religious by interring a dead body in it, 
1. 6. \* 4. D. de Avis. ret. 

Sepulchres were held ireligious because they were dedicate 
ed to the infernal gods, iDiis mambtts vel ir^cns^ No se« 
pulchre could be built or repaired without the permission of 
^e pontiffs ; nor could the property of sq>ulchres be tran&> 
ierred, but only the right of burying in them, (jus moNuum 
in/erendi.) The walls of cities were also dedicated by cer- 
tain solemn ceremonies t and therefore they were hdd invio- 
hble, (.Sanctis) and could not be raised or repaired without 
the authodty of the ponti£&. 

Things of human ria^t were called profane^ Cres PRO- 
FAN^ ;) and virere either PUBLIC and COMMON i as 
the air J running vmter^ the sea, and its shores^ &c. Virg^JEn. 
vii. 229. Ck?. Rose. Am. 26. or PRIVATE, which might b* 
the property of individuals. 

Some make a dbtinction between things common and 
public ; but most writers do not. The things, of which a 
^hole society or corporation had the property, and each in* 
divWual the use, were called RES UNI VERSITATI8, or 
more properly RES PUBLICi£, (quasi pojDti/rc<f, zpopuh^ 
the property of the people ;) as, theatres^ laths, higkanxySf 
&c. And those things weie called RES COMMUNES, 
which dthor could be the property of no one, as theatr, Ughi^ 
&c. Ovid. Met L 135. vi. 349. or which were the joint proi^ 
perty of more than one ; as, a common wtUt^ a commonfield^ 
&c. CoMMUN£, a subst. is put for the commonwealth, Cmt* 
Ferr. ii. 46. 63. & 69. Horat. Od. ii. 15. 13. Hence in 
commune consulere^ prodesse^ cmferre^ metuere^ &c. for the 
public good. 

Things which prc^eriy belonged to nobody, were cdkd 
RES NULLIUS ; as, parts of the toorld not vet ibscover^ 
ed^ammalsnatelaimedi^ To this plaw Was rental ^rnr^ 



ftlGRTS ^ftoiCAN CiTIZSAsr ^ 

tkeasJaeMSf or «n estate in the interval of time between thoi 
demise of the last occupier and the entry of the successor. 

Things were either MOVEABLE or IMMOVEABLE. 
The moveable things of a farm were called Rut a C^sa, sc. 
ei >- i. e. JSruia ei c^ias as, sand, coals^ Mtones^ be. which 
vrere commonly excepted, ireaeptaj) or retained by the seU 
ler, Cic. Top. 26. Orat. ii. 55. 

Things Were also divided into CORPOREAL, i.e. which 
might be touched, and INCORPOREAL ; as, righii, ser^ 
9itudesn Sec. The^former Cicero calls, Be^^ qua sunt ; tho 
latter, jR^^, qu^ intttliguntur^ Topic. 5. But others, per. 
haps more properly, call the former, RES, things ; and the 
latier, JURA, righu ; QumctiKan. v. 10. 116. 

The divi^on of things Horace farieAy expresses thus : 

Fmt hmc sapientt0 qwmdam^ 
PtAkM pfnfatis secemere^ sacra prufanU* 

De Art. Poet 396. 
So Com. Nei>os, in vita Tkemxst. 6« 
Private thmgs {res PRIVATiE) among the Romara^ 
f^ere either RES MANCIPI, or NEC M ANCIPL 

RES MANCIPI were those things Which might be sold 
and alienated, oir the property of them tiansferred from one 
person to another, by a certain rite used amoqg Roman citiw 
aens only ; so that the purchaser might take them as it were 
with bis kand'(mani^ capefet); whence he was called MAN* 
CEPS, and the thing, res MANCIPI, vel Mancupij con- 
tracted £tf Mancipii. And it behoved the seller to be an- 
swerable for them to the purchaser, to secure the possession^ 
iperieuium judieii^ vel auetoritatemt vd evictionem pr^sta^ 
re^ 8cc.) Cic. pro Mufena^ % 

NEC MANCIPI resy were those things which could not 
be thus transferred ; -whence also the risk of the thing lay 
on the purchaser, Plaut. Pers. iv. 3. 55^ &c. Thus, manci* 
pium and usus are distkiguished : Fttaqtie maneipio nuUi da* 
iUTy in property or perpetuity, omnibus usu^ Lucret. iii. 985. 
So mancipium &nd/ruetuSf Cic. Epist Fam. vil 29, 30. 

Thcr^# MANCIPI, were,— 1. Farms, either in town or 
countty within Italy; (Pradia urbanaet rustica in solo Italic 
€oh or in ^ provinces, if any city or place had obtained th6 
Jtn Itaikum. Other farms in the provmces were called pexr- 



fed ROMAN ANTIQUITIES. 

sessitme^, tKApradki ; and because proprietors gave in an ac« 
count of their families and fortunes to the censors, they Vftxm 
* called Pradia censtd eensendtK, Cic. pro Flacc. 32. — 2* 
Siaves.-~S* Quadrupeds, trained to WOTk with back or neck^ 
darso vel cervice domiti); as, horses^ oocen^ assesi mules ; but 
not wild beasts, although tamed ; as, elephaHts\ camek.^^4* 
Pearls (jnargurita) Plin, ix. 35. a. 60. — 5. The r^hts of 
country farms, called *m;ifi«fc»,(SERVITUTES,)i7^ifln. 

The serritudcs of farms in the country, were, — 1. The 
riglit of going on foot through the farm of another, (ITER) ; 
—2. Of driving a beast, or waggon riot loaded, (ACTUS) ; 
— 3* Of driving loaded waggons, (VI A); — 4. Ofcarrying wa- 
ter, ( AQUiEDUCTUS) ; either by canals or leaden pipes, 
iper canaUe^ v. fistulas pbimbeasj) Vitruv. vni. 7*— The 
breadth of a via, when straight, was eight feet; at a turn, {in 
' anfractum y. infiexu,) sixteen feet ; die breadth of an actuSf 
four feet : but the J^readth of an iter is uncertain. 

To these servitudes may be added, the drawing of water, 
Xaqua haustus) ; tlie driving of cattle to water, (pecoris ad 
aquam appubus); the right of feeding; of making lime, (ca/. 
m eoquendai) and of digging sand. 

Those farms, which were not liable to any servitude, were 
oalled PRiEDIA LIBERA, optima jure v; canditione apti^. 
ma; those which were {que serviebant^servitutem debebimt, 
vel servituti erimt olmoocia,) FRMDIA SERVA, Ctr^m 
Bulk ill 2. 

Buildings in the city were called PR^DIA URBANA, 
and were reckoned res mandpi^ only by accession {jure fun* 
A; for all buildings and lands were called FUNDI; but 
usually buildings in the city were called JE^es^ in the conn- 
try FiUa. A place in the city without buildings, was called 
AREA, in the country AGER. A field with buildings was 
properly cafled FUNDUS. 

Tlie servitudes of the Pradia urbana^ were,— 1. Servitus 
ONERIS FERENDI, when one was bound to support the 
house of another by his pillar or wall ;«— 2. Servitus TIGNI 
IMMITTENDI, when one was bound to allow a nei|^- 
bour to drive a beam, a stone, or iron into his wall; for tig^ 
man among lawyers signified all kinds of m%ierials for build- 
*ing. 



Rights q/* Roman Citizeks. ' £7 

Anciently for fear of fire, it was ordered that tlicre should 
bean interstice left between houses, of at least two feet and 
a half, which was called AMBITUS, Festus, or ANGL 
PORTUS vel-wffi, and this was usually a thoroughfare, but 
sometimes not, 7Vr- Adelph. iv. 2. 89- For when Rome 
came to be crowded with houses, these interstices were only 
left between some houses. Nero, after the dreadful fire which 
happened in his time, restored the ancient mode of building 
houses distinct from one another, Tacit. Ann. xv. 43. 

Houses, which were not joined by common walls \\ith the 
neighbouring houses, were called IN SUL-iE,jP^^/tt^. Some- 
limes cfomw^ and m^w/^ are distinguished, Suet. JVer. 16. & 
S&. where domus is supposed to signify the houses of the 
great, and insula those of the poorer citizens. But anciently 
this was not the case, rather the contrary ; as. Insula Clodii^ 
JLueulli^ Sic. Cic. Under the emperors, any lodgings {.hospu 
tia) or houses to be let, {JEdes mercede locand^y vel domui 
conductitia^^ were called insuU^ and the inhabitants of them, 
Inqmltni^ or Inmlarii ; which last name is also applied to 
those who were appointed to guard the genii of each insula^ 
The proprietors of the insuU were called DOMINI insu- 
JLARUM, Suet. Jul 41. TiL. 48. vel piiyEDioRUM, Plin.Ep4, 
X. 44, 45. and their agents procuratores insularum. For 
want of room in the city, they were commonly raised to a 
great height by stories, {contignationibus v. tabulatis^) which 
were occupied by ditFcrent families, and at a great rent, JtwC'^ 
nal. nu 166. Tlie upper stories cr garrets were called canacu*^ 
la. He who x^nitAimercede conducebat) an insula^ or any part 
of it, was called incjuilinus* Hence Catiline contemptuously 
calls Cicero, Inqmlmus civis urbis Hornby Sallust. Cat. 3U 

There was also,— 3. Servztus STILLICIDII ET FLU- 
MINIS, whereby one was obliged to let the water, which 
fell from his house, into the garden or area of his neighbour ; 
or to receive the water which fcU from his jieighbour's 
house into his area.— 4. Servitus CLOACAE, the right of 
conveying a private common sewer tliroughrthe property of 
a neighbour, into the Cloaca maxima built by Tarquin. — 5, 
Servitus NON ALTIUS TOLLENDI, whereby one was 
l>ound not to raise his house above a certain height ; so as 
not to obstruct tlie prospect and light of his neighbour^ 

K 



5^ ttOMAN ANTIQUITIES. 

The heiglit of houses was limited by law, under Au^ustus^* 
to 70 feet, StraL v. p .162. Suet. Aug. 89, Tacit. Ann. xv. 
43. — ThtTe was also a servitude, that one should not make 
new windows in his wall ; Lumina uti nunc sunt, it a 
SI NT, Cic. de Orat. i. 39. 

These servitudes of city properties, softie annex to res 
mancipi, and some to res nee mancipu 

MODES of acquiring PROPERTY. 

The transferring of the property of the res mantipu 
(AB ALIEN ATIO, vel translatio dominu^ v. proprietatisj) 
was made by a certain act, called MANCIPATIO, or 
MANCIPIUM, (Cic. Off. iii. 16. de Orat. i. 39.) in which 
the same formalities were observed as in emancipating a 
son, only that it was done but once. This Cicero c^SXstraditio 
' dteri nexu^ Topic. 5. s. 28. thus Dare manctpio^ i. e. ex 
forma vel lege mancipiiy to convey the property of a thing 
in that manner ; accipere, to receive it. Phut. Cure. iv. 2* 
8* Trin. ii. 4. 19. Jurat, — sefore mancipii fempus in omne 
• tui, devoted to you, Quid. Pont. iv. 5. 39. Sui mancipii esse^ 
to be one's own master, to be subject to the dominion of 
no one, Cic. ad Brut. 16. So mancipare agrwri alicuiy to sell 
an estate to any <Mie, Plin. JEp. vii. 18. emancipare fundoSf 
to divest one's sdf of the property, and convey it to another^ 
Id. X. 3. 

Cicero commonly uses mancipium and nexum at -ust as 
of the same import ; pro Muren. 2. pro Place. 32. Cacin. 
16. But sometimes he distinguishes them ; as, de Harusp* 
7- where mancipium implies complete property, and nexus 
only the right of obligation, as when one receives any thing 
by way of a pledge. Thus a creditor had his insolvent 
debtor ^«re nexi, but not jure mancipii, as he possessed his 
slave. 

There were various other modes of acquiring legal pro- 
perty 5 as, 1. JURp CESSIO, or CESSIO IN JURE, Cie. 
Top. 5. when £y>erson gave up his effects to any one before 
the praetor or president of a province, who adjudged them 
to the person who claimed them, {vtndicanii addieebai) ; 
which chiedy took place in the case of debtors, who, when 
tliey were insolvent, gave up their goods {bona cedebant) to 
their creators. 



Rights q/* Roman Citizeks* 59 

2. USUCAPTIO vel USUCAPIO, Cic. dtcm. 26. 
T^gg. 1. 21. and also ums aucioritas, when one obtained the 
property dfa thing, by possessing it for a certain time with- 
out interruption, according to the law of the twelve tables ; 
for two years, if it was a farm or immoveable, and for one 
year if the thing was moveable: Ut usus AUCTORiTAs,i.e. 
Jnsilommii, guod usuparatuffF vudi *bi£nnium, calte^ 

RARtJM RERUM ANNUS USUS ESSET, PUn. Ep. V. 1. But 

this took place only among citizens. For Ad versus hos- 
^£M, i- e. peregrinum^ jeterna auctoritas erat; 
sc. alicujusreiy Cic. Off. i. 12. i. e. res semper vindicari po^ 
terataperegrino^ et nunquam usu capi. Hence Cicero says, 
.AfiAti mortales a^diis usucapere possunt. IF there was any 
interruption in the possession, it was called USURP ATIO, 
which, in country farms, seems to have been made by 
breaking off the shoot of a tree, isurculo defringendoy) Cic. 
de Oat. liL 28. But afterwards a longer time was necessary 
to constitute prescription, especially in the provinces, name* 
ly ten years among those who were present, and twenty 
years among those who were absent. Sometimes a length 
of time was required beyond remembrance. This new me- 
thod of acquiring property by possession, was called LON- 
GAPOSSESSIONECAPIO,or LONG^ POSSES- 
SIONIS PRiEROGATIVA, vel PRiESCRlPl lO. 

3. EMPTIO SUB CORONA, i. e. purchasing captives 
in war, who were sold with chaplets on their heads, See p, 
38. 

4. AUCTIO, whereby things were exposed to public 
sale, Uiastay v. voci praconis subjiciebantur,) when a spear 
bemg set up, apd a public crier calling out the price, (pnv- 
cone pretium proclamante.) the magistrate who was present 
adjudged them iaddicebat) to the highest bidder, Cic. PhiL 
ii. 26. The person who bade', held up his finger, {digitum 
toUebaO Cic. Verr. i. 54. digito licUus est, iii. 11. 

The custom of setting up a spear at an auction seems to 
have been derived from this, that at first only those things 
which were taken in war were sold in that manner. Hence 
Aasta is put for a public sale ; and sub hasta venirey to be 
publicly sold. 

The day, sometimes the hour, and the terms of the auc^ 
tioq, Qsc4 to be advertised, either by a common crii^ir (^/r^^ 



60 , ROMAN ANTIQUITIES, 

cone^pradicaru y. exmclamari^) Plaut. Men. v* 9. 94, or in 
writing, tabula proscribi) Cic. £p. ad Fratr. ii, 6. Proscribe^ 
batur^ sc, domus seu quis etn^e, scu conducere vellet, Plin. 
Ep. vii. 27. jEdes v^r^es inscribit Uteris^ Plaut. Trin. i. 2. 
131. Hence tabula b put for the auction itself, iL — Tqbulum 
pros^ibere^ for aueticn^m constituere ; pra^cribere domum 
y./trnduTfij to advertise for sale, Cic. An4 those whose goods 
were thus advertised, were s^yApendere^ Suet Claud- &• and 
also the goods, bona suspensa; because the advertisement 
(libellus V. tabeUa) was affixed to a pillar^ ipila v, columnn)^ 
in some public place, Senec. de Benef. iv. 12. So tabuias 
auctionarias proferre y. tabulamj topublishj Cic. Cat. iit 8. 
FhiL ii. 29. ad tabulam adesse, to be present at tlie sale, pra 
Quinct. 6. Thus also sub titulum nostros misit avara laresy 
i. e. domum, forced me to expose my house to sale^ Ovid. 
Itemed. Amor. 302. 

It behoved the auction to be made in public, Cic. iL isf 
contra Rtdl. i. 3. and there were courts in the Forum where 
auctions were held,(ATRIA AUCTION ARIA,) to which 
Juvenal is thought to allude, Sat. vii. 1, A money-broker 
Xargentanus) was also present, who marked down what was 
bidden, and to whom the purchaser either paid down the 
price, or gave security for it, Cicp pro- C^ecin. 6. QuinctiL xi. 
2. The sale was sometimes deferred, {auctioproferebatur^) 
Cic. ad Atticum, xiii. 12. 

The seller was called AUCTOR, and was said vendere 
auctionem^ Cic. pro Quint. 5. in the same manner as a gene- 
ral, when he sold the whole plunder of a city, was said ven- 
dere sectionemy Caes. de B^. Gall. ii. 33. The right of pro- 
perty convejfcd to the purchaser was called AUCTQRI- 
TAS ; and if that right was not complete, he was said o ma- 
lo auctoi-e emere^ to buy from a person who had not a right 
to sell, Cic. in Ferr. v. 22. Plaut. Cure. iv. 2, 12, 

5. ADJUDICATIO, which properly took pjacconly in 
three cases ; infamilia herciscunda^ vel ercto ciundo^ L e. ha* 
reditate dividenda^ in dividing an inheritance among co-heirs, 
Cic.Orat.i. 58. Cacim 3, in communidividendGf in diving 
jl joint stQpk amcMig partners, Cic. £p. vii. 12. injnibus re*. 
gundiSi in settling boundaries among neighbours, Cic.Legg. 
h ^\f when the judge determined tuiy thing to any of the 



Rights q/^RoMAN Citizens, 61 

heirs, partners, or neighbours, of which they got immediate 
property ; but arbiters were commonly appointed in settling 
bounds, Cic. Top. 10. Sometimes, however, things were 
said to be adjudged (adjudicari) to a ptrson, which he ob- 
tained by the sentence of a judge from any cause whatever, 
6. DONATIO. Donations which were made for some 
cause, were called MUNER A ; as from a client or freed- 
man to his patron, on occasion of a birth or marriage. Term 
Phofrm. i. 1. 13. Those things which were given without 
any obligation, were called DONA ; but these words are 
often confounded. ♦ 

At first presents were but rarely given among the Romans ; 
but afterwards, upon the increase of luxury, they became 
very frequent and costly. Clients and freedmen sent pre- 
sents to their patrons, Pltn. Ep. v. 14. slaves to their mas« 
ters ; citizens to the emperors and magistrates ; friends and 
relations to one another, and that on various occasions ; par- 
ticularly on the Kalends of January, called STREN^E ; at 
the feasts of Saturn, and at public entertainments, APO- 
PHORETA; toguests,XENIA ; on birth-days, at mar- 
riages, &ۥ Plin. 6? Martial, passim. 

Those things which were acquired by any of the above- 
mentioned methods, or by inheritance, by adoption, (arro^ 
gaiimey) or by law, as a legacy^ &c- were said to be IN DO- 
MINIO QUIRITARIO, i. e. 'justo et legitimo: Other 
things were said to be IN BONIS : and the proprietors of 
them were called BONITARII, whose right was not so 
good as that of the DOMINI QUIRITARII, qui optimo 
jure passidere dicebaniur^ who were secure against law-suits* 
But Justinian abolished these distinctions. 

When a person had the use and enjoyment of a thinp, but 
not the power or property of alienating, it was called USUS 
FRUCTUS, either in one word ; thus, UsumfHictum om^ 
nium bmorum suorum Casenniie legate utfruereturunacum 
JiliOy Cic. Caecin. 4. 'Or in two; as, Usus enim ejus etfructus 
fundi tesiamento viri f tier at Casenma^ lb. 7* and the i)er- 
son FRUCTUARIUS, or USUFRUCTUARIUS. 

6. The RIGHT o/ TESTAMENT and INHERL 

TANCE. 

NoNB but Roman citizens (suijurU) could make a will, 



53 ROMAN ANTIQUITIES. 

or be witnesses to a testament, or inherit any thins by testa* 
ment. 

Anciently testaments used to be made at the Comttia 
Curiatay which were in that case properly called Cahta, 
GelK XV- 27. 

The testament of a soldier just about to engage, was said to 
be made IN PROCINCTU, when in Ae camp, while he was 
girding himself, or preparing for battle, in presence of his 
fellow-soldiers, without writing, he named his htfir, {nuncu- 
pavit^) Cic. de NaL D. \u3\ de Orat. i. 53. So mprocinctu 
tarmina facta ^ written by Ovid at Womis where he was in 
continual danger of an attact from the Getse, PonU i. 8. 10. 
. But the usual method of making a will, after the lawsofthe 
twelve tables were enacted, was PER iES ET LIBRAM, 
or perfamilia emptianemy as it was called ; wherein before 
five witnesses, a Rbripens and an antestatus^ the testator, by 
an imaginary sale, disposed of his family and fortunes to one 
who was called FAMILIiE EMPTOR, who was not the 
heir, as some have thought, Suet Ner. 4, but only admitted 
for the sake of form, (rfiw causal that the testator might seem 
tohavealienatedhiseffectsin hislife-time. Thisact wascalled 
FAMILIiE MANCIPATIO ; which being finished in due 
jform, the testator, holding the testament in his hand, said, 

HiEC,UTIlN£IS TABULI$ CERISVB SCRIPTA SUNT, ITA 
DO,lTALEC0,ltA TESTOR, ITACyTE VOS,QuiRlTES, TES- 

TiHONiUK PRi£BiT0T£. Upou which, as was usual in like 
cases, he gendy touched the tip of the ears of the witnesses ; 
{auricula facta antestaluftur, quod in ima aure m^moria locus 
erat, Plin. xi. 45.) this act was called NUNCUPATIQ 
TESTAMENTI, Flin. Ep. viii. 18. Hence mmcup^e 
haredem^ for nominare^ scriberc^ txfacerc^ Suet. & Plin. pas- 
sim. But sometimes this wc^d signifies to name one's heir 
viva VOCC9 without writing ; as Horace just before his death 
is said to have named Augustus : For the above-mentioned 
formalities were not always observed, especially in later 
times. It was reckoned sufiicient if one subscribed his will, 
or even named his heir viva voce, before seven witnesses. 
Something similar to this seems to have prevailed anciendy, 
Cic. Ferr. i. 45, whence an edict about that matter is called 
by Ciceroi Vetus et Translaticium, as beii^ Usu^li 



Rights ^ Roman CitizEiJ's. ffi 

Sdmetimes the testator wrote his will wholly with his own 
hand, in which case it wasc?iiGdholographum. Sometimes it 
was written by a friend or by others, Plin. Epist, vi. 26. 
Thus the testament of Augustus was partly written by him- 
self, and partly by two of his freedmen, Suet. Aug. 102. 
Lawyers were usually employed in writing or drawing up 
wills, Cic. de Orat. ii. 6. Sutt. JVer. 32. But it was ord^dned 
under Claudius, or Nero, that the writer of another's testa- 
ment (called by lawyers testamentarius)y should not mark 
down any legacy for himself, Suet. Aer. 17. When a tes- 
tanrient was written by another, the testator wrote below, 
that he had dictated atid read it over^ (se id dict assb et 
KEcocirovissE.) Testaments were usually written on ta- 
bles covered over with wax, because in them a person could 
most easily erase what he wished to alter, QuinetiUan. x. 3* 
Sli Hence CcRiE is put for tabula cerata or tabuUe testa^ 
mentis Juvenal, i. 63. Prima ceba^ fox prima pars tabuiit^ 
the first part of the will, Horat. Sat. ii. 5. 53. and cera 
EXTREMA, otima, for the last part, Cic. Vtrr. i. 36. Suet. 
Juvenal. 83. But testaments were called TABULiC, although 
written on paper or parchment, Ulpian. 

Testaments were always subscribed by the testator, and 
usually by the witnesses, and sealed with their seals or rings, 
(sigrris eorum obsignabantur^) Cic. pro Cluent. 13, & 14. and 
also with the seals of others, Cic. Att. vii. 2. Suet. Tib. c. 
ult. Plin. Ep. ix. 1. They were likewise tied avith a thread. 
Hence nee mea aubjecta convicta est gemma tabella menda- 
cent linis impomisse notam^ Nor is my ring, i. e. nor am I 
convicted of having affixed a false mark, or seal, to the thread 
on a forged deed or will, Ovid. Pont. ii. 9. 69. It was or- 
dained that the thread should be thrice drawn through holes, 
and sealed. Suet. Net. \1. 

The testator might unseal {resignare)h\s will, if he wish- 
ed to alter or revise it, {mutare\t\ recognoscere.) Sometimes 
he cancelled it altogcAer ; sometimes he only erased (m{&- 
cebat V. delebaf) one or two names. 

Testaments, like all other civil deeds, were always writ- 
ten ift Latin. A legacy expressed in Greek was not valid, 
Iflpian. Fragm. xxv. 9. 

There used to be several copies of the same testament. 
Thus, Tiberius made two copies of his will, the one writ- 



64 ROMAN ANTIQUITIES- 

ten by himself, and the other by one of his freedine6» Suet* 
Tih.€.ult. 

Testaments were deposited, cither privately in the h^ids 
of a friend, or in a temple with the keeper of it, {apud JEaK- 
tuum.) Thus Julius Caesar is said to have entrust^ his 
testament to the eldest of the Vestal Virgins, SueU Jul 83. 

In the first part of a will, the heir or heirs were written 
ihus: TiTiusMiHiH^RKSESTO ji/v. m^/ ordius,TiTi- 
vu HAR£0£M ESSE jUBEO, vd voh ; bIsOj futredem^fiicio, 
icribo^ instituto. If there were several heir^, their deferent 
portions were marked. If a person had no children of his 
own, he assumed otbersT not only to inherit his fortune, but 
also to bear his name, (nomen suumferr^,) as Julius Caesar 
did Augustus, (in famHiam nomenqw adoptmnt^ adscwit* 
Suet. Assumpsit^ Plin.) 

If the heir or heirs who were first appointed {wstituti) did 
not chuse to accept, {h^treditatem adire^y. cemere noUentO 
or died under the age of puberty, others were substituted in 
their room, called HiEREDES SECUNDI ; secundo loco 
v. gradu scripti v. substituti^ Cic« pro Cluent. 11. Horat* 
Sat. ii. 5. 45. Suet* Jul. 83. 

A corpOTate city irespublicn) could neither inherit an es- 
tate, nor receive a legacy, P/in. Ep. v. 7. but thb was after- 
wards changed. 

A man might disinherit {exliaredare) his own children, 
one or all of t];ieio, and appoint what other persons he pleas- 
ed to be his heirs ; thusTlTIUS JPILIUS MEUS EXHERES 
ESTo, Plin. Ep. v. 1. Hence JtweruU. Sat. 10. Codkesavo 
haredes vetat esse suos. Sometimes the cause (ELOGL 
UM, i. e. causa exharechtionisy) was added, Cic. pro Clu* 
ent» 48. Quinctiiian. vii. 4. 40. decL 2. A testament of this 
kind was called INOFFICIOSUM ; and when the children 
raised an action for rescinding it, it was said to be done per 
querelam iNomciosi. 

Sometimes a man lefthb fortune intrust ifidei committe* 
bat) to a friend on certain conditions, particularly that he 
should give it up {ut restitueret v. redderet) to some person 
or persons. ^\^fiatevcr was left in this manner, whether the 
whole estate, or any one thing, as, afarm^ &c. was callal 
FIDEK:0MMISSUM. a trust ; and a person to whom it 



Rights of Rohan Citizsks. 6£ 

isras Aus left, was caUed HiERES FIDUCI ARIUS, who 
m^t either be a citizen or a foreigner, I. 8, }. 4. D. de ac^ 
ccptU. 

A testament of this kind was expressed in the form of re- 
quest or intreaty, (vtfrAw prtfra^iW ;) thus, Rogo, peto, 

VOLO, UAVDO^ FIOEI TVJ£. COMMlTtO, TcT. And. ii. 5. 

and not by way of command, {verbis imperativis) as alltes- 
taments were, and might be ^vritu n in ajiy langu igc. 

In the last part of t!ie will, (m tabulis secundis,) .utors were 
appointed for one^s children, and legacies ^le^ata) left to le- 
gatees, {legatariis,) all in direct and commanding words ; 
thus, TuTOK ESTO, v^/tutores sunto : tutor4m,v. 
— ES DO, Cic. £p. xiii. 61. PHn. Ep. ii. 1. And to their 
larotection the testator recommended his children, Ovid^ 
Trist. m. £leg. U. 

Legacies were left in four different ways, which lawyers 
have distinguished by the following names, — 1. Pfr VIN* 
DICATlONEM; thus. Do, lego; also, Capito, sir- 
MiTo, V. HABETo, to which Virgil dUudes, J5/1. V. 533. 
This form was so called from the mode of claiming proper- 
ty, Cic. pro Muran. 12.-2. Per DAMNATIONEM : 
thus HjEres HE17S damkas esto bare, &c. Letmtf 
harbeboimdy &c* Quinctil. vii. 9. and so in the plural dam- 
NAS suNTo. By this form the testator was said, damnare 
haredem^ to bind his heir. Hence damnare aliquetn vofii^ 
yirg. JEnm v. 80. Civitas damnaia voti^ bound to perf )rmi 
Ziv* V. 25. But it was otherwise expressed, thus, H^er Es 

METTS BATO, FACITO ; Hi£REBEM MEUM DAREJUBEO 

—3. SINENDI modo : thus, HiERES meus sinito, vet 

BAMRAS ESTO SINERE LUCIUM TiTlUM SUMERE It* 

LAM REM, V. siBi HABERE, — 4. Per PRiECEPTIO- 
NEM; thusL.Titius illamrem pr^eci^ito, k medio, 

Velz MEBIA HiERiDiTATE SUMITO, SIBiq^UE HABETO, 

Vei Pntcipiat^ &c. when any thing was left to any person^ 
which he was to get before the inheritance was divided, or 
when any thing particular was left to any one of the coheirs 
beside his own share, to which Virgil alludes, jEn. ix. 271 • 
Hence PRiEcipSRE, to receive in preference to others ; and 
pRiECEPTio, a certain legacy to be paid out of the first part 
of the fortune of the deceased, jP/m. £p. v. 7. as certain 

L 



66 HOMAN ANTIQUITIES* 

creditors had a privflege to be preferred to others (phoipo^ 
PRAXIA, i. e. privUegium quo ceteris credU&rHmsprapO'*' 
naniur,) Id. x. 109^ 110. 

When additions were made to a ifrffl, they were called 
CODIClLLL They were expressed in the form of a letter 
addressed to the heirs, sometimes also to trustees, {adfidev- 
commissafios*) It behoved them however to be confirmed 
by the testament, Plm. Ep. ii. 16. 

After the death/)f the testator, his will was opened, Hcrat^ 
Mp. i. 7. in presence of the witnesses who had sealed it, (w- 
ram sigfmtoribus,) or a majority of them. Suet. Tib. 23. And 
if they were absent or dead, a copy of the wiU was taken in 
presence of other respectable persons, and the authentic tes- 
tament was laid tip in the public archives, that if the copy 
were lost, another might be taken from it, {esset undt peH 
posset.) Horace ridicules a miser, who ordered his heirs to 
inscribe on his tomb the sum he left, Sat. iu 3. 84. 

It was esteemed honourable to be nam6d in the testament 
of a friend or relation, and considered as a mark of disre- 
spect to be parsed over, Cic. pro Domo^ l£> & 32. pro SexC 
52. Phil. ii. 16. Suet. Aug. 66- 

It was usually required by flie testament, that the heir 
should enter upon the inheritance within a certain time, in 
50 or 100 days at most, Cie. adAtt. xiii. 46. de Orat. i. 23; 
Ptin. Ep. X. 79. This act was called H^REDITATIS 
CRETIO, {tueres cum constituet se haredem esse divitur 
G £ R N £ R £, Fa/r. L. L. vL 5.) and wasperfcMined before wit- 
nesses in these words : Gum m£ Mueviits hared£Ji iir- 

STittTERET, EAM H^REDITATEM C£RK0 AHEOqUS. 

After saying which, (j£ctis cretimis verbis^) the heir was 
said Hi£R£DiTAT£]idt ADissE. But whcu this formality 
(Crbtioi^is solEmnitas) was not required, one became 
heir by acting as such, {profuerede sE cerevoo, vel CES^^ 
TioKE, although he might also, if he chose, observe the 90« 
lemn form. 

If the father or grandfather succeeded, they were cafled 
A/rrcflfc^ ASCENDENTES; if, as was natural; the chil- 
dien or grandchUdren, DESCENDENTES ; if brothers 
or sistere, COLLATERALES, 

If ^y one died without making a will,(mrr^li0ft»,) lus 
goods devcdved on his nearest relations ^ first to Im chil-r 



.RiGKTft ^RoXAtf ClTtSENS. 67 

drea ; US&xm tbral to hb nearest relatkxis by the father's 
aide, iagaoiis^} and feiling them to those of die same gens 
(gentililms.) At Nice, the community claimed the estate 
of every cttizeo who died intestate, Plin. x. 88. 

TheinheritaDce was commonly divided into twelve parts, 
ealkd unme. The whc^ was called AS. Hence h^res e(C 
asse^ heir to one's whole fortune ; hares ex semisse, ex trien- 
te^ dodranie^ &x. to the half, third, tliree fourths, &c. 

The UNCIA was also divided into parts; the half SE- 
MUNCIA, the third DUELLA, or bina sextula, die 
fourth SICILICUM, v. -w, the sixth SEXTULA, Cic. 
pn Gedn. 6. 

7. TAp RIGHT i/TUTELAGE or WARDSHIP. 

Airr father of a family might leave whom he pleased as 
goardlana (jtutores) to his children, Liv. i. 34. But if he died 
intestate, this charge devolved by law on the nearest relation 
by the father's* side. Hence it was called TUTEL A LE. 
GITIM A. This law is generally blamed, as in later times- 
it gave occasion to many frauds in prejudice of wards, ipu* 
piUi^) Horat Sat ii« 5. Juvenal. Sat. vi. 38. 

When thd?e was no guardian by testament, nor a legal 
Oioe, then a guardian was appointed to min(»^ and to' wo» 
men by the prsetor, and a majority of die tribunes of the 
pec^le by the Atilian law, made A. U. 443, But this law 
was afterwards changed. 

Among the ancient Romans, women could not transact 
any private business of importance, without the concur- 
rmce of their parents, husbands or guardians, Lrv> ^^xiv. 
2. Cie. Place. 34. Si 35. and a husband at his death might 
appoint a guardian to his wife, as to his daughter, or leave 
her the choice of her own guardians, Lvo. xxxix. 19. Wo- 
nen, however, $eem sometimes to have acted as guardians^ 
Xh;. xxxix. 9. 

If any guardian did not discharge his duty properly, or de* 
firauded his pupil, there was an action against him, {.judu 
cium tuteUj) Cic. pro Q^ Rose. 6. Orat i. 36. Casein* 3. 

Under the emperors guardians were obliged to give secu* 
rity (MUisdare for their proper conduct, (eek pupili.i 
7omE 8AI.V AM,) Digest. A signal instance of punishment 
iofiicted on a perfidious guardiaq is recorded) Suet. Gal6. 9« 



e« ^ ROMAN ANTIQUITIES. 

• 11. PUBLIC RIGHTS OF ROMAN CITIZENS, 

THESE were Jm CensuSf Mtlxtia^ Tributdrunij Suffhi" 
giiy Hanorum^ et Sacrcrunu 

I. JUS CENSUS. The right of being inroHed in the 
censor's books. This will be treated of in another place. 

IL JUS MILITli*:. The right of serving in the army. 
At first none but citizens were enlisted, and liot even those 
of the lowest class. But in after times this was altered ; and 
under the emperors, soldiers were taken^ not only from Italy 
and the provinces, but also at last from barbarous nations, 
JZosim. iv. 30, & 31, 

III. JUS TRIBUTORUM, TEiByxuM properly was 
money publicly imposed on the people, which was exacted 
from each individual through the tribes in proportion to 
the valuation of his estate, (pro partione census,) Money 
publicly exacted on any other account, or in^any other man- 
ner, was c^lcd VECTIGAL, Farro de Ling. Lat. if. 36. 
But these words are not always distinguished. 

There were three kinds of tribute ; one imposed equally 
on each person, {in capita^) which took place under the first 
kings, Dtonys. iv. 43. ; another according to the valuation of 
their estate; iex censUy) Liv. i. 43. iv. 60. Dionys. iv. 8. 19. 
and a third, which was extraordinary, and demanded only in 
cases of necessity, and therefore depending on no rule, (te- 
merariumy F^stus.) It was in many instances also volunta- 
ry. Liv. xxvi. 36. and an account of it was taken, that when 
the treasury Was again enriched, it might be repaidf as was 
done after the second Punic war, Id. 

After the expulsion of the kings, the poor were for some 
time freed from the burden of taxes, until the year 349, 
when the senate decreed, that pay should be given from' the 
treasury to the common people in the army, who had hith'. 
oto served at their own cxpence ; whereupon all were forc- 
ed to contribute annuaUy according to their fortune for the 
pay of the soldiers, Liv* iv* 59, and 60. 

Ill the year of the city 586, annual tributes were remitted, 
on account of the immense sums brought into the treasury 
by L. Paullus ^miliiis, after the defeat of Perseus, Cic. Of^ 
fie. ii. 22. and this immunity from taxes continued, according; 
io Plutarch, down to the consulship <tf Hirtius and Pansa. 



Rights 4/* Roman Citizeks. 69 

The other taxes (VJECTIGA^LIA) were of three kiadst 
Ptfrtorium^ Decwna, and Scripture. 

1. PORTORIUM was money paid at the pcnrt for goods 
imported and exported, the collectors of which ifrere called 
PORTITORES ; or for carrying goods over a bn^^ 
ivhere every carriage paid a certain sum to the exacteHMthe 
toU, Digest. Vid. des. B. 6. L 18- et III. 1. The Jjorforw 
were remitted A. U. 692, the year in which Pompey trium- 
phed over Mithridates, Dio. 37, 51. Cic. Att. ii. 16. but 
were afterwards imposed on foreign merchandize by Csesar, 
Sut^t. Jul 43. ' 

2. DECUMiE, Tithes, weie the tenth part of com, and' 
the fifth part of other fruits, which were exacted from those 
who tilled the public lands, either in Italy or without it. 
Those who fumed the tithes were called DECUMANI, 
and esteemed the most honourable of the publicans or far- 
mers general, as agriculture was esteemed the most honour- 
able Way of making a fortune among the Romans, Cic. Verr. 
ii. 13. iii. 8. The ground from which tithes were paid was 
also called DECUiM ANUS, Cxc. Verr. iii. 6. But these 
lands were all sold or distributed among the citizens at dif- 
ferent times, and the land of Capua the last, by Cassar, ^uet. 
Jtd. 20. Cic. Att. ii. 16. 

3. SCRIPTURA was the tax paid from public pastures 
and woods, so called, because tliose who wished to feed their 
cattle diere, subscribed their names before the farmer of 
them (coram peaiario vd scriptuario,) Varro de Re Rusti- 
ca, ii. 2. 16. and paid a certain sum for each beast ; Festus 
in ScsiPTi7ABius Agxr : as was likewise done in all the 
tittie^landsi On agris decumanis^) Cic. Verr. iii. 52. Piaut 
True. i. 2. 44. 

All those taxes were let publicly by the censprs at Rome, -^ 
Qocabantur mb hasta,) Cic. RuU. i. 3. Those who farmed 
them iredimebant v. conducebant,) were called PUBLIC A- 
NI or MANCiPES, Ck. pro Domo, 10. They also gave 
securities to the pec^le, (Prides,) and had partners who 
shared the profit and loss with them, (Socii.) 

There was long a tax upon salt. In the second year afto: 
the expulsion of Tarquin, it was ordained that salt should 
not be^sold by private per90D3» but should be fiimished at a 



70 ROMAN ANTIQUITI|;S- 

lower rate by the public, Lio. ii. 9. A new tax was impos*^ 
ed on salt in the second Punic wur, at the suggestion of the 
cen&ors Claudius Nero and Livius, diiefly the latter, who 
hence got the simame of Salimtor, Liv. xxix. 37. But this 
tai^ was also dropped, al^ugh it is uncertain at what time. 

There was another tax which continued longer, called VI- 
CESIMA, i, e. the twentieth part of the value of any slave 
who was freed, Cie. Ati. ii, 16. It was imposed by a law of 
the people assembled by tribes, and confirmed by the seiiate. 
What was singular, the law was passed in the camp, Uv. 
J vii. 16' The money raised from this tax (aurum vicesimari- 
tan) used to be kept for the last exigencies of the state, Lio. 
xxvii. 10. 

Various other taxes were invented by the Moperors ; as 
the hundredth part of things to be sold, fcentennw^ Tacit. 
i. 78.) the twenty -fifth of slaves, {vigesima quinta maneipu^ 
rumO and the twentieth of inheritances, (vigesima h^redUa- 
tum^) by Augustus, SueL Aug» 49. Duh Iv. 25. a tax on 
eatables, {pro eduUis,) by Caligula, Suet^ 40. and even on 
urine, by Vespasian, Swt. 23, &c. 

IV. JUS SUFFRAGII, the right of voting in the diffe- 
rent assemblies of the pe<q)le, 

V. JUS HONORUM, the right of bearingpuUic ofiocs 
in the state. These were either priesthoods or magistrates, 
Csacerdotia et magUtratusj) which at first were conferred only 
<xi Patricians, but afterwards were all, except a few, shared 
with the Plebebns. 

VI. JUS SACRORUM. Sacred rites were either pub- 
lie or private. The public were those perfcNmed at the pub- 
lic expence ; the private were thosa which every wie pri- 
vately observed at home. The Festal Virgins preserved 

•' the public hearth of the city ; the curion»9 with thdar o^m- 
les kept the headths of the diirty curiae ; the priests of eadi 
village kept the fires of each village, (JPagarum). And be- 
cause upon the publie establishment of Christianity in the 
empire, when by the decrees of Constantine and liis sons* 
the profane worship of the gods was prohibited in cities, and 
their temples shut, those who were attached to the cdd super* 
Btition fled to the country, and secretly performed their for- 
mer sacred rites intiieviilasesi henoe PAGANS caioe to 



be uacsd for Heathens, (Hukh, Crm^^^,)orforthose whower^ 
not Christians ; as anciently among the RoTuans those were 
called PAGANI who were not soldiers, JuoenoL xvi. 32. 
Suet. 6alb. 19, PB. Ep. vii. 25. Thus, Pagani et il/on- 
/am, are called PUbes Urbana by Cicero, because they were 
ranked among the city tribes, although they lived in the 
Tillages and mountains, pro Domo^ 28. 

Cacb gens had certain sacred rites peculiar to itsdf, {gen* 
tilitiaj Lir. v, 52.) which they did not intermit even in the 
heat of a war, Liv. v. 46* Every father of a family had his 
own hoBsdiold gods, whom he worshipp^ privately at 
home. 

Those who came from the free towns, and setded at 
Rome, retained their municipal sacred rites ; and the co- 
lonies retained the sacred rites of the Roman peoj^e. 

No new or foreign gods could be adopted by die Ro- 
Ificans, uidess by public authority. Thus i£sculapius was 
publicly sent for from Epidaurus, and Cybele from Phry- 
gia, Uu. xxLs. 11. Sc 12. Hence if any one had introduced 
foreign rites of himself, they were publicly condemned by 
the senate, Lio. iv. SO. xxv. 1. xxxix. 16. But under the 
emtjer or s all die superstition of foreign nations flocked to 
Rome; as die sacred rites oflsis, ^erapis, and Anubis 
from Egypt, Sec. 

These were the private and public rights of Roman citi- 
zens. It was a maxim among the Romans, that no one 
Goald be a cidzen of Rome, who suffered himself to be 
made a citizen of any other city, Cic. pro Cseetn. 36. Nepos 
in vita Attici, 3. which was not the case in Greece, Cic. pro 
Arch* 5. And no one could lose the freedom of the city a- 
gaxnst his wiH, Cic pro Dom* 29. fie 30. pro C^cin. 33. If 
the rights of a citizen were taken from any one, either by 
way of punishment, or fcx* any other cause, some fiction 
dways took place. Thus when citizens were banished, they 
did not expel diem by force, but their goods were confiscat- 
ed, and themselves were forbidden the use of fire and water, 
(m igne et aqua mterdictum est\ which obliged them to re- 
psur to some foreign place. Augustus added to this form of 
baniafamenr what was caUed DEPORTATIO, whereby 
tba condemned being deprived of their rights and fortunes, 



y» ROMAN ANTIQUITIES. 

were conveyed to a certain place^ without leaving it to libGxt 
own choice to go where they pleased* 

When any one was sent away to any place without being 
deprived of his rights and fortunes, it was*called RELEGA- 
TIO. Thus Ovid, Trist ii. 137. v. 11. 21. 

Sq captives in war did not properly lose the rights of ci- 
tizens. Those rights were only suspended, and might be 
recovered, as it was called, jf/r^ postlimmiii by the right of 
restoration (» return, Cic. Top. 8. de OraL i. 40. 

In like manner, if any foreigner, who had acquired the 
freedom of Rome, returned to his native city, and again be- 
came a citizen of it, he ceased to be a Roman citizen. 
Cic. proBalb. 12. This was called p(7^^/i;?2tmttm, with re- 
gard to his own country, and rejeeiio cwHaHs with regard 
to Rome. 

Any loss of liberty, or of the rights of citizens, was call- 
ed DIMINUTIO CAPITIS, Cic. pro Ml. 36. jus liherta^ 
lis ifnminutum^ Sallust. Cat. 37. Hence Capitis minor sc. 
ratione vel respeciu^ or capite diminutus^ lessened in his 
state, or degraded from the rank of a citizen, Horat. Od. iii. 
5. 42. The loss of liberty, which included the loss of the 
city, and of one's family, was called diminutio capitis mqpci^ 
ma; banishment, diminutio media ; any change of fanulyt 
minima^ Digest, ii. de* capite minutis. 
JUS LATIL 

THE JUS LATH or LATINITAS, $uet. Aug. 47. 
Cic. Att.%i\. 12. was next to X\\tjus civitatis. 

Latium anciently iLatium Vetus) was bounded by the 
rivers Tiber, Anio, Ufens, and the Tuscan sea. It contain- 
ed the Albans, Ratuli, and JEqui. It was afterwards ex. 
tended {Latium Novum)to the river Liris, and comprehend- 
ed the Osci, Ausones, and Volsci, Plin. iii. 9. The inhabi- 
tants of Latium were called Latini Socii. nomen La- 
TiNUM, £T SOCII Latini nominis, &c. SocH et IxUinum 
nomen^ mean the Italians and Latins. 

The JUS LATIt was inferior to the/tt^ civitatis^ mA 
superior to the Jus Italicum. But the precise difference is 
not ascertained. 

The Latins used their own laws, and were not sulgect to 
the edicts of the Roman prcetor. They were permitted to 



JUSLATIL fS 

^dofit some of ttie Roman laws, if they chose it, and then 
they were called POPULI FUNDI, Cic. prQ Balk' 8, If 
any state did not chuse it, it was said ei le c i, v.deea lege 
FUNDUS FIERI NOLLE, i* e# GUctoTj subscriptoT esse^ V. earn 
probare ei redpere^ lb* 

The Latins were not inroUed at Rome, but in their own 
cities, lAv. xli. 9. They might be called to Rome to give 
their votes about any t^ing, Liv. xxv. 3. But then they 
were not included in a certain tribe, and used to cast lots to 
know in what tribe they should vote, ibtd. and when the 
consuls chose, they ordered them by a decree of the senate 
to leave tfie city, Cic. Brut.^ 26; which however rarely 
happened, Cic. pro SextiOy 15. 

Such Latins ds had borne a civil office in their own state, 
became citizens of Rome, Appiofi. de Bell. Cio. ii. p. 443. 
but could not enjoy^ honours before the lex Julia was rnade^ 
JLtv- viii. 4. xxiii. 22. by which law the right of voting and 
of enjoying honours was granted to those who had continued 
faithful to Rome in the Social war, A. U. 663 ; which the 
Latins hnd done. The distinction, however, between the 
jus Lain and the jus civitatisy and the same mode of acquir- 
ing the full right of citizenship, (p^ Latium in civitatem ve- 
niencH,) was still retained, Flin. Paneg. 37. & 39. Strab. ?v. 
p. 186; f. 

The Latins at first were not allowed the use of arms for 
their own defence, without the order of the people, Liv. ii. 
30. iii. 19. but afterwards they served as allies in the Ro- 
man army, and indeed constituted the principal ptfft of its 
strength. They sometimes furnished two thifds of the 
cavalry, and also of the infantry, Liv. ui. 22- xxi. 17. et 
alibi passim. Biit they were not embodied in the legions, 
and were treated with more severity than Roihan citizens, 
being piinished with stripes, from which citizens were ex- 
(mipted by the Portian law, Sallust. Jug. 69. 

The Latins had certain sacred rites in common with Ro- 
man citizens ; as the sacred rites of Diana at Rome, (institu* 
ted by Servius Tullius, Liv. i. 45. in imitation of the 
Amphictyones at Delphi, and of the Grecian statf s in Asia 
m thetemple of Diana at Ephesus, Dionys. iv. 26.) and the 
Latin hbly days kfpt with great solemnity on the Alban 



74 ROMAN ANTIQUITIES. 

mountain ; first for one day, the 27th April, and aft<TWffids 
for several days. The Romans always presided at the sa- 
crifices,/^, xxi. c. tilt* XX. 1. Dionys. iv. 49. Besides these, 
the Latins l\ad certain sacred rites, and deities peculiar to 
themselves, which they worshipped ; as Feronia at Terra- 
cina, Jupiter at Lanuvium, 4jiv. xxxii. 9. 

They had also solemn ' assemblies in the grove of Fcrcn- 
tina, Iav. i. 50. which appear in aqcient times to have beea 
employed for political a^ well as rel^ious purpose^s. From 
this convention all those wert excluded who did not en^ 
joy tbt jus Latiu 

JUS ITALICUM- 

ALL the country between the Tuscan and Adriatic seas, 
to the rivers Rubicon and Macra, except Lationi, was 
called h^y. The states of Italy being subdued by the Ro- 
mans in different wars, were received into alliance on diflEe. 
rent conditions. In many respects they werein^the same state 
with the Latins. They enjoyed their own laws and magis- 
trates, and were not subject to the Roman Pra^tc^I They 
were taxed icenst) in their own cities, and furnished a certain 
immber of soldiers according to treaty. But they had no ac- 
cess to the freedom of ifcme, and no participation *of sa- 
cred rites* 

After the second Punic war, several of the Italian states, 
for having revolted to Hannibal, were reduced to a hv der 
condition by the Dictator Sulpicius Galba, A. U. 550; es- 
pecially the Bruttii^ Picentini^ and Lucani^ who were no long* 
er treated as allies, and did not furnish soldiers biit public 
slaves, A. Gell* x. 3. Capua, which a little before had been 
taken, lost its public buildings and territory, Lm. xxvL 16* 
But after a long and violent struggle in the Social, or Marsic 
war, all the Italians obtained the right of voting and of en- 
joying honours by the Julian, and other laws. Sylla abridg- 
ed these privileges to those who had favoured the opposite 
party : but this was. of sliort continuance,. Cic. pro Domo^ 
30. Augustus made various changes. He ordered the votes 
of the Italians to be taken at home, and sent to Rome at the 
day of the comitia. Suet. Aug. 46« He also granted them an 
exemption from furnishing aoUiers^ Herodian. \u 11. 



Provinces. 75 

ThedistiiK^n k^ the jus Latii and Italicumj however, 
still cor^uied. And these rights were granted to various ci- 
ties and stales out of Italy, Plin. iii* 3. 4* In consequence 
of which, farms in those places were said to be IN SOLO, 
ITALICO, as well as those in Italy, and were called PR^B. 
BI A CENSUI CENSENDO, {qwdin censum referri po- 
terant^ utpote res mancipu ^u^ venire emique poterant jure 
skriUO Cic pro Flacc 32. and said to be in corppre census^ 
i e. to constitute part of that estate, according to the valua- 
tion of which in the censor'?* books every one paid taxes, 
JuoenaL zvL 53. Dio. 38. 1. 

PROVINCES. 

THOSE countries were called Provinces, which the Ro- 
man people having conquered by arms, or reduced any 
other way under their power, subjected to be governed by 
magistrates sent from Rome, (quodeas provicit, i. e, ante vU 
tit J Festus.) The Senate having received letters concerning 
the reduction of any country, consulted what laws they 
thousht«proper should be prescribed to the conquered, and 
sent commonly ten ambassadors, with whose concurrence 
the general, who had gained the conquest, might settle 
every, thing, Lrv* xlv. 17, & 18. 

Th^e laws were called the FORM or formula of the pro- 
vmce. Whatever the general, with the advice of the ten 
ambassadors, determined, used to be pronounced publicly 
by Um before an assembly, after silence was made by a he- 
rald, Uv. xlv. 29, Cic. in Ferr. ii. IS. Hence, Informulam 
sodorum referri^ to be enrolled among, Liv. xliv. 16. £/r- 
bem formula sui juris facere^ to hold in dependence or sub- 
jection, xxxviii. 9. In antiqui for mulam juris restitute to be 
brought into their former state of dependence on, &c. xxxii. 
33. Soxxiv. 26. 

The first country which the Romans reduced into the 
form of a province, was Sicily, Cic. Fer'r. ii. 1. 

The ccMidition of all the provinces was not the same, nor 
of all the cities in the same province, but different according 
to their merits ^towards the Roman people ; as they had ei- 
ther spontaneously surrendered, or made a long and obstU 
Bate resistance. Some were allowed the use of their own 



/' 



76 ROMAN ANTIQUITIES. 

laws, and to chuse their own magistrates ; others were noft* 
Some also were deprived of part of their territory* 

Into each province was sent a Romah governor, (PRA- 
SES,) Ovid* Font. iv. 7. 3. to command the troops in it, and 
to administer justice ; together with the qusestor, to take care 
of the public money and taxes, and tokeepanaccountof what, 
was received and expended in the province. The provinces 
were grievously oppressed with taxes. THe Romans impos- 
.cd on the vanquished, either an annoal tribute, which was 
called CENSUS CAPITIS, or deprived them of part of 
their lands ; and either sent planters thither from the city, or 
restored them to the vanqubhed, on condition that they 
should give a certain part of the produce to the republic^ 
which was called CENSUS SOLI, Cic. in Verr. iii. 6. v, S* 
The former, i. e. those who paid their tastes in money, were 
caUcd STIPENDIARII, or Tributarii, as Oallia comaia. 
Suet Jul. IS. The latter, VECTIQALES; who are 
thought to have been in a better condition than the former. 
But these words are sometimes confounded. 

The sum which the Homans annually received from the 
stipendiary states was always the same ; but the revenues of 
the vectigales depended on the uncertain produce of the 
^tithes, of the taxes on the public pastures, (scrip turaO and on 
goods imported and exported* iporiorium.) Sometimes, in- 
stead of the tenth part, if the province was less fertile, the 
twentieth only was exacted, as from the Spaniards, Liv. 
xliii. 2. Sometimes in cases of necessity an additional tenth 
part was exacted above what was due ; but then money was 
paid for it to the husbandmen, Cic. Vert* iii. 31. Whence 
It was called frumentwn emptumy also decumanuniy or m- 
peratum^ Liv* xxxvi. 2. xxxvii. 2, 8c 50. xlii. 31. 

Asconius in his commentary on Cicero, Ferr* ii. 2, men- 
tions three kinds of payment made by the provincials ; the 
regular or u^ual tax, a voluntary contribution or benevq^ 
lence, and an extracMtiinary exaction or demand : {Omne 
genus pensitatianisinhoccapitepositum est y canonis» quod 
deberetur ; o^lationis quad opus esset ; et indictio- 
Nis, quod imperareturd In which sense Indie A^ is used by 
Pliny, Paneg. 29- 

Under the emperors a rule was made out, called Canon 
FiiuM£NTAR;uSt ui which was comprised what com eacb 



MUNICIPIA, CoLOKIA, et pRiEFECTURJE. 7T 

province ought yearly to furnish. The com thus received 
was laid up in pobfic granaries, both at Rome, and in the 
provinces, whence it was given out, by those who had the 
care of provisions, to the pecqrfe and soldiers. 

Under die emperors, besides a certain sum paid for the 
public pastures, thepeople of the provinces were obliged to 
furnish a certain mimbdr of cattle from their flock, Vapisc. 
in Prob. 15. And besides the tax paid at the port, as in S- 
cily, Cic. Vcrr, ii. 72. in Asia, Cie, Agrar. ii. 29. in Britain, 
Tacit, mt. Arric. 31. they also paid a tax for joumies, SueU 
VvtelL 14. especially for carrying a corpse, which could not 
be transported from one place t6 another Without the per- 
mission of the high priest or of the emperor. But this tax 
was abolished. 

There was also a tax on iron, silver, and gold mines, as 
in Spain, Iao. xxxiv. 21. ; on marble in Africa ; on vari- 
ous mines in Macedonia, Illyricum, Thrace, Britain, and 
Sardinia ; and also on salt-pits, as in Macedonia, Liv. xlv. 
29. 

MUNICIPIA,.COLONI.E, ^t PRiEFECTURiE. 

MUNICIPIA were foreign towns which obtained the 
right of Roman citizens. Of these there w£re diflPer- 
cnt kinds. SonJe possessed all the rights of Roman citi* 
zens, except such as could not be enjoyed without residing 
at Rome. Others enjoyed the right of serving in the Ro- 
mankgicMi, (MUNERA^j^torwCAPEREpo^ifrtfwOtbut 
had not the right of voting and of obtaining civil offices. 

The ilffmrcipta used their own laws andcustoms, which were 
called LEGES MUNICIPALES ; nor were they obliged 
to receive the Roman laws unless they chose it : (nisi fun- 
di fieri vellent)*. And some chose to remain as confedC'r 
rate states, (civitates/xederata}j rather than become Roman 
citizens ; as the people of Ueraclea and Naples, Cic. pro 
Balbo, 8. • 

There were anciently no such free towns except in Italy : 
but afterwards we find them also in the proyinqes. Thus 
Pliny mentions eight inJScstica^ and thirteen in hither Spain, 
fftsi. JVat. ill 2. 

COLONIES were cities or lands ^hich Roman citizens 
l^rete sent to inhabit. They were transplanted commonly by 



7a ROMAN ANTIQUrn£& 

three commisuoners, (j^^ irktmviros eohm^^dedueefni^ tf- 
groquedwidundo^ Liv. viii. 16.) sometimes by five« ten, or 
more. Twenty were appmnted to settle the colcmy at Ca- 
pua, by the Julian law, Dio. xxxvi^. 1, The people deter- 
mined in what manner the laudS were to be divided^ and to 
whom. . The-new colony marched to rfieir destined place in 
form of an army, with colours flying, («iA vexiUol* The 
lands ^^ere marked round with a plough, and his own por- 
tion assigned to eveiy one, Firg. Mn. v. 755» All. which 
was done after taking the auspices, and offering sacrifices, 
Ctt?. PA«/.ii.40,&42. 

When a city was to be built, the founder, dressed in a 
Gabiniap garb, (^Oabino cinctu omatus^ v. Gabino culiu m- 
cinctWj Liv. v. 46. i. e. with his toga tucked up« and 
(^ lappet of it ^owA back over the left shoulder, and 
brought round under the right arm to the breast-; jso ihat it 
girded him, and made the toga shelter and closer,) ydckig a 
cow and bull to the plough, the coulter whereof was of 
brass, marked out by a deep furrow the whole compass of 
the city ; and these two animals, with other victims, were 
sacrificed on the altars. All the people or planters followed, 
and turned inwards die clods cut by the plough. 

Where they wanted a gate to be, they took up the plough 
and left a space. Hence PORTA, a ^af^; (a portando ara^ 
irum). And towns are said to have been called URBES 
from being surrounded by the plough, (ab orbse:, vticb 
uRvo, i. e. burif sive aratri curvatura fYwcro^ Lat. Ling, 
iv. 2. Festus), The form of founcting cities among the 
Greeks, is described by Pausanias, v. 27. who ^says that the 
first city built ws&Lycosura in Arcadia, viii. 38. 

When a city was solemnly, destroyed, the plough waaalso 
drawn along (inducebatur) where the walls had stood, Horat. 
Od. i. 16- Hence, Etseges «f, ubi Troja/uity Ovid, Her. i. 
I. 55. We read in the sacred writings, of salt being sown on 
the ground where cities had stood, Judg. ix. 45. Jfir. iiL 12. 

The walls' of cities were looked upon by the ancients as 
sacred, but not the gates, Flut. Quest. 26. The gates, how- 
ever, were reckoned inviolable, {sanct^y f 

A space of ground was left free from buildings bodi with- 
in and without the walls, which was called POMjERIUM, 



MtTKIClPXAt CoLONIiC, Ct PaiSf BCTIT&JB. 79^ 

(i. ^ &aicf drca^nnrvm, vd />aff murum intus et extra,) and 

wasr likewise held saered, Liv. L 44 ; sometimes put only 

tor the open q>aoe without the walls, Fior. i. 9. When the 

city was enlaiged, the pommum also was extended ; ihi 

eonsteraUjinetprf^erebantury Liv. ibid*) 

These ceremonies, used in building cities, are said to have 

been borrowed from the Hetrurians, ilmi. 

It was unlawful to plant a new colony where one had-been 

idanted before, Cic. Phil. ii. 40. but supplies might be sent* 
The colonies solemnly kept the anniversary of their first 

settkment, {Aem natalem colonut religiose eolebant^ Cic« 

ad Attic iv. 1. Sext 63. 
Some cdoiues consisted of Roman citizens only, some of 

Latins, and others of Italians, Liy. xxxix. SS* Hence theif 
lights were different Some thuik that the Roman colonies 
ei:4<V^ ^ ^ rights of citizens, as they are often called 
Romtfi citizois, and were onceenrolled in the censor's books 
at Rome, ItL xxix. 37. 'But most are of opinion, that the 
c(^oraes had not the right of voting, nor of bearing offices 
at Rome, from Dio. xliii. 39. & 50. The rights of Latio 
colonies were more limited ; so that Roman citizens who 
gave their names to a Latin colony, suffered a diminution of 
rank, Cir. pfo Cmn. 33. pro Dotnoy 30. The Italian colo* 
nies were in a still worse condition. The difference cpnsist« 
ed chiefly in their different Tmmunity from taxes. 

Sylla, to reward his veterans, .first introduced the customl 
of settling MILITARY COLONIES, which was imitated 
by Julius Csesar, Augustus, and others. To those colonies 
whole kgicMis were sent with their officers, their tribunes, and 
centurions; but this custom afterwards fell into disuse, 
Tadt* Armal. xiv. 72. For the sake of dist'uicdon the other 
colonies were caUedCIVILES, PLEBELE, or TOGA. 
T^, because they con^sted of citizens, or, as they were af* 
terwards named, PAGANI or Prtoati^ who were opposed 
to soldiers. See p. 71. 

The ccdonies differed from tiie free towns in this, that they 
used the laws prescribed them by the Romans, but they had 
almost the samt kind of magistrates. Their two chief magis-> 
tr^lc* were called DUUMVIRI, and their senators DE- 
CURIONE9 ; because, as some say, when the colony wa» 



49 kOMAN ANTIQUITIES 

ilrst planted/ every tenth inati #«ismade a senator. The 
• fortune requisite to be chosen a Decurio^ under the^empe. 
rars, was a hundred thousand sestertti^ Plin. £p. i. 19u . 

The senate^ or general council of Grecian cities, under the 
Roman empire, was catted BUL£, 0«»a«, conci&um^) Plin. 
Ep- x. 85. its members, BULEUTiE, ib. 115. thephice 
Whereit met at Syracuse, BuLEiTTERiuMi Cic. Ferr^ ii.i21. 
an assembly of the people, ECCLESIA, PUn. Ep. %. 3. In 
iome cities, those who were chosen into the Senate by thetf 
censors, paid a certain sum for their admission, thonprarium 
decurionatus)y ib. 1 14. and -that even erfthough chosen contra- 
ry to their own inclinations, ibid. InBithynia, they were 
subjected to regulaticmi? with respect to the choice of sq|A- 
torsj similar to those at Rome, ib, 83. 1 15. An act p&sse^^ 
by the senate or people, was called Ps e ph i s m a , Id, x. $2; 
S3. It was there customary, upon a person's taking die Xtian^ 
ty rpt)e, solemnizing his marriage, enteriiig upon the officelff 
a aiagistrate, or dedicating any public work, to invite thfc 
whole senate, together with a considerable part of the cofti- 
monalty, to the number of a thousand or more, and to dis- 
tribute to each of the company a dole {sporttda) of one 6r 
two denarii. This, as having the appearance of an ambitious 
largess idiamone) was disapproved of by TrajaSn, Ptbi..!^* 
X. 117,118, ^ 

Each colony had commonly ^pr.tron, who took carfe of 
its interests at Rome, Dionys^ ii. IL ' " 

' PRiEFECTURiE were towns to which praeifects were 
annually sent from Rome to administer justice chosen partly 
by the people, and partty by the prator^ Festus. ToWnS 
were reduced to this form, whi^^h had been ungrateful to tHfe 
Romans; as Calatia, Liv. i. 38. Dionj's. iii. SO. Capua^ Liv. 
xxvi. 16. and others. They neither enjoyed the rights of 
free towns nor of colonies, and differed little from the form 
of provinces. Their private right depended on the edicts of 
their praefects, and their public right on the Roman seriate, 
^o imposed on them taxes and service in war at pleasure. 
Some Pr^a^er^vr^ however possessed greater privileges than 
others. 

Places in the countsy or 'towns where markets wefe he|d, 
and justice administered, were called FORA; as Porum 



A1THEXI0M, Cie. Cat. I 9. Forum Afvu. Cic. Ait. ii. 10. 
Forum Comelii^ Juhi, Lwii^ ficc. 

Places where assemblies i^rc hdd, ami justice adminia- 
tared, were called CONC1LIABUL.A, Liv. xU 37. 

All other cities which were neither Municipia, Colonia^^ 
ncwr Pfitfeetur^t, were called Confederate States, {CL\U 
TATliS FCEDERAT/E). These were quice free, unless. 
that they owed the Romany certain things Jiiccording to trea- 
ty. Soch was Capua before it revolted to Hannibal. Such 
tvefc also Tiu?entunH Naples, Tibur, and Pr^eneste. 
FOREIGNERS. 

ALL tbo9e who were not citiiehs, were called by the an- 
cient Romans foreigners, (PEREGRINI,) wherever 
they lived) whether in the city or elsewhere. But after Cara- 
eaHa granted the freedom of the city td all freebpm men iii 
die Roman world, and Justinian some time after granted it 
also tofreedmen, the name of foreigners fell into disuse; 
and the inhabitants of the whole world were divided into Ro- 
mans and Barbarians. The whole Itoitian Empire itself 
was called ROMANIA^ which name is still given td 
Thrace, as being the last province whith was retained by 
the Romans, almost until the taking of Constantinbple by 
the Turk^, A. D. 1453. ; 

While Vipmo wa9 free, the condition of foreigners was 
very^disagreeabte. They might indeed live in the city, but 
they enjoyed none of the privileges of citizeAs. They were 
also subject to a particular jurisdiction, and sometimes were 
expelled from the city at the pleasure of the magistrates^ 
Thus M. Junius Pennus, A. U. 627. and C. Papins Celsus^ 
A« U. 688, both tribunes of the people, passed a law order- 
ing foreigners Jo leave the city, Cic. Off. iii. 11. Brut. 8. So 
Augustus, Suet^ Aug. 42. But afterwards an immense num** 
ber of foreigners^ flocked to Rome from all parts, Juv. iii. 58. 
SenetM ad Heh. c. 8. So that the greatest part of the com- 
mon people con^sted of them ; hence Rome is said to be ' 
inundif^ce fepleta^ Lucan. vii. 405. 

Fdreie^iers weie neither permitted to use the Homan drei^. 
Suet. Claud. 25. nor had they the right of legal property, ot 
of making a will. When a foreigner died, his goods were 



82 ROMAN ANTIQUITIES- 

dther redueiqdintotlic treasury, as. havjkig nohtit^X^gidsf 
bona V AC N ATI A,) or if he had attached himself ise afypltcu^- 
issefy tb aiiy person, as a patron, that person succeeded'to bis 
eflfects, JURE APPLIC ATIONiS, as it was called, Cw. 
d^Orat. i.30. 

But in process of time these inconveniences were reipov- 
€d : and foreigners were not only advanced to the higliest 
honours in the state, but some of tliem et'en made emperors. 

^ ^ THE ASSEMBLIES OF THE PEOPLE. 

AN^ assembly of the whole Roman people^to give their 
vote about any thing, was called COMITI A, (a coeteu 
do vd comeundoX When a part of the people only was assemb* 
led it was called CONCILIUM, .4. Gell. xv. 27. Butltese 
wokIs were not always distinguished, J^iv. vi. 20. 
- In the Comitiayevcry thing which came under thetwvcir 
of the pec^le was transacted ; magistrates were elected, arid 
&WS passed, particularly concerning the declaration of war, 
and the making of peace. Persons guilty of certain crimes 
ivere also tried in the Comitia^ Polyk* vi. 12. 

The Comitia wem always summoned by some niagis* 
Irate, who presided in them, and dii^ected every thing which 
cfame before them ; and he was tlien said, haber^e coki- 
71 A. When lie laid any thing befose the people, he was 
said AG£lt£ CUM POPULO, 6e/i/l :i(iii. 14. As the votes of 
all the people could not be taken together, they were divid- 
ed intdpartsw 

There were tliree kinds of Comitia ; the Ciiriata, institute 

^ by Romulus ;. the CentufiatCj instituted by Servius Tul- 

. Bus the sixth king of Rome ; and the Tributa, said to have 

been first introduced by the tribunes of the people at the 

trialof Coridanus, A. U. 263. 

The Comitia Curiata and Centuriata could not be held 
without taki^ the auspices, (nm auspicato^) nor without the 
authority of the senate ; but the Tributa might, Dumys. tk. 
41. &49. 

The days ot whidi the Comitia could be held, were call- 
fed DIES COMITI ALES, (i. c. quibus cum populo agere 
ficcbat), Liv. iii. ii. Ci«. Q» Fr. i. 2. Macrob. Sat. 1 16. 



7%e CoMiTiA CiriiATA. «a 

. jAs in the s^iate, so in the Comitiaj nothing could be 
done before the rising nor after the setting of the sun, Diok 
xxxix. ^n. ' * , . 

The Comitia for creating magistrates were usually held m 
the Campus Martius ; but for making lawsy and for holding 
trials, sometimes also in the forum, and sometimes in the 
capitoL 

Tfie gOMITIA CURIATA. 

TN th^ Ct^imtia Curiata the people'gave then- votes, divided 
-*:, into thirty curia; Qta (Ucta quod its rerum publicarum 
fiura.commwa sit^ Fest. vel potius^ >we'* sc. »x»A»ri«, con^ 
vef9iifkpopuii apjid Grttcos adjubmdum velvHandum quod 
€ rppublica censer ct esse). And what a majority of them» 
namely sixteen, determined, was said to be tlie order of the 
people.^ At first there were ho other Comitia but the Curior 
fa : and ^jerefore every thing of importance was determined 
In therm. 

The Comitia Curiata were held^ first by the kings, and 
afterwards by the consuls and the other greater magistrates, 
that is, they presided at them, andtnothing could be brought 
before the people but by them. They met in a part of the 
fojrum, called the COMITIUM, where the pulpit or tribu- 
nal (stfggestum) stood, Hvhence the orators used to harangue 
the people; It \^as afterwards called ROSTRA, because it 
was adorned with the beaks of the ships taken from the An- 
tiates, Lw. viii. 14. and also Tempiumf because consecra* 
ted by the augijrs. Ibid, fc 35. which was its usual name be 
fore the AntiateS were subdued, Lh. H. 5^ The Comitiufn 
was first covered the year that Hannibal came into Italjf, 
^ti^. xxvii. 38. Afterwards it was adorned with pillars> 
statues, aindpaintings. 

Those cidzens only had a right to vote at the Comitia CjU- 
riataj who lived in the city, and were included in some rw- 
ria^ or parish. Thfe curia Which voted first, was called 
PRtNClPIUxUjLw.ix. 38. 

After the institution of the Comitia Centuriaia^ and Tribu- 
ta^iht Comitia Curiata w^rein^ore rarefy assembled, and 
that only for passing certain laws, and for the. creation of the 
Curio MaximuSi JUiv. xxvii. 8. aadoftlie Flaminest A, 



|t4 ROMAN A^IQUITIES. . 

Gelk XV. 27. Each curiasecms to have chosea its ^oam eu^ 
fio ; c2SkA also magkter curia^ Plant- AuL ii. 2, 3, 

A law ma^e bv the pec^le divided into ci^i^ was Cidi* 
cdLEX CURIATA. Of these, the chief ive read ..of, 
were, 

1. The law by which military command (mipeeiitm) 
was conferred on magistrates, Liv. ix* 38. Without this 
they were not allowed to meddle with miUt^iy afiairs, rem 
piilitarem attingere^) to command an ^my, or carry <»i 
war, Cic. jphiL v. 16. Ep. Fanh u 9. but only had a civil 
power, CPOTESTAS,) or the right of administeimg jus- 
tice. Hence the Comitia Cttriaia w«« said rem mihtarent 
eontinere. Liv, v. 52. and the pec^le, to give sentence twSce 
Xbis sententiamjhrre^ v. &mi> comiuis judicar-e^) conotmhg 
their magistrates, Cic. de legeAgr. ii. 1 !• But in after times 
tliis law seems to have been passed only for ibrm^ sake, bjf^ 
the suffinge of the thirty lictors or serjeants who formeily 
u$ed to summon the curite^ and attend on them^t the Ce^ 
tnitioj Cic. ibid, {Poptdimffragiis^ adspedem aiqw adiiwr* 
pationem vetustatis^ per trigmta ficfores auspiaorum cau^ 
^ adumbratis, cap. 12.) 

2. The law about recsdUng Camillfis from b^bhment, 
Xav.v, 46, 

3. That' form of adoption called adrogation {see p* 53*1 
was made at the ComUia Curiatay becauise no one oot|ld 
change his state or sacra without the order of the pec^, 
Cuu pro i^ext. pro Dam* 15« &c. Su^t. Aug* $5« E^q* xxxvii. • 
51. 

4. TestameptS were anciently made at these Cwiitia. 
And because in time of peace tiiey were summoned, ieida- 
|a, L e. fonvocata)^ by a iictor twice a«year jbr this purpose ; 
hence tHey were also caUed COMITIA CALATA, whicfe 
name is likewise sometimes applied to the Comitia Centuri- 
uia, because they were assembled by at Corniceu^ who > also 
was called Classifusy (quod dasses-eamiHii adcomitattim 
pocaiMtX A. GelU ^v. 27. Variro de Lat Ling. iv. 16. ^ 

5. What was called DEFTEST ATIO SACRORUM, 
was also made here ; as when it was denounced to an faeur- 
or le^tee that lie must adopt the sacred rites which follow- 
ed the piberitancei CiciA? i>^ 9. Whence an ioheru 



fanoe iPithbm Htm requisite b caltt^d by Plautus h^editas 
sine saeriss Capdv. iv. 1. (cum aliquid abvenerit me cliqua 
bte^mmoda affpendtte; Festds). 

TTie COMltlA CENTURIATA and the CENSUS/ 

THE principsd Comftia were the Centnriata, called also 
majdm, Cie. p<Wt red. in Senat. 9. in ivliich the people, 
divid^fi^vk) the centuries of their classes, pra^t! their Votes; 
and \^hat a majarity of centuries decreed, Xquodpluregcentti* 
riaju8iisteni);v/SkS considered as finally deteniiined, <:prv 
rat0 hahebatur)* These Comtia were held according to the 
Census instkiit^l by Strvius TuUiu's. 
V The CENSUS tvas a numbering of the people with ii 
r^Mtton * of thdr fortunes, {astimatio^ J^w9rtfm^t%y 
• ToasdertaiD the number of the people, ind the fottiines of 
eath indiTidMl^ Servius ordained that all the Roman cfti- 
a^raj, bcAbin toWn and-cilmntfy, t>hould upon oalJi take an 
€stima!te of their fortunes, (bona sua juraii cehserent, i. e. 
sestmafieniX and publicly declare that estimate to him, (apud 
se projtienmtury; that they should also tell the place of their 
abode, the names of their wives and children, their own agfe 
and^t of their chiMreiv and the number of their slaves 
and freedmen ; that if any did otherwise, their goods should 
be confiscated, and themselves scourged and sold for slaves, 
as xiersoiis who had deemed themselves uiuTOrthy of liberty, 
(qui siM ktkn^tafem abjudica^ent, Cic. pro Cdtcm. 34,) He 
likewise appointed a festival, called PAGANALtA, to be 
held every year in each pa^ttj, or village, to their tutelary 
go&&i at which tiitie the peasants should every one jpay into 
the faan& of him who presided at the sacrifices, a piece of 
mottey ;* the men a piece of one kind, the women of anotheiC. 
andtiie d)itdren of a third "sort, Dtwiysi iv. 15. 

TTien accordli« to the valuation of their estates, he divi- 
ded all the citizens into six CLASSES, and each class into 
a ccftaift number of CENTURIES. 

The division by centuries^ or hundreds, jirevailed every 
where at Rome ; or rntiier by tens, from the number of fin^ 
gen on both hands, Ooid. Fast iii. 123, Uc. The infimtry 
and cavalry; the ^liria and tf4bcs, ^Were divided in this man- 
ner; «dao-evai the land: hence centenarius ager, 



VvH 4Bid. ' It Fertu^. ^ At fifst a'ceoiny j^xxotaiasi aflfim-^ 
dred ; but not so afterwards Thus the numbar oixnmm 
the centuries ofthe different classes iif^vfijibmihdonhiM&if 
di&rent, . . - . ^, ^ , » 

The first class consisted of those whose estates jn k^^ds 
and effects were worth at least 100,0(K> a$sm>i lOTfrnj^ of 
brass ; of 10,000 drcLchma accorc^g, to the Gr^ wiB^ of 
iom^Aiting ; which sum is conunonly reckoned equal- to 
.322L IBs* 4d. sterlings but if we supper each pOUlMl of 
jbrass to contain ^ cuses^ as Was the ca^eafterwardst it wiU 
amount to 77501. , 

This first class was Bubdividedinto eighty qept^ri^ ot 
companies of foot, forty of young men» ]Cji^m>r«i?i|l that i^ 
from seventeen to forty-six years of age, Cw. deSen. IT* ^. 
O^ti. X. 28. who were obliged to take the fields {utfi^beU^ 
gererent), and forty of old men, (^emorMffO whp:fihpi4# 
gu^ the city, (ad urbis cmtodiam uf pr^s£o esicnt^ Tj» 
these were ^ded eighteen centuriesof JEquitesr whofongfa^ 
<m horseback ; in all ninety '•eight centuries.. 

The second class consisted of tw^ty centimes^ ts^ ^ 
fioung men, and ten of old, whose eatatea wi^re worth at least 
75,000 asses. To these weare added two omturMs of arti£ij 
c&t^^fabmm)^ caspenters, smiths, &o» to manage th^eqn: 
gines of war. These Livy joins to the first class*. » \ -^ 

It is hardly to be imagined tbit thoae^^ificers were comr 
posed of the members of either the first or the ^econddasfit 
iut of their servants or dependents ; for not only th^ me^ 
chanic arts, but likemse every kind of trade, w^as e^tQenj^ 
dishonourable rnnongithe ancie;nt Romans; . • . ^; u 

The third chss -was also divided into twenty centuries ^ 
H^eir estate was 50^000 asses* - , - . - 

The fourth c^fw likewise contained Ps^tf.een(unes ; 
their estate was 25,000 assej^. To these Dionysius,a4.ds 
two centuries of trumpetersrvii. 59^ • 

The fifth class was divided into thirty ceniwci^s i ih^ 
estate was 11,000 air**^, but^cording to Pioos^uai ISiSOQ* 
Among these, according to Livy, were included the trHHngj- 
eters and comtoera, or blowers of^the horn, disttibtttedjifito 
three eenturiea, ^hbm Dicv^is&us joias^aa two idKstiAC^tjteil- 
turies to the fourth cfass. « - ^ ;.. .. . , . i. 



'^^Ffie dxtkiriaM eompreheiided aH ''those who eidier had 
no escates, or ¥rere not worth so muc^h a9 those of liie filxh 
da^^ The^m&ber of them wa» so great as to exceed that 
of any of the other classes ; yet they were reckoned but as 
one teniurf. 

' TThti^thcnuniber of tf^^fw in all the classe9W^^ accord- 
ing* to livy, 191 ; and accordmg to Dioiiysiu;», .193- 

* SotM isMkethe number of Livy to amount to 194rb3i 
sui^o&hig'that the trumpeters, &c. were not included ui the 
thmy centuries of the fifth class, but- formed tluree discinot 
centuries by themwives. 

E^h^fitjf bad arms peculiar to itself, and a certain place 
ja ftearmy aidcordtag to the valuation of their fortunesr. 
' -ffy tffis arrangement the chief power was vested m the 
ticfie^citizeBS who composed the fi:rst class, which, a!-. 
tfiotrgii'least innumber, consisted of more centuries than aU 
tiie restpnt together ; but they likewise bore the charges of 
peaoe aind'Wdr {mania pads et belh)m proportion, Liv. u 
43. For as the votes at the Comitia, so likewise the quotsi 
of solc&GTsraad taxes, depended on the number of centuries. 
AcdordBi|^> die fisstclaas^ which consisted of ninety-eighty 
or^ ac<$cxdtiig to Liry, of one hundred centuries, furnished 
mbte Aim mdmcxiey to tbepoblic sgrvice than nil the rest 
of the state beaide^k But they had likewise the chief influ- 
thee in the i^semblies of the pec^le by centuries. . For the 
Jt^tdtts^wnd the centuries of this class were called first t» 
give their vot^ ffiidif they were unanimous, the nvatter 
Wadd^<6rmined; but if not, then the centuries of the next 
elass were called, and so on, till a majority of centuries had 
voted Itia^me thing. Andith^dlyever happaiedthat 
they came to the low^t, Iav. ii 43. Didnys* vii. 59. 

In afterthnes some' alteration was made, as is commonly 
siQipoa£it ii^ favow of the Plebei^s by including the centu. 
ries m the tribes ; whence mention is often made of tribes 
in f\st Gambia' Centuriata^ Liv. v. jl8« Cic. in Rull. ii. 2. 
pro Flane. ^. In conaequenee of wlucb it is, probable,, that 
theatimber of <^itiries as well as of trib^ was in^ased» 
GHt* #%/• ii* 62. But when or how this was dcHie is not su£i 
#ciefttiy aacertainedy only it appears to have taken place be- 
fore liiejMff of the eity 358, JLni. y.lS^ 



Ift ROMAKf ANTIQUITIES. 

Those of the first chsa were oalled CL ASSICI : aM «he 
rest were said to be INFRA CI^ASSEM, A. GelL vxu 13- 
Heiice classici auctores^ for the inost ^niraved aiithozsi^ Id. 
xix.. 8, * 

* Those of the lowest class j who had no fortone at all, were 
called CAPITE CKNSI, rated by the head; alid those 
who had below a certain valuation, PROLETARII, <?dif; 
xri. 10. whence sermo pfoletarius for viRs^ low, Phui. 
Milit. Qlcr. iii. 1. 157. This properly Was not redkoned a 
doss ; whence sometimes only five classes are menttoned, 
Iav. iii. SO* So Qiiinta classis videntur^ of the lowest, Cic. 
44cad.iv.23. 

This revie^v of the people was made (census habiiut^ ri 
actus est) at the end of every five years, first by die kings^ 
.then by die consuls } but after the year 310 by the oensors^ 
who were magistrates created for diat very purpo^. We 
do not find, howevefr, that die emtks was always held at eer« 
tain intervals of time. Somedmes it was emitted altogeAcr^ 
► Cic. pro Arch^ &. 

After the tenst^ was finished, an expiatory ^n^'ptiri^g 
sacrifice {sacrijicmm lusifale)wdis ms^^ consisthisr c^a'sow^ 
a sheep, and a bull, vfhkb were carried round die whole as- 
sembly, and then slum,; and thus the people w^e smd to be 
purified, (histrari). Hence also iusttate signifies ts ga 
round to survey^ Virgv Eccl. x. 55. jEn. viii. 231. x. 224, 
and drcum/errey to purify^ Plant. Amplu ii. 2. 144^ Virgi 
uEn, vi. 229. This sacrifice was caUed SUOVETAU- 
RILIAorSOLITAURfLIA: andhewhoperformcditwas 
said CONDERE LUSTRUM. It was caUed lustrum, afe- 
endb, i. e. sohendo, because at that time all the taxes were 
paid by the farmers-general to the censoi^, ratr. L. Li v' 
2. And because this was done at the end of every fifth ye^, 
hence LUSTRUM is often pftit foe the spacse of fiftyearS { 
especially by the poets, HoraU Od. ii. 4. 24. iv. 1. 6. by 
whom it is sometime^ confounded with the Greek CMjrm* 
pidd, which w^s on^r four years, Ovid. Pont. iv. <S. &. Mar^ 
tUU. iv.,45. It is also used fcx any period of time, PUsu ii« 
48. 

The census anciently was held in thtforum^ but after d«t 
year of the city 320, atf the villa pubikoj which waiB a ptaee 



7%^ CoiitriA CENTUifA'TA, &c. . 89 

In the Campus Martms^ Liv. iv. 22. fitted up for public 
uses ; fM* tRe reception of foreign ambassadors, &c. Liv. 
xxxiii. 9- Farrodk He Rustica^ iii. 2. Lucoh. ii. 196, The 
purifying sacri&or was always f^At {lustrum condttum est) 
in the- Gw?^5 Martins^ Liv. i. 44. Dionys. iv. 22. The 
t^ensus was- sometimes held without the lustrum being per- 
ibrme4,'iENn7^i&22. • . 

1. 755^ Causes qfassembSng the CoiixxiA Cbntctri ata* 

Thi^ COMITIA CENTURIATA were held for ere. 
ating m^gistr^alea, for passing-laws, and. for trials. . 

In these comitia were created the consuls, prsfetors, cen* ' 
sin».«iidiio«ietiiiles aprooc»isu^^ Liv. xxvi. IS. also the de^ 
c«fm4in,.milkairy tribunes^ an4 one'priest, naaiely, the rex sa- . ; 
cirW-JMtif ^mostall laws were passed in themavhich werepro^ ^ 
pqaed Inr the grseater magistrates^ and one kind of trial was * 
held therct Bapady for high treason, or any crime against the . 
state, .which WW called JUDICIUM PERDUELLIO- 
NIS ; as when any one aimed at sovereignty, which was 
caU^ ermen regniy Liv. vi. 20. or had treated a citizen as 
ap enemy, Cic* in Verr. i. 5. 

War was also declared at these comitiai lAr. xxxu 6, and 

2. The Magistrates ttf ho presided at the Count h Cektu- 
RiAf A ; the Plate where they wtre held: the Manner of 
summoning them^ and the Persons i»Ho had a right to vote 
at them* 

. The Comitia Centuriat4 could be held only by the^upe* 
irior mag^trates, i. e. the consuls, the praetor, the dictator, and 
iotenex : But tht last could on^ hold the comitia for crea- 
ting magistral^ and not for passing laws. 

The censors assembled the peoj^e by centuries : but this 
assembly was not properly called comitia^ as it was not to 
vole aboutsoiy thing. Theprabtprscouldnotholdthero^f/ia^ 
if the consuls were present, without th^ petmisi&ipn, Liv. 
xxvii, 5. but they nught in their absence, Id. xliiL 16. xlv* 
21. eqtecially the prator utbanus; and, as in the instance 
last quoted, without the authoriQ7:x>f the Senate. • 

The c(»isuls held the comitia for creating the consulsi and 

O 



&0 ROMAN ANTIQUITIES. 

also for creating the praetors; (forthe prastors could Hot 
hold the comitia for creating their successors, Ctc. adAtt. ix. 
9 J and fot creating the ce^oris, Liv. vii, 22,Cic. Atu iv. 2. 

jThe consuls determined^vhich of them should hold these 
comitia, either by lot or by agreement Uorte vel consensu ; 
sortiebantur vel comparabant^ Liv. passim. 

The comtHa for creating the first consuls wer^ held by the 
prsefect of the city, Spurius Lucretius, Lib. i» 60- who was 
also interrex^ Diony s. iv. 84. 

When ^rex sacrorum was to be created, the comiHa arc 
thought to have been held by the panti/ex maximus^ Biit 
this is not quite certain. * 

The person presiding in. the comitia had so great iriflucnct, 
that he is sometimes said to hjive himself created the magis- 
Vates who were elected, Liv. i. ^5o. ii. 2. iii. 54. ix* 7. 

When, from contention betwixt the Patricians and Pie* 
' beians, or betwix^t the magi'strates, or from any other cause, 
the comifia for electing magistrates could not be held in due 
time, and notbefore the end of the year, the patricians met and 
named {sine suffragio populi auspicat prcdebanf) aninterrex 
out of their own number, Cic. pro Domo^ 14. & Ascon^ in die. 
who commanded only for five days ; Uv. ix. 34. and in the 
same manner different persons were always created every five 
daysj till consuls were elected, who entered immediately on 
their office. The comitia were hardly ever held by the first 
interrex : Sometimes by the second, Xro.ix. 7. x. 11. some* 
times by the third, Id. v. 31. and sometimes not till the ele- 
venth, Id. vii. 21. In the absence of the consuls, a dictator 
was sometimes created to hold the comitia^ Id. vii. 22. viii« 
23. ix. 7. XXV. 2. 

The Comitia Centuriata were always held without flic city, 
visually in the Campus Martins ; because anciently the peo- 
ple went armed in martial order (sub signis) to hold these as- 
semblies ; and it was unlawful for an army to be marshalled 
in tlie city, Liv. xxxix. 15. Gelt. xv. 27. But in later 
times a body of soldiers only kept guard on the Jamculum, 
where an imperial standard was erected, {veociUum pasiium 
eraty) the taking d<:ywn of which denoted the condusicxi of 
the comitiaj Dio. xxxvii. 27. & 28. ' 

Th^ Comitia Centuriata ^ere usually assemUed by an 



77j^Cokitxa CjeifTiTKZATA, he* 91 

edict It behoved them to be summoned iedici v. indict) at 
least seventeea days before tliey were held, that the people 
might have time to weigli with themselves what they should 
determine at the comitia. This space of time was called TRI- 
KUNDINUM, or TRINUM NUNDINUM, i. e- tres 
nundiiuty three market days, because the people from the 
counCiy came to Rome every ninth day to buy and sell their 
commodities, Liv. iii. 35. {Nundma a Romanis nono quoque 
die celebrata /. inter mediis septem diebus occupabantur ruri^ 
Dionys. ii, 528, vii. 58. reliquis septem rura colehant^ Varro 
de Re Rust, praef. 11.) But the comttta were not held on the 
market-days, inundinisy) because they xvere ranked among the 
.^^tt^or hc4y days on which np business could be done with 
the people^ Macrab. \. 16. {ne plebs rustica avocaretur^ lest 
they should be called off from their ordinary business of 
buying and selling,) Plin. xviii. 3. This however was not 
always observed, Cic. Att. i. 14. 

But the eofhitia for creating magistrates were sometimes 
summoned agsdnst the first lawful day,' Ctit/^nrnf^ni comiticr 
lem AemO Liv. xxiv. 7. 

AU those might be present at the Comitia Centuriata who 
had the full right of Roman, qitizens, whether they lived at 
Rome or in the counuy. 

3. Candidates. 

Those who soughtpreferments wcrecalled CA>3DIDA- 
TI, fix)m a white- robe {a toga Candida) worn by them, 
which was rendered shining {candens vel Candida) by the 
art of the fuller ; for all the wealthy Romans wore a gown 
naturally white, {toga alba). This, however, was anciently 
forbidden by law, {ne cut alburn^ i. e. cretam, in vestinien^ 
turn addere^ petitionis causa ticeret)^ Liv. iv. 25. 

The candidates did not wear tunics or waistcoats, either 
that iSaes might appear more humble^ or might more easily 
shew the scars they had received on the fore part of their bo* 
'dy, (adverso corparcj) Plutarch, in Coriolano. 

In the latter ages of the republic, no one could staind can, 
didate who was not {H-esent, and didnot declare himself with* 
in the legal days, that is, before the comitia were summon. 
ed. Sail. Cat. 18. Cic. Fam. xvi. 12« and whose name was 
not nw^eivcd by the magistrates ; fo/ they might refuse to ad« 



02 ROMAN ANTIQUITIES. 

mit any one they pleased, (nmnen accipere^ vd rationem #- 
jus habere) but not without assigning a just cause, Liv- viii,. 
15. xxiv. 7. & 8. P'al. Max fii. 8. 3. FeU. \u 92, The op- 
position of the consuls, however, mig^ be over-ruled by 
the Senate, Liv. iii. 21. 

For a long time before the time of dection, the candidates 
fsndeavoured to gain the favour of the people by every popu* 
lar art, Cic. Attic, u I* by going round their houses, iatnbien- 
do) by shaking hands with those they mct^ Cprensando^) by 
addressing them in a kindly manner, and naming them, &c. 
on which account diey commonly had alcHig with them a 
monitor, or NOMENCLATOR, w1k> whispered in»thcir 
ears every body's name, Herat. Ep. u 6. SO, &c. .Hence 
Cicero calls candidates natto officiosissima^ in Pis. 23. On 
the market-days they used anciently to come into the as- 
sembly of the i>eople, and take their station on a rising 
ground, (in colte consistere^) whence they might be seen by 
all, Macrob. Sat.i. 16* When they went down to the Cam* 
pus Martins at certain times, they were attended by their 
friendsanddependents, who were caUed DEDUCTORES, 
Cic. de pet. cons. 9. They had likewise persons to divide 
money among the people, (DIVISORES, Cic. Att. 117, 
Stiet. Aug. 3.) For this, although forbidden by law, wasof^ 
ten done openly, and once against Casar, even with the ap* 
probation of Cato, Suet.Jtd. 19. There were alsoperscMis to 
bargain with the people for their votes, called INTERPRE- 
TES, and others in whose hands the money promised was 
deposited, called SEQUESTRES, Cic. Att. in Verr. i. 8. 
^ 12. Sometimes the candidates formed combinations 
{caitiones) to disappoint iut dejicerenf) the other competi* 
tors, Cic. A4t. ii. 18. Xm. iii. 35, 

Those who opposed any candidate, were said ei refragari, 
and those who favoured him, sujfragari vtl st(ffragatores 
esse : hence sujfragatio, their interest, Liv. x* 13, Those 
who got one to be elected, were said, eipncturam gratia ctm^^ 
pestfi capere^ Liv. vii, l.or eum trcJiere; thus, JPervictt 
Appiusj ut dejecta FabiOyfratrem traheret, Liv. xxxix. 32* 
Those who hindered one from being elected, wci^ said^ e 
eonstdatu repellere^ Cic. in Cat. )« 10. 



The CoHiTiA Cbktubiata* 8cc. 93 

4, 7%; Manner qf proposing a Law J andofnammga day for 

one's Trial 

Wfl SK a law was to be passed at die Comitia Centuriata^ 
the magistrate who was to propose it^ {laturus v. rogatu- 
rz^^y) having consulted with his friends and other prudent 
men, whether it was for the advantage of the republic, arid 
agree^k to the customs of their ancestors, wrote it over at 
home ; and tlieo having communicated it to the senate, by 
their authority, (^ex SCTO,). he promulgated it, that is, he 
pasted it up in public {publice v. in publico propqnebat ; 
prommgabat^ q\X2L^provulgabaty FestusJ for three market- 
days^ that so the people might have an opportunity of read^ 
ing and considering it. In (he mean time he himself, ilegis^ 
laior vcl inventor legis^ Liv» ii. 56.) and some eloquent 
friend, who was called AUCTOR legis. or SUASOR, 
every market-day, read it over, {recitabat^) and reconlmend- 
ed it to the x^cxypl^ isuadebat). while others who disapproved 
it, spoke against it idissuadebantX But in ancient times all 
these formalities were not observed ; thus we find a law pass, 
ed the day after it was proposed, Iav* iv. 24, 

Sometimes the person who proposed the law, if he did it 
by the authority of the seriate, and not according to his own 
opinion, spoke against it, Cic, Ati. i. 14* 

In the same manner, when one was to be tried for treason, 
i^cum dies perdaelhonis dieia est, vum actio perduellionis in-- 
tendebatur^ Cic. vel cum aliquis capitis v. -te anquirerettijr^ 
Liv,) it behoved the accusaticm to be published forj;he same 
space of time,(prointt/^a^ttr rogatio de m^apernicie^ Cic. pro 
Sext. 20.) and the day fixed when the trial was to he, (pro^ 
dita diCj qua judicium futurum sit^ Cic.) In the mean time 
the person accused (R£US), changed his dress ; laid aside 
every kind of ornament ; let his hair and beard grow, (pro^ 
mittebat) ; and in this mean garb {sordidatus), went round, 
and t<^ated the favour of the people, {homines prensabat). 
His nearest relationd and friends also did the same, Zdv. pas^ 
sim* This kind of trial was generally capital, Liv. vi. 20, 
but hot always so, /(/. xliiU 16. Cic, pro I)o7n. 32. See 
Lex Foreia. 



94 SOMAN ANTIQUITIES. 

5. The Manner of taking the Auspices. 

On the day of the comitia^ he who was to preside at theni, 
(gut its prafuturus erat^) attended by one of the augurs, Ca«- 
gure nrfAiAi^o), pitched a tent {fabernaculum eepit\ without 
the city to observe the omens, (jidauspicia ^ptanda^ vel ad 
auspiemdiim). These Cicero calls AUGUSTA CENTU. 
RIARUM AUSPICIA, pro Mil. 16. Hence the Campu3 
Martins is said to be consularibus uuspiciis conaecrattis^ Cic. 
in Cat. iv. 1. and the comitia tliemselves were calkd, AUS- 
PICATA, Liv. xxvi- 2. 

If the TABERNACULUM, which perhaps was* the 
same with temptum or arx^ the place which they cho^ xp 
make their observations, iad inmgurandum^ Liv. ]« 6| s. 7* 
& 18.) had not been taken in due form, iparum recte captum 
esset)^ whatever was done at i!t\it comitia was reckoned of no 
effect, ipro irrito habebattif)y Liv. iv. 7. Hence the usual de- 
claration of the augurs, (augur urn solennis pronundatio) ; 

VlTIO TABERNACULITM CAPTUM; VITIO KAGISTRA- 
TUS CRKATOS V^BL VITlOSOS ; VITIO LEGEM LATAM ; 
TITIO DIEM DICTAM, Cic.& LtV^pOSsim. And SO SCTUpU- 

lous were the ancient Romans about this matter, that if the 
aug^urs at any time afterwards, upon recollection, declared 
that there had been any informality in taking the auspices, 
(pitinm obvenisse, Cic. in auspicio vitiumfuisse^ Liv«) the 
magistrates were obliged to resign their offioe, iutpoievitum 
V. vitio creati^ as having been irregularly chosen,) even seve- 
ral montjis after they had entered upon it, Liv. ibid. Cic de 
Nat. Deor^ ii. 4. 

When there wasnothing wrong in the auspices, the magisv 
trates were said to^be s al vis auspiciis ir^ft, Cic. Phii. 
ii. 33. 

When the consul asked the augur to attend him, {in au$^ 
picium adhibebat)^ he said, Q. Fabi, temihi ih auspi- 
cio ESSE voLo. The augur replied, AuDivr, Cie. de 
Divin. ii. 34. 

Tliere were two kinds of auspices which pertained to the 
Comitia Centuriata. The one was, observing the ap{)ear« 
ances of the heavens, (server e de cash vel cesium),, as, light- 
ning, thunder,.&c. which was chieHy attended to. The other 



7%eCoUtriA eBNTUHIATA, &c* 9S 

was the inspection of birds. Those birds which gave omens 
by flight, were called PRiEPETES : by singing, OSCI- 
NES : hence the phrase, si avis occinuertt^ Liv. .vi.*41. x* 
40. When the omens were favourable, the birds were si id, 
Ar>DiC£K£ vel ADMTTTERE ; when unfavourable, abdi- 

S£lt£, NON ADDICEHE, VCl R£FRAQARI. 

Omens were also taken from the feeding pf chickens. The 
person who kept them, was called PULLARiUS. If (hey 
came too slowly out of the cage, {ex cavea), or would liot 
feed, it was a bad omen, Liv. vi. 41. but if they fed greedily 
so that something fell from their mouth and struck the 
ground, {terram pauirety i. e./criret)^ it vvas hence called 
TRIPUDIUM SOLISTIMUM, (quasi teriipavium vel 
terripudium, Cic, div. ii. 34. Festus in PULS.) Liv. x. 40. 
Plin. X. 21. s. 24. and was reckoned an excellent omen, 
iaMpicium egregium vel optimum), ibid. 

When the augur dtelared that the auspices were unexcep- 
tionable, {omm vttio €arere\ that is, that there wos nothing 
to hindec the comttia from being held, he said, Silentium; 
Bs^E viDETUR, Cte. dc Dtv. lu 34. but if not, he said A- 
LIO DIE, Cic. de Legg. ii. 12. on which account the ctt- 
mitia could not be held that day. Thus, Papirio legem fe^ 
renii triste omen diem dijidit, i. e. Hem in diem posterum 
rejicere coegit^ Liv. ix* 38. 

This declaration of the augur was called NUNTIATIO, 
or obmmttdtio^ Hence Cicero saj^s of the augurs, Nos nun- 

TIATIONEM SOLUM HABE^US; AT CoNSULES ET RE- 
LIQUI MACISTRAtUS ETIAM SPECTIONEM, V. inSpCCti^ 

on&m^ Phil. ii. 52. but the contrary seems to be asserted by 
Festus ; (in voce SPECTIO), and commentators are not 
agreed haw they should be reconciled. It is supposed there 
should be a different reading in both passages, rid. Abram. 
in Cic' (s? Scabger. in Fest. . - 

Any other magistrate, of equal or greater authwity than 
he who presided, might likewise take the auspices ; espe- 
cially if he wished to hinder an election, or prevent a law 
from being.pasaed. If sufch magistrate therefore declared, 
Se be coelo s£RVAssE,thathehadheard thunder, or seen 
lighming,hewas said OBNUNTIARE, {augur auguri^ 
conwl consiM obmmtiavistiy Cic.) which he didbysaymg. 



96 ROMAN Al4TIQUltIES. . 

ALIO DIE V whereupon by the XtfxJS/w et Fuma^^cG^ 
mitia wore broken off, {dirimebantur)^ and deferred to ano« 
ther day. • Hence obntmtiare concUto aut eomitiis^ to prevent, 
to adjourn ; and this happened, even if he said that lie had 
seen what^he did not see, {si auspicia emerUitu^ ^set\ be- 
cause he was thought to have bound the people by .a rels- 
giou's obligation, which must be expiated by their calamity' 
or his own, Cic. Phil. ii. 33« . Hence in the e^ict whereby^ 
the comitia were summoned, this formida was comtnonl^' 

used, Ne QinS MIKOR MAOXSTRATtrS 2>£ CaELO S£&- 

VASSE VELIT : which prohibition Clodius, in his law a- 
gainst Cicero, extended to all the magistrates, Dia. xxxviii^ 
13. 

The comitia were also stopped, if any person, while they 
were holding, w?is seized with the falling sickness of epilep- 
sy, which was hence called MORBUS COMITIAUS; 
w if a tribune of the commons interceded by tfie solemn 
word, VETO, Liv. vi, 35. or any magistrate of equal- au- 
. thority with him who presided, interpos^, by w^ing the 
day in speaking, or by appointing holy days, -fee.- Cic* ad 
Pratt, ii. 6. and also if the standard was pulled down from 
the Janiculum, as in the trial of llabirius, by Metellus the 
pnetor, Dvo. lib^ xxxvii* 27. • 

The comitia were also broken off by a tempest arising ; 
but 90, that the. efcction of^ those magistrates who were al- 
ready created, was not rendered invalid, iut jam cfeati nan 
titiosi fedderentur)^ Liv* xK B9. die. de Divin. ii. 18. un- 
less when the comitia were for creating censors. 

6.- The Manner of holding the Coi&n: IK CeITxvriata^ 

When there was no obstruction to the comitia^ on the day 
Appointed, the people met in the Campus Martiusi The 
magistrate who was to preside, sitting in his curule chair on 
a tribunal, (pro tribunalt\ Liv. xxxix* 32* used to utter a set 
form of prayer before he addressed the people, i>ftj. ttxxix. 
15. the augur repeating over the words before hint, {augftre 
verbtt pr/ceunte, Cic.) Then he made a speech to Ac? peo- 
pie about what was to be done at the comitia. - - • ' • 

If magistrates were to be chosen, the names, df the tan- 
didates ^vere read ovfer. But airciently the people triight. 



The CoMXTiA Centuriata, &c. 97 

tihuse idiom they pleased, whether present or absent, al- 
though they h^d not declared themselves candidates, Liv. 
Passim. 

If a law was to be passed, it \i^s recited by a herald* 
wlule a secretary dictated it to him* isuhjiciente scriba)^ and 
difiioent persons were allowed to speak .for and against it, 
X^. xl. 21. A similar form was observed at trials, bc- 
«^aiise application was made to the people about the punish* 
ment of any one, in the same manner as about a law. Hence 
irrogare pananiy vel mulctamy to infiict or impose. 

The usual beginning of all applications to the people, (om^ 
r.itm rogationemX was, VELITIS, JUBE ATIS, QUIRI- 
TES, and thus the people were said to be consulted, or 
asked; (consufi vel rogari), and the consuls to consult or ask 
them, Cic. & Liv. passim. Hcnc^jubere legem velrogatiO'- 
nem^ aiso Decernere, to pass it ; Sail. Jug. 40. vetare^ 
to reject it ; rogare magistratus^ to create or elect, SalL 
Jug. ^.Mogare qu^sitores^ to appoint judges or inquisitors, 
tA. 40. So jussa etvetita poptt/i in jubendis r. sciscendis le- 
gibus, Cir. de Le^g, ii. 4. Quibtis. sc. Silano et Mursenae, 
eonndatusi me rogante^ i. e. praesidente, datus esty Id. pro 
Mur* 1. Then the magistrate said, Si vobis videtur, 
3>i&c£0iTE, quiBiTEs ; or, Ite in suffracium, bene 

JUVANTIBUsDiISjET, qUiE PATRES CEN SUE RUNT, VOS 

jubete, Lh. xxxi. 7. Whereupon the people who, as u- 
sual, stood promiscuously, separated every one to his own 
tribe and century, Ascm. in Cic* pro Com. Balho. Hence 
the magistrate was said mitterepopulum insuffragiuni; and 
the people, inire vel ire in suffragium, Cic. & Liv. passim. 
Ancioidy the centuries were called to give their voles ac- 
cording to the institution of Servius TuUius ; first the £- 
^juites^ and then the centuries of the first class, Sic.but after- 
wards it was determined by lot (SORTIT lO J^ebat) in what 
order they should vote. When this was first done is uncer- 
tain. The names of the centuries were thrown into a box, 
On sUeUam ; sitella defertur, Cic. N. Z). i. 38. SiteHa al^ 
lata e$i^ ut sortirentur^ Liv. xxv. 3.) and then the box be- 
ing dudien, so that the lots might lie equally, {sortibus aqua- 
/t5)ttfae century which came out first gave its vote first, and 
JKHGewasca«cdPHiEROGATIVA,Z.iv. V. 18. Those 

P 



98 ROMAN ANTIQUITIES, 

centuries which followed next, were called PRIMO VO* 
CATJEs, Lw. X. 15. £s? 22. The rest JURE VQCAT^, 
JJv* xxvii. 6. But all the centuries are usually called ji^c 
vocato-^ except die prerogative^; Its vot^ was held of the 
greatest im^portance, {ut' nemo unguam prior mm tukrit^ 
quin renunciatusj sity Cio. pro Plane, 20* Divin. li- 40. Mun 
18 ) Liv. xxvi. 22i Hence vrjeroqj^jiva is piit {qt a 
sign Of pledge, a favourable omen or intimation of apy th^g 
future ; Supplicatio est prerogativa triumpfu^ Cic, |^am» 
XV. 5. so Act. Verr.. 9* Plin. vii. 16. xxxvii.^. s« 46, for 
a precedent orexampki ttiv. iii. 51. a choice, /(/. xxi. 3»or 
favour, I(L xxviii. 9. and among later writers f<^ a peculiar 
or exclusive privilege. , ... 

When tribes are mentioned in the Comitia Centttriabi^ 
lAv* X- 13. it is supposed, that, after the centuries were io- 
eluded in the tribes, the tribes first cast lots ; and that the 
tribe which first came out was called PRi^EROGATIVA 
TRIBUS ,' and then that the centuries of that tribe cast^ots 
which should be the prarogativa centuria* Others think 
that in this case the names of tribes and centuries arc p^t 
promiscuously the one for the other. But Cicero calls c^n^ 
itiria, psr^ tribus ; and that, which 13 remarkable, in the 
Comitia Tributa, pro Plane. 20^ 

- Anciently the citizens gave their votes by word of moutfa; 
and in creating magistrates, they seemeach to Ijave used tMs 
form, CoNisuLEs, Sfc. nomino vel nico-, £iiv. xxiy, €• & 
9. in passing laws, Uti roc as, voj-q vel jubep, Cie. <fc 
Legg. ii. 10. The will or command of the people was ex- 
pressed by VELLE, and that of the senate by cENSEaE, SaS. 
'Jug* 21. hence kgesmagistratusqucKQCAKz^ to make, JLiv* 
i. 17. 

Sometimes a person nominated to be consul, 8cc. by Ac 
prs&rogative century, declined accepting, Liv.v^ 18. xxvi, 
22. or the magistrate ^jresiding disapproved of their ohoice^ 
and made a speedi to induce them to alter it. Wh^peupon 
the century was recalled by a herald to give its vote ^ew, 
{in nt^ragiitmirev&cata; tbus,R|:DiTE in suffraqiitjc, 
Lm. ibid.) and the rest usual^j^ voted the same with it, {a^c- 
toritatem prarogativa secuta sunt: eosdem constdes cetera 
oenturue fine variatione ulfa ditcerunt)^ Liv. xxiv. 8. & 9^ 



TX^GoMiTiA Cknturiata^ &c. 90 

In the sattie manner after a bill had been rejected by almost 
all the centuries t>n a subsequent day, ialteris cotnitiis)^ we 
find it unanimotisly enacted ; as about declaring war on Phi-. 

lip, Ab tike ORATIONS IK SUrFRAClUM MISSI, VT RO- 
CARAT, BlEL'LtJjt JPSSBRUNT, iw.^XXI. 8. . 

But in Met times, that the people might have mart liber- 
ty in voting, k was ordaihed Idv various laws, which were 
calledLEGES TAB ELL ARJiE, that they should vote by 
baHot ; €rst in conferring honours, by the Gabinian law, 
made A; U. 614. Cic. de Amic. 12. Plin. Ep. iii. 20. two 
yesars after, at all trials except for treason, by the Cassian 
law, Cic. Briit, 25. & 27. iii passing laws, by the Papirian 
law, A, U. 622. and lastly, by the C^elian law, A, U. 630, 
93s6 fat trials for treason, which had been excepted by the 
CSassian kw, ViiU de Legg. iii. 16. The purpose of these 
laws was to diminish the influence of the nobility, Ibid* &* 

The centtiries being called by a herald in their order, tnov- 
c^ from the place where they stood, and went each of them 
5fA6 kn Iricldsui^, (SEPTUM vel OVILE), which was'a 
place surrounded with boards, (locus tabulatis inclususX and 
liear the tribunal bf^he consul. Hence tliey were said to be 
intra vocat^c^ sc. in ovile^ Liv. x. 13. There was a narrow 
pa«sJige to it raised from the ground, called PONS or PON- 
TIC ULUS, by which each century went up one after ano- 
A^, Suet Jul. 80. Hence old men at sixty (SEX AGE- 
!NAf{liy were said, d£ '^nte dejici ; and were called 
DEPONTANI, because after that age they wereexempt- 
td fr6mi>ublic business, Farro & Festusy to whieh Cicero 
dllddes, j^djTi JttTU 35. But a vexy diiferent cause is assign- 
ed for this phrase, both by Varro and Festus. 

There ^ere probably as many Ponies smd Septa^ or Ovu 
/fe, as there were tribes and centuries. Hence Cicero usually 
sj^i^alcs of theth in the phiral ; thus. Pontes Lex Maria fecit 
arigi/stosj de Leg. iii. 17. Opera Clodiana pontes occupa- 
fefif^ AWic, i. 1'4. C^pio cum bonis viris tmpetumfacit^ pcn^ 
fes dejici f, ad Hereiiri. i. 12. Cum Clodius in septa irruissetj 
j^ Mili*l'5. So 'misers maculavit ovilia Homa^ Lucan. 
Pfetrs&i: li, 197, . 






iO» HOMAN ANTIQWT«». 

Some tjbink that each tribe an^ ceotuiy V0tq4 w it$ oubol 
opi/i?, Serv. in Ykneti £cU i. 34. But this does oot sfeeiyi. 
coi;sistent with what we read in oth^r authors. . 

At the entrance of the./^on^, each citizen received firom • 
certain officer^, 'called DIRIBITORES, or dutributori^^ 
ballots, (tabuloi vel tabell^J.on whichi i|*inag;^trates .were 
to be created^ were inscribed tibe. navies of the candidates* 
not the. whole names^ but only the initial letters, Cic.firo 
JDom* 43, and they seem to have repeived as many tablets 
as there were candidates. We read of other, tables beu^ 
giy^ in than were distributed, which must have been 
brought fr(Mn home. Suet. Juh 80. but as no regard was* 
paid to them, this seldom happened. The same thing took 
place, also under the Emperors, when the right of electing . 
magistrates was t^'ansferred from the; people to thesep^te^ 
Plin. Ep. iv, 25. . 

IF a law was to be passed, or any thing to be ordered, as ia 
a trial, or in declaring war, &lc. they received ttvo tablets^ oa 
the one were the letters U. R. L c, UTl ROGAS, sc* vafe 
ytl jubeo^ I am for the la>v ; and on the other, A. for ANTI. 
QUO, i. e. Antigua proboy nihil navi statui volo; I like the 
<M way, I am agabst the law. Hcno^ antiqtuire legemf to 
rgectiL 

Of these tabletfi every one thifew whidi he pleased into a 
chest On cistam) at the entrance of the ovUe^ which was pooiit. 
ed out to them by the ROGATORES, who asked for the. 
ballots* and auciently.for the votes, when they were ghnsa 
viva vQce^ Cic de Diving i, ^7, ii. ^5. Nat. D. ii. 4. Then 
certain persons^ called CUSTODES, who observed th^SKii 
iraud should be committed in citing lots and voting, (m sor^ 
titiane et 9ujfragiis\ took out ieducebant) the ballots, apd 
counted the votes by points marked on a tablet, which w» 
called DiRijucERE ^ifffragiayor DiRBiiFXioMffr^gwrum^ 
Lucan. v# 393. whence omne punctum ferre^ for &mtnbu^ 
suffrqgH^ renunciarh to gain every, vote t and what pleas- 
ed the majority, was declared by a herald to be tlie voteo^ 
of that century. The person who told to the consul the vote 
of his century, (qui centuriam suam rogovit^ et ejusst^i^ 
gium retulit ; vel Consuks a cmturia sua creates remmeku 
vit, retulit) was called ROGATOR, Cic. ib. 0?ifc Or^e^ii, 



54%^ Thus aM*6 centuries were called one after anbtfaer, till 
a fnajc^ty of cenhirics agreed in the same opinion ; and what 
they judged was held to be ratified. 

The JDiri&itcriffj Jlogat&resy and Custodei^ ivere common-' 
ly persons <rflhe &st rank, and friends to the candidates^ or 
favourers of the law to be passed^ who undertook these offi- 
eesi^otuhtmiyy-Cie. in Pis* 15. post. red. in Sen. 11, Augus- 
tus is suppo^d to have selected 900 of the equestrian order 
to he CusiodBs or Rogatores^ {ad custodiendas cistas si{ffra- 
.j-io^timX Plin. xxxiii. 2. s. 7. '. 

if die points of any century were equal, its vote was ndt 
deciared».bnt was reckoned as nothing,* except in trials, 
where the century which had not condemned, was suppbs-^ 
edia have acquitted. 

, llie candidate who had most votes, was imniediately call- 
ed by the magistrate who presided ; and after a solemn pray- - 
cr,^sidtsdking an oath, was declared to be elected (renunei* 
atus est\ by a herdld, Cic. pro leg. Manil. 1. pro Alurien. !• 
in MnlL ii. 2. VelL ii. 92. Then he was conducted homeby 
his friends and dependants with great pomp. 

It wask esteemed very honourable to be named firsts Ciei 

pro leg.^Moml" I- 

Those who were elected consuls, usually crowned the 
images of dieir ancestors with laurel, Cie^ Mur^ 41. 

When ^le gained the vote of a century, he was said j^^^ 
ceuiuriam^ and nonferre vel perdere^ to lose it j ^oferrere- 
ptdmfH *^ be rejected ; but ferre suffragium vel tabellam^ 
to votie ; thus» Meig comitiis nan iaMlam vindkdm tacit^e 
lihetkU^ 4ed voceminvam tulistisi Ck. in RuU. ii. 2. * 

The iuac^trates created at the Comitia Centuriata, were 
saidyfm, ereari, declatarii nominarij did^ renuneiari^ de* 
signari^rogarifhc. 

In^croating magistrates this addition used to be made, to 
denote the fulness of their right :Ut (^ui optiMA lece 

FUJ5«H(X ;: OPTIMO JuTLErEOJURfi; Q^UO (^Tl OPTIMO, 

F^tu9 w'OpTiJttA LEX. Cic. in RuH. i. 11. PhiL xi. 12. 
ZrO^ ix« 34. ' 

Wheaa'Isw was passed, it Was said pbrferri j the cen- 
turieawhidiYOtedforit,weresaidL£GSM jufiERE, v. Rd- 
<?AtiOKE>f AcciPERE,Xn;. ii. 57#iii. 15. 63. ^aUbipas- 



104 ROMAN ANTIQiriTlES. 

habited* No one was permitted to remove from one warj 
to afiolher, that the tribes might not be confounded, Diont/s. 
IT. 14. On which account certain persons were appointed 
to take an account where every one dwelt, also of their age, 
fortune, &c. These were called city tribes^ (TRIBUS UR- 
BANi£), and their number always remained the^Rone. 

Sef vius at the same time divided the Roman territory into 
fifteen parts, (^some say sixteen, and some seventeen), which 
were called country tribes, (TRIBUS RUSTICiE), Dio^ 
nys* iv* 15. 

In the year of tile city 258, the <iumber of tribes was 
made twenty-one, Liv. ii. 21. Here, for the first time, Livy 
directly takes notice of the number of tribes, although he ok 
ludes to the original institution of three tribes, x« 6. Diony- 
sius says, that Servius instituted 31 tribes, iv. 15. But in 
the trial of Coriolanus, he only mentions 21 as having voted^ 
vii. 64. the number of Livy, viii. 64. 

The humbet of tribes was afterwards increased on ac- 
count of the addition of new citizens at different times, Liv. 
VI. 5. vii/ 15. viii, 17. ix. 20. x. 9. JEpit xix. to thirty •five, 
Liv. xxiii. 13. Aseoru in Cic. Verr. i. 5. which number con-r 
tinned to the end of the republic, Lvo. i. 43. . 

After the admission of the Italian states to the freedom of 
the city, eight or ten new tribes are said to have been added, 
but this was of short continuance ; for they were all soon 
distributed among the thirty-five old tribes. 

For a considerable time, according to the institution of 
Servius Tullius, a hibe was nothing else but the inhabi- 
tants of a certain region or quarter in the city or country ; 
but afterwards this was altered ; and tribes came to be reck- 
oned parts not of the city or country, but of the state, 
{mm urbis sed civitatis). Then every one leaving the city 
tribes wished to be ranked among the rustic tribes. This 
was occasioned chiefly by the fondness of the ancient Ro. 
mans few a country life, and from the power of the censors^ 
who could institute new tribes, and distribute the citizens, 
both old and new, into whatever tribes they pleased, without 
regard to the place of their habitation. But on thb subject 
writers are not agreed. In the year 449, Q. Fabius separat- 
ed the meaner sort of people from all the tribes through 



viuck they had been dispersed by App. Claudius, aod uu 
eluded them ia ^e four city tribes, Ltv, ix. 46. NAmons 
these were^raokfid all those whose fortunes were below a cer. 
tein valuatioB, called PftOL£TARIl ; and tliose who bad 
no fortune at all, CAPlTii GEN&l, GeU. x\u 10. Frop 
this titte, aftd perh^s before, the four ciiy tribes began to 
be iHbif&amA i^sshonourable than the thirty -one rustic tribes ; 
«Bd 2iom« of dieiatter seeui to have beeathought more hoo- 
ourablc than others, Cic.proBalboj 25« Plin* xvii.. 3. Hence 
when the censors judged it proper to degrade a citizen, they 
temoved him from a mcMre honourable to a less honourable 
tribe, (jriiu- maveOani) ; and whoever convicted any one «ff 
fanbery, upon trial, obta'med by law as a re^vard^ if he chose, 
the tribe of the person condemned, CU. itnd. 

The rustic -tribes had their names from spme place ; ap 
Tribus Anicnsisy jimimsis, Cliwiaj Crustumina^ Falerina^ 
LfCmoniay Moscta^ Pomptina^ Qutrma^ Bomilia^ Scaptia, &c. 
or from some noble family ; as, Aimilfa^ Claudia^ Ciuentia^ 
Comciu^i Faim^ Horatia^ Jtdioy Mmuviat jPupma^ SergiOi 
Terent'ma^ Veturia^ &c. 

Sometimes the name of one's tribe is added to the name 
of a person, as a sirname ; thus, JL Aifnus Sex F. Qwrina^ 
Cio. Quint. 6. M, OpptUs^ M. A Terentim^ Cic. Fam* 
Viii. 7. Att« iv. L6. 

The Comiiia ZVtAttto beg^nfirsj tobc held two years aftef 
the creation of the tribunes of the people, A» U. 263, at 
the triiil of Coriolanus, Dionyt* vii. 59. But they were more 
frequently assembled alter the year 282, when the Publi- 
li«»B law was passed, that the Plebeian magistrates should 
be created at the Comitia Tributa^ Liv. ii. S6» 

The Comitia Tributa^ were held to create magistrates, to 
elect certain priests, to make laws, and to hold trials* 

At the Comitia fributa were created all the infertorcity 
fBogintrates^ as the iEdiles, both curule and Plebeian, the 
tribuiies of the commons, qu^stors, &.c. All the provtnciai 
magutnttei^ as the proconsuis, propraetors, &c. jalso com- 
mtssiooers Sat setding colonies, &Cf. The Pimtifecc Maxi^ 
nms, and after the year 650, the nthev panti/iccsaugures^fe* 
ei&k»^ •&C* by the Domitian law. Suet, JVer. 2. For beforer 
tht^ the infittior priests were all chosen by their respective 

Q 



it$ ROMAN ANTIQUrnErS. 

colleges, {a coHegtis suis cooptabantur). But at tlic dectioA 
of the pcnttfex maximusy aiid the other priests, what was 
singular, only seventeen tribes were chosen by lot to vote, 
and a majority of them, namely nine, determined the matter, 

Tlie laws passed at these cMmtia were called PL£BIS«* 
CITA, {qua plebs suo suffragio sine patriAus jussH, ptebem 
magistratu rogante^ Fesius,) which at fest only bound the 
Plebeians, but after the year 306, the whole Roman peo- 
ple, Liv* iii. 55. 

. Plebtsdta were made about various things ; as about 
making peace, Liv. xxxiii. 10. ; about granting the free- 
dom of the city ; about ordering a triumph when it was re- 
fused by the senate, Liv. jii. 63. about bestowing command 
on generals on the day of their triumph, Liu. xxvi. 21* ; a- 
bout absolving from the laws, which in later times the sen* 
ute assumed as its prerogative, Ascon. in Cic. ad CorneU 
&c* 

There were no capital trials at the ConAtia Tributa: 
these were held only at the Centuriata : but about impos- 
ing a fine, Ltu. iv. 41.' And if any one, accused of a capi* 
tal crime, did not appear on the day of trial, the Tributa Co"' 
mitia were sufficient to decree banishment against himt 
iid eijustum exilium esse scivit plebsd Liv. xxvi. 3. xxv. 4. 

AU those might vote at the Cpmitia Tributa, who had the 
full right of Roman citizens, whether they dwelt at Rome 
or not. For every one was ranked in some tribe, in which 
he had a right to vote, Liv. xlv. 15. Some had two tribes ; 
one in which they were bom, and another, either by rfeht of 
adoption, as Augustus had the Fabian and Scaptian tribes. 
Suet. Aug.^AO. or as a reward for accusing one of bribery, 
{leges de ambitu pramio,) Cic. pro Balbo, 25. 

At the Comitia Tributa the votes of all the citizens were 
of eqiial force, and therefore the patricians hardly ever at- 
tended them. On which account, as some think, they are 
said to have beeri entirely excluded from them, Liv. ii« 56. 
& 60. But about this writers are not agreed. 

The comitia for creating tribunes and plebeian aediles, 
were held by one of the tribuues to whom that charge was 
given, dther by lot or by the coi^sent of his colleagues^ 



7!le CoMjTiA TiiBirTA« t&i 

Lm^ ifi. 64. but for creating curule asdiles and other inferiot 
magiatrates, by the consul<» dictator, or military tribunes; 
for electing priests, by the consul only, Gc. orf Brut. 5. 

The Comitia Tributa for passing laws and for trials, were 
held by the cmisuls, praetors, or tribunes of the commons* 
AAThen the consul was to hold them, he by his edict sum- 
moned the whole Roman people ; but the tribunes summon* 
ed only the plebeians, Gell, xv. 17. Hence they are some- 
times called comitia populi^ and sometimes concilium plebis : 
In the one the phrase was populus jussit ; in the other plebs 
scivit. But this distinction is not ^ways observed. 

The ComOia Tributa (or electing magistrates were usually 
beldin the Campus Martins, Cie. Att. L 1. iv. 13. Ep. Fam. 
vii. 30. but fcH* passing laws and for trials, commonly in the 
forum ; sometimesrin the capitol, Lw. xxxiii 10. and some- 
tiii^s in the circus Flaminius^ Liv. xxvii, 21. anciently called 
prata Flatmma^ or circus jippokiflori^^ Id. iii. 63. where also 
Q. Furius, the Pontifcx Maximus, held iht comitia for elect- 
ing the tribunes of the commons, after the expulsion of the 
J)efemvirij Liv. iii. 54. 

In the forum there were separate places for each tribe 
marked out with ropes^ Dionys. yii* 59. 

In the Campus Martins, Cicero proposed building in Caj- 
sar's name, marble inclosures {septa marmoreal for holding 
the Comitia Tributa^ Cic. Att. iv, 16. which work was pre-r 
vented by various causes, and at last entirely dropped upon 
the breaking out of the civil wars ; but it was afterwanb 
executed by Agtippa, Dio. liii. 23, Plin. xvi. 40» 

The same formalities almost were observed in summoning 
and holding the Comitia Tributa as in the other comitia^ 
only it was not requi^te for them to have the authority of the 
senate, or that the auspices sliould be taken. But if there 
hadbeen Aunder or lightning, {si tonuisset aut /ulgurasset^) 
they could not be held that day., For it was a constant rule 
from the beginning of the republic, Jovb fulgente, cum 
popuLO A.CI KEF^s £ss^, Cic. in Fat in. 8. Comitiorum so^ 
lum vittum estfulmen^ Id. de Div. ii. 18. 

The Comitia Tributa for electing magistrates, after the 
year 598, were held about the end of July or die beginning 
of August; for electing priests, when there was a vacancy^ 
and tos laws and trialsi on all coiiiitiat days. 



10^ ROMAN ANTIQUITIBS. 

luHus Csbsar first abridged the liberty of th^ cofhiHa. He 
shared the right of creating magistrates with Ac people ; so 
that, except the competitors for the consulship; whbse chokse 
he solely determined himself, the people chose one half, atid 
he nominated (edtbatythe other. This he did by billets <Bs- 
persed through the scvefal tribes to this effect, CiBS ar Die* 

tATOR'ILLI TRIBUI. CoKMBKDO VOBIS ILLVU^tT IL- 
Itrjit; tJT VESTRO SVFFRACIO SltAM DIUVITATBii Tk<- 

Augustus restored this manner of election after it had beea 
dropped for some time during the civil wars^ which follow* 
ed Cses^'s dea(Hi, Suet. Aug. 40. Did. liii. 21* 

Tiberius deprived the people altogether of the right of 
election, Jtwenai x. 77. and assuming the nomination of the 
consuls tohimseify Otftrf. /\wif. iv. 9. 67. hfc pretended to 
refer the choice of the otl\er magistrates to the Senate^ but 
in fact determined the whole a^lbording to his own pleasure^ 
Tacit. Ann. i. 15. Dio. Cass. Iviii. 20. Caligula attempted 
to restore the right of voting to the people, but without any 
permanent effect, Stiet. Calig. 16. The tomi^^ however, 
were still for forni*s sake kietained^ ^nA ti*e magistrates, 
whether nominated by the senate <»- the priMe, appesyred m 
Ae Campus Mairtius, attended by their friends and ccMinec* 
tions, and wet^ appointed to their office by the people with 
tile usual solemnities, Plin. Pantg. 63/ 

But the method of appointing magistrates under the Em* 
perors, seems to be involved in uncertainty, Saet^ Cas. 40, 
76, 80. Apg. 40. 56. JVer. 45: Pit. 11. f^esp. 5. Dom. 10^ 
Tac. Ann. i. 1 5. fftst. i. 77, as indeed Tacitus himself acknow- 
ledges, particuterly with respect to the consuls, Ahnai. !• 81-. 
86metim6s, especially under good emperors, the same firee* 
dom of canvassing was allowed, and the same arts practised 
to* ensure success as under the republic, Flin. Ep. vi. d. 9, 
yiii. 23. Trajan restrained the infemous largesses of candi. 
dates by a hw against bribery, {ambitus lege) ; and by 
ordainitig, that nobne shoiildbe adiiiitted to sue for att oiBte^ 
who had not a third part of his fortune in land, which greatly 
raised the value of estates in Italy, Id. vi. 19. WhenthcTight 
of creating magistrates Was ti'ansferred to the senate, it at first 
by ppen votes, iapertis suffragwd^ but thf; 



Rdtf AH MACIStRATES, i^C. 109 

• 

noise iMiddisorder, which this sometimes occasioned, made 
the senate, in the time of Trajan, adopt the method of ballot- 
ing;^ G»f tocka mffragia decurrere)^ Plin. £p« iii. 20. which 
also waa found to be attended with inconveniences, which 
Pliny says, the Emperor alone could rv. medy. Id* iv. 25/ 
Augustus fo&owed the mode of Julius Caesar at the Comitia^ 
!Pio. liii. 21, although Maecenas^ whose counsel he chiefly 
foUowedi advised him to take this power altogether from 
the people, Dio. Iii. 30, As often as he attended at the dec-. 
tion of n^agistrates, he went round the tribes, with the candi- 
dates whom he recommended, (cumsuis candidatisX and so- 
licited the votes of the people in the usual mivoner. He him- 
self ^ve hi? vote in his own tribe, a^ any other citizen, 
(lyf umds epopuia^t Suet. Aug. 56. 

• ' ROMAN MAGISTRATES. 

JJiffcfefft forms qf Governmentt and different 
Magistrates at different times. 

ROME was at first governed by kings ; but Tarquin, 
the 7th king, being expelled for bis tyranny, A. U* 244, 
the regal gQverment was abolished, and two supreme magis- 
trates were annually created in place of a king, culled CON- 
SULS* In dangerous conjunctures, a DICTATOR was 
created with absolute authority : and when there was a va- 
cancy of magistrate39 an INTERREX was appointed to 
dectfiew(Mies« 

In th^ year of the city 301, Lw. iii. 33, or according to 
others, 302, in place of consuls, ten men (DECEMVIRI) 
were chosen to draw up a body of laws, (ad leges scriben^ 
das). But their power lasted cmly two years $ and the con^ 
solar government was again restored. 

As the consuls were at first chosen only from the patri- 
cians, and the plebeians wished to partake of that dignity ; 
after great contests it was at last determined, A. U. 310, 
that instead of consuls, six supreme magistrates should be 
annaaily treated, thrce from the patricians, and three from 
the plebeians, who were called MILITARY TRIBUNES, 
iTrihunimtMium consulari potestateX Dionys. xi. 60. There 
l^eit nqt| however, always six tribunes chosen ; sometimes 



110 ROMAN ANTiqUITIE$. 

only three,. Xei;« m 6. 16. 25. and ^42. sometimes four, i£, 
31. 35. & 44. and sometimes even eight. Id. v. 1, Nor vas 
one half always chosen from the patricians and the other 
half from the plebeians. They were, on the contrary, usual- 
ly all patricians, Id. iv. 25. 44. 56, &.c. seldom the contrary, 
iw. V. 12, 13. 18. vi. 30. For upwards of seventy years, 
sometimes consuls were created, and sometimes military 
fribunes, as the influence of the patricians or plebeians was 
superior, ot the public exigencies required ; till at last the 
plebeians prevailed, A. U. 387, that one of the .consuls 
should be chosen from their order, and afterwards that both 
consuls might be plebeians ; which however was rarely the 
case, but the contrary. From this time the supreme pow^ 
cr remained in the hands of the consuls till the usurpation rf 
Sylla, A. U. 672, who having vanquished the party <^f Ma- 
rius, assumed to himself absolute authority, under the"^ title 
of Dictator^ an office which had been disused abov^ 120 
years. But Sylla having voluntarily resigned his power in 
less than three years, the consular authority was again res- 
tored, and continued till Julius Cassar, having defeated Pc»n- 
pey at the battle of Pharsalia, and having subdued the n^st 
of his opponents, in imitation of Sylla, caused himself to be 
created perpetual dictator, and oppressed the liberty of his 
country, A. U. 706* After this the consular authority was 
never again completely restored. It was indeed attempted^ 
after the murder of Cassar in the senate-house on the ides 
of March, A. U. 710, by Brutus and Cassiusand the other 
conspirators ;. but M. Antonius, who desired to juJe in 
C«sar's room, prevented it And Hirtius andPaifsa, the 
consuls of the following year, being slain at Mutina, Octa- 
vius, who was afterwards called Augustus, with Antony^ 
and Lepidus, shared between them the provinces of the re- 
public, and exercised absolute power under the title of 
TlSiWJMWV^reipublicaeonsfituenda. 

The combination between Pompey, Ciesar, and Crassus, 
eommonly called liit first triumvirate^ which was fonned by 
^e contrivanqe of Caesar, in the consulship of Metellus ^d 
Afranius, A. U. 693, FelL Fat. ii: 44. Harat. Od. ii, 1. is 
jusdy reckoned the original cause of this revolution^ and of 
all the calamities attending it* For (be Romans by siibmit* 



l^oMAN Magistrates, &c^ lit 

ting to their usurped authority, shewed that they were pre- 
pared for servitude. It is the spirit of a nation alone which 
can preserve liberty. When that is sunk by general cor- 
ruption of mcx^ls, laws are but feeble restraints agaitist the 
eiictoachmencs of power. Julius Casar would never have 
attempted what he effected, if he had not perceived the cha* 
racter of the R iman people to be favourable to his designs. 

After the overthrow of Brutus and Cassiys at the biUle of 
Ptiilippi, A. U. 712, Augustus on a slight pretext deprived 
Lepidus of hi*^ command, and having vanquished Antony in 
a sea-fight at Actium, became sole master of the Romtin em- 
pire, A. U, 723, and ruled it for many years, under the title 
of PRINCE or EMPEROR, (Pnnceps.v^VImperator). 
The liberty of Rome was now entirely extinguished ; and 
although Augustus endeavoured to establish a civil monar- 
chy, the government perpetually tended to a military despo- 
tism, equally fatal to the characters and happiness of prince 
and people- 

In the beginning of the republic, the consuls seem to have 
been the only stated magistrates, Lw. iv. 4. ; but as they, 
being engaged almost in continual wars, could not properly 
attend to civil affairs, various other magistrates we^e ap- 
pointed at different times, pr»tors, censors, adiles, tribunes 
of the commons, 8cc, ib. Under the emperors various new 
magbtrates were instituted. 

OF MAGISTkATES IN GENERAL. 

A Magistrate is a person invested with public authority. 
(Magistratus est, qni pritsitj Cic. de Legg. iii. 1. Dici- 
tur magistratus a magistrQ. Maguier autem est, qui plus 
aliis potest^ ¥tstus\ 

The office o( a magistrate in the Romain republic was dif- 
ferent from what it is among us. The Romans had not the 
same discrimination betwixt public employments that we 
have. The same person might regulate the police of the ci- 
ty, and dhrect the affairs of the empire, propose laws, and 
execute them, act as a judge or a priest, and command an. 
army, Xw. x. 29. et atibi passim. The civil authority of a 
magistrate was called magistratus otpotestas; his judicative 
power jurisdictio ; and tus military eommand impmum^ 



112 ROMAN ANtlQUlTIES; 

Anciendy all magistrates who had the cou.mand of an army 
were called PRiETORES ; {vel quod aeteros praireni^ vei 
qitod aliis praesscnt^ Ascon. in Cic.) 

MAGISTRATUS either signifies a magistrate; as, Jfe/o- 
gistratus jussit*: or a magistracy.; as, Tttw magistracus 
datus est, Festus. So POTEST AS ; as, JIadere potesta^ 
tern, gerere potestates, esse in v. cum potestaie^ to bear an 
office ; Gabiorum esse potestas, to be a magistrate of Gabii, 
JuvenaL x, 99. Jurisdictionem tantum in urhe delegari ma* 
gistratibus soHtaniy etiam per provinciasy Potbstatibus 
demandavit^ Suet. Claud. 24. MagIstratus was properly 
a civil magistrate or magistracy in the city ; and Po x e st a s 
in the provinces : iMagistratus^ vel iis, qui in potestate ali^ 
qua sity ut puta proconsul^ velprator, vel alii, qui provincial 
regunty Ulpian). But this distinction is not always observ- 
ed, Sallust. Jug. 63* 

When a magistrate was invested with military command 
by the people, for the people only could do it, he was said 
esse in v. ctim imperio, in justo^ v. summo imperio. (Cum 
imperio esse dicititr, cui nominatim est a populo niandatum 
imperium, Festus). Thus, Abstvnientiam neque in imperizs, 
nequein magistratibus pr^estititj i. e. neque cum exercittd 
Praesset ^jus belli gerendi haberet, neque cum munera civi- 
lia in urbegereret. Suet. Caes. 54. Hemine cum imperio (mi* 
litary command) aut magistratu (civil authority), tendente 
quoquam, qidn Rkodum diverteret. Id. Tib. 12. So magis- 
tratus &P imperia capere, to enjoy offices civil and military, 
Id. Cas. 75. But we find tlsse in imperio, simply for Esse 
consulem, Liv. iv- 7. and all those magistrates were said Ha- 
here imperium, who held great authority and power, {qui et 
coercere aliquem possent, etjubere incarcerem duct, Paull. I. 
2. fF. de in jus vocando), as the dictators, consuls, and prae- 
tors. Hence they were said to do any thing pro imperio, Liy. 
ii. 56V to which Terence alludes, Fhorm. u 4. 19. whereas 
the inferior magistrates, the tribunes of the commons, the 
adiles, and quasstors, were said esse sine imperio, and to act 
* only pro potestate, Liv. ii. 56. iv. 26. Sometimes potestas 
and imperium are joined ; thus, Togatus in republica cum 
potestate imperieque versatus est, Cic. Phil, i* 7. 



Division (a^MAcisxRAXEs, 113 

DIVISION OF MAGISTRATES. 

T UK ^omsax magistrates were variously divided; into 
ordinary and extraordinary ^ greater and less^ curule 
and not curule ; al^o patrician sindpiebeian^ city and proving 
€nal magistnUes* 

The MAGISTR ATUS ORDINARII were those who 
were created at stated times, and were constantly in the re* 
public; the EXTRAORDINARII not so. 

The MAGISTRATUS MAJORES were those who 
had what were called the greater auspices, {qua minoribus 
tnagis rataessenty Gell. xiii. IS J. The magistratus majores 
ordmarii were the consuls, pr«tors, and censors, who were 
created at the Comitia Centuriata. The extraordinarii were 
the dictator, the master of the horse, (magister equitum)^ the 
interrex, the prefect of the city, &c. 

The MAGISTRATUS MINORES ORDINARII 
were the tribunes of the commons, the tnedilcs, and qures- 
tors: EXTRAORDINARII, tliepr^Ac^M^ annona, du^ 
umviri ftavalesy &c« 

Th^ MAGISTRATUS CURULES were those who 
had the right of using the sella curuUs or chair of state, name- 
ly, the dictator, the consuls, praetors, censors, and curule 
sediles. All the rest, whohad hot that right, were called NON 
CURULES. (Citrules magistratus appellati sunt^ quitt 
curru vehebantur^ Festus ; In quo curru sella curulis erats 
supra guam considerent^ Gcll. nu 18 J. The sella curnli's 
was anciently made of ivory, or at least adorned with ivory; 
hence Horace calls it, curule ebur, Ep. L 6. 53. The magis- 
trates sat on it in their tribunal on all solemn occasions. 

In thebeginningof dierepublic, the magistrates were cho- 
sen only from the patricians, but in process of time also from 
the plebeians, except die interrex alone, (quern et ipsum 
patricium essCj et a patriciis prodi necesse eraty Cic. pro Do- 
mo, 14). The plebeian magistrates were the aediles and tri- 
bunes of the commons. 

, ^Anciently there was no certain age fixed for enjoying the 

diSerent offices, Cic. Phil. v. 17. A law was first made for 

this purpose rLEX ANNALIS) by L. ViUius, or (L. Ju- 

I liusj a tribune of the commcms, A. U. 573, whence hisfa^ 



1I4 ROMAN ANTIQUITIES. 

niily got the simame of akkales, Lxo. xl. 43. aldioug:^ 
there seems to have been some regulation about that matter 
formerly. Id. xxv. 2. What was the year fixed for enjoykis 
each office is not fully ascertained. See p. 4. It is certain that 
the pratorship used to be'enjoyed two years after the aedile- 
ship, Cfc. FarmL x. 35. and that the 4Sd was the year fixed 
for the consulship, Cic. PhiLy. 17. If we are to judge from 
Cicero, who frequently boasts that he had enjoyed every of- 
fice in its proper year, (se stta quemque magistratum anna 
gessisse\ the years appointed for the different offices by the 
iex vUia were, for the quaestorship thirty-one, for the aedile- 
ship thirty seven, for the praetorship forty^ and for the con. 
sukhip forty-three. But even under the republic popular 
citizens were freed from these restrrctions^ ibid, and the 
emperors granted* that indulgence {amies remiitebant) to 
whomsoever they pleased, Plin. Ep. vii. 16. or the senate 
to gratify them, Dia. iiii. 28; The lex amuiliSf however^ 
was still observed, Fiin. Ep. iii. 20. 

It was ordained by the law of Romulus, thatno one should 
enter on anv office, unless the birds should give favourable 
omens; and by theCORNELIAN LAW, made by SyBa, 
A. U. 673, diat a certaifi order should be observed in ob- 
taining preferments ; that no one should be pr«tor before 
being quaestor, nor consul before being prsetor ; nor should 
enjoy the same office within ten years, nor two different rf- 
£ces in the same year, Appian. de BelL Cw. i« p* 412. Znf. 
xxxii. 7. Cic. PhiL xi. 5. loo. vii. 40. Butdiese reguk- 
tions also were not strictfy observed. 

All magistrates v(fere obliged, within five days after alter- 
ing on their office, to swear that they would observe the laws^ 
(In leges juror e)^ Liv. xxxi. 5. ; and after the expiration 
oftheir office, they might be brought to atrial if they had 
iasat anything amiss, IaO. xxxvii. 57. Suet Jul. 23. 

KINGS. 

ROME was at first governed by kings, not of absolute 
power nor hereditary, but limited and elective. They 
had no legislative authority, and could neither make war nor 
peace without the concurrence of the senate and peqple,^ 
Jfianys. iu 13. SaUust. Catilm. 6. # 



KiKGS. 11$ 

The kings of Rome were also priests, and had the chief 
direction of sacred things, Dionys. ii. 14. as amcxig the 
Greeks. V^g.Mn. iii.80. Cic. Dwin. L 40. 

The badges of the kmgs were the Trabea^ i. e. a white robe 
adorned with stripes of purple, or the toga pr^texta^ a white 
robe fringed with purple, a golden craum^ an ivory sceptre^ 
the ^eUaeundU^ and twehe tictars^ with iS^fasccs and jecw- 
res^ i, e. carrying each of them a bundle of rods, with an axe 
stuck in the middle of them. 

The badgesof the Roman magistrates were boirowedfrom 
the Tuscans, lao. i. 8- Flor. i. 5. SalL Cat. 51. fin. Dianys^ 
iii. 61. StraL v. p. 220. 

According to Pliny, Romulus used only the trabea. The 
$ogapratexta was introduced by TuUus Hostilius, and »lso 
the lattu cloGUs^ sAer he had conquered the Tuscans, Plin. 
ix. 39. s. 63. viii. 48. s. 74. * 

The regal government subsisted at Rome for 243 years 
under seven kings, Romulus^ Numa Pampilius^ Tullius Hos- 
Hiius^ Ancus Marcius^ L. Tarquinius PrisctiSn Sennas TuU 
Uusn and L. Tarquinius^ simamed SUPERBUS from his 
behaviour ; aU of whom, except tlie last, so reigned, that thcy^ 
are justly thought to have laid the foundations of the Roman 
greatness, Liv. ii. 1. Tarquin being universally detested for 
hb ts^ranny and cruelty, was expelled the city with his wife 
and family, on account of the violence offered by his son 
Sexgis to Lucretia, a noble lady, the wife of Collatinus*. 
This revolution was brought about chiefly by means of L. 
Junius Brutus. 

The haughtiness and cruelty of Tarquin inspired the Ro- 
mans with the greatest aversion to regal government, which 
they retained ever afterwards. Hence r^gie facere^ to act 
tyrannically, regxi spiritus^ regia superbiay &c. 

The next in rank to the king was the TRIBUNUS, or 
PR^FECTUS CELERUM, who commanded the horse 
under the king, as afterwards the magister equitum did under 
the dictator. 

When there was a vacancy in the throne, (INTERREG- 
NUM), which happened for a whole year after the deaih of 
Romulus, on account of a dispute between the Romans and 
3abifles, about the choice of a successor to him, the senators 



116 ROMAN ANTIQUITIES. 

shared the government among themselves. Thejr appdnted 
one of their number, who ^u>old havethe thief direction of 
affairs, with the title of INTERREX, and all the ensigns of 
royal dignity for the space of five days ; after him another, 
and then another, tiH a king was created, lAv. u 17. Dionys* 
ii. 57. 

Aftertrards under the republic an interrex was created to 
hold the electicRis when there were no consuls nor dictator, 
Lio. iii. 55. which happened either by their sudden death, or 
when the tribunes of the commons hindered the elections 
by their intercession, Liv. vi. 35. 

ORDINARY MAGISTRATES. 
I. CONSULS. 

1. The fim CreoHon^ differ ehlviimes, and^bad^B of 

CONSULS. 

AFTER the expulsion of the kings, A. U. 244, two su- 
preme magistrates were annually created with equd 
authority ; that they might restrain each other, and not be- 
come insolent by the length of their command, Cic* post 
red. in Sen. 4. Entropy i. 9. 

They were anciently called PRiETORES, Lw. in. 55. 
Festus ; also Imperatores, SaliusU Cut. 6. or JUDICES, 
Varro de Lat. Ling. v. 7. Liv. iii. 55.* aftei wards CONSU- 
LES, either from their consulting for the good of the ^e, 
(a consulendo reipublica)^ Flor i. 9. or from consulting the se^ 
nate, (a consulendo senatum)^ Cic. de Legg. iii, 3. and peo^e^ 
Farr. L. L. iv. 14. or from their acting as judges, (ajudi* 
cando)y Quinctilian. i. 9. From their possessing supreme 
command the Greeks called them-rnAToi. 

If one of the consuls died, another was substituted (subro^ 
gatus vel suffectus est\ in his room for the rest of the year ; 
but he could not hold the comitia for electing new consuls, 
Liv. xli. 18. 

The insignia of the consuls were die same with those <rf 
the kings, except the crown ; namely, the toga pr^texta^ 
sella curulis, the sceptre or ivory staff, (scipioebumeus)^ and 
twelve lictors with ibt/asees and secures. 

Within the city the lictors went beforeonly one of the con*. 
Bvji^f Liv. n» I. and that commonly for a month alternately 



CoirsuLs. 117 

menmius €kermt\ A public servaat cftHed aceensui^ went 
befble theolhet consul/andthe lictors followed ; which cus- 
tom, after k had been lofig disused, Julius Caesar rest<»^ 
io his first consuidUp, Saet. Jul. 20. He who was eldestt 
or bad most children, or who was first elected, or had most 
stifiirages, had die^^c^j first, Gell. iu 15. Iav. ix. 8. Ac* 
cordins: to Dionyaius the lictors at first went before both 
consuls^ and were restricted to one of them by the law of 
Valerius Poplicola^ hb. v- 2. We read in Livy, of 24 lictors 
attending the ocmsub, ii. 55. but tliis must be understood 
without the city. . 

2. The Power of the COaSVLS. 

As die consuls at first had almost the same badges with 
the kings, so they had nearly the same power, LiV' ii. 1» 
But Valerius, called FOVLICOLA, {a populo colemio), 
took away the sccuris from the fasces^ {securim fascibus 
ademt\ u e* he took fron» the consuls the power of life and 
death, and only left them the right of scourging, at least with* 
in the city, IHonys. v. 19. for without the city, when invest* 
ed with military command, they still retained the securisf 
u e. the right of punishing capitally, Liv. xxiv. 9. Di&nys* v. 
59. 

When the consuls commanded difierent armies, each of 
them had tht /asces and secures ; but when they both com- 
manded the same army, they commonly had them for a 
<ky alternately, (aliemis imperitabant)^ Liv* xxii. 41. 

Popkcaia likewise made a law, granting every one the li- 
berty of appealing from the consuls to the people ; and that 
no magistrate should be pennitted to punish a Roman citi* 
sen who thus appealed, Liv. ii. 8. which law was after- 
wffiids once and again renewed, and always by persons of 
Valerian family, Id. iii. 55. x. 9. But this privilege was al. 
so enjoyed under the kings, Liv* i. 26. viii. 35. 

Poplicola likewise ordained, that when the consuls came 
into an assembly of the people, the lictors should lower the 
fasces 'vt token of reelect, JUv. ii- 7. and also that whoever 
usurped an office without the consent of the people, might , 
be slain with impunity, Dionys. v. 19. But the power of 
the Gon^il3i was chiefly dim'mished by t}ie creation of the 



118 ROMAN ANTIQUITIES. 

tribunes of the commas, who had a ri^t to give a ncga^ 
tive to all their proceedings, (ommbus actis interceder^^^ 
Still, however, the power of the consuls was very ffeat : and 
the consulship was considered as the summit of all po- 
p\ihrpre(trment^ihomrumpoputi^nis)^C\c. pro Plane. 25. 

The consuls were at the head of the whole r^ublic, Cic, 
proMur.SS. All the other magistrates were subject to thetn 
except the tribunes of the commons. They assembled ibt 
people and the senate, laid before th^n what they pleased, 
and executed their decrees* The laws which they pr(4>osed 
and got passed, were commonly called by their name. 
They received all letters from the governors of provinces, 
and from foreign kings and states, and gave audience to.am* 
bassadors. The yesur was named after them, as it used to 
be at Athens from one of the Archons, Cic. de Fat. 9. 
Thus, M. Tuliio Cicerone et L. Ant&nio ConsuUbuSj mark«* 
^ the 690th year of Rome. Hence numerate mtdtas can^ 
sules^ for annos^ Sen. £p. 4. JBiBJam pane tibi consul trU 
gestmus instate You are near sixty years old, Martial. L 16. 
3. And the consuls were saidjiperire annum, /astosque 
reserarey Plin. Pan. 58. 

He who had most suSrag^was called CONSUL PRIOR, 
2XiA his name was marked first in the calendar, {in fastis). 
He also had ^fasces first, and usually presided at the Sec- 
tion of magistrates for the next year. 

Every^body went out of the way, uncovered their heads, 
dismounted firom horseback, or rose up lo the consuls as 
they passed by, Sen. Ep. 64. If any one failed to do so, 
and the consul took notice of it, he was said to order the lie- 
tor ANIM AD VERTERE, Liv. xxiv. 44. Suet. Jul 80. 
Acilius die consul ordered the curule chair of Lucullus the 
Prator to be broken in pieces, whtai he was administ^ng 
justice, because he had not risen up to him, when passing 
by, Z)w. xxxvi- 10.&24. When a Prstor happened to 
meet a consul, his lictors always lowered their fasces, Dio^ 
nys. viii. 44. 

In the time of war the consuls possessed supreme com- 
mand. They levied soldiers, and provided what was ne- 
cessary for their support. They appointed the militaiy 
tribunes, or tribunes .<^ the. legions, (in part ; fac part wm 



CoirsvLs* 119 

cwiatel by the people. See Lex AttiliaX Ae centurions, and 
other officers, Cic. de Legg. iii. 3, Polyb. vi. 34, 

The consuls had command over the provinces, Cic. PkiL 
iv. 4. and could, when authorized by the senate, call per- 
sons from thence to Rome, iRamam evocare excire^ v- oc- 
cire)^ and puni^them, Cic. in Verr. i* 33. Lw. iii* 4. xxix« 
15. They were of so great authority, that kings, and for- 
eign nations, in alliance with the republic, were considered 
to be under their protection, Cic. pro SexU 30. 

In dangerous conjunctures the consuls were armed with 
absohite power by the solemn decree of the senate, Ut vi- 
r»£R£NT, vcIDakent operam, &V/ Liv. iii. 4. vi. 19. 
Seep. 24* In any sudden tumiUt or sedition, the consuls 
Called the citizens to arnrs in this form : Qtri aempubli- 

CAM SALVAlf ESSE VELIT, 1£E SEqUATUHy Oc. prO Ba* 

bir. 7- Tusc. Quasi, iv. 23. 

Under the emperors the power of the consuls was reduced 
to a mere shadow : their office was then only to consult the 
senate, and lay before them the ordinances (placita) of th& 
emperors, to appoint ttitors, to manumit slaves, to let the 
public taxes, which had formerly belonged to the censors, 
Ovid. Pant* iv. 5. 18. &f Ep, ix. 47. to exhibit certain pub- 
Uc games, and shows, which they ako sometimes did under 
the republic, Cic. Off. ii. 17. to mark the year by dieir name^ 
fco. "They retained, however, the badges of the ancient con- 
suls, and even greater external pomp. Fcm* they wore the 
toga picta or palmaia^ and had their fasces wreathed with 
lauxel, which used formerly to be done only by those who 
triumphed. They also added the securis to iht/asces^ 

3. The day an which the CONSULS entered an their Office. 

In the begmning of tl^ republic the consuls entered on 
their office at different times ; at first on the 23d or 24th 
February, (VII. vel VI. Kal. Mart.) the day on which Tar. 
quin was said to have been expelled, Otmi. Fast, iu 6S5. 
which was held as a festival, and called REGIFUGIUM, 
Fe$tus: afterwardson the first (^August, (ifb/. Sext.) which 
was at that time the beginning of the year, (L e. of the cm- 
sukoTy not of the civil yezTj which always began with Janua- 
rt)f Liv^ iiii 6«. la the tune of the Decemviri^ on the 15th of 



ItO ROMAN ANTIQUITIES- 

May, (Id. Mah\ Id. 36. About fifty years afta*, on the ISth 
December^ {Id. Decemb,) Liv. iy. 37. v. II. Then on the 
first of July, {KaL QuinctiL) Liv. v. 32; viii. 20. whfch con- 
tinued till near the beginning of the second Punic war, A. U. 
530, when the day came to be the 15th Marcb^ (/rf. Mart.} 
At last, A. U. 598, or 600, (Q. Fulvio &? T. Armio Coss.) 
it was transferred to the first of January, (in KaL Jan.) which 
continued to be the day ever after, (DLES SOLENNIS 
magistratibus ineundU)^ lAv. Epit. 47. Ovid. Fas*, i. 81. 
ui. 147. 

After this the consub were usually elected about the end 
of July or the beginning of August. From their election to 
the 1st of January, when they entered on their office, they 
were called CONSOLES DESIGNATI ; and whatever 
they did in public affairs, they were said to do it by their 
authority^ not by \i\t\t power: (Quodpot^tzi^nam^mpoi^* 
rat^ obtinuit auctoritate), Cic. in Pis. 4. Sext 32. They 
might however propose edicts, and do several other tbiogs 
pertaining to their office, Dio. xL 66. Amcoig other honours 
paid to them, they were always first asked their c^inion in 

the Senate. See p. 12. The interval was made so long» 

that they might have time to become acquainted with what 
pertained to their office ; and that enquiry might be made, 
whether they had gained their election by bribery. If they 
jvere convicted of that crime upon trial, tiiey were deprived 
of the consulship, and their competitors, who accused thera« 
were nominated in their place; Cic. pr& SyU. 17. & 32. 
They were also, besides being fined, declared incapable of 
bearing any office, or of coming into the senate, by the CW- 
purnian and other laws,. Cic. pro Cornel Muren. 23, &c as 
happened to Autronius and Sylla, Sail. Cat. 18. Ciccra 
made the punishment of bribery still more severe by the 
Tullian law, which he passed by the authority of the senate, 
with the additional penalty of a ten years' exile, pro Murm. 
32. in Fattn. 15. pro Sext. 64, 

The first time a law was proposed to the people concern^ 
jng bribery was A. U. 397, by C. Psetillius, a tribune of the 
commons, by the authority of the senate, (auctoribus patri- 
bus; ut novorum tnaxime Iwminum ambitio, qui nuntSnas ei 
canciUabula obirc soUti crant^ comprimeretur)^ Liv. vii. 1S» 



Consuls, 121 

On the first of January the senate and people waited on the 
new consuls {salutabani)^ at their houses, (which in after 
times was called OFFICIUM, Plin. Ep. ix. 37.) whence 
beijig copducted with great pomp, (which was called PRO- 
CESSUS CONSUL ARTS), to the capitol, they offered up 
their vows, ivota nuncupabant)^ and sacrificed each of them 
an Qx to Jupiter ; and then began their office, ymunus suunt 
auapicabantur)^ by holding the senate, consulting it about 
the appointment of the Latin holidays^ and about other 
things concerning religion, Ovid. Pont, iv, 4. & 9. Liv. xxi, 
63. xxiL 1. XXVI. 26, Cic. post red. ad Qmr. 5. RuU. ii. 34« 
Hio. Fragm. 120. Within five days they were obliged to 
swear to observe the laws, Liv. xxxi. 50. as they had done 
when elected, Plin^ Pan. 64. 65. And in like manner when 
they resigned their office, they assembled the people, and 
made a speech to them about what they had performed in 
their consulship, and swore that they had done nothing a- 
gainst the laws, ibid. But any one of the tribunes might hin- 
der them from making a speech, and only permit them to 
swear, as the tribune Metellus did to Cicero, 2)/o. xxxvii^ 
38. whereupon Cicero Instantly swore with a loud Voice^ 
thatbehad saved the republic and the city from ruin : which 
the whole Roman people confirmed with a shout, and with 
ooe voice cried out, that what he had sworn was true ; and 
then ctHiducted him from the forum to his house with eve- 
ty demonstration of respect, Cic. in. Pis* 3. JEp. Fam. v. 2« 

4. The Provinces of the CONSULS. 

Dtj R 1 N G the first days of their office the Consuls cast lots^ 

or agreed among themselves about their provinces ; {pro* 

vmcias inter se sortiebantur^ aut parabant^ vel comparabpnt^ 

pravineias partiti sunt), Liv. ii. 40. iii. 10. 22. 57. et alibi 

passim* 
A province (PROVINCIA), in its general acceptation^ 

b metaphc^ically used to signify the office or business of any 
one, whether private or public ; thus, Geta, provinciam . 
e&pisti duramy Ter. Phorm. i. 2. 22* So Heaut. iii. 2. 5* 
Before the Roman empire was widely extended, the pro- 
vince of a consul was sin\ply a certain charge assigned him ; 
as a war to be carried on^ &c* or a certain country in which 

S 



12^ ROMAN ANTIQUITIES. 

4 

he was to act during; his consulship, Lio. ii- 40. 54. 58. 
iii. 10. 22, 25. v. 32. vii. 6. 12. viii. 1. 29. ix. 41. x. 12- 
xxvi. 29. xliii. 14. £s? 15. Flor. i. 11. 

Anciently these provinces used to be decreed by the sen- 
ate after the consuls were elected, or had entered on their 
ofEce, Uv. xxxii. 8. xxxiii. 29. et alibi passim. Sometimes 
the same province was decreed to both consuls, Id. x. 32* 
xxxiv. 42. xl. 1, &c. Thus both consuls were sent against 
the Samnites, and made to pass under the yoke by Pontius» 
general of the Samnites, at the Furca CatuRn^^ Liv. ix. 1^ 
&c. So Paulus iEmilius and Terentiiis Vurro were sent 
ngainst Hannibal, at the battle of Canqae, Id. xxii. 40* & 
xxV. 3. xxvii. 22, &c. 

But by the Sempronian law, passed by C. Semproniuft 
Gracchus, A. U. 631, the senate always decreed two pro* 
vinces for the future consuls before their electicxi, Cic. pro 
Dom. 9. de Prav. Cons. 2: Scdl. Jug. 27. which they, after 
entering on their office, divided by lot or agreement, {swte 
Vfil comparatione partiti sunt) . In latter times the province 
of a consul was some conquered country, reduced to the 
form crfa province, (see p. 76.) whichr each consul, after the 
expiration of his office, should command y for during the 
time of their consulship they usually remained m the city. 
H(^nce Cicero says. Turn bella getere nostri duces inciptunt^ 
€um ausptcia^ i. e. consulatum etpraturam^ posuerunt^ Nat. 
D. ii. 3. For proprietors and proconsuls had not the right of 
taking the auspices, iauspicta non habebani), Cic. Divin. ii« 
36. 

The provinces decreed to the consuls, were called PRO- 
VINCI.SCONSULARES; to theprators, PRiETO- 
mJE. 

Sometimes a certain province was assigned to some one 
of the consuls ; as Etruriato Fabius, both by the decree 
of the senate, and by the order of the people, Uv. x. 24. 
Sicily to P. Scipio, xxviii. 38. Greece, and the war against 
Antiochus, to L. Scipio, by tlie decree of the senate, /A 
xxxvii. 1. This was said to be done extra ordtnem^ extra- 
tortem vel sine sorte, sine comparatione. Id. iii. 2. vi. 

It properly belonged to the senate to determine the pro- 
Tincea of the consuls and prsetcHna. In appointing the pro^ 



s Consuls. 121> 

Tinces of the pr^tors, the tribunes might interpose their nc- 
Sative, but not in those of the consuls, Cic. de Prav. Cons, 
8. Sometiines the people reversed what the senate had de- 
creed concerning the provinces. Thus the war against Ju- 
S\utha, which the senate had decreed to Metellus, was giv- 
-cn by the people to Marius, SaU* Jug. 73. And the at- 
tempt of Marius, by means of the tribune Sulpicius, to get 
the command of the war against Mitbridates transferred 
from Sylla to himself by the suffirage of the people, ave oc- 
casion to the first civil war at Rome, Plutarch, in Mar. 6? 
SylL Appian. de BelL Civ. 1. and in fact gave both the oc- 
casion and the example to all the rest that followed. So 
when the Senate, to mortify Caesar, had decreed as provin- 
ce? to him and his collei>gue Bibulus, the care of the woods 
2Sid TosdSj Suet. Jul. 19. Csesar, by means of the tribune 
Vatinius, prociu*ed from the people, by a new and extraor^ 
dinary laWt the grant of Cisalpine Gaul, with the addition 
of Illsnricum, for the term of five years. Ibid. 22- Cic. pro 
Dam. 9. in Vatin. 15. and s^xm after also Transalpine Gaul 
from the senate, Suet. ib. Dio. xxxviii. 8. which important 
command was afterwards prolonged to him for other five 
years by the Trebonian law, Liv. Epit. 105. Cic. de Prcfu. 
Cons. 8. Epist. Fam. \» 7. (See page 24».) 

No CMie was allowed to leave his province without the 
permission of the Senate, Liv. xxix. 19. which regulation^ 
however, was sometimes violated upon extraordinary oc» 
casions, Zav. x. 18. xxvii. 43. 

If any one had behaved improperly, he might be recalled 
from his province by the senate : but his military command 
could only be abolished (abrogari) by the peojrfe, Liv. xxix. 

The senate might order the consuls to exchange their 
provinces, Liv. xxvi. 29. and even force them to resign their 
command, Id. v. 32. 

Pompey in his third consulship, to check bribery, passed a 
law that no one should hold a province, till five years after 
die expiration of his magistracy, Dio. %l. 46. and that for 
tliese five years, while the consuls and praetors were disqua-r 
lified, th« senators of consular and praetorian rank, who had 
never held any foreign command, should divide the vacant 



124 ROMAN ANTIQUITIES. 

provinces among themselves by lot. By which law the gtu 
virnment of Cilicio fell to Cicero against his will, Cic. Ep^ 
Fam. iii. 2, Caesar made a law, that the prjetorian provin* 
ces shouH not be held longer than a y^ar, nor the consular 
more than two years. But this law, which is much praised 
by CicelSo, was abrogated by Antony, Cic PhiL i. 8, 

S. From what Order the CONSULS «/<?r<? created. 

Th e consuls were at first chosen only from among the pa- 
triciuns, but afterwards also from the plebeians. This im- 
portant change, althoughin reality owing to weightiercauses, 
was immediately occasioned by a trifling circumstance, M. 
Fabius Ambustus, a nobleman, had two daughters, the elder 
of whom was married to Sulpicius, a patrician, and the 
younger to C. ^icinius Siolo, a plebeiau. While the latter 
was one day visiting her sister, the lictor of Sulpicius, who 
was then military tribune, happened to strike the door with 
his rod, a^ was usual when that magistrate returned home 
from the fofUm. The younger Fabia,^ unacquainted with 
that custom, was frightened at the noise, which made her sis- 
ter laugh, and express surpri^ at her ignorance. This stung 
her to the quick ; and upon her return home she could not 
conceal her uneasiness. Her father seeingiier dejected, a^- 
ed her if all was well ; but she at first would not give a di- 
rect answer : and it was with difficulty he at last drew from 
her a confession, that she was chagrined at being connected 
with a man who could not enjoy the same honours with her 
$ister's husband. For although it had been ordained by law, 
that the military tribunes should be created promiscuously 
from the patricians and plebeians, Iav. iv. 6. yet for forty- 
four years after their first institution, A. U. 311. to A. U* 
i355. no one plebeian had been created, Liv. v. 12. vi. 37. 
and very few afterwards, Liv. v. 13. 18. vi. 30. Ambustusi^ 
therefore, consoled his daughter with assurances, that she 
^ould sooti see the same honours at her own house, which 
^e saw at her sister^s. To effect diis, he concerted mea- 
sures with his son-in-law, and one L. Sextius, a spirited 
young man of plebeian rank, who had ^very thing but birth 
to entide him to the highest preferments. 

Licinius and Sextius being created tribunes ofthe com^, 
nxms, Im^ vi* 35. fpl themselves continued in that office 



CoNsuLsr 125 

for ten years, ibid. 42. for five years they suffered no curule 
magistrates to be created, ibid. 35. and at last prevailed to 
get one of the consuls created from among the plebeians, 
lind. 42. 

L.. SEXTIUS was the first plebeian consnl, Xfr. vii. 1. 
and the second year after him, C. Licinius Stolo, ibid. 2. 
from whom the law ordaining one of the consuls to be a ple- 
beian, was called LEX LICfNIA, tbid. 21. Sometimes 
both consuls were plebeians, /</. xxiii. 31# which was early 
allowed by law, vii. 42. But this rarely happened ; the pa* 
tricians for the most part engrossed that lionour, Liv. vir. 
18. 19. eta/tbi passim. Sail. Jug. 63. Or. in Bull. ii. 1. The 
Latins once required, that one of the consuls should be cho. 
sen from atnong them, Liv. viii. 4. & 5. as did afterwards 
also the*people of Capua, Id. xxxiii. 6. but both these de- 
mands were rejected with disdain. 

The first foreigner, who obtained the consulship, was 
Comefius Balbus, Plin. viii. 43. s. 44. Ft^lL ii. 51. a native 
of Cadiz ; who became so rich, that at his death, he left each 
of the citizens residing at Rome, 25 drachmi^y or denarii^ i. e, 
16^. Irf. Zq. steiiing, Dio. xlviii. 32. 

6. The LfCgal Age^ and other Requisites for enjoying the 

Consulship. 

The legal age for enjoying the consulship (iEtas CON- 
SUL ARIS) was forty-three, Cic. Phil. v. 17. and whoever 
was made consul at that age, was said to be made in his 
own year, {sm annp)y Cic- in Rull. ii. 2. 

Before one could be made consul, it was requisite to have 
gone through the inferioi%fiices of qusestor, jedile, and prae- 
tor. It behoved candidates for this office to be present, and 
in a private station, Gsce p. 91.) : and no one could be cre- 
ated consul a second time till after an»interval often years, 
Uv. vii. 42* X. 13. 

But these regulations were not always observed. In an- 
cient times there seem to have been no restrictions of that k md, 
and even after they were made, they were often violated. 
Many persons were created consuls in their absence, and 
without asking it, Cie. Amic. 3. and several below the legal 
agej thus, M* Valerius Corvus at twenty-three, Liv. vii. 26. 



126 ROMAN ANTIQUITIES. 

Scipio Africanus the elder, at twenty-eight, /ct xxy. 2. 
xxvi. 18. xxviii. 38. and the younger at thirty-eight^ Id. 
Epit. xKx. T. Quinctius Flaminius, when not quite SO, 
Plutarch. Eompey, before he was full thirty-six yearb old 
( jEjc iS. C legibus sotutus consul ante Jiehaty quam uUum 
magistratum per leges capere licuisset^ i. e. before by law he 
could be made sedile, which was the first office properly call- 
ed Magistratusy although that title is often applied also to 
die quaestorship and tribuneship, Cic. pro leg. Manil. 21.) 

To some the ccHisulship was continued for sevenil years 
without intermission ; as to Marius, Liv. Epit. 67. who was 
seven times consul, and onCe and again created in his absence, 
ibid, et 68. &* 80. Several persons were made consuls with- 
out having previously borne any curule office, Liv xxv. 42. 
xxxii. 7. Dio^ xxxvi. 23. Many were re-elected Avithin a 
less interval than of ten years, Liv. passim. And the refu- 
sal of the senate to pemiit Csesur to stand candidate in his 
absence, or to retain his province, gave occasion to tl>e ci- 
vil war between him and Pompey, which terminated in the 
entire extinction of liberty, Cas* de deU. civ.i. 2. &? 3. 

7. Alterationsin the Condition of the CONSULS under the 

Emperors. 

Julius C-^sar reduced tlie power of the consuls to a 
mere name. Being created perpetual dictator, Suet. 76. all 
the other magistrates were subject to him. Although the 
usual form of electing consuls was retained, he assumed the 
nomination of them entirely to himself, Cic. Phil. ii. 32. Su- 
et. Jul. 41. £s? 76. He was dictator and consul at the same 
time, Dio. xliii. 1. as Sylla had bcM before him ; but he re- 
signed the consulship when he thought proper, and nomina-. 
ted whoni he chose to succeed him. When about to set out 
against the Pardiians, he settled the succession of magistrates 
for two years to come, (Consules et tribunos plebis in bien- 
nium, quos voluit) Cic. Att. xiv. 6. Dio. xliii. 51, He in- 
troduced a custom of substituting consuls at any time, for 
a few months or weeks ; sometimes only for a few days, or 
even hours, Lucan. v. 397. Suet. Jul. 76. Cic. Fam. vii. 
30. Dio. xliii. 36. that thus the prince might gratify a great- 
cr nutnber with honours. Under Commodus, there were 
twenty.five consuls in one year, Ztamprid. 6. The usual 



Consuls. 127 

numberin a year was twelve. But the consuls who were ad- 
mitttxJ on the fin>t day of January, gave name to the year, 
and had the tide of ORDINARII, the others being styled 
SUFFECTI, or Mncn^es, Dio. xIviiL 35. 

The consuls, when appointed by the emperor, PHn. Ep. 
ix . 13. did not use any canvassing, but went through almost 
the same formalities in other respects as under the republic, 
Plin. Pan. 63, 64, 65, 69, 77, 92. In the first meeting rfthe 
senate after their election, they returned thanks to the empe- 
ror in a set speech, Plin. Ep. iii. 13, 18. Paneg. 2, 90, 91^ 
93 . when it was customary to expatiate on his virtues ; which 
was called HoiroRE,i^/iN.HONORUM principis cense- 
R E , //. Pan. 54. because they delivered this speech, when 
they were first asked their opinion as consuls elect, (Seep^ 
12. i^PHn. Ep. vi. 270 Pliny afterwards enlarged on the ge- 
ral heads, which he used on that occasion, and published 
them under the name of PANEGYRICU S (i. e. x.y^ ^w- 
y»e/M( oratio in conventu habita^ a »*»«yflc«' conventus^ Cic. 
Att. i. l^.\Ncrv<c Trajano Augusta dictus. 

'JJnder the emporors there were persons dignified merely 
with the title, without enjoying the office of consuls, (CON- 
SULES HONORARII) ; as, under the republic, persona 
who had never been consuls or prsetors, on account of some 
pub&o service, obtained the right of sitting and speaking in 
the senate, in the place of ttose who had been consuls or 
prstors, (Joco consulari \tl pnetorio^ Cic. PliiL i. 6. v. 17. 
Liv. Epit. 118.) which was called auc^onVo^ vel sententia 
consularis aut prtttoria^ Cic. in Vatin. 7. in Balb. 95. So 
AUectus inter praiorios^ Plin. Ep. i. 14. Pallanti senatus 
ornamenta pratona decrevity Id. vii. 29. viii. 6. 

Those who had been consuls were called CONSUL A- 
RES, Cie. Fam^ xii. 4, 8tc. as those who had been proe. 
tors, were called PR^TORII; «dUes, ^DILITp; 
quastois, QUiESTORlI. 

Under Justinian, consuls ceased to be created, and the 
year^ of consequence, to be distinguished by their name, A* 
U. 1293. But the emperors, still ^continued to assume that 
offide the first year of their sovereignty • Constantine created 
two consuls annually ; whose oiEce it was to exercise su- 
preme jurisdiction, the one at Rome, and the other at Con% 
stantinopfe* 



12« ROMAN ANTIQUITIES* 

11. PRiETORS. 

I. Institution and Poiver of t he FRMTORi 

THE name of PR^'ETOR dsguipneitjure et exercitu^ 
VaiTO o^c*^y^)j was anciently common to ail the ma- 
gistrates, Liv^ iii. 55. Ascon. in Cic. Thus the dictator is 
called Pr^tor maximus^ Liv. vii. 3, But when the consuls, 
being engaged in almost continual wars, could not attend to 
the administration of justice, a magistrate Was created for 
that purpose, A. U. 389, to whom the name of PILETOR 
was. thenceforth appropriated. He was at first created only 
from among the patricians, as a kind of compensation for 
the consulship being communicated to the plebeians ; but 
afterwards, A. U« 418^ also from the plebeians, Liu. viii. 
15. The pr«tor was next in dignity to the consuls, and vvas 
created at the Comitxa Centuriata with the same auspices as 
the consuls, whence he was called their colleagtte^ Liv. vii. 
1. viii. 32. Gell. xiu. 14. Plin. Pan. 77. The first pnetor 
was Sp. Furius Camillus, son to the great M. Furius Ca- 
milius, who died the year that his son was pr^tor, Lw. viL^. 

When one prater w^as not sufficient, on account of the 
number of foreigners who flocked to Rome, another prsctor 
was added, A. U. 510, to administer justice to them, or be- 
tween Citizens and thtm, iqui ititer cives Romanos etpere* 
grinosjus diceret, Liv. Epit. xix. — xxii. 35.) hence (^Icd 
PRiETOR PKREGRINUS, 

The two pr«tors, after their election, determined by cast- 
ing lots, wliich of the two jurisdictions each should exer- 
cise. 

The prator who administered justice only between citi- 
zens was caUed PR^TOR URBANUS, and was more 
.honourable ; whence lie was called Pe^tor honoratus, 
Ovid. Fast. i. 52, Major, Festus^ in voce Majok Cow- 
suL ; and the law derived from him and his edicts is called 
JUS HONORARIUM. In the absence of the consuls he 
supplied their place, Xwtt«i/5 consular esustinebat), Cic. Fam. 
10. 12. He presided in the assemblies of the people, and 
might convene the senate ; but only when something new 
happened, Cic. Fam. xii. 28. He likewise exhibited certain 
public games, as, the LudzApolUnaresy Liv- xxvii. 23. the 



Circensian and Megaknsian games, Jtwenal. xi. 192. and 
therefore had a particular jurisdiction over players, and such 
people ; atleastunder die emperors, Tadt. Ann. L 77. When 
there was no censor, he took care, according to a decree of 
the senate, that the public buildings were kept in proper re« 
pair, {sarta tecta exigebat)^ Cic. in Verr. !• 50. On account 
of these important offices he was not allowed to be absent 
from the city above ten days, Cic. PhiL ii. 13. 

The power of the pr»tor in the administration of justice 
was expressed in these three words, DO, DICO, ADDL 
CO. Prator dab at actionem etjudices ; the preetor gave 
the form of a writ for tiying and redressing a particular 
vnonz complained of, and appointed judges or<a jury to 
Judge in the cause ; dice bat jus^ pronounced sentence; 
AD DICE BAT 60110 vd damna^ adjudged the goods of the 
debtor to the creditor, &c. 

The days on which the prastor administered justice were 
called DIES FASTI, (a fando, quodiis diebushac tria ver-^ 
6a £tri Ueebai). Those days on which it was unlawful to 
administer justice, were called NEFASTI. 

lUevztA^TUs erii^per quern tria vznBAsilentur : 
Fastus erit^ per quern lege licebit agi. 

Ovid. Fasti. 47. 

2. EDICTS of the PRiETOR. 

The Prater Urbanus when he entered on his office, after 
Imving sworn to the observance of the laws, published an 
edict (ED ICTUM), or system of rules iFormula\ accord*^ 
ing to which he was to administer justice for that year ; 
whence it is called by Cicero, LEX ANNUA, Cic. in 
Verr. L 42. Having summoned an assembly of the pco- 
pk, he publicly declared (EDICEB^T) from the Rostra, 
{cum in concianem adscendissetX what method he was to ob« 
serve, {qua observaturus esset), in administering justice, 
Cic. de Fin^ ii. 22. This edict he ordered not only to be 
recited by a herald, Plant, in prolog. Penult. 11. but also 
to be publicly pa^ed up in writing, (Scrip turn in ALBO, 
(L e. m tabula dealbata, vel, ut alii dicunt, albis Uteris nota- 
ta)jpublicepropomj unde de PLANO, (i. e. de humo), rec^ 

T 



ISO ROMAN ANTIQUITIES. 

te legi posset) ; in large letters, {Uteris majusculis^) Suef^ 
Calig. 41. These words used commonly to be prefixed tOr 
the edict, BONUM FACTUM, Suet.JuL 80. ViteU. 14. 
Plauu ibid. 

Those edicts which the praetor copied from the edicts of 
his predecessors, were csdl^ TRALATITIA j those which 
he fra'med himself, were called NOVA ; and so any clause 
or part of an edict, CAPUT TRALATITIUM vd NO- 
VUM, Cic. in Verr. i. 45. But as the praeiOT often, in the 
course of the year, altered his edicts through favour or en- 
mity, Cic. in Vert. i. 41. 46. this was forbidden, first by a 
decree of the senate, A. U. 585. and afterwards, A. U- 
086. by^ a law which C. Cornelius got passed to the great 
q^ence of the nobility, Ut PkiETOREs ex edictis scris 
PERPETUisr JUS DicERENT, i. e. That the prs&tors, iu ad- 
ministering justicc, should not deviate from the form which 
they prescribed to themselves in the beginningof their office, 
Ascon* in Orat. Cic. pro Com. — Dio. Cass* 36. c. 22. &? 
23. From this time the law of the praetors, CjusVBJE^ 
TORIUM) became more fixed, and lawyers began to study 
their edicts with particular attention, Cic. de Legg. i. 5- 
some also to comment on them, OeU. xiii. 10. By order of 
the Emperor Hadrian, the various edicts of the praetors were 
collected into oiie, and properly arranged by the lawyer Sal- 
vias Julian, the great grandfather of the Emperor Didius 
Julian ; which was thereafter called EDICTUM PER- 
PETUUM, or JUS HONORARIUM, and no doubt was 
of the greatest service in forming that famous code of the 
Roman laws called the CORPUS JURIS, compiled by 
^rder of the Emperor Justinian. 

Besides the general edict which theprsetor published when 
he entered on his office, he frequently published particular 
edicts as occasion required, (Etoicx a peculiaria et 
REPENTiK a), Cir. inFeir. iii. 14. 

An edict published at Rome was called EDICTUM 
URBANUM, ibid.A^. in the provinces, PROVINCIA- 
LE, ibid. 46. Siciliense^ 45, &c. 

Some thmk that the Praetor Urbanus only published an 
annual edict ; and that the Prator Peregrinus admmistered 
Justice, citfier according to it, or according to the law of na- 



PRi£TO&S» ISl 

Use and nations. But we read also of the edict of the Prs. 
tor Peregrinus, Cic. Fam. xiii. 59. And it appears that \s\ 
certain cases he might even be appealed to. fen* relief against 
the decrees of the Fr/ctor Urbanusy Cic. Verr. i. 46. Ascon. 
in Cic. Cas. dc BelL Civ. iii. 20. Dio. xlii. 22. 

The other magistrates published edicts as well as the prae« 
tor % the kings» Iav. i. 32. &P 44. the consuls, Lw. ii. 24« 
viii« 6. the dictatcx*, Liv. ii. 30. viii. 34. the censor, Liv. 
xliii. 14. Nep. in Cat, 1. Gell. xv. 11. the curule adiles, 
Cic. PfttL ix. 7. PlauL Captiv. iv. 2. 43. the tribunes of 
the commons, Cmt. in Verr. ii. 41. the qusestors, ibUd. iii. 7. 
Sotheprovindial magistrates, Cic. Epist. passim; and im- 
der the emperors, the pra^fect of the city, of the prxtorian 
ccAorts, &C. So likewise the i»riests, as the pontijices and 
deceramri sacrorum^ Liv. xl. 37. the augurs, Valer. Max. 
viii. 2, 1. and in parBcular, the pontifex maximust Tacit. 
Hi8t.ii. 91. GeU. ii. 28. All these were called HONORA- 
Tl, Liv. XXV. 5. Ovid. Pont. iv. 5. 2. or Honore honestati^ 
SalL Cat. 35. hononbus honorafi^ Vellei, ii. 124. honore vel 
hanoribus usiy Flor. i. 13. Cic. Flacc. 19. and therefore the 
law whieh was derived from their edicts was a)so called 
JUS HONORARIUM. But of aU these, the edicts of the 
praetor were the most important. 

The orders and decrees of the emperors were sometimes 
also called edicta, but usually mmpto. Seep. 27. 

The magistrates in composing their edicts took the advice 
of the chief men of the state ; thus, Consules cum viros pri'^ 
marios atque amplissimos civitatts multos in consilium advo- 
cassentj de cansilii sententia pronunciarunt^ ^c^ Cic. Verr. 
iii. 7. and sometimes of one another ; thus, Cum collegium 
pnctorium tribuni pleb» adhibuissenty ut res nummaria de 
commum sententia constitueretur ; conscripserunt commu- 
niter edictum, Cic. Off. iii. 20. Marius quod communiter 
compositumfueraty solus edixit^ ibid. 

The summoning of any one to appear in court, was like- 
wise called Edtctum. If a person did not obey the first sum- 
mens, it was repeated a second and third time ; and then 
what was ciUed a peremptory summons was given, (EDIC* 
TUMPEREMPTORIUM dabatur, quod disceptatione^n 
fil^imeret, i, e. ultra tergiversari non patcr€tur,Yf\\ic\\^^ 



133 ROMAN ANTIQUITIES, 

mitledofnofsfftherdelay); and if any one neglected it lie 
was called cotUumadous^ and lost his cause. Sometimes a 
summons of this kind was given'^i at once, and was called 
Unum pro omnibus, or, unum pro tribus. We read of 
the senators bemg summoned to Rome from all Italy by an 
edict of the praetor, JUv. xliii. H. 

Certain decrees of the prsstorweie called INTEREttC- 
TA ; as, about aqquiring, retaining, of recovering the pos- 
session of a thing, Cic. Cttcin.^. 14. 31. Orat. i. 10. to Which 
Cicero alludes, Urbanitatis possessionem guibusvis inter- 
BicTis defendamus^ Fanu vii. 32. also about restoring, ex- 
hibiting,, or prohibiting a thing ; whence Horace, Sat.iL 3. 
j217. lNT£RDicTo/;ou7(sc.insano) omneadimatjus pneior^ 
i. e. bonis interdicat^ the pr^&tor would take from him the 
management of his fortune, and appoint him a curator. Id. 
Epist. i. 1. 102. accorduigtoa law of 'the Twelve Tables, 
{quafuriom et male rem gerentibus bonis interdici ju- 
bebat)^ Cic. de Senect. 7. 

3. rA^ INSIGNIA of the PILETOR. 

The praetor was attended by two lictors, in the city, who 
went before him with thc/ascesj Plant. £pid. i. 1'. 26. and 
by six lictors without the city. He wore the toga pr^textCy 
which he assumed, as the consuls did, on Ae first day of his 
office, after having offered up vows, {votis ntmcupatis\ in 
the Capitol. 

When die pr«tor heard causes, he sat in lixt Forum or Co^ 
mitium^ on a TRIBUNAL, (in, or oftener pro trilmnaH)^ 
which was a kind of stage or scaffold, (suggestum v. -«ri, in 
which was placed the Seih Curulis of the praetor, Cic. Verr. 
iii. 38. Mart. xi. 9^. and a sword and a spear (GLADIUS 
et HASTA) were set upright before him. The Tribunal was 
made of wood, and moveable, Cic. in Fat. 14. Suet.Cas* 84^ 
so large as to contain the ASSESSORES, or counsel of the 
praetor, Cic. de Orat. i. 37. and others, Brut. 84. in the form 
of a square, as appears from ancient coihs. But when spa- 
cious halls were erected round the JRE>r«iii,for the administra. 
lion of justice, called B ASILICiE, or Regia sc ades vel 
porticus. Suet. Aug. 31 Calig. 37. Stat. Silv. i. 1. 29. (B»<r,A/- 
xii «••«!) Zosim. v» 2. Joseph. A. xvii. IL from their largeness 



Pajetors. 133 

afid nagmfioence, the TVOuMlin them seems to have been 
of stone, and in the form of a semicircle, Viiruv. v. 1. the two 
ends of which were called Cornua^ Tacit. Annal. i. 75. or 
Partes Primoresy Suet. Tib. 33. The first Basihca at Rome 
appeals to have been built by M. Porcius Cato, the censor, 
A. U. £66. hence called P&rciay Liv. xxxix. 44. 

The JUDICES (Mrjury appointed by the prsetor, sat on- 
lower seats, called SUQS£LLIA, Cic. Solsc.jim. 11. as 
also did the advocates. Id. de OraU i. 62. the witnesses, Id. 
Place 10. and hearers, Brut. 84. Suet. Aug. 56. Whence 
SubseBa is put for the act of judging. Suet. JVer. 17* or of 
pleading, Cic. de Orat.i. 8. ii. 33. thus, Fergatus in utrisque 
subseiSu cum summafama etfidt; \. e. judicem et patronum 
egit, Cic. Fam. xiii. 10. AsubseUiis^Knvi% &c. i. e. causi- 
dicus^f a pleader,m Gm/. 15. For such were sdd habitare in 
^ubseiSis. Qrat. i. 62. ji subsetliis in otium se cmferre^ to re* 
tiiefrom pleading, Id. Orat. ii. 33. 

The ii^erior magistrates, when they sat in judgment, (;«. 
dicia exercebantjy did not use a Tribunal^ bat only subseh 
ha; 3s^ the tribunes, plebeian sdiles, and qu^stors, &c. Ai* 
can. in Cic. Suet. Claud. 23. 

The benches on which the senatcnns sat in the senate-house 
were likewise called subseiiia, Cic. in Cat. i. 7. Hence Lon-^ 
gi subsellii judication the slowness of the senate in decreeing, 
Cic. Fam. iiL 9. And so also the seats in the theatres, circus, 
Sec. thus, senatoria subsellia, Cic. pro Com. 1. Bis septena 
subseUia, the seats of the Eqmtes^ Mart. v. 28. 

In matters of less importance the pr^or judged and passed 
sentence without form, at any time or in any place, whether 
sitt'mg or walking ; and then he was said COGNOSCERE, 
interbquij discutere^ E vel DE PLANO ; or, as Cicero ex« 
presses it, exaquo loco, Fam. iii. 8. C^^sin. 17. de Ofat. 6. 
non pro J vd etribunaU^ aut ex superiore loco; which expres- 
sions are opposed : So Suet. Tib. 33. But about all impor- 
tant affairs he judged in form on his tribunal. 

The usual attendants (MINISTRI vel apparitores) of 
the pr^tor, beddes the lictors, were the SCRIBiE, who re- 
corded his proceedings, (qui acta in tabulas referrent)^ 
Cic Verr. iiL 78, & 79. and the ACCENSI, who summon- 
ed persons, and proclaimed aloud when it was the third 
hpur, or 9 o'dock before noon ; when it was mid-day, and 



134 ROMAN ANTIQUITIES- 

when it was th& ninth hour, or 3 o'dock afternoon, Varr. 
de Ling. Lot. V. 9. 

4. The number o/FnJETOnS at different times. 

While the Roman Empire was limited to Italy ^ there 
wei^ only twopr«^tors. When Sicily and Sajrdinia were 
reduced to the form of a province, A. U. 526. two other 
Procters were added to govern them, Lw. Epit* 20. and two 
more when Hither and Farther Spain were subdued. Id. 
xxxiL 27. & 28. In the year 571, only four prstors were 
created by the B^ebian law, which ordained, that six priors 
and four should be created alternately, Lvo. xl. 44* but this 
legulation seons not to have been long observed* 

Of these six praetors two only remained in the city ; the 
other four, immediately aft^ having entered on their office, 
set out for their provinces. The pr^tors determined their 
provinces, as the consuls, by casting lots, or by agreement, 
jLm. passim. 

Sometimes one pr^tor administered justice both between 
citizens and foreigners, Lio. xxv. 3. xxvii. 38* xxxL 1« 
XXXV. 41. and in dangerous conjunctures, none of the prte* 
tors were exempted from military service, Id. xxiii. 32. 

The praetor UrbQnus2JvA. Peregnnus administered jus- 
tice only in private out lesser causes ; but in public and im- 
portant causes, the pec^le either judged themselves, orap- 
pointed persons, one or more, to preside at the trial, {qui 
guastioni praessent^ Cic. pro Cluent. 29. quarerenty quas^ 
times publicas \e\judicia exercerent^ Liv. iv, 51. xxxviii. 
55. Sallust. Jug. 40.) who were called QUiESITORES, 
or Quastores parriddtt^ whose authority. lasted only till the 
trial was over. Sometimes a dictator was created for hold- 
ing trials, liv. ix. 26* But A. U. 604. it was determined 
that the Prator Urbanus and Peregrinus should continue to 
exercise their usual jurisdictions; and that the four other 
praetors should during their magistracy also remain in the 
city, and preside at public trials : one, at trials concerning 
extortion, {de repetundis) ; another, concerning bribery, 
ide ambttu) ; a third, concerning crimes committed against 
the state, ide maj estate); and afourtli, about defrauding 
the public treasury, (de peculatu). These were called 
QUESTIONES PERPETUiE, Cic -ffrwf. 26. because 



PRiftTOltS. 133 

tbear were afmually as^gned {jnandabanfur) to particular 
prsetCNTS, who always conducted them for the whole year, 
Xquiperpetuo excrcerent)^ according to a certain form pre- 
scribed by law ; so that there was no need, as formerly, of 
making anew law, or of appointing extraordinary inqiitiu- 
tors to preside at diem, who should resign their audiority 
when the trial was ended. But still, when any thing unu- 
sual or atrocious happened, the people or senate judged 
about the matter themselves, or appointed inquisitors to pre- 
side at the trial ; and then they were said extra ordinem * 
qiutrere : as in the case of Clodius, for violating the sacred 
rites of the ^ooa Dea^ or Good Goddess, Cic. Au. i. 13, 14» 
& 16. and of Milo, for the murder of Clodius, Cic. pr9 
Mil. &c. 

L. Sulla encreased the number of the qwestiones perpt^ 
ttuCy by adding those de F ALSO, vel de crimine/akij con- 
cernii^ forgers of wills or other writs, coiners or makers of 
base money, &c. de SICARIIS et, VENEFICI6, about 
such as killed a person with weapons or poison; et de 
PARRICIDIS, on which account he created two additio* 
nal praetors, A. U. 672 ; some say four. Julius C«sar en- 
creased the number of praetors, first to ten, A. U. 707. Dio. 
xlii. 51. then to fourteen, Id. xliii. 47. afterwards to six- 
teen, lb. 49. Tacit. Hist. iii. 37. Under the triumviri, 
there were 67 praetors in one year, Dio. xlviii. 43, 53. Au- 
gustus reduced the number to twelve, Dio says ten, xliii. 
32. but afterwards made them sixteen, Pompon, de orig. 
jur. iu 28. According to Tacitus, there were no more than 
twelve at his death, AtmaL i. 14. Uncfcr Tiberius, there 
were sometimes fifteen, and sometimes sixteen, />£(7. Iviii. 
20. Claudius added two praetors for the cognizance of 
trusts^ (.qui de Jldeicommissis jus dicerent). The number 
then was eighteen ; but afterwards it varied. 

Upon the decline of the empire, the princH>al functions of 
the praetors were conferred on the pr^fectus pr^torioy and 
other magistrates instituted by the emperors. The pr«tors of 
course sunk in their importance. Under Valentinian their 
number was reduced to three ; and this magistracy having 
become an empty name, {inane nomcn)y Bocth. de consol. 
Phflos. iii. 4. was at last entirely suppressed, as it is thought^ 
under Justinian. « 



136 ROMAN ANTIQUITIES. 

III. CENSORS. 

TWO magistrates were first created, A. U. 3 12, for tak- 
ing an account of the number of the people, and the 
value of their fortunes, icensui agendo) ; whence they were 
called CENSORES, Lvo. et Fest. (Censor, adcujus cm- 
sionem^ id est arbiiriumj censeretur populus^ Varr. JL L. iv. 
140 As the consuls, being engaged in wars abroad, or com* 
Motions at home, liad not leisure for that business, (m» con- 
•sulibus opera erat sc. pretium, L e. lis non vacabat idnegO' 
thim agere) ; the census had been intermitted for 17 yesirs^ 
Liv. iii« 22* iv. 8. 

The censors at first continued in office for five srears. Ibid* 
But afterwards, lest they should abuse their authority, a law 
was passed by Mamercus ^milius the dictator, ordaining, 
that they should be elected every five years ; but that their 
power should ccxitinueonly a year and a half, {Ex quinquen^ 
noli annua ac semesttis censurafacta est)^ Liv. iv. 24. ix, 33. 
^ The censors had all the ensigns of the consuls^ excq;>t the 
lictors. 

The censors were usually chosen from the most respecta* 
ble persons of consular dignity ; at first only from among the 
patricians, but afterwards likewise from the plebeians. The 
first plebeian censor was C. Marcius Rutilus, A. U. 404| 
who also had been the first plebeian dictator, Uv. viL 23. 
Aftierwards a law was made, that one of the censors should 
always be a plebeian. Sometimes both censors were plebe* 
ians, Liv. Epit. 59. and sometimes those were created cen- 
sors, who had neither been consuls nor praetors, Liv. :{(xvii« 
6. and 11. but not so after the second Punic war* 

The last censors, namely Paulus and Plancus, undo* Au- 
gustus, are said to have been private persons, (PRI VATI), 
Dfc. liv. 2. not that they had never borne any public office 
before, but to distingui^ them from the Emperor ; all be- 
sides him being called by that name, FelL ii, 99. Suet. Tacit. 
et PUn. passim. 

The power of the censors at first was small ; but after* 
wards it became very great. All the orders of the state were 
subject to them, (censoribus subjectiy Liv. iv. 24). Hoice 
the censorship is called by Plutarch, t|ie summit of all pre- 



Censors. ^ 137 

fermeiits, f omnium fwmrum apex^ vel fastigium\ in Cat. 
M aj. and by Cicero^ magtstra pudaris et mddestue, in Pis. 4. 
The title of Censor was esteemed more honourable than that 
of Consul ; as appears from ancient coins and statues : and 
it was reckoned the chief ornament of nobility, to be sprung 
from a censorian family, Faler. viii. 13. Tacit. Ann. iii. 28. 
IItst.m.9. * 

The office of the censors was chiefly to estimate the for- 
tunes, and to inspect the morals of the citizens, Cic. de leg. 
iii. 3. 

The censors performed the censusm the Campus Martins. 
Seated in dieir curule chairs, and attended by their clerks 
and other officers, they ordered the citizens, divided into 
their classes and centuries, and also into their tribes, Liv. 
xxix. 37. to be called (citari) before them by a herald, and to 
give an account of their fortunes, family, &c. according to 
the institution of Servius TuUius. (See p. 85.) At the same 
time they reviewed the senate and equestrian order, supplied 
the vacant places in both, and inflicted various marks of dis- 
grace (notas hmuebant) on those who deserved it. A senator 
they excluded from the senate-house, isenatu movebant, vel 
ejtciebant^ (see p. 6.) an eques they deprived of his public 
horse, (equum adimebantX (see p. 30.) and any other citi- 
zen they removed from a more honourable to a less honour- 
able tribe, {ttibu movebantJ ; or deprived him of all the pri- 
vileges of a Roman citizen, except liberty, {ararium faciei 
bant^ Liv. Qui per hoc non esset in alho centuria sua^ sedad 
hoc esset ciixis tantum^ ut pro capite sua tributi nomine sera 
penderety Ascon. inCic.) or, as it is otherwise expressed, in 
tabulas Cmtum^ vel inter C^rites refer ebanty i. ^.jure suf- 
fragii privabdnt ; Gell. xvi. 13. Strab. v. p. 220. Hence 
C^erite cera digni) -worthless persons, Horat. Ep. i. 6. 63. 
But this last phrase does not often occur. Cicero and Livy 
alnfU)st always use Mr.arium facer e ; in vel inter trarios re-^ 
ferre. This mark of disgrace was also inflicted on a senator 
or sai eques, and was then always added to the mark of dis- 
grace prouliar to their order; thus, Censores Mamercum, qui 
fuerat dictator^ tribu moveruntf octuplicatoque censUy (i. e. 
having made tte valuation of his estate eight timesmore than 
it ought, that thus he might be obliged to pay eight times' 



138 ROMAN ANTIQUITIES* 

more tribute), (srarium feceruHty Liv. iv. 24* Omnes^ quoS 
senatu mcrverunty quibusque equos ademerunt ararios/ece-- 
runt^ et tribu tnaverunt, xlii. 10* The censorb themselves 
did not sometimes agree about their powers in this respect ; 
Claudius negabat, Suffragii lationem injusmpopulicensarem 
cuiquam homini adimere posse. JSleque enim si tribu movere 
posset^ quod sit nihil aliud quam muture jubere tribum. ideo 
omnibus y* et xxx, tribubus emavere posse : idest^ civitatem 
libertatemque eripere^ non ubi censeatur finire^ sedsensu «c- 
cludere. I£ec mter ipsos disceptata^ is*c. Liv. xlv, 15. 

The censors could inflict tliese marks of disgrace upoii 
what evidence, and for what cause they judged proper ; but, 
when they expelled from the senate, they commonly an- 
nexed a reason to their censure, Liv. xxxix. 42. which 
was called SUBSCRIPTIO CENSORiA, Cic.pro Clu^ 
ent. 43, & 44. Sometimes an appeal was made from their 
sentence to the people, Plutarch, in T. Q. Flamm. 

The censors not only could hinder one another from in- 
flicting any censure, {ut alter de senatu moverivelitj alter re^ 
tineat; ut alter in Marios referri, aut tribu mwerijubeat^ aU 
'tervetety Cic. ibid* Tres ejecti de senatu; retinuit quosdam 
Lepidus a collega pr^teritosy Liv. xl. 51.) but they might 
even stigmatize one another, Lw. xxix. 37. 

The citizens in tlie colonies and free towns were there in- 
rolled by their own censors, according to the form prescri- 
bed by the Roman censors, ex {formula ab Romanes censo* 
ribus data), and an account of them was transmitted to 
Rome, Uv. xxix. 15. So that the senate might see at one 
view the wealth and condition of the whole empire, ibid* 
37. 

When the censors took an estimate of the fortunes of the 
citizens, they were said, censum agere yel habere; Gen- 
sere popult ^vitatesy soboles, familias pecuniasque, Cic. 
legg. iii. 3. Ueferre incensum, Liv. xxxix. 44. Flor. i. 6. 
or, censui ascribere, Tacit Annal. xiii. 51. The citizens, 
when they gave in to the censors an estimate of their for- 
tunes, &c. were said Censeri modum agri, mandpia^pe- 
cuniasj &c. sc. secundum vel quod ad, Cic. Flacc. 32. 1* 
80* Profiteri; in censum deferre vel dedicare. Id. Arch. 4. 
Sen^. Ep. 95. annos deferre vel censeri: thus CL. annos 



Censors! 139 

census est Clauda C^saris censura T. FuUomus BononU 
ensis ; idque coUatis censibus quos ante detulerat, verum 
appanat, PVm. vii. 49. s. 50. Son^imes also censere ; 
thus, Pr^dHa censere^ to give in an estimate of one's farms, 
Cte. Flacc* 32, Lio. xlv. 15. Pr^dia censm censendosc. 
apta ; i. e. quorum census censeri pretiitm ^stimari ordinis 
et tributi.causa potest : farms, of which one is the just pro- 
prietor, Und. Hence censeru to be valued or esteemed, to be 
held in estimation ; Cic.'Arch. 6. Fal. A fax. v. 3. 3. Ovtd» 
jim. ii. 15. 2. Senec. Ep. 76. Plin. Fan, 15. De quo cence- 
risf amicus, from whom or on whose account you are val- 
ued, Ovid. Font. ii. 5. ult. Privatus il/is CENSUS erat bre^ 
vis^ their private fortune was small, Ilorat, Od. ii. 15. 13. 
exigutiSj Ep. L 1. 43. tenuis^ Id. 7. 76. Fquestris, v. -ter^ 
the fortune of an eques ; CCCC. miUia numvium^ 400,000 
Sesterces, Plin. Ep. i. 19. Senatorius^ of a senator. Suet. 
Vesp^ 17. Homo sine censuy Cic. Flacc. 52. Ex censu, tri^ 
buta conferre^ Id. Verr. ii. 63. Cultus major censu^ Ho- 
rat. Sat. ii. 3. 323. Dat census honor es^ Ovid. Amor. iii. 
8. 56. Census partus per vulnera^ a fortune procured in 
war, iind. 9. Demittere censum in viscera^ i. e. bona obligu^ 
rircy to eat up, Id, Met. viii. 846, Romani census populi^ 
the treasury, Lucan. iii, 157. Breves extender e census^ to 
make a small fortune go fiir, Martial, xii. 6. . 

The censors divided the citizens into classes and centu- 
ries, according to their fortunes. They added new tribes to 
the old, when it was necessary, Liv. x. 9. Epit. 19. They 
let the public lands and taxes, f see p. 69.^ and the regula- 
tions which they prescribed to the farmers-general (manici- 
pibus v. publicanis) were called Leges vel Tabula Censoria^ 
Cic'Verr. iii. 6. in Rull. i. 2, Folj/b. vi. 15. 

The censors agreed with undertakers about building and 
repairing the public works, such as temples, porticos. Sec* 
{opera publica adijicanda et r^/^^fVncfa REDEMPTORI- 
BUS locabant) ; which they examined when finished, {pro- 
btrverunt^ u e. recte et ex ordine facta essepronunciaverunt); 
and caused to be kept in good repair, Uarta tecta exigebant^ 
sc. et. Liv. iv. 22. xl. 51. xlii. 3. xlv. 15. Theexpenccs 
allowed by the public for executing these works, were c^W- 
edULTROTRijuTA, Liv* xxxix. 44. xliii. 16. Seiiec. Se^ 



140 ROMAN ANTIQUITIES. 

nef. iv. 1# Hence Ultrotrihuta locate^ to let tiiem, orto 
promise a certain sum for executing them ;' canducere^ to 
undertake them, idi«f.« 

The censors had tlie charge of paving the streets, and 
making the public roads, bridges, aquseducts, &c. Liv» ix, 
29. & 43. xU. 27. Th^ likewise made contracts about 
furnishing the public sacrifices, Plutarch, in Cat. and horses 
for the use of the curule magistrates, Iav. xxiv, 18. JFesf. 
in voc. £qui Curules ; also about feeding the geese 
which were kept in the Capitol, in commemoration of their 
having preserved it, when the dogs had failed to give the 
alarm, Cic. pro Rose. Am. 20. Plin. x. 22. s. 26. xxix. 4. 
s. 14. 

They took care that private persons should not occupy 
what belonged to the public, Liv. iv. 8. And if any one 
refused to obey their sentence, they could fine him, ^d dis. 
train his effects till he made payment, Liv. xliii. 16. 

The imposing of taxes is often ascribed to the censors ; 
but this was done by a decree of the senate and the order of 
the people ; without which the censors had not even die right 
of laying out thepublicmoney,norof letting the public lands, 
Uv. xxvii.lL xL46. xli.27.xliv. 16.Po/yA.vi. 10. Hdnce 
the senate sometimes cancelled their leases, (locationes indu- 
eebantX when they disapproved of them, Id. xxxix. 44. 
For the senateliad the chief direction in all these matters, ib. 

The censor had no right to propose laws, or to lay any thing 
before the s^iate or people, unless by .means of the consul 
or prtttor, or a tribune of the commons, Plin. Hist. Nat. 
XXXV. 17. Liv. loc. dt. 

The power of the censors did not extend to public crimes, 
or to such things as came under the cognizance of thet^ivil 
magistrate, and were punishable by law ; but only to mat- 
ters of a private nature, and of less importance : as, if one 
did not cultivate his ground ptoperly, GeiL iv. 12. if an egaes 
did not take proper care of his horse, which was called Ik- 
curia oc Impolitia^ ibid, if one lived too long unmarried, 
(the fine for which was called i£suxoRiirM, Festus) ; or 
contracted *debt without cause, &c. VcUer. Max. ii. 9. and 
particularly, if any one had not behaved with sufficiait bra- 
yeiy inwar, Lto. xxiv. 18. or was of dissolute nxOTab, Q>. 



Cjbksors. 141 

Cluent 47. above all, if a person had violated his oath, Jav. 
ibid. €t Cic. Off. iiL 31. Gell. vii. 18. 

The accu^d were usually pennitted to make their de- 
fence, {cautam £c€re\ Liv. loc. cit. • 

The sentence of the censors, ANIMADVERSIO CEN. 
SORIA ytljwHcium eensorisX only affected the rank and 
character of persons. It was therefore properly called IG* 
NOMINIA, iquodm nomine tantum^ i. e. dignitate vena^^ 
batur\ and in later times had no other efiect, than of putting 
a man to the blush, (nihtl/ere damnato afferebat prater ru^ 
bortm^ Cic.) 

It was not fixed and unalterable, as the decision of a court 
of law, nmpro re judicata habebatur) ; but mi^t be eiAer 
taken off by the next censors, or rendered ineffectual by the 
veidict of a jury, or by the suffrages of the Roman peoi^« 
Thus ive find C, Gaeta, who had been extruded the senate 
by the censors, A. U- 639, the very next lustrum himself 
made censor, Cic* pro Cluenif 42. See p, 7. Sometimes the 
senate added force to the feeble sentence of the censors, {in* 
erti cenaori^ not^)^ by their decree, which imposed an ad# 
ditional punishment, Uv. xxiv. 18« 

The office of censor was once exercised by a dictator, 
Liv. xxiiL 22. dnd 23. After Sylla, the election of censors 
was intermitted for about 17 years, Ascon* in Cic. 

When the censorsacted improperiy, they mig^tbe brought 
to a trial ; as they sometimes were by a tribune of the com- 
mons, LAv. xxiv. 43. xUii. 15. 16. Nay, we find a tribune 
ordering^ a censor to be seized and led to prison. Id. ix. 34^ 
and even to be tWown from the Tarpeian rock. Id. epit. 59. 
Plin. vii. 44. s, 45, but both were prevented by their coU 
leagues, ibui. 43. s. 45. 

Two things ^were peculiar to the censors :— -1. No one 
could be elected a second time .to that office, according to 
the law of C. Martius Rutilus, who refused a second cen. 
sorship when conferred on him, hence simamed CENSOn 
RINU8, Faler, Max. iv. 1.-—- 2. If one of the censors 
died, another was not substituted in his room ; but his sur<» 
viving colleague was obliged to resign hb office, Liv^ xxiv. 
43. xxvii. 6. 

The death of a censor was esteemed ominous, because it 
had happened that a censor died, and another was chosen in 



142 ROMAN ANTIQUmfiS. 

• 

his place, in that lustrum in which Rome was taken by the 
Gauls, Liv. V. 31. vi. 27. 

The censors entered on their office immediately after their 
election. It was customary for them, when the comitia were 
over, to sit down on their curule chairs in the Campus Mar. 
tins before the temple of Mars, Liv. xl. 45. Before tfiey be- 
gan to execute their office, they swore that they would do 
nothing through favour or hatred, but that they would act 
upi^htly ; and when they resigned their office, they swore 
that they had done so. Then going up to the treasury, {in 
ararium ascendentes) they left a list of tiiose whom they 
had made ^rarii^ Lw. xxix. 37. 

A record of the proceedings of the censors, metnoria pub- 
lica recensionisn tabulis publicis impressd) was kept in the 
tertiple of the nymphs, Ctc. pro MiL 27. and is also said to 
have been preserved with great 'care by their descendants, 
Dianys. i. 74. 

One of the censors, to whom it fell by lot, Farr Lat. L. 
V. 9. after the £r(?;jw5 was finished, offered a solemn sacrifice 
Hustrum eondidit) in the Campus Martins, See. p. 88. 

The power of the censors continued unimpaired till the 
tribuneship of Clodius, A. U. 695, who g^ot a law passed, 
ordering that no senator should be degraded by the censors, 
unless he had been formally accused and condemned by 
both censors, Dio. xxxviii. 13. but this law was abrogated, 
and the powers of the censorship restored soon after by Q. 
Metellus Scipio, A. U. 702. Jlscon. in Cic. Dio. xl. 57. 

Under the emperors the office of censor .was abolished ;. 
but the chief parts of it were exercised by the emperors 
themselves, or by other magistrates. 

Julius Caesar made a review of the people {recensum popu^ 
U egit\ after a new manner, in the several streets, by means 
of the proprietors of the houses, (vicatim per dominos insu- 
hrum\ Suet. Jul. 41. but this was not a review of the whole 
Roman people, but only of the poorer sort, who received a 
monthly gratuity of com from the public, ihtd. which used 
to be given them in former times, first at a low price, Liv. 
ii. 34. and afterwards, by the law of Clodius, for nothing, 
Cic. pro SexU 25. Ascon. in Cic. 
\ Julius C«sar was appointed by the senate to inspect the 
lorals of the citizens for three years, Dio. xliii. 14. under 



CE17S0RS. 143 

the title of PRiEFECtuS MOBXJM yd morihs. Suet 
Jul. 76- Cic. Fam ix: 15. afterwards for life, under the title 
of censor, Dto. xliv. 5. A power similar to this seems to 
have beea conferred on Pompey in his third onisulship, 
icorrigendis moribus delectus). Tacit Ann. ii. 28^ 

Augustus thrice made a review of the people ; the first 
and last time with a coUeague, and the second time alone^ 
Suet. Aug. 27. 

He was invested by the senate with the same censorian 
power as Julius Csesar, repeatedly for five years, according 
to Dion Cassius, liii. 17* liv« 2. 10. & 30. according to Sue* 
tonius for life, Crecepit et morum legumque regimen perpe^ 
tuum). Suet. Aug. 27. under the title of MAGISTER 
RIORUM, Fast. Cons. Hence Horace, Epist.'iu I. 

Cum tot sustineai^ ac tanta negotia solusj 
Res Itahs armis tuteris, moribus ornes, 
Legibus emendes^ &c. 

Augustus^ however, declined the title of censor, Suet. 27. 
although he is so. called by Macrobius, Sat, iL 4. and Ovid 
says of him, sic agitur c e n s u r a , &c. Fast* v'u 647. Some 
of the succeeding emperors assumed this title, particularly 
those of the Flavin family, but most of them rejected it, 
as Trajan, Plin. Paneg. 45. after whom we rarely find it 
mentioned, jDio, liii. 18. 

Tiberius thought the censorship unfit fca: his time, {non id 
tempus censur*\ Tacit. Ann. ii. 33. It was therefore inter- 
mitted during his government ; as it was likewise during 
that of his successor. 

A review of the people was made by Claudius and L. Vi« 
tellius, the father of the emperor A. Vitellius, A. U. 800. 
Suet. Claud. 16. Fit.2. by Vespasian and Titus, A. U. 827. 
Suet. Fesp. 8. Ttt. 6. but never aften C&^oxm\i%.dedienat* 
18. ^ays, that this review was made only seventy-five times 
during 650, or rather 630 years, from its first institution 
under Servius to the time of Vespasian ; after which it was 
totally discontinued, ibid. 

Decius endeavoured to restore the censcH'ship in the per- 
son of Valerian, but without eflfect. The-corrupt morals 
of Rome at that period could not bear such a magistrate^ . 
Tr^hcU. PoUU) in Valer. 



144 ROMAN ANTIQUITIES. 

IV. TRIBUNES of the People. 

THE plebeians being oppressed by the patricians on ac- 
count oCdebt) Iav. ii. 23, &c« at the bestigation.of one 
Sicinius, made a secession to a mountain, afterwards called 
Mons SaccTj tht^e miles from Rome, A. U. 260« UwL 32. 
lior could they be prevailed on to fetum, till they obtained 
from the Patricians a remission of debts for those who were 
insolvent, and liberty to such as had been given up to serve 
their creditors ; and likeivise that the Plebeians should have 
proper magis^tes of thek own to protect their rights, whose 
persons should be sacred and inviolable, (sacros€mcti)^'lAr, 
m. 55. Dionys. vi. 89. They were called TRIBUNES, 
according to Varro. /. iv. 14. because they were at first cre- 
ated from the tribunes of the soldiers. 

Two tribunes were at first created, Cie. pro Canu 1. at 
the assembly by curut^ who, according to Livy, created three 
colleagues to themselves, ii. 33. In the year 283, they were 
first elected at the Comitia Tributa^ c. 58. and A. U^297. 
ten tribunes were created, Liv. iii. 30. two out of each class, 
which number continued ever after. 

No patrician could be madetribune, unless first adc^tcd 
^ into a plebeian family, as was the case with Clodius,^ the 
enemy of Cicero, pro Dom. 16. SueU JuL 20. At one time, 
however, we find two patricians of consular dignity elected 
tribunes, Liv. iii. 65. And no one could be made tribune 
or plebeian axlile, whose father had borne a curule office, 
and was alive, Liv. xxx. 19- nor whose fadier was a captive, 
xxviii. 21. 

The tribunes were at first chosen indiscriminately from 
among the plebeians ; birt it was ordained by the«^/m^ law, 
some think A. U. 623, that no one should be made tribune 
who was not a senator, GelL xiv. 8. Suet. Aug. 10. And we 
read, that when there were no senatorian candidates, on.ac- 
count of the powers of that office being diminished, Augus- 
tus chose them from the Equites^ Suet. Aug. 40. Dio. liv. 
26. 30. But others think, that the Atinian law only ordained, 
that those who were made tribunes should of coui% besena- 
lors, and did ndt prescribe any restriction concerning their 
> election. See Manutius de legg. It is certain, however. 



Tbibunes. ' ^ • 145 

th^t a|)der the eqiperors, no one but a senator had a riglit to 
stand candidate for the tribifneship, {jus tribunaius peten- 
ifi),Plin.Ep\u.9/ ^ '. 

One of the tribunes, chosen by lot, presided at the camu 
tia for el^ng tribunes. Lav* iii. 64. which charge was call- 
ed jonr coavn/uyram, ibid** After the abdication of the c£p- 
• cemvUri^ yhen there were no .tAbunes, the Pontifex Maxi^ 
mus presided at their electioneer. 54. If the assembly was 
broken oflf (si comitia diremptaessentj^ before the tai tri- 
bunes were elecledt those who were coated might choose 
CcdofUare) colleagues for themselves to complete the num-^ 
beV, c. 65». But .a law vas immediately passed by one 
Tisebonius. to prevent this for the future, which enacted,* 
** That he who presided should continue the comitia, and re- 
call the tri&s to give their votes, till ten yv&re fleeted/' ibid. 

The tribunes alway^ entered on their office the 10th of 
December, (tmUdiem gtsartum Jtlus Decetpbris), because 
the first tribunes were elected on fhat day, Liy. xKxix. .52. ( 
Diomyt. vi. 89. In Ae tiAie of Cicero, however, Asconius 
says, it was on the 5th ihonjs Deoembris)^ in pro«m, Vefc 
10, Byt this seems not *tp have been so ;' for £^icero 
himself on that day calls C^xo fubunus designatUiy pro 
Sest. 28. • ■ • ' 

The tribunes wore no toga pr^texta^ nor had they any 
external mark of dignity, except a kind of beadle, called vi- 
atar, who went before them, It is thought they were ^lot al ^ 
lowed to use ^ cairiage, Gic. Phil.'xi. 24. Flnt.*,Qu^st. 
Horn. 81/ * When they* administered justice, thef- had no 
fribunaly but sat on subsellia or benches, Ascon. in Cic. 
Theyhad, however, on all OGcasians, a right of preceden- 
cy ; and every Body was obliged to rise in their presence/ 
Plm.Ep. i.2S., . \^ * . ^ • 

The pr^er of the tribunes at first was^very limited. It 
consisted 4n hindering, not in acting, Aidnys^ vii. 17. and 
was ex|>ressed by the word,- VETO, I forbid it. They 
had only the right of seizing, but not of summptiing ; {pre-, 
hen^nwi^ fed 7ion yocationcm habebant)^ Gcll/xiii. 12. 
Their office was only tQ»assist the plebeians against the pa- 
tricians and jnagi^trates ; (:Aii;ciln, non pcsn^ jus datum 
ilH p0festaff)j Liv. ii. 35. vi. 37. ' Henre they were said, es 



146 Jl'OMAN ANTIQUITIES., 

^^rivatu sine*imperiOi sine magistratu^ ^i. 56, no^ beinf 
dignified* with the name of magistrates, Flutiusch. in Cond 
et Quasi. Horn. 81. as they were^afterwardS, Lio. iv. 2. 
SalL Jug. 37. They were not even allowed to enter the 
senate. See p. 18. • * •• • 

But in process of time they increased their influence to 
siichii degree, that, under pretext of defending the rights of 
the people, they did almost whatever they pleased. They 
hindered'the collection of*tribute, Xh;. v. IS. the enlisting 
of spldiers, iv. 1. * and the creation of ndagistrates, which 
diey did atone time for five years, Uv. \\.'5S. ,Tbey 
could put a negative {intercedere) upon all the decrees of 

• the senate and ordinances of the people, Cic. pro ASL 6. 
Iav. xlv.' 21. Pohjb. vi. 14. and a single tribune by his VE-* 
TO, could stop the proceedings of all the other xnagtstrates» 
which C«saf calls extremum jus tribunorutn^ dc Bell. Civ, 
i. i. Liv. ii. 44. iv. 6. 8c 48. vi. 35. Sucb was die force of 

^ this word, tljat whoever did not obey it,, whether niagi&trata 
or private person, was immediately ordered to be led to pri- 
son by a viator^ or. a day* was appointed for his trial before 
the people,'as b violator of the sacred poVer of the ttifiunes, 
the exercise of which' it jvas a crime to restrain, {in ordinem 
€ogere)y Plin.' Ep. i. 23. Liv. xxv. 3. 4. Ptiftarch.in Mark^ 
'They first began with bringing the chief of the patricians to 
their trial l>efcre the Comitia Tributa ; astheydldCbriola- 
nus, Dionys. yii-. 65. 

If any one hurt a tribune in word or deed, he was held 
accursefl, (saccr), and his goods wtre confiscates, in?i iii.^ 
55. Dionys. vi. 89. vii. 17/ Under the sanction of this law,* 
they carried their po^verto an extravagant height. They 
claimed a right to prevent consuls from s^thig out to fli^ir 

• provinces, P/wfcrcA. in Crass. Dio. 'Kxxix. 39. andev&i to 
pull victorious genei-als from their triumphal chariot, Cic. 
pro CcsL 14. They stopped the course of justice by l>ut- 
tingoflf trials j Ltv. iii: 25. Cic. Phil. ii. 2. in. Fatin^ 14; and 

. hindering the execution of a sentence, Cicdeprav. cons. 8. 
Uv. xxxviii. i60. They sonietimes orflered the militfty tri- 
bunes, and even the consuls them«elves, to prison, Liv. iv. 
26. v. 9. Epit. 48. 55. 'Cic, irfFatm. 9. CsP'lQ, *Dto. xxxvii. 
\ a50. (as the EpbonjA Lacedssmon did their kings, A^. in 



• ' TRIBUNfes. 147 

FauM. S. whom^ihe tribunes, at 'Rome resembled, Cic. jjfc 
leg^. iiir 7. 6? 9.) Hence it was said, jpa/wm subjugym tru 
buniUa pot^stati^ con^uktum fuisse^ Liv. iv. 26. 

The tribanes did not usually give their negative to a law,, 
till lea^e had been granted to" speak for and against it; Uv* 
xlv. 21, . ♦ . ' 

The only effectual method of resisting the power of the 
tribunes, yas to procure oiie or more of their number {ecpl- 
legio triiunarum)^ to [tut a negative on. the proceedings of 
the rest, Liih iu 44, iv« 48. vi. 35. but those, who did so, 
might afterwards be brought to a trial before the people by 
their colleagues; JJv. v. 29^ 

• SoiQetimes ,a tribune waa prevailed on. by entreaties or 
threat%' to jvithdraw his negative, {intercessione desistere)i 
or he demanded tim^ to consider it, (jioct^m sibi ad delibe- 
randun^ postulavU ; seposterodie moram nullam essefactu- 
rum)y Cic. pro Sext^ 34. Attic, iv, 2, Fam. viii. 8. or the 
coneuls were armed with dictatorial power to oppbse him, 
Cas.de £eU..Cw. i. 5. Qc. PhiL ii. Sli &f 22. (See p. 24.) 
from the terror oC which, M. Antonius and Q/Cassius Lon- 
ginus, tribuhe§ of the commons,- togethet with Curio and Cce. 
lius, fled from die city to Caei^ar into Gaul, and afforded himi 
21 pretext for crpssing the river Rubicon, which was t|ic 
boundary of his province, and of leading his army to Rome, 
ibid, £Ho. xli.3. Appian CiviL li.p. 448. Plutarch^ indrSf 
p. 727. Luetin. 1 9F3. * • 

We also End the senate exercbing a right of limiting the 
power of the tribunes, which was called ClRCUM SCRIP-. 
TIO, Cic. Att. YU. 9. pro MilL 33. C^s:de Bell. Cw. i. 32.' 
and of removing them from their office, q repubHca remo^ 
vendiyi. c..cidria fit/oro interdicendi)^ Cas. de Bell. Civ. iii. 
21. Suet. Jul. 16. as they did likewise, other, inagistrates, 
ilid»6c Cu:. Phil. xiii. 9. On oae occasion the senate eveii 
sent a tribune to prison, Dio. xl.' 45. but this happened at a 
time when all order was violated, U)id. 46. . ' 

The tribuneshjp was suspended ^hen the decemviri were 
created, JJv. iii.. 32* but not when a dictator was appointed, 
vi.38.^ .... 

The power of the tribunes was confined to the city, Dio- 
nj/s. viii. 87. and a mile around it ; {neque enim provocation 



IW ROMAN ANTIQUITIES. 

it^ esse hngius ab urbe milliepassuum); Lir. iii- 20- irnks^s 
Tvhen they were sent; any where by the senate and«pec^le ^ 

* and then they inight, in any paart of the emigre, ^iz€ even a 
procpnsul at the head of hts army, and bring Kim to Rome^ 
Cjure sacrosanct(t pbtestatis^jtA^iXxix. 20- 

, The tribunes vvere hot allowed td' remain all night (per- 
noc^re) ih the cou?itry,nor to*e above one whole day out of 
townij except during the Feri^ Latin* ^ Dionys- v^ii- 87- and 
their doors were open day:and night, tlifat they might ht al- 
ways ready to receive the" requests and complaints of the 
%vr£tched, Gell. iii- 2- xiii- 12- Mdcroh- Sat- i.' 3- 
The tribunes were addressed by the nalne, 'TrfiBXTKi- 
. Those who implored their assistance, {eps^appeHabani^ v^ 
auQciliufn imphrabant)^ said, A voBi4, THiaiTNi, pos- 
tu^o, uT MiHi AuitiLib siTis. Th© tribones awswcred, 

*AtrxiLi6 jERiMirs, vel non erx^its, Liv. iv. 3&, xxviii. 
Att * • /' ^ 

^^'^ * ' • . » 

When a law was to be passtd, or a decree of the senate to 

be niadc, after*the tribunes ha^ consulted together, (cum in 

* consilium secessissent)iOnG of their number^decl^edyeae? jwa 
coUegarumque sententia vel J)ro collegia pr.onunoiavit\ Se 

lNTEia:EDER£, Vel fiOJS tNTERC&DJEHE,' CUt MORAH 

FACERE coviitiis delectuU &c.' Also, se non passuros/?- 
gemferti vel abrogari; relationefn fieri de, &:c. Prammtmnt 
^ PLACERE, &c. This was called DECRETUM fhAwiio- 
ruTrt,*hiv. iii. 13. & alibi passim. . Thus4 Medtff^decretojus 
aubciln sui expedipntj exert their right of intercession by a 
moderate decree, ib. , ■ \ . ■ 

Sometimes the tribunes sat in judgment, and what they 
decreed was called their tJilQT\JMyk>rdecretum, Cic. 
Verr.' ii*^4U If any one differed from th6 re^st, he likewise " 

* proiwunced his decree ; thus, Tib. Gracehus tta decrevit : 

'. Quo MINtfS EX BONIS L#Sci.PI0NI5 <^UOD JUnicX^PUH 
SIT, REDEG^T.UR, SE NON INTERCEDERE PRiETORl. 
L. SciPIONEM NON PASSURUM IN CARCBRE ET 
IN VINCITLIS ESSE, MfrTiq^UrjE exJJC iSE JUBERE,^jL«P. 

• ixxviii. 60. * . ' ' . 

' .The tribune early assumed the right of hoWingthe comitici 
' by tribes, and of making laws (PLEBISCITA^V which 
> ^ixmnd the whole Romad people, Lib. Si. 10. & 55. (See n- 



# 



Tribunes. 14ff 

• 

t06.) They also exercised the power of holding the senate, 
Ai U. 298, Dtonys. x. 31- Cic. deLegg. «!• 10. of dismissing 
it, when assembled by onoihtr yAppian, de Bell. Civ. ii. and 
of making amotion, although the consuls were present, Civ. 
PhiL Yii* !• P^o Sext. 11. They likewise sometimes hinder- 
ed the censors in-the choice of the senate, Dio- xxxviL 9. 

The^tribunes often assembled the people merely^© tnake * 
harangues to them, {concionem advocabant \t\ populum ad 
conciotwmy, GclU xii. l4. By the ICILIAN law it was for- 
bidden*, under the severest penalties, to btemipt a tribune 
while speaking, Dionys. vii, 17." Cic. pro SexU 37. and nQ 
one was allowed to Speak in the assemblies sumnioned' by 
them without their permission : Hence concionem dare^ to 
grant leave to speak, Cic. AtL iv. 2. tnconcioneni ascenderc^ 
to mount the rostra^ ibid, concionem habercy to make a 
speech, or tq hold an assembly for faking ; and so, in con^ 
cimem venire^ Cic. pro Sext. 40. in concionem vocare^ 6t in 
coiynoni stdre^ Id. Acad. iv. 47. but to hold an assembly 
for yotvag about any tiling, was, Imbere comitia^ vel AG£^ 
R£ cumpoptJb^ Gell. xiii. 15. , 

,The tribunes limited tlie.time of speaking even tojthe con^ 
suU themselves, Cw. pro Rabir. 2. and sometimes would 
not permit them to speak at all. (See p. 121.) They could 
bring any one before tlie assembly, {ad concionem vel in con^ 
cioHe Producere)] and force him tp ^^swer what questions 
were put to him, Cic. ^ Fatin. 10. Pw. 6. £s? 7. posU red. in 
Sen. 6. Dio. xsycyiii. 16. * 

By these, harangues the tribune's often inflamed the popu* 
lace against the. nobility,' and prevailed .'on them to pass the 
most perniciotus laws. . . * \ 

tThe lacws whiclj excited the greatest cdhtentions, were 
ubovt dividing the public lands to the po(»er citizens, (LE- 
GES AGRARIiE), Iav. ii. 48. iv. yi. II. Cic: inHull.^ 
about'thedistribution.of corn at a low price, or for nou|;ht,. 
(/.!?«•« FRUMENTARLE \^\armQnarii€), Uvl Epit. Ix. 
Ixxi- Cic. ad Herenn. i. 12-. pro Sext. 25. Ascon. in Cic. — 
and about the diminution of interest, (df lavandb f^norc\ 
a^d the abolition of debts,«cithcr in. whole c^ in part, (e/e no^ 
TusUbulk ;'^leges FOENEBRES>^Xrt>. vi. 27. £5^ 35. vii. 
16* Cs? 4t% xxxv. 7. Paterc. ii. 23. See p..49. 



X$(* ROMAN ANTIQUITIES. 

But these popular laws wert usuaHy joined by the tribune 
with others respecting the aggrandizenietxt of themselves and 
their order, Ltv. vi. 35. if 39. and when the latter w^e 
granted, the former were*often dropped, c. 42.^ At la^t, how- 
ever, after great struggles, the tribunes Jaid open th<^ way 
for plebejpis to all the offices of the state. • , 

The government of Rome was now brought to its just 
equilibrmm. . There was no obstrucrion to merit, .and the 
most deserving, were promoted. The rejgublic was msmaged 
for several ages with quiet and moderation (plqcide modes^ 
tfque). Biit when wealth and luxury were introduced, and 
avarice had seized all ranksj especially after the destruction 
of Carthage, the more wealthy plebeians joined the patri<H- 
ans, and they in conjunction engrossed all the honours^ and 
.emoluments of the state.. The body of the people were op* 
pressed ; and the tribupes, eitlier overawed or .gained,* dld^ 
»ot* exert their influence to prevent it ; or rather perhaps their 
interpQsition'waS'disregarded, ASatfw.vif; /«/,?-. 41.^ 
. At fast Tiberius and Caiiis Gracchus, the grandsons of 
the great Scipio Africanu5 by his daughter'Cornelia, bravely 
undertook, to assert die liberties of the people, and to chec^ 
the oppression of the nobility. Bui proceeding with too 
great ardour, and not being sufficiently supported by the 
multitude, they fell a sacrifice to the rage of their enemies.. 
Tiberius, while tribune, was slain in the capitol; by the no- 
bility, with his coiisin Scipio Nasica,^o«ftyf a: J/axJwfi*, at 
their head ; A. U. 620, Appmn,- de lielL Civ. i. 359, and 
Caius, a few years after, perished by tneans of Ae consid 
Opimius, who slaughtered a great tiumbei* of the plebeians,' 
Sallust^ Jug. 16 & 42. ,Tht8 was the first civil blood shed 
at Rome, whiclT afterwards at different ^imes delUged^tfie, 
state, Appian. ibid- i- 349- Vel-ih 3, From this period, when 
arms and viblence began to be used with impunity in the 
legi4ative assemblies, and laws enacted by forfce to be held 
as yaliS, we date the commencement of the ruin pf Romdn 
liberty- • . ; ' 

The fate of jhe Gracchi discouraged dthers from espous- 
ing the cause of the people- In consequeirce of which,.thp 
jpower of the nobles was increased', and the wretched plebe-. 
> ^ts were more oppressed than ever, Saliust* Jug-Zh 



But in the Juflirthine war, wheft, by the infarabus cor- 
ruption of the nobility the republic had been basely betray- 
«d/the plebeians, animated by the bold eloquence of the tri- 
bune Memmius, regained the ascendency //Airf- 40- 65- 73* - 
& 84- The contest\)etween the two orders was renewed ; 
but the people being misled ahd abused by their favourite, 
the faithless and ambitious Marius, Dio fragment xxxiv- 
94" the nobility again prevailed under the conduct of Sylla- 

SylTa abridged, and in a m'anner extinguished the power of 
the tribunes, by enacting, '* That whoever had been tribune, 
shotild not afterwards enjoy any other magistracy ; thai there 
should be no appeal to tHe tribunes ; that they should not be 
allowed to assemble the people and make harangues to them, 
nor to propose laws,'/ Liv^ Epit 89- Appian- B. Cw- i« 413- 
bat should only retain the right of intercession,' C^s. de Bell* 
Civ i- 6- {injuria faciend^ potestaterh ademit^ auxilii/eren" 
di reliqmi)^ which Cicero greatly approved, Cic* de Legg- 

211- 9- 

But after ihe death of Sylla, the power of the tribunes was 
restored. In the consulship of Cottp, A. U. 679. they ob- 
tained, the right o#^cnjoying other o'ffices, A scon* in Cic. and 
in the conifulship of Pompey and Crassus, A..U. $83; all 
ihcir former powers, Sq/L Cat. 38. 'Cic. in Ferr. i. \6.de* 
Ltegg. iiil 11". a measure which C«sar strenuously pi-omot- 

fid. Suet, Jul: 5. 

. . . • 

The tribune^ henceforth v^ere eihployed by die leading 
men'a'fe the tools of their ambition. Backed by a hired mob, 
Ca conducta plebe stipati\ they determined every thing by 
force. They made and abrog^tAi laws at pleasure, Ctc. in 
JPis. 4. pro Sext. 25. They disposed of the public lands 
and taxes as they thought proper,, and conferred "provinces 
and commands on those who purchased them ^t tlie highest 
price, Ctc. pro Sext: 6, 10, 24, 26, £s?c. pro Dom. 8. & 20. • 
'I!he 'assemblies of ihe people Were converted into scenes of 
violence and massacre ; ' and the most daring always pre- 
vailed^ Ctc.pfV igext. 35, 36, 37, 38;£5'c. Dio..xxxix. 7, 8, 

&c. ; / ' . . 

. Jiilios Caesar, who had been the principal cause of these 
excesses, and had madc'the violation of the poweroiF the tri- 
bxm»s^ apretf^t ftr making war on his. country, fse^p. 147 



152 ROMAN ANTIQUITIES. 

having ;A last become ftiaster of thb rcliiblic by force of 
arms, reduced that power, by which he had been raised, to 
a mere name ; and deprived the tribunes of thtir office; (pe- 
testate priwwi^SLtpltSL^wce^ i^uet.Jui. 79. Dio. xiiv. 10. Ke/L 
ii. 68- ' 

Augustus got the tribunRian power to be conferred* on • 
liimseif for life, by a decree of the senate, Dio. li. 19. the ex- 
ercise -ofit by proper, magistrates, as formerly, being incon- 
eistent with an absolute monarchy, which that artful usurper 
established, Stiet. Aug. 27. Tocit, Am. iii. 56. This power 
gave fiim^lhe rlght-of holding the senate,* /)io/ liv. 3. (see p. 
14.) of assembling the pebple, and of being appealed to in all 
cases, Dio\ li. 19. It also rendered his person sacred arid in- 
violable ; so that it became a capital ^crime (primen MA- 
JEST ATIS3 to. injure him in word or de^d, Dto. liu. 17. 
which, under the succeeding emperors, served as a pretext 
for cutting off numbers of the first men in the state, and prov- 
ed one of the chief supports of tyranny, (ADJUMENTA 
REGNI), 7acit Ammi iii. 38. Suet. Tib, 58. &? 61. A>r. 
35. Hence this among, other povverss used to be ccMiferred 
on the emperors in the beginning '(^f their feign, or upon other 
solemn occasions ; and then tHey were said to b*e Tribtinitia 
potestate donatio Capftol- in M. Arfton.— -Vopisc. in Tacit, 
(see p- 27.) Hence also the ye&rs of their government were 
calledtheyearsof their tribunitian power, Dio. liii. 17- which 
are found often marked on ancient coins,' computed not 
from the first of January, ^n^t^ from the 10th of December, 
(iv. Id. DeCi^ die day on which the tribunes entered on their 
office ; but from the day ofi ts^hich they assumed the empire. 

The tribunes, however, still continued to be elected, *al- 
'though they retained only the shadow of their former power, 
(inanem umbram^t dne honorenomen)^ Plin. Ejp. i. 23. Pa- 
neg. 10, & 95. Tafcit; i. 77. xiii. 28. and seem to have re. 
mained tothe'time of Constantine, who abolislied.this with 
other ancient offices. ^ - • • 

. V. iEDILES: • * * ** 

THE jEdiles were named from their care of the building^?, 
Cactira jsediixm). * - • 

> d The lEdiles were either plebeian or curule. 



Two iEDILES PLEBEII wdc first created, A. U. 960, 
in the Comttia Curiatay^t the same time with the tribunes of 
the commons, to be as it were their assistants* and to deter- 
mine certain ksser causes, which the tribunes committed to 
them, Dumys. vi. 90. They were afterwards created, as the 
otiier inferior magistrates, at the Comttia Tributa, 

Two iEDILES CURULES were created from the patri* 
cians, A. U. 387, to exhibit certain public games, Liv. vi. 
4SL, They were first chosen alternately from the patricians 
and pld)dans, but ajfterwards promiscuously frbpiboth, Xtv. 
viL 1, at the Comitia Trilmia, Ge\l vi. 9. 

The corule aediles wore the toga J>ratexta^ had the right 
of imageSfand a more honourable place of giving their opinion 
in the senate, Cic. Verr. v. 14* They used the sella curuHs 
whenthey administered justice, whence they had their namel. 
Whereas the plebeian aediles sat on benches, Ascon. in Cic. 
but they were inviolable, (SACROSANCTI), as the tri- 
bunes, PestuSi Lao. iii. 5S^ 

The office of tlie sdiles was to take care of the city, Cic^ 
de Legg. iiL 3& its puBiic buildings, temples, theatres, baths^ 
basilica yportico^ aqueducts, common-sewers, public roadsi 
&c« especially when there were no censors } also of private 
buildings, lest they should become ruinous, and deform the 
city» or occasion danger to passengers. They likewise took 
K^a€ ot provisions, markets, taverns, &c. They inspected 
those th^ng^ which were exposed to sale in the Forum ; and 
if they were not good, they caused them to be thrown into the 
Tiber, Plaut. Rud. ii- 3. 42. They broke unjust weights 
and measures^ /ttvma/. xi 101. They limited theexpen« 
cesof funerab, Cic. PhiL ik. 7. Ovid. Fast. vi. 663. They 
restrained the avarice of usurers, Lio. x. 37* They fined or 
banished women of bad character, after being condemned 
by the senate or people, Tacit. Arm. ii. 85. Liv. x. 31. xxv* 
2. They took care that no new gods or religious ceremonies 
were introduced, LJv. iv« 30. They punished not only pe* 
tuiant actions, but even words, Oell. x. 6- 

The sediles took cognizance of these things, proposed 
edicts caneeming themi Plaut Gas^felv. 2« v. 43. and fined 
delinquents* 

Y 



154 ROMAN ANTIQUITIES* 

The «diles had neither' the right of summoniiig nor of 
seizing, unless by the order of the tribunes ; nor did they 
use lictors or viatoresy but only public slaves, GelL xiii. 12, 
They might even be sued at law, (in jus vocari^) by a pri* 
vate person, ibid. 13. 

It belonged to die «diles, particularly the cunile sdiles^ 
to exhibit public solemn games, Lw. xxiv. 43. xxvii. 6. 
which they sometimes did at a prodigious expence, to pave 
the way for future preferments, Cic. Off. ii. 16. They ex- 
amined the t>lays which were to be brought on the stage, 
and rewarded or pulyshed the actors as they deserved. 
Plant. Trin. iv. 2. 148. Cist. Epd. 3. They were bound 
by oath to give the palm to the most deserving, Id. Amphit. 
ProL 12s Agrippa, when aedile under Augustus, banished 
all jugglers (pr^stigiatores) and astrologers, Dio. xlix. 43. 

It was peculiarly the office oi the plebeian asdiles to keep 
the decrees of the senate, and the ordmances of the people, 
in the temple of Ceres, and afterwards in the treasury, Lw. 
iii. 55. 

Julius Caesar added two other «diles, called CEREA- 
LES, C(i CerereJ^ to inspect the public stores of <:om and 
other provisions. Suet. Jul. 41. Dio. xliii. 51. 

The free towns also had their asdiles, Jtw. iii. 179. where 
sometimes they were the only magistrates, as'at Arpinum, 
Cic. Fam. xiii. 11. • 

The rodiles seem to have continued, but with' some varia* 
tions, to the time of Constantine. 

VL QUiESTORS. 

THE QuKstors were so <^alled, (a qu^rendo), because 
they got in the public revenues, (publicas pecmmt con* 
guirebantX Varro de L, h* iv. 14. 

The institution of quastors seems to have been nearly 
as ancient as the city itself- They were first appointed by 
tihe kings, according to Tacitus, Annal* xl 22. And then 
by the consuls, to the year 307, when they began to be 
elected by the people at the Comitia Tributay Cic. Fam. vi. 
SO* Others say, thalf two quaestors were created by the 
people from among the patricians, soon after the expubiiui 
of TarquiD) to take care of the treasuiy^ accwding to a law 



passed by Valenus Poplicda, Plutarch in PopRc- Dumyu 
V. 34. 

In the year 333, besides the two city quaestors, two others 
were create^ to attend the consuls in war, {ut consulibus ad 
fninuteria belli presto essent); and from, this time the 
quaestors might be chosen indifferently from the plebeians 
and pairicians, Liv. iv. 43. After all Italy was subdued* 
four more were added, A. U. 498. about the same time 
that the coining of silver was first introduced at Rome, Liu. 
£pU* XV* Sylla increased their number to 20, (supplendo 
senatui^ ad judicia. tradiderat)^ Tacit. Ann. xi. 22. and 
Julius Cassar to 40, Diarh xliii. 47. Under the emperors 
their number was uncertam and arbitrary. 

Two quaestors only remained at Rome, and were called 
QUiESTQRES URBANI ; the rest, PRO VINCIALES 
or MILITARES. 

The principal charge of the city quaestors was the care of 
the treasury, which was kept in the temple of Saturn, Suet. 
Claud. 24. Plut. Quast. Bom. 40. They received and ex- 
pended the public money, and entered an account of their 
receipts smd disbursementSp (in tabulas accepti et expend 
referebant)^ Ascon. in Cic. They exacted the fines impo. 
sex) by the public, Liv. xx^viii. 60. TaciU Jnn. xiii. 28* 
The money thus raised was called ARGENTUM MUL- 
TATITIUM, Liv. xxx. 39. 

The quasstcnrs kept the military standards in the treasury^ 
(which were generally of silver, P/w. xxxiii. 3. s. 19. some- 
times of gold, for the Romans did not use colours, {nan velis 
^aUebantuf)^ and brought them out to the consuls when go* 
ing upon an expedition, Z». iii- 69. iv. 22. vii. 23. They 
entertained f<M^eign ambassadors^ provided them with lodg- 
ings, and delivered to them the presents of the public, Valer. 
Max. V. 1. They took care of the funerals of those who 
were buried at the public expence, as Menenius Agrippa, 
JMcnys. \\.fin. Sulpicius, Cie. Phil. ix. 7. They exercised 
a* certain jurisdiction, especially among tlieir clerks, Plut. 
in Cat* Min. 

Commanders returning from war, before they could ob- 
tain a triumph, were obliged to swear before the quaestors, 
ti«t they had written to the senate a true account of the 



IB6 ROMAN ANTIQUITIES. 

number of the enemy they had dwu and of the citizens that 
were missing, Faler. Max. ii. 8. 

The provinces of the qtiasstors were annually distributed 
to them by lot, Cie. pro Mur. 8. sAer die senate had deter- 
mined into whatprovincesquaestors should be sent. Whence 
SORS is often put for the office or appointment of a quass. 
tor, Cic. Vtrr. i. 15. CaciL 14. Fam* ii. 19. as of odicr ma- 
gistrates. Id. Verr. AcU i. 8. Plane. 27. lAv. xxxv. 6. and 
public officers, Cic. Cat. iv* 7. or for the condition of any 
one, Shrat. SaL L 1. Ep. u 14. 11. Suet. Aug. 19. Some- 
times a certain province was given to a particular quaestor 
by the senate or people. Ho. xxx. 33. But Pcnnpey chose 
Cassius as his quaestor, and Caesar chose Antony, of tham- 
selves, {sine 9orie\ Cic. Att. vi. 6. Cic« Phil. ii. SO. 

The office oJT the provincial quaestors was to attend the 
consuls or praetors into their provinces ; to* take cue that 
provisions and pay were furnished to the army ; to ke^ the 
money deposited by the soldiers (nummos ad signa deposit 
iosX Suet. Dom. 8. Vcget. ii. 20. to exact the taxes and tri- 
bute (tf the empire, die. in Vert. i. 14. & 38. to take caic of 
the money, and to sell the spoils taken in war, Lm. ▼. 26. 
xxvi. 47. Plants Baoch. iv. 9. v. 153. Polyb. x. 19v to re- 
turn an account of every thing to the treasury ; and to exer- 
cise the jurisdiction assigned them by their governors, Cw. 
Drvin. in C<tcU. 17. Suet. Jul. 7. When the govermx* left 
the province, the quaestor usually supplied his place, Cic. ad 
i^am. ii. 15. & 18* 

There subsisted the closest connection between a procon* 
sul or propraetor, and his quaestor, {in parentum loco qutts- 
toribus suis erant)y Cic. pro Plane. 11. Divinat. in Caecil. 
19. ad Fam, xiii. 10. S6. Plin. Ep. iv. 15. If a quae»t(Nr 
died, another was appointed by the governor in his room, 
called PROQUiESTOR, Cic. in Vert. i. IS. & 36. 

The place in the camp where the qu»stor's tent was, and 
where he kept his stores, was called QUiESTORIUM, oc 
Qua^storium /orumj Liv. x. 32. xli. 2» so also the place in 
the province, where he kept his accounts and transacted buv 
siness, Cic. pro Plane. 4L 

Hie city quaestors had neither lictorsnor viaioreSf be* 
f ause thqr had not the power of summoiung or ^tdisai^ 



kiSt CM?, xni. 13. and might be firosecuted by a private per^ 
son before the pr«tor, ibid. IS. Suet. Jul. 23. They could, 
however^ hold tbe Conritia ; and it seems to have been a 
part of their office in ancient times to prosecute those guilty 
of treason, and punish them when condemned, Dimtys. viii* 
77. Up. n. 41. iii. 24. 25. 

Hne provincial qnsestors were attended by lictors, at least 
in the absence of the praetor, Cie. pro Plane. 41. and by 
clerks, Cfc. m l^err. iii. 78. 

The qu^torship was the first step of preferment, iprimu9 
graduM kmoris), Cic. in Verr. i. 4. which gave a person ad- 
mission into the senate, Cu:.*(see p. 4.) when he was said 
edifr adrempublieam, Cic. or rempubhcam capessere^ Vd. 
ii. 94. It was, however, sometimes held by diose who had 
been consuls, Dumys. x. 23. Liv. iii. 25. 

Under the4emperors the quaestorship underwent various 
changes. A distinction was introduced between die treasury 
of the public (iERARIUM) and the treasury of the prince,- 
(FISCUS) Suet. Aug. 102. Tacit. Mnal. vi- 2. Plin.Patu 
36. Die. Wl. 16. and different officers were appointed for the 
management of each. 

Augustus took fi'om the qu»stors the diatge of the trea« 
sury, and gave it to the pr tors, or those* who had been 
praetors. Suet. Aug. 36. Tadt. Ann. %m. 28. Dio. liii. 2. 
but Claudius restored it to the quasstors, Suet. Claud. 24. 
Afterwards praefects of the treasury seem to have been 9p^ 
pointed, Plin. Epist. iii. 4. Tadt. Annal. xiii. 28. Sc 29. 

Those who had borne the qu^storship used to assemble 
the judges, called eentumviri^ and preside at their courts; 
but Augustus appcHnted that this should be done by theDs. 
CEMViRi litibus judicendiSi Suet. Aug. 36/ The qusstors 
also chose ihtjudice^^ Dio. xxxix. 7. Augustus gave the 
quaestors the charge of the public records, which the sdifes^ 
smd, as Dion Cassius says, the tribunes had formerly exA- 
cised, L li V. 36* But this too was afterwards transferred to 
prvfectsv Tncit. he. ciL 

Augustus introduced a new kind of qu^storscalled QUiE** 
STORES CANDID ATI, or candidati principis vel Au^ 
gusiij Su€t« Aug^ 56. Claud. 40. vd Caearis, Veil. ii. 124- 
yrhQ vmA to carry the measstges of theemperor, ilibeUosy epis- 



iHe ROMAN: ANTIQUITIES, 

tslas^ et aratiane^, to the senate, Suet. Ttt. & (See p^ SS.) 
They were called candtdatUhec^nse: they sued forhigheFpre. 
ferments, which by the intereajt of theemperor tbey were sure 
to obtain ; hence, Fetis tanquam Casam candidatm^ u e, 
carelessly, QidncHHan^ vt. 3. 62. 

Augustus -ordained by an edict, that perscxxsr might epjoj 
the qua^storship, and of- course be admitted into the senate, 
at the age of twenty *two, JPiin. EpisU x. 83. & 84. 

Under the emperors, the quaestors exhibited shews of gla« 
gators, which th^ seem to have done at their own expence, 
98 a requisite for obtabing the office, Tacit. Arm. xi. 22. 
Suet, ihmit. 4. 

Constantine instituted a new kind of qu^stors, called 
QUiESTORES PALATII, who were much the same 
with what we now call Ckanceliorsj Zosiiiu v. Procop, <fe 
beU. F^. 

Other ORDINARY MAGISTRATES. 

THERE were various other ordinary magistrates ; 
as, 

TRIUMVIRI CAPITALES, who judged concerning 
slaves and persons of the lowest nnk^ Plaut Atd. iii. 2. 2. 
and who also hgd the charge of the prison, Lii). txxii. 26, 
andof the execution of condemned criminals, Salt- Cat. 55, 

TRIUMVIRI MONETALES, who had the chaise of 
the mint, (qui auro^ argento, ari^flando^feriundopra'erant^ 
which is often marked in letters, A. A. A, F. F.) Dio. Kv. 
26. According to the advice of Maecenas to Augustus, 
Dto. Iii. 29. it appears that only Roman coins were permitted 
to circulate in the provinces, Matth xxii. 20. 

NUMMULARII, vel pecunia pectatoresj of assaymas- 
XfXsXadquos nuihmiprobandi causa deferebantur^an probi es^ 
sen^j cujus auri^ an mbctrati^ an aqui ponderis^ an borne fusi^ 
mis). 

TRIUMVIRI NOCTURNI, vel fre-n^H who had the 
charge of preventing fires, iincendiisper urbetn arcendispr^- 
erant), Liv. ix. 46. and wajked round the watches in the 
night-time, (vigilias circumibant\ attended by eight lictors, 
Phut. Amphit, i. 1. 3. 

QU ATUOR VIRI VIALES, vel viocuri (qm vias ciira^ 
bantX who had the charge of the streets and public roadsi 



Ordinary Magistrates; 15$ 

AH these magistnitcs used to be created by the peo^e at 
the Comitia Tnbuta. 

Somc'AdAtoil^Ma^stratus OrdinariiMfnoresy theCENi 
TUMVIRI Iftibusjudicandis, (vel stlitilmsjutRcanc&s^ for so 
it was anciently %\Tliten), a body of men chosen out of every 
tribe, (so that properly there were 105), for judging such 
causes as the praetor committed to their decision ; and also 
the DECEMVIRI iitibusjudtcandis. But these were gene^ 
rally not reckoned magistrates, but only judges. 

New ORDINARY MAGISTRATES under the 
EMPERORS. 

AUGUSTUS instituted several new offices ; as, Cura* 
tares aperum publicorumy viarum aquarum, aloei 7i6e^ 
ris^ «c* repurgandi et laxlarisfaciendi^frunientipopulo diou 
dundi; persons who had the charge of the pul^lic works, of xhA^ 
roads, of bringing water to the city, of cleaning mid enlarg- 
ing the channel of the Tiber, and of distributing com to the 
people, Suet. Aug* 37. The chief of these offices were, 
. L The governor of the city, (PRiEFECTUS URBI, vel 
KtAu), whose power was very great, and generally continued 
for several years, Tadt, Ann. vL 11* 

A prefect erf* the city used likewise formerly to be chosen 
occasionally {in tempus delig€baiur\ in the absence of the 
kings, and afterwards of the consuls. He was not chosen by 
the people, but appointed, first by the kings, and afterwards 
by the consuls, {a regtbtis impodti; Po^ita consults manda* 
bant^ Tacit, ibid.) He might, however, assemble the senate, 
even although he was a senator, GelL xiv. c. ult. and also 
hold the eamtiay Liv. i. 59. But after the creation of the prae- 
tor, he used only to be appointed for celetttating the Feri* 
JLatm^f or Latin holy«days. 

Augustus instituted tliis magistracy by the advice of 
Maecenas, Z)to. lii» 21. who himself in the civil wars had 
been intrusted by Augustus with the charge of the city and 
of Italy, (cuftrftf apud Roman atque Italiam prsepositus)^ 
Tacit* ibid. Hot. Od. iii. 8. 17. Ibid. 29. 25. The first prse* 
feet of the city was Messala Corvmus^ only for a few days; 
ai^ him Taurus StaUlms^ and then Piso for twenty years. 
He was usually ohosen from among.thc principal men in the 



166 ROMAN ANTIQtJITlES^ 

state, (ex viris prhnariis v/di conmicaribus). His cAce com- 
prehended many tilings^ which had formcriy belonged to 
the pmtor and ^iles« He administered justice between 
masters and slaves, freedmen and patrons ; he judged of the 
Crimes of guardians and curators ; he checked the frauds 
of bankers and money -brokers ; he had the superintendance 
of the shambles, (camis curam gerebatX and of the public 
spectacles ; in shorty he took care to preserve order and pub- 
lic quiet, and punished all transgressions of it, not only in 
the city, but within a hundred miles o( it, (Mm ceniesi- 
mumab urbe lapidem\ Dio. lii. 21. He had the power of 
banishing persons both from the city and from Italy, and of 
transporting theili to an^ island .which the emperor nained, 
(ot insulam deportandt), Ulpian. de o£ Prarfl Urb^ 

The praefectofthe city was, ^ it were^ tiie substitute 
ivicarius)^ of the Emperor, and had one under him, v9bo 
exercised jurisdiction in Ms absence, or by his command. 

The prefect of the city seems to have had the siune instg* 
nia with the prfi^tors.^ 

n. The pnefect of the pr^torian cohorts, (PHiEFEC- 
TUS PRiETORIO, vel pratorm cohartibus); or the com^ 
mander of the emperor^s body guards. 

Augustus instituted two of these from theequestrian order, 
by the advice of M«cenas, that they might counteract om 
another, if one of them attempted any innovation, Dio. lii. 24. 
Their pQwer was at first but small, and merely milit»y. 
But Sejaaiis, being alone invested by Tiberius with this 
command, ilicreased its influence, (xnm prafectura moS^ 
earn antea iniendit), by collecting tlie praetorian cohorts, for- 
merly dispersed through the city, into one camp, Tacii^ 
Arm. iv. 2. Suet. Tib. 37. 

The prefect of the praetorian bands was under the succeed- 
. ing emperors made the instrument of their tyranny, and 
dierefore that ofBce was conferred on none but those whom 
they could entirely trust 

They always attended the emperor to execute his com- 
mands ; hence their power became so great, that it was litde 
inferior to that of the emperor himself, (ut nm muttum abfue* 
tit a principatu ; tnuntis proximum vel akerum ab JiugmH 
imperiQy Vic. de C»s. 9.) Trials and appeals were brouj^ 



ORDi^TAlir MAGISt&AtJCS 161 

fiefbre tiirai ; and from their sentence there was no appeal^ 
tuiless by way of supplication to the empa-or. 

The praBtorian prae&ct was appointed to his ofSce ,by the 
cmperar'« delivcrbg to him a sword, PUju Paneg* 67. /&- ' 
rod. til. 2. jDuk lnvm. 33* « . ' 

Scmustimc^ there wasbut on^ prefect, and sometimes two. 
Constandne created four prafecti prataria : but he changed 
their office very much from its original institution ; for he 
xnade it civil instead of mitilary» and divided among them 
the care of the whole empire. To one he g:ave th(E^ command 
cf the east) to another of Illyricum; to a third of Italy and 
Africa; and to a fourth of Gaul, Spain* and Britaiu: but 
betook from them the command of the soldierst and trans;-^ 
ferred that to (^cers, who were called ma;i«/n eguitum. 

Under each o{thcs^prafect» pratatio tvese several sub. 
itkutes Ct;inirffX who had the chaige of certain districts^ 
which were called DICECES£S ; and the chief city in 
cadi oftheset where they lield their courts^ wa^ called ME- 
TROPOLIS. Each dicBcemmighi contain several metro^ 
pciesf and each jN^iropo&r had several cities under it But 
Ci0ero;Bae8 DiCECESlS for the part of a province, ad At^ 
tie, V. 31. Fam. iU. 8. xiii. SZ. 67. and calls himself £PIS* 
GOFUS, ioHXHStor or governor of the Campanian coast, as 
of a dii^rem, ad Att vii* 1 1. 

m. PRiEFECTUS ANNONiE, ydrei/rumentaruc, 
HFho had the choife of procuring corpi 

A magislraie used to be created for that purpose on extra- 
ordinary oGcasiona under the republic : thtis L. Minuttusi 
Iav. iv. 12* and so. afier wields Pompey with greater ppwer^ 
(jmnispoUHas rei frumcataria iaia orbe in qumguemnum 
€i daia €st\ Cic Att. iv. l.«Dio. xxxix. 9. Liv. Epit* 104^ 
Plin^ Pah. S9« In the tune of a great scarcity, Augustus 
Moaaelf undertook the chaise of providing corn, {pr^fectu* 
tarn anmm^ iug^efiii), and ordained, that for. the future two 
num of pr*torian dignity should be annually elected to di^^* 
charge that ofEce, Dm Uv. 1. Afterwards he appointed 
four, Md. 17. and thus it became an ordinary magistracy^ 
But uMal^ dMEse seams to have been but one pnefectus 
It 1MB M first an office .of great dignitir, TacU. 



\ 



Mfi HOMAN ANTIQUITIES. 

Am. u 7« xi. 3L ITuit. iv. 68. but nctaa.in afterttfde«, 
Meetlu de Cemal. FJnL m. 

IV. PRi£F£CTUS MIUTARIS iBRARU, a pemoo 
who had the chaise of tibe public fund, which Augusta^in- 
stituted for the support •f the anoy« (dFrarium mibiefeifim 
navis vectiga&bus ad iuewhs prasegueridcmgue miUieSy Suet^ 
Aug. 49.) . . 

. V. PRiEFECTUS CLASSIS, admind qf die flm. Au- 
gustus equipped two fleets, which he statioiiedi icfUUtituUy^ 
the one at Raveniia on the Hadriatic, and die other at Miaena 
or -utn on the Tuscan sea. £acb of these liad its own^pro^ 
per cCHnmander, iprtt/eetus classUJRavenMiis^ Taoit Hist; 
Hi. 12. etprafectUM tiasns ARienatium^ Veget. iv. SSL) 
There were also ships stationed in odier places ; as, wdie 
Pontus £uxintis/7brt#. Hi^ \u 83. near Atexaadria^ iSmrfe 
Aug. 98. on die Rhkie, Fl^. iv. 12. and Danube, TaeU. Amn 
nal. xiii. 30. &c* ' 

VL PRiEFECTUS VIGILUM, die officer who com. 
manded the soldiers who were appointed to watdi the dCy* 
Of these there were seven cohorts^ one for every twa wards, 
ftma eahors bims regiambus)^ composed chiefiy of manmut- 
ted slavey, Uibertino miUte), Suet. Aug. 25. and 30. Those 
who guarded adjoining houses in die night tiaate, carried each 
of them a beH, (Mufitf, iintinnabuhimy^ to giine the ahHrm- ta 
One anotlier, when any thing h^ipened, Iktf. Kv« 4. 

The pr^fectM ingilum tock cognizance of iscendiariesi 
thieyes, vagrants, and the like ; and if any amKtoiis «aae 
happened, it was remitted to the praefi^<rf*the city. 

There were various odier oiagfatrates in the Jattcr tsmea of 
the empircy called dnrnte^^ Correc^res^ Duees^ Magiiiri 
Offieiorumi Scrwhrum^ &c. who were kcmoured with vari« 
^Mis epithm aceording to their dtffisrent degrees of digniijr ; 
as, Ckrissimij iUustreSf $peetabUe$y egregii^ perfeeitmim^ 
&e* The h«heattitte was, iio6ifij«imia and jiffri^^ 

r EXTRAQRDINARY MAGISTRATES. 

I. DICTATOR anrf MASTER o/HORSE. 

THE dictator waa so called, other because hewaanwMf 
by . the c€Hi5ul,(9ficx/ aconmk dficeiettir, cm dapto om^ 
ne$ audimtes nHnt$ Varro de .Lat»^ling.*iv* 14^) or tidhtr 



Ext&AORBIKAILT ^AGlfffllAT£S» 16S 

Irontbis pabiisluiig ediets or orders, (a dictando, quoSmuita 
dictaret, L e. eAoeret : et Immints pro legibus habertntqtus 
dieeret, Shaet. JuL 77.) He was alsO'Called magister popui^^ 
Sen. E|nsL 109. 2ind pratt^maximus^ Liv. vii. 3. 

Tbm jsagisiracy xcms to have been btnTowed from thQ 
Albsuw, «r Lstatis^ Liv. u 23» Qie. pro Mti. 10. t 

It is iinoertai& who Was first created dtolatort or in what 
year. Lhry sar^ that T. Lartiu&Mras first ci^ated dictator, 
A* U» 353, niiie years after the eKpubkni of the kings^.s^* 

The irsst cause <^ creating a dictator was Ae fear of a do* 
neaEtiCsoditian^ and ofa dangerous war from the Latins. As 
the authoriQr of the consuls was not sufficient^ respected* 
mi aoocnnit of the liberty of appeal from dietn,tt was judged 
proper, in daagcrou* conjunctufes, to create a sins^e magis- 
traie w^ absolute power, from whom there should be no 
appeal, Zav. ii. 18. 29. iiL 20. Cic. de Leg. iii. 3. and who 
should not be restrained by the interposition of a colleague, 
LHoBfrsi V. 70» (^e. 

A dictalnr was afterwards created also for other causes: • 

As^ 1. For fixing a nail (ulaoifigendi vel ptmgendi causaJ 
m tbe right side of the temple of Jupiter, which is supposed 
to have been ^ne in those rude a^s, ( cum titer* erwitra" 
r^)^ to mark die number of years. This was commonly 
doqeby the ordinary magistrate; but in the time of a pesu* 
leiioe, or of aay great public calami^, a dictator was created 
iorttuit puq>bse, (quia majus imperium eraOj to avert the 
divine vnrach, Liv.- vii. S. viii. 48. . 

2. For holding the comida, Xcv« viii- 23f ix- 7- xxv« 2* . 

3» For tbe sake of instituting holidays, M vii- ^- or of 
cdehn^u^ games when the iprMor^ was ^ndi^osed, LiVf 
viS. 40. iic* 34. 

4. For holing trials, (ql^^ttwnibus exercendis)^ Id. ix« 
26. 

And, 5. Ohcefor chuMigl^nators, (qtd senatum legeretX 
on whid) occa^on there were two diolators, one at Rome, . 
and another commanding an army, which never was the 
ease at any other time, Lw. x^tii. 22, &c« 

The dictator was not created by the suffra«;es of thepeo- 
pie, as the olh^*^magistrates; but one of the consuls, by or* 
der of ^ainate, named as dictator i(4viteverpersQn.ofcQn^ 



164 liOMAN ANTIQUITlEfi. 

sular dignity he thought proper ; and diis he didi aiW fasr^ 
ing taken the auspices, usually in the dead of the night, {»«- 
/• silentio, ut mos esty (Hf^Utiorem ihxk\ Liv« ix. S8. viiu 2S^ 
Dionps. X* 23. (post mediam noctem\ Fest. in voce, si- 

XENTIO, $INISTRyM,et ^OLIDA SELLA. 

One of the military dributies als^ could name « dicta- 
tor ; about wluch Livy infornus us there was some scrupfet 
iv. 3L 

A dictator might be nominated out of Romet i:^ ovided 
it was in the Roman territory, wh^ch was limited to Italy* 

Sometimes the people gave directions whom the causal 
should name dictsKor, Lio. xxvu. 5. 

Sylla and Osar were made dictators at the amitm^ wa 
interrex presiding at the creation of die former, and Lepi* 
dus the prator at the creation of the latter, Cic. pro BmUL 
iii. 2. C^s, beL av* ii. l9.Dio. xH* 3d* 

In the second Punic war, A. U. 5S€, after the destruction 
of the Consul Flaminius and his army at the. Thrasimene 
lake, when the other consul was absent from Rome, and 
word couldnot easily be sent to him, the peq)le created Q* 
Fabius Maximtts PRODICTATOR^ and M. Miaucius 
Rufus master of horse, Iav. xxii. 8, & 31. 

The power of the dictator was supreme bath in peace 
and war. He could raise and disband armies ;• he could 
deta'mine about the life and fortunes of Roman citizens, 
widiout consulting the people or senate. Hb edict was ob« 
served as an oracle ipro tmmiw ob$ervatum\ Liv* vifi» 
34* At first there was ao sQ>peal fr€mi lum, till a law was 
passed, liiat no magistrate shouldbe created without the 
liberty of ^ppe^iff sine^pr<wopa4ime\ first by the consuls 
Horatius and Valerius, A. U* 304. Lw. iii. 55. and afier«. 
ivards by the Consul M. Valerias, A. U. 453, . Liv. x. 9. 
Festusinvoc. optima lkx. But 'the force of this law with 
respect to the dictator is doubtful. It was once strongly 
ccmtested, Ltv* viii 33. but never finally decided* 

The dictator waa attended by twenty *lbur lictors wiA 
iihtfascee and secures even in the city, Xen. ii. 1& so that 
Livy justly calls imperium diciatmt^ iuo ingemo vehemms^ 
ii.3Q. 

IjY hen a diqlvtor was oftated* all the other snagi^ttft 



ExTSAO&BIiriET MA6l&tEAT£S« HS 

abcficated their ftutbarttjr^ esECcpt die tribunes of Hie com* 
moas^ FotffL in. 87. The consuk however stiU oantkiuod 
to act, Lw. iv» 527. but in obedience to the dictator, md 
without any enaigiis of authority in iiispveseoce, Iav. xxiL 
11. 

The pourer of the dictatte was circumscribed by certain 
limits. 

1. It only continued for the space of six months, {semes* 
iris dietatura}^ Liv.4x. 34* even dithough the business fior 
which he had been created was not finished, and was never 
proiougedbeyond that time,, except m esctreme necessity, as 
in the case of CamiUus, IJau vi. 1. ForSylla and Caesar 
usurped their perpetual dictatorship,, in coiiteaipt of the \am% 
of their country. ^ 

But the dilatator u^iaHy resigned his command whenever 
he had effected the business for which he had been CTealed» 
Thus Q. Cindnnatus and Mamercus iEmihus i^xlicated 
^ ffictatorshq) on the I6th day, Uv. iii. 29. iv. 34. Q* 
Servilius on the eighth day, Af. iv. 47, &c* 

S. The dictslor could lay out none of the public moneys 
without the §uthority of ^ senate, or the order of the peo- 
ple. 

3. A dictator was not permitted to go out of Italy, which 
was mily once violated^ and that on account of the most ur-r 
gent necessity, in Atilius Calatinus, Lav. epiu xix* . 

4, The dictator was not altbwed to ride on horsebacki 
without asking the permission of th9 people, Zfo& xxiii* 14. 
to sdiew,.as it is thought, that the chief strength of the Jlo- 
man army consisted in. the infantry. 

But the principal check against a dictator's abuse of pow- 
er was, that he might be caUed to an account for his conduct 
when he resigned his office, Liv. viL 4. 

For 120 irears before Sylb, the creation of a dictator was 
disused: but in dangerous emenrencies the consuls were 
armed with ctictatortal power. After the* death if Caesar, 
the dietatorship was for ever abolished from the state, by a 
)aw of Antony the consul^ Cic. Pkd. i. 1. And when Au- 
gustus was urged by the pe^le to atcept the dictatorship, 
he refused it with the strongest marks of aversion, {genu nix* 
mt^^ta ub Immeris ti^gu^ nudo pectore^ depucaiui est). 



IM ROMAN ANTIQUITIES. 

Ghiet* Aug. 53. Possessed €^ the power, he wisely ddcBft* 
ed anodioas tpipeUation, i!>i0. liv. 1. For, eirer since the 
usarpaidoaof Sylla, the dictatordiip was detested oii ac- 
count of the cnidties which that tynuit had exercised under 
the dtle of dictator. 

To allay the tumults whieh Mowed the murder ctfClo- 
dius by Milo, in place of adictater, Pompey wasby sui im- 
precedented measure made sole consul^ A. 17. 702, Dia. xL 
50. Uct however, on the first of Augfest« assumed Sc^ioi, 
his father»in4aw, as colleague, Dio. ,xL 51. 

When a dictator was created, he immediately nominaMd 
CdixiO a master of horse, (MAGISTER EQUITUM), 
usuallj^ from among those of consular or pnetorian digm^ 
whose proper office was to command thecavahy, and also to 
execute the orders of the dictator. M. FabiuK Bcneo^ the 
dictat<^ nommated to chuse the aenate, had bo master of 
horse. ^ 

Sometimes a master of horse was chosen (datui vd oAft^ 
tus est) for the dictator, l^ Qie senate car by the order of the 
people, Ltv. vii. 12, 24, 28. 

• The maghterequitum mig^ be deprived of ^s command 
by the dictator, and another nominated in his room, Lw^ 
viii. 35. 

. The people at one time made the master of horse, Mfam- 
eius, equal in command with die dictator, FabiusMaxi^ 
mus, Ltv. xxii. 26. 

The master of horse ns supposed to have had mudi the 
same msignia with the pr^tor^ six lictors, the pr^teostOy &c. 
Dio. xlii. 27. He had the use of a horse, which the dictawr 
had not without the order of the people. 

II. The DECEMVIRS. 

THE laws of Rome at first, as of pther ancient nations, 
were very few and ^mple, Taeit.jimuiiu 26. It is 
thougfit Ifcere was fcx- some time no written taw;, (mhilseripii 
juris). Differences were detennined(/Sf/f«£SfrtiM^^ 
the pleasure of the kings, {regutn arbitrioiy according to the. 
principles of natural equity ,X4%r ^quo et bmo\ Seti^c Epist* 
90. and their decisions were hdd as laws, Dicmi^^x. 1» 
The kings used to publish their commands, either by pa^t^ 



Deceuviis* 167 

ins Uiem t4> in public on a white waU or tablet, (m o^ 
i(tia pnpwure in publico J^ Liv. L 32, or by i| herald, lb. 44« 
Hence they were said, ^imita MANU gid>ernare^ Pompon* 
L SL. i 3« 0. de eijg. jtir. (i. e* potesiat^ cUmpehOj Tacit. 
Agric. 9.) 

*rfae kings, however, in every thint of importaiioe con* 
suited the senate and likewise the people. Hence we read of 
the LEGES CURIAT^ of Bomuius and of the other 
kings, which werealso called LEGES REGIiE, Liu. v. 1. 
But the dnef legislator was Scrvius Tuilius Ipr^cipuus 
sanct^r legwn)^ Tac. Ann. iii. 26. all whose laws however 
w&c aboKsbed at once (una edicto sublai^)^ by Tarquinius ^ 
Supecbus, Dionus* iv. 43. » 

After the expulsion of Tarquin die institutions of th» 
kings weie observed, not as written law, but as customs, 
ftanquam mores majorum); and the consuls detetinmed 
most causes as the kings had done, according to their plea^ 
sure. 

But justice b^a% thus extremely uncertain, as dependuig 
on the will of an individual,(m unius voluntate posttum^ Cic. 
Fam. ix. 16.) C Terentius Ajsa, a tribune of the commoBs, 
proposed to the people, that a body of laws should be drawn 
up, towhichalisdiovild be obliged to conform, .(gi/o omiu^^ 
uH Merent}* But this was violendy oiq;>osed by the patri- 
oans, in whom die whole judicative power was vested, and 
to whom the knowledge of the few laws vhich then existed 
was confined, Lm* iii* 9. 

At last, however^ it was determined, A. 17. 299. by a de- 
fsree of the s^iate and by the order of the people, diat three 
ambassadors should be sent to Athens to copy the famous 
laws of Solon, and to exanune ihe|Dstituti(Mis, customs, and 
laws of the odier states in Greece, Liv. iii* 3 1. Plin^ Ep. viii. 
24. ^ 

Upon their return, ten men (DECEMVIRI) were creat- 
jtA from among the Patricians, with supreme^ power, and 
without die fiberty of appeal, to draw up a body of jaws ik- 
gtbu9 scribmdUJydl d^ other magistrates having first abdi- 
cated the]r*o£Eice, Liu. iii? 32. &'33. • 
The deeemviri at first behai^ with great mbderation* 
Bach adnmistered justice to the peofde every twth day. 



168 ROMAN ANTIQUrriES. 

The twelve fasct^ were carried before him who was to pre- 
side : and his nine colleagues were attended by a single of- 
ficer, called AC CENSUS, Lw. iii. 33. They propose^ ten 
tables of laws, which were ratifitxl by the peoj^ at the Cann^ 
tia Ceniuriata. In composing them^ they are said to have 
used the assistance of one HERMODORUS^ an Kphesian 
exile, who served them as an interpreter, Cic. Tusc. v* 36. 
Piin. xxxiv. 5. s. 10. 

As two other tables seemed to be wanfing, decemviri were 
again created for another year to make them. But these new 
magistrates acting tyrannically^ and wishing to retain their 
command beyond the legal time, were at last forced to re* 
sign, chiefly on account of the base passion of Appiu^ Clau- 
dius, one of their number, for Virginia, a virgin of Plebeian 
rank, who was slain by her fatlier to pjrevent her falling into 
the Decemvir's hands. The deeemvirt all perished either in 
prisoii, or in banishment. 

But the laws of the twelve tables (LEGES DUODE- 
CIM TABULARUM) continued ever after to be the rule 
and foundation of public and private right through the Ro- 
man world, {Fons universi publici prwatique juris^ Id. 34. 
I^nis ^qui juris y Tacit. Ann- iii. 27J They were engraved 
on brass, and fixed up in public, (Leges DECEMVIRA* 
LES, qurhus tabulis duodecim est nomen^ in ^s incisas in 
publico propQsuerunt : sc. consules^ Liv. iii* 57 J and even in 
the time of Cicero, the noble youth who meant to apply to 
the study of jurisprudence, vi'cre obliged to get them by heart 
as a necessary rhime, {tamquam carmen necessariumX Cic- 
de Legg« ii. 23. not that they were written in verse, as some 
have thought ; for any set frirm of wrntis, f verba concepta% 
even in prose, was calle<l CARMEN, Lti;. i. 24, & 26. iii, 
64. X. 38. or carmen eotnpositum, Cic* pro Murtl^n. 12. 

III. TRIBUNI MILITUM CONSULARI POTES- 

TATE. 

THE cause of their institution has already been explain^^ 
ed, (see p. 109.) They are $o called, becattse those of 
the plebeians who had been military tribunes in the army 
were the most conspicuous. Their office and insignia were 
much the same with those of the consuls* 



Pbovincial Macistbjites* 169 

IV. INTERREX. 

CONCERNING the causes of creating this magistrate, 
&c.(seep. 116.) 

Other EXTRAORDINARY MAGISTRATES 
of less Note^ 

np'HERE were several extraordinary inferior magistrates; 
-*• as, DUUMVIRI perduellimU judicanda causa^ Liv. 1. 
26. vi. 20. Duumviri navales^ classis ornanda reficiendaque 
causa^ Id. ix.SO. xl. 18. 26. xli. 1 1. Duumvin ad adem Ju-^ 
fioni Mometa faciundamy Id. vii. 28. 

TRIUMVIRI colonic deducenda^ Liv. iv. ll.,vi. 26. 
viiL 16. ix. 28. xxi. 25. xxxi. 49. xxxii. 29. Triumviri bu 
nU gui citra et ultra quinguagesimum lapidem in pagis forts- 
^ue et conciiiabulis omnem copiam ingenuorum inspicerent^ et 
idoneos adarma ferenda conguirererU, militesque factrent^ 
Id; XXV. 5. Triumviri bini; unisacrts conguirendis donis- 
gue persignandis ; alteri rejiciendis tedibus ^acrw, Id. xxv. 
7. Triumviri mensarU^facti ob argentt penuriam^ Liv. xxiii. 
21. xxiv. 18. xxvi. 36. 

QUINQUEVIRI, agro Pomptino dividendo, Liv. vi. 21. 
^uinguevirij ab dispehsatione pecuniae ME^SARII appel- 
latt^ Id. vii. 21. Quingueviri muiis turribusguerejlciendis^ Id. 
!rxv. 7. minuendts publicis sumptibusy Plin. Ep. ii. 1. Pan. 62. 

DECEMVIRI a^m wfer veteranot mUites dividendis^ 
Liv. xxxi. 4. 

Several of these were not properly magistrates. They 
were all, However, chosen from the most respectable meii 
of the state. Their office may in general be Understood 
fVom their titles. 

PROVINCL\L MAGISTRATES. 

THE provinces of the Roman people were at first govern* 
ed by pratars^ (see p. 134.) but afterwards by procort* 
suls and propratots^ to whom were joined quastors and lieu-^ 
tenants* 

The usual name is PROCONSUL and PROPRIE- 
TOR ; but sometimes it is written pro consule and pro pra^ 
tor^i in two wordsi 

A a 



170 ROMAN antiquities: 

Anciently those were called proconsuls j to whom theccmi- 
mand of consul was prolonged (imperium prorf>ffaMm) after 
their office was expired, Ltv. viii. 23, &f 26. ix. 42. x. 16* or 
whq were invested with consular authority, either from a 
subordinate rank, as MarceHus, after beifig praetor, (ex pr^^ 
tura\ Liv. xxiii. 30. andGellius^ Cic. Legg. i. 20. or from 
a private station, as Scipio, xxvi. 18. xxviiL 38. Thk wm 
occasioned by some public exigence, when the ordinary ma- 
gistrates were not sufficient. The same was the case with 
propnttors, Cic. Phil. v. 16. Suet. Aug. 10. Sail. Cat. 19. 
The first proconsul mentioned by Livy, was Tt Quinctius, 
A. U. 290, Liv. ill. 4. But he seems to have been appointed 
for the time. The first to whom the consular power was pro- 
longed, was Publilius, Liv. viii. 23, & 26. f. The name of 
Proprator was also given to a person, whom a general left 
to command the army in his absence, Sallust. Jug. 36. 103. 

The r\2LVRG8o( consul md proconsul^ prator and propr^tar^ 
are sometimes confounded. Suet. Aug. 3. And we find all 
governors of provinces called by the general name of pro^ 
consulesy as of prasides^ ibid. 36. 

The command of consul was prolonged, and proconsuls 
occasionally appointed by the Comitia Tribute^ Liv. x. 24. 
xxix. 13. XXX. 27. except in the case of Scipio, who was 
^ent2is proconsul iT\t6 Spain by the Comitta Centuriata^ xxvL 
18. 

But after the empire was extended, and various countries 
reduced to the form of provinces, magistrates were regularly 
sent £rom Rome to govern them, according to the Sempro- 
nian law, (see p. 122.) without any new appointm^it of the 
people. Only military command was conferred cm them by 
the Comitia Curiata, (see p. 84.) 

At first the provinces were annual^ i. e. a proconsul had 
the government of a province only for one year; and the 
same person could not command different provinces. But 
this was violated in several instances ; especially in the case 
of Julius Caesar, Suet. Jul. 22, 6f 24. Cic. Fam L 7. (see p. 
25, 123.) And it is remarkable, that the timid compliance of 
Cicero with the ambitious views of Csesar, in granting him 
the continuation of his command, and money for the pay. 
ment of his troops^ with other immoderate mA unconstitn* 



pROViirciAL Magisthatbs. 171 

tkmd ooneeanona, dcPrawnc* ComuL & pro Balbo, 27« al. 
though he secretly condemned them, Fanu i. 7. Attic, ii. 17. 
X. 6. ^oved &lal to himself, as well as to the republic. 

Tl|e prapttMTS cast lots for their provinces, (proim^io^ sortie 
ebant^r)^ or settled them by agreement {inter se campara- 
bant}f in the same manner with the consub, Liv. xxvii. 36* 
xxxiv. 54. xlv, 16. Esf 17. But sometimes provinces were 
determioed to both by the senate or people, Id. xxxv. 20. 
xxxvii, 1. 

The senate fixed the extent and limits of the provinces, 
the number of soldiprs to be maintained in them, and money 
to pay them ; likewise the retinue of the governors, (COMI- 
TATUS velcoAo«),and their travelling charges, (VIATI- 
CUM). .And thus the governors were said, ORNARI, i. e. 
oii/m^ to be furnished, Cic. in RuU. ii. 13. What was as* 
signed them for the sake of household-furniture, was called 
VASARIUM, Cfc. in Pis. 35. So vasa^ furniture, Liv. L 
24. 

A certain number of lieutenants was assigned to each pro- 
consul and [H-opraetor, who were ai^ointed usually by the 
senate. Cur. Fam. u 7. or with the permission of the senate 
by the proconsul himself, Id. xii. 55. Nep* Attic- 6t who was 
then said^ aliquem sibi legarcy Id- vj. 6* or very rarely by an 
order of the people, Ctc* in Fatm. 15- The number of lieu* 
tenants was different according to the rank of the governor, 
or theextept of the province, Ctc- P/wY-ii- 15- Thus, Cice* 
ro in Cilicia had four ; Caesar in Gaul ten ; and Pompey in 
Asia fifteen- The least number seems to have been three- 
Quintus, the brother of Cicero, had rft more in Asia Minor, 
Ctt?. ad Q'/r- i. 1. 3- 

The office of a legatus was very honourable ; and men of 
prsetorian and consular dignity did not think it below them 
to bear it : thus Scipio Africanus served as legatus under his 
brother Lucius, Lw. xxxvii* 1, &c. Geli. iv. 18. 

The legati were sometimes attended by lictors, Liv. xxix. 
9. as the senators were when absent from TXomc, jure libe^ 
r€ legaii^mist (see p. 23.) but the person under whom they 
served, might deprive them of that privilege, Cic. Fam. xii* 
30. 

In the retinue of a pipconsul were comprehended hismlli. 
tary officers, iprafecti)^ and all his public and domestic at. 



172 ROMAN ANTIQUITIES^ 

tendants, Cic. Vcrr. ii. 10. Among these were young noUeJ 
men, who went with him to learn the art of war, and to see 
the method of conducting public business ; who, on accotiiit 
of their intimacy, were tailed CONTUBERNALES, Cic. 
pro CctU 30. pro Plimc. 1 1 . From this retinue under the re- 
public, wonien were excluded ; but not sounder the erape^ 
rors, Taeit. Arm. iii. S3, & ^4. Sueh Octav. 34. 

A proconsul set out for his province with great pomp. 
Having offered up vows in the capitol, (votis in capitohomm* 
eupatis) ,dressed in hi smilitary robe, {paludaius) , with twelve 
iictors going before him, carrying xi\t fasces sjid seeureSj and 
vrtth the other ensigns of command, he went out of the city, 
with all his retinue. From thence he either went straight* 
way to the province ; or, if he was detained by business, by 
the interposition of the tribunes, or by bad omens, Plutarth. 
iti'Crasso ; Cic. Divin. i. 16. ii. 9. Flor. iii. 11. Dio. xxxvii. 
50. he staid for some time without the city ; for he could not 
be within it while invested with military command. His 
friends, and sometimes the other citizens, out of respect ac* 
companied him (offieii causa^ prosequebanturX for some 
space out of the city with their good wishes, Ltv. xlii* 40* 
xlv. 59. • When he reached the province, he sent notice of 
his arrival to his predecessor, that by an interview with him, 
he might know die state of the province ; for his command 
commenced on the day of his arrival ; and by the COR. 
NELIAN law, the fQrmer proconsul was obliged to depart 
within thirty days after, Cie. Fam. iii. 6. 

A proconsul in hisj)rovince had botli judicial authority 
and military commano, (potestatem veljurisdictignemet m- 
perium). He used so to divide the year, that he usually de- 
voted summer to military affairs, and winter to the adminis- 
tration of justice, Gc. Att. v. 14. He administered justice 
much in the same way with the praetor at Rome, accordmg 
to the laws which had been prescribed to the province when 
first subdued, or according to the regulations which had af. 
tcrwards been made concerning it by the senate or people 
at Rome ; or finally according to his own edicts, which he 
published in the province concerning every thing of import- 
ance, Cic. Att. vi. 1. These, if he borrowed them from 

Others, were called TRANSLATITIA vel TraiaHiia, y. 

* - • . . . • 



Provincial Magistratis. 173 

if not; NOVA. He always published a general edict 
before he entered on his goyemment, as the prastor did aft 
Rome. 

The procoRBul held assistes or courts of justice, iforum 
vel canoentus agtbat)^ in the principal cities of the province, 
so that be might go round the whole province in a year. He 
himself judgtd in all pubUc and important causes ; but mat- 
ters of leas consequence he referred to bis qusestor or lieu- 
tenants, Ci€. Flacc. 21. in GeciL 17. Ferr. ii. 18. Suet. JuL 
7. and aba to others^ Cic. Ati. v^ 21. ad %fratr. i. 1. 7. 

The proconsul summoned these meetings, (conventusin^ 
€Kce6ai\ by an edict on a certain day, when such as had 
causes to be determined should attend, Liv. xxxi. 29. To 
tibis, Virgil is thought to allude, .^n. v. 758. Indicitquefo^ 
rum^ &C. 

The provinces were iUvided into so many districts, called 
CONVENTUS, or circuitSy (*^i. Pbn. £p. x. 5.) the in. 
habitants of which went to a certain city to get their causes 
determined, and to obtain justice, {disceptandi et juris obti* 
nendi causa cotmeniebant) Thus Spain was divided into se-: 
ven^drcuita, {in septem com)entus\ Plin. iii. S. The Greeks 
cxSioAcaimjeniusiigtre iy*t^m iiytn, sc. «fB»^«$. ^mAct.A-^ 
pogt* xix. 38. ir«f«ti mymtt^i. Sec. conventus aguntUTy sunt 
proccnsules ; in jus vocent se itwicem. Hence conventus ctT'^ 
cwmtCy Suet. JuL 7. pereurrtre^ C«s. viii. 46. for urbes 
circumtrcy ubi hi conventus agebantur. 

The proconsul usually chose twenty of the most re^^ect^ 
able men of the province, who sat xvith him in council, {qui 
ei in c&nsiliaaderanty assidebant) and were called his council, 
CONSILltJM, Cmsiliarity ASSESSORES, etJiecupera^ 
tores. Hence, Consiiimn cogere^ in consilium adwcare^ ad^ 
hibere; in consilto esse ; adesse^ assidere, habere; in consHi- 
urn trCy mittercy dimitiere, &c. The proconsul passed sen- 
tence according to the opinion of his council, (de cansilii sen* 
teotia decr^t, pronunc%avit\ Scc« 

As the governors of provinces were prohibited from using- 
any otfier famguage than the Latin, in the functions of their 
office, FuL Max. ii. 2. 2. they were always attended by in- 
terpreters^ Cic. Ver. iii. 37. Fam. xiii. 54. Thejudices were 
phosendiffinntiy in different places, acccarding to the. ranl^ 



174 ROMAN ANTIQUITIES. 

of the litigants, and the nature of die cause, Cic. I^m*«. S. 
13. 15. 17. 

The proconsul had the disposal IcuraHo) of the com, oT 
fte taxes, and in short, of every tMng which pertained to the 
provinoe. Com given to the proconsul by way <rf pneaent, 
.was called HONORARIUM, Cic. in Pis. 35. 

If a proconsul behaved wcU, he received the highest ho- 
nours, Cic. AiU V. 21. as, statues ^ temples^ brazen harsees 
&c« which through flattery used indeed tobeerectedof coiffae 
to all governors, though ever so corrupt and oppressive. 

Festival days also used to be appointed ; as in honour of 
Marcellus, (Mar c ell £ a, ^orum\ in Sicily, and of Q. Mu« 
cius Scsevola, (Muce a), in Asia, Cic. Vert. ii. 21 10. 13. 

If a governor did not behave welt, he might afterwards 
be brought to his trial ; 1. for extortion, (REPETUNDA* 
RUM), if he had made unjust e^tactions, or had even re. 
ceived presents, Flin. Ep. iv. 9«-^2. for peculation, (PE« 
CULATUS),if hehadembezsled thepublicmoney; henoe 
called PficiTLATOR, or i)£P£cuLATOR,./^^^M«mCer. F^rr* 
Act. i. 1. — and 3. for what was called crimen MAJESTA- 
TIS, if he had betrayed his army or province to the enemy, 
or led the army out of the province, and made war on any 
Ijrinice or state without the order of the people or die decree 
of the senate. 

Various laws were made to secure the just administratioB 
of the provinces : but these were insuffici^t to check the 
rs^acity of the Rbman magistrates. Hence the provinces 
were miserably oppressed by their exactions. Not oidy ^ 
avarice of the governor was to be gratified, but diatof iril 
his officers and dependents; as, his lieutenants, tribunes, 
praefects, &c. and even of bis freedmen, and favourite shive& 
Juvenal. viiL 87. — 130. 

The pretexts for exacting money were various. The towns 
and villages through which the governors passed, woe ob- 
liged, by the JULIAN law, to supply them and their re. 
tinue with forage and wood for firing, Cic. Att. v. 16. The 
wealthier cities paid large contributions for being exempted 
from furnishing winter-quarters to the army. Thus Ae in- 
habitants of Cyprus alone paid yearly onthisaccotmt^SOO 
talmts, or about 40,000/. sterling, Or. .^1/^ V. 21. 



ProvinciaI Magistratss. 17S 

Aneiently a proconsul, whra he had gained a victoiy» 
used to have golden crowns sent him, not only from die dif- 
ferent cities of his own province, but also from the neigh* 
•booring states, Liv. xxxviii. 37. 14. which were carried 
before him m his triumph, Id. xxxvii. 58. xxxix. 5. 7. 29. 
xl. 43. Dio. xlri. 49. Aftt^Wc^rds the cities of the ixrovince^ 
inritead of sending crowis, paid money on this account, 
which wascaUed AURUM CORONARIUM, and was 
fionetimes exacted as a tribute, Cic. in Pis. 37. 

A proconsul, when the annual term of his government 
m2i& dlapcjed, delivered up the province and army to his suc- 
cessor, if he sffTtved in time, and left the province within 
thiitj days : but first he was obliged to deposit in two of 
the prkidpal cities of his jurisdiction, an account of the mo- 
ney which had passed through his owrr or his offioera* 
hands, stated and balanced, {apud duns civitates^ grnt max^ 
ima viderentur^ rationes cor^fectas et cansoHdatas deponere\ 
Cie. Fam. v* 20* If his successor did not arrive, he never- 
tinokssB departed* leaving his lieutenant, or more frequently 
Ins quaestor, to command in the province, Cic. Fam. iL IS. 
Ati»yuS.6. 

When a proconsul returned to Rome, he entered the cfty 
as a private person, unless he claimed a triumph ; in which 
case he did not enter the city, but gave an account of his ex- 
•ploits to the senate assembled in the temple of Bellona, or 
in some other temple without the city, Uv. iii. 63. xxxviiL 
45. Dio. xlix. 15. In the mean time he usually waited near 
tiie city till the matter was determined, whence he was said 
adurbem esse. Sail. Cat. 30. and retained the title of IMP£- 
RATOR, which his soldiers had given him upon his victo- 
ry, with the badges of comnumd, his Uctorsy zndJasceSi Sec. 
Appian says that in his time no one was called impera- 
tot^ unless 10,000 of the enemy had been slain, De Bell. 
Cw. ii. p. 455. When any one had pretensions to a tri^ 
umph, his fasces were always wreathed with laurel, Cic. 
Fam. ii. 16. AtU x. 10. as the letters were which he sent to 
the senate concerning his victory, Cic. m Pw 17. Some- 
times when the matter was long in being determined, he re- 
tked.to some distance from Rome, Cic. AtL vii. 15. 

If he obtained a triumph, a l)ill xrsc^ proposed to the peo- 



tl6 ROMAN ANTIQUITIES. 

pie, that he ahoiUd kwe military comoiaad, {tU eijmfifiriutii 
euet) on the day of hb triumph, Jjw. xlv* 35. Cie* Atu'vr^ 
16. for without (his no we could have military coifxmfSiA 
ItrithmtheQity. . . 

Thea he was obliged by the JULIAN law, within thiity 
day« to give in to the treasury an exact copy of the ac-- 
QO|Lints» which he had left in the province^ ieamkm robm^M 
totidem verbis te/erre ad ^ariumX Cic* Att. v* 8(X At 
the same time he recommended thooe^ who deserved pnlDfiie 
rewards for their services, (in beneficm od ararmmde4uht)f 
Cic* ibid, et pro Ai^;h» 5. 

What lias been said concerning a proconsul^ took pl#oe 
with respect to a proprietor ; unless tlu^ a procoMu) had 
twelve lictor^ and a propraetor only six . The army and re« 
^ue of the one were likewise commonly greater tbm tbMt 
of the other. The provinces to which proconsuls wei^. seal^ 
wefe called P&ocon$ulae£& ; proprietors, Pa^xaAi^, 
J)io» liii. 14. •* . 

PROVINCIAL MAGISTRATES UNDER THE 
EMPERORS. 

AUGUSTUS made a new partition of the provbces- 
Those which were peaceable and less exposed toanoie*^ 
my, he left to the management of the senate and people. Bu$ 
of such as. were more strong, and (^)en to hostile invasions^ 
and where, of course, it was necessary to support greater.ar- 
miqs, he. undertook the government himself, (regendasipse^ 
, susc€pii)y Suet. Aug. 47- ThishediduiKler pretext of easing' 
the senate and people 9f the trouble ; but in reality to increase 
his own power, by assuming the command of the army en* 
tirely to himself. 

The provinces under the direction of the senate, and peo- 
ple^ (PROVINCI^ SENATORl^ et POPULARES 
\Apublica^^MX first were Africa propria^ or the territories. of 
Carthage, Xumidia^ Cyrene ; Asia, (which, when put for ^, 
province, compreheiMied only the countries along the Pror 
pontis and tlie ^^^aw^^Sra, namely, Phrygia, Mysia^ Curiq^ 
Lyduij Cic. pro Flacc. 27), Bithynia and Pontusy Gr^cia 
and Epirus, Dalmatian Macedonia^ Sicilian Sardmia^ V/^^^t 
and Hispania Hcetica^ Dio. liii. 12. 



PaoVINCIAL MACrSTRAT£S. . 177 

Theprovincesof theemperor (PRO VINCIiE IMPER A- 
TORIjE, vel Gesarum,} were Hispania Tarraconensis and 
Zjusitania^ QaUta^ Ctxlosyriay Phoenicia^ Cilicia, Cyprus^ jB- 
gt/ptu$^ to which others were afterwards added. But the 
conditUHi of these provinces was often changed ; so that they 
were transferred from the senate and people to the emperor, 
and the contrary, Dio- liii. 12- liv. 4. 3. Strabo, xvii. fin. 
The provinces of the emperor seem to have been in a better 
stale than thosp of the senate and people, Tacit. Annol. i. 76. 

The magistrates sent to govern the provinces of the senate 
and peopk, were called PROCONSULES, although some- 
times oii\f of Pnetorian rank, Dio. liii. 13. The senate ap- 
poinledthcm by \oX^{sortko mittebant\out of those who had 
bomea magistracy in the city at least five years before, Suet. 
Jbig. S6. Ve$p. 4. Plin. Ep. ii. 12. Dio. lui. 14. They had 
the same badges of authority as theprocotisuls had formerly; 
but ^y had only a civil power, {potestas vel jurisdictw)^ 
and no military command {imperium)y nor disposal of the 
taxes. The taxes were collected, and the soldiers in their pro. 
vincescommanded by officers appointed by Augustus* Their 
authority lasted only for one year, and they left the province 
immediately when a successor was sent, Dio* ibid. 

Those whom the emperor sent to command his provinces 
were called LEGATI CiESARIS pro Consule, Propra^ 
toreSy vdpro pratore^ Dio. liii. 13. Considares Legatiy Suet. 
Tib. 41. Consularesliectoresy Suet. Vesp. 8. orsimply, Con^ 
sutaresj Suet. Tib. 32. Tacit. Hist ii. 97. and Legati, Suet. 
Vesp. 4. also Prasidesj Prafecti^ Correctores^ &c. 

The govemcw of wEgypt was usually called PR^EFEC- 
TUS, Suet. Vesp. 6. or, Prafectus Augustalis, Digest, and 
was the first imporatorial legate that was appointed. 

There was said to be an ancient prediction concerning iE- 
gypty that it would recover its liberty when the ^oman fas- 
€es and pretexta should come to it, Cic. Fatn. i. 7. Trebell. 
PoU. in Mmilum. Augustus artfully converting this to his 
own purpose, claimed that province to himself ; and dis« 
cbangiilg a senator from going to it without permission, Dio, 
Ii. 17. he sent thither a governor of equestrian rank, without 
the usual en&igns of authority, Tacit. Ann. ii. 59. Suet. Tib* 
52. To him was joined a person to assist in administering 

B b 



178 ROMAN ANTIQUITIES- 

justice, caDed Juridicus Aiexandrina civitATls, 
Pandect. {• h**i*i9'nii, Straboj xvii. p. 797.) 

The first pnefect of ^gypt was Cornelius Gallus, cde- 
brated by Virgil in his last eclogue, and by Ovidi Amor. i. 
i 5. 29. {Hunc primum Mgyptus Romanumjudicemhabuii^ 
j^utrop. vii, 7.) Suet. Aug. 66* IHo. li. 17. 

The legates of the emperor wa« chosen from among the 
^diators, but the praefect of iEgypt only from the Eqidtes^ 
Tacit, iii. 60* Dio. liii. 13. Tiberius gave tiiat charge to 
one of his freedmen, Dto* Iviii. 19. The legatl Casaris ware 
a military dress and a sword, and were attended by soldiers 
instead of lictors. They had much greater powers than the 
proconsuls, and continued in command during the pleasure 
of the emperor, JXo^ liii. 13. 

In each province, besides the governor, there was an offi* 
cer called PROCURATOR C-flESARIS, Tacit. Agric. 15. 
or curator 9 and in later times ratumalts^ who managed Ae af- 
fairs of the revenue, {qui fesfisci curabat ; pubHcos redUut 
eoUigebat et erogabat)^ and also had a judicisd power in mat* 
ters that concerned the revoiue, Suet. Claud. 12. whence 
that office was called procuratio ampUstima^ Suet. Galb. 15* 
These Procurators were chosen from among the £(|uites, 
and sometimes from freedmen, Dio. lit. 25. They were se&t 
not only into the provinces of the emperor, but also into 
those of the senate and people, IHo* liii. 15. 

Sometimes a Procurator discharged the office of a go* 
vemor, {vice prasidis fungebatur)^ especially in a small 
province, or in a part of a large province, where the gover. 
nor could not be present ; as Pontius Pilate did, who was 
procurator or propositus, (Suet. Vesp. 4.) of Judea^ which 
was annexed to the province of Syria, Tacit. ArmaLTM. 23. 
Hence he had the power of punishing^ capitally, ibid, x v. 44. 
. which the procuratores did not usually possess, ib. iv. 15. 

To ^ these magistrates and officers Augustus apposited 
diffisrent salaries, according to their i:espectivedigniQry Dio. 
liii. 15. Those who received 200 sestertta were calkd 

DUCEKARIi; 100, CENTEKARII ; 60, SE^CAGEKARZI, 

&c. Capitolin. in Pertinac. c. 2. A certain sum was given 
them for mules, and tents ; which us6d formally to be af- 
forded at tbe public expence, ^w*. ^«jf. 36. 



Rb-XSTABLX&HMBKT Of MOKARCHT. 179 

All these alterations and arrangements were made in ap- 
pearancfe bjr public authority, but in fact by the will of Au- 
gustus. 

RE.ESTABLISHMENT OF MONARCHY UNDER 
AUGUSTUS; TITLES, BADGES, AND POW. 
ERS OF THE EMPERORS. 

TU£ monarchical form of government established by 
Augustus^ although different in name and external ap. 
pearance, in several respects resembled that which had pre- 
vailed uuder ^hc kings. Both were partly hereditarj% and 
partJiy etective. The choice of the kings depended on the 
senate and p<£<9le at large; that of the emperors, chiefly on 
the army. When the former abused their power, they 
were expelled ; the latter were often put to death. But the 
interests of the army being separate from those of the state, 
jocoasioiied the continuation of despotism. According to 
Pomponius, de origmejuriSf D. i. 2. 14. Reg^s omnem: 
I'OTESTATEM HA^uissE, their rights were the same. But 
the account ofDionysiusand others is different (Seep. 
114.) 

As Augustus had become master of the republic by force 
of armst he might have founded his right to govern it on 
that basis, as his grand uncle ^nd father by adoption, Julius 
Csesar, had done. But the apprehension he always enter- 
tained of Cssar's fate, made him pursue a quite different 
eourae. The dreadful destruction of the civil wars, and the 
savage cruelty of the Triumviri^ had cutoff all the keenest 
supporters of liberty. Tacit, jinn. i. 2, and had so humblecl 
the spirit of the Romans, that they were willing to submit 
to any form of government, rather than hazard a repetition 
of former calamities, {tu4a et prasentia quqm Vetera et peri* 
cuiom matebant^ ibid.) The empire was now so widely exi> 
teaded, the number of those who had a right to vote in the 
legislative assemblies so great, (the Romans having never 
employed the modem method of diminishing tliat number 
by representation), and tlie morals of the people so corrupt, 
that a republican form of govemnient was no longer Htted 
to conduct so un wieldly a machine* The vast intermix, 
tuie of inhabitants which composed the capital, and the nu-^ 



ISO. ROMAN ANTIQUITIES. 

merous armies requisite to keep the proviiKes in subjeoliaci, 
could no longer be controlled but by the power of one. Had 
Augustus possessed the magnanimity and wisdom to luy 
himselfand his successors under proper restraints against 
tfie abuse of power, his descendants might have long enjoy- 
ed thaJL exalted station to which his wonderful good for- 
tune, and the abilities of others, had raised him. Had he, 
agrjeeably to his repeated declarations, wished for command 
only to promote the happiness of his fellow-citizens, he 
would have aimed at no more power than was necessary Sor 
that purpose. But the lust of dominion, although artfully 
disguised, appears to have been the ruling passion of his 
mind^ (specie recwantisflagrantisdmecupwerat)^ Tuxiu 
Ann. i, 2, 3, 10. * 

Upon his return to Rome after the conquest of Egypt, and 
the death of Antony and Cleopatra, A. U. 725, he b said 
to have seriously deliberated with his two chief favouritcsr 
Agrippa and Maecenas, about resigning his power, and re- 
storing the ancient form of government. Agrippa advised 
him to do so, but Maecenas dissuaded him from it. In 
the speeches which Dio Cassius makes them deliver on tins 
occasion, the principal arguments for and against a popular 
and monarchical government, are introduced, lii. The advice 
of Maecenas prevailed, ib. 41. Augustus, however, in the 
following year, having corrected the abuses which had crept 
in during the civil wars. Suet Aug. 32. and having done 
several other popular acts, assembled the senate, and in a 
set speech pretended to restore every thing to them and to 
the people. But several members, who had been previously 
prepared, exclaimed agamst this proposal ; and the rest, ei* 
ther prompted by opinion, or overawed by fear, all with one 
voice conjured him to retain the conm[iand. Upon which, 
as if unequal to the load, he appeared to yield a reluctant 
compliance ; and that only for ten years ; during* which 
time, he might regulate the state of public affairs, (rempub^ 
ficam ordinaret) ; thus seeming to rule, as if by constrainC, 
at the earnest desire of his fellow-citizens ; which gave Us 
ysurpation the sanction of law. 

This farce he repeated at the end of evary ten ^ears, JK^, 
|in« 46* ^^^ ^^ second time. A* U. 736, heacaq>ted the ^. 



Re-estabIisrhent of MoKAacHV,&f^. Idl 

vermiient^inly for five years, saying that this space of time 
was then sufficient, Id, liv. 12. and when it was elapsed, for 
five years more, jK/-liii. 16. but after that, always for ten 
years, /d Iv* 6. He died in the first year of the fifth decen^ 
nium, the 19th of September (xiv, JShl. Sept) A. U. 767» 
aged near 76 years ; having rukd alone near 44 years. The 
succeeding emperors, although at tliefar accession, they re- 
ceived the.empire for life, yet at the beginning of every ten 
years, used to hold a festival, as if to commemorate the re*, 
newalof the empire, Dio. liii. 10- 

As the deflate by their misconduct (see p. 150,) had oc- 
casioned die loss of liberty, so by their servility to Augustus, 
thciy established tyranny. (Ruerein servitutem cansules^ pa^ 
tres^ eques^ as Tacitus says, upon the accession of Tiberius, 
./ibM/< L 7.) Upon his feigned offer to resign the empire, 
tbey-seem to have racked their invention to contrive new ho- 
noutarforhim. To the names of IMPERATOR,Z)w,xliii. 
44. CiESAR, Id xlvi. 47- and PRINCE, (Princeps Se^ 
natus) liii. 1. which they had formerly conferred, they added 
thoise of AUGUSTUS, (venerandus v. ^abilis^ ab augur^ 
qvLzAinauifuratusvtlconsecratus; \dco<iueDiiscarus ; cultu 
divm&afficiendus^ «^«Wf PausanAii. IL velabai/^-^d; qupm 
sua Jupiter auget ope, Ovid. Fast. i. 612. Suet. Aug.l.) Dio. 
liii. \6^2Lr^ Father of his country ^(P ATZVi Vatkije) ^Suet^ 
58. (hid. Fast, ii, 127. Font. iv. 9. ult. Trist. iv. 4, 13, &c. 
This title had been first given to Cicero by the senate, after 
his suw>ression of Catiline's conspiracy ; R<J ma patrem 
PATRiiE GicERONEM LIBERA hixit ^ Juvenal. viii. 244. 
Pftn. vii. SO. by the advice of Cato, Appinn. B. civ. ii. 43 !• 
Pbit.in Cic. or of Catuhis, as Cicero himself says, Fis. 3. 
It was next decreed to Julius Caesar, Suet^ 76. Dio. xliv- 4. 
andson^'of his coins are still extant with that inscription. 
Ciceio proposed that it should be given to Augustus, wheh 
yet vary young, Fhil. xiii. 11. It was refused by Tiberius, 
Su€t. 67. as also the title of Imper ator. Id. 26* and Do- 
HiKirs, 37. -Dia. Iviii. 2. but most of the succeeding em- 
perors acceptsed it, Tadt. Ann. xi. 25. 

The title of PATER PATRIAE denoted chiefly the pa. 
temal afibction which it became theemperors to entertain to- 
W3i4s tbcB? sutjjects ; and also that power, which by the Ko* 



IM ROMAN ANTIQUITIES. 

man law, a fadier had over his chilcben^ Dio. liu. 16* Semecm 
Clem, u 14. 

C^s AH was propo-ly a family title, Dio* ibid. Suet. Qalb^ 
!• According to Dio, it also denoted power, xliii. 44. lo la« 
ter times, it signified the person destined to succeed to the 
empire, or assumed into a share of the government, durinctbe 
life of the emperor, who himself was always called Air gits. 
Tus, Spartian. in Mlio Vera^ 2. which was a title of^plen. 
dor and dignity, but not of power, Dio. liii. 18. 

Augustus is said to have first desired tl^ name crf^Roxi;* 
L u s, that 1^ might be considered as a second founder of the 
city ; but perceiving that thus he should be suspei^ted of 
aiming at sovereignty, he diopt all thoughts of it, Dio.Vak. 1&. 
and accepted the title of Aug us tus, the proposer of which 
in the senate was Munatius Plancus, Suet. Aug. 7. Fell. ii. 
91. Servius says, that Virgil, in allusion to this deake of 
Augustus, describes him under the name of Quirinus, 
JEn. I 296. O. iii. 27. 

The chief tide, which denoted command^ was IMPERA* 
TOR, Dio. xliii. 44. By this the successes of Augustus 
were peculiarly distinguisdied* It was equivalent to Rex, 
Dio. liii. 17. In modem times it is reckoned superior. 

The title of Imperator, however, continued to be conferred 
on victorious generals as formerly ; but chiefly on the £m. 
perors themselves, as all generals were supposed to act under 
their auspices, Horat. Od. iv. 14* 32. OvuL Triet. iL 173. 
Under the rq>ublic the ai^IIation of Imperator was put af- 
ter the name ; as CICERO IMPERATOR, Cic. Ep. pas^ 
sim ; but the tide of the emperors usually before, as a pra^ 
nomefijSaeL Tib. 26. Thus the following words are inscrib- 
ed on an ancient stone, found at Ancyra, now Angouri,(tit /b- 
/)£t/<r ./fn^mno), in Asia Minor : Imp. CiESAR. Divi. F. 
Aug. Pont. Max. Cos. XIV. Imp. XX. Tribukic. 
Potest. XXXVIII. — The Emperor CttsoTi the adopted 
son ({/'(Julius Cassar, called) Dvous^ (after his deification) ; 
Augustus the higk^priest^ (an office which he assumed after 
the death of Lepidus, A. U. 741, Dio. liv. 27^) fourteen 
times Consuly twenty times (saluted) Imperator (on account 
of his victories). Dio says, he obtained this honour in all 
21 times, liL 41. Thus Tacitus, Nomm im p&^^ratoris se^ 



R£-£STABIISHH£NT OF MoNAEdRT, ^C. 183 

mel aique views partum^ (Ann. i. 9.) m the SSthyear ofhi$ 
tribunician power ^ (from the time when he was first invested 
with it by the senate, A. U. 724. Dio. li. 19.) So that this 
inscription was nuide above five yiears before his death. 

The nic^t after Caesar was called AvcusTUSt the Tiber 
happened to overflow its banks, so as to render all the level 
parts of Rome navigable, Dio. liii. 20. Tacit. Atmal. i. 76« 
to which Horace is supposed to allude, Od. i. 2. This event 
was diought to prognosticate his future greatness. Among 
the various expressions of flattery then used to the emperor, 
that of Pacuvxus, a tribune of the commons^ was remarka- ' 
ble ; who in the senate devoted himself to Cassar, after the 
xnannerof the Spaniards, VaL Max. ii. 6* 11. and Gauls 
CDsvoTOs UR SOLD0RIO8 appeHmt^ Cses. Bell. Gall. iii. 
22*) and exhorted the rest of the senators to do the same* 
Being checked by Augustus, he rushed forth to the people, 
and compelled many to imitate his example. Whence it 
became a custom for the senators when they congratulated 
any emperor, on his accession to the empire, to say, that 
they were devoted to his service, Dio* ibid. 

M aqrobius informs us, that it was by means of this trif 
bune, (Pqeuvio tribuno plebem ragante^) that an older of the 
peof^eiplebiscitutn) was made, appointing the month SextUis 
to be called August, Sat. i. 12. 

The titles given to Justinian in the Corpus Jurxs^ are, in 
the Institutes, Sacratissimus Peinceps, andlMP£RA« 
ro&jA Majestas ; in the Pandects, Dominus nosteh 
SACEATissiHus PKiNCEPs ; and thc samc in the Codex, 
witfathis addition. Perpetuus Augustus* Thes^titles 
are stiU retained by the Emperor of Germany. 

Thc powers conferred on Augustus as emperor were, to 
levy armies, to raise money, to undertake wars, to make 
peace, to command all the forces of the republic, to have the 
power of life and death within, as well as without the city ; 
and to do every thing else which the consuls and others 
invested with supreme command had a right to do, Dio. liii. 
17. 

bthe year of the city 731, the senate decreed that Au^ 
gustus shotild be always proconsul, even within the city ; 
and in the provinces slK)uld enjoy greater authodty than the 



184 UOMAN ANTIQUITIES. 

ordinary proconsuls, Dio. liii. 32. Accordingly he inapo- 
sed t^xes on the provinces, rewarded and punished them as 
they had favoured or opposed his cause, and prescribed such 
legulations to them as he himself thought.proper, Dio. liv. 
7,9,&25. 

in the year 735, it was decreed, that he should always en- 
joy consular power, with 12 lictors, and sit on a curulc chair 
between the consuls. The senat(»:s at the same time re- 
quested that he would undertake the rectifying of all abuses, 
and enact what laws he thought proper ; offering to swear^ 
that they would observe them, whatever they should be* 
This Augustus declined, well knowing, says Dio, that they 
tvould perform what they cordially decreed without an oath ; 
but not the contrary, although they bound themselves by a 
thousand oaths, Dio. liv. 10. 

The multiplying of oaths always renders them less sacred, 
and nothing is mc»'e pernicious to morals, than the too fire- 
qUent exaction of oaths by public authority, without a ne- 
cessary cause. Livy informs us, that the sanctity of an oath, 
ifides et jusjurandum) had more influence with the ancient 
Romans than the fear of laws and punishment:^ (proximo 
legum et pcenarum metu\ Liv. i. 21, ii. 45. They did not^ 
he says, as in after times, when a neglect of reUgion pre- 
vailed, by interpretation* adapt an oath and the laws to 
themselves, but conformed every one his own conduct to 
them, Liv. iii. 20. ii. 32. xxii. 61. Cic. Off. iii. 30, & 31. 
See, also, Polyb. vi. 54, & 56. 

Although few of the emperors accepted the title of Cen- 
sor, (see p. 143.) yet all of them in part exercised the rights 
of that office, as also, those of Pontifex Maximusy and Tri- 
bune of the commons, Dio. liii. 17. See p. 152. 

The emperors were freed from the obligation of the laws 
(legibus solutij so diat they might do what they pleased, 
Dio. liii. 18, & 28. Some, however, understand this only 
of certain laws: for Augustus afterwards requested of the 
senate, that he might be freed from the Voconian law, Dio. 
Ivi. 32. but a person was said to be legibus soluiust who wad 
freed only from one law, Cic. Fkil. ii. 13. 

On the first of January, every year, the senate and people 
renewed their 9ath of allegiance^ TaciU Am. ^vi. 22. cm-, as 



RE-fiSTABLISHMlNt OF Moi^AHCHY, X^C. -185 

\t was expressed, confirmed the acts of the emperors by an 
oath ; which custom was first introduced by the Triumviri^ 
after the death of C«sar^ Dio. xlvii. 18. repeated to Augus- 
tus, Id. \u 20. liii. 28. and always continued under the suc- 
ceeding emperors. They not only swore that they approved 
of what the Emperors had dotie, but that they would in like 
manner confirm whatever they should do, /rf. Ivii. 8. Iviii. 
17. In this oath, the acts of the preceding emperors, who were 
approved of, were included : and the acts of such as were 
not approved of, were omitted^ as of Tiberius, Id. lix. 9. of 
Caligula, Ix. 4. &c. Claudius would not allow anyone tb 
swear to his acts, {in acta suajurare;) but not only ordered 
others to swear to the acts of Augustus, but swore to them 
also himself, Id. Ix. 10. 

It was usual to swear by the genius, the fortune, or safety 
of thf emperor ; which wasiirst decreed in honour of Julius 
CsesaTt Dix>. xliv. 6. and commonly observed. Id. 50. so 
likewise by that of Augustus, even after his death, Id. Ivii^ 
9. To violate this oath was esteeitied a heinous crime, Ibid^ 
fc? Tacit. Ann. i. 73. Codex, iv. 1, 2. ii* 4. 41. Dig. xii. 2, 
13. and more severely punished tiian real perjury, TtrtulL 
jifioL 18. It was reckoned a species of trea^on^ (majestatis) 
and punished by the bastinado, D. xii. 2. 13. sometimes by 
cutting out the tongue, Gothofredin loc. So that Minutius Fe- 
lix justly says, c. 29. Est iis, (sc. Ethnicis), tutius per Javis 
senium pejerare quam regis: Tiberius prohibited any one 
from swearing by him, Dio. Ivii* 8. Iviii. 12. but yet men 
swore, not only by his fortune, but also by that of SejanuSt 
Id. Iviii. 2. 6. After the death of the latter, it was decfeed^ 
that no oath should be made by any other but the emperor, 
ibid. 12. Caligula ordained that to all oaths these words 
• should beadded;NE(^irE ME, NEq^[JE meosliberos cha- 

RiOR'iS itABEO, qUAM CaIUM ET SORORES EJUS. Stiet^. 

15. Dio. lix. 3. 9* and that the women should swear by his 
wife Drusilla, ibid. ll. as he himself did, in his most pub- 
lic and ^olemn asseverations. Suet. 24. So Claudius, >by 
Livia, Dio. Ix. 5. Suet. 11. * 

In imitation of the temple and divine honours appointed 
by the Triumviri to Julius Caesar, Dio. xlvii. 18. and con- 

Cc 



186 ROMAN ANTIQUITIES. 

firmed by Augustus, Id. li. 20. altars were privately erected 
to Augustus himself, at Rome, Virg. EcL i. 7. Horat. £p» 
ii. 1. 16, Ovid. Fast. i. 13, and particularly in the provinces. 
But he ptrmitttd no temple to be publicly consecrated to 
him, unless in coryunction with the city, Rome : Augusto 
ExURBiRoMi®; and that only in the provinces, Tacii. Arm, 
iv. 37. for in the city they were strictly prohibited^^iSi^^/. 52. 
After his death, they were very frequent, Tacit. Arm. u 11. 
73. Dio. Ivi. 46. 

It was likewise decreed in honour of Augustus, that when 
the j)riests offered up vows for the safety of the people and 
senate, they should do the same for him, Dio. li. 19. so for 
the succeeding emperors, Tadt. Ann. iv. 17. particularly at 
the beginning of the year, Id. xvi. 22. on the 3d of January, 
Dto* lix. 24. — also, that in all public and private entertain* 
nients, libations should be made to him with wishes for his 
safety, Dio. li. 19. Ovid. Font. ii. 637. Pont. ii. 3. ult. as to 
the Lares and other gods, Horat. Od. iv. 5. 33. 

On public occasions the emperors wore a crown and a tri- 
umphal robe, Dio. li. 20. Tacit. AnnaL xiii. 8* They also 
used a particular badge, of having fire carried before them, 
Herodian. i. 8* 8. i. 16. 9. ii. 5. Marcus Antoninus calls it a 
lamp, i. 17. probably borrowed from the Persians, Xenoph. 
Cyrop.ym. iii. p. 215. Ammian. xxiii. 6. Something simi- 
lar seems to have been used by the magistrates of the muni- 
cipal towns ; pruna batiUus^ v. -»m, a pan of burning coals, 
€r a portable hearth, (focus portatilis\ in which incense was 
burnt ; a perfumed stovtj Horat. Sat. i. 5. 36. 

Dioclesian introduced the custom of kneeling to the em- 
perors, (fldorari sejussit^ cum ante eum cuncti sahitarehtur^ 
Eutrop. ix. 16. Aurelius Victor, de Cas- c. 39. says, that 
the same thing was done to Caligula and Domitian. So Dio. 
lix. 4, 27, 28. 

Augustus, at first, used the powers conferred on him with 
great moderation ; as indeed all the first emperors did in the 
beginning of their government. Dio. Ivii. 8. lix. 4. In his 
lodging and equipage he differed little from an ordinary citi« 
2en of distinguished rank, except being attended by hisprae* 
torian guards* But after he had gained Xht soldiers by dona- 
tives, the people fay a distribution of grain, and the ivhole 



Re^establishment of Monarcht, gfc. 187 

body of citizens by the sweetness of repose, he gradually in- 
creased his authority, {insurgere paulatim\ and engrossed 
all the powers of the state, (munia senattis, magistratuutn^ 
legum in se transferre)^ Tacit. Ann. i. 2. Such of tlie nobi^ 
lity as were most compliant, {quanto qids servitio prompt 
tior\ were raised to wealth and preferments. Having the 
command of the army and treasury, he could do every thing. 
For although he pretended to separate his own revenues from 
those of the sUte, yet both were disposed of equally at his 
pleasure, Dio, liii, 16. 

The long reign and artful conduct of Augustus, so habitu- 
ated the Romans to subjection, that they never afterwards so 
much as made one general effort to regain their liberty, nor 
even to mitigate tlie rigour of tyranny. In consequence of 
which, their character became more and more degenerate. 
After being deprived of the right of voting, they lost all con- 
cern about public affairs ; and were only anxious, says Juve- 
nal, about two things, bread ^wd games^ (Pan em et Cir- 
CENSES, i. e. largesses and spectacles), Juvenal, x- 80. 
Hence from this period their history is less interesting, and, 
as Dio observes, less authentic ; because, when every thing 
was done by the will of the prince or of his favourites and 
freedmen, the springs of action were less known than under 
the republic, Dio. liii. 10. It is surprising, that although the 
Romans at different times were governed by princes of the 
most excellent dispositions, and of the soundest judgment, 
who had seen the woful effects of wicked men being invest- 
ed with unlimited power, yet none of them seem ever to have 
thought of new- modelling the government, and of providing 
an effectual check against the future commission of similar 
enormities. Whether they thought it impracticable, or wish* 
ed to transmit to their successors unimpaired, tlie samepow- 
ers which they had received ; or from what other cause we 
know not. It is at least certain that no history of any peo- 
ple shows more clearly the pernicious effects of an arbitrary 
and elective monarchy, on the character and happiness of 
both prince and people, than that of the ancient Romans. 
Their change of government was indeed the natural conse- 
quence of that success with which their lust of conquest was 
attended. For the force employed to enslave other nations^ 



188 ROMAN ANTIQUITIES. 

Ibeing tuitied against themselves, serv^ at first to aceom^ 
plisli, and afterwards to perpetuate their own servitude. AimI 
it is remarkable, that the nobility of Rome, whose rapacity 
juid corruption had so much contributed to the loss of liber- 
ty, were the principal suflferers by this change ; for on them» 
those savage monsters, who succeeded Augustus, chiefly ex- 
ercised their cruelty. The bulk of the people, and particularly 
the provinces, were not more oppressed than they had been 
under the repu Wic : Thus Tacitus observes, Neque provm* 
cue ilium rerum statum abnuebanty suspecto senatus populi- 
que imperio oh certamina potentium^ etavaritiam magistral' 
tuufh ; invalido legum auxutOy qua vU ambitUj postremope-' 
cunia turbabantur^ Annal. \. 12. 

PUBLIC SERVANTS OF THE MAGISTRATES, 

THE public servants (ministri) of themagistrates were 
called by the common name of APPARITORES, 
Liv. i. 8. because they were at hand to execute their com- 
mands, (quodiis apparebanty i. t, prasto erant adobsequium^ 
Serv. ad Virg. JEn. xii. 850.) and tlieir service or attend- 
ance, APPARiTio, Cie. Fam. xiii. 54. These were, 

!• SCRIB-^, Notarijps or clerks who wrote out the pub- 
lic accounts, the laws, and all thp proceedings {acta) of the 
magistrates. Those who exercised that office were said 
seriptum facerey Liv, ix. 46. Gell. vi. 9. from scriptus -f«- 
Theywere denominated from the magistrates whom they 
attended ; thus, Scribe quastoriiy icdilitiiy ptatoriiy &c. and 
were divided into different decurut ; whence decuriam erne* 
rcy for munus scriba emere^ Cic. Verr, iii. 79* This office 
was mcMre honourable among the Greeks than the Romans, 
^ep. Eum. 1. The ^criba at Rome however were generally 
composed of free-born citizens ; and they became so re- 
tfectable, that their order is called by Cicero honestusiguod 
corumfidet tabul/v publicly periciUaque magisiraiuum com^ 
mittuntur)y Cic, Verr. iii, 79. 

There were also actuarii or notarity who took down in 
short hand what was said or done; inotis €xcipiebant)y Suet. 
JnL S5. These were different from the scribasy and were 
commonly slaves or freed-men, Dio. Iv. 7, The scribi^ wero 
fllsq called liArurii^ Festus, But fibrarii is usually put.iof 



Public SERVAN:fs, i^c. 189^ 

ihose who traiiscribed books, Cic: AtU xn. 6. Suet. JDomii^ 
lO- for which purpose the weahhy Romans, who had a taste 
for literature, sometimes kept several slaves, Nep. Att. 13. 

The method of writing short-hand is said to have been in- 
vented by Majcenas, Dio* Iv. 7. according to Isidore, by 
Tiro, the favourite slave and freedman of Cicero, Isid. i. 22, 
Senec. £f). 90* 

IL PKiECONES, heralds or public criers, who were 
employed for various purposes : 

1. In all public assemblies tliey ordered silence, (silenti^ 
um tnihcebant \^limperabant : Exsurge, PRiEco,^ ac po- 
FULo AUDi£NT2AiiC, PluuU PcsH. pToL 11.) by Saying, 
SitETE vcl tacete; and in sacred rites by a solemn 
form, Favete i«ivguis^ HorjaU Od. iii. 1, Ore favete 
oMNEs, Firg. jEn. v. 71. Hence sacrum silentium for a-U 
tissitnum or maximum^ Horat. Od. ii, 13; 29. Orefavent^ 
they are silent; Ovid* Amor. iii. 13, 29, 

2. In the comifta they called the tribes and centuries to 
give their votes ; they pronounced the vote of each centu- 
ry ; tliey called out the names of those who were elected, Cic. 
Ferr. v. 15. (sec p. 101.) When laws were to be passed, 
they recited them to the people, (p, 97.) In trials they sum- 
moned the judiceSi the persons accused, their accusers, and 
the witnesses. 

Sometimes heralds were employed to summon the people 
to an assembly, Liv. i. 59. jv. 32. and tlie senate to the se- 
nate-house, iii, 38. (see p. 9.) also the soldiers, when en- 
camped, to hear their general make a speech, Xny. i. 28. 

3. In sales by auction, they advertised them (auctionem 
conclamabani vcl pr^dicabant J, Plaut. Men. fin. Cic. Verr, 
iii. 16. Off. iii. 13. Horat. de Art. Poet. 419. They stood 
by the spear, and called but what w^s offered. See p. 59. 

4. In the public games, they invited the people to attend 
them ; they ordered slaves and other improper persons to be 
removed from them, Cic. de resp. Bar. 12. Liv. ii. 37. they 
proclaimed Cpradicabantj the victors, and crowned them, 
Cic. Fam. v. 12. they invited the people to sejS the secular 
games, which were celebrated only (Mice every 110 years, 
by a solemn form, Con VENiTE ad Lroos spectandos, 

€IV0% NEC SPfiCTAVIT qUlSqUAM, NEC SPECTATURtTS 

fiST^ Suet. Cfaud. 2h H^odian, iii. 9« 



190 ROMAN ANTIQUITIES. 

5. In solemn funerals^ at which games soraetimw usied to 
be exhibited, Cic. de kgg. ii. 24k they invited people to attend 
by a certain form : Exse^uias Chremeti, quiBV3 est 

COMMODUM, IKE JAM TEMPUS EST, OtLUS EFFERTtXR, 

Ter. Phorm. v. 8. 38< Hence these funarals were called FU- 
NERA mDlCTlW A., Festus in Quirites, Suet. Jul. 
84, The pr^cones also used to give public notice when such 
a person died; thus, Ollus (yjiRis leto datus est, 
FestuSi ibid. , 

6. In the infliction of capital punishment, they sometimes 
signified the orders of the magistrate to die iictor, Lw. xxvi. 
IS. LicTOR, viRo sorti adde virgas, et in eum le- 
niL primum age, ibid: 16. 

7. When things were lost or stolen, they searched for 
them, PlauU Merc. iii. 4. v. 78. Fetron. Arbit. c. 57. where 
an allusion is supposed to be made to the custom abolished 
by the ^Ebutian law. 

The office of a public crier, although not honourable, was 
profitable, JvtvenaL vii. 6. &c. They were generally free- 
born, and divided into decuri^. 

Similar to the pr^cones were those who collected the mo- 
ney bidden for goods at an auction, from tlie purchaser, calU 
ed COACTORES, Hor. Sat. I 6. 86. Cic. pro Chient. 64. 
They were servants (mimstri) of the money-brokers who at- 
tended at the auctions: Htnct coactianesargentarias/actita' 
re, to exercise the trade of such a collector, Suet. Vesp. 1. 
They seem also to have been employed by bankers to pro- 
cure payment from debtors of every kind. But the collect- 
ors of the public revenues were likewise called COACTO- 
RES, Cic. pro Bab. Post. 11. 

III. LICTORES. The lictors were instituted by Rom- 
ulus, who borrowed them from the Etruscans. They are 
commonly supposed to have their name, Liv. i, 8. (a ligan* 
' do), from their binding the hands and legs of criminals before 
they were scourged, Gell.' xii. 3. They carried on their 
shoulder rods (virgas ulmeasy Plant. Asin« ii- 2- V' 74- iii- 2. 
V* 29- Fiminei/asces virgarum, Id- Epid- i- 1. 26- vel ex be^ 
tula, Plin. xvi- 18-) bound widi a thong in the form of a bun- 
dle, (dadZ/o^ibrocolligatosm modum fascis), and an axe jut- 
ting out in the middle of tliem* They wem before all the 



Public Servants, &?^. . 191 

» • 

greater magistrates, except the censors, one l^ one in a line^ 
LiV' xxiv. 44 He who went foremost was called PRIMUS 
LICTOR, Cic' ad Fratr, i- 1. 7- he who went last, or next 
to the magistrate, was called PROXIMUS LICTOR, Liv* 
ibid. Sallust' Jug- 12, or Postremus^ Cic. Divin. i. 28. i. e. 
the chief lictor, summus lictor^ who used to receive and ex- 
ecute the commands of the magistrate. 

The office of the lictors was, 

!• To remove the crovvd,<tt^ turbam sutnmav€rent)y Liv^ 
iii. 11. 48, viii. 33* Hor. Od. li. 16. 10. by saying, Ckditb, 
Consul venit; date viam, vel locum coNstJLi; si 
voBis viDETUR, DiscEDiTE, QuiRiTEs, Liv. ii. 56. or 
some such words, {solennh illc lirtorum et pr^nundus cla^ 
mor^ Plin. Pan. 61.) whence the /^c/ar is called ^ummo^oraflK- 
tus^ Liv. xlv. 29. This sometimes occasioned a good deal 
of noise and bustle, Liv. passim. When the magistrate re^ 
turned home, a lictor knocked at the door with his rod, (/&- 
reniy uti mos estj virga percussit)^ Liv. vi. 34. which he al- 
so did, when the magistrate wc;nt to any other house, JPlin^ 
vii. 30. s. 31. 

2. To see that proper respect was paid to the magistrates, 
(ANIMAD VERTERE, ut debitus honos iis redderetur). 
Suet Jul. 80. What this respect was, Seneca mforms us, 
Epist* 64. namely, dismounting from horseback, uncovering 
the head, going out of the way, and also rising up to them, 
&c. Suet. Jul. 78. 

3. To inflict punishment on those who were condemned, 
which they were ordered to do in various forms ; I, Lie tob, 

€OLLIGA MANUS J I, CaPUT OBNUBE HUJUS ; ArBOB.1 
IMFELICI SUSPENDE ; VeRBERATO VEL INTRA POMiE^ 

RiuM v^/ ear^rap oMiERiuM, Xw. i. 26. I, Lictor, de- 

LIGA A0 PALUM./rf. vill. 7. AcCEDE, LiCTOR, VIRCAS 

IT SECURES Exp»Di, Id. viii. 32. In bum lege age, L e. 
^ertiW, p«T«f^, vel/m, xxvi. 16. ' , 

The lictors were usually taken from the lowest of the com- 
mon people, Liv. ii. 55. and often were the freedmen of him 
on whom they attended. They were different from the pub- 
lie slaves, who waited on the magistrates, Cic. in Vert. i. 26. 

IV. ACCENSI. These seem to have had their name 
from summoning (ab aceiendo) the people to an assembly. 



152 tlOMAN ANTIQUITIES 

and those who had law-suits to court, QnjusJ* Oheof thcff< 
attended on the consul who had not the fasces, Sueh Jul. 
20. Lw. iii. 33. Before the invention of clocks, one of them 
called out to the prsetor in court when it was the third hour, 
or nine o'clock, before noon ; when it was mid-day, and the 
ninth hour, or tfiree o'clock afternoon, Varro de Lat- ling- v. 
. 9. Fliu' vii- 6b* They were commonly the freeBmen of the 
magistrate on whom they attended ; at feast in ancient times, 
Cic* ad Fratr* i. 1.4. The Accensi were also an ortier of 
soldiers, called Supefnumerariu because not included in thd 
legion, Veget' ii« \9^'Ascon* in Cic- Ferr* i- 28* Lio- viu« 8, fc? 
10. 

V. VIATORES- These were properly the offioerswho 
attended on the tribunes, Uv- ii- 56. and «diles, xxx. 39. 
Anciently they used to summon the senators from the domi- 
try where they usually resided ; whence they had their name, 
{quods^pe in via essent\ Cic. de Sen. 16. Columell. Pr«f. 1. 

VI- CARNIFEX- The public executioner or hangman, 
who executed (supplido afficiebat) slaves, and perscms6f the 
lowest rank ; for slaves and freedmen were punished in a 
manner different from free-born citizens, Tacit Armal iii. 50- 
The carmfex was of servile condition, and held in such con- 
tempt, that he was not permitted to reside within the city, 
Cic. pro Rabir* 5. but lived without the Porta Metia^ or 
Esquilina^ Plaut- Pseud- i. 3* v- 98. near the place destii^d 
for the punishment of slaves, ijuxta locum servilihus p^nis 
sepositunij Tac- Annal- xv. 60- ii. 32) called Sestertkim^ 
Plutarch- in Galb- where were erected crosses and gibbet^^ 
Ccruces etpatibida^ TaC' Annal. xiv- 33-) and where also the 
bodies of slaves were burnt, PlaiU* Cas. ii. 6. r. 2, or thrown 
out unburied, Ilor. Epod. v. 99. 

Some thint that the camifex was anciently keeper of the 
prison uiider the Triumviri capiiales^ who had only the su^ 
perintendence or care of it: hcncQ tradere vcltrahere ad 
camijicem^ to imprison. Plant. Pud. iii. 6. t;. 19. 

LAWS OF THE ROMANS. 

npHE laws of any country are rules established by public 

A- authority^ and enforced by sanctions, to direct the con- 

4uct^ and secure the rights of its ii^abit^iQts. (LEtXjwti 



Laws (fthe RoMAjrs. 193 

injfuiique reguh^ Senec. de benef. iv. 12. Leges, quidoUud 
sunt^ quam mitns mixta pracepta ? Id. Epist. 94.) 

The laws of Rome were ordained by the people, upon the 
application of a magistrate, (rogante magistratuX See {k 93» 

The great foundation of Roman law or jurisprudence, 
(JSomanijuris)f was that collection of laws, called the laWjp 
^Uv. xxxiv. 6. or laws of the Twelve Tables, compiled by 
^[^decemviri^ and ratified by the people, (see p. 168.) a work, 
in the opinion of Cicero, superior to all the libraries of plu- 
losophers, {omnibus omnium philosophorum bibliothecis ante* 
panendum\ de Orat. i. 44. Nothing now remains of these 
kws but scattered fragments. 

The unsettled state of the Roman government, the exten* 
«an of the empire, the increase of riches, and consequt^dy 
of the number of crimes^ with various other circumstances^ 
gave occasion to a great many new laws, icorruptissima re^ 
puiGea phirima leges j Tacit. Annal* iii. -270 

At first those ordinances only obtained the name of law$| 
which werp made by the Comitta Centuriata^ (POPULIS. 
CITA), Tacit. AmmL iii. 58. but afterwards those also 
which were made by the Comiiia Tributa^ (PLEBI^CL 
TA), when they were made binding on the whole Roman 
people; first by the Horatianlaw, {ut quod tributim plebes 
jusiisset, populum teneret\ Liv.iii. S^. and afterwards more 
l»ecisely by the Publilian and Hortensian laws, (ut plebis- 
dta OMNES QUIRITES tener^mt), Liv* viii. 12. Epit* 
3lL Plin. xvi. 10. s. 15. Gell. xv» 27* 

The d^erent laws are distinguisheil by the nan^, Cno^ 
mengentis) of the persons who proposed them, and by the 
sut^t to which they refer. 

Any cxder of the people was called LEX, whether it re- 
spected the public, {jus publicum vel sacrum) ^ the right of 
private persons^ (Jus privatum vel civile)^ or the particula<^ 
interest of an individual. But this last was t>r(^)erly called 
PRIVILEGIUM, Ge/l. x. 20. jiscon. in Cic. pro Mil. 

The laws proposed by a consul wa*e called CONStJLA- 
RES, Cic. Sext. 64. by a' tribune, TRIBUNITI/E, Cic. 
m SulL ii. 8. by die decemviri, DECEMVIRALES, lAv. 
iii. 55,56, & 57- 

I>d 



194 ROMAN ANTlQUITlfiS. 

DIFFERENT SIGNIFICATIONS OF JUS AN1> 
LEX, AND THE DIFFERENT SPECIES OF 
THE ROMAN LAW. 

THE words, Jus and Lex^ are used in various senses^ 
They are both expressed by the English word LAW^ 

Jus properly implies whatis jtt^f and right in it&etf^ or 
ivhat from any cause is binding upon us, Cm?, dt Offie. iii. 
2L Lex is a written statute or ordinance ; (Lex, qua scrips 
'iosancit, quodvult^autjubendojanivetandoy Cic* de legiff« 
i 6. a tEGENDp, quodlegi solet^ ut innotescat^ Varro de 
Lat. Ling. v. 7. legere leges propositas jussete^ Liv. iii. 34. 
vel a delectu, Cic4 de legg. i. 6. ajusto etjure legemh, L e^^^i^ 
getuh^ from the choice of what is just and right, Id* iL 5« 
%,zxJustorum injustarumque distinction ibid.^-^Gfr^tton^- 
inine appeUata^ ^^fui, d suum cuique tribuendo, Id. i. 6.) 

Jus is properly what the law ordains, or the obligalioa 
which it imposes ; iest enim JUS quod LEX constituie^ 
That is faw, or, That is binding, which the law ordains, Cic. 
de tegg.j^ IS. adSferenn. ii. 13.) Or, according to the 
Twelve Tabled, QtJoDtuNcyjE poi^ulus jussit, id jua 
"XSTO, Liv. vii. 17. ix. 33. qyoD major ?ars judxca- 

XIT, ID JUS RATUMqUB ESTO, Cic. 

But jus and iex have a different meaning, according to the 
tvords with which they are joined : thus, 

•/tfj i^ATUR^ vel NATURALE, b what nature or rigjit 
reason teaches to be right; and^WcBNTieif, wfaatdlna- 
lions esteem to be right; both commonly reckoned the 
same, Cic. Sext. 42, Harusp. resp4 14. 

Jus cimum vel Civile, is what the inhabitants of a par- 
ticular country esteem to be right, either by nature^ custom, 
(br statute, Cic. Topic. 5. Off, iii- 16. 17. de Orat. i. 48. 
Hence constituere jus^ quo omnes utantur^ pro Dom. cui 
gubjecti sint^ pro C«ecin. So jus itomanum; AngUcum^biz. 
When no Word is added to restrict it, jus civile is put {(S£ 
thecivil law of the Romans. Cicero sometimes opposes 
jus civile to jus naturale^ Sext. 42. and sometimes to what 
we Call Criminal laWf ijuspubltcumj^ Verr. i. 42. Casein. 2» 
inC%ciL5. 

/ns eoMV¥KE,what iahekl to be right among men i&ge* 



t>AW8 ^ ^ KOITAVS.. 19$ 

» , 

Herat, w among the inhabitants of any country, Cic* Catxiu^ 
4. Digest, et Institute 

Jus FUBLicuM ^t PRIVATUM, what IS right with respect 
to tht people, {quasi jus populicum)^ or the public at large, 
and with respect to individuals ; political and civil law, 
Liv. ui 34. Cic. Fam. iv- 14- Plin- Epist^ 1 22- But Jus 
pubRcum is also put for the right which the citizens in com« 
mon enjoyed, (Jus communeX TereRt Phorm. ii. 2* 65- 

Jus Sekatorium, (pars/iim publici)^ what related to 
the rights and customs of the senate ; what was the power 
of those who might make a motion in the senate, {qua pa* 
testasTeferentihus)^ (see p- 13 ) what the privilege of those, 
whp delivered their opinion, (quidcensentibusjus) ; what 
the power of the magistrates, and the rights of the rest of the 
Acml^ers, &c. Plin. Ep^ viii. 14. 

Jus DiviNUH €t HUKAKUM, what is right with respect to 
things divine and human, Ltv. i. 18. xxxix. 16. TaciL Anw> 
noL iii. 26. 70. vi. 26* Hence yi* etjura sinunty laws di- 
vine and human, Firg. G. i. 269. Contrajusfasqw, Sail. 
Cat. IS. Jus fasquft exuerty Tacit. Hist. iii. 5. Omnejus ei 
fas delere^ Cic. Qua jure^ quavc injuria^ right or u rong, 
TerenU And. i. 3. 9. Per fas et nefasy Liv* vi. 14. Jus ei 
injuria^ Sail. Jug. 16. Jure fieri^ Jure aesusy Suet. Jul. 76. 

Jus PaiBTORXUM, what the edicts of the praetor ordained 
to be right, Ctc. de Offic. i, 10. Fer. i. 44. 

Jus HONORARIUM. See p. 13 1. 

/li^FLAVi-AKUH, /E];iANirM,^c. the books of law com* 
posed by Flavius,J[#i9. ix. 46. iElius, &c. Ubb anum, i.e. 
CIVILE privatumy ex quo jus dicit pr^tor urbanusy Cic* 
Verr. Act. i. 1. . 

Jus Pra&diatoriuh. The law observed with respect to 
the goods (/»r^(/{a vclpredia bonay Ascon. in Cic.) of th6se 
who were sureties (prides) for the farmers of thepublicrcve- 
nues, or undertakers of the public works, Cmancipes), which 
Were pledged to th^puhliCy{pubHca obligata x^lpignori oppon 
sitajy and sold, if the farmer or undertaker did not perform 
his bangain, Cic* pro Balb. 20. Verr. i. 54. Fam. v. 20. Suet. 
Claud. 9. HeBce PtEDiATOR, a person who laid out his 
luoney in purchasing these goods, Cic. Att. xii. 14. 17. and 
irhpi Qjf aoqrse, was well acquainted W}th what was right or 



19(S ROMAN ANTIQtirnES. 

tvrong in such matters, (juris pradatora peritwt\ lA Balb. 
?0. 

Jus Feci ALE, the law of arms or heraldry, Crc. Offic. u 
11. (X the form of proclaiming war, Liv. i. 32. 

Jus Lecitimum, the common or ordinary law, the same 
withji/j civile, Cic. pro Dom. 13, 141 but/«^^ legitimum we- 
igcre, to demand one*s legal right, or what is legally due, 
t*am* viii. 6. 

«/«* C N s u e T tr D I N I s , what long use hath established, Op- 
posed to Leg ^71/5, at jus scrip turrty statute or written law, 
Cic. de Invent \\. 22. 54. Jus civUe constat aut ex scripts 
aut sine scripto, 1. 6. D, de justit. ct jiu-. 

/wPoNTiFiciuMvel Sacrum, what is right with rcgari' 
to religion and sacred things, much the same with what was 
afterwards called Ecclesiastical hur, Cic. pro Dom. 12, IS, 
14, de legjbus, ii. 18. &c. Liv. i. 20. So jus reRgionis^ au* 
gurum^ caremoniarum^ auspicioruniy &c. 

/{^.fBELLicuuvei BELLI, what miay bejastly dotietoa 
state at war with us, and to the conquered, Cas. de beU* G. h 
27^ Gc. Off. i. 11. ill. 29. Lvo. i. 1. v. 27. Hence Leges su 
lent inter arma, Cic. in Mil. 4. Ferrejus in armis, Liv. v. 3* 
Facerejus ense^ Lucan. iii. 821. viii. 642. ix. 1073. Jusque 
datum scelerif a successful usurpation, by which impunity 
and a sanction were given to crimes, Jd. i. 2. 

Juris disciplina^ the knowledge of law, CicJLegg^v 5* w. 
telligentiayVhil. ix. 5- interpretation Off. i. 11* SruDiosiyir. 
risy i- c.jurisprudentuCy'Snet.'Scr. 32.Gell. xii. 13. ConsuUi^ 
Periti, &c. Lawyeris, Cic. 

Jure et kgibusi by common and statute law, Cic. Verr. i 
42. 44. So Horace, Fir bonus est quis? Qui consultapatrum^ 
qui leges, juraque servat, £sP^. Epist i. xvL 40. Jura dtAat 
legesque rnris^ Virg. Mn. i. 509. 

But Jura is often put for laws in general ; thus, Nmni 
jura candere, Liv. iii. 33. Jura inventa metu injustifateare 
necesseestj Herat Sat. I. iii. 111. Art. P. 122. 398. ewica 
jura responderCj Ep. 1. 3. 23. 

JusandiExyjiTAsaredistinguished, Cic.Off iii .16.Firg. 
ii. 4t26»jus 2indjustitui ; jus civile and legesy Phil. ix. 5. So 
^quumetbonumy is opposed to callidum versutumqnejuSf 
fdi artful interpretation of a written law, Cacin. 23« Summum 
jtfs, the rigour of the laWt Mmma injuria^ Off« i. IL Stanm 



Laws Q^«^ RoHAVs 197 

Jure ^ere^cantendfre^0xp€riref &c. to tiy tb^ utmost stretch 
of law. 

Jusyd jiTRA Quiritiumrciviumy &c«'See p. 46, &c. 

Ju]R A sangtiims^ cognattonis^ &c. necessitudo^ v. jus nece$* 
^ttdmsy relationship. Suet. Calig. 26. 

Jus regni, a right to the crown» Liv. i. 49. Honoruniy to 
pr^rments^ Tacit, xiv. 5. Qutbus per fraudem jusfuit^ 
power or authority, SalhisU Jug. 3. Jus luxuria publica da* 
turn r^, a licence, Senec. Epist. 18. Qjutbusfallere acfurcari 
jus ertUt Suet. Ner- 16. In jus et ditianem vel potestatem 
alicujus venire^ cmcedere^ Liv. & Sail. Habere jus in aiiquem ; 
sui Juris esse ac mancipiij i. e. sui arbitrii et netnini parere^ 
to he<me^s own master, Gc. In contraver$6 jure esty it is a 
poiRt €>f law not fixed or determined^ Liv. iii. 55* 

Jt^ dicere vei reddere^ to administer justice. Dare ju^ 
gratia^ to sacrifice justice to interest, Liv. 

J0s is also put for the place where justice is administered ; 
thus. In jusx ahus, i.e. adpratoris sellam^ Donat. in Ttr« 
Pharm. v. 7. 43. 8c 88. Injure^ i. e. apud pratoremy Plaut. 
Rud. iii. 6. 28. Men- iv. 2. 19. Dejure currerey from courts 
Cic.Qumt.2S. 

LEX £s often taken in the same general sense iirith Jirs r 
Aii$, Zr<?ar est recta ratio imperandi atque profvhendiy a mi* 
mine deorum traeta ; justorum •injustorumque distvnctio : 
Menmrn quiddamy quod universum mundum regit i-^^Con^ 
sensio omnium gentium lex nature putanda est ; non scrip" 
tOy sed nata lex :-^Salus popuU suprema lex esto; funda^ 
mentum Kbertatisy fans aquitatisy t^e. Cic- de Legg. pro 
Clu«itJ 53. 

L£G£s is put, not only for the ordinances of the Roman 
peofriie, but foar any established regulations; thus, of the 
ftee towns, Leges MUyiciPALKs, Ctc. Fam. ti. 18. of the 
allied towns, Verr. ii. 49, 50. of the provinces, ibid. 13. 

When Lex is put absolutely, the law of the Twelve Ta- 
bles is meant ; as, Le g £ hareditas adgentem Mmuciam ve-. 
niebat^ Cic. Verr. i. 45. £a adnos redibat hzoz hareditas^- 
^ Ter. Hecyr. i. 2. 97. 

Leges CENsoBiAs.,form5of leasesorregulations made by 
the censors, Cic. Verr. i. 5S. iii. 7. Prcro* Cons. 5. Rafnr. 
ferd* 3. ad Q. Fr^ l 12* Lex mqncipii vel mancipiuniy the 



Wa ROMAN ANTIQUITIES. 

form and condition of conveying property, de Or^.u 3^* 
Cic. Of vll6. 

^ Leges venditi&nu^ vel venalium vendendormn^ agrum vd 
donmm possidendu &c. Rules or conditions, Oc« de Orai. u 
58. HoraU EpisL ii. 2. v. 18. Hence £mtre, vendere hoc 
vd iila legej i. e. wb hoc condUume vel pactOy Suet. Aug* 
21. JSalege(i. e. ex pacto et conventu) exierat^ Cic, AtL 
vi. 3.. Hue lege atque omvne^ To-. And. i. 2, 29, Heaut. v. 
5y lOw X^ar vita, qua nati sumuiy Cic. Tusc. 16. mea hge 
ptar^ I will observe my rule, Ter. Pharm, iii, 2, ult 

L^GES fnstoritc^poematufn^ versuum^ &c. Rules observed 
in wtitmg, Cic.de legg. u 1. de Orat. iii. 49. Thus we say, 
tlie Imps of history, of poetry, versifying, &c, and in a simi- 
lar sense, the law3 of motion, magnetism, mechanics, fcc. 

In the Corpus Juris, Lex is put for the Christian religion ; 
thus, Lex Christiana CathoUcayVenere^ilis^sanctisnma^^Q* 
But we in a ^milar sense use the word law for the Jewish 
reUeion ; as, the Law and the Gospel : or for the Books of 
Moses ; as, the Law and the Prophets. 

Jus Rosj: A N u M , (^ Roman law^ was either written or un^ 
Tvritten law^ {ivsscRi?Tywd\xitiov scriptum). The se- 
veral species which constituted the^s^ scriptum^ were,lawsy 
poroperly so called, tl^e decrees of the senate, the edicts or de-* 
eisions of magistrates, and«tke opinions or writings of law* 
yers. Unwritten law, (jus nan scrip turn) ^ comprehended na- 
tural equity and custom. Anciently ^'w scriptum only com- 
prdiended laws properly so called. Digests de crig.jur^ AU 
these are frequently numerated or alluded to by Cicero, 
who calls them, Foif xESiGcyjiTATis, Topic, 5, yp^adffe^ 
i?efsn» 11. 13* 

LAWS of the DECEMVIRI, or. The XII TABLES. 

VARIOUS authors have endeavoured to collect and ar- 
range the fragments of the Twelve Tables. Of thcsp 
the most eminent is Godfrey, (Jacobu\ Gotho/redus). 
According to his account, 

The L table is supposed to have treated of lav^r^^its ; the 
IL of theft and robberies ; III. of loans, and the right of ere- < 
dStors over their debtors ; IV. of the right of fathers of fami- 
lies ; V. of inheritances and guardianships; VI. of property 
and possession ; VII. oftrespasses and damages; VXILi^ 



LjiWt of the BoAAjrs. 1$^. 

estates iti the country ; IX. of the common rights of the 
people ; X. pf funerals, and all ceremonies relating to the 
dead ; XI. of the worship of the gods, and of religion ; XII.' 
of marriag. s, and the right of husbands. 

Sereral afncient lawyers are said' to have commented oft 
these laws, Cic. de legg. ii. 23. Piin. xiv. 13. but their works 
BTelosti 

The fragments of the Twelve TaWes have been collected 
from various authors, many of them from Cicero. The laws 
are in general v^ry briefly expressed : thus, 
^ Si IK j«a vocET, at^vb (i. c. 9tatim) jtAT. 

Si MftMBRiric auFSiT (rufi^riij^ m cum mo PAcrr (pacucetur)^ ^ 

St r ALaVM tBSTlKOHIUM DICASSiT {dixeHt) SAXO jy&llCITOft. ' 

PBiTU^OiA HE laAQQAirTO ; tc. magistratua^ 
Db capitb fde vita^ Hbertate^ etjurej civis Romani, vni vam 
MA%IUVH cBNTVBiATUii C/itT cmtUtia centuriata) vb fbrumto. 
Quod post&bmum populus /vssit, id jus ratuu Baro. 

HOMIMEM MOBTUUM IN URBB NB 8BPBL1TO, NBVB URITO. 

An Divos adbunto caste : pibtatbm adhibkmto : opb9 amo* 
TBM ro. Qui secus faxiTi Deus iPse vindbx brit. 

FeRIIS JUROIA AMOVBKTO £b PATRilS R1TIBU3 OPTIMA COLXFV* 
TO. 

Pbrjurii poeha ditina, exitium ; humava, dedecus. 
Iiipius MB auoeto placarb doktihiram Deorum- 

Kb^VIE AGRVM CONSBCRATO, AURI) ARGBNTI, BBORIS SACRAKI^t 
liOAVS BSTO. 

The most important pafticulars in the fragments of the 
Twelve Tables come naturally to be mentioned andexplain^ 
cd elsewhere in various places* 

After the publication of the Twelve Tables, every oneun- 
derstood what was his right, but did not know the way to 
obtain it4 For this they depended on the assistance of their 
patrons* 

From the T wetve Tables were composed certain rites and 
forms, which were necessary to be observed in prosecuting 
law-suits, iquilniJS inter :se homines disceptarent\ called AC- 
TIONES LEGIS. The forms used in making bargains, in 
tKinslerrii^ property, &c. were called' ACTUS LEGITI- 
ML— ^There were also certain days on which a law-suit. 
«ould be raised, iquahdo lege agi posset)^ or justice could be 
lawfully adminjstercd, {dies FASTI), and others on which 



i206 ROMAN ANTIQUITffiS. 

' that could not be done, <N£FASTI); and some on whicfa 
St could be done for one part of the day, and not for another, 
(INTERCISD- The knowledge of aU thesethmgs was con- 
fined to the patriciana, and chiefly to the Ptrntifices^ for ma- 
ny years; tUl one Cn. Flavius, die son of a freedmaa, the 
Qciibe or clerk of Appius Claudius Caecus, a lawyer, who 
had arranged in writing these actiones and days, stole or co- 
pied the book which Appius had composed, and published 
it, A. U. 440, (Jastos publicamt^ et actiones primum edkHi). 
In return for which favour he was made curule aedile by tbs 
people, and afterwards praetor. From him the book was call- 

^cd JUS CIVILE l^LAVIANUM, Liv. ix. 46. Cic.de 0- 
rat 1. 41. Mur^tn. 11. Att. vi« 1. 1. 2. i 7. D. deimg. juris^ 
QeU. vu 9v Faler. Max. ii. 5. 2.\Plin. xxxiii. 1. s. 6. 

The patricians, vexed at this, contrived new forms of pro- 
cess ; and to prevent their being made public, expressed 
them in writing by certain secret marks, (NOTIS, Cic.pr^ 
Mur. 11. somewhat like what are now used in writing short- 
hand), or, as others think, by putting one letter for another, 
(as Augustus did, Suet Aug. 88.) or one letter fof a whole 
wwd, (.per SIGLAS, as it is called by later writers). How- 
ever, diese forms also were published by Sextus iElius Ca- 
tus, (who for his knowledge in the civil law, is called by Ea« 
nias egregie cardatus homo)^ a remarkably wise man. Cur. 
de Orat. I 45.) His book was named JUS iELIANUM. 
The only thing now left to the patricians was the inter- 
pretation of the law ; which was long peculiar to that order, 
sad the means of raising several of them to the highest ho- 
noqrs of the state. 

The origin of lawyers at Rome was derived from the insti- 
tution of patronage. (See p. 32.) It was one of the offices 
of a patron to explain the law to his clients, and manage 
their law*suits. 

TITUS CORUNCANIUS, who was the first plebeian 
Pohtifex Maximus, A. U. 500, Lw.epit. 18. is said to have 
been the first who gave his advice freely to all the citizens 
without distinction, /. 2. } 35. & 38. D. de orig.jur. whom 

many afterwards imitated ; as, Manilius, Crassus, Mucius 

Scaevola, C. Aquilius, Gallus, Trebatius, Salpicius, &c. 

. Those who professed to give advice to aU promiscaously^ 



. Laws of the Romans. ' 801 

used to walk aoross the forum, {trtmsverso foro\ and were 
applied to iad eos adibaiur) there, or at their own houses^ 
Cie^ Oral. m. 33. Sucli as were celebrated for their know** 
ledge in law, often had their doors beset with clients befcwe 
day -break, Hor. Sat i. l.v. 9. £fiist. ii.L 103. for their gate 
was open to all, icunctisjanua pate&atj TibulL i. 4« 78,) 
and the. house of an eminent lawyer was as it were the ora« 
cle of the whole city, Cic. de Orat. \. 45. Hence Cicero calls 
thek poiwer Rkcnuk judici ale, Alt. i. L 

The lawyer gave his answers from an elevated seat, {ex 
soho, tanquam ex tripode)^ Cic. de legg. 1. 3. Orat. ii. 33. 
iiL 33. The client coming up to him said. Licet consu- 
j^StUt f Cic. pro Mur. 13. The lawyer answered. Con sir- 
L £. Then the matter was proposed, and an answer retu»ied 
vevy sfaordy ; thus, QuiCRo an existimes.? vel, Id jus 

EST WEC HE ? -Secundum e a, qUiE proponuntue^ 

ExisTiBfo, PLACET, PUTo,^(W*o/.^flf.ii. 3. 192, Lawyers 
gave their opinions either by word of mouth, or in writing i 
commonly without any reason annexed, Senec. Epist. 94* 
but not always. 

Sometimes in difficult cases, the lawyers used to meet near 
the temple of Apollo in the Forum, Juvenal, i. 128. and af. 
terdeliberatkig together, (which wascalledDISPUTATIO 
FORI), they pronounced a joint opinion. Hence what was 
detenuhied by the lawyers, and adopted by custom, wa» 
called Recepta sententia, Recjsptum jus, Recep- 
Tt?$ Mos, post HUtTAs vaeiationes receptum ; and 
the rules observed in legal transactions by their consent^ 
ware caUed Re GULJ& JURIS. 

When the laws or edicts of Ac praetor seemed defeetive, 
the lawyers supplied what was wanting in both from natural 
equky ; and their qnnions in process of time obtained the 
authority of laws. Hence lawyers were called not only m# 
terpretes, but also CONDITORES et AUCTORES JU. 
RIS^ Digest, and their opinions, JUS CIVILE, Cic. pro^ 
Citcin. 24. de offic. iii. 16* opposed to legef^ decin. 26. 

Cicero complains that many excellent institutions had 
bcpi perverted by the refinements of. lawyers, pro Mur. 12« 

Under the repuhlict any one that pleased might prc^^ to 
give adT2€6 about iQattcrs (rf law ; but at first this was ooSsg 

£e 



i02 ROMAN ANTIQUITIES. 

done by pers6ns of the lughest rank, and such as Ivere dis^^ 
tingnished by their superior knowledge and wisdom. By 
the Cincian law, lawyers were prohibited from taking fees 
or presents from those who consulted them ; hence, turp^ 
reos EMPTA miseros defendere kngua, Ovid* Amor. i« 
IQ, 39. which rendered the profession of juris^trudence hi^* 
ly respectable, as being undertaken by men of rank and learn. 
ing, not from the love of gain, but from a desire of assisting: 
tiieir fellow-citizenfi, and through their favour of rising to 
preferments. Augustus enforced this law by ordaining: 
that diose who transgressed it should restore fourfold, l^oi^ 
Kv. 18. 

Under the Emperors lawyers were permitted to take fises^ 
(HONORARIUM, certam jmtamque mercedem^ Snek 
Ner. \1.) from their clients ; but not above a certain sum, 
icapiendis pecunits posuit modum (sc. Claudius) usque ad 
dend sestertmy Tac. Anna), xi- 7.) and after the business 
was dorfe. {Peractis negotiispermittebatpecumas dxaaaxat 
decern milGum dare^ Piin. Epist. v. 210 Thus the andent 
connection between patrons and clients fell into disuse, and 
every thing was done for hire. Persons of the lowest rank 
sometimes assumed the profession of lawyers, JuoenaL viii. 
47. pleadings became venal, (venire advoeatumeg) advocates 
made a shameful trade of their function by fomenting kw- 
suits, iin lites coireJ ; and, instead of honour, whiqh vms 
formerly their only reward, lived upon ^e^oHsofthek 
fellow-citi?ens, from whom they received large and anmial 
Salaries, PUn. JEp. v. 14. Various edicts {edictdj tibru 
vel Rbelti), were published by the emperors to check tfab 
Corruption, fdtV/. also decrees (tf the senate, Id. v» 21. but 
tliese were artfully eluded* 

Lawyers were consulted, not only by private perscxis, but 
also (in consilium adMbebantur^ vd assumebamur) by magis- 
trates and judges, Cu:. Top. n. MuTien. 13. Cacm. 24. Ged. 
xiii. 13. PUn. Ep. iv. 22. vi. 11. and a c^tainoiumber of 
them attended every proconsul and prcqnra&tor to his pnK 
vince. 

Augustus granted the liberty of answering in questitw) 
of law only to particular persons, and restricted the jude^ 
Bot to deviate from their opinion, /. 2..i ult. D. de arig. jur^ 



Xaws of the RoMAirs. iSOS 

that Ifaus he mkfjbi. bend the bws, smd make theiQ subserv^ 
ent to despotism. His success<^s* (except Caligula, SueU 
S^) imitated dib example ; till Adrian restored to law- 
yers theirformer liberty, Dig' ibid, which they are supposed 
to have retained to the tnne of Severus« What alterations 
•aikr that took place, are not sufficiently ascertained. 

Of the lawyers who flourished under the emperors, the 

most remarkable were M. ANTISTIUS LABEO, fm- 

^^orrupta Hhertatis vir^ TaciU Annal. iii. 75. Gell. xiii. 

12.) and C, ATEIUS CAPITO (cujus obsequium domi* 

mmtOmsmagig probabatury Tacit«^ ibid.) under Augustus; 

and these two, from their different characters and opinions^ 

^game rise to various sects of lawyers after them: CASSlUS, 

tmder Ckudius, Cassiana sckola princeps)^ Plin. £p, vii. 

34. ; SALVIUS JULIANUS, under Hadrian ; POM- 

PCMJIUS, under Julian ; CAIUS, under the Antonines ; 

PAPINIANUS, under Severus; ULPI ANUS and PAU- 

LUS, under Alexander Severua; HERMOGENES, un- 

.der Ouustantine, &c. 

Under the republic, young men who intended to devote 
themselves to the study of jurisprudence, after finisliing the 
usual studies of grammar, Grecian literature, and philoso* 
pliy, (Cip. in Brut. 80. OJl i. 1. Suet, de clar. Met. 1. & 

2. 4tt^ia 1IB£BALIA V. HUMANlTATISjP/tt^OrrA. in LU' 

miL pfine.) usually attached themselves to some eminent 
lawyer, as Cicero did to Q. Mucins Seas vola, Cic. de Ami^^ 
1. whom they always attended, that they mightderive know- 
ledge from his experience and conversation. For these il- 
lustrious men did not open sdiools for teaching law, as the 
lawyers afterwards did under the emperors, whose scholars 
were called AUDITORES, Senec Contr. 25. 

The writings of several of these lawyers came to be as 
much respected in courts of justice {usu fori)^ as the laws 
themselvea, /. 2» \ 38. D. de orig. juris. But this,happened 
only by tacit consent. Those laws only had a binding 
force, which were solemnly enacted by the whole Roman 
pe(^le assembled in the ComitiH' Of these, the followititi 
vetbechieft 



^ RQMAN ANTIQIJITIES. 

LAWS 6F the ROMANS MADE AT DIFFER- 
ENT TIMES. 

JjEX ACILI A, I. About transporting colonies, {de coio^ 
niis deducemMs\ by the tribune C. Acilius, A. U. 556, 
Liv. xxxiii. 29. 

2. About extortion, ide repetundisX by Manius Acilias 
Glubrio, a tribune, (some say consul), A. U. 683, That in 
trials for this crime, sentence should be passed, after the 
cause was once pleaded (semel dicta causa) and that there 
should not be a second hearing, {nc reus comperend&nare* 
tur)^ Cic. prooem. in Verr. 17. i. 9. Ascon. in Cic. 

itcx iEBUTi A, by the tribune iEbutius, prohibiting the 
proposer of a law concerning any charge or power, from con- 
ferring that charge or power on himself, his colleagues, or re- 
lations, Cic. in Bull. ii. 8. 

Another concerning the Judicesy called Centumvirij y/bkh 
is said to have diminished the obligation of the Twelw Ta- 
bles, and to have abolished various customs which they ta*- 
dained, Geil. xvi. 10. ix. 18« especially that curious custona 
borrowed from the Athenians, {.Arietoph. in nuL v. 498- 
Pkto^ de legg. xii.)ofsearcliingfOT stolen goods without any 
elothes on but a girdle round the waist, and a mask on the 
face, (FURTORUM QUiESTIO CUM LANCE ET 
LICIO), GelL ibid. Festus in Lance. When the goods 
werefound,itwascalledFURTUM CONCEPTUM,/«*/. 
ii, 10. 3, 

Lex iELIA et FUSI A de cotnitiis^'-^VJ^o separate laws, 
although sometimes joined by Cicero. The first by Q. -ffi- 
lius Partus, consul, A. U. 586, ordained, that when the co^ 
mtia were hdd icft passing laws, the magistrates, or the au- 
gurs by their authority, might take observations from the 
heavens, {de cmlo servarent) ; and, if the omens were unfa- 
vourable, the magistrate might prevent or dissolve thenssem. 
bly, (comitiis obnundaret)^ and that magbtrates of equal au- 
thority with the person who held the assembly, or a tribuxie, 
might give their negative toany law, Qegi mtercederenf),Cic^ 
pro Sext. 15. 53. post red. in Sen* 5. de prov. Cons. 19. m 

Vatin. 9. Pis. 4. Att. ii. 9. The second, Lex FUSIA, 

or Fuf X A^ by P. Furius, consul A« U« 617| w by one Fu- 



Laws i/fA^ Romaits. ^ £205 

fius or FusiQS^ a tribone, Thnt it should not be lawful tp 
enact laws on all the diesfastiy Cic. ibid, See p. 96. 

Lex lElAK SENTIA, by the consuls iElius and Senti. 
us, A. U. 756, tibout the manumission of slaves, and the 
Cfu^ition of those who were m^e free. Suet, Aug. 40. See 
p. 44. 

Ij€X iEMILIA, about Ac censcH^. See p. 136. 

Lex iii^MILIA Sumptuaria vel Cibaria, by M. TEmiliu j 
Lepidus, consul, A. 675, limiting^the kind and quantity of 
meats to be used at an eutertainment, Macrob. Sat. ii. 13- 
GeiL ii 24. Pliny ascribes this law to Marcus Scaurus, yiiL 
57- So AttreL Vict, de vir- iUmtr. 72. 

Leges AGlXhRlM ; Cassia^ Liemia^ Flaminia^ Sempro^ 
ma^ Thortaj Comdta^ Serviliay Flavia^ Julia^ MamUta. 

LegesdeAMm£V; Fabia, Calpumux, TuUm.Atifidia. 
Licinia^ Pompeia. 

Leges ASNALZS vtl Annariie. Seep.llS. 

Lex ANTIA Sumptuaria^ by AntiusRcstio, the year un. 
certain ; limiting the cxpence of entertainments, and oiflain. 
ing that no actual magistrate, or magistrate elect, should go 
any where to sup but with particular persons, Geli. iL 24* 
Antius seeing his wholesome regulations insufficient to check 
the luxury of the times, never after supped abroad, that he 
might not witness the violation of his own law, Macrob. ii. 
13, 

Leges ANTONIiE, proposed by Antony after the death 
of Caesar, about abolishing the office of dictator^ confirming 
theactsof CaBsar,(AcTA C/BsARis),planting colonies, giv- 
iog away kingdoms and provinces, granting leagues and hau 
nunities, admitting officers in the army among jurymen ; 
allowing those condemned for violence and crimes against 
the state to appeal to Ae people, which Cicero calls the des- 
traction of all laws, fee. Cic. PhiL i- 1. 9. ii. 3, 36, 37, 38, 
V. 34. xiii. 3, 5. Att. xiv. 12» Dio, Cass. xiv. 28. Appian. de 
beil. cwi iii. transferring the right of choosuig priests from 
the people to the different colleges, Dio. xliy-^fn. &c. 

Leges APPULEIAl, proposed by L. Appuleius Satirmi- 
mis, A. 653, tribune of the commons ; about dividing the 
public lands among the veteran soldiers^ AureL Vict, de vin 
iUtitir. 73. settling colonies, Ck. pro Both. 2Lpunislunc 



soft ROMAN ANTiQUmES. 

crimes against the state, {de majesiate), Cic. de orat. ii. 25, 
49. furnishing com to the poor people, atil ofana*^, a bushel, 
{semisse et triente^ u e* depctante vel decunce : See Leges 
Sempronue\ Cic* ad Herenn* i* 12. de Legg. ii. 6. 

Satuminus also gota law passed, that all the senators should 
be obKged, within five days, to approve upon oath of what 
the people enacted, under the penalty of a heavy fine ; and 
&e vir^ous Metellus Numidicus was banished, because he 
alone would not comply, Cguodtn legem vi Uitamjurare nol- 
iet)^ Cic. pro Sext. 16. Dom. 31. Cluent. 35. Victor de Vin 
tllust. 62. But Satuminus himself was soon after dain for 
passing these laws by the command of Marius, who had at 
first encouraged him to propose them, Cic. pro Rafnr. perd. 
7. 11. and who by his artifice had effected the banishment 
of Metellus, Plutarch, in Mar. Appian. de BeU. Civ. i, 367- 

iiro; AQUILIA, A. U. 672, about hurt wrongfully d(xie, 
tde damno injuria daioj Cic. in Bruto, 34. Another A. U. 
€87, ide dolo malo\ Cic. de Nat. Deor. iii. 30. Off. iii. 14. 

Leob ATERIA TARPEIA, A. U. 300, that all magis- 
trates might fine those who violated their authority, but not 
above two oxen and thirty sheep, Z>tQny^» x. 50. After the 
Romans began to use coined money, an ox was estimated 2^ 
100 asses^ and a sheep at ten, Festus m PEcirt atus, 
. Lex ATI A, by a tribune, A. U. 690, repealing the Cor- 
nelian law, and restoring the Domitian, in the election of 
t^riests, Dio. xxivii. 37. 

LexATlLlAdededUitiisA. V. 543, ifv. xxvh 33. 
Another de tutoribus^ A. U. 443, That guardians shotild be 
appointed for orphans and women, by the praetor and a ma^ 
jority of the tribunes, Ulpian. in Fragm. Liu. xxxix. 9. 
See p. 67. 

Another, A. U. 443, That sixteen military .trU>unes 

should be created by the people for four legions ; lluit is, t^o 
thirds of the whole. For in four legions, the number which 
then used annually to be raised, there were twenty-foiurtd^. 
bunes, six in each : of whom by this law four were appoint* 
cd by die people, and two by the consuls. Those diosen by 
the people were called COMITIATI ; by die consuls, RU- 
TILI or RUFULL At first they seem to have been all no. 
lOinatcd t^ the kings^ consuls, or dictator?, ttU the yew 392r 



Laws of the Romans* jK)f 

^prhen tibe people assumed the right of annuaHy af^c^ting: 
six, Lio. vii. 5. ix..30. Aaetm. in Cic. Afterwards the man;; 
net of choosuig them varied. Sometimes the people created 
the whote, sometimes only a part. But as they, through in^ 
terestf often appointed improper persons, the choice was 
sometimes left, especially in daugerous junctures, entirely 
to the consuls, Liv. xlii. 31. xliii. 12. xliv. 21. 

Lex ATINIA, A.U. 623^ about making the tribunes of 
the commons aenators, Geli. xiv. 8. Another, That the pro. 
perty of things stolen could not be acquired by possessioi^ 
iumcapione) : The words of the law were, Quod surrep* 

TUM ERIT, EjyS iETERNA AUCTORITAS ESTO. (Seep« 

59. GeU. xvii. 7. Ctc. in Veru i. 42. 

l^ex AUFIDIA deAmbitu^ A. U. 692. It contained this 
lingular clause, That if a candidate promised mcxiey to ai 
tribe, and did not pay it, he should be excused ; but if he 
did pay it, he should be obliged to pay to every tribe a yesoiy 
fine of 3000 sestertii as lon^ as he lived. Cic* AtU i. 16. 

Z«r AURliLIA^ttrftraria, by L. Aurelius Cotta, prastoTp 
A. U. 683, Th^Xjtuhces or jurymen should be chosen from 
the senators, Equite^y and THAe/wwdSrarw.— The last were 
officers chosen from the plebeians, who kept and gave oyA 
the mcpey for defraying the expences of the army» Asami 
in Cicr^Cic. pro Plane. 8. Att. L 16. Festus» 

Another, by C. Aurelius Cotta, consul, A. U. 678, That 
tiiose who had been tribunes might enjoy their offices, whic|L 
had been prohibited by Sulla, Ascon. in Cic. 

Lex BiEBiA, A. U. 574, about the number of i^raetors. 
(See p- 134.) — Another against bribery, , A* U. 571, Uv. xU 
\9. ' ^ 

LexCMCllAX DIDIA,or etDidia,orDidiaet Gteilia, 
A. U* 655, That laws should be promulgated for three mar- 
ket-days, and that several distinct things should not be in^. 
duided in the same law, which was csSkAferre per eaiuram^ 
Cic* Att. ii, 9. Phil. v. 3. pro Dom. 20. 

-~~Anotha* against bribery, Cic.pro SulLQ2^ 23. 

'■ ■ Another, A. U. 693, about exempting the city and 
Italy from taxes, IMo. xxxvii. 51* 

Za: CALPURNIA, A. U. 604, against extortion, by 
which law the first quastio perpetua was established^ Civ$ 
Ferriy.2S.qff:]i.2h 



208 ROMAN ANTIQUITIES. 

"^ — — Anoth*, called also JciRoy concerning brib^, A. 
686, Cic. pro Mur. 23. Brui> 27. Sali. Cat. 18- 

Lex CANULEIA, by a tribune, A. 309, about the in- 
jtermarriage of the patricians with the plebeians, Lio. iv. 6- 

Lex CASSIA, That those virhotn the people condenmed 
should be excluded from the senate, ^j<?w. in Cic.proCom. 
Another about supplying the senate, Taat. xi. 25. Anoil)er« 
That the people should vote by ballot, &c. See p. 99. 

Z^ CASSIA TERENTIA i^n/iniwfam, by the Con. 
Euls C. Cassius and M. Tcrentius, A. 680, otdaining, as it 
b thought, that five bushels of com should be given monlMy 
to each of the power citizens, which Was not more dian the 
afloxVance of slaves, Saltust. hist.fragm. (p. 974. td. Cortit^^ 
aiid that money should be annually advanced from' thetrea- 
feury for pitfchasing 800,000 bushel!^ of wheat, (Tr i rrci r jt- 
I^er ati), at four sestertii a bushel ; and a second tenth part 
ialteras dfcumas)^ (see p. 76.) at tlwec sestertii a bilshei (j&rc? 
DEctTMAWo), Cic. VerT. iii. 70- 

This corn was given to the poor people, by the Sem;proni. 
an law, at a stmts and triens a bushel ; and by the Clodian 
law, gratis. In the time of Augustus, we read that 200,000 
received com from the public, Dio. Iv. 10. Suet. Aug. 40; 
42. Julius C»sar reduced them from 320,000 to 150,000, 
Suet. Jul. 41. ♦- : 

Lex CENTURIATA, thenameof every ordinancetoade 
by the Camitia Caituriatay Cic. in RuU. ii. II, 

XeorCINCIA dedonis et muneribus^hence called MU- 
NERALIS, Piaui. apudFestum, by Cinoius a tribune; A. 
549, That no one should take money or a present for {head- 
ing a cause, Cic. de Senect. 4. cfi? Orat. ii, 7. Att. i. 20. TJr- 
eiu Ann* xi. 5. Liv. xxxiv. 4. 

Lex CLAUDIA cfe navibus, A. 535, That a senator 
should not have a vessel above a certain burden.' (s^^ pi* 6;) 
A clause is supposed to have been added to this law^^prohii- 
biting the (quaestor's clerks from trading, Suet. Dam. 9. 

Another by Claudius the consul, at the request" of theral- , 
lies, A. 573, That the allies, and those of the Latin name, 
should leave Rome, and return to their own cities'. Accord- 
ing to this law the consul made an edict ; and a deerc6^ of the 
senate was added, That for the future no person should be 



Laws qfthelkouAHS. 0)j| 

m^Dumitted, unless bothmaster and slave swore, that he was 
not manumitted for the sake of changing his city. For the 
allies used to give their children as slaves to any Roman cili- 
aen on condition of their being manumitted, (.ut iibertird 
cive^esstnt) Liv, xli. 8, & 9. Cic. pro Balb. 23. 

by the Emperor Claudius, That usurers should not 

lend mcMiey to minors, to be paid after the death of their pa- / 
rents, Tacii. Ann. xi. 13- supposed to be the same with what 

WaSCaUedSEKATUS-CONSUXTTrMMACBDONIAlftrM, £//- 

pitm. enforced by Vespasian, SueU 1 !• To this crime Ho* 
rac9 alludes, S<u. u 2. v. 14* 

by the consul Marcellus, 703, That no one should 

foe allowed to stand candidate for ^an office while absent; 
thus, takiQg from Cassar the privilege granted him by the 
Pompeian law ; {desari privxlegium eripiens yel benefict-^ 
um popuh adimms) ; also, That the freedom of the city 
should be taken from tl^ colony of Novumcomum^ which 
Caesar had planted. Suet. JuL 28. Cic. Fam. xiii. 35. 

L^es CLODIiE, by the tribune P. Clodius, A. 695. 

— -* 1. That the com which had beep distributed to the 
people iof six as$es and a triens the busl^l, should be given 
gratUy Cic. pro Sext 25. Ascon, in Cic. See. p. 208. 

■ " 2. That the censors should not expel from the se* 
nate, oc jftSiot any mark of infamy, on any man who was not 
first openly accused and condemned by their joint sentence^ 
Cic. ibid.-^n Pis. 5. Dio. xxxviii. 13. 

■ 3. That no one should take the auspices, or observe 
the iieavens, when the people were assembled on public bu- 
siness; and, in short, that the i£Iian and Fusian laws should 
be abrogated. (See p. 96.) Cic. Vat. 6. 7. 9. Sext. 15. 26. 
Prcf&. Cons. 19. Ascon. in Pis. 4. 

4. That the old companies or fraternities {collegia^ 

of artificers in the city, which the senate had abolishecf, 
should be restored, and new ones instituted, Cic. in Pi^. 4, 
Suet. Jul. 42. 

These l^ws were intended to pave the way for the follow- 
ing : 

■ 5« That whoever had taken the life of a citiz^ un- 
coodemnedi and without a trial, should be prohibited from 

fite «9d water $ bv which law, Cicero, although not n^med, 

\ ■ ■ F f ■•,... 



210 ROMAN ANtlQUITlfeS. 

tiraS plainly pointed at ; Fell, ii, 45* and sooii after, by nfeaitt 
^f a hired mob, his banishment was expressly decreed by a 
second law^ Cic. pro Dom. 18, 19, 20. posU red. in sen. 52. 
5, &c. 

Cicero had engaged Ninius a tribune to oppose these laws, 
but was prevented from using his assistance, by the artful 
fconduct of Clodius,Z)u).xxxviii.l5. and Pompey, on whose 
protection he had reason to rely, betrayed hvai^ibid. 17. -P/w- 
iarch. — Cic. Att. x. 4. Cassar, who was then without the 
walls with his army, ready to set out for his province of 
Gaul, offered to ms^e him one of his lieutenants ; but this, 
by the advice of Pompey, he declined, Dio. xxxviii. 15. 
Crassus, although secretly iniixiical to Cicero, ibid, yet at 
the persuasion of his son, who was a great admirer of Cice- 
ro, Cic. Q./r. ii. 9. did not openly CQipose him, Cic. SexU 
17, 18. But Clodius declared that what he did was by the 
authority of the Triumviri, Cic. SexU 16. 18. ; and the in- 
terposition of the senate and Equites, who, to the number 
of 20,000, changed their habit on Cicero's account, Cic. 
post red. ad Quirit. 3. was rendered abortive by means of 
the consuls Piso, the father-in-law of Cssar, and Gabinius^ 
the creature of Pompey, Cic. 3exi. 11, 12, 13, &c. Cicero 
therefore, after ^several mean compliances, putting on die ha- 
bit of a criminal, Dio. xxxviii. 14. and even throwing bim« 
self at the feet of Pompey, Cic. Att. x. 4. was at last oUiged 
to leave the citj', about the end of March, A. U. 695. He 
was prohibited from coming within 468 miles of Rome^ un- 
der pain of death to himself, and to any person wha enter- 
tained hini, Cic. Att. iii. 4. Dio. xjcxviii. 17. He.therefore 
retired to Hiessalonica in Macedonia, Cic. Plane. 41. Bed. 
in Senat. 14. His houses at Rome and in the country were 
burnt, and his furniture plundered, ibid. 7. pro Dotn. 24. 
Cicero did not support his exile with fortitude ; but diewed 
marks ordejection, and uttered expressions of grief, unwor- 
thy of his former character, Dio. xxxviii. 18* Cic.Att. iii. 
7, 8, 9, 10, 11, 13, 15, 19, &c. He was restOTcd with great 
honour, through the influence of Pompey, by a very unani- 
mouf decree of die soiate, and by a law passed at the Comf/ta 
Centuriataj 4th August the next year, Cic. Au. iv. 1. post 
red. ad Cluir. 7. in Senat. 11* Ml. 20* Fis. 15. £HiKX.Kxix. 



Laws x>f tht Rovaks- :^U 

8. Had Cicerodisplayed as much dignity and independence^ 
after he had reached the summit of his ambition, as he did 
industry and integrity in aspiring to it, he needed not to have 
owed his safety to any one, 

6, Tiiat the kingdcnn of Cyprus should betaken 
from Ptdlemy, and reduced into the form of a province, 
Crr. pro Dom. 8. Fell. ii. 45. the reaspn of which law wa3 
to punish that king for having refused Clodius money to pay 
his ransom, when taken by the pirates, and to remove Ca- 
to out of the way, by appointing him to execute this order 
of the people, that he might not thwart tlie unjust proceed- 
ings of the tribune, nor the views of tlK triumviri^ by whom 
Ckxiius was supported, Cic. pro Sext. 18. 28. Dom. 25. 
jriw. xxxviii. 30. xxxix. 22, 

" ' " 7. To reward the consuls Piso and Gabinius, who 
had fivoured Clodius in his measures, the province of 
Macedonia and Greece was by the people given to tlie for- 
mer, aid Syria to die latter, .Cwr- ibui. 10. 24. in pis. 16. 

— — 8» Another law was made by Clodius, to give relief 
to the private members of corporate townsyCmunicifJtorurn), 
against the public injuries of their communities, Cic. pro 
Dom. 30, 

" "^^ 9. Another, to deprive the priest of Cybele, at Peis- 
srouskrPhiygia of his office, Cic- Sext. 26.de resp. Ha^ 
rusp' 13. 

Zrca: COELIA tabeUaria perduellionisy by Cc&lius, a tri- 
bune. Seep. 99. 

Leges eORNELLE, enacted by L. Cornelius Sylla, the 
dictator, A. 672- 

— -— * 1. De proscriptione et proscriptis^ against his ene- 
mies, and in favour of his friends. Syiia first introduced the 
meihod of proscription* Upon lus. return into tlie city, af- 
ter having conquered the party of JVlarius, he wrote dovvii 
the names of those whom he doomed to. die, and ordered 
them to be fixed up on tables in the public places of the city, 
with the promise of a certain reward (duo talenta) for ihe 
head of each person so proscribed. New lists {tabuUe pro-^ 
scriptionis) were repeatedly exposed, ^s nf^w victims occur- 
red to bis memory, or were suggested to hinu T]he first list 
contained the names of 40 senators and 1600 equites, '^ppi 



n» ROMAN ANTiomriiis. 

an. B, Civ* i. .409- Incpedible numbers were tnassaotd, not 
only at Rome, but through all Italy, Dio. Ftagm. 137. 
Whoever harboured or assisted a prosmbed persop, was 
put to death, Cic. in Ferr. i. 47. The goods of the proscrib- 
ed were confiscated, Ck. pro Hose. Amer. 43, 44. in RuU. 
iii. 3. and their children declared incapable of honours, FeU. 
Fat., ii, 28. Cie. in Pis. 2. The lands and fortunes of the 
slain \yere divided among the friends of Sylla, SaUusi* Cat. 
Sh who were allowed to enjoy preferments before the iegal 
time, Cit. jicad' ii. h 

— ^jDk?MuNiGifiis, That the free towns which had 
joined Marius, should be deprived of their land^ and the 
right of citizens ; the last of which Cicero says could nW: 
be donei {Quia Jure Romano civitasnemm invito adimi po.^ 
teraty^ pro Dom, 50- Casein. 33» 

Sylla being created dictator with extraordinary powers by 
L» Yftletius Flaccus, the Xnterrex^ in an assembly of the 
people by centuries, Appian. B. civ. i- 411- and having there 
got ratified whatever he had done or should do, by a special 
law, (svve Valeria, ^wtf Cobnelia, Cic* proJUosc. Am. 
43) Cic in Ruil- iii. 2. next proceeded to regulate the state, 
;ind for that purpose made many good laws. 

. — -• 2. .Concerning the republic, the magistrates, (seep« 
1 14,) the provinces, (see p, 174.) the power of the tribunes, 
(see p. 149.i That Xhtjtidices siiould be chosen only from 
among the senators : That the priests should be elected by 
th^r respective colleges, Ascon. ad Cic^ Dvoin. in Ferr. 3. 

^ ' II 3, Conceiving various^ crimes ; de Majestate, 

Cic. in Pis. 21. pro Cluent^ SB. adFanu m. 11* (seep. 174.) 
,^e:REPETt;>iDis, Ctc- pro Babtr-S. Xsee p. 134.'3-Hfc 
Sicariki IIP/ Venefic is, those who killed a person with 
weapons or poison ; also, who took away the Jife of another 
by false accusation, &c.-^Oiie accused by this law, was asked 
whether heichose sentence to be passed on him by voice or 
by ballot? (palam dn clam?) Cic. pro Cluent 20. ^--^e In- 
CENDiARiis, who fired houscs ;-— fife Parricidis, who 
killed a parent or relaition; — rfepAfiM, against thbse who 
forged testaments, or any othpr deed, who debased or coun- 
terfeited the public coin, {qui in aurum vitH qtadaddiderim 
Wladtdterinosnummos/ecemt)^ &c- Hence thi^lawis wilt 



Lavs f^ the Rohavs^ SIS 

edb5rCicer0,C0RNELIATESTAMENTAaiA,NUMUA&iA,. 

in Vert. i. 42. 

The punishment annexed to these laws was generally 
aqu4^€i ignis iraerdictio^ banishment- 

Sylla also made a sumptuary law, limiting die expence of 
entertainsients, Gell- ih 24. Macrob. Sat. ii- 13* 

There- were other /^^^j CORNELIiE,propo8ed by Cor- 
nelius the tribune, A. U. 686. That the praetors in judging 
should not vary from their edicts. (See p. 130.) That the 
senate should not decree about absolving any one from the 
obligation of the laws, without a quorum of at least two 
hiuidred, Ascon. m Cic. pro CorncL 

jtearCURI A, by Curius Dentatus when tribune, A. Up 
454, That the senate should authorize the comitia for elect, 
ing plepeian magistrates, Jur. Fict. 37. Cic. de clar- Oral. 
14. 

Jjeges CURIATJE, made by the people assembled by. 
curut. See p. 84. 

ZexDECIA, A. U. 442, ThsitDuumviri navaies sliould 
be created for equipping and refitting a fleet, Liv. ix. 30. 

Lex DlDlAsumptuaria, A. U. 610, limiting the expence 
ofentertainments and the number of guests : That the sump- 
tuaiy laws should be extended to all the Itali^ms ; and not 
only the master of the feast, but also the guests, should in-^ 
cur a penalty for their offence, Macrob. Sat^ ii. 13. 

JLex DOMITIA tie sacerdotits^ the author Cn. Domidxis 
Ahenobarbus, a tribune, A U* 650* Tliat priests, (h e. the 
pantificesj migures^ and decemviri sacris /aciendis)^ should 
not be chosen by the colleges, as formerly, but by the people^ 
(see p- 106) Suet- Ner^ 2- Cic^ RuW n- 7- The Pontifex 
Maximus and Curio Maximus were, in the first ages dTthe 
republic, always chosen by th^ people, Lw* xxv- S« xxvii. 8. 

Lex DUILIA, by Duilius a tribune. A- 304, That who. 
ever left the people without tribunes, or created a magistrate 
from whom there was no appeal, should be scourged and 
beheaded, Liu- iii* 35. 

Lex DUILIA M-ffiNIA de unciariafoenore. A- 396, fix- 
ing the interest of money atone per cent. Ltv. vii. 16~A-i 
Bother, making it capital for one to call assemblies of the • 
people at a dbtance from the city, ibid- 



214 ROMAN ANTIQUmfea 

. Lex FABIA de pldgio vel plagiariis, against kidtiappitig:^ 
or stealing away and retaining freemen or ,slaves, Cic- pro 
Mabir- perd. 3. ad Quinct Fr- i- 2- The punishment at first 
was a fine, but afterwards to be sent to the miftes ; and for 
buying or selling a free-born citizen, death- 

Literary thieves, or those who stole the works of others, 
were also called Plagiarii, Martial, i. 53. 

Another, limiting the number of Sectatores that at- 

tended candidates, when canvassing for any office. It was 
proposed, but did not pass, Cic.'pra Muran. 34. 

The Sectatores, who always attended candidates, were 
distinguished from the Saxut atores, who onlj^ waited on 
diem at their houses in the morning, and then went away ; 
ajid from the Deductores, who also went down with them 
to the Forum and Campus Martius ; hence called by Mar- 
tial, Antambulones, ii. 18. Cic^ depet. cons. See p. 92. 
. Lex FALCIDI A testamentaria, A. 713, That the testa- 

..tor should leave at least the fourth part of his fortune to the, 
person whom he named his heir, Paul, ad leg- Falctd.^- 
Dio. xlviii. 33. 

. Lex FANNI A, A. 588, limiting the expences of one day 
at festivals to 100 asses^'^hGnce the law is called by Lucili- 

. us, Centussis ; on ten other days every mdintb, to thirty ; 
and on all other days, to ten c^ses : also, that no other fowl 
should be served up, (ne quidvolucrium yel valuer e ponere- 

"tur)^ except one hen, and that not fattened for the purpose, 

. iyua non altilisesset)^ Gell. ii. 24- Macrob. Sat. ii* 13.tguod 
deinde caput translatum^ per omnes leges ambulaviO Plin. 
X. 50. s. 7h 

. Lex FLAMINIA, A. 521. about dividing among the sol- 
diers the lands of Picenum, whence the Galli Senones had 
be^n expelled ; which afterwards gave occasion to various 
warsj PobjK ii- 21. Cic. Sen. 4. 

i^a: FLAVIA agraria^ the author L. Flavius, 9 tribune, 
A* 695^^ for the distribution of lands among Pompey^s sol. 
diers ; which excited so great gommotions, that the tribune, 
supported by Pompey, had the hardihood to commit the^oh- 
3ul Metellus to prison for opposing it, Dio. Cass, xxxvii, 
50. Cic. Att. I. 18, 19. ii. 1. 
Leges FRUMENTARIiE, laws for the distribufion of 



Laws q/'xAtf Romans. ' 215 

txim among the people, first at a low price, and then gratis / 
the chief of which were the Sempronian, Apuleian, Cassian, 
Clodian, and Octavian laws. 

Lex FUFIA, A, 692, That Clodius should be tried for 
violating the sacred rites of the Bona Dea, by the prajtor, 
wth a select bench of judges ; and not before tlie people, 
according to the decree of the senate, Cic. ad jit t i. 13, 14, 
16. Thus by bribery he procured his acquittal, Dio. xxxvii^ 
46. 

Lex FULVIA, A. 628, about giving the freedom of the 
city to the Italian allies ; but it did not pass, Appian. de BelL 
Civ. i. 371. FaL Max. ix» 5. 

Lex FURIA, by Camillus the dictator, A, 385, about the 
creation of the curule aediles, Liv. vi. 42. 

Lex FURIA vel Fusia^ (for both are the same name, 
Liv. ill. 4. QuinctiliarL i. 4. 13.) de testamentis. That no one 
should leave by way of legacy more than 1000 assesy and 
that .he who took more should pay fourfold, Cic- in Verr- u 
A% pro Balb. 8. Theophil^ adlnstit^ ii. 22- By the law of the 
Twelve Tables, one might leave what legacies he pleased.* 

Lex FURIA ATILIA, A. 617, about giving up Man- 
ciaustQ the Numantines, with whom he had made peace 
withput the order of the people or senate, Cic. Off. iii. 30. 
\ ^x fUSIA de comitiisy A. 694, by a praetor, That in the 
.Comitia Tributa the different kinds of people in each tribe, 
shoujd vote separately, that thus tlie sentiments of every 
rank weight be known^Z)ti>. xxxviii. 8. ^ 

., 4^(?a:FUSIA vel Furia CANINIA, A. 751, limiting the 
Bumber of slaves to be manumitted, in proportion to the 
'Whple number which any pne possessed ; from two to^ ten, 
the half ; from ten to thirty, the diird ; from thirty to a hun- 
dred,the fourth part; but not above a hundred, whatever was 
the number, Vopisc. Tacit* 11. Paul. Sent. iv. IS. Seep. 45, 

Ife£;es GABINIiE, by A. Gabinius a tribune, A. 685, 

Tiiat Pompey should get the command of the war against 

" the pirates, with extraordinary powers, {cum imperio ex- 

' traordinarioj J Cic. pro [tg. Manil. 17. Dio. xxxvi. 7. That 

the senate should attend to the hearing of embassies the 

whole month of February, Cic- ad Quinct. Fr. ii. 2. 13. 

, That the people should give their votes by ballots, and hot 



Sl« ROMAN ANTIQUITIES- 

viva voce a^ formerly, in creating mag^trates. GSee ^ 100.) 
That the people of the provinces should not be allowed to 
borrow .money at Rome from one person to pay another, 
f vermram facers) y Cic. Att. v., 21. vi. 2. 

There is another Gabinian law, mentioned by Pixxuns 

Lairo in his declamation against Catiline, which made it 

ncapital ta hold clandestine assemtdies in the city, c. 19. But 

^sauthor is thought to be supposititious* See CarHut en 

Sallust 

It is certain, however, that the Romans were alwa3rs care- 
ful to prevent the meetings of any large bodies of men, (A^- 
. taria)^ which they diought miglit be converted to the pur- 
poses of sedition, jP/in. Ep^ x* 43. 94* On this account, PU- 
ny informs Trajan, that according to his direcdons be had 
lirohibiled the assemblies of christians, Id- 97- 76« . 
• Lex GELLIA CORNELIA, A- 681, confirming the 
right of citizens to those to whom Pompey, with the advice 
of his council, {de consilii sentential had granted it^ Cic- pro 
£al6. 8. 14- 

. Lex GENUCIA,A. 411, That both consuls might be 
*€hosen from the plebeians, Liv' vii* 42 ; that usury .should 
Ije prohibited ; that no one should enjc^ the-same office with- 
in ten years, nor be invested with two offices in one year, 
ibid. 

'^ Lex GENUCIA iEMILIA, A. 390, about fixing a nail 
in the right side of the temple of Jupiter, Liv. vii. 3. . 

Lex GLAUCI A, A- 653, granting the right of judging to 
the JSquitesy Cic« de clar* Orator. 62 — De repetundu. Sec 
LexServilia* 

Lex GLICI A, de inofficiosa testamento^ See p. 64. 

Lex HIERONICA, vel frumentaruiy Cic- Verr- ii. 13- 
containing the conditions on which the public lands of the 
'Roman people in Sicily were possessed by the husbandmen- 
It had bee» prescribed by Hiero, tyrant of Syracuse, to his 
tenants, iiu qui agros regis colerentX^ and was retained by 
the Praetor RupiHus, with the advice of his council, among 
the laws which he gave to the Sicilians, when Aat country 
'Was reduced into the form of a province, Cic. Verr. iii. 8. 
10; Itresembled the regulation ofthecensors, (Leoes Cew- 
soRi^,) in their leases and bargains, {in hcatiombus et pac^ 



Laws of the KofiANs. JU7 

tbkH^Jj and settled the manner of coUectiog and asoeitdtti* 
ioK the quantity of the tithes 

jLw? HIRTIA, a. 704- That the* adherents <rf Pompey 
(J^ompekmi) should be excluded from prefermeols, Cio. 
J^AU. xiii* 16* 

I^ex HOR ATIA, about rewarding Caia Taratuu a ve% 
tal virsin^ because she had presented the Roman people with 
the Campus TibartinuSf or Marttus; that she should be ad^ 
mitted to give evidence {testabilis egsetX be discharged from 
her j^riestheod (exaugurari posset,) and might many if sh^ 
chose, Geii. vi* 7* 

Lex HORT£NSI A, That Ae^nwuHni, or market.day«» 
ip^cb used to be held z&fefia or holidays; diould htfast4^ 
or cenirt days ; that the country people, who came to towo 
for market, might then get their law-suits detehnined, ilt^e^ 
^tnnponerenty^ Macrob* Sat. i. 16. 

X«cHORTENSIA,(fc/>fcdMrfl«* See p. 22, 106, 193. 

Lex HOSTILI A, de furtis^ sdx>ut theft, is^ menUoned 
only hg Justinian, InstiU iv. 10- 

LexlCllAA^detr^tmis, A<.2&1, Thatuo.CHie should 
contradict or interrupt a tribune (mier/ari tribum) whSis 
q)eaking to the people, Dionys* viL 17. 

Anodier, A. 297, deAventinoptAHcando^ That tht 

Avenftoe hill should be common for the people to build up<^ 
<Hi, Id. X. 32* Liv. iii. 13» It was a condition in the creation 
t^ the, decemviri^ that this law, and those relating to the triU 
bunes, (LEGES SACRAT-«), should not be abrogated, 
Livnl 32- 

Lex JULIA, de civitate sodis et Latinis danda ; the aii- 
thor L. Julius Caesar, A» 663, That the freedom of the city 
should be given to the Latins and all the Italian allies who 
diose to accept of it, iqm ei legi fundi fieri veUentX Cie* 
pro Balb. 8. GelK iv. 4. See p, 47- 72. ' 

Leges JULI^/brws made by Julius Caesar nd Auguq^ 

tusi ' 

■ > ■■ L^C JutiusCiesar, inhisfir^t cfinsulahip, Ai» 
6d4» atfidifter¥i^ard3 when> dictator : 

Zieo? JUIJ A AaR A R I A, for distributing thelaiids of Canv 
^ania and ^eUa, to 20,000 poor citizcags who had eac|i 



21» ROMAN AJITIQUITIIESL 

tbree cbUdreh or morc^ Cie. pro Plane* S. Jitt* iL J16» M^ 
19. Veil ii. 44. Dto, xxxviu. .1, &^ 7. 

Whea Bibulus, Cse^v's colleague in the consulate^ gave 
\as negsftive to this law, he was driveh from the Fomm t^ 
force- And next day having complained in the senate, but 
Aot beii« supported, he was so diacoiuraged, that during his 
continuance in of&cefor dg^t mpmhs, he shut himself u|i. 
at home, without doing any tii^g» but interposing by hb 
tAicts^iuiy quoad potestate abiretj domo abditus nihil aliud 
quam S^^r edicta obnumiaret)^ Suet* Jul. 20. Dio. xxxviii^ 
6. by which means, while he wished tp raise odium £^inst 
]ps.coUeagtte, he increased his power, Fell- ii. 44*. Metellus 
Oder, Cato, and his great admirer, {emulator) M. FavOr* 
nius, at first refused to swear to this law ; but constrain^ 
by the severity of the punishment annexed to ^t, which Al^ 
pian says was capital, de BeU^ Cwil- iL 434- tbey ^t his^ 
complied, jDio. xxxviii* 7. Fluiatch- in Cato Minor. This 
custom of obliging all citizens, particularly senatoirs, within 
. a limited time, to signify their approbation, pf a law fa]r 
swearing to support it, at first introduced in thp time pf ]\f a«- 
rius, (see Leges Apptdeia), was now cri^aenred with.r««3)pq|: 
to every ordinance of the people, however vidQntandab8lifid» 
Dio. xxxviii- 7. Cic^ Sesoi* 28. , 

de Vvi^hicjL^ IS tertM parte peamiedebiUt re^f^ 

imubSi about remitting to the farmers-general a tfaijod^Atft 
of what they had atipukled to pay, Suei. ibid. Cie* pro 
plane. 14» Die. ibid^jippian. B. Civ. ii.' 43.5, Seep. ?6. 
When Cato opposed this law with his usual firmness, Cae^ 
sar ordered faim to be hurried away to prison ; but fearing 
test such violence should rsuse oditun against him, h^ d^- 
ed one of the tribunes to interpose and free himt FhUarfAs 
in Cas. 

Dm says that this h^pened when Cato ogpoecd the for.- 
flfker law in the senate, xxxviii. 3. So Suet Oes. 20* GeU^ 
iv. 10. When many of the senators followed Ca^o, 0|i^ qf 
them, named M. Petreius,r being reproved by Csasar for 
going away before the house was <£aiiiis(ed, implied, " I had 
rather be with Cato in prison, than heie with Caesar/' j^ 
6eep. 15. 

«-~-^For the n^catioQ of all Pomp^'a acts in Asia. 



Laws tf the Rohahs. ^19 

^n&^ law was dhieSjr opposed by Lucullus ; but Csesdr m 
frightened him with threatening to bf ing him to an accoiii4 
fcr hb conduct in Asia» that he promised compfiance on his 
Ibnees, Suet. UrinL 

■■ de Protincxis ordikakpxs; m improvement 
on the Cornelian law ^bout the provinces ; CR^ining that 
Ihbse who had been pf setors should not comiAand a pro- 
vince above one year» and those who had been consuls^ wot 
above tivo years, Cic. Phil. 1. 8. 1}io. xliii. 25* Also or- 
Gaining that Achaia, Thessaly, Athens, and all Greece, 
shouM be free, and use their own laws, Cie. in Pis. 16, 

» de Sac*R0otiis, restoring the Doniitian law, and 

permitting persons to be elected priests in Aeir absence); 
Cic. ad Brut. S. 

—--- Jtyoici ARIA, orderitig the Jarffc^* to be chosen only 

frorti llie senators and equites, and not from the iribim ara* 
rw, Soet. JuK 41. Cic. Phil. i. 9. 

— -^(feRRFET0Nt)is, very severe (<wri?rrima) against ex^ 
tortion* It is said to have contained above 100 heads, Cic. 
Font. viii. f- m Pis. Id, 21, 37; Sext. 64. pro Rahir. Postk. 
*; F^tHn. 12. mt Attic, v. 10, tsf 16. Suet. Jul. 45. 
* ^i^^^jmi^hE^STtoviBVs irtER IS, limiting their duration 
to five years, (see p. 22.) Cic. Att. xv. 1 1- They were called 
Mberm^ quod^ cuni veHs^ introire^ ixirc Hceat^ ibid. 

^<fr Vl FUBLiCA EX PRiVATA, ET DE JCAjESTA-r 

T£, Cic. Phil. i. «, 9. 

■ rfg pEciririrs mtttitis, about borrowed mofipyi 
See p- sa Dia. xli. 37. xliK 51. Cas. B. C. iii. 1, 20, 42. - 

, de Mono FEctrifiiE posstdrnda^ ^t no one 

should keep by him inr specie above a certain sum, (lx j«- 
Iffrtttrt, Dio. xli. 38. Tacit. AtmoL vi. 16. . • 

About the population of Italy, That no Roman citl- 

iens should remain abroad above three years, unless in the 
army, Of on public busmess; diat at teadt a third of those 
etiiirfoyed in pasturage should be free-born citizens : Also 
about increasing the punishment of crimes, dissolving all 
rorporations or societies, except the ancient ones, granting 
Ae ft^edott of the: city to physicians, and professors of the 
Hberal arts, 8ic. Suet. 412. 

*..i**-*dtRB31l)PJ5i4)QWtM««««^t^ ^^ 



m^ ROMAN ANTIQUITIES. 

retained 'any part of the public money in their hands, JMbr^ • 
don. L4. ^3. ad kg. Jul- 

cfeLiBERis FRoscRiPTORUM, That&edttldrenof 
t)lose proscribed by Sylia should be admitted to enjoy pKi> 
ferments. Suet. Jul. 41. which Cicero, when consul, had ep^ 
posed, CHei in Pis. 2- 

— — 'SuMl?TUARiA, Suei. Jul. 42. Cie. adAU. xiii» 7/ 
Fam. vii. 26. ix. 15. It allowed 300 HS. on Ht^diespn^Mi' 
ti; 300 on the calends, nones, ides, and some otho'festii^; 
1000 at marriage. feasts (»2/pltij etrepotii»);2tnd suche^traor* 
dtnary entertainments* Gellius ascribes this law to Attgas. 
tus,ii.24. biit it seems to hav^ been enacted by hoih.Iko^iir* 
& Byanedictof Augustus CO* Tiberius, the allowaficeftc 
an entertainment was raised^ in proportion to itssolemniQr^ 
fiom 300 to 2000 HS- C?^tf. iAirf. 

2. The Leges JVLIJK made by Augustus were cfaie&y ;; 

•"—— Concerning marriage, CdemaritandisJDriSnibutj^'^ 
et Aug. 34. hence called by Horace Lex m arxta, Camu 
sead. V. 68.) Liv. Epit. 59. Suet. 89. 

— ---rf(i?ADirLTERiis,^iP<fcj&f«*d«m,i%^ 
de ambttu^ Suet. 34. against forestaHing the market,(iBe9fii» 
contra annomim/ecerit^ societatemve caietit^ quo annonaea^ 
riorjlaty Uliriam) : i 

de TuTORiBUs, That guardians should be^fvoinfen: 

cd for orphans in the provinces, as at Rome, by the AOban 
hcwy Justin. Inst.de AtiL tut. 

Lex iVlaW THEATRAiis, llutt thosc ^^fnV^ wlki 
themselves, their fatfiers, or grandfathers^, had Che foptmie^ 
snequesy should sit in tibe fourteen rows assigned bgrde 
Roscian law to that order, Suet. Aug. 40, Plin. xxxuLiZ^ 

There are ^veral other laws, called Leges Jubtt^ ^vA&sAk 
occur only in iSx'Corpus Juris. 

Julius Cssar proposed revising all llie laws, and fcducias 
Aem to a cei^n form. But this, with many other nobk de- 
signs of th^t wonderful man, was prevented \v hi8.dieath». 
Suet.JuL44. 

Lex JUNIA, by M. Junius Pennus a tribune, A. 6fi7> 
about expelling foreigners from die city. See p. 81* Agahfift 
Otortion, ordaining, diat besides die iUis ostinmtiOiV par^ 
^ ane#mate of the daniages, ttepersou con^^ 



cxkoesheuld su&r banishment, Fateric, ii. 8* Ci^. pro JBa^ 
11. 

■ ■■ Another, by M. Junius Silanus thexu>n8ul, A. 644L 
about diminishing die number of campaigns which soldiers 
shonicl aerve, kAscon. in Cic. pro ComtL 

Line JUNIA LICINIA, or Juma etLicinia, A. 691. en^. 
ibrciiig the DicUan law by severer penalties, Cic. Phil, v, 
3. f^e &exu 64, Vatin. 14. Atu iv. 16. ii. 9. . 

hex JUNIA NORBANA, A. 771, concerning the ma- 
nunis^n oC slaves. See p* 44» 

XrarLABIENA^ A. 691, abrogating the tew of SyIIa,and 
resfecxring the Domitran law in the election of priests ; which 
po^ed the wagr for Cassar's being created Pmtifex Maxu 
ntm^ Die. xxxvii. 37. By this law, two of the coUege naxiu 
ed the cstndid^tes, and the people chose whidi of them thojr 
pleased, Cte. PhiL ii. 2. 

Lcot AMPLA LABIENA, by two tribunes, A. 663, 
That at the Circensian games Pon4>ey should wear a gold^ 
en crown, and his triumphal robes ; and in the theatre, the 
praiexia and a golden crown ; which marie of distinction 
he used only once, Paterc. ii. 40* 

Ijex LiETORlA, A. 292, That the plebeian magis- 
trates should be created at the Comitia Tributa^ Liv..ii. 56» 
57- 

- .• ' t ' Another, A. 490, agamst the defrauding of minors^ 
{contra cdolescentium eirpumscrtptumetn^ Cic. Off. iii. 15« 
By this law the years of minority were limited to tweiity- 
ftvev and no dne below that age could make a. legal baigaixit 
{9St^i^dafi\ Plant. Bud. v. 3, 25. whence it is called Leo^ 
QviK A TicsKK ARiA^ Pluut. Pseud* I. 3, 68. 

JL^geslACY^lM^ by P. Licinius Varus, cky praetor. A* 
545, fixing the day for the Udi ApoUimres^ which before 
was unoeitain, JUo. xxvii. 23. 

— f~by C Licinius Crassus, a tribune,, A. 608, That 
the <^Q*oe of priests should be transferred from their college 
to the people ; but it did not pass, Cic. dc Amic. 25. 
. This Ucinius Crassus, acc^ording to Cicero> first intro^ 
dueed the custom of tumikig bis face to the Forum when 
)iespii]ie..ta.the people, and not to the senate, as forn^ly^ 



ROMAN ANTIQUPPIfiS* 

But iPHitareii says this vas first done by Caiiits Graeelms^ 
Plut in Gracchi 

' — — i by C* Lidinius Stolo, A. 377, That no ohe should 
j^ssess above 500 acres of land, Liv.vi. 35; nor keeptfiorfe 
than 100 head of great, or 500 head of small cattle, Appiim. 
^e\Bell Civ. 1. But Licmius himsdf was soon after pun* 
kiied for violating bis own law, Lio. vii« 16. 

t by Crassus the oirator, similar to the ^butian la^ 

Cic^ pro Dom. 20. 

Lex LICINIA, de sodaliHis^et de ambitu^ A. 698* against 
bribery, and assembling Societies or companies, for the pur* 
piose of canvassing for an office, CSwr, pro Plane. 15, 16. hi 
8 trial for this crime, and for it only, the accuser was alidw-i 
ed to fteme (edere) the jurymen ijudices) from dtepcofite is 
generial, {ex omni populo\ ibid. 17. 

Lex LICINIA sumptnarid^ by the consuls P. Lieimta 
Crassus/Ae Rich^ and Cn. Lentulns, A. 656, tttlich the satiie 
with the Fmnian law : That on ordinary days^ere sbouiti 
not be more served up at table than* three pounds <^ fttskt\ 
utA one pound of salt meat, iBoisatnentorum) ; but as mudi 
of the fruits of the ground as every one pleased, Maercfb* n% 
l3.Gea.ilU. 

Lex LICINIA CASSIA, A. 422, That the fcgioBftiy 
tribunes should not be chosen that year by the people, but 
by the consuls and praetors, //w. xlii. 31. 

Lex LICINIA SEXTf A, A. 377, about debt, Ttei 
what had been paid for the interest (guod us^ris perfiUfk^Ki^ 
tiim esset) Should be deducted fibm the capital, aDd ths 
remainder paid in three years b^ tf(|ual portions, Lm^ ^h 
' 35. That instead of Duurhviri for performing sacred ritesi 
Jbeeemvin should be chosen, part from the patricians, and 
part from the plebeians, Liv. vi. 41. That one Of the cofi* 
suls should be created from among theplebeians, i^. vu 
35. Seep«125» 

Lex LICINIA JUNIA, or Junta H Licinia, by the two 
aonsuls, A. 691, enforcing the lex Cictlui Didia^ Cic. in 
Vat 14. whence both laws are often joined, Cic. PhU. v< 3. 
Pro Sext. 64. Att. ii. 9. iv. 16. 

Lex LICINIA MUSIA, A. 65ff. That no oneShouM 
pass fi»r a citizen who was not 40, Cic. Off. iti* IL p^ 



liAirs ^ the RouA9%. Sl^ 

jBaib* 2 1.' 34. which was one principal cause of Ibe Itplic gr 
Marsic war, Ascon. in Cic. pro Cornel. 

Ixiges lAYlJE^ proposed by M« Livius Dru§us, a tri- 
buoe, A^ 662, about transplantiiig colonies to diffeieat 
places in Italy and Siciiy, and granun$ com to poor citizena 
at a low price ; and a^o that thcjudtccs should be c^oseii 
imUfibrentty from the stnators aiid f^qmtes^ and that the, al- 
lied states of Italy should be admitted to the freedom of tho 
city. 

Daisus was a man of great eloquence, and of the most 
upright intenticxis; but endeavourbg to reconcile, tho^ 
whose interests were diametrically opposite, he was crushed 
in the att«i|ipt ; being murdered by m unknown assassin at 
his own house, upon hb returning from the Forum, amidst, 
a number of clients and friends. No inquiry was maide a- 
bouthb'deatlk The states of It^ly ccmsidered this f vqit 
as a signal o( revolt, and endeavoured to extoat by force 
what they could not obtain voluntarily. Above 300,000 
men fell, in the contest in the space of two yeara. At last . 
tbe Romany, although upon the whole they had the advai^r 
tage, ^rape obliged to grant tlie fn^edom of the city, ^rs( to 
their allies, and afterwards to all the states of Italy, App%a$i* 
deJML Civ. i. 3Z3, EsPc. FM. Pat. \v 15 Lh^ EpU^ 71. 
Cuu JSm<. 28, 49, 62. pro JR^Hr. 7. Flam;. 14. JSiom. 19. 

This Drusus is ako said to hav^. got a law passed for. 
saisung an eighth part of brass with silver, Flin* xxxiii* 33« 

But thelaws of Drusus (hges Jjwia\ a^ Cicero.8aya, w^ro^, 
soon ahdidied by a short decree of the senate, (cm^ verwnth 
^enaius pUMto temporis sublate mnt^ Cic«de I^.ii. 6. JOecre^ 
vila9im$€nfitU4^kifippoeas.rtferente^C9mTk^^ Ausi?ici4. 
i,A7Aa vipjiRi). 

Bmsus was grandfather to X-ivia, the wif^e of Augy^jtus, 
and nothee of Tiberius. 

Xcsr LUTATIA, <k vi, by Q. Lutatius Catulus, A.&75. 
That a pe^gson mig^ be tried for violence on any day, Cic- 
pro CUtk 1. 29. festivals not excepted, on which no trials 
used to be held, C«r..4c«.i»^4err. IQ. 

Lex M£NIA, by a tribune, A, 467, That the senate 
shpi^rati^ whatever the people enacted <^* ip ^^* 14.; 
fieep.33.; . . . . • . 



$M ROMAN ANTlQUiTlES; 

/>gaMAJ£&TATIS, for punishing anyciime «fti(»t: tlie 
people, and afterwards ugaiast the onperor, Comeka^^c^ 
Cic. in Pis. 2L Tacit Ann, iv. 34. 

Xf^^ M AMILIA, de timitUmsj vel de regwu&sfimbus 
cgrorum^for regulating the bounds of farms ; whence the au- 
. ^or of it) C« Mamilius^ a tribune, A. 642, got the simame of 
.LiSCXTANUs. It ordained. That there should be an uncul- 
tivated space of 'five feet broad left between farms ; aod if 
any dilute happened about this matter, that arbiters should 
be appointed by the praet(»r to deterixune it. The kw of the 
Twelve Tables required three, Cic. de legg* L 21. 

■'■ Another, by the same person, ibr punislupg those 
who had received bribes fjnom Jugurdia, iS^. Ji$g. 4€L 

X^M ANILIA, for confeitmg on Pompey the comiiiaiid 
of the war against Mithridates, proposed by the tribone C. 
JVfanilius, A. 687, and supported by Cicero vriien praetor^ de 
leg* Manil. and by Caesar, from difierent views : butndther 
of them was actuated by laudable motives, Dio. xxxvh 26. 
■ Another by the same. That freedmen might vole in 
dl the tribes, Cic. proMur. 23- whereas formerly they vdted 
In scftne one of the four ciQr tribes only- (See p. 104.) But 
this law did not pass, Ascon. in Cie, pro ComeL 

Leges MANILIAN:^ venalium vendendorumr not pro* 
perly kws, but regulations to be deserved in buying and 
seltingi to prevent fraud, Cic. de Orat. u 5. 58^ called .by 
Varro, ACTIONES, de re rtut. ii. 5. 1 L They were com* 
loosed by the lawyer Maniiius, who was consul, A. 603, 

The formalities of buying and selling >vere by the Romans 
used in their mo^ solemn transactions ; as in enumcipaiwn 
9nd adaptiany murriage^ and te^tamentSf in transferring pr^ 
pertt/y &c, ' 

ZjCX MANLI A» by a tribune, A^ 558, about cmitHig the 
Triwfwiri Mpulanes, jLiv. xxxiu. 42. Cic. de Orat iii* 19« 

de VicEsiMA, by a consult A. 396,X«p* vii. 16. 

See p. 70. 

Lex MARCIA, by Marcius Censorinus, That no one 
^should be made a censor a second time, Plutarch, ia Corials 

■ de Statiellatibus vel Stattellis^ that the senote upon 
oath should appoint a person to inquire into^ and redrejifrthe 
usuries of die StatieUi or .atee^ a aatioa of Ligum^ Liv^ 
3diL2L 



Laws of the Rovans. SSS 

JLiX MARIA, by C Martua, when tribune, A. 634. 
about making the eutrances to the Ovxiia {pmtes) narrower, 
Cic. de legg, iii. !?• 

Ijca: MARIA PORCIA, by two tribunes, A. 691, That 
those cotnmanders should be punished, who, in oider to ob<- 
tain a triumph, wrote to the senate a false account of the 
number of the enemy slain in battle, or of the citizens that 
were missing ; and that when they returned to thecity, they 
should swear before the city quasstors to the truth of the ac- 
count Mfhich they had sent, f^aler.Max. ii. 8. 1. 

Lex MEMMIA, vel REMMI A ; by whom it was pro- 
posed, or in whdt year, is uncertain. It ordained, that an ac^ 
cu8«|lfen should not be admitted against those who were ab- 
sent <m account of the public^ fooler. Maau iii. 7« 9. SueU 
Juiy^S. And if any one was convicted of £dse accusation 
(palumaidt)^ that he should be branded on the forehead with 
a letter, Cie. pro Rose. Amm. 19, 20. probably with the let# 
tsx K, as anciently the name of this crime was written Ka- 

hIiUMKIA. 

ZearMENENIA, A. 302, That in impoaing fines, a 
sheep should be estimated at ten assesy and an ox at one 
hundred, Festttsin Peculatus. 

i>ar MENSIA, That a child should be held as aforeign^ 
er, if eidier of the parents was so. But if both parents were 
Romans, and married, children alwas;^ obtained the rank of 
the fatiier, ipatrem sequuntur liberty Liv. iv, 4.) and if un- 
married, of the mother, Uipian. 

Lex METILIA, by a tribune, A. 516, That Minucius, 
master <^ horse, should have equal command with Fabius 
the dictator, Liv. xxii. 25, S6. 

Another, as it is thought by a tribune, A. 535, giv- 
ing directions to fullers of cloth ; proposed to the people at 
the desire of the cens<x*d, {qunm C Flaminim L Emikus 
censores dedere adpopuium/erendamy) Plinrxxxv. 17* s. 57* 

4. Another, by Metellus Ncpos, a prator, A. 694. 

about fiieeing Rome and Italy from taxes, {rikn^ vecHfaiiaJ 
Dio. xxxvii- 51. probably those paid for goods imported^ . 
(poriorium), Cic. Attr ii. 16. 

Leges MILITARES, regulations for the army. By one 
of tlxse it was provided, That if a soldier wsrs by change en- 

H h 



2i6 ROMAN ANTIQUITIES. 

fisted into a legion, commanded by a tribwie whom he eoi^ 
prove to be inimical to him, he might go from that legioa to 
another, Civ. pro Flacco^ 32. ^ 

Lex MINUCI A, de triumvirts mensariis^ by atr9>ttiie^ A* 
537, about appointing bankers toreceivc the public mooey, 
'Liv. xxxiii. 21. 

Leges NUMiE, laws of king Numa, mentioned by diffi?- 
ent authors : That the gods should be worshipped with com 
and a salted cake, (Jtuge et salsa mola)^ Plin. !«• 2. That 
whoever knowingly killed a free man, should be hdd as a 
parricide, Festusin Qt/ESTOREs Parricidii : That no 
.harlot should touch the altar of Juno ; and if she did| that she 
should sacrifice an ewe lamb to that goddess with diahetdled 
hair, /tf. in PEi-iicEs, Oelh iv- 3. That whoever removed 
a bnd-mark should be put to death, (^&r terminvm^xaras- 
^eU ct ipsum etbaves sacres esse^yFest in TERiciiia : .That 
win^ should notbe poured on a funeral pile,i%ii. xiv* 12. &c. 

Lex OGTAVIA/rumeniaria^ by a tribune, A. 633, ab. 
rogating the Sempranian law, Cic. in Brut. 62. and ordaiRi. 
ihg, as it is thought, that com should not be give^i at so low 
a price to the pec^le. It is greatly commended by Cioera, 
Off^ ii- 21. 

Lex OGULNIA, by two tribunes, A. 463, Th^ the 
number of die pontifices should be increased to eight, Md of 
the augurs to nine ; and thatfour of the former, and five of 
the latter, should be chosen fixmi among the plebeians, Xi9. 
X. 6. 9. 

Lex OPPIA, by a tribune. A- 540, That no woitian ^uld 
have in. her dress above half an ounce of gold, nor tvear a 
gannent of difercnt colours, nor ride in a carnage in the city 
or in any town, or within a mile of it, unless upon Oee^ion 
of a public sacrifice, Liv. xxxiv. !• Tacit. Ann. iii* S3* 

i^ae OPTIMA, a law was so called which confened the 
most complete authority, Fesius in voce, as that was called 
opft"m«/w/w^, which bestowed complete property- 

Lex ORCHIA, by a tribune, A. 566, limiting the num- 
ber of guests at an entertainment, Fest- in Opsonitavere, 
Macrob. Sat- ii. 13. 

• Lex OVINIA; that the censors should clioose the most 
worthy of all ranks into the senate, Festas in PaiBTSftiTi 



Laws, (^t^ Romah^* 327 

SsNATOHtfs* Those who had borne irfkes were eomiQOiil^ 
first chooen; and that aU these Hiightbe admitt6d» some- 
times more than the fimited mimber were elected, Dio. 
3CxxviL 46* 

LexFAFlA, by a tribune, A. 688, That foreigners should 
be expelled from Rome, and the allies of the Latin name 
fim»l to return to their cities, Cw. Of. iii. 11. proBdb.23. 
Jirck. 5. Atu iv. 16. Dio. xxxvii. 9* 

Lex PAPIA POPPiEA. about die manner of choosing, 
icafnaiday^ Vestal virgins, GeU. i. 12. The author of it^ and 
the time when it passed, are uncertain. 

Ikir PAPIA POPP^A, de maritandis tnUnibus, prOf 
poaeri bf the consv)^ Papius and Poppasus at the desire pf 
Attguatus, A. 762, enforcing and enlarging the Jukanbiyi^ 
Tpmi* Amtf uL 25, 28. The end of it was to promote popu- 
kidon, and repair the desolation occasioned by the civil wars- 
It met with great (^position from the nobility, and consist- 
ed of several distinct particulars, (Lex Satub a). ^ It pro- 
pond certain rewards to marriage, and penalties against pe- 
libacy, whi<^ had always beeii much discouraged in the 
Boman stafe, FaL Max. ii. 9. Liv^ xlv. 15. Epii. 59. SueU 
Aug* 34, & 89. Dio. IvL 3, 4. GelL u 6. v. 19. and yet great- 
ly imvailed, t&tdL&f Plin. xiv. pram: Smec* camoi* ad Marc. 
19. fiir reasons enumerated, <P/itf/f. MU. iiL 1, 85, 111, &c. 
Whoever in the city had three children, in the other parts of 
Italy four^nd intheprovincesfive^ was entitled to cer^in pri- 
vikges and immunities. Hence the famous JUS TRIUM 
IJBERORUM, so often mentioned by Pliny, Martial, &e. 
which used to be granted also to those who had no children, 
first by the senate, and aftorwards by the empenx*, Piin. JEp. 
n. 13«^. 2. 96. Martial, ii. 91, 92. not only to men, but 
likewise to women, Dio. Iv. 2- Suet. Claud, 19. PJin. EpUL 
ii. 13. vii. 16. x* % 9S, 96. The privileges of having three 
children woe, an exemption from the trouble of guardianship, 
a priority in bearing offices^ Plin. Ep. viii. 16. and a treble 
proportion of c»n. Those who lived in celibacy could not 
succeed to an inheritance, except of their nearest relations, 
unless they married within 100 days after the death of the 
teslator \ nor receive an entire legacy, Uegatum omne^ vel m- 
lidim cifperey And what they were thus deprived.of in ccr- 



33« ROMAN ANTIQUrriES, 

tain cases fell as an escheat icaducum) to the exchequer (/ 4. 
co) or prince's private purse, Juvenai. ix. 88, &c* 

Lex PAPIRIA, by a tribune) A. 563, <timinbhing the 
iveight of the 11$ one half, Plin. xxxiii. 3. 

by a praetor, A« 421, granting the freedom of the 

city, without the right of Voting, to the people of Acerra, 
2.m. riii. i7« 

by a tribune, tlie year uncertain, That no edifice, 

land, or altar, should be consecrated without tlic order of 
the people, Cic. pro Dom. 49. 

A- 325, about estimating fines, Liv. iv. 30, proba* 

bly the same with Lex Menenia. 

■ ' ' That no one should molest another without cause, 
FestAn Sacramentum. 

by a tribnne, A. 621, That tablets should be used 

in passing laws, Cic. de legg. iii. 16, 

by a tribune, A. 623, That the people might re- 

elect the same person tribune as often as they chose ; but it 
was rejected, Cic. de Amie. 25. Lw. Epit. 59. 

Instead o{ Papirius. they anciently wrote Papuius, Cic. 
Fam. ix. 21. So Falcsius for FaleriuSy Ausetius iix AiireHus^ 
&c. Farro de Lap ling. i. 6. Festus. QuinetiL i. 4. Ap. 
Claudius is said to have invented the letter R, probably from 
Iris first using it in these words, D. i. 2, 2, 36. 

Lex PEDIA, by Pedius the consul, A. 710, decreeing 
banishment against the murderers of Cassar, Feli. Pat. iu 
69. 

Lex PEDUC^A, by a tribune, A. 640, against incest» 
Cic, de nat. Dear. iii. 30. 

Leic PERSOLONIA, or Pisulania, That if a quadruped 
did any hurt, the owner should either repair the damage, or 
give up the beast, PauU. Sent. i. 

Lex PiETELIA, de ambttu, by a tribune, A. 397, That 
candidates should not go round to fairs and other public 
meetings, for the sake of canvassing, Lw. vW, 15. 

de Nexis, by the consuls, A. 429, That no one 

should be kept in fetters or in bonds, but for a crime that 
deserved it, and that only till he suflfered thepunishment due 
by law : That creditors should have a right to attach the 
goods, and not the persons, of their debtors, Liv. viii. 26. 



Laws of the RoMAir$« 2SiS 

^ &^PfiC4f LATUi by a tribune, A. 566, Tlbat inquity 

should be made, about the money taken or exacted from 
King Anliochus and his subjects, and how much of it bad 
not been brought into the public treasury, Liv^ xxxVuu 

XosPETREIA, by a tribune, A. 668, Thatmutinoua 
soldiers should be decimated, i. c. That every tenth nun 
should be selected by lot for punishment, Appvun. de a :!. 
Cfi;. ii« p. 457. 

Lex PETRONIA, by a consul. A- 813, pvoiilbuHig 
masters from compelling dieir sluvcsto fight \uih wild 
beasts, Modestin. ad leg, CarntL desicar. 

Ltx PIN ARIA ANNALIS, by a tribune, A. 622. 
What it was is uncertain, CV. de Orat. ii. 65. 

Ltfx PL AUTIA vel PLOTIA, by a tribune, A. 664, 
That th^judices should be chosen bod> from tl]e senators 
and equUes ; and some also from the plebeians. By this law 
each tribe chose annually fifteen iqumos dcnos mjjrui^io cre^ 
abant)^ to bejudices for that year, in all 525. Some read 
quinas <reabant ; thus . making them the same Avith the 
CzKTVUviniyjIscon.in Cic.pro Cornel. ., , 

— PLOTJA de vi^ against violence, Cic. pro MiL 13. 
JFam* viii. 8« • 

XfxPOMPEIAi/ew, by Pompcy, when sole cons.ul, 
A. 701, That an inquiry shquld be made about the murder 
of Clodius on the Appian way, the burning of the senate-. 
house, and the attack made on the house of M, Lcpidus the 
interrex, Ck. pro Mil. et Ascotu 

' ■ ■■ de Ambitu, against bribery and corniption in elec- 
tions, with the infliction of new and severer, punishments, 
ilnd. Dio. xxxix- 37. xL 52. 

By these laws the method of trial, was altered, and die . 
length of tliem limited: Three days were allowed fur the 
i'xammation of witnesses, and the fourth for the sentence. ; 
on which the accuser was to have two hours only to enftuce . 
the charge ; tlie criminal three for his defence, idid^ This 
regulation was considered as a restraiiVt on eloquence, Dia- 
log., degrator. 38. 

Lex POMPEI A judioiaria, hy the same person ; retain- 
ing the Aurelian law, but ordaininc? That iho judices should 



SdO ROMAN ANTIQUITIES. 

be chosen from' among those of the highest fortune; (ex anu 
pUsttmo ceruu\ in the difeient orders, Cic. in Pis. 39. Phil. 
u 8. Ascon. in Cic* — Quum injuc&ce et/ortunaspectaride* 
beret^ et Agniku^ Cic. Phil* i. 20. 

de CoMiTiis, Thatno one should be allowed to 

stand candidate fix- an office m his absence. In tiiis law Ju- 
lius Caesar was expressly excepted, Suet. Jul. 28. Dio. xL 
' 56. Appian. deBelL Civ. ii. p. 442. Cic. An. viii. 3. PhU. 
n. 10. 

— derepetundis^ Ai^an. B. Civ. ii. 441.-— De pmrici- 
dis^ 1. i. Dig. 

The regulations which Pompey prescribed to die Bidiy. 
nans, were also catted Z>x POMPEIA, PUn. EptsU x^ 
as. lis, 115. 

Lex POMP£IAd!^dvftofe,by Cn. Pompeius Strabo, die 
consul, A. 665, granting the freedom of the city to the Ita- 
lums, and the Oolli Cispadaniy PUn. iii. 20. 

Lex POPILIAi about choosing the vestal virgins, GelL 
i. 12. 

Lex PORCIA, by P. Porcius I^ca, a tribune, A. 464, 
^hat ho one. should bind, scourge, or kill a Roman citizen, 
Liv.x. 9. Cic. pro Rabit.perd. 3, 4. Verr.s. 63. SaUusi. 
Cat. 51. 

Lex PUBLICIA, vel Publicia de lusuj against playing 
,for money at any game but what required strength, as, shoot- 
ings runnings leaping^ &c* LS.D.de aleat. 

Lex PUBLILI A. See p 22, 105. 

Lex PUPIA, by a tribune, That the senate should liot be 
held on comitiai days, Cic ad/ratr. it. 2< 13. and that in the 
month of February, dieir first attention should be paid ta die 
hearing of embassies, Cir- Fam.i.4. 

Lex QUINCTIA, A. 745, about the punirfiment <rf 
those who hurt or spoiled die aqueducts or public reserVoirs 
of water, Frontin. de nqutcduct. 

Lex REGIA, conferring supreme power on Augustus. 
See p. 27. 

lieges REGI/E, laws m«^e by the kings, Cic. Tusc. 
quaat. iii* 1. which are said to hafve been coUected by Bqpit 
rius, or as it was anciently vfritten^ Papisins, Gic. JPiim.ix. 
21. soon after tte expulsion ttf Taiquin, 'Dionys. ifi« S6. 



Laws q/* the Bok aks/ 261 

Whence tfaey wore called jta ewUe PAPIRIANUM ; and 
some of them, no doubt, were copiedmto the Twdive Tafaks« 

LexEHODlAi containing dieregulationaoftfae Rlio« 
dians concerning naval affairs, (which Cicero greatly com. 
mends, pro leg'MtmiL 18. and Strabo, /i6. 14«) supposed to 
hove been adopted b5 the Romans. Butthisiscdrtamoidy 
with req[>ect to one clause, deJMtu^ about throwing goods 
overboard in,a storm. 

Leges de REPETUNDIS; JcUia, Calpumia, GecWa, 
Cornelia^ JuliOy Junia, Pompeia^ Setviba. 

Lex ROSCl A tkeatralist determining the fortune of the 
equitest and appointing them certain seats in the theatre, (see 
p. S^.). Cic* pro Munm. 19. Juvenal xiv* 323. Lio. EpiU 
^. Mart. V. 8. Dio* xxx vi. 25. By this law a certain place 
in the theatre was assigned to spendthrifts, Cdecoctoribus\ 
Cic Phil. ii. 18. The passing of this law occasioned great 
tumults, which were allayed by the eloquence of Cicero the 
cimaul, Cic. Ait. ii. 1. PluU in Cic* to which Virgil is sup* 
posed to allude, jEn. i. 125. 

Lex RUPILIA, or more properly decretum, contaming 
the regulations prescribed to the Sicilians by the Praetor 
Rupilius, with the advice often ambassad<Mrs, Cic. Verr^ & 
13^ 15. according to the decree of the senate, Id. 16. 

Leges SACRATiE : Various laws were called by that 
name, chiefiy those concerning the tribunes, made on iIk 
Mons Sacer^ Cic. pro ComeL because the person who vio* 
lated Aem was consecrated to some god, Festm. Cic. de Of^ 
fie. m. SI. pro Balb. 14, IS- Legg. ii. 7. Liu. 3. 8, 33, 54, 
ill, 55* xxxix. S. There was also a Lex sacrata hili- 
TAXIS, That the name of no soldier should be erased from 
die master-roll without his own consent i^iv.vn. 41. So 
' among the wSqui and Volsci, Liu. iv. S6. the Tuscans, 
ix* 39. the Ug^res^ Liv. xxxvi. 3. and particularly the 
Samnites^ ix. 40. among whom those were called Sacrati 
mitites^ who were enlisted by a certain oath, and with par- 
ticular solemnities, x. 48. 

• t$x SATURA, was a law consistmg of several distinct 
particulars of a different nature, which ought to have been 
enacted separately, Festus- 

Xcx SC ATINIA, vel Scantinia de wfanda ventre^ by a 



232 ROMAN ANTIQUITIES. 

tribune, the year uncertain, against iHicit amaars, Ctc* Fam. 
viii. 11- PhiL iii. 6. JuvqhoI. ii. 43. The punishment at 
first was a heavy fine, QuinctU. iv. 2. vii. 4. Suet. Domit* 
8. but it wfis aftenvarcib made capital. 

Ltx SCRiBONiA, by a tribune, A. U. 601, aboHt re- 
storing the Lusiiani to freedom, Liv, EpiU 49. Cic* in Brut. 
23. 

— — Another, de servitutum u$ucapionihui^ by a consul 
under Augustus, A. 719, That the right of servitudes should 
not be acquired by prescription, /. 4. jD. de Usueap* which 
seems to have been the case in the time of Cicero, pro Cr« 
cin. 26. 

Lej^es SEMPRONIiE, laws proposed by tlie Gracchi, 
Cic. PhU. i. 7. 

1. TIB. GR.\CCHI Agraria, by Tib. Gracchus; A. 
620, That no one should possess more than 500 acres of 

^ land ; and that three commissioners should be appointed to 
divide among the poorer people what any one had above that 
extent, in;. Epit. 58. Plut. in Gracch. p- 837. Appian. de 
BelL Civ. i. 355. 

— 1- cfc CiviTATE Italis dakda, That the freedom 
of the state should be given to all the Italians, Patera* i'u 
2,3. 

-— — cfeHifiREDiTATE ATTALi,Thatdiemoney, which 
Attalus had left to the Roman pepple, should be divided a- 
mong those citizens who got lands, to purchase the instru^ 
ments of husbandry, Xw. Epit. 58. Plui. in Gracch. • 

These laws excited great commotions, and brought de- 
struction on the author of them. Of course they werejuot 
put in execution, loiff. • 

2. C. GRACCm Frumjsntaria, A. 628. That corn 
should be given to the poor people at a triens and a semis^ or 
at H of an ass per bushel ; and that money should be ad- 
vanced frcwn the public treasury to purchase corn for that 
purpose. The granaries in which tliis corn was kept, were 
called HoRREA Sempronia, Cic. pro Sext. 48. Tuseut. 
Quast. iii. 20. Brut. 62. Off. iL 21- Liv. Epit. 58. 60. 

Note, A triens and semis are put for a dextans^ beoause 
the Romans had not a coin of the value of a dextans. 
-~^ de Provinciis, That tbe provinces should beap^ 



. Laws oftht Romans. 23S 

pointed for die consuh*every year before their election, Cic^ 
de Frcfo. Cons. 2. pro Balb. 27. Dom. 9. Fam. L 7. 

rfe Capite civium. That sentence should not be 

passed on the lill* dl a Roman citizt n without the order of the 
people^ Cic. pro Rabir. 4. Ftrr, v. 63. in (Jat. iv. 5. 

— ? — de Magistratibus, That whoever wasdeprived 
of his office by Uie people, shouki ever after be incapable of 
enjoying any other, Plutarch, in Gracch. 

JuDiciARiA> That the ^W«£r6'j should be chosen 

from among die equitesj and not from the senators as for- 
merly, Appian. de Bell. Civ. \. 363. Dio. xxxiv, 88. Cic. 
Verr. \. 13. 

" ■■ ! Against ccMTuption in tiiejudicesy (Nec^uis judi- 
cio ciRcuMVENiRETUR), Ctc. pro Clumt. 55. Syllaafter^ 
wards included this in his law defalso. 

— ifeCENTURiis EvocANDis, Thatitshouldbede- 
ternuned by lot in what onler the centuries should vote, iSa/- . 
lust, ad Cas. de Rep. Ord. See p. 97. 

de MiHTiBUs, That clothes should be afforded to 

soldiers by the public, and that no deduction should be made 
on that account from their pay ; also. That no one should be 
forced to eolist below the age of seventeen, Plutarch, in 
Gracch. 

deViiB MiTNiENDis, about paving and measur- 
ing die public roads, makii^g bridges, placing milestones, 
and, at smaller distances, stones to help travellers to. mount 
tlieir horses, ibtd. for it appears the ancient Romans did not 
use stirrups ; and there were wooden horses placed in the 
Campus Mar tiuSy where the youth might be trained to mount 
and dismount readily, ^e^e'f. i. 18. Thus Virgil, Corpora^ 
saltu ^subjiciunt in eguosy JEn. xii.2Q8. 

CaiusrGracchus first introduced the custom of walking or 
moving about, while haranguing the people, and of expos- 
ing the rig^t arm bare, Dio. Fragm. xxxiv-^ 90. which the 
ancient Romans, as the Greeks, used to keep within their 
robe, (vesie continere)j Quinctil. xi. 3. 138. 

iicxtiEMPRONIA de/oenore, by a tt*ibune, long before 
the time of the Gracchi, A. 560, That the interest of money 
should be laegulated by the same laws among the allies and 
Latins, as -among Roman citizens. The cause of thin law 

li 



834 ROMAN ANTIQUITIES. 

was, to check Ae fraud of usurers, who lent their money in 
tlie name of the allien, (.tn $ocios nemina transcribebantX at 
l)igher interest than was allowed at Rome, Liv. xxxr, 7« 

Ijex SERVILIA AcRARiA, by P. Servilkis RoUos, a 
tribune, A. 690, That ten commissioners should be crea- 
ted with absolute power for five years, over all the ne;vmues 
of the republic ; to buy and sell what lands they thought 
lit, at what price and from whom they chose^ to distnbute 
them at pleasure to the citizens, to setde new colonies where- 
ever they judged proper, and particularly in Campania, &c. 
But this law was prevented from being passed by the do- 
ijuence of Cicero the consul, Ctc. tn Rull*'*^^ Ph* 2% 

— ;— ^^CiviTATE, by C- Servilius Glaucia, a pnetor, 
A. 653, That if any of the Latin allies accused a Roman 
senator^ and got him condemned, he should obtain the same 
place among the citizens which the criminal had held, €&• 

cfeRfeiȣTUNDts, by the same person, oidaimng se- 
verer penalties than formerly against extortion, and that the 
defendant should have a second hearing, (ut reus camperen- 
dinaretur) ^KTic* Var-i. 9*Rabir. Posthum-4« 

— ^ — SERVILIA Jtrnici ARIA, by Q'ServiliusCoBpio, 
A. 647, That the right of judging, which had been exercis* 
ed by the equitcs alone for seventeen ye^rs, accordiligto die 
Sempronian law, should be shared betweea the senators 
and equitesy Cic- Brut- 43. 44» 86. de Orat- ii. 55. Tacit 
Annal. xii* 60. 

Lex SICINIA, by a tribune, A. 262, That no onedumld 
oontradict or interrupt a tribune while speaking to the peo- 
ple, Dianys. vii. 17. 

Lex SILIA, by a tribune^ about weights and meesdres, 
PestiiSyin PuBltcA foKdrra. 

Lex SILVANI et CARBONIS, by two tribunes, A. 
fi64, That whoever u^s admitted as a citizen by any of the 
confederate states, if he had a house in Italy when the law 
was passed, and gave in his name to the prjeitor, {npudfira^ 
torem pro filer etur)^ within sixty days, he shcmld enjoy all 
the rights of a Roman cidzen, Cic. pro Arch. 4. 

Lex SULPICIA SEMPRONIA, by the consuls, A. 
449, That no on« should dfidiqate a temple.or altar wi^ut 



Laws f^fA^RoxAirs. S^SS 

die ofdor of die senate, or a majority of the tribunes, Lxop 
ix. 46. 

Lex SULPICIA, by a consul, A. 553, ordering war to 
be prodainnedoa Philip king of Macedon, Lio. xxs^i. 6* 

Leges SULPICIJ^ de itre alienOf by the tribune Serv, 
Sbilpicioa, A> 665, That no senator should contract debt 
above 2000 denarii : That the exiles who had not been al- 
lowed atrial, ahould be recalled: That the Italian allies^ 
who had obtained the right of citizens, and had been formed 
into eis^ new tribes, should be distributed through the 
thirty-five old tribes : Also, that the manumitted slaves 
(cw« liberttni) who used formerly to vote only in the four 
city tribes, might vote in all the tribes : That the command 
ef the war against Mithridates should be taken from Sylla, 
and given to Marius, Plutarch* in Syllaet Mario ; Liv. E-f 
pi$* 77. Ascon. in Cic. Pat ere- ii- 18. 

But these laws were soon abrogated by Sylla, who, re- 
tuming to Rome with his army from Campania, forced Ma- 
riuar and Sulpicius, with their adherents, to Ay from the city. 
Sulpicius, being betrayed by a slave, was brought back mA 
slain. Sylla rewarded the slave with his liberty, accordii^ 
to promise ; but immediately after, ordered^him to be 
thrown from the Tarpeian rock for betraying his masteft 
tbid. 

Leges SUMPTUARIiE ; Orchia, Famia, Didia, Liei^ 
nia, Cornelia^ jEmiliay Antia^ Julia* 

Leges TABELL ARIiE, four in number. See p. 09. 

Lex T AL ARI A,against playingat dice at entertainments, 
iut ne tegifraudemfadam talaris, that I- may not break, 
fee.) Plaut. Mil. Gior. ii. 2. 9. 

Lex TERENTIA ct CASSIA frumentarta. See Lex 
Cassia. 

Lex TERENTILIA, by a tribune, A. 291^ about limit, 
ing die powers of the consuls. It did not pass ; but after 
great contentions gave cause to tlie creation of the decemtnri, 
Liv. iiL 9, 10, &c. 

Leges TESTAMENT ARIiE, Cornelia, Furia, Voco^ 
ma. 

Lex THORIA de vectigalibus, by a tribune, A. 646, 
That no one shouldpay any rent (p the people for the pub^ 



2Sd ROMAN ANTIQXJITIlES- 

Kc lands in Italy which he possessed, (agrum publicum vec^ 
tigah tevavit\ Cic. Brut. 36. It also contained certain 
regulations about pasturage, de Orat. ii- 70- But Appi« 
an gives a difftrrent account of this law, deBell. Cw- L p. 
566. 

Lex TITIA dequastorthus^ by a tribune, as some think, 
A. 448, about doubling the number of quaestors, and that 
they should determine their provinces by lot, Cic. pro.Mu^ 
ten* 8. 

■ de MuNERiBus, acrainst receiving money 'or pre- 
sents for pleading. Auson Epigr. 89. Tacit. Arinal* xL 13. 
where some read instead of Cinciam, Titiam. 
^ ' Agr ARi A, what it was is not known, Cic, de OmL 
n.\l.d€ Legg, ii. 6. 12, 

de Lusu, similar to the Puhlician law. 

flfeTxTTORiBus, A. 722, the same with the /i^nsi 

law, and as some think, one and the same law, Justin^ In- 
9tit.de Atil. Tut. 

Lex TREBONT A, by a tribune, A. 698, assigning pro- 
vinces to the consuls for five j^ears: Spain lo Pompey ; Sy- 
ria and the Parthi^m war to Cra&sus; and prolonging CaBiiar's 
command in G^ul for an equal time, Dio. xxxix. 33- Cato, 
for opposing this law, was led to prison, Ijv. Epit. 104 
According to Dib, he was only dragged from the assembly, 
• xxxix. 34- 

de TniBUNXS, A. 305. Liv. iii, 64, 65. See p 144. 

Lex TRfBUNITIA, either a law proposed by a tribune, 
Cic. in RuU li. B. Liv iii. 56. or the law restorbg Aeir 
power, Cic. Actio prim, in Vert 16* 

Lex TRIUMPHALIS, That no one should triumph 
who had not killed 5000 of the enemy in one battle, Vider. 
Max- ii. 8- 

iexTULLIA cfc Ambitu, by Cicero, when consul, 
A. 690, adding to Ae former punishments against bribery 
banishment for ten years, Dio. xxxvii- 29. — and. That no 
one should exhibit shows of gladiators for two years before 
he stood candidate for an office, unless that task wasimpos* 
cd on him by the testament of a friend, Cic* Vat. 15« Sext* 
64.il/«r.32. 34,&c; 

cfe Leg ATioNE LIBERA, limiting the continiiahce 

of it to a year, Ck^d» Legs, iii* 8» 



• Laws o/'Me RouAKs* 237 

2>a? VALERIA de provocatiane. See p. 1171 

■ de FoRMiANis, A. 562, about giving the people of 
Tannm the right of voting, Liv. xxxviii. 36- 

— rfi? Sulla, by L- Valerius Placcus,interrex, A.671, 
creating Sulla dictator, and ratifying all his acts, which Ci- 
cero calls the most unjust of all laws, Cic. proRuU. iii. 2. S. 
Rose. 43. de Legg. i. 15. 

de Quadrant^:, by L. Valerius Flaccus, consul^ 

A. 667, That deb«^ors should be discharged on paying one 
fourth of their debts, Pitere. ii. 23. See p. 50. 

2x';r VALERIA liOT{ATl\de tributis comiiiig. See 
p. 22. De tribums^ againsl hurting a tribune, Liv. iii. 55'' 

Lex V ARI A, by a tribune, A- 662, That inquiry should 
be made about those by whose means or advice the Italian 
allies had taken up arms against the Roman people, Cic. 
Brut. 56. 89. Tusc. Quarst ii. 24. Faler.Max. v- 2. 

Lex VATINIA,(/ff PRoviNCiis. Seep. 122» 

■ de altemis consiliis rtjiciendisy That in a trial for ex- 

tortion, both the defendant and accuser might for once re- 
ject all the jtuKces or jury ; whereas formerlj'. they could re- 
ject only a few, whose places tht* praetor supplied by a new 
choice, imbsortittone^) Cic. in Vat. IL 

■ de CoLONis, That Caesar should plant a colony at 
Ncfvoeomumm Qisalpine Gaul, Suet» Jul. 28« 

Leges UK VI, Plotia^ Lutatia, rtJuHa. 

Lex VIARIA, cfe viis muniejtdis, by C. Curio, a tri- 
bune, A* 703, somewhat similar to the Agrarian law of RuK 
lus, Cic* Fom* viii. 6. By this law there seems to have bee» 
a tax imposed on .carriages and horses, ad Attic, vi. 1. 

Lex VILLIA ANNALIS See p. 105. 

hex VOCONIA, de Hereditatibtts muliertiTn, by a 
tribune, A. 384, That no one should make a woman hig 
heir, (KE<yris heredem virginkm keque mulierejc 
pacbret), Cic. Verr- i. 42. nor leave to any one by way of 
legacy more than to his heir or heirs, c. 43. de Senect. 5. 
Balh. 8- But this law is supposed to have referred chiefly to 
tiiose who were rich, {qui essent censi, i. e. pecuniosi vel 
elassici, those of the first class, Ascon. in Cic. Oell. yih 13.) 
to prevent the extinction of opulent families. 

Various arts were used to elude this law- Sometimes oue 



238 ROMAN ANTIQUITIES- 

kft his fortune in trust to a friend, who should give it to a 
daughter or other female relation ; but his friend could not 
be forced to do so, unless he inclined, Cic. de Fin. ii» 17. 
The law itself,' however, like many others^ on account of its 
severity, fell into disuse, Gell. xx, 1. 

These are almost all the Roman laws mentioned m the 
classics- Augustus, having become sole master of the em- 
pire, Tacit. Arm. v 2. continued at first to enact lavir& in 
the ancient form, which were so many vestiges ctf expiring 
liberty, {vestigia morientis libertatis\ as Tacitus calls- them i 
but he afterwards, by the advice of Mecaenas, Dio. Ui- gra- 
dually introduced the custom of giving the foroe c^laws to 
the decrees of the senate, and even to his own edicts, TadL 
Annai, \i\. 28« His successors improved upon this exann^ 
The ancient manner oi passing la^s came to be entirely 
dropped. The decrees of the sei^ate indeed, for form*« sake, 
continued for a considerable time to be published ; but at 
last thisse also were laid aside, and Qvery thing was dcme ac* 
cording to the will of the prince* 

The emperors ordained la ws,— 1, By their miswers to the 
applications made to diem ^at home or from the provinces, 
iper RESCRIPTA tfrf LIBELLOS supp&ces, epistolaSf 
vel preces.) 

'■' 2. By their decrees in judgment, or sentences in 
court, (.per DECRETA), which were either Inteklocu- 
TORY, r. ^. such as related to any incidental point of law 
which might occur in the process ; or Definitive, i e, 
such as determined upon the merits of the cause itself, and 
the whole question. 

3. By their occasional ordinances, Cp^ EDICTA 

i>(?/CONSTITUTIONES,) and by their mstructions(p^ 
MANDATA), to their lieutenants and officers. 

These cOTtstitutions w*ere eithier generaly respecting the 
public at large ; or special^ relating to one person only, and 
therefore properly called PRl VILEGIA, privileges, Piin. 
£p. X. 56, S7* but in a sense different from what it was 
used in under the republic- See p. 27. 

The three great sources, thq^re, of Roman juri^ru- 
dence were the laws, (LEGES), properlv so called ; the de- 
crees of the senate, (SEN ATUS CONSULT A) ; and the 



U . ^ _; 

^cts of tbe prince, (CONSTITUTIONES Fk \ 

PAUES). To these may be added the edicts of the k ' , ' 
Irates, chiefly the pr^tors, caUed JUS HONORARIt { 
(seep. ISO.) the opinions of learned lawyers, (AUCTORl- — 
TAS vel RESPONSA PRUDENTUM, velJvriscmsuU 
iormm^ Cic. pro Muren« IS. Caecin. 240 and custom oc 
loog usage, (CONSUETUDO rrf MOS MAJORUM), 
GelLxl 18. 

The titles and heads of laws, as the titles and beginnings 
of books, {Chid* Trist. i. 7. Martial ivu 2.) used fo be writ-^ 
len with vermilion, (rubrica vel mimo) • Hence RUBRIC A 
is put for the Civil law ; thus Bubrica vetavit^ the laws have 
forbidden, Pers^ v. 90. Mii sead Album (i, e. jus pratorir 
um^ qtMpnetores edicta sua in albo proponebant\ air r u b r z* 
CAs(i.e.jt/^£rim/^)fran«/f//crtt7ff,Quinctil. xii.3. 11. Hence 
Juvenal, Perlege rubnu^tnajorum tegesi Sat. xiv. 193. 

The Constitutions of the emperors were collected by dif. 
ferent lawyers. The chief of these were Gregory and /fer- 
piogenest who flourished under Constantine. Then* collec- 
tions were called CODEX GREGORIANUS and CO- 
DEX HERMOGENI ANUS. But these books were 
composed only by private persons. The first collection 
made by public authority, was that of the Emperor Theo-^ 
dosius tbe younger, published, A. C. 438, and called CO« 
DEX THEODOSIANUS. But it only contained the im- 
perial ccHistitutions from Constantine to hb own time, for 
little more than »i hundred years. 

It was the emperor JUSTINIAN who first reduced the 
Roman law into a certain order. For this purpose he em« 
ployed the assistance of the most eminent lawyers in the 
cnq)]re, at the head of whom was TRIBONIAN. 

Justinian first published a collection of the imperial con<^ 
stitutions, A. 529, called CODEX JUSTINIANUS. 

Then he ordered a collection to be made of every thing 
that was useful in the writings of the lawyers before his time, 
which are said to have amounted to 2000 volumes. This 
work was executed by Tribonian and sixteen associates, in 
three years, although they had been allowed ten years to 
finish it. It was published, A. 533, under the title of Digests 
or PmdectsAI^ ASDECTMveiDlGESTA^. It is some. 
6mes called in the singular, die Digest or Pandect. 



y 



ROMAN ANTIQUITIES. 

The same year were published the elements or first fM-iirt* 
eiples of the Roman law, composed by three men, rriboman, 
TheopMlust and Dorotheus^ and called the Institutesy (IN- 
STITUTA). This book was published before thfe Pan^ 
(kcts, although it wa^ composed after them. 

As the first code did not appear suitficiently complete, and 
contained several thbgs inconsistent with the Pandects^ Tri* 
bonian and four other men were employed to correct it. A 
nexv code^ therefore, was published xvi. KaL Dec. 534> call- 
ed CODEX REPETITiE PRiELECTIONIS, and the 
former code declared to be of no further authority. Thus 
'in six years was completed what is called CORPUS JU- 
RIS, the body of Roman law. 

But when new questions arose, not ccwitained in any d 
tiie above-mentioned books, new decisions became necessa- 
ry to supply what was wanting, or correct what was errone- 
ous. These were afterwards published under the title of J^- 
veU^ (NO VELLiE sc, constitutiones)^ not only by Justini- 
an, but also by some of the succeeding emperors* So that 
the Corpus Juris Romani Civilis is made up of these books, 
the Institutes^ Pandects or Digests^ Code^ and Novels* 

The Institutes are divided into four books ; each book 
into several titles or ch^ters ; and each title into paragraphs 
(j) of which the first is not numbered; thus, Inst. lib. i. «. 
2C. princip. or more shortly, 1. J. 10. pr* So, Inst^L I tit* x- 
i 2. —or, I. !• 10. 2, 

The pandects are divided into fifty bodes ; each book into 
several titles ; each title into several laws, whk:h are distin- 
guished by numbers ; and sometimes one law into beginning 
(princ* for prindpium) and paragraphs ; thus, D. 1. L 5. 
V e. Digest, jfirst hook ^ first title, fifth law. If the law be di- 
vided into paragraphs, a fourth number must be added ; 
thus, D, 48, 5. 13. pr. or 48. 5. 13. 3. Sometimes the first 
word of the law, not the num^^er^ b cited. The Pandects 
are often marked by a dbuble/ ; thus, jf*. 

The Code is cited in the same manner as the Pandects, 
by J3ookj Title, and Law ; the Novels by their number, the 
chapter of that number, and the paragraphs, if anj' ; as, Nov. 
115. C.3. 

The Justinian code- of law was universally received 



throtigfa the Roman world. It flourished \n the east until 
the taking of Constantinople by the Turks, A. 1453. In the 
west it was in a great measure suppressed by the irruption 
of die barbarous nations, till it was revived in Italy in tho 
12th century by IRNERIUS, who had studied at Constan- 
tinople, and opened a school at Bologna, under the auspices 
of Frederic I. Emperor of Germany. Hewa&attended by an 
incre^jble number of students from all parts, who propogat-. 
ed the knowledge of the Roman Civil law through most 
countries of Europe ; where it still continues to be of great 
authoriQr in couns of justice, and seems to promise, at 
least in point of legislation, the fulfilment of the famous pre-' 
dicdonofthe ancient Romans concerning the eternity of 
their empire. 

JUDICIAL PROCEEDINGS of the ROMANS. 

THE Judicial Pnxjeedings (JUDICIA) of the Romans 
were either Private or Public^ or, as we express it, Cu 
viloT Criminal: {Omnia judicia aut dtstrahendarum control 
versiarum^ aut puniendorum maUficiorum causa reperta 
sunt) Cic. pro Caecin. 2. 

I. (JUDICIA PRIVATA), CIVIL TRIALS. 

JUDICIA Privata^ or Civil Trials, were concerning pri- 
vate causes or differences between private persons, Cic* 
de Orat. i. 38. Top. 17- In these at first the kings presided^ 
Dtrniys- X. 1. tlien the consuls, lb. & Liv. ii. 27. the mili- 
tary tribimes and decemviri. Id- iii. 33- but after the year 
389, the Praetor Urbanus and Peregrinus. See p. 128. 

The judicial power of the Prator Urbanus^^iiA Peregrin 
nU9 was properly called JURISDICTIO, {qua posita erat 
^ etlicto, ct ex edicto decretis ;) and dfthe praetors'who pre- 
sided at criminal trials, QUiESTlO, Cie. Verr. i. 40, 41^ 
46, 47, &c. ii. 48. v. 14. Muran*. 20 Fiacc. 3- Tacit' Agric^ 
6. 

The prsetor might be applied to (adirz poterat, co* 
)»iAM vel FOTESTATBM sui faciebat) on all court days 
dicbus fastis ;) but on certain days, he attended only to pe- 
6fei«W or roquests (postulatiokibus vacabat ;) so the 



<242 KOMAN AfrriQUITIESt 

consuls^ -P*»* ^P* vii. 33. and on others, to the t%zmiasL^ 
tion of causes, (coGNiiiowiBUs), Ptin. Ep. vil 33. 

On court-days early in the morning, the praetor went to 
the Forum^ and tliere being seated on his tribunal, ordered 
an Accensus to call out to the people around^ that it was the 
thitd hour ; and that whoever had any cause, {qui L£1G£ 
AG£R£ vellet), might bring it before him- But this could 
onljr be done by a certain form. 

I. VOC ATIO in JUS, or Summoning to CoUrt. 

IF a person had a quarrel with any one, he prst tried to 
make it up (litem componere \t\dijudicare) inprivater 
{intra parietes^ Cic. pro P- Quincti. 5. 11. per discjefitfliares 
domesticoSf vel opera amicorum^ C^cin. 2.) 

If the matter could not be settled in this manner, Lao. iv- 
d. the plaintiff (ACTOR w/PETITOR) ordered his a^U 
yersary to go with him before the praetor, Cin jus vocabta)^ 
by saying, In jus voce T£ : In jus eahus : In jus ve* 
'»i:SBquERE AD tribunai*:Inji/s AM&uLA,orthelike» 
Ter. Phorm. v. 7. 43. & 88. If he refused, the prosecutor 
took some one present to witness, by saying, Licet an- 
TESTARi ? May I take you to witness? If the person con- 
sented, he offered the tip of his ear, Cauricuhm opponelaij, 
which the prosecutor touched, Horat. Sat. i. 9. v. 76. Pkut. 
CurcuL V. 2. .See p. 62. Then the plaintiff might drag the 
defendant (r^m) to court by force (in jus rapere)^ in any 
way,. even by the neck, (obtorto coUo), Cic et Plaut Paen. 
m. 5. 45. according to the law of the Twelve Tal;>les ; si 
OALviTUA (moratur) tkdzmvs sizviTAfugit \c\/ugqM 
adornat)^ manum endo jacito, (injidtoX Festus. But 
lyorthiess persons, as thieves^ robbers^ &c. might be drag^ 
gcd before a judge without tliis formality, Plaui. Pers* iv- 9, 
I?. 10. 

By thelaw of the Twelve Tables, none wereexcuaed from 
appearing in court ; not even the aged, the sickly, and in* 
fiitn. If they could not walk, they were fumi^ed with an 
open carriage, (jumentum^ i. e. plaustrumvtl vectabubimJ^ 
Gell. XX. 1. Cic. delegg. ii. 23. Horat. Sat. i. 9. 76. But 
afterwards this was altered, and various persons were ex* 
ompted ; as, magistrates^ JUv. xlv. 37* those absent on ac^ 



C0tmt of the state, Vol. Maxim, iii. 7, 9, &c. alsa matrons^ 
Id.u.l. 5. boys and girls under' age, D. de in jus v^cand. &c. 

It was likewise unlawful to force any person to court 
from Us own house, because a man's house was esteemed his 
sanctuary, itutissimum rtfugium et receptactdum). But if 
any one turked at home to elude a prosecution, isifrauda^ 
iioms causa ^^rfaraf, Cic Quint. 19) he was summoned 
(.evocabatur) ihrtG times, with an interval of ten days be^ 
tween each summons, by tiie voice of a herald, or by let- 
ters, or by the edict of the praetor ; and if he still did not ap- 
pear, {se nan sviteret)^ the prosecutor was put in possesion 
of his effects, (in bona ejus mitiebaiur.) Ibid* 

If thfc person cited found security, he was let go ; (si £ n- 
siet) si auiem sit^ (sc. oHgiiisX (ipi iv jusvocatum 
viviyitir J (vtndicaverit J shaH be surety for his appear* 
ance), mittito^ let him go- 

If he made up the matter by the way, Cendo via), the 
process was dropped. Hence may be explained the words 
of our Saviour, AffZ^^ v. 25- Luke xii. 58* 

II. POSTULATIO ACTIONIS, Requesting a JTrii, 
and giving Bad* 

IF no private agreement could be made, both parties went 
before the praetor. Then the plaintiff pr(qK>sed the action 
(ACTIONEM EDEB AT, vel dicam scribebat, Cic. Venv 
ii. 15.) which he intended to bring against the defendant 

(qt^AMIN REUM INTENDERE YEZLET), PhUf. Pers- iV. 

9. and demanded a writ, (ACTIONEM POSTULA- 
BAT)y from the praetor for that purpose* For there were 
certain forms, (formulae) <«• set words (verba concep- 
ta) necessary to be used in every cause, (tokuvl/e de 

OMKIBUS REBUS CONSTITUTiE), Cic RosC* Com^ 8« At 

the same time the defendant requested, that an advocate- 
or lawyer should be given him to assist him with his coun< 
sel- 

There weie sevcrd actions competent for the same thing. 
The prosecutor chose which he pleased; and the praetor 
ususdly granted it, (Actionek ©e/ Judicium dabat vet 
reddebaT, Cic* pro <J/ecin. 3.> Quinct* US. Verr. ii. 12. 
270 but he might also refuse it, ibid, et ad Herenn. iji» 13^ 



244 ROMAN ANTIQUITIES. 

The plaintiff having obtained a writ from the prastor^ of. 
fered it to the defendant, or dictated to him the wcnrds. This 
writ it was unlawful to change, (mutore formuiam nan bee- 
AflfO' Senec. Ep. 117- 

The greatest caution was requisite in drawing up the writ, 
(inactione s^ formula cortcipienda)y for if there was a mis- 
take in one word, the whole cause was lost, Cic- de mveni.ii. 
19. Herenn. i- 2. QuinctiL iii. 8. vii, 3. 17. Quipiuspeteiat, 
guam debitum est, causam pet^ebat^ Cic. pro Q. Rose. 4- 
vel formula excidebat^ i- e. causa cadebatj Suet. Claud. 14. 
Hence 'scrib£R£ vet subscribere bicam ahcui vel 
impignere, to bring an action against one, Cic. Verr. ii. IS. 
Ter. Phorm. ii. 3. 92. or eum aliquo jvdicivil subscibe- 

HE, Plin. Ep.V. 1. EI rORMU-LAM INTENDERE, Suei^ 

Vit. 7. But Die AM vd dicas sorttri^ ucjudices dare sortUi- 
onej qui causam cognoscanty to appoint judiees to judge of 
causes, Cic ibid. 15. 17. 

A person skilled only in framing writs and the like, is csdU 
ed by Cicero LEGULEIUS, praco actionum^ cantor for- 
mularurhy auceps, sj/Habarum^ Cic. de Orat. i. 55* and by 
Quinctilian, Formitlarius, xii* 3. 11. 

He attended on the advocates to suggest to them the laws 
and forms; as those called Pr a cm atici did among die 
Greeks, ibid, and as agents do among us. 

Then the plaintiflF required, that the defendant should give 
bail for his appearance in court ( VADES, qui sponderent 
eum adfuturum), on a certain day, which was usually the 
third day after, {tertio die vel perendxe), Cic. pro Quinct. 7. 
Mureh. 12. Gell- vii. 1. And thus he was said VADARI 
REUM (Vades ideo dicti, quody qui eos dederit^ vadendi> 
id est, dkcedendi habet potestatemy Festus)^ Cic. Quinct, 6. 

This was also done in a set form prescribed by a lau'yer, 
who was said Vadimonium concipere, Cic. odFratr. 
XL. 15. ^ 

Thedefendantwas said VADES DARE, vel VADIMO. 
NIUM PROMITTERE. If he did not find bail, he was 
obliged to go to prison, Pkut. Pers. il 4. v. 18. The praetor 
^ometimes put off the Hearing of the cause to a more distant 
^g^^ll^A'^dirnoniadifferebat), Liv. Epit. 86. Juvenal, iii. 112. 
* • rtiesCLiTicATOREs} cWefly were aakl vaw^ 



JiTDiciAL Proceedings, Vc^ !US 

MONiTxu DXFFERE cum qUquOj toput offthe day dfthetri. 
al, Ct«. Att' ii. 7. Fam. ii. 8. Quinct. 14« 16« i2^f e^^ i» va- 
dimoHtwn ci£jAt^heem to be litigaled, r6t</. 

.In the mean time the defendant sometimes made up (jrem 
comp^mebai et transigebat, compromised) the matter pri- 
vately witlithe plaintiff, and the action was dropped, PltM. Ep. 
v. 1« In which case the plaintiff was said, decidisse^ ytlpac^ 
tionemfeeme cum reo ; judicio reum absohtsse^ vel liberasse 
Utt eontestata v^ljudteio cor^tituto^ after the law-suit was* 
begun ; and the defendant, liiem redemkse ; after receiving 
security from the plaintiff, {cum sibi cavisset vel satis ab acm 
tore accepiu€t\ that no further demands were to be made 
upon him, Amplius a sb ksminekpetituruu, C^^^ 
Quinct. 11. 12. If a person was unable or unwilling to carry 
on a law-suit,he was said,NON posse vei nolle feosb*' 
q^ur, vel EXPERiEi, sc. jusydijuref yd Jure summo^ib* 7* 
&c. 

When the day came, if either party when cited was not 
present,wEtbootavalid excuse, (^^emorAo vel causa smtica\ 
he lost his cause, Horat. Sat. u 9. v. 35. If the defendsmt 
was absent, he was said DESERERE VADIMONIUM ; 
and 1^ praetor put the plaintiff in possession of his effects^ 
Cic. pro Quinet. «• & 20. 

If the defendant was present, he was said VADIMONL 
UM SISTERE vel obire. When cited, he said, Ubi tit 

ES,<y7I HE VADATUS E8?UBi TUES,(yn ME CXTASTI? 
ECCB MB TIBI SISTO: T17: CONTRA ET TE MIHI SISTE. 

The plaintiff answered, Adsi;M, Plaut. CurcuL i. 3. 5, 
Then the defendant said Qu i d a i s ? The t^aindff s«id AICX 

PUNDUM, <^UEM POSSIDES, MEtfM ESSE ; VCl AIO TB MI* 

HI DARE facere oportere, or the like, CVc. il/z/r. 12«. 
This was called INTENTIO ACTIONIS, and varied ac 
cording to U)e nature of the action. 

m. DIFFERENT KINJDS OF ACTIONS. 

ACTIONS were either Real Personal, or Mixt. 
1. A real action (ACTIO IN HEM), was for obtaining 
a thing to which one had a real right (jus in re), but which 
wa&possessed by another, Cper quam rem nostram^ qu^ «A 
oOq pQssidetitr^ petimusy Uipian, ) 



346 ROMAN ANTIQUITIES. 

. % A personal actum, (ACTIO IN PERSONAM), ^iras 
m^inst a piersonfcv doing or giving sometliing, which he was 
bound to do or give» by reason of a contract, <^ cff some 
wrong done by him to the plaintiff. 

S« A mixt actioa was both for a thing, and'fer certain per- 
sonalprqstations. 

I. Real Actions. 

Actions for a thing, or real actiansy were either CIVIL, 
wiMng from some law, Cw?- in CaciL 5. de Orat. u 2. or 
PRjETORIAN, depending on the edict of the prxtor. 

ACTIONES PRiETORliE, were remedies granted by 
the. praetor for rendering an equitable right effectual, for 
wiuch there was no adequate remedy granted by the statute 
or oomfmon law- 

A civil acdon for a thing iacth eivihs vd legitima in rem\ 
was called VINDIC ATIO ; and the person who raised it, 
viNX>£x. But thb action could not be brought unless it was 
previously ascertained wlx> ought to be the possessor. If 
this was contested, it was called Lis vindiciarvm, Cic.' 
Ferr. i. 45. and the pr^tor determined the matter by an m* 
terdict, Cie^ Cacin. 8. 14» 

If the questicoi was about a slave, the person who claim- 
ed the possession of him, laying hands on the islave, (ma- 
num ezifijiciens}, befwe Ae pr«tor, said, Hukc Hominuic 

«X Jl/RB qVIRlTlUM MEUM ESSE AlO« BJUSqUE VIKDICIAS, (I. t. fiOS- 

^eBsianfm)^ uini daei- yostulo. To which Plauius aUudes, RzuL 
iv. 3. 86. If the other was silent, or yielded his right, (Jure 
eedebat)^ the pr^tcnr adjudged the slave to tlie person who 
claimed hin^ iservum addieebat vindicantt) ; that is, he de* 
creed to him the possession, till it i^as determined who 
should be the proprietor of the slave, (ad emtumjudicH^ 
But if the odier person also claimed possession, {si virubdas 
siln conservari postularet\ then the praetor pronounced an 
ihterdict} ( inter dicebat)^ Qui khc vi, »ec clam, vbc pbecajlio ros* 

BIDET, &I VINDICIAS DA80. 

T\iv laying on of hands (MANUS INJECTIO) was the 
usual mode of cl^dming the property of any p^son, Lio. iii. 
43. to which frequent allusion is made in th^ classics, Omd^ 
JEpist- Herwd* viii. 16- xii» 159. .Ampn i*.4. 40. ii. ^« 3Q<<. 



ItTBIClAL F&OCESDINCS, &ۥ SMf 

Fait. iv. 90. Firg. Mn. x. 419. Cfc. Ros^ Cam. It.POn. 
Euist. X* 19* In vera bona n&n e$i numus injectio ; Anim» 
non potest injict manus^u e* vis fieri* Seneca. 

lu disputes of this kind (m kttbus vtttdiciarufn), the pre^ 
sumption always was in favour, of the possessor^ according 
to the law of the Twelve Tables, Si qui in jur£ MANirif 
coNSERUKX, i^e. apud judtcem disceptant^ s£cuni>uk 

KUH <^uk POSSIDET, VINDICIAS DATO, Geilr XX. 10. 

Bill in an action conceniii)g liberty, the pre&tor always de-» 
creed possession in favour of freedom, (vmcbcias dedit se-^ 
eundum Ubertatem) : and Appius tlie decemvir ^ by doing the 
cx>fitx2xy)dec€mendovindicias secundum servitutem vel ab li'^ 
bertuie in serviUttem contra leges vindiciasdandoy by decree- - 
log, tiiat Virginia should be given up into the hands of M« 
Claudius, his client, who claimed her, and not to her father^ 
who wa3 present) ; brought destruction on himself and his 
coUeagues, Liv* iii« 47, 56, 58. 

Whoever claimed a slave to be free, (vin dex, qui in fi- 
i^/ale/7i i^m/ira^a/),. was said, eum liberali causa.. 
K ANU ASSERSRE, Tcrcnt. Adclpki ii; L 39, Flout » Fctn* 
V. 2. but i(he claimed a free person to be a dave, he was ^ 
said, IN SERVITUTEM asserere; and hence wascaUed 
ASSERTOR, Iav. iii. 44. Hence, Uae (sc. prasentja 
gaudia)utraguemanuy complexuque as sere toto^ Martial. 1. 
16, 9. AssERo, for affirmo^ or assevero, is used only by la« 
ter writers. - 

The expression M ANUM CONSERERE, to fight hand 
to hand, is taken from war, of which the conflict between the 
two parties was a representation Hence ViKnici a, i^ e; 
injectio yd correptio manusin re pra^senti, was called xns ci^ 
viits etfestucaria^ Gell. xx* 10. The two parties are said to 
have crossed two rods, (festucas inter se conmisisse)^ before 
the preetor as if in fighting, and the vanquished party to have 
given up hisrod to hisantagonist. Whence some conjecture, 
that the first Romans determined their disputes with the 
point of their swords. 

Othois think that mmficia was a rod, {virguld y€l/estuca% 
which the two parties {litigantes vel disceptantes) broke, in 
thetrfiray or mock fight before the pr«tor, (as a.straw istipula) 
used ancientiy to be broken in making stipulaticins^ Isid. v. 



248 ROMAN ANTIQUmfeS. 

240 the consequence of which was, that one of t!he parties 
might S2^f that he had been ousted ot deprived of posse^^ion 
fipossessione dejectus) by the other, and tlierefore claim to 
be restored by a decree (tN t e r di c t o) of the pr«tor. 

If the question was about a farm, a house, or the like, the 
i»r»tor anciently laent with the parties (cum Utigantibus) to 
the place, and gave possession (xnndicias dabat) to which of 
them he drought proper. But from the increase of business 
this soon became impracticable : and then the parties called 
one another from court {ex jure) to the spot, On locum vel 
rem prttsentem)^ to a farm, for instance, and brought from 
Aence aturf C^/^&WTi), which was also called VINDICIuE, 
Fesius^ »id contested about it as about the whole farm. It 
was delivered to the person to whom the pr^tor adjudged 
^ possession, GeU. xx* 10. 

But this cu^om also was dropped : and the lawyers de- 
vised a new form of process in suing for possession, which 
Cicero pleasantly ridicules, pro Mur<sn. 12, The plaintiff 
ipetitor) thu&addrcsxdthtitknd^nt^ eum J tpidepetebaiur) ; 

FUMDU^C^yi MT IK ACBMi q^Ol SaBINUS VOCATITR, EVM BOO EX JV- 
BVqUIItlTXCM MEUM K8SS AIO, INDE BOO T& BX JUBB MAHV COM' 

s^axuMCto contend accprdingtolaw)voco» If the defendant 
3rie!ded#thepr«tor adjudged possession to the plaintiff. If not, 
the defendant thussmswered the plaintiff, Un©b tu mb bx ju* 

EK MANUU CONSE&TUM VOC ASTI, iNpE IBI EGO TE EBVOCO. Thea 

the praetor repeated his set form, (carmen compositumJ. U- 
TRisquE, saPERSTiTiBcrs PRESENTiBUs, i. c. Ustibus 
pr^ffsenti&uSi CbQfov^witxi€sses\ 1ST AU vxam nico. Ikite 
viAM. Immediately they both setout, as if to go to the farm, 
to fetch a tyrf, accompaiiied by a lawyer to direct them, (gui 
ire viam doceret)^ Then the praetor said, Redite viaac ; 
upon which they returned. If it appeared that one of the p.ur- 
ties had been dispossessed by the other through force, the 
prater thus decreed, Unde TU iLtuM pbjecisti, cum nbc vij nec 

CLAM, NEC PRiCCARIO POSSIDKRKT, £0 ILLUM EESTITUAS lUBEO. if 

not he thus decreed. Uti nunc possidetis, &ic. ita possideatis. 
Vim fieri veto* 

The possessor being thus ascertained, then the action a- 
bout the i:ight of property (dejure dominii) commenced. 
The person ousted or outed (possessione exclusus vel cfe- 
jectus^ Cic. pro C«cin- 19-) first asked the* defendant if he 



Jin^lCIAt t^ROC^iDINCS, ^€. $M9 

was the lawful possessor, (Qua n do ego te i* jupe cok* 
spicio, POST0LO AN siEs AUcTOR ? 1. c. posjsesxor^ undc 
meum jus repetere possipi^ Cic. pro Caecih, 19. et Prob. ia 
Not.) Then he claimed his right, and in the mean time re- 
quired that the possessor should ^\vt security (sATrsnA- 
eetX nottodoany damage to the subject in question, C^d* nihil 
deteritts in pos$e^sionefacturum\ by cuttir.g down trees, or 
demolishing buildings, &c. in which case the plaintiff was 
said, PER PRiEOES, V. -em, vel fropr^de litis vindi* 
ciARUM SATIS AdciPERE, Ctc. FfTr.u ^5. If the defend- 
ant did not give security, the possession was transfered ta 
the plaintiff, provided he gave security- 

A sum of money also used to be deposited by both parties^ 
called SACRAMENTUM, which fell to the gaining party 
after the cause was determined, Festus ; Varro de Lat. ling. 
iv. 36* or a stipulation was made about the payment of a cer- 
tain siirti, called SPONSIO. The plaintiff said, Quando 

HXGAS HUHC FUNDCM K8SE MEUM, SACRAMBNTO TE f^UINqUAOBXA* 

RIO PROVoco. Spondbskb qUiNOENTos, 8c. nummo9 vel omm. ^ 
MEUs EST ? i. e. jri meum esse prohavero. The defendant 
said^SpoKBEo quiNCENTos, SI TuussiT. Then the de- 
fendant required a correspondent stipulation from the plain* 
iaS,(s^9tipulabatttr\ thus, Et tit spondesne (yriNCEN* 
Tos, Ki Tuus sit ? i. c- si probavero tuum non esse. Then 
the plaintiff said, Spondeo, ni meus sit. Either party 
lost hisxause, if he refused to give this promise, or to de* 
posit the money required- 

Festus says this money was called SACRAMENTUM, 
because it used to be expended on sacred rites ; but others, 
because it served as an oath, {quod instar sacramenti vtlju^ 
risjurandi esset), to convince the judges that the lawsuit was 
not tifidertaken without cause, and thus checked wanton li- 
tigatioil. Hence it waS called Pignus sponSionis, (quia 
violare quod quisque promittit perfidia est\ Isidor. Orig. v. 
24. And hence Pignore contendere^ et sacramentOy is the 
same, Cic. Fam. vii. 32. de Omt. i* 10, 

S0tcramentum is sometimes put for the suit or cause itself, 
(pro ipsa petitume^y Cic. pro Cacin* 33- sacramentum in H* 
bertatemy i. e« causa et vindictae libertatisy the claim of liber« 
ty, pro^lhm. 29. Mik 27. de Orat. h 10* So SPONSIO- 

Li I 



iS9 ROMAN ANTIQUITIES. 

NEM FACERE, to raise a law-suit, Cic.Qumt 8. 26.r«rr* 
iii. 62. Cacin. 8. 16. Rose. Com. 4. 5. Off. iii- 19. Sponsu 
one lacessere^ Ver. iii- 57. certare^ Caecin. 32. mncere^ 
Quinct. 27. and ^^ovincere sponsionem^ Ca&cin- 31- or judS- 
duniy to. prevail in the cause, Ver, \. 53. cotidemnari sfionsi^ 
om.y, to lose the cause, Cacin. 31. sponsiones^ i.e. cau:ta^ pra^ 
kibitifjudicari, causes not allowed to be tried, Cic- Ferr, iiL 

.62. '^ 

The plaintiff was said sacratnento vcl sponsume provocare, 
TOgare quarere^ et siipulari. The defendant contendere ex 
provocatione vel sacratnento^ et restipuiari^ Cic. pro Rose* 

^ Com. 13. Valer. Max. ii. 8- 2. Festus ; Vanr, de Lat ling. 
iV' 36. 

The same form was used in claiming an inheritance, (in 
H^REDiTATis pktitione), in claimhig servitudes, &c 
But in the last, the action might be expressed both affirma*. 
tivcly and negatively^ thus, aio; jxrs esse vel non esse. 
Hence it was called Actio confessoria et kegatokia. 

2. PERSONAt Actions. 

Person At actions, called akoCONDICTIONES, we?? 
very numerous. They arose from some contract, or injuiy 
done ; and required that a person should do or give certain 
things, or suffer a certain punishment. 

, Actions firom contracts or obligatipns were about buidng 
and selling,(</e emptume et venditione); about letting and hir- 
ing, Cde locetione et conductione: iocabatur vtldomuS't vel 
fundus^ vel opus faciendum^ velvectigal; Mdium emptor 
Iix<^tLiNVf^ fundi coLovus^ operui KEDEUFTORt vectiga' 
Us PuaLicAKiTsvel liAVCEFsdicebatur): about a coi^ous- 
sion, (de mandate); pactnership, (de societatej; a deposit, (cCr 
deposito apudsequestrem); a loan, {de commodaiavd mutuo)^ 
proprie couHLoDAUVsvestes^ libros^vasa^ eguos^et simiSa^ 
qua eadem reddmUur : mutuo autem damus eOfproqui^ 
bus alia redduntur ejusdem generis^ ut nummos^frumcntum^ 
vinum^ oleum^ etfere catera^ qua pondete^ humero vel mm-^ 
^ra dari solent); a pawn or pledge, (de hypotheea ytXpigno- 
re): a wife's fortune, (de dote vel re uxoriaJ: a stipulatioo, 
{de 4ttpulationeJ^ which took place almost in all l:»axss^uis» 
and was made in this form ; An spokdes ? Seo.KB£o : 



J47PICIAL pRaC££DIffCS,&Pc. • S$l 

AniDABis? DABo: An prohittis? PftoKiTTo,velrew 
promttOf &c. PFaut Pseud, iv. 6. Bacchid. iv. 8, 

When the seller set a price on a thing, he was said ivinu 

CASE; thuslKDICA, FAC P R£T I UM, P/atl/. P^TJ. iv, 4^ 

37* and the buyer, when he offered a price, lice&j, i. e. ra- 
gore quo pretio liceret auferre^ Plaut. Stich* i, 3. 68.: Cic. 
Perr. iii. 33. At an auction, the person who Ijade, (LICI* 
TATOR), hdd up his fore finger, (index) ; hence dip[itolu 
eeri^ Cicib* 11. The buyer asked, Quanti licet.? sc. 
habere yAuuferre The seller answered, Decern nummis lu 
cei; oriitft like. Plant Epid. iii. 4. 35. Thus some'explain, 
I}e Drusi horHs^ quanti licuisse^ (sc. eas emere), tu scribis^ 
midteram : sed quanti quanti^ bene emitur quod necesfe est^ 
Cic« Att xii. 23. But most here take Itcerem a passive sense, 
to be valued or appraised: quanti quanti^ sc. licent^ at what- 
ever price; ^Mart. vi- 66. 4. So Fembunt quiquilicebunt 
(whoever s^all be appraised or exposed to sale, shall be sold)* 
prasenti peeunia^ for ready money, Plaut M eneech. v. 9. 
97* [/mus ams non unquam pretio pluris licuisse^ notante 
judice quo nosti populo^ was never reckoned worth more 
than the value of one a$y in tiie estimation of the people, &c. 
Horat.Sat.\.6. 13. 

In verbal bargains or stipulations, there were certain fixt 
forms, (sTipuLATiONUM FORMULiK, CUc. de iegg. L A. 
vel sFONsioNUM, Id^^Rosc. Com. 4.> usually observed be- 
tween the- two parties. The person who required the pro- 
lAiseor obligation, (STIPULATOR, sUn quipromittieU" 
rabaty v. sponsionem exigebat) asked (rogabatv. interrega^ 
to) him who was to give the obligation (PROMISSOR 
vel R^PitoMissor, Plaut. Asm. it. 4. 48. Pseud, i. 1. 112. 
for both words are put for the same thing, Plant. Cure. v. 
% 68. v. 3,31. Cic. Rose. Com. 13.) before witnesses, 
Plants ibs 33. Cic. Rose. Com. 4. if he would do or give a 
certain thing ; and the other always answered* in correspon- 
dent words: thus, An da^is? Dxbo vel Dabititr; 
Ptaut.Pshid. I ], 115. iv. 6. 15.Bacch.iv. 8. 41. An 
spowBEs? Spon'deo, Id. Curc'V' 2- 74. Any material 
chat^ <ar addition in the answer rendered it of no effi*ct, J 5. 
lwst.de utuUL Stip. Plaut. Tnn. v. % 34^ & 39. The per- 
^m-wbafequired the promise^ was said to -^be RCirs «TJt. 



2» ROMAN ANTIQUITIES. 

pifLANDi ; he who gave it, lEtrs phomitteitdi, Digt^. 
Sometimes an oath was interposed, FiauU Rud^ v? 2. 47^ 
an6 for the sakeof greater security, {ut pacta et corwenia 
Jirmiora essent)y there was a second person, who reqmri' 
ed the promise or obligation to be repeated to him, 
therefore called Astipulator, Cic. Quint 18. jPi*. -9. 
(qtd orrogabatX Plaut. Rud. v, 2. 45. and anodietwhojoiift. 
edin giving it. Adpromissor, Festus ; Cic* Aih ▼. 1 
Jtosc. Amer. 9. Fide jussor vel Sponsor, a surety, wlio 
said, £t£go spondeo idem hoc, or the tike, jPAh^. 
Trtn. V. 2. 39. Hence Astipulart irato cmsuh^ to humour 
or assist, Lw. xxxix. S, The person who promised, m hb 
turn tisually asked a correspondent obligation, which ^mos 
called REsTiPUL ATio ; boA acts were called Sponsk). 

Nothing of importance was transacted among the Romam 
without the rot^atio, or asking a question, and a correspon- 
dent answer, Ccdngrua respormo) : Hence Interrogatio' 
forSriPULATio, Senec. Benef. iii. 16. Thus also laws were 
passed : the magistrate asked, rogabat : and tiie people 
answered vti rogas, scro/aww*. Seep. 97, 100» 

The form of Mancipatio, or Mancipium^ per as ttlu 
brants was sometimes added to tlie Stipulatio, Cic. legg^ 
ii.20,£s?2L^ 

Astipulation could only take place between those who 
were present. But if it was expressed* in a writing, isiin m*- 
stmmento scriptum esset\simp\y that a person hitd promiflw 
edf it was supposed that every thmg requisite in a stiitash-* 
tion had been observed, Inst, iii, 20, 17. Fautt. B&deptk 
Sent V. 7. 2. 

In buying and selling, in giving or taking a lease, (in laea* 
tione vd conduetwne)^ or the like, the bargain was fini^ed 
by the simple consent of the parties : hence these contracts 
were called CONSENSU ALES. He who gave a ivrong 
account of a thing to be disposed of, was bound to make up 
thedamage, Cic, Off. iii. 16. An earnest penny Tare ha, 
v«^ ARRHABo), was sometimes given, nc^toconfirai, but 
to prove the obligation^ Inst. iii. 25. — pr. Varr. A. L. iv.- 
36*' But in all important contracts, bonds (SYNGRA- 
PH^ formerly written out, signed,- arid sealed! were muu 
tually exchanged between the parties. Thus Augustus anr!- 



JvDlClAh PROCESDIVOSi CAr* SM 

Antony tatified their agreement about the partition of tbi 
Roaian proyinces, after the overthrow of Brutus and Cas* 
sins: at PfaUlippi> by givingand taking reciprocally written: ob» 
ligatiooB, (Yt^M^ffi*^ gyngrapfut) : Dio. xlviii. 3, & 11. A 
di&rence havhig afterwards arisen between Caesar, and 
Fulvia^ "tfie wife of Antony, and Lucius his brother, wlio ma- 
naged the affairs of Antony in Italy, an appeal was made by 
Cesar to the disbanded veterans ; who having fisseml^ed 
in the capitol, constitu^ themselves judges in thecauae^ 
and appointed a day for determining it at Gabii. Augustus 
appealed in his defi»ice ; but Fulvia and L. Antonius, hav« 
ins faUed to come, although they had promised, were con^ 
dinned in their absence ; and, in confirmation of the seiir 
tence, war was declared against them, which terminated if» 
their defisat, and finally in the destruction of Antony, Duk 
xlvih 12. &c. In like manner tfie articles of agreement be* 
tween Augustus, Antony, and Sex. Pompeius, were written 
out in the form of a contract, and committed to the charge 
of the vestsfl virgins, Dio- xlviii. 37. They were farther con- 
firmed by the parties joining their right hands, and embrac- 
ing one another, lb. But Augustus, says Dio, no longer 
observed this agreement, tlian till he found a pretext fo^ 
violating it, Dio. xlviii. 45. 

When one sued another upon a written obligation, he was 
said^ agere cum et? ear Sing kapha, Cfe. Mur. 17. 

Actions concerning bargains or obligations are usually 
named, ACTIONES, empti^ venditi^ locati, vel ex foeaiof 
conduetty vel ex conductor mandate &c. They were brought 
(intendebantur)^ in this manner : The plaintiff said, AIO 

TE MIHI MUTVI COM3CODATJ, DEPOSITI NOMINE, DARX 
CENTUM OPOR ERE ;* AIO TE MIHI EX STIPULAT0, LO- 

CATO, DARE FACE'RE OPORTERE. The defendant either 
denied the charge, or made exceptions to it, or defences 
(Actoris mtentionem aut negahat vel inficiahatur, aut «c* 
ceptione eSdebat), thdd is, he admitted part of the charge, but 
not die whole; thus NEGO me tibi ex stipolato cen- 

TVM DARE OPORTERE, NISI (^UOD METIT, nOLO, ERRO- 

RE'AiiyucTtrs spopondi, tie/ Nisi qiron minor xxv. 
ANNis spopoNDi. Then foHowed the SPONSIO, if the 
defendant' denied, ni bare faceue debeat ; md the 



i»4 ROMAN ANTIQUITIES. 

RESTIPULATIO, si t>are fackrb dbbeat, Bot if 
he excq>ted, the fpoimo was« ki dolo additctus spo*. 
iPONBERiT ; and the restipulatio si dolo addctctus s^o- 
^PONDBRiT. To this Cicero alludts, de Invmt. ii< 19. Fm. 
S2. 7- ^». vi. 1. 
Aaexception was expressed by these words, si kok, ac 

St HON, AUT, SI, AUT NISI, NISI (^UOD, EXTRA qUAK 61* 

If the plaiutiff answered the defendant's exception, k was 
4CaUedR£PLICATiO ; and if the defendant answered him, 
itwascalledDUPLiCATIO. It sometimes proceeded loa 
TRIPLICATIO and QUADRUFLICATIO- The ex- 
ceptions and replies used to be included in the Sponsio, 
I^, xxxix. 43« Cic. Vert. i. 45. iii. 57, 59. Ctecifu 16. Vol. 
JUax. iL 8, 2. 

When the contract was ilot marked by a particular name, 
tiioacticm was called actio pr^escriptis verbis, oetio 
meerta vel incerti; and the writ {formula) was not compos** 
ad by the praetor, but the words were prescribed by a law* 
yetrVuL Max. viii. 2, 2^ 

Actions were sometimes brought against a person on ac- 
count of the contracts of others, and were called Adjectih^ 
QuaUtitaSn 

As the Romans esteemed trade and merchandise dshwi* 
curable, especially if not extensive, Cic. Off. i. 42, instead 
of keeping shops themselves, they employed slaves, freed, 
men, or liirelings, to trade on their account, (negotiationilnis 
pntjidebant) who were called INSTITORES,. iquodne^ 
gotio gerendo instabant) ; and acticHis brought against the 
trader {in negotiatorem) or against (he emplo3^er Ci« domi- 
WumJ^ on account of the trader's transactions, were ootted 
ACTIONES INS TlTORIiE. 

. In like manner, a person who/sent a ship to sea at his-own 
Tisk, isuo perictdo navem man imTrSiebatj) and received ail 
the profits, (ad quern omnes obventiones et reditus natnsptr^ 
vmrwiO, whether he was the proprietor Cdominus) oi^ 
diipi or hired it inavem per averstonem conduxissetii whe- 
ther* he commanded the i^ip himself, sive ipse N AVIS 
M AGISTER essety) or empbyed a slave or any odier per- 
son for that purpose (ncmi praficeretJ^ was csSkA nam 
EXERCITOR; and an action lay against him On em. 



eam^etebat^ waty vd dahaiur\ for the ccmtradts made bf 
the master of the ship, as well as by himself, called ACTIO 
EXERCITORIA. 

An action < lay against a father or roaster of a famfly, for 
the contracts made by his son or slave, called acUo D£ P£« 
CULIO, or actio DE IN.REMVERSO, if the contract of 
the slave h^ turned to his master's profit ; or actio JUS* 
SU, if the contract had been made bV the master's order. 

But the father or master was bound to make restitutioHi 
Bot K» the entire amount of the contract, {non in solidumJ% 
but to the extent of . the peculium^ and the profit which h6 
had Deceived. 

' Iftjie master did not justly distribute the goods of the 
slave among his creditors, an action lay against him, called 
acuo TRIBUTORIA. 

An action also lay against a person in certain cases, where 
tbe^Qcmtract was not expressed, but presumed by law, and 
therefore called obligatio QUASI EX CONTRACTU; 410 
when one, without any commission, managed the busincM 
of a person in his absence, or without hb knowledge; 
hence he was called NEGOTIORUxM GESTOR, w va* 
LUNTARicrs AMICUS, Cic. Cadn^ 5. vel proc^uaatoe^ 
Or. Mrut. 4. 

3. Penal Actions. 

Actio jfs for a private wrong were of four kinds: EX 
FURTO, RAPINA, DAMNO, INJURIA ; for theft, 
robbeiy, damage, and personal injury- 

I. The different punishmentsof thefts wereborrowed from 
the Athenians. By the laws of the Twelve Tables, a thief 
in the night-time might be put to death : Si n'ok (noctu) 
tVRTSpjd YAXiT, SIX (fi cumj. ALiquis occisiT (QccideritJ jca* 
CiEsus £STo ; and alsa in the day time, if he defended him- 
self with a weapon : Si juuci vurtvm faxit, am ALiquxB bnoo 
On) IPSO vc&TO CAPsiT (cetierit)^ terb^rator, illi^ub, cui 
luaruM FACTUM B8CXT .{ctU) addxcitor, GeU. xL ult» but not 
without having first called out for assisbuice, {^ed non.fmi 
iifqm uUeremiurus eraU QuiRiTARXT,Le.c/aiiiarr/<iuiRrnii9 
▼OftTRAK )piPBif, sc. intfUarOf vel porro «|Iiiritb«. 

The pujmhment of slaves was more aevere* , Th^ Wflne 



5*6 ROIVUN ANTIQUirm^. * 

scourged and thimvn from the Tarpei^n rock. Slaves were 
so addicted to this crime, that they were anciently called 
FUREs; hence, Virg. EccL iii. 16. Quid dommi Jaciimt, 
audent €un\ talia fures ! so Horat Ep. h 6* 46. and ttiefr, 

SERVILE I^ROBRUM) Toct, Hist. V 48. 

But afterwards these punibhments were mitigated by 
various laws, and by th* edicts of the pragfors. One 
caught in manifest dieft fin FURTO MANIFSSTO), 
was ol)liged to restore fourfold, (quadruplum\ besides the 
thing stolen ; for the recovery of which diere was a real ac- 
tion ivindicatio) against the possessor, whoever he was. 

If a person was not caught in the act, but so evidently 
guiltythatlie could not deny it, he was called Fur NEC 
MANIFESTUS^ and was punished by restoring double, 
GelL xi. 18- 

When a thing stolen wasr, after much search, found in 
the possession of anyone, it was called Furtum concbp- 
T0M, (see p. &)l4.) and by the law of the Twelve Tables 
was punished as manifest dieft, OcU. Ibid ; Inst. iv. 1. 4. 
but afterwards, Bs/urtum nee manifestum. 

If a thief, to avoid detection, oflPered things stolen {resfur^ 
ihasvtl/urto ablatas)xo any one to keep, and they wdl^found 
in his possession, be had an action, called Actio furtiob* 
t ATI, against the person who gave him the things, whether 
it was the thief or another, for the tripple of their value, 
ibid. 

If any one hindered a person to search for stolen things^ 
or did not exhibit diem when found, actions were granted 
by the praetor against him, called Actiones f urti prohibI'* 
Tiet NON EXHiBiTiT ; in the last for double. Plant. Pan.' 
iiuh V. 61, What the penalty was in the first, is uncer- 
tain. But in whatever manner theft was punished, it was al. 
ways attended with infamy. 

2, Robbery (RAPINA) took place cMily in moveable 
things, (in rebus mobilibus). Immoveable things were said 
to be invaded.' and the possession of them was rq:ovcred 
by an interdict of the praetor. 

Althou^tfae crime of robbery (crimen raptus\ was much* 
more pernicious than that of theft» it was» however, less se* 
verely punished* 



Judicial Pbiockei)incs> £pV. 25? 

Aq action (actio vi bonorum RAPToauM) was granted 
by the prsetor ag^nst the robber (in raptorem\ only for 
fourfold, including what be had robbed. And there was no 
difftrence whether the robber was a freeman of k slave ; oi^- 
ly the pnH>rietor of the slave was obliged, either to give him 
up, ietim noxtt dedere\ or pay the damage (damnum pnetta- 
re). ' 

3. If any one slew the slave or beast of anodier^ it was call- 
ed DAMNUM INJURIA DATUM, i. e. dolo vel culpa 
nocentis admissumy whence actio vel judicium da¥NZ 
IN juria, sc. dati; Cic. Rose. Com. 11. whereby he was 
obliged to repair the damage by the Aquiltian law. Qui 

SERVUM SRRVAMVE, ALIENUM ALIENAMVJC, AUADRUPEDSM VC/ PBCU- 
l>BM iNJUEIA OCCIOERIT) qUANTl ID IN £0 ANNO PLURIMI FVIT9 

(whatever its highest value was for that year), taktum j&^ 
DARE DOMINO DAMNAS £sx.o. By the Same law, there 
was an action against a person for hurting any thing that be* 
'longed to another, and also for corruptins another man's 
slave, for double, if he denied, (adversus inficianteu 
IN duplum), L It princn D. de serp. corr. There was on 
^iccount c^the same crime, a praetorian action for double 
even against a person who confessed, /. 5. ('2. ibid. 

4. Personal injuries or affronts (INJURIiE) respected 
either the body, the dignity, or character of individuals.— *~ 
They were variously punished at different periods of the re- 
public* 

By the Twelve Tables, smaller inji^ries (.injuria leviores) 
were punished with a fine of twenty-five asses or pounds of 
brass. ' 

But if the injuiy was more atrocious ; as, for instance, 
if any one deprived another of the useofalimb, (si mem- 
BKUU HUP SIT, i. e. rap€rit)j he was punished by retalia- 
tion, (fa/ta;ie), if the person injured would not accept of 
any oth^r satisfaction, (see p. 198.) if he only dislocated or 
tx'oke a bone, c^ui os ex cenitalj^ (L e. ex loco ubigig-^ 
nituTy) ruDiT, he paid 300 assesy if the sufferer was a free- 
man, and 150, if a slave, GeU. xx. 1* If any one slandered 
another by defamatory verses, isi quis aliquempublice diffu^ 
massety eique adversus banos mores convicium fecissety af- 
fronted him-, vel carmen famosum in eum cendfdfsset)i he 

Mm 



m ROMAN ANTIQUltlES, 

was beaten witti a club, ffor. Sat. 4i« 1. v. 83« Ep. u. 1. v* 
154. Cornut ad Pers. SaU 1. as somes^y, to death, Cic. a- 
pud. Augustin. de civit. Dei^ ii. 9. & 12. 

But these larvps gradually fell into disuse, QttL xx. \» and 
by the edicts of the praetor, an action was granted o» ac- 
count of all personal injuries and afironts, only for a fine, 
which' was proportioned to the dignity of the person, and the 
nature of the injury. This, however, being found insuffi- 
cient to check licentiousness and indolence, Sulla made a 
new law concerning injuries, by which, not only a civil 5^c- 
tion,but also a criminal prosecution, was appointed for cer* 
tain injuries, with the punishment of exile, or working in 
the mines. Tiberius ordered one who had written defama- 
tory verses against him to be thrown, from the Taxpeian 
rock, Dio. Ivil 22. 

An action- might also be raised against a person for an in- 
jury d(X>e by those under his power, which was called AC* 
TIOl^OXALIS J as, if a slave committed theft, or did 
any damage without his master's knowledge, he was to be 
given up to the injured person, (si sea v us, inscientk 

BOMINO^ tU&TUM FAXIT, NOXIAMVE. KOXIX:, C^Q^^rit, 

i.e. damnum fecerit^) vo^.j^ deditor) : And sq if a 
beast did any damage, the owner was obliged to offer a 
Qompensation or give up the beast ; (si QUAORUf £s.]?a9* 
PEAiEM {damnum) faxit, dohinus noXiK ast^miam 
\damni astimationem) offerto : si nollit, i^uoniNAX*. 

ITDATO), 

There was no fiction for ingratitude, (oc^eotni^aft*) as a- 
mongthe Macedonians, cur rather Persians ; because^.says 
Seneca, all the courts at Rome, {.omirnkforth sc. /rw, deir, 
ii. 9.) would scarcely have been sufficient for trying it, Se^ 
nee. Benef. iii. 6. He adds a better reason ; quia bae cri-^ 
tneti legem eadere non debet p. c. 7. 

<4. Mixed afifif Arbitrary AcTiolfS. • 

Actions by which one sued for a thing, {rem ^perstque* 
batur\ were called Actiones rei fersecutoria. But a£f» 
tions merely for apehalty or punishment, were calkd PCE- 
NALES; for both, mix t^. 

Actions in which the judge was obliged to determine. 



JtfDICXAt P&OCEBDINGSi ^C* S59 

Strictly, according to the convention oYparfies, wete called 
.4<:rton(?^ STRICT! JURIS: actions which were detcrmin. 
cd bv the rules of eqtiity^ {ex kquo et bono)^ were called 
ARBITRARl^, or BONiE FIDEL In the former a 
certain thing, or the perforrtiance of a certain thing, Cc^te 
prestatto\ was required ; a sponsie was made, and the judge} 
was restricted to a certain form ; in the latter, the contrary 
of all thi^ was the case. Hence in the form of actions bona 
fidei about contracts, these words were added. Ex bona 
fide; in those trusts called jfrfttct>, Ut inter bonos 
BENE Aoi£E opo&TBT, ST SINE fravdationb ; and in a ques- 
tion about recovering a wife^s portion after a divorce, {in ar^ 
AefWd mt/xt?rf», and in all arbitrary actions. Quantum, 
velqvih ^qxrius, melius, CicdeOffic. iii* 15. Q. jRoscA* 
Topic. 17. 

IV. DIFFERENT KINDS OF JUDGES; JUDICES, 
ARBITRI, RECUPERATORES, ET CENTUM- 
VIRL 

AFTER the form of the writ was made out, (cdncepta 
actioni^ intentione\ 2did shewn to the defendant, the 
plaintiff requested of the pr«tor to appomt one person ot 
moire to judge of It, (judicetn wt\ judicium in eafn a prai&re 
postulabat). If he only asked one, he asked ajudeoc^ properly 
so called, or an flrAiVer. If he asked more than one, (ju^ 
dxcttimX he asked either those who were called HecuperO' 
tores or Centumviri. 

1. A JUDEX judged both of fact ancioflaw, but only 
in such cases as were easy and of smaller importance, and 
which he was obliged to determine according to an express 
law, oir a certain form prescribed to him by the praetor. 

2. An ARBlTERjudgcd in those causes which were call- 
ed bomtjidei^ and arbitrary ; and was not restricted by any 
law or tormy {totius ret arbitrium hahuit et potestatem^ ho 
determined what seemed equitable in a thing not sufficiently 
defined 1iy law, Festus), Cic. pro Rose. Com- 4. 5. Off. iii. 
16; Topic. 10. Senec. de Benef. iii. 3. 7. Hence he is called. 
HONORARIUS, Cic. Tusc. v. 41. de Fato, 17. Ad arbu 
irum veljmUcem ircy adtrcy eonfugere* Cic. pro Rose, Com. 
4. arbitrum sumere^ ibid, eopere^ Ten Heaut. iii. 1. 94* A- 



26e ROMAN ANTIQUITIES. 

^elpb. 1. 2* 43. AbbItritn adigere, L e- adarbitrnm m^ 
gere vel cogere^ to force one to submit to an arbitration, 
Cic. Off. '\\\. 16- Top. 10. Jid Arbitrtim vocare v^xtppel-^ 
lere^ Plaut* Rud. iv. 3* 99. 104. Ad w/apudjoi)icem4»- 
^^if experirty litigate^ petere. But arbiter ^x^judexsorbi" 
trium and judicium are sometimes confounded, Cwr. iSbi^r- 
^om. 4, 9. Am. 39. il/t^r. 12- Q,uint. 3. Arbiter is also some- 
times put for TESTIS, /7acir. 36. SaUust. Cat. 20. in:;, ii* 
4. or the master or director of a feast, arbiter bibendiy Hor^ 
Od. ii. 7. 23. arbiter Adria^ ruler, Id. i- 3. mam, having a 
prospect of, /rf. jB/)w/. L 1 1. 26. 

A person chosen by two parties by compromise {ex com^ 
promisso)j to determine a difference without the appointment 
of the praetor, was also called arbiter^ but more properly 

COMPROMISSARIUS. 

, 3. RECUPERATORES were so called, because by 
them every one recovered his own, Theopil. ad Inst. This 
name at first was given to those who judged between die 
Roman people and foreign states, about recovering and res- 
toring private thbgs, /V^^e/,f f>f reciperati^; and hence 
it was transferred to those judges who were appointed by 
the praetor for a similar purpose in private controversies 
PlaiiU Bacch. ii. 3. v. 36- Cic. in Cacin. 1. &c. C^ciL 17* 
But afterwards they judged also about other matters, Uv. 
xxvL 48. Suet. Ner- 17. Domit. 8^ GelL xx. 1. They wcro 
chosen from Roman citizens at large, according to some ; 
hut more properly, according to others, from the judices 
8ELECTI, (ear fl/6ajWirttm, from the list of judges), P/iff. 
^p. iiL 20. and in some cases only from the senate, Uv^ 
xliii. 2. So in the provinces (exconventu Romanorum dot* 
tim I. e. ex Romanis cioibus qui juris et judiciorum causa in 
4:ertumtocum coifVESiRZSQlebant. See. p. 1734) Gc. Ferr. 
ii. 13. V. S. 36. 59. 69- C^s. de Bell, Qiv. ii. 20. 36. iii. 2L 
29. where they seem tqhavejudged of the same causes as the 
Centumviri at Rome, Cic. Verr. iii. 11. 13. 28, 59. A trial 
before the JRecuperatores^ was called Judicium rkcupkrato- 
HiuM, Cic. de Invent, ii. 20. Suet. Fespas. 3. cum ahquo 
secuperatores sumere^ vel cum ad recuperatores adducere^ 
%o bring one to such a trial, Liv. xliii, 2. 
4. CENTUMVmi were judges chosen from th«thi^ 



ItTDiciAi Proceedings, ^c. 261 

five tribes, three from each ; so that properly there were 105 : 
but they were always named by around number, cvmtum- 
viHi, JPestus* The causes which came before them (causa 
ctntumvtrales) are enumerated by Cicero^ de Oral. i. 38. 
They seem to have been first instituted soon after the crea- 
tion of the Prsetor Feregrmus. They judged chiefly con- 
ceming testaments and inheritances, Cic. ibid. — pro Cacin. 
18. AWnfT* Max. vii. 7. QuinctiL iv. 7. Pitn. iv. 8. 32. 

After the time of Augustus they formed the council of 
the pr«tor, and judged in the most important causes, Tacit, 
de Orat. 38. whence trials before them (JUDICIA CEN- 
TUMVIRALIA), are sometimes distinguis^ied from pri- 
vate trials, Plin. Ep, 1. 18. vi. 4. 33- QuinciiL iv. 1- v. 10. 
but diese were ilot criminal trials, as some have thought^ 
Suet. Vesp* 10. for in a certain sense all trials were public, 
(JuDiciA publica), Cic.pro Arch. 2, 

The number of the Centum viri was increased to 180: and 
they were divided into four councils, Plin- Ep. 1. 18. iv. 
24. vi. 33. QuinctU. xii. 5. Hence Quadruplex judi- 
ciuM, is the same as centvuviralb, ibid, sometimes only 
into two, Quinetil. v. 2. xi. 1. and sometimes in important 
causes they judged altogether, Faler. Max. vii- 8. 1. Pltn* 
Ep. vi- 33* A cause before the Centumviri could not be ad-, 
joumed, PUn. Ep. 1. 18. ♦ 

Ten men (DECEMVIRI) see p. 159* were appointed, 
five senators and five equites, to assemble these councils, 
and preside in them in the absence of the praetor, Suet. Aug* 
36. 

Trials before the centumviri were held usuaDy in the JBa- 
sUicaJnlxa^ Plin. Ep. ii. 24. Quinctil. xii. 5* sometimes in 
the Forum. They had a spear set upright before them, 
Quinctil. \. 2. Hence judicium hastiCy for centumvirale, Fa^ 
ler. Max. vii. 8* 4. Centumviralem hastam cogere^ to as- 
semble the courts of the Centumviri, and preside in them, ' 
Suet^ Aug. 36. So Centum gravis hasta virorum, Mart. jB- 
pig.vn. 6QL. Cessat centeni moderatrix judicis hasta^ Stat. 
Sylv* iv. 4. 43. 

The tftfnfttm»tn continued to act as judges for a whole 
year ; but the other judices only till the particular cause 
was determined for wMeh they were appomted. 



362 ROMAN ANTIQUITIES. 

The DECEMVIRI also judged in certain causes, ^ic. 
Cacm. SS.Dom. 29. and it is thought that in particular cases 
Aey previously took cogmzance of the causes which were 
to come bef(»ie tht centumviri: and their decisions were 
called PuiBjirDicrA, Sigonius de Judic. 

V. The APPOINTMENT o/a JUDGE or JUDGES, 

OF the above mentioned judges the plaintiflf proposed to 
the delfendant iadversario ferebat)^ such judge or 
judges as he thought propo", according to the words of the 
^ann0,KiiTXBssET: (^Hcnce Judic km vol *«« veiuie alicvi, 9t 
ITA £$S£T| to undertake to prove before a judge, or jury 
that it was so, Liv. iiL 24. ST. viii. 53. CU> Qjuini. 15. de 
, OraU n. 65.) and asked that the defendant would be cootent 
with the judge or judges whom he named^ and not ask ano- 
ther, (ne alium proc auet, i. e* posceret^ Festus> If he ap* 
proved, then the judge was said to be agreed on, coitvbni- 
AB, Cie. pro Q. Rose. 15. Cluent, 43. Faler. Max. ii. 8. 2. 
and the plaintiff requested of the praetor to appoint him, in 

these WOrdSt PrATOR^ JU^ICEK ARBITRUMT^ POSTVLO, UT DMltf 
BIEM TBRTIUM BIVB FERXVDIMUM, Cu> pTO Mtif* 12. Voler^ 

Prob. in Notis^ and in the same manner r^cuperatores were 
asked, Cic. Verr. iii. 58. hence ^'nrfrr^j dare^ to appdntone 
to take his trialh^efore the ordinary jWecw, PUn. Ep. iv, ®. 
But centumviri were not asked, unless both parties sub- 
scribed to them, P/w. £p. V. 1. 

If the d^ndant disapproved of the judge proposed by the 
plaintiff, he said, Htjnc ejbro vel volo, Ctcde Ora$* ii. 
70. Plin. Paneg* 36. Sometimes the plaintiff desired the 
defendant to name the judge, Cut judicem DiaE»ET)i 
LiO' iiL 5€« , 

The judge or judges agreed on by the parties, were ap« 
pointed (dabaxtur uf/ADDiGBBANTUR), by theprastcN*, 
with a certain form answering to the natui?e of the actim. 
In these forms the praetor always used the words, SI PA* 
RET, i* e. apparet; thus, C. AcquiLU, jxjdsxesto* S| pa- 

»BT, rVHUVU CAPSKATEll, DE qUO SeEVILIVS AGIT CUM CitTV|.0, 
SeRVILII esse ex juke qUIRlTIVlt, KEqUE IS SERVIULO A CaTVI^ 

xBSTiTu ATUE, Tuat Catvlum co9i>bmna. But if thfe d^cndaut 
made an exception, it was add^ to the fcrm, thus ; ttn^ 



%VKM U nSTAMBHTUM 9aoi»ATV&» quO APPARBAT CktVLt K8»* 

If the praetor refused to admit the excepdon» an appeal might 
be made to the tribunes, Cic. Acad. Quasi. \v. 30. The 
prae^^ if he thought proper, might appoint different judges 
firooi those chosen by the parlies, although he seldom did 9> 
And no one could refuse to act as a judex^ when requiredt 
without a just cause, Suet, Claud. 15, Plin. Ep. iii. 20. Xm 
66. 

The prsetor next prescribed the number of witnesses ttt 
be called C^m'^f/^ (/mrm^rtafr^eir fd^^tmemtum), which com- 
TOonlV did not exceed ten. Then the parties, or their agents,, ' 
CPROCURATORES), gave security (satisdabaht) that 
what was decreed should be paid, and the sentence of thcT 
judge held ratified, (Judicatitm sotvt et rkm hat am kaobbi): 

In arbitrary causes a sum of money was deposited by 
bodi parties, called COMPROMISSUM, Cic. prd Rose^ 
Com. 4. Ferr. iL 27. adQ. Fratr. ii- 15. which word is also 
ttsal for a mutual agreement, Cic. Fam. xii. 30. 

In a personal action, the procuratorct only gave security : 
those o( the pltintiff, to stand to the sentence of die judge ; 
v\A dios6 of the defendant, to pay what was decreed, Cic. 
(ttdfft. 7. Att. xvi. 15. 

in certain actions the plaintiff gave security to Ae defend- 
ant, that no more demands should be made upon him on the 
same account, (^a^iomtWdr 5^ NEMnrEM auplivs ve/posTBA. 
PKTinmuM), Cie. Brut^ S. Rose. Com. 12. Fam. xiii. 29. 

After this foflowed the LITIS CONTESTATIO, ora 
short narration -of the cause by both parties, corroborated by 
the testimony of witnesses, Cic. Att. xvi. 15. Rose. Com. 
11, 12, 18. Festust Macrob* SaU iii. 9. 

The things done in court before the appointment of the 
judicesj were properly said in jure fieri, after that, i» judi- 
cio ; but this distinction is not always obsetved- 

After the judex or judices were appointed, the parties 
warned each other to attend the third day after, (inter se in 
perendinum diem, ut ad judicium venirent, denunciabant)^ 
which was cafled COMPERENDINATIO, orcoMDicxMH 
Ascon. in Chc-^Festus ; Oetl. xiv. 2. But in a cause with 
a foreigner, the day was called DIES STATUS, Macrob. 
&^ i. 16, States eondietus oum hosted, e. cum peregrino, 
Cic. Of. I 32.) nm. Plaut. Cure. 1 1. 5- Gelt, xvi- 4. 



264 ROMAN ANTIQUITIES. 

VI. The MANNER o^ conducting a TRIAL. 

WHEN the day came, the trial went on, unless the 
judge, or some of the parties, was absent from a ne- 
cessary cause, {ex morbo vd cama sontica^ Festus) ; in ^vhich 

. case the. day was putoff, (difpissus est, i. t. prokUuSy 
GelL xiv, 2.) 

If the judge was present, he first took an oath that he 
would judge according to law to the best of his judgment, 
(Ex ANiMi sententia), Cwr. •/fcrarf. Q. 47. at the altar, 
(firam tenens, Cic. Flacc. 36-) caUed PUTEAL LIBO- 
NIS, or Scribonianum^ because that place being struck with 
tixxxxxA'STy^fulmineattiictus)^ had oeen expiated (pnig/r^««,) 
by Scribonius Libo, who raised over it a stone covering^ 
(suggestum lapideum cavum)y the covering of a well, iput^i 
dperculum^ vel p u x e a l) , open at the top, (superne aperfum^ 
Festus), in the Forum ; near which the tribunal of the ^f^dtxx 
used to.be, Horat- Sat. ii. 6- r. 35. Ep. i, 19. 8. and where 
the usurers met, Cic. Sext. 8. Ovid, de Rem. Am. 561. It 
appears to have been different from the Puteai^undtr which 

^ the whetstone and razoi: of Attius Navius were deposited^ 
Cic^ de Divin. i. 17. in the vomitium at the left side of the 
senate-house, Liv. i. 36. 

The Romans, in polemn oaths, used to hold a flint-stooein 
their right*hand, saying. Si sciens fallo, tum me bies* 

JPITER, SALVA URBE ARCEqUE, BONIS EJICIAT, UT EG© 

HTJNc LAPiDEM, Festtu in Lapis. Hence Javem lapiiem 
jurare^ for per Javem et lapidem^ Cic. Fam. vii. 1. 12. Liv. 
xxi. 45. xxii, 53. Gell. i. 21. Th^ formula of taking an 
oath we have in Plant. JRud. v. 2. 45. &c. and an account 
of different forms, Cic. Acad. iv. 47^ The most solemn oath 
of the Romans was by their faith or honour, Dkmys* ix. 
10, & 48. xi. 54.^ 

' The judex or Judice^ after having sworn, took theijr .seats 
in the suhsellid {quasi ad pedes pratoris) ; whence they were 
called JUDICES PEDANEI ; and sederb is often put 
forcocNoscEREjtojudge, P/»i. JS'/?.v. 1. vi. 33. sedejijb 
AUDiTURUs,/rf. vi'31. Seder.e is also applied to an advo- 
cate while not pleading, Plin- Ep. iii. 9. f. 
Thejudexy especially if there was but one, assumed some 



lawyers to assist lum with their council, {sibi adoocaviU ut in 
consilio adessenfy Cic. Quint 2. in consilium rot^auit^ Gell. 
xiir. 2.) whence they were called CONSILIARII, SueL 
Tib. 33, Claud. 12, 

If any one of the parties were absent without a just excuse, 
he was summoned by an edict, (see p. 131.) or losthis cause, 
Cic. Quint. 6. If the praetor pronounced an unjust decree 
in the absence of any one, the assistance of the tribunes 
might be implored, ttnd. 20. 

. If both parties were present, they first were obliged to 
swear, that they did not carry on the law. suit from a desire 
of litigation, (Calumkiam jurarb, vel de calumnia)^ Liv* 
xxxiii. 49.Cic.Fam.viii. 8.— L 16. DJurej. Quodinjuratus 
in codicem refetre noluit^ sc. quia/alsum etat^ w/ jurare in li- 
tem non dubitetj i. e. idsibi deberi^junjurando confirmare^ 
Rtis obtmenda causse^ Cic. in Rose. Com. 1. 

Then the ad viocates were ordered to plead the cause, which 
lliey did twice, one after another, in two different methods^ 
Appian. cfc Bell, Civ. i. p, 663. first briefly, which was call- 
edCAUSiE CONJECTIO, quasicausa in breve coactio, 
Ascon. in Cic. and then in a formal oration, Cjtista ora^ 
tione perorabantj Gell. xvii. 2.) they explained the state of 
tfie cause, and proved their own charge {actionem) or defence 
(in/hiationem vd exceptionem\ by witnesses and writings^ 
{testibus et tabtilisX and by arguments drawn from the cas<5 
itself, (ex ipsa re deductis\ Cic. pro P. Quinct et Rose. 
Cora.— -Gell. xiv. 2. and here the orator chiefly .displayed 
his art, Cicde Orat. ii. 42, 43,44, 79, 81. To prevent them, 
however, from being too tedious) ne in immensumevagaren-^ i 
tur)\ it was ordained by the Pompeian law, in imitaticwi of 
the Greeks, that they should speak by an hour-glass, (ut ad 
CLEPSYDRAM dicerenty i. e* vas vitr€um\ gracUiterJis'- 
tulatumy in /undo cujus erat foramen^ unde aqua guttatim 
efflueret^ atque ita tempus metiretur ; a water -glass^ some^ 
what like our sand-glasses, Cic. de Orat. iii- 34). How many 
hours were to be allowed 4o each advocate, was left to the 
ju&ces to determine, Ctc. Quint. 9. Plin.Ep^ i. 20. iv. 9. ii, 
11. 14. i. 23. vi. 2. 5. Dial de Caus. Cbrr^ Eloq. 38. These 
glasses were also used in the army, Feget. iii. 8- Cas^ de Bell 
G. V4 13. Hence dare vdpetere plures clepsydras^ to ask 

Nn 



266 ROMAN ANTIQUITIES. 

more time to speak : Qucttesjudico^ quantum quispbtrimum 
postulat aqua do^ I give the advocates as much thne as they 
require, Flin. Ep. vi. 2. The clepsydra were of a different 
length ; sometimes three bf them in an hour, Plin. Ep^ ii. 
11. 

The advocate sometimes had a person by him to suggest 
{qui subjiceret) whdXht should say, who was called MINI- 
STRATOR, Ci€. de Otat. li. 75. I^lacc. 22. A forward 
noisy speaker was called Rabula, (a rqbie^ quasi latr a- 
Ton), vel proclatnator^ a brawler or wrangler, Ctc. de Orai. 
i. 46. 

Under the emperors, advocates used to keep persons in 
pay, {conducti ei redempti MANCIPES), to procure for 
them an audience, or to collect hearers, (trorwam coSigere^ 
auditor es v. audituros corrQgare)^ who attended them from 
court to court, {ex jucKcio in judicium), and applauded 
them; while they were pleading, as a man who stood in .Ac 
middle of them gave the Yfordyiquum m^^xi^t^ dnSt signuni). 
t^ach of them for this service received hb dde, fspf>rtuUi) 
or a certain hire, par merees, usually three denarii, near 2jb 
sterling) ; hence they were called l audic^ni, i. e. qtd ob 
canam laudabant. This custom was introduced by one Lar- 
gius Licmius, who flourished under Nero and Vespasian ; 
and is greatly ridiculed by Pliny, Ep. ii. 14. Sec also, vi. 2. 
When a client gained his cause, he used to fix a garhnd of 
jreen palm {virides palma) at his lawyer's door^JuvenaL vii. 
118. 

When the judges heard the parties, they were ssud iis ofe - 
RAM DARE, /. 18. pr D- dc judic. How inattentive 'diey 
sometimes were, we learn from Macrobius, SatttmaL ii. 

12. ; ^ 

VII. THE MANNER OF GIVING JUDGMENT- 

THE pleadings being ended, (causa utrinque ptroratu), 
judigment was given after mid^day, according to the law 
ofthe Twelve Tables, Post uz%tnizu prasevti i<tL 
amsi unus tantum prasenssit), litem adjdicitoi h^tk- 
cidito. 

If there was any difficulty in the cause, the judge some- 
%ies took time to consider ii, di^fi diffindi, L.€. ^^ferijus- 



3iV» vr AMPiius o£LiB£BAR£T^ (TVr. Phorm. ii. 4. 17*) 
if, after aU, he remained uncertain, he said, (jdiocit vAjura^ 
inty, MIHI NON LIQUET, I am not dear, GelL xiv. 2. 
And thus the afiair was either left undetermined {injudicatd)^ 
GelL V. 10. or the cause was again resumed (secunda actio 
mstituia esi\ Cic, CaBcin.2« 

If there were several judges, judgment was given accord^ 
ing: to tiie opinion of the majority, (sententia lata est de plti^ 
rium sententia) ; but it was necessary that they should be 
all present. If their opinions were equal, it u'as left to the 
praetor to determine, /. 28, 36, &f 38. D. de re jud. The 
judge commonly retired, (secessit)y with his assessors to 
deliberate on the case, and pronounced judgment according 
to idieir opinion, (^ex constln sentential Plin. £p. v. 1. vi. 

The sentence was variously expressed ; in an action of 
freedom, thus, VIDERI sibi hitnc hominem LIBE- 
KUM ; in an action of injuries, VIDERI jure fecisse 
vel NON FECISSE ; in actions of contracts, if the cause vvas 
given in favour of the plaintiff, Tixiuitf Seio xjentuw 
coNDEMNo ; if in favour of the defendant. Secundum 
II.I.UM LITEM DO, Fal. Max- ii. 8. 2, 

An arAtf«^gave judgment, (arbitnum pranunciavitj^ tlius, 

ARBITRORtE hoc MODO SATISFACERE ACTORI I3E- 

BERE^ If the defendant did not submit to his decision, 
then the arbiter ordered the plaintiff to declare upon oath, 
at how much he estimated his damages, iquanti litem asti-^ 
maret)y and then he passed sentence, isentmtiam tultt)^ and 
condemned the defendant to pay him that sum : thus, Ce n- 

TX/M ©E cyjIBUS ACTOE IN LITEM JURAVIT, REDDE, /. 

18. D. dedolo malo. 

VIU. WHAT FOLLOWED AFTER JUDGMENT 
WASGtVEN. 

AFTER judgment was given, and the law-suit was de- 
tcrminedj {lite dijudicatajy the conquered party was 
oUig<ui to do or pay what was decreed, judicatum face- 
RE b^/eoivERE); and if h^ failed, or did not find securi- 
ties, (sponsares vel vindicesj, within thirty days, he was giv- 
en up, (jUDicATtrs, i* t.damnktus et addictus estj^ by 
the prasttH- to his advCFSary, (to which ctfstpm Horace 4. 



m: , ROMAN ANllQUITIES- 

lilies, Od, iii. 3« 23.) and led away (ABDUCf v&) by faiiu, 
tos^rvkude, Cic. Flacc. 19. Liv. yi. 14, 34. &c* Plaut. Pnen. 
iii. 3, 94. Asm. v. 2, 87. Gell. xx- 1. Theses thirty days are 
called in the Twelve Tables, DIES JUSTI j rebus avu* wm- 

CATXS, XXX. DIES 1U8TI SUVTO» POST DEUiPE MANUS iN JECXIQ JE«- 

TO, III juft DUCiTo. See p. 49» 

. After sentence was pass^, the matter could not be alter«> 
ed; hence ag£b£ ACTUsf, to labour in v£un». Cic. Amic* 
22. Attic, ix* 18- Ter^Phorm.n, 2, 12. Actum e^tf acta ^st 
res ; periiy all is over, I am undone, Ter. Andr. iii, 1. 7» •rf- 
delph^ iii 2. 7 Cic. JPam. xiv. 3- Actum est de mc^ I am rain- 
ed, Phut. Pseud. \. 1, 83. De Sermo actum rati^ that all 
was over with Servius, that he was sUan, Liv. i. 47. So Suet. 
JSJer. 42. Actum, (i. e. ratum) habeba gupd egeriSf Cic. Tusc* 
iu-21^ 

In cert^n cases» ei^)eciaUy when any mistake (»* fr^i4 h^d 
been comtiutted, the |»r8etor reversed the semence df ihe 
judges, {remjudicatamresciditJ; in which case he wa^said 
damnatQs in int£c&um BfisxixuERE, Cic^ Ferr. v« 6. 
Cluent. 36. TVr. Phorm^ ii. 4- 11. or jirj>xciA.B£8XiTUS« 
IMJ. Cwr. ^tfrr* ii. 26. , 

After the cause was decided^ the defendairt, when s^oqutt*. 
t^, might bring, an action against the plaintiff for false^iecn- 
satiop, Cactorem CALUMNLE postulabeVCwt. fir^ 
Oumt. 3 1. HenceCAi^uxN I a litium^ i. e. Utesi>€r cahsm-^ 
niam in^m^ir, unjust kw-suits, Cu^ iW« 27. Caiummarum 
pieiwnu^iceref of ialae accusations. Suet. Cas. 20* FiiitlL 7« 
JD^mit, 9. F^retabnmmm^ i. ^cdumma canvietum.estCm 
vfA caiumnia danmari aut de^alumma^ Cic. Fam. yiiL 8* 
Gell' xiv. 2« Caktmmam nan effugiet^ he wHl not ^1 to be 
condemned for false accusation^ Cic. Cluentn 59* i I r^u^ 
rut existunt c Alumnia,!. e. calKda etfi^alitiQsa Juris inter^ 
pr^tatione, Cic. Off. i. 10. Calumnia timarist the misre- 
presentation of fear, which always imagines things worse 
than, they ar^ Fam. vi. 7. Calumnia religionism a false fwe* 
text of, ibid. i. 1. calumnia dicendiy speaking to waste the 
time, Att. iv. 3. Calumnia panr^ftfm, detraction^ SaUmH* 
Cat' 30. CiC' Acad. iv. 1. So CALXIMSIABl^/alsam A- 
f^m intendere, et calunmiatar^ &c. 
. ^l^ ws^s a|so an action a^ainsta jud^, if Jtie was ms^ 



JuDICXAt PROCCKDIKGS, tsfC. . 9ft9 

pected of having taken money from either of the parties, dr 
to have wilfully given wrong judgment (iiolo mob vd xm» 
periiia). Corruption in a judge was, by a law of the Twdvfe 
Tal^es, punished with death ; but afterwards as a crime of 
extoition, (rtpettmdartnn). 

If a judge from partiality or enmity {gtatia vel immieitid)^ 
evidendy favoured either of the parties, he was said Litxm 
svAM FACERS, Ulpton. GcB. X. 1' Cicero applies this 
phrase to an advocate too keenly interested for his client, dk 
Qro/. fi.75. 

In certain causes the assistance of the tribunes was askedi 
(tribitwi APPELtABANT0R), Cic' Qumi. 7, 20- 

As there was an appeal (APPF4LL ATIO) from an infe- 
rior t6 a superior magistrate, Iav. iii* 56. so also from otit 
court or judge to another, {ab inferior e ad superius tribunal^ 
vcl-ex mmoreadmajorem judicem^ pratextu inigui gratm* 
mms<^ of a grievance, vel injusta sentmtue), Ulpian, Th^ 
an>eal was said, ADMITTI, recipi, non recifi, fts« 
?i7DiARi : He to whom the appeal was made, was said|DB 

wItX APPELLATIOKB COaNOSCERE, JUDXCARE, SfilT*' 
TENTIAM niCERE, PRONUNCIARE APPEtLATIOKSJK* 

JUSTAMT^e/lNJUSTAM ESSE* 

After the subversion of the republic, a final appeal waft 
made to the emperor, both in eivil^and criminal affasps, Stiet^ 
Jug. 33. Dio. lii. 33. Act* Apost. xxv. IL as formerly (p ho* 
t^dc ATxo) to the people in criminal trials, Suei. Gts^ 13^ 

At ikst diis^might be done freely, {oMeavacmim tdsoh^ 
tumqu^ pcsnafueru^j butaf terwards under a certain pem^^^^ 
Tacii^ Annal. xiv. 28» Caligula prohifaxted any appeal to. 
him, (magistrates liberam jurisdictionem, €t sine suip$v* 
voeatime^cor9tesiit)i Suet* Cal. 16. Nero ordered sdl*appeals 
to be made from ^vate judges to the senate. Suet. AW*. 17. 
and under the same penalty as to the emperor, iut ejusdem 
pefsttma perteulumfaofrent^ cujus, it qui imperatoretn appeh 
lavereX Tacit, ibid. So Hadrian, Digest, xliv. 2, 2. Even 
the lemperor might be requested by a petition (libeilo)^ 
torevkw hij own decides, (sENTEKTiAMStJAM reteac- - 

TAR*> • • 



27& ROMAN ANTI^UITIEg. 

n. CRIMINAL TRIALS, (PUBLICA JUDICIA). 

CRIMINAL trials were at first held iexercebantur) by 
the kings, Dionys.n. 14. with the assistance of a coun- 
cil, {cum consUio)^ Liv. i. 49. The king judged of s^eat 
orimes himsdf, and left smaller crimes to the judgmieiit of 
the senators. 

Tullus Hostilius appointed two persons (DUUMVIRI) 
totiy Horatiusfor killing his ^ster, (qui Haraho ptrduetii^ 
tmemjtidicarent)^ and allowed an apps^al from their sentence 
to the people, Lw. u 26. Tarquinius Superbus, judged of 
capital crimes by himself alone, without any counsdlecst 
iw. i, 49: 

1 After the expulsion of Tarquin, the consuls at first judged 
and punished capital crimes, Uv* ii. 5. Dionyn. x* L Bui 
after ^ law of Poplicola concerning the liberty of j^peal, 
(see p« 117.) the people eidier judged themselves in capital 
affiurs, or appointed certain persons for that purpose, with 
the concurrence of die senate, who were called QUi£Sl- 
TORES, or Quastores paricidii, (see p. 134»> Sometunes 
:Ae consuls were appointed, Liv* iv. 5 1. Sometimes a. diota- 
tor and master of horse, Uv. ix. 26. who were then called 

QUJSSITORBS. 

The senate also sometimes judged inicapital' afiairs,. Sal- 
bat. Cat. 51, 52. or appomted persons todb so, Lio. ix..26f 

But after the institution of the Qusestianei perpetua^ (aee 
p. 134.) certain pr^tors always took cognisranceof oeftain 
eximes, and the senate or people seldom mterfered in this 
matter, unless by. way of appeal, (x* on extraordinary otea* 
sions. 

I. CRIMINAL TRIALS bef^e the PfeOPLE. 

TRIALS before the people (JUDICll ad populum,) 
were at first held in the Comiiia Curiata^ Crc, pro MU. 
3. Of this, however, we have only the example of Horatius, 
ibid. 

After the institution of the Comitia Centuriatami Tribu- 
ta^ all trials before the pe(q)le were held in thehi ; cx^^ 
trials, in the Comitia Cmturiata ; and ccmceming a fine, in 
the Tributa. 



Judicial Psot:££DiirGS, &c. 271 

Those trials were called CAPITAL, which respected the 
life or liberty of a Roman citizen. There was one trial of 
this kind held in the Comitia by tribes, jiamely of Coriola>« 
nus-, Iav> n. 35. but that was irregular, and conducted with 
violencei Dionys* vii. 38, &c* 

Sometimes a person was said to undergo a capital trial, 
perictdum capitis adire^ causam capitis vtlpro capite dieere,^ 
in a civil action, when, besides the loss of fortune, his char- 
acter was at stake, {cumjudtdum esset defamafortumsque\ 
Q'Ki. pro Quint. 9. 13, 15. Off. i. 12. 

The method of proceeding in both Comitia was the same : 
and it was requisite that some magistrate should be the ac« 
cuser. 

In the Comitia Tributa the inferior magistrates were usu«, 
^Uy the accusers, as the tribunes or «diles,.Zm. iii. 55. iv, 
21. VaL Max. vi. 1, 7. GeH x. 6 $ in the Comitia Gmturin 
ala^the superior magistrates,as the consuls or pnetors ; some^ 
times, also the inferior, as, the quaestors or tribunes, Uv. it* 
41. iii. 24, 25. vi. 20. But they are supposed to have acted 
by the audiority of the consuls. 

No person could be brought to a trial, unless in a private^ 
statbn. But sometimes this tule was violated, Gc^ pra 
JFlacc. 3. Xfi;. xliii. 16. 

The magistrate who was to accuse any one, having call- 
ed an assembly, and mounted the JRostra, declared that he 
would, against a certain day, accuse a particular perscKi of 
a particular crime, and ordered that the person accused (r^« 
ir^) should then be present. This was called DIC£R£DI^ 
EM, se« aecusationisy vet did dictio. In the mean time the 
criminal was kept in custody, unless he found persons to 
^ve security for his appearance, (SPONSORES eum inju^ 
, dido ad diem diotam sistendij aut mulctam/qtia damnatus^ 
tssei^ sohendi)^ who, in a capital trial, were called VADES^ 
Lvo. iii. 13. XXV. 4. and for a fine, PR^EDES,' OelL vii. 
19\ Auson. EidyU* 347. (a prttstandoy Varr. iv. 4.) thus, 
Prastare aliquem, to be responsible for one, Cic» ad Q- Fr. 
i. 1, 3- Ego Messalam C^Psari pr^estaiot ib* ni* 8. So, jltt. vi- 
3. PHn. Pan. 83. 

When the day came, the magistrate ordered the criminal, 
ft) be cited from thtjiostra by a herald, /Jv. xxxvffi. 51. 



2?2 A HOMAN ANTIQUITIES^. 

Suet Tib. 11. If the criminal was absent, without a valid 
reason, (sine CAUSA SONTICA), he was condemned. 
If he was detained by indisposition or any other necess^ary 
cause, he was said to be excused, (EXCUSARI), in/, ibid. 
52. and the day of trial was put off, {dies PRODICTUS 
Tel productus est.) 

Any equal or superior magistrate might, by hb n^ative, 
hinder the trial from proceeding, ibid. 

If the criminal appeared, isi reus se stitisset^ vel, si siste^ 
retur) and no magistrate interceded, the accuser entered up- 
on his charge, (jaccusationem instituebat) which was repeated 
three times, with the intervention of a day between each, 
and supported by witoesses, writings, and other proofs. In 
each charge the punishment or fine was annexed, which was 
called ANQUISITIO. Sometimes the punishment at first 
proposed, was after\vards mitigated or increased, hi mutcta 
temperarunt tribuni ; quum capitis anquisissent^ Liv. ii- 52. 
Quum tribunus his pecunia anquisissent ; tertio se capitis an^ 
quirere dicer et^ &?t. Turn perduelianis sejudicar^eCn. FtUvio 
dixit^ that he prosecuted Fulvius for treason, Im. xxvL 3. 
• The criminal usually stood under the Rostra in a mean 
garb, where he was exposed to the scoffs and railleries fpro- 
hris et conviciisj of the people, ibid. 

After the accusation of the third day was finished, a Inll 
(ROGATIO) was published for three market-days, as coo- 
ccrning a law, in which the crime and the proposed puni^- • 
ment or fine were expressed. This was called MULCTiE 
PCENjEVE IRROGATIO; and the judgment of the 
people concerning it, MULCTS PGENiE VE CERTA- 
TIO, Cic. de Legg. iii. 3- For it was ordamed* that a capi- 
tal punishment and a fine should never be joined together, 
{ne poena capitis cum pecuniaconjungereturX Cic. pro Dom. 
17. ( Fribuni plebis omissa mulcts certatione^ rei capitalis 
Pasthumio dixerunt\ Liv. xxv. 4- 

On the third-market day, the accuser again repeated his 
charge : and the criminal, or an advocate ipatronus) for 
him, was permitted to make his defence, in which every 
dung was introduced, which could serve to gain the favour 
of the people, or move their compassion, Cic. pro Babir. 
Liv. iii. 12. 58. 



JVDICXAL P&ocKEbiircs, ffc. '' 37$ 

Then the Cbmtfta were summoned against a certain day^ 
in nrhich ihc people by their suflSrages ^ould determine the 
fate of the criminal. If the punishment proposed was only 
a fine, and a tribune the accuser, he could sunmion the Co* 
tniiia JMbuta himself; but if the trial was capital, lie asked 
a day for the Comiiia Centuriaia from the consul* or in hb 
abfience^ from the plraetor, lav. xxvi. 3. xliii. 16. In a ca- 
pital trial the people were called to the Comiiia by a tram- 
pet« (elassico\ Seneca de Ira^ i. 16- 

The criminal and his friends in the mean time used eveiy 
Hiediod to induce the accuser to drop his accusation^ iaccu^^ 
satime desUtere)* If he did so, he appeared in the assembly 
of the people, and said SEMPRONIUM NIHIL MO- 
ROR, Liv. iv. 42. vi. 5. If this could not be effected, liie 
usual arts were tried to prevent the people from voting, (see 
p. 96.) or to move their compassion, lAv. vi. 20. xliii. 16. 
Gelirm.4. 

The criminal laying aside his usual robe, (toga a&d) put 
<m a joft&f, i. e. a ragged and old gown, (sorcSdam et obsole- 
tarn) Uv. ii. 61. Cic. Verr. i. 58. not a mourning oncipuL 
iam vet atratn)^ as some have thought ; and in this garb^ 
went round and supplicated the citizens ; whence sordes or 
sguahr is put for guilt, and sordidati or stfualidi for crimi- 
nnh. His friends and relations, and others who chose, did 
tiiesame, Liv. iii. 58. Cic. pro Sext. 14. When Cicero was 
impeached by Clodius, not only ihtequites^ and many young 
noblemen of their own accord, iprivato consensu) ^ but the 
whole senate, by public consent, (publico cansUio)^ changed 
their habit Cvestem mutabani) on his account, Hid. 11, 12, 
wUeh he bitterly complains was prohibited by an edict of 
the consuls, e. 14. Pis. 8, Sc 18. post redit in Sen. 7. Dio. 
xxxvii. 16. 

The people gave their votes in die same manner in a trial, 
as in passing a law> (See p. 100.) Liv. xxv. 4. 

If any thing prevented the peoide from voting on the day 
of the Camiiuiy the criminal was dischaiged, and the triat 
eouM not again be resumed, fsi qua res Ulum diem out aus- 
pteiis out excusatiane susiubt^ iota causa judiciumgue sub^ 
latum est) J Cie. pro Dom. 17. Thus Metellus Celer saved 
Rabirius from beins condemned, who was accnsed of ^ 



2/4 KOMAN ANTIQUmES* ^ 

murder (^Satuminus forty years after it h^pened, CSci pro 
JRabir. by pulling down the standard, which used to be set 
up in the Janiculum, (see p. QO*} and thus dissolving the as- 
sembly, JXo. xxxvii. 27. 

If the criminal was abseivt on the last day of bis trials 
i^n cited by the herald, he anciently used to be called by 
the sound of ^ trumpet^ before the door of his house, from 
the citadel; and round the walls of the city, Farr. de IaU. 
Zdng. V. 9. If still he did not appear, he was banished* Ceac- 
iUum ei sdscebatur) ; or if he ft^ the country through fear« 
his banishment was confirmed by the Comitia Tributa* 
See p. 106. 

IL CRIMINAL TRflALS before INQUISITORS. 

INQUISITORS(QU^SITORES) wcrepersons invest- 
ed with a temporary authority to try particular crimes. 
They were created first by the kings, Liv, i. 26. then by the 
people, usually in the CotnUia Tributa^ iv. 51. xxxviii. 54. 
and sometimes by the senate, ix. 26. xliii. 6. In the trial of 
Rabirius, they were, contrary to customi appointed by the 
pr»tor, Dio. 37, 27, SueU Cas- 12. 

Their number varied. Two were usually created, (DU- 
UMVIRI), Liv. vi. 20. sometimes three, SaliusL Jug. 40. 
and sometimes only one, Ascon. in Cic pro Mil. Their au- 
thority ceased when the trial was over, (see p- 134). The or* 
diriary magistrates were most frequently appointed to be in- 
quisitctrs ; but sometimes also private persons, Liv. passim. 
There was sometimes an appeal made from the sentence of 
the inquisitors to the people^ as in the case of Rabirius, Suet. 
Cas. I I'Dio* xxxvii. 27. Hcna^ DeferrejudtciumasubselH' 
is in rostra^ i. e. ajudicibus adpopulum^ Cic Cluent 6. 

Inqu4sitors Iiad the same authority, and seem to have con« 
ducted trials with the same formalities and attendants^ as 
the praetors did after the instituti(Hi of the Qtuestiones per- 
petua. To the office c^ Qu^sitares Virgil ^ludeSt Mtb. vi, 
432. Ascon. in action, in Ferr. 

CRIMINAL TRIALS before the PRffiTORS^ 

THE pra&tors at first judged only in civil causes ; and 
only two of them in these, the praetor Urbanus and Pe^ 
Tegrinus. The other praetQrt were sent to govern provinces. 



Judicial Proceedings, 6?c. il7S 

jAJIcrfaninal trials of imporiaiioe were held by uiqtti$it<x« 
created on purpose. 

But after the institution of the Qumstione^ perpetu^^ A* 
TJ. 604, all the praters remained in the city during the time 
of their office- Afte the elecdon^ they determined by lot 
their diflcieut jurisdictions. - 

Two of them toe* cognisance of private causes^ as for- 
merly, and the rest presided at criminal triab ; one at trials 
cxMic^ming extortion ; smother at trials concerning bribery^ 
&c. Sometimes there were two pr»tors for holding trials 
concerning one crime ; as, chi account of the multitude of 
criminals concerning violence Cic. pro Clueni. 53. Some^ 
times one pr»tar presided at trials concerning two different 
crimes, Cic. pro C*L 13. And sometimes the Pr^tor Pere^ 
grinus hdd criminal trials; as, concerning extortion, Ascon. 
in Cic. in tog' cand. 2. ; so also, ac(:ordingto some, the prae« 
tor Utbanus* 

The preBtor was assisted in triads of importance by a coun* 
cil of select ^Wttr« or jurymen ; the chief of whom was 
called JUDEX QUiESTIONIS, (X Princeps judwunii 
Cie. et Ascon. Some have thought this person the same 
with the pnetor or quasitor / but they were quite different, 
Gic. pro Clumt. 27. 33, 58. in Ferr. i 61. Quinctil. viii. 3- 
Tht judex quattionis supplied the place of the prastor when 
absent, or too much engaged. 

1. The Choice of the JuDfcEs or Jury. 

The JUDICES were at first chosen only from among 
the senators; then, by the Sempronian law of C. Gracchus, 
only from among the equites ; afterwards, by the Servilian 
law of Caepio, from both orders ; then, by the Glaucian 
law, only from the equites ; by the Livian law of Drusus, 
from the senators and equites^ But the laws of Drusus 
being soon after set aside by a decree of the senate, the 
right of judging was again restored to the equites alone. 
Then, by the Plautian law of Silvanus, the judices were 
chosen from Ae senators and equites^ and some of them al- 
so from the plebeians ; then by the Cornelian law of Sylla, 
only from the senators ; by the AureRan law of Cotta, from 
the senators, the equites^ and triJbUni (crarii s by t^ie Ju- 



276 ROMAN ANTIQUITIES. 

San law of Caesar, only from Uie senators and egtd^^ : and 
by the law of Antony, al^o from the officers of the army. 
Ste Manutius de legg- ; for Sigcnius and Heineeciui^ who 
copy him, give a wrong account of this matter^ 

The number (tfthe^iicfic^ was differ^it at difierent times* 
By the law of Gracchus 300 ; of ServiHiis, 450 ; of Dru- 
sus,600; of Plautius, 525 ; of Sylla and Cotta, 300, as it 
is thought finom Cic. Fam. viii* 8. of Pompey, 360, Paterc. 
ii. 76. Under the emperors, the number of judkes wsb 
greatly increased, PSn. Xxxiii: 1. 

By the St?rvUian law, it behoved the ju£ces to be above 
thirty, and below sixty years of age. By other laws it was 
required, that they should be at least twenty-iive, D. 4. 8. 
but Augustus ordered thBt judices might be chosen from the 
age of twenty, {a vicesimo aUegtt)^ Suet. Aug« 32. as ^ 
best commentators read the passage. 

Certain persons could not be chosen judices^ either from 
some natural defect, as, the deqf^ dumb^ &c. or by custom, 
as, women and slaves : or by law, as those condemned upon 
trial of some infamous crime, (turpi et/amosojudicio^ e. g. 
ealumnuty pravaricatwnis^urti^ xn bonorum rapiarem^ m/ii- 
riarum^ de dolo malo^ pro soeio% mandati^ tuteUt^ dep^ekit 
&c.} and, by the Julian law, those degraded from being se- 
nators ; which was not the case formerly, Cic: Cluen$. 43. 
see p. 7. 

By the Pompeian law, the judices were chosen from a- 
mpng persons of the highest fortune. 

Th^ JuiSces were annually chosen by the prastor Urbanus 
or Peregrinus; according to Dion Cassius, by the qusestora, 
xxxix. 7. and their names written down in a list, iin album 
BBLATA vclalbodescripta)^ Suet. Tib. 51. Claud. 16. Do- 
mit. 8. Senec* de benef iii. 7. Gell. xiv. % They swore 
to the laws, and that they would judge uprightly, to the best 
of their knowledge, ide animi sententiaJ. The judices were 
prohibited by Augustus from entering the house of any one, 
Dio. liv. 18. 

They sat by the praetor on benche$,whence they were c^. 
cdhis ASSESSORS ; or Consilium, Cic. Jet. Ferr. 10. 
and CoKS£8soR£s to one another^ Cie. Jin.iL 19. SerLde 
ben^.m 7. QeU^xiv^ 3# 



Judicial P&ocsxdincs, t^c. 277 ' 

The /iufcrw were divided into DECURI-ffi, according to 
their different fMCders ; thusHDEcuRiA senatokia judi- 
cuM, Cic. pro Cluent. 37. tertia, Phil, i.8; Verr. ii. 32. Au- 
Justus added a fourth decuria^ Suet 32. Plin. xxxiii. 7* (be- 
cause there were three before, either by die law of Antony, 
or of Colta), consisting of persons of an inferior fortune, who 
were called DUCEN ARII, because they had only 200,000 
sesterces, the half of the estate of an equesj and judged in 
lesser causes. Caligula added a Mihdecuria, Suet 16. Plin. 
xxxiii. 1. s. 8. Galba reused to add a sixth decuria, al« 
thoni^ strongly urged by msaiy to do it. Suet 14. 

The office of a judex was attended with trouble, Cic. in 
Ferr. i. 8. and therefore, in the time (^Augustus, people de- 
clined it; but not. so afterwards, whai their number was 
greatly increased. Suet, et Fhn. ibid. 

2. 7%^'AccaseR in a Ceihikal Trial. 

Ak Y Roman citizen might accuse another before the pras- 
tor. But it was reckoned dishonourable to become an accu- 
ser, unless for the sake of the republic, to defend a client, or 
to revenge a father's quarrel, Cic. de Off. ii. 14. Divinat* 20* 
Verr. ii.47- Sometimes young noblemen undertook the pro- 
secution of an obnoxious magistrate, to recommend them- 
selves to the notice of their fellow- citizens, Cic. firo CaL vii. 
30. in Verr. i- 38. Suet. Jul. 4. Plutarch, in LueuUoy prime. 

ff diere was a competition between two or more persons, 
who should be the accuser of any one, as between Cicero and 
CaecUius Judaeus, which of them should prosecute Verres, 
who had been propraetor of Sicily, for extortion, it was de- 
termined who should be preferred by a previous trial, called 
DI V IN ATIO ; because there was no question about facts, 
but iSntjudices^ without the help of witnesses, rfrwwrf, as it 
were, what was fit to be done, Cic. divin. 20. Ascon. in Cic. 
GeU. ii. 4. He who prevailed, acted as the principal accu. 
ser,(ACCUSATOR); those who joined in the accusation, 
{caut^ vel acctisationi suhscrihebant\ and assisted him^ ivere 
caltei SUBSCR PTORES, Cic. dwin^ 15. pro Mut. 24. 
Fam. yv\ 8 id. Q. Fratr. ii>. 4. hence subscrihere judinnm 
eumai^quoy to cx>mmence a suit against one, P/m- Fp. v. 1. 

It aiq;>ears,however, there were puUic prosecutors of pub« 



2T» ROMAN AfJTlQUITIES; 

lie crimes at Rome^ Cic. t>ro Seob* Rase. 30. PBrik Mi-hut. 
iiL 9. iv, 9. as in Greece, Cic. de legg. m.4^* 

Public informers or accusers ^delatorespublrearttm crimu 
mm) were called QUADRUPLATORES, Cie. Ferr. ii. 

' 8, 9. either because they received as a reward the fourth part 
of the criminal's eifects, or of the fine imposed upon him ; 
or, as others say, because they accused persons, who, upon 
eonviction, used to be condemned to pay fourfold, i^uad^ 
rupli datrmari) : as those guilty of illegal usury, jf^aminsr^ or 
the like, (Tic. in C^cii. 7, & 23. et ibi Ascon. Patthu apud 
Festunh Tacit, AtmaL iv. 20- But mercenary and folse ac 
eusersof litigaBts(cALirMNiATOHBs}ehiefly were called by 

, this name, Cic. Verr. ii. 7. 8, & 9- PhuU Pers* i- 2, 10. and 
also those judges, who milking themselves parties in a cause, 
decided in their own favour, {qui in suatn rem Stem nerte- 
rent; intercefitores litis alien^.quisihicantrcfversiowmad^ 
judiearent rem) Liv» iii. 72. Cic CaBcin. 23. Seneca calls 
diose who for small favours sought great returos, Qumdru- 
phtores benefictarum suormn^ over-rating or over-^uing 
ifaeiB, de Benef. vii. 25* 

3. Manneh o/*Makinc the Accusation. 

The accuser summoned the person accused to court, (in 
jus vocabat')^ where he desired {postukbat) of the inquisitor, 
ths^ he might be allowed to produce his charge, immen de- 
ferre\ and tliat the praetor would name a day f(^ that pur- 
pose, Cic> Fam* viii. 6. Hence Pe^tdareakquem decrimine^ 
to accuse; libblius postulatiokum, a writing con« 
taining the several articles of charge^ a libel, PMn. Ep. x. 85* 

TYi&post^tio or request was sometimes made in the ab< 
sence of the defendant, Cic. ad Fratr. iii. 1» 5. There were 
certain dears on which the praetor attended to these requests, 
whenhewas saidPosT0i,ATioiriBUs vacare, JP&i« E^ 
pist. vii. S3. 

On the day appointed, bodi parties being present, die ac- 
cuser first took (jHrneipiebot) a solemn oath, that he did not 
accuse frommalice^ (caecmkiax jtraABAT), and then 
tlie charge was made (delatio nomimsjlebat) in a set form ; 

thtlS»DICOt^ef AIO, TE IK PRiEXaBA SPOLIASSE 3ICU- 
LOSCOIfTBA LEOBM COBKELIAM, AT^UE EO NOMINB 
SESTEBTIUK JCXLLIfiS A T£ BfiRfiTOi CtC^ divin. $• 



If the ciiminal was silent or confessed, an estinmte of da- 
mages was made out (its ei vel ejus •stima(mpur)y and the 
affair was ended. But if he denied, the accuser requested 
(.posttUeant) that. his name might be'enteredin the roU of 
criminaJiSf {ut nomen inter reos reciperetuTf i. e« ut in td&Um 
/am inter reoareferretur)^ and thus he was said REUM 
Jacere^ lege v. legibus interra^^are^ postulare : MULCTAM 
out pcenqm petere ei repetere. These are tqiiivalentto, no^ 
men deferre^ and different from weusare^ which property sig- 
nifies to substantiate or prove the charjse, the same with 
causam agere^ and opposed to d^endere^ Quinctilian, v. 13, 
3, Cic. C«l. 3. Dio, xxxix« 7- Digest* L lO, dejure^pu^ 
trans 

If the pr^tor allowed his name to be inroUed, (for he might 
refuseit, Cic* Fam* viii. 8.), then the accusar delivered to the 
praetor a scroll or tablet, (LIBELLUS), accurately writtent 
mentiontng the name of the defendant^ his crime, and every 
circumstance relating to the crime, which the apcusec sufa^ 
scribed, Plin. Ep^ L 20. v. 1. or another for him, if hecould 
not write \ at the same time binding himself to submit to ^ 
certain pimishment or fine^ if he did not prosecute or prove 
his charge ; icavebat se in crimine perseveraturum usque ad 
sententiam*) 

There were certain crimes which were admitted to be 
tried in preference to others, (extra vrdmem\ as, qoncemins 
violence or murder, PUn. JSp. iii. 9. And sometimes the 
accQsed brought a counter cbaige c^ this kind against his ac- 
cuser to prevent his own trial, Cic. Fam. viii. 8* Dio* xxxix* 
18. ^ 

Then the prator appointed a certain day for the trial, usu- 
ally the tenth xky after, Cic. ad Q. Fratr. ii. 13» Mcon. 4a 
Cornel' ; sometimes the 30th, as by the lAcinian and Julian 
laws, Ctt?. in Fat. 14. But in trials for extortion the accuser 
required a longer intervaL Thus Cicero was allowed 110 
days, that he might go to Sicily in wder to examine wit- 
nesses, and collect facts to support h'fs indictment against 
Verres, although he accomplished it in fifty days, Jscon. in 
loc' Cic. Ferr. Act. prim. 2. . * ^ 

In the mean time the person accused changed his dress> 
(see p. 93.) and sought out persons te defend his caTOe* . . 



aaO HOMAN ANTIQUITIES. 

Ofdefe!id<^(DEF£}^ORESXAsconiitsmenli0imi^ 
kinds ; PATRONI vd ^ratores^ who pleaded die cause ; 
ADVOCATJ, who assisted by their courieiland presence ; 
(the proper meaning of thi^ word, Uv. iL 55.) PROCUR A- 
TORES, who managed the jbtiskiesi» of a peracm nrhis ab- 
sence ; and COGNITORES, who dcfeoded thccauseof a 
person.when pi^sent, A^con. m dauin. w-CmL 4 Fe^ius. 
But a cognitor might also defend the cause of a person when 
Kbsent^ Hi^Qt, Sat. ii. 5. v. 28. Cic. Rose. Com. 1^. henoe 
put for any defender, JJ;o. xxxix. S- The proettraiores^ 
.. however, and eognitores were used onty in private trials^ the 
pnfroni and advoeati^ also in public. Befote the eiv3 wars, 
one.rarely eti^loyed more than four patrons or pk^^^o^ but 
afterwards often twelve, Asem. in Cie. pro Scaur. 

4. MA^NKEK (j/* CONDUCTING the l^hlAU 

On the day of trial, if the pr«tor could not MeaJk the 

matter was pat off to anotln* day. But if he was present, 

^boththaracciMier'and defendant were cited by a herald* If 

.the defendant was absent, he was exited Thus Verres, 

^afier the first oration of Cicero, agiifist him, calbd tefi^ pru 

jMtf, went into voluntary^ banishment : for the five tastara^ 

tions, called /e^xn Verrem^ were never dcSvered, Amsm. 

.in Ferr. Verres is said to have been afterwards «8toi«4 by 

the iQiluence of Cicero, Swiee* Swi$. vi. 6. and^ vrtiatisre. 

ittarkable, perished tof^ether with Cicero iu die fmoscriptioR 

of Antoiqr, on account of his Corinthian vessels, wMek be 

would not part withf to die Triumvk, Plm. zxxtv. 2* \Im^ 

font. n. 4. •# . ! 

If the accuser was absent, the name of the defendant was 
taken from the roll of critokids, fdereis cxtmptum tst}^ 
Ascon. in Cic, 

But if both were prsMit, ikitjuiiees or jmy were first 
clKWen, eith^ by lot or by naming* (/^ SORTITIOKKM 
vd EDITIONEM), adfwdii^ to the nature of dMf ftiime, 
and the law by which it was tried. If by lot, the prtar or 
judex questioms put into an urn the names ojf dl I^Mt whe 
.« werf appointed to htjndices for diat yesff, and dien took out 
tj^y chance fsarte edueebat) the number which the law* pre- 
scribed. After whieh the defendant aod accuser weve al- 



* JlTDICIA^ PROCBBDiNCS,(Srir« ilSV 

lowed to reject (rejieere} such as they di4 not approve, and 
the praetor oc judex quasttonis substituted {mbsortiefmtur) 
others in their room, tilF the legal number was completedt 
Cir. inVcrr. Act. \. 7* Ascon. in Cic. 

Sometimes the lai^ allowed the accuser and defendant to 
chuse the jWfV^if .- in which case they were said Iudices 
£i>£RE» and the judtees were called EDITITII,,Cfc. pro 
Muren. 22> Planc^ 15. 17. Thus by the Servilian law of 
Glaucia against extortion, the accuser was ordered to name 
from the whole number of judi^es an hundred, and from 
than hundred the defendant to chuse fifty. By die Licinian 
law^ de sodatiiiisj the accuser was allowed to name the jury 
from the people at large, Cic, pro Plane. 17. 

The judices or jury being thus chosen, were cited by a 
herald. Those who cduld not attend, produced their ex- 
cuse, which the prator might sustain (accipere) or not, as 
he pleased, Cic. PhiL v. 5» 

When they were all assembled, they swore to the laws, 
and that they would judge uprightly, Cic. pro Rose. Anu 
3. hence called Jurati homines, Cic. Act. in Verr. 13* 
The Praetor himself did not swi^ar, ibvd. 9. Then their 
nasies were marked down in a book, {libelhs consignaban^ 
tur}^j and they took their seats, (subseUia oecupabantj. As- 
con, in Verr. act. i. 6. 

The trial now began : and the accuser proceeded to prove 
his charge* which, he usually did iatwo actions, iduabus 
ae^ombusX In the first action, he produced his evidence or 
proofs : and in the second he enforced them. 

The proof* were of three kinds, the declaration of slaves 
extorted by torture, (QUiESTIONES), the testimony of 
free citizens, (TESTES), and writings, (TABULA). 

1. QUiESnONES. The slaves of the defendant were 
demanded by the prosecutor to be examined by torture in 
several trials, chiefly for murder and violence. But ;9iaves 
could not be examined in thb manner against their mas- 
ter's li&, Cin caput doming) except in the case of incest, os 
a con^iracy against the state, Cic. Topic. 34. Mil. 22. 
Dejot. 1. Augustus, in order to elude this law, and sub- 
ject the slaves of the criminal to torture, ordered that they 
.should bescW to the public, or to himself Dio. Iv. 5. Ti- 



282 KOMAN ANTIQUITIES. 

berius, tathe public prosecutor ; Mancipari t^irSLico 
ACTORi juBET, Tacit.AnndL ii. 30. iii. 67. /but the anient 
few was afterwards restored by Adrian an J the Antooines, 
D. xlviii. 18, de quast. 

The slaves of others also were sometimes demanded to be 
examined by torture ; but not without the consent of their 
inaster, and the accuser giving security, , that if they were 
maimed or killed during the torture, he would make up the 
damage, ibid. 

When slaves were examined by torture, they were stfetcb- 
ed on a machine, called ECULEUS, or Equulem^ having 
their legs and arms tied to it with ropes, {fidieulisy Suet. Tib* 
62. CaL 33.) and being raised upright, as if wspeoded on 
a cross, their members were distended by meyns of screvi^ 
per cochleas), sometimes till they were dislocated, {ut^^ssi- 
um compago resolvereiur) ; hence Eculeo bmgior factum ^ 
Sei)e6. Epist. 8- To increase the pain, plates of red hot iron, 
(lamina cand€ntes\ pincers, burning pitch, &c were ai>- 
pliedto them. But some give a difierent acoount of this 
matter. 

The c(Hifessions of slifves extorted Iqr the rack> were 
written down on tables, which they sealed up till they were 
produced in court, Cic* Mil. 22.' Private persons also^xne- 
times examined their slaves by torture, C«e. pro GluenU 63. 
66. 

Masters frequently manumitted their slaves, that they 
tnight be exempted from this cruelty, Liv* viii. 15. Cic.Mi. 
21. for no tloman cittzen could be scourged or put to the 
rack, Cic' Verr. v. 63. But the emperor Tiberius subjected 
fiee citizens to the torture, Dio. IvH. 19. 

2. JTESTEfS, Free citizens ga^e their testimony upoo 
oath, (jurati>. The form of interrogating them was, S£xt£ 

TeMPANI, qUiBRO £X T£, ARBITR£R£S17£, C^ Setflpro^ 

niumin tempore pugnam imsse ? Liv. iv. 40. The witness 
answered, Arntror vel noh arbitror, Cic.Acad.iy. 
47. pro Fimt. 9. 

. Witnesses were either voluntary or involuntary ^ Quinctib^ 
en. V. 7. With regard to both, the prosecutor, (Mtor vel or- 
^«i^{)r) was said. Testes dare, adhibere, citarcy collie 
M^^t^dere^proferreymbomar^^v^li^tLODvcziiiBi dc. Vcrr. 



J0DICIAL PkocsebikcSi bc. 26^ 

i. 18. V. 63. Fin. ii. l%JuvenaL xvi. 29^ &c. Testibus 
tJTX, Cic. Rose. Am* 36. With regard to the latter, lis 
TBSTiKONiuH DEKUNciARE, to summon thciii undcT a 
penalty, as in England by a writ called a subpoena, Cic. 
f6u#. 38; in Ferr. L 19* Inv^tos evocarb, Plin. Ep* iii. 
9. The prosecutor only was allowed to summon witnesses 
against dieir will, ^uiaciil* v- 7. Flin. Ep- v. 20. vi. 5. and 
of these a different number by different laws, Fal. Max. 
viii* 1. FronHn. de limit. 5. usually no more than ten, D. de 
testtb. 

V^itnesses were said Testihoi^iux dicebe, dbr^,/)^. 
hiberey prabere^ also pro testimonioaudirif Suet Claud. 15, 
The phrase BEPosiTioKES f^^ftfim, is not used by the 
classics; but only in the xivil law. Those previously en* 
gaged to give evidence in favour of any one, were called 
Ax. Lie ATI, Cic* ad Ftatr. ii. 3. Isidor* v. 23 ; if instructed 
what to say, suborn ati, Cic. Rose. Com. 11. Plin. Ep. 
lu. 9. 

Persons might give evidence, although absent, by writing, 
iper tabulas) ; but it was necessary that this should be done 
voluntarily, and before witnesses, ipraseniibussiGVAro* 
fiiBirs), QutfwtU V. 7. 

The character and condTtion of witnesses were particular- 
ly attended to, fdiligentur expendebanturjy Cic. pro Flacc. 
5. 

N6 one was obliged to be a witn^s against a near relation 
or friend, by the Julicm law, /. 4. /). de Testib. and never 
Cmore majorumj in his own cause, fde re sua)^ Cic- Rosc^ 
Am. 36. 

The witnesses of each party had particular benches in 
the Fhrumy on which they sat, Cic. pro Q. Rose. 13. Qmnc- 
iiLy.7. • 

Great dexterity was shewn in interrogating witnesses, 
Cic. pro Flace. 10. Donat. in Teren* Eunuch, iv. 4. v. 33* 
Qtdnetil* V. 7. 

Persons of an infamous character were not admitted to 
give evidence, (testes non adkifnti suni)^ and tha-efore were 
caUed INTESTABILES, Plaut. Cureul. I S. v. 30. Ifo^ 
rat: Sat^u. 3. if. 181. OelL vi. 7. vii- 18. as those likewise 
were, who being once called as witnesses, {antestati^ v. (if 



284 ROMAN ANTIQUITIES. 

testimanium adhibitUj afterwards refifsed to give their lesti- 
rnony, GelL xv- 13. Women anciently were not adnutted 
as witnesses, GelL vi. 7. but in after times they were, Cfe. 
Ferr. i. 37-, 

A false witness, by the law pf the Twelve Tables, was 
tlirown from the Tarpeian rock, Gell. xx. 1. but after- 
wards the punishment was arbitrary, /. 16. D. de TesUb* 
et Sent. v. 25, ft 2. except in war, where a fiahe witness 
was beaten to death widi sticks by his feliow^soldiers, I^ 
lyb. vi. 35. 

3. TABUL-ffi. By this name were called writings of 
every kind, which could be of use to prove the charge ; 
particularly account- books, f tabula accepti et expensUj 
letters, bills or bonds, fsyrigraphaj^ &c. 

In a trial for extortion, the account-books of the peMon 
accused were commonly sealed up, and afterwards at Ae 
trial delivered to the judges for their inspection, C«c. Ferr, i. 
23, 61. Balb. 5. The ancient Romans used to make out 
their private accounts, ftabulas^c. accepti et expenst confi- 
cere vel domesticas rationes scriberejy and keep them with 
great care. They marked down the occurrences of eack' 
day first in a notebook, (adversaria, -on/m^, whkii 
was kept only for a month, (menstrua erant ;J and then 
transcribed by them into what we call a Ijedger, fecldex vd 
tabula)^ which was preserved for ever, Cic. Quint. 2. Biit 
many dropped this custom, after the laws oixlered a man^s 
papers to be sealed up, when he was accused of certain 
crinoes, and produced in court as evidences against MiWi 
Cic. Ferr. i. 23, 39- Bosc. Com. Q. Ccsl. 7. AtL xii. 5. Tuse. 
V. 33- Suet. Cas. 47. 

The prosecutor having produced these diflferent kinds of 
evidence, explained and enforced thenf in a speech, some, 
times in tw6 or more speeches, Cie. in Ferr. Then the ad* 
vocates of the criminal replied ; and their defence somedmes 
lasted for several days, Ascon. in Cic. pro Cornel. In the end 
of their speeches (in epilogo vel perordtimej^ they tried to 
move the compassion of ihtjudices; and for ihatpurpan 
often introduced the children of the criminal, Cic. pro &xt. 
69. In ancient times only one counsd was'kllowedto ea^ 
#ide, Flin. Ep. v 20. 



IVDICtAL PROCEEBIKGSt &C» QSS 

fo oertem causes persons were brought to attest the cha- 
racter of the accused, called Laudatores, Cic.pro Bulb. 
18* Cluent. 69. Fam. i* 9. Suet- Aug^ 56. If CMie could not 
produce at least ten of these, it wa^fthought better to pro- 
dttoe noae, {quam iUum quasi legitimum numerum consue^ 
tuibnrnan eocplereX Cic. \ err. v. 3;2. Their declaration, 
or thc^ of the towns from which they came, was called 
L«AUDATIO, ibid, which word commonly signifies a fu* 
neral oration delivered from the Nostra in praise of a person 
deceased, by soille near relation, Cic. de Orat. ii. 84. Liv. 
V. 50. SueL C^s. vi- 84. Aug. 101. Tib' 6. Tacit. Annul, v. 
1. xvi. 6. by an orator or chief magistrate, Flin. Ep. ii. 1. 
^ £ach orator, when he finished, said DIXl ; and when all 
the {headings wereended, a herald called out, DIXERUNT, 
vd *&&£, Ascon. in Cic. Donai. in Ter. Phorm. ii. 3. 90, & 
sc* 4. • « 

Then the prsetor sent lUtytjvdices to give their verdict, (wi 
comiHim miitebaty ut sentcntiam/errent vel dictreni\ Cic* 
Vcnp. L 9. Cluent* 27, 30, upon which they arose, and went 
to deliberate for a little among themselves, ibid. Sometimes 
they passed sejitenceGenientias/erebant) viva voce^ in open 
conrt, but usually by ballot The prsetor gave to each jtidex 
threetaUets : on one was wfitten the letter C, for condemnor 
I Gondenm ; on mother, the letter A, for absoho^ 1 acquit ; 
smd on a tbitdy N» L. non liquet^ sc« miAi, I am not clear, 
Gex* B' Civ. iiL 83* Each of thcjudices threw which of 
^eae-tjabl^s he thought proper into an urn. There was an 
UTfi f<r each order of judges ; one for the senators, another. 
for the eqt^ites^ and a third for the tribuni (Crariij Cic. ad>Q« 
Fratr- ii. 6. 

Tbe praptcHT, having taken out and counted the ballots, pso. 
noimced sentence acaording to the qpinion of the majority, 
^eocpittrium sententia)^ in % certain form. If a majority gave 
in the letter C, the praetor said VipBTuit fecisse, guilty, 
Cic. Verr. v. 6, Acad* iv. 47. If the letter A, Non vide- 
TUE FBcissE, HOt guilty. If N. L. the cause was deferred^ 
<CAirsA AKPUATA £ST),w^#ran. in Gc 

The letter A was oalljed LITERA SALUTARIS, and 
the tablet on which it was marked, tabeila, absoluto- 
HI A, Suet. Aug. 33. and C, litera TRISTIS, Cic. MU. 6. 



286 ROMAN ANTIQUITIES. 

the tablet, damn atoria, SueU ibid. Among the Greeks, 
the condemning letter was e, because it was the first letter 
of UnttTH^ death : hence called mortiferum^ Martial, vii. 36. 
and nigrum^ Pers, Sat.fl. v. 13. Their acquitting letter is 
uncertain. 

It was anciently th«»custom to use white anjd blaek peb- 
bles {lapUli vel calculi) in voting at trials : Mas erai anfi- 
quis niveis atrisque tapiltisj His damnare reos, Hits absolvere 
€ulpa^ Ovid. Met. xv. 41* Hence causa paucarum ctUculo* 
runif a cause of small importance, wherft there were few 
judges to vote, Quinctil. viii. 3. Omnis calculus immiiem de* 
mittitur ater in umanij He is condemned by sdl the judges, 
Ovid. ibid. 44. Bepartare calcuhtm deteriarem^ to be con- 
demned ; meliarcmj to be acquitted, Corp. Juris.'— Errori 
album calculum adjicere^ to pardon or excuse, Plin- MpisL 
i. 2. To this Horace is thought to allude, Sat. ii. 3. 246* 
Creta an carbone notandi ? are they to be approved » con- 
demned ? and Pcrsius, Sat. v. 108. but more probably to 
the Roman custom of marking b their kalendar unlucky days 
with black, (carbone^ with charcoal ; whence Acs atri for 
infaustij^ and lucky days with white, ('icreta vel cressa nota^ 
with chalk, Horat. Od- i. 36, 10. called Creta, or terra 
Cressa vel Cretica^ because it wasbroughtfrom that island :) 
Hence notare vel signare diem tactea gemma vel atba^ me- 
Ihribus lapillisy vel albis ealculisj to mark a day as fortunate, 
Martial, viii. 45. ix. 5?. xi. 37. Pers. Sat. ii. 1. P&i- Ep. 
vi. 1 1. This custom is said to have been borrowed from the 
Thracians, or Scythians, who every evening, befcwe they 
slept, threw into an urn or quiver, a white pebWe, if the 
day had passed agreeably ; but if not, a black one. Aftd at 
their death by counting the pebbles, their life was judged to 
have been happy or unhappy, Plin* vii. 40. To this Mar- 
tial beautifully alludes, xii. 34. 

^ The Athenians, in voting about the banishment of a ci- 
tizen who was suspected to be too powerful, used shdls, (••- 
rf«w» testit vel testulaj^ on which those who were forbanish- 
ing him wrote his name, and threw each his shell into an 
urn. This was done in a popular assembly ; and if the num* 
ber of shells amounted to 6000, he was banished For ten 
years ftestarum w^ragOsJ by an ostracism, as it was 



Galled, ^ep. in ThemtsU 8. Aristid. 1. Citn. 3. Dio^jorus^ 
say^ Rmt five years, xi. 55* 

When the number of judges who condemned, and of thosii» 
who acquitted, was equal, the criminal was acquitted, Cic. 
Ciuent. 27. Plutarch- in MariOy (see p. 100.) Calculo Mi- 
N £ R v>E, by the vote of Minerva, as it^ was termed ; because 
when Orestes was tried before the Areopagus at Athens for 
the murder of his mother, and the judges were divided, he 
was acquitted by the determination (sententia) of that god- 
dess, Cic. pro MiL.3- et ibi Lambin. JEschyL Eumenid. v# 
73 8> In allusion to this, a privilege was granted to Angus- 
tus, if tlie number of the^Wictf*, who condemned, was but 
oi^ more than of those that acquitted, of adding his vote to 
make an equality ; and thus of acquitting the criminal, Dio. 
li. 19. 

While thejudices were putting the ballots into the urn, 
the criminal and his friends threw themselves at their feet^ 
and used every method to move their compassion, Faier* 
J^ax. viii. 1^ 6. Ascori- in Ctc. pro M. Scauro* 

The prsBtor when about to pronounce a sentence of con* 
demnation, used to lay aside bis toga pnstexta^ Plutarch, in 
Cic« Senec. de Ira, 1. 16. 

In a trial for extortion, sentence was not passed after the 
fii'st action was finished ; that is, after the accuser had finish* 
tA his pleading, and the defender had replied ; but the cause 
was a second time resumed, {.causa iierum dicebatur vel age- 
batur\ after the interval of a day, or sometimes more, (es* 
pecially if a festival intervened, as iil the case of Verres, 
Cic. Verr. L 7.) which was caUed COMPERENDINA- 
TIO, or -af w, -/w, Cic. Verr. i- 9. et Ascon. ibi, &C' Then 
the defender spoke first, and the accuser replied v after which 
sentence was passed. This was done, although the cause 
was perfectly clear, by the Glaucian law ; but before that, 
by tbQAcillian law, priminals were condemned after one 
hearing, fsemel dicta causa^ semel auditis testibus)^ ibid. 

When there was any obscurity in the cause, and theyt^- 
dices were uncertain whether to condeqiui or acquit the cri.* 
minal, which they expressed by giving in the tablets, on 
which the letters N. L. were written, and the prxtor, by pro^ 
nouncing AMPLIUS, Cie. ibid, the cause was deferred ta 



«88 ROMAN ANTIQUITIES. 

any flay the pnetor chose to name. This wascdled A-ir- 
- ptiATio; and the criminal or cause was said ampbari ; 
which sometimes was done several times^ and the cause 
pleaded each time anew, Cic. Brut. 22. Bis an^imtug^ §gr^ 
tio absolutus est reus^ Liv- xliii. 2. So iv. 44. Causa Z#. C«r- 
ta septies ampliata^et adultimum octavo jttAdo absohae est, 
Valer. Max. viii- 1, 11- Sometimes the prastor^ to gnltCr 
the criminal or his friends, put off the trial till he should re- 
ngn his office, and thus not have it in his power to pass sen* 
tenc9 Cne diceretjus) upon him, Liv. xli. 22. 

If the criminal was acquitted, he went home, and resumed 
his usual dress Csordido habitu posito^ albam togam resume- 
bat J. If there was ground for it, he niight bring his accaser 
to a trial for false accusation, (c a lumn liR), or for vrii'air was 
called PR^V ARICATIO ; tliat is, betraying thecaose of 
one's client, and by neglect or collusion assisting his oppp* 
nent, Cttr. Topie- 36. Plin.Epist. i.20. iii.9. ^umctilit.2. 
• pRkEVARic Am, comp. ofpnect vancoy v. -or (fvom t^^- 
rus^ bow or bandy-legged, crura iftcurva AoAert^),. s^pxifies 
)>roperly to straddle, to stand or walk wide, with the feettoo 
farremoved from ofte another, not to go stmight, Caratar^ ni- 
si incurvusy pr»varicatur, i. e. non rectum suleum agk^ vel a 
recto sulco diveriity Plin.) Hence, to shuffle, toplay &st and 
loose, to act decedtfuUy, (in contrariis causis quasi vmt es- 
se positusj Cic. ibid.) 

If the criminal was condemned, he was punished by-law 
according to the nature of his crime. 

Under the emperors, most criminal causes were faicd in Ae 
senate, r/)w. Ivii. 16. e^^iepawiiw,) who could either mki- 
gate or extend the rigour of the laws, (mitigare leges et inien^ 
dercy) Plin. Ep« ii. 11. iv. 9- although this was sometimes 
contested ; {aiiis cognitionem senatus lege conetusmiy a&s 
hberam solutamque dicentibusJy id 

If a person was charged with a particular crime,, compre. 
hended in a particular law, select judges were appointed ; but 
if the crimes were various, and of an atrocious natifo^,. the 
senate itself judged of them, Plin. ii* 10. as the pec^ did 
formerly ; whose power Tiberius, by the suppression of the 
ComitiCj transferred to the senate, Tacit. Annal. i. IS. \Vhai 
any province complained of their governors, and sent ^inbas- 



JvOICtAL PrOCESDIITCS, ^C' Si9 

didors to prosecute them, {legatos vel inqmsitores miitebtm% 
gut in eos inqtasitionem posttdarentX the cause was tried in 
the senate ; who appointed certain persons of their own 
iuittber lid be advocates, Plin. Ep. u. 11, iu. 9* commolily 
such as the province requested, ifrid. iii. 4. 

When the senate took cognizance of a cause, it was said 
9ump€re vd recipere cQgnUumem, and dare inquisitionem^ 
Plin. £p« vi. 29. when it appointed certain persons to plead 
aegr cause, dare abvocatos, v. PATRoiros,/dii. ILiii. 
4- vL 29. vii. 6, 33, So the emperor. Id. vi- 22. When se- 
Ttxal advocates either proposed or excused themselves, it 
was determmed by lot, who should manage the cause, (nofw- 
na m umam emjecta sunt J ^ Id* x. 20- 

When the criminal was brought into tfie senafte-house by 
die Kctors, he was said esse ikductus, Id, n. 11^ 12. y^ 4^ 
IS. So the prosecutors, Id. v. 20. 

When an advocate began toplead, he was.said, descenders 
^i acturusn ad agendum vel ad aecusandum, Id. v. 13. be^ 
cause perhaps he stood in a lower place than that in which 
die judges sat, or came from a place of ease and safety to a 
place of diiBculty and danger ; thus descendere in aeiem, v. 
pratium^ m eampum y.forum^ Sic. to go on and finish the 
caiuae, causam peragere v. perferre^ ib. If 'an advocate be- 
trayed the cause of his client, {si pravoricatus esset) he was 
suspended from the exercise of his profession, iei advocatir' 
0nibus inierdidum est\ or otherwise punished, tAw/- 

An experienced advocate commonly assumed a yotoig 
die in the same cause with him* to introduce<him at the bar^ 
and neeomniend him to notice, (produeere^ ostendere fam^^ 
€t amgnarefam^^ Plin. Ep- vi. 23.) 

After die senate passed •sentence, criminals used to b^ 
executed without delay. But Tiberius caused a decree tq 
be made, that no one condemned by the senate should be 
put to death within ten days ; that the emperor, if absent 
flt>m the city, might have time toconadcr their sentence, and 
preveftt the execution of it, if he thought proper, Dio. \y\u 
ao. lvfiL27. TuduAnnaLvi. 51. SueuTib.lS. Senec^ 
ttanq. Hff* 14. 



290 SlOMAN ANTIQUITIES. 

5. DiFjERENT Kinds (y^PuNisHMEKTS iwiotig the 
Romans. 

Punishments among the Rotnanswere of eight kinds* 

1. MULCT A vel damnum^ a fine, which at first Jierer 
exceeded two oxeii and thirty sheep, or the valuadoB of 
them* See JLex. Ateria, JUv. iv. 30. But afterwards k 
was increased. 

2. VINGULA, bonds, which included public and pri- 
vate custody ; pubUe^ in pris<Hi, into which criminals were 
thrown after confession or conviction, Cic* deJDixnH^x. 25* 
Tactt. nu 51. and private^ when they were delivered to ma- 
gistrates, or even to private persons, to be k^t at ttecir 
houses, {m libera custodia^ as it was ^aHed), till they sboidd 
be tried, Satlust. Cat- 47. Jav. xxxix. 14. facii. vu 3. 

A prison (CARCER) was first built by Ancus Martitis, 
Liv. i. 33. and enlarged by Servius Tullius ; whence that 
part of it below ground, built by him, was called TULLi- 
ANUM, Sallusi. Cat. 55. Varr. de Lot. Img^ \y. 32. or 
LAUTUMIiE, i. e. kea ex qtdbus lapides excisi suni^ 
Fest. invoce,Liv. xxvi* 27. xxxii. 26. xxxvii* 5. xxxix. 
44- in allusion to a place of the same kkid built hs Dionyd* 
us at Syracuse, Cic* Vert. v. 27, 55. Another pait, or, as 
^me think, the same^psot, £rom its security and strength> 
was called ROBUR, or tobm^ Festua in voce, Liv. xxxviii. 
59, Valer. Max. vi; 3, 1. Tacit. Annal« iv. 29. 

Under the name of vmeula were comprehended eMen^ 
Stains ; cempedes vel pedic*^ fetters or bonds for tint feet ; 
mamc^^ manacles or bonds for tihe hands ; Ns x vtrs,. an nronr 
bcMid or shackle for the feet or neck, Festusin voce; also a 
^wooden frame with holes, in which the feet were put 4md 
* fastened, the stacks ; sometimes also the handd and neck ; 
ealled likewise Co z, i;k b a r , Phut. Mud. m. 6. 30. Liv. via. 
28. Boue, leathern thongs, and also iroi^diains, for tying ^ 
neck or feet, Plant. Asin. iii. 3. 5. 

3. VERBERA, beating or scourgaig, with sticks or 
staves, Cfustibus); with rods, (vtrgis)i with whq^ or iBsints^ 
(JlagelUs). But the first were in ia manner peculiar t0 ite 
camp, where the punishment was caUed Fvsrrv ariith, and 
the last to slaves, Borat* Epod. 4.Cic. jRabir. perd 4. Ju^ 



venal x. 109. Cic. ^rrr* lii. 29* Rods only were applied to 
citizens, and these too were removed by the Porcian law, 
Liv. X, 9. Sallust. Cat. SI. Cic* ib- But under the empc- 
fors citizens were punished with these and more severe in- 
sdroments, as with whips loaded with lead, ipalumbatis), Sec. 

4. TALIO, (similitudo supplicii vel vindicta, hostimen^ 
tum}^ a punishmait similar to the injury, an eye for an eye, 
a limb for a limb, &c. But this punishment, although men- 
tioned in the Twelve Tables, seems very rardy to have 
been inflicted; because by law the removal of it.could be 
purchased by a pectmi^ffy compensation, (.tabo yeipcsna re^ 
i&mipoterat. GelL xx. L 

5; IGNQMENI A vel htfarma. Disgaceor infamy was 
inflicted iinurebatur vel irrogabatur\ either by the caisors^ 
or by law, and by the edict of the pretor. Tlw^se made in-* 
famous by a judicial sentence, were deprived of their digni* 
ty, and rendered kicapable of enjoying public offices, some* 
times also of being witnesses, or of making a testament ; 
hence called Iktesta BILES, /)i^^«^ 

6« £XILtUM, banishment This word was not used 
in a judicial sentence, but AqiXiE it igkis iktbrdictio^ 
forbidding a person the use of fire and water, whereby lie 
was banished from Italy, but might go to any odier place 
be chose* Augustus introduced two new form^ of banisb- 
mcnt, called Defoet atio, perpetual banishment to a cer* 
tain place ; and Rei^eg atio, either a temporary or perpe- 
tual banishment of a person to a certain place, without de-. 
priving him of his rights and fortunes. See p. 71. Some- 
times per3ons were only banished from Italy (Us Itaha tnoerr 
^um) for a limited time, PHn. Ep. iii. 9* 

?• SERVITUS, slaveiy. Those were sold as slaves,' 
who did not give in their names, to be inroUed in the cen- 
sor's books* or refused to enlist as soldiers ; because thus 
they were suppo^ to have voluntarily renounced the rights 
of citizens, Cic' Cacin. 34. See p. 71. 

8. MORS, death, was either civil or natural. Banish* 
mefit and slavery were called a cwU death. Only the most 
heinous crimes were punished by a violent death* 

In ancient times it seems to have been most usual to hang 
ma]i6fiu;tor^ iutfeUci arbmi ^wpendere\ Liv« i. 36. afteiw 



29S liOAfAN ANTIQUITIES. 

\f%rds, to scourge (xnrgis cadere) and behead Acm, (securi 
percutere), Liv* ii. 5. vii. 19. xxvi. 15. to throw them fi^m 
the Tarpeian rock, (tie soxo Tarpeio dejicereJ^ Id» vi. 20. 
or from that place in the prison called Ro b tr r , Fdstus. P'aler. 
Max.vu 31. also to strangle them (laqueogulam^^ttur^ 
vel cervtcemfrangere)^ in prbon, Id. v. 4, 1, SaUusts Cai» 
55* Cic Fdtin. IL Lucam ii. 154. 

The bodies of criminals, when executed, were not burnt 
. or buried ; but exposed before the prison, usually on cer- 
tain stairs, called GEMONiiE sc. scala^ vel Gemonti jrd- 
dus^ (qucdgemitus hcus essei); and then (h'agged with a 
hook, (unco tractty^ and thrown into the Tiber, Suet. Tibs. 
S3, 61, 75. Fitell. 17. Tacit. Hist. iii. 74. Piin. viii. 40. s. 
61; Faler. Max. vi. 3, 3. Juvenal, x. 66. Sometimes, how- 
ever, the friends purchased the right of burying them. 

Under the emperors, several new and more severe puni^ 
ments were contrived ; as, exposing to wild beasts, \adbe$* 
tias dbmwflfW, burning alive, ^vivkom6urium)j &c. When 
criminds were burnt, they were dressed in a tunic besmear- 
ed with pitch and other combustible matter ; called TUNL 
C A MOLESTA, Senee. Ep. 14. Juoenol. viii- 235. i. 1S5, 
Martial, x. 25, 5. as the Christians are supposed to have 
been put to death, Taeit. Annal xv. 44. Pitch is mention- 
ed among the instruments of torture in more ancient tiiiies« 
Plaut. Capt. iii. 4, 65. Lucret. iii* 1030. 

Sometimes persons were condemned to the public works, 
to engage with wild beasts, or fight as gladiators, PKn. Ep. 
2t. 40. or were employed as public slaves in attending on tho 
public baths, in cleansing common sewers, or repairing the 
streets and highways. Id. 

Slaves after being scourged, tsub/urca cast)^ were cruci- 
fied, (m crucem acti jiinr)* usually with a label or inscription 
on their breasts, intimating their crime 6r the cause of their 
punishment, Dio, liv. 3. as was commonly done to other 
criminals when executed, Suet* Col 32. Dom. 10« Thus Pi* 
late put a title or superscription on the cross of our Saviour, 
Mutth. xxvii. 37* John xix. 19. The form of the cross is 
described by Dionysius vii- 69. Vedius PoUio, one of the 
friends of Augustus, devised a new si)ecies of cruelly to 
slaves, throwing them into a fish-pond to be devoured iar 
bmpreys, (mur^fuc\ Plio. ix. 23, Sr 39. Dio. liv* 23. 



A person guilty of parricide, that is, of murdering a paie^t * 
or aay near relation, after bebg severely scourged, {sanguis 
neis virgU earns J ^ was sewed up in a sack, {.culeo inmtus)^ 
. wilii a dog, a cock, a viper, and an ape, and then thrown in^ 
to the sea or a deep river, Cic. pro Rose. Amer^ ii« 25, 26. 
Smec. clem. i. 23. H^'Z&^^^i^^^^.^- 

RELIGION OF THE ROMANS. /"^^ 

I. The gods whom they worshipped, 

THESE were very numerous, and divided into DU ma^ 
jorum gentium^ andMinorum gentium^ Cic* Tusc* i«. 
13. in allusion to the division of senators. Skc p. 2. 

The DH MAJORUM GENTIUM were the great ce- 
lestial dimities, and those called Dii Selecti. 

The great celestial deities were twelve in number : Dio-* 
ftyi. vii. 72. 

1. JUPITER, (2#t^, n*r$e voc* 2^», n*«^,) the king of 
gods and men; the son of Saturn and Rhea or OpSf the god- 
dess rf the earth ; bom and educated in the island of Crete ; 
supposed to have dethroned his father, and to have divid- 
ed his kingdom with his brothers ; so that he himself obtain- 
ed the air and earth, Neptune the sea, and Pluto the infernal 
regions ; usually represented as sitting on an ivoiy 
throne, holding a sceptre in his teft hand, and a thunderbolt 
(fulmen) in his right, with an eagle ; and Hebe, the daughter 
of Juno, and goddess of youth, or the boy Ganymydes, the 
son of Tros, his cup-bejarer ipincema vel pocillator\ at- 
tending on him; called Jupiter Feretrius, (a ferendo, 
quod ti spoHa opima afferebantur ferculo w/ feretro gefta^ 
Liv. i- 10. vel. m feriendo, Pultarch. in Romulo; Omine quod 
certoduoefmt ense dueem^ Propert. iv. 11, 46- Dionys. i- 
34.)£licii7s, iquod se tUum certo carmine ecoslo elicere 
poise eredebant, Ovid. Fast. ui. 327. ut edoceret, quomodo 
prodigia /ulmimbus^ nliave quo visa missa^ cururenturvd 
expiarentur, ibid. & Liv. i. 20,) Stator, CapitolinU'S. 
and ToNANS, which two were different, and had different 
temples, /)». hv. 4. Suet. Aug. 29, & 91. TAKPEiua. 
Latialis, DiESPiTER, (rfi<fi ct lucis pa^^A Optimus 
Maximus, Olympicus, Summus, Sic. SubJ&oefrigido^ 
aw6 ifo^upder the eold air, /&ra^. Od.i, L 25« ii. 3, 23»Z>4»:p 



294 ROMAN ANTrQUITIEa 

. tro Jme^ by the favour of Jupiter, Pers^ v. 114 Iheoksmi 
Jove^ i.e. CapUaUotubi Jupiter colebatur^ Herat- Od-iii. 5. 

2» JUNO, the wife and sister of Jupiter, queen of ibe 
f ods, the goddess of marriiige and of child- bjnh ;-— (^lled 
JBSj«(w^^|^M|vel regie; PHONUBAt Cquo^ nubeitftbu^ 

f^prieesset^Mrvrm Virg, ^n. iv* 166- Ovid Ep. vi. 43. Sa. 
eris prafeeta maritiSf u e* nupticUibus solemnitatibusyib. xii. 
65.) Mathona, Lucina, (quod lucem nascentibusdaret)^ 
MoNSTAi (a itf^onenda, because, when an earthquake hap- 
pened, a voice was uttered from her temple, advising' the Ro- 
n^anstQ make expiation by sacrificing a pnegnant sow, Cic* 
dwm. i. 45. U« 32.) represented in a long robe {stok^ and 
magnificent dress ; sometimes sitting or standing m a light 
jKtti drawn by peacocks, attended by the Aur/b, or air 
nymphs, and by Ibis, the goddess of the rainbow^ Jtmone 
^^cuttduyhy the favour of Juno, f^irg. JJn. iv« 45* 

3. MINERVA, or PALLAS, the goddess of wisdom ; 
hence ^aid to have sprung (cum cl^peo prosiknsse% Ovid. 
Fast* ill. 841.) from the brain of Jupiter by the stroke of VuL- 
ean ; Ter. Heaut, v. 41, 13. also of war and of latns ; said to 
be the inventress of spinning and weaving, ylan\ficii et teootu^ 
ra\ of the olive, and of warlike chariots ; Ovid, tiicU— c^ 
ed JrmipQtenMy Tritonia virgo^ because she was first seen 

• nesff the lake Tritonis in Africa ; Attica vel Cecropia^ be- 
cause she was chiefly worshipped at Athena ; represented as 
an armed virgin, beautiful, but stem and dark-coloured^ 
with azure or sky-coloured eyes, {glauds oculis> r^^tmvwt^ 
AUn, shining like the ^yes of a cat or an owl, (y>«v{» -a^ noe^ 
tua\ Gell« ii. 26. having an helmet on 1|^ head, and a 
plume nodding formidably in the air ; holding in her right 
hand >a spefu:^ and in her left, a shield, covered with the skin 
of the goat Amalthea^ by which she was nursed, (hence ealL 
ed iEGIS), given her by Jupiter, whose shield had the same 
name, ^trj'-^».viil354' ^ibiSera* in the middle of wliich 
was the head of the Gorgon Medusa^ a monster with snaky 
hair, wUch turned every one who looked at it into stone, 
Urid. . 

There was a statue of Minerva, (PALLADIUM), sup. 
posed to have fallen from heaveni wliich was reliQioiis^^ 



RELiGioif of the RoHAUs. 295^ 

kept mlier temple by the Trojans, and stolen from thence 
by Ulysses and Diomedes. Tolerare coh iniam tmmque 
AfinervOyi. e. lanifieio non quastuosOy by spinning and weav- 
ing, which bring small profit, Ftrg Mn- viii. 409* Invita 
'Minerva^ i. e. adversante et rffpugnante naturay against na- 
ture' or natural genius, Cic. Off, i. 31. Agere ahquidpingui 
Minerva^ simply, bluntly, without art, Cohimea i. pr. 35. 
xi. 1. 32- Abn&rmis sapiens^ crassaque Minerva^ a philoso- 
pher without rules, and of strong rough common sense^ 
Morat. Sat* ii. 2» SusMtneroam^ sc. doctt^ aproterb agdinst 
a person, who pretends to teach those who are wiser than 
himself, or to teach a thing of which he hipiself is ignorant, 
Cic. Aead* i. 4. iR?#fwj.— Pallas is also put for oil, (hrixL JSp. 
xix. 44* because she is said first to have taught the use of it. 

4. VESTA, the goddess of fire. Two of this name are 
menticmed by the poets ; one the mother, and the other the 
daughter of S(^turn, who are often confounded- But the latter 
chiefly was worshipped at Rome. In her sanctuary was sup- 
posed to be preserved the Palladium of Troy, (fatale pignut 
imperii jRomani J y Liv. xxvi. 27. and a fire kept continually 
burning by a number of virgins, called the Vestal Firgim ; 
brought by ^neas from Troy, Virg^ Mn^ ii. 297. hence hie 
locus eH Vestity qui Pallada* ^erua/et ignem, Ovid», 
Trisi* iii. 1. 39. near which was the place of Numa, ib. 40» 
H<frQt. Od. i. 2. 16. 

5. CERES, the goddess of com and husbandry, the sister 
of Jupiter ; worshipped chiefly at Eletisis in Greece, and in v 

Sicily: her sacred rites were kept very secret She is 

reppesented with her head ftrowned wiA ears of com or pop- 
pies, and her robes falling down to her feet, holding a tore h 
in her hand. She is said to have wandered over the whole/ 
earth, with a torch in her hand, which she lighted a mount 
iEtna, {Hine Cereris sacris nunc quoque tada cfefar, Ovid. 
Fast- iv. 494. in quest of her daughter Proserpina^ who 
was carried off by Pluto. — — PLUTUS, the god of riches, 
is supposed to be the son of Ceres.' 

Geres is called Legifera^ the lawgiver^ because laws 
were the effect of husbandry, PRn. viii. 56. zxAArcanay be- 
quse her sacred rites were celebrated with great secrecy, 
Horai, Oi.yki.% 27. and witjj torches ; whence, etper ticdi^ 



296 ' ROMAN ANTIQUITIES. 

fera mysHca sacra Deity Oyid. £p. iL 42. particulaily at 
Eleusis in Attica, Uacra Eleumia)^ from which, by the 
Toi^ of a herald, the wicked were excluded ; and even Ne- 
lOy while in Greece, dared not to profane them. Suet, JVer- 
34. Whoever entered without being initiated^ although igno- 
rant of this prohibition, was put to death, Liv,xxx\l 14* 
Those initibted were called Mystm, Oidd- Fast. iv. 356. 
(a /WW, premoO whence mysterium. A pregnant sow was sa- 
crificed to Ceres, because that animal was hurtful to the com 
fields, Oxnd. P<^L ii. 9, SO. Met. xv. 111. And a fox was 
burnt todeatli at her sacred rites, with torches tied round it; 
because a fox wrapt round with stubble and hay set on fire, 
being let go by a boy, once burnt the growing com of the 
people of Carseli, a town of the i£qui, Ovid. Fashlv., 681 ^ 
to 712. as the fox^ of Samson did the standing com of the 
Philistines, Judg. xv. 4* 

Ceres is often put for com or bread ; as. Sine Cerere et 
JBaceho friget Fenus^ without bread and wine love px)ws 
fold, Terent. Eun. iv. 5, 6' Cic. Nat- D. lu 23. 

6. NEPTUNE, (a nando, Cw. Nat. D. \u 26. vel quod 
mare terras obnubit, vi nubes eo^lum ; a nuptu, id est^ oper^ 
Hone : unde nupti«, Farr. L. L. iv. 10.) the god of the sea, 
.and brother of Jupiter ;— ^represented with a trident in his 
right hand, and a dolphin itk^.bis left;- one of his feet resting 
<yt part of a ship : his aspect najestic and serene : sometimes 
in a chariot drawn by sea-horses, with a triton on each side ; 
called iEc^us, Virg. Mn- iii. 74. beqause worshipped at 
iEgte, a town in the island of Euhsea, Horner. IL y. 20. U^ 
terque JSrepfunus^ the mare superum and inferum^ or. both 
sides of Italy ; or Neptune who presides over bath salt and 
jresh water, {liquentihus stagrds marique salso), Catull. xxix. 
3. Neptuma arva vel regna^ the sea, Virg. Mn. viii- 695. 
Neptunius dux^ Sex. Pompeius, Horat. Epod. ix. 7. who, 
fhnn bis power at sea, called himself the son of Neptune, 
Dio. xlviii. 19. J^eptunia Pergama vel 7r/y a, because its 
walls were said to have been built by Neptune and Apollo, 
Ovid. Fast. \. 525. Virg. Mn. ii. 625. at the request of Lao- 
medon, the father of Priam, who defrauded them of their 
jvomised hire, (pacta mercede destituit), Herat. Od» iii. 3, 
i2. that iS| he applied to that purpose, the money which m 



RfiiiozoN (^ the RoMAHSt S!^ 

Had vowed to their service, Serv. in Firg* On which wv 
count Neptune was ever after hostile to the Trojans, Virg. 
.^n. ti. 610. and also to the Romans, Id. GA. 502. Apc^o 
\vas afterwards reconciled by proper atonement ; being also 
ofl^ded at the Greeks for thdr treatment of Chry seis, the 
daughter of his priest Chryaes, Serv. ib. whom Agamem* 
non made a captive, Ovid. Itemed. Am. 469. Homer. IL i.— * 
The wtfe of Neptune was jimphUriiey sometimes put Sbr 
the seq, Ovtd. Met. i. 14. 

Besides Neptune, there were other sea-gpds and goddes-' 
ses ; OceamtSy and his wife Tethys ; Nereus, and his wife 
Doris; Xh^ Nereides^ Thetis^ Ihto. Gaiatea^ &c. Triion^ 
J^roteus, Portumnus^ the son of Matuta or Aurora and 
Olaucus^ Ino^ Palemm^ &c* 

7. Venus, the goddess of love and beauty, said to have 
been produced from the foam of the sea, near the island Cy- 
thera; hence called Cytherea^ Horat. Od. i. 4, 5. F>Tg. AStu 
rr. 128. Marinai-IA. m. 26, 5. and by the Greeks 'a^^^i^^ 
ab m^9%, spuma : according to others, the daughter of Jupi- 
ter and the nymph Dione .* hence called Dionaa mAteTj by 
her son iEneas, Firg. Mn. iii. 19. and Julius C«esar Dionte^ 
iis ; as being descended from lulus, the son of iEneas, Id- 
EcL ix. 47. Dionao sub antfOj under the cave of Veiras, 
ITorai. Od. il 1, 39.— the wifeofVulcsoi, iKit unfaithful to 
him, Ovid. Met. iv. 171, &c. worshipped chiefly at Papha^^ 
Amathus^ •untis; and Idaha v. -win, in Cyprus ; at Eryx 
in Sicily, and at Cnidus in Caria; hence called CypriSf 
MiSy Dea Paphia ; Amathusia Fenus^ Tacit. Annal. Hi* 62» 
Fenus IdaliQy Virg, iEn- v. 760. and Ear d in a, Horat. Od^ 
i. 2, 33. Cic. Ferr. ii. 8* Segina Cnidi, Horat- 'Od. i. 30, 1. 
Fenus Cnidta^ Cic. Divin. i. 13. Verr. iv. 60. Alma^ decern^ 
auredyformpsay &c. also Ctoaeinarx Cluacinai flPoYn cluere^ 
anciently the same with luere or purgare^ because her tern* 
pie was built in that place, where the Romans and Sabines^ 
after laying aside their arms, and concluding an lagreement^ 
purified themselves, Plin. xv. 29, s. 36.— —-Also stipposed 
to be the same with Libttina^ the goddess of fnncrak, ZXa- 
TtySf iv. 15. whom some make the same with Proserpine, 
PbOarch. in JVuma, 67 — often put for love, or the indul. 
geneeofH: DnrnnosaFmuSjHordt. Ep.u iS^21. Sera/Ug 

Rr 



1298 . ttOMAN ANTIQUITIES. 

venumFtnus^ eoqut tnexhausta pubertas^ TekH^ de mor 

Germ. 20. — ^for a mistress, BamL Sat* i. 2, 119. — 4. 113. 

Ftrg. Ec* ill. 68 -^for beauQ*, comeliaess or grace, £lattt. 

Stick, ii. 1, 5. Tabula picta Fenus^ vel Fenustoi^ quam 

Graa xh»'^^ vacant, PUn. xxxv. 10, s. 36. Dicendivenereg, 
Ae graces, QuinctiHan. x. L Fenerem habere, Senec Be. 
nef ii. 28* Cicero saysj there were more than one Venu^ 
A at. D. ill. 23. (Venus dicta, quod ad omnesres vaairet; 
afque ex ea vmustas, M. ii. 27. et Ve nehii, L e- teroi Ve- 
neris, id. Caecil. 17.*) 

Tiie tree most acceptaWe to Venus was the myrtle, Firg. 
Eel vii- 62. W SerH, in ice. Mn. v, 1% hence she was call- 
ed Myrt^a, and by corruption, Murcia, Plin^ xv. 29,s. 
36. Plutarch, quest. Rom. 20. Farr, L. L. iv. 32. Serv. in 
Firg. Mn. viii. 635. and the month most agreeable to her 
was April, because it produces flowers ; hence called mensk 
Veneris, Horat. OcL iv. 11. 15. on the first day c^ which 
the matrcms, crowned with msntle, used to ba&e Uiemsdves 
in the Tyber, near the temple of FoaTtrKA virilis, to 
wh0m they ofiered frankincense, that she would conceal 
tiiehr defects from their husbands, Ovid* Fas^ iv.* 139, &c. 

The attendants of Venus were her scm CUPID, or ra- 
ther the Cupids, for there were many of them ; but two 
most remarkable, one {Eros) who caused love, and the other 
i4nteros) who made it cease^ or produced mutual love ; 
painted with wings, a quiver, bow, and darts : The three 
GRACES, Gratia vel Charites, Aglaia or Pamthea, Tha^ 
Ha^ and Eupkrosyne, represented generally naked^ with their 
hands joined togetiier; and NYMPHS, dancing with the 
Graces, and Fenua at their head, Horat. Od. i. 4^ 5.*-^0. 
6*ii. 8, 13. Senec. Ben^f.i. 3. 

e. VULCANUS vd JWi/fci6*f, the god of fire^ (Ickipo. 
TENS, Viif:. X. 243.) and of smiths ; the son of Jupiter and' 
Jun6, and husband of Venus : represented as a lametbhck- 
smith, hardened from the forge, with a fiery red fece whilst 
zt work, and tired and heated after it. He is generafiy the 
subject of pity or ridicule to the other gods, as a cuckold 
and lame. 

Vulcan is said to have had his work^shop (t^ffkifui) cladiy 
KiLminoii and in the i£oltan or X^p«n islands iieacSialj'i 



Religion t^ the Uoman%, SSMI 

or in a cave of Mount iEtna. His workmen were the Cy. 
slopes, giants \^ith one eye in thdr forehead, who were nsu* 
ally employed in making the thunderbolts of Jupiter, Firg. 
^/En.. viii* 416. £?£?• Hence Vulcan is represented in spring 
as eagerly lighting up the fires in tlicir toilsome or strong 
smellhig workshops, {graves ardms urit offictnas)^ to pro* 
vide plenty of thunderbolts for Jupiter to throw in summer, 
Iforat. Od i. 4. 7. called, avidus^ greedy, Id. iii. 58. as V^ir- 
gil calls ignisy fire, edax^ from its devouring all things, Mn. 
ii. 758. — sometimes put for fire, iL 311. v- 662- vli. 77* 
Horat Sat. 15, 74. Plant. Amph i. 1. 185. called tuteus 
from Its colour, Juvenal, x. 133. from luteutn v* lutum^ 
woad, the same with gkstum^ Caes. B. G. v. 14. which dyes 
yellow ; herba qim C(truleum inficiunt^ Vitruvt vii, 14. Plim 
xxxiii- 5, s. 26. Croee^ mutabit vellf^ra Into, Virg- Eel. v* 
44. luteum ovi^ the yolk of an egg, Plin. x. S3, or rather 
from lutum^ clay, lutetis, dirty. Cicero also mentions mwe 
than one Vulcan, JVaf . />• iii. 32. as indeed he does in speak- 
ing of most of the gods. 

9. MARS, or Mavars, the god of war, and son of Juno ; 
worshipped by Ae Thracians, Gietae, and Scythians, and es^ 
pecially by the Romans, as the father of Romulus their 
founder, called Oradkms (a gradiendo); Ovid- Fa$t^ ii. 861. 
painted w(th a fierce aspect, ridiiig in a chariot, ox on horse^ 
back, with an helmet and a spear- Mars, when peaceable^ 

was called Quijiikus, Serv. in Virg. i. 296. BELLO- 

N A, the goddess of war, was the wife or sister of Mturs. 

A round shield (ANCILE, quodab omni parte recisum 
e»l, Ovid. Fast, iii, 377.) is said to have fallen from heaven^ 
in the leign of Numa, supposed to be the dbield of Mars i 
which was kept widi great care in his sanctuary, as a sym* 
bol oTthe perpetuity of the empire, by the priests of Mars^ 
who W€f^ cdled S ALII ; and that it might not be stolen, e* 
\even others were made quite like it, ianeilia -mm, vel -«7. 
rum)j • 

" The animals sacred to Mars were the horse, wolf, and the 
wood-pecker, (picus). Mars is often, by a metonymy, pu{ 
for war or the fortune of w5?r; thus, w£^o, vono, aneipite, 
tncertoM'irte pngnatum e«^, with equal, various, doubtful 
success i Mars eommwtis, the uncertain events c^ war, C^;» 



30ft ROMAN ANTIQUITIES. 

AccmdereMartem cmttu, i. e. pugnam vel miKies ad pugmufi 
tuba ; coUato Marte ei eminus pugnare ; invadunt M^rtenh 
clypeisy i. e. pugnam ineuni^ Yirg. JSTosiro Marte ati^md 
peragerty by our own strength, without assistance, Cie. Ve^ 
Ttcund^ eratj equitem sua aHenogue Martjt pugnare^ cxt 
horseback^ and on foot, Uv. iii. 62. Valere Marte f&fiensi^ 
to be a good pleader, Ovid. Pont, iv- 6, 39- Dieere difficile 
estf quid Mars tuusegerit iltic^ i. e. beWica virtus^ valour or 
courage, ib. 7, 45- Nostro M^te^ by our army or soldiers^ 
Horat. Od. iii. 5, 24. Altero Marte^ in a second battle,' ib* 
34 Mars taus^ your manner of fighting^ Ovid. Artanr. i. 
212. Incurm gemini Mortis^ by land and sea, Lueam* vi. 
269. 

10. MERCURIUS, the son of Jupiter and Mata, the 
daughter of Atlas ; the messenger of Jupiter and (tf the gods ; 
the god of eloquence ; the' patron of merchants and of gabi, 
whence his name, According to others, quan Medicurrius, 
^uodvasdiu^interdeaeet hdmines Gwn^hdX) \ the inventor 
of the lyre and of the harp ; the protector of poets or men of 
genius iMercurtalium virorum\ of musicians, wrestlers, &Ct 
the conductor of soiils or departed ghosts to their proper man- 
aions ; also the god c^ ingenuity and of thieves, called C^A 
fenms^r. CtfUenia prolesj firom CyUene, a mountain in Area-* 
dia on which he was bom ; and TegtauSi irotn Teged^ a 
city near it. 

The distinguishing attributes of Mercmy ate his Pr^o- 
9us^ or winged cap ; die Taiaria^ or winged sandals for his 
feet ; and a Caduceus^ or wand (virga) with two serpents 
about it, in his hand. Sometimes, as the god of merchants, 
be beso^ a purse, (marsupiujH\ Jiorat^ i. 10. f^irg. JSn. iv. 
239. viii. 138^ 

Images of Mercury (HERMES trunci^ shapeless posts 
with a marble head of Mercury on them, Jtmerud. vm. 53.) 
used to be erected where seveia} roads met (in compiti»\ to 
point out the way ; on sepulclut^s, in the porches of temples 
and houses, Sec. Ex quavis ligno nan fit Mtrcunae^ every 
one cannot become a schdiar. 

11- APOLLO, the son of Jupiter and Latona, bom inthe 
island Delos ; the god of poetry, music, medicine, augury^ 
^archery; called alaoi^Afiriur and v&ii He had oracles in 



Religion o/th^ouinsd 301. 

mnnsr places, the chief one at Delphi^ in Phocis ; coBied by 
various names from the places where he was worshipped; 
Cynthiiis* from Cynthus a mountain in Delos; Patareus^ 
or '4tus^ from Patara, a city in Lycia ; Latous^ son of La* 
tona, fhymbr^us^ Qrynisus^ &c. also Pythiw^ from haying 
slain die serpent Python^ ivd a ^v^^f^mi^ quod consaleretur)* 

ApoUo is usually represented as a beautiful beardless 
young man, with long hair, (hence called mtanstis et crini^ 
tus^ Ovid. Trist- iii. 1. 60,) holding a bow and arrows in his 
right hand, and in his left hand a lyre or harp. He is crown* 
ed with laurel, which was sacred to him, as were the hawk 
and raven among the birds. 

The son of ApoUo was uESCULAPIUS, the god of phy- 
sic^ worshipped formerly at Epidaures in Argotis^ under the 
form of a serpent, or leaning on a staff, round which a ser^ 
pent was entwined ; represented as an old man, with a long 
beard, dressed in a loose robe, with a staff in his hand. 

Connected with ApoUo and Minerva were the nine MU- 
SES ; said to be the daughters of Jupiter and Mnemosyne or 
memory- ; CaUiope, the muse of heroic poetry ; C/», of Hs- 
tory ; MetpomeneyOiXxv^SeAy j Thalia^ of comedy and pasto- 
rals ; Er^tOy of love-songs and hymns ; Euterpe^ of playing 
on the flute ; Terpsichore^ of the harp ; Potyhymma^ of ges- 
ture and delivery, -also of the three-stringed instrument called 
Barbitosy vel *on; and i^amVi, of astronomy, ./^fiion. JSn 
dyil^' 20. fHodor. iv^ 7. Pkomutus de datura Deorum- 

The muses frequented the mountains Parpassusy H4u 
con^ Pierusy &c. the fountauis Castaliusy AganippCy <x Hy^ 
poer^fney &c- whence they had v»ious names, Helicomdes^ 
ParnassideSf Pieridesj Castalidesy The^iadesy Pempliadesp 

12. DIANA, the sister of Apollo, goddess of the woods 
and of hunting ; called Diana on earth, Luna in heaven, and* 
ffeeaie in hell ; hence tergemmay diva triformiiy Tria vir^ 
ginU ora Di(ma^ Virg. iEn. iv. 52. Also Lucma^ lUithya^ 
et Genitalis seu QenetyUis ; because she assisted women ia 
child-birth ; Noctducay and siderum regina^ Horat. Trivia^ 
from her statues standing where three ways met. 

Diana it represented as a tall beautiful virgin, with a qui-* 
ver cm her shoulder, and ajavclin or a bow in her right hand* 
chasing deer or other aniinutts* 



362 ROMAN ANTIQUITIES. 

Thesetwelve deities were called CoNsENTES,.trw; Van I 
L. Lt vii. 38. quia m constlium Javis adfubebantury Au^us- 
tin. de Civit Dei, iv, 23. Duodecim emm deos advocate^ Se- 
nee. Q« Nat. ii. 41. a consensu, quasi consentientes ; i^eia 
eensendo, u e* consulo :) and are comprehended in these two 
verses of Enoius ; as quoted by Apuleius, de Deo SocratU ; 
Juno, Vesta^ Minerva^ Ceres^ Diana^ Fenus, Mars^ 
MercuriuSy Javi^^ JVeptunus^ Vulcanus^ ApoUo* 

On ancient inscriptions they are thus marked :»j . o. m. f. e. 
J!wio/>ffm()i7?aa:i/no»CETERi8<^ DisCoNSENTiBus. They 
were also called dii magni, Ftrg.jEn, iii. 12. Ovid. Amor. 
iii. 6. and c^elestes, Vitruv. i- 8. Virg. Mn. i. 391. Gic. 
kgg* ii. 8. or NOBiLEs^Outrf. J/c^ i. 172. and are represent- 
ed ais occupying a different part of heaven from the inferior 
gods, who ate called pl e bs, ibid. 

The DII SELECTI were eight ik nukber- 

1. S ATURNUS the god of time ; the son of Coslus or 
tfranus^ and Terra or Festa. 

Titan his brother resigned the kingdom to him on this con- 
dition, that he should rear no male oflfepring. On which ac- 
count he is feigned by the poets to have devoured his sons 
as soon as they were bom. But Rhea found means to de-* 
eeive him ; and bring up by: steahh Jupiter and his two bro- 
thers. 

Saturn being dethroned by his son Jupiter, fled into Italy, 
and gave name to Latium^ from hislurking there fa latendoJ. 
He was kindly received by Janus king of that country. Un- 
der Saturn is supposed to have been the golden age, when 
the earth produced food in abundance spontaneously, when 
sffl tfibgs were in common, Virg. G. i. 12S. and yAtsn there 
was an intercourse between the gods and men upon earth ; 
which ceased in the brazen and ii^on ages, when even the 
virgin Astreay or goddess of justice, herself, who remained 
on earth longer than the other gods, at last, provoked by the 
wickedness of men, left it, Ovid. Met, i. 150. The only 
goddess then left was Hope, Id. Pont, i. 6. 29. 

Saturn is painted as a decrepit qld man, with a scythe in 
his hand, or a serpent biting off its own tail. 

2. JANUS, the god (^the year» who presided over the 



BiticieN of the RoirA}f&. ^S 

j:ates of heaven, and also over peace and war. He b paint* 
ed with two faces, (bifrans^ vel bicepsJ. His temple was 
open in time of war, and shut in time oi* peace, Liv. i. 19. A 
street in Rome, contiguous to the Forum, where bankers liv- 
ed, was called by his name ; thus Janus summus ab imo^ the 
street Janus from top to bottom, Horat.Ep.' i. 1. 54. mediust 
the middle part of it ; id. Sat. ii. 3. 18, Cic. Phil. vL 5. 
Thorouglifdres ftffmsitiones pervtaj from him were called 
Janiy and the gates at the eutrajice of private houses, Janu^^ 
Cic, N. D/ii»27. thusc/^a:^roJANopor^«CARMSNTALis» 
Liv, ii, 49. 

4. RHKA, the wife of Saturn ; called also Ops^ Cybele^ 
Migna Mater ^ Mater Dearum^ Berecynthia^ Idita^ and Z>m- 
dymene^ from tlirec mountains in Phrygia. She was painted 
as a matron, crowned with towers, fturritaJ^ sitting in a 
chariot drawn^by lions, Ovid^ Fast. iv. 249, &c. 

CybtUy or a sacred stone, called by the inhabitants the 
mother of the gods, was brought from Pessinus in Phrygia 
to Rome, in the time of the second Punic war, Liv. xxix* 
1I..& 14, 

4. PLUTO, the brother of Jupiter and king of the in- 
fernal regions ; called also Orcusn Jupiter tnfemus ei Sty* 
SW. The wife of Pluto was PROSERPINA, the daugh- 
ter of Crres^ whom he carried off, as she was gathering flow- 
ers in the plains of £nna in Sicily ; called Juno infema or 
StygtQi often confounded with Hecate and Luna or Dianfi ; 
supposed to preside over soroeries or incantations, ^veneji^ 
eils pr^essej. 

TUere were many other infernal deities, of whom the chief 
were the FATES or Destinies, (PARCiE, aparcerido^ vel 
per Antiphrasiit, quod nemini parcant)^ the daughters of 
Jupiter and Themis^ or of Erebus and Nox, three in num* 
ber ; Cbtho, Lachesis, aad Atropos, supposed to determine 
the life of men by spinning ; Ovid^ Pont. i. 8. 64. Ep. xii. 
S. C/bf^^held the distaff; Ijachesis ^201 ; and Atroposciit 
the thread. When there was nothing on the distaff to spb, 
it was attended with the same effect, Ortd Amor. ii. 6. 46. 
Sometimes they are all represented as employed in breaking 
the threads, Lucm. iii. 18. The FURIES, fPuria vel Dir^. 
Eumenides vel Ermnyes)^ also three in nimiber, Akcto, 



504 ftOMAN ANTIQUITIES, 

7)fsiph(me^ and Mtg^ra : represented with wings, and 
snakes twisted in their hair ; holding in tlieir hands a torcli 
and a whip to torment the wicked. MORS, vel Letkum^ 
death; SOMNUS, sleep, Sec. The punishments of the 
infernal regions were sometimes represented in pictures, to 
deter men from crimes, PlauU Captiv. v, 4. 1» 

5. BACCHUS, the god of wine, the son of Jupiter aud 
Semele ; called also Liber or Ly^us^ because wine frees the 
minds of men from care : described as the conqueror of In- 
dia ; represented always young, crowned with vine or ivy 
leaves, sometimes with horns, hence called cornicer, 
Ovid. Ep. xiii. 33. holding in his hand a thyrsus^ or spear, 
bound with ivy. His chariot was drawn by tygers, lions, or 
lynxes, attended by Silenus, his nurse and preceptor. Bac- 
chanals (frantic women, Bacche^ Thy odes ^ vd Metiades)^ 
and satyrs, Ovid. Fast, nu 715. — 770. Ep. iv. 47. 

The sacred rites* of Bacchus, (Bacchanalia^ ORGIA vel 

DionysiaJ, were celebrated every third year, (hence called 

trietericaJ, in the night time, chiefly on Cithdmm and Isme- 

\ nus in Boeotia, on Ismarusy Rhodope^ and Edon in Thrace. 

PRIAPUS, the god of gardens, was the son of Bacchus 

and Venus, Serv. in Firg. G. iv. iii. 

6. SOL, the sun, the same with Apollo ; but Mmedmes 
also distinguished, and then supposed to be' the son oiHy- 
perion^ one of the Titans Cff giants t>roduced by the earth ; 
who is also put for the sun. 

Sol was painted in a juvenile form, having his head sur- 
roimclcd with rays, and riding in a chariot drawn by four 
horses, J^ttendcd by the -flbr^ or four seasons, Fer^ thespring; 
jEstus, the summer ; Autumnusy the autumn ; and IRemsj 
the u inter, Ovid Met. ii. 25. 

The sun wns worshipped chiefly by the Persians under 
^ thename of JV/z/Aroj. 

7. LUNA, the moon^ as one of the Dii Selccti^ was the 
daughter of Hyperion, and sister of Sol. *Her chariot was 
drawn only by two horses, 

8. GENIUS, the daemon or tutelary god, who was sup- 
posed to take care of every one from his birth during the 
whole of life. Places and cities, as well as men, had their 
particular GeniL 



Relicion of the Rou a Jits. SOB 

It was generally believed that every person had two Genii^ 
the one good, and the other bad. Defraudare genium mum^ 
to pinch one's appetite, Ter. Fhorm. i. 1. 10. Indu/gerege* 
nioy to indulge it, Ptrs- v- 151. 

Nearly allied to the Genii were the LARES and PENA- 
TES, household-gods, who presided over families. 

The Lares of the Romans appear to have been the manes 
of their ancestors, Virg. jEn, ix. 255. Small waxen images 
of them, clothed with the skin of a dog, were placed round 
the hearth in the hall, f'in atrioj. On festivals they were 
crowned with garlands, Plaut- Trin. i. I. and sacrifices 
were offered to them, Juvenal, xii. 89. Suet. Aug. 31, There 
were not only Lares domestwi et famUiares^ but also Com^ 
pitales et vialesy militares et marinty &c. 

The Penates Carve a penu ; est enim ornne quo vescuntuT 
homines^ penus; srve ywot/ penitus insident^ Cic. Nat* 
Dew- ii' 27- Dif per quos penitus spiramus^ Macrob- Sat. 
iii. 4. Idem ac Migni Dii^ Jupiter^ Juno^ Minerva^ Serv. ad 
Virg. iEn. iL 296.) were worshipped in the innermost part 
of the house,. which was called Penetralia ; also Impluvium 
or Compluviumy Cic. et Stiet. Aug. 92- There were likewise 
Publiei Penates f worshipped in the Capitol, Lw. iii. 17, 
under who^e protection tiie city and temples were. These 
jS^neas brought with him from Troy, Firg. Mn. ii. 293, 
717. iii. 148. iv. 598- Rtnce Patrii PenateSf/amtliaresquej 
Cic. pro Dom. 57- 

Some have thought the Lares and Penates the same ; and 
tliey seem sometimes to be confounded, Cic- P. Quinct. 26- 
8c 27. Fvrr. iv. 22« They were, however, different. Zip. i. 
29. The Penates were of divine origin ; the Lares of > hu- 
man. Certain persons were admitted to the worship of th^ 
Luresy who were not to that of the Penates. The Penates 
were worshipped only in the innermost part of the house ; 
the Lares also in the public roads, in the camp, and on sea. 

Lar is often put for a house or dwelling : Apto cum late 
fundus, Horat. Od. i- 12. 44. Ovid. Fast. vi. 95. & 362. So 
Penates ; thuSjNiistris sticcede Penatibus hospes^ Vijrg. iKfl. 
viii. 123. Plio, Pan. 47. Ovid. Fast, vi- 529. 

Ss 



S06 ROMAN ANTIQUITIES. 



T 



DII MINORUM GENTIUM, OR INFERIOR DE- 

ITIES, 

^HESE were of various kinds : 

L i)w INDIGETES, w heroes ranked among the 
gods on account of their virtue and mer^ : of whom the 
chief were, 

HERCULES, the son of Jupiter and Alcmena, iidfe of 
Amphitryon, king of Thebes; famous for his twelve labours, 
^nd other exploits ; squeezing two serpents to death in his 
cradle ; killing the lion in the Nemsean wood ; the Hydra 
of thelake Lcma ; the boar of Erymanthus; the brazen- 
footed stag on mount Menalus ; the harpies in the lake of 
Styniphalus ; Diomedes, and his hors^ who were fed on 
human flesh ; the wild bull in the island of Crete *r cleansing 
% t the stables of Augeas ; setbduing the Amazons and Cen- 
taurs ; dragging the dog Cerberus from hell ; ^carrying off 
the oxen of three-bodied Geryon from Spain ; fixing pillars 
- io ih^f return Gaditanum^ or Straits of Gibralt£ff ; bringing 
away the golden apples of the Hesperidesy and killing the 
dragon which guarded them ; slaying the giant Antasus, and 
the monstrous thief Cacus, &c. 

Hercules was called Alctdes^ from Akaus the fefher of 
Amphitryon ; and Tirythius from Tvryn$^ the town where 
he was bom ; Oet*u$y from mount Oete^ where he died- Be- 
ing consumed by a poisoned robe, sent him by his wife De- 
Janira in a fit of jealousy , which he could not pull off, he laid 
himself on a funeral pile^ and ordered it to be set on fire. 

Hercules is represented of prodig^us strength, holding a 
club in his right hand, and clothed in the skin of the Ne- 
masanlion. 

Men used to swear by Hercules in their asseverations ; 
Hercle^ Mehercle^ vel -ea; so under the title of DIUS FI- 
JDIUS, i. e. Deusfidevy the god of faith or honour; dius, 
per Dium Ftdium^ Plaut; me DtusJldiztSf sc* jtwet^ Saltust. 
Cat. 35. 

Hercules \t^as supposed to pre^de over treasures; hence 
Dives amico Hercule^ Horat. Sat- ii. 6. 12. dextro Hercule^ 
by the favour of Hercules, Pers^ ii. 11« Hence those who 
obtained great riches consecrated fpoUucebantJ the tiaitfa 



ItELlCtON tfitm RotfAKS* 807 

l^art.to Hercule^, Cic. Nat. D. iii- 36. Plant. Stick* i. 3. 80* 
SaciJi. Vi. 4, 15, Plutarch, in CrassOj init' 

CASTOR and POLLUX, sons of Jupiter and Leda, the 
wife of Tyndarus king of Sparta, brothers of H|plena and 
Clyteninestra, said to have been produced from two eggs ; 
from one of which came Pollux and Helena, and from the 
other, Castoc and. Cljrtemnestra* But Horace makes Cas- 
tor and Pollux to spring from the same egg, Sat. ii. 1. 26. 
He however also. calls them Faathes H£L£Ni^ Od/i. 3* 
2 ; the gods of mariners, because their constellation was 
much observed at sea :— called Tyndaridtr^ Gemini^ &c» 
Caster was remarkable for riding, and Pollux for boxing ; 
Hona* Od. i. 12. 26. represented as riding on white horses, 
with d starA)ver the head of each, and covered with a cap ; 
hence called Fratres Pileati, Festus, CatulL S5« 
There was^ temple at Rome dedicated to both jointly, but 
called the temple ooly of Castor, Dio* xxxviL 8. Suet. Cas* 
10. 

uEncas, caUed Jupiter Indiges: and Romulus^ QUIRI- 
NU8, after being ranked among the gods, either from 
Quiris^ a spear, or Cures^ a city of the Sabines, Ovid, Fast^ 
ii. 475.— 480. 

The Roman empercx's also after their death were ranked 
among the gods. 

2. There were certain gods called SEMONES, {quasi se- 
mihooiines, minofes dizs et majores hominibus\ Liv. viii^ 
20. as, 

PAN, the god of shepherds, the inventor of the flute; 
said to be the son tAM^cury and Penelope^ Cic. worship, 
ped chiefly in Arcadia ; hence called Arcadius and Manalius^ 
vel ^ides et LyceuSy from two mountains there ; Tegeaus^ 
from a city, &c. called by the Romans /wmk^; — represent- 
ed with horns and goats' feet 

Pan was supposed to be the author of sudden frights or 
causless alarms 4 from him called Patiici terroresj Dionys. 
v. 16- 

FAUNUS and SYLVANUS, supposed to be the same 
with Pan. The wife or daughter df Faunus was Fauna or 
Fatua^ caUed also Mariea and Bona Dje a, Macrob* Sat\ 



508 ROMAIC ANTIQUITIES. 

. There were several rural deities, called FAUNI, who were 
believed to occasion the night-mare, Cludibria noctis vd e- 
phia/ien imtntttere), Plin* xxv. 3. 

VERTUMNUS, who presided over the ^Aanj^^ of sea- 
sons and merchandise ;-— supposed to trantiform himself in- 
to different shapes. Fropert iv. 2. Hence Ftrtumnis natus 
iniquis^ an inconstant man, HoraL Sat. iu ?• 14. 

POMONA, the goddess of gardens and fruits ; the wife 
of Vertumnus, Ovid. Met. xiv. 623. ficc. 

FLORA, the goddess of flowers ; called Chris by the 
Greeks, Lactant. i. 20. 6. Ovid. Fast. v. 195. 

TERMINUS, the god of boundaries ; whose temple was 
always open at the top, Festus. CSe supra ne quid nisi ^de- 
ra cernaty Ovid. Fast iL 671.) And when, before the build- 
ing of the capitol, all the temples of the other gods were un- 
hallowed, (i^xaugurarenturJ^ it alone could not, Uv^ t 55. 

V*54^ JOVI IPi>I R£GI NOLUIT CONCEDEBE, GeU. Xli. 6. 

which was reckoned an omen of the perpetuiQ^ ofthe empire, 
Lio. ibid. • 

PALES, a god or goddess who presided over flocks and 
, herds ; usually feminine, Pastoria Pales, Flor. i. 20. . 

HYMEN vtl H YMENiEUS, the god of marriage. 

LAVERNA, the goddess of thieves, JSaraf. Ep^ i. 16. 
60. 

VACUNA, who presided over vacatiatty or respite from 
business, Ovid. Fast. vi. 307. 

AVERRUNCUS, the god who averted mischiefs, (mala 
averuneabat), Varr, vi. 5* There were several of these. 

FASCINUS, ,who prevented fascinadon br enchantment. 

ROBIGUS, the god, and Rubico, the goddess, who pre- 
served corn from blight, (a rubigine)^ Gell. v. 13. 

MEPHITIS, the goddess of. bad smells, Serv. in Firg. 
JEn. vii. 84. CLOACINA, ofthe c/mr^, or common sew- 
ers. 

Under the Semones were comprehended the NYMPHS, 
inympha), female deides, who presided over all parts of the 
earth ; over mountains, Oreades ; woods, Dryades^ Hama- 
dryadesy^ Napa^ ; rivers and fountains. Naiades vel Nata'' 
des ; the sea. Nereides^ Oceanitides^ &c. Each river was 
supposed to have a particular deity, who preiaded over it ; 



Religiok (j/'tAe RoifAK& 509 

as Tiberinus over the Tiber, Firg. Mn. viiL 31. and 77» 
JEridanus over the Po ; taurino vultu^ with the countenance 
of a bull, and horns ; as all rivers were represented, iquod 
Jfumina sunt atrocta^ ut tauriy Festus ; vel propttr impetus 
€t mugitus aquaruniy Vet. SchoL in Herat. Od. iv. 14. 25. 
Sic tauriformis vidvitur Aufidus^ Vtrg- G. iv. 371. Ooid. 
M t. ix- pr. Milan, ii. 33. Claudian. Cons. Prob. 214, &c. 
The sources of rivers were particularly sacred to some di- 
vinity* and cultivated with rJigious ceremonies, Senec- Ep. 
41- Temples were erected ; as to Clitumnus, Plin. Ep. 
viii. 8. to Ilissus, Pausan. i. 19. small pieces of money 
were thrown into them, to render tlie presiding deities propi- 
tious ; and no person was allowed to swim near the head of 
the spring, because the touch of a naked body was suppos* 
ed to pollute the consecrated waters, ibid. &? Taeit, AimoL 
xiv. 22. Thus no boat was allowed to be on the locus Fa^ 
dimams, Plin- Ep. viii. 20. in which were several floating 
islands, ibid & PHn. ii. 95. s. 96- Sacrifices were also offer- 
ed to fountains; as by Horacetothat ofBlandusia, Od. iii. 
13. whence the rivulet Digentia probably flowed, Ep^ i. 18, 
104. 

Under the Semokes were also included the judges in the 
infnmal regions, MINOS, Macus^ and Radamantkus: 
CHARON, the ferryman of hell, (PoRTiTOR,Fir^../En. vi. 
298. PoRTHMEus, 'tos^ JuvenuL iii. 266.) who conducted 
the souls of the dead in a boat over the rivers Styx and A- 
cheron^ and exacted firom each his portofium or freight^ 
{naulutn^ which he gave an account of to Pluto '; hence qall- 
ed PoRTiTOR : the dog CERBERUS, a three-headed mon- 
ster, who guarded the entrance of hell. 

The Romans also worshipped the virtues and aflections 
of the mind, and the like ; as. Piety ^ Faiths Hope^ Concord^ 
Fortune, Fame^ &c. Cw. Nat- Z). ii. 23. even vices and dis- 
eases. Id. legg' ii. 11. Nat' Z). iii. 25. Juvenal i. 115. and, 
under the en^perors, likewise foreign deities^as, /w, Osiris^ 
Anubis^ of the Egyptif^s; Lucan. viii. 831.— —also the 
winds and the tempests; jEwn/.9,theeastwind; Auster or No.^^ 
tusj the south wind ; Zephyrus^ the west wind ; Boreas^ the 
north wind; ..^yr/ctr^, the south west; Corw^, the north*east; 
and £OLUS, the god of winds, who was supposed tore- 



310 . ROMAN ANTIQUITIES. 

side in the JtApari islands, hence called Insula Molia ; AU- 
IXJEy the air-nymphs or sylphs, &c. 

The Romans worshipped certain gods, that they might do 
ftem good, and others, Aat they mightnot hurt them ; as, 
Averruncus and Bobigus^ There was both a good JUpiter 
and a bad ; the former was called Dijovis, iajtwamhy) or 
Diespi ter^znd the latter, Vejovis, orVEi)ius> Gelt^vl 12: 
But Ovid makes FejorHs the same with Jupiter parvusj or 
non magnus^ Fast. iii. 445, &c- 

II^MINISTRI SACRORUM, THE MINISTERS OF 
SACRED THINGS. 

THE ministers of religion among the Romans, did not 
form a distinct order from the other citizens* (See p. 
111.) They were usually chosen from die most honourable 
aa^ in the state. \ 

Some of them were common to all the gods, (tnrmium deo* 
Him saeerdoies ;) others appropriated to a particular deity, 
Qtni aUcui numint addicti). Of the former kind were, 

I. The PONTIFICES, (a posseiacere, qmailRsju^ erai 
sacra faciendi ; tf^lpoiiusapont^ faciendo, nam ab Us subUcius 
est foetus primum^ et resHtutus sitpe^ cum ideo sacra et uls 
teds Tlberim Jiant^ Varr. L. L. iv. 15, Dimys. ii. 73* iiL 
45.) were first instituted by Numa, Uv. iv. 4. Diony^. ii. 
i3i chosen from among the patricians ; four in number, tSl 
tiie year of the city 454, when four more were created from 
tite plebeians, Liv. x. 6» Some think that origmally diere 
was only one Ptmtifex; as no nroreare mentioned in Livy, 
i. 20* ii, 2. Sylla increased their number to 15, jLw. Ep. 
89. Theywere divided into Majorbs andMiKOEEs, Cto 
ffarusp* a. 6^ Lio* xxii. 57. Some suppose the 7 ad^tedby 
Sylla and their successors to have been called mnores / and 
^ Sold ones, and such as were chosen in their room, 
Majores/ Others think the majores Were patricians, and 
the minor es plebeians. Whatever be in this, the cause of 
Ae distinction certainly existed befotethe time of Sylla, Lio* 
ib- The whole number of the Pmtifices was called COL* 
LEGIUM, Cic^ Dom. 12. 

The Ptmtifiees judged in all causes relating to sacred 
things ; and, in cases where there was no written law, they 



MiHisTEftfl tf Rbligion. 3ll 

jprescrihed what regulations they thought proper. Such za 
neglected their mandates^ they could fine according t6 the 
magnitude of the offence- Dionysius says, that they were 
not subject to the power of any one, nor bound to give ac^ 
count of their conduct even to the senate, or people, iy 73, 
But this must be understood with some limitations ; Amt wc 
learn from Cicero, that the tribunes of the commons might 
oblige them, even against their will, to perfwm certain parts 
of their office, Dom. 45. and an appeal might be made froni 
their decree, as from all others, to the people, Asctm- in Cic. 
Mil. 12. It is certain, however, that their authority was very 
great, Cic. Dom. 1. 51. Harusp. R. 10- It particularly be- 
longed to them to see that the inferior priests did their duty^ 
Dionys, ilnd. From the different- parts of their office, Ac 
Greeks called tiiem a^«^i^«i<nMiA«<, a(M«|t«i> if^A^nAnMc, ;ff«^»fwf» 
Sacromm doctores^ administratarcsy custodesy et inierpreies^ 
ibid. 

From the time of Numa, the vacant places in the number 
ofFoniifice^j were supplied by thecolk^, Dionys. iL 7S# 
till the year 650 ; when Domitius, a tribune, transferred d)at 
right to the people. Suet. Ner. 2. Cic. RuU. \\. 7. Veil. ii. 12. 
Sylla abrogated this law, Jscon. in Cic. C^cU. 3- but it was 
restored by Labienus, a tribune, through the influence <^ 
Julius Caesar, Dio. xxxvii. 37. Antony again transferred the 
right of election from the people to the priests, Dio. xUr.Jin. 
thus Lqndus was chosen Pontifex M* irregularly, ibid.fur^ 
to creatus^Vdl. ii* 6 L /it confumne remm ac tumuUu% pwh 
tificatum maximum intercepiu Liv. £pi^tll7. Pansa once 
more restored the right of election to the pee^e, Cic. Ep. ad 
£rut 5- After the battle of Actium, permission was granted 
to Augustus to add to all the fraternities of priests as many 
above the usual number as he thought proper ; which power 
the succeeding emperors exercised, so that the number of 
priests was thenceforth very uncertain, Dio. IL 20. liii. 17» 

The chief of the Fontijces w^s called PONTIFEX 
M AXIMUS, {"quod maximus rerum, qua adsacra^ et reli- 
gianes peftinent^judex sity Festus ; Judex atque arbiter re^ 
rum (btmarum atque kumanaruntj Id. in Orbo Sacerdo^ 
tum); which name is first mentioned by Livy, iii% 54. He 
was created by the people; but the oA&r pontifical w^ 



312 / ROMAN ANTIQUITIES. 

chosen by the college, Liv. xxv. S. commonly from among 
those who had borne the first offices in the btatc, ibid. The 
first plebeian P<mt\fex M. ws^s.T. Coruncanius, Lao. £p. 

XViU. 

^ This was an oflice of great dignity iwid power. The Pafi- 
iff ex M- was supreme judge and arbiter in all religious mat- 
ters^ Iao. i. 20. ix. 46/ He took care that sacred rites were 
properly performed ; and, for that purpose, all the other 
priests were subject to him, JJv. \\. 2. He could hinder any 
of them from leaving the city, although invested with con- 
isular authority, Lro, £p. xix. /. xxxvii. 5. Tacii. Annal. 
iii. 58. 51. and fine such as transgressed his orders^ even al- 
Aough they were magistrdtes, Lio. ilnd. xl. 2. 42. Cic. F/aL 
xi. 8. 

How much the ancient Romans respected religion ^uid its 
minbters we may judge from this ; that th^ imposeda fine 
on Tremellius, a tribune of the commons, for having in a 
dispute used injurious language to Lepidfts the Pondfex M. 
fSacrorumgue quflm tnagistratuumjus potentiusfuitj^ Liv. 
£p. xlvii. But the Pontifices appear, at least in the time of 
Cicero,' to have been, in some respects, subject to the tri- 
bun^^ Cic. Dom. 45. 

It was particularly incumbent on the Pontifex M. totnkc 
caie of the sacred rites of Vesta, Ovid. Fast. iii. 417. Gell^ 
i. 12. Senec. Contr. i. 2. If any of the priestesses neglected 
dieir duty, he reprimanded, Liv. iv. 44. or puni^ied tfaetn, 
xxviii* 11. sometimes, by a sentence of the college, csqpitally, 
Qic* Har. resp. 7. legg* lu 9. Jjivn viii. 15. xxii. 57. 

The presence pf the Pontifex M. was requisite in public 
apd solemn religious acts; as when magistrates vowed games 
or t^e like. Lav. iv. 27. xxxi- 9. xxxvl, 2. made a prayer, 
Suet. CL 22* or dedicated a temple, Liv. ix. 46. also when 
a general devoted himself for his army, Zw. viii- 9. x. 7, 
28. to repeat over before them the form of words proper to 
be used, fiis verbapraire^ v- carmen prajanj^ ibid. & v. 
41. which Seneca calls PoNTiFic ALE carmen, Comol^ad 
Mure. 13. It was of importance that he pronounced the 
wonds without hesitation, fouler. Max* viii. 13, 2. He at- 
taided at the Comitia : especially when priests \\ ere creat- 
ed, that he might inaugurate them, Ljv. -yi^yn. 8. xl. 42* 



likewiK when adoptions or testaments were made, Tacit^ 
Hist, l IS. Gell. V. 19. xv. 2T- Cic. Dom. 13. Plin. pan. 37* 
At these the other pcniificei also attend^ : hence the conii* 
tia were said to be held, or what was decreed in them to be 
done, apud pontificcs vdprox^dilcgiopmtificum^ in presence 
of, Md. Solcnnia pro pontifice suscipere, to perform the due 
saered rites in the presence^ or according to the direction of 
the Pantt/ex Muximus^ Liv. ii- 27. Any thing done in this 
manner was also said Pontijicio jure fieri. Cic. Dom. 14. 
And when the Ponti/tx M^ pronounctrd any decree:of the 
coUege in their presence, he was said pro collegio res- 
powder e , Cf£?. pro Ikm. 53. The decisicm of the college 
was sometimes contrary to his own opinion. He however 
was bound to obey it, Liv* xxxi. 9. What only three poit« 
tifices determined was held vahd, Id, re^p. Har. 6. But in 
eertiiR^cases, as in dedicating a temple, the approbation of the 
senate, or of a majority of the tribunes of the commons, was 
vequisite, Lio' ix. 46» The people, whose power was su- 
preme in every thing, {cuju$€st summa potestas omnium rem 
ft^m,Cic. ibid.) might confer the dedication of a temple on 
whatever person they pleased, and force the Poriti/ex Jf. 
to officiate, even against his will ; as they did in the case of 
Fhtvius, LrV' ibid. In some^^ases the Flammeg and Rex 
SaeroTum seem to have judged together with the Pontifices^ 
Cic« Dom. 49. and even to have been reckoned of tiie saihe 
college, ilnd. 52. 

It ^raspmrticularly die province of the pontifices tojndg^ 
concerning marriages, TaeiL AnnaL i. 10. Dw. xlviii. 44^ 

The PonpfexMaximus and his college had the care of re« 
gukting the year, and the public calendar, SueuJtU 40. Aug. 
SL Maerob. Sat. i. 14. called FASTI KALKNDAHES, 
beeaoae the days of each month; from kalends to kalends, 
or from beginning to end, were marked in them through the 
whole year, what days xv&rcjasti^ and what nefasti^ fefVr. Fes* 
tus; the knowledge of which was confined to H^epontifi" 
eet and patricians, Uv. iv. 3- till C- Flavius divulged themf 
(Jlasioi circa forum in. aiio proposuit)^ Liv. ix. 46. (See p, 
200.) In the jRwft of each year were also marked the names 
of the magistrates, particularly of the consuls, Liv. ix- 18. 

Vakr. Mao> ri. 2. Cfew Sext. 14. Att. ir. H.Pif. 13. Thti^ 

Tt 



SU HOMAN ANTIQUITIES. 

wiumeratiofastorum^ quasi annorum, Cic. Fanu y* 12. 
Tusc. i. 28* Fasti memores^ permaaent records, HoraU 
Od. iii. 17, 44 iv. 14, 4. picti^ variegated with diflferent co- 
lours, Ovid. Fast. L 11. signantes tempora^ Id. 657. Hence 
a list of the consuls engraved on marble, in the time of Ccm- 
stantius, tlie son of Constantine, as it is thoughti and found 
accidentally by some persons digging in the.Forum^ A«. D. 
1545, are called Fasti Consulares, or the Capitpfine 
Tfiarbles, because beautified, and placed in Ae capitoU by 
Cardinal Alexander Fatnese. 

In later times, it became customary to add on paiticiakr 
days^ after the name of the festival^ some remarkable occur- 
rrace : Thus on the Lupereaka^ it was markjed (fidtcriptiaa 
est) that Antony had oflfered the crown to C^sar^ Cic. FkU. 
n. 34. — ^To have one's name thus tmfked^CwcripfumJ in 
the Fasti J was reckoned the highest honour, Cie. £fi* 0I 
Brtit' 15. Ovid. Fast. u*9. Tadt. Annal- i. 15- (whence 
probably the origin of canonization in the church of Rome :) 
as it was the greatest disgrace to have (me's name erased 
from the Fastis Cic. Sext 14« Pis, 13- Ferr^ ii. 53* iv-^i?. 
Tadt. Annd. iii- 17- 

The books of Ovid, which describe the causes of the Ro- 
man festivabfor the whole year, are called FASTI, Ojj^. 
Fast, i* 7- (F ASTORUM libri appeUaniur^ in qwbus totius an* 
nifit descfiptioy Festus, quyx de constilibus et r€£t6us^dUi 
sunt^ Isid. yi. 8.) The six first of them only are extant* 

In ancient times the Ponti/ex M. used to draw up a shp rt 
acoount of the public transactions of every year, in a bopk, 
{in album effisrcbait vel potiua referebat) ; and to expose this 
register in an open place at his house, where the p^ple might 
come- and read it ; {proponebat tabujam damit potestas fit es- 
gttpoptdo cognoscendi) ; which continued to be done to the 
dme of Mucius Scsvola, who was slain in the imissaoe of 
Marius and Ckma. These records were called in the time of 
Cicero, ANN ALES maximi, Cic, Orat. ii. 12, Gcll. iv. 5. 
as having been composed by the Ponttftex Maximus* 
' Most of the annals ccnnpoaed by , the Pantifices before 
Rome was taken by the Gauls, called also CoMMSNTAJin, 
perished with the city, Xtv. vi 1. After the time of Sylla 
the PonHfices seem to have dropt the custom of ccnnpiling 
annab ; but several private pcrsqps composed lustoiical zf> 



Ministers ^Rej.igiok. SlSi 

eounts of the Romw affairs ; which, from theif resemhIaQce 
to the pontifical reccH'ds in the simplioity of their narration, 
thQT likewise stiled An hales ; as Cato, Pictor, and Piso, 
Cit. ibid. Liv. u 44, 55. ii. 40, 58. x, 9, 37. &c. Dionys. \y. 
7, 15. Qell' i. 19. Hortensius, FeU. ii. 16. So also Tacitus, 

The memoirs (w?r#^n/K*r*), which a person wrote concern- 
ing his own actions, were properly called COMMENT A- 
RII, Cic. Fam. v. 12. Si/U. 16. Ferr. \. 21. Sueh Aug. 74. 
7YA. 6^r as Julius C»sar modestly called the books he wrote 
eonceming his wars, Cic' Brut. IS.Sueu Cas. 5fe. and Gel- 
fius calls Xenophon's book concerning the words and ac- 
tions of Socrates, (Jtit^f^n^uviiMTtt^ Memorabilia Socr<ais)y 
xiv. 3. But this name was applied to any thing which a per. 
son wrote or ordered to be written as-a memorandum for him- 
self or others, (qu^e commeminisse opus esset^ notes to hel[^ 
die memory) ; * as the heads of a discourse which one was to 
ddiver, Cic. Brut. 44. Quinctilian, iv. 1,69. x. 7, 30. notes 
taken from the discourse or book of another, Id. ii. 11, ?• 
Hi. 8, 67. or any book whatever, in which short notes or me- 
morandums were set down : Thus Commentarn regis Num^^ 
Liv. i. 31, & 32- Servn Tullii, ib. 60. Eumenis^ xL 11, 6. 
reg^m^ Cic^ Rabir. perd. 5. C^saris^ Cic. Att xiv. 14 7to- 
janif Plin. Ep. x. 106. Hence, a commentariisy a clerk or 
secretary, Gruter. p. 89. Cxlius in writing to Cicero, calls 
the acta publica^ w public registers of the city, Cokm £ n - 
TAEius REEifftTirBBANAEirM, Ctc. Fam. viii.JLl. 

In certain cases the Pontifex 4^. and his <:oliege had the 
power of life and death, Cic. Har. resp. 7. legg, ii. &♦ but 
their sentence might be reversed by the people, Mean, in 
Cie. pro Mil» 12: Liv. xxxvii. 51. xL 42. 

The Pontifex M. although possessed of iso great power, is 
eaHed by Cicero privates, Ca^ i. 2. as not being a magisi^ 
trate- But some think that tlie title /^onrt/ea; Maximus is 
h^re applied to Scipio by anticipation ; he not having then 
obtmned that office, according to Paterculus, ii. 3. contrary 
to the account of Appian, B. Cicn i. p. 359. And Cicero 
himsdf else where call; him simply a private person, Ojffl i«. 
23. Livy expressly opposes Pantijfices to privatusyV.. 52. 

The Pontifices wore a robe bordered with purpi^ ifogQ 
pratextaJ^ I^v. sxxiii. 2& Ltmprid, Aicx^ Sev^ 40. and a 



tie \ ROMAN ANTIQUrrlES^. 

ivoollai capiCOalerus pikus, vd Tutuiusj Festus & Vawv 
vL 3.) in the form of a cone, with a small rod iyirguia) wfit'sik 
round v^itb wool, and a tuft or tassel on the top of it ; cal« 
led APEX» iSeru. f» Firg.jEn.ix. 683. vtii. 664. x. 27(X 
often put for the wiiolecap, Idv. vi 41* Gc- Itgg. i. I..thu3» 
iratos tremere regum apices^ to fearibe tiara nodding on the 
head of an enraged Persian monarch, fforat. Od. m^ 2h 19« 
or for a woollen bandage tied round the head, »%'hich the 
priests uaed inbtead of a cap, for the sake of cool^essi Seru. 
f&«/. Sulpicius Galba was deprived of bis office on aecount 
of his cap having fallen iapex praiapsusX from bis faeftdw 
the time of a sacrifice, Fal^. Max* i* 1, 4. HencSe apex 19 
put for the top of any tlung : as mantis apex^ SiL 2;ii« .709^ 
or for the highest honour, or omam^U ; mt apt^ semvimiiM. 
est autUmtus^ Cic. Sea. 17. . 

In ancient times, the Fontifex 'M- was not permi^qd to 
leave Italy, Liv. xxviii. 38, 44. Dto\fragm. 62. The first 
Ponti^cx M. Ireed from that restriction was P. Liciniua 
Crassus, A.- U- 618, Uv. EpU* 59. so afterw^ds C«s<(r« 

The (&ce qf Ponti/ex M. was for lifi?, Dio^ Ixix. 15. on 
which account Augustus never assumed that dignity while 
Lepidus wa^ alive, Su^t. Aug* 31. which Tiberius, D»^ IvU 
3(X und Seneca, tkelem. 2. 10* impute to his clemency. But 
with what justice, v^e may learn from the manner in which 
Augustus t^haved to Lepidus in other respects. For after 
depriving hhn of his share in the Triumvirate, A- U. 718« 
Z)i9, xiix. 12* and confining him for ^si.long time to Circ^ 
under custody. Suet. 16. Dio^ ibid, he forced him to come 
to Rome, against his will. A- U. 7S6, and lieatedhiat with 
great indignity, Dic^ liv* 15.— After the death of Le|»dus, 
A. 741, Augustus assumdd the office oi Pontifex Maximus^ 
ibid. 27- Ovid. Fast* iii. 420. which was ever after held by 
his successors, and the title even by Cluistian emperors to 
the time of Gratiau, Zosim. iv. 36* or rather of Theodosius ; 
for on one of the coins of Gratian, this title is annexed. 
Whfen there were two ac more emporors, Dio iiifarms us, 
that one of them only w^sPariti/exM liii. 17. but this rule 
was soon after violated, CapiU>im. m Baiiift. & The Hier- 
wchy osf the chuxcb of Ronie is thou^ t& have been estab^. 



lidiedt>artbron the model of the Pon/j^otr ilf and the cd* * 
lege x>{ Pimiijlees. 

The Pontiftx M. always resided in a public house, rA«# ' 
Sitavity 8c. Csesar 7;f ^acra vta^ domopubhea. Suet Caesu 
46.) called Regia^ P/i/i* jBp, iv. 11, 6. iquodmea sacraa 
rege sacrificulo eront solita u.mrpari^YceXns ^ vel quod m 
ea rex sacrificulM habitare consuessety Serv. in Virg. -ffitv 
viii. 363-) Thus when Augustus became Pmtifex Mcixu 
mus^ he made public a purt of his house ; and gave the Rb-^ 
CIA (which Dio calls the house of the Hex saerorum)^ to 
the Vestal Virgins ; to whose residence it was contiguouSt 
Dio^ liv. 27. whenee some suppose it the same with the Re^ 
^ia^VumiT, the palace of Nuina« Ovid. TrisU iii. 1, SO. tm 
which Horace is supposed to allude under the name of ino* 
numenta reisis^ Od. i. 2, IS* and Augustus, Suet 76.«— 
said afterwards to sustain the atrium of Vesta, Ovid* Fast* 
▼p 263, called ATRXuii fiEciuMV Liv* xxvi* 27* Others 
suppose it difibent*' It appears to have been the ^ame with 
that re^ mentioned by Festus in EUyrus October ; w 
whidi was the sanctuary <rf Mars, Gell^ iv. 6- Putarch q. 
Ram- 96* for we learn from Dio thai the arms pf Ma^s, v €? 
the Anciliay were kept at the house of Gsesar, as being Pm* 
txfcxM' xliv* 17* Macrobius says that a ram usod to be sa^ 
crifioed in it to Jupiter every Nundina or market.day, bf 
tlie wife oiikvtFlamen diaiis^ (Flamiwica,) Sai- i- 16* 

A PamifcxM^ was thought to be polluted by touching 
and even brseeingadeadbody ; Smcc emsoL ad Marc- 15- 
Zho^ Bv* 28, 35. Ivi* $1* as was an augur, Taeit- Armal* i* 
62- So die high Priest among the Jews, LeviU xxi* IL^ 
EvcAtfae statue of Augustus was removed from its plaee^ 
thatit might not be violated by the sight of slaughter, Dw, 
Ix-. 1S< But Dio seems to thidc that the Pontiff M* was 
violated only by touching a dead body, liv 28» 

IL AUGURES, anciently called Auspices^ JP&rforrA^ 
€i Mom- 73*< whose office it was to foretd future events^ . 
chii% from theflightt chifping, or feeding of birds, (ex atmm 
gesiu yel garritutt ^pcrhorfe,.Festus), and also from odier 
appearances, Cic^ Fam- vi- 6- Borat- CM- iii* 27, See. a body 
of priests, (ampbidmi ^acerdotit collegium), C^o Fhm^ 
iillO* :o£ the gceatest. autbori^ m tbe.Boman sute, JJx^jf^ 



51ff ROMAN ANTIQUlTlfiS. 

36> because nothing of importance was done respeefiiift this 
jpublic, either at home or abroad, in peace or war, witfiout 
^onsultingr them, f^nist auspicato^ Liv- i* 36- vi. 41. stneaus- 
picHs^ Cic' divin* i- 2- nisi augufio acto^ Id* 17' ii* 36- Varr- 
V* 6- vel captOf Suet. Aug. 950 and anciently in affairs of 
great consequence, diey were equally scrupulous in private, 
Cic* div. i* 16. 

Act CUR is often put for any one who foretold futurity, 
Cic. divin. ii. 3, 4. Fam» vi. 6. So Augur Apollo^ i. e. 
qui augurio praest^ the god of augury, Horat, Od. \* 2, 32. 
yirg. ASn.' iv. 376. Aitspex denoted a person who observ- 
ed and interpreted omens, (auspicia vel omina\\icirAt. Od. 
iii. 27, 8. particularly the priest who officiated at marriages, 
Juvenal, x. 336. Cic. Cluent 5- Plaut Cos. proL 86. Suet. 
CL 26. Lw. xlii- 12, In later times, when the custom of con- 
BuMng the auspices was in a great measure dropt, Cio Nat. 
D. i. 15. ii. 3» Legg. iL 13. those employed to witness the 
tdgning of the marriage contract, and to see that every thing 
was rightly performed, were called Air spices Nuptxa- 
HUM, Cic. Dioin. i. 16. otherwise Proxeneta^ cofunliatoresy 
wofttwft/ptci^ pronubi. Hence auspex is put for a favourer or di- 
rector ; flius Auspex leges^ Cic. Att ii; T* Auspices cdtpto^ 
rum J operumitAy outers^ Virg. Mn. iii. 20. DOs auspiciius, 
under the direction or conduct of, Id. iv. 45, So auspice thu^ 
M, Horat. Ep. i. 3, 13. Teucro, Od. i. 7, 27. 

AUGURIUM and AUSPICIUM are commonly used 
promiscuously, Virg.Mn. i. 392. Cic. rffo* i. 47. but they 
are sometimes distinguished. Auspieium'W2iS prqpeiiy the 
foretelling of future events, from the inspection of birds; 
augurium; from any omens or prodigies whatever, JSfen. v. 
SO. So Cic. Nat. D. ii. 3. but each of these words is ofteir 
puDifor the omen itself, Virg. Mn. iii. 89, 499. Augurium 
sALUTis, when the augui^ were consulted whether it was 
lawful to ask safety from the gods, Dio. xxxvii. 24. li- 21. 
Suet. Aug. 31. Tacit. Annal. xii. 23. Cic. div. i. 47. The 
omens were also called, ostenta^ portenta, monstra^ prodigies 
(quia ostetdimi, portendunt, momtrant, pradicuni)}^ Cic. 
div. i. 42. V 

The auspices taken before passing a river, were ipHed 
?EBEUNiA,.-Fe^w* Cic. Nat. JO. ii. 37. (Div. ii. 36. Jfrom 



iHf jyXSTJTBS nf R££IGIO!»^ ^% 

ihe beaks of birds, as it is thought, £x acumikibus, a kind 
of auspices peculiar to w^yibtd. both gf which had fallen 
into disuse in the time of Cicero, ibid. ^ 

The Romans derived their knowledge of augury chiefly 
from the Tuscans ; and anciently their youtli used to be in^ 
structed as carefully in, this art, as afterwards iliey were ia 
the Greek literature, Lro. ix. 36. Cic. legg. \v 9.. Forthiii 
purpose, by a decree of the senate, six of the sons of the 
leading men at Rome, were sent to each of the 12 states of 
Etruria, to be taught, Cic. div. i. 41. Valerius Maximua 
says, ten, i- 1. It should probably be in both authors,, one 
.to each. 

Before the city ^of Rome was founded, Romulus and Re^i* 
mus are said to have agreed to determine by «ugury (jaugUr 
riis iegere) who should give name to the new city, and who 
should govern it when built* Romulus chose the Palatine 
hill, and Remus, the Aventine, as places to make their ob- 
servations, ftempla ad inaugiiran(hmj. Six vultures first 
appe^ired as an omen or augury (augurium) to Remus ; and 
after this omen was announced or formally declared, (.ntm-- 
ciato augurio^ or, as Cicero calls it, decantato^ Divin« i. 47* 
see*p, 94, & 95.) twelve vultures appeared to Romulus. 
Whereupon each was saluted king by his own pftrty. The , 
•partisans of R^nus claimed the crown to him from his hav- 
ing seen the omen first ; those of Romulus, from the num- 
ber of birds. Through the keenness of the contest they came 
to blows, aond in the scuffle Remus fell. The copumon re- 
port b, that Remus was slain by Romulus^ for having inde- 
rii^on leapt over his walls, Liv. u 7. 

After Romulus it became customary that no one should 
enter upon an office without consulting the auspices, Dio^ 
nys. \\u 35. But Dionysius informs us, that in his ttine, this 
custom was observed merely for form's sake. In the mom" 
ing of the day on which those elected were to. enter on their 
magbtracy, they rose about twilight, and repeated certain 
prayers in the €H;>en air, attended by an augur, who told them 
that lightning had appeared on the left, which was esteemed 
a good omen, although no such thing had happened. This 
verbal declaration, although false, wsfc reckoned sufficient. 



ssa ROMAN Antiquities:; 

, The atigors are supposed to have been first instituted by 
Romulus, tbctc in number, one to each oribe, Uv. x. 6. as 
the Maruspicest Dimi/s* it. 22* and confirmed by Numa, 
f6tt/« 64. A fourth was added, probably by Servius TuUi- 
as, when he increased the number of tribes^ and divided the 
«ty into four tribes, M iv. 34. Liv i* 13- The augurs were at 
first all patricians; tiU A- U« 454, when five plebeians weie 
added, Lw- x- 9* Sylia increased their number to fifteen, 
lAV' Ep- Ixxxix- They were at first chosen, as tjhe qther 
priests, by the Comiiia Curiata^ JDionys- ii* 64- and after- 
wsffds underwent the same changes as the pmtificcS' Liv- iii* 
37. Seep. 310. 

The chief of the augurs was called Macistbr CatLS- 
oxi. . 

The augurs enjoyed this singular privilege, that of wbat« 
«ver crime they were guilty, they could not be dqnriyed of 
Aeir c^ce, Pliti' Ep. iv* 8« because, as Pkitarch says, Q* 
Ram. 97. they were entrusted with the secrets of the empire. 
The laws of friendship were anciently observed with great 
«are among the augurs : and no one was admitted kito their 
number, who was known to be inimical to any of the col* 
lege, Cic. Fam- iii. 10. In delivering their c^inions about 
any thing in the college, the precedency was always given 
to age^ Cic. Sen. 18. 

As the Pontifices prescribed solemn forms and cercmo- 
tiies, so the augurs explained all omens^ Cic* Haru^p. 9« 
They derived tokens isigna) pf futurity chiefly from five 
sources; from appearances in the heavens, as thunder or 
lightning ; from the singing or flight of birds, Stat. Theb. iii« 
482.; from the eating of chickens; from quadrupeds ; and 
from uncommon accidents, called Dira v^ >g. ■ ■ The 
birds which gave omens by singing (oscinbs) were the ra- 
ven, (carvtis)^ the crow, {"cornixJ^ the owl, inoctua vel fa- 
bo\ the.cock, (gaUusgallinaceus), &c. Pestus^ Plirt. x. 20. 
3* 22. 29. s. 42 — by flight, (alites t;^/prapet£sX were 
the eagle, vulture, &:c. tb, Gett. vi. 6. Srrv. in Vtrg. JBn. iii* 
361. Cic.div. i- 47. NaU D. ii. 64. — by feeding chickens, 
(piTLLi), Cic. div. ii. 34. see p. 95. much attended to in war, 
P/m* X. 22- s. 24. Liv* x- 40* and contempt of their intitna- 
tions was supposed to occasion signal misfortunes; as in 



Ministers qf^ztrciovf. S^l 

the cas6 of p. Claudius in the first Punic war ; who, when 
the person who had the charge of the chickens, (piTtL ari- 
Ds), told him they would hot eat, which was esteemed a 
bad omen, ordered them to be thrown into the sea, saying, 
Tken let them drink* After which, engaging the enemy, he 
wa3 defeated with the loss of his fleet, Cic- Nat' D- \l 3. rfm- 
i. 16- Xn;- Ep- xix* Falef* Max* i. 4, 3. Concerning omi- 
nous birds, &c. see Statius, Theh- iii- 502, &c. 

The badges of the augurs (Vmamenta auguraltaj Liv* Xi 
7) were, 1- a kind of robe, called TRABEA, striped with 
purple, (virgata vel pclmatCy a trabibus dix^taJ^ according to 
Servius, made of purple and scarlet, (ex purpura et cocco 
mhtum)y in Virg. iEn. vii- 612. So Dionysius, speaking of 
the dress of the Salii, ii. 70. who describes it as fastened with 
clasps, ^ui. hence bibaphum^ i. e. purpuram bis tinctam, 
cogitare^ to desire to be made an augur, Cec. Fam* ii. 16. &- • 
6apho vestire, to make one, Att, ii. 9.— -2- A cap of a coni- 
cal shape, like that of the pontifices^ ibid — 3. A crooked 
staff, which they carried in their right hand to mark out the 
quarters of the heavens, fquo regimes coeli determinarentj, 
called LITUXJSy/baculus v.-um^ sine nodo aduncus^ LiV. i. 
18- Incurvum et levity a summo inflexum baciUum^ quod 
db ejus lituiy quo canitur^ simiRtudine nomen itwenit^ Cic. di*. 
vin. i. IT. Ptrgdbrevisy in parte qua robustior est, tncurrkh 
GeU.v.8.) 

An augui* made his observations on the heavens, (SER- 
V AB AT cfc rroffo, r. coeluniy Cic.div. ii. 35. Doro. 15. PhiL 
ii. 32. Lucan. i. 601. v. 395.) usually in th^ dead of the night, 
fpostmediam noctem^ Gell. iii. 2. media nocte, Liv. xixxiv. 
14. cum est sihi.JiTiVM^ JPestus : fiocte siJ^EttrxOy Liv-ix. 
38. viii. 23. aperto coelo, ita ut apertis uti liceat lucemis, Plu- 
tarch* Q. R. 71. id silentium (Hcimus in auspicioy quodomni 
vitio catet, Cic. div. ii. 44.) or about twilight, Dimys. ii. 5. 

The augur took his -station on an elevated place, called 
ARx v^/temflum, Liv. i. 6. vel tabernaculitm, Liv* 
iv. ?• Ctt' div. ii. 35. which Plutarch calls *rw»«t, inMurcell^ 
p. 300.— where the view was open on allf^ides ; and to inake 
it so, buildings Were sometimes pulled down. Having first 
offered up sacrifices, and uttered a solemn prayer, (eff at a^ 
p\\awSctvi Firg% Mn. vL 197. whence effwi teniplum^xo 

Uu 



m ROMAN ANTIQUITIES. 

consecrate, Cic. Att. xiii. 42. hinc fan a nommata^ quad 
pmtificesinsaerandoiiBiiu^untfinemi Varr. L. L. v, 7.) he 
sat down (sedem cepit m solida seliTa,) with his head co- 
vered, (capite velaio)^ and, according to Livy, i. 18. witlr 
his face turned to the east ; so that the parts towards the 
soudi were on the right, (partes dextra\ and those towards 
the north on the left, (Jat)^\ Then he determined with his 
lituusy the regions of the heavens from east to west, and 
marked in his mind some object straight forward, («i^<im 
contra animo ^nivit)^ at as great a distance as his ^es could 
feach : within which boundaries he should make his obser- 
vation, Ltv. u 18. This space was also called TEMPLUM, 
(a tuendo : loctis augurii out auspicit causa quibusdam coUi- 
ceptis verbis ^nifusj Viirr. L. L. vi* 2. Donat- in Ter^ iii. 5. 
42.) Dipnysius gives the same description with Livy of the 
position of the augur, and of \he quarters of the heavens, ii« 
5» so Hyginusi delimit. But Varro makes the augur look 
towards the south, which he calls par^ antica ; consequent- 
ly, the pars sinistra was on the east, and dextra on the west ; 
that on the north he calls j^o^^itra, ibid* In whatever position 
the augur stood, omens on the left among the Romans were 
reckoned lucky, Fiaut* Pseud, ii. 4, 72. Mpid. ii, 2. 1. 
Serv. in Firg. Mn. ii. 693. Stat. Theb. iii. 493. Cic. kgg'^ 
Hi. 3. Div. ii. 35. Gell. v. 12. Ovid. Trist. i: S. 49. IHonps. 
ii. 5. but sometimes omens on the left are called unlucky, 
Firg. Eel i. 18. ix. 15. Suet. CL 7. Fit. 9. Ovid. EpisUxi. 
115. Trtst. iv« 3. 69. in imitation of the Greeks, amon; 
whom augurs ^tood with thenr faces to the north, ^ind then 
the east, which wa^ the lucky quarter, was on the^right. {Sir 
nistrumy quod bonum sit^ nostri nommaverunty extemiy (sc^ 
Qracijj dextrum^ Cic. div. ii. 36.) tience ef^x^^isoftea 
put for/elix vd/ausius^ lucky or propitious, Firg. Mn. iv. 
579. viiL 3Q2. and sinister £cx infeiixt infaustusj ydi/unestus^ 
unluck}^ or pnfavourable, Id. I. 444. Flin. Ep^ u 9* vii. 28. 
Tacit^ Hist. V. 5. Thunder on the left was z, good omen ftir 
every thing else but holding the comitta^ Cic« div. ii» 1& 35.. 
The-croaking of a raven icorvus) on the right, and of a crow 
(cornix) on the left, was reckoned fortunate, dsid vice vcr^a^ 
Cic. div. i- 7« & 39- In shorty the whole art of augury a« 
mong the Rom«n» was involved in uncertabt^, iiid% Ii 



MiNISTEnS of REtlGIOK* 3^ 

seems to have been at first contrived, and afterwards culti* 
vated, chiefly to increase the influence of the leading men 
over the multitude. 

The Romans took omens (ommarap^^Aarif J also from qua- 
drupeds crossing the way or appearing in an unaccustomed 
place, (Juvenal, xiii. 62« HoraU Od. iii- 27. Zw. 2h ult ' 
xxii* !•) from sneezing, (ex stemutatumej ^ spilling sah on 
the table, and other accidents of that kind, which were call- 
ed DiRA, sc« signa^ or Dm^, Cic- de dtvinat i. 16* ii* 40 
Dio* xl 18* (hid' Amor' i« 12. These the augurs explained, 
and taught how they should be expiated* When they did 
so, they were said comjnentart^ Cie. Amic' 2. If theomen 
was good, the phrase was, Impetratum,inaucuratum 
B^sT, Plant. Awt' ii. 11. and hence it was called Augurium 
impetrativum vel optatum^ Serv. in Virg. ISax. v, 190. Ma- 
ny curious instances of Roman superstition with respect to 
omens and other diings are enumerated, Plin* 28. 2. as a* 
mcmg the Greeks, Pausan. iv. 13.— -Casar, in landing at 
Adrumetum ki Africa with his army, happened to fall on his 
face, which was reckoned a bad omen ; but he, with grea^ 
presence of mind, turned it to the contrary : for, taking hold 
of the ground with his right hand, and kissing it, as if he had 
fallen on purpose, he exclaimed, I take possession qf thee^ 
O Africa, rTjBNEO te, Africa), Dio.x^\.fin. Suet.JuL 
59. 

Futuife events were also prognosticated by drawing lots, 
fsoirtibus ducendisJ^ CiC. div. ii. 33. thus, (iractda sortibus 
sequatts dueuntur^ Id. i- 18. that is, being so adjusted, that 
they had all an egt^chance of coming out first, Phut. Cas: 
ii. 6. 35.) These lots were a kind of dice Uali v. tessettej 
made of wood. Plant. Oas. it. 6. 32. gold. Suet. 7\b. 14. or 
otfier matter. Plant, ibid. 46. Pausan, Messen. iv. 3. JSliac. 
V. 25. with certain letters, words or marks inscribed on them; 
Cie. div. ii. 41. They were thrown commonly into an urn, 
'ibid, sometimes filled with water. Plant, ibid, 28, 8c 33. and 
drawn out Iv the hand of a boy, or of the person who consult- 
ed the oracle. The priest ofthe temple explained the import 
of them, Ctc.div. i 34. The lots were sometimes thrown 
like common dice,ahdthethro ws esteemed favourable or not^ 
, as iD^a^ing, Suet.Ttbi. 14i Propert. iv. 9. 19. SorteiJ c^: 



534 ROMAN ANTIQUITIES. 

notes not only the lots themselves, and the answer i^etumed 
from the explanation of them, thus, Sortes ipsas et cetera^ 
qiue erant ad sortemy i. e. ad re^>onsum reddendum Pa- 
rana, dUturbavii nmia^ Cic. div. i. 34. Liv« viii. 24. but al- 
so any verbal re^onses whatever of an oracle, ^series qu4^ 
. vaticmatione funduntur^ qu/t oracla verius dicimus^ Gic, 
div* ii. S3* & 56. Dictae per carmma sortes^ Herat, art. 
p. 403. So Liu. i. 56. v. 15. Firg. JSm. iv. 346. vi. 72. 
Ovid. Met. i. 368. & 381. &c. Thus Oraculx^k is 
put both for the temple, Cic. Font- 10- -Ep. ad Brut- 2. and 
the answer given in it, Cic div i- 1- 34- & 51- &c- Tacitus 
Balls by the name of Sortes the manner which the Germans 
used to form conjectures about futurity. They cut the bradch 
of a tree into small parts or slips (m surculos)^ anddistin* 
guishing these slips by certain marks, scattered them at ran« 
dom itemere acfortuitd) on a white cloth- Then a fu^iest, 
if the presage was made for the public, {sipublice constdc^ 
retur)^ if in private, tiie master of a family,. having prayed to 
the gods, and looking to heaven, took up each of the idips 
three times, and interpreted it according to the mark imi»»- 
sed on it, Tacit* de mcr- O* 10, Of prophetic lots, those of 
iPraeneste were the most famous, Cic. div. ii. 41. Suet 1^ 
63. Domit. 15. Stat. Syh). 1. 3. 80. Livy mentions among 
unlucky omens the lots of C^re to have been ^minisheii in 
their bulk, (.extentiata) xxi. 62. and of Falerii^ xxii. 1. O- 
mens of futurity w»e also taken from names, Plaut. Pers* 
iv. 4. 73. Bacch. iL 3. 50. Those who foretold futurity by 
lots, or in any manner whatever, were called SoRTXi^ECi j 
Lucan. ix. 581. which name Isidorus applies to those^ wha» 
upon opening any book at random, formed conjecture fiom 
die meaning of 4^e first line or passs^ which happened to 
cast up, viii. 9. Hence in later writer9 Wfs r^d of the Soa« 
T£S ViRGiLi AN^, Hpmertc^y &c. Sometime select verr 
^swere written on slips of paper, iinpiitaciis)^ and beiog 
thrown into an urn, were drawn out like common )ol$ i 
whence of these it was said, Sors excidtt^ Spartian* Adrian. 
S^ Lamprid. Alex. Sev. 14.-^Those who foretold future e« 
vents by observing the stars, were called Asti^ologi, Qe. 
4ivin^ i. 38. 39. ii. 42. Ferr. ii- 52. Mathsm atici, &t^. 
4ug. 94 Tib. Ca(. 57. Tacit. Jfyt. ha». JifpmU. vi &^\. 



xiv*^8- Gekethli ACXi Gell^ xiv. !• from genesis yel g^f- 
nituray the nativity or natal hour of any one, or the star . 
which happened to be then rising, {siihisnatQlitvum^ Cic. diy« 
iL 43.) Juvenal, xiv. 248. Suet. Tit. 9. and which was sup- 
posed to determine his future fortune : called also Horosco- 
pus Cab hora inspxciendayj thus, Getninos^ horoscope^ van 
(for varioj products gemo ; O natal hour, although one and 
the same, thou produces! twins of different disposition^ 
Pers. vi. 18. Henec a person was said habere impjeratcriam 
gene&m^ to whom an astrologer had foretold at his birth, that 
he would be emperor, Suet. Vesp. 14- Dom. 10. Those as- 
trologCTS were also called Chaldei or BAB?riowii, be* 
cause they came originally from Chaldea at Babylonia, 
Strain xvi. 73 ft. (x Mesopotamia^ L e. the country between 
the conflux of the Euphrates ancl Tigris, Plin. vi. 28. Dio^ 
dor. ii. 29* Hence Chaldaicis rationibus erudttus^ skilled ia 
astrology, Cu:. div. ii. 47. Babylonica doctrina^ astrology, 
Lucrtt' V. 726.— nee Babylonios tentaris numeros^ and dQ 
not try astrdlogical calculations, i.e. do not consult an as* 
trologer, H&raU Od i. 11. who used to have a book, {Ephe* 
merts^ v. plur. -ides^) in which the rising and setting, the 
conjunction, and other appearances of the stars were tdcu^ 
lated. Some persons were so superstitious, that in the most 
trivial affairs of life they had recourse to such books, PUn^ 
29. I- which Juvenal ridicules, vi. 576. An A^tic astrolor 
gcrCPhryx Augur ^ et Indus J skilled in astronomy Castro- 
rum mundiquc peritus)^ was consulted by tlie rich ; the poor, 
applied td common fortune-telleri^, (sortiiegi vel divim)^ who 
usiiafiy sat in the Cireus Maximus^ ibid, which istherdbre 
called by Horace ya//ax, Sat- i. 6. U3. 

Those who foretold future events by interpreting dreamis, 
wane called. Conjectures ; by apparent inspiration, harMK 
v. {Hvird ; votes v. vatictnatores^ 8cc. 

Persons disordered in their mind, {melancholici^ eartSmd^ 
ttpkreneiiei^y were supposed to possess the faculty of presag- 
ing future events, C«<r. cfo* i. 38. These wer^ caUed by va^ 
rious other names ; CERRITIor Ceriti^ Plant. Amph.Hi^^ 
2. 144. Horat Sat* il 3. 278. because Ceres was supposed 
sometimes to deprive her worshippers of their reason, JVon* 
u9l34is!isi9hJ^iiyATixI^rvarumplemtUG,fur^ 



S26 ROMAN ANTIQinTIES. 

inotij quasi Larvis et spectris exterritiy Festus, Plaut Men J 
* V. 4. 2. and Lymphatici, or/ympAari, Virg. iEn vii. 377. 
Liv. vii. 17« (a nymphis mfurorem uctu fvfs^xnwrtt, Varro L. 
JL. vi. 5. qui speciem quandam efonte^ id est ^ffigiem nym- 
pha vidermt^ Festus), because the nj^mphs made those who 
saw them mad, Ovid. Ep. iv. 49. Isidore makes lymphati- 
rus the same with one seized with the hydrophobia^ fqui a* 
^am timeat, <J^fo^«A««), x. liter a L^ Favor iymphaticus, a 
panic fear, Liv. x. 28. Senec. Ep. IS. Nummi auri tympha* 
ticiy burning in the pocket, as eager to get out, or to be spent, 
Plaut. Pcen. i. 2. 132. Mens lymphata Maraotico^ intoxi- 
cated, Horat^ Od. i. 37. 14. As hellebore was used in cur- 
ing those who were mad, hence elleborosus for msdnusj 
Plaut. Rud. ir* 3. 67. Those transported with religious en- 
thusiasm were called Fan atici, Juvenal, ii. 113. iv. 123. 
Cic. divin.ii. 57. Dom. 50. from fanum, a7^\ beciausc 
it was consecrated by a set form of words, (fando), Festus, 
fe Varr- L. L* v. 7.— or from Favkus^ (qui primus fani 
eonditarfuitJy Serv. in Virg. G* i. 1.0. From the influence 
of the moon on persons labouring under certain kinds of in- 
iaanity, they are called by later writers LUNATICl. 

HARUSPICES, Cab haruga, i. e. hosHa, DonaLin Ter, 
Phorm. iv. 4. 28, vel potius a victimise aut extis victimarum 
fnara inspiciendis) ; called also Extispices, Cie.div. ii. 
11. Non. i. 53. who examined the victims and their entrails 
after they were sacrificed^ and from thence derived omens 
of futurity ; Stat* ITieb. iii. 456. also from the flame, smofce, 
and oAer circumstances attending the sacrifice ; as if the 
victim caBie to the altar without resistance, stood there quiet- 
ly, fdl by one stroke, bled freely, &c. These were favoura- 
ble signs. The contrary are enumerated, rirg. , G. iii. 486. 
Lucan. i. 609, &c. They also explained prbdigies, Cic. Cat. 
iii- 8. IHv. i. 3. Suet. Aug. 29. Plin. vii. 3. Their office rt- 
sembled that of the augurs ; but they were not esteemed so 
hcMiourable : hence, when Julius Caesar admitted Ruspina, 
one of them, into the soiate, Cicero represents it as an in- 
dignity to the order, Fam. vi. 18. Their art was called Ha- 
RuspiciNA, V. haruspicum discipRna^ Cic. div. i- 2. 41. de- 
rived from Etruria, where it is said to have been discover- 
ed by one Tages, Cic* div. ii. 23. Ovid. Met* xv. 553. Lu- 



can. i. 637. Censarin. oat. d' 4. aod whence Hara^ices weis 
often sqit for to Rome, Lw* v. 15. xxvii. 37. Cic. Cat. iii*. 
8. iMcan- i. 584. Martial, iii. 24. 3. They sometimes came 
from the east ; thus Armenjus vel Comagenus haruspex, Ju- 
venaL vi. 549. Females also practised this art, (Arits- 
piCiB) Plaut Mil. Glor. iii. 1. 99. The college of the I£x* 
ruspices was instituted by Romulus, Dbioys* ii* 22. Of 
what number it consisted is uncertain. Their chief w^s 
oalied Su^Mus Haruspex, Cic. div. n. 24. 

Cato used to say, he was surprised that the Haruspicea 
did not laugh when they saw one another, Cic. nat. D. L 
26. Dwin. ii. 24. their art was so ridiculous ; and yet won- 
derful instances are recorded of the truth of their, predic* 
tions, Lw. XXV. 16. Sallust. Jug.^ 63. TacvU ffisU i. 27* 
Suet. Galb' 19. Suet. C^s. 81. Dw. xliv. 18. 

Ill: QUINDECExMVIRI sacris/actundis, who had the 
charge of the Sibylline books, inspected them by the ap« 
pointment of the^senate indangerous junctures, and performi- 
ed the sacrifices which they enjoined. It belonged to them 
in particular to celebrate iho secular games, ffarat. de cartn. 
sac. 7(X Tacit. Annal. ii. 11. vi. 12. and those of Apolkn 
DiQ. Uv. 19. They are said to have been instituted on the 
following occasion. . 

A cartain woman called Amalths&a, from a foreign coun«» 
try, is said to have come to TarquiniusSuperbus, wishing 
to sell nine bpoks of Sibylline, or prophetic oracles. But 
upoa Tarquin's refusal to give her die price which she aska]» 
she ivent away and burnt three of theni. Returning sooa 
after^it she sought the same price for the remaining six« 
Whereupon being. ridiculed by the. king, as a senseless old 
worn w, she went and burqjt other three ; and commg 
hack still demanded the same price for the three which re- 
mained. Gellius says that the books were burnt in the 
king's presence, i. 19. Tarquin, surprised at the strange 
conduct of the woman, consulted the atigurs what to do. 
They regretting the loss of the books, which had been des- 
troyed, advised the king to give the price required. The 
woman therefore having delivered the books, and having 
de^ed them to be carefully kept, disappeared ; mA w^ 
wv?r stftcrwardsseen, Xhgny^. iv. 63t Isctant. i* 6. G^/Aju 



3fi8 ROMAN ANTlQUrriKS^ 

19. Plitfy says she burnt two books, and only preserved 
dne» ^Rrt' xiii. 13, s, 27. Tatqilin committed the care of 
these books, called LirBRjr SiBrLLrxi, ibid, or vEitstrs^ 
JStorat. carm. 9^c. 5. Cic.Verr. iv. 49. to two men iDuum- 
vtn ofillustriolis birth, Dionys. ibid, one of whotn, called 
AtiHas, Dioftys. iv. 62* or TuUius, A^<2/er. Maximusy i. 1. 
15. he is said to have punished, fat being unfaithful to his 
trust, by ordering him to be sewed up aliye in a sack, (m 
euleum insui)^ and thrown into the sea, ibid, the punishment 
fifterwards inflicted on parricides, Cic. Rose. Am. 25. In 
the year 387, ttn men (jlecemviri) were appointed kfc this 
purpose; five patricians, and five plebeians, Lio. vi. S7^ 
42. afterwards fifteen, as it b thoiight by Sylla, Serv^ in 
yirg. Mn. vi. 73. Julius Cassar made them sixteen. Di»^ 
xlii. 51. xliii. 51. They were created in the same maimer 
» the Pantijices^ Dio. liv. 19, See Lex DonHHa^ The 
chief of them was called Magister CoLtEGii, /Vm. 
xxviii.2. 

These Sibylline books! were supposed to contain the fate 
of die Roman empire, Liv, xxxviii. 45. and therefore, * in 
public danger or calamity, the keepers of them were fre- 
quently ordered by the senate to inspect (adire\ inspieisre v* 
consulere) them, lAv. iii. 10. v. 13. vii. 27. xi. 12^ xxi. 62. 
-Hxiu 9. xxix. 10. xxxvi. 37. xli. 21. They were k<pt in a 
stone chest below ground in the temple of Jupiter Capitolious. 
But the Capitol being burnt in the Marsic war, the Sil^^ttoe 
books were destroyed together with it, A. U. 670. Where- 
upon ambassadors were sent every where to odlect 
the oracles of the Sibyls, Tacit. AnnaL vi. 12.. For 
there were other prophetic women besides the one who came 
to Tarquin, Pausan. x. 12- Lactantius from Vairo men* 
tions ten, i* 6« ^lian, four,.xii. 35. Pliny says thc^e were 
statues of three Sibyls near the Rostra in the Forum, xxxiv* 
S. s. 10. The chief was the Sibyl of Cums, (Sibvli^a 
CuMiCA), whom il^neas is supposed to have consulted ; 
called by Virgil Deiphobe, JEn. vi. 36. 98. from her ajge, 
kng^tva^ 321. vtvax<, Ovid. Met. xiv. 104. and the Sibyl 
of £ryihr«, a city of Ionia, (ERVXHRiEA Sibylla), Gc. 
diviu' u 18. who used to utter her oracles with such ambi. 
8aiQr« that whatever happened, she might seem to have pre- 



dieted it, id. ii* 54. as the priestess of Apollo at DelpM^ 
Pausan. iy/12, &c. the verses^ however, were so cottrived» 
that the first letters of them joined together made.some sense; 
hence called Achostichis^ or in the plural arroflierAidlpiy 
{ig^^iXfii^^ Dionys. iv. 62. Christian writers qiiten quote 
the Sibylline verses in support of Christianity ; as Lactan- 
tius, i. 6. ii. II, 12. iv. 6. but these appear, to have been &» 
bricaled. 

Frcrni the various Sibylline verses thus collected, the Quart* 
decemviri made out new books ; which Augustus, (aftW 
having burnt all other prophetic bocks, /atidiei libri^ bodi 
Greek and Latin^ above 2000), deposited in two gilt cases^ 
ffoniU^ aurutisj under the base <rfthe statue of Apollo, m 
the jtemple of that god on the Palatine hill. Suet- Aug. SI. 
lo wHch Virgil alludes, Mn. vi. 69, &c, having first caused 
the priests to ^vrite over with their own hands a new copy 
(^them, because the former books were fading with age, 
DiOy liv. 17* 

The Quindecemvifi were exempied from the obligation of 
serving in th$ army, and from other offices in the city. Their 
priesthood was for liky Dionys* iv. 62. They were jH'operlir 
the ^iests ci Apollo ; and hence each of them had at hb 
house a brazen tripod, (cortina vel ttipusJ, Serv. in Virg. 
/En. tii: 332. Val» Flacc. i* 5. as being sacred to ApoUo^ 
Sueii Aug. 52. Kmilar to that on which the priestess of 
Detpfn sat, winch Serviiis makes a three-footed stocd or ta-« 
bk,<meff«aX ibid. 360r but others, a vase with three fbetand 
a 'Covering, properly caUed -Cor/ma («a/m4$), which hlso signi* 
fies a large round cauldron, Piin. xxxv. II. s* 41. Varr. I^ 
L. vi, 3» often put for the whole tripod, or for the oracle/ 
Firg. Ml. vi* 347- iii. 92. Ovid. Met. xv. 635* Ptin. xxxir; 
3- 9. 8» hence tripodas sentire, to understand the oracles of 
Apollo, Firg^ AEn. iii. 360. When tripods are said to havdf 
been given as a present, vases or cups supported on three feet 
arc imderstood, Firg. Mn. v. 1 10. Homt- Qd* iv. 8. 3. Nep>^ 
Pans- h Ovid. Her. liL 32. Stiet. Aug. 52. such as are to 
be seen on ancient coins. 

IV. SEPTEMViRI<?p»/o»tt;n, who prepared the sacred 
feasts at games, processions, and other solemn occasions. 

JbL was enstomary. lunone the Bomo^ to decrea&^t? ta 

Xx 



33& UQMAN ANTIQUITIES. 

4}ie gods, in ortier to appease'tfaeir wrath, especiaUy to Sufa^ 
ter, (epulumJavis^ v. -0* during the public games^ (ludorum 
itiausfs J yLiv* XXV. 2. xxvii. S8. xxix. 38. j^n. xxx. 39. 
:^xxi. 4 xxxii* 7. These sacred entertainments became so 
numerous, that the Pimtifi'ces could oolonger attend^to them ; 
on which account, this order of priests was instituted to act 
a& their assistariti>r They were first created A. 557, three in 
number, (Tkiumviri £pulon£s,) Liv. xxxiii*44. Cic. 
OraU iii- 19. and were allowed to wear the toga pr^fextm^ as 
the PonHfieesn ibid. In the sing* TattrMvut £puz.o» ii/. 
^1. 42. Their number was increased to seven, it is thought 
l?y Sylla, Ge//. 1. 12. sing. SEPTEMvixq^ux E^VLis/estis^ 
Lucan. i. 602. If any thing had been neglected or wroqgly 
performed in the public games, the Epulane^ reported it (o/l 
ferebant) to the P(mt\fices ; by whose decjee the games on 
that account were sornetimes celebrated anew, Cic. iixrutp^ 
10. Uv^ ibid. The'sacred feasts were prepared with great 
magnificence ; hence, Ccsna poniijicum^ v. pantifcaks^ et 
auguralesj for sumptuous entertainmepts. Bona. (kL ii. 14. 
28. Maerob. Sat. ii. 9^ 

Tbf&PontificeSijiugufesp Sepiemwri Eptdones^ and Qfdn^ 
deeemvirii were called the four colleges of priests, {rirrm^t^ 
}/^#rMwi>i)H)|liii. L SacerdotessvMUOKVHcohLECioRvu^ 
&^tk Aug. 101.) When divine honours were decc^ to 
Augustus, after bis death, a fifth coUege was added, com- 
posed of his priests ; hence called CaLtSGiiTMSoBAii^M 
AuGUSTAiiiTM, Tacit. ArtnaL in* 64« Dto^lv'u 46. Iviii. 12. 
8o Fl a vf ai^um eoikgtumj the pxks$& of Titus and Veapa- 
saan, Suet, Dom^ 4. Byt the name of COLLEGIUM was 
applied not only to some other fraternities of priests, Uv* 
icxxvi. 3. but to any number of men joined in the same of- 
fice ; as the Consuls, LifO. x. 22. 24. Prartorst Cic. Off. iii. 
120. Quasstors, Suet. Claud. 24. Tribunes, CHc* Dom. 18. 
also to any body of merchaiHs, iMh ii« 27!* or loechanics, 
Plin- xxxiv. 1* Plin. Ep- x< 42* to those who lived in theca- 
pitol, Zm* V' 50* 52. even to an assemblage of the meanest 
citizens, Cic- Dom* 2& or slaves, Cic post red* in Seth IS* 
Sexi' 25' Pis- 4- 

To each of the colleges ofPontiJices^ Augures^ and Qum- 
Acemnirit JuUuo C«aaradcUdoiiei ZMp, xlii* 51' and totte 



MtvisTEiis i/ReuoiokI iSl 

S&fitemvtri^ three, Jd xlii/n. Afto" the batde of Acdunk 
a power was granted to Augustus of adding to diete colle* 
ges as many extraordinary members as he thought proper ; 
which power was exercised by the siucceeding emperors, sO 
that the number of these colleges was thenceforth very un^' 
certain, DiOy li- 20* liii- 17^ They seem, however, tohave 
retained their ancient names ; thus, Tacitus calls himself 
QumdecemviraH sacerdotio praAtus^ Ai>n- xi* !!• and Pliny* 
mentions a SEPTEicviit Epulondm; Ep* ii li- 
lt was anciently ordained by law,* that two persons of the 
same family (« tw «v»i»« ^vyytnitti) should not enjoy the same 
priesthood, ZWo. xxxix* 17- But under the empetors this 
regulation was disregarded* 

The other fraternities of priests were less considerable, al- 
though composed of persons of distinguished rank- 

IFRATRKS AMBARV \LES,twelve in number, who 
offered up sacrifices, for the fertility ^f the ground, (w/arvai 
frugesfcrrent\ Varr* iv» 15. which were called Sacra Am-^ 
barvalia^ because the victim was carried round the fields* 
iaroaambiebat, tercircumibat hostiafruge^, Virg- G- i- 345) 
Hence they were said; agros lustrare. Id, Eel. v. 75; et pur^ 
gore, Tibult* ii* 1. 1. & 17. and the victim was called Ht>s- 
TiA AMBARVALis, Ftstus, MucTob^ Sot. ill. 5.) attended 
with a crowd of country* people, having their temples bound 
with garlands of oak leaves, dancing and singing the praisesf 
of Ceres j to whom libations were made- <rf honey dilute^ 
with milk and wine, (cui tu laciejavd^^ i. e, mel, et miti. 
diiue Baceho, Virg. G, i, 344) these sacred rites were per* 
formed before they began to reap, privately as well as pub- 
licly, iiirf, 347. 

This order of priests is said to have been instituted by 
Romulus in honour of his nuyse Acca Laurentia,. who had 
12 sons : andi when one of them diedi Romulus, to console 
her, dfieied \o supply his place, and called Jiimself and tiie 
rest of her sons, FratresArvales* Their ofSce was for 
Kfe, tod continued even in captivity and exile* They wore a 
crown made of the ears oicxxn^fcmrona spicea\ and a white 
woollen wreath around then- temples, (infula alba) ^Gdl vi» 
17- Plin» xviiL 2. 
If^rvhAerantfikmmta ktmr^uibussac^rdotes €t nosti0^ 



3S2 JlOMAN ANTIQUITIES. 

fempb^vehbanHif^ FestuB* The in/uLc wepe brojid wctA- 
kn bandages {ied with ribands, fvUtaJy Virg« G« uL 4r87. 
^n. X. 538. Ovid. Pont- iii. 2. 74. used not only by prksts 
to cover their heads, Ctr. Verr. iv. 50. Lfican* v. 142. but 
also by suppliants, Ctes^B. C. M. 12. Xiv* xxiv- 30* xxv. 25* 
TaciU Hist. i. 66» 

S^ CURIONES, the priests, who performed the public 
sacred rites m each curta^ 30 in number. See p. 1. Heralds 
who notified die orders of the prince or people at the spec- 
tacles w^re abo called Curiokes, PUn £p. iv« 7. Martial* 
Praf. ii. Plautus calls a lean lamb rarto, i. c. qw cura ma- 
€etf which is lean with care, ji^i* iii*6« 97« 

S. FECI ALES vel Fetzales^ sacred persons employed in 
declaring war and making pea«e, Liv. ix. 5. The Feciaiist 
who took the oath, in the name of the Roman people, in con- 
eluding a treaty 6f peace, was called PATER PATRA- 
yVS^iquodjusJurandum pro toiopopuh patrabat, i. e. ^r^r- 
Habat vel peragebatj , Liv. i* 24« The: FecuUes fcoUegmm 
fedcdvum^ Liv. xxxvi* 3. were instituted by Numa Pompi- 
lius, boirowed, as Dionysiu9 thinks, i. 21. ii. 72. from the* 
Gfeefcs : they are supposed to fiave been 20 in number, 
Varr. apudNtm. xii-43. They judged concemingievery thing 
which related to the proclaiming of war and the making of 
treaties, ibid. Cic. Icgg. n* 9* the forms they used were insti- 
tuted by Ancus, Liv^ i- 32- They were seht to the enemy 
to demand die restitution of effects, (cLABiGATUM,i*e« res 
raptaSi clare repetitum*) They always carried in their bands, 
or wreaUied round their temi^es, vervain, (verbena^) Serv* 
in Virg* xii« 120* vel verhenaca^ a kind of sacred grass or 
clean herbs, isagmina v. herbapuraj plucked from a par- 
ticular place in the capitoi, with the earth, in which it^grew, 
(gramen ex arce eum sua terra evulsum ;J haice the chief 
of them was called VEBBEifAitius, Plin. xxii- 3- xxx-9. 
fi. 69* If they were sent to make a treaty, each of them car- 
ried vervain as an emblem of peace, and a flint stone to strike 
the animal which was sacrificed, {privos lapides silices;pri^ 
pasque verbenas^) Liv. xxx. 43. 

4- SOD ALES Titii vel Titienses, priests appointed by 

Titus Tatius to preserve die sacred rites of the Sabines ; op 

>y JloxQulus ii) honour of Tatius himseU; Tacit jUmtdirSA, 



Ministers of^ttiGt&nf: Hf 

JUs^ \h 95* in imitation of whom the priests instituted ta 
Augustus after his death were called Sobalsj^ Md. Suet. 
Claud' 6. Gailh 8. 

5- REX Sacrortmiy vel Rex sacrificulus^ a i»iest appoint^ 
ed after the expulsion of Tarquin, to perform the sacred 
rites, which the kings themsdves used formerly to perform ;. 
an office of small importance, and subject to thtf Pontifex. 
Maximits^ as all the other priests were, Im- ii- 2« Dionys' 
iv« 74- V. !• Before a person was admitted to this priest- 
hood, he was obliged to resi^ any other office he bore, Liv^ 
xl* 52- His wife was called Reg in a, Maprolh Sai- v IS. 
andhisliouseanciently Regia, SerV'inPtrg*.Mnf\m*36i0 

THE PRIESTS OF PARTICULAR GODS. '^ 

THE priests of particular gods were called FLAMI^ 
NES, from a cap or fillet (a/ib vel pUeo), which they 
wore on their heads, Farr- Lr L- iv- 15» The chief of these 
were, 

I- J^ibmmDIALIS, the priest of Jupiter, who was dis- 
tinguished by a lictor, icUa eurulis^ and tpgapr^texta^ Liv- 
1. 520- and had a right, from his office, of coming into the se» 
nate, Liv- xxvii- 8 Flamen MARTIAL IS, the priest of 
Mars ; QUIRIN ALIS, of Romulus, &c. These three were 
always diosen from the patricians, Cic- Dom- 14- — They 
were first instituted by Numa, Liv- i- 20 Dimys- ii- 64- who 
had himself performed the sacred rites, which afterwards be- 
longed to the Flymen Dialis, Liv- i. 20- They were after- 
wards created by the people, QeU- xv. 27- when they were 
said to be eleeti^ designate create vel destinoH, Veil- ii- 43- ' 
Suet- Jul- 1- and inaugurated or solemnly admitted to their 
office by the PonHfex M- and the augurs, Cic- Phil il 43. 
Brui' h Suet. CaL 12, Xw- xxx. 26- Voter* Max* vi. 9. 
3. when they Were said inaugurari^ prcdi^ vel cqpi^ ibid. & 
Cic. Mil- lO 17. The PmtifexM, seems to have nominat- 
ed three persons to the people, of whom thQr chos&one, Ta* 
cit. AnnoL iv- 16. 

The Flamines wore a purple robe called L^n a, Cw- Brut: 
14. which seems to have been thrown over their toga ; hence 
callad by Festus duplex amictu^y and a conical <^ap, called^ 
Ai^ax, Lmon* i- 604. Laingerosque apices, Ftrg. ^n viii. 



, 334 ROMAN ANTIQUTWES. 

664. Although not Ptmtifices^ tftey s?e|A to have had a scat 
in that cdl^« Cio. tiarusp. 6. Dom. % Other Flamines 
were afterwards created, called Mxnok&s, whd might be 
plebeians^ Festusy as the Flamen of Carilfieata, the mother 
of Evander, Cic. Brut* 14- The emperors also, after their 
consecration, had each of them their Ftaminesy and likewise 
eoUeges of priests who w^e called sodalesy Suet- CI. 6. 
Thus, Flamen C^esaris, Suet. Jut- 74. sc. Antonius* Cic. 
PhiL XL. 43. Dio. xl- iv. 6. 

The f^lamen of Jupiter was an officer of great dignity, 
(m AXiMiE dignatiants inter xv. flarmnes^ Festus,) but sub- 
jected to many restrictions ; as, that he should not tide on 
horseback, Fest. & Phn^ xxviii. 9. nor stay one night with- 
out Ae city, Liv. v. 52. Tavit. AnnaL iii- 58. ncM" take an 
oath, Uv' xxxi* 50. and several others enumerated, GelL x« 
15. Plutarch, q. Rom. 39- 43. IO7. 108, &c. His wife (J%. 
fttimca^) was likewise tinder particular restrictions, ifR/.& 
Tacit. ArmuL iv« 16. Outd. Fast, vi- 226. but she could not 
be divctt^ced: and, if she died, the Flamen resigned his office, 
Plutarch, q. Bonh 49. because he could not perform certain 
fiacred rites without her assistance, ibid. 

From the death of Merula, who killed himsdf in tbe tern, 
pie of Jupiiter, Cinsicis vems^ super/usoque aUaribus senguu 
ne,) Cicero says in the temple <rf Vesta, Orat. iii. 3. to a- 
vbid the cruelty of Cinna, A. 666. Flor. iii. 21. VelL ii^ 12, 
there was no Flamen Dtalis for 72 years, Tacit. AnmU 
iii. 58. (Dio makes it 77 years, liv. 36. but seems not con- 
sistent, ibid* 24.) and the duties of his function were per- 
formed by the Pontijices ; iill Augustus made Servius Ma- 
luginensis, Priest of Jupiter, Tadt. ibid. Suet. Aug: 31. Ju- 
lius Caesar had indeed been elected (desttnattts^ Suet. 1* 
ereatusj Veil. ii. 43.) to that office at 17 ipenepuer^ fcid.) 
but not having been inaugurated, was soon after deprived 
ofitbySylla,jftfrf. 

II. SALII, the priests of Mars, twelve in number, in- 
stituted by Noma; so called, because on solemn occasions 
they used to go through the city dancing, {a saltu nomtna 
ducunty Ovid. Fast. iii. 387» exsultantes Sal it, Firg. Mn^ 
viii. 663. a saltando, quodfacere in comitio in sacris quotan^ 
fds sclent et debrnt, Vazr. iv. 15.^ drest in an embroidered 



Ministers Q/*R£Li6ioirJ 33S 

{tinic, (tunica ptcta\ bound with a brazen belt, and a to'gtt 
pTittexta or trabea : having; on their head a cap rising to a 
considerable height in the fomi of a cone, iapex, jtt^/B^rn*,) 
with a sword by their side ; in their right hand, a^ spear, a 
rod, or the like ; and in their left, one of the Ancilia^ os 
shields of Mt.rs, Diont/s. ii, 70- Lucan says it hung from 
thcirneck, £t Salms lato partat Ancilia coUo, i. 603. Sene- 
ca r^tmbles the kaping of the Salii^ fsakus ttALiARis), to 
that of fullers of cloth, Isaltus FULxoNfus), jB/j. 15- They 
used to go to the capitol, through the Foruin ami other pub- 
lic parts of the city, smging as they went, sacred songs, (per 
urhem ibant canentes carmina cum tnpudUs tolcnmque saltan 
tu^ Liv. i, 20. Horat Od. i. 36- 12. iv. 1. 28.) said to have 
been composed by Numa, {Saliare Numa carmen\ Horat* 
Ep. u. 1. 86. Tacit. Annal. iL 83. which, in the time of Ho* 
race, could hardly be understood by any one, ibid, scarcely 
by the priests themselves, QuinctUian^ i. 6. '40. Festus calls 
these verses AxAME NT A vel Assamenta* 

The most solemn procession of the Salii was on the first 
of March, in commemoration of the time when the sacred 
shield was believed to have fallen from heaven, in the jreiga 
of Numa* They resembled tltte army dancers of the Greeks, 
called. Curetes^ from Crete, where that manner of dancing, 
called Pyrriche, had its origin ;, whether invented by 
Minerva, or, according to the fables of the poets, by the Cm- 
retes^ who, being entrusted with the care of Jupiter in his 
infancy, Serv. in f^irg. iv. 151. to pffevent his being discov- 
ered by Saturn his father, drowned his cries by the sound 
of their arms and cymbaLp, Dumys. ii. 70. vii. 72. Hygin. 
139« It was certainly common among the Greeks in the time 
of Homer, //. vi. v. 494. Strab, x. 467, & 468, ^n. 

No one could be admitted into the order of the SaliU tin- 
less a native of the place, and freebom,, whose father and mo- 
ther were alive. Luc^n calls them lectajtwentus patrtcia^ 
because chosen fix>m that order, ix. 478. The Salii, after 
finishing their procession, had a splendid entertainment pre- 
pared for them, iS/i^f. Claud' 33; h^nce Saliauzs dapcs^ 
costly, dishes, IIr*rat Od- i- 37, 2- Epulari Saliarem in mo- 
duTUy to feast luxuriously, Cic- Att v- 9 Their chief was 
ealkdP&Asu:^, (ie. qid fltite afws saliO ; who seenas to 



SS6 ROMAN ANTIQUITIES. 

^ llave gone foremost in the procession, Cic. drcTm* i 36. u- 66- 
their principal musician, Vates, and he who admitted new 
members, Macist£R, Capitaiin. in Antonin. phihs* 4. 
According \(i Dionysius, iii- 32- TuUus Hostilius added 
twelve other' Saliu who were called Acokal£s^ -enses^ or 
ColUniy from having their chapel on the Colline hill* Those 
. instituted by Numa had their chapel on the Palatine hill ; 
hence, for tbe««iake of distinction, they were called Pal ati- 
If I, Id* ii- 70. • 

IIL LUPERCI, the priests of Pan ; so called r« i^^poJ 
from a wolf, because that god was supposed to keep the 
wolves from the sheep, Serv. in Firg- Mtu viii- 343- Hence 
the place where he was worshipped was called Lupercatt 
and his festival Lupercalia^ which was celebrated in Febru- 
ary; at which time the Xcfpem ran up and down ^ city 
ndced, having only a girdb of goat's skin round thc^ waist, 
and thongs of the same in their hands, with which >they 
struck those they met ; particulariy married womenF^ who 
were thence supposed to be rendered prolific, Ovid' Faa^ 
ii« 427, & 445. 

There were three companies (^odaKtatcs) otLuperdi two 
ancient, called Fasiani and Quiktiliani,^ (a Fat»o H 
Quintilio prapositis mis^ Festus), and a third called Ixshiu 
instituted in honour of Julius Caesar, whose first chief was 
Antony : and therefore, in tl»t capacity, at the fesdviJl of 
the Jjupercalia^ although consul, he went almostnaked into 
lissfi forum Julium^ attended by his lictors, and having made 
a harangue to thepecq>le, (nudus eonczonatm est)j Cic Phil. 
IL 34, & 43. from the Rostra, he, accixding to concert, as it 
is believed; presented a crown to Ceesar, who was sitting 
there in a golden chair, drest in a purple robe, with a golden 
diadem, which had been decreed him, surrounded by the 
whole senate and people, ibid. Antony attempted repeatedly 
to put the crown on his head, addressing him by the title of 
King, and declaring that what he said and did was at the 
desire of his fellow citizens, Dio^ xlv. 31, & 41* xlvi- 5.- But 
C«sar perceiving the strongest marks of aversion in the peo- 
ple; rejected it, saying, that Jupiter alone was king of Rome^ 
and tliereforc sent the crown to the Capitol, as a present to 
that god, Hufft. C^*. 79- Ctc. Fh(k iiL S. V* 14- xiii- 8, i5. 



Ministers 4/*R£i«iciDK* 337 

19- /&, xlvL 19. Felt, il 56 Plutarch, Cas. p. lZ^..Afii<m». 
p. 921' jippian- ^- C. iL p« 496. It is remarkable that none 
of the succeeding emperors, in the plenitude of their power» 
ever venture to assume the name of King^. 

Aa the Luperci were the most ancient order of priests^ 
said to have been first instituted by Evander, Ovid- Fast' ii* 
279^ UfV' I 5- so they continued the longest, not being abo- 
lished till the time of Anastasius, who died. A- D- 518* ' 

IV. POTITU and PINARII, the priests of Hercules, in- 
stituted by Evander, Liv- i 7- Firg- Mn viii 270- when he 
bulk an altar to Hercules, called Maxima, after that hero 
had slain Cacus, Uv- v 7- said to have been instructed ia 
the sacred rites by Hercules himself, Ctc- Dam* 52. Serv. in 
Firg* jEh' viii- 269- being then two of the most illustrious 
families in that place* The Ptnani happening to come too 
late to the sacrifice^ after the entrails were eaten up, fexti^ 
adesis^J were by the appobtment of Hercules never after 
permitted to taste the entraib, ibid' & Dionys. h 40 So that 
they acted only as assistants in performing the sacred rites ; 
f'Et domus Herailei custos Finaria sacri, Virg^ ibid)* The 
FotitHj beii« taught by Evander, coitinued to preside at the 
sacrifices of Hercules, for many ages ; (Antistites lorra 
ejus'fuerunty Liv. ibid- Frimusque Fotitius auctor^ Virg. 
' ibidO till the Finarii by the authority or advice of Appius 
ClaQdius, the censor, having, delegated their ministry to 
public slaves, their whole race, {genus omne^ v* Gei^ s, Po* 
ntiorumX consisting of 12 familiay became extinct, within 
a year ; and some time after Appius lost his sights a warn* 
ing, says Livy, against making innovations m religion, {quod 
dinumemUs statu suo saeris religionem/acere posset^J ix. 29. 

V- G ALLI, the priests of Cybele^ the mother of the gods, 
so called ii*om Gall us, a river in Phrygia, which was sup« 
posed to make those who drank of it mad, so that they cas- 
trated themselves, Festus ; as the priests of Cybele did, He^ 
rodian' t 11* Ovid^ Fast* iv. S61- (genitalia sibi absdndebant 
suUris lapideis vel Samnia testa, with knives of stone or Sa* 
miaa brick), /xo^^ita/- ii« 116- vi* 513. Martial, iii. 81, 3. 
Flia. xi. 49- s- 109- xxxv- 12. s- 46: in imitation oiAtySf 
-yis. Attis, 4dis, v. Attin, imsj Ovid* Fast* iv- 223, Sec Met 
X. 104^ Amob. called alsj;) Cuaetes, Lueret. n- 63?. Co^ 



iJ38 ROMAN ANTIQUITIES. 

RYBANtES, iiorat' Od. I 16. 8. thear chiefs ARCtriCAL* 
ttrs, Serv. in Ftrg- ix. 116. Ptin. xxxv. 10. ». 36. all of 
Phrygian extraction, Dkmys. ii. 19- who used to carry 
round the image <rf Cybele, with the gestures of mad people, 
roHing their heads, beating their breasts to the aoond of the 
flute, {Hbia Beteet/iUhitc v^buxi)^ making a great noise 
with drums and cymbals, J^af* Od. u 16, ?• Firg. t^En* ix« 
619. Sometimes also cutting their arms, and uttering dread- 
ful predictions, Jjucan. i. 565* Senec* Med. 804- During 
theC<»tival caUed Hit aria, at the vemaji equinox, Cviii. 
Kal. April.) Macrob- Sat. u 21- th^ washed with certain 
solemnities the image of Cybele* her chariot, her lions, and 
all her ^cred things, in the Tiber, at the conflux of ^ AU 
mo, Ovid' Fast' iv. 337. They annually went round the 
Tillages, asking an alms^ (stip€memendicQni€9)^ ibid. 350« 
PqnU i. 1, 40. Dionys. ii. 19- which all other pxiesis were 
lirohibited to do, Cic. legg. ii, 9, 16« All the cm>umstances 
fdating to Cybele and her sacred rites are poetically detailed 
by Ovid, /Vw<. iv. 181,--373. 

The rights of Cybele were disgraced by great indecency 
6f expression, Juvenal, n^ 110- AugusHn* de Civ* Deu ii- 14- 

VIRGINES VESTALES {nm^i^m 'hm^imh,.) Virpns 
consecrated to the worship of Vesta, a priesthood derived 
from Alba, Lio* i- 90* for Rhea Sylvia, t^ mother of Rornu* 
lus, was a Vestal, idid. 3* origkially from Troy, Firg. JEn^ ii. 
S96* ficst instituted at Rome by Numa, Uv* ibidi four in 
number, Dionyi^ ii* 64, ^ 65. two were added by T^quini* 
us Priscua, Id^ iii. 67« or by Servius TulHus, Phaarch- in 
Numa^ which continued to be the number ew after, Dw- 
nps' ibid. Festus in SEX. 

The Vestal Virgins were chosenfirst by thektngs, Dionps- 
ibid* and after tlieir expulsion, by the Pmtifex Maocimus; 
who, according to the Papitm law, when a vacancy?was to 
besupirfied, selecttd from among the peofrie, twemy girls 
above six, and below sixteen years of age, fVee from any bo- 
dily defect, (which was a requisite in idl priests, Sacerdos 
XNTXQER SIT, iSbxe^ coT^oV' iv» 2* Plutarch g* Horn. 72*) 
whose faUier and mother were both aHve, and f reeborn citi- 
zens* It was determined, by lot in an assembly of ibc peo- 
tde, vrt)idi of these tiraiQr should be appointed* Hientbe 



Mii>risT£Rs Q/*R££rciOK. 339 

PontifexM. went and took her on whom the lot fell, from 
her p irents, m a captive in war tmanu prehemam a parmie 
vehti betto eaptam abducebatj^ addressing her^thus,T£» A- 
mjlta, capio; that being, according to A. Gellius, the 
naneofthefirat who was chosen a Vestal : Hence Capbre 
Ftrginem Festalem, to choose ; which word was also appli-^ 
ed to the Plamen Dtabs, to the Pamifices and augurs, Gett. 
i. 12. But aifterwards this mode of casting lots was not ne« 
cessary. The Pantifex M- might choose any one he thought 
proper, with the consent of her parents, and the requisite 
qudifications, fcujm ratio haberi posset)^ ibid. Tacit. Anft, 
ii 86. Ifnoneoffifred voluntarily, the method (rf* casting 
lots was us<^. Suet. Aug- 31- ^ 

The Vestal Virgins were bound to their ministry for thir- 
ty years. For the first ten years they learned the sacred rites; 
for the next ten, they performed them ; and few the last ten, 
taught the yoimger virgins, Senec. de vit. beat- 29. Dionys. 
ii. 67. They were all said, pr^iidere wcris^ Tacit. Ann. ii. 
86. ut assidua templi Antistite s, v. -ta^ Liv. i, 20. The 
eldest (f^estaHum vetustissima^TvLcii. Ann. xL 32. was call- 
ed Maxim a, 5fi^f*/f//. 83. nw^$94ttmvrmt Dii}, liv. 24.) After 
thirty yeiars service they might leave the temple and marry ;, 
which, however, was seldom done, and always reckoned o^ 
urinous, Dimys. ii. 67. 

The office of the Vestal Vfar^pus was,-**l. to kegp the sa- 
cred fire always burning, Fbr; i. 2. Cttstodiitkto icnem 
roci P0BLICI sfi-MPiT£RNUM« Cic legg. ii.8. whence .42- 
termeque Festa oblitus^ Horat. Od. iii- 5* 11- watching it m 
the night time alternately, Ltv. xxviii. 31. and whoever al- 
lowed it to go out was scourged, Cfiagtis esedebaturj by the 
Panttfex M. Vnler. Max- i. 1. 6 Dionys- ii. 67. nuda qui- 
dentj sed ohscuro loeo et veh medio interpositoJ^ Plutarch^ 
Num, p. 67. or by his order, Uv. xxviii. 11. This acci- 
dent was always esteemed unlucky, and expiated by offefirtg 
extraordinary sacrifices, {hostm majoribus procurari}, ibid; 
The fire was lighted up aj^ain, not from another fire,, but 
from the rays of the sun, Plutarch. ibiA in which manner k 
was rcnewedjevery year on the 1st of M«rcb ; that day be- 
ing anciently the beginning of the year, Maerob. Sat. i. 13» 
Ovkt* Fast* iii- 143-^-^^2' to keep the secret pledge of the 
empire, Lh^ xxvi* 27- v* 52* supposed to have b^ the Paly 



S4e ROMAN ANTIQUITIES; 

ladium, LtUcan* ix, 994- or the Penates of the Roman peo« 
ple» Tacit* Ann' xv. 4L Dtonys- ii* 66. called by Dio »« *»^* ; 
kept in the innennost recess of the temple, visible only to 
the virgins, or rather to the festalts Mnxtma alone ; Latean. 
ibid. & i. 598. Herodian. \. 14. sometimes removed from 
the temple of Vesta by the virgins, when tumult and slaugh- 
ter prevailed in the city, Dto, xlii. 31. or in case of a fire, liv- 
24. rescued by Metellus, the Pontifex M. when the temple 
was in flames, A. 512, Liv. Ep. xix. Dionys. ii. 66. Ouid. 
Fast, vi* 437. at the hazard of his life, and with the loss of 
his sight, Plin- vii- 43. and consequently of his priesthood, 
Senec. cantr- iv. 2. for which a statue was erected to him 
in the Capitol, Dionys. ii. 66. and other honours conferred 
CHI him, seep. 17. — And 3. to perform constantiy the sa- 
cred rites of the goddess, Sehec. de prw. 5. Their pragrers 
and vows were always thought to have great influence with 
the gods, Cic. Font. 17- Dio, xlviii- 19- Horat. Od. I 2, 28. 
Iq their devotions they worshipped the god Fascinusto ga^rd 
them from envy, Pliri. xxviii. 4. s. 7^ 

The Vestal Virgins wore a long white robe, bordered 
with purple, their heads were decorated with fillets, iinfida 
Uf^f^rccy Dionys* ii. 67.. viii. 89.) and ribands, ivitta)^ Ovid. 
Fast iii. 30. hence the FestaKs Maxima is Called, Vitta- 
TA sACERBos, Liwan. i. 597. and simply Vittata, Ju- 
venal, iv- JO. the head dress, suffibulum, Festus, describe 
ed by Prudentius, contra Symmach. ii. 1093. When first 
chosen, their hair was cut off, and buried under an old lotos 
or lote-tree in the city, Plin. xvi. 44. s. 85. but it was af* 
terwanls allowed to grow. 

The Vestal Virgins enjoyed singular honours and privi. 
leges. The praetors and consuls, when they met them in 
the street, lowered iheir/asces^ and went out of the wiqt to 
shew them respect. Sen- contr. vi. 8* They had a lictor to 
attend them in public, at least after the time of the triumvi- 
rate, Dio. xlvii. 19. Senec^ contr. i. 2. Plutarch says always, 
in Numa. They rode in a chariot, (carpento^ v. pHento)^ 
Tacit. Annal. xii. 42* sat in a distinguished place at the 
spectacles. Id. iv. 16. Suet^ Aug. 44. were not forced to 
sweaTi Oell. x. 15. unless they inclined, TacU* AnnaL ii. 34 
f^nd by none otter- but Vesta, Smee. ibid^ They migbt 



Ministers t^l^iRLicioisrl S41 

Tnake their testament, altlimi^h under age ; for they were 
not subject to the power of a pareiit <^ guardian, as other' 
women, OelL ibid. They could free a criminal from pun. 
ishment, if they met him accidentally, Plutanch^ inJVuma / 
and their interposition was always greatly respected, Cie. 
JPoni. 17. Agr. ii. 36. Tacit* jinnaL xi. 32. Suet. Jul. 1. 
Ttb. 2. Vtt. 16. TacU. Hist. iii. 81. They had a salary 
from the public, Dv. i. 20. Stiet Aug- 31. They were held 
in such veneration, that testaments and the most important 
deeds were committed to tjieircare. Suet. Jul* 83. Aug* 
102- Ihcit' Antral' i. 8. Z)w. xlviii. 12, 37^ 46. Tacit. Annal. 
iv- 16, atid they enjoyed all the privileges of matrons^ wh»^ 
had three children, Dio. Ivi. 10. 

When the Vestal Virgins were forced through indisposi* 
tion to leave the Atrium VestjE, probably a house ad« 
joining: to the temple, and to the palace of Numa, Recia 
parva^vum\ if not a part of it, Ovirf. Trist.m. 1,30/ 
Fant.vi' 263. where the virgins lived, they were entrusted 
to the care of some venerable matron, PHn. Ep. vii. 19. 

If any Vestal violated her vow of chastity, she was« after 
being tried and sentenced by xkvt Pontifices^ buried alive 
with funeral solemnities in a place called the campus sce- 
3LER ATUs, near tfac Porta Collina, and her paramour scourg*. 
ed to death in the Forum ; which method of punishment is 
said to have been first contrived by Tarquinius FriscuSt- 
Dionys. iii 67. The commission of this crime was thought., 
to forebode some dreadful calamity of the state, and there- 
fore was always expiated with e jctraordinary sacrifices, Zav. 
viii. 15* xiv- xxii. 57. Ixiii. Dionys. i. 78. iL.67* viii- S9. ix. 
40* Dio fragm. 91, 92. Plutarch, q. Bom. S3. Ascon* in 
MiL 12. Suet. Dom. 8. Plin. Ep. iv. 11, Juvenai. iv* la. 
The su^x^cted virtue of some virgins is said to have been 
miraculously cleared, Faler^ Max. viii. 1, 5. Lto. xxix. 14« 
P&t.vii. 35. 

These were the principal divisions of the Homan priests^ 
Conceining their emoluments, the classics leave us very v 
much in the dark ; as they also do with respect to those of 
the magistrates. • When Romulus first divided the Roman 
territory, he set apart what was sufllcient for the performance 
isf saa^ rites, and for the support of temples, Dwnys. ii. 7* 



342 HOMAK ANTIQUITIES. 

So Livy informs us, that Nama, who instituted die i^reatest 
number of priests and sacrifices, provided a fund for defray- 
Big these expenses^ (unde in eos sumptus erogaretur^ i. 20. 
but appointed a public stipend (sHpemSum de publico ttatuit), 
to none but the Vestal Virgins, ibid. Dionysius, speaking of 
Romulus^ says, that while other nations were negligent about 
the choice of their priests^ some exposing that office to sale, 
and others determining it by lot ; Roniulus made a law, that 
two men, above fifty, of distinguished rank and virtue, with* 
out bodily defect, and possessed of a competent fortune, 
should be chosen from each curia^ to officiate as priests in 
tbat curia or pari^di for life ; being exempted by age from 
military service, and by law from the troublesome business (tf 
^dty,ii«21. Thereis no mention of any annual sakory. In 
2^ter ages the priests claimed an immunity from taxes^ which 
the Fontijices and.augurs for several yearsdid not pay. At 
lft«t however the quaestors wanting money for public exigen- 
ees, forced them, after appealing in vain to the tribunes, to 
pay up their arrears, fannorum^per quos non dederantj sti- 
pendium exactum est J Liv. xxxiii. 452. s. 44. Augustus 
mcreased both the dignity and emoluments (comuoda) of 
the priests; particularly of the Vestal Virgins, Suet. Aug* 
31' as he likewise first fixed the salaries of the provincial 
Magistrates, i>E0, lii* 23, 25. liii- 15. whence we read of a 
sum of money (sai. atrium ;} being given to those who were 
disappointed of a province. Id. 78, 22* xliii- 4- Ixxviii. 22. 
Tacit' Agric. 42. But we read of no fixed salary for the 
priests ; as for die teachers of the liberal arts, Suet. Fcst 18. 
Digest, and for others. Suet- Tib. 46* Ner* 10. When 
Theodosausthe Great abolished the heathen wcn^ip at 
Rome, Zosimus mentions only his refusing to grant the 
public money for sacrifices, and expelling the {Hriests ofboth 
se^ses&om ttoe temples, v* 38. ft: is certain, however, that 
sufficient provision was made, in whatever manner, for the 
naintenafice <rfthose, who devoted themselves wholly to sa- 
cred functions. Hcmour, perteps, was the chief reward of 
tiie dignified priests, who attended only occasionally, and 
whose rank smd fortune raised thenr above desiring any pe- 
i^niary gratification. There is a passage in the life of Aure- 
fiao by Yopiacus, a IS. wMch sonde sq[>ply to^iis subject ; 



SjiCREB RlT£fi. 34s 

althoui^ it seems to be restricted to the priests of a pardcultt 
temple ; Pontifices roboravity SG. Aurelianus^ i. ۥ he endow:* 
cd the chief priests with salaries ; decrevit etiam emolument 
ta minUtrisj and granted certain emoliuoents to their ser#> 
vants, the inferior priests who took care of the temples. The 
priests are bjr later writerl sometimes divided into thret 
classes, the antistttes or chief priests ; the mctrdotes or or* 
dbiary priests ; and the ministrij or meanest priests^ whom 
Maniliua calls auciaraios in tertia jura mmistras^ v. S50» 
but for the most part only into two classes, the Pontifices or 
Sdcerd^tes^ and the mnistri ; as in Vopiscus ; so m leg. 14. 
Codm The&iai. de pagan, mcrif. et templis. 

SERVANTS OF the PRIESTS. 

THE priests who had children, employed them to assist 
IP performing sacred rites : but those who had no chil- 
dren procured free-bom boys and girls to serve them, the 
boys tathe age of puberty, and the girls tiU they were mar- 
ried. These were called Camtlli and Camill^t Dionys* ii* 
24. 

Those who took care of the temples were called JEdjtvi 
or Mditumrdj Gell- xii. 6. those who brought the victims to 
the altar and slew them, PoPiE, Fictimarii and CuUrarH; 
to whom in particular the name of MINISTRI was iwoper- 
ly applied, Ovid. Fast. i. 319- iv. 637- Met. ii* 717. Firg- 6. 
iii 488- Juvenal xii- 14* The boys who assisted the Fla^ 
mines in sacred rites were called Flaminii; and the girlsi 
FxAMiNi^, Festus There were* various kinds of musi- 
cians, THbicinesj Ttibicines^ FidicineSy &c- Liv. ix. 30. 

Ill- The places and RITES or SACRED 
THINGS. 

THE places dedicated to the worship of the gods were 
caUed temples, Tbmpl a, ffanaydebibrai saeraria^ ^des 
sacr^\ and consecrated by the augurs ; hence called Augus- 
ta* A ttmjAt built by Agrippa in the time (^ Augustus, and 
dedicated to all the gods, was called Pantheon^ Dio, liiL 27. 
A small temple or chapel was called Seceilum or JEdicuk^ 
A wood or tliicket of trees consecrated to religious worship, 
was called Lueusy agrove^ Plin. x\y 6. Plaut.Ampiuv. I, 
42. Tbc gods were supposed to frequent woods and fbnrv^ 



34i HOMAN ANTIQUITIES. 

tains ; hence £sse locis superos testatur sihxh Lticaiu ix- 
522, 

The worship of the gods consisted chidiy in prayers, 
vows, and sacrifices* 

No act of religious worship was performed without iwray- 
er. The words used were thought of the greatest impor- 
tance, and varied according to the nature of the sacrifice, 
Faler. Max. i. 1- Hence the supposed force of charms and 
incantations, (verba et incantamenta carminumJ^ Pliju 
xxviii, 2> Horat. Ep. i- 1, 34. When in doubt about the 
name of any god, lest they should mistake, they used to say, 
Quisq^uis Es, Plant.* Mud u 4, 37. Firg^ Mn- iv 577* 
Whatever occurred to a person in doubt what to say, was 
supposed to be suggested by some divinity, Plaut Mast- liL 
1, 137- Apulei. de deo Socratis- In the day time the gods 
Ivere thought to remain for the most part in heaven, but to 
go up and down the earth during the night to observe the 
actions of men, Plaut' Rud- Prol- 8* The stars were suppos* 
cd to do the contrary, ibid- 

Those who prayed, stood usually with their heads cover- 
^, (capite vtlat9 vel operto) looking towards the east. A 
priest pronounced the words before them, {verba pr^batX 
They frequently touched the altars or the knees of theima* 
ges of the gods ; turning themselves round in a circle, (in gy^ 
rum se convertebant\ Liv, v. 21. towards the right, Plaut. 
Cure- i. 1, 70. sometimes put their right hand to their mouth, 
(dextram ori admovebant ; whence adoratio\ and also pros- 
trated themselves on the ground, C procumbebant aris adve- 
hitij. 

The ancient Romans used with the same solenmity toofier 
up vows, (VOVERE, vota facere^ sutcipere^ concipere^ 
nuncu^are^ &c.) They vowed temples, games, thence call- 
ed Ludi votivu sacrifices, gifts, a certain part of the plunder 
of a city, &c. Also what was called VER SACRUM, that 
is, all the cattie which were produced from the first of March 
to the end of April, Liv- xxii- 9, 10- xxxiv* 44. In thb vow 
among the Samnites, men were included, Festus in Ma- 

JtfERTINI. 

Sometimes thcj^used to write their vows in paper or waxen 
tablets, to seal them up, {obsisnare)i and fasten them \vith 



Sacred Hitbs* 345 

Was: to the knees of the images of the gods ; that being sup^ 
posed to be the seat of mercy ; Hence Genua incerare deo- * 
rum^ Juvenal/x. S5* 

When the things for which they offered up vows were 
granted, the vows were sa'id i;a/<rr^, esse rata^ &c. but if not^ 
coder e^ esseirrita^ &c. 

The person who raiide vows was said* esse voti reus ; and 
when he obtained his wish, (voti compos d voti damnatus^ 
was bound to make good his vow, till he performed, Macrob- 
SaU iii. 2. vel voto^ Virg. Eel. v. 80- Hence, damnabis tu 
quoque votis^ i- c. obligabis advota sobuenda^ shall bind men 
to perform their vows by granting what tliey prayed for, Virg* 
ibid, redder e vcl solvere xwta^ to perform. Fars prada cfe- 
bita^ Liv. debiti vel meriti honoresy merita donOy &c. A vow. 
cd feast iepulumvotivum) was called Polluctitm, PlauU 
Rud* V. 3, 63' from poUucere to consecrate, Id. Stick, i. 3* 
80. hcnctpoUucibiliter canarcy to feast sumptuously ,/rf.il/o*/. 
i- 1, 23. Those who implored tiie aid of the gods, used to lie 
iincubarej in their temples, as if to receive from them re. 
spouses in their sleep, Serv* in Virg^ vii. 88. Cic. divin. i. 43. 
The sick in particular did so in the temple of i£sculapius» 
Plaut. Cure. 1 1, 61. ii. 2, 10, &c. 

Those sayed from shipwreck used to hang up their clothes 
in the temple of Neptune, with a picture {tabuia votiva) re* 
presenting the circumstances of their danger and escape^ . 
Firg* xii. 768. HoraL Od. i- 5. Cic- Nat. D- iiL 37. So sol- 
diers, when discharged, used to suspend their arms to Mars, 
gladiators dieir swords to Hercules^ ^ra^ Ep. i. 1, 4. and 
poets, when they finished a work, the fillets of then: hair to 
Apollo; Stat: Silv- iv. 4, 92. A person who had suffered 
shipwreck^ used sometimes to support himself by begging^ 
andibr the sake of moving compassion, to shew a picture of 
his misfortunes, Jtmenal. xiv. 301. Phadr* iv. 21, 24. 

Augustus, having lost a number of his ships in a storm^ 
expressed his resentment against Neptune, by ordering tliat 
his imagb should not be carried in procession with those of 
the other gods at the next solemnity of the Circensian games, 
Suet. Aug. 16* 

'Iliaiiksgivings Cgratiarum actimes) used always to be 
made to the gods for benefits received, aivl up<Hi all ibrtu^ 

Z z 



346 ROMAN AN-nQUlTlEa 

nate events. It wasv however, believed that the gods, after fc- 
markcible success, used to send on men, by the agency of 
Nemesis, (ULTRix/acinorum impiorum^bondrumqueTKJE" 
MiATKix^ Marcellin. xiv* 11.) a reverse of fortune, Liv. 
. xlv. 4L To avoid which, as it is thiought, Augustus, in eon- 
sequence of a dream, every year, on a certain day begged an 
alms from the people, holding out his hand to such as oflfer- 
ed him, (cavam manum asses porrigentibus prabens\ Suet- 
Aug. 91. Dio. liv. 35. 

When a general had obtained a signal victory, a thanks* 
giving (SUPPLIC ATIO vel supplictum) was decreed by 
the senate to be made in all the temples ; Liv. iii. 63. and 
^hat was caUed a LECTISTERNIUM, when couches 
were spread {lecti vtl pulvinaria sternebantur)^ for the gods, 
as if about to feast, and their images taken down from their 
pedestals, and placed upon these couches round the altars^ 
which were loaded with the richest dishes. Hence, Ad omnia 
pulvinafiasaeri/icatum, hiv' xxii. hsuppUcatiodeeretoesif 
CiC' Cat- iii* 10. This honour was decreed to Cicero for hav- 
ing suppressed the conspiracy of Catiline, which he often 
boasts had never been conferred on any other person with- 
out laying aside his robe of peace, {fogatus^ Dio. 37. 36- 
Cic. Pis. 3. Cat^iii. 6. & 10. The author of the decree was 
L. Cotta, Cic. Phil, ii- 6. xiv. 8. A supplication was also 
ilecreed in times of danger or public distress ; when the wo- 
men prostratmg themselves on the ground sometimes swept 
the temples with their hair, Liv. iii. ?• The LecHstemium 
was first introduced in the time of a pestilence, A. U. 356. 
Liv. V. 13. I 

In sacrifices it was requisite that those who offered Aem 
should come chaste and pure ; that they should bathe them- 
selves ; be dressed in White robes^ and crowned with the 
leaves of that tree, which was thought most acceptable to 
the god whom they worshipped. Sometimes also in the 
garb of suppliants, with dishevelled hair, loose robes, and 
barefooted* Vgfws and prayers were always made before 
the sacrifice. 

It was necessary that the animals to be sacrificed (Jtostus 
vel victinue^ Ovid. Fast. i. 335.) should be without spot and 
blemish, Cdficora ttmtegra vel intacta, never yoked hi Ae 



.SaCR£B RlT£$/ S47 

i>loughX <&id L 83« and therefore they were chosen from a 
-flock or herd, approved by the priests, and marked with 
chalk, Juvenal x. 66. whence they were called egrtgia^ 
^coimU lecU. They were adorned with fillets and ribands, 
finfulis tt xnttiSiJ Lw. iL 54. and crowns ; and their horns 
were gilt* 

The victim was led to the altar by tlie Popa, with 
their clothes tucked up and naked to the waist, igui mcdnc- 
ti erantet ad ilia nudi. Suet Calig. 32 J with a slack rope» 
that it might not seem to be brought by force, which was 
reckoned a bad omen. For the same reason it was allowed 
to stand loose before the altar ; and it i*as a very bad omen 
if it fled away. 

Then after silence was ordered, Cic. Divin. l 45. (see p. 
189 J a salted cake, mola salsa, vtl/ruges sals^, Virg. JEn. 
u. 133. Far et mica salis, Ovid. & Horat. i. e- Far tostum, 
comminutumy tt sale mistum, bran or meal mixed with salt), 
was sprinkled /"inspergebatur) on the head of the beast, and 
JDrankincense and wine poured between its horns, the priest 
having first tasted the wine himself, and given it to be tast- 
ed to those that stood next hini, which was called LIBA- 
TIO, Serv. in Virg* Mn. iv. 57, &c, and thus the victim 
was said esse macta^ i. e. magis aucta : Hence imtnolare et 
mactarey to sacrifice; for the Romans carefully avoided 
words of a bad omen, as, cedere, jugular e^ &c. The priest 
plucked the highest hairs between the horns, and threw them 
into the fire; which was called Lib amina phima, Virg^ 
Mn. vi^ 246. 

The victim was struck by the cultrariusj with an axe or a 
mall, imaUeoX Suet. Calig. 32. by the order of the priest, 
whom he asked thus, Agome ? Ovid- Fast. i. 323. and the 
priest answered, Hoc age, Suet. Calig. 58. then it was 
stabbed (jugulabatur) with knives; and the blood being 
CQUshtfexceptaJ in goblets, was poured on the altar. It 
was then flayed and dissected. Sometimes it was all burnt 
and called HoLocAUSTUH, C^x «a«« totusct»*t^uroJ, Virg. 
vi. 25, but usually only a p«irt ; and what remained was di^ 
vided between the priests and the person who offered the sa. 
crifice {qui sacra vsacrijicium paciebat, \. sacris ovz^ 
9iji9J^TVu,ytrg. G. !• 393. Tacit. Armql. ii. 14-) Thp 



S4« ROMAN ANTIQUITIES- 

person who cut up the animal and divided k into different 
parts, was said prosecare exta^ Liv* v. 21. Plant Po&n. ii. 
1, 8. and the entrails thus divided were catted P&osi^cia 
or PnosECTA, Ovid* Fast. vi. 163. These rites weieccHD* 
mon to the Ronians with the Greeks; whence Diatq^sius 
concludes, the Romans were of Greek extraction, vii, 72. 

Then the aruspices inspected the entrails, C^xta confute- 
bantj^ Virg. iv, 64. And if tte signs wer^ favouratde, ^« 
exta bona essent), tliey were said to have offered up an ac- 
ceptable sacrifice^ or to have pacified ihtfsoAh(dmtitets^e); 
if not, (it exta non bona vel prava et tristia essent}^ ano- 
Iher victim was offered up, Qsacrificium instaurabatur^ vd 
victima succidanea mactabatur)^ and sometifnes several^ 
Cic. de drvxn, ii. 36, 38. Suet. Cues* 81. Liv. xxv. 16. 
Serv. in Virg. iv. 50. v. 94, 

The liver was the part chiefly inspected, and supposed to 
give the roost certain presages of futurity ; hence termed 
CAPUT EXTORUM, P/i«. xi. 37. s. 73. It was divid- 
ed into two parts, called pars fahiliaris and parsmos^ 
TIL IS vel inimici' From the former they conjectured what 
was to happen to themselves ; and from the latter, what 
was to happen to an enemy. Each of these parts had what 
was called CAPUT, Liv. viii. 9- Cic. drvin^ ii. IS. Lnean. 
L 621. which seems to have been a protuberance at the en* 
trance of the blood-vessels and nerves, which the ancients 
distinguished by the name of fibres; thus, /;i imajibra^ 
Suet. Aug. 95. Eccevtdet capitifibrarum inerescere molem 
Alterius capitis^ Lucan. i. 627. En capita paribus bina cm* 
surgunt torts, Senec. CEdip. 356- Caput jecinoris duplex, 
Valer. Max- i. 6, 9. i. e. two lobes, one on each side of the 
fissure or cavity, commonly called Porta, v. -ta Cic. 
Kat. D. ii. 55* which sLiyy calls aitctom m jecittarey 
xxvii. 26. s. 28. A liver without this protubenuice, ijecur 
sme capiteX or cut off, (caput jecinoris c^sum)^ was redd- 
ed a very bad omen ; {nihil tristius), Cic. divine L 52. ii. 
13. & 16. Liv. viii. 9. or when the heart of the victim CQuld 
not be found ; for although it was known, that an animal 
could not live without the heart, Cic. divin. ii* 16. yet it 
was believed sometimes to be wanting ; as, happened to 
C?esar« a Uttk befoit his <}€atb9. whila be ww sacrKicanR on 



Sachsd Rit£s. S49 

that dt^, on which he first appeared in his golden diair and 
purple robe, ibui. u 52. Faipr. Max* i- 6, 13. whereupon 
the HiKmspex Spurinna warned him to beware oTthe ides 
of March, ibid, et Suet. JuL 81. The principal fissure or di- 
vision of the liver, (Ji^sum jecoresfamtliare et vitale\ was 
likewise particularly attended to, Cic. Nat. />• iii« 6. DL 
vin. i. 10. li. 13, 14. as also its fibres or parts, and those of 
the lungs, ibid f^Ftrg. G- i. 484. jEn. iv. 6. x. 176. 

After the Huruspiees had inspected the entrails, then the 
parts which fell to tlie gods were sprinkled with meal, win^ 
and frankincense, and burnt (adolebantur vel cremabanturj 
on the al^ar. The entrails were said, Dtis dart reddi^ et pof « 
Wrt, (quasi porrigiy vd porrcjacij^ when they were placed 
on the altars, (cum arts vel flammis imponerentur^ Virg« 
^n« vi. 352. xii. 214. or when, in sacrificing to the Dii 
Marmi^ they were thrown into the sea, ibid. v. 774. Hence> 
if any thmig unlucky fcU out to prevent a person from doing 
what he had resolved on, or the like, it was said to happen 
inter c^esa (so. exta) et porrecta^ between tlie time of kil- 
ling the victim and burning the entrails, i. e. between th^ 
time of forming the resolution and executing it, Or. Att^ 
v. 18. 

When the sacrifice was finished, the priest having washed 
his hands mid uttered certain prayers, again made a libation^ 
and then the people were dismissed in a ^t form ; IticEt, 
or ire beet. 

Afta the sacrifice followed a feast, (Epube sacrijficales)^ 
which in public sacrifices was sumptuously prepared by the 
Septemviri Epuhnes. Jn private sacrifices, the persons Who 
offered them feasted on the parts which fell to them, with 
their friends* 

On certain solemn occasions, especially at funerals, a 
distribution of raw flesh used to be made to the people, call- 
ed VzscKEATio, ZrfV. viii. 22» xxxix. 46. xli. 28. Cic. Off. 
\u 16. Sutt. C^es. 38* For viscera signifies not only the in-* 
teslines, but whatever is under the hide : particularly the 
flesh between the bones and tlie skin, Serv. in Firg, jEn* i. 
211. ui. 622. vi. 253. Suet. ViieU. 13. 

The sacrifices oflfered to the celestial gods, difiered from 
those ofierMl to the k^«mal deities in several partictilard. : 



3«0 KOMAN ANTIQUITIES; 

The victims sacrificed to the former were white, brought 
chiefly from the river Clituftinus, «/wma/* xii, 13. Firs* 
Georg. ii. 146, in the country of the Falisci, Ovid. Pant. iv. 
8, 41. their neck was bent upwards, Csurmm reflectebatwrj ^ 
the knife was applied from above^ (imponebatur)y and the 
blood was sprinkled on the altar, or caught in cups. The 
victims offered to the infernal gods were black- They were 
killed with their faces bent downwards/ (prm^) : the knife 
was applied from beloW) Uupponebatur\ and the blood was 
poured into a ditcli* 

Those who sacrificed to the celestial gods, were clothed 
in white, bathed the whole body, made libations by heaving 
the liquor out of the cup, (fundendo mftnu supma), and 
prayed with the palmsof their hands raised to heaven. Those 
who sacrificed tp the infernal gods were clodied in black : 
only sprinkled their body with water, made libaucos by 
tumbg the hand, (iNV£RG£ir0o, iia uimanu in wnstram 
partem versa patera converteretur\ and threw the cup into 
the fire. Serv> in Firg. Mm vi. 244. t^^yed with their palms 
turned downwards, and striking the ground with their feet, 
Cic. Tusc. Q. ii. 25, 

Sacrifices were of different kinds ; some were stated Gte* 
ta et^soiemnia)^ others occasional, (fartttita et eos aecidenti 
nata, as, those called expiatory ^ for averting bad omens, 
(ad portenta vel prodigia proeurarida^ expianda et avertenda 
vel averruncanda)^ making atonement for a crime, (Sacbi- 
7ICIA PiACULARiA, od Crimen ^xpia/itfum), and the like. 
• Human sacrifices were also offered among the Romans.— 
By an anci^t law of Romulus, which Dicxiysius calls, n^ 
^^•^•iti^ Lex prodztiantSi ii. 10. persons guilty of certain 
crimes, as treachery or sedition, were devoted to Pluto and 
the infernal gods, and therefore any one might slay them 
with impunity. In after times, a consul, dictator, or prator, 
might devote not only himself, but any dne of the legion, {ex 
legione Romanoj called Scripta, because perhaps the sd- 
diers not included in the legion, the Fetites^ Subitarit^ Tu- 
multucriiy &c. were excepted), and slay him as an expiatcxy 
victim, (piacuhim i. e. in piaculum^ hosHam c^dere\ LiV' 
viii. 10. In the first ages of the republic, human sacrifices 
seem to have been offered annually, Macrob. Ska* i» 7. and 



Sacked RirE$- 351 

\t was not tai the year 657 tbat a decree of the senate was 
made to prohibit it ; ne homo immolaretur^ Piin. xxx. i. <j. 
3 . Mankind, says Pliny, are under inexpressible obligations 
to the Romans for abolishing so horrid a practice, (qui sus- 
tiUere monstray in quibus hominem ocddere religiosissimum 
erat mandi vera eiiam saluberHmnm.) Ibid. We read how- 
ever of two men who were' slain as victims with the usual 
solemnities in the Campus Martins by the Pontijices and 
Plamen of Mars, as late as the time of Julius Csesar, A. 708- 
JDioy xliii' 24. Whence it is supposed that the decree.of the 
senate mentioned by Pliny, respected only private and ma- 
gical sacred rites, as those alluded to, Horat. JSpod* S. Au- 
gustus, after he had compelled L« Antonius to a surrender 
at Persia, ordered 400 senators and equites^ who had sided 
with Antony, to besacrificed as victims at the altar of Julius 
Caesar^ on the ides of Mardi, A. U. 713. Dio. xlviii. 14. 
Suetonius makes them only 300, Aug. 15. Tp this savage 
action Seneca alludes, de Clem. i. 11. In like manner, Sex. 
Pompeius threw into the sea not only horses, but also men 
alive, as victhns to Neptune, Dio^ xlviii. 48. Boys used to 
be cruelly put to death, even in the time of Cicero and Ho- 
race for magical purposes, Cic. Vat, 14. Horat* JEpod. 5. 

A place reared for oifering sacrifices was sailed Ar a or 
Altar £7 an altar : Altaria /^ab altitudineJ tantum diis 
superis consecrabantur ; ajl^ et diis superis et inferis. Serv. 
in Vkg. Eel. v. 66. iEn.ii. 515. In the phrase. Pro aris etfo- 
cis, AR A is put for the altar in the impluvium or middle of the 
house, wliere the Penates were worshipped ; and focus, for 
the tusEuth in the atrium of hall, where the Lares were wor- 
shipped, Cic. Dom. 40, 4L Dejot. 3. Sext. 42. Phil. ii. 30: 
Sallust. Cat. 52. A secret place in the temple, where none 
but priests entered, was called ady liUM, des- B. C iii. 105. . 
universally revered, Pausan. x. 32. 

Akars used to be covered with leaves and grass, called 
v.ERB^EN A, V e. hcrba sacra, Serv. Firg. Mn. xii. 120. Eel. 
viiL 65. Donat* Ter. iv. 4, 5. Horat. Od. iv- IL, 7. adorned 
with flowers, Ovjd. Trist- iii. 13, 15. Stat. Theb. », 298. 
SiL 16. 309. and boutid with woollen fillets, Prop. iv. 6, 6. 
Fir^. Mn. iv. 459. therefore called nex(e torrpies^ i. e. coro^ 
n^, Id.,G. iv.e76. 



SB2 ROMAN ANTIQUITIES- 

-Altavs and temples afforded an mybtm or place of refuge 
i^ong the Greeks and Romans^ JVffp.P^im. 4 Gie*Mxt D. 
^iii, 10- QMosc. 2. Ovid- Trisi. v. 2, 43. as among the Jews, 
1 KmgSH i. 5(X chiefly to^slaves from the cpuehy of their mas- 
ters, TererO^. Heut. v. 2, 22. Pkut Mud. iS. 4, 18. Afe*f . v. 
i 45. to insolvent debtors and criminals, Tacii- Anncd. iii- 
60. where it was reckoned impious to touch them. Car. 
Tusc.v 35. Fir?, '^n. i. 349. ii. 513, 550. and whence it 
was unlawful to drag them, Cic. Dom. 41. but sometimes 
they put fire and combustible inaterials around the place, 
that the person might appear to be forced away, not by men, 
but by a god, (Vulcan), Ploui* Most^ v. i. 65. or shut up 
the temple and unroofed it, (tectum sunt demoRti)^ that he 
might perish under the open air, JVep. Pou^ 5. p. 63. hence 
ora is put for refugium^ Ovid. Trist. iv. 5, % 

The 7Wvi«»woQnaecrated a chapel to Caesarinthej^/m, 
bn the plac^ where he was burnt ; and ordained that n6 per* 
son who fled there for sanctuary should be taken from thence 
to punishment; a thing which^ says Dio, had been granted to 
no one before, not even to any divinity ; except the as^hm of 
Romulus, which remained only in name, being so blocked 
up, that no one could oiter it, Z)fo, xlviL 19. But the shrine 
of Julius was not always esteemed inviolable; the son of 
Antony was slain by Augustus, although he fled to it, Suef. 
Aug. 17. 

There were various vessels and instruments used in sacrifi- 
ces ; as, acerra vel thur^ndum^ a censer for burning incense \ 
wnpubim vel simpuvium^ guUuniy capis, -tdis^ patera^ cups 
used in libations^ olke^ pots ; tripodes^ tripods ; secures vel 
hipenne:^^ axes ; cultri vel seeespita^ knives, &c. But these 
will be better understood by representation than description- 

The ROMAN year. 

TCiOMULUS is sa\jd to have divided the year into ten 
•**' months ; the first of which was called Jfeforrii^, March, 
from Mars his supposed father ; Ovid. Fast. iii. 75, & 98. 
the second AprWs, either from the Greek name of Vemis, 
(A^#J*ir»), Omd. Fast. i. 39. Horat- Od. iv. 1 J. or because 
Aen trees and flowers open {se aperiuntj their buds, Plu- 
torch^ in Numa^ Ovid. Fast. iv. 87. the third, Miius^ May^ 



Roman Year. 353 

ii om Afaiaj the modier of Mercury ; and the fourth, Jumus^ 
June, from the goddess /uifo, or in honour of the youn^, (;w- 
niorum); and May of the old, {majorwn); Oind. Fast. v» 
427. The rest were naimd from their number, QuintilU^ 
Seat:iziist September^ October^ November^ December^ ibid. L 
41. QwntiUs was afterwards called Juhus^ from Julius Cae- 
sar, and Sexti&s Augusttts^ from Augustus Caesar ; because 
in it he had first been made consul, and had obtained re* 
markable. victories. Suet. 31. Dto^U. 6. in particular, he had 
become master of Alexandria in <£gypt, A. U. 724, and 
fifteen years after (^lustre tertio\ on the same day, probably 
the f29th of August, had vanquished the Rhasti,' by means of 
Tiberius, Horat- Od. iv. 14, 34. Other emperors gave their 
names to particular months, but these were forgotten after 
their death, Suet. Domit. 13- Plin* Pan^ 54. 

Numa added two months, called Januarius^ from Janus: 
and Februariusj because then the people were purified C/2r- 
bruabaturj i- e. purgabatur vel lustrabatur\ by an expiatory 
sacrifice (Februaiia) from the sins of the whole year ; for 
this anciently was the last month in the year, Gc. de legg^ 
i5. 21. Ovid. Fast. ii. 49. TibuU. iii. 1, 2. 

Numa, in imitation of the Greeks, divided the year into 
twelve months, according to the course of the moon, con** 
sisting in all of 354 days ; he added one day more, Plin. 
xxxiv. 7. to make the number odd, which was thought the 
more fortunate. But as ten days, 5 hours, 49 minutes, (or 
rather 48 minutes, 57 seconds,) were wanting to make the 
lunar year ccHTCspond to the course of the sun, he appointed 
that every other year an extraordinary month, called Men' 
sis Intercalaris^ or Mercedoniusy should be inserted between 
the 23d and 24th day of February, Liv. i. 19, The interca- 
lating of this month was lefi to the discretion iarbitrio) of the 
PonUjices ; who, by inserting more or fewer days, used to 
make the current year longer or shorter, as was most con* 
venient for themselves or their friends ; for instance, that a 
magistrate might sooner or later resign his office, or con- 
tract(n*s for the rievenue might have longer or shorter time 
to collect the taxes, Cic^delegg. ii. 12. Fam. vii- 3. 12. viii. 
6. Alt, V. 9. 13. vi. 1. Sueit Cas- 40. Dio. xl- 62. Censorin. 
20- Macrob. Saf^ i 13, Inconsequence of this licence, the 

3A 



354 ROMAN ANTIQUITIES' 

months were transposed from their stated seasons ; tbe wLi- 
ter months carried back into autumn, and the autumnal 
into summer,- Cic. Att. %. 17. 

Julius CsBsar, when he became master of the state, resoh- 
ed to put an end to this disorder, by abolishing the source of 
it, the use of intercalations ; and for that purpose. A, U 
707. adjusted the year according to the course of tfie sun, 
and assigned to each month the number of days which they 
stiU contain. To make matters proceed regularly, from the 
ist of the ensuing January, he inserted in the current year, 
besides the intercalary month of 23 days, which fell into li 
of course, two extraordinary months between November and 
December, the one of thirty- three, and the other of thirty-four 
days ; so that this year, which was called the last year of 
cor^fustofiy consisted of fifteen months, or 445 days. Suet, 
Cas^ 40. Plin. xviii.25. Macrob. Saf. i.l4. Censorin. dedic 
Mat. 20. 

All this was effected by the cafe and skill of Sosigenes, a 
celebrated astronomer of Alexandria, whom C«sar had 
brought to Rome for that purpose ; and a new kalendar was 
fwmed from his arrangement, by Flavins a scribe, digested 
according to the order of the Roman festivals, and the old 
manner of computing the days by kalends, nones, and ides ; 
which was published and authorised by the dictator's edict. 

This is the famous JULIAN or solar year, which conti- 
nues in use to this day in all Christian countries, without any 
other variation, than that of the o/(/and new style; which was 
pccasioned by a regulation of Pope Gregory, A. D- 1582, 
who observing that the vernal equinox, which, at the time of 
the council of Nice, AD. 325, had been on the 21st March, 
then happened on tlie 10th, by the advice of astronomers, 
caused ten days to be entirely sunk and thrown out of the 
current year, between the 4th and 15th o( October : tind to 
make die civil year for the future to agree with the real one, 
or with the annual revolution of the earth round tlie sun ; or> 
as it was then expressed, with the annual motion of the sun 
round the ecliptic, which is completed in 365 days, 5 hours, 
49 minutes ; he ordained, that every 100th year should not 
be leap year, excepting the 400th ; so that the difference will 
liaxdly amount to^ a day m 7000 years, ot> according to a 



RoMAv Yeae* . 35$ 

inore accurate computation of the length of the year, to a 
day in 5200 years- 

This aheration of the style was immediately adopted id 
all the Roman Catholic countries ; but not in Britain tifl 
the year 1752, when eleven days were dropt between the 2d 
and 14th September, so that, that month contained only 
nineteen days ; and thenceforth the new style was adopted as 
it had been before in the other countries of Europe. The 
same year also another alteration was made in Eiigiand, that 
the legal year, which before had begun the 2Stfa March, 
should begin upon the 1st of January, which first took place 
1st January 1752, [ 

The Romans divided their months into three parts by Kiu 
lendsy Nonesy and Id^s* The first day was called K ALEN- 
Dili vel Calenda^ (a calando vel vocando\ from a priest call- 
ing out to the people that it was new moon ; the 5th day, 
NONiE, the nones ; the 13th, IDUS, the ides, from the 
obsolete verb irfi/are, to divide ; because the vdes divided 
the month* The nones were so called, because counting in- 
clusively, they were nine days from tlie ides. 

In March, May, July, and October, the nones fell on thp 
7th, and the ides on the 15th. The first day of the interca- 
lary month was called Calends Intercalares, Cwr. 
Quint. 25, of the former of those inserted by Casar, Kal. 
iNXERCALAREs PRioREs, Cic. Fum- vi. 14. — Litra sep-^ 
iimas Calendas^ in 7 months, MartiaL i* 100. 6. Sextic ka* 
lende, L e. Kalends sexti mensis^ the first day of June, Ovid:, 
Fast. vi. 181. 

C^ar was led to this method of regulating the year by 
observing the manner of computing time among the Egyp- 
tians ; who divided the year into 12 months, each consisting 
of 3P days, and added 5 intercalary days at the end of the 
3^ear, and every fourth year 6 days, Herodot. ii. 4* These 
supernumerary 4^ys Cassar disposed of among those months 
which now consist of 31 days, and also the two days which 
he todk fi;om February ; having adjusted the year so exact- 
ly to th^ course of the sun, says Dioj that the insertion of 
one intercalary day in 1461 years would make up the differ- 
ence, Dia, xliii. 26- which, however, was found to be left 
days less than the truth. Another difference between the 



SS8 ROMAN ANTIQUITIES. 

iEgjT)tian and Julian year was, that the former began with 
September, and the latter with January. 

The ancient Romans did not divide their time into weeks, 
as we do in imitation of the Jews. The country people «Lme 
to Rome every ninth day, (see p 91.) whence these days 
were called NuNDiNiE, quasi Nov£NDiNiE, having seven 
intermediate days for working, Macrob. i. 16. but diere 
seems to have been no word to denote this q^ace of titne. 
The time indeed between the promulgation and passing of a 
law was called, Tr I NUM NUNDiNUM,orTRiN0NDiinJM, 
Lro* iii. 35* Cic. Dom. 16, 16. PhU. v. 3. Fam. xvi, 12. But 
this might include from 17 to 30 diays, according to the thne 
when tlie table containing the business to be detefmined, 
(tabula promulgatwnisy) wa$ hung up, and the Comitia were 
held* The classics never put nundinum by itself for a space 
of time. Uader the latq; emperors, indeed, it was used to de- 
note the time that the consuls remained in office, winch then 
probably was two months, Lamprid. in Alex. Sever. 28. & 
43- so that there were 12 consuls each year ; hence nundi- 
num is also put for the two consuls themselves, {collegium 
consulum), Vopiso Tac- 9. 

The custom of dividing time into weeks, ihebdomadesy v- 
cfo, vel septimanit\ was introduced under the emperors, Dio, 
who flourished under Severus, says, it first took place a lit- 
tle before his time, being derived from the Egyptians ; iind 
universally prevailed, xxxvii- 18- The days oi the week 
were named from the planets, as they still are ; Dies Sohs^ 
Sunday ; iw««, Monday ; Martis^ Tuesday ; Mert^trii^ 
Wednesday; JJww, Thursday, ^<?«m;p, Friday; Satumit 
Saturday; ibid. 

\ The Romans, in marking the days of the month, counted 
backwards. Thus they called the last day of December 
Pridie ICalendas, sc: ante^ or Pridie Kalendarum Jnnuofit^ 
inarked shcurtly, Prid- Kal* Jan. the day before that, or the 
30th December, TerHo KaL Jan- so. (ft> ante^ or antet (bem 
feritum KaL Jan. and so through the whc4e year : Thus, 



RovAK Ybak. 



35' 



A TABLE of the Kalends, Nones, and Ides. 




Apr. June, 


Jan. Aiigust, 


March, May, 




C «5 

3 O 








Febniaty. 


1 


Sept. Nov. 


December. 


July, Oct. 




Kalendse. 


Kalendae. 


Kalendae. 


Kalendae. 


2 


IV; 


IV. 


VI, 


IV. 


3 


IIL 


III. 


V. 


IIL 


4 


Prid- Non. 


Prid. Non. 


IV. 


Prid. Non. 


5 


Nonae- 


Nonae. 


III. 


Nonas, 


6 


VIII. 


VIII. 


Prid. Non. 


VIII. 


7 


VII 


VII. 


Nonae. 


VIL 


» 


VI. 


VI. 


VIII. 


VL 


9 


V. 


V. 


VII. 


V. 


10 


IV 


IV. 


Vh 


IV. 


IL 


III. 


III. 


V. 


IIL 


12 


Prid. Id. 


Prid. id. 


IV. 


Prid. Id. 


13 


Mus. 


Idus. 


IIL 


Idus. 


141 


>ivm. 


XIX. 


Prid. id. 


XVL 


15 


XV 11. 


XVIII. 


Idus. 


XV. 


i Ifi 


XVI. 


XVII. 


•XVIL 


XIV. 


1 17 


XV. 


XVI, 


XVL 


XIIL 


18 


XIV. 


XV. 


XV. 


XIL 


19 


XUI. 


XIV. 


XIV. 


XL. 


20 


XII. 


XIII. 


XIIL 


X. 


21 


XI. 


XII. 


XIL. 


I IX. 


22 


X. 


XI. 


XL 


VIIL 


23 


IX. 


X. 


X. 


VIL 


24 


VUI. 


IX. 


IX. 


VL 


25 


VII. 


VIII. 


VIIL 


V. 


26 


VI. 


vu. 


VIL 


IV. 


27 


V. 


VI. 


VI. 


IIL 


36 'IV. 


' V. ■ 


V. 


Prid. Kal. 


29,111. 


IV. 


IV. 


Martii. 


90 Prid. Kal 


III. 


III. 




31 Mens.seq. 


Prid. Kal. 


Prid. Kal. 






Mens. seq. 


Mens. seq. 





Inkap year, that is, when February has twenty-nii 
days, which happens every fourth year, both the 24th ai 
25th day of that month were marked, sexto Kalendas Ma 
tit or Manias i and hence this year is called Bissext 



T.IS. 



558 ROMAN ANTIQUITIES. 

The names of all the months are used as substantives or 
adjectives, except Aprilis^ which is used only as a substan- 
tive. 

The Greeks had no kalends in their way of reckoning ; 
but called the first day of the month »«/m*»i«, or new moon ; 
heuce ad Gracas KtUendas solvere^ for nunquaniy Suet Aug. 
87. 

The day among tlic Romans was either ctvU or natural 

The civil day (DIES CIViLlS) was, from mid-night 
to mid-night- The parts of which were, 1. Media nox; 2. 
Media noctis inclination vel de media nocte ; 3. Galhcinium^ 
cock-crow, or cock-crowing, the time when the cocks be. 
gin to crow ; 4, Conticinium^ when they give over crowing ; 
5. Diluculum, the dawn ; 6. Mane^ the morning ;' 7. Ante* 
mertdianum tempus^ the forenoon; 8. Meridies^ noon or 
mid-day ; 9. Tempus pomeridianumy vel meridiei inclination 
afternoon; 10. Solis occasus^ sun-set; IL Vespera^ the 
evening ; 12. Crepusculum^ the twilight, (dubium iempusj 
noctis an diet sit : Idea dubia res creperae dict^f Varr. L. L. 
vi. 4.) 13. Prima fax^ when candles were lighted, called al- 
so pnm« tenebra^ Liv. Prima lumina^ Horat-»— 14. Canmi- 
Sianox, vel roww&wiw bed-time ; Liv. xxv. 9. — 15. /n^ 
tempesta nox^ or sUentium noctis^ far on in the night; 16. 
Inclinatio ad mediani noctem^ Censorin de die nat. c. 24. 

The natural day (DIES NATURALIS) was from the 
rising to the setting of the sun* It was divided into twelve 
hours, which were of a diffirent length at different seasons : 
hence hora hiierna for brevissima^ Plaut. Pseud, v. 2- 11. 

The night was divided into four watches^ (vigiHa prima, 
sectmday&.o.) each consisting of three hours, which were 
likewise of a different length at differenj^ times of the year : 
Thus, hora sexta noctis^ midnight ; Septima^ one o'clock 
in the morning ; Octava^ two, &c. PKn. Ep. iii- 4. 

Before the use of dials {horologia solaria vel sciaterica) - 
was known at Rome, there was no dividon of the day into 
hours ; nor does that word cfccur in tlie Twelve Tables. 
They only mention sun-rising and sun-setting ^4^^^ and 
after mid-day^ Censorin. 23. According to Pliny, mid-day 
was not added till some years after, vii. 60. an aeeensus of 
the consuls being appointed to call out that time, {accenso 



Roman Festivals. 359 

^onsulum id pronunciante)^ when he saw the sun from the 
senate-house, between tlie Rostra and the place called Gr^e- 
cosTAsis, Plin. ibid, where ambassadors from Greece and 
other foreign countries used to stand, Fair, L. L. iv. 32. 
Cic. ad Q. Fr, ii. 1. 

Anaximander or Anaximenes of Miletus, is said to have 
invented dials at Lacedaemon in the time of Cyrus the 
Great, Plin. ii. 76. The first dial is said to have been set up 
at Rome by L. Papirius Cursor, A. U. 447. and the next 
near the Rostra by M- Valerius Messala the Consul, who 
broujjht it from Catana in Sicily, in the first Punic war. A, 
U. 481. Plin. vii. 60- Gell. ex Plant, iii. 3. Hence, adsola-^ 

riitm versari^ for injbroy Cic- Quint- 18. Scipio Nasica 

first measured time by water, or by a clepsydra^ which 
served by night as well as by day, A. U. 595. i^icf.XSee p., 
265.) The use of clocks and watches was unknown to the 
Romans- 

DIVISION or DAYS and ROMAN 
FESTIVALS. 

DAYS among the Romans were either dedicated to reli. 
gious purposes, (DIES FESTI), or assigned to ordi- 
nary business, (dies PROFESTL) There were some part- 
ly the one, and partly the other, indies INTERCISI, i. e. 
exparteyj?^^«, et ex parte profesti) , half holidays. 

On the Z)2>^/(?^/i sacrifices were performed, feasts and 
games were celebrated, or there was at least a cessation from 
business. ' The days on Which there was a cessation from 
business were called FERINE, holidays, Cic. legg. ii. 8- 
Divin. i. 45. and were either public or private. 

Public /(?n> or festivals were either stated, (STATiE), 
or annually fixed on a certain day by the magistrates, or 
Priests, (CONCEPTIViE) or occasionally appointed 'by 
order of the consul, the yr^tor, or Pontif ex Maximus^ 

(iM^ERATlV^y. ^ 

The stated festivals were chiefly the following : 

1. In /ainwflry, AGON ALIA, in honour of Janus, on die 

9th, (v- Id.) Ovid. Fast' i. ^I8y &c. and also on the" 20th 

May: CARMENTALIA, in honour oTCarmenta, ditf 

mother of Efander, on. the 11th fill. Id. Ovia:ibrd.WX, 



360 , llOMAN ANTIQUITIES. 

but this was an half holiday > {intercisus) ; for after inid-cla> 
it was dies prof estus^ a common work-day* On the 13th (/rfi- 
bu$) a wether (vervex vel ovis semimas^ aris) was sacrificed 
to Jupiter, Ovid. Fast, i- 588. On this day the name of 
AuGUsVirs was conferred on C«sar Octavianus, ibid. 590- 
On the first day of this mondi, people used to wish one ano- 
ther health and prosperity, {oTnmafaustaJ Plin* 28^ 2. s. 5 
and to send presents to their' friends. (See p. 610 Most of 
the Magistrates entered on their office, and artists thought 
it lucky to begin any work tliey had to perform, {opera aus- 
picabantur)^ Senec. Ep- 83. Ovid, et Martial passim. 

2i In February, FAUN ALIA, to the god Faunus, on the 
13th ildibus); LUPERC ALIA, to Lycaen Pan, on the 15th, 
<xv» JCal Mart.); QUIRINALIA, to Romulus, on the 
17th; FERALIA, f quod turn epulas ad septdehra'anrico- 
rum ferebant, vel pectides feriebant, Festus\ to the Dii Ma- 
neSf on the 21st, (Ovid says the 17th) and sometimes conti- 
nued for several days ; after which friends and relations kept 
a feast of peace and love icharistia) for settling differences 
and quarrels among one another, if any such existed, Fakr- 
Max^ il 1, 8. Ovid' Fast- ii- 631. TERMINALIA, to TVr- 
minus; REGIFUGIUM vel re^^w /w^a, in commetnora- 
tion of the flight of king Tarquin, on the 24th ; EQUIRIA, 
horse-races in the Campus Martius, in honour of Mars, on 
the 27th. 

3. In March, MATRON ALIA, celebrated by the ma- 
trons for various reasons, but chieily in memory of the war 
terminated between the Romans and Sabines, Ovid- Fast-^- 
170. on die first day ; when presents used to be given by 
husbands to their wives, Plant. Mil. iii- 1. 97- TibuL iii- 1. 
Suet. Fesp. 19- Festum. ANCILIORUM, on the same day 
and the three following, when the shields of Mars were car- 
ried through the city by the SaHi^ who used then to be enter- 
iained with sumptuous feasts ; whence Saliares dapes vel 
cosna^itx lauta opipar^^opulenUj Horat. Od. i- 37, 2. LI- 
BERALIA, to Bacchus, on the 18th, (xv. Kal Apr.) when 
young men used to put on the To^a virilism or nfianly gown ; 
QUINQUATRUS, -wwm vel Quinguatria, Ovid. ¥jist. iii. 
810. Cell- ii. 21. in honour of Minerva, on the 19th, at first * 
oidy for one dayi but afterwards for five ; whence they got 



llovAy Festivals^; Sdl 

ttsdr name. At this time boys brought presents to their ma^ 
teni, cailed Mtnervalia* On the last day of this fe^ival, and 
al:>u on the 23d May, the trumpets used in saCred rites were 
purified itustrabuntur) by sacrificing a lamb ; hem;e it was 
cailed TuBiLU^TRiuM, vel -ia, Ovid Fast- iii- 829- v* 725« 
HILARXA^iii iionuur ot the mother oi the gods, on the 25th* 

4. In April, M£GAL£1S1A 6r Megaienses, to the great 
mother of the gods, on the 4th or 5ch ; C£REALIA, or 
Zudi Cereales.io Ceres, on the 9th ; FORDICIDI A, on the 
15ch, when pregnant cows were sacrificedj (ford» baves^ i. e. 
gravida^ qua in ventre ferunt), Ovid- Fast- iv. 5, 6i29. PA- 
LILIA vel Partita, to PaleSj the 21st- (Seep. 1) oil this day 
Caesar appointed Circension games to be annually celebrattd 
ever after, because the news of his last victory over Labie* 
nus and the sons of Pompey at Munda in Spain had reach- 
ed Rome the evening before this festival, Dio, xliii. 42. RO*. 
BIGALL\, to Robtgusy that he would preserve the com 
from mildew, {a ruhigine), on the 25th ; FLORALIA, to 
Flora or Chlmis, Cut omnia bene deflorescerent, shed their 
blossoms, Plin. xvtii« 29.) begun on the 28th, and continu- 
ed to the end of the month, attended withgreat indecency, 
Lactant' i. 20, 10. Scholiast, in Juvenal, vi. 249. which is 
said to have been once checked by the presence of Cato, Se* 
nee* Ef). 97. Martial, i. 3. & prefValer. Max. \\. 10. 8. 

5. In May, on the kalends were performed the sacred rites 
of the Bona Dea by the Vestal Virgins, and by women only, 
fcum omne masculum expeUahaturJ, JuvenaL vi. 339. va 
tlie house of tlie consuls and praetors, . for the safety of the 
pet^le, Dio^ xxxvii. 35, & 45. On this day also an alt^ 
was erected fconstitutajy and a sacrifice offered to the La* 
res Called Pr^stites, fquod omnia tuta pr^stant), Ovid. 
Fast, v. 133. on the 2d, COMPITALIA, to the Lares 'm 
the public ways, at which time boys are said anciently to 
have been sacrificed to Mania the Mother of the Lares ; but 
this cruel custom was abolished by Junius Brutus, Macrob* 
Sat^ I. 7- on the 9th, LEMURI A, to the Lemuresy hobgob- 
lins or spectres in the dark, which were believed to be the 
souls of their deceased friends, ('manes paternij. Sacred 
rites were performed to them for three nights, hot succes« 
avely, but alternately for six days» Ovid. Fast. v. 429. on 

3 B 



862 nOMAN ANTIQUITIES* 

the 13tht or the ides, the images of thirty men made of rush- 
es, {simufacra scirpea vitorumJ^ called Argfi^ ^vere dirown 
from the Sublician bridge by the Vestal Virgins, att^idcd 
by the magistrates and priests, in place of &at number of 
old men, which used anciently to be thrown from the same 
bridge into the Tiber, Fesfusin Depontani, Far. de JLat. 
ling. vii. '3. Ovid* Fast. v. 621, &c. on the same day was 
Ae festival of merchants, (festu/n mcrcatorum)^ whoi they 
offered up prayers and sacred rites to Mergury ; on the*23d, 
VULCANALIA, to Vulcan, called TubUustria^ because 
then the sacred trumpets were purified, fWrf. 725. . 

6. In June, on the kalends were the festivals of the god- 
dess Carna, {.qua vitdibus humonis pr^erat)^ of Marc 
Extramuraneus^ whose temple was without the Porta Co- 
pencj and of Juno Moneta; oil the 4th, of Belloita ; on" 
the 7th, Zittdi PiscatorU; the 9th, Vestalia, to Vesta ; 
lOth, Matralia, to mother Matutay &c. With the fes- 
tivals of June, the six books of Ovid, called Fastis end ; 
the other six are lost, 
' 7* In July, on the kalends, people removed Ccofnnngra^ 
bant (from hired lodgings, Cic. ad QFratr* ii. 3« Fam. xm* 
fi. Suet. Ttb. ^5. the fourth, the festival of J^4?i»a/i?JRj^^ 
in memory of Cpriolanus withdrawing his army from' the 
city, Liv* ii. 40* on the 5th, Ludi Appollinaees, Uv^ 
XXV. 12« xxvii. 23* the 12th, the birth-day of Julius Cssar ; 
the 15th cm: ides, the procession of the Equitesj (sec p. 30.) 
the 16di, DIES ALLIENSIS, on which the Romans were 
defeated by the Gauls^ ^dies ater etfunesUisJ^ Cic Att. ix« 
5. Suet* Vit. S. the 23d, Neptunalia. 

8. In August, on the 13th or ides, the festival of Diana ; 
19th, ViN ALIA, when a libation of new wine was miEuie to 
Jupiter and Venus, P/m- xviii. 29. 18th, Consi/ajlia, 
games in honour of Census the god of counsel, or of Eques- 
trian Neptune^ at which the Sabine women were caorkd off 
by thus Romans, Liv. u 9. the 23d, VulcanalIa, PUn^ 
£p^ fii- 5« - 

9* In September, on the 4th, (Prid* Mn.) Ludi Mac ni 
orRoMAKi, m honour of the j^rai^gods, Jupiter, Juno, sind 
Minerva, for the safety of the city ; on the 13th, the consul 
ix diftator (Pritor Maxmus) used anciently to fix a nailift 



Roman Festivai.^, « 36^ 

the tempk of Jupiter, lio. vii- 3. the 30th, Meditrina* 
jLi A, to Medttrinay the goddess of curing or heaUng, imeden^ 
di)y when ttiey first drank iiew wine- 

10* InOctobcr^on the 12th, Aolcustalia, vel Ludi 
Augustalest Tacit Annal. i. IS- the 13th, Faunalia; the 
15th, <x ides, a horse was sacrificed, called Equus OctobrU^ 
V- .&T, because Troy was supposed to have been taken in - 
this month by means of a hocx^ The taiT was brought with 
great speed to the Regia or house of the Pmtifex M* that 
its blood might drc^ on the hearth, Festus. 

11. in November* on the 13th, there was a sacred feast 
called JSpuhm Jovis ; on the 27th, sacred rites were per- 
formed on account of two Greeks and two Gauls, a man and 
woman of each, who were buried alive in the ox-markeL 
JjW. x^ii, 57. Plutarch, qu^st- 83. &* in Marcelto i Pliij. 
xxviii- 2. s. 3. 

12. In December, on the 5th or nones, FAUNALI A, 
Horat. Od' iiL 18. on the 17th, (xvi- KaL Jan.) SATURr 
NALIA, the feasts of Saturn, the most celebrated of the 
whole year, when all orders were devoted to mirth and feast* 
ing» friends sent presents to one another, SueUAug^ 75. Fesp. 
19. Stat. Siiv* vi. 9- ^d masters treated their slaves upon 
an equal footing, Herat. Sat. ii. 7- at first for one day, Ztw. 
]}. il. xxii. 1. afterwards for three, and by the order of Ca- 
ligula, for five days, Dio^ lix- 6. Suet, Claud. 17. Macrob^ 
Sat. 1. 10* So Claudius, Dio^ Ix. 25* Two days were added^ 
called SiGiLLARiA, (asigillts) from small images, which 
then used to be sent as present8,especially by parents to their 
children, Macrob. ibid, on the 23d- LAUHEifxiNALrA, iii 
honour of Laurentia Acca, the wife of Faustulus, and nurse 

* of Romulus, Varr. L. i. v. 3. 

The FERIiE CONCEPTIViE, which were annually 
appointed iconcipiebantur vel indicebontur) by the magis. 
trates on a certain day, were, 

1. FERIiE LATINiE, the Latm holidays, (sec p. 73.) 
first'appointed by Tarquin for one day, Xw- i- SS. After the 
expulsion of the kings they were continued for two, then for 
three, apd at last for four days, Lio. vi. 42. The consuls 
always celebrated the tiatin/m-e before they set out to Iheir 
iroyiz^ces : and if they had not been rightly performed^, qjr 



364 ROMAN ANTIQUITIES. 

if any thing liad been omitted, it was necessary that Aey 
should be again repeated, (imtaurarty) Liv. passim. 

2. PAGAN ALIA, celebrated in the villages (mpagis) 
to the tutelary gods of the rustic tribes- See p. 85, 

3. SEMENTIVjE, in seed-time for a good crop, Farr. 
ibid- 

4. COM PIT ALIA, to the Lares j in places where seve- 
ral vvays met, (in compttfs). 

FERIiE IMPERATI ViE, were holidays appointed oc- 
casionally ; as, when it was said to have rained stones, &- 
crum NovENDiALE vt]/ifri^ per novem dies^ for nine days, 
Jav, i. 31. for expiating other prodigies, Lw. iii- 5. xxxv. 
40. xHi 2. onaccountof a victorj-, &c, to which may be 
added JusTiTiiric, (sAimjura stdnt), a cessation from bu- 
sines^ on account of some public calamity, as, a dangerous 
war, the death of an emperor, &c. Liv: iii- 3, 27. iv. 26, 31. 
vi. 2, 7. vii. 6, 28. ix. 7. x. 4, 21. Tacit. Annai. ii- 82. 
SuppLic ATio et Lectisterniitm, &c. See p. 344. 

Ferie were privately observed by tamilies and individuals 
on account of birth-days, prodigies, &c. The birth-day of 
the emperors was celebrated with sacrifices and various 
igames, as that of Augustus the 23d September, Dio.Xii. 8, 
26, 34. The games then celebrated were called Augusta- 
xxK.Dio^ \y\. 29. as well as those on the 12th October, (iv. 
Id Octok) in commemoration of his return to Rome, Dio^ 
liv. 10. Ivi. 46. which Dio says continued to be observed in 
his time, under Severiis, liv. 34. 

DIES PROFESTI, were either Fasti or M/asti, &c. 
(See p. 359JVWm*, quasi Mhvendin^^ (see p. 91. market- 
days which happened «very ninth day ; wiien they fell on 
the first day of the year, it was reckoned unlucky, ZHo- xl* 
47- Macrob. Sat. v 13- luid therefore. Augustus, who was 
very superstitious. Suet Aug* 92- used to insert a day in the 
foregoing year to prevent it, which day was taken away from 
the subsequent year, that the time might agree with the ar- 
rangement of Juliurf Casar, Dio. ^Wiu- 33. Praliares, 
fighting days, and non pneliares ; as, the days after the ka. 
lends, no^e5, and ides ; for they believed there was some* 
thing unlucky in the word /^wj/, after, and therefore th^ 
lyere called i)w nligjum^ atri v4 in/imHs Ovid. Fmi% h 



Rohan Games^ 865 

58. as those days were, on which any remarkable disaster 
had happened ; as, Dies jiOiensisy &c- Liv. vi 1- The ides 
of March, or the 15th, was called Parricidium ; because 
on that day, Caesar, who had been called Pater PAXRiiE, 
wiis slain in the senate-house, Suet. C^s* 85- & 88. Con- 
clnvey in quo c^susfuerat^ obstructum et in latrinam cotwer*' 
tf2/z7i, Dio. xivii- 19 

As mo^t of the year was taken up with sacrifices and holy 
days, to the great loss of ttie public, Claudius abridged their 
nuoibery Iho* lie- 17- 

ROMAN GAMES. 

GA.MES among the ancient Romans constituted a part 
of religious worship- They were of different kinds, at 
different periods of the republic. At first they were always 
consecrated to some goid ; and were cither stated, (Ludi 
STATU, the (ihief of which have been already enumerated 
among the Roman festivals, or vowed by generals in war, 
(VOTIVI), or celebrated on e:&traordinary occasions, (EX«- 
TR.^ORDINARII). 

At tlie end of every 1 10 years, games were celebrated for 
the safety of the empire, for three days and three nights, to 
Apollo and Diana, calltd Ludi S.ECULARES. \Seep. 
189.) But they were not regularly pertormedat those periods- 

The most famous games were those celebrated in die Cif" 
cus Maximus ; hence called Ludi Circenses ; of which the 
chief were Ludt JRomani vel Magniy Uv. i. 35. 

I. LUDI CIRCENSES. 

THE Circus Maximus was first built by Xarquinius Pris- 
cus, and afterwards at different times magnificently 
adorned. It lay betwixt the Palatine jfnd Aventine hills, and 
was of an oblong rir^w/ar form, whence i: had its name. The 
length of it was three stadia or furlongs and a half, i, e. 437i 
paces, or 2187t feet ; the breadth little more than one sta^ 
diuniy with rows of seats all round, called Fori or spectacula- 
(i. e. sedilia undespectarentj, rising one above another, the 
lo^vest of stones and the highest of wood, where separate 
places were allotted to each Curia^ and also to the Senators 
and t> the Equites: hw these last under the republic sat 
proBUSCuously withtbe rest of the people. (See« p. 8.) It is 



sea ROMAN ANTIQUITIES. 

said to have cantained at least 150,000 persons, I^kmsfs. iiL 
68. or»aceording to others, above double that nurabes.; ac- 
cordios to Pliny, 250,000, PUn* xxxvL 15* s. 24. Some 
modems say 380,000. Its circumference was a mile* It 
vras surrounded witl| a ditch or canal, called Eurifiu^^ tea 
feet broadf and ten feet deep ; and with porticos three stories; 
high 0««i r^iffy«0 both the work (tf Julius C«sar. la^diffe- 
ftnt parts thfsre were premier places for the people to go ia 
and out without disturbance* On one end there* were, aeve* 
ral openings, (ostiaX from which the horses and jcbariots 
surted, iemitiebatUurX called C ARC£)IES yel Re^igula^ 
and sometimes Career^ iquodequos coercebat, n^ exirent, 
priusguam magistratus signum miiteriiy Vairo L. L» iv. 32.) 
first built A. U. 425« Liv. viii 20. beff«e the earc^rest 
stood two small statues of Mercury, (Hermuliy^ holding a 
thain or rope to keep in the hcxies, Caniodar. Far. Mp* iir. 
51. in place of which there seems sometimes to hare been a 
white line, falha lineaj^ or a cross furrow fiOed with chalk 
or lime, iMd. at which the horses were made to stand in a 
straight row (Jrontibus aquabantur\ by persons called mo. 
B A TORES, mentioned iusome ancient inscriptions. But this 
^ line, called also Ca£T A or Calx, seems to have been drawn 
chiefly to mark the end of ^ course, or limit of victory, 
^victari* nHam\ Plin* xxxv. 17. s. 58* Isidor, xvtiL 37; 
to which Horace beautifully alludes, Mars ultima Unw re- 
rum est^E^p. \. 16* fin. 

On this end of theCircus, wiiich was in the form of a se- 
^micircle, were three balconies or open galleries, cxie in the 
middle, and'one m each comer ; called M^iaita, frcA^ 
one M^nius, who, when he sold his house adjoining to the 
Fc»*um,ito Cato and Flaccus the censors, reserved to him. 
self the right of cxne pillar, where he might build a projection, 
whence he and his posterity might view the shews of gladia- 
tors, which were dien exhibited in the Forum, Ascolu in 
Cic. Suet. Cai. 18. • 

In the middle of the Circus^ f(^ almost the whole tength 
of it,* there was a brick wall, ^>out twelve feet brqad» and 
four feet high,* called Spina, SchoUast- in Juvenal* vi. 587. 
Cassiad. Ep* iiL 51, at both the extremities' of which there 
ipere three c(^mns or pyrasuda qncme base> catted H£^- 



TJ^S^tf goab, round which the facMes and chariols turned^ 
(Jlecie6ani)j 90 that they always had the spina and meta oa 
their left hand, Ovid. Am* vi. 65. Luean. viii. 200. cotidaiy 
to the maimer of niiming among us. Whence aearceriAui 
ad mctam vd eakem^ from beginning to end, Cic- Am. 27* 

In the middle of the spina^ Augustus erectsd an obelisk 
132 feet higb^ brought from i£gypl; andatasmalldistandQ 
another 88 feet high* Near the first MetUy whence the horses 
set dSi there, were seven other pillars, either of an ova/fonn, 
or having oval spheres on their top, called OVA, Varr* de 
re Bust. L 3. 11. which were raised or rather taken down, 
Itotiebantur^ ibid.) to denote how many rounds the chario* 
teers hid completed, one for each round ; for they usually 
ran seven times round the course. Above eadi of these a- 
va was engraved the figure of a dolphin. These ySSbtPi 
were called FALiE or vkalm. Some thhik there were 
twodifibrent kinds of pillars, one with the figure of an ovum 
on the t<^, which were erected at the Meia prima ; and an^ 
other with the figure of a dolphin, which stood at the Meta 
ultima* Juvenal joins them together, Canrntii ante /alas 
delphinorumqux coUimnasy vii 589. They are said to have 
been first constructed, A. U. 721, by Agrippa, IHo. xlix* 
43. but cfva ad metas carriculis numerandisj are mentioned 
by Livy long before, A. 57-7. xli. 27* as they are near 600 
years after by Cassiodorus, iii* Fat. Ep. 51. The ^gure of 
ap egg was chosen in honour of Castor and Pollux, ODios* 
curi^ i. e. Javr natty Cic. Nat. D. iii. 21. agantan pra^des) i 
and of a ddphin in honour of Neptune, Tertuttian. Spec* 
tac. 8. also as bein^ the swiftest of animals, Plin. ix. 8. 

Before the games began, the images of the gods were led 
along in procession on carriages and in frames, {in thensis 
ef/ercu&s). Suet. Jul. 76- OvidAmor^ iii. 2, 44. or on men's 
shoulders, with a great train of attendants, part on horseback^' 
and part on foot. Next followed tlie combatants^ dancers^, 
musicians, &c When the procession was over, the con- 
suls and priests performed sacred rites, Dionys. vii« 72» 

The shswfiispectacula) exhibited in the CireusMaaii* 
mus were chiefiy the following : 

1. CSwriot and hotsenwes, ojF which the Romans were esu 

travagsA^y fand* 



368 ROMAN ANTIQUITIES. 

The charioteers iagttatores vd auhg€) vrcre cfistributed 
inta fgor parties CgregesJ or factions, from their diflvmit 
dress or livery ; /actio alba vd albata^ the white ; russatOj 
the red; venetay the sky-coloured or sea- coloured ; and pra^ 
wta^ the green faction ; to which Domitian added two, call. 
ed the golden and purple, if actio aurata et purpurea) , Suet. 
Domit. 7- The spectators favoured one or the other colour, 
as humour or caprice inclined them* It was not the swiftness 
of the horses, nor .the art of the men, that attracted them; 
but merely the dress; (Nuncfaoent pannojpannum amant)^ 
Plin- Ep. ix- 6. In the time of Justinian, no less than 30,000 
nien are said to have lost their lives at Constantmc4>Ie in a 
tumult raised by contention among the partizans of these 
several colours, Frocop* Bdl- Pers* h 

The order in which the chariots or horses stood was de- 
termined by lot ; and the person who presided at the games 
gave the signal for starting by dropping a napkin or cloth, 
nappa vel panno misso. Then the chain of the Htrmuli 
being withdrawn, they sprung forward, and whoever first 
Tan seven times round the course was victor, Frppert. lu 
25. 26* This was called one match, iunus MISSUS -f/«), 
for the matter was almost always determined at one heat ; 
and usually there were twepty-five of these in one day, so 
that when there were four factions, and one of these starred 
at each time, 100 chariots, ran in one day, Serv. in Firg* G- 
iii. 18- {centum guadrajugU^ sometimes many mwe ; but 
then the horses commonly went only five times round the 
course. Suet. Claude 21- JVer. 22- Domit- 4* 

The victor being proclaimed by the voice of a herald, 
was crowned. Suet* Calig- 32, Virg- jEn. iii. 245: and re- 
ceived a prize in money of considerable value. Martial, x. 
50* 74. Juvenal, vii. 113. 

Palms were first given to the victors at games, after the 
manner of the Greeks : and those who had received.crowns 
tar their bravery in wnr, first wore them at the games, A . U. 
459, Lith X' 47. The palm tree was chosen for ♦his purpose, 
because it rises against a weight placed on it, (adversu^ pon- 
dusresurgitj et sursum nititur,) GelL iii* 6 Plin. x^ i- 42 s. 
81. 12» hence put for any token or prize of victory, Horat. 
Qd* 1 1. 5- Juvenal' xi- 181* or for victory itself, Firg^ G- 



ItoidTAK Games. ^6i 

lii. Ovid' Thst' iv- 8- 19- Palma lemniscata^ a palm crown 
ivitii hbiinds, ilemnisci) hanging down from it, Cic- Hose* 
jim. 35* Festus* Huic consilio palmam do, I value myself 
chiefly on account of this contrivance, Ter- Heaut iv. 3« 31, 

£• Contests of agility and strength, of which there were 
five kinds ; running, {curms) ; leaphig, (saltusJ ; boxing^ 
fpugilatusj ; wrestling, fhieta) ; and throwing the dhcm or 
quoit, ((&s€ijaetm) ; hence called Ptntathlum^ vel -on, 
rXaft'/itf QuiNquEHTiuM, FestusO or Cerfamen AtfUeti'^ 
cum vel Gymntcum^ because they contended naked, (y»^«0> 
with nothing on but trowscrs or drawers, {subRgaribus tan- 
tumvelati), whence GYMNASIUM, a place of exercise, 
or a school. This covering^ which went from the waist down- 
w »rds, and supplied the place of a tunic, was called Cam* 
1>ES TRE, Harat. Mp* i. 11. 18. («-t^i<'A»/*«, Pausan. i. 44.) be- 
cause it was used in the exercises of the Campus Martius^ 
and those who-used it, Catnpestrati^ Augustin. de Civ. Dei, 
3civ. 17. So anciently at the Olympic games, Thucydid, i. 6^, 

The Athleta were anointed with a glutinous ointment 
called CeHomA, Martial, vil. 31. 9- iv. 4. & 19. xi. 48: 
Jtcvenat. vi. 245. whence /iyw/cii palestra, Lucan. ix. 661. 
Uncta PAL£sTRA, Ovid. lEp. xix. 11. and wore a coarse 
shaggy garment called Endromis, -te/e>. Martial, iv. 19, 
used of finer stuff by women, Juvenal, ibid* also by those 
who played at that kind of the hand ball {pila\ called Tin« 
CON or Harpastum^ Martial, ibid. 

Boxers covered their hands with a kind of gloves, (^ckiroji 
thec^Jy which had leador iron sewed into them, to make the 
strokes fall with the greater weight, called Gifistus vel eestust 
Virg. Miv V. 379. 400. 

The combatants {Athletceywtte previously trained in a 
place of exercise, (in palestra vel gymnasioj, Plant. Bacch. 
iii. 3. 14. and restricted to a particular diet, Iforat de Art. 
Poet, 413. 1 Corinth. ix.2.S. Inwintcrtheywereexercisedina 
covered place ailled XYSTUS, vel -i/m, surrounded whh a 
row of pillars, Peristylium, Fitruv. v. 2. But Xystum 
generaBy signifies a walk under the open air, (ambulatio Hy*. 
pathra vel subdiaiisy IM with sand or gravel, and planted 
with trees, joined to a Gymnasium^ Cic. Att. i* 8. Acad, ivj 
S. Sutt. Avgi 73, PUn. Ep. ii, 7. ix. 3€. 

SC 



370 ROMAN ANTIQUITIES. 

. The ptf sons thus exercised were calted JPdtt$tritf^ car 
'Xystici; arid he whoexercised them, ^xercitator,jP/w». 
Xxiii. 7. S' 63* Magist^ vi^ Doctor Palestricus, tiymna- 
siarchusy vel -a, Xystarchus^ vel -es* From the attention of 
Antony to gymnastic exercises at Alexandria^ he was csM^ 
ed Ggmnasiafcha by Augustus, Dio, L 5. 27. 

Palestra ^as properly a school fcM* wrestlfa)g, (a ^••a^, 
Iuctatio},h\itispxxt for any place of exercise, <»'theexen:tse it- 
self ; hence pal^stmm diseere^ to le^am the exercise ; Cic, 
prat, ill- 22. These gymnastic games, igymnki agones^ 
were very hurtful to morals, Plin. iv. 22, 

The Athletic games among the Greeks were called ISE- 
LASTIC,(from tmAMw^invehor^) because the victors, ^te- 
ronic^y Suet. Ner. 24, 25 >drawn by white horses, and wear- 
ing crowns on their heads : of olive, if victors at the Olym- 
pic games^ Firg. G. iii. 18. of laurel at the Pythian; pars^ 
ley at the Nemean ; and of pine at the Isthmian^ were con- 
ducted with great pomp into their respective cities, which 
they entered through a breach in the walls made for that pur- 
pose J intimating, as Plutarch observes^ that a city which 
produced such brave citizqris, had little occasion for the de- 
fence of wails, Plin. Epx. 119. They received for life an 
annual stipend, {opsonioy) from the publicyf&ic/. & f^ttruv. ix. 
Prof. 

3- LtJDirs Troj^, a mock fight, performed by youngno- 
blemen on horseback, revived by Julius Csesar, Dio, xliii. 
23. Suet. 19. and frequently celebrated by the succeeding 
Enjperbrs, Suet. Aug. 43. Tib. 6- C(U. 18. Claud. 21. AV- 
7. Dw, xlviii. 20. li. 22. &c. described by Viigil, jUm. v. 
56L &c, 

4. What was caHed Venatio, w the fighting of ndld 
beasts with one another, or with men called Besiiarii, who 
were either forced to this by way of punishment, as the pri- 
mitive Christians often were ; or fought vdantari^v either 
^m a natural ferocity of disposition, or induced by hire^ 
{auctoramentoy) Cic- Tusc- Qu«st. ii* 17- Fam. vii. !• Off. 
ii- 16. Vat. 17. An incredible number of animals of various 
kinds were brought, frbm all quarters, for the entert^meqt 
of the people, and at an immense expense, Cic. Fam* viiL 2, 
4, %. They were k^t b €ncl<»ui^ ^pi vxvAMAjti4 



Roman Games. 371 

theday ofexhibition. Pompey, in his second consulship^ 
exhibit^ at once 500 lions, who were all dispatched in 5 
days ; also 18 elei^ants, DiOf xxxix. 38. Phn. viii. 7. 

5. The representation of a horse and foot battle, and also 
of an encampment or a siege, Suet. Jul. 39. Chud. 21. Dom^ 

6- The representation of a sea light, (Naumachxa), 
which was at first made in tlie Circus Maximus^ but after*, 
wards oftener elsewhere. Augustus dug a lake near the Tiber 
for that purpose, Suet. Aug. 43- Tiber* 72. and Domitian 
built a naval theatre, which was called Naumachia Domttia^ 
ni. Suet. Dom. 5. Those who fought were called Mm^ 
machiariL They were usually composed of captives, or 
corfdenmed malefactors, who fought to death, unless saved 
by the clemency of the emperor, Z)m>, Ix. 33. Suet* ClauiL 
21. Tacit. Annal. xii. 56. 

If any thing unlucky happened at the games, they were 
renewed, (insiaurabantur), Dio, Ivi. 27» often more than 
once, Id. Ix. 6. 

11. SHEWS OF GLADIATORS* 

THE shew%[9pectactila) of gladiators were properly called 
Munerat and the person that exhibited iedebaO them^ 
Munerarius^ vcl -atar^ Editor et Dominusy Cic- Att. ii. 19. 
who, although in a private station, enjoyed, during tlie days 
oftheexhibidon, the ensigns of magistracy, Ctc. legg. ii. 24 
-They seem to have taken their rise from the custom of 
slaughtering captives ql the tombs of those slain in battle to 
appease their manes^ V irg. ^n. x* 518. 

Gladiators were first publicly exhibited {daii sunt) at Rome 
by two brothers called Bruti at the funeral of their fath^-. A* 
U. 490. Liv. Eptt xvi. Valer. Max. ii..4. 7- and for some 
timethey vitxt exhibited only on such occasions ; biit after- 
wards dso by the magistrates, to entertain the people, chiefly 
at the Saturnalia and feasts of Minerva. Incredible numbers 
of men were destroyed in this manner. After the triumph of 
Trajan over the Dacians, spectacles were exhibited for 123 
days, inMrhich 11,000 atumals of diflfrrent kinds were killed ; 
and 10,000 gladiators fought, i>'o, :clviii. 14. wlience we 
may judge of other inistahrces* The emperor Claudius, aU 



572 ROMAN ANTIQUITIES. 

though naturaUy of a gentle disposition, is said to have been 
rendered otiel by often attending these spectacles^ Dio. Ix.. 
14. . 

Gladiators were kept and maintained in schools {in ludis) 
by persons called LANISTiE, who purchased and trained 
them. The whole number under one Lanuta was calkd 
Fabcili A, SueuJuI.26.jlug. 42. They were plentifully fttl 
on strung food; hence Sagina gladiatorial Tacit* Hist* ii. 88, 

A Lanisiaj when he instructed young gladiators, itironet) 
delivered to them his lessons and rules fdictuta et legesj in 
vnriting, SueU JuL 26. Juvenal, xi. 8 and then he was said 
commeniari, Cic. de Orat. iii, 23. when he gave over hi$em. 
ployment, a gladiis recesmsCj Cic, Rose- Am. 40. 

The gladiators when they were exercised, fenced ynth 
wooden swords, frudibus batuebant; whence batualia^ a bat., 
tie), Cic. ibid Suet. Calig- 32. 54. When a person was con- 
futed by w^ak arguments, or easily convicted, he was said, 
Plumbeo gUuhojugulariy Cic. Att. i- 16. Jugulo hunc suo si- 
bi gladiOi I foil him with his own weapons, I silence him with 
his own argtiments, Terrent- Adelph. v. 8, 34. O plumbeum 
pugimem J O feeble or inconclusive reasoning ! Cic. Fm. 
iv. 18- 

Gladiators were at first composed of captives and slaves, 
or of condemned malefectors.. Of these some were said to be 
ad gladium damnatiy who were to be dispatched within a 
year- This, however, was prohibited by Augustus, (gladia^ 
tores sine missione edi prokibuit), Suet. Aug. 45- and others, 
ad ludum damnati^ who might be liberated after a certain 
time. But afterwards also free-bom citizens, induced by 
hire or by inclination, fought on the arena^ some even of no* 
ble birth, Juvenal, ii* 43, viil 191, &c* Liv. xxviii- 2, SueU 
Ner* 12« and what is still more wonderful, women of quali- 
ty, Tacti. JnnaL xv- 32. Suet. Domtt. 4. Juvenaf^ vi.'254, 
&c* and dwarfs, (mm), Stat Sylv. I. vi. 57« 

Freemen who became gladiators for hire were said jc«e 
auctorati^ Horat Sat- ii* 7. S. and their hire, auctciramentum^ 
Suet. Tib* 7. or gladiatoriumy Liv. xliv. 3L and an oath was 
adminiatered to them, Pet. Arbiter^ 117. 

Gladiators were distinguished by their armour and num- 
ber of fighting* Some were called S£cuT0ii£^, whose OTns 



Roman Gah£sJ 373 

were an Tielmet, a shield, and a sword, or a leaden bullet, 
{massa plumbed)^ Isidon xviii* S5* With them were usual* 
ly matched (commitiebantur vel componebarttur) the R£TI- 
ARII. A combatant of this kind was dressed in a short tu- 
nic, but wore nothing on his head, Suet Cahg. 30. Claud. 
34 Juvenal, viii. 205. He bwe in his left hand a three-- 
pointed lance called Tridens or FuscinUy and in his right a 
net, <r£te), with which he attempted to entangle {irretirey 
his adversary, by casting it over his head, imd suddenly^ 
drawing it together, and then with his trident he usually slew 
him. But if he missed his aim, by either throwing die net 
too ^lort, or too far, he instantly betook himself to flighty . 
and endeavoured to prepare his net for a second cast; while 
his antagonist as swiftly pursued, (whence the name Secu-^ 
ior), to prevent his design by dispatching him- 

Some gladiators were called Mirmillones, (a /M^Aoi^t 
piscisJ, because they carried the image of a fish on their hel- 
met; hence SiRetiaritiSt when engaged with one of them, 
said, ** I do not aim at you, I throw at your fish,*' (Now 

TE P^TO, PISCEM PETO : QuiD ME EUGIS, GaLLE?)* 

Festus. The MtrmtUo was armed like a Gaul, with a truck- 
ler fparma vel peltaJ and a hooked sword or cutlass, fsica 
vel harpe^ i, e, gladio incurvo etfalcato)^ and was usually^ 
matched with a Thracian, (Threx vel Thr ax, i. e. TTire-^ 
etdicis artnis omatus\ Cic. Phil. vii. 6- Liv. xli. 20* Horat. 
Sat. ii» 6. 44. Suet. CaL 32. Juvenal viii. 201* Auson. in . 
MonosylL 102. Quis Myrmitloni eomponifur ^quimanus ? 
Threx. 

Certain gladiators from their armour were called Samni* 
TEs, Liv. ix. 40. CiC' Sext. 64- and also Ilop/omae/u^ Suet. 
Calig- 35' Some Dimaehi^riy because they fought with tw« 
swords; and others Laquearii, because they used a noose 
to entangle their adversiiries, Isidor- xviii. 56. 

Thepe was a kind of gladiators who fought from chariots, 
{ex essedis)y after the manner of the Britons or Gauls, called 
EssEDARii, Cic. Fam. vii. 6. Suet. Cal^ 35. C^cs^deB. G. 
V. 524. and also from horseback, ivith, what was curious, 
their eyes shut, {clausis oculisX who were called Abtoaba- 
TiE, Cic. Fam. vii. 10. Hence jindabatarum nwrepugnare^ . 
to fight in the dark or blindfold, Hiprmym* 



m ROMAN ANTIQUrtlES. 

Gladiators who were substituted (supponeBantur) in place 
ctf those who were conquered or fatigu^, were called Sup. 
posiTiTii, orSuBDrtiTii, MattiiL v- 25» 8. Those who 
were asked by the people, from the Emperor, on accotint of 
their dexterity and skill in fighting, were call^ Postula. 
TiTii : Such were maihtaiiied at the Emperor^s private 
charge^ and hence called Fiscales or Cx^aatianu Those 
wlio were produced and fought in the ordinary manner^ were 
€a)kd Ordinarii, Suet. Aug. 44. Domit. 4. 

When a number fought together, (gregatim^ temere ac 
Mnearte)^ and not in pairs, they were called CaterVarxi, 
Suet* Aug. 45* CaL 30. Those produced at mid-day, who 
Were generally untrained, Meridian I, Senec.Epist.7. Su- 
et. Claud. 34. 

The person who was to exhibit gladiators (EDitoR)some 
tiifie before announced the shew, <munus edicebat^ Sencc* 
Ep. 1 17» ostendehaty pronunctabat^ proponebat^ &fc. Cic, 
Fam. ii. 8. i^. 8. Suet. Jul. 26- Tit 8) by an advertisement 
or bill pasted up in public, {per kbeUum publice affi3cum\ 
ifi which he mentioned the number and names of the most 
distinguished gladiators. Sometimes' these things seem to 
have been represented in a picture, Bbrat- S^t* ii. ?• 95. 
Flin. ::xxv. 7, s. 33. 

Gladiators were exhibited sometimes at the funeral pile, 
often in the Forum, which was then adorned with statues and 
pictures, Cic. Ferr. i. 22. but^usually in an Amphithitatre, 
so called, because it was seated all around, like two thea- 
tres joined, Plin. xxxvi. 14. 16, &c* 

AMPHITHEATRES were atfirst tempdraxy, and made 
of wood. The first durable one of stone was built by Stati- 
lius Tauru.s at the desire of Augustus, Suet. Aug. 29. which 
seems likewise to have been partly of Wood* The largest am- 
phitheatre was that begiin by Vespasian qnd completed by 
Titus, nowcalled CoLiSiEUBir.from the colossus or largesta- 
tue of Nero which stood near it. It was of an oyalform, and 
is'said to have contained 87,000 spectators. Itstoins sfill re- 
main* The place where the gladiators 'fought was called 
Arena, because it lyas covered with sand or saw*dust, to 
prevent the gladiators from didihg, and to absoifc the blood ; 
and the persons who fought, ArenarH. But arind U also 



QoMAK Games. ^ 37^ 

put for the whole amphitheatre, or the shew» Juvenal, iii. S4« 
also for the seat of war ; Prima cwilis arena Italia fuU^YloCm 
iiL 2Q, 21. iv, 2. thus Lucan, vi 63. or for one's peculiar 
province, F/in. Ep. vi- 12 So Ca vba, for a theatre or am? 
phitheatre, Suet.Aug.A^, Claud. 21- Cic.Amic^24. Plautp 
jifnph. prol' 65. Cansessus eave^^ the spectators, f^irg. Mn- 
V. 340. But CAVE A properly signifies ^ place where wild 
beasts were confined, SueU CaL 27, Horat- Art P. 473, 
MartiaL ix. 90- P/m- xxxvi, 5. 

The part next the arena was called Pooium, where the 
senators sit, and the ambassadors of foreign nations ; aod 
where also was the place of the emperor, (Sugcestus, vel 
-urn,} elevated like a pulpit or tribunal, Suet. Jul. 76- Plin. 
Paneg* 51. and covered with a canopy like a pavilion, (C«r- 
BicuLtTM vel papiBa^ Suet. Ner. 12.) likewiiseoftheperson 
who exhibited the games, {Editoris Tribunal^ and of the 
Vestal Virgins, Suet. Aug- 44. 

The Podium projected over the wall which surrounded 
the arenay and was raised between twelve and fifteen feet a- 
bove it J secured with a breast- work parapet (Iqrica) against 
the irruption of wild beasts. As a further defence, the arena 
was surrounded with an iron rail^ (ferreis clatkris\ and a ca^ 
nal, (euripo\ Plin. viii- 7. 

The Eqmtes sat in fourteen rows behind the senators* 
The seats igraclus vel sedilia) of both were covered with 
cushions, Cpulytllis)^ Juvenal, iii. 152. first used in the time 
of Caligula, I)to. lix. 7. The restof the people sat behind on 
the bare stone, and their seats were called Popularia, 
Suet' Claud 25 Dom-^. The entrance to these seats were 
called Vomitoria; the passages ^via) by which they as- 
cended to the scats were called ScaU or Scalaria ; and the 
seats between two passages, were from their form, called 
CunetiSi a wedge, Juvenal- vi. 6 !• Suef. Aug* 44. For, Kkc 
the section of a circle, thb space gradually widened fh>m 
the arena to the top. Hence Cuneis innotuit res omnibus^ to 
sdi the spectators, Phadr* v- 7, 35. 

Sometimes a particular place was publicly granted to cer. 
tain persons by way of honour, Cic. Pfdl- ix- 7- and the. 
Editor seems to have been allowed to assign ia more honour* 



576 ROMAN AKTIQUITIES- 

There were certain persons called Desicnatores of 
Dissignatores^ masters of ceremonies, who assigned to eve- 
ry one his proper place, Plaut PanuL prolong- 19. CV 
Att' IV. 3. as undertakers did at funerals, HoraL JEpist i 7, 
6. and when they removed any pnc from his place, they 
were said, eum excitare vel suscitare^ Martial- iii- 95* v. 14. 
vi- 9' The Designatores are thought by some to have been 
the same with what were called Loc arii, {quia sedes vd 
spectacula iocdbani' But these, according to others^ pro- 
perly were poor people, who cam^ early and took possession 
of'a seat, which they afterwards parted with to some rich 
person who came late, for hire, Martial v. 25. 

Ancienjly women were not allowed to see the gladiators, 
•without the permission of those in whose power they were, 
Valer- Max. yl 3, 12- But afterwards this restriction was 
removed. Augustus assigned tliem a particular place in the 
l^ighest seats of the amphitheatre. Suet. Aug. 44. Quid. A- 
mor. ii. 7, 3, 

Tlicre were in the amphitheatres secret tubes, firom which 
the spectators were besprinkled with perfumes, fcrocq (R- 
hito aut aiiisfragrantibus liquoribm^ Martial, v- 26. & dc 
spect- 3- issuing from certain figures, (sic na,) Lucm* ix. 
808- and in rain or excessive heat there were coverings ivela 
vel velaria to draw over them, Juvenal- iv. 1 22. For which 
purpose there were holes in the top of the outer wall, in 
which poles were fixed to support them* But when the 
wind did not permit these coverings to be spread, they used 
broad-brimmed hats or caps (raw^^p vel pf/«) and umbrel- 
las, JDto- lix- 7. Martial, xiv. 27, 28- 

By secret springs, certain wooden machines called Peg - 
MAT A, vel .m<^, were raised to a great height, to appearance 
spontaneously^ and elevated or depressed, dimiftished or 
enlarged at pleasure. Martial Spect iL 16- viii. 33- Senec* 
£pist. 88* Suet. Claud. 34. Gladiators were sometimes set 
on them, hence called Pegmaresy Suet- Cal 26- and boy's, 
^et pueros inde ad velaria raptos\ Ja venal, iv. 122* Bat peS- 
fi^ta is put by Cicero for the shelves ipro hculisi in which 
books were'kept, Att iv. 8. 

Nigh to the amphitheatre was a place called Sp^iu J^ 
vUf to which those who were killed or mortally wounded 



)[loMAN Games. 5i7 

were dragged by a hook^ iunco trakebaniur)^ Plin, Paneg* 
36. Sencc- Epist. 93. Lamprki- in Commod* fin. 

Oil the day of the exhibition the gladiators were led alongf 
the arena in procession. Then they were matched by 
pairs, iparia inter se componebantur^ vet comparabantur)^ 
Horat Sat. I. vii. 20. and their swords examined {expbra^ 
{bantwr by theexhibiter of the games, Suet. Tit. 9. 

The gladiators, as a prelude to the battle, ipntludentes vel 
proludentesJ^ at first fought widi wooden swords or the like^ 
flourishing' fventilantesJ their arms with great dexterity, 
Cic.de Orat. ii- 78- Senec- Ep- 117. Ovid-Art. Am. iii. 
515, 589- Then upon a signal given with a trumpet, (sona- 
bantferoK clangor e tuba^ Quinctilian. v. 14.) they laid aside 
these, (arma lusoriaj rudes vel gladios hebetes ponebant^ v. 
0bjieiebant\9XidL assumed their proper arms, {arma pugnato-^ 
ria, vel decretaria, i. e. gladios acutos sumebantJ^ ibid. ; 
& Suet. Col 54. They adjusted ^themselves (se ad pug* 
namcomponebanty Gell. vii. 3) with great care, and stood 
in a particular posture, <m statu yd gradu stabant\ Plaut* 
Mil. IV. 9. 12. Hence moveri, dejici^ vel deturbari de statu 
mentis depeUi^ dejici^ vel demov&ri gradu, 8cc. Cic- Off. U 
23* Att. xvi. 15. Step. Themist. 5- Liv* vL 32. Then they 
pushed at one another ^^p^ftfionf) and repeated the thrust, 
{repetebanD fSuet. CaL 58« They not only pushed with 
the point, ipuncttm)y but also struck with the edge, {caHm% 
It was more easy to parry or avoid (ccroere^ propulsarcy ^op-. 
ire^ effugere^ excedere^ eludere\ direct thrusts, Cictus.adver-*. 
sas^ et rectos ac simpKces manus)^ than back or side strokes^ 
{manus vel petiticnes adversas tectQsque)^ Quinctilian. v« 
13. ix. 1. Firg.ix. 439. Cic. Cat. 16. They therefore? 
took particular care to defend their side, ilatus tegere) ; 
henpe latere tecto abscedere^ to get off safe, Ter. Heaut. iv* 
2. 5. Per alterius lotus peti, Cic Vat. 5. Latus apertum 
vel nudum dare^ to expose one's self to danger, Dbull. i. 4, 
46: Some gladiators had the faculty of not winking. Two 
such belonging to the emperor Claudius were on that account 
invincible, Pfin. xi. 37. s. 54. Senec. de Ir. \v 4. 

When any gladiator was wounded, the people exclaimed,t 
Habet, so. vulnusj vel hoc habet^ he has got it. The gla* 
Viator lowered Xmbmittebat) his arras as a sign of his being 



S78 ttOMAN ANTIQUITIES. 

Vanquished ; but his fate depended on the pleasure of tlie 
people, who, if they wished him to be saved, pressed dovvn 
their thumbs, ipolRcem premebant\ HoraU Ep. i* 18. 66. if 
to be slain, they turned up their thumbs, (/Ja/firemvei^e&wO, 
Juvenal" iii. 36 (hence laudare utroque poiHc^^ i. e. wide, 
Horat Ep. i- 18,' 66. Plin. 28, 2. s 5) and ordered him to 
receive tlie sword Sfevrum recipere)^ which gladiators usual- 
ly submitted to with ami^zing fortitude, Cic. Sext. 37, Tm> 
ii, 17. Mil' 34. Senec. Ep. 7, & 177- de Tranquil. Jnmi, 
c. 11. Const. Sap. 16. Sometimes a gladiator was rescued 
by the entrance of the emperoTj Ovidi de Pant. ii. 8, 53. or 
by the will of the Editor. 

The rewards given to the victors were a pakn, Martial, de 
Spect 32' Hence pturimarum palmarum gladiator, who had 
frequently conquered ; Cic. Rose. Am. 6. Alias stsaspabm 
eognoscety i. e. c^des^ ibid. 30. Palma lemniscata^ a palm 
crown, with ribands Uemnisci) of different colours hanging 
from it, ibid. 35* Festus. Sexta palma vrbana etiam in Gfc- 
diatore difficiUs^ Cic. Phil xi- 5.— *money. Suet. Claude 21. 
Juvenal, vii* ult and a rod or wooden sword, fruih\ as a 
sign of thdr being discharged from fighting ; which was 
granted by the Editor^ at the desire of the people, to an old 
gladiator, or even to a tiovice for some uncommon act of 
courage. Those who received it ^rude donatij were called 
RuDi AR II, and fixed then- arms in the temple of Hercules, 
Horat. Ep* i. \. Ovid. Trist- iv. 8, 24. But they sometimes 
were afterwards induced by a great hire, {ingente auctora- 
mento) agam to engage, Suet. Tib. 7- Those who were dis- 
missed on account of age or weakness, wesre said delusisse, 
Plin. xxxvi. 27. 

The spectators expressed the same eagerness by betting 
fsponsionibusj on the different gladiators,.ds in the Citeust 
$uet. Tit. 8. Domit, 10. Martial, ix. 68. 

Till the year 693, the people used to remain all day at an 
exhibition of gladiators without intennission till it wasfini^-* 
cd ; but then for the first time they were dismissed to take 
dinner, Dio, xxxvii. 46. which custom was afterwards ob- 
served at all the spectacles exhibited by the emperors, ibid- 
et Suet. Horace calls intermissions given to gladiators in 
^time of fightiijg, or a delay of the combat, Di ifDi^i 
^ ^£p^iul9,47.fcSchoUast«inloc«. 



DtAMATiC E>NT£RTAIKir£KTS. 379 

Shews of gladiators, fcruentaspectaculaj were ix-ohibi* 
ted by Constantine, Cod. xl. 43. but not entirely suppressecl 
till the \xmtoiHoiion\x&yPrudenU contra Symmach. ii. 11, 

III. DRAMATIC ENTERTAINMENTS. 

DRAMATIC entertainments, or stage-plays Cludt scenic 
cij^ were first introduced at Rome, on account of a 
pestilence, to appease the divine uTiith, A. U. 391. Liv. vii. 
2. Before that time there had only been the games of the 
Circus. They were called LUDI SCENICI, because they 
were first acted in a shade, (ffx««, umbrd)^ formed by the 
branches and leaves f>f trees, Ovid, de Art AmJu 105. Serv. 
in Firg. Mn. i. 164- or in a tent, («*•»», tahernacubini) ; 
hence afterwards the front of the theatre, where tin* actors 
stood, was called Scex a, and the actors, SCENICI, Suet. 
Tib. 34. Cic. Plane- 11. Ferr. iii. 79. or, Scenic i Arti- 
fices, Suet. Gffs.SA- 

Stage-piays were borrowed from Etruria ; whence play^ 
ers CludtonesJy were called Histriones, from a Tuscan 
word faster,^ i. e. ludio ; for players also were sent for from 
that country, iJv. vii. 2- 

These Tuscans did nothing at first but dance to a flute, («/ 
iibicinis modosJ^ without any verse or corresponding action. 
They did not speak, because the Romans did not under- 
stand their language, ibid. 

The Roman youth began to imitate them at solemn festi<^ 
vals, especially at harvest home, throwing out raillery against 
pne another in unpolished verse, with gt-stutcs adapted to 
thesense. These verses were called Versus Fescennini^ 
from Fescenniay or -m/n, a city of Etruria, Horat. JEptst. IL 
i-145. 

Afterwaitls by frequent use, thfe entertainment was im- 
proved, is^pius usurpandore^ excitata est)^ and a new kind 
pf dramatic composition was contrived, called SATYRiE» 
or SATURiE, Sattresy because they were filled with various 
matter, and written in various kinds of verse, m allusion to 
what was called Lanx Satura, a platter or charger filled 
with various kinds of fruits, which they yearly ofiered to the 
{;odsattheir&stivals,asthe Primiti^ or first gatherings qf 



/ 



'N 



380 ROMAN ANTIQUITIES. 

the season. Some derive the name from the petulance of 
the Satyrs. 

These satires were set to music, and repeated with suita* 
ble gestures, accompanied witli the fluie and dancing. 
They had every thing diat ivas agreeable in the Fescennine 
verses, wiAout Aeir obscenity. They contained much ri- 
dicule and smart repartee ; whence those poems, afterwards 
written to expose vice, got the name of satires ; as, the w- 
tires of Horace, of Juvenal, and Persius. 

It was LIVIUS ANDRONICUS, the fi^ed-man of M. 
Livius Salinator, and the preceptor of his sons, who, giving 
up satires, (absaturis, u e. sdturis reiictisX first ventored to 
write a regular play, {argumtnto fabulam sererdJ A. U. 
512, some say, 514; the year before Ennius was bom, Cic. 
Brut- IB. above 160 years after the death of Sophocfi^ and 
Euripides, and about fifty^wo years afterihat of Mcnandcr, 
Gd/- xvii. 21. 

He was the actor of his own compositions, as all then 
were. Being obliged by the audience frequently to repeat 
the same part, andjdius becoming hoarse, {quwn vaemoi- 
iudisset)^ he asked permission to employ a boy to sing to 
the flute, whilst he acted what was sung {canttcum agebap, 
which he did with the greater animation, as he was not hin- 
dered by using his voice. Hence actors used alwjfys to have 
a person at hand to sing to them, and the coUoquial part(dii- 
verbtq) only was left them to repeat, Liv. vii. 2- It appears 
there was commonly a song at the end of every act, Plc^' 
Pseud: li uit. 

Plays were afterwards greatly improved at Rome froia 
the model of the Greeks, by Nitvius, EwKitrs, PtAir- 
TtTs, CiEciLius, Ter^ench, Ai^RANrus, PACtTVlirS, 
Accius, &c. 

After playing was gradually converted into an art, (&ms 
tnartem paulatim verterat\ the Roman youth, leaving re- 
gular plays to be acted by professed play€iifr» reserved to 
themselves the acting (^ludicrous pieces or farces interlard- 
ed with much ribaldry and buffoonery, called EXODIA, 
Jtwenali iii. 175. vi. 71. Suet^ Ttb, 45. Domit^ 10* because 
they were usually introduced after the play, when the pw- 
^9nd muj^cians had. left the stage, to remove the pBiflw 



* BrAHCATIC ENTKKTAINMlNts' 381 

i%ii|)ressioiis of tragic scenes. Scholiast in Juvenal, iii. 175. 
or, FABELLiE AxELiAK^E, Zw. vii, 2, or, LuDi Osci, 
Oic. Fam. vii. 1* Lud jorum Oscum, Tacit. Annal iv. 14- 
from Atetla^ a to\Vn of the Osci in Campania, where they 
ivere first invented and very much used. 

The actCNTs of these faeces {Attellani vel AtteUanarum ac* 
tore^X retained the rights of citizens (jion tribu moii sunt)^ 
and might serve in the army ; which was not the case with 
common actcM^, who were not respeclsd among the Romans 
as among the Greeks, but were held infamous, U/pian* 1, 2. 
§. 5, D. de kis gut not in^m. — JVep. Pr^/at, Suet- Ttb, 35* 

Dramatic entertainments, in their improved state, were 
chiefly of dvee kinds. Comedy y Tragedy y and Pantomimes. 
• I. Comedy (COMCEDI A, ^wa^ jmi'^^ *^* the song of the 
village,) was a representation of common lifi?, (quotidians 
vit^^peculumjy Mgitten in a famiHar style, and usually with 
a liappy issue. The design of it was to expose Vice and fol- 
ly to ridicule. 

Comedy, among the Greeks, was dividedinto old, middle^ 
and new. In the ficj^t, real ch^acters and names were repte-^ 
sented ; in the second, real chara^ers, but fictitious names & 
and in the third, both fictitious characters and namts. Eti* 
potts. Cratinusj and Aristophanes excelled in the old come- 
dy, 2ind Menander in the new, Horat. Sat. i- 4. EpisP ii. 1, 
57. QtnnctUian. x. 1. Nothing was ever knoivn at Rome 
but the new comedy. 

The Roman comic wrifers, Nasvius, Afranius, Plautus, 
Cseciliu!», and Terence, copied from the Greek, chiefly from 
MENANDER, who is esteemed the*best writer of come, 
dies that ever existed, Quinctiltan. x* 1' but only a few frag, 
mcnts of his works now remain. We may, however, judge 
of his excellence from Terence, his principal imitator. 

Comedies, among the Romsuis, were distinguished by the 
character and dress of the persons introduced on the stage. 
Thus comedies were called Toga t^e, in which the charac- 
ters and dress were Roman, from tlie Roman toga, Juvenal- 
!• 3. HoraL Art- Poet. 288* so carmen togatum^^ poem about 
Roman afiairs, 'iS'to^ iS^A;. ii. 7, 53. PRiCTEXTATia, vel 
Pr^eoctay when magistraltes and persons of dignity were 
^troduced i bitl some tdke these £6r tragedies,, ibid. Tk a^ 



s«4 ROMAN ANnQurrmsw 

HEATifi) when generals and officers were introduced. Suet 
Gramm. 21. TAB£&i/AHiiE, when the characters wrre of 
low rank, Horat. Art. Poet. 225. Palliate ^hen the 
characters wereGrecian,frompa/£fi]9i, the robe of the Greeks. 
Motor liE, when there were a great many striking incidents, 
much action, and passionate espredaions. Statasi^ 
when there was not much bustle or stir, and little or nothii^ 
to agitate the passions ; and Mi!x t^, when some pwts were 
gentle and quiet, and others the ccoiVmy^Tereni.&auLproL 
36 Donat. in TerenU Cic- Brut 116. The re{»'esieatsttioQS 
of the Attellam were called Comcedia Attellan^^ 

The actors of Comedy wore a iow-heeied shoe, called 
Soccus. 

Those who wrote a play, were said docere ytl/aeere/O'. 
hulam ; if it was approved, it was said stare^ stare recto Uh 
&, pUtcert^ &c, if not, cadere, eocigij exsitnlariy &c. 

11. TRAGEDY is the representation ctf some one sen- 
cus and important action, in which illustrious persons are 
introduced, as, heroes, kings, &c. written in jfn elevated 
sQrIe, and generally with an unhappy issue. The great end of 
tragedy was to excite the passions, chiefly pity and hoiror : 
to inspire the love of virtue and an abhorrence of vice, Cie^ 
de Orat i. 51. It had its name, according to Horace^ fiom 
T^y«f» a goat, and ^^> a song ; because a goat was the prize 
of the person who produced the best poem, or was the 
best actor, de Art. Poet. 220. to which Virgil alludes, EcL 
liL 22. according to others, because such a poem was acted 
at the festival of Bacchus after vintage, to whom agoatwa 
then sacrificed, as being the destroyer of the vines ; and there- 
fore it was called, t-^fety ^^f«, the goat^s song. iPrim ludi thea^ 
trales ex Liberalxbus nati sw^j from the feasts of Bacchus, 
Serv. odFirg. O. ii. 381.) 

THESPIS, a native of Attica, is said to have beai the in- 
ventor of tragedy^ about 536 years before Christ, He went 
about with his actors from village to viUage in a cart, on 
which a temporary stage was erected, where they played and 
sung, having their faces besmeared with the lees of wine, 
{perunctifacUms oraj Horat. de Art. Poet. 275. whence, 
according to some,the name of Tragedy, (from t^v{, -«y««, new 
vuienot refined^ or the lees of wide, aQd^'«$> a sioiser ; h^oce^ 



Dramatic CKTBRTAiirMENTs. 3S$ 

r^vyi^hi, a singer thus besmeared, who threw out scoffs and 
raillerj'^ against people.) 

Thespis was contemporary with 8plon, who was a great 
oiemy to his dramatic representations, Plutarch, in Solone. 

ThwKspis was succeeded by ^schyius, who erected a per- 
manent stage, fmodkis ifistravii pulpiia tignisJ^ and was the 
inventor of the mask, (persona), of the long flowing robe, 
Cpatla stohi vel syrma), and of the high-heeied shoe orbus^ 
kin, CcaihurnusJ, which tragedians wore: whence these 
worck aj» put for a tragic style, or for tragedy itself, Firg. 
Eel. vnu 10. Juvenal- y'vA. 229. xv. 30. Martial vL 20. iv, 
49. V. 5. viii. 3- Horat. On* ti. 1. 12* as soccus is put for a 
eomedy or familiar style. Id. Epist. ii. 174. Art. Poet. 80. 
90, Xw comoedia in cothumosassurgit^ nee contra tragctdia 
soeco tngreflitury Quinctilian, x. 2, 22. 

As the ancients did not wear breeches, the players alwa]^ 
wore tinder the tunic a girdle or covering, (Subligaculuk 
vel SuBLiGAR, verScundii causa\ Cic. Off. i. 35. Juvenal, 
vi. fiO. Martial, iii. 87. 

After iSschylus, followed Sophocles and Eitexpidss, 
who brought tragedy to the higliest perfection. In their 
tinne comedy began first to be considered as a distinct com- 
position from tragedy. But at Rome comedy was long eulti« 
vated, before any attempt was made to compose tragedies. 
Nor have we any Roman tragedies extant, except a few, 
which bear the name of Seneca. Nothing remains of the 
Works of Ennius, Pacuvius, Accius, Sec. but a few frag- 
Bients. 

Every regular play, at least among the Romans, was di- 
vided into five tacts, Horat Art. Poet. 189. the subdivision 
into scenes is thought to be a modem invention. 

Between the acts of a tragedy were introduced a number 
of singers caUed the CHORUS, Horat^ de Art- Poet. 193. 
who indeed appear to have been always present on the stage% 
The chief of them, who spoke for the rest, was called, Cho-- 
ragus or Coryphms* But Ch o u a c ua is usual^ put for the 
perscMi who furnished the dresses, and took care of all the 
apparatus of the stage. Plant. Pers. i. 3, 79. Trinumm. iv. 
2, 16. Suet. Aug. 70. and choragium for the apparatus itsdf;. 
dnarumentum scenammy Fest^^ Plaut. Capt-prol. 61. PBsk 



984 ROMAN ANTIQUITIES- : 

X^xvi. IS* ehor^i^ia for ckoragi^ Vitruv. v, 9* hence f<d$i 
choragium glori^^ something that one may boast of, C^. (d 
Htretm. iv. 50. 

. The Charm was introduced in the ancient comedy, as we 
see from Aristophanes ; But when its »cessive licence w^s 
suppressed by law, the Chorus likewise was silenced, Horat' 
Art* Poet. 283. A Choragm appears.and maizes a-speech, 
Plant. Cure* iv. 1. 

. The music chiefly uj^ was that of the fluteywhiah at first 
was small and simple, and of few holes, -Siro^- Art. Pod* 
202. but afterwards it was bound with brass, had more notes 
and a louder sound* 

Some flutes were double, and of various forms.. Those 
most frequently mmtioned, are the Ti6i^ dtdotra^mh 
tra pares and impares^ which have occasioned so much dis. 
putatiop among critics, and still appear not to be sufficiently 
ascertained^ The most probable opinion i$, th^t the double 
flttte consisted of two tubes, which wefe so joined together 
as to have but one mouth, and so were both blown utonce. 
That which, the musician pl^ed on with his rigfac hand, was 
t^^SkAHbiadextray the right-handt d flute ; with his left, tiUna 
mistrUi the Jeft^hsinded 6ute. The f<mner had but k^ 
h<^e&, and sounded a deep serious base : the other had 
morc holes, and a sharper and more lively twe. Wbeo 
two right or two left-handed flutes were joined together, they 
wa-e called tU>ia pares. (kxtre^ or tilnse pares smisira. The 
flutes of different scMts were called ^iAi<e impitres, or tibia dex- 
tre et simstra. The right-handed flutes were the same with 
wh^ were called the Lydian flutes* iTWe LySeJ^ and the 
left-handed with the Tyrian flutes, ( Tibie Tyfi^ ot Sdrranfiy 
vel Serrane.) Hence Virgil, Biforem dat tiiia cantimi i*^' 
bisonum, imparetHy JEn. ix. 618. Sometimes the flute was 
crooked, Firg. Mn. vii. 737. Ovid. Met. iii. 532. and is 
^en called Tibia Pbrygia or cornu^ Id* de Pont. L l 39* 
Fasti iv. 18U 

III. PANTOMIMES were representations by dumb- 
shew, in whichthe actors, who were called by the saflje name 
with their performances^ CAIimi vel Pantomimi\ expte^ 
every thing by their d^icing and gestures without «p«ki|*> 
fhguad mtnu; henoe called also 04if<?wiwfj)ittyciwL3^W* 



Dramatic Evti^rtainmekts. 3BS 

110. vi. 63. Ovid. Trist. ii. 515. Martial, iii. 86- Hdrat. L 
18, 13. ii, 2, 225- Manil. v. 474. Suet. Ner. 54. B\st Panto^ 
mimi is always put for the actCHTs, irho were likewise called 
Phnipedesy because they were without shoes, {excatceatQ^ 
Senec. Epist. 8. Quinctilian. v. 11. Juvenal, viii. 191. Oeil* 
u 1 1. They %vore, however, a kind of wooden or iron sandals^ 
called Scab ILL A or iSca^^Z/n, which made a rattlbg noise 
when they danced, Cic. Cosl. 27. Suet. Cal. 54* 

The Pantomimes aire said to have been the invention of 
Augustus ; for before his time the Mmi both spoke and 
acted* 

MIMUS is put both for the actor and for what he actedi 
Cw. Cati 27. Verr. iii. 36. Rabir. Post. 12. PhU. ii. 27- not 
only 6n the stage, but elsewhere. Suet. C^s 39. Ner- 4. 0th. 
3. Cakg. 45. Aug. 45. 100. Sen. Ep. 80. Juvenal, viii. 198* 

The most celebrated composers of mimical performances 
or ftrces, (wi/no^apAO, were Laberius and Publius Syrus, 
in the time of Julius Caesar, Suet. Jul. 39. Horat. Sat* i. 10. 
6. Gell. xvii. 14. The most famous Pantomimes under Au- 
gustus were Pylades and Bathyllus, the favourite of Masce- 
nas. Tacit. Annul, i. 54, whose freed-m^n he is called l^ 
Ae Scfadiast on Persius, v. 123. (libertus M^cenatis); and 
by Juvenal, mollis^ vi- 63. Between them there was a 
constant emulation^ Pylades being once reproved by Au« 
gustus onthis account, replied, *^ It is expedient for you, ^ 
that the attention of the people should be engaged about us«" 
Pylades was the great favourite of the public* He was once 
bam^ied by the power of the q>posite party, but soon after 
restored, Dio^ liv. 17. Macrob. Sat. ii. 7. The factions of 
the different players, Senec. Ep. 47. Nat. Q. vii. 32. Petroru 
5. sometimes carried their discords to such a length, that 
they terminated in bloodshed, Suet- Tib. 37. 

The Romans had rope dancers (Funambuli, Schano^ 
bat^ vel Neurobatai)^ who used to be introduced in the time 
of the play, Ter. Hec. ProL 4, 34. Juvenal, iii* 77. and per- 
sons whos^med to fly in theair,(PETAURisTiE), whodart- 
ed ijaetabant vel executiebant) their bodies from a machine 
called Petaurum^ vel »usj Festus, Juvenal, xiv* 265. Manil. 
iii. 438. Martial* ii. 86. also interludes or musical entertain- 
ments^ called Emboli a, Cic. Sext. 54. or a€Roa>mata 5 

3E 



386 KOMAN ANTIQUITIES. 

but this last word is usually put for the actors, musicians, of' 
repejtters themselves, who were also employed at private' en- 
tertjinmcnts, Cw. ibid, Verr. iv. 22. Arch. 9. Suei. Augi 74. 
Macrob. Sat. ii- 4. Ncp, Att. 14. 

The plays were often interrupted likewise by the pec^le 
calling out for various shews to be exhibited ; as, the r^re* 
sentation of battles, triumphal processicms, e^adiators, un- 
common animals, and wild beasts, &c- The ncHse which 
the people made on these occasions, is compared by Horace 
to the raging of the sea, EptaU IL i. 185, &c. In )&€ man. 
h^'i their approbation, (.plaususy) and disapprobation, (sUn^ 
biSy ^trepitus^ fremitus^ clamor tomtruum^ Cic. Fam« viii. 2. 
fistula pastoriticj Att. 16.) which at all times were so much 
regarded, Cie. Fis. 27. SexL 54, 55, 56, 8cc. Herat. Od. I 
30. ii-17. 

Those who acted the principal partd of a play, were called 
ActOres primarum partium ; the second, seeundarum portu 
urn; the. third, tertiaruffiy &c« Ter- Pborm. proL 2& Cic. 
in Csecil. 15. & Ascon. in loc. 

The actors were applaud^ of hissed as they performed 
dieir parts, or pleased or displeased die spectators, QumetUi- 
nn. vi. L Cic. Rose. Com. 2. Att^ i. 3^ 16. When the {day 
was ended, an actor always said, Pl avdite, Tereni. ^c 

Those actors, who were most approved, received crowns, 
&c. as at other games ; at first composed of leaves or flow- 
ers, tied round the head with strings, called Struppi, strv- 
phta^ V. •to/a, Festus. Plih. xxi. 1. afterwards of thin plates 
<X brass gilt, fe lathina area tmui inaurata out inargentotajf 
called CoRotLiE or coroUaria : first made by Crassus of 
gold and silver, Plin. xxi. 2, S. Hence COROLLARIUM, 
a reward given to players over and above their just Jiire, 
{additum praterquam quod debitum esijf Vanro de IolU 
Ling. iv. 36. Plin. Ep. vii. 24. Cic. Verr. iii. 79. w- 22. 
Suet. Aug. 45: or any thing given above what was promised, 
Cic^ r^rr. iii. 50. Piin. ix. 35. s. 57. The £mperor M. 
Antoninus ordained that players should receive from five 
t6 ten gold pieces, (aureijj but not more, CapiU>Bn. 11* 

The place whei^ dramatic repi^esentations were'^xhibked, 
was caUed THEATRUM, a theatre, {a ii^t^. video)* In 
atwiient times the people viewed the entortainment standifig ; 



Dramatic Entertainments. S67 

hence stantes for spectators, Cic. Amk. 7- and, A. U. 599, 
a decree of the senate was made, prohibiting any oi^ to 
make seats for that purpose in the city, or within a mile of 
it. At the same time a theatre, which was building, u'as, by 
the appointment of the censors, ordered to be pulled down, 
as a tfiing hurtful to good morals, (nocitunim pubticts moru 
6usJ^ Liv, Epit« xlviii* Valer, Max. ii. 4, 3. 

Afterwards temporary theatres were occasionallyerect- 
ed. The most splendid was that of M. ^milius Scaurus, 
when aedile, which contained 80,000 persons, and was adorn- 
ed uith amazing magnificence, and at an incredible expence,* 
Piin. xxvi. 15. 

Curtq, the partisan of Cssar, at the funeral exhibition in 
honour of his father, ffunebri patris munerej^ made two 
large theatres of wood, adjoining to one another, suspended 
eadi on hinges, fcardinum ginguloritm versatili suspensa li^ 
bramento)^ and looking opposite ways j finttr se aversaJt 
so that the scenes should not distytrb each otiier by their 
noise, f'ne invicem obstreperentj ; in both of which he act- 
ed stage plays in the former part of the day ; then having 
suddenly wheeled them round, so thatthey stoodover against 
one another, and thus formed an amphitheatre, he exhibited 
shews of gladiators in the afternoon, Plin. xxxvi. 15. 

Pompey first reared a theatre of hewn stone in his second 
consulship, which contained 40,000. Butthat he might not 
incur the animadversion of the censors, he dedicated it as a 
temple to Venus, Suet. Claud. 21. TertulUati. de Spect lO, 
Piin. viii. 7. Dioy xxxix. 38. Tacit, xiv. 19. There weii 
afterwards several theatres, and in particular those of Mar- 
cellUs, Dio^ xliii. 49. and of Balbus, near that of Poihp<^y, 
Ovid. TVirf. iii. 12, 13. jimor. li. 7, 3. hence called tria the^ 
atruj the three theatres, Sutt* Aug. 45. Ovid. Art. iii. 394* 
Tml. iii. 12, 24. 

' Theatres at first were open at top : and in excessive heat 
or rain, coverings were drawn over them, as over the am- 
phitheatre, iVin. xix. 1. s.'6, xxxvt. .15. s. 24. LaictetAy* 
73. but in later times they wererotrfed, Stat^ Syb. iii. 6» 91« 

Atnoi^ the Greeks, public assemblies were held in the 
Aeatre, Cic. Place. 7. Tactt. \u 80. Senec. Epist, 108. And 
^(^n^ the Romiins it w;as usual to scouige malefactorft. on 



388 ROMAN ANTIQUITIES. 

the stage, Suet. Aug. 47. This the Greeks cdled «f«^iffrt tt. 

The theatre was. of an oblong semicm^ular form, like the 
half of an amphitheatre, Plin. xxxvi. 16. The bendies or 
seats (gfxtdus vel cunei) rose above one another, and weie 
distributed to the different orders in die same manner as in 
the amphitheatre. The foremost rows next the stage, called 
Orchi*strai vfere assigned to the senators and ambassadors 
of foreign states ; fourteen rows behind them to the e^aties ; 
and the rest to the people, Suet. Aug. 44. The whol^ was 
called CAVE A. The foremost rows were called Cavea pru 
ma^ or una ; the last, caoea ultima or summa. Cic. Seniect 
14. the middle, caoea tnedia^ Suet. ibid. 

The parts df the theatre allotted to the performers, were 
called ScenOy Postscenium^ Proscenium^ Pulpitum^ nxAOr* 
thestra. 

\. SCENA, the scene, was adorned with cohimns, sla* 
tues, and pictures of various kinds, according to the nature 
of the plays exhibited, Fitruv. v, 8* to which Virgil aUodes, 
JEn. i. .166, 432. The wnaments sometimes were incon- 
crivably magnificent, Faler.Max^ \u 4, 6. Plin. xxxvi. 15. 
S.24. 

When the scene was suddenly changed by certain ma* 
chines, it was called Scena Versatilis ; when it was 
drawn aside, Scek a Ductilis, Sen. ad Firg. O. iii. 524.^ 
The scenery was concealed by a curtain, ( AULi£UM 
vel Siparium, oftener plural -aj^ which, contraiy tothe mo. 
dem custom, was dropt (premebatur) or (kawn down, as 
among us the blinds of a carriage, when the play begvi^ and 
raised (toUebatur) or drawn up when the play was over ; 
sometimes also between the acts, Horat. Ep. ii. 1, 189. Art. 
Poet. 154. Ovid. Met. iii. 111. Juvenal, vi. 166. The ma- 
chine by which this was done, was called Exost&a, Ge. 
prov. Cohs^ 6. Curtains and hangings of tapestiy were also 
used in private houses, Firg. Mn. i. 701* . Horat. Od. iii« 
29. 15. Sat. ii. 8. 54. called Aulaa Attalita, because said to 
have been first invented at the court of Attains, king of Per* 
gamus, in Asia Minor, Pfopert. ii. 23« 46, Serv. in Firg^ 
Mn. i. 701. 
% POSTSCENIUM, the place bduod the scene, wfam 



the aetora dressed and undressed ; and where those Amgs 
were supposed to be done, which could not with propriety 
be exhibited on the stage, Horat* de ArU P. 182, JLucret. 
iv. 1178 

3. PROSCENIUM, the place before the scene where 
the actors ^peared» 

The place where the actors recited their parts« was called 
PULPITUM ; and thepiace where they danced, ORCHES- 
TRA, which was about five feet lower than the Pulpitum^ 
Vitruv. V. 6« Hence Ludibria scerta etpulpito digna^ bu£» 
foooery fit only for the stage, Pirn. Ep. iv. 25- , 

MILITARY AFFAIRS of the ROMANS- 

L LEVYING (/.SOLDIERS. 

THE Romans were a nation of warriors. Every citizea 
wasobliged to enlist as a soldier when the public service 
required, from the age of seventeen to forty six ; nor at first 
could any one enjoy an office in the city, who had not served 
ten casspaigRs, Poly 6. vi. 1 7* Every foot soldier was obliged 
to serve twenty campaigns, and every horseman ten. At 
first none of the lowest class, nor freedmen, were enlisted a^ 
soldiers, unless in dangerous junctures, Liv* x. 21. xxii. 11, 
57. . But this was afterwards altered by Marius, SaUust. 
Jug. 66. GtU. xvL la 

The Romans, during the existence of their republic, were 
almost.always engaged in wars ; first with the different sta^ 
of Italy for near 50Q years, and then icx about 200 years 
more in subduing the various countries which composed 
that iomiense empire* 

The Romans never carried on any war without solemnly 
proclaiming it. This was done by a set of priests called 

Ffi^IAJLES. 

When the Romans thought themselves injured by any 
nation, they sent one or more of these Fedahs to demand 
redress, (orf res repetmdas), Liv* iv- 30- xxxviii. 45. Varr. 
L. Lu iv- 15. Dionys. iL 72. and if it was not immediately 
given, thirty*three days were granted to ccmsider the matter, 
after which, war might be jusdy declared* Then the /irtrtaA?^ 
again went to their confines, and having thrown a bloody 
spear into them, forma^y deolaisd ym against t^at n^tion^ 



'3» ROMAN ANTIQUITIES. 

Liv* i. 52. The form of words which he pronounced befort 
he threw the spear, was called CL ARIGATIO, {a ciara i». 
€€ qua uiebotur)y Serv- in Virg. Mn. ix- 52. x. 14» I^bn. 
^xii* 2. Afterwards when the empire waseaiaiKed,and wars 
•carried on with distant nations, this ceremony was performed 
in a certain field near the city, which was caHed Agee Uos- 
Titis, Ovid. Fast. vi. 205. 'Ihus Augustus declared war 
professedly against Cleopatra, butm reality against Antony, 
jyio^ 1. 4. So Marcus Antoninus, before he set outto war 
against the Scythians, shot a bloddy spear from the temple 
of Hellonu into the ag^ Iwstilis^ Dio, Ixxi. 53- 

In the first ages of tlie republic, foin: legions for the most 
part were aiuxually raised, two to each xx)nsul; for two le- 
gions composed a consular army. But often 'a greater num- 
ha was raised, ten, Liv. ii> 30. vii. 35. eighteen, xxiv. 11. 
twenty, xxx. 2. twenty-(Mie, xxvi, 52B. xxvii. 24. tiwcnty- 
three, xx» 1. xx.viii. 38- under Tiberius twenty-five^ even 
Im time of peace, besides the troops in Italy, and the foi^ces of 
the allies, Tadt* Annal. iv« 5. under Adrian thkty, SparHan- 
15. In the 529th year erf the city, upon the report crfa Gal- 
lic tumult, Italy alone is said to have armed 80,000 cavalry 
and 700,000 foot^ Plin. iii. 20. s, 24. But in after times, when 
the lands were cultivated chiefly by slaves, Xw* vi. 12. it was 
not so easy. to procure soldiers. Hence after the destruction 
iof Quintilius Varus and his atmy in Germany, A. U. 763, 
Augustus could not raise forces even to defend Italy and 
Rome, which he was afraid the Germabs ahd Gauls would 
omck, without using the grentest rigour, 2)f<), Ivi, 23, 

The consuls, after they entered on their office, appointed 
a day {diem edicebdnt^ vel tndwebant)^ on whid> all those who 
w^e of the military dge should be present irt the capitol, 
Iav. xxvii* 31. Po/yA- vi. 17. 

On the day appointed, the consuls, seated in tkeir curule 
fehairs, held a levy idelectum habebant\ by the assiistaticie of 
the military or legionary tribunes, unless hindered by the 
tribunes of the commons, Liv. iii. 51. iv. 1- It wa\p deter, 
mitied by lot in what manner the tribes should be ci 

The consule ordered such as they pleased to be 
of each tribe : and every one was obliged to answer 
aarne wider a severe pa^mliy, Lio. liL 11, aiul 41^ 



Leyyikc qfSoLmz'Bis^ 391 

5. Fakr. Max- vi. 3. 4- They werecareful to ehuse (kgerc) 
those first, who had what were thought lucky names, {bona 
nomna)^ as, Valerius^ Salviusy Statortus^ &c. Cic^ Divin* i, 
45- Festus in voce laAcvshvcjLisvs. Their names were 
written down on tables ; henc€ scribere^ to enlist, to levy or 
raise. 

In cerbtin wars, and under certain commanders, Aere was 
the greatest alacrity to enlist, (nominadare), Liv* x» 25. xlii. 

32. but this was not^always the case Sometimes compuk 
^on (coercitio) was requisite ; and those who refused^ (rk-, 
FRACTARii, quimUitiam detrectabont)^ were forced toen- 
list (sacramerdo adactiJ by fines and corporal punishnaent^' 
idamno etvtrgU)^ Liv. iv. 53- vii* 4- Sometimes they were 
thrown into prison, ibid. & Dionys. viii. x« or sok) as slaveSf 
Cic. Caein* 34. Some cut off their thumbs or fingers to 
render themselves unfit for service : hence pol&ce trunei^ 
poltroons* But this did not screen them from punishment^ 
Suet. \Aug* 24- Faler^ Mtix» vi- 3. 3. On one occasion Au- 
gustus put some of the most refractory to death, Dio- Ivi. 23. 

Theic were, however, several just causes of exempticm 
from military service* (vacationis militi* vel a milftta) ; of 
wliich the chief were, Age, (jEtasJ^ if above fifty, Xw. xlH^ 

33, 34, disease or infirmity, imolrbus vd viiiumJj Suet. 
Aug- 24* office, {honor) j being a. magistrate or priest, Flum 
torch* in CamiU* vers. fin. favour or indulgence(6m^ctfim) 
l^inted by the senate or people, Cic. Phii- v. 19* dip NaL D* 
ii* 2^ ZjTl^^xxxix. 19. 

Those also were excused who had served /)ut their timis, 
(Emeeiti, qui stipendia explarissent^ vel D&ruNcTi, (X 
vid. Amor, iu 9. 24) Such asi claimed this exemiption, 4p. 
plied to the tribunes of the commons, Lrv. ii. 55. who judg- 
ed of the justice of their claims, {causas cognoscebant)^ aiid 
interposed in their behalf or not, as they judged proper* But 
this was^ siHnetimes forbidden by a decree of the senate, Uv*. 
xxxiv. .5^ And the tribunes thiemselves sometimes refers 
red the matter to the consuls, Liv. xlii- 32^ 33, &c 

In sudden emergencies, or in dangerous wars, «as a war in 
Italy, or against the Oauls, whicli was called TUMUL^ 
TUS, (^Mflfsi timor multus, vela tumeo)^ Cic. Phil, v* 31. viii*^' 
1« Qttiuailian, viL Z^ no regard was had to thes& excuset^ 



S&2 ROMAN ANTIQUITIES. 

{delectus sinevaecaiombus habitus esf)^ Liv- vii. IL 28, viii. 
20. X. 21. Two flags were displayed CvexiUa sublata vA 
prolata sunt) from the capitol, the one red, (roseum\ 4o sum- 
mon the infantry, (ad petUtes evocondosJy and the other 
green, fc^ruleamX to summon the cav^dry, Serv. m Ftrg. 
jSSn- viii. 4. - 

On such occasions, as there was not time to go dirouiji the 
usual forms, the consul said, Qiri rempublicau sai- 
VAM ESSE vuLT, ME sEqiTATUR. This was caficd CON- 
JURATIO,or evocatio^ and men thus raised, Conjurati, 
Lw. xxii. 38^ C^s. de BeU. G. vii. 1. who were not consi^ 
dered as regular soldiers, Liv. xlv, 2. 

Soldiers raised upon a sudden alarm, (m tunadtu / nm, 
TUMULTus nonnunquam kvior^ guam beilum^ Liv. ii. 26) 
were called Su b r t a r j i (ita repentina auxiUa appeSabant), 
Liv. iii* 4. 30- or Tumultuarii, IAo. u 37. xxxv, 2. not 
only at Rome, but also in the provinces, ibid^ & xL 26. when 
Ac sickly or infirm wane forced to enlist, who were called 
C Aus arii, Liv. vh 6* If slaves were found to have obtnid- 
«d themselves into the service, Winter tirenes\ xhey were 
sometimes punished capitally, (m eos ammoA^ersum cst\ 
Plfar. Ep.x.38, &39. 

The cavalry were chosen from the body of die Eqmtes : 
amd each had a horse and money to support him, given tbem 
by the public, Lw. i- 43. 

On extraordinary occasions, some Equites served on tfaeff 
own horses, Liv- v. 7. But that was not usually done t nor 
were there, as some have thought^ my horse in the Roam 
armyi but from the Equites, till the time of Marius, wfco 
made a great, alteration in tha military system of the Ro- 
mans, in this, as well as in other respects. 

After that period, the cavalry was composednot meielf of 
Boman equites^ as formerly, but of horsemen raised from 
Ilaly^ and the other provinces : and the infaiitFy consisted 
chiefly of the poorer citizens, orof mercenary soldier*, which 
is justly reckoned one ofthe chief causes of dieminof the 
republic. 

After the levy was completed, one soldier was choesento 
lepeat over die words of tk; milkary oath, {qui re&imiver^ 
ba sacramenti pr^ret^ and the rest iswco'e after imriif^ ^' 



Levtihc of SohBitKS* S93 

La tfuijuraiant). Every one as he passed along said, I- 
2>KM iH ME, Festtttin Pe^jurationss, Liv. iu 45* Pp« 
iyb. vi- 19. 

The form of the oath does not seem to have been always 
the same. The substance ctf it. was, that they would obey 
their condmanda-, and not desert their standards, &c. Liv^ 
ill- 20. xxii. 38. Qell. Kvi. 4» Sometimes those below seven- 
te^i were obliged to take the military oath Uacrammto vel 
"Um Hicere')y Liv. xxii. 57* xxv. 5- 

Without this oath no one could jusdy fight with the ene- 
my , Cic. Off. i. 1 !• Hence sacramenta is put for a mintary 
life, Jtwmal. xvi. 35. Livy says, that it was first legally 
exacted in the second Punic war, xxii. 38. where he. seems 
ta make a distinction between the oath (Sacramektuh) 
which formerly was taken voluntarily, when the troops were 
embodied, and each decuria of cavahy, and century of foot, 
swore among themselves {inter se equUes dccwiaiiy pedHes 
centuriati conjurabant)^ to act like good soldiers, (se$efu^ 
g^acformtdmis ergo non abituroSy neque ex ordine reeesm* 
rosJy and the oith (jusjurakoum) which was exacted by 
the miUtary tribunes after the levy, (ex voluniaria inter ip^ 
SOS foddere a tnbums ad legitimam jurisjurandi actionem 
trantlatum). 

On occasion of a mutiny, the military oath was taken a^ 
new, Uv. xxviii. 29. 

Under the emperors the name of the prince was inserted 
in the military oath, Tacit. Hist. iv. 31- aud this oath used 
to be renewed every year on iheir birth*day, P/fjc Ep. x. 
60. by the soldiers and the people in the provinces, ie/* 
Pan- 68. also on the kalends of J^mary, Sueti Oalb. 16. 
Tac^t. AnnaL xvi. 22. His't. \. 12. 

On certain occasions persons were sent up and down the 
country to raise soldiers, called CONQUISITORES, and 
ttefbrce used for; that purpose Coekcitio vel ConquisiUo, 
a pressor imprms, Liv. xxi. 11- xxiii. 32« Cic?. de preo. 
Cons. 2. Att. vii. 21. HtsU de Bell. Alex. 2* Sc^etimes 
particular coTimtssioners (triumviri) were appointed for 
that purpose, JLrtf. xxv. 5. 

Veteran soldiers who had served out their time (Aanijpiet 
tmeritis itipendiis,) wen; often induced again toeii|list«:Wh<^ 



.354 ROMAN ANTIQUITIES. 

ivtrethen called^ EVOC ATI, Liv. xxxvii* 4. Cic. Fam. 
ill. 7. Cas. Bell Civ. lii. 53. Suliust. Jug. 84. Dio. xlv- 12* 
Galba gave this name to a body of eguitest whom he ap- 
pointed to guard his person, Suei. GalL 10- The JSvocati 
wqre exempted from all the drudgery of military service, 
(c^terorum iminunes^ nisi propulsandi hoHis)^ Tacit. Aima!. 
i. 36. 

After Latium and the states of Italy were subdued, or ad- 
mitted into alliance, they always furnished at least an equal 
number of infantry with the Romans, and the double of 
<!:avalry,im. viii. 8. xxii. 36. sometimes more. (Seep. 73) 
The consuls, when about to make a levy, sent them notice 
what number of troops they required, {ad socios LaUmim- 
que nomen ad milites ex formula accipiendos mittunt^ arma^ 
t&la\ alia parari jubentj Liv* xxii. 57.) and at the snae 
time appointed the day and place of assembling, (^iMxriNivf- 
nirent) Liv, xxxiv. 56. xxxvii. 4. 

. The forces of the allies seem to have been raised, Cscrip- 
ti vel conscripti\ much in the same manner with those of 
the Romans.- They were paid by their own states^ Uv. 
xxvii- 9- & 11. and received nothing from the Romans but 
com; on which account they had a paymaster (Qii«^or) 
of their own, Polyb. vi- But when all the Italians were ad- 
mitted into the freedom of the city, their forces were incor- 
porated with those of the republic- 

The troops sent by foreign kings and states were caBed 
auxiliaries, CAUXILIARES milites vel auxilia, ab mi- 
geOy Cic. Att- vi. 5« Varr. & Fest.) They usually reccivecl 
pay and clothing from the republic, although they some* 
times were supported by those who sent them. 

The first mercenary soldiers in the Roman army, are 
said to have been the Celtiberians in Spain, A. U. 537, Liv. 
xxiv. 49. But those must have been different from the 
auxiliaries, who are often mentioned befwe that time, Liv. 
Itxi. 46, 4fi, 55, 56. xxii. 22- 

Und^r the emperors, the Romanarmies were inagreat 
measure composed of foreigners ; and the provinces sail 
with regret the flower of their youth carried ofFfor that pur- 
pose. Tacit. Hist. iv. 14. jigric* 31. Each dbtrict was ob- 
liged to furnish a certain number of men, in propc^tkn to 
its extent and opuknce'. 



Division tf the Teoops, 385 

IL DIVISION qf the TROOPSxn the ROMAN AH. 
MY; their ARMS, OFFICERS, and DRESS. 

AFTER the levy was completed, and the military oath 
administered, the troops were fcx-med into legions^ 
CL£GIO, a kgendo, quia mUite&in delectu legebantur, Far^ 
ro^ L. Lr iv. 16- which word is sometimes put for an army, 
Zav. ii- 26, &c. Sallust. Jag- 79.) 

£ach k^ion was divided into ten cohorts ; each cohort 
into three maniples ; and each maniple into two centuries, 
(MANIPULUS, ex manipulo yt\ fascicule f mi, hast*, vel 
pertic^longit aUigato^ quern pro signo primum gerebaty Ovid. 
Fast. iii. 117.) So that there were thirty mamples, and six- 
ty oesturies in a legion, G^Z^. xvi» 4, and if there had always 
been 100 men in each century ^ as its .name imports, the le- 
gicHi would have consisted of 6000 men. But this was not 
the case. 

The number of men in a legion was different at different 
times, iiv. viL 25. viii. 8. xxvi. 28. xxix. 24. xlii. 31. xliii. 
12. C^s. B. C. iii. 106. B. AL 69. In the time of Polybius 
it was 4200. 

There were usually 300 cavalry joined to each legbn^^ 
caHed JUSTUS EQUITATUS, or ALA, ibid. & Liv. iu. 
62. They were divided into ten turm^t or troops ; and each 
turma into three decuri^j or bodies of ten men. 

The different kinds ol* infantry which composed the le- 
sion, were three^ the Hastatiy PrincipeSy and Triarii. 

The HAST ATI were so called, because they first fought 
with long spears, (kast^), which were afterwanis laid aside 
as inconvenient, Farro de Lat, ling. iv. 16. Thty consisted 
of^roung men in the flower of life, and formed the first line 
in battle, Iav. viii. 8. * 

The PRINCIPES were men of middle age, in the vigour 
of life ; they ciccupied the ^cond line. Anciently they seem 
to have been posted first ; whence their name, ibid* 

The TRIARII were old soldiers of approved valour, who 
formed the third line ; whence their name, Dionys. viii. 86. 
They were.also called PILANI, from the Ptbrni or javelin 
which they used ; and the Hasiati and PrincipeSy who stood 
before them, Aktjepilanx. 



89d ROMAN ANTIQUITIES. 

There was a fourth kind of troops, called VELITES, 
from their swiftness and agility, (a voiando vel vehefiate)j 
the light-armed soldiers, imiiites levis armatunt^ vel es^edi^ 
*i, vel ievis armctura)^ firht instituted in Ae secoiri Punic 
war, Ltv. xxvL 4. These did not form a part of the legion, 
and had no certain post assigned them ; but fought in scat- 
tered parties wheie occasion required, usually before the 
lines. To them were joined the sUngers and archers, EUN- 
DITORES, JiaIearesMfyn:hc) Liv. xxi*21. xjtviii. 37. 
xxxviii. 21, 29. SAGITTARU Creiense^, Arabes, &c- 
Xro- xxxvii, 40- xlii. 35, • 

The light^^armed troops went anciently cs^ed Fcrentarn ; 
Rorarn^ (quod ante rorat quam plinth Varr. L. L. vi. 3-> and, 
according to some, Accend* Others make the Aecemt su« 
perriumerary soldiers, who attended the army to supplg^ the 
place of ^ose legfionary soldiers who died or were slain, Fes- 
tus in Adsgriptitii, Varroj ibid. In the mean time, how- 
ever, they were ranked among (he light-armed ttoops- These 
were formed into distinct comp^iies, iexpediti num^uli et 
expedite cohortes\ and are sometimes opposed to the legi- 
onary cohorts, SaUust.'Jug. 46. 90. 100* 

The soldiers were often denominated, especially under tlie 
emperors, from the number of the legion in which they w^e ; 
t^aa, Prinumiy the scddiers of the first legion v Secundani^ 
TtrtiatAy Quarta^ni^ Quiatani, Decimani^ Tertiadeeinumi^ 
Vtcesmani^ Dtiodepuesimam^ Dtio etvicesunani^ &c* T^t« 
Hist, iv- 36, S7, iiK 27- y. I. Suet. Jul. 70- 

The Velites were equipped with bows^ siingi^ seven ^ve« 
)ins or f^ars with slender paints like arrows, sotiiatwhen 
thrown th^y bent, and could not easily be returned by the 
enemy, quorum ielutn inhabikfad retmitendum imptritis est^ 
Liv. xxiv. 34. a Spanish stuard having both edge and point, 
CqiUf c'simei punctim petebant^ Liv) a round buckler (p ar- 
ji a) about three feet in diameter, .made of wood and covers 
ed with leatiier ; and a helmet or cask for the he^ CG A- 
LEA vel Gra&fv^), generally made of the skin of some wild 
beast, to appear the more terrible, Polffb. vi. 20. 

The arms of die Hastotiy Principes, and Trmrii^ both de- 
fensive Carma ad tegendum) ahd elusive (^ib ad pelenduBi) 
ivere in a great measure the same; /Wyi* vi S0> fit 2^ 



t 
1; AnoUong shield (SCUTUM) with Si iron boto (um- 
bo) jutting out in the middle, four feet.bng and two feet and 
a iiaif bioady made of wood Joined together with little pkttes 
of iron, and the whole covered with a bulPs hide ; some- 
times aroiviclshield<CLYP£irs) c^a smaller size. 

2. A head piece (GALEA, val Cassis v. -tc/a) of brass or 
iron, coming down to the shoulders, but leaving the face un*. 
covered, Fhr. iv. 2. whence the command of Caesar at the 
battle of Pharsalia, which in a great measure determined the 
fortune of the day, Faciem f^hi, miljss, Flor^ iv. 2. 
Pompey's cavalry being chiefly composed of young men of 
rank, who were as much afraid of having their visages dis- 
figured as of death. Upon the top of the helmet was the 
crest, (Chist a) adorned with plumes of feathers of various 
cohiurs* 

3. A coat of mail, (LORICA) generally made of leather, 
covered with plates of iron in the fwm of scales or iron rings 
twisted within one another like chains, (Jmmis €onserta\ in« 
ste^Kl of the coat of mail, most u&ed only a plate of brass on 
tlie bteast, {thorax velpectorale\ 

— 4. Greaves for the legs, (OCREiE), Lw^ ix. 40. teg^ 
mind crurum^ Y\t%. iEn. xi. 777. sometimes o|iIy on the 
right leg, Feget. i. 20. and a kind of shoe or covering for the 
feet, called Catiga, set with nails^ JuvetioL 2lyu2^ used 
chidly by the common soldiers, {^gregarii \A manipuiares 
mUitesJn whence the Emperor Oskguh had his.name. Suet. 
Col. ix- 52- Tacit. AnnaL i. 41. Cic* Att. ii* 3- Hence Cb- 
ligatus^ a €omRu>n soldier, Suet^ Aug. 25. Marius a caliga 
ad consuhtum perductusy from being a common soldier, Se^ 
nte» de ben* v- 16- 

— 54 A sword igladius vel ensis} and two Icmg javejiins^ 

(PitA) ^ 

The cavafay at first used only dietr ordinary clothing for 
the sake of agilky, that they might more easily mount their 
horses ; lor they had no stirrups, (Stafue vel Stapbdm^ 
as they w«ne after^vards called)- When they were first used 
is uncertain. There is no mendtcm of diem in the classics, ^ 
nor do th^ appear on ancient coins and statues. Neither: 
had die Romans saddles smrb as ours, but certain coverings 
pf clodi ivestisstraguMby alt oo, called EPHIPPIA, ffo^ 



9^8 ROMAN ANTIQUITlEa 

rat. Bp. i* l:4w A^.vel Strata, with which ahonjb was 
said to be con stratus, Liv. xxi*54. These the Germaas 

. despised, C^^ B. G. iv- 2« The Numidiaii horse had no 
bridles, Liv. xxxv. 11. 

But Uie Roman c^vahy afterwards imitated the manner of 
the Greeks, and used nearly the same armour with the foot ; 
PolyL vi. 23. Thus, Pliny wrote a book, dejaculafiane e- 
questrij about the art of using the javelin on bc^^eback, Flin. 
Ep. iii« 4t. 

Horsemen armed cap-a-ptey that is, completely {xcrmhead 
to foot, were caUed Loricati, or Cataphracti, Xiv. 
xxxv. 48. xx2{vii. 40. 

In each legion there were six military tribunes (see p, 206), 
who commanded under the consul, each in liis turn, usually 
month about, Liv. xh 41* Horat. SaU i. 6. 48. In battle, a 
tribune seems to have had the charge often centuries, or 
about a thousand m^i ; hence called in Greek, ;^<Ai«f;^t(, vel 
-w. Under the emperors they were chosen chiefly from a- 
mong tlie senators and equites ; hence called L aticla vir 
and AngusticlaviIj Suet. Otk. 10. One of these seems 
to be called Tribunes cohortis, P/mu Ep.m. 9. and 
their command to have lasted only six months ; hence call- 
ed semestris tribunatus, Plin. Ep. iv* 4- or sEifEs- 
TRB AURifM, Jm)encd' vii. 8. because they had the right of 
wearing a golden ring. 

The tribunes chose the officers who commanded the cen- 
turies (CENTURioKEsvel ordinum ductores)^ from among 

> the common soldiers, according to their merit, Liv^ xlii. 34. 
Cas' VI. 39- Lucan. i. 645- vi. 145. But thisoffice(^m^/rr- 
onatas) was [Sometimes disposed of by die consul or procon- 
sul through favoin;, and even for money, Cic. Pis^ 36. 

The badge of a centurion was a vine-rod or s£i|>ling, (vi- 
Tts). Plin. xiv. 1» s. 3. Tacit* i- 23. JuvenoL viii. 247. 0- 
vid. Art. Am* i. 527- hence vite donari^ to be made a centuri- 
on ; vHem poseere^ to ask that office, /civ^yia/- xiv* 193. gere* 
re^ to bear it, Lucan. vi. 146. 

There were two centurions in each maniple called by the 
same name, but distinguished by the title prior ^ formuer, and 
posterior y latter, because the one was chosen and ranked be» 
fore the other, Tacit. Arm* i 32. Dumy^^ ix. 10* . . 



, DxvisioN of the Tr'oo#s. S9# 

Under the emperors persons were made centuriorts all ftt 
•^nce through interest, Dio^ Hi. 25. 

The centurion of the first century of the first maniple of 
the Triariiy was called Centurio primi pili^ \t\pf%miordims^ 
Liv. XXV- 19- or Primus Pihis^ primipi/m^ or primopilus^ 
Caes. B. G- ii- 25. also primus centurio^ Liv- vii- 4L (fuipru 
mum pUum ducebat^ ib. 13. Du$s /egionisj (« iytf^ 't«v ruyiuum 
T«<), Ihonys. ix. 10. He presided over all the other centuri- 
ons, and had the charge of the eagle (aquila\ or chief stand- 
ard of the legion. Tacit. Histi iii, 22- Faler, Max. v 6. 11. 
whereby he obtained both profit and dignity, being ranked 
rfmong the equites^ Juvenal- xiv, 197. Martial* i- 32* Ovid- 
Amor lii* 8. 20 Pont^ iv- 7- IS* He had a place in the coun- 
cil of war with the consul and tribunes- The other centuri- 
ons were called minores ordine^ lb- 49. 

The centurion of the second century of the first maniple of 
the TWarri, was called Primipilus posterior: So the two cen.< 
turions of the second maniple of the Triariiy Prior centurio^ 
and posterior centurio secundi pili ; and so on to the tenths 
who was called Ceriturio dectmi pili^ prior tt posterior. Li 
libe manner, Primus princeps^ secundus princepSt &c. Pri^ 
mits hastatusy &c. Thus there was a large field for promo* 
tion in the Roman army, from a common soldier to a cen- 
* turion ; from being tlie lowest centurion of the tenth maniple 
of Hastati, (decimus hastatus posterior J ^ to the rank of Pn- 
mipilus^ Liv. xlii. 34. Any one of the chief centurionsi was 
said ducerehonestum ordmem ; as Virginius, Liv. iii« 44- 

Thd centurions chose each two assistants or lieutenantSt 
c^ed OPTION ES, Uragi, or Succenturiones^ Ldv-^viii. S. 
Festus in Optio ; and two standard-bearers or ensigns^ 
(SIGNIFERIver rea:i7/ar/z>>, Liv. yi.Sxxxv.S. TacAnn. 
i- 81. Hist.i. 41. iii. 17. Cic. Divin. i. 77. 

He who commanded the cavalry of a legion was called 
PRiEFECTUS A\JR, Plm. Ep. iii* 4. 

Each Turma had three DECURIONES, orcoromand- 
ers often : but he who was first elected, commanded tlic 
troop, Polyb. vi. 23. and was called Dvx turm^g, SaUust. 
Jiig'SS. Each decurio hzd^n optio or deputy urlder him^ 
Farrode Lat. ling. iv. 16. 
^ The troops of the allies (whichj as well a« the JKuse* wer« 



400 ttOMAN ANrriQurnES. . 

ealled AtiE, from their being stationed on the wings^ Xm. 
xxxi- 21. GelL xvi. 4.) had praftcts (PRiEFEC FI) ap. 
pointed them, who commanded in the same manner as the 
legionary tribunes, Ctts. B. O. i. 39* Suet. Aug. 38. Claud. 
35. Plm. EpisU X- 19- TheJ* were divided uitb cohorts, as 
the Roman infantry, SaUust. Jug. 58* 

A thffd part of the horset and a fifth of the ibot of the al- 
Kes, were selected and posted near the consul, under tiie 
nameofExTRAdRDiNARii, and one troop called Abi.ec- 
xror Scleeti, to serve as his life-guards, Liv. xxxv. 5. Fo- 
lyb. vi. 28. . . 

It is probable that the arms and inferior officers of tht 
allied troops were much the same as those of the 'Romans- 
Two legions, with the due number of cxv?\ry^icumjusto 
equitatu)t and the allies, formed what was. called a consular 
army, iexercitus consularis^) about 20,000 men, Liv. x. 
25. in the time of Pdybius. 18,600, Polyb. vi 24. 

The consul appointed lieutenant-generals CLEG ATI) un. 
der him, one or more, according to the importance of the 
war, Lw- ii- 29. 59. iv- 17. x. 40. 43. &c- Sail. Cat- 59, 
Jug. 28. Cas. de belt. civ. ii. 17. iii. 55. 

When the consul performed any thing in person, he was 
said to do it by his own conduct and auspices, (duciu vel 
imperioj et auspicio suo)j Liv. iii. 1. 17. 42. xli- 17. 28. 
Plant. Amph. ,i. 1.41. ii- 2- 25- Horat- i. 7. 27. But if his fc- 
gatuB or any other person did it by his command, it was said 
to be done, auspicio consults et ductu legati^ by the aus- 
pices of the consul and conduct of the legatus- In this 
manner the emperors were said to do every thing by th^ir 
auspices, although they remained at Rome- Ductu Germa- 
mcij auspicns Tiber U^ Tacit. Annal. ii. 41. Horat 0(|. iv. 
14. 16. & 33. Ovid. Trist. ii. 173. hence auspicia, the 
conduct, lAv. iii. 60. 

The military robe or cloak of the general was called PA- 
LUD AMENTUM, or Chlamys, of a scarlet colour, bor- 
dered with purple ; sometimes worn also by the qhief offi- 
cers, Uxx. i. 26. Plin. xvi. 3. Toe. ^;in- xii. 56. cumpabu 
datis dudbusy officers in red coats, JiroenaL vi. 399. and^ ac- 
cording to some, by the lictors wIk) attended the consul in 
war, iav. xli. 10- xlv. 39. Chlamts was likewi^ the 



Di5ciPtiK£ ((fthe HoiiAVS) l^c. 401 

name of a travelling dress, (vestu viatariaj : hence Chla* 
mydatus, a traveller or foreigner, PUoiU F^eud. iv. 2- 8* sc* 
7.49. 

The iniiitary cloak of the officers and soldiers was called 
SAGUM, also Chlamys, Plaut. Rud. ii. 2. 9, an open robe 
drawn over the other clothes, and fastened with a clasp, Su^ 
eU Aug. 26. opposed to toga^ the robe of peace When 
there was a war in Italy, (in tumultuJy all the citizens put 
on tlie sagum : Hence Est in sagis civitas^ Cic. Phil. viii» 
1 1. sumere saga^ ad saga ire ; et redire ad togas. Id. v. 12. 
xiv. 1. also put for the general's robe ; thus, Ptmico lugubre 
mutavtt saguniy i* e. deposuit coceineam chlamydem Anto* 
nius, €t accepit nigram^ laid aside his purple robe, and put 
•n mourning, Harat. Epod. ix. 27- 

JII. DISCIPLINE OF THE ROMANS, THEIR 

MARCHES AND ENCAMPMENTS. 

THE discipline of the Romans was chiefly conspicuous 
in their marches and encampments. They never pas- 
sed a night, even in the longest tnarclies, without pitching £( 
camp, and fortifying it with a rampart and ditch, Liv. xliv. 
39. Sallust. Jug' 45« & 9L Persons were always sent be- 
fore to chuse and mark out a proper place for that purpose, 
Ccastra metarij. Hence called METATORES ; thus, 
Alteris oastris vel secundisy is put for altera die^ the second 
day ; tertvis castris, quintis castris^ &c« Tacit. Hist iii. 15. 
iv 71. Ci^^. AG. vii 36. 

When an army staid but one night in the same camp, or 
even two or three nights, it was simply called castra^ and in 
later ages MANSIO ; which word is also put for the jour- 
ney of one day, Plith xil. 14. or fw an inn. Suet. Tit. 10. as 
tra^fk^^ among the Greeks* 

Wlien an army remained for a considerable time in thtf 
same place, it was called Castra STATIVA, a standing 
camp, iESTIVA, a summer camp ; and HIBERNA, a 
winter camp, (which was first used in the siege of Vi ji), 
Liv. V. 2. liihernacuta adifitawt^ xiiii- 39. 

The winter quarters of the Romans were strongly fortifi- 
ed, and fumLshedi, particularly under the emperors, with e- 
very accommodation like a city, as storehouses, {armaria), 

S G 



402 UOMAN ANTIQUITIES. 

workshops, (fabricit)^ an infirmary, ivaletudinttriumli^ &c. 
Hence from them many towns in Europe are supposed to 
have tbeir origin ; in England particularly, those whose 
names end in cestef or Chester. 

The form of the Roman camp was a square, (tjuadrata), 
and always of the same figure, Polyb. vi. 25. In later ages, 
in imitation of the Greeks^ they sometimes made it circular, 
or adapted it to the nature of thq ground, f^^y^^ i. 23* It 
was surrounded with a ditch, (FossA),usuallynmefcet deep 
and twelve feet broad, and a rampartC VALLUM), compos- 
ed of the earth dug from tlie ditch, (AGGER), and sharp 
stakes, (sudes, VALLI velj&o/i), stuck intoit,Firf. G. il 
25. Cits. B. Civ. ii. 1. 15. Polyb. xvii* 14. & 15, 

The camp had four ^utes, one on each side, called Porta 
PRETORIA, vel jEx^rflorrftnortfl, next the enemy, Zin. 
3cL 27. DECUxM ANA, opposite to the former, {ah tergo 
ehstrorum et hosti aversa^ vel ab hoste)^ Liv. iii. 5- x. 32. 
Ccesi B, G. ii- 24. Civ. iii. 79. Porta printcipalis dex- 

TR A and PRINCIPALXS SINISTRA, Lw^ xl- 27* 

The camp was divided into two parts, caUedtbe upper 2sA 
lower. 

The upper part, {pars castrorum superior)^ wad tfiat next 
the porta pratorta^ in which was the generaPs tent, {dueis 
taberndculumJ, called PRiETORIUM, also Auguralk, 
Tacit. Annal' \u 13- xv- 30. from that part of it where betook 
the auspices, f augur actUum^ Test, vel auguratmum, Hy- 
gin. de castramet.) or Augustale, Q»mrff/. viii. 2-8. 
with a sufficient space around for his retinue, the praetorian 
cohort, &c- On one side of the Pratortum w«e the tents of 
the lieutenant-generals ; and on the other that of the Qu«s- 
tor, QUiESTORIUM, which seems anciently tohave been 
near the porta decumana^ hence called Quastoria, Liv. x. 
32. xxxiv. 47. Hard by the quaestor's tent was the FO- 
RUM, called also Qu i n t a n a , where things were sold and 
meetings held, Liv. xli. 2. Suet. Ner. 26. Polyb- vi. 38. In 
this part of the camp were also the tents of the tribunes, pre- 
fects of the allies, the JEvocati, Ableeti^ and Extraor£rta$% 
both horse and foot. But in what order they were placed 
does not appear from the classics- We only know that a par- 
ticular place was assigned both to officers and iMn> ^^^* 
which they were all perfectly acquainted. 



Discipline rf^ thi Romans, hie. 403 

The lower part of the camp was separated from the upper 
by a broad open space, which extended the whole breadth 
of the camps called PRINCIPIA, Lxv. vii. 12. where the 
tribunal of the general was erected, when he either adminis^ 
tered justice or harangued the army, Tacit. AtmaL i. 67- 
Hut. iii. 13. where the tribunes held their courts, (jura red-^ 
debaniJ^ Li v. xxviii- 24. and punishments were inflicted. 
Suet. 0th. i- Aug' 32. Liv' viii. 24. ix. 16. the principal 
standards of the army, and the altars of the gods stood, Ta- 
ait. Annal i. 39. also the images of theemperors,/<^/.iv. 2. xv, 
29. by which the soldiers swore, iw* xxvi. AB-JIarai.Od. ir. 
5. Ep. ii. 1,16. and deposited their money at the standards, 
{"ad vel apudsi^ajf as in a sacred place, Sutt. Dom. 7. 
each a certain part of his pay, and the half (^ a donative, 
which was not restored till the end of the war, Vegct. \u 20* 

In the lower part of the camp the troops were disposed in 
this manner : The cavalry in the middle ; on both sides of 
them the Trwrti, PrineipeSi and Hastati ; next to them on 
both sides were the cavalry and foot of the allies, who, it is 
observable, were always posted in separate places, lest they 
should form any plots, C^e quid nova rei molirentur)^ by 
being united* It b not agreed what was the place of the Fe- 
Htep They are supposed to have occupied the empty spac^ 
between the rampart and the tents, which was 200 feet broads 
The same may be said of the slaves, (Calones vel servi)^ 
and retainers or followers of the camp, (LiXiE, qui exeret- 
turn sequebantur^ qua^tus gratia^ Festus), Liv* xxiii. 16. 
These were little used in ancient times. A common soldier 
was not allowed a slave, but the ofEcers were, Sallust. Jug^ 
4S. The Lia:^ were sometimes altogether prohibited, ibUL 
At other times t^ey seem to have staid without the camp, io 
what was called Procesjei a (adijicta extra castraJ^ Fes- 
tus ; Tacit. Hist, iv. 22. 

The tents (tentoria) were covered with leather or skins 
extended with ropes : hence sub pellibus hiemare^ Flon i* 12. 
durare^Liy- v^2. haberi^ Id. 37. 39'jetinerij in tents, or in 
camp, Tadt. Am. 13- 35. So Cic- Acad. iv. 2. 

In each tent were usually ten suldierb^ with their decanus 
or petty officer who commanded them, (^qui Us prafutf) ; 
which was properly calledCoNTUBERNiuM, and they Corkr 



464 KOMAN ANnQUITIES. 

tubemales* Hence young noblemen under Ae genend^s par- 
ticuliir care, were said to serve in his tent, (cantuberm 
ejus miliiareX and were called his CoNTUBtRK ales. Suet* 
Jul. 42. Ctc, CmL 30. Pian(:. 21. Sallust-Jug- 64. Hence, 
Viverc in coniubernio alicujus^ to live in one's famibrt /Vw. 
£p* vii. 24. Contubernalu^ a companion. Id. i. 19- x. 3. 
The centurions and standard-bearers were po^ed at the 
head of their companies. 

The d^rent divisions of the troops were separated by in- 
tervals, called VliE- Of tliese there were five longwise, (m- 
longutn)^ i. e- running froni the decuman towards the prato- 
rian side ; and three across, one in the lower part of the 
cimip, called Quintana, and two in the upper, namely, the 
JPrwcipia already described, and anotlier between the Pra^ 
torium and the Pnctorian gate. The rows of tents between 
ib^vut were called Strict, {f^i*^*) 

In pitching the camp, different divisions of tlie army were 
appointed to execute different parts of the work> under the 
inspection of the tribunes or centurions, JuvenaL viii. 147. 
as they like^^^se were during the encampment to perform 
diflferent services, {ministerta),Xo procure water,frtrage, wood, 
&c. Fmm these certain persons were exemptcd/i»?/ntt««^; 
perum mititarium^ in unum pugna Libarem reservaiii Livj vii- 
70 either by law or custom, as the Equttes^ Val. Max. ii ?• 
7. thejBwmri and veterans. Tacit, ./^niw/. i. 36. orbythe 
favour (beneficfo) of their commander ; hence tailed Be- 
yEf iciARii, Festus, CasB. C. i. 75. But afterw«dsthis 
exemption used to be purchased from the centurions, vhich 
proved mostptmicious to military discipline^ TacH.^^ 
i. 17. Mst. 1 46. The soldiers obUged to perform these scr* 
vices were called Munifices, Veget. ii. 7. 19- 

Under the emperors there was a particular officer ifl each 
legion, who had the charge of the camp, called PRiEf ^ctvs 
CASTRORUM, Tacit. Arm. 1 20. xiv. 37. //»/• ii- 2&* '^• 
get. ii. 10. 

A certain number (^maniples were appointed to keep 
guard at the gates, on the rampart, and in ^ber places of the 
camp, before the Pr*toriumy the tents of the Legally Qu«** 
tor, and tribunes, both by day and by night, {flgere €xcu* 
huis vel stationes et wgilm\ who wei^ changed tveO^ ^^ 
flours, PUyb. Vu 33* 



Discipline qfthc RoifAif$j tsPc- 405^ 

E-xcuBiAdenotes watches either by day w by night ; Vi- 
gil ii£, only by night Guards placed before the gates wer& , 
prf>perly called StationeSi on the rampart CusToi>iiE» 
. IM>. XXV. 40. xliv. 33. l&nistatio is also put for any post ; 
hciict, FfftaiFythagoras injmsu tmperateris^ id est ^ Zhi^ dd 
presidio ^ station^ vit^ deoedere^ Cic« Sen* 20. Wlioever, 
deserted his station was punished with death. Suet- Augm 
24. 

Every evenhig before the watches were set, Centequam 
vigHiar dispmerentur\ the watch- word (^.V^n^/ww) or private 
signal, by which they might distinguish friends from foes^ 
Dw. xliii. 34. was distributed through the army by means 
of a square tablet of wood in tl)e form of a die, called TES- 
SERA$ from its four comers, (Tfrtr«^i|, .a, quattwr). On it 
was inscribed whatever word or words the general cHose, 
which he seems to have varied every night, Polyb. vi. 32. 

A frequent watch- word of Marius was Lar Deus ; of 
Sylla^ Apollo Delphicus, and of Caesar, Venus Ge- 
^njLiy^ih,z. Serv. adVirg. Mip viiv 637. of Brutus, Li- 
bert as, Dio* 47. 43. It w^«is given {tessera data est) by the 
genei»l to the tribunes and prefects of the allies, by them 
to tliecenturions, and by tliem to the soldiers. The person 
who carried the Tessera from the tribunes to the centurions, 
was called Tesseearius, Tacit., Hist. 1 25. 

In this manner also the particular commands of the ge- 
neral were made known to the troops, JJv- vii. 35* ix. 32. 
xxvil 46. xxviii. 14. Suet. Gallh 6, which seems likewise 
sometimes to have been done viva voce^ Liv. xliv. 33. 

Every evening when the general dismissed bis <5hief offi- 
cers and fiiends;X«/« PHiRTORiUMdemiV/ffAaOi after giving 
them his commands, all the trumpets sounded, Xw. xxx. 5. 
xxi- 54. XX vi. 15- xxxvii^ 5. 

Certain persons were every night appointed to go round 
{circumire vel obirej the watches; hencep^Jled circui- 
tores, vel Circitares. This seems to have been at first 
done by the-equites, Liv. xxii. i- and tribunes* M xxviii, 
24- on extraordinary occasions by the kguH and general 
himself, Sallust^ /ug- 45. At last particular persons were 
cliosen for that purpose by the tribunes^ Veget^ iii- 8. 

The Romans used only wind-instrumenvs of mu^ic in th^ 



406 V ROMAN ANTIQUITIES. 

army. These were the TUBA, straight like our trumpet ; 
GORNU, the horn, bent almost round ; BUCCIN A, simi- 
lar to the horn, commonly used by the watches ; LITUUS, 
the clarion, bent a litde at the end, like the augur's staff, or 
fyum ; all of br jss : Whence those who blew thetn were 
called iENEATORES, Suet Jul. 32. The Tuba was 
used as a si crnal ffw the foot, tht lAtuus for the horse, Acton, 
ad HornK Od. i- 1. 23. but they are sometimes confounded, 
/^r?- Mn^ vi. 167. and both called Concha^ because first 
made of shells. Id 111. 

The signal was given for changing the watches Cvigiltis 
mutandis) with a trumpet or horn, (tuba\ Lucan- viii. 24. 
{buccina), Liv. vii. 35. Tacit- Hist, v- 22* hence adtrrtiam 
bucc\nam^ for i^igiliam, Liv- xxvi. 15. and the time was de- 
termined by hour-glasses, iper clepsydras\ Veget- iii- 8. 
Seep, 265. 

A principal pirt of the discipline of the camp consisted 
in exercises, (whence the army was called Exercitus), 
walking and running (<fcrttr.yfo) completely armed, Zrtf. xxiii. 
35' XXVI. 51- xxix. 22. Poli/h. vi. 20. leaping, swimming, 
Suet. Aug. 65- vaulting (jfl/ifio) upon horses of wood, Feget. 
i. 18. shooting the arrow, and throwing the javelin; attack, 
ing a wooden figure of a man as a real enemy, ^exercitta ad 
palutriy vel Palarxa), Juvenal- vi. 246. die carrying of 
weights, &c. Firg. G. iii. 346. 

When the general thought proper to decamp, icastra mo- 
vere), he gave the signal for collecting their bagigage, (coi- 
ligendi vasa\ whereupon all took down their teni^, (tabet' 
naeula detendebanf)^ but not till they saw this dorip to the 
tents of the general and tribunes, Pohjb. vt 'Upon t!*next 
signal, Aey put their baggage on the beasts of burdeiv and 
upon the third signal began to march ( first the extraorJbui' 
rii and the allies of the right wing with their baggage ; >en 
the legions ; and last of all, the allies of die left wing, wi^ a 
party of horse in the rear, fadagmen cogendum^ i-e. cS- 
gendumy to prevent strttggling), and sometimes on the flani^i 
in such order, fcomposito agmine^ non iiineri magis apj^i 
guam pr^bo), that they might readily be fcumed into the liii^ 
of battle, if an enemy attacked them. 

An army in close array was called Acmen pilatu>V 



DnoiVLiist of the Romans, is'c. 407 

^Serv, in Vitg. Mn, xiK 121. veljustumi Tacit* hist. i. 68J 
When under no apprehension of an enemy, they were less 
guarded, (agmine incautOy i. e- minus munito^ ut inter pacaios 
(Jucebaij sc. codsuI}^ Liv. xxxv. 4. 

The form of the army on march, however, varied accoi^ 
ing to circumstances and the nature of the ground, Liv. 
XXXV. 4 27. 28* It was sometimes disposed into a square, 
(agmen quADRATUAf), with the baggagt in the middle, 
Liv. xxxi, 37- sxxix. 30. Hirt. de bell Gall* viii. 8. l^acit. 
Ann. i. 51. 

Scouts (specuhtores) were always sent before, to reconnoi* 
tre the ground. Cad omnia exploranda)y Suet. Jul. 58. Sail. 
Jug. 46. A certain kind of soldiers under the emperors 
were called SPECULATORES, Tacit. Ht^U i- 24. 25- 27. 
ii. 11. 33. 73. Siwt Claud. 35. Oth^ 5. 

The soldiers were trained with great care to observe the 
military pace, fgradu militari incedere)^ and to follow the 
standards, (signa sequi). For that purpose, when encamped, 
they were led out thrice a-monih, sometimes ten, sometimes 
twenty miles, less or more, as the general inclined- They 
usually marched ^t the rate of twenty miles in five hours, 
sometimes with a quickened pace, igradu vel agmine cituto) 
twenty-four miles in that time, Veg^t. i.^. 

The load which a Roman soldier carried is almost incredi- 
ble, Virg. G. iii- 346. Horat. Sat ii. 2. 10. victuals (cibaria) 
for fifteen days, Cie, Tusc. ii- 15. 16, sometimes more, Liv. 
Epit. 57. usually com, as being lighter, sometimes drest food* 
{coctus cibus)y Liv. iii» 27. utensils, iutensilia)^ ib. 42- a saw, 
a basket, a mattock, (rutrwnJ^ an ax, a hook, and leathern 
thong, (/iffc et lorum ad pabulandum)^ a chain, a pot, &c. 
Dv. xxviii. 45- Horat- Upod. ix. 13. ^jiakes, usuidly three or 
four, sometimes twelve, Liv- iii- 27. the whole amounting to 
sixty pounds weight, besides arms ; for a Roman soldier 
considered these not as a burden, but#s a part of himself, 
(or ma membra milites ducebant ) y Qxc. liXx^. \\. \&^ 

Under tUs load they commonly niched tiventy miles a- 
day, sometimes mcx-e, Feget. i.. 10. Sf^arhan. Adrian. 10. 

There were beasts of burden for carryuig the teiUs, mills, 
baggage, &c. (Jumenta sarcinaria, Cas. B* C. i. 81.) 
The ancient Romans rarely ,uscd waggons, as being more 
cumbersome, Sallust Jug. 45. 



40d nOMAN ANTIQUITIES. 

The general usually marched in the centre, sometimtes in 
the rear, or wherever his presence was necessary, Ibut et 
Folyb. X. 22. 

When they came near the place of encampment, some tri- 
bunes and centurions, with proper persons appointed tor 
that service, (cum metatoribusj, were sent before^ to mark 
out the ground, and assign to each his proper quarters, which 
they did by erecting flags fvexiUa) of different colouis in 
the several parts. 

The place for the general's tent was marked with a white 
flag : and when it was once fixed, the places of the rest fol- 
lowed of course, as being ascertained and known, Polyk. \u 
39. When the troops came up, they immediately set about 
making the rampart, (vallum jaciebanl)^ while part of the ar- 
my kept guard {presidium agitabant\ to prevent surprise* 
The camp was always marked out in the same manner, and 
fortified, if they were to contmue in it only for a jsinglc 
night, Joseph, bell. Jud. nu 6. 

IV. The ORDER of BATTLE, and the diferem 
STANDARDS. 

npHE Roman army was usually drawn up in three lines^ 
-■- ftriplice acie,^ft\ tripHcibus subsidiisy Sallust Jug- 490 
each several rows deep. 

The Hastati were placed in the front line, fin prin^a acie, 
yel in prindpiis) the Prindpes in the second ; and the Tri- 
arii or Pilani in the third ; at proper distances from one ano- 
then The Frzncipes are supposed anciently to have stood 
foremost : hence post principia, behind the first line, 7Vr. 
Eun. iv- 7. 11. Liv. ii. 65. iii. 22. viiL 10. Transvorsis 
prindpiis, the front or first line be^ng turned into tlie flank, 
Sallust. Jug. 49. Liv. viii. 8. xxxvii. 39. 

A maniple of each kind of troops was placed behind one 
another, so that eachjegion had ten maniples in front. They 
were not placed directly behind one another as on march, 
(agmiiie quadratoJ^ but obliquely, in the form of what is 
called a Quincunx, Vir. G. ii. 279* unless when they had to 
contend with elephants, as at the battle of Zania, Polyb. xv. 
9. etAppian, Liv. xxx. 33. ITiere were certain intervals or 
s^^aces ( YI^) not only between the Iktes, but Bkewisc be. 



Order q/* Battle, &V* 409 

iweeri the maniples. Hence ordines expHcarej to ^orange in 
order of battle, Liv. ni. 60. and in the maniples each m«n 
had a free space of at least three feet, both on the side and 
behind, Polyb. xvii. 26- 

The Felites were placed in the spaces or intervals {in vi- 
is) between the maniples, Lao. xxx* 33» SalkisU ibid, or on 
the wings, xlil 58. 

The Roman legions possessed the centre, (mediam aciem 
tenebant)^ the allies and anxiliaries the right and left wings» 
icornua\ Iav. xxxvii* 39. The cavalry were sometime^ 
placed behind the foot, whence they were suddenly let out 
on Ae enemy through the intervals between the maniples, 
Zav. X. 5. but they were commonly posted on the wings, 
Xm- xxviii. 14. hence called ALiE, Gell. Kvi. 4. PHn. ep' 
7. 30. which name is commonly applied tb the cavalry of 
theallies, ialarii vel alarii eqiutesJ^ Liv, xxxv. 6. Cic. Fam. 
ii. 17- when distinguished from the cavalry of the legions, 
fequites legionarii\ Liv. xl. 40. Caes. B. G. i« 41. and like- 
- wise to the auxiliary infantry, fcohortes aiaresv^alariai)^ 
JLiv. X. 40. 43. Cais. B. C. i. 65. ii. 16- 

This arrangement however was not always observed. 
Sometimes all the different kinds of troops were placed in 
the same line- For instance, when there were two legions^ 
the one legion and its allies were placed in the first line, and 
the other behind as a body of reserve* (in suhsidiis vel pr^jf- 
dus)i Liv. xxvii. 2. 12. xxix- 2. xxx. 18- This was called 
AciEs DUPLEX, CiCs* B. C. i. 75' Sallust. Cat. 59, when 
there was only one line, Agies Simplex^ Cas. B. G. iii* 
25. ^Jr. 12- 53. Some think, that in latter times an army 
was drawn up in order of battle, without any regard to the 
division of soldiers into different ranks. In the description 
of C«s2ff's battles tliere is no mention made of the soldiers 
being divided into Ilastati, Principes^ and Triarii, butjonly 
of a certain number of legions and cohorts, which Ccesat 
generally drew up in three lines, Cas. B.G. i. 19- 41. ii. 
22. iv. 11, B' O i. 57. 75. iii. 74. Afr. 53. "So SallusU Cat. 
59. Tacit. Hist, il 24. In the batde of Pharialia he form- 
ed a body of reserve, which he calls a fourth line, (quAE- 
TAM ACiEii instituii)y to oppose the cavaliy of Pompey^ 
which indeed determined the fortune of the day<, A C-iii» 

3H 



4ift ROMAN ANTIQUITIES. 

*f6. This was properly called AciEs cyjADRtrPLEX } a^; 
J?. J/r. 58. 

In the time of C«sar the bravest troops were commonly 
placed in the front, Sallust. et Cits- ibid, contrary to the an- 
cient custom. This, and various other alterations in the 
tnilkary art, are ascribed to Marius. 

AciEs is put not only for the whole or part of an army 
in order of battle ; as, jlciem instruete, aqtiare, exarrmre^ 
explicare^ extenuate yjirmare^ perturbare^ instmirare^ res- 
iituere^ redintegrare^ &c. bat also for the battle itsdf, CVc* 
Fam- vi. 3. Suet- Aug, 20. Commissam aciem secutus est 
tcrraa tremor^ there happened an earthquake after tfie fig^ 
was begun, Flor. ii. 6. Post acres primas^ after the first bat- 
iky Ovid. Met. xiii. 207 .Each century, or at least each man- 
iple, had its proper standard and standard-bearer, Forro^ de 
Lat. bng. iv. 16- Lw* viii- 8. Veget. ii. 23i Hence nnhtes 
signi uhius^ of one maniple or century, lAv. xxv. 23. xxxiii. 
1. 9- Reliqiia signa in subsidio artius callocat^ he places the 
test of the troops as a body of reserve, or in the second line 
more closely, SdlUst. Cat. 59. signa inferre^ to advance ; 
eonvertere^ to face about, C^s- B- G. i- 25. effetrci to go 
out of the camp, Uv. xxv. 4* a signis diseedere^ to desert, 
Ibid. 20. referre , to retreat ; also to recover the standards, 
Firg. Mn* vi. 826. signa conferred vel signis colhHs confix- 
gercj to engage ; dgnis <nfestis inferrU ire vel ineedere^ to 
march against tihe enemy ; urbem intrare sub signisj Lav- 
iii. 51. sub signis legiones ducere^ in battle (xtler, Cit. Att* 
xvi- 8- signa infesta ferre^ to advance as if to an attack, 
Virg. jEn- v- 582. 

The ensign of a manipulus was anciently a bundle of hay 
en the top of a pole, fSeep* 3 95 J whente miles tnanipuk' 
res J a (common soldier, Oxnd* Fast.m. 116* Afterwards a 
spear, with a cross piece of wood on the top, sometimes tihc 
figure of a hand above, probably in allusion to the word 
tnanipulus ; and belot^, a small round or oval shield, comw 
iponly of silver, P/m. xxxiii. 3. also of gold, Herodian. iv. 
7. on which were represented the images of the wariike dei- 
ties, as Mars or Minerva ; and after the extinction of liber- 
ty, of the emperors, Tadt Ann. i. 43. Hist, i- 41. iv. 62. 
ifr of their favourites, Suet. Tib. 48* Col. 14 Henoe^ 



Order q/* Battle, (s'c. 41|. 

vStandards were called Numina legimum^ and worshipped 
with religious adoration, Suet. CaL 14. Vit. 2. Tacit. Ann^ 
i. 39. Veget* ii. 6. The soldiers swore by them, Lucan. u 
374. 

We read also of the standards of the cohorts, Liv. xxvii. 
15. C^ts. B. G. ii. 25. Tacit^ Ann. i. 18. Hist. i. 41- as of 
prefects or commanders of the cohorts, Sallust. Jug. 46. 
But then a whole is supposed to be put for a part, cohortes 
for manipuli or ordines^ which were properly said ad signa 
cohvemre et continerU C^s- B. G. vi. L 31, 37. The divi» 
^118 of the legion, hoxvever, seem to have been different at 
difierent times^ Caesar mentions 120 chosen men of the 
same century, B. C. iii. 76- and Vegetius makes manipU" 
/c^^ the same with contubemium^ ii. 13. It is^ at least cer- 
tain that there always was a diversity of ranks, Or dines 
iNFRiiiOREs ET supERiORES, Cas. B. G. vi- 34. Tacitf 
Hist. i. 52. iv^ 59. and a gradation of preferments, Ordi- 
y£8 . vel gradus mUitia^ Ibid, et Cacs. B. C i. 44- Suet- 
Cland. 25* The divbions most frequently mentioned are 
Con.o%Tis,%^battalums of foot, and Tubma, troops of horse^^ 
CiC' Marcel. 2. Fam. xv. 2. Att. vi- 2. Cohors is som&. 
times applied to the auxiliaries, and opposed to the legions, 
Tacit. Hist, iv 89. v. 18. It is also, although more rarely^ 
applied to cavalry, Plin. Mp* x. 107. 
. The standards of the different divisions had certain letters 
inscribed on tbeip,tQ distinguish the on^ from the other, P^e^ 
set \u 13- 

The standard of the cavalry was called VEXILLUM, a 
flag CM" banner, i. e. a square piece of cloth fixed on the end 
of a spear, Liu. used also by the foot, dies. B. O. vi. 33- 37.' 
particularly by the veterans who had served out their time, 
but under die emperors were still retained in the army, and 
fought in bodies distinct from the legion, under a particular 
standard of their own, Cstib vexillo, hence called VEXIL^r 
LARIl), Tacit. Ann. i, 17. 26. 36. 38. But Vexillum oc 
Vexillatio is also put for any number of troops follouing one 
standard, Tacit. Hist.l ^\. 70. Suet. Galb. 18- Stat. Theb. 
xvk. 782. 

To lose the standards was always esteemed disgraceful, 
M%g]^urn perdere crimen erat, Qvid. Fast, iii 114.) p^^- 



. 41^ ROMAN ANTIQUITIES. 

ci^hffly to the standard-bearer, des. B- G. iv. 23' v. 29. jB. 
C. i. 54. sometimes a capital crime, Lw. ii« 59. Hence, to 
animate the soldiers, the standards were sometimes thrown 
anK)ngthe enemy, Liv. iii. 70. vi. 8. xxv. 14* xxvi. 5. 

A silver eagle, with expanded wings, on the top of a spear, 
sometimes holding a thun derbolt in its claws, with the fi- 
gure of a "small chapel above it, Die. xl. 18. was the com- 
mon standard of the logion, at least after the timeof Mari- 
us ; for before that, the figures of other animals were usedi 
Flin. x. 4. s- 5- Hence AQUILA is put for a legion, Cas, 
Hisp. 30. and aquUa signaque for all the standards of a le- 
gion, TaciU passim. It was anciently carried before the first 
maniple of the Triariiy but after the time of Marios, m tlie 
jirst line, and near it was the ordinary place of the general, 
Sallust Cat. 59. almost in the centre of the army, thus, Me- 
dio dux agmine Turnus vettitur arma tenens , Virg. jEn. 
ix. 28. usually on horseback, Lttx. vi. 7. Salt. Cat, 59« Cas^ 
fi. GalLu 25. So likewise the Legati and Tribunes, Ibid, 
& Cf*. vii. 65. 

The soldiers who fought before the standards, or in the 
first Ime, were called ANTESIGNANI, Liv. ii- 20. iv. 37. 
vii. 16. 33. ix. 32. 39- xxii. 5. xxx. 33. desB. C i. 41- 52. 
Those behmd the standards, {post signaj POSTSIGNA- 
NI, Liv.vm. 11. Frontin. Strateg. i. 3. 17. vel SUBSIG- 
NANI, Tacit. Hist i. 70. but the iJaijf^wafii seem to have 
been the same witli the Vexillarii^ or privileged veterans. 
Id. iv. 33. Ann. i. 36. 

The general was usually attended by a select band, c^- 
cd COHORS PRETORIA, Cic. Cat. \v 11. Fam. x. 
SO. Sallust' Cat. 60. Jug, 98. first instituted by Scipio Af- 
ricanus, Festus; but something similar was used long be- 
fore that time, Liv. ii. 20«not mentioned in Caesar unless 
bytheby,if. G. i. 31. 

When a general, after having consulted the auspices, had 
determined to lead forth his troops against the enemy, a red 
flag was displayed, (vexillum vel signumpugn^ propaneba- 
tur^) on a spear from the top of the Pr^torium^C^s. de bell. 
G. ii. 20. Liv* xxii. 45. which was the signal to prepare for 
battle. Then having called an assembly by the sound of a 
- fmmpetj Cclassico^ I c. tuba eonciohe advocaiti^ Liv« iii» 62; 



Orijhr (/Battle, Cs?^. 4lft 

vii. 36- viii. 7. 32,) heiisrw^igiiQd falloquebaturj the soU 
diers, who usually signified their approbation by shouts, by . 
raising their right hands, t6. ^Lucan. u 386, or by beating oa\, 
their shields with their spears. Silence was a mark of timi- 
dity, Lucan* \u 596. * This address was sometimes made 
in the open field from a tribunal raised of turf, (c tribunal 
cespkitio aut viridi cespite extructo,) Tacit. Ann. i. 18. 
Plin* Paneg. 56. Stat Silv. v. 2. 144. A general always ad- 
dressed his troops by the title of milites: Hence Cssssar great* . 
ly mortified the soldiers of the tenth legion, when they de- 
manded their discbarge, by calling them Quirit£s instead 
of Milites, Dio. xlii- 53. Suet. Cass- 70. 

After the harangue all the trumpets sounded, fsi^na cane^ 
bant J which was the signal for marching, Lucan. ii. 597* 

At the same time the soldiers called out To arms^ (ab 
AHMA conclamatum est. J The standards which stood fixed 
in the ground were pulled up, fconvellebanturj Liv» iii. 
50. 54- vL 2,^'Vxrg' Mn. xi. 19. If this was done easily, it 
was reckoned a good omen ; if not, the contrary, Liv. xxii. 
3. Cic.drv. i. 35. Fal. Max. L 2. 11. Lucan. vii. 162* 
Hence, AquiU prodirenolentes^ the eagles unwilling to move, 
JFlor. ii- 6. Dio* xl- 18. The watch-word was given, (signum 
datum est J 9 either viva voce^ or by means of a tessera^ C«s! 
de B. G. ii» 20. de B. Afiric. 83. as other orders were com- 
municated, Liv^ V. 36. xxi. 14. In the mean time many of 
the soldiers made their testaments, (inprocinctUj see p. 62.) 
Geil. XV. 27. 

When the army was advanced near the «nemy (intra teU 
conje^tum^ unde aferentariis praltum cammitti posset J the 
general riding round the ranks, again exhorted them to cou- 
rage, and then gave the signal to engage. Upon which all the 
trumpets sounded, and the soldiers rushed forward to the 
charge with a great shout, {maximo clamore procurrebant 
cum signis vel pilis infestis^ i. e, in hostem versis vel flferec- 
ft>,y Sallust. Cat 60.,Caes- B* Civ. iii. 92. Liv. vi. 8- &c., 
Dio- xxxvi. 32. which they did to animate one another and 
intimidatietlie enemy, Gpj. ibid. Hence primus clamor atgue 
impetus rem decrevit^ when the enemy were easily conquer, 
ed, Lm. xxv. 4. 

The Fetites first began the battle ; ^nd wheo repulsed re- ^ 



AU HOMAN ANTIQUITIES. 

treated eithar through thie intervab between the filjes,, (per inl 
tervalla ordinum^J or by the flanks of the army, and rallied 
in the real"- Then the Has tat i advanced ; and if they wcrp de- 
feated, they retired slowly ipresso pede) into the intervals of 
tlie ranks of the Principes^ or if greatly fatigued, behind diem. 
Then the Prmeipes engaged ; and if they too were defeated, 
the Triarii ro^ up, (consurgebakt :J for hitherto they conti« 
nued in a stooping posture, isubsidebant^ hinc dicti sua si - 
DiA, Festusy) leaning on their right knee, with their left leg 
^Mretched out, and protected with their sliields ; hence Ad 
TRiARios vENTUAf EST, it is come to the last pusb» Xci^. 
viii. 8. 

The Triarii receiving the Hastaii and Prmeipes into the 
void spaces between their tnanipulij and closing their ranks 
/oomprems ortUnibusi) without leaving any space between 
them, in one compact body (una cqntinente agmine) renewed 
the combat . Thus the enemy had several fresh attacks to 
sustain before they gained tlie victory. If the Triarit were 
defeated, the day was lost, and a retreat was sounded, (recep- 
tui fectnerunt,) Liv. viii. 8- 9. 

This was the usual manner of attack before the time of 
Marius. After that several alterations took place, which, 
hoi^evcr, are not exactly ascertained. 

The legions sometimes drew lots about the order of their 
march, and the place they were to occupy in die field, Ta- 
cit. Hist. ii. 41. 

The Romans varied the line of battle by advancing or 
withdrawing particular parts* They usually engaged with 
a straight front, {recta fronte, Festus ; vcl aquatis/ronttbust 
Tibiill. iv. 1. 103. (acies directa.) Sometimes the 
wings were advanced before the centre, (acies sikuataO 
Seneca de beat* Fit. 4. Liv. xxtiii. 14. which was the usual 
method, Plutarch, in Mario ; or the contrary, ^acies cib- 
BERi: vtljlexaj which Hannibal used in the battle of Can- 
Me, Iav. xxii. 47- Sometimes they formed themsdv^s into 
the figure of « wedge, (CUNEUS vel tngonum^ a triangle j 
tailed by the soldiers Caput porcinom, Kke theGi^k 
letter Ddta, A. Zw- viii, 10. Qmnctil ii. 13. Tir^. xii. 269. 
457* C^. vi. 39. So the Germans, Tacit. 6. and Spaniards^ 
Uv. xxxix* 31. But cuneus i« also put for any close bod^i 



Military Rewards. 415 

as the' Macedonian phalanx, Liv. xxxii. 17. Sometimes 
they formed themselves to receive the cuneus^ in the foml 
of a FORCEPS or scissors ; thus, V, Gell. x. 9. Feget. \U 
19. 

When surrounded by the enemy, they often formed them- 
selves into a round body, (ORBIS vel GLOBUS, hence or- 
6es facere vel volvere; in orbem se tutari vel conglobare^) 
Sallust. Jug. 97. Lw. ii. 50. iv. 28. 39. xxiii. 27- di^s. B. 
G. iv. 37. Tdctt. Ann- ii. 11. ^ 

When they advanced or retreated in separate parties, with* 
odt remaining in any fixed position, it was called SERRA, 
Festus. 

When the Romans gained a victory, the soldiers with 
ishouts of joy saluted their general by the title of IMPERA- 
TOR. (Seep. 175.) His lictors wreathed theiryojc^* with 
laurel, Plutarch, in LucuU. as did also the soldiers their 
spears and javelins, Stat' Sylv. v. i. 92. Martial- vii* 5. 6. 
PRn. XV- 30. He immediately sent letters wrapped round 
with laurel {litera laureate) to the senate, to inform them rf 
his success, to which Ovid alludes, jimor. i. 11. 25. and if 
the victory was considerable, to demand a triumph, Liv. xlv. 
1. Cic. Pis. 17. jitt' V. 20. Fam. ii. 10. Appian. b. Mthrid. 
p. 223. to which Persius alludes, vi- 43. Letters of this kind 
were seldom sent under the emperors, Dio, liv. 11. Tacit% 
AgriC' 18. If the senate approved, they decreed a thanksgir^ 
ing {supplication vel suppliciuntj vel gratulatiOj Cic. Marcelh 
4. Fam. ii. 180 to the gods, and confirmed to Ae general 
the title of Impcrator^ which he retained till his triumph or 
iieturn to the city, Cic. Phil. xiv. 3, 4, 5. In the mean time 
his Bctors having the fasces wreathed with laurel^ attended 
him, Ib^ 

V. MILITARY REWARDS. 

AFTER a victory, the general assembled his troops, anfl 
in presence of the whole army bestowed rewards cm 
those who deserved them* These were of various kinds. 

The highest reward was the civic crown, (CORONA 
GIVIC A), given to him who had saved the life of a citiaen, 
GelL v. 5. LiV' vi- 20. x. 46. with this inscription, ob cive m . 
^iiftVATVW,vel ^cirtos^SenwclemA'^.m^dc ofoak-feavi^. 



416 ROMAN ANTIQUlTlfeS. 

Ufrondequernaj hence called Quercus cixfUis^ Virg- -^n* vi, 
772. ) an4 by the appointment of the general, presented by the 
person who had been sav^, to his preserver, whom he ever 
after respected as a parent, Cic. Plane- 30. Under the em- 
* perors it was always bestowed by the prince iimperatoria 
fnanu)y Tacit. Ann. iii. 21. xv. 12. It was attended wiA 
particular honours- ''The person who received it wore it at 
the spectacles, and sat next the senate. When he entered, 
die audience rose up, as a mark of respect, iineunti eHan a6 
€enatu assurgebaiur)^ Plin. xxi. 4. Among the honours 
decreed <to Augustus by the senate was this, that a ciuic crewn 
should be suspended from the top of his house, between two 
laurel branches, which were set up in Uie vestibule before the 
gate^ as if he were the perpetual presa:ver of his citizctis, and 
the conquerer of his enemies, /Ko, liii. 16. FtU. Max. iL 8. 
ifti. Ovid. Fast. i. 614: iv. 953. Trist. iii. 1. 35 — 48, So 
Claudius, Suet. 17. hence, on some of the coins of Augus- 
tus, there is a civic crown, with these v/ords inscribed, ob 

CIVES SERVATOS. 

To the person who first mounted the rampart, or entered 
flie camp of die enemy, was given by the .general a golden 
crown, called Corona Vallaris vel Castrensis, VaL 
Max- 1. 8» To him who first scaled the walls of acity in an 
assault, CoRojfA MuRALis, Liv. xxvi. 48. yAio first 
boarded the ship of an enemy. Corona Navalis, i^ef- 
tus, Oeli. v- 6. 

Augustus gave to Agrippa, after defeating Sextus Pom* 
peius in* a sea-fight near Sicily, a golden crowm, adorned 
witli figuresof the beaks of ships, hence called Rostrata, 
Virsr* viii. 684* said to have never been given to any other 
person, Liv, Epit. 129- Patere. ii- 81. Dio. xlix. 14. but ac* 
cording to Festusfn voc. Navai.1, and Pliny, vii. 30. xvi. 
4. it was also given to M. Varro in the war against the pi- 
Tales by Pompey ; btit Ihey seem to confound the corona 
rostratafoid navalis, which others make different. So also 
Suet. Claud' 17. 

When an army vras freed from a blockade, the soldiers 
gave to their deliverer Cei duci, qui hberavit^ Oell. v. 6- at 
crown made of the grass which grew in the place where 
^y had been blocked up ; hence called graminea cdrotai 



OBSIDJONALIS, Zw. yU- 37. P&n. xxii. 4, 5. This 
of all military honours was esteemed the greatest- A few^ 
vrho had the singular good fortune to obtain it^ are recount- 
ed, lb' 5. & 6. 

Golden crowns weloe also given to officers and soldiers 
who had displayed singular bravery; as to T. Manlius 
Torquatus, and M * Valerius Corvus, who each of them 
slew a Gaul in single combat, Uv. vii. 10. 26^ to P- De« 
cius» who preserved the Roman army from being surround- 
ed by the Samnites^ /^f- 37. and to others, x, 44. xxvi* 21. 
XXX. 15. 

There were smaller rewards ipremia minora) of various 
kinds ;*as» a spear without any iron on it, f Hasta Pura)^ 
f^irg* Mn. vi. 760. Suet. Oaud- 28. — a flag or banner, L e* 
a streamer on the end of a lance or spear ( VEXILLUM^ 
quasi parvum velum ^ Serv. in Vii^. JEn. viii. 1. of differ- 
ent colours, with or without embroidery, (auratum yel pu* 
rum). Sail. Jug. 85. Suet. Aug. 25. — ^Trappings, flPHA- 
LERiE,) omaments for horses, Vitg. Mn. v. 310. Li v. xxii. 
52i and for men, Lio. ix« 46. Cm?. Ait. xvL 17. Vert. iiL 
80. iv. 12,— Golden cha'uis (Awea TORQUESJ, Toa^. 
AnncA ii. 9. iii* 21. Juvenal, xvi. 60. which went round the 
neck, whereas the Phalera hung down on the breast, iSii/* 
ItaL xy. 52 — Bracelets (ARMILLiE), omaments for the 
arms, Liv. x. 44 — CoaNicuiA, omaments for the hel« 
met in the form of horns, Ibid. — C ATELL-^E vel Caiem^ 
te, chains composed of rii^ ; whereas the Tarqueg, were 
tvyisted Cfart^J like a robe, Liv. xxxix. 31. — FiBULiE, 
clasps, or buckles for fastening a belt or garment, Ilnd* 

These presents were conferred by the general in presence 
of the army ; and such as received them, after being public- 
ly praised, were placed next him, SaL Jug. 54. Liv. xxiv. 
16. Cic. Phil' V. 13. 17. They ever ^ter kept them wilh 
t^at care, and wore them at die dpectaples and on all pubi^ 
lie occa^ons^ Liv. x. 47. They first wore them ^ tbe 
games, A. U.459 lb' 

The spoils (SPOLIA> vel EwuvU) taken from tlie ^ne-,^ 
my^ were fixed up.on their doc^.posts, or in this i»ost ooiv ^ 
spicuous part of their bouses» Ftrg. J&n* ii. 5Q4. lAv^ 
Wfila.23* _ > 

3 r 



416 ROMAN ANTIQUITIES 

When the general of the Romans slew ^general of thfr 
• ilhemy in single combat, the spoils which he took feom him 
qUii dux dud detraxtt\ were called SPOLIA OPIMA, 
, (ab OpCy vel opibusj Festus). Liv. iv. 20. and hung up ia 
the temple of Jupiter Feretrius, built by Romulus, and re- 
paired by Augustus, by the advice of Atticus, JVep. m vit* 
20. These spoils were obtained cmly thrice before die fall 
of the republic ; the first by Romulus, who slew Acron king 
of the C«ninenses, Liv. u 10. the next by A* Cornelius 
Gossus, who dew Lar Tolumnius.king of the Vejentes, A. 
tJ..318. Liv' iv. 20. and the third by M. Claudius MarceU 
lus, who slew Viridomarus, king of the Gauls, A- U. 530. 
Liv. EpiL XX. Firg. Mn- v\. 859. Plutarch in Mmre^Uo ; 
Propert. tv. 11. 

' Floras calls the spoils Opiu a, which Scipio j^miliamisb 
tvhen in a subordinate rank, took from the king of the Tur^ 
duK and Faccai in Spain, whem he slew in ^ngle combat» 
ii. 17. but the Spoiia Opima could properiy be obtfdnedon^ 
}y by a person invested with supreme command, JOio, li«. 

" Sometimes soldiers, on account of their bravciy , received 
a double share of com, {duplex frumentum)^ which they 
might give away to whom they pleased ; hence called DU- 
PLICARII, lav. ii. 59. vii. 37. also double pay {duplex ^ti- 
pendium\ clothes, Uc. C^s. bell do. iii« 53« <^ed by Ci- 
cero DiAEiA, An. viii. 14. 

.- / • /: VI. A TRIUMPH. 

THE highest military honour, which could be obtain^ in 
the Roman state was a TRIUMPH, or solemn proces- 
sion, with which a victorious g^eral and his army advanc- 
ed through the city to the. Capitol ; so called from ^fi^mt^n. 
1^ Greek name of Bacchus, who is said to have been the in- 
ventor of such precessions, Farro de Lat. ling. v. 7. Plin. 
vii. 56. & 57. It had its originat Rome» from Romulus car- 
rying the Sp<^ opima m procession to the Capitol^ Dkmys* 
ii. 34. »id the first who entered the city in the fiyrm of a le- 

Jular triumph was Tarquinius Priscuait Imi. i. 38. ^ next 
\ Valerius, Im. iir 7. and the first who triumphed after the 
es.piration of his magistracy, faf^to homreX wa$ Q« Publv 
fosPhilo»/(/«viiL2& 



A TgttriacpK. 41* 

A triumph was decreed by the aenate, and sometimes by 
the people against Ae will of the senate, Liv. iiu 63. vii. 17* 
to the general who» in a just war with foreigners, (jusi9 
ei hostUi betloy Cic. Dejot- 5.) and in one battle, had slain 
above 5000 enemies of the republic, andby that victory had 
enlatged the limits of the en4)ire, Fid* Max. lu 8. Whence a 
triumph was called Justus^ which was fairly won, Cic. PiSf 
19* J&r. Od. I. 12. 54. And a general was said triumpkare 
et ag;ere vel deportare triumpkum de vel ex aUqup ; trium- 
phareakquem vel aliquid^ Virg. -^n. vi. 836* Plhu v. 5. cfer* 
eere^ partare, vel agere eutn in triumpho* - 

There was no just triumph for a victory in a civil war, 
Vid. Max^ ii- 8* 7. Flor. iv. 2. Duh xlii. 18. hence, Bella geri 
placuit nullos habitura triumphos? Lucan. i. 12. although, 
thbwas not always observed, Liv. Epiu 115. 116. 133, 
PBn. Paneg. 2. Die. xliii. 19. nor when one had been first 
defeated) and afterwards only recovered what was lost, Orojf* 
iv. nor anciently could one enjoy that honour, who was in. 
vested with an extraordinary command, as Scipio in Spam, 
Uv. xxviii. 38. xxxvi.20. nor unless he left his province in 
a state of peace, and bro.ught from thence his army to Rome 
along with him, to be present at the triumph, Liv. xxyi. 2L 
xxxL 49« xxxix. 20. xlv« 38. But these rules were some^ 
timesviolated,particularlyinthecaseof Pompey, FaL Max^ 
viii. 15. B* Dio^ xxxvii. 25. 

There are instances of a triumph being celebrated witliout 
either the authority oi the senate, or the order of the people^ 
LiV' X. 37. Oros. v. 4. Cic. CcaL 14. Suet Ttb. 2^ FaL 
Max* v*4. 6. and also when <io war was carried on, Liv. ocl 
36. 

Those who were refused a triumph at Rome by public 
atitfaority, sometimes celebrated it cm the Alban mountain. 
This was first done by Papirius Naso, A. U. 522. FaL Max. 
VOL. 6'' 5. whom several afterwards imitated, Liv. xxvi* 2L 
xxxiii. 24- xlii- 21. xlv. 38. 

As no person could enter the city while mvested with mi* 
litary connnand, generals, on the day of their triumph, were^ 
by a particular order of the people, freed from that restric* 
tion, (W «>, quo die urbem iriumphmOcs inveherentur^ im^ 
ptrmm t9$€t) J hiy, 3;lV'35- 



420 ROMA*N ANTIQUITIES. 

The triumphal procession began from the Campus Mar^ 
iius ; and went from thence along the Fia Triumphaluy 
through the Campus and Circus Flaminms to the Porta Tri- 
umphaRs ; and thence ^through the most puUic places of 
the city to the Capitol- The streets were strewed with flow, 
ers ; and the altars smoked with incense^ Oxnd. Trist. iy« 2. 
4. 

First went musicians of various kinds, singing and play- 
irtr triumphal songs ; next were led the oxen to be sacrificed, 
having theii: horns gilt, and their heads adorned with fiU^ 
and garlands ; then in carriages were brought the spoils tak- 
en from the enemy, statues, pictures, plate, armour, gold 
and silver, and brass ; also golden crowns, and other gifts 
sent by the allied and tributary states, Liv. xxxiii* 24. 
atxxvii. 58. xxxix. 5. 7. xl. 43. xlv* 40. Vtrg. jEn. viii; 
720. The titles of the vanquished nations were inscribed 
on wooden frames, (in /erculis\ Suet. Jul. 37. Cic. Off 
i. 36. and the images or representations of the conquered 
cotmtries, cities, .&c. Zw. xxvL 21. Qiiinctil. vi, 3. Ptbu 
y. 5. Ovid. Pont- ii. 1. 37- iii. 4. 25- Art. Am. i. 220. Flor. 
iv. 2. . The captive leaders followed in chains, with their 
children and attendants ; after the captives, came the 
fictors, having their y!wrtf J wreathed with laurel, followed 
by a great company of musicians and dancers dressed 
' like satyrs, and wearing crowns of gold ; in the midst 
of whom was a Pantomime^ clothed in a female garb, 
whose business it was, with his looks and gestures, to insult 
the vanquished. Next followed a long train of persons car- 
rsring perfumes, {suffimenta). Thencametheger^ral (DUX) 
drest in purple embroidered with gold, {togapicta et tunica 
palmatd)y with a crown of laurel on his head, Iav* ii. 47. x. 
8- Dwnys. v- M^Plin. xv. 30- v. 39- a branch of laufd in bis 
right hand. Pint, in JEmiL and in his left an ivory soeptie, 
with an es^le on the top, Juvenal, x- 43- having his face 
painted with vermiUion, in like manner as the statue of Ju-t 
piter on festival days, Phn. xxxiii- 7. $. 36. and a gokka 
ball (flurea bulla) hanging from his neck on his breast, with 
5ome amulet in it, or magical preservative agaioat ^ivy, 
Macrob. Sat. i. 6« standing in a gilded chariot, Otans in 
Ptirru auratd)y Liv. v« 23. adorned with ivoiy, Omd^Ptfot, 



^ A TRIXTMP.Hr ^ 48i. 

ill. 4. 35- Juaenal- viii. S« and drawn by four ivhite hcncses^ 
Ovid' Art i. 214. at least after the time of CamiUuSf Liv^ y. 
23. sometimes by elephants, Plin. viii 2- attended by hi& 
relations. Suet, Tib. 2- Domiu 2. Cic. Muran. 5. and a 
great, crowd of citizens^ all in whihe, Juvenal, x. 45. His 
children used to ride in the chariot with him, Liih xlv. 40* 
Appian. de Pumc^ and, that he might not be too much ela- 
ted^ ine sibi placeret), ^ slave, carrying. a golden crown 
sparkjyuig with gems, stood behind him^ who frcquentiy- 
whispered in bisicar, Remember that thou art a.. 
MAN I P/m- xxxiii- !• s* 4. Juvenal, x. 41. Zonar. ii. TVr- 
tulL Apolog: 33. After the general, followed the consuls 
and senators on foot, at least according to the appointmeqt 
of Augustus ; for formerly they used to go before him^ 
Dio. li. 21. His legati and military tribunes commonly 
rode by his side, Cic- Pis. 25* 

The victorious army, horse and foot, came last^ all iiv 
their order, crowned with laurel, and decorated with the^ 
gifts which they had received for their valour, singing their 
own and their general's praises, Uv. v* 49. xlv. 38. bu^ 
sometimes throwing out railleries against him, Suet. Jul^^ 
49. 51. Dtonys* ^ii. 72. Martial, u.5. S. often exclaimingt 
lo Triumph £, in which all the citizens, as they passed a^ 
Ions, joined, Horat Od- iv. 2. 49. Ovid. Tmt. iv. 2. Sip 
Amor* i. 2. 34. 

Tiie general, when he began to turn his chariot from the 
Forum to the Capitol, ordered the captive kings and leaders 
of the enemy to.be led to prison, and there to be slain, C^., 
Verr. v. 30. Xw. xxvi. 13. Dib. xl. 41. 3i:liii. 19. but not 
sdways, Appian. de bell. Mxtknd. 253. Lio. xlv. 41, 42. an4 
when he reached the Capitol, he used to wait till he heard 
that these savage orders were executed, Joseph, de bell. Jud^ 
Yii. 24. 

Then, afber having offered up a prayer of thanksgivinig tq 
Jupiter and the othier gods for his success, he commanded 
Ae victims to be sacrificed, which were always white, Ovid.^ 
ibid, from the river Clitumnus, Hrg* O. ii. 146. and depos-. 
ited his gold^ crown in the lap of Jupiter, {in gremio Javis)^ 
Senec Helv. 10. to whom he dedicated p^ of the spoils^ 
Pkf^XY^ 30. xxxY. 40* Aftev which he gave a magnificent 



4^2 , ROMAN ANTIQUiTIES- 

efiteftainment in the Capitol to his friends and the chirf mcu 
of the cky • The consuls were invited, but were afterwards 
desired not to come, iut venire super sederenf)^ that there 
might be no one at the feast superior to the triumphant ge- 
neral, Fal. Max. ii- 8. 6. After supper he was conducted 
home by the people, with music and a great mimber of 
lamps and torches, Z>tQ. xliiL 22* J%r. ii. 2* Cuu Sen. 13. 
which sometimes also were used in the triumphal pfoces» 
iftion, Suet Jul. 37; 

The gold and silver were deposited in the treasury, Uv. 
X. 46* and a certain sum was usually given as a donative to 
the officers and soldiers, who- then were disbanded, (exaue- 
tcrati et.dmissi)^ Liv. xxviiL 9. xxx* 45. xxxvi. 40-— The 
triumphal procession sometimes took lip more dian cnie 
day ; thatof Paulus iEmilius three, FfutarcL 

When the victory was gained by sea, it was called a Na- 
V AL Tkiumph ; which honour was first granted to DuHius, 
who defeated the Carthaginian fleet near lApara in the first 
Punic war, A. U 493. Ltb. Epiu 17- and a pfflar erected 
to him in the Forum, called Col^mv a Rostikata, 
€tuinctil. i. 7. SiL vi. 663- with aft inscription, part of which 
still remains. 

When a victory had been gsdned vrithout difficuhy, or 
thel&e, 6eU.^. 6' an bferior kind of triumph was granted, 
called O VATIO, in which the general entered the city on 
foot or on horseback, Dio. liv. 8. crowned with myrtle, not 
with laurel, PUn. xv. 29. s. 33. and instead of bullocks, sa- 
crificed a sheep, iovem\ whence its name, Plui- in MarceH 
Dionps. V. 47. viii. 9. Liv. iii. 10. xxvi- 21. xxxi. 20 
xxxiii. 28. 3tli. 28, 

After Augustus the honour of a triumph was m a manner 
confined to the emperors themselves, I)io. Ixii. 19. .& 23 : 
and the generals who acted with delegated authority under 
their auspices, only received triumphal omamenta^ a kind 
of honour devised by Augustus, Suet. Tib. 9. Dio. Ihr. 24. 
31. Hence L. Vitellius, having taken Terracina by storm, 
sent a laurel branch in tokenofitt/af/r^;npro«/>^<? gesta 
ret) to his brother, Tacit- Hist. in. 77. As the emperors 
were so great, that they might despise triumphs, Fhr. iv- 
12. 53* so that hOQour was thought above the lot c( a prir 



MzliTA&r PlTNISRllElTTSt 4S$ 

vatc pcrscm ; such therefore usually dediifed it» abihougb of^ 
fered to them ; si8» Vinicius, DUi. liiL 26. Agrippa, id Uv# 
11. & 24. Plautiusi /(/. Ix. 30. We read, however, of 4 
triunq>h being granted to Belisarius the general of Justini* 
an, for his victories in Africa, which he celebrated,at Con* 
stanttiU^k, and* is the last instance of a triumph receded 
in history, Proseop- The last triumph cdebrated^ Roniie« 
\vas by Dioclesian and Maximian, 20. Nov** A. D. 303« 
JSutrop. ix- 27. just before they resigned the empire, Jbj^ 
528- 

VII. MILITARY PUMSHMENTS. 

THESE were of various kinds^ either lighter or more 
severe. 
The lighter punishments, or such as were attended with 
inconvenience, loss, ox disgrace, were chidly these, 1. Ipepri<» 
vatictti of pay, either in whole or in part, Utipendio ptivarij ^ 
Liv. xt 41. the punishment of those who were often Absent 
from their standards, (iNjREcyrfiNTEs, PlauU True, ii- 1. 
19.) A soldier punished in this manner was called ^re 
oifKiTTUs, Festus* Whence Cicero facetiously applies this 
name to a pers(Hi deprived of his fortune at play, Ferr. v. 
13. <x a bankrupt by any other means, PhiL xiii. 12. — 2. 
Forfeiture of their spears, Censio Hastarja, Festus.'^ 
3. Removal from their tent, ihcum in quo tcndcrenimuta^ 
re J J Liv* xxv. 6« sometimes to remain without the camp and 
without tents, Lw' x. 4. or at a distance from the winter, 
quarters, Liv. xxvi- 1- Vol. Max. ii. 7. 15. — 4. Not to re* 
cline or sit at meals with the rest^ (cibum stantes caperej^ 
Liv. xxiv. 16.— 5. To stand before the pratorium in a loose 
jacket, Suet. Aug. 24. Fai. Max. ii- 7. 9. and the centuri-* 
ons without their girdle, {discinetijf Liv. xxvii. 13. oc to 
dig in ihzt dress, Plut. in LucuiL—6. To get an allowance 
of barley instead of wheat, Uwrdeo pMciJ^ Liv. ibid. Suet<^ 
Aug. 524,*--*7. Degradation of rank ; igradus dejecHo) ; an 
exchaoge into an inferior corps, or less honourable service, 
imiliti^ muiatioX VaL Max. ibid^ — 8/ To be removed froiqi 
the oatnp, (a castris aegfegari)^ and employed in various 
worksy Veget. iii. 4. an impositi(»ii of labour, munerum m* 
dicfw, QX^wmisBkn with disgrace, {ignomimose mitti) , Hfal» 



4d4 HOMAN ANtlQUITIES. 

^bell* Afr. 54, vd. exauctoratio, PRn.Ep. vi- SI. A.' 
Gellius mentions a singular punishment, namely, of letting 
blood, {sdnguinem mittendi)^ x. 8« Sometimes a whole le- 
gion was deprived of its name, as that called Avgxtst a, Dia. 
liv. 11. 

The more severe punishments were, 1. To be beaten widi 
fods» (virgis cetjb)^ or with a vine-sapling, {vite)y Val, Max* 

n. 7. 4. Juvenal- viii* 247. 2. To be scourged and 

sold as a slave. Liv^ Epit* 55. 3» To be beaten to 
death with sticks, caUed FUSTUARIUM, the bastinado, 
Lou. V. 6- Cic. Phil. iii. 6. .Polyb. vi. 35. which was the 
usual punishment of dieft, desertion, perjury, 8cc* When 
a soldier was to suffer this punishment, the tribune first 
struck him gently with a staff, on which signal all the soldiers 
of the legion fell upon him with sticks and stcMies, and gene- 
rally killed hiih on the spot. If he made his escape, for he 
might fly, he could not howevet* return to his native country, 
because no one, not even his relations, durst admit him in- 
to their houses, PolyL ibid. -4. To be overwhelmed 

with stones iiapidibus cooperirij and hurdles, isub crate ne- 

cari)f Liv* i. 51- iv. 50 5. To be beheaded, (^^femf 

percutij, Liv. ii. 59- xxviii- 29- Epit. xv. sometimes cruci- 
fied, Liv. XXX. 43. and to be left unburied, FaL Max. ii. 
7. 15. — ' 6. To be stabbed by the swonis of the sol- 
diers, Tacit' Annal' i. 44. and under the emperors, to be ex- 
posed to wild beasts, or to be burnt alive, Sec- 
Punishments were inflicted by the legionary tribunes and 
prefects of the allies, with their council ; or by the general, 
from whom there was no appeal, Polyb. vi. 35. 

When a number had been guilty of the same crime, as in 
the case of a mutiny, every tenth man was chosen by lot for 
punishment, which was called DECIMATIO, Liv. ii. 59. 
CiC' Cluent. 46. Suet. Aug. 24. Galb- 12- Tacit. Hist. i. 37. 
Plutarch, in Crass. Dio. xli- 35. xlviii. 42. xlix. 27. ScUS. 
or the most culpable were selected, Liv. xxviU- 29. Some- 
times only the 20th man was punished, vicesimatio ; ac 
tiiq lUOth, c£NT£siMATio, CapitoSn. inMacrin. 12. 

Vin. MILITARY PAY and DISCHARGE. 

nPHE Roman Soldiers at first received no p^ is^yen- 
^ ^tm) from the public^ Eveiy one aecved at hb own 



• Military PAt, Sfcv 42il 

charges.^ Par was first granted to the foot, A. U. 347, Zm» 
iv. 59r atful three years after, during the siege of Veji, to the 
hoTf^Id. V. 7. 

It viras in the time of die republic very inconsiderable ; two 
aboii or three asses (about 2id. English), a-day to a foot sq1« 
dier, the double to a centurion, and the triple to an E.quEs, 
Pdyb. vi- 37. PlauU Most. ii. 1. 10. Liv. v. 12. Julius C«-. 
sar doubled it. Suet' Jul. 26. Under Augustus it was tm 
tissesy (7Jd. sterling), Suet. Aug* 49. Tacxt^ Arm. i. 17, and 
Domitian increased it still more, by adding three gold pieces 
aanu^y. Suet* Domit. 7- What was the pay of the tribunesi 
is uncertain ; but it appears to have been considerable, /to;^- 
nal. iii- 132. The praetorian cohorts had double the pay of 
the common soldiers, Dio. liv. 25, Tacit ib^ 
. Besides pay, each soldier was furnished with clothes, and 
received a certain allowance (dimenmm) of com« commonly 
four bushels a month, the centurions double, and the eqidtes 
triple, JRolyb. vi. 37. But for these things a part of their pay 
wa&deducted, Tacit. Annul i. 17. Polyb. ib. 

The allies received the same quantity of corn, except that 
the horse only received double of the foot. The allies were 
clothed and paid by their own states,.P{>/y6. Md. 
. Anciently there were no cooks permitted in the^Roman 
army.. The soldiers dressed their own victuals. They took 
food twice a-day, at dinner and supper. A signal was pub- 
licly given for both. The dinner was a very slight meal« 
whi^h they commonly took standing. They indulged them* 
selves a little^ more at suw)a-. The ordinary drink of soldiersi 
as of slaves, was water mixed with vinegar, called Pose a, 
jP/att^iW/.iii..2.23. 

. When the .soldiers had served out their time, (stipendia 
kgitimafecissmt vel m€ruissent)^xbs: foot twenty years, and 
the horse ten, they were called Emeriti, Lucan. i. 344 and 
obtained th^r discharge. This was called MISSIO HO- 
NEST A vel Jus T A- When a soldier was dischaxged for 
^me defect or bad health, it was Q,2SS&\.Missxo Caus aria ; 
if from the favour of the general he was discharged before 
the just time, Missio gratiosa, Liv. xliii* 14. if on ac- 
count of soine fault, iGNOMiKiosA, Birt. dehelL A^fr. 54. 
J>^ ^cjfc mlitf ll3i , -^ 



426 ROMAN ANTIQUITIES, 

Augustus introduced a new kind of discharge, called Ex- 
AircTOR ATio,by which those who had served sixteen cam. 
paigns, were exempted lh>m all military duty except fight- 
ing. They were however retained (tenebantur) in the army, 
not with the other soldiers under standards, (sub signis et 
agui/is)^ but by themselves under a flag, (sub vexiBo seorsim^ 
Tacit Annal. i. 36. whence they were called VEXILLA- 
RII or Feteraniy sometimes also Subsicnani, Tacit. 
Mst^ i. 70.) till they should receive a full discharge and llie 
rewards of their service, fpramia vel commoda militue)^ ei- 
ther in lands or money, or both, Suet. Aug. 49. Cat* 44. 
Vic. Phil. ii. 40. Viri. Eel. i. 71. ix. 2.-5. Horat. Sat- li. 
6. 55. which sometimes they never obtained, Tacit^ Armal- 
i. 17- Suet. Tiber. 48. Dio^ Uv* 25. Exauctorare bpro- 
periy to free from the military oath, to disband, Zav. viii. 
84. XXV 20- Suet Aug. 24. ^^ IC 

IX. METHOD of ATTACKING and DEFEND. 
ING TOWNS. 

THE Romans attacked (oppugnabant) places eitfao-by a 
sudden assault, or, if that failed, (si subito impetu ex- 
pugnare non poierant)^ they tried to reduce them by a block- 
ade, Cas* B. G. vii. 36. 

They first surrounded a town with their troops, (ctmma 
cingebant, vd circundabanty Liv. vii. 27- xxiii. 44. xxiv. 2. 
mosnia exercttu circumvenerunt^ SaUust, Jug- 57*) and by 
their missive weapons endeavoured to clear the walls of de« 
fendants, inudare muros defensoribus, vel propugnafyrOush 
Then joining their shields in the form of a testuda or tortoise, 
ftestudine facta v.acia\ Liv. xUv»||?. Dio, xlix. 30. tosc- 
cure themselves from the darts of the enemy, Aey came up 
to the gates, (mccedere poriisJ^ and tried either to under- 
mine (subruere vel subfodert) the walls, or to scale diem, 
UcD' X. 43. XX vi. 45. xxxiv- 39. xliv. 9. Q^s^ J?* C iL 6. 
Tadt. Hi$t. iii. ?8. 31. SaUmt- Jug. 94 

When a place could not be taken by storm, it wa« invest* 
ed, Lw. ii. 11. Two lines of fortifications or iiitrenchments 
ian cipitia munimenta^ velmune^tanf^} were drawn axowdtbe 



Attack and Defence^ f^c. 427 

place at some distance from one anothert called Ae lines of 
contra vallation and pircum vallation ; the one against the sal- 
lies of the townsmen, and the other against attacks from 
without, Lw'y. 1. xxxviii. 4- 

These lines were composed of a ditch and a rampart^ 
strengthened with a parapet and battlements, (lorica et pin^ 
na\ and sometimes a solid wall of considerable height and 
thickness flanked with towers and forts at proper distances 
round the whole. 

At the foot of the parapet, or at its junction with the ram- 
part, iad commissuras pluteorum atque aggtris)^ there some* 
times was a pallisade made of large stakes cut in the form 
of stags horns, hence called CERVI, to prevent the ascent 
of the enemy. Before that, there were several rows of 
trunks of trees, or large branches sharpened at the ends, 
(pr^acutis cacuminibus\ called CIPPI, fixed in trenches 
(fossit) aboqt five feet deep- In front of these were dug pits 
iscrobcs) of three feet deep, intersecting one another in the 
form of a quincunx^ thus, 



V- 



stuck thick wijh strong sharp^takes, and covered over with 
bushes to deceive the enemy, called LILI A. Before these, 
were placed up and down iomnibuslocis disserebantur) sharp 
stakes about a foot long, (Tal£w£), fixed to the ground 
with iron hooks called Stimuli. In front of all these, 
Csesar at Alesia made a ditch twenty fiect wide, 400 feet 
from the rampart, which was secured by two ditches, each 
fifteen feet broad, and as many deep ; one of them filled 
with water. But this was merely a blockade, without any 
approaches cnt attacks on the city, Cas^ B- <?• vii. 66, 67* 

Between the lines ^vere disposed the army of the besiegers, 
who were thus saidi Urbem obsidione daudere vel cin^ere^ 
to invest 

The camp was pitched in a convenient situation to com.^. 
municate with the lines* 



m «OMAN ANTIQUITIES; 

From the inner Kne was raised a mount, (AGGER ex- 
truebatur) composed of earth, wood, and hurdles, (cra- 
tes), and stone, which was gradually advanced (promoDe- 
batur) towards the tovni, always increasing in height, tiU it 
equalled or over-topped the walls. The mount which Cje- 
Sar raised against Avancum^ or Bourges, was 330 feet faroad, 
and 80 feet high, Cas. B, G. Vn- 23. 

The Agger^ or mount, was secured by towers consisting 
of different stories, (turres contabulatO'X from which show- 
ers of darts and stones were discharged on the townsmen 
by means of engines, itormenta)^ called Catapult ^e, 
Balist^, and Scorpiones, to defend the work and 
workmen, {opus et administros tutari), Sallust. Jog* 76. 
Of these towers Caesar is supposed to have erected 1561 on 
his lines around Alesia, Cas. de bell. G. vii. 72. The la- 
bour and industry of the Roman troops were as remarkable 
as their courage. 

There were also ipoveable towers, Tur r e s mo b i l e s vel 
"ambul atori/e), which were pushed forward {admoveban^ 
tur vel adigebantur) and brought back Creducebantur) on 
wheels, fixed below Crotis suhjectu) on the inside of the 
planks Ca^s. B. G. ii. 3U v. 42. vii. 24. Htrt. de bell. Alex. 
2. Liv. xxi. 11* 

To prevent them from being set on fire by the enemy, 
they were covered with raw hides {coreay and pieces of 
coarse cloth and matresses, (centones vel ci&ciqy) Css. de 
bell- Civ. ii. 10. They were of an immense bulk, some- 
times thirty, forty, or fifty foot square, and higher than the 
walls, or even than the towers of the city. When they could 
be brought up to the walls, a place was seldom able to stand 
cut long, Uv. xxi. 11. 14. xxxii. 17. xxxiii. 17* 

But the most dreadful machine of all was die battering 
ram, (ARIES), a long beam, like the mast of a ship) and 
armed at one end with iron in the form of a ram's head ; 
whence it had its name. It was suspended by the middle 
with ropes or chains fastened to the beam that lay across 
two po^ts, and hanging thus equally balanced, it was by a 
hundred men, more or less, (who were frequently twanged), 
violently thrust forward^ drawn back, and again pushed for- 
ti^i till by xepeated Strokes it had shaken imdbr^ 



Attack and DtTZHct^ f^cj^ 429 

the wall with its iron head» FegeL iv/ 14. lAv- xxi- 12. 
xxxL 32, 46. xxxii. 23. xxxviii. 5. Joseph* de bell. Jud* 
iii- 9. • 

The ram was covered with sheds or mantlets, called VI- 
NE^, machines constructed of wood and hurdles, and co- 
V ered with earth or raw hides, or any materials which could 
not easily be set on |ire. They were pushed forwards by 
wheels below, (roHs subjectis agebanturvtl impellebatttur). 
Under them the b^iegers either worked the ram, or tri^ 
to undermine the walls, Lw. ii. 17. v* 7. x. 34. xxi. 7, 61* 
xxiii. 18. 

Similar to the Finea in fi^rm and use were the TESTU- 
DINES ; so called, because those under them were safe as 
a tortoise under its shell, Liv. y. 5* Cas. B* G. v. 41« 50. 
deBell. Civ- ii- 2. 14. 

OF the same kind were thePLUTEI, Zrtu- xxi 61. xxxiyJ 
17. C^s. passim^ the Musculus, Ibid. &c. 

These mantlets or sheds were used to cover the men in 
filling up the ditches, and for various other purposes, C^s. 
JB. G. viu. 58. 

When the nature c^ the ground would not permit these 
machines to be erected or brought forward to the walls, the 
besiegers sometimes drove a mine (CUNICULUM age* 
bant) into the heart of the city, Liv. v. 19- 21. or in this man- 
ner intercepted the springs of water, Hirt- de Bell* GalL viii. 
41, 43. 

When thor only wished to sap the foundation of the walls, 
Aey supported the part to be thrown down with wooden 
props, which being consumed with fire^ the wall fell to the 
ground* 

In the mean time die besieged, to firustrate the attempts 
df^ besiegers met their mines with countermines, UranS' 
versis cununi&s hostiufn cuniculos excipere)^ Liv. xxiii. 18. 
whii^ sometimes occaaoiied dreadful conflicts below 
gromid, xxxviii. 7* The great object was to prevent them 
from approaching the walls, (aperto^^ sc, ab hostibus vel 
Romaius, cuniculos marabantury mosnibusqius appropinquarc 
prokibebanf)^ Caes. B. G- vii. 22. 

The besieged also» by means cS mines, endeavoured to 
frustrate or.overtium the works of thAnemy, C*s» B, Q. m 



430 ROMAN ANTIQUITIE& 

21, vii. 22. They withdnew the earth from the mount, iter^ 
ram ad se introrsus subtrahebant)^ oc destroyed the works 
by fires below, in the same manner as thebesiegersovertuni- 
ed the walls, C^s^ ibid. Joseph. deBtlL Jud. iii- 12. 

Where they apprehended a breach would be made, they 
reared new walls behind^ with a deep ditch before them. 
Theyemployedvariousmethodstoweakenor elude the force 
<^th^ ram, and to defend themselves against the engines and 
darts of the besiegers, Uv. xlii. 63. But these, and cveiy 
thing else belonging to this subject, will be best und^stood 
by reading the accounts preserved to us of ancient skges, 
particularly of Syracuse by Mar^Uus, Lio* xxiv. 33. of Am* 
bracia by Fulvius, Id* xxxviii* X erf" Aksia by Julius Caesar, 
de Bell* Gall- viL of Marseilles by his lieutenants, Ca4* B. 
CiO' iL and of Jerusalem by Titus Vespasian, /(7«€:/C^A. deBelL 
Jud^ 

When the Romans besieg^ a town, and thought them- 
selves sure of taking it, they used solemnly {certo c€armne) 
to call out of it (e voc ARE) the gods, under whose protection 
tlie place was supposed to be, JUv. v. 21. Heiice when Troy 
was taken, the gods are said to have left their shrines, Ftrg. 
Mn. ii. 351. For this reason, the Romans are said to have 
kept secret their tutelary god, and the Latin name of the city, 
Flin. iii. 5. s- 9. xxviii. 2* s. 4. Macrob, iii. 9- 

The form of a surrender we have, Liv. i. 38. Plaut Amptu 
If 1* 71. & 102. and the usual manner of plundering a city 
when taken, Polyb. x* 16. 

NAVAL AFFAIRS or the ROMANS- 

NAVliGrATION at first was very rude, and the construe^ 
tion of vessels extremely simple* The most aneioit na^ 
tlons used boats, made of trunks of trees hollowed, Ktx sin* 
guUs arboribtis cavatis\ Virg- G. 126, 262. PUn. xvi. 41.. 
Liv. xxvi- 26* called Alvei, xintres, ^CAVUMiVel^o^ 
KQx YL A j Paiere. \l 107. Ovkl^Fas^n. 407- Lrv^'u 4'xxv. 
3* PHn. vi* iS.Simb. iii. 155. pr composed of beams and 
planks fastened together with cords or wooden pins, caUed 
RATES, Fesius ; or of reeds called Canvj^, Juvitnai^ v* 
89. or partly of slender plenAs, (carina at statumina^ the 
keel and ribs, ex leui WMteria\ and partly of wicker hurdles 



Naval Affairs, ftiVr. 431 

or basket. work, (reRquurri corpus navium viminibus canteX'^ 
tum\ and covered" with hides, as those of the ancient Bri- 
tons, Cits. B. C' i* 54. Lucan. iv* 131* and other nations, 
HerodotA. 194. Dio^ xlviii. 18. hence called Na vie i.a vi- 
TiLi A ccric circumsuta^ Plin. iv. 16. vii. 56. and mn;^j suti^ 
les^ xxiv. 9. s. 40- in allusion to which, Virgil calls the 
boat of Charon Cymba sutihs^ JEn. vi. 414. somewhat si- 
milar to the Indian canoes, which are made of the bark of 
trees ; or to the boats of the Icelanders and Esquimaux In- 
dians, which are made of long poles placed cross wise, tied 
together with whale sinews, and covered with die skins of 
sea-dogs, served with sinews instead of thread. 

The Phoenicians, or the inhabitants of Tjtpc iand Sidon^ 
are said to have been the first inventors of the art of sailing, 
as of letters and astronomy, Piin. v. 12. For Jason, to 
whom the poets ascribe it, Ovid Met. vi. vers. ult. et 
Amor-iu 11. 1. Lucan. iii. 194- and the Argonauts, who 
first sailed under J ason from Greece to Colchis, in die ship 
Argo, in quest of the golden fleece, that is, of commerce, 
flourished long after the Phoenicians were a powerful na* 
ti<m. But whatever be in this, navigation certainly received 
from them its chief improvements; 

The invention of sails is by some ascribed to ^olus, the 
god of the winds, Diodor. v. 7. and by others to Daedalus ; 
fi^ience he is said to have flown like a bird through the air, 
Firg^Mn, vi. 15. They seem to have been first made df 
skins, which the Veneti, a people of Gaul, used even in the 
time of Ca&sar, B. G- iii* 13. afterwards of flax or hemp; 
whence lintea and carbasa^ (sing, -m,), are put for vela^ sails* 
Sometimes cloths spread out were used for sails, Tacit* An- 
nal* ii. 24. Hist, v 23. Juvenal, xii* 66. 

It was long before the Romans paid any attention to naval 
aifairs. They at first had nothing but boats made of thick 
planks, iex tabulis crasswribus^¥cstas\ such as they used on 
the Tiber, called Naves CAUDiCARiiC; whence Appm3 
Claudius, who first persuaded them to fit out a fleet, A. U* 
469, got the surname of Cavdbx, Se^ee. de brev. vita^ 1S# 
Fatr. de Fit. Bom. 11. They arc said to have taken the mo- 
del <tf their first ship of war from a vessel of the Carthagini- 
ans, 4vhicfa happened to be stranded on their coasts, and W 



43S ROMAN ANTIQUITIES. 

I}ave exercised thdr men on land to the manageneBt of 
ships, Polyb, i. 20. & 21- But this can hardly be reconcil- 
ed with what Polybius says in ^ther places* nor with what 
we find in Livy about the equipmeiit and operatioDs of a Ro- 
man fleet, Lio* ix« 30, 38. Their first ships of war were 
probably built from the model of those dArUiumy which, af- 
ter the reduction of that city, were brought to Rome, A. U. 
417, Liv. viii- 14. It was not, however, till the first Punici 
war that they made ai^ figure by sea. 

Ships of war were called NAVES LONGiE, because 
they were of a longer shape tlian ships of burden, f naves 
ONERARIiE, o?iM4Lhu whence hulks ; or barac^ bsurks, Isu 
cbr. xix* I-}) which were more round and deep, Cas* B. Q- 
iv» 20* ¥• 7- The ships of war were driven chiefly by oars, 
^ ships, of burden by sails, C^s* B. G- iv. 25. Cic. Fam: 
zii« 15' ^nd as they were more heavy (grtxoimezJ^ and sail- 
ed more slowly, they were sometimes towed (remuleo irae* 
U^Jy after the wardbips, Uv. xxxii. 16- 

The ships of war were variously named from their rows or 
ranks of oars f(d> ordimbus remarum). Those which had two 
lowsor tiers were called BiremeSi (DicratOj Cic Att. v. 11. 
2vi. 4. vel Dicrot^f Hirt. B. Alex. 47.) three, triremes ; 
fijur, quadriremes ; five, quinqueremes vel perUeres. 

The Romans scarcely had ^ly ships of more than five 
banks of oars ; and therefore those of six or seven banks are 
called by a Greek name, Hexeres^ Hepteres^ Liv. xxxviL 
23. and above that by a circumlocution, naoeS', octo^ navem^ 
decern ordtnum^ vel versuuntj Flor. iv. 11. Thus Livy calls 
a ship of sixteen rows, (Ixtuti^tiatfni, Polub.\ navisingentU 
tnagniiudiniss quam sexdecim versus remorum agebanty Liv. 
xlv. 34. This enormous ship, however, sailed up the Tiber 
to Rome, Ibid. — The ships of Antony, (which Floras says 
resembled floating castles, and towns, iv. 11* 4. Virgil, float- 
ing islands or mountains, Mn. viii. 69 1« So Dio, 1. 33.}, 
had only from Six to nine banks of oars, Fhr. iv. 4. - Dio 
says from four to ten rows, 1. 23* 

There are various opinions about the manner in which the 
rowers sat. That most generally received is, that tb^ were 
placed above <Mie another m difFertnt stages or benches (01 
trans tris vcljugis) on the side of the ship, not in a peipen- 



Navai Affajes^ &V?. 4^8 

dientar Hue, but in the forni of a quincunx. The oan of the 
lowest bench were short, and those of the other benches m« 
creased in length, in proportion to their height above the wa- 
ter. This opinion is confirmed by several passages in the 
classics, Firg. Mn. v- 119. Lucan. iii- 536. SU. Italic^ xiv. 
424, and by the representations which remain of ancient gal<» 
lies, particularly that on Trsyan's pillar at Rome. It is, how* 
ever, attended with difficulties not easily reconciled. 

There were three different classes of rowers, whom the 
Greeks called Thraniu^ Zeugiu or ZeugioU and Thalamu 
/it, or -iw, from the different parts of tlie ship in which they 
were plac^. The first sat in the highest part of the ship, 
next the stern ; the second, in the middle ; and the last io 
the lowest part* next the proW. Some think that there were 
as man3i oars belonging to each of these classes of rowers, as 
the ship was said to have ranks or banks of oars : others, that 
there were as many rowers to each oar, as the ^ip is said to 
have banks ; and some reckon the number of banks, by that 
of oars on each side. In this manner they remove die diffi- 
culty c^ supposing eight or ten banks of oars above one ano* 
th«r, and even forty ; for a ship is said by Plutarch and A- 
thenseus, to have been built by Ptolemy Philopator which 
had that number : so PUn. viik 56. But these opinions are 
involved in still more inextricable difficulties. 

Ships contrived for lightness and expedition (naves AC- 
TU ARLE) had but one rank of oars on each side, Cstrnpli- 
ce ardine agebantur^ fwnr^f #$> TV^Y. Hist. v. 23.) or at most 
two, Cas' B. O. V. 1. Lucan. iii. 534- They were of diffe- 
rent-kinds, and called by various names ; as, Celocesy U e* 
naves eeieres vel cursarine^ Lembi^ Phaseh^Myoparones^ &c. 
Cic. et JUv. But the most remarkable of these were the na^ 
ves LIBURNiE, Harai. Epod- u 1. a kind of light gallies 
used by the JUbumi^ a people of Dalmatia, addicted topi- 
racy. To ships of this kind Augustus was in a great measure 
indebted for his victory over Antony at Actium, Dioy 1. 29- 
32- Hence after that time the name of naves LIBURN^K 
was given to all light quick- sailing vessels ; and few ships 
.wer« built but of that construction, reget^ iv. 33. 

Ships were also denominated.from the country to which 
thrar belonged, C^s. B. C iii. 5. Cic. Ferr, v. 33. and ih^ 

3 L 



434 ROMAN ANTiQUlTIES, 

various uses to which they were applied ; as Naves Mk it- 
c AT otLiJEy/rumentaria^ vmarut^ tdearia ; PiscAToai^* 
IjW. xxiii. 1. vel ienunculi, fishing- boats» C^s. £- C. ii- 39. 
SFECVLAToniJEGi exploratori^^ spy-boats, Zii^- xxx- 10. 
xxxvl 42. PiiBATiCifL vcl predatorut^ Id. xxxiv. 32- 3C. 
Hyppagoca, \t\HyppagineSy for canying horses and dieir 
riders, Lrv. xliv. 28. Gell- x. 25. Festus- Ta^ellarije^ 
message-boats, Seneo Epist- 77. I^iaut. Mil. Ghr. iv. 1. 
39. Vectoria GRAVEsquE, transports and ships of bur- 
den ; Annotina pfwaUque^ built that or the former year for 
private use ; some read atmonarur^ i.e. for carrying provbtons, 
C^s. B. G' V. 7. Each ship had its k>ng-boat joined to it, 
(j^l/mbuU onerarits adh^r^seebanij ^ PKn. Ep. 8. 20. 

A large Asiatic ship among the Greeks was caHed Ceb- 
CURUS, PlautMerc. \. 1. 86w SHch^ it. 2. 84. iii- l.<i2. it is 
supposed from the island Corcyra : but Pliny ascribes the 
invention of it to the Cyprians, vii, 56^ 

Gallies kept by princes and great men for amusement, 
were called by various names ; Triremes eerat^ vel arat^y 
lusorue etcubicubte vel thalamegiy pleasure-boats or barges, 
Senec. de ben* vii. 20- Suet- Ces. 52- pnuir, i, e, propm^ et 
nan meritorie^ one's own, not bhied, Htnrat. Ep, i. 1. 92. 
sometimes of immense size, Deceres vel decemremes^ Suet. 
Cal. 37. 

Each ship had a name peculiar to itself inscribed or punt* 
ed on its prow; thus,PaiSTis, ScYti.A,CENTA0Rtrs,8tc^ 
Virg. Mn. v- 116. &c- called PARASEMON, its sign, He^ 
rodot. viii. 89. Zav. xxxvii. 29^ or INSIGNE, Tacie^ Ann. 
yi. 34. as its tutelary god Uutela vel tutelare numenj was 
on its stern, Ovid. Trist i. el. 3. v. 110. del. 9- v- 1- Ikrod. 
2tvi. 112. Pers. vi- 30. Sd. Ital xiv. 411. 439. whence that 
jiart of the ship was called TUTEL A or CatUela, and bdd 
tocred by the mariners, Lucan. iii. 510* Senee. Epist- 76. 
Petron. c. 105. There supplications and treaties were made, 
Uv* XXX. 36. Sil. Ital. xiiL 76. 

In some ships the tutela and «ri^er9^» were the same, Serv. 
odFtrgtl. Mn. v. 116- Act. Apost. xxviii. 11. 

Ships of burden used to have a basket suspended on the 
top of their mast as their sign, {pro signoj^ hence they were 
called CoEBiT^, Festusl Cic. Att* xvi. 6. Piaut. P(W. iii. 
ilw4-&40. 



Naval ArFAiRs,* B^r. 454 

There was pn ornament in the stem, and sometimes oti 
the prow, made of wood like the tail of a fiish, called AP- 
LUSTRE, vel plun -ia, from which was erected a staflf or 
pole with a riband or streamer C fascia yd/aniaJ on the top., 
Jjuveriai. x. 136« Lacan. iii. 671. 

The ship of the commander of a fleet Xruwispr^ftoria) was 
distinguished by a red flag, (vexillum vel vetumpurpureum)^ 
Tacit* Hist. v. 22, Plin. xix. 1. C«s. B- C. ii. 6. and by a 
light, Ftor. iv. 8. Virg. Mn. ii. 256. 

The chief parts of a ship and its appendages were, CA» 
RINA, the keel or bottom ; Statumina, the ribs, or pieces 
oFtimber which strengthened the sides ; PRORA, the prow 
or forepart ; PUPPIS, the stern or hind-part ; AL VEUS, 
the belly or hold of the ship ; SENTINA, the pump, Cas. 
J3. C. iii- 25- or rather the bilge, or l>ottom of tliehdd, where 
the water, which leaked into the ship, remained till it was 
pumped out, {donee per a n tli a m exlmurir€tur\ Cic. Fam, 
ix. IS. Sen. 6. Martial, ix/ 19. 4. Suet. Tib. 51* or the hUge* 
TiHiter itself, Juvenal vi. 99. properly called n a u t e a , PlauU 
Asin. V- 2* 44. Nomus^ 1. 25. In ^mder to keep out the wa^. 
ter, ships were besmeared with wax and pitch ; hence call- 
ed cERATiB, Ovid. Her* V* 42. 

On the sides {lateral were holes {foramina) for the oars^, 
(REMI, calledalso by the poets tonia^ die broad part or end 
of them, p<dma vel palmtda)^ and seats (eedilia vel tramtra) 
for the rowers, (hemic b^). 

Eadi oar was tied to a piece of wood, {paxiUus vel lignum 
teres J called SCALMUS, by thongs or strings, billed 
Stroppi vel struppi^ Isid. xix. 4. hence scalmus is put for 
a boat, Cie» Off. iii. 14. JSTamcula duorum sealmorum^ a boat 
of two oars, Cic* OraU ii. 34. Actuaria^ sc* navis, decern 
scalmiss Id. Att. xvi. 3. Quatuar scalmorum navis, V'elL \u 
43. The plaee where the oars were put when the rowem 
were done working, was calledCASTERiA, Phut. Am. 'i\% 
1. 16. 

On the stem was the rudder, (GUBERN ACULUM vel 
clavusj') and the pilot (gubemator) who directed it. 

Some ships had two rudders, one on each end, and two 
prows, so that they might be movol either way without turn* 
ingt Ta^t. Atmal. % 6. mut^b used by tbeGermansi Id,dtt 



436 ROMAN ANTIQUITIES. 

Mor. G. 44. and on the Pontus Euxinus, or Bhck Sea, 
called CAMAR^, Strab^ xi. 496. because in a swelling 
aea they were covered with boards like the vaulted roof of a 
house, C camera), Tacit. Hist iii;47. GelL x- 25. hence Gn- 
mariu, the name of a people bordering on the Black Sea, 
Eustath. ad Dionys. 700. 

On the middle of the ship was erected the mast, (MA- 
LUS), which was raised, fattoUebaiur vel erigehatur\ Cic. 
Verr. v. 34. when the ship left the harbour, and taken down 
(inclinahatur vel pmebaturX when it approsiched Ae land, 
Firg. Mn- v. 829- Lucan. iii. 45- the place where it stood 
was called Modi us, Isid- xix. 2. The ships of the ancieiits 
had only one mast. 

On the mast were fix^d the sail-yards, (AntennavcI 
6rachia)y and the sails (VELA) fastened by ropes (fuTtes 
vel rudentes). Immittere rudentesy to loosen all the cord- 
age ; pandere vela^ to spread the sails, PBn. Ep. viii. 4. 

The sails were usually white, as beingthought more luc 
ky, Ovid. Her. ii. 11. CatulL Ixiv- 225, &c. sometimes co- 
loured, Plin- xix. i. s- 5* 

The ends of the sail-yards were called CORNUA; 
from which were suspended two ropes called PEDES, bra- 
ces, by pulling which towards the stem, the sails were turn- 
ed to the right or left- If the wind blew obbquely from the 
left, they pulled the rope on the right, and so on the contra^ 
ry : hence facere pedem^ to trim or adjust the sails, Vtrg* 
JEn* V. 830. Obhquat l^roo pede carbasa^ turns the sails so 
as to catch the wind blowing from the right, Lucan. v, 428- 
so obkquat sinus in ventum, Virg. JEn. v. 16. Currere «- 
traquepede^ to sail with a wind right astern, or blowing di* 
rectly from behind, CatuU. iv- 21. In canirarium naoigare 
prohtis peMusy by tacking, Pltn- ii. 57* s* 48. InUndert 
brachia veUsj i. e. vela brachits^ to stretch the sails, or to 
haul them out to the yard arms, Firg. JEn. v. 82&- Dare 
vela ventisi to set sail, Ftrg- Mn. iv. 546. So Fela facere^ 
Cic. Verr. v. 34. or to make way, Firg. Mn- v. 281. Subdu- 
€er}f vela^ to lower the saik, SiLyu 325. Minisirare veSs, 
vel -fl, i. e. attendere^ to manage, by drawing- in and letting 
out the opposite braces, {adducendo et remittendo vd pr^e- 
ftmh pedes), Viig. iiEn- vi. 302. x- 218. FeHs remis, scet; 



Naval Afpairs, £g?c. 437 

i. e. mrhmo v% manibus pedibusquey omnibus nervis^ widl 
might and main, Cic-ad Q. Fratr. li- 14. Tusc- iii- 11-0^ 
ill- 33. but in the last passage the best copies have viris e- 
quisque; as, PAi/' viii. 7- So remigioveloquef Plaut- Asin. 
1- 3. 5. who puts navales pedes for remtges et naut^^ Men. 
ii- 2- ult 

The top-sails were called SUPPARA velorum^ Lucan.^ 
V. 429. or any appendage to the main-saii, Stat. Sylv- ii- 2. 
27- Senec. ep. 77, 

Carina^ puppis, and even trais^ a beam, are often put 
by the poets for the whole ship ; but never velum^ as wc 
use sail for one ship or many ; thus, a sailj an hundred sail^ 

The rigging and tackling of a ship, its sails, sail.yards« 
oars, ropes, &c.' were called Arm amenta, Plaut. Merc. 
u 62. Hence arma is put for the sails, colligere armajubet^ 
i- e. vela contrahere^ Virg. iEn. v- 15. and for the rudder; 
spobata armis^ i. e, clavo^ vi. 353. 

Ships of war, Craves longiC vel bellies J y and these oaly, 
had their prows armed with a sharp beak, (Rostrum, ofc 
tenerj&A/r. rostra,) C^s*B. G. iii- 13- Sil. ItaL xiv. 480. 
which usually had three teeth or points, Firg. jEn. v. 142. 
viii. 690. whence these ships were called RostratuE, and 
because the beak was oovered with brass, ^rata, C^s^ 
B. C ii. 3. Ifarat. Od. ii. 16. 21- Plin. xxxii. 1. 

Ships when about to engage, had towers erected on them, 
whence stones and missive, weapons were discharged from 
engines, C^s. B G. iii. 14. Fhr- iv. II. Plin. xxxu. l! 
Pbitarch in Ant. called Propugkacula, Fhr. ii. SL 
Horat. Epod^ I 2. hence turrits puppes, Virg. Mn. viii. 
993- Agrippa invented a kind of towers which were sud- 
denly raised, iSm; m Firg. Towers used also to be erected 
on ships in sieges and at other times, Liv. xxiv. 34. Tadti, 
Ann. XV. 9. SiL Ital. xiv. 418. 

Some ships of war were all covered, f"tect^ vel canstraf^; 
iM»r«^^«»r«< s qu£ tutra^nfutTtt, tobulata vcl constrata kabebant^ 
decks); others uncovered, ^apert^, «ff*«**«, v. -«), Cic. 
Att' v. 11. 12. vi. 8. & 12. except at the prow and stern, 
where those who fought stood, Liv. xxx. 43. xxxvi. 42. 
Cits, passim. Cic- Ferr. v. 34. 

The planks or platforms itabuhta) on which the mm^ 



438 ROMAN ANTIQUlTtES. 

ners sat or passed from one part of the ship to another, were 
called FORI, gang-ways, ^126 ee quod incesius ferant), 
Serv. ad Firg. Mn. vr. 605- vi. 412, Cf€^ Sen. 6. and the 
helps to mount on board, Pontes vel Scala, O*'*^*^?*! 
Vfl >«ifmm$\ Firg. Mn. X. 288- 654- 658. Stat Syh. iii. 2. 
55. Some take/on forthedeck, rSTEGA, ^yPhut-Bacek. 
iu 3. 44. Stick, iii. 1. 120 others for the seats. It is at 
least certain they Were both in the top oftlieship and be. 
low, Sil. xiv. 425, Lucan. iii- 630. We alio find finrus^ 
abg. GelL xvi. 19. 

The anchor, (ANCHORA), which moored or fastened 
ffundttbat vel aUigabat) the ships, was at first of stone, 
^metimes of wood filled with lead, but afterwards of iron. 
It was thrown (jaciebatur) from the prow, Firg Mn. vi- »//. 
by a cable, and fixed in the ground, while the ship stood, 
(or, as we say, rode) at anclior, {ad anchoram vd in anchora 
€tabaf\ Caes. B- G. v, 10- and raised, (/o&Afl/t/r vel veUeba^ 
fur) i^*hen it sailed, Id. iv. 23. sometimes the cable {ancho- 
tale yel anchora) was cut, (pr^cidebatur)^ Liv. xxii- 19. 
Cic. Verr. v. 34. The Feneti used iron chains instead of 
ropes, C*j. B. G. iii. 13. 

The plummet for sounding depths {ad altitudmem maris 
txphrandam) was called BOLIS or Catapirates^ Isid. xix- 
A. or MoLTBDis, 'idisy as Gronovius reads, Stat. SSz^ iii. 
2.30- 

Theropesby which a ship was tied to land werecalledRE- 
TINACULA, Ftrg. jEn. iv. 580. or Obte, Iav. xxii. 19. 
xxviii. 36. or simply Funes, Firg. Mn. iiL 639. 667- 
Hence Oram sohere^ to set sail, QutncHL Ep. ad Tryph. &f 
iv. 2. 41. 

The ancients had ropes for girding a ship in a storm, H<h 
rat. Oqf. 1. 14. Act. Apost* xxvii. 17* which are stiU used. 
They had also longpolcs,(c(?nrt, pertic^^ sudes^ vel^r«dfei),to 
push it off rocks and shoals, Firg. Mn. v. 208. 

Sand, or whatever was put in a ship to keep it steady, was 
called SABURRA, ballast, Lw- xxxvu- 14. Ftrg. a iv. 
195. 

Ships were built {edijicabantur) of fir, {abies), VitR. 0. 
ii. 68. alder, {alnus^ Lucan. iii. 440. whence alni^ ships, ib. 
2* 427.) cedaTj pine, and cypress, Feget- iv* 34. by thc/^n^rf 



Naval At^airsi Wc. 430 

of oak, {ex robarc)^ C«s. B. G. iii^ 13. sometimes o( green 
wood ; so thai a number of ships were put on the stocks^ 
iposit^)^ completely equipped and launched, iinsiruct^) v. 
omaU armaUque w aquam deduct^ sint)j in f(Hty-five days 
after the timber was cut down in the forest, Liv. xxviii. 45» 
and by Caesar, at Aries, against the people of Marseilles, 
in thirty days, de Bell. Civ- i. 34. See Flin. xvi. 39* s. 74. 

There was a place at Rome beyond the Tiber where ship& 
lay and were built, called Navalia, pluf. -ium^ the dock, 
LrU' iii. 26. viii. 14 xl. 51. 

As the Romans quickly built fleets, they as speedily man- 
ned them. Freedmen and slaves were employed as mariners 
or rowers, inaut* vel remiges\ who were also called Socii 
N AVALEs, Lw. XXL 49, 50. xxii. 11. xxvi* 17. and Clas- 
sic i, XX vi. 48. Curt. iv. 3. 18. The citizens and allies 
were obliged to furnish a certain number of these, according 
to their fortune, and sometimes to supply them wiA provi«> 
sions and pay for a limited time, Liv. xxiv. 11. xxvi. 35* 

The legionary soldiers at first used to fight at sea as well 
as on land. But when the Romans came to have regular and 
constant fleets, there was a separate kind of soldiers raised 
for the marine service, imiliies in classem scripti), Liv. xxii*. 
57. who were called CLASSIARII, orEpiBAXiE, C^s^pas^ 
Sim. Suet. Galb. 12. Tacit. ArmaL xv- 51. but this service 
was reckoned less honourable than that of the legionary soli* 
diers; Suet, tiirf. Liv. xxxii. 23. Tacit. IJist. I 87- some* 
times performed by manumitted slaves. Suet* Aug. 16« 
The rowers also were occasionally armed, Liv. xxvi. 48, 
xxxviL 16- 

The allies and conquered states were in after times bound 
to furnish a certain number of ships completely equipped 
and manned, Cic. Verr- v. 17, &c. Uv. xxxvl 43. xlii. 48* 
some only 6tores,»arms, tackling, and men, xxviii. 45. 

Augustus stationed a fleet on the Tuscan sea at Misenum^ 
where Agrippamade a fine harbour called Poarus Juliits^ 
Suet. Aug. 16. by joining the Lucrine lake, and the lacus^ 
Auemus to the bay of Baja, {sinus Hajanus, Suet- Nen 27* 
vel iacu^Bajanuty Tacit. Ann. xiv. 4) Dio. xlviiL 50- 
Virg, G. ii- 163* and another on the H^is^c at JRavenna, 
Snet, Aug. 49- Tacit. Ann. iv. 5. Veget. iv. 31. anA iu 



440 ROMAN ANTIQUITIES. 

other parts of the empire. Tacit. Hist. i. 58. ii. 83. iv. 79. 
;dsoon rivers, as the Rhine andDa&ube, Tacit. Amat. 
xii. 30. Flor. iv. 12. 26. 

The admiral of the whole fleet was called Dux pkj&fec- 
TUS(^UE CL Assis, Cic^ VeTT. V. 34. and his ship, NAVIS 
PRiE TORIA, Lxo^ xxix. 25. which in the night-time had, 
as a sign, isignum nocturnuni) three lights, Ibid, 

At first the consuls and praetors used to command the fleets 
of the republic, or some one under them ; as Lxlius under 
Scipio, Liv. xxvii. 42. xxix. 25. 

The commanders of each ship were called NAVAR- 
CHI, Cic. Vert' iii. 80. v. 24. or Trieearch i, L e. pr^fecti 
trieris vel triretnis navis^ Cic. Verr. L 20. Tacit. Hist ii. 9. 
Suet. Ner, 34. or Macistri Navium, Liv. xxix. 25 
The master or proprietor of a trading vessel, N AUCLE- 
RUS,PAj«/»il/i/iv. 3. 16.Naviculator, vel-ARii7S« Qc- 
Fam- xvi. 9. Att. ix. 3- Verr. ii. 55. Manil- 5. who, when 
he did not go to sea himself, but employed anotha* to navi- 
. gate hb ship, was said, Nauicularuxm sc. Km/acercy Cic. 
Verr. v. 18. 

The person who steered the ship, and directed its course, 
was called GUBERNATOR, the pilot, som^ime^ also 
Magister, Firg.Mn^y. 176. Sil-vf. 719, or Rector, Lm- 
ton. viii. 167. Virg. ^n. iii- 161. and 176. Hc.sittatthc 
kehn, Cic. Sen^ 6. on the top of the stem dressed in a parti- 
cular manner. Plant- Mil. iv. 4. 41. 45. and gave orders 
about spreading and contracting the sails, {expandere vel 
contrahere vela^) plying or checking the oars, iincumbere , 
remis vel eos inhibere), &c. Virg. v. 12- x. 218. Cic. Orat 
i. 3a. Att. xiii. 21. 

It was his part to know the signs of the weather, to be ac* 
quainted with ports and places, and particularly to observe 
the winds and the stars, Ovid- Met- iii- 592^Lucan' viii. 172. 
Firg- ASn. iii. 201. 269- 513. For as the ancients knew not 
the use of the compass, they were directed in their .voyages 
chiefly by the stars in the night-time, Horat. Od. ii. 16. 3. 
and in the day-time by coasts and islands which they knew. 
In the Mediterranean, to which navigation was then chiefly 
eonfined, they could not be long out of the sight of land. 
When overtaken by a storm) the usual method was to drive 



Naval Affas](6, &Vr* 4il 

their ships on shore, (w terram agere vd ejic€n)^md when 
the danger was over, to set them afloat again t^ the strength 
of arms and kvers* In the ocean they only cruised along 
the coast. 

In some ships there were two pilots, Mhan. ix« 40- who 
had an assistant called PRORETA, Plaut. Mud^ iv. S- 75. 
i. e. Gustos et tutcia pror^^ who watched at the prow, Oyid^ 
MeP iii. 617. 

He who had command over the r0werB was called Hoa- 
TAToa aiKl PAirsAAius,(MAfvff$),/'£iii/. Merc. iv. 2«4. &• 
nee. Epist. 56. Ovid.'ibid- or PoaTisctTLUs, Pktut. jisin^; 
iii. h 15. Festus; whicli was also the nanie of the staff or 
mallet with which he excited or retarded them, Ccele$umata 
yel bortnmenta dabat)^ Plant. Asm. iii. 1. 15. hid. Ong* xix* 
13. He did this also with his voice in a musical tone, that 
the rowers might keep time in their motions, Serv. ad Vtrg. 
jEn. ui. 128. SU. v. 360. Fal^ Place, i- 470. Martiai^ iii. 67» 
iv. 64. QuinetiL i. 10- 16. Stat- Theb. vi- 800*./l^o». m Cic. 
4Evm. 17. Hence it is also applied to the commanders, Dio^ 
L. 32« Those who hauled or pulled a rope, who raised a 
weight;, or the like, called HEIXIARIl, used likewise to 
animate one another with a loud cry, Martial* ibid, hence 
Nwtieus clamor ^ the cri^ or shouts of the mariners, Firgi^ 
Mn. ill 128. v. 140« Luean. iL 688. 

Before a fleet (CLASSIS) set out to sea, it was solemnly 
reviewed (lustrata est) like an army. Cic. Phil, xn- 3. Ptay« 
ers were made and victims sacrificed, Uv. xxix- 27. xxxvk 
42. Appian. Hell- Civ^ v. Firg^ jEn. iii. 118« v. 772. &Iu 
xvlL 48* The auspices were consulted^ Vol. Max. i* Hor^ 
JSpod. X. 1* 16. 24. and if any unlucky omen happened, a$ 
a perscm sneezing on the left, cr swallows alighting on 
the ships, &C. the voyage was suspended, iPolym. iii. 10. 
Frantifi. i. 12. 

The 0iariners when they set sail or readied the hatfoour, 
deckeduhe stem with garlands, Firg. Mn^ iv. 418. 6« i. 303« 

There was great labour in launching (in deducendoj tho. 
si^, Virg* Mn. iv. 397» for as the ancients sdddm sailed in 
winter, their ships dwing that time were dr&wif up isubdm^ 
ia) on land, JHorat- Od. u 4* 2« Firg. ASn* i. SSS^miMog^ 

on the shore, Ftri. Mn. iiL 135. 177. 

3M 



442 ROMAN ANTIQUITIES. 

They were drawn to sea by ropes and levers, (vectUm), 
with rollers placed below, icylimkis Ugnisque teretifms eiro-^ 
itmdis subjeciis)^ called PALAKC£5,vel 'j^if^ Cas-B. Cii. 
9. or ScuTULiC, Ibid' iii. 34. and according to some, lapsus 
tvtarum ; but others more properly take this phrase for ro- 
ta labentesy wheels, Virg. Mn- ii. 236. 

Archimedes invented a wonderful machine for this pur- 
pose, called Hstix. Athen. y* Plutarch* m Marcell.^-^SiL 
Itat. xiv. 352* 

Sometimes ships were conveyed for a considerable space 
by land, Uv. xxv. 11. SH- xil 441. Suet. Col- 47. and for 
that purpose they were sometimes so made, that they might 
be taken to pieces. Curt. viii. 10. Justin^ xxxii* 3. a practice 
fitill ih use. Augustus is said to have transported some ships 
from the open sea to the Ambracian gulf near Actium, on a 
kind of wall covered with the raw hidesof oxen; JD^, L. 
12* in like manner over the Isthmus of Corinth, IcL LI. 5. 
Strab. viii. 335. So Trajan, from the Euphrates to the Ti- 
gris, /(/; xlviii. 28- 

The signal for embarking was given with the trumpet. Zv- 
can. ii. 690. They tmb^ke& (camcendebani) in a certain or- 
der, the mariners first, and then the soldiers, Lw. xxlx* 25. 
xxii. 16^ They also sailed in a certain order, flrg. Mn. v. 
833. the light vessels usually foremost, then the fleet or ships 
df war, and after tliem the ^ips of burden. But this onkr 
was often changed, Lio. passim* 

• When they approached the place of their destinatiOD, they 
were very attentive to the objects they first saw, in the same 
manner as to omens at their departure, Firg* Mn. iii. 537* 
Im. xxix. 27. XXX. 25« 

When they reached the shore, {terram appulenmij^ and 
landed (exposuerwH) the troops, prayers and sacrifices again 
were made, IJv, xxxvii. 14. 47. 

' If the country was hostile, and there was no proper har- 
bour, they made a naval camp, {castra navalia vel mnOica) 
md drew up their ships on land, {subdueebantX Liv. xxx* 
9. 10. xxiii. 28- Cses- B. G. iv. 31. Tliey did so, especially 
if they were to winter there, Im^ xxxvi. 45. xxxviii. 8. 
But if they were to remain only for a short time, the fleet 
was stationed in some caavenient piace» udmclwram ^t^ibta^ 



Naval Affairs, &V, 44$ 

vcl vt itattone tenebatur)^ not far from land, Liv. xxxi. 23, 
xxxviK 15. xxiv. 17. C^s. B. C. iii. 6- iv. 21- A Mex. 25, 

Harbours rPORTUS>? were most strongly fortified, es* 
pecially at the entrance, fadUus vd introitus ; o*, ostium^ 
yd fauces J ^ Virg. JEn. i, 404. Cic- et Liv. The two sides of 
which, or the ptersy were called CORNUA, Cic* AtU ix. 
14. Liican. ii. 615. 706. or BRACHIA, Phn. Ep. vi. 31. 
SueU Chad. 20. Liv. xxxi. 26. on the extremities were e- 
reeled bulwarks and towers, Fitriw. v. 11. There was usu- 
ally also a watch-tower, (Pharos, plun -0, Ibid* with lights 
to direct the course of ships in the night-time, as at Atexan* 
dria in Egypt, C^es. B. C iii. ult. Plin. xxxvi. 12. at Ostia 
and Ravenna, Ibid, at Caprese, Brundusium, and other pIa-» ' 
ces, Suet. Tib. 74, Cal. 46. Stat. Syh. iii. 5. 100- A chain 
sometimes was drawn across as a barrier or boom, {clause 
^OT),Frontin. Stratagem, i. 5. 6- 

Harbours were naturally formed at the mouths of rivers ; 
hence the name of Ostia at the mouth of the Tiber, Serv. 
adFtrg Mn. v. 281. Uv*i. 33. xxvi. 19- Dionys. iii. 45.. 
Ovid cdls the seven mouths of the Nile, ^eptem Portus, 
ffer. xiv. 107. jimor. ii- 13- 10. j 

Harbours made by art ^manu vel arte) were called Co- 
THDNES, vel -NA, -orwm, Scrv- ad Virg. jEn. i. 431rFes. 
tus. 

Adjoining to the harbour were docks (NAVALIA, ^ium\ 
where the ships were laid up, (subduct^)^ careened, and re* 
fitted, (refectitjy Cic. Off. il 17. Liv. xxxvii. 10. Gr*. B. 
C. ii. 3. 4. Firg. iv. 593. Ovid. Amor. ii. 9. 2L 

Fleets about to engage wtrt arranged in a manner similar 
to armies on land. Certain ships were placed in the cen- 
ti^yf media tunes J ^ others in the right wing, fdextrum cor^ 
tmJy and ofters in the left ; some as a reserve, Csubsidiumy' 
naves subsidiari^h Hirt. de Bell. AL 10- Liv. xxxvii. 23. 
29. xxxvi. 44* We find them sometimes disposed in the 
form of a wedge, a forceps^ and a circle, Polyb. i. Poly an- 
iii. Thucyd. ii. but most frequently of a semicircle or half 
moon, Veget. iv. 45. Sd. xiv. 370. 

Before the battle, sacrifices and prayers were made as on 
land ; the admiral sailed round the fleet in a light galley^ 
fnavis attuaria)^ and exhorted the men. 

The sQldi£r9 and sailors made ready fse fxpfdiebant) tat 



Hi ROMAN ANTlQiimfeii. 

* • 

action; they furled the sails and adjustedttie rigging ; for 
they iiever chose to fight but in calm weather, Uv- xxyv 
39. 

A red flag was displayed from the admirars ship, as a 
signal to engage. The trumpets in it and all the otho* ships 
were sounded, Stl. xiv. 372. and a shout raised by afi the 
trews, Lucan. iii, 540- Dto. xlix. 9. 

The combatants endeavoured to disable or sink the Alps 
of the enemy, by sweeping off (detergendoJ the oars, or by 
striking them with their beaks, chiefly on the sides, Dio- L. 
29. They grappled with them by means of certain ma- 
chines called crows, (CORVI), iron hands or hooks, 
(f £ B R E^ M A N u s) LucoTU 111. 63 5- drags or grappling irons, 
(harp AGONES, I. e. ossefes fcrreo unco prajixi)^ &c. and 
fought as on land, Flor. ii. 2. Liv. xxvi. 39. xxx. 10. X^at, 
B. O. L 52. Curt. iv. 9. Lucan* xi. 712. Dio. xxxix. 43. 
1-^xlix. 1. 3. &c. They sometimes also employed fire- 
ships, JTiTt. B. Alex. 11. or threw fire- brands, and pots 
full of coals and sulphur, with various other combustibles, 
Stuppeaftamma manu^ teUsque volatile ferrum spergitur^ 
Virg- JEn. viii. 694. Which were so successfully employed 
by Augustus at the battle of Actium, that most of Antony's 
fleet was thereby destroyed, JDio. L. 29. 34, & 35. Hence 
Vix una sospes navis ab ignibus^ Horat od. i. 37. 13. 
' In sieges they joined vessels together, and erected on 
them various engines. Curt. iv. 13. Lw- xxiv. 34. xxvi. 
26. Cas. B. C. iii. 34. or sunk vessels to block up their 
harbours, Jbid. et Liv. xxxv« 11- 14. 

The ships of the victoriousfleet, wlien they returned home, 
had their prows decked with laurel, and resounded withtri- 
timphant mu^, Dto. lA* 5. 

The prizes distributed after a victory at sea were nmch. 
the same as on land. (See p. 4 16-) Also naval punishments, 
pay, and provisions, 8cc. Liv. xxiil. 21. 48. 

The trading vessels of the ancients were in general much 
inferior in size to those of the moderns. Cicero mentions 
a number of ships of burden, none of which was bdow 
20(X> ampAorf (quorum minor nulla erat duum mUtium 
amphorum), i- e. about fifty.six ton, whish he seems to Irave 
tboupht a lai^ ship, Ck. Fam. xii. 15. There were, how- 



7%« &01CA17 Dits&^. 445 

ever, some ships of enormous bulk. One built l^ Ptole- 
my is said to have been 280 cubits, i. e. 420 feet long, and 
another 300 feet ; the tonnage of the former 7182, and of 
the latter 3197, Atken^us. The ship which brought from 
Egypt the great obelisk that stood in the Circtis of the Va* 
tican in the time of Caligula, besidj^s the obelisk itself, had | 
120,000, modii of lente^^ lentiles, a kkid of pulse, for ballast, [• 
about 1138 ton, P^i».xvi. 40. j. 76- oV^?6 -. r -->-*^-r4i 

CUSTOMS OF THE ROMANS. 
L The ROMAN DRESS. 

THE distingui^ung part of the Roman dress was the TO^r 
. GA or gown, as that of the Greeks was the Pallium^ 
Suet. Aug. 98. and of the Gauls, -Snirc*, breeches, Suet. JuL 
80. Claud. IS. Plnu Epist- iv. 11. whence the Romans were 
called GENS TOGATA, Virg.Mn. i. 286. Suet. Aug, 40. 
or TOG ATI, Cic. Xogc.Am. 46. f^err. i. 29. ». 62. Orat. 
I 24. ill. 11. Saliust. Jug. 21. Tactt. Hist, ii- 20- and the 
Greeks, or in general those who were not Romans, PALLL 
ATI, Suet. C^s* 4. 8. Cic. Sabir. Post. 9. Phil. v. 5- and 
Gatlia Cisalpinaf when admitted into the rights of citizens, 
was called Tooata, Cic. Phil. viU* 9. Hence also FabuUe 
Togata et PaUiata. (See p- 38L) As the toga was the robe 
of peace, togati is often opposed to armati^ Liv. iii. 10- 50. 
iv. 10. Cic. Caecin- 15. Off. i. 23. Pis. 3. and as it was chief- 
ly worn in the city, GAi, sc. rure, nulla necessitas tog^j Plin. 
E4). Y. 6) it is sometimes opposed to Rvstici, PUru vi- 30. 

The Romans were particularly careful in foreign coun- . 
tries to appear <lressed in the toga, Cic, Rabir. 10. but this 
was not dways done. Some wore the Greek dress ; as Sci- 
pio in 8icily,'3!nwr. Am. ii. 59- So the Emperor Claudius at 
N^)ies, Di'o.^xvi. 6. 

The TOGA (a tcgendo, quod corpus tegat, Varro) was 
aloose rihaw^ flowing (fluitanO woollen robe, which co- 
vered the whole body, round and close at tlie bottom^ (ab 
imoj b*t open at the top dowii to the girdle, (arfrtiicfiiram,) 
without* sleeves f so ttet the right arm was at liberty, and 
the left supported a part flacinia^ a flap or lappet) of the to- 
gOi which was drawn up (subdueefnUur) and thrown back 
over the left shoulder^ and thus formed what was called SL 



44« nOMAN ANTIQUITIES. 

NUS, afoldor cavity, upon tlie breast, in which things might 
be carried, Plin. xv. 18. Gell. iv. 18. and with which the 
face or head might be covered, Suei. JuL 82. Lw.vm. 9. 
Hence Fabius, the Roman ambassador, when he denounced 
war in the senate of Carthage, is said to have poured out, 
fsinum t^utSsseJ Liv. xxi. 18- or shaken out the lap of his 
togCy (excumsse togit gremium\ Flor. ii. 6. Dionysius 
says tte form of die toga was semicurcul^fr, iii. 61. 

The toga in latter times had several folds, but anciently 
few or none, {veteribus nuUi sinus)^ Quinctilian. xi. 3. 
These folds when collected in a knot or centre, Firg. jEn. i. 
324. were called UMBO, which is ptit for the toga itsdf, 
Pers. V. 33. 

When a person did any work, he tucked up (succmgebat) 
his togaj and girded it iastringebat) round him : hence Ac- 
cingere se operi vel adopuSy or oftener, in the passive, accin^ 
gij to prepare, to make ready. See p. 78. 

The toga of the rich and noble, was finer and larger (Akt- 
tor J than of the less wealthy, Harai. JSpod. iv. 8. Eptst. v 
18. 30. A )iew toga was called p£ x a ; when old and thread- 
bare trita^ Id. £p. i- 95- Martial ii 44- 58. 

The Romans were at great pains to zdjusiicomponere) the 
togay that it might sit properly, fne impar dtsMcreO^ and 
not draggle (fiec deflueret)^ Horat Sat. ii. 3. 77. L S. 31- 
Epist i. 1- 95. Quinctil. xi. 3. Macrob. Sat ii. 9. 

The form of the toga was different at different times. Thc. 
Romans at first had no other dre^, Gell. vii. 12. It was then 
strait Carcta) and close ; it covered the arms, and came 
down to the feet, QuinctU' Ibid 

The toga was at first worn by women as well as men. 
But afterwards matrons wore a different robe,* called STO- 
LA, with a broad border or fringe (limbus) called INSTI- 
TA, Horat. Sat. i. 2. 29. reaching to the feet, Ovid. Art. 
Am. h 32. TtbuU' i. 7. 74* (whence instita is put for matrona^ 
Ovid. Art. Am. ii. 600.) and also, as some say, when they 
went abroad, a loose outer robe thrown over the stoh like a 
surtout, a mantle, or cloak, called PALL A, or Pepbis^ Hor. 
ib. 99. But the did scholiast on Horace makes palh h^ the 
same with instita, and calls it Peripodium and Tunic^^ pal- 
limn* Some think, that this fringe constituted the only dis- 



The KoftAN Deess. 4U7 

tihction between the stola and toga. It is certain, however, 
that the outer robe of a woman was called F azla^ Firg.jEn* 
I 648. xL 576. iquod palam et/aris gerebatur^ Varr. de 
Lat ling. iv. 30.) 

Courtezans, and women condemned for adultery , were not 
permitted to wear the ^^oAx; hence called TocAXifi) Horat. 
SaU \. 2. 82. Jttven* ii. 70. MartiaL ii. 39. vi. 64- x- 52. 
Cic. Phil' \\. 18. and the modesty of matrons is called Sto^ 
latus pudor^ Mart- i. 36- 8. 

There was a fine robe of a circular form worn by women^ 
called Cyclas, ^is^ Juvenal, vi. 258. Suet Cal. 52. 

None but Roman citizens were permitted to wear the to- 
ga ; and banished persons were prohibited the use of it, 
PUn* JSpist. iv. 11. Hence taga is put for the dignity of a 
Roman, Horat. Od* iii. 5. 10. 

The colour of the toga was white, and on festivals they 
usually had one newly cleaned, Ovid. Trist. v. 5. 7. hence 
they were said Pestos alb axi celebrare^ Honit. Sat. ii. 2. 
61. 

Candidates for offices wore a toga whitened by the fuller. 
Toga Candida. Seep. 91# 

The toga in mourning was of a black or dark colour, TO- 
GA. PULLA vel atra s hence those in mourning were call- 
ed PuLLATi, Suet. Aug. 44- Juvenai. iii. 213. or Ataaxi, 
Cir* Fai. 12. But tho^e were also called Pullati, who wore 
a great-coat (lacernaj instead ctf'the toga^ Suet Aug. 40. or 
a mean ragged dress, Plin. Epist* vii. 17. as the vulgar or 
poor people, (puUatus drculuSf vel turbapullata)^ Quinctil. 
ii. 12. vi. 4- 

The mournmg robe of women was called 'RICINIUM, 
vtf/-NUS, v^/RiCA, {quod post tergutn rejicereturJ y which 
covered the head and shoulders, Cic. legg. ii. 23- or Ma-' 
voRTEs, -IS, vel .TA, Setv. in Virg. Mn. i. 268. Isid* xix. 
25. They seem to have had several of these above one ano- 
ther, that they might throw them into the funeral piles of 
their husbands and friends. The twelve tables restricted the 
number to three, Cic. ibid. 

The Romany seldom or never appeared at a feast in 
mounung, Cic. Vat. 12. nor at the public spectacles. Mart. 
iv. 2- Dpr at festivals and ^crifices, Ovid. Past. i. 79* Ho^ 
rah%%.W.Pers.'u.4fi. 



44S ttOM AN ANTIQUITIES , 

At eatertaiitments the more weabfay Romans laid a»ie 
the toga^ and put on a particular robe» called Syvt&esis, 
Martial, v. 80. iu 46. iv. 66. Mrhich they wore all die time of 
the Saturnalia^ because dien they were condnually feasting, 
Martial 3f:iv. 1. 141. Senec Epist 18. Nero worc it Gyn- 
thesinaj sc vestisJ in common, Suet. B\: 

Megistrates and certam priests wore a §aga bordered with 
purple, (Umbo purpurea drcumdata), hence called TOGA 
PRiETEXTA ; as the superior magistrates, Cic red in 
Sen. 5. Uv. xxxiv. 7. Juvenal x. 99. die Pmiificet^ the 
Axxs^x^^Cic. Sext. 69. tbeDKCEMviax zocrufadun^^ 
Liv. xxvli. 39, &ۥ and e\en private persons when thi^ ex- 
Ubited games, Cic. Pis. 4. 

Generals when they triumphed wore an embroidered toga^ 
called PicTA vel palhata, Martial. Viu 2. 7* 

Young men, till they were seventeen years of age, and 
young women, till they were married, also wore a gown bor- 
dered with purple, TCXiA PRiETEXTA, iwu xxxiv. 7. 
DV. Ferr. L 44. Cat. ii. 2. Propert iv. 12. 33. whence they 
were called PRiETEXTATI, Liv. xxii. 57. Cic. Mur^n- 
5. Suet. Au^* 44. 94. Hence amieitiapretextata^ u e. a te* 
nerts onnu^ formed in youth, Martial x. 20. But verba 
pretextata is put for od<fcra?/2a. Suet Vesp. 22. {quodnubm^ 
tibus^ depositis pr^textisy a multitudine puerorum obsccsna 
clamurentur^ Fesxus), Gell. ix. lO.Maim^ Sat'vu 1. and 
mores pr^textati, for impudici vtlcorrupti^ Juv^tiaL ii. 170. 

Under the emperors the toga was in a great measure dis- 
used, unless by clients when .they waited {oMcinmJaciebant) 
on their patrons, Suet. Aug. 60. Jl^artial. u 109. ii. 57.. x. 
74. 3. Scoliast. in Juvenal, x. 45. and orators ; hence call- 
ed Togat'u enrobed, Senec. de constant. 9« Tacit. Annal. xu 

Boys likevvise wore an hollow golden bafl or boss,, (AU- 
REA BULLA), which hung from the neck on the breast ; 
as some think in the shape of a heart, to prompt tfafem to 
wisdom ; according to others, round, with the figitra of a 
heart engraved on it, Cw. Ferr. i. B^.eiAscon- in loe^^ 
xxvi 36. Plaut. Bud. iv. 4. 127. Macrab. Sat. i. 6. The 
iions of freedmen and poorer ckizens used only a leathelm 
. boss, {l^ulla scorUa^ vel signum de paupere lora\ Juverud. jv. 



7^ koMAN D&£$s; 449 

165. Plih. xxxiii* 1. Bosses were also used as an ofnameDt 
for belts or girdles^ Ftrg- Mn. xii* 942* 

Young men usually, when they had completed tfie seven- 
teenth year of their age, laid aside iponebantyd, depmebanti 
the toga pratexta^ and put on {sumebant vel mduc6ant) the 
manly gown, (TOGA VIRILIS), called Toga pura, Cic 
Att, V. 20. ix. 19. because it was purely white ; and libb« 
RA, Ovid. Trist' iv. 10. 28. Fast. iii. 777. because they 
were then freed from the restraint of masters, and allowed 
greater liberty, Pers. v. 30. 

Thp ceremony of changing the toga was performed (toga 
mutabatur^ Hon Od. i. 36. 90 with great solemnity bef^ 
the images of the Lares^ Propert. iv. 132. to whom the bul» 
la was consecrated, (laribus donata pependttX Pers, ibid^ 
sometimes in the Capitol, Fal' Max. v- 4r 4. or they imme- 
diately went thither, or to some temple to pay their devo« 
ti(ms to the gods, Suet- Claud. 2< 

The usual time of the year for assuming the toga virUis 
was at the feasts of Bacchus in March, t'Liberalibus^xn. 
Kal. Apr. Cic. Att. vL 1.) Ovid. Fast iii. 771. 

Thai the young man was conducted by his father or prin« 
cipal relation to the Forum^ accompanied by his friends^ Cic- 
Att. ix. 22. Aug. 26. Suet. Ner. 7. Tib. 54. (whose attend* 
ance was called Officium soLENKs TOGA viRiLts, «Si<^f» 
Clatkl. 2. PSn. Epist. i. 9.) and there recommended to 
some enCiinent orator, whom he should study to imitate, Cic^ 
Am^ Ifc Tabit. Orat^ 34. whence he was said Forum attitu 
gere vel in forum venire^ when he began to attend to public 
business, ifonfisiastipendia tmspicabatur)^ Senec. Controv« 
V. 6. Cic. Fam. v. 8. xiii. 10- xv. 16. This was clalled Diea 
toga virilist Suet. Aug. 66* Cal. 15. Claud* 2. or Dies tiro* 
ciniij Suet. Tib. 54. and the conducting of one to the f(HruA» 
TYROCiNlUM,/rf. Aug. 26. Cal. 10. The young mert 
were called TIRONES, young or raw soldiers, because 
then they first began to serve in the army, Cic4 Phil. ii. 15. 
Fam.vn. 3. Suet* Ner. 7. Lw. xl. 35. Hence Tiro is 
put for a learner or novice, Cic. Orat i. 50. Ponere ttroci" . 
fiuon, to lay aside the character of a.leamer, and give a proof 
of one's parts, to be past his noviciate, Uv. xlv. 37. 

When all the forroalities of dus day were finished, ^ 

3N 



450 ROMAN ANTIQUITIES. 

friends and dq)endents of the family were invited to a feast, 
and .small presents distributed among them, called SPOR- 
TULiE, Plin. Ep. X. 117, 118. The emperors on that oc- 
casion used to give a largess to the people, (CONGI ARI- 
UM, so called from congius^ a measure of liquids), Suet. 
Tib. 54. TaciU Annul, m. 29. 

Servius appointed, that those who assumed the toga virilis 
should send a certain coin to the temple of youth, Dionys. 
iv* IS. 

t'atents and guardians permitted young men to assume 
(jlabant) tha toga virilism sooner or later than the age of seven- 
teen, as they judged proper, Cic. Att vi. 1^ Stiet. Aug. 8* 
CaL 10. CL 43. Ner. 7* under the emperors, which Aey 
had completed the fourteenth year. Tacit. Ann* xii. 41- xiii. 
15. Before this they were considered as part of the family, 
ipars domus\ afterwards of the state, (reipuiUca)y Taicit de 
Mor. Germ. 13. 

Young men of rank, after putting on the toga viriUsy com- 
monly lived in a separate house from their parents. Suet. 
Tib. 15'Domit' 2, It was, however, customary for them, as a 
mark of modesty, during the first whole year, to keep (roAt- 
bere) their right arm within the toga^ Cic. Co&l- 5- and in 
their exercises in the Campus MartitiS never to expose ihem^ 
selves quite naked, as men come to maturity sometimes did, 

. The ancient Romans had no other clothing but the ioga^ 
Cell. vii. 12. In imitation of whom, Cato used often to go 
dressed in this manner, and somtimes even to sit on the tri- 
bunal^ when praetor, (campestri sub toga dnctusX Ascorik in 
Cic. Val. Max- iii- 6* 7. Hoace Exigua toga Caioms\ Hor* 
Ep. i. 19. 13- Mrta, Lucan. ii. 386. because it was strait 
arcta) and coarse, (crassa vel pinguis), Herat* Sat. i; 3. 15. 
Juvenal, ix."^ 28. Martial, iv. 19. Nor did cdndidat» for 
oi^ces wear any thing but the toga. See p. 91. 

The Romans afterwards wore below the toga 2i white 
woollen vest called TUNICA, which came down a little be- 
low the knees before, and to the middle of the legs bdikid, 
QuinctiL xi. 3. at first without sleeves* Tunics withsieeves^ 
(CnxRODOTifi vel tunica mamcatai)^ or reaching to tfae m* 
€les, (Mlarcs) w«re reckoned effeminate, Cie^ Cat* \L 10. Firg^ 



The RoMAK Dress* 451 

Mn. ix. 616. GelU vii. 12. But under the emperOTs these 
came to be used with fringes at the bands, {(idmanusfitn* 
briat£\ from the example of Caesar, Suet JuL 45 longer 
or shorter^ according to fancy, Harat Sat. i. 2. 25. Prop, iv* 
2. 28. Those who wore them were said to be Manule a- 
Ti. Suet. Cal. 52. 

The tunic was fastened by a girdle or belt (CINGU- 
LUM, cinctusy -us, zokA vel Balteus) about the waist to 
keep it tight, which also served as a purs