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*• 


ROMAN  ANTIQUITIES: 

OB, 

AN  ACCOUNT 

OF  THB 

MANNERS  AND  CUSTOMS 

OF  THB 

ROMANS; 

RESPBCTINQ  TBEIR 

OOVBRNMBNT,  MAOI8TRACT,  LAWS,  lUDIClAL  PROCEEDINGS,  RELIGION,  GAMBII,  I^ILITA* 
BY  AND  NAVAL  AFPAIRS,  DREflS,  EXERCISE,  -BATHS,  MARRIAGES,  DIVORCES,  FUNERALS^ 
WEIGHTS  AND  MEASURES,  COINS,  METHOD  OP  WRITING,  HOUSES,  QABJaEHB,  AORlCOIr 
TURE,  CARRIAGES,  PUBLIC  BUILDINGS,  Ac.  &C. 

DESIGNED  CHIEFLY 

TO  ILLUSTRATE  THE 

LATIN   CLASSICS, 

BY  EXPLAIlflNO  WORDS  AND  PHRASES^  FROM  THE  RITB8  AND 
CUSTOMS  TO  WHICH  THEY  REFER. 


BY  ALEXANDER  ADAM,  L.Ti.D. 

Rector  of  the  High  School  of  BOmburgh. 


REVISED,  CORRECTED,  AND  ILLUSTRATED  WITH  NOTES  AND  ADDITIONS, 

BY  P.  WILSON,  L.L.D. 

PROFESSOR  OF  LANGUAGES  IN  COLUMBIA  COLLEGE. 


WITH  ADDITIONAL  NOTES, 

ILLUSTRATITE  PRINCIPALLY  OF  THE  EARLY  ROMAN  INSTITUTIONS;  PROM  NI£BDHB|  &C. 

AND  A  DETAILED  ACCOUNT  OF  THE  ROMAN  WATS, 

By  L.  L.  da  PONTE, 

PROFESSOR  or  ITAL.  LIT.  IN  THE  UNIVERSITY  OP  THE  CXTT  OF  NRW-TOSK. 


NEW. YORK. 

fV,  JEL  DEJl>r,  PRUTTER,  TO  FRA/VKFORT-aTREET. 

COLLINS  AND  HANNAY ;  COLLINS  AND  CO. ;  AND 

N.  AND  J.  WHITE. 


I83d. 


lit.'     Lj** 

152548   i 


X.      *' 


\  At       >*< 


Entered  according  to  the  Act  of  Congress^  m  the  year  One  Thousand  Eight 
HtmA-ed  and  Thirty-three^  by  William  £.  Dean,  in  the  Cleric  a  Ojfice  of 
the  Southern  District  of  New-YorL 


PREFACE 

TO 

THE  FIRST  EDITION 


NoTmiTG  has  more  engaged  the  attention  of  literary  men  since 
the  revival  of  leaminff,  tluin  to  trace  from  ancient  monuments  the 
institutions  and  laws,  the  religion^  the  manners,  and  customs  of  the 
Romans,  under  the  general  name  of  Roman  AntiauUies.  This 
branch  of  knowledge  is  not  only  curious  in  itself,  out  absolutely 
necessary  for  understanding  the  Classics,  and  for  reading  with  ad- 
vantage the  history  of  that  celebrated  people.  It  is  particularly  re- 
quisite for  such  as  prosecute  the  study  of  the  civil  law. 

On  these  accounts,  near  twenty  years  ago,  the  Compiler  of  the 
ibllowing  pages  thought  of  frammg,  from  Kennet  and  Nieuport, 
a  Compendium  tor  his  ovm  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  couU  not  de- 
rive from  either  the  satisfaction  he  wished.  He  therefore  had  re- 
course to  other  sources  of  information ;  and  chiefly  to  the  Clas- 
sics themselves.  To  enumerate  the  various  authors  he  has  con* 
suited,  would  be  tedious  and  usefess.  it  is  sufficient  to  say,  that 
he  has  borrowed  with  freedom,  from  sU  hands,  whatever  he  judged 
fit  for  his  purpose.  He  has  been  chiefly  indebted  to  Manutiusy 
BrissoniuSf  and  Middletoriy  on  the  senate ;  to  Pignoriusj  on  slaves ; 
to  Sigonius  and  Grucchius,  MantHius^  Huber^  Gravtna,  Mtntla,  and 
HtinecciuSy  on  the  assemblies  of  the  people,  the  rights  of  citizens, 
the  laws  and  judicial  proceedings ;  to  Ltpsius,  on  the  magistrates, 
the  art  of  war,  shows  of  the  circus  and  gladiators ;  to  Sheffer,  on 
naval  affairs  and  carriages ;  to  Ferraritts^  on  the  Roman  dress ;  to 
Kirchmannus,  on  funerals ;  to  Arhuthnot^  on  coins ;  to  Dickson^  on 
^riculture ;  to  Donatusj  on  the  city ;  to  Tvmtbus^  Abrahamus^  Ro- 
%mu8j  Salmasiusy  Hottomomannusy  Grcniusy  and  GronoviuSf  Montfaw 
con^  Pitiscusy  Emestif  and  particularly  to  Gtsner^  in  different  parts 
of  the  work. 

The  labour  he  has  undergone  can  be  conceived  by  those  only 
who  have  been  conversant  in  sudi  studies.  But  he  will  think  his 
pains  well  bestowed,  if  his  work  answer  the  end  intended,  to  fact, 
litate  the  acquisition  of  classical  learning.    He  has  d<»ie  every  diing 


nr  PREFACE. 

in  his  power  to  render  it  useful.  He  has  endeaTOured  to  give  a 
just  view  of  the  constitution  of  the  Roman  government,  and  to 
point  out  the  principal  causes  of  the  various  changes  which  it  under- 
went. This  part,  it  is  hoped,  will  be  found  calculated  to  impress  on 
the  minds  or  youth  just  sentiments  of  government  in  general,  by 
showing  on  the  one  hand  the  pernicious  effects  of  aristocratic  domi- 
natjpn ;  and  on  the  other,  the  still  more  hurtful  consequences  of  de- 
mocratical  licentiousness  and  oligarchic  tyranny. 

As  the  work  is  not  divided  into  books  and  chapters,  the  table  of 
Contents,  it  is  hoped,  mil  supply  that  deficiency. 

The  Compiler  has  now  in  a  great  measure  completed,  what 
above  twenty  years  ago  he  conceived  to  be  wanting  in  the  com- 
mon plan  of  education  in  this  country.  His  first  attempt  was  to 
connect  the  study  of  Latin  grammar  with  that  of  the  English ; 
which  was  approved  of  by  some  of  the  first  literary  characters  then 
in  the  kingdom.  It  is  suflBcient  to  mention  Mr.  Harris  and  Dr. 
Xjowtb.  He  has  since  contrived,  by  a  new  and  natural  arrange- 
ment, to  include  in  the  same  book  a  vocabulary,  not  only  of  the 
simple  and  primitive  words  in  the  Latin  tongue,  but  also  of  the  most 
common  derivatives  and  compounds,  with  an  explanation  of  phrases 
and  tropes.  His  next  attempt  was  to  join  the  knowled^  of  ancient 
and  modem  geography,  and  the  principles  of  history,  with  the  studv 
of  the  classics.  And  now  he  has  endeavoured  to  explain  difficult 
words  and  phrases  in  the  Roman  authors,  from  the  customs  to 
which  they  refer.  How  far  he  has  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  im- 
provement ot  youth ;  and  that  he  should  never  have  thought  of 
tnHibling  the  world  with  his  publications,  if  he  could  have  Found, 
on  any  of  the  subjects  he  has  treated,  a  book  adapted  to  his  purpose. 
He  has  attained  his  end,  if  he  has  put  it  in  the  power  of  the  teach- 
er to  convey  instruction  with  more  ease,  and  in  a  shorter  time ;  and 
of  the  learner,  to  procure,  with  greater  facility,  instruction  for  him- 
self. He  has  laboured  long  in  the  education  of  youth,  and  wished 
to  show  himself  not  unworthy  of  the  confidence  reposed  in  him  by 
the  public.  His  chief  enjoyment  in  life  has  arisen  from  the  acquisi- 
tion and  communication  of  useful  knowledge ;  and  he  can  truly  say 
with  Seneca,  Si  cum  hoc  exceptione  detur  sapiential  ul  illam  incliuam 
teneam^  nee  enunct«m,  rejiciam^  Ep.  6. 

Edinhurgh^    } 
April,  1791.  S 


ADVERTISEMENT 

TO  THS 

SECOND  EDITION. 


**  The  Compiler  has  felt  much  satisfaction  from  the  favourable  re- 
ception his  performance  has  met  with.  8tin)ulated  by  such  encou- 
ragement, he  has  exerted  his  utmost  industry  to  improve  this  edition. 
The  numerous  facts  and  authorities  he  has  added  will  show  the  pains 
he  has  bestowed. 

'^  As  several  of  the  Classics,  both  Gre^k  and  Latin,  are  differently 
divided  by  different  editors,  it  will  be  proper  to  mention  what  editions 
of  these  have  been  followed  in  the  quotations ;  Casar  by  Clarke^  or 
inusumDehhini;  Pliny ^hy  BroiUr  ;  Qutnch'/tan  and  the  writers  on 
husbandry,  by  Gttner  ;  Peironius  ArhiUry  bv  Burmannus  ;  Dionysius 
of  HalicamassuSf  by  Reiske  ;  Plutarch's  Morals,  by  Xylander  ;  and 
Dio  CassiuSf  by  Rehnarus.  It  is  needless  to  mention  the  editions  of 
such  authors  as  are  always  divided  in  the  same  manner.  Those  not 
divided  into  chapters,  as  Appian^  Strabo^  PlutarcVs  Lives^  &c.  are 
quoted  by  books  and  pages." 

In  addition  to  the  above  remarks  of  the  author,  it  is  considered 
requisite  only  to  observe,  that  the  Notes  which  have  been  supplied 
are  intended  to  combine  in  this  edition  with  the  gbeat  antiquarian 
research  displayed  in  the  work  of  Adam,  a  portion  of  the  more 
excluded  and  enlightened  criticism  with  which  recent  authors, 
and  particularly  those  of  Germany,  have  illustrated  the  history  of 
antiquity.  It  appears  from  the  universal  reception  with  which  this 
work  has  been  lavoured  for  so  long  a  period,  that  very  little  can  be 
added  to  the  text,  as  far  as  may  regard  the  explanation  of  classical 
terms,  or  their  ordinary  acceptation  even  among  the  ancient  writers. 
But  the  labours  of  Niebuhr  and  others  have  sufficed  to  show  that 
there  may  be  an  interpretation  of  their  remains  to  which  the  writings 
of  the  most  learned  commentators  have  not  furnished  a  key ;  and 
which,  though  by  no  means  within  the  view  of  Adam  in  the  compi- 
lation of  his  useful  manual,  is  equally  worthy  the  attention  of  the 
classical  scholar.  To  supply,  in  some  measure,  this  deficiency,  the 
Notes  which  will  be  found  throughout  the  pages  of  this  edition  have 
been  selected  from  Niebuhr,  &c. 


CONTENTS. 


FOUNDATION  of  Bomb,     . 
DivisioD  of  its  inhabitaott, 

I.  SENATE  and  Patiucuiis, 
Badges  of  Senators, 
Consultation  of  the  Senate, 
Decrees  of  the  Senate,  - 
Pbvirer  of  the  Senate,     - 

n.  EQUITES,     - 

m.  PLEBEIANS, 

Ptttrons  and  Clients^ 
Ni^riUi  et  IgnobiUs, 

Names  of  the  Romans,  - 

Ingcnm  et  JLibertkn, 

IV.  SLAVES,      -        -       - 

RIGHTS  of  RoMAir  CiTifixNs, 

I.  PRIVATE  RIGHTS,      - 

1.  Right  of  liberty, 

2 of  familv, 

8.  — —  of  marnslge, 
4-         ^  of  a  father. 

Emancipation  and  adoption 
5.  Right  of  property,     - 

*of  testament,  »^- 

■  of  irardship^    - 

n.  PUBLIC  RIGHTS, 
Jus  Lath,     ... 
—  Italicum, 
State  of  the  proyinces,  - 
^—  mnnicipai  towns,  colo- 
nies, Ac. 
foreigners, 


COMIXIA,  or  assemblies  of  the  peo- 
ple,        - 

1.  CoimCta  Curiaia^ 

2.  CetUuriata,    - 

3.  -^-^  TrilnUa, 
IfAGISTRATES,       - 

Kino,    •       *       .       . 
L  ORDINARY  MAGISTRATES, 

1.  Consals,    ... 

2.  Pretors,     ... 
3r  Censors,    ... 

4.  Tribunes,  - 

5.  JEdiles, 

6.  QusBstors,  ... 
Other  ordinary  magistrates, 
New  ordinary  magistrates  under 

the  Emperors, 


ib. 
10 
14 

17 
21 
24 
29 
32 
33 
34 
36 
ib. 
38 
ib. 
44 
46 
ib. 
47 
48 
ib. 
49 
50 
66 
60 
ib. 
64 
65 
66 

68 
72 

ib. 

74 

ib. 

88 

92 

96 

97 

ib. 

106 

112 

118 

124 

126 

128 

129 


U.  EXTRAORDINART  MAGIS- 
TRATES,      - 

1.  Dictator,  and  master  of  the 

horse,      .... 

2.  Deemnviri,-        ... 

3.  Military  Tribunes,    . 

4.  ItuttreXf     .        >        •        . 
Other  extraordinanr  magistrates, 

ra.  PROVINCIAL  MAGIS- 
TRATES, 

1.  —  Under  the  Republic,  - 

2.  —  Under  the  Emperors, 
Re-establishment   of  Monarchy 

under  the  Emperors, 
Public  servants  of  the  Magistiates, 
LAWS  OF  THE  ROMANS,       - 
Jut  et  LeXy     .... 
Laws  of  the  Twelve  Tables  • 
Origin  of  lawyers, - 
Consultation  of  lawyers. 
Lawyers  under  the  Kmperors, 
Laws  made  at  different  times, 
Laws  of  the  Emperors,  > 
Corpus  Juris,        -        -        _ 

.        JUDICIAL  PROCEEDINGS. 

I.  CIVIL  TRIALS,      - 
1.  Summoning  to  court, 
8.  Requesting  a  writ,     . 

3.  Difierent  actions, 

4.  Appointment  of  Jflulieef, 

5.  Form  of  trial,    - 

6.  Judgment,         ... 

,.    1'  C<>nsequenccs  of  a  sentence, 
n.  CRIMINAL  TRIALS,    -  ' 

Before  the  people, 

Before  the  Inquisitors, 

,    ^^  .    Before  the  Prators, 

1.  Choice  of  a  Jury, 

2.  The  accuser,     ... 

3.  The  accusation, 

4*  Trial  and  sentence,  - 

5.  Punishments^    -       .       . 

6.  Religion  of  the  Heathen,  ori- 
„„,  _ «in  of  Polythefam,  . 
RELIGION  OF  THE  ROMANS. 

DSITIXS, 

2.  Dii  SeUeiU,         -        '.        - 

3.  Dii  miMrum  gemkun. 


P«g6 

132 

ib. 
135 
137 

ib. 
ib. 

138 

ib. 

143 

145 
152 
165 
156 
169 
161 
163 
ib. 
ib. 
189 
190 
191 
ib. 
192 
ib. 
194 
204 
208 
210 
lb. 
212 
ib. 
215 
ib. 
216 
217 
218 
220 
«S6 


232 
238 
239 
ib. 
242 


VIU 


COm'KNTS. 


n.  MiirisTxas  of  Relmiov, 
III.  Placis  of  Worship,  and  Bk- 
Lioious  Rites, 
Tbs  Roman  Year, 
Division  of  Days,  ... 
Roman  Festivals, 

ROMAN  GAMES. 

1.  Games  and  shows  of  the  Cir- 

cus,        -        -        -        - 

2.  Gladiators,        ;       .       . 

3.  Stage  Plays, 
MILITARY  AFFAIRS. 

1.  Levying  of  Soldiers,  • 

2.  Division  of  Troops;   their 

arms,  offices,  and  dress,  - 

3.  Discipline  of  the  Romans ; 

their  marches  and  encamp- 
ments,    ...        - 

4.  Order  of  Battle,  and  different 

Standards,      .        .        - 

5.  Military  rewards, 

6.  A  triumph,         .        -        - 

7.  Military  punishments. 

8.  Military  pay  and  discharge, 

9.  Attack  and   Defence   of 

towns,     .        -        -        - 
NAVAL  AFFAIRS  of  the  Romans, 
CUSTOMS  OF  THE  ROMANS. 
I.  Dress, 

If.   ENTERTAIMMEIfTS,     .  -  - 

Posture  at  Meals,  .        -        - 
Couches,        .        -        -        - 

Tables, 

Eiercises,      .        «        .        - 

Baths, 

Favourite  dishes^  - 


Page 
245 

270 

277 

282 

ib. 

286 

257 
29T 
297 
305 
ib. 

309 


313 

319 
324 
326 
329 
330 

331 
336 
347 

ib. 
365 
367 

ib. 
369 
370 
872 
375 


Wines,  - 

Cups,  - 
Private  games, 

III.  Marriage,    - 
Divorce, 

IV.  Funerals, 
WEIGHTS  and  COINS, 

Computation  of  money, 

—————  interest, 
MEASURES  of  LENGTH,  - 

Capacity,     - 

Method  of  WRITING, 

Libraries,    ... 
HOUSES  of  the  ROMANS, 

Spinning  and  weaving, 

Cnimneys  and  windows, 
Villas  and  GardenSi  - 
AGRICULTURE, 

Propagation  of  trees, 
CARRIAGES,       - 
DIVISIONS  of  the  CITY,    - 
PUBLIC  BUILDINGS, 

1.  Temples   -        .        - 

2.  Places  of  amusement  and  ex 

ercise, 

3.  Curi«, 

4.  Fom, 
6.  Porticos,   - 

6.  Columns,  - 

7.  Triumphal  arches, 

8.  Trophies,  - 

9.  Aquaeducts, 

10.  ClocetB^      - 

11.  Public  ways,     - 

12.  Bridges,     - 
Linrrs  of  the  Ehpirb,  - 


P»g« 
380 
363 
384 

.886 
394 
397 
413 
417 
42i 
423 
424 
426 
486 
436 
440 
443 
446 
449 
458 
462 
471 
474 
ib. 

476 
477 

ib. 
478 
479 
480 

ib. 
481 
482 
483 
488 
490 


A 

SUMMARY 


OF 


ROMAN  ANTIQUITIES. 


The  Foundation  of  the  City,  and  Division  of  Us  iNnABiTANxs. 

RoMB  was  founded  by  Romulus  and  a  colony  from  Alba  Longa^ 
753  years,  as  it  is  commonly  thought,  before  the  birth  of  Christ.  Th^y 
began  to  buiJd  oo  the  2l8t  day  of  April,  which  was  called  Palitia^ 
from  Pales,  the  goddess  of  shepherds,  to  whom  it  was  consecrated, 
and  was  ever  i^er  held  as  a  festival ;  {diet  tiatalis  urbis  RonuzJ) 
Yell.  Paterc.  i.  8.  Ovid.  Fast.  iv.  80& 

Romulus  divided  the  people  of  Rome  into  three  TRIBES  ;*  and 
each  tribe  into  ten  CURI  J£.  The  number  of  tribes  was  afterwards 
increased  by  degrees  to  thirty-five.  They  were  divided  into  country 
and  city  tribes,  {nuticcB  ei  urbana.)  The  number  of  curia  always 
remained  the  same.  Fjach  curia  anciently  had  a  chapel  or  temple 
for  the  performance  of  sacred  rights,  Varr.  de  LaL  ling.  iv.  32.  TacU. 
Ann.  xii.  24.  Dionys.  ii.  23.  He  who  presided  over  one  curia  was 
called  Cuaio,  {quia  sacra  curabat,  Festus ;}  he  who  presided  over 
them  all,  Curio  Maxihus. 

From  each  tribe  Romulus  chose  1000  foot^soldters,  and  100  horse. 
These  3000  foot  and  300  horse  were  called  LEGIO,  a  lecioa,!  be- 
cause the  most  warlike  were  chosen,  Plutarch,  in  Romulo :  hence 
one  of  the  thousand  which  each  tribe  furnished  was  called  Miles, 

•  *'  In  every  naUon  orantiqotty  there  was  a  peculiar  immemorial  mode  of  division 
into  a  stated  number  of  tribes.  If  the  citizens  of  a  state,  whether  the  whole  body  of 
themt  or  a  portion  of  that  body,  enjoyed  an  eqaatity  of  civil  rights,  and  at  the  same 
lime  did  not  live  united  together  in  a  central  capital,  but  scattered  about  in  hamlets, 
these  were  subjected  to  the  same  principle  of  arrangement.  The  tribes  in  the  states 
of  antiquity  were  constituted  on  a  twofold  principle :  in  some  states  the  arrangement 
was  regulated  by  the  houses  which  composed  the  tribes,  in  others  by  the  ground 
which  they  occupied.  It  might  seem  as  u  the  two  principles  most  have  coincided, 
when  at  the  settlement  of  a  citv  a  tribe  consisting  of  certain  houses  had  a  whole  tract 
of  laud  assigned  to  it ;  nevertheless  this  did  not  form  its  bond  of  union.  The  gene- 
alogical tribes  were  more  ancient  than  the  local,  by  which  they  were  almost  every- 
where  superseded.  Their  form  in  its  utmost  strictness  is  that  of  castes;  where  one 
is  separated  from  another,  wfthout  the  right  of  intermarrying,  and  with  an  entire  dif- 
ference of  rank ;  each  having  an  eiclnsive  unalterable  catling.  The  local  tribes 
when  first  established  are  adapted  to  the  division  of  a  country  into  districts  and  ham* 
lets :  so  that  every  one  at  the  time  when  such  a  division  was  made,  was  enrolled  in 
the  phyle  to  the  region  of  which  the  village  belonged.*'    Niebuhr, — £j). 

t  From  Lego,  I  choose. 

2 


10        '  ROMAN  ANTIQUITIES. 

Varro.  de  LaL  ling.  iv.  16.  (unus  ex  mille,)  bidor*  ix«  3.  The  com- 
mander pf  a  tribe  was  called  Tribumus,  ((pwXafx^^  vtl  ffiruafxof.) 
Dionys.  ii.  7.   Veget.  ii.  7. 

The  whole  territory  o(  Rome,  then  very  small,  was  also  divided 
into  thr^e  parts,  but  not  equal.  One  part  was  allotted  for  the  ser- 
vice of  religion,  and  for  building  temples ;  another  for  the  king's  re- 
venue, and  the  uses  of  the  state ;  the  third  and  mosl  considerable 
part  was  divided  into  thirty  portions,  to  answer  to  the  thirty  curias, 
Dionys,  ii.  7. 

Thepeople  were  divided  into  two  ranks,  {ordxnes,)  PATRICIANS 
and  PLEBEIANS ;  connected  together  as  PATRONS  and  CLI- 
ENTS, Dionys.  ii.  9.  In  after  times  a  third  order  was  added,  name- 
ly, the  EQUITES. 

Thb  senate. 

1.  The  Institution  and  Number  of  the  Senate. 

The  senate  was  instituted  by  Romulus,  to  be  the  perpetual  coun- 
cil of  the  Republic,  {Concilium  reipublicos  senwitemnm^  Cic.  pro  Sex- 
tio,  65.)*  It  consisted  at  first  only  of  100.  They  were  chosen  from 
among  the  Patricians ;  according  to  Dionysins  of  Halicamassus,  ii. 
13,  three  were  nominated  by  each  tribe,  and  three  by  each  curia. 
To  these  ninety-nine  Romulus  himself  added  one,  to  preside  in 
the  senate  and  have  the  care  of  the  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 
(heir  offspring,  PATRICIl ;  Qui  patrem  ciere  nossent,  i.  e.  ingenui, 
Liv.  X.  8.  Dionys.  ii.  8.  Festus.)  After  the  Sabines  were  assumed 
into  the  city,  another  hundred  were  chosen  from  them  by  the  suf- 
frages of  the  ct/n'cB,  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 
&  30.  Tarquinius  Priscus,  the  fifth  king  of  Rome,  added  100  more, 
who  were  called  PATRES  MINORUM  GENTIUM.  Those  cre- 
ated by  Romulus  were  called  PATRES  MA  JORUM  GENTIUM, 
Tacit.  Annal.  xi.  25.  and  their  posterity,  Palricii  Majorum  Gentium. 
This  number  of  300  continued,  with  small  variation,  to  the  times  of 
Sylla,  who  increased  it ;  but  how  many  he  added  is  uncertain.  It 
appears  there  were  at  least  above  400,  Cic.  ad  Attic,  i.  14. 

In  the  time  of  Julius  Caesar,  the  number  of  senators  was  increas- 
ed to  900,  Dio.  xliii.  47.  and  after  his  death  to  1000 :  but,  many 

,  ^  "  The  contemporaries  of  Camillus,  though  they  bad  a  firmly  rooted  belief  in  the 
legends  about  Romulus,  would  have  laughed  at  any  one  who,  as  the  most  Intelligent 
men  did  three  centuries  after,  should  have  represented  the  institution  of  the  senate 
as  a  measure  of  policy  issuing  from  the  free-will  of  the  founder  of  the  city.  In  all 
the  cities  belonging  to  civilized  nations  on  the  coasts  of  the  Mediterranean,  a  senate 
was  a  no  less  essential  and  indispensable  part  of  the  state  than  a  popular  assembly : 
it  was  a  select  body  of  the  elder  citizens."    Nicbuhr. — Ep. 


THE  SENATE.  %       11 

■ 

worthless  persons  having  been  admitted  into  the  senate  during  the 
civil  wars,  /i  liL  42.  one  of  whom  is  called  by  Cicero  self-chosen, 
{lectus  ipse  a  se^)  Phil.  xiii.  13 ;  Augustus  reduced  the  number  to 
600,  Suet.  Aug.  35.  Dio.  liv.  14. 

Such  as  wei'e  chosen  into  tlie  senate  by  Brutus,  after  the  expul- 
sion of  Tarquin  the  Proud,  to  supply  the  place  of  those  whom  that 
king  had  slain,  were  called  CONSCRIPTI,  i.  e.  persons  written  or 
enrolled  together  with  the  old  senators,  who  alone  were  properly 
styled  Patres.  Hence  the  custom  of  summoning  to  the  senate  those 
who  were  Patres^  and  who  were  Conscripti,  {ita  appellahani  in  im>- 
vwrn  senatum  lectos^  Liv.  ii.  1.)  Hence  also  the  name  Patres  Con* 
scripti  (sc  et)  was  afterwards  usually  applied  to  all  the  senators. 

2.  The  choosing  of  Senators. 

Persons  were  chosen  into  the  senate,  {Senatus  legebalur,  Liv.  xK 
5L  vel  in  senatum  legebantur,  Cic  Cluent.  47.)  first  by  the  kings, 
Liv.  i.  8.  XXX.  35.  and  after  their  expulsion,  by  the  consuls,  Liv.  iL 
1.  and  by  the  military  tribunes.  Festus  in  Prateriti  Senatores  ;  but 
from  the  year  of  the  city  310,  by  the  censors :  at  first  only  from  the 
Patricians,  but  afterwards  also  from  the  Plebeians,  Liv.  ii.  32.  v.  12, 
chiefly  however  from  the  Equites ;  whence  that  order  was  called  Se- 
minarium  Senatusy  Liv.  xlii.  61. 

Some  think  that  the  senate  was  supplied  from  the  annual  magis- 
trates, chosen  by  the  people,  all  of  whom  had  of  course  admittance 
into  the  senate ;  but  that  their  senatorial  character  was  not  esteem-  * 
ed  complete  till  they  were  enrolled  by  the  censors  at  the  next  Lus^ 
trum  ;  at  which  time  also  the  most  eminent  private  citizens  were 
added  to  complete  the  number.    See  Middleton  on  the  Rankin  Sejiate. 

After  the  overthrow  at  the  battle  of  Canna},  a  Dictator  was  cre- 
ated for  choosing  senators,  Liv.  xxiii.  22.  After  the  subversion  of 
liberty,  the  Emperors  conferred  the  dignity  of  senator  on  whom  they 
thought  fit.  Augustus  creatcd^three  men  to  choose  the  senate,  and 
other  three  to  review  the  Equites,  in  place  of  the  censors,  Suet.  Aug. 
37.  Dio.  Iv.  13. . 

He  whose  name  was  first  entered  in  the  censor's  books,  was  called 
PRINCEPS  SENATUS,  which  title  used  to  be  given  to  the  person 
who  of  those  alive  had  been  censor  first,  {qui  primus  censor,  ex  Us  qui 
viverent  fuisset,  Liv.  xxvii.  11. ;)  but  after  the  year  544,  to  him  whom 
the  censors  thought  most  woilhy,Ltv.  xxvii.  12.  This  dignity,  although 
it  conferred  no  command  or  emolument,  was  esteemed  the  very  hi^- 
est,  and  was  usually  retained  for  life,  Liv.  xxxiv.  44.  xxxix.  52.  It 
is  called  Principatus  ;  hence  afterwards  the  Emperor  was  named 
Princeps,  which  word  properly  denotes  only  rank,  and  not  power. 

In  choosing  senators,  regard  was  had  not  only  to  their  rank,  but 
also  to  their  age  and  fortune. 

The  age  at  which  one  might  be  chosen  a  senator  {JEtas  Senato- 
aiA)  is  not  sufSciently  ascertained ;  although  it  appears  that  there 


12        •  ROMAN  ANTlQUltlfia 

was  a  certain  age  requisite,  Cic.  de  lege  Manil.  21.  TaciU  Ann.  xV/ 
28.  Ancientl]^  senators  seem  to  have  been  men  advanced  in  years, 
as  their  name  imports,  Sallnsl.  Col.  6.  Cic.  de  Sen.  6.  Ovid*  Ast.  v. 
63.  Flor.  ].  15.  But  in  after  times  the  case  was  otherwise.  It 
seems  probable,  however,  that  the  age  required  for  a  senator  was 
not  below  thirty.  This  may  be  presumed  from  certain  laws  givert 
to  foreign  nations,  at  different  times,  in  imitation  of  the  Romans, 
Cic.  in  Kerr.  ii.  49.  Plin.  ad  Traj.  Ep.  x.  83.  for  there  is  no  positive 
assertion  on  this  subject  in  the  classics. 

The  first  civil  office  which  gave  admission  into  the  senate  was 
the  Qusestorship,  which  some  have  imagined  might  be  enjoyed  at 
twenty-five,  and  consequently  that  one  might  then  be  chosen  a  sena- 
toir ;  from  Dio  Cassimj  Hi.  liO.  Others  think  at  twenty-seven,  on 
the  authority  of  Polybins,  vi.  17.  who  savs  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  qusDstor  at  twenty-seven.  But 
few  obtained  that  office  so  early ;  and  Cicero,  who  often  boasts  that 
he  had  acquired  all  the  honours  of  the  city,  without  a  repulse  in  any, 
and  each  in  his  proper  year,  (suo  anno,)  or  as  soon  as  he  could  pre« 
tend  to  it  by  law,  had  passed  his  thirtieth  year  before  he  obtained 
the  quaestorship,  which  he  administered  the  year  following  in  Sicily. 
Sk>  that  the  usual  aie  of  enjoying  the  qusDStorship,  (cetas  qucsstoria,) 
and  of  course  of  being  chosen  a  senator,  in  the  time  of  Cicero, 
kseems  to  have  been  thirty-one. 

But  although  a  person  had  enjoyed  the  qudestorship,  he  did  not 
on  that  account  become  a  senator,  unless  he  was  chosen  into  that 
order  by  the  censors,  Gell.  iii.  18.  But  he  had  ever  after  the  right 
of  coming  into  the  senate,  and  of  giving  his  opinion  on  any  ques- 
tion, Cic.  in  Verr.  v.  14.  Ep.  ad  Fam.  ii.  7.  About  this,  however, 
writers  are  not  agreed.  It  is  at  least  certain,  that  there  were  some 
offices  which  gave  persons  a  legal  title  to  be  chosen  into  the  senate, 
(imde  in  eenatum  legi  debtrenQ  Liv.  xxii.  49.  Hence  perhaps  the 
senators  are  sometimes  said  to  have  been  chosen  by  the  people, 
{lecti  jtusu  populif)  Liv.  iv.  4.  Cic.  pro  Sext.  65.  And  Cicero  often 
3n  his  orations  declares,  that  he  owed  his  seat  in  the  senate,  as  well 
jas  his  other  honours,  to  the  favour  of  the  people,  post.  red.  in  Senat. 
1.  He  asserts  the  same  thing  in  general  terms,  in  Verr.  iv.  II.  pro 
Cluent.  56. 

Persons  also  procured  admissiofi  into  the  senate  by  military  ser- 
vice, Senatorium  per  militiam  uuspicabantur  gradurn,  Senec.  Ep.  47. 
,So  Iav.  xxiii.  23. 

When  Sylla,  after  the  destruction  occasioned  by  his  civil  wars 

9ind  proscriptions,  thought  proper  to  admit  into  the  senate  about 

.300  Equxtea,  he  allowed  the  people  to  give  their  vole  concerning 

e^ach  of  them 'in  an  assembly  by  tribes,  Appian.  de  hell.  Civ.  vi.  413. 

But  Dionysius  says,  that  Sylla  supplied  the  senate  with  any  persons 

.that  occurred  to  him,  v.  77.  and  probably  admitted  some  of  the  low- 

««st.ir8goik:,.i940*xl.63. 


THE  SENATE.  13 

The  Fliamm  of  Jupiter  had  a  seat  in  the  senate,  in  right  of  his  of« 
fice,  Lh.  xxrii.  8.  a  privilege  vvhich  none  of  the  other  priests  en- 
joyed, Cic.  AtL  iv.  2. 

Augustus  granted  to  the  sons  of  senators,  after  they  assumed  the 
manly  gomn^  the  right  of  wearing  the  laiuB  clavus^  and  of  being' pre<& 
sent  at  the  debates  of  the  senate,  that  thus  they  might  become  the 
sooner  acquainted  with  public  affairs,  {quo  ceUrius  reipublica  aituea-^ 
Cerent t)  Suet.  Aug.  38.  They  also  had  the  privilege  of  wearing  the 
crescent  on  their  shoes,  Stat,  St/h.  v.  2.  28* 

No  one  could  be  chosen  into  the  senate  who  had  exercised  a  low 
trade-,  or  whose  father  had  been  a  slave,  {libertino  patre  natvsy  Horat. 
Sat  1.  6.  21.  &L  44. ;)  but  this  was  not  always  observed.  Appius 
Claudius  Csdcus  first  disgraced  {inquinatit  vel  deformavii)  the 
senate  by  electing  into  it  the  sons  of  freedmen,  (lihtrtinorwn  filiis 
leetisf)  Liv.  ix.  2§.  46.  or  the  grandsons,  according  to  Suetonius, 
who  says,  that  libertini^  in  the  time  of  Appius,  did  not  denote  those 
who  were  freed,  but  their  progeny,  (ingenuos  ex  his  procreates^)  Suet. 
Claud.  24,  a  distinction  which  no  where  occurs  in  the  classics.  Sex. 
Aur.  Victor  calls  those  chosen  by  Appius  Libert ini  ;  de  vir^ 
ilitist,  34.  But  nobody  regarded  that  election,  whatever  it  veas,  as 
valid,  Liv.  ix.  46.  and  the  next  consuls  called  the  senate  in  the  order 
of  the  roll,  which  had  been  in  use  before  the  censorship  of  Appius, 
Ibid.  30.  It  appears,  however,  that  freedmen  were  admitted  into 
the  senate,  at  least  towards  the  end  of  the  republic.  For  Dio  Cas* 
sius,  speaking  of  the  censorship  of  Appius  Cfiaudius,  and  Piso,  the 
father-m-law  of  Caesar,  A.  U.  704,  says,  that  Appius  excluded  not 
oiily  all  freedmen,  (clcsXsu^s^i),  but  also*  many  noUemen,  and  among 
the  rest  Sallust,  the  historian,  xl.  63.  for  havmg  been  engaged  in  an 
intrigue  with  Fausta,  the  daughter  of  Sylla  and  wife  of  Sf  flo,  {a  otto 
deprehensiu^  virgis  casus  erat,)  Gell.  xvii.  18.  Serv.  in  Virg.  Mn* 
vi.  612.  Acron  in  Herat  Sat.  i.  2.  41.  Ceesar  admitted  into  the 
senate  not  only  his  o£Bcera,  Dio.  xlii.  51.  but  even  his  mercenary 
soldiers,  Id.  xliii.  20.  xlviii.  22.  Hi.  25.  &  42.  all  of  whom  Augustus 
removed,  Ibid.  At  which  time  he  was  so  apprehensive  of  danger, 
that  when  he  presided  in  the  senate,  he  always  wore  a  coat  of  mail 
under  his  robe,  and  a  sword,  with  ten  of  the  stoutest  of  his  senatorian 
friends  standing  round  his  chair.  Suet.  Aug.  35. . 

In  the  year  of  Rome  535,  a  law  was  made,  that  no  senator,  or 
father  of  a  senator,  should  keep  a  bark  above  the  burden  of  300 
amphora^  or  eight  tons ;  for  this  was  reckoned  sufficient  to  carry 
their  grain  from  their  farms,  and  it  seemed  below  tf  senator  to  reap 
advantage  by  merchandise,  lAv.  xxi.  63.  Cic.  in  Verr.  v.  18. 

Anciently  no  regard  seems  to  have  been  paid  to  the  fortune  (cbn- 
sus)  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  a  fortune  of  at  least 
fight  hundred  sestertia,  or  800,000  sestertii^  which  are  computed  to 
amount  to  between  six  and  seven  thousand  pounds  sterling.    Angus- 


14  ROMAN  ANTIQUITIES. 

tofl  raised  it  to  1200  staUriia^  and  supplied  the  deficiency  to  those 
i¥ho  had  not  that  sum,  SueU  Aug,  41.  Cicero  also  mentions  a  cer- 
tain fortune  as  requisite  in  a  senator,  Fam,  xiii.  5. 

Every  lustrum^  i.  e.  at  the  end  of  every  fifth  year,  the  senate  was 
reviewed  by  one  of  the  censors ;  and  if  any  one  by  his  behaviour  had 
rendered  himself  unworthy  of  that  high  rank,  or  had  sunk  his  for- 
tune below  that  of  a  senator,  his  name  was  passed  over  by  the  censor 
in  reading  the  roll  of  senators  ;  and  thus  he  was  held  to  be  excluded 
from  the  senate,  (motus  e  stnatu.) 

But  this,  though  disgraceful,  did  not  render  persons  infamotiSy  as 
those  condemned  at  a  trial ;  for  the  ignominy  mi^ht  be  removed  by 
the  next  censors*  or  thev  might  obtain  ofiices  which  again  procured 
them  admittance  into  the  senate,  Ctc.  pro  Cluent^  4Sl.  as  was  the 
case  with  C.  Antonius,  who  was  consul  with  Cicero ;  and  with  P. 
Iientulus,  who  was  praetor  at  the  time  ^f  Catiline's  conspiracy,  Dio. 
xxxviii.  Sk).  Thus  also  Sallust  the  historian,  that  he  might  recover 
bis  lenatorian  dignity,  was  made  praetor  by  Caesar,  Dio,  xliL  52.  tind 
afterwards  governor  of  Numidia,  where  he  did  not  act  as  he  wrote, 
(«w  ^fi.ifiit}<raro  Tw  »fyw  roug  Xoyouf,)  Id,  xliii.  9.  but  by  rapacity  and  ex- 
tortion accumulated  a  ^eat  fortune,  which  he  left  to  his  grand- 
nephew,  TaciU  Annod,  iii.  30.  Horai,  Od.  ii.  2. 

The  indul^nce  of  being  enrolled  in  the  senate  as  supernumerary 
members,  without  a  formal  election,  was  fir^t  granted  to  magistrates 
by  the  censors,  A.  U.  693.  Dio.  xxxvii.  46. 

There  was  a  list  of  the  senators,  (album  sBNATORiniiyXcuxwfMx  vel 
^Maypn^^'n  ^ouXeuTujv,)  where  all  their  names  were  written,  which*  by 
the  appointment  of  Augustus,  used  to  be  annually  pasted  up  in  the 
aenatc-house,  Dio.  Iv.  3.  tt  Fragment.  137.  and  the  name  of  any 
fsenator,  who  had  been  condemned  by  a  judicial  sentence  was  erased 
from  it,  Tacit,  Annal.  iv.  42. 

3.  The  Badges  and  Privileges  of  Senators. 

The  Badges  (insignia)  of  senators  were,  1.  the  Lotus  clavus,  or 
Tunica  laticiavia,  i.  e.  a  tunic  or  waistcoat  with  an  oblong  broad 
«tripe  of  purpl<5,  like  a  riband,  sewed  to  it  on  the  fore  part.  It  was 
broad,  to  distinguish  it  from  that  of  the  Equites,  who  wore  a  narrow 
one.  2.  Black  buskins  reaching  to  the  middle  of  the  leg,  Horat, 
Sat.  i.  6.  28.  with  the  letter  C  in  silver  V)n  the  top  of  the  toot,  Juv. 
vii.  192.  Hence  calceos  mutar^y  to  become  a  senator,  Ctc.  Phil, 
xiii.  13.  3.  A  particular  >lace  at  the  public  spectacles,  called  Or- 
chestra, next  the  stage  in  the  theatre,  and  next  the  arena  in  the 
amphitheatre,  Ctc.  Cluent,  47. 

This  was  first  granted  them  by  P.  Cornelius  Scipio  the  elder,  in 
his  consulship,  A.  U.  558.  Liv.  xxxiv.  54.  Hence  Orchestra  is  pjit 
for  the  senate  itself,  Juvenal,  iii.  177. 

In  the  games  of  the  circus  the  senators  sat  promiscuously  with  the 
other  citizens,  till  the  Emperor  Claudius  assigned  them  peculiar 
seats  there  also,  Suet,  Claud,  21,  Dio,  Ix.  7. 


THE  SENATE.  IS 

On  soiemn  festiyak,  Mrhen  sacrifices  were  offered  to  Jupiter  by 
the  magistrates,  (m  epulo  Jovis  vel  in  coma  Diali)^  the  senators  had 
the  sole  right  of  feasting  publicly  in  the  Cq)itol,  QtlL  xii.  8.  Dio. 
xlviiL  52.  dressediu  their  senatorian  robes,  and  such  as  were  proper 
to  the  offices  which  they  had  borne  in  the  city,  Ctc.  Phil,  ii.  43^ 
Sfnec.  cdntr.  i.  18.  When  Au^stus  reduced  the  number  of  the 
senate,  he  reserved  to  those  excluded,  the  badge  of  their  dress,  and 
the  privile^  of  sitting  in  the  Orchestra^  and  of  coming  to  these  pub- 
lic entertamments,  {publice  epulandijus  ;)  Suet.  Aug.  35. 

4.  The  assembling  of  the  Senate^  and  the  Time  and  Place  of  its 

Meeting. 

The  senate  was  assembled  {convocabatur^  vel  cogebatur)  at  first 
by  the  kings,  Liv.  i.  48.  after  the  expulsion  of  Tarquin,  usually  by 
the  consuls,  and  in  their  absence  by  the  prcetors,  Ctc  Ep.  Fam,  x* 
12, 28.  also  by  the  dictator,  master  of  the  horse,  lAv.  viii.  33.  by  the 
decemviriy  military  tribunes,  interrex,  prefect  of  the  city,  Liv.  iii.  9 
&  29.  A,  GelL  xiv.  7.  and  by  the  tribunes  of  the  commons,  who 
could  summon  the  senate  although  the  consuls  were  present,  and 
even  against  their  will ;  Ctc.  Ep.  Fam.  x.  28.  xi.  6.  De  Orat.  iii.  L 
GelL  xiv.  8.  The  Emperors  did  not  preside  in  the  senate,  unless 
when  invested  with  consular  authority,  (Princeps  prasidebat;  era$ 
enim  consul^)  Plin.  Ep.  iL  11.  Paneg.76. 

The  senators  were  summoned  (arcessebantur^  ciiabantur,  9ocaiaii> 
tur^  in  senatum  vocabantur,  &c.)  anciently  by  a  public  officer  named 
VIATOR,  because  he  called  the  senators  from  the  country ;..  Cic.  de 
Sen.  16.  or  by  a  public  crier,  when  any  thing  had  happened  about 
which  the  senators  were  to  be  consulted  hastily,  and  without  delay,. 
Liv.  iii.  38.  but  in  latter  times  by  an  EDICT,  appoieting  the  time  and 
place,  and  published  several  days  before,  Ctc.  Phil,  iii.  8.  not  only  at 
Rome,  but  sometimes  also -in  the  other  cities  of  Italy,  Cic.  ad  Att,  ix, 
17.  The  cause  of  assembling  it  used  also  to  be  added,  consultanduk 
syPER  RE  If AONA  ET  ATROC,  Tacil.  Annal.  ii.  28.  Edicere  senat^im  in 
proximum  diem ;  Edicere  lU  senaius  adesset^  S/c.  Cic.  et  Liv,  passim.. 

If  any  senator  refused  or  neglected  to  attend,  he  was  punished  by 
a  fine  and  by  distraining  his  goods,  {mulctd  et  pignoris  captions  ;) 
unless  he  had  a  just  excuse,  Liv,  iii.  38.  Cic.  Phil,  i.  5.  Plin,  Ep,  iv. 
29.  The.  fine  was  imposed  by  him  who  held  the  senate,  and  pledges 
were  taken  till  it  was  paid.  But  after  sixty  or  sixty-five  years  of 
age,  senators  might  attend  or  not  as  they  pleased,  Senec,  de  Brev, 
Vita.  20.  Contrtro.  i.  8.  Pliiu  Ep.  iv.  23. 

The  senate  could  not  be  held  but  in  a  temple,  that  is,  in  a  place 
consecrated  by  the  augurs,  Qell.  xiv.  7.  that  thus  their  deliberations 
might  be  rendered  more  solemn,  Ctc.  Dam.  51. 

Anciently  there  were  but  three  places  where  the  senate  used  to 
be  held  ( Curi(z  v.  Senacula  ;)  two  within  the  city,  and  the  temple  of 
Bellona  without  it,  Festw.    Afterwards  there  were  more  places,  as 


16  ROMAN  ANTIQUITIES. 

the  temples  of  Jvpiter  Stator,  Apollo^  Mars^  Vulcan^  Teltus  ;  of  F»V« 
tue^  Failhf  Concord^  &c  Also  the  Curia  HosHliOf  Julia^  Octaviaf 
and  Pompeia;  which  last  was  shut  up  .after  the  death  of  Caesar,  be- 
cause he  was  slain  in  it,  Sutl,  J\d,  88.  These  Curia  were  conse* 
crated  as  temples  by  the  augurs,  but  not  to  any  particular  deity. 
When  Hannibal  led  his  army  to  Rome,  the  senate  was  held  in  the 
camp  of  Flaccus,  the  proconsul,'  betwixt  the  Porta  Collina  and 
JEsauilina^  Liv.  xxvi.  10« 

When  a  report  was  brought  that  an  ox  had  spoken,  a  thing  fre* 
quentiy  mentioned  in  ancient  authors,  the  senate  was  held  under  the 
open  air,  Plin,  Hist.  Nat.  viii.  45. 

On  two  special  occasions  the  senate  was  always  held  without  the 
city,  in  the  temple  of  Bellona  or  of  Apollo ;  for  the  reception  of 
foreign  ambassadors,  especially  of  those  who  came  from  enemies, 
whom  they  did  not  choose  to  admit  into  the  city ;  and  to  give  au- 
dience {cwn  senatus  datus  est)  to  their  own  generals  who  were 
never  allowed  to  come  within  the  walls  while  in  actual  command, 

lAv.  iiL  63.  xxxi.  47.  xxxiii.  c.  22,  ^  24 34,  43,  36,  39,-4?,  36. 

Senec.  Bene/,  v.  15. 

The  senate  met  {conveniebat)  at  stated  times,  on  the  kalends, 
nones,  and  ides  of  every  month ;  unless  when  the  comitia  were  held. 
For  on  those  days  {diebiis  comitialibus)  it  was  not  lawful  to  hold  a 
senate,  Cic.  ad  Frat.  iu  2.  ad  Fam.  i.  4.  nor  on  unlucky  days,  {die" 
6u9  nefastis  v,  atris)  unless  in  dangerous  conjunctures.  Id,  viii.  8. 
Liv.  xxxviii.  53. — ^xxxix.  39.  in  which  case  the  senate  might  post« 
pone  the  comitia :  Ibid.  &  Cic.  Mur.  25. 

An  ordinary  meeting  of  the  senate  was  called  Senatus  LE6ITI- 
MU8,  Suet.  Aug.  35.  If  an  extraordinary  senate  was  given  to  am- 
bassadors or  others  for  any  reason  whatever,  it  used  to  be  called  IN-* 
DICTUS  or  EDICTUS,  and  then  the  senators  were  usually  sum- 
moned bv  an  edict,  whereby  anciently  those  were  ordered  to  attend 
who  were  PATRES,  and  who  were  CONSCRIPTI,  Liv.  ii.  1.  but 
afterwards,  "  those  who  were  senators,  and  who  had  a  right  to  de- 
liver their  opinion  in  the  senate."    (Qui  senatores,  quibusqus 

IN   SENATU    8KNTENTIAH    DICERE   LICERET,  UT  ADBSSENT  ;   and  SOmC- 

times,  Ut  adessent  frequentes,  ad  vm.  Cal.  Decembr,  &c. 
Cic.  et  Liv.  Passim.)  "  •  . 

No  decree  of  the  senate  could  be  made  unless  tliere  was  a  quo- 
rum, (nisi  senatorum  numerus  legitimus  adesset.)  What  that  was  is 
uncertain.  Before  the  times  of  Sulla,  it  seems  to  have  been  100, 
lAv.  xxxix.  I8«.  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,  Numera  sbnatom.  Count  the 
senate,  Cic.  Ep.  Fam.  viii.  11.    Festus  in  numera. 

Augustus  enacted,  that  an  ordinary  meeting  of  the  senate  should 
not  be  held  oftener  than  twice  a  month,  on  the  Kalends  and  Ides ; 
and  in  the  months  of  September  and  October,  that  only  a  certain 


THE.  SENATE.  17 


« 


number  chosen  by  lot  should  attend,  Stifi,  Aug.  35.  This  regula- 
tion was  made  under  pretext'of  easing  the  senators,  but  in  reality 
with  a  view  to  diminish  their  authority,  by  giving  them  less  frequent 
opportunities  of  exercising  it  Augustus  chose  a  council  for  himself 
every  six  months,  {concilia  semestria  sorting  to  consider  beforehand 
what  thin^  should  be  laid  before  a  full  house,  {fld  frequentem  su 
naiwn^)  Ibid. 

The  senate  met  always,  of  course,  on  the  first  of  January,  for  the 
inauguration  of  the  new  consuls,  who  entered  upon  their  office  on 
that  day,  and  then  usually  there  was  a  crowded  house. 

He  who  had  the  fasces  presided,  and  consulted  the  fathers,  first, 
about  what  pertained  to  religion,  {dt  rebus  divinis^)  about  sacrificing 
to  the  gods,  expiating  prodigies,  celebrating  games,  inspecting  the 
books  of  the  Sibyls,  &c.  Liv.  viii.  8.  next,  about  human  anairs, 
namely,  the  raising  of  armies,  the  management  of  wars,  the  provin* 
ces,  &c.  The  consuls  were  then  said  to  consult  the  senate  about 
the  republic  in  general,  (de  repubiica  indefinite,)  and  not  about  par- 
ticular things,  (rebus  de  singulis  finite,  AuL  GelL  xiv.  7.)  The 
same  was  the  case  in  daneerous  junctures,  when  the  senate  was  con- 
sulted about  the  safety  ofthe  republic,  (cfe  summa  republican  v.  lota.) 
Cic.  passim. 

The  month  of  February  was  commonly  devoted  to  hear  embas- 
sies and  the  demands  of  the  provinces,  Cic.  ad  Fratr.  ii.  3  Ik  12. 
ad  Fam.  i.  4.  Ascon.  in  Verr.  i.  35. 

5.  The  Manner  of  holding  and  consulting  the  Senate. 

The  magistrate,  who  was  to  hold  the  senate,  offered  a  sacrifice, 
and  took  the  auspices,  before  he  entered  the  senate-house,  Plin.  Pan. 
76.  Getl.  xiv.  7.  If  the  auspices  were  not  favourable,  or  not  rightly 
taken,  the  business  was  deferred  to  another  day,  Cic.  Epist.  x.  12. 

Augustus  ordered,  that  each  senator,  before  he  took  his  seat, 
should  pay  his  devotions,  with  an  offering  of  frankincense  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  com- 
moaly  rose  up  to  do  them  honour,  Cic.  Pis.  12. 

The  senate  was  consulted  about  every  thing  pertaining  to  the  ad- 
ministration of  the  state,  except  the  creation  of  magistrates,  the 
passing  of  laws,  and  the  determination  of  war  and  peace ;  all  which 
properly  belonged  to  the  whole  Roman  people,  Dionys.  ii.  14« 

The  senate  could  not  determine  about  the  rights  of  Roman  citi- 
zens, without  the  order  ofthe  people,  Liv.  xxvi.  33. 

When  a  full  house  was  assembled,  the  magistrate  presiding,  whe- 
ther consul  or  prsetor,  dLc.  laid  the  business  before  them  in  a  set 
form;  Quad  bonum,  faustom,  kblix,  portunatum, s^it  ;  rkferihus 
AD  V08,  Patres  CoNSCRiFTi.     Then  the  senators  were  asked  their 

3 


18  ROMAN  ANTIQUITIES. 

opinion  in  this  form ;  Die.  Sp.  Posthumi,  quid  gsnsks?  Liv.  i.  3St» 
ix.  8.  or  Quid  fieri  placet  ;  Quid  Tibi  vidbtur  T 

In  asking  the  opinions  of  the  senators,  the  same  order  was  not  al- 
ways observed ;  but  usually  the  princeps  senatiis  was  first  desired  to 
dehver  his  opinion,  unless  when  there  were  consuls  elect,  who  were 
always  asked  first,  Sal.  Cat.  50.  Cic.  Phil.  v.  13.  Fam.  viiL  4.  and 
then  the  rest  of  the  senators  according  to  their  dignity,  ConsulareSf 
Pratorii,  MdilMi,  Tribunitiij  et  Qumstorii,  which  is  also  thought  to 
have  been  their  order  in  sitting,  Cic.  Phil.  13.  The  benches  on 
which  the  senators  sat,  {subsellia,'\  Cic.  Cat.  i.  t.  were  probably  of 
a  long  form,  Cic.  Fam.  iii.  9.  as  that  mentioned  by  JuvenaU  {longa 
cathedra^)  ix.  52.  and  distinct  from  one  another,  each  fit  to  hold  all 
the  senators  of  a  particular  description  ;  some  of  them  shorter,  as 
those  of  the  tribunes,  which  seem  to  have  held  only  a  single  person. 
Suet.  CI.  23.  The  consuls  sat  in  the  most  distinguished  place,  on 
their  curule  chairs,  Cic.  Ibid.  <$r  Cat.  iv.  L 

As  the  consuls  elect  were  first  asked  their  opinion,  so  the  prse* 
tors,  tribunes,  &€.  elect,  seem  to  have  had  the  same  preference  be- 
fore the  rest  of  their  order,  Cic.  ad  Alt.  xii.  21.  in  Verr.  v.  14.  He 
who  held  the  senate,  might  ask  first  any  one  of  the  same  order  he 
thought  proper,  which  he  did  from  respect  or  friendship,  Cic.  post 
redit.  in  Senat.  7.  Liv.  v.  20.  Gell.  iv.  10.  xiv.  7.  Senatora  were  some- 
times asked  their  opinions  by  private  persons :  {miUti  rogabantur^ 
atque  idipsum  consulibus  invitis  ^)  Cic.  Fam.  i.  2. 

The  consuls  used  to  retain  through  the  whole  year  the  same  order 
which  they  had  observed  in  the  beginning  of  their  office,  Suet.  Jul. 
21.  But  in  latter  times,  especially  under  the  Emperors,  they  were 
asked  in  what  order  the  magistrate  who  presided  thought  proper, 
Cic.  Att.  i.  13.  Plin.  Ep.  ix.  13.  When  they  were  all  asked  their 
opinions,  they  were  said  perrogari,  Liv.  xxix.  18.  Plin.  Pan.  60. 
and  the  senate  to  be  regularly  consulted  or  the  affair  to  be  delibe- 
rated about,  {ordxne  consuli^)  Liv.  ii.  28,  and  29.  Augustus  observ- 
ed no  certain  rule  in  asking  the  opinions  of  the  senators,  that  there- 
by thev  might  be  rendered  the  more  attentive.  Suet.  35. 

Nothing  could  be  laid  before  the  senate  against  the  will  of  the 
consuls,  unless  by  the  tribunes  of  the  people,  who  might  also  give 
their  negative  {moram  facere)  against  any  decree,  by  the  solemn 
word  VETO;  which  was  called  interceding,  {intercedere.)  This 
mi^t  also  be  done  by  all  who  had  an  equal  or  greater  authority  than 
the  mapstrate  presiding,  Cic.  Legg.  iii.  3.  Cell.  xiv.  7.  If  any  per- 
son interceded,  the  sentence  of  the  senate  was  called  SENATUS 
AY^TPJ^TAS,  their  judgment  or  opmion,  Liv.  iv.  57.  Cic.  Fa$n. 
c  11^""*  •  ^^^  ^^^  senatus  cansultuni  or  decretun^  their  command. 
So  likewise  it  was  named,  if  the  senate  was  held  at  an  improper  time 
or  place,  {alUno  tempore  aut  loco  ;)  or  if  all  the  formalities  {sotem- 
ma)  were  not  observed,  Dio.  Iv,  3.  in  which  case  the  matter  was  re- 
terred  to  the  people,  or  was  afterwards  confirmed  by  a  formal  decree 
ot  the  senate,  Cic.  Ep.  Fam.  x.  12.    But  when  no  mention  is  made 


THE  SENATE.  19 

nP  intercession  or  informality,  Aucioritas  Senatia  is  the  same  with 
comttliwn^  Cici  Legg.  ii.  15.  They  are  also  sometimes  joined ;  thus, 
Senahis  consttlli  aucioritas,  which  was  the  us)Aal  inscription  of  the  de- 
crees of  the  senate,  and  marked  with  the  initial  letters  8.  C.  A.  CVc. 

The  senators  delivered  their  opinion,  {sententiam  dicebani,)  stand- 
ing :  whence  one  was  said  to  be  raised,  (exntart,)  when  he  was  or- 
dered to  give  his  opinion,  Liv.  ix.  8.  Cic.  ad  Attic,  i.  13.  Bat  when 
they  only  assented  to  the  opinion  of  another,  {verbo  assentiebanturf) 
they  aontinued  sitting,  Cic.  Fatn.  v.  2.  Plin.  Pan.  76.  The  princi- 
pal senators  might  likewise  require  the  consul  to  lay  before  the  se- 
nate any  dther  subject  which  they  thought  would  be  of  advantage 
to  the  state,  besides  the  matter  proposed;  which  Tacitus  calliy 
Egrtdi  relationem.  They  were  then  said  CENSERE  referendum 
de  aliqua  re,  SalL  Cat.  50.  Plin.  Ep.  vi.  5.  or  Relationem  postulare^ 
Tacit.  Ann.  xiii.  49.  For  no  private  senator,  not  even  the  consul 
elect,  was  allowed  to  propose  to  the  senate  any  question  himself, 
Cic.  pro  Dom.  27.  Sometimes  the  whole  house  called  out  for  a 
particular  motion,  Sail.  Cat.  48.  And  if  the  consul  hesitated  or 
refused,  which  he  did  by  saying,  8e  considerare  vblle,  the  other 
magistrates,  who  had  the  right  of  holdins  the  senate,  might  do  it, 
even  against  his  will,  particularly  the  tribunes  of  the  people,  Cic 
pro  kg.  Manil.  19.  pro  Sext.  30.  Epist.  Fam.  x.  16.  Hence  Au- 
gustus was,  by  a  decree  of  the  senate,  invested  with  the  power  of 
tribune  for  life,  that  he  miffht  lay  any  one  thing  he  pleased  before 
the  senate  every  meeting,  ^though  he  was  not  consul,  Dio.  liii.  32. 
And  the  succeeding  Emperors  obtained  from  the  senate  the  right 
of  laying  before  them  one,  two,  or  more  things  at  the  same  meeting; 
which- was  called  jtitf  primes^  secunda,  tertia,  quartcsy  et  quinta^  rela- 
tionisj  Yopisc.  et  Capitol.  In  those  tiines  the  senator  who  gave  his 
opinion  first,  was  called  Prima  sententia  senator.  Ibid. 

It  was  not  lawful  for  the  consuls  to  interrupt  those  that  spoke, 
although  they  introduced  in  their  speech  many  things  foreign  to  the 
subject ;  which  they  sometimes  did,  that  they  might  waste  the  day 
in  speaking,  {ut  diem  dicendo  eximerent,  consumerent  v.  tollerent^) 
•Cic.  Verr.  2,  39.  For  no  new  reference  could  be  made'  after  the 
tenth  hour,  i.  e.  four  o'clock  afternoon,  according  to  our  manner  of 
reckoning ;  Senec.  de  Tranquill.  An.  c.  ult.  nor  a  decree  passed  a£> 
ter  sunset,  A.  Cell.  xiv.  7. 

^  Hence  Cicero,  in  blaming  the  decrees  of  Antony,  calls  them  SCta 
Vespertina,  Phil.  iii.  10.  We  read,  however,  of  the  senate's  being 
assembled  at  midnight,  upon  the  arrival  of  an  express  from  one  of 
the  consuls,  Sp.  Furius,  that  he  was  besieged  by  the  jiEqui  and  Volsci, 
A.  U.  290.  Dionys.  ix.  63.  so  iii.  26.  and  of  a  person  haranguing 
till  it  was  so  late  that  lights  were  called  for,  {node  illatii  lucemis^) 
Plin.  Ep.  iv.'9. 

Those  who  grossly  abused  this  right  of  speaking  without  interrup- 
tion, were  sometimes  forced  to  give  over  speaking,  (perorare,)  bv 
the  noise  and  clamour  of  the  other  senators,  Cic,  ad  Ait.  iv.  2. 


ae  ROMAN  ANTIQUITIES. 

Sometimes  ma^trates,  when  they  made  a  disagreeable  motion^  wertf 
silenced  in  this  manner.  Thus  Captum  est  referri  de-  inducendo 
SCto^  i.  e,  delendo  vel  j&xpungendo ;  ab  omni  senatu  reclanuitum  esi^ 
Cic.  pro  Dom.  4  Ejus  orationi  vehementer  ab  omnibtu  reclamatum 
esl^  Id.  Fam.  i.  2.  So  when  a  senator  threw  out  abusive  language 
against  any  one,  as  Catiline  did  against  Cicero  and  others,  the  whole 
senate  bawled  out  against  him,  {obstrepere  omneSf)  Sail.  Cat  31. 

This  used  also  to  happen  under  the  Emperors.  Thus  Pliny, 
speaking  of  himself  after  the  death  of  Domitian,  says,  Finio.  Jncipii 
respondere  Vejenio  ;  nemo  palUur  ;  obterbaiur^  obstrepitur  ;  iideo  qtd» 
dem  ut  dicerel ;  Rooo,  Patrbs  C.  ne  mk  cooatis  iMPiiORARK  aux- 
iLiUH  Tribunorum.  Et  statim  Murena  Iribunus.  Permitto  tibi, 
VI R  CLARissiMB  Vejbnto,  d  I  CERE.  T\inc  quooue  redamatUTf  £p. 
ix.  13.  The  title  of  Clarissimus  was  at  this  time  given  to  all  the 
senators,  but  formerly  only  to  the  leading  men. 

Sometimes  the  speeches  of  senators  were  received  with  sh6uts 
of  applause  ;  thus,  Consurgenlt  ad  censendian  acclamatuin  e«/,  quod 
soiet  residentibus^  Plin.  Ep.  iv.  9.  And  the  most  extravagant  ex- 
pressions of  approbation  were  bestowed  on  the  speakers;  Jfonfert 
quisquam  in  senatufuit^  qui  non  me  complecteretur^  exosculareiur^ 
cerialimque  laude  cumularety  Id.  ix.  43.  The  consul,  or  presiding 
magistrate,  seems  to  have  exercised  different  powers  in  the  senate 
at  different  times,  Cic.  Oral.  iii.  1.  Wheii  Cato  one  day,  to  pre- 
vent a  decree  from  being  passed,  attempted  to  waste  the  day  in 
speaking,  Caesar,  then  consul,  ordered  him  to  be  led  to  prison; 
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 
articles,  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.  fhm.  i.  2.  Senec.  Ep.  21.  Ascon.  in  Cic. 
Ml.  6. 

In  matters  of  very  great  importance,  the  senators  sometimes  de- 
livered their  opinions  upon  oath,  (juratij)  Liv.  ]i(xvi.  33.  xxx.  40. 
xlii.  21.  TacU.  Annal.  iv.  21. 

Several  different  questions  might  be  referred  to  the  senate  by 
different  magistrates  in  the  same  meeting,  Cic.  Phil.  vii.  1.  Liv. 
xxx.  21. 

When  any  magistrate  made  a  motion,  he  was  said,  Verba  facerr  ; 

REFBRRB  Vel  DEFBRRE  AD  SBNATUM,  Or  CoNSULBRB  8ENATUM  DB 

ALiquA  RE,  Cic.  in  Pis.  13^  and  the  senators,  if  they  approved  of  it, 

RXLATIONBM  ACCIPBRE, 'LtV.  ii.  39. 

When  different  opinions  were  delivered,  the  senators  expressed 
their  assent,  some  to  one  and  some  to  another,  variously,  by  their 
looks,  by  libdding  with  their  heads,  by  stretching  out  their  hands, 
&c     Tacit.  Hist.  iv.  4. 

The  senators  who  spoke  usually  addressed  themselves  to  the  whole 


THE  SENATE.  31 

I 

hoosey  by  the  tftle  of  Patres  CJomcripti,  Cit*  ei  Liv.  Mfrni ; 
Bometiiiies  to  the  ccmsul  or  persoD  who  pi'esided,  Ctc.  PkA.  viii.  L 
flometimes  to  both,  Iav.  vi.  15.  They  commonly  concluded  their 
speeches  in  a  certain  form :  Quare  ego  rt a  censeo  ;  or  Placet 
101TOR9  du:.  SallmLCat,  li.  52.     Quod  C.  Pans  a  verba  fecit  de 

•— HDB  EA  RE  ITA  CEN8EO  ;  Or  QuiE  CUM  fTA  SINT  ;  Or  QUA8  OB  RES,  ITA 

CBN8EO9  Cic.  PhiL  iii.  15.  v.  4.  ix.  7.  Soroetimes  they  used  to  read 
their  opinion,  (dt  scriplo  dicere,)  Cic.  Fam.  x.  13.  and  a  decree  of 
the  senate  was  made  according  to  it,  {in  aententiam  aUcujus,  vel  itm 
ut  tile  censdHiL) 

When  a  senator  did  not  give  an  entire  assent  to  ilie  opinion  of  any 
one,  bat  thought  that  something  should  be  added,  he  said,  Sbrvi lio 
A8SENT10R,  ET  HOC  AMPLius  CENSKO !  ^tc.  PkiL  xiii.  21.  which  was 
called  addere  «en<en<t(B,  vel  in  sententiumy  Sail.  Cat  51. 

6.  7%e  Manner  of  making  a  Decree  of  the  Senate* 

When  several  difierent  opinions  had  been  ofiered,  and  eaeh  sup- 
ported by  a  number  of  isenators,  the  consul  or  magistrate  presiding 
might  first  put  to  the  vote  which  opinion  he  pleased,  {aenteniiafn 
primam  pronunciare^  ut  in  earn  dtscessio  feret ;)  Cic.  Ep.  Fam.  i.  2. 
X.  12.  or  suppress  altogether  {negare  se  pronunciaturum)  what  be 
disapproved,  C<bs,  de  BelL  Cm/i,  i.  1.  And  herein  consisted  the 
chief  power  of  the  consul  in  the  senate*  But  even  this  was  some- 
times  contested  by  the  tribunes,  {ante  se  oportere  discessionemfacere^ 
quam  constdes^)  Cic.  Fam.  i.  2. 

A  decree  of  the  senate  was  made  by  a  separation  {per  discessionem) 
of  the  senators  to  different  parts  of  the  house.  He  who  presided 
said,  "Let  those  who  are  of  such  an  opinion  pass  over  to  that 
side;  those  who  think  differently  to  this."     (Qui  hoc   censbtis, 

ILLUC  TRANSITB.       Qui  ALIA  OMNIA,    IN    HANC    PARTEM.)       HcnCC  Jrt 

pedibus  in  sententiam  altcujus^  to  agree  to  any  one's  opinion ;  and 
Discedere  v.  transire  in  alia  omniaf  for  Conlrarium  sentire^  Plin,  Ep. 
viii.  14.  Frequentes  ierunt  in  alia  omniaf  a  great  majority  virent 
into  the  contrary  opinion,  Cic,  Fam*  i.  2.  Frequens  senatus  in  alia 
omnia  iit^  Id.  viii.  13.  discessit,  x.  12.  The  j^brase  Qui  alia  omnia, 
was  used  instead  of  Qui  non  censbtis,  so.  Aoc,  from  a  motive  of 
superstition,  {ominia  causd^)  Festus. 

Those  senators  who  only  voted,  but  did  not  speak,  or,  as  some 
say,  who  had  the  right  of  voting,  but  not  of  speaking,  w^re  called 
PEDARII,  Festus,  A.  <3elL  iii.  18.  Cic.  ad  Att.  i.  19.  20.  be- 
cause  they  signified  their  opinion  by  their  feet,  and  not  by  their 
tongues :  or,  according  to  others,  because,  not  having  borne  a  curule 
magistracy,  they  went  to  the  senate  on  foot,  A.  UelL  ibid.  But, 
according  to  Puny,  anciently  all  the  senators  went  to  the  senate  on 
foot;  and.  the  privilege  of  being  carried  thither  in  a  chariot  was 
never  granted  to  any  one  butMetellus,whohad  lost  his  sight  in  res- 
cuing the  pqlladiwnf  or  icba^  of  Pallas,  from  the  temple  of  Vesta 
when  in  flames,  Hist.  Nat.  vii.  43.  s.  45. 


fS  ROMAN  ANTIQUITIES. 

He  who  had  pn>po9ed  the  opinion,  (^t  senteniiam  $enaitipra» 
ititUset.  Cic.  in  Pis.  32,)  or  who  had  been  the  prindpal  speaker  in 
fiiTour  of  ity  the  consul,  or  whoever  it  was,  (PRINCEPS  vel  AUC- 
TOR  Sententi4Bj  Ovid.  PoAt.  ii.  3.  3i.)  first  passed,  and  those  who 
agreed  with  him  followed,  P/tn.  EpisL  ii.  11.  Those  who  differed 
went  to  a  different  part  of  the  house ;  and  into  whatever  part  roost 
of  the  senators  went,  the  Consul,  said  of  it,  **  This  seems  to  be  the 
majority."  (Hac  pars,  major  vidrtur.)  Then  a  decree  of  the 
senate  was  made  according  to  .their  opinion,  P/tn.  £p.  ii.  12.  and 
the  names  of  those  who  had  been  most  keen  for  the  decree,  were 
usoally  prefixed  to  it,  which  were  called  AUCTORlTATESper- 
^cripUBf  vel  prmscripta^  Cic.  Orat.  iii.  2.  because  they  staid  to  see 
the  decree  made  out,  {scril^do  odfutrHnt^  i.  e.  Stnatiks  conBulH 
confieiendi  testes  erantJ)  Senaius  consultum  e4  perscriptione  est^  of 
that  form,  to  that  effect,  Cic.  Fam.  v.  2. 

Anciently  the  letter  T  was  subscribed,  if  the  Tribunes  did  not 

Ke  their  negative ;  for  at  first  the  Tribunes  were  not  admitted  into 
I  senate,  but  sat  before  the  senate-house  on.benches,  till  the  de- 
crees of  the  senate  were  brought  to  them  for  their  approbation  or 
rejection,  Fa/.  Mkc.  ii.  7.  This  however,  was  the  case  only  for  a 
very  short  time  ;  for  A.  U.  310,  we  find  Canuleius,  one  of  their 
number,  speaking  in  the  senate,  Ldv.  iv.  1.  and  Dionysius  says  they 
were  admitted  soon  after  their  institution,  vii.-  49. 
1 1  When  a  decree  of  the  senate  was  made,  without  any  opinions 
being  asked  or  given,  the  fathers  were  said  Pedibus  ferre  sententiam  ; 
and  the  decree  was  called  SENATUS  CONSULTUM  PER  DIS- 
GE88I0NEM,  A  Gell.  xiv.  7.  Cic.  Phil.  iii.  9.  Suet.  Tib.  31.  But 
when  the  opinions  of  the  senators  were  asked,  it  was  simply  called 
SENATUS  CONSULTUM,  Cic.  in  Pie.  8.  Although  it  was  then 
also  made  per  discessionem  ;  and  if  the  senate  was  unanimous,  the 
diseessio  vms  said  to  be  made  sine  ulld  varieiate,  Cic.  pro  SextJ  34. 
If  the  contrary,  in  magna  varieiate  sententiamfn  fib. 

In  decreeing  a  supplication  to  any  general,  the  opinions  of  the 
senators  were  always  asked ;  hence  Cicero  blames  Antony  for  omit- 
ting this  in  the  case  of  Lepidus,  Phil.  iii.  9.  Before  the  vote  v^s 
put,  {ante  discessionem  faciam^)  and  while  the  debate  was  going  on, 
the  members  used  to  take  their  seats  near  that  person  whose  opinion 
they  approved,  Plin.  Ep.  viii.  14.  and  the  opinion  of  him  who  was 
joined  by  the  greatest  number,  was  called  SENTENTIA  maxims 

rREQUKNi, /6.  ii.  11. 

Sometimes  the  Consul  brought  from  home  in  writing  the  decree 
which  he  wished  to  be  passed,  and  the  senate  readily  agreed  to  it. 
Cic.  Phtl.  \.  1. 

When  secrecy  was  necessary,  the  clerks  and  other  attendants  were 
not  admitted ;  but  what  passed  was  written  out  by  some  of  the  sena- 
tors, Cic.  pro  SylL  14.  A  decree  made  in  this  manner  was  called 
Tacitum,  Capitol  in  Gordian.  12.  Some  think  the  Senatorts  Peda- 
rii  were  then  likewise  excluded,  from  Faler.  Max.  ii.  2. 


THE  SENATE.  99 

JuUui  CsBsar,  when  consul,  directed  what  was  done  in  the  senate 
(DicAKA  Acta)  to  be  published :  Suet,  JuL  20.  which  also  seems  to 
have  been  done  formerly,  Cic.  pro  SylL  14  Bui  this  was  prohibited 
by  Aiigustus,  Steel.  Jlug.  36.  An  account  of  their  proceedings,  how- 
ever, was  always  made  out ;  and  under  the  succeedbg  Emperors 
we  find  some  senator  chosen  for  this  purpose.  {Acti$  vel  commenlo- 
riU  SenatAs  confidtndis^)  Tacit.  Ann.  y.  4. 

Public  registers  (ACTA,  i.  e.  tahultt  vel  rommen/am)  were  also 
kept  of  what  was  done  in  the  assemblies  of  the  pec^le,  and  h^f 
courts  of  justice ;  also  of  births  and  funerals,  of  marnatfes  and  di* 
vorces,  &c.  which  served  as  a  fund  of  information  for  historiaos ; 
hence  Diurbta  Urbis  Acta,  Tacit.  Annal.  xiii.  31.  Acta  Popdli, 
SueLJul.  2a  Acta  Publica,  Tacit.  Jinn.  xii.  24.  Suet.  TU>.  v.  Plin. 
Ep.  vii.  33.  Ubbana,  Id.  ix.  15.  usually  called  by  the  ttrople  name 
Acta,  Gtc.  Fam.  xii.  8.  Plin.  vii.  54. 

8ENATU8  CONSULTUM  and  DECRETUM  are  used  pramis. 
cuously  to  denote  what  the  senate  decreed  ;  Cic.  Ldvi  et  Sal.paawnu 
So  Cansulta  et  Dccreta  patrum,  Horat.  But  they  were  also  distiift* 
guished  as  a  genus  and  species :  decretwn  being  sometimes  put  for  a 
part  of  the  SCtum,  as  when  a  province,  an  hom>ur,.or  a  supplication 
was  decreed  to  any  one,  Fe^/utf.  i>ecr<f«sf  .is  likewise  affiled  to 
others  besides  the  senate  ;  as,  Decreta  Consulum^  Augumm^  PomHfi* 
^tim,  Decwionumf  Ctssaris^  Principis^  Judicis^  &c.     So  likewise  cotif 


sti/lo,  but  more  rarely  ;  as  Consuita  Sapienhanf  the  maxims-or  opi- 
nions, Cic.  de  leg.  i.  24.  Consuita  Sellif  determinations,  SU.  iv*  oS. 
Gracchh  Id.  vii.  24. 

In  writing  a  decree  of  the  senate,  the  time  and  place  were  put 
first,  then  the  names  of  those  who  were  present  at  tne  engrossing  of 
it ;  after  that  the  motion,  with  the  name  of  the  magistirate  who  pro- 
posed  it ;  to  all  which  was  subjoined  what  the  senate  decreed.  Thus^ 
Skmatvs  CoMsuLTi  AucTORiTAs^  Pridix  Kal.   Octob.  m   JEvu 

ApOLLUVUS,  SCRIBEITDO   APPUKRVHT,  L.   DoMlTlUS,  &C.      QOOD   M. 

Marcellus  Cos.  verba  rEciT  de  Provinciis  Consuuaribus,  dr 
BA  RE  iTA  cENsurr,  V.  cENsuBRUifT,  uTi,  &c.  Ctc.  Ep.  Fom.  viiL  8. 

Hence,  we  read,  De  ea  re  Senatus  consultus  ita  cehsuit,  db- 
cRBviT  ;  also  Placere  Senatui  ;  Senatub  vblle  et  aquub  cbb- 

SERB  ;   SbNATUB  EXISTIBARB,  ARBiTRARl,  ET    JUDICARE  ;   YlOERl  Se- 

MATUi,  Cic.  Liv.  Sail.  &c.  passim. 
If  the  tribunes  interposed,  it  was  thus  marked  at  tlie  end ;  Huic 

SeNATUS    CoNSULTO   INTERCESSIT    C.    CoELlUS,    C*    PaMSA,    TrIB. 

Pleb.  Cic.  ibid.  Sometimes  the  tribunes  did  not  actually  interpose, 
but  required  some  time  to  consider  of  it,  and  thus  the  matter  was 
delayed,  Cic.  pro  Sext.  34. 

When  the  senate  ordered  any  thins  to  be  done,  these  words  were 
commonly  added,  PRIMO  QUOQUE  TEMPORE,  as  soon  as  po». 
sible.  When  they  praised  the  actions  of  any  persons  they  decreed, 
Eos  RECTE  ATQUE  oRDiNE  YIDERI  FEcissE,  Idv.  passim.  If  the 
contrary,  Eos  cobtra  rbiuublicax  fecissb  YIDERI,  Id» 


24  ROMAN  ANTIQUITIES. 

Orders  were  given  to  the  consuls,  {NegoHum  datum  est  CoftsuUhis,) 
not  in  an  absolute  manner,  but  with  some  exception ;  Si  viDSRETaay 

81  B  REPUBLIC  A    BSSB    DUCERBNTy  LlV.  QuOD    COMMODO  RbIPUBLICA 

FiBRi  POSSET,  Cobs.  Ut  Consulbs  alter,  ambovb,  si  bis  vidbatur 
AD  bbllum  PROFiciscBRENTUR,  Cxc,  When  the  consuls  obeyed  the 
orders  of  the  senate,  they  were  said  esse  vel  forb  in  patrum  po- 
TESTATB ;  and  the  senators  when  they  complied  with  the  desires  of 
the  people,  bsse  in  populi  potestate,  Liv.  ii.  56.  &c. 

When  the  senate  asked  any  thing  from  the  tribunes,  the  form  was 

SbNATUS  CBNSUIT,  t7T  CUM  TrIBUNIS  AGERBTUR,    Liv.  XXVi.  33.  XXX. 

41. 

The  decrees  of  the  senate,  when  written  oat,  were  laid  up  in  the 
treasury,  (m  JErarivan  condebantur,)  where  also  the  laws  and  other 
writings  pertaining  to  the  republic  were  kept.  Liv.  iii.  9.  An- 
ciently they  were  kept  by  the  Mdiles  in  the  temple  of  Ceres,  Id» 
liL  55.  The  place  where  the  public  records  were  kept  was  called 
TABULARIUM.  The  decrees  of  the  senate  concerning  the  ho- 
nours conferred  on  Ceesar  were  inscribed  in  golden  letters  on  columns 
of  silver,  Dio.  xliv.  7.  Several  decrees  of  the  senate  still  exist,  en- 
graven  on  tables  of  brass ;  particularly  that  recorded,*  Liv.  xxxix.  19. 

The  decrees  of  the  senate,  when  not  carried  to  the  treasury,  were 
reckoned  invalid,  Suet.  Aug.  94.  Hence  it  was  ordained,  under 
Tiberius,  that  the  decrees  of  the  senate,  especially  concerning  the 
capital  punishment  of  any  one,  should  not  be  carried  to  the  treasury 
before  the  tenth  day.  Tacit.  Ann.  iii.  51.  that  the  Emperor,  if  absent 
from  the  city,  might  have  an  opportunity  of  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  senate  were 
suppressed  or  altered  at  the  pleasure  of  the  consuls,  Liv.  iii.  55. 
Cicero  accuses  Antony  of  forging  decrees,  Phil.  v.  4. 

Decrees  of  the  senate  were  rarely  reversed.  While  a  question 
was  under  debate,  (re  integral  eveiy  one  was  at  freedom  to  express 
his  dissent  {contradicere  vel  dissentire) ;  but  when  it  was  once  deter- 
mined (re  peracia),  it  was  looked  upon  as  the  common  concern  of 
each  memoer  to  support  the  opinion  of  the  majority  {quod  pluribus 
placuissety  cumctis  tuendum^)  Plin.  £p.  vi.  13. 

After  every  thing  was  finished,  the  magistrate  presiding  dismissed 
the  senate  by  a  set  form  ;  Non  amplius  vos  moramur,  P.  C.  or  Ne- 
mo vos  tenet:  Nihil  vos  moramur:  Consul,  citatis  nominibus, 

■T  PERACTA  DIRCESSIONB,  MITTIT  SeNATUM,  Plin.  Ep.  ix.  13. 

7»  The  Power  of  the  Senate  at  different  Periods., 

Tub  power  of  the  senate  was  different  at  different  times.  Un- 
der 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,  {ex  consilio  Patrum^  Liv.  i.  9.)  as 
the  consuls  did  afterwards  according  to  their  decree,  {ex  SCto.)  Lav. 
ii.  2.  &c. 


THE  SENATE.  25 

Tarquin  the  Proud  dropped  the  custom  handed  down  frotn  his 
predecessors,  of  consulting  the  senate  about  every  thing ;  banished 
or  put  to  death  the  chief  men  of  that  order,  and  chose  no  others  in 
their  room,  Liv.  i.  49.  But  this  king  was  expelled  from  the  throne 
for  his  tyranny,  and  the  resal  government  abolished,  A.  U.  243. 

After  this  the  power  of  the  senate  was  raised  to  the  highest. 
Every  thing  was  done  by  its  authority.  The  magistrates  were  in  a 
manner  only  its  ministers,  {quasi  mhiislri  gravissimi  concilii^  Cic  pro 
Sextio,  65.)  No  law  could  be  passed,  nor  assembly  of  the  people 
heldy  without  their  consent ;  tan  Patnbus  aucioribus^  h.  e.  jubenti- 
bus  V.  permittentibus,  Ldv.  vi.  42.  But  when  the  Patricians  began 
io  abuse  their  power,  and  to  exercise  cruelties  on  the  Plebeians, 
especially  after  the  death  of  Tarquin,  A.  U.  257.  the  multitude  took 
arms  in  their  own  defence,  made  a  secession  from  the  city,  seized  on 
Mons  Sacer^  and  created  tribunes  for  themselves,  who  attacked  the 
authority  of  the  senate,  and  in  process  of  time  greatly  diminished  it 
by  various  means ;  Jirst^  by  the  introduction  of  the  Comitia  TVibutt^ 
and  tJie  exclusion  of  the  patricians  from  them,  Liv.  ii.  60.  TTun^ 
by  a  law,  made  by  Laetorius  the  Tribune,  that  the  Plebeian  ma^ 
gistrates  should  be  created  at  the  Comilia  Tribuia^  Liv.  ii.  56 
&  57.  Dionys.  ix.  49.  Afterwards,  by  a  law  passed  at  the  Co. 
milia  Centuriata^  by  the  consuls  Horatius  and  Valerius,  that  the 
kiws  passed  at  the  Comilia  Tribula^  ( PUbisciia^)  should  also  bind 
the  Patricians,  Liv.  iii.  55.  And  lastly,  bv  the  law  of  Publilius  the 
Dictator,  A.  U.  414.  Liv.  viii.  12.  and  of  Moenius  the  Tribune,  A. 
U.  467.  Cic.  Brut.  14..  that  before  the  people  gave  their  votes,  the 
fathers  should  authorize  whatever  the  people  should  determine  at 
the  Comitia  Ceniuriata  ;  {utjierent  auciores  ejus  rei^  quam  popultu 
jiissurus  essetj  v.  in  incerlum  eventum  comitiorum^  Liv.)  Whereas 
formerly,  whatever  the  people  ordered  was  not  ratified,  unless  the 
senators  confirmed  it  {nisipatres  auctores  fierent,  Liv.  i.  17.  22.  iv. 
3.  49.  Cic.  Plane.  3.)  But  the  power  of  the  senate  was  most  of  all 
abridged  by  the  right  of  the  tribunes  to  render  the  decrees  of  the 
senate  of  no  effect  by  their  negative,  {initrcedcndo.)  Still,  how- 
ever, the  authority  of  the  senate  continued  to  be  very  great ;  for  as 
power  and  majesty  properly  belonged  to  the  people,  so  did  authority^ 
splendour,  and  dignity  to  the  senate.  {Poteslas  in  papula,  auctorilas 
in  senatu,  Cic.  I^gg.  iii.  12.  Locus,  aiicloriia.f,  domi  spUmlor  ;  apud 
exttras  naiiones  nomen  et  gratia.  Id.  pro  Cluent.  56.) 

The  senatorian  order  is  called  by  Cicero,  Ordo  qmplissimus  tt 
sanctissimus  ;  swrnmum  Popuii  Romani,  popularumque  et  gentium 
omnium  ac  Regum  consilium  ;  pro  Dom.  28.  And  the  senate-house, 
Templum  sanctilatis,ampliiudinis^  mentis,  cansilii  publici,  caput  urbis, 
ara  sociorum,  partus  omnium  gentium,  &c.  pro  Milone,  33.  Hence 
senators  in  foreign  countries  were  treated  with  the  highest  respect, 
Cic.  in  Verr.  iv.  11.  And  as  senators  were  not  allowed  to  leave 
Italy  without  permission,  {sine  commeatu,\  Cic.  Attic,  viii.  15.  Suet. 
Claud.  16  &  23.  Ner.  25.  unless  to  Sicily  and  Gallia  Narbonensis, 

4  ^ 


86  ROMAN  ANTIQUITIESL 

Dio.  fiiL  43.  whenlijey  bad  oecaskm  to  tnivel  dbroad»  tbey  aRmlfjr 
obtabed  tbe  privilege  of  a  fret  hgatimtf  as  it  was  usuaMjr  caUed 
tme  mondaiis^  iine  ullo  reipttblica  munere  ^,iil  hmre£tait$  aui  nfn^ 
graphas  iuas  persequereniur^)  Cic*  de  Leg*  lii.  8.  Ep.  Fans.  xL  !• 
Alt.  XV.  12.  Suet  TiU  31.  which  gave  ttem  a  rieirt  to  be  treated 
every  where  with  the  hcNioixrs  of  an  anibassador.  In  the  proviticea 
they  had  lictors  to  attend  thero,  Ctc.  £^.  Fom.  xii.  21.  And  if  they 
had  any  law-suit  there,  they  might  require  that  it  should  be  remitted 
to  Rome,  i&.  xiiL  26.  The  advantages  of  honour  and  respect  were 
the  only  compensation  which  senators  received  for  their  attenlioo 
to  public  ajfairs.    Ctc.  Clueni.  55. 

Although  the  supreme  power  at  Rome  belonged  to  tbe  people, 
yet  they  seldom  enacted  any  thing  without  the  authority  of  tbe  an- 
nate. In  all  weighty  affairs,  the  method  usually  observed  was,  that 
the  senate  should  first  deliberate  and  decree,  and  then  the  pei^e 
order.  Senatus  censuit  v.  decrevit,Popijlus  jvssit,  Liv.  u  17. 
iv.  49.  X.  12. 45.  xxxvti.  55.  dz^.  But  there  were  many  things  of 
great  importance,  which  the  senate  alwajrs  determined  itself,  unless 
when  they  were  InxHight  beiore  the  people  by  the  intercessioas  of 
the  tribunes.  This  right  the  senate  seems  to  iiave  had,  not  frotn  any 
express  law,  but  by  the  custom  of  their  ancestors,  Ctc.  de  OraU  u  52. 

I.  The  senate  assumed  to  themselves  tbe  guardianship  of  the 
publkr  region ;  so  that  no  new  god  could  be  introduced,  nor  altar 
erected,  xtar  the  SybilKne  books  consulted,  without  their  order,  Ldv, 
ix.  45.  Gc.  €fe  JXv.  48.  54. 

2l  Tbe  senate  had  the  direction  of  the  treasury,  and  distributed 
the  public  money  at  pleasure,  Ctc.  in  Fatin.  15.  Iav.  xxxvii.  54. 
They  appointed  stipends  to  their  generals  and  officers,  and  provi- 
i^cttis  and  clothing  to  their  armies,  Polyb.  vi.  II. 

3.  Hey  settled  the  provinces,  which  were  annually  assigned  to . 
the  consuls  and  praetors,  and  when  it  seemed  fit  they  prolonged  their 
oommand,  Ctc.  pro  Dom.  9. 

4.  They  nominated  out  of  their  own  body  all  ambassadors  sent 
fipom  Rome,  Liv^  if.  15.  xxx.  26.  xlii.  19.  ti  alibi  passim  ;  and  gave , 
to  fiureign  ambassadors  what  answers  they  thought  proper,  Cic.  m 
Vatitu  15.  Dwn.  ft  Uv.  vi.  26.  vii.  2a  xxx.  17. 

5.  They  decreed  all  public  thanksgivings  for  victories  obtained ; 
and  conferred  the  honour  of  an  ovation  or  triumph,  with  the  title  of 
IMPERATOR,  on  their  victorious  generals,  Ctc.  PhiL  xiv.  4  &  6. 
itV.23.P<rf^.vLlL 

6.  They  could  decree  the  title  of  king  to  any  prince  whom  they 
pleased,  and  declare  any  one  an  enemy  by  a  vote,  C(zs.  Liv.  et  Cic^ 
paseim. 

7.  They  inquired  into  public  crimes  or  treasmis,  either  in  Rome 
or  the  other  parts  of  Italy,  Liv.  xxx.  26.  and  heard  and  determined 
all  disputes  among  the  allied  and  dependent  cities,  Ctc.  Of.  i.  10. 
Poiyb.\llh 

8.  They  exercised  a  power,  not  only  of  interpreting  the  laws. 


"niE  SENATE.  97 

ImI  €f  dbvohing  men  from  the  obiigation  of  them,  and  ev^nof  abro* 
gating  them,  Ctc  pr^  Dom.  16.  in.  pr^  ieg^  JUanii.  2L  Jk  Legg-  iL 
fx  Atanu  m  Ctc  pro  CcmeL  Piuu  EpisL  iv.  9. 

9,  They  ciwdd  postpooe  the  asaemblies  of  the  people,  Ck,pro 
Mar.  25.  Au,  iv.  lo«  aiKl  prescribe  a  change  of  habit  to  the  cky,  ia 
cases  of  any  immiiieDt  danger  <Hr  calamity,  GcproSexL  12.  But 
the  poiver  <m  the  senate  was  chiefly  eonspioious  in  civil  disseotiona 
or  dangerous  tumults  within  the  city,  in  which  that  solemn  decree 
used  to  be  passed,  **  That  the  consuls  sboold  take  care  that  the  re* 
public  should  receive  no  harm  f  Of  con$ulu9  dartnt  operam^  nt  quid, 
dUrimtnii  rt^Micm  capereL  By  which  decree  an  absdute  power 
was  granted  to  the  consuls,  to  punish  and  put  to  death  whom  they 
pleased,  Mrithout  a  trial ;  to  raise  forces,  and  cany  on  war  without 
the  order  of  the  people,  Sailust  de  Mlo  CaL  29. 

This  decree  was  called  ULTIMUM  or  EXTREMUM,  Cos.  dt 
BtlL  Ctv«  L  4.  and  Forma  SCii  ultima  necessiUUiSf  Liv.  iii.  4.  By 
it  the  republic  was  said  to  be  intrusted  to  the  consuls,  ptrmiui  v. 
commtndari  oonsutibus  ;  or  permiUi  conaulHnu  tU  remptJbhcam  defend 
detent,  Cic  Sometimes  the  <^her  magistrates  were  added,  Gb«. 
ikid.  Lav.  yu  19.  Sometimes  only  one  of  the  consuls  is  named,  as 
in  the  commotion  raised  by  C  Gracchos,  IM  L.  Ofimim  Consul  ri- 
deret,  &c  because  his  colieague  Q.  Fabius  Maximus  was  absent,  CEc 
in  CaL  L  2.    So  Ldv^  vL  4. 

Although  the  decrees  of  the  senate  had  not  properly  the  force  of 
laws,  and  took  pfaiee  chiefly  in  those  matters  which  were  not  provid- 
ed for  by  the  laws ;  yet  ibey  were  understood  always  to  have  a  bind- 
irig  force,  and  were  therefore  obeyed  by  all  orders.  The  consuls 
themselves  were  oblu^  to  submit  to  them,  Uv^  iv.  26.  xliL  21.  They 
could  only  be  annulled  or  cancelled,  (tWuci,  i.  e.  deleri,  poterant^) 
by  the  senate  itself^  Cic  pro  Dom.  4.  Aitic.  L  17.  Their  force  how- 
ever  in  certain  things  was  but  temporary ;  and  the  magistrates  some- 
times  alleged,  that  the^  were  binding  but  for  cme  year,  Dionys^  ijl 
37.  In  the  last  age  of  the  republic,  the  authority  of  the  senate  was 
little  regarded  by  the  leading  men  and  their  creatures,  CicproSexL 
1%  who,  by  means  of  bribery,  obtained  from  a  corrupted  populace 
what  they  desired,  in  spite  of  the  senate,  Appian^  de  belL  civ,  iL  433L 
&C.  Thus  Cassar,  by  the  Yatintan  law,  obtained  the  province  of 
Cisalpine  Gaul  and  Iliyricum  for  five  years  from  the  pe<^le,  and 
soon  after  Gallia  Cofnaia  or  UUerior^  from  the  senate ;  the  fathers 
being  afraid,  lest,  if  they  refused  it,  the  people  should  grant  him 
that  too.  Suet  JvlL  flSL  NuiarcL  in  vUa  Gmm  But  this  corruption 
and  contempt  of  the  senate  at  last  terminated  in  the  total  subver- 
aion  of  public  liberty. 

Cicero  imagined^  that,  in  his  consulship,  he  had  established  the 
authority  of  the  senate  on  a  solid  basis,  by  uniting  it  with  the  eques- 
trian order,  Cic.  Cat.  iv.  10.  Pis.  3.  thus  constituting  what  he  calb 
Oftima  Respublica  ;  qua  sit  in  potesiaitm  opiimorum^  L  e.  noW- 
lium  ei  diiissimorum,  de  Le/g.  iiL  17«  {d^^^oxpzsta,)  and  ascribes  th# 


98  ROMAN  ANTIQUITIES. 

ruin  of  the  republic  to  that  coalition  not  being  preserved,  ^it.  i.  14* 
16.  But  it  was  soon  after  broken  {ordmum  concordia  disjuncta  t9t, 
Cic.  Att.  i.  13.)  by  the  refusal  of  the  lenate  to  release  the  tqvilts 
from  a  disadvantageous  contract  concerning  the  Asiatic  reveno^ 
Cic.  Alt.  1.  17.  which  gave  Caesar,  when  consul,  an  opportunity  <rf 
obliging  that  order,  by  granting  their  request,  as  he  had  formerly 
obliged  the  populace  by  an  agrarian  law,  Sue*.  C«*,  20.  Cic.  Att.  I. 
15.  and  thus  of  artfully  employing  the  wealth  of  the  republic  to  en- 
slave it,  Dio.  xxxviii.  1  &  7.  *See  Leges  Jolijb.  The  senate  and 
tquitts  had  been  formerly  united,  Sallust.  Jug.  42.  and  were  after- 
wards  disjoined  from  similar  motives.    See  Leges  Sempronije,  de 

Augustus,  when  he  became  master  of  the  empire,  retained  the  forms 
of  the  ancient  republic,  and  the  same  names  of  the  magistrates : 
but  left  nothing  of  the  ancient  virtue  and  liberty  {prisci  tt  integn 
fiwrn,)  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  increased  the  power  of  the  senate,  by  trans- 
ferring the  right  of  creating  magistrates,  and  enacting  laws,  from  the 
camitia  to  the  senate.  Tacit.  Ann.  I  15.  In  consequence  of  which, 
the  decrees  of  the  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  opinions,  depended  entirely  on  the  will 
of  the  prince ;  and  it  was  necessary  that  their  decrees  should  be 
confirmed  by  him.  An  oration  of  the  Emperor  was  usually  prefix- 
ed to  them,  which  Was  not  always  delivered  by  himself,  but  was 
usually  read  by  one  of  the  quaestors,  who  were  called  Candidati, 
Suet.  Tit.  6.  Aug.  65.  Hence  what  was  appointed  by  the  decrees 
of  the  senate,  was  said  to  be  oratione  principis  cautum  ;  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  speeches  with  loud  acclamations,  Plin.  Patug.  75. 
and  never  failed  to  assent  to  them  ;  which  they  commonly  did  by 
crying  out  Ohnes,  Omnbs,  Vopisc.  in  Tacit.  7. 

The  messages  of  the  Emperors  to  the  senate  were  called  EPIS- 
TOL^,  or  LIBELLI ;  because  they  were  folded  in  the  form  of  a 
letter  or  little  book.  I.  Caesar  is  said  to  have  first  introduced  these 
lihtUa,  Plutarch,  in  Vita  Caes.  Suet.  Jul.  56.  which  afterwards  came 
to  be  used  almost  on  every  occasion,  Suet.  Jul.  81.  Aug.  53  &  84. 
Tacit.  Annal.  iv.  39. 

But  the  custom  of  referring  every  thing  to  the  senate  (Suet.  7V6. 30.) 
was  only  observed  till  the  Romans  became  habituated  to  slavery. 

After  this,  the  Emperors  gradually  began  to  order  what  they 
thought  proper,  without  consuhing  the  senate  ;  to  abrogate  old  laws 
and  introduce  new  ones  ;  and,  in  short,  to  determine  every  thing  ac- 
cording to  their  own  pleasure ;  by  their  answer  to  the  applications 
or  petitions  presented  lo  them,  (pes  RESCRIPTA  ad  lihtUos  ;)  by 
their  mandates  and  laws  (per  EDICTA  et  CONSTITUTIONES,) 


THE  EQUITES.  3» 

« 

&c  Yespaman  appears  to  have  been  the  first  who  made  use  of 
these  rescripts  and  edicts.  They  became  more  frequent  under 
Hadrian :  fiit>m  which  time,,  the  decrees  of  the  senate,  concerning 
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  precedents,  were  called 
PRIVILEGIA,  (quasi  priva  leges,)  A.  Gell.  x.  20.  This  word  an- 
ciently used  to  be  taken  in  a  bad  sense  ;  for  a  private  law  about  in- 
flicUng  an  extraordinary  punishment  on  a  certain  person  without  a 
trial,  Ctc.  de  Legg.  iii.  19.  as  the  law  of  Clodius  against  Cicero, 
Ctc*  pro  Dom.  17.  which  Cicero  says  was  forbidden  by  the  sacred 
laws,  and  those  of  the  twelve  tables.  Leges  privcUis  htnninibuB  yrro^ 
gari  :  id  est  enim  privilegium^  Ibid,  et  pro  Sext.  30. 

The  rights  or  advantages  {benejicia)  eranted  to  a  certain  condition 
or  class  of  men,  used  also  to  be  called  Frivileoia  ;  Plin.  x.  56.  57. 
110.  as  the  privileges  of  soldiers,  parents,  pupils^  creditors,  dec. 

The  various  laws  and  decrees  of  the  senate,  whereby  supreme 
power  was  conferred  on  Augustus,  and  which  used  to  be  repeated  to 
succeeding  Eipperors  upon  then*  accession  to  the  empire,  (Turn  «€• 
nattis  omnia,)  principibus  solita,  Vespasiano  decrevit.  Tacit  Hist, 
iv.  3.)  when  taken  together  are  ealled  the  Royal  Lam  ;  (LEX  R£- 
GIA,  vel  LEX  IMPERII,  et  AUGUSTUM  PRI VILEGIUM ;) 
probably  in  allusion  to  the  law,  by  which  supreme  power  was  grant* 
ed  to  Romulus,  Liv.  xxxiv.  5. 

THE  EQUITES. 

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  accomplishments,  who  should  serve  on  horseback, 
and  whose  assistance  he  might  use  for  guarding  his  person.  These 
300  horsemen  were  called  CELERES,  {'rax^k  i**  «*«  ^gya  ad  opera 
veloces,  Dionys.  ii.  13.  vel  a  xsKvig,  eques  desvltorius  ;  vel'a  Cblerk, 
eorum  prafecto,  Festus ;)  and  divided  into  three  centuries,  which 
were  distinguished  by  the  same  names  with  the  three  tribes ;  name- 
ly, RAMNENSES,  TATIENSES,  and  LUCERES. 

The  number  of  the  Equites  was  afterwards  increased,  first  by  Tul- 
lus  Hostilius,  who  chose  300  from  the  Albans,  decern  {turmas :  TUR- 
MA,  quasi  terma  dicta  est,  quod  ter  dents  equitU^us  constaret,  Yarro 
et  Festus)  Liv,  i.  30.  then  by  Tarquinius  Priscus,  who  doubled 
their  number,  {Jiumero  alterum  tantum  adjecit ;)  retaining  the  num- 
ber and  names  of  the  centuries ;  only  those  who  were  added,  were 
called  Ramnensts'TcUienses,  Luceres,  posteriores.  But  as  Livy  says 
there  were  now  1800  in  the  three  centuries,  Tarquin  seems  to  have 
more  than  doubled  them,  Liv.  i.  36. 

Servius  TuUius  made  eighteen  centuries  of  Elites ;  he  chose 


90  ROMAN  ANTIQUITIES. 

twelve  Dew  centuries  from  the  chibf  men  of  the  state,  and  made  six 
others  out  of  the  three  instituted  by  Romulus.  Ten  thousand  pounds 
of  brass  were  ^iven  to  each  of  them  to  purchase  horses ;  and  a  tax 
was  laid  on  wmdows,  who  were  exempt  from  other  contributions, 
for  maintaining  their  horses,  Ltv/i.  43.  Hence  the  origin  of  the 
Equestrian  ofder,  which  was  of  the  greatest  utility  in  the  state»  as 
an  intermediate  bond  between  the  Patricians  and  ^Plebeians. 

At  what  particular  time  the  E^uites  first  began  to  be  reckoned  a 
distinct  order,  is  uncertain.  It  seems  to  have  been  before  the  ex- 
pulsion of  the  kings,  Iav.  ii.  1.  After  this  all  those  who  served  on 
norseback  were  not  properly  called  EQUITES  or  knights,  but  suclr 
only  as  were  chosen  into  the  equestrian  order,  usually  by  the  cen- 
sor,«and  presented  by  him  with  a  horse  at  the  public  expense,  and 
with  a  ffold  ring. 

The  Equites  were  chosen  promiscuously  from  the  Patricians  and 
Plebeians.  Those  descended  from  ancient  families  were  called  IL« 
LUSTRES,  SPECIOSI,  and  SFLENDIDI.  They  were  not  limit- 
ed to  any  fixed  number.  The  age  requisite  was  about  eigiiteen  years, 
Dio.  lii.  30.  and  the  fortune  (census,)  at  least  towards  the  end  of  the 
republic,  and  under  the  Emperors,  was  401)  Sesierlia,  that  is,  about 
3229/.  sterling,  Horal.  Ep.  i.  1.  57.  Plin.  Ep,  i.  19.  According  to 
some,  every  Roman  citizen,  who^e  entire  fortune  amounted  to  that 
sum,  was  every  lustrum  enrolled,  of  course,  in  the  list  of  Equites^ 
But  that  was  not  always  the  case,  Liv,  v.  ?•  A  certain  fortune 
seems  to  have  been  always  i^quisite,  Ltv.  iii.  27. 

The  badges  of  Equites  were,  1.  A  horse  given  them  by  the  pub- 
lic; hence  called  leoitimus,  Ovid.  Ihst.  iii.  130.  2.  A  golden 
ring,  whence  annulo  aureo  donari,  for  inter  equites  legi.  3.  w9t£- 
gustus  ChtvuSj  or  Tunica  angiisticlavia  ;  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,  Dio.  xxxvi.  25.  Juvenal,  iii.  ISO. 
xiv.  324.  That  the  Equites  should  sit  in  14  rows  (in  XIV.  gradi* 
bus,)  next  to  the  Orchestra,  where  the  senators  sat ;  whence  Sbderb 
IN  Quatuordecih,  or  in  Equestribus,  or  Sp£ctare  in  Ec^uites,  for 
Eqmtem  esse.  Suet. 

The  office  (MUNUS)  of  the  Elquiles  blI  first  was  only  to  serve  in 
the  army  ;  but  afterwards  also  to  act  as  judges  or  jurymen,  (ut  judi^ 
carent,)  and  to  farm  the  public  revenues,  (vectigalia  conducere.) 
Judges  were  chosen  from  the  senate  till  the  year  of  the  city  631,  at 
which  time,  on  account  of  the  corruption  of  that  order,  the  right  of 
judging  was  ti^ansferred  from  them  to  the  eqxiites,  by  the  Sempro* 
nian  law,  made  by  C.  Gracchus.  It  was  again  restored  to  the  se* 
nate  by  Sylla;  but  afterwards  shared  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  MAGIS* 
TER  SOCIETATIS,  Cic.  Fam.  xlii.  9.  These  farmers  (PUBU- 
CANI)  were  held  in  such  respect  at  Rome,  that  Cicero  calls  them 
Homines  amplissirm,  honestissimi,  et  ornatissimi  /  pro  lege  ManiL  7. 


THE  EQUITES.  31 

Flo€  eqmiwn  Ramanorumf  omomerUum  dvUtUist  Jirmathenlum  ret- 
pfublkmj  pro  PlaDck),  9.  But  this  was  far  fixun  being  the  case  in  the 
proTinces,  where  publicans  were  held  in  detestation,  Ascan.  m  Cic. 
Ferr.  ii.  3.  especially  their  servants  and  assistants, 

A  great  degree  of  splendour  was  added  to  the  Equestrian  order 
by  a  procession,  (TRANSVECTIONE,)  which  they  made  throogh 
the  cky  every  year  on  the  15th  day  of  July,  (Idibfis  QuSnctilUma^) 
lav.  ix.  46.  from  the  temple  of  Honour,  or  of  Mars,  without  the  city, 
to  the  Capitol,  riding  on  horseback,  with  wreathes  of  olive  on  their 
heads,  drest  in  their  Tog<B  palmatcty  or  irabta,  of  a  scarlet  colour, 
and  bearing  in  their  hands  the  military  ornaments,  which  they  had 
received  from  their  general,  as  a  reward  for  their  valour,  Dionys.  vi. 
13.  Plin.  XV.  4.  s.  5.  At  this  time  it  was  not  allowable  to  cite  them 
before  a  court  of  justice ;  such  at  least  was  the  case  under  Augus- 
tus, SueL  Aug,  38. 

Every  fifth  year,  when  this  procession  was  made,  the  £lqmit9  rode 
up  to  the  Censor  seated  in  his  curule  chair,  before  the  Capitol,  and 
dismounting,  led  along  (traducebant)  their  horses  in  their  hands 
before  him,  Cic,  ClnenL  48.  QuinctiL  v.  11.  13.  and  in  this  manner 
they  were  reviewed,  (RECOGNOSCEBANTUR.) 

U  any  Eques  was  corrupt  in  his  morals,  or  had  diminished  his  for- 
tune, or  even  had  not  taken  proper  care  of  his  horse,  GelL  iv.  90. 
the  Censor  ordered  him  to  sell  his  horse,  Liv.  xxix.  37.  and  thus  he 
was  reckoned  to  be  moved  from  the  equestrian  order ;  hence  ADI* 
MERE  EQUUM,  to  degrade  an  Eques  ;  but  those  whom  the  Cen- 
sor approved,  were  ordered  to  lead  along  {traducere)  their  horses, 
Ovid.  TrisL  ii.  89.. 

At  this  time  also  the  Censor  read  over  a  list  of  the  Equiles,  and 
such  as  were  less  culpable  {qui  minore  culpd  tenerentur)  were  degrad- 
ed, (oRDiNK  EQUBBTRi  MOTi  SUNT,)  Only  by  passing  over  their 
names  in  the  recital,  SueL  CaL  16.  We  find  it  mentioned  as  a  re- 
ward, that  a  person  should  not  be  obliged  to  serve  in  the  army,  nor 
to  maintain  a  public  horse,  {ne  invitus  mililaret,  neve  Cetisor  ei  quum 
.  publicum  assignarei ;)  but  this  exemption  could  be  granted  only  by 
tbepeople,  Liv,  xxxix.  19. 

The  Eques  whose  name  was  first  marked  in  the  Censor's  books, 
was  called  EQUESTRIS  ORDINIS  PRINCEPS,  Plin,  Ep.  i.  14. 
or  PRINCEPS  JUVENTUTIS ;  not  that  in  reality  the  EquiUs 
were  all  young  men,  for  many  grew  old  in  that  order,  as  Msecenas 
and  Atticus ;  and  we  find  the  two  Censors,  Livius  and'tATero,  were 
Eqiiitest  Liv.  xxix.  37.  but  because  they  had  been  generallv  so  at 
tl^ir  first  institutions ;  and  among  the  Romans,  men  were  called  Ju' 
venes,  till  near  fifty.  Hence  we  find  Julius  Csesar  called  Adolescent 
tulus^  when  he  stood  candidate  for  being  high-priest,  although  lie 
was  then  thirty-six  years  old,  Sail.  CaL  49.  And  Cicero  calls  him- 
self Adolescens  when  he  was  Consul,  Phil.  ii.  5.  Under  the  Empe- 
rors, the  heirs  of  the  empire  were  called  Principes  Juvenlutis^  Suet. 
Calig.  15.  vel.  juvenum^  Ovid.  Pont.  ii.  5.  41.  We  find  this  name 
also  applied  to  the  whqle  Equestrian  order,  Liv.  xlii.  61. 


33  ROMAN  ANTIQUITIES. 


THE  PLEBEIAN  OR  POPULAR  ORDER. 

All  the  other  Roman  citizens,  besides  the  Patricians  and  EquUetf 
were  called  PLEB8  or  POPULUS.  Populus  sometimes  compre- 
hends the  whole  nation;  as, Clementia  Romani  Populi  ;  or  all  the 
people  except  the  senate ;  as,  Sbnatus  pofulusque  Rohanus.  In 
which  last  sense />/e6f  is  often  used ;  as  when  we  say,  that  the  Con- 
suls were  created  from  the  P/e6eiant,  that  is,  from  those  who  were 
not  Patricians.  But  pleba  is  usually  put  for  the  lowest  common 
people ;  hence,  ad  populum  plebemque  referre^  Cic.  Fam.  viii.  8. 
So  Gelt.  X.  I0>    Thus  Horace,  PUbs  erisj  i.  e.  unm  e  pUbt^  a  Ple- 

*  "  In  eveiy  state  the  constilation  of  which  has  been  grounded  on  a  certain  num- 
ber of  houses,  a  commonalty  has  grown  up  or  subsisted  oy  the  side  of  the  burghers  { 
or  the  freeholders.  The  members  of  this  commonalty  were  not  only  recognised  as  | 
freeman,  but  also  as  fellow-countrymen :  they  lyceived  lilce  succour  against  foreign- 
ers, were  under  the  protection  of  the  laws,  might  acquire  real  property,  had  their 
motes  for  making  by-laws  and  their  courts,  were  bound  to  serve  m  time  of  war,  but 
were  excluded  from  the  government,  which  was  confined  to  the  houses.  The  Bo- 
man  commonalty,  the  plebs,  arose  like  others  out  of  a  medley  of  elements.  The 
genuine,  noble*  great  plebs  takes  its  rise  from  the  formation  of  a  domain  out  of  the 
towns  won  from  the  Latins.  In  the  accounts  of  the  conquests  made  by  the  first  kings 
it  Is  stated  that  many  of  the  conquered  places  were  converted  into  colonies,  that  the 
others  were  destroyed  and  the  inhabitants  carried  to  Rome;  where  they,  along  with 
the  citizens  of  the  colonies,  received  the  Roman  franchise.  Their  franchise  resem- 
bled that  which  in  later  times  was  citizenship  without  a  vote  ;  for  a  vote  could  not 
be  given  except  in  the  curies :  but  their  condition  was  worse  than  that  of  those  who 
afterwards  stood  on  this  footing:  for  they  could  not  intermarrv  with  the  Fntriciaos, 
and  all  their  relations  with  them  were  uniformly  to  their  prejudice.  Nevertheless 
these  new  citizens,  scantily  as  they  were  endowed  with  rights,  were  not  made  up 
then,  any  more  than  in  later  times,  merely  of  the  lower  orders :  the  nobles  of  the 
eonquered  and  ceded  towns  were  among  them ;  as  subsequently  we  find  that  the 
Mamilii,  the  Papii,  the  Cilnii,  the  Csecinss,  were  all  Plebeians.  Now,  that  the  Ple- 
beian commonalty  arose  out  of  the  freemen  thus  incorporated  with  the  state,  is  suf- 
ficiently proved  by  the  tradition  that  Ancus  assigned  habitations  on  the  Aventine  to 
the  Latins  from  the  towns  which  had  become  subject  to  Rome :  for  this  hill  was  af- 
terward the  site  of  what  was  peculiarly  the  Plebeian  city.  It  is  a  gross  error,  which 
leads  us  to  frame  the  most  unjust  judgments,  to  suppose  that  tne  Plebeians  sprang 
out  of  the  clients  of  the  Patricians,  and  consequently  must  have  been  insurgent  he- 
reditarv  bondmen.  That  the  clients  were  total  strangers  to  the  Plebeian  commonalty, 
and  dia  not  coalesce  with  it  until  late,  when  the  bond  of  servitujie  had  been  loosened, 
partly  from  the  houses  of  their  patrons  dying  off  or  sinking  into  decay,  partly  from 
the  advance  of  the  whole  nation  toward  freedom,  may  be  proved.  The  existence 
of  the  plebs,  as  acknowledgedly  a  free  and  a  very  numerous  portion  of  the  nation, 
may  be  traced  back  to  the  reign  of  Ancus :  but  before  the  time  of  Servius  it  was  only 
an  aggregate  of  unconnected  parts,  not  a  united  regular  whole.  From  this  time  for- 
ward the  Roman  nation  consisted  of  the  two  estates,  the  popului,  or  body  of  burghers, 
and  the  |p2s6f,  or  commonalty :  both,  according  to  the  views  of  the  legislator,  e<fuaUy 
free,  but  differing  in  degree  of  honour :  the  Patricians,  as  elder  brothers,  and  more- 
over as  each  of  them  was  the  member  of  a  far  less  numerous  body,  had  the  advan- 
tage of  the  Plebeians,  as  the  greater  houses  had  of  the  lesser.  We  do  not  aim  at  prying 
into  the  mysteries  of  the  ancient  theologies ;  thus  much  however  is  evident :  that  the 
Romans  conceived  every  part  of  nature  and  every  vital  and  spiritual  power  to  be  di- 
vided into  two  sexes  and  two  persons ;  they  had  teuut  and  ttllumo^  anima  and  anvn^i 
and  in  like  manner  they  probably  also  looked  upon  the  nation  as  consisting  of  pop^" 
itu  and  pUbes :  hence  the  namqs  are  masculine  and  feminine.  The  use  of  the  former 
word  for  the  sovereign  assembly  of  the  centuries  belongs  to  later ;  for  the  whole  na- 
tion, to  yet  more  recent  times  :  and  along  with  the  second  meaning  the  original  one 
long  continued  to  prevail.    It  is  related  under  the  year  341  that  the  plebs,  with  the 


THE  PLEBEIAN  ORDER.  33 

bekuiy  not  an  Emus^  Ep.  L  1.  59.  who^also  uses  pltbs  for  the  whole 
people,  Od.  iii.  14.  L 

The  common  people,  who  lived  in  the  country,  and  cultivated  the 
ground,  were  called  PLEBS  RUSTIC  A,  Liv.  xxxv.  1.  Anciently 
the  senators  also  did  the  same,  Cic,  de  Sera  16.  but  not  so  in  after 
times,  Liv,  iii.  26.  The  common  people  who  lived  in  the  city, 
merchants,  mechanics,  &c.  Cic.  Off',  i.  42.  were  called  PLEBS 
URBANA,  Sail.  Cat.  37.    Both  are  joined,  lb.  Jug.  73. 

The  Plebs  rustica  was  the  most  respectable,  {optima  et  modest 
Ustima^  Cic.  Rull.  ii.  31. /aucb/i'mma,  Piin.  xviii.  3.)  The  Plebs 
u&BANA  was  composed  of  the  poorer  citizens,  many  of  whom  follow- 
ed no  trade,  but  were  supported  by  the  public  and  private  largesses, 
(eos  publicum  malum  alebat ;  Sallust.  Cat.  37.)  In  the  latter  ages 
of  tlie  republic  an  immense  quantity  of  com  was  annually  distributed 
among  them  at  the  public  expense,  five  bushels  monthly  to  each 
man,  Sallust.  fragm.  edit.  Cortii.  p.  974.  Their  principal  business 
was  to  attend  on  the  tribunes  and  popular  magistrates  in  their  as- 
semblies ;  hence  they  were  called  turba  for^sis,  Ldv.  ix.  46.  and  • 
from  their  venality  and  corruption,  Opera  conducts:  vel  mercenarUf 
in  allusion  to  mercenary  workmen,  Cic.  Sext.  17  6c  S7.  Q.fratr.  ii. 

l.^tt/u  13.   OPERiB  CONDUCTORUM,  Sex^  50.    MULTITCDO  CONDUCTAf 

Phil.  i.  9.  coNCiONBS  ooMDUCTSy  Sext.  49  and  53.  Conciohalis 
BiRUDO  (srartt,  misera  ac  jejuna  plbbecvla,  ^tt.  i.  16.  Fabx  bt  soa* 
DBS  URBIS9  lb.  13.  Urbana  et  perdita  Plebs,  Id.  vii.  3. 

Cicero  often  opposes  the  populace,  {populus^  plebs^  multitudo^ 
tenuiores,  Ac.)  to  the  principal  nobility,  {principes  delecti^  Optimatts 
et  Optimatium  principes^  honesti^  boni^  locupleteSf  i^c.)  Cic  Sext  48, 
68.  Ac. 

There  wore  leading  men  amongthe  populace,  (duces  mtdtitudinumf) 
kept  in  pay  by  the  seditious  magistrates,  who  used  for  hire  to  stimu- 
late them  to  the  most  daring  outrages,  Sallust.  Cat.  50.  Cic.  Sext* 
37.  46.  The  turbulence  of  the  common  people  of  Rome,  the  natu- 
ral effect  of  idlene^  and  unbounded  licentiousness,  is  justly  reckoned 
among  the  chief  causes  of  the  ruin  of  the  republic.  Trade  and  manu- 
faq|;ures  being  considered  as  servile  employments,  Sallust.  Cat.  4^ 
Dionys.  ix.  sS.  they  had  no  encouragement  to  industry ;  and  the 
numerous  spectacles  which  were  exhibited,  particularly  the  shows  of 

conearrence  of  the  popultfs,  committed  the  charge  of  iavestigating  the  murder  of 
PostumiiM  to  the  colwuls:  in  this  pUce  no  ioterprclation  can  attach  that  meaning  to 
the  word  into  which  it  has  been  attempted,  though  very  mistakenly,  to  strain  it  in 
the  MyiDg  of  Appiua  Claudius,  that  tiie  tnltuius  toere  magistraUs  of  the  pltbs,  not  ofth* 
popmbui  where  it  is  contended  thai  popuLts  means  the  people  in  the  centuries." 

NUbufir. — Ed. 
Notwithstanding  the  authority  of  Niebuhr,  it  is  impossible  to  receive  his  account 
of  the  origin  of  the  Roman  plebs  as  perfectly  correct.  Whatever  part  the  conquered 
people  may  have  bad  in  its  increase,  there  can  be  little  doubt  that  the  gradual  ame- 
Uotmtibn  of  the  conditioa  of  the  clients,  on  sticcessivc  revolts,  begot  this  illustrious 
body ;  and  that  such  was  not  only  the  case  at  Rome,  but  also  in  every  other  city  of 
nntiqnity,  in  which  an  analogous  body  appears  as  a  part  of  the  recognized  diviaion 
of  the  poUticai  ettnte. — £d. 

5 


34  .ROMAN  ANTIQUITIES. 

gladiators,  served  to  increase  their  natural  ferocity.  Henice  thev 
were  always  ready  to  join  in  any  conspiracy  against  the  state,  Sal* 
lust.  Cat.  37. 

OTHER  DIVISIONS  OF  THE  ROMAN  PEOPLE. 

I.  PATRONS  AND  CLIENTS,  NOBILES,  NOVI,  AND  IG- 
NOBILES  ;  OPTIMATES  AND  POPUI^RES. 

That  the  Patricians  and  Plebeians  might  be  connected  together 
by  the  strictest  bonds,  Romulus  ordained  that  every  Plebeian  should 
choose  from  the  Patricians  any  one  he  pleased,  as  his  PATRON  or 
protector,  whose  CLIENT  he  was  called,  {quod  eum  colebal.)*  * 

In  after  times,  even  cities  and  whole  nations  were  under  the  pro- 
tection of  illustrious  Roman  families  ;  as  the  Sicilians  under  the  pa- 
tronage of  the  Marcelli,  Cic.  in  CceciL  4.  Verr,  iii.  18.  Cyprus  and 
Cappadocia  under  that  of  Cato,  Cic.  Fam.  xv.  4«  the  Allobroges  uq- 
der  the  patronage  of  the  Fabii,  Sallust,  Cat,  41.  The  Bononienses, 
of  the  Antonii,  Smi.^ug.  17.  Laced8Bmon,of  the  Claudii,  Id.  Tib.  6. 

*  "  How  the  Clientflhip  arose  does  not  admit  of  a  historical  exposition,  any  more 
tbaa  the  oriein  of  Rome.  The  Romans,  and  the  citizens  of  such  towns  as  stood  in  a 
federal  relation  to  Rome,  were  mutaally  entitled  to  excliange  their  home  for  the  other 
city,  perhaps  under  the  obligation,  at  all  events  with  the  ri^ht,  of  attaching  themselves 
to  a  patron.  In  Greece  thu  connexion  rested  only  on  reciprocal  interest ;  and  might 
be  given  up  and  altered  at  will.  At  Rome  it  was  hereditary  like  vassalage.  That 
it  commonly  descended  from  one  generation  to  another,  Dionysius  li  aware ;  only 
he  looks  on  this  as  a  voluntary  prolongation.  Most  probably  he  is  mistaken.  Those 
clients,  who  neither  gained  their  livelihood  by  traile  nor  had  already  acquired  any 
property  of  their  own,  received  grants  from  their  Patrons  of  building^gronnd  on  their 
estates,  together  with  two  jagers  of  arable  land ;  not  as  property,  but  as  a  precarious 
tenement,  which  the  owner  might  resume  if  he  felt  himself  injured.  But  all,  how- 
aver  different  in  rank  and  consequence,  were  entitled  to  patejmal  protection  from 
their  Patron :  he  was  bound  to  relieve  their  distress,  to  appear  for  them  in  court,  to 
expound  the  law  to  them,  civil  and  ponUfical.  On  the  other  hand,  the  Clients  were 
to  be  heartily  dutiful  and  obedient  to  their  Patron,  to  promote  his  honour,  to  pay  his 
mulctsand  fines,  to  aid  him  Jointly  with  the  members  of  his  house  in  bearing  burthens 
for  the  commonwealth  and  defraying  the  charges  of  public  offices,  to  contribute  to- 
ward portioning  his  daughters,  and  to  ransom  him  or  any  of  his  family  who  might 
fall  into  the  hands  of  an  enemy.  There  was  a  mutual  bond  between  the  Patron  and 
the  Client,  that  neither  should  bring  an  accusation  or  bear  witness  against  the  other,, 
or  give  sentence  in  court  against  him,  or  in  favour  of  his  enemies.  The  duties  of  the 
Patron  toward  the  Client  were  more  sacred  than  those  toward  his  own  kin.  Whoever 
trespassed  against  his  Clients,  was  gulUy  of  treason,  and  devoted  to  the  infernal 
gods ;  that  is  to  say,  outlawed,  so  that  any  might  slay  him  with  impunity.  It  is  pro- 
bable that  the  pontiff,  as  the  viceeerent  of  heaven,  to  which  the  cry  or  the  injured 
party  was  raised,  devoted  the  head  of  the  offender.  To  bring  a  charge  before  a  civil 
tribunal  was  impossible:  its  interference  would  have  perverted  and  destroyed  the 
whole  relation.  Among  the  privileges  which  the  Ramnes  are  said  to  have  claimed 
to  the  exclusion  of  the  other  Patricians,  according  to  a  narrative  which  assuredly 
represents  their  relation  to  the  Luceres,  one  is  that  of  receiving  strangers  as  Clients. 
Still  less  then  would  they  allow  this  right  to  the  Plebeians ;  yet  when  distinguished 
men  rose  up  in  the  latter  order,  who  could  afford  protection  and  redress,  and  grant 
plots  of  ground  at  will,  Clients  attached  themselves  to  these  as  well  as  to  the  Patri- 
eijuis.  Until  the  Plebeians  obtained  a  share  in  the  consulship  and  in  the  usufruct  •£ 
the  domains,  free  foreigners,  with  few  exceptions,  must  neeas  have  applied  to  the 
trti  order ;  in  which  however  there  may  have  been  many  with  scarcely  a  olieot : 
and  10  long  PtUfwn  and  Patricutn  were  eoeitensive  terms.*'    ^teAa^r.—ED. 


GENTES,  FAMILLE,  &c.  35 

Thus  the  people  of  Puteoli  chose  Cassias  and  the  Bniti  for  their 
patrons,  Cic.  Phil,  iu  41.  Capua  chose  Cicero,  Cic.  Pis.  1 1.  fhm. 
XTi.  11.  &c.  This,  however,  seems  to  have  taken  place  also  at  an 
early  period,  Liv.ix.  20.  &ci 

Those  whose  ancestors  or  themselves  had  borne  any  Curule  ma* 
gistracy,  that  is,  had  been  Consul,  Preetor,  Censor,  or  Curule  iGdile, 
were  called  NOBILES,  and  had  the  right  of  making  images  of  them- 
selves, (JUS  IMAGINUM,)  which  were  kept  with  great  care  by 
their  posterity,  and  carried  before  them  at  funerals,  P7tn.  xxxv»  2. 

These  images  were  nothing  else  but  the  busts  or  the  effigies  of 
persons  down  to  the  shoulders,  made  of  wax  and  painted  ;  which 
they  used  to  place  in  the  courts  of  their  houses,  {atria^)  enclosed  in 
wooden  cases,  and  which  they  seem  not  to  have  brought  out  except 
on  solemn  occasions,  Polyh.  vi.  51.  There  were  titles  or  inscriptions 
written  below  them,  pointing  out  the  honours  they  had  enjoyed,  and 
the  exploits  they  had  performed,  {Juvenal.  Sat.  viii.  69.  rtin.  xxxv. 
3.)  Hence  imagines  is  often  put  for  nobilitas^  Sallust  Jug.  85.  lAv. 
iii.  58.  and  ceres  for  imagines,  Ovid.  Amor.  i.  8.  65.  Anciently  this 
right  of  images  was  peculiar  to  the  Patricians ;  but  afterwards  the 
Plebeians  also  acquired  it,  when  admitted  to  curule  offices. 

Those  who  were  the  first  of  their  family  that  had  raised  themselves 
to  any  curule  office,  we^  called  homines  NOVI,  new -men  or  upstarts. 
Hence  Cicero  calls  himself //omo^er  st  cognituSf  in  Cat  i.  11. 

Those  who  had  no  images  of  theur  own  or  of  their  ancestors,  were 
called  IGN0BILE8. 

Those  who  favoured  the  interests  of  the  senate,  were  called  OP- 
TIMATES,  Lav.  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  Sext.  45. 
This  was  a  division  of  factidns,  and  not  of  rank  and  dignity,  Dionys. 
is.  i.  The  contests  betwixt  these  two  parties  excited  the  greatest 
commotions  in  the  state,  which  finally  terminated  in  the  extinction 
of  liberty. 

II.  GENTES  anrf  FAMILIiE  ;  NAMES  of  the  Roinans  ^  INGE- 

NUI  and  LIBERTINI,  &c. 

The  Romans  were  divided  into  various  plans,  (GENTES,)  and 
each  gens  into  several  families,  (in  Fahilias  v.  Stirpes.)  Thus  in 
the  Oens  Cornelia  were  the  families  of  the  Scipiones,  LetxtiM,  C«. 
thegi,  Dolabella,  Cinnce,  Syllce,  &c.  Those  of  the  same  gens  were 
called  GENTILES,  and  those  of  the  same  family,  AGNATI,  Cic. 
Top.  c.  6.  Festus  in  Voce  Gent i us.  But  relations  by  the  father's 
side  were  also  called  Agnatic  to  distinguish  them  from  Cognati^  rela- 
tions only  by  the  mother's  side.  An  Agnatus  might  also  be  called 
Cognatus,  but  not  the  contrary.  Thus,  Patmus.  the  father's  brother, 
was  both  an  agnatus  and  cognatus ;  but  avtmculusy  the  mother^s 
brother,  was  only  a  cognatus^  Digest. 


36  ROMAN  ANTIQUITIES. 

Anciently  patricians  were  only  said  to  have  a  gens^  Liv.  x,  8w 
Hence  some  Patricians  were  said  to  be  majomm  gentium^  and  others 
minorum  gmiium^  Cic.  Fam.  ix.  21.  But  when  the  Plebeians  ob- 
tained the  right  of  intermarriage  with  the  Patricians,  and  acoess  to 
the  honours  of  the  state,  they  HKewise  received  the  rights  of  gtnies^ 
(jura  genliianf  vel  gentilia  ;)  which  rights  were  then  said  to  be  con- 
founded by  these  innovations,  Liv,  iv.  1.  &c.  Hence,  howeTer, 
some  gentes  w^re  patrician,  and  others  plebeian ;  and  sometimes  in 
the  same  gens  there  were  some  families  of  patrician  rank  and  others 
of  plebeian,  Suet»  Tib.  I.  Hence  also  sinegtntef  for  tibtrtinui  et  nen 
generosus  ignobly  bom,  HoraU  Sat.  ii.  5*  15. 

To  mark  the  different  gentes  and/amt/us,  and  to  distingoirii  the 
individuals  of  the  same  family,  the  Romans,  at  least  the  more  noMe 
of  them,  had  commonly  three  names,  the  PrcBnamenj  Aom<n,  and 
Cognomen,  Juvenal,  v.  136.  Quinctih  3.  27.      ^ 

The  PRiENOMEN  was'  put  first,  and  marked  the  individual.  It 
was  commonly  written  with  one  letter ;  as  Jl,  for  Aulus  ;  C  Caius  : 
D,  Decimus  ;  K.  Kctso  ;  L.  Lucius  ;  M.  Marcus  ;  M\  Manius  ;  Jfi 
NumeriuB  ;  P.  Pubiius  ;  Q.  Quintus  ;  T.  Titus  ;  sometimes  with  two 
letters;  as,  Ap.  Anpitis^  Cn.  Cnexue;  Sp,  Spurius ;  TV.  Itberiusj 
and  sometimes  witn  three ;  as,  Jllsfm  Mamercus  ;  Ser.  Serviiu  ;  Sex. 
Sexius, 

The  NOMEN  was  put  after  the  Prtenomen^  and  marked  the  genSf 
and  commonly  ended  in  ius  ;  as,  Cornelius^  Fabius^  TolHus^  Julius^ 
OctaviuSf  &c. 

The  COGNOMEN  was  put  last,  and  marked  the/aim7ta  ;  us,  Ci- 
cerOf  Casarf  &c  Thus  in  Pubiius  Cornelius  Scipioj  Pubiius  is  the 
Premomen  ;  Cornelius,  the  J^Tomen  /  and  Scipio,  tne  Cognomen. 

Some  gentes  seem  to  have  had  no  surname ;  as,  the  Marian :  thus, 
C  Marius,  Q.  Sertorius^  L.  Mammius^*  Plutarch,  in  Mario.  Oens 
and  familia  seem  sometimes  to  be  put  the  one  for  the  other :  thus, 
Fabia  gens^  v.familia^  Liv.  ii.  49. 

Sometimes  there  was  also  a  fourth  name,  called  the  AGNOMEN, 
or  Cognomen,  added  for  some  illustrious  action  or  remarkable  event. 
Thus  Scipio  was  named  Africanus^  from  the  conquest  of  Carthage 
and  Africa.  On  a  similar  account,  his  brother  Lucius  Cornelius 
Scipio  was  named  Asiaticus.  So  Quintus  Fabius  Maximus  was  call- 
ed Cunctator,  from  his  checking  the  impetuosity  of  Hannibal  by  de- 
clining battle.  We  find  likewise  a  second  Agnomen  or  Cogtiomen, 
added ;  thus,  the  latter  Pubiius  Cornelius  Scipio  Africanus  is  called 
AEmilianusy  because  he  was  the  son  of  L.  iEmilius  Paulus,  and 
adopted  by  the  son  of  the  great  Scipio,  who  had  no  children  of  bis 
own.  But  he  is  commonly  called  by  authors  Africantis  Minor,  to 
distinguish  him  from  the  former  Scipio  Africanus. 

The  Romans  at  first  seem  to  have  had  but  one  name ;  as,  Romulus, 
Remus,  &c. :  or  two ;  as,  Mima  Pompilius,  Tullus  Hostilius,  Aneus 
Martius^  Tarquinius  Priscus^  Servius  Tullius,  Sextus  Tarquinius. 
But  when  they  were  divided  into  tribes  or  clans  and  families,  (m 


GEJftTES,  PAMILI^,  Ac.  37 

gtntei  et  famil^a9^  they  began  cotnmonly  to  have  three ;  at,  L.  Ju- 
niu$  Brutus^  M,  PaUrius  Poplicola^  &c. 

The  three  names,  however,  were  not  always  used ;  commonly 
two,  and  sometimes  only  one,  namely,  the  surname,  SalL  Cat,  17. 
Cic.  EpisL  passim.  But  in  speaking  to  any  one,  the  pranomen  was 
generally  used,  as  being  peculiar  to  citizens :  for  slaves  had  no  pnt'^ 
nomtn.  Hence,  Gaudent  pranomine  mollts  auricultt^  Hor.  Sat  ii. 
5.32. 

The  surnames  were  derived  from  various  circumstances,  either 
frmn  some  quality  of  the  mind  ;  as  Ckilo  from  wisdom,  i.  e.  Cahu^ 
wise,  Ctc.  de  Sen.  2.  &c.  or  from  the  habit  of  the  body ;  as  Cahns^ 
Crastus^  Maetr^  izc.  Certain  surnames  sometimes  gave  occasion  to 
jests  and  witty  allusions ;  thus,  Astna^  Hor.  £p.  i.  13.  9.  So  Serra'^ 
mu  Caiaiinua^  Cic.  pro  Sext.  33.  Hence  also  in  a  different  sense, 
Virgil  says,  Vel  it  sulco^  Serrane,  serenttm^  JEn.  vi.  844 ;  for  Q. 
Cincinnatus  was  called  Sbrranus,  because  the  ambassadors  from 
the  senate  found  him  sowings  when  they  brought  him  notice  that  he 
was  made  Dictator,  P/t/t.  xviii.  3. 

The  Pranomen  used  to  be  given  to  boys,  on  the  9th  day,  which 
was  called  dies  lustricus,  or  the  day  of  punfication,  when  certain  re- 
ligious ceremonies  were  performed,  Abcro6.  Sat.  1.  16.  Suet.  Ner, 
6.  The  eldest  son  of  the  family  usually  got  the  Prmnomen  of  the 
father ;  the  rest  were  named  from  their  uncles  or  other  rehitions. 

When  there  was  only  one  daughter  in  a  family,  she  used  to  be 
called  from  the  name  of  the  gens  ;  thus,  Tultia^  the  daughter  of  Ci- 
cero ;  Julia^  the  daughter  of  Ca»ar ;  Octavia^  the  sister  of  Augustus, 
4^.  and  they  retained  the  same  name  after  they  were  married. 
When  there  were  two  daughters,  the  one  was  called  Major  and  the 
other  Minor  ;  thus,  Cornelia  Major,  Cornelia  Minor •  If  there  were 
more  than  two,  they  were  distinguished  by  their  number ;  thus,  Prt" 
mOj  Secunda,  Tertia,  Quarto,  Quinta,  &c.  Varro  de  Lat.  Ling.  Tiii. 
38.  Suet.  Jul.  50.  Or  more  softly,  Tertilla,  Quartilla,  Qtiintilla^ 
&c.  Cic.  Att  xiv.  20.  Women  seem  anciently  to  have  also  had 
praenomens,  which  were  marked  with  inverted  letters ;  thus,  0  for 
Caia,  T  for  Lvcia,  &c. 

During  the  flourishing  state  of  the  republic,  the  names  of  the 
gentesj  and  surnames  of  the  familice  always  remained  fixed  and  cer- 
tain. They  were  common  to  all  the  children  of  a  family  and  des- 
cended to  their  posterity.  But  after  the  subvei*sion  of  liberty,  they 
were  changed  and  confounded.* 

^  Th«  ftrit  ioiposition  of  names  was  fonDded  on  different  views  amoDjr  differeDt 
people :  the  most  common  was  to  mark  ihe  good  wishes  of  the  parents.  Hence  Fie- 
tt/Tj  Faustutf  ProbuSf  &c.  Sacb  names  arc  by  Cicero  called  botui  nomtna,  and  by  Ta- 
citns/mulii.  The  greatest  part  of  names  found  in  Homer  are  narks  of  distinction, 
i;iYen  in  honoar  of  the  qnalities  most  esteemed  in  the  heroic  aces.  Snich  Were  TIs- 
pUemuSt  AmpkimaehuMf  Eumedet^  Patroelus,  &c.  Hence  Cmnaen  takes  it  for  grant- 
ed, that  names  in  all  nations  and  languages  are  significative.  The  ancient  BrilonM 
generallv  took  their  names  from  colours.  Our  Christian  names  are  derived  from 
various  languages ;  1st,  from  the  Hebrew,  as  David,  Sampson,  Daniel :  3d.  from  the 
German,  aa  Robert,  William,  Henry :  3d.  from  the  Greekt,  as  Peter,  Andrew,  Oeerge, 


88  ROMAN  ANTIQUITIEa 

Those  wexe  called  LIBERI,  free,  who  had  the  power  of  doing 
what  they  pleased.  Those  who  were  bom  of  parents  who  had  been 
always  free,  were  called  INGENUI.  Slaves  made  free  were  called 
LIBERTI  and  LIBERTINI.  They  were  called  Liberti  in  relation 
to  their  masters,  and  Libertini  in  relation  to  free-bom  citizens  ;  thus, 
Libertus  meu$y  libertus  CtBsaris^  and  not  libertinus  ;  but  Itbertirius  ho^ 
mOf  i.  e.  non  ingenuus,  Servus  cum  manu  miitiiur^Jit  libertinus,  {non, 
libertus,)  Quinctil.  8. 3. 27. 

Some  think  that  Libertini  were  the  sons  of  the  Liberti^  from  Sue- 
tonius, 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  wri- 
ters who  flourished  in  different  ages.  Plant.  Mel.  Glor.  iv.  1.  15.  & 
16.  Cic.  in  Verr.  i.  47.  Those  whom  Cicero,  de  Orat.  i.  9.  calls  Zit- 
bertinif  Livy  makes  qui  servitutem  servtssent,  45.  15.  Hence  Sene^ 
ca  often  contrasts  Servi  et  Liberia  Ingenui  et  Libertini^  de  Vit*  Beat. 
24.    £p.  31.  &c. 

SLAVES. 

Mbn  became  slaves  among  the  Romans  by  being  taken  in  war,  by 
sale,  by  way  of  punishment,  or  by  being  born  in  a  state  of  servitude^ 
{Servi  aut  nascebaniur  Q,uijiebant.) 

1.  Those  enemies,  who  voluntarily  laid  down  their  arms,  and  sur- 
rendered themselves,  retained  their  rights  of  freedom,  and  were  call- 
ed DEDITITII,  lAy.  vii.  31.  Cos.  I  27.  But  those  taken  in  the 
field,  or  in  the  storming  of  cities,  were  sold  by  auction  (sul^  corona^ 
as  it  was  termed,  Ltv.  v.  22.  &c.  because  they  wore  a  crown  when 
sold  ;  or  sub  hastay  because  a  spear  was  set.  up  where  the  crier  or 
auctioneer  stood.)  They  were  called  SERVI,  {quod  essent  bello  str- 
vati^)  Isidor.  ix.  4.  or  MANCIPIA,  {quasi  manu  capti^)  Van*.  L.  L. 
V.  8. 

2.  There  was  a  continual  market  for  slaves  at  Rome.  Those  who 
dealt  in  that  trade  (MANGONES  vel  VENALITII,  Cic.  Orat.  70. 

?fu»  venales  habebant,  Plaut.  Trin.  "ii.  2.  51.)  brought  them  thither 
rom  various  countries.  The  seller  was  bound  to  promise  for  the 
soundness  of  his  slaves,  and  not  to  concea]  their  faults,  HoraL  Sal. 
ii.  3.  285.  Hence  they  were  commonly  exposed  to  sale  (produce" 
banlur)  naked ;  and  they  carried  a  scroll  {iitulus  vel  xnscriptio)  hang- 
ing 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  &l  17.  or  in  some  cases  to  take 
back  the  slave,  Ibid.  23.    Those  whom  the  seller  would  not  warrant, 

&c. :  from  the  Latin,  as  Pompey,  Clandias,  Lucius^  &c.  See  Camdtn*$  Remmmt. 
In  monasteries  the  Rttigious  assume  new  names  at  their  admittauce.  The  Pop^ 
also  changed  their  names  at  their  exaltation  to  the  Pontificate.  Towards  the  middle 
of  the  15lh  century,  it  was  the  fancy  of  the  learned  men  of  the  age,  particularly  ia 
Italy,  to  change  their  baptismal  names  for  classical  ones.  For  the  origin  and  time 
<lf  mtroduction  of  sarnamesj  &c.  see  Encgctopadia  BrU4tnica, 


SLAVES.  89 

(prtBstare,)  were  sold  with  a  kind  of  cap  on  their  head,  (piluUi^ 
GelJ.  vii.  4) 

Those  brought  from  beyond  seas  had  their  feet  whitened  with 
chalk,  {cretatis  v.  gypnaiis  ptdihus^  Plin.  Nat  Hist.  xxxv.  17  6l  18. 
s.  58.  TibulL  ii.  3.  64.)  and  their  ears  bored,  (auribus  perforatis,) 
Juvenal,  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.  Plaut.  Most.  iii.  2.  1 13.  Fetius.  Fo- 
reign slaves,  when  first  brought  to  the  city,  were  called  Y £NALES» 
or  Servi  Novicii,  Cic, pro  QuincL  6.  Plin.  Ep.  i.  2i.  Qutnch/uin, 
i.  12.  2.  viii.  2.  8.  Slaves  who  had  served  lon£,  and  hence  were 
become  artful,  veUratores^  Terent.  Heaut.  v.  1.  16. 

It  was  not  lawful  for  free  born  citizeqs  among  the  Romans,  as 
^  among  other  nations,  to  sell  themselves  for  slaves.  Much  less  was 
it  allowed  any  other  person  to  sell  free  men.  But  as  this  gave  oc- 
casion 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  slavery.  Fathers  might,  indeed,  sell  their 
children  for  slaves,  but  these  did  not  on  that  account  entirely  lose 
the  rights  of  citizens.  For  when  freed  from  their  slavery ,.they  were 
held  as  Ingenuij  not  Libertini.  The  same  was  the  case  with  insol- 
vent debtors,  who  were  given  up  as  slaves  to  their  creditors,  (truer- 
vitutem  creditoribus  addictif)  Quinctilian.  vi.  3.  26.  v.  10.  60. 

3.  Criminals  were  often  reduced  to  slavery  by  way  of  punishment. 
Thus  those  who  had  neglected  to  get  themselves  enrolled  in  the  cen« 
sor's  books,  or  refused  to  enlist,  {oui  censum  aiU  militiam  subttrfugt* 
rant^)  had  their  goods  confiscatea,  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  punish- 
ment, were  first  deprived  of  liberty,  and  by  a  fiction  of  law,  termed 
slaves  of  punishment  {servi  panafingebaniur.) 

4.  The  children  of  any  female  slave  became  the  slaves  of  her  mas- 
ter. There  was  no  regular  marriage  amdbg  slaves,  but  their  con- 
nection was  called  CONTUBERNIUM,  and  themselves^  Coniuber^ 
nalts.  Those  slaves  who  were  bom  in  the  house  of  their  masters, 
were  called  VERNiE,  or  Veniaculi ;  hence  lingua  vemacula^  y^ris 
one's  mother  tongue.  These  slaves  were  more  petulant  than  others^ 
because  they  were  commonly  more  indulged,  Jiorat.  Sat,  ii.  6.  66. 

The  whole  company  of  slaves  in  one  house  was  called  FAMILIA, 
J^ep.  Att.  13.  Cic>  Paradox,  v.%  (Famllia  constat  ex  servis pluribuSf 
Cic  Caecin.  19.  Quindedm  liberi  ho$nines,  populus  est  ;  totiaem  servi^ 
familia :  totidem  vincti,  ergastuhim^  Apulei.  Apol.)  and  the  slaves, 
Familiares^  Cic.  pro  C^ol.  23.  Plant.  Amphit.  Prol.  127.  Hence/a- 
milicR  philosophorum.  sects,  Cic^n.  iv.  18.  Divin.  ii.  1.  Att.  ii.  16. 
Sententia^  qua  familiam  ducit,  Honestum  quod  sit,  id  esse  solum 
BONUK,  the  chief  maxim  of  the  Stoics,  Id.  Jin.  ii.  16.  Lucius  fami* 
liam  ducitf  is  the  chief  of  the  sect.  Id.  Phil.  v.  11.  Accede  etiam^quod 
familiam  ducit,  &c.  is  the  chief  ground  of  praise,  Fam.  vii.  5. 


40  ROMAN  ANTIQUITIES. 

The  proprietor  of  slaves  was  called  Dominus,  Terent  Eun*  in.  3. 
23.  whence  this  word  was  put  for  a  tyrant,  Liv.  ii.  60.  On  this  ac- 
count Augustus  refused  the  name,  SueL  Aug,  53.  So  Tiberius,  Id. 
27.  TacH.  Anml  ii.  27. 

Slaves  not  only  did  all  domestic  services,  but  were  likewise  em- 
ployed in  various  trades  and  manufactures.  Such  as  had  a  genius 
for  it,  were  sometitnes  instructed  in  literature  and  the  liberal  arts. 
tariihis  ingenuis^  liberalibus^  v.  hohesUs,  Cic.)  Horat.  £p.  ii.  2.  7. 
Some  of  these  were  sold  at  a  great  price,  Plin.  vii.  39.  s.  40.  Sentc. 
Ep.  27.  Suei.  Jul.  47.  Cic.  Rose.  Com.  10.  Hence  arose  a  princi- 
pal part  of  the  immense  wealth  of  Crassus,  Pluiarch.  in  vita  ejus.   , 

Slaves  employed  to  accompany  boys  to  and  from  school,  were 
called  Padaoogi  ;  and  the  part  of  the  house  where  those  young 
slaves  staid,  who  were  instructed  in  literature,  {liiera  serriles^  Se- 
nee.  Ep.  86.)  was  called  Pjedaoooium,  Plin.  Ep.  vii.  27. 

Slaves  were  promoted  according  to  their  behaviour:  as  from  be- 
ing a  drudge  or  mean  slave  in  town  {Mediastlnus^)  to  be  an  over- 
seer in  the  country,  {VilUcus,)  Ilorat.  Ep.  i.  14. 

The  country  farms  of  the  wealthy  Romans  in  later  times  were 
cultivated  chiefly  by  slaves,  Plin.  xviii.  3.  But  there  was  also  free 
men  who  wrought  for  hire,  as  anK>ng  us,  (MERCENARII,)  Ctc.  Off. 
i  13.  pro  Cacin.  59. 

Among  the  Romans,  masters  had  an  absolute  power  over  their 
slaves.  They  might  scourge  or  put  them  to  death  at  pleasure,  Ju- 
venal. Sat.  vi.  219.  This  right  was  exercised  with  so  great  cruelty, 
eq)ecially  in  the  corrupt  ages  of  the  republic,  that  laws  were  made 
at  different  times  to  restrain  it.  The  lash  was  the  common  punish- 
ment ;  but  for  certain  crimes  they  used  to  be  branded  in  the  fore- 
head, and  sometimes  were  forced  to  carry  a  piece  of  wood  roand 
Iheir  necks,  wherever  they  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.  Adelpk.  v.  2.  6.  or  VERBERO,  Id.  Phorm.  iv. 
4.  3.  A  slave  who  had  oeen  branded,  was  called  STIGMATIAS, 
V.  -icusy  i.  e.  noiis  compuncius,  Cic.  Off.  ii.  7.  Inscriptus^  Mart.  viii. 
75.  9.  Ldteratus^  Plant.  Cas.  ii.  6.  49.  (i.  e.  Uteris  inscriptus :  as, 
fima  literata,  Plaut.  Rud.  ii.  5.  21.  ensiciUus  literatus^  &c.  Id.  iv.  4. 
112.)  Slaves  also  by  way  of  punishment  were  often  shut  up  in  a 
work-house,  or  bridewell,  (in  ergastulo  v.  PISTRINO,)  where  they 
were  obliged  to  turn  a  mill  for  grinding  corn,  Plaut.  et  Ter»  passim, 
et  Senec.  de  Bene/,  iv.  37. 

Persons  employed  to  apprehend  and  bring  back  (retrahere^  Ter. 
Heaut,  iv.  2.  65.)  slaves  who  fled  from  their  masters,  (Fooitivi, 
Cic.  Fam.\.  9.)  were  called  Fugitiv?arii,  Flor.  iii.  19. 

When  slaves  were  beaten,  they  used  to  be  suspended  with  a  weight 
tied  to  their  feet,  that  they  might  not  move  them,  Plaut.  Asin.  ii.  2, 
34  &c.  Aul.  iv.  4.  16.  Ter.  Phorm.  i.  4.  43.  To  deter  slaves  from 
offending,  a  thong  {kabend)  or  a  lash  made  of  leather,  was  commonly 


SLAVES.  41 

r 

hung  on  the  staircase,  {in  scalis,)  Ilorat.  Ep.  ii.  2.  15.  but  this  was 
chiefly  applied  to  younger  slaves,  Scholias.  Ibid,  Itnpubtres  habtnA 
vel  ferula  pUctebantur^  Ulpian.  D.  i.  33.  de  8C.  Siian.  Soaie  hero 
join  in  scalis  with  ialuit^  as  Ctc.  in  Mil,  15.     PhiL  ii.  9. 

Slaves  when  punished  capitally  were  commonly  crucified,  Jmenal. 
▼k  219.  Cic.  in  Vtrr,  v.  3. 64.  &c.  but  this  punishment  was  prohibit- 
ed under  Constantino. 

If  a  master  of  a  family  was  slain  at  his  own  house,  and  the  mor* 
derer  not  disco%'ered,  all  his  domestic  slaves  were  liable  to  be  put  to 
death.  Hence  we  find  no  less  than  400  in  one  family  punished  oft 
this  account.  Tacit,  ^nn.  xiv.  43. 

Slaves  were  not  esteemed  as  persons,  but  as  things,  and  might  be 
transferred  from  one  owner  to  another,  like  any  other  effects. 

Slaves  could  not  appear  as  witnesses  in  a  court  of  justice,  7Vr« 
Phorm,  ii.  1.  62.  nor  make  a  will,  Plin,  Ep,  viii.  16.  nor  inherit  anjr 
thing.  Id,  iv.  11  ;  but  gentle  masters  allowed  them  to  make  a  kind  of 
will,  {quasi  ttstamenta  factrt^  Plin.  Ep.  viii.  16 ;  nor  could  slaves 
serve  as  soldiers,  Id,  x.  39.  unless  first  made  free,  Stro,  in  Virg,  Mn* 
ix.  547.  except  in  the  time  of  Hannibal,  when,  after  the  battle  of 
CannsB,  8000  slaves  were  armed  without  being  freed,  lAv,  xxii.  ST. 
These  were  called  YOLONES,  because  they  enlisted  voluntarily, 
Featus  ;  and  afterwards  obtained  tiieir  freedom  for  their  bravery, 
Iav,  xxiv.  16. 

Slaves  had  a  certain  allowance  granted  them  for  their  sustenaQceit 
(DIMENSUM,)  commonly  four  or  five  pecks  {modii)  of  grain  a 
month,  and  five  denarii^  which  was  called  their  MBN9TkUUM» 
Donat.  in  Ttr,  Pkorm,  i.  1.9.  Senec,  Ep,  80.  They  likewise  had  a 
daily  allowance,  (DIARIUM,  Horat.  Ep.  i.  14.  20.)  And  what  tber 
spared  of  this,  or  procured  by  any  other  means  with  their  masterVi 
consent,  was  called  their  PECULIUM.  This  money,  with  their 
master's  permission,  they  laid  out  at  interest,  or  purchased  with  it  a 
slave  for  themselves,  from  whose  labours  they  might  make  profit* 
Such  a  slave  was  called  Servi  VICARIUS,  Horat.  Sat,  ii.  7. 79.  Cic. 
Verr.  u  36,  Plaut,  jisin.  ii.  4.  27.  Martial,  ii.  18.  7.  and  constituted 
part  of  the  peculium,  with  which  also  slaves  sometimes  purchased 
their  freedom.  Cicero  says  that  sober  and  industrious  slaves,  at 
least  such  as  became  slaves  from  being  captives  in  war,  seldom  re- 
mained in  servitude  above  six  years,  Phil.  viii.  11.  At  certain  times 
slaves  were  obliged  to  make  presents  to  their  masters  out  of  their 
poor  savings,  {ex  eo  quod  de  dimenso  suo  unciatim  comparserintf)  T^ 
rent.  ibid.  There  was  sometimes  an  agreement  between  the  master 
and  the  slave,  that  when  the  slave  should  pay  a  certain  sum,  the  mas* 
ter  should  be  obliged  to  give  him  his  liberty,  Plaut.  Aul,  v.  3.  Casm. 
ii.  5.  6.  &c.  Rud.  iv.  2.  23.  Tacit,  xiv.  42. 

Although  the  state  of  slaves  in  point  of  right  was  the  same,  yet 
their  condition  in  families  was  very  difierent,  according  to  the  plea- 
sure of  their  masters,  and  their  different  employments.  Some  were 
treated  with  indulgence  ;  some  served  in  chains,  as  janitors  and 
door-keepers,  {ostiarii:)    and  so  in  the  country,  calenati  cultores^ 

6 


42  ROMAN  ANTIQUITIES. 

Flor.  iii.  19.  Vincti  fosnores^  Lucan.  vii.  403.  others  were  confined 
in  workhouses  below  ground)  (in  ergasiulis  subterraneis.)  So  Pliny, 
Vincii  pedes,  damnaia,  manus,  inscriptique  vullus,  arva  exercent, 

XVJll.  o. 

At  certain  times  slaves  were  allowed  the  greatest  freedom :  as  at 
the  ieast  of  Saturn  in  the  month  of  December,  Horat.  Sal.  ii.  7.  4. 
when  they  were  served  at  table  by  their  masters,  Austin,  de  Fer. 
Rom.  ii.  15.  and  on  the  Ides  of  August,  Fesius. 

The  number  of  slaves  in  Rome  and  through  Italy  was  immense, 
Juvenal,  iii.  140.  Some  rich  individuals  are  said  to  have  had  several 
thousands,  Seneca,  de  Tranq.  An.  viii.  Wars  were  sometimes  excit- 
ed by  an  insurrection  of  the  slaves,  Fior.  iii.  19  &  20. 

There  were  also  public  slaves,  who  were  used  for  various  public 
services,  Liv.  L  7.  and  especially  to  attend  on  the  magistrates. 
Their  condition  was  much  more  tolerable  than  that  of  private  slaves. 
They  had  yearly  allowances  (annua)  granted  them  by  the  public, 
Plin.  Epist.  X.  30.  40. 

There  were  also  persons  attached  to  the  soil,  (adscriptitii,  vel 
gleha  adscripti :)  concerning  the  state  of  whom,  writers  are  not 
agreed. 

Slaves  anciently  bore  the  prsenomen  of  their  master  ;  thus,  Mar^ 
cipores,  Lucipores,  Publipores,  (quasi  Marciy  Lucii,  Publiipueri,  &C. 
Quinctilian,  i.  4,  26.)  Afterwards  they  got  various  names,  either 
from  their  country,  or  from  other  circumstances ;  as,  Synts,  Davus, 
Geta,  Parmeno,6LC.  in  comic  writers;  Tiro,  Laurea,  Dionysius,  &c. 
in  Cicero.  But  slaves  are  usually  distinguished  in  the  classic^  by 
their  different  employments ;  as  Medici,  Ckirurgi,  Padagogi,  Gram- 
matici,  Scriba,  Fabri,  Coqui,  &c. 

Slaves  were  anciently  freed  in  three  ways,  Censu,  Vindicta,  et 
Testamenio,  Cic.  Topic.  2.  seu  10. 

1.  Per  CENSUM,  when  a  slave,  with  his  master's  knowledge  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  slave  in  his 
hand  to  the  Prcetor  or  Consul,  and  in  the  provinces  to  the  Procon- 
sul or  Propraetor,  said,  "  I  desire  that  this  man  be  free  according  to 
the  custom  of  the  Romans ;''  Hunc  hominem  libbrum  esse  volo 
MORE  vel  Jure  Quiritium  ;  and  the  Praetor,  if  he  approved,  putting 
a  rod  on  the  head  of  the  slave,  Horat.  Sat.  ii.  7.  76.  pronounced, 
"  I  say  that  this  man  is  free  after  the  manner  of  the  Romans." 
Whereupon  the  lictor,  or  the  master,  turning  him  round  in  a  drcle, 
(which  was  called  VERTIGO,  Pers.  Sat.  v.  75.)  and  giving  him  a 
blow  on  the  cheek,  {aldpa,  Isidor,  ix.  4.  whence,  multo  majoris  ala- 
p®  mecum  veneunt.  Liberty  is  sold,  &c.  Phcsdr.  ii.  5.  22.J  let  him 
go,  (e  manu  emittebat,)  signifying  that  leave  was  granted  him  to  go 
where  he  pleased.  The  rod  with  which  the  slave  was  struck,  was 
called  VINDICTA,  as  some^ think,  from  Vtndicius  or  Findex,  a  slave 
of  the  Vitellii,  who  informed  the  senate  concerning  the  conspiracy 
of  the  sons  of  Brutus  and  others,  to  restore  the  Tarquins,  and  who. 


SLAVES.  43 

fai  said  to  have  been  first  freed  in  this  manner,  Liv,  ii.  5.  Whence  also 
perhaps  Vindicart  in  lihtrtcUtm^  to  free.  Mulibr,  modo  quam  rtn- 
dicia  redemit,  a  woman  lately  freed,  Ovid.  Art.  Am.  iii.  615. 

a  Per  TESTAMENTUM .  when  a  master  gave  his  slaves  their 
liberty  by  his  will.  If  this  was  done  in  express  words,  {Verbis  di* 
reciis^)  as  for  example,  Davus  servus  heus  liber  esto  :  such  freed 
men  were  called  ORCINI  or  Charonita^  because  they  had  no  patron 
but  in  the  infernal  regions.  In  allusion  to  which,  those  unworthy 
persons,  who  got  admission  into  the  senate  after  the  death  of  Caesar, 
were  by  the  vulgar  called  8ENATORES  ORCINI,  Stut.  Aug.  35. 
But  if  the  Testator  signified  his  desire  by  way  of  request,  (verbis 
precaiivisy)  thus,  ROoo  hbrbdem  meum,  ut  Davum  manuhittat  ; 
the  heir  {hares  Jidueiarius)  retained  the  rights  of  patronage.* 

Liberty  procured  in  any  of  those  methods  was  called  Justa  Li- 
bertas. 

'  In  later  times  slaves  used  to  be  freed  in  various  other  ways ;  by 
letter,  {per  epistolam  ;)  among  friends,  {inter  amicos^)  when  before 
five  witnesses  a  master  ordered  his  slave  to  be  free  ;  or  by  table, 
(  per  mensam,)  if  a  master  bid  a  slave  eat  at  his  table ;  Plin.  Epist.  vii. 
16.  for  it  was  thought  disgraceful  to  cat  with  slaves  or  mean  persons, 
and  benches  {subsellia)  were  assigned  ihem,  not  couched.  Hence 
imi  subsellii  vir^  a  person  of  the  lowest  rank,  Plant.  Stick,  iii.  4.  33. 
There  were  many  other  methods  of  freeing  slaves,  but  these  did  not 
confer  complete  freedom.  They  only  discharged  them  from  servi- 
tude, but  did  not  entitle  them  to  the  privileges  of  citizens  ;  unless 
afterwards  the  vindicta  vfaa  superadded,  in  presence  of  a  magistrate, 
Win.  Ep.  vii.  16  &  32. 

Anciently  the  condition  of  all  freed  slaves  was  the  same  ;  they  ob- 
tained the  freedom  of  the  city  with  their  liberty,  Cic.  pro  Balbo^  9. 
according  to  the  institution  of  Servius  TuUius,  Dionys.  iv.  22.  &c  23. 
They  were,  however,  distributed  among  the  four  city  tribes,  as  being 
more  ignoble,  Liv.  Epit.  xx.  But  afterwards,  when  many  worth- 
less and  profligate  persons,  being  freed  by  their  masters,  thus 
invaded  the  rights  of  citizens,  various  laws  were  made  to  check  the 
license  of  manumitting  slaves.  No  master  was  allowed  to  free  by 
his  will  above  a  certain  proportion  of  the  number  he  had  ;  but  not 
above  100,  if  he  had  even  20,000,  which  number  some  individuals 
are  said  to  have  possessed,  Athen.  Deipnosoph.  vi.  20.  Hence  Se- 
neca speaks  ofvasta  spatia  terrarum  pervinctos  cohnda  ;  eifamilia 
bellicosis  nationibus  major  de  Bencf.  viii.  10.  and  Pliny,  of  legions  of 
slaves,  so  that  a  master  needed  a  person  to  tell  him  their  names,  {no- 
menclator,)  xxxiii.  1.  s.  6.  So  Petronius  Arbiter,  37  &  117.  Augus- 
tus  ordained  by  law,  called  Xlia  Sentia,  that  no  slave  who  had  ever 

•  Slavery,  at  a  very  early  period  after  the  Flood,  prevailed,  perhapi,  in  every 
region  of  the  globe.  In  Asia  it  is  practised  to  this  day.  The  savage  oationt  of  Af* 
rica  have  at  no  period  been  exempted  from  this  opprobrium  of  our  nature,  f  n  Ger- 
many, and  in  other  countries  of  Europe,  slaves  were  generally  attaslt«d  to  the  soil, 
as  in  Russia  and  Poland,  at  the  present  day.  They  were  generally  etpployed  in 
tending  cattle,  and  in  coodactiog  the  business  of  agriculture.  TacUm  tU  manbuM 
OtrmwufTum. 


44  ROMAN  ANTIQUITIES. 

for  the  Bike  of  a  crime  been  bound,  pablicly  whipt*  tortured,  or 
branded  in  the  face,  although  freed  by  his  roaster,  should  obtain  the 
freedom  of  the  city ;  but  siiould  always  remain  in  the  state  of  the 
Dedititii^  who  were  indeed  free,  but  could  not  aspire  to  the  advan- 
tages of  Roman  citizens,  Suet.  Aug,  40.  The  reason  of  this  law  may 
be  satbered  from  Dionys,  iv.  24. 

Afterwards  by  the  law  called  Junta  J^orbana,  because  it  was  passed 
in  the  consulship  of  L.  Junius  Norbanus,  A.  U.  771.  those  freed 
per  tpiaiolam^  inter  amicosy  or  by  the  other  less  solemn  methods,  did 
not  obtain  the  rights  of  Roman  citizens,  but  of  the  Latins,  who  were 
transplanted  into  colonies.  Hence  they  were- called  LATINI  JU« 
NIANI,  or  simply  LATINI,  Plin.  Ep.  x.  105. 

Slaves  when  made  free,  used  to  shave  their  heads  in  the  temple  of 
Feronia,  and  received  a  cap  or  hat,  as  a  badge  of  liberty,  Serv,  ad 
Virg.  JEn.  viii.  564.  Liv.  xlv.  44.  Hence,  Adpileum  Servian  vocart^ 
for  ad  libertatemy  Liv.  ibid.  They  also  were  presented  with  a  white 
robe  and  a  ring  by  their  master.  They  then  assumed  a  pranomen^ 
nnd  prefixed  the  name  of  their  patron  to  their  own.  Thus,  Marau 
Tulliui  TirOy  the  freedman  of  Cicero.  In  allusion  to  which,  Persius 
says,  Verterit  hunc  Dominus  ;  momento  turbinis  exit  MARCUS  Da^ 
mOf  Sat.  V.  77.  Hence  Tanquam  habeas  tria  nominal  for  tanquam  liber 
ns,  Juvenal,  v.  120.  So  foreigners,  when  admitted  to  the  freedom 
of  the  citjT,  assumed  the  name  of  that  person,  by  whose  favour  they 
obtained  it|  Ctc.  Fam,  xiii.  35.  36. 

Patrons  retained  various  rights  over  their  freedmen.  If  the  pa- 
tron was  reduced  to  poverty,  the  freedman  was  bound,  iq  the  same 
manner  as  a  son,  to  support  him,  according  to  his  abilities.  And  if 
a  patron  failed  to  support  his  freedman  when  poor,  he  was  deprived 
of  the  rights  of  patronage. 

If  a  freedman  died  intestate,  without  heirs,  the  patron  succeeded 
to  his  effects. 

Those  freedmen  who  proved  ungrateful  to  their  patrons,  were 
condemned  to  the  mines  (ad  lautumias  ^)  and  the  Emperor  Clau- 
dius, by  a  law,  reduced  them  to  their  former  slavery,  (in  servitulem 
revocavit,)  Suet.  Claud.  25.  Liberifimy  qui  probatus  Jfuerit  patrono 
delatores  swrnmisisse^  qui  de  statu  ejusfacerent  ei  qucBstionemy  servum 
patrom  essejussit,  L.  5.  Dig.  de  jure  Patron. 

RIGHTS  of  ROMAN  CITIZENS,  and  of  the  different  Inhabitants 

of  the  ROMAN  EMPIRE. 

While  Rome  was  but  small  and  thinly  inhabited,  whoever  fixed 
their  abode  in  the  city  or  Roman  territory,  obtained  the  ri^ts  of 
citizens. 

To  increase  the  number  of  citizens,  Romulus  opened  an  asylum 
or  sanctuary  for  fugitive  slaves,  insolvent  debtors,  and  malefactors, 
whither  gre^t  numbers  flocked  from  the  neighbouring  states,  Liv.  l 
&  because  no  one  could  be  taken  from  thence  to  punishment,  Id. 


RIGHTS  OP  ROMAN  CITIZENS.  45 

XXXV.  51.  Tjac.  Ann.  iii.  60.*  Even  ▼ahquished  enemies  were  trans- 
planted to  Rome,  and  became  citizens.  In  this  manner  the  freedom 
of  the  city  was  granted  by  Romulus  to  the  CnnintnstB^  Camerini^ 
AnttmruUti^  Crustumini^  and  at  last  also  to  the  Sabines.  The  ex- 
ample was  imitated  by  his  successors,  who  transplanted  the  Albans 
and  other  vanquished  tribes  to  Rome,  lAv,  i.  29.  33.  Likewise 
after  the  expulsion  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  rebuilt  with  more 
splendour,  new  citizens  were  assumed  from  the  Feientes^  Capenatef^ 
and  Fulisci,  Liv.  vi.  4. 

Besides  those  who  had  settled  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  MUNICl* 
PIA,  and  the  inhabitants  MUNICIPE8,  because  they  might  enjoy 
offices  at  Rome,  {muma  v.  mimtra  capere  poierant.)^  When  any  of 
these  fixed  their  abode  at  Rome,  they  became  Gives  Inoemui,  Cit, 
Brut.  75.  de  Ltgg.  ii.  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  Consulship  at 
Rome,  was  Dictator  in  his  own  native  city,  Lanuvium,  Ctc.  pro  MiL 
37.  The  fVee  town  in  which  one  was  born  was  called  pairia  oer* 
HAHA,  nalvTct  vel  loci.  Rome,  {qva  txceptut  tst^)  pairia  coMMCMiSf 
ctvitalis  Ye\  juris.    Cic.  de  Legg.  ii.  2. 

But  when  the  Roman  empire  was  more  widely  extended,  and  the 
dignity  of  a  Roman  citizen  of  course  began  to  be  more  valued,  the 
freedom  of  the  city  (jw  invitatis)  was  more  sparingly  conferred,  and 
in  different  degrees,  according  to  the  different  ments  of  the  allies 
towards  the  republic.  ^  To  some  the  right  of  voting  {jus  suffragii) 
was  given,  and  to  others  not.  The  people  of  Caere  were  me  first 
who  obtained  the  freedom  of  the  city  without  the  right  of  voting  ; 
for  having  received  the  sacred  things  of  the  Roman  people,  the  Ves- 
tal Yirffins  and  priests,  when  they  fled  from  the  Gauls,  A.  Oell.  xvi. 
13.  The  freedom  of  the  city  was  soon  afler  given  in  this  manner  to 
the  people  of  Capua,  Fundi,  Formi®,  Cumse,  and  Sinuessa,  Liv. 
vHi.  14.  to  the  inhabitants  of  Acerra,  ibid.  17.  and  of  Anagnia,  &c. 

The  inhabitants  of  Lanuvium,  Aricia,  Nomentum,  Pedum,  receiv- 
ed the  freedom  of  the  city,  with  the  right  of  voting,  Liv.  viii.  14. 
and  of  Privernum.  {PrivematesA  c.  21.  But  .several  cities  of  the 
Herntci  preferred  their  own  la^s,  Liv.  ix.  43.  In  process  of  time, 
this  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  Rubicon  on  the  upper  sea,  and  of  the  city  Luca 
on  the  lower  sea.  Afterwards  the  same  ruzht  was  granted  to  Cisal« 
pine  Gaul,  which  hence  began  to  be  called  Uallia  Togata.    Augustus 

*  "  Still  in  ancient  limefl  this  rabble  cannot  have  been  conceived  to  have  formed 
any  considerable  part  of  Ihe  population :  for  the  asvlam  was  a  tmall  inclosore  on  tbe 
Capitoliae  bill,  and  in  its  quality  of  aiylvm,  coold  ooly  afford  protection  witbin  Hi 
preeincts."    NUImhr. — £d. 

t  See  note  to  page  S8. 


46  ROMAN  ANTIQUITIES. 


was  very  sparing  in  conferring  the  freedom  of  the  city ;  but  the  sue 
ceeding  Emperors  were  more  liberal,  and  at  different  times  granted 
it  to  different  cities  and  nations.  At  last  Caracalla  granted  the  free- 
dom of  Roman  citizens  to  ail  the  inhabitants  of  the  Roman  world. 
Those  who  did  not  enjoy  the  rights  of  citizens  were  anciently  call- 
ed  HOSTES,  and  afterwards  PEREGRINI,  Ctc.  Off,  i.  12.  After 
Rome  had  extended  her  empire,  first  over  Latium,  Uien  over  Italy, 
and  lastly,  over  great  part  of  the  world,  the  rights  which  the  subjects 
of  that  empire  enjoyed,  came  to  be  divided  into  four  kinds  ;  which 
may  be  called  Jtif  Quxriixum^  Jus  Latiij  Jus  Italicum,  Jus  Provincia- 
rum  vel  Provinciale. 

-  JUS  QUIRITIUM  comprehended  all  the  rights  of  Roman  citi- 
zens,  which  were  different  at  different  times.  These  rights  were 
either  private  or  public  :  (he  former  were  properly  called  Jus  Qui- 
n/ttim,  and  the  latter  Jus  Civitatis^  Plin.  Ep.  x.  4.  6.  22.  Cic.  in 
RulL  ii.  19.  as  with  us  there  is  a  distinction  between  denization  and 
naturalization. 

1.  PRIVATE  RIGHTS  of  ROMAN  CITIZENS. 

The  private  rights  of  Roman  citizens  were,  1.  Jus  Liberlatis,  the 
right  of  liberty :  2.  Jus.  Gentililatis  et  Familia,  the  right  of  family  ; 
3.  Jus  Connubiiy  the  right  of  marriage ;  4.  Jus  Patrium,  the  right  of 
a  father :  5.  Jus  Dominii  fj^gitimi,  the  right  of  legal  property  ;  6. 
Jus  Testamenti  et  Hareditatis,  the  right  of  making  a  will,  and  of  suc- 
ceeding to  an  inheritance  ;  and  7.  Jus  Tutela,  the  right  of  tutelage 
or  wardship. 

I.  The  RIGHT  of  LIBERTY. 

This  comprehended  FREEDOM,  not  only  from  the  power  of 
masters,  {dominorumj)  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  Brutus,  that 
no  one  should  be  king  at  Rome  ;  and  that  whoever  should  form  a 
design  of  making  himself  king,  might  be  slain  with  impunity.  At  the 
same  time  the  people  were  bound  by  an  oath,  that  they  would  ne- 
ver suffer  a  king  to  be  created. 

Roman  citizens  were  secured  against  the  tyrannical  treatment  of 
magistrates,  first,  by  the  right  of  appealing  from  them  to  the  people, 
and  that  the  person  who  appealed  should  in  no  manner  be  punished 
till  the  people  determined  the  matter ;  but  chiefly,  by  the  assistance 
of  the  tribunes. 

None  but  the  whole  Roman  people  in  the  Comitia  CeniuruOaf 
could  pass  sentence  on  the  life  of  a  Roman  citizen.  No  magistrate 
was  allowed  to  punish  him  by  stripes,  or  capitally.  The  smgle  ex- 
pression, ''I  AM  A  Ro4iAN  Citizen,"  checked  their  severest  de- 
crees, Cic.  in  Verr.  v.  54  &  57.  &c.    Hence,  QUIRITARE  did- ' 


•  - 


RIGHTS  OF  ROMAN  CITIZENS.  47 

Itif ,  ^la  Qmrilium  Jidem  damans  implorat.  Varro  de  Lat.  Ling.  v. 
7'.  Cic  ad  Fam.  x.  32.  Liv.  xxix.  8.  Acts  xxii.  25. 

By  the  laws  of  the  twelve  tables  it  was  ordained,  that  insolvent 
debtors  should  be  given  up  {addictrentur)  to  their  creditors  to  be 
bound  in  fetters  and'cords,  {compcdibus  ct  nervisj)  whence  they  were 
called  NEXI,  OBiERATI,  et  ADDICTI.  And  although  they  did 
not  entirely  lose  the  rights  of  freemen,  yet  they  were  in  actual  slave- 

2,  and  often  treated  more  harshly  than  even  slaves  tbenuelves, 
V.  ii.  23. 

If  any  one  was  indebted  to  several  persons,  and  could  not  find  a 
cautioner  {vindex  vel  expromissor)  within  sixty  days,  his  body  (cor- 
pus)  literally,  according  to  some,  but  more  probably,  according  to 
others,  his  effects,  might  be  cut  into  pieces,  {secari^)  and  divided 
among  his  creditors,  Jl,  Gell,  xx.  1.  Thus  scctio  is  put  for  the  pur- 
chase of  the  whole  booty  of  any  place,  or  of  the  whole  effects  of  a 
proscribed  or  condemned  person,  Cic.  Phil.  ii.  26.  or  for  the  booty 
or  goods  themselves,  C^bs,  de  Bell.  Gall.  ii.  33.  Cic.  Inv.  i.  45.  and 
sectores  for  the  purchasers,  jSscon,  in  Cic.  Verr.  i.  23.  because  they 
made  profit  by  selling  them  in  parts ;  (a  seco.)  Hence  Sectores  col- 
lorum  el  bonorumj  i.  e.  qui  proscriptos  occidebant  et  bona  eorwrn  emt' 
bant,  Cic.  Rose.  Am.  29. 

To  check  the  cruelty  of  usurers,  a  law  was  made,  A.  U.  429, 
whereby  it  was  provided,  that  no  debtors  should  be  kept  in  irons  or 
bonds ;  that  the  goods  of  the  debtor,  not4iis  person,  should  be  given 
up  to  his  creditors,  Liv.  viii.  28. 

But  the  people,  not  satisfied  with  this,  as  it  did  not  free  them  from 
prison,  often  afterwards  demanded  an  entire  abolition  of  debts,  which 
they  used  to  call  NEW  TABI^ES.  But  this  was  never  granted  them. 
At  onetime,  indeed,  by  a  law  passed  by.  Valerius  Flaccus,  silver 
was  paid  with  brass,  as  it  is  expressed,  Sallust.  Cat.  33.  that  is,  the 
fourth  part  of  the  debt  only  was  paid.  Veil.  ii.  23.  an  as  for  a  ses- 
tertius,  and  a  sestertius  for  a  denarius  ;  or  25  for  100,  and  250  for 
1000.  Julius  Csesar,  after  bis  victory  in  the  civil  war,  enacted 
something  of  the  same  kind,  Cas.  Bell.  Civ.  iii.  1.  Suet.  Jul.  14. 

2.  The  RIGHT  of  FAMILY. 

*  Each  gens  and  each  family  had  certain  sacred  rites^  peculiar  to 
itself,  which  went  by  inheritance  in  the  same  manner  as  effects, 
Liv.  iv.  2.  When  heirs  by  the  father's  side  of  the  same  family  (ag- 
nati)  failed,  those  of  the  same  gens  {gentiles)  succeeded,  in  prefer- 
ence to  relations  by  the  mother's  side  {cognati)  of  the  same  family 
(Jamilia).  No  one  could  pass  from  a  Patrician  family  to  a  Plebeian, 
or  from  a  Plebeian  to  a  Patrician,  unless  by  that  form  of  adoption, 
which  could  only  be  made  at  the  Oomilia  Curiata.  Thus  Ciodius, 
the  enemy  of  Cicero,  was  adopted  by  a  Plebeian,  that  he  might  be 
created  a  tribune  of  the  commons,  Cic.  Dom.  15.  Alt.  u  18  &  19. 


4S  ROMAN  ANTIQUITIES. 


3.  The  RIGHT  of  MARRIAGE. 

No  Roman  citizen  was  permitted  to  many  a  slave,  a  barbarian, 
or  a  foreigner,  unless  by  the  permission  of  the  people ;  as,  Liv. 
xxxviii*  36.  CONNUBIUM  est  matrimonium  inter  cives  ;  inter  ser- 
vos auiem^  aut  inter  civium  et  peregrines  cohditionis  hominem^  aul  str- 
vilis,  non  est  Connubium,  sed  CONTUBERNIUM,  Boeth.  in  Cic. 
Top,  4.  By  the  laws  of  the  Decemviri^  intermarriages  between  the 
Patricians  and  Plebeians  were  prohibited.  But  this  restriction  was 
soon  abolished,  Liv.  iv.  6.  Afterwards,  however,  when  a  Patrician 
lady  married  a  Plebeian,  she  was  said  Patribus  enubere^  and  was  ex- 
leluded  from  the  sacred  rights  of  Patrician  ladies,  Liv.  x,  23.  When 
any  woman  married  out  of  her  clan,  it  was  called  Gentis  enuptio  ; 
which  likewise  seems  anciently  to  have  been  forbidden,  Liv,  xxxix. 
19.  The  different  kinds  of  marriage,  &c.  will  be  treated  of  after* 
wards. 

4.  The  RIGHT  of  a  FATHER. 

A  rATHER,  among  the  Romans,  had  the  power  of  life  and  death 
over  his  children.  He  could  not  only  expose  them  when  infants ; 
which  cruel  custom  prevailed  at  Rome  for  many  ages,  as  among 
other  nations,  Cic.  de  Lcgg.  iii.  8.  Ter.  Heaut.  iv.  1.  Suet.  Octav^  65. 
Calig.  5.  Tacit.  Hist.  iv.  5.  Senec.  de  Ben.  iii.  13.  &c.  and  a  new- 
born infant  was  not  held* legitimate,  unless  the  father,  or  in  his  ab- 
sence some  persons  for  him,  lifted  it  from  the  ground,  {terrd  levasset,) 
and  placed  it  on  his  bosom  :  hence  tollereflium,  to  educate ;  non  tol- 
Ure^  to  expqse.  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  bv  any  punishment  he  pleased,  if  they 
deserved  it.  Sail,  Cat.  39.  Liv.  ii.  41.  viii.  7.  Dionys.  viii.  79. 
Hence  a  father  is  called  a  domestic  judge,  or  magistrate,  by  Seneca ; 
and  a  censor  of  his  son,  by  Sueton.  Claud.  16.  Komulus,  however, 
at  first  permitted  this  right  only  in  certain  cases,  Dionys.  n.  15.  ix. 
22. 

A  son  could  acquire  no  property  but  with  his  father's  consent ; 
and  what  he  did  thus  acquire  was  called  his  PECULIUM,  as  that* 
rf  a  slave,  Liv.  ii.  41.  If  he  acquired  it  in  war,  it  was  called  PE- 
CULIUM CASTRENSE. 

The  condition  of  a  son  was  in  some  respects  harder  than  that  of 
a  slave.  A  slave  when  sold  once,  became  free ;  but  a  son  not,  un- 
less sold  three  times.  The  power  of  the  father  was  suspended, 
when  the  son  was  promoted  to  any  public  office,  but  notextiiiguish- 
ed,  Liv.  ib.  For  it  continued  not  only  during  the  life  of  the  children, 
but  likewise  extended  to  grandchildren,  and  great  grandchildren. 
None  of  them  became  their  own  masters,  {sui  jurist)  till  the  death 
of  their  father  and  grandfather.  A  daughter  by  marriage  passed 
from  the  power  of  her  father  under  that  of  her  husbaad. 


RIGHTS  OF  ROMAN  CITIZENS. 


EMANCIPATION  and  ADOPTION. 

When  a  father  wished  to  free  his  son  from  his  authority,  (EMAN« 
CIPARE,)  it  behoved  him  to  bring  him  faMsiore  the  Praetor,  or  some 
magistrate,  (apttd  quern  legis  actio  erat^  and  there  sell  him  throe 
times,  F£R  AS  bt  libram,  as  it  was  termed,  to  some  frieiiid,  who 
was  called  Pater  Fiduciarius,  because  he  Was  bound  after  the 
tliird  sale  to  sell  him  back  (r^mandpart)  to  the  natural 'father.  There 
were  besides  present,  a  LiaaiPfiMs.  who  held  a  brazen  balance ;  five 
witnesses,  Roman  citizens  |)ast  the  age  of  puberty  ;  and  an  anten* 
latus^  who  is  supposed  to  be  so  named,  because  he  summoned  the 
witnesses  by  touching  the  tip  of  their  ears,  Hor,  Sat.  u  9.  76.  In 
the  presence  of  these,  the  natural  father  gave  over  (mancipabatt 
i.  e.  menu  tradebat)  his  son  to  the  purchaser,  adding  these  words, 
Mancupo  TiBi  Hu«c  FiLiuM,  QUI  M£us  cst  Tlicn  the  purchaser, 
holding  a  brazen  coin,  {serUrtius^)  said,  Uvsc  soe  HojitefBJf   zx 

JVKB  QuiRlTlUM  MBUM    ESSE    AlO,  I8QUE    «1H|  BMPTUS  EST  HOG  iERB, 

jENEAQOE  libra:  and  having  struck  the  balance  with  the  colli, 
gave  it  to  the  natural  father  by  way  of  price.  Then  he  manumit* 
ted  the  son  in  the  usual  form.  But  as  by  the  principles  of  the  Ro- 
man law,  a  son,  after  being  manumitted  once  and  again,  fell  back 
into  the  power  of  his  father ;  the  imaginary  sale  was  thrice  to  be 
repeated,  either  on  the  same  day,  and  before  the  same  witnesses 
or  on  different  days,  and  before  different  witnesses ;  and  then  the 
purchaser,  instead  of  manumitting  him,  which  would  have  conferred 
a  jus  paironaius  on  himself,  sold  him  back  to  the  natural  father, 
who  immediately  manumitted  him  by  the  same  formelities  as  a 
slave,  {Librd  et  art  liberatum  emittebat,  Liv.  vi.  14.)  Thus  the  son 
became  his  own  master,  {sui  juris  f actus  est,)  Liv.  vii.  16. 

The  custom  of  selling  per  as  vel  assan  et  /t6 ram,  took  its  rise  from 
this ;  that  the  ancient  Romans,  when  they  had  no  coined  money, 
Liv.  iv.  60.  and  afterwards,  when  they  used  asses  of  a  pound  weighs 
weighed  their  money,  and  did  not  count  it. 

In  emancipating  a  daughter,  or  grandchildren,  the  same  formalities 
were  used,  but  only  once,  {unica  mancipatio  snMciebal ;)  they  were 
not  thrice  repeated,  as  in  emancipating  a  son. .  But  these  formalities^ 
like  others  of  the  same  kind,  in  pmcess  of  time  came  to  be  thought 
troublesome.  Athanasius,  therefore,  and  Justinian,  invented  new 
modes  of  emancipation.  Athanasius  appointed,  that  it  should  be 
sufficient  if  a  father  showed  to  a  judge  the  rescript  of  the  Emperor 
for  emancipating  his  son  ;  and  Justinian,  that  a  father  should  go  to 
any  magistrate  competent,  and  before  him,  with  the  consent  of  his 
soft,  signify  that  he  freed  his  son  from  his  power,  by  saying,  HdKC 
SUI  Juris  busb  patior,  HZAquE  manu  hitto. 

When  a  man  had  no  children  of  his  own,  lest  his  sacred  rites  and 
name  should  be  lost,  he  might  assume  strangers  (^extraneos)  as  his 
children  by  adoption. 

If  the  person  adopted  was  his  own  master,  (nnjuri^,)  it  was  call<p 

7 


\ 


so  ROMAN  ANTIQUITIES. 

ed  ARR06ATI0,  because  it  was  made  at  the  Cwnitia  Curiata^  by 
proposing  a  bill  to  the  people,  (per  populi  rogatianem^)  GelL  ▼.  19. 

If  he  was  the  son  of  another,  it  was  properly  called.  ADOPTIO, 
and  was  performed  before  the  Praetor  or  President  of  a  province,  or 
any  other  magistrate,  {ajimd  quern  legis  actio  erat.)  The  same  for- 
malities were  used  as  m  emancipation.  It  might  be  done  in  any 
plac0>  Suet.  Aug,  64.  The  adopted  passed  into  the  family,  and 
name,  and  assumed  the  sacred  rites  of  the  adopter,  and  also  suc- 
ceeded to  his  fortune.  Cicero  makes  do  distinction  between  these 
two  forms  of  adoptbn,  but  calls  both  by  the  general  name  of  Adopiio. 

The  RIGHT  of  PROPERTY. 

Things,  with  respect  to  property  among  the  Romans,  were  va- 
riously divided.  Some  things  were  said  to  be  of  DIVINE  RIGHT, 
others  of  HUMAN  RIGHT :  the  former  were  called  sacred,  (RES 
SACRiE  ;}  as,  altars,  temples,  or  any  thing  publicly  consecrated  to 
the  gods  by  the  authority  of  the  pontiffs :  or  religious,  (RELl- 
GIOSJS  ;)  as,  Sepulchres,  dec  :  or  inviolable  (SANCTiE,  i.  e.  ali- 
qua  sanctione  munit<B ;)  as,  the  walls  and  gates  of  a  city,  Macrob. 
Sat.  iii.  3. 

These  things  were  subject  to  the  law  of  the  pontiffs,  and  the  pro- 
perty of  them  could  not  be  transferred.  Temples  were  rendered 
sacred  by  inauguration  or  dedication,  that  is,  by  being  consecrated 
by  the  augurs,  (consecrata  inaugurataque.)  Whatever  was  legally 
consecrated,  was  ever  after  unapplicable  to  profane  uses,  Plin.  Ep. 
ix.  39.  X.  58.  59.  76.  Temples  were  supposed  to  belong  to  the 
gods,  and  could  not  be  the  property  of  a  private  person.  Things 
ceased  to  be  sacred  by  being  unhallowed,  {txauguratione,  Liv.  L  55. 

Any  place  became  religious  by  interring  a  dead  body  in  it,  1.  6. 
§  4»  li.  c/e  divis  reu 

Sepulchres  were  held  religious  because  they  were  dedicated  to  the 
infernal  gods,  (Diis  manibus  vel  inferis,)  Without  the  permission 
of  the  pontiffs,  no  sepulchre  could  be  built  or  repaired  ;  nor  could 
the  property  in  them  be  transferred,  but  only  the  right  of  burying  in 
them,  (jus  mortuwn  inferendi.)  The  walls  of  cities  were  also  dedi- 
cated bv  certain  solemn  ceremonies,  and  therefore  they  were  held 
inviolable,  (sancti,)  and  could  not  be  raised  or  repaired  without  the 
authority  of  the  pontiffs.  ^ 

Things  of  human  right  were  called  Profane,  (res  PROFANE  ;) 
'and  were  either  PUBLIC  and  COMMON ;  as,  the  air,  nmning  wa- 
ter, the  sea,  and  its  shores,  dec.  Virg.  Mn.  vii.  229.  Ctc.  Rose,  Am,  36. 
or  PRIVATE,  which  might  be  the  property  of  individuals. 

Some  make  ar  distinction  between  things  common  and  public,  but 
most  writers  do  not.  The  things,  of  which  a  whole  society  or  cor- 
poration had  the  property,  and  each  individual  the  use,  were  called 
RES  UNIVERSITATIS,  or  more  properly,  RES  PUBLICiE, 
(quasi  populicce,  a  populo,  the  property  of  the  people ;)  CLSf  theatres, 
bcUhs,  highways,  &c.    And  those  things  were  called  RES  COM- 


RIGHTS  OF  ROMAN  CITIZENS.  51 

MUNESy  which  either  could  be  the  property  of  no  one,  as  the  otr, 
lighif  &c.  Ovid,  MtL  i.  135.  yi.  349.  or  which  were  the  joint  pro- 
perty of  more  than  one ;  as,  a  common  wali^  a  common  fields  6lc 
CoMMunc,  a  subst  is  put  for  the  commonwealth,  Ctc.  Verr.  ii.  46* 
63  6c  69.  Horat,  Od>  u.  15.  13.  Hence,  in  commune  constderCf  pro* 
dtsstj  conferre^  metuere^  d&c.  for  t|ie  public  eood. 

Things  which  properly  belonged  to  nobody,  were  called  l^ES 
NULLIUS ;  as,  parts  of  the  world  not  yet  discovered^  animals  not 
claimed^  &c.  To  this  class  was  referred  hareditas  jacens^  or  an  es- 
tate in  the  interval  of  time  betwixt  the  demise  of  the  last  occupier 
and  the  entry  of  the  successor. 

Things  were  either  MOVEABLE  or  IMMOVEABLR  The 
moveable  things  of  a  farm  were  called  Ruta  Cjesa,  sc.  et ;  i.  e.  Eruta 
et  Cmsa  ;  as,  sand^  coals^  stones^  &c.  which  were  commonly  expect- 
ed, {rtceptay)  or  retained  by  the  seller,  Ctc.  Top.  26.  Orat,  iL  55. 

Things  were  also  divided  into  CORPOREAL,  i.  e.  which  might 
be  touched,  and  INCORPOREAL ;  as,  rights^  servitudes,  &c.  The 
former  Cicero  calls.  Res  qua  sunt :  the  latter,  Res  qua  intelliguntur. 
Topic.  5.  But  others,  perhaps  more  properly,  call  the  former,  RES, 
things  ;  and  the  latter,  JURA,  rights  ;  Quinctilian.  v.  10.  116. 

The  division  of  things  Horace  briefly  expresses  thus : 

Puii  hoc  9apientia  quoruUnA,  » 

Publica  privatu  secernere  taera  yrofaniM, 

de  Alt  Poet  996. 
So  Corn.  Nepoa.  tn  vUa  Themut,  6. 

Private  things  (res  PRIVATE)  among  the  Romans,  were  either 
RES  MANCIPI.  or  NECMANCIPI. 

RES  MANCIPI  were  those  things  which  might  be  sold  and  alien- 
ated, or  the  property  of  them  transferred  from  one  person  to  an- 
other, by  a  certain  rite  used  among  Roman  citizens  only ;  so  that  the 
purchaser  might  take  them  as  it  were  with  his  hand  (manti  caperet  ^) 
whence  he  was  called  MANCEPS,  and  the  things  res  MANCIPI, 
vel  Mancupi,  contracted  for  ManeipH.  And  it  behoved  the  seller  to 
be  answerable  for  them  to  the  purchaser,  to  secure  the  possession 
{periculum  judicii,  vel  auctoriiattm,  vel  eviclionem  prastare^  &c.) 
Cic,  pro  MurenOy  2.  , 

NEC  MANCIPI  res,  were  those  things  which  could  not  be  thus 
transferred :  whence  also  the  risk  of  the  thing  lay  on  the  purchaser, 
riant,  Pers.  iv.  3.  55,  &c.  Thus,  mancipium  and  tisus  are  distin- 
guished ;  Vitaque  mancipio  nulli  dalur,  in  property  or  perpetuity, 
omnibus  usu,  Lucret.  iii.  985.  So  mancipium  and  fructus,  Cic* 
Epist.  Fam.  vii.  29.  30. 

The  RES  MANCIPI  were, — 1.  Farms,  either  in  town  or  country 
within  Italy ;  {Prmdia  urbana  et  rustica  in  solo  lialico ;)  or  in  the 
provinces,  if  any  city  or  place  had  obtained  the  jus  lialieum.  Other 
farms  in  the  provinces  were  called  possessiones,  not  pradia  ;  and 
because  proprietors  gave  in  an  account  of  their  families  and  fortunes 
to  the  censors,  they  were  called  Pradia  censui  censendo^  Cic.  pro 


S8  ROMAN  ANTIQUITIES. 


Plaoc  33*-r4t.  Slaves. — 3.  Quadrupeds,  trained  to  work  with  back 
or  necky  idorzQ  vel  cervict  domiti  ;)  as,  horses^  oxen^  aseefy  mules  ; 
but  not  wild  beasta,  although  tained ;  as,  elephants^  camels. — i. 
Pearb  (margaritts^f)  Plin.  ix.  35.  s.  60. — 5.  The  rights  of  country 
farms,  called  servitudes,  (SERVITUTES,)  Ulpian. 

The  servitudes  of  farms  in  the  country,,  were, — 1.  The  right  of 
going  on  foot  through  the  farm  of  another,  (ITER ;) — ^2.  Of  diivinff 
a  beait  or  ^a^on  not  loaded,  (ACTUS ;) — 3.  Of  driving  loaded 
wagons,  (VIA ;)— 4.  Of  carrying  water,  (AQUEDUCTUS ;)  either 
b^  canals  or  leaden  pipes,  (per  canales  Y.Jisttdas  plumbecu,)  Vitruv. 
viii.  7.-^The  breadth  of  a  vta,  when  straight,  was  eight  feet ;  at  a 
turn,  (t>4  ar^ractum  v.  infiexuy)  sixteen  feet ;  the  breadth  of  an  actus, 
four  feet ;  jimt  the  breadth  of  an  iter  is  uncertain. 

To  these  servitudes  may  be  added,  the  drawing  of  water,  (aqwM 
haustus ;)  the  driving  of  cattle  to  water,  (pecoris  adaquam  ajymlsus ;) 
the  right  of  feeding ;  of  making  lime,  (calcis  coquendce,)  and  of  dig- 
ging sand. 

^urms  not  liable  to  any  servitude,  were  called  PRiEDIA  LIRE- 
HA,  Optimo  jure  v.  condiiione  optimA :  others,  {qua  serviebani,  servi^ 
tutem  debebantf  vel  servituti  erant  obnoxia,)  vfere  called  PRiEDIA 
SERVA,  Cic.  in  RuU.  iii.  3. 

Buildings  in  the  city  were  called  PRiEDIA  URBANA,  and  were 
reckoned  res  mancipi,  only  by  accession  (jure fundi;)  for  all  build- 
ings  and  lands  were  called  FUNDI ;  but  usually  buildings  in  the 
city  were  called  JEdes  ;  in  the  country,  FHIcb,  A  place  in  the  city 
without  buildings,  was  called  AREA  ;  in  the  country,  AGER.  A 
fieM  vrith  Buildings  was  properly  called  FUNDUS. 

The  servitudes  of  the  Pradia  urbana  were, — 1.  Servitus  ONE- 
RIS  FERENDI,  when  one  was  bound  to  support  the  house  of  ano- 
ther by  a  pillar  or  wall ;— 2.  Servitus  TIGNI  IMiMITTENDI,  when 
one  was  bound  to  allow  a  neighbour  to  drive  a  beam,  a  stone,  or  iron 
into  his  wall ;  for  tignum  among  lawyers  signified  all  kinds  of  ma- 
terials for  building. 

Anciently,  for  fear  of  fire,  it  was  ordered  that  there  should  be  an 
interstice  left  between  houses  of  at  least  two  feet  and  a  half» which 
was  called  AMBITUS,  {Ftstus,)  or  ANGIPORTUS,  velum,  and 
this  was  usually  a  thoroughfare,  but  sometimes  not,  7er«  Adelph.  iv. 
3.  39.  For  when  Rome  became  crowded  with  houses,  these  inter- 
stices were  only  left  between  some  houses.  Nero,  after  the  dread* 
ful  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  with  the  neigh- 
bouring houses,  were  called  INSULiE,  Festus,  Sometimes  d9fwuiM 
and  insuia  are  distinguished,  Sv^t.  Ner.  16  &  38.  where  domus  is 
supposed  to  signify  the  houses  of  the  great,  and  insula  those  of  th^ 
poorer  citizens.  But  anciently  this  was  not  the  case,  rather  the 
contrary;  as,  Insula  Clodii,  Luculli,  &c.  Cic.  Under  the  emperors, 
any  lodgings  (kospiiixi)  or  houses  to  be  let,  (JEdes  mercede  loeanda, 
▼el  domus  coiufaic/itwr,)  were  called  m<ii/«,  and  the  inhabitaals  of 


RIGHTS  OF  ROMAN  CITIZENS.  M 

tbem,  htfumnif  or  Insularii ;  which  last  iMine  is  ako  applied  to  Umm 
who  were  appointed  to  guard  the  genii  of  each  ituula.  The  pro* 
prietors  o(  the  inntUi  were  called  I>OMINI  wsvLAwaUt  SmL  Jul. 
41.  Tih.  48.  vel  prjediorum.  PUtu  Ep.  x.  44.  45.  and  their  agcints 
procuratores  insularum.  For  want  of  room  in  the  city,  houses  were 
comiBonly  raised  to  a  great  height  by  stories,  (caniignation^ut  v« 
tabuiatis^)  which  were  occupied  by  different  families^  and  at  a  great 
rent,  Juvenal,  iii.  166.  The  uppermost  stories  or  garrets  were 
called  canacula.  He  who  rented,  {mercede  candutebal)  an  in$ula^ 
or  any  part  of  it,  was  called  inquilinus.  Hence  Catiline  contenip* 
tuously  calls  Cicero,  Inquilinus  civis  urbis  Rama^  Sailust.  Cat  31. 

There  was  also,— a  Servitus  STILLICIDII  £T  FLUMINIS, 
whereby  one  was  obliged  to  let  the  water,  which  fell  from  bis  house, 
into  the  earden  or  area  of  his  neighbour ;  or  to  receive  the  water, 
which  feU  from  his  neighbour's  house,  into  his  area.-— 4»  ServUup 
CLOACiE,  the  right  of  conveying  a  private  common  sewer  through 
the  property  of  a  neighbour,  into  the  Cloaca  Maxima^  built  by  Tar- 
quin — 5.  Servitus  NON  ALTIUS  TOLLENDl,  whereby  one  was 
boumi  not  to  raise  his  house  above  a  certain  height ;  so  as  not  to  ob- 
struct the  prospects  and  lights  of  his  neighTOur.  The  height  of 
houses  was  limited  by  law,  under  Augustus  to  7(^  feet,  Strab.  v,  p, 
162.  Suet.  Aug.  89.  Tacit.  Ann.  xv.  43. — There  was  alA>  a  servi- 
tude, that  one  should  not  make  new  windows  in  his  wall ;  Lujciaa 

UTl  NUNC  SUNT,  ITA  8INT,  Cic.  dt  Otat,  L  39. 

These  servitudes  of  city  properties,  some  annex  to  res  mandpi^ 
and  some  to  res  nee  mandpL 

MODES  of  acquiring  PROPERTY. 

The  transferrine  of  the  property  of  the  res  mandpi^  (ABALIE- 
NATIO,  vel  transTatio  dominii,  v.  proprietatis^)  was  made  by  a  cer- 
taiq  act,  called  MANCIPATIO,  or  MANCIPIUM,  {Cic.  Of.  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 
calls  iraditio  alter  i  nexu^  Topic.  5.  s.  28.  thus  Dare  mandpio^  i.  e. 
ex  forma  vel  lege  mancipiit  to  convey  the  property  of  a  thing  in  that 
manner ;  accipere^  to  receive  it,  Plaut,  Cure.  iv.  2.  8.  7Hn.  ii.  4. 
)9.  Juratf — se  fore  tnancipii  tempus  in  ontne  tui^  devoted  to  you, 
Ovid.  Pont,  iv.  5.  39.  Sui  mancipii  esse,  to  be  one's  own  master, 
to  be  subject  to  the  dominion  of  no  one,  Cic.  ad  Brvt,  16.  So  num- 
cipare  agrum  alicuif  to  sell  an  estate  to  any  one,  Plin.  Ep.  vii.  18. 
emanciparefundos,  to  divest  one's  self  of  the  property,  and  convey 
it  to  another.  Id.  x.  3. 

Cicero  commonly  uses  mancipium  and  nexum  or  -tu^  as  of  tha 
same  import ;  pro  Muren.  2.  pro  Place.  32.  Cacin.  16.  but  some- 
times he  distinguishes  them  ;  as,  de  Harusp,  7.  where  tnandpium 
implies  complete  property,  and  nexus^oiAy  the  right  of  obligation, 
at  when  one  receives  any  thing  by  way  of  a  pledge.    Thus  a  ere- 


54  ROMAN  ANTIQUITIES. 

ditor  had  his  insolvent  debtor  jure  nexij  but  not  jure  mancipn^  as  he 
possessed  his  slave. 

There  were  various  other  modes  of  acquiring  legal  property ;  as 
1.  JURE  CESSIO,  or  CESSIO  IN  JURE,  Cic.  Top.  5.  when  a 
person  gave  up  his  effects  to  any  one  before  the  prsetor  or  president 
o(  a  province,  who  adjudged  them  to  the  person  who  claimed  them, 
{vindicanti  addicebat  ;)  which  chiefly  took  place  in  the  case  of  debt- 
ors, who,  when  they  were  insolvent,  gave  up  their  goods  {bona  ctdt^ 
bant)  to  their  creditors. 

2.  USUCAPTIO  vel  USUCAPIO,  Cic.  Ozcin.  26.  Legg.  i.  21. 
and  also  u^tb  auctorxlas^  when  one  obtained  the  property  of  a  thing, 
by  possessing  it  for  a  certain  time  without  interruption,  according  to 
the  law  of  the  twelve  tables ;  for  two  years,  if  it  was  a  farm  or  im- 
moveable, and  for  one  year  if  the  thing  was  moveable ;  Ut  usus 
AUCTORiTAS,  i;  c.  ju8  dominitj  qvod  usu  paraiur^  vundi  bienniuit, 

CJBTBRARUM    RKR17M    ANNUS    USUS    KSSET,    PUfi.   Ep.   V.    i.      But   thlB 

took  place  only  among  citizens.  For  Ad  vers  us  hosts  v,  i.  e,  pere^ 
grinumf  jbterna  auctoritas  rrat  ;  sc.  alicvjus  rei^  Cic  Off.  i.  13. 
i.  e.  res  semper  vindicari  poterat  a  peregrino^  et  nunquam  usu  capi. 
Hence  Cicero  says,  Nihil  mortahs  a  diis  usvcapere  possunU  If  there 
was  any  interruption  in  the  possession,  it  was  called  USURP ATIO, 
which,  in'  country  far*  is,  seems  to  have  been  made  by  breaking  off 
the  shoot  of  a  tree,  (surculo  defringtndo^)  Cic  de  Orat.  iii.  28. ..  But 
afterwards  a  longer  time  was  necessary  to  constitute  prescription, 
especially  in  the  provinces;  namely,  ten  years  among  those  who 
were  present,  and  twenty  years  amon^  those  who  were  absent. 
Sometimes  a  length  of  time  was  required  beyond  remembrance. 
This  new  method  of  acquiring  property  by  possession,  was  called 
LONGA  POSSESSIONE  C  APIO,  or  LONGiE  POSSESSIONI8 
PRiEROGATIVA.  vel  PRiESCRIPTlO. 

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

4.  AUCTIO,  whereby  things  were  exposed  to  public  sale,  {has* 
<<3e,  V.  voci  pnBconis  subjiciebantur,)  when  a  spear  being  set  up,  and  a 
public  crier  calling  out  the  price,  (prcscone  pretium  proclamante^)  the 
magistrate  who  was  present  adjudged  them  {addicebat)  to  the  high- 
est bidder,  Cic.  Phil.  ii.  26.  The  person  who  bade,  held  up  his  fin- 
ger,  {digitum  tollebat,)  Cic.  Verr.  i.  54.  digito  licitus  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  husta  is  put  for  a 
public  sale,  and  sub  hastd  venire^  to  be  publicly  sold. 

The  day,  sometimes  the  hour,  and  the  terms  of  the  auction,  used 
to  be  advertised,  either  by  a  common  crier,  {apracone  prcsdicari^  v. 
conclamairi^)  Plant.  Men.  v.  9.  94.  or  in  writing,  {tabum  proscribi,) 
Cic  Ep.  ad  Fratr.  ii.  6.  Proscribebatur^  sc.  (domus  seu  quis  emere^ 
seu  conducere  vellet^)  Plin.  Ep.  vii.  27.  {^des  venales  inscribit  /t- 
ttris^)  Plaut.  Trin.  i.  2.  131.  Hence  tabula  is  put  for  the  auction 
Itself,  ib. — (Tabvlvm proscriberey)  for  auctioriAm  constituere  ;  {proserin- 


RIGHTS  OF  ROMAN  CITIZENS:  55 

htrt  dcmmn  y^fundum^).  to  advertise  for  sale.  Cur.  And  those  whose 
goods  were  thus  advertised,  were  said  pendere^  Suet.  Claud.  9.  and 
also  the  goods  bona  tuspensa ;  because  the  advertisement  {libellus  v. 
tttbella)  was  affixed  to  a  pillar  {pila  v.  columna^)  in  some  public 
place,  Senec*  de  Benef.  iv.  12.  So  {tabulas  auctionarias  pro/trre  v. 
tabularth)  to  publish,  Cic.  Cat,  ii.  8.  PhiL  ii.  29.  {ad  tabulam  adet* 
My)  to  be  present  at  the  sale,  pro  QmncL  6.  Thus  also  {sub  tiiulwn 
nostras  misit  avar  lares^  L  e.  domum^)  forced  me  to  expose  my  house 
to  sale,  Ovid.  Rem€d.  Amor.  302. 

It  behoved  the  auction  to  be  made  in  public,  Cic.  lb,  it  contra 
RulL  i.  3,  and  there  were  courts  in  the  Forum  where  auctions  were 
made,  (ATRIA  AUCTIONARIA,)  to  which  Juvenal  is  thought  to 
allude,  SiU.  vii.  7.  A  money-broker  (argentarius)  was  also  present, 
who  marked  down  what  was  bidden,  and  to  whom  thd  purchaser 
either  paid  down  the  price,  or  gave  security  for  it,  Cic,  pro  Ccecin. 
&  QyinctiL  ix.  2.  The  sale  was  sometimes  deferred,  {auctio  profe* 
rebaturt)  Cic  ad  Atticum,  xiii.  12. 

The  seller  was  called  AUCTOR,  and  was  said  {vtndere  amctio* 
nsm^)  Cic.  pro  Quinct.  5.  in  the  same  manner  as  a  genera],  when  he 
sold  the  whole  plunder  of  a  city,  was  said  {vtndtrc  stciionem^)  Cies. 
de  Bell.  Gall.  ii.  33.  The  right  of  property  conveyed  to  the  pur- 
chaser was  called  AUCTORITAS  ;  and  if  that  right  was  not  com* 
plete,  be  was  said  (a  malo  auctore  emere,)  to  buy  from  a  person  who 
had  not  a  right  to  sell,  Cic,  in  Vtrr,  v.  22.  Plaut,  Cure.  iv.  2.  12. 

5*  ADJUDICATIO,  which  properly  took  place  only  in  three 
cases ;  {infamilia^  htrciscunda  vel  trcto  ciundo^)  i.  e.  {hcsrtditate  di» 
videnda^)  in  dividing  an  inheritance  among  co-heirs,  Cic.  Orat.  L  58. 
CcBcin.  3.  in  communi  dividendo^  in  dividing  a  joint  stock  among 
partners,  Cic,  Ep,  vii.  12.  infinibus  regundisj  in  settling  boundaries 
among  neighbours,  Cic,  Legg>  i.  21.  when  the  judge  determined 
any  thing  to  any  of  the  heirs,  partners,  or  neighbours,  of  which  they 
got  immediate  property  ;  but  arbiters  were  commonly  app<Hnted  in 
settling  bounds,  Cic,  Fop,  10.  Sometimes,  however,  things  were 
said  to  be  adjudged  (adjudicari)  to  a  persot),  which  he  obtained  by 
the  sentence  of  a  judge  from  any  cause  whatever. 

6.  DONATIO.  Donations  which  were  made  for  some  cause, 
were  called  MUNERA ;  as  from  a  client  or  freedman  to  his  patron, 
on  occasion  of  a  birth  or  marriage,  Ter.  Phorm,\,  1.  13.  Things 
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  presents  to  their  patrons, 
Plin,  Ep.  v.  14.  slaves  to  their  masters,  citizens  to  the  emperors  and 
magistrates, friends  and  relations  to  one  another,  andthat  on  various 
occasions ;  particularly  on  the  Kalends  of  January,  called  STRE- 
HM  ;  at  the  feasts  of  Saturn»^nd  at  public  entertainments,  APO- 
PHORETA ;  to  guests,  XEmA ;  on  birth-days,  at  marriages,  &c. 
Plin,  ({r  Martial,  passim. 


56  ROMAN  ANTIQUITIES. 

Things  acquired  by  any  of  the  aboTe-mentioiied  methods,  or  by 
inheritaace,  by  adoption,  iarrogatione,)  or  by  law,  as  m  legacy,  &c. 
were  said  to  be  IN  DOMINIO  QUIRITARIO,  i.  ejusto  et  UgUi- 
mo  ;  Ocher  things  were  said  to  be  IN  BONIS,  and  tlie  proprietors 
of  theiB  were  called  BONITARH,  whose  right  was  not  so  good  as 
that  of  the  DOMINI  QUIRITARII,  ^'  optimojurej9ositder0  dice- 
banhtr^  who  were  secure  against  lawsuits.  But  Justinian  abolished  9 
these  distinctions. 

When  a  person  had  the  use  and  enjoyment  of  a  thing,  but  not  the 
pow^  or  property  of  alienating,  it  was  called  USUSPRUCTUS, 
either  in  one  word;  thus,  Ustunfruchem  omnium  bonorum  suortam 
C€B9ennMB  Ugat^  vtfmerettar  und  eumjilio^  Cic.  Csecin.  4.  or  in  two ; 
as  Usus  enim  ejus  et  fructus  fundi  tesiamenio  viri  fuerat  C€BS€nni<Bf 
lb.  7.  and  the  person  FRUCTUARIUS,  or  USUFRUCTUARI- 
US. 

6.  The  RIGHT  0/  TESTAMENT  and  INHERITANCE. 

None  but  Roman  citizens  {sui  juris)  could  make  a  will,  or  be 
witnesses  to  a  testament,  or  inherit  any  thing  by  testament,  Cic.  pro 
'  Arch.  5.  Dom.  32. 

Anciently  testaments  used  to  be  made  at  the  Condiia  Curiata^ 
which  were  in  that  case  properly  called  Caiaia^  Grell.  xv.  37. 

The  testament  of  a  soldier  just  about  to  engage,  was  said  to  be 
made  IN  PROCINCTU,  when  in  the  camp,  while  he  was  girding 
himself,  or  preparing  for  battle,  in  presence  of  his  fellow-soldiers, 
without  writing,  he  named  his  heir,  {nuncupavii^)  Cic.  de  Naf.  D. 
ii.  3.  de  Orat.  i.  «53.  So  m  procinctu  carminafacta^  written  by  Ovid 
at  Tomo9,  where  he  was  in  continual  danger  of  an  attack  from- the 
GetsB,  Pont,  u  8.  10. 

But  the  usual  method  of  making  a  will,  after  the  laws  of  the  twelve 
tables  were  enacted,  was  PER  iES  ET  LIBRAJM ,  or  per  famUuB 
tmpiiontm^  as  it  was  called  ;  wherein  before  five  witnesses,  a  libri- 
pens  and  an  aniestatus^  the  testator,  by  an  imaginary  sale,  disposed 
of  his  family  and  fortunes  to  one  who  was  called  FAMILIiE  EMP* 
TOR,  who  was  not  the  heir,  as  some  have  thought.  Suet.  Xer.  4. 
but  only  admitted  for  the  sake  of  form,  (dicis  causd,)  that  it  might 
appear  that  the  testator  had  alienated  his  effects  -in  his  life-time. 
This  act  was  called  FAMILI^  MANCIPATIO ;  which  being 
finished  in  due  form,  the  testator,  holding ihe  testament  in  his  hand, 
said,  Hmc  uti  in  his  tabulis  cerisvb  s<:ripta  sunt,  ita  do  ita  le- 

00,    ITA   TBSTOR,    iTAqUE    VOS,    QuiRITBS,    TESTIMONIOM    PRJBBITOTB. 

Upon  which,  as  was  usual  in  like  cases,  he  gently  touched  the  tip 
of  the  ears  of  the  witnesses  ;  {auriculA  tactd  anttstabaturj  quod  in 
imA  aure  memoritB  locus  erat.  Plin.  xi.  45.)  this  act  was  called 
NUNCUPATIO  TESTAMENT!,  Plin.  Ep.  viii.  13.  Hence  nun. 
CHpart  haredem,  for  nominare^  scrihewty  or /accre.  Suet.  &L  Plin.  pas- 
sim. But  sometimes  this  word  signifies  to  name  one's  heir  vtvj 
voce^  without  writing ;  as  Horace  just  before  his  death  is  said  to 


RIGHTS  OF  ROHAN  CITIZENS.  S7 

have  named  Augustus.  The  above-mentioned  formalities  were  not 
always  observe^  especiaUy  in  later  times.  It  was  reckoned  suffi* 
cient  if  one  subscribed  his  will,  or  even  named  his  heinotva  voce,  be- 
fore  seven  witnesses.  Something  similar  to  this  seems  to  have  pre- 
vailed anciently,  Cte.  Fisrr.  i.  45.  whence  an  edict  about  that  mat- 
ter ia called  by  Cicero,  Vetus  et  TaANSLATmuif,  as  being  usual, 
•  *  A.  44. 

Sometimes  the  testator  wrote  his  will  wholly  with  his  own  hand, 
in  which  case  it  was  called  hologr&phum.  Sometimes  it  was  writp> 
ten  by  a  friend  or  by  others,  Plin.  Epist.  vi,  26.  Thus  the  testament 
of  Augustus  was  partly  written  by  himself,  and  partly  by  two  of  bis 
freedmen.  Suet.  Aug.  lOS.  Lawyers  were  usually  employed  in  wri- 
ting or  drawing  up  wills,  Ctc.  de  Orat.  ii.  6.  SueL  Ntr»  32.  But  it 
was  ordained  under  Claudius,  or  Nero,  that  the  writer  of  another^s 
testament  (called  by  lawyers  itsiamtniarius^  should  not  marii  down 
any  legacy  for  himself,  Svjtt.  Ntr.  17.  When  a  testament  was  writ- 
ten by  another,  the  testator  wrote  below  that  he  had  dictated  and 
read  it  over,  (sb  id  dictasse  et  ascooNOVissB.)  Testaments  were 
usually  written  on  tables  covered  with  wax,  because  in  them  a  per- 
aon  could  most  easily  erase  what  he  wished  to  alter,  Qyinctilian.  x. 
3.  31.  Hence  Cnajs  is  put  for  tahultB  ctraUB  or  tahula  teslamenii^ 
Juvenal,  i.  63.  Prima  cera,  for  prima  pars  tabula,  the  first  part  of 
the  will,  Horat.  Sat.  ii.  5. 53.  and  cera  extreha,  or  tma,  for  tne  hist 

?irt,  Cic.  Verr.  i.  36.  Sutt.  Juvenal.  83.  But  testaments  were  called 
ABULJB,  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,  {ngnis  eorum 
chaignabanturj)  Cic.  pro  Cluent.  13  &  14.  and  also  with  Uie  seals  of 
others,  Cic.  Att.  vii.  2.  Sutt.  Tib.  c.  ult.  Plin,  Ep.  ix.  1.  They  were 
likewise  tied  with  a  thread.  Hence  nee  mea  subjectA  convicta  est 
gemma  tabelld  mendacem  linis  imposuisse  notanit  Nor  is  my  ring,  i.  e. 
nor  am  I  convicted  of  having  affixed  a  false  mark,  or  seal,  to  the 
thread  on  a  foi^d  deed  or  will,  Ovid.  Pont.  ii.  9.  69.  It  was  or- 
dained that  the  thread  should  be  thrice  drawn  through  holes,  and 
sealed,  Suet.  Ner.  17.  i 

The  testator  might  unseal  {resignare)  his  will,  if  he  wished  to  altSr 
or  revise  it,  (jnutare  vel  recognoscere.)  Sometimes  he  cancelled  it 
altogether :  sometimes  he  only  erased  {inducebal  v.  deUbat)  one  or 
two  names. 

Testaments,  like  all  other  civil  deeds,  were  always  written  in  Latin. 
A  legacy  expressed  in  Greek  was  not  valid,  Ulpian.  Fragm.  xxv.  9. 

There  used  to  be  several  copies*  of  the  same  testament.  Thus 
Tiberius  ma<]e  two  copies  of  his  will,  the  one  written  by  himself, 
and  the  other  by  one  of  his  freedmen,  Sutt.  Tib.  c.  ult. 

Testaments  were  deposited,  either  privately  in  the  hands  of  a 
fiiend,  or  in  a  temple  with  the  keeper  of  it,  (apud  ^dittmm.)  Thus 
Julius  CfiBsar  is  said  to  have  intrusted  his  testament  to  the  eldes|#f 
the  Vestal  Virgins,  Suet.  Jul.  83. 

In  the  first  part  of  a  will,  the  heir  or  heirs  were  written  thus :  Ti- 

8 


56  ROMAN  ANTIQITrnES. 

TI08  mui  BJBRBS  B8TO9  sii  v«  trit ;  or  thus,  Trrtuv  Bmnmrnm  nss 
JoBBO,  yel  volo  ;  alsOy  haredemfMciOf  scribOf  kuHtuo.  If  there  were 
several  heirs,4heir  different  portions  were  marked.  ^  If  a  person  had 
no  children  of-  his  own,  he  assumed  others,  not  only  to  inherit  his 
fortune,  but  also  to  bear  his  name,  (nomen  suum  ferre^)  as  JuKus 
Caesar  did  Augustus,  (infamiliamtMinenque  adoptavii^  adscivU^  Suet. 
Assumpsit^  Plin.) 

If  tne  heir  or  heirs  who  were  first  appointed  {instittUi)  did  not 
choose  to  accept,  {hcBreditatem  adtVe,  v.  cemere  nolUnij)  or  died  un- 
der the  age  of  puberty,  others  were  substituted  in  their  room,  called 
HiEREDES  SEGUNDI ;  secundo  loco  v.  gradu  scrwti  v.  ntbsH- 
iutif  Cic.  pro  Cluent  11.    Horat  Sat.  ii.  5.  45.  Suet.  JuL  83. 

A  corporate  city  (respublica)  could  neither  inherit  an  estate  nor  re- 
ceive a  legacy,  Plin.  Ep.  v.  7.  but  this  was  afterwards  changed.- 

A  man  might  disinherit  (ex/uBredare)  his  own  children,  one  or  all 
of  them,  and  appoint  what  other  persons  he  pleased  to  be  his  heirs ; 
thus,  TiTius  Fipius  MEUS  BXHARBs  B8TO,  PUn.  Ep.  T.  1.  Hence 
JuvenaL  Sat  10.  Codice  scevo  hcsredes  vetat  esse  suos^  Sometimes 
the  cause  (EL06IUM,  i.  e.  causa  ex/uBredationis^)  was  added,  Cic. 

{ro  Cluent.  48.  Quinctilian.  vii.  4.  40.  decL  2.  A  testament  of  tUs 
ind  was  called  INOFFICIOSUM,  and  when  the  children  raised  an 
action  for  rescinding  it,  it  was  said  to  be  done  per  querelam  iNOrri- 
ciosi. 

Sometimes  a  man  left  his  fortune  in  trust  {Jidei  ccmmittebat)  to  a 
'  friend  on  certain  conditions,  particularly  that  he  should  give  it  up 
{ut  restitueret  v.  redderet)  to  some  person  or  persons.  Whatever 
was  left  in  this  manner,  whether  the  whole  estate,  or  any  one  thing, 
as,  a/arm,  &;c.  was  called  FIDEICOMMISSUM,  a  trust;  and  a  per- 
son to  whom  it  was  thus  left,  was  called  HiERES  FIDUCIARIUS, 
who  might  either  be  a  citizen  or  a  foreigner,  I.  8.  §  4.  D.  de  acceptU. 

A  testament  of  this  kind  was  expressed  in  the  form  of  a  request 
or  intreaty,  (verbis precativis  /)  thus,  Rooo,  peto,  vblo,  mando,  riOBi 
TV  A  coMMiTTO,  Ttr,  And,  ii.  5.  and  not  by  way  of  command,  (wr- 
his  imperativis ;)  as  all  testaments  were,  and  might  be  written  in 
any  language. 

In  the  last  part  of  the  will,  (in  tabulis  secundis^)  tutors  were  ap- 
pointed for  one's  children,  and  legacies  (legato)  left  to  legatees, 
(legatariis^  all  in  direct  and  commanding  words ;  thus,  Tutor  bs- 

TO,  Vel  TUTORES  SUNTO  :  TUTOREH,  V.  -ES  DO,  Cic.    Ep.   XUl   61. 

Plin.  Ep.  ii.  1.  And  to  their  protection  the  testator  recommended 
his  children,  Ovid.  Trist.  iii.  Eleg.  14. 

liCgacies  were  left  in  four  different  ways,  which  lawyers  have  dis- 
tinguished by  the  following  names,— 1.  Per  VINDICATIONEM ; 
thus.  Do,  LEGO ;  also,  Capito,  sumito,  v.  babbto,  to  which  Vii^l 
alludes,  ^n.  v.  533.  This  form  was  so  called  from  the  mode  of 
claiming  property,  Cic.  pro  Murtm.  12. — 2.  j:>«r  DAMNATIONEM : 
thus,  Hares,  beus  dahnas  esto  dare,  Ac.  Let  my  heir  be  bounds 
&CC.  QmncliL  vii.  9.  and  so  in  the  plural,  DAM^fAS.suNTO.  By  this 
form  the  testator  was  said,  damnajre  hcprtdemj  to  bind  -his  hfeir. 


RIGirrs  OF  ROMAN  CITIZENS.  j» 

Heaco  damnare  aliqtum  votU^  Vuigil»  ^n.  t.  80.  Cmta$  damnati 
9^  bouod  to  perform,  Iav.  v.  25.  But  it  was  otherwise  ex- 
pveMwd;  thu9»  HiSRBs  mbus  dato,  vacito;  Haskdem  mbvii 
PARK  J0B90.— 3.  SINENDI  modo:  thus,  Hbrbs  iibus  8inito» 

Vel    DAJIHAS    B8T0    SINEEE    Luc'lUM    TlTlUM     8UMBRK    ILLAM     RSM, 

V.  siBi  HABBRs.— 4.  PtT  fRiECEPTIONEM ;  thus,  L.  Tmos 

11.^11  RBM  PR«CiriTO,  B  MEDIO,  Vtl  B   MEDIA  HARBOITATE  8UMITO, 

siaiQUB  HABBTo,  vel  PrcKipiatf  6cc  when  any  thing  was  kit  to  any 
person,  which  he  was  to  get  before  the  inheritance  was  divided,  or 
when  any  thii^  particular  was  left  to  any  one  of  the  coheirs  beskles 
his  own  share,  to  which  Viif^il  alludes,  ^tl  iz.  271.  Hence  pr«- 
GiPERB,  to  receive  in  preference  to  others ;  and  prjeceptio,  a  cer- 
tain legacy  to  be  paid  out  of  the  first  part  of  the  fortune  of  the  de- 
ceased, Pliru  Ep^  V.  7.  as  certain  creditors  had  a  privilege  to  be  pre- 
ferred to  (^ers  (PROTOPRABi A,  i.  e.  privU^gium  quo  osiem  crtdUori' 
bus,  prfyHmanttir,)  Id.  x.  109.  110. 

When  additions  were  made  to  a  will,  they  were  called  CODI- 
CIIXI.  They  were  expressed  in  the  form  of  a  letter,  addressed  to 
the  heirs,  sometimes  also  to  trustees,  (adfidncmnmisearios*)  It  be- 
hoved them,  however,  to  be  confirmed  by  the  testament,  rkn.  Ep. 
ii.16. 

After  the  death  of  the  testator,  his  will  was  opened,  HoniL  £/• 
L  7.  in  presence  of  the  witnesses  who  had  sealed  it,  {coram  signaiO' 
ribus^)  or  a  majority  of  them,  Su^i.  Tib.  23.  And  if  they  were  ab- 
sent or  dead,  a  copy  of  the  will  was  taken  in  presence  of  other  re- 
spectable persons,  and  the  authentic  testament  was  laid  up  in  the 
public  archives,  that  if  the  copy  were  lost  another  mi^ht  be  taken 
froiO'  it,  {essei  wide  peti  posset.)  Horace  ridicules  a  miser,  who  or- 
dered bis  heirs  to  inscribe  on  his  tomb  the  sum  he  left.  Sat.  ii.  3. 84* 

It  was  esteemed  honourable  to  be  named  in  the  testament  of  a 
friend  or  relation,  and  considered  as  a  mark  of  disi^q>ect  to  be 
passed  over,  Cic.  pro  Domo^  19  &  32.  pro  Stxt.  52.  Phil.  H  16« 
Siut.  ^ug^  66. 

It  was  usually  required  by  the  testament,  that  the  hdr  should  en- 
ter upon  the  inheritance  within  a  certain  time,  in  60  or  100  days 
at  moat,  Cic.  ad  Ail.  xiiL  46.  de^Orat.  I  22.  Plin.  Ep.  x.  79.  This 
act  was  called  H  JSREDITATIS  CRETIO,  {kcsres  cum  consUtuit  se 
haredem  esse  dicitur  cernerb,  Varr.  JL  L.  vi.  5.)  and  was  perform- 
ed before  witnesses  in  these  words :  Cum  me  Mjevius  hjeredem 

INSTITUBRIT,    BAM    BAREDITATBM    CBRNO    AOBOQUE.      After  Saying 

which,  {dictis  crelionis  verbis^)  the  heir  was  said  Harbditatem  aois- 
SB.  But  when  this  formality  (Cretionis  solemnitas)  was  not  re- 
quired, one  became  heir  by  acting  as  such,  (  pro  hcsrede  be  oerbndo, 
vel  GESTioNB,)  although  he  might  also,  if  he  chose,  observe  the  so- 
lemn  form. 

If  the  father  or  grandfather  succeeded,  they  were  called  JuBredts 
ASCENDENTES ;  if,  as  was  natural,  the  children  or  grandchildren, 
DESCENDENTES  ;  if  brothers  or  sisters,  COLLATERALES. 

If  any  one  died  without  making  a  will,  (iniestaiusj).  hui  goods  de- 


60  ROMAN  ANTIQUITIES. 

Tolved  on  his  neftrest  relations ;  first  to  his  children ;  failing  them^  io 
his  nearest  relations  by  the  father's  side,  {ag^aiiif)  and,  faiung  them, 
to  those  of  the  same  gens  (gentililms.)  At  Nice,  the  commonity 
claimed  the  estate  of  every  citizen,  who  died  intestate,  Plin.  z*  88* 

The  inheritance  was  commonly  divided  into  twelve  parts,  called 
undo.  The  whole  was  called  AS.  Hence  hares  ex  asse^  heir  to 
one's  whole  fortune ;  hcBres  ex  «emtm,  ex  triente^  dodranttf  &c.  to 
the  half,  third,  tbree-fourths,  &c. 

TheUNCIA  wasalso  divided  into  parts;  the  half,  SEAfUNCIA, 
the  third,  DUELLA,  or  birus  aexttdcB,  the  fourth,  8ICILICUM  v. 
-itf,  tl||e  sixth,  SEXTULA,  Ctc.  pro  Caunn.  6. 

Tke  RIGHT  of  TUTELAGE  or  WARDSHIP. 

Ant  father  of  a  family  might  leave  whom  he  pleased  as  guardians 
{luiores)  to  his  children,  Liv.  i.  34.  But  if  he  died  intestate,  this 
chai^  devolved  by  law  on  the  nearest  relaticm  by  the  father's  side, 
llence  it  was  called  TUTELA  LEGITIMA.  This  law  is  ^nerally 
blamed,  as  in  later  times  it  gave  occasion  to  many  frauds  in  preju- 
dice of  wards,  {pupiUi^  Horat.  Sat.  ii.  5.    Juvenal.  Sat.  vi.  So. 

When  there  was  no  guardian  by  testament,  nor  a  legal  one,  then 
a  guardian  was  appointed  to  minors  and  to  women,  by  the  preetor, 
ai^  the  majoritv  of  the  tribunes  of  the  people  by  the  AiUian  law, 
made  A.  U.  443.    But  this  law  was  afterwards  changed. 

Among  the  ancient  Romans  women  could  not  transact  any  prim 
vate  busmess  of  importance,  without  the  concurrence  of  then*  pa- 
rents, husbands,  or  guardians,  Iav.  xxxiv.  2.  Ctc.  Flacc.  34  &  35. 
and  a  husband  at  his  death  might  appoint  a  guardian  to  his  wife,  as 
to  his  daughter,  or  leave  her  the  dioice  of  her  own  guardians,  lAv. 
xxxix.  19.  Women,  however,  seem  sometimes  to  have  acted  as 
guardians,  lAv.  xxxix.  9. 

If  any  guardian  did  not  dischaige  his  duty  properly,  or  defrauded 
his  pupil,  there  was  an  action  against  him,  (Judiciwrn  tulekt^)  Cic 
pro  Q.  Rose  6.  Orat.  i.  36.  Csecin.  3. 

Under  the  emperors,  guardians  were  obliged  to  give  security,  jaa» 
iisd&re^)  for  their  proper  conduct,  (rem  pupilli  fore  sal v ah,)  2)t- 
gesi.  A  signal  instance  of  punishment  inflicted  on  a  perfidious 
guardian  is  recorded.  Suet  Galb.  9. 

•  II.  PUBLIC  RIGHTS  of  ROMAN  CITIZENS. 

These  were,  Ju$  Censiis^  MliticB^  THiy/orum,  Suffragiif  Honorum^ 
tt  Sacrortan. 

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

II.  JUS  MILITIiG.  The  right  of  serving  in  the  army.  At  first 
none  but  citizens  were  enlisted,  and  not  even  those  of  the  lowest 


RIGHTS  OF  ROMAN  CITIZENS.  61 

thuB.  But  in  •(birtiine8»thui  was  altered;  and  ander  the  empenMrs, 
aoldiers  were  taken,  not  only  from  Ital^  and  the  provinces,  but  also 
at  last  from  barbarous  nations,  Zosim,  \r.  30  &  31. 

m.  JUS  TRIBUTORUM.  TkiBirruM  properly  was  a  tax  pub- 
licly imposed  on  the  people,  which  was  ezact^  fit>m  each  indivi- 
dual through  the  tribes  in  proportion  to  the  valuation  of  his  estate, 
{pro  portioiu  censAs.)  Money  publicly  exacted  on  any  other  ac- 
count, or  in  any  other  manner,  was  called  VECTIGAL,  Varro  dt 
ZsfUf.  Lai.  iv.  36.    But  these  words  are  not  always  distinguished* 

There  wero  three  kinds  of  tribute ;  one  imposed  equaln^  on  each 
person,  (in  capita^  which  took  place  under  the  first  kings,  Dionj/t,  iv. 
43.  anotner  according  to  the  valuation  of  their  estate ;  (ex  ctntui^ 
Liv.  i  43.  iv.  60.  Dionys.  iv.  8. 19.  and  a  third,  which  was  extra- 
ordinary, and  demandcKl  only  in  cases  of  necessity,  and  therefore  de- 
pending on  no  rule,  iftnurarivm^)  Festus.  It  was  in  many  instances 
also  voluntary,  lAv.  xxvi.  36.  and  an  account  of  it  was  taken, 
that  when  the  treasury  was  a^n  enriched,  it  mig^t  be  repaid,  as 
vras  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  fix>m  the  treasury  to  the  coomion 
soldiers  in  the  army,  who  had  hitherto  served  at  their  own  expense ; 
whereupon  all  were  forced  to  contribute  annually  according  to 
their  fortune  for  the  pay  of  the  soldiers,  lAv.  iv.  59  and  60. 

In  the  year  of  the  city  586,  annual  tributes  were  remitted,  on  ac- 
count of  the  immense  sums  brought  into  the  treasury  by  L.  Paulus 
iEUnilius,  after  the  defeat  of  Perseus,  Cic.  Offic.  ii.  m.  and  this  im- 
munitv  from  taxes  continued,  according  to  rlutareh,  down  to  the 
consulship  of  Hirtius  and  Pansa. 

The  other  taxes  (VECTI6ALIA)  were  of  three  kinds,  Poriwrium^ 
DecunuB^  and  Scrwiura.  ^ 

1.  PORTORIUM  was  money  paid  at  the  port  for  goods  import- 
ed and  exported,  the  collectors  of  which  were  called  PORTITO- 
RES  ;  or  for  carrying  goods  over  a  bridge,  where  every  carrian 
paid  a  certain  sum  to  the  exacter  of  the  toll.  Digest  Vid.  Gc^.  & 
0. 1. 18.  ei  III.  1.  The  portoria  were  remitted  A.  U.  692,  the  year 
in  which  Pompey  triumphed  over  Mithridates,  Dio.  37.  51.  Ck. 
AtU  ii.  16.  but  were  afterwards  imposed  on  foreign  merchandise  by 
Cesar,  SiuU  JuL  43. 

2.  DECUM^,  Tithes,  were  the  tenth  oart  of  com,  and  the  fifth 
part  of  other  finits,  which  were  exacted  from  those  who  tilled  the 
public  lands,  either  in  Italy  or  without  it.  Those  who  fiirmed  the 
tithes  were  called  DECUMANI,  and  esteemed  the  most  honourable 
of  the  publicans  or  farmers  general,  as  agriculture  was  esteemed  the 
most  lK>nourabIe  way  of  makinff  a  fortune  amonff  the  Romans,  Ctc. 
Verr.  ii.  13.  iii.  8.  The  ffround  from  which  tithes  were  paid  was 
also  called  DECUMANUS,  Cic.  Verr.  ii.  6.    But  thene  lands  were 


es  ROMAN  ANTIQUITIE& 

•U  iold  or  distributed  amoniff  the  citizens  at  different  iimes,  and  the 
land  of  Capua  the  hst,  by  Cksary  Suet.  Jul.  2.  Cic^  AtL  iL  16. 

3.  SCRIPTURA  was  the  tax  paid  from  public  pastures  a«d 
woods,  so  called,  because  those  who  wished  to  feed  their  cattle 
there,  subscribed  their  names-before  the  farmer  of  them,  {coram  ve^- 
cuario  vel  scripiurario,)  Yarro  de  Re  Rustica,  ii.  2.  16.  and  paia  a 
certaki  sum  for  each  beast ;  Fe$tus  in  Scripturarius  Ag£b,  as.was 
likewise  done  in  all  the  tithe-lands,  {inagris  decumanis^)  Cic.  Yerr. 
ill  52.  Plaut  True.  i.  2.  44 

All  those  taxes  were  let  publicly  by  the  censors  at  Rome,  {loca- 
hantur  sub  hastd)  Cic  Rull.  1.  3.  Those  who  farmed  them  (redi- 
9^bani  r.  conducebant)  weiie  called  PUBLICANI  or  MANCIFES, 
Cic.  pro  DomOf  10.  They  also  gave  seeurity  to  the  people,  (Prs- 
MSi)  and  had  partners  who  shared  the  profit  and  loss  with  them, 
(SocuO 

There  was  a  loqg  tax  upon  salt.  In  the  second  year  after  the 
expulsion  of  Tarqmn,  it  was  ordained  th^t  salt  should  not  be  sold  by 
private  |)er8ons,  bu(  should  be  furnished  pt  a  lower  rate  by  the  pub- 
lic, Liv.  ii.  9.  A  new  tfix  was  imposed  on  salt  in  the  second  Punic 
war,  at  the  suggestion  of  the  censors  Claudius  Nero  i^nd  Livius, 
chiefly  the  latter,  who  hence  got  the  surname  of  Salinator^  Liv.  xxix. 
37«  JBut  this  tax  was  also  dipped,  although  it  is  uncerti^in  at  whi^t 
tune. 

There  was  another  tax,  which  continued  longer,  called  YICESI- 
MA,  i.  e.  the  twentieth  peut  of  the  value  of  any  slave  who  was  freed» 
Cic*  Mu  ii.  16.  It  was  imposed  by  a  law  of  the  people  assembled 
by  tribes,  and  confirmed  by  the  senate.  What  was  sin^[uler,  the  law 
was  passed  in  the  camp,  jLiv.  vii.  16.  The  money  raised  from  this 
tax  {fiurum  vict^imarium)  used  to  be  kept  for  the  last  exigencies  of 
the  state,  Liv.  xxvii.  10. 

Yarious  other  taxes  were  invented  by  the  emperors ;  as  the  hun- 
diredth  part  of  things  to  be  sold,  {ctnttsima^  Tacit  L  78.)  the  twenty- 
fifth  of  slaves,  {yigtsima  quinta  mancipiorum^)  and  the  twentieth  of 
inheritances,  {vigesima  fusrtditaium^)  by  Ausustus,  SutU  Aug.  49. 
Dio.  Iv.  25.  a  tax  on  eatables,  (pro  eduliis;^  by  Caligula,  Sutt.  40. 
and  even  on  urine,  by  Yespasian,  Sutt.  23,  &e. 

lY.  JUS  SUFFRAGII,  the  right  of  voting  in  the  diffeient  as-* 
semblies  of  the  people. 

Y.  JUS  HONORUM,  the  right  of  bearing  public  offices  ki  the 
sti^e.  These  were  either  priesthoods  or  magistracies,  (aacerdotia 
€t  magislratufiy)  which  at  first  were  conferred  only  on  Patricians,  b«it 
afterwards  were  all,  except  a  few,  shared  with  the  Plebeians. 

YI.  JUS  SACRORUM.    Sacred  rites  were  either  public  or  pri. 
▼ate.    The  public  were  those  performed  at  the  public  expense ;  the 
mrivate  were  those  which  every  one  privately  observed  at  home. ' 
The  Vestal  Virgins  preserved  tlie  public  hearth  of  the  oily:  the 


RIGHTS  OF  ROlilAN  CITIZEN&  68 

tufi»TM  with  liielr  curAito  kept  ihe  beartls  of  the  thtrty  curieB?  ite 
prieto  of  each  viUafie  kept  the  fifes  of  each  yiUa^  {PMgarum.) 
And  because  upon  vie  public  establishment  of  Christianity  in  the 
empire,  when  by  the  decrees  of  Constantine  and  his  sons,  the  profane 
worship  of  the  gods  was  prohibited  in  cities,  and  their  temples  shut, 
those  who  were  attached  to  the  old  superstition  fled  to  the  country, 
and  secretly  performed  their  former  sacred  rites  in  the  viUkfles ; 
hence  PAGANS  came  to  be  used  for  Heathens,  (ddmoi,  Oeniues^) 
or  for  those  who  were  not  Christians ;  as  anciently  among  the  Ro- 
mans, those  were  called  PAGANI  who  were  not  soldiers,  JmenaL 
xvi.  32.  Suet.  Galb*  19.  Plin.  Ep.  yu.  25.  Thus,  Pagani  €t  Mmtuni^ 
are  called  PUbes  Orbana  by  Cicero,  because  they  were  ranked  among 
the  city  tribes,  although  they  lived  in  the  viliages  and  mountaias,  pro 
Dimu}.  28. 

Each  gms  had  certain  sacred  rites  peculiar  to  itself,  {gmtiliiia^ 
Lav.  V.  52.)  which  they  did  not  intermit  even  in  the  heat  of  a  War, 
Iav.  ▼.  46.  Every  father  of  a  family  had  his  own  household-gods, 
whom  he  worshipped  privately  at  home* 

Those  who  came  from  the  free  towns,  and  settled  at  Rome,  re- 
tained their  municipal  sacred  rites,  and  the  colonies  retained  the  sa- 
cred rites  of  the  Roman  people. 

No  new  or  foreign  gods  could  be  adopted  by  the  Romans,  imless 
by  public  authority.  Thus  jEsculapius  was  publicly  sent  for  fipom 
Epidaunis,  and  Cybdle  from  Phry^ia,  Iav.  xkix.  llti  12.  Hence 
if  any  one  had  ititrodnced  foreign  rites  of  himself,  they  were  publio* 
ly  condemned  by  the  senate,  lAv.  iv.  30.  xxv.  I.  xxxix.  16.  But 
tmder  the  emperors  all  the  superstitions  of  foreign  nations  were 
transferred  to  Rome ;  as  the  sacred  rites  of  Isis,  Serapis,  and  Anu- 
bis  from  Egypt,  &c. 

It  was  a  maxim  among  the  Romans,  that  no  om  oould  be  a  citi- 
zen of  Rome,  who  suflbr^  himself  to  be  made  a  citizen  of  any  other 
city,  CVc.  pro  Cceem.  36.  J^epo$  in  vita  Altici^  S.  which  was  not  the 
case  in  Greece,  Cic,  pro  Arch,  5.  And  no  one  could  lose  the  free- 
dom of  the  city  against  his  will,  Cic.  pro  Dom.  29  &  30.  pro  C(Bcin. 
33.  If  the  rights  of  a  citizen  were  taken  from  any  one,  either  by 
way  of  punishment,  or  for  any  other  cause,  some  fiction  always  took 

Elace.  Thus  when  citizens  were  banished,  they  did  not  expel  them 
J  force,  but  their  goods  were  confiscated,  and  themselves  were  for- 
bidden the  use  of  fire'  and  water,  (iis  igne  et  aqud^  interdictum  est^) 
which  obliged  them  to  repair  to  some  foreign  place.  Augustus  add- 
ed to  this  form  of  banishment  what  was  called  DEPORTATIO, 
whereby  the  condemned,  beinff  deprived  of  their  rights  and  fortunes, 
were  conveyed  to  a  certain  place,  without  leaving  it  to  their  own 
choice  to  go  where  they  pleased. 

When  any  one  was  sent  away  to  any  place,  without  being  de- 
prived of  his  rights  and  fortunes,  it  was  called  RELEGATIO. 
Thus  Ovid,  TVt*^  ii.  137.  v.  11.  21. 

So  captives  in  war  did  not  properly  lose  the  rights  of  citizens. 


64  ROfilAN  ANTIQUITIES. 

Thoie  ri^tfl  were  only  suspended,  and  misht  be  recoveredy  as  it 
was  called,  jure  postliminii^  by  the  right  of  restoration  or  returny 
Ck.  Top.  8.  de  Orat.  i.  40. 

In  like  manner,  if  any  foreigner,  who  had  got  the  freedom  of 
Rome,  returned  to  his  native  city,  and  again  became  a  citizen  of  it, 
he  ceased  to  be  a  Roman  citizen,  Cic.pro  Balb.  12.  This  was  call- 
ed postHmimum^  with  regard  to  his  own  country,  and  rejectio  ctvi/o- 
tis^  with  regard  to  Rome. 

Ally  loss  of  liberty,  or  of  the  rights  of  citizens,*was  called  DIMI« 
NUTIO  CAPITIS,  Cic.  pro  Mil.  26.  jus  libertatit  immmuiunh  Sal- 
lust  Cat  37.  Hence  Capitis  minora  sc.  ratione  vel  respectu^  or  cO' 
pile  dtfninu<t»,  lessened  in  his  state,  or  degraded  from  the  rank  of  a 
citizen,  HoraU  Od.  iii.  5.  42.  The  loss  of  Uberty,  which  included 
the  loss  of  the  city,  and  of  one's  family,  was  called  dimitwiio  capitiM 
maxima  {  banishment  dimimUio  media  /  any  change  of  family  mini- 
mOf  Digest  ii.  de  capite  minutis. 

JUS  LATH. 

The  JUS  LATH,  or  LATINITAS,  Suet.  Aug.  47.  Cic.  M. 
xiv.  12.  was  next  to  the  jus  civitatis. 

Latium  anciently  (Latium  Vetus)  was  bounded  by  the  riyers  Ti- 
ber,  Anio,  Ufens,  and  the  Tuscan  sea.  It  contained  the  Albans, 
RutQU,  and  iEqui.  It  was  afterwards  extended  {Latium  J^ovum)  to 
the  River  Lirts,  by  Pliny  called  Glanis ;  hence  its  modem  name, 
Oarriglianaf  and  comprehended  the  Osci,  Ausones,  and  Volsci, 
Plin.  iii.  9.  The  inhabitants  of  Latium  were  called  Latini  Socn, 
NOMEN  Latinuv,  et  socii  Latini  NOMiNis,  &c.  SocH  et  Latimmi 
JfomeUf  means  the  Italians  and  Latins. 

The  JUS  LATIl  was  inferior  to  the  jus  civitaUs^  and  superior  to 
the/ttf  Italicum  )  but  the  precise  difference  is  not  ascertained. 

The  Latins  used  their  own  laws,  and  were  not  subject  to  the  edicts 
of  the  Roman  praetor.  They  were  permitted  to  adopt  some  of  the 
Roman  laws,  if  they  chose  it,  and  then  they  were  called  POPULI 
FUNDI,  Gc.  pro  Balb.  8.  If  any  state  did  not  choose  it,  it  was 
said  El  LEOiv.dfe  ea  lege  ruNPUS  riERiNOLLB,i.  e.  aucfor,»u6»cn/)<or 
€5ie,  Y.  eam  probare  et  recipere^  ib. 

The  Latins  were  not  enrolled  at  Rome,  but  in  their  own  cities,  £49* 
xli.  9.  They  misht  be  called  to  Rome  to  give  their  votes  about  any 
thing,  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* 
ibid,  and  when  the  consuls  chose,  they  ordered  them,  by  a  decree  of 
the  senate,  to  leave  the  city,  Cic.  Brut.  26.  which,  however,  rarely 
happened,  Cic.  pro  Sexlio^  15. 

Such  Latins  as  had  borne  a  civil  office  in  their  own  state,  became 
citizens  of  Rome.  Appian.  de  Bell.  Civ.  ii.  p.  443.  but  could  not 
enjoy  honours  before  the  lex  Julia  was  made,  lAv.  viii.  4.  xxiii.  23. 
by  which  law,  the  right  of  voting  and  of  enjoying  honours  was  grant* 
ed  to  those  who  had  continued  faithful  to  Kome  in  tfa«  SociiJ  war. 


JUS  ITAUCUM.  85 

A.  U.  663 ;  which  the  Latins  had  dode.    The  distinctioni  however, 
betwixt  the  jW  Latii  and  the  j'ut  civUatis^  and  the  same  mode  ofac- 

Joiriog  the  full  right  of  citizenship,  (per  I/Uium  in  civttalum  vmtei»* 
if)  was  still  retained,  Plin.  Paneg.  37  &  38*  Strab.  iv.  p.  186.  f. 
The  Iiatins  at  first  were  not  allowed  the  use  of  arms  for  their  own 
defence,  without  the  order  of  the  peoole,  Liv*  ii.  30.  iii.  19.  but  af« 
terwards  they  served  as  allies^in  the  Roman  army,  and  indeed  con*, 
stituted  the  prmcipal  part  of  its  strength.  They  sometimes  furnish- 
ed two-thirds  of  the  cavalry,  and  also  of  the  mfantry,  lAv.  iii.  22. 
xxi.  17.  et  alibi  passim.  But  they  were  not  embodied  in  the  leffions, 
and  were  treated  with  more  severity  than  Roman  citizens,  being 

Junished  with  stripes,'  from  which  citizens  were  exempted  by  the 
^orcian  law,  SallusL  Jug,  69. 

The  Latins  had  certaiq  sacred  rites  in  common  with  Roman  citi- 
zens :  as  the  sacred  rites  of  Diana  at  Rome,  (instituted  by  Sbrvius 
Tullius,  Liv.  i.  45.  in  imitation  of  the  Jlmphictyones  at  Debhi,  and 
of  the  Grecian  states  in  Asia  in  the  temple  of  Diana  at  Eph^us, 
Dionys.  iv.  26.)  and  the  Latin  holy  days  kept  with  great  solemnity 
on  the  Alban  mountain ;  first  for  one  day,  the  27th  April,  and  after- 
wards for  several  days.  The  Romans  always  presided  at  the  sacri- 
fices, Liv.  xxi.  c.  idt.  XX.  I,  Dionys.  iv.  49.  Besides  these,  the  Ia- 
tins  had  certain  sacred  rites,  and  deities  peculiar  to  themselves, 
which  they  worshipped ;  as  Feronia  at  Terracina,  Jupiter  at  Lanu- 
vium,  Iav.  xxxii.  9. 

They  had  also  solemn  assemblies  in  the  grove  of  Ferentina,  Iav. 
i.  50.  which  appear  in  ancient  times  to  have  been  employed  for  poli- 
tical as  well  as  religious  purposes.  From  this  convention  all  those 
were  excluded  who  did  not  enjoy  ihejus  Latii. 

JUS  ITALICUM. 

All  the  country  between  the  Tuscan  and  Adriatic  seas,  to  the  ri- 
vers Rubicon  and  Macra,  except  Latium,  was  called  Italy.  The 
states  of  Italy  being  subdued  by  the  Romans  in  diflTerent  wars,  were 
received  into  alliance  on  different  conditions.  In  many  respects  they 
were  in  the  same  state  with  the  latins.  They  enjoyed  their  own 
laws  and  magistrates,  and  were  not  subject  to  the  Roman  Preetor. 
They  were  taxed  {cmsi)  in  their  own  cities,  and  furnished  a  certain 
number  of  soldiers  according  to  treaty.  But  they  had  no  access  to 
the  freedom  of  Rome,  and  no  participation  of  sacred  rites. 

After  the  second  Punic  war,  several  of  |he  Italian  states,  for  having 
revolted  to  Hannibal,  were  reduced  to  a  harder  condition  by  the  Dic- 
tator Sulpicius  Galba,  A.  U.  550 ;  especially  the  Brutiiif  Picentmi, 
and  Lucanif  who  were  no  longer  treated  as  allies,  and  did  not  fur- 
nish soldiers,  but  public  slaves.  A:  GelL  x.  3.  Capua,  which  a  little 
before  had  been  taken,  lost  its  public  buildings  and  territory,  lAv, 
ipcvL  16.  But  after  a  long  ana  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.    Sulla  abridged  these 

9 


68  ROMAN  ANTIQUITIES. 


MUNICIPIA,  COLONIiE,  bt  PRiEFECTURiE. 


MuNiciPiA  were  foreign  towns  which  obtained  the  rights  of  Ro- 
man citizens.*  Some  possessed  all  the  riffhts  of  Roman  citizens, 
except  such  as  could  not  be  enjoyed  without  residing  at  Rome. 
Others  enjoyed  the  right  of  serving  in  the  Roman  legion,  (MUNE- 
RA  mUitaria  CAPERE  poferan/,)  but  had  not  the  right  of  voting  and 
of  obtaining  civil  offices. 

'  The  Municipia  used  their  own  laws  and  customs,  which  were 
called  IJB6ES  MUNICIPALES ;  nor  were  they  .obliged  to  re- 
ceive the  Roman  laws  unless  they  chose  it :  {nisi  fundi  fieri  ve/- 
lent)  And  some  chose  to  remain  as  confederate  states,  {civitates 
faderaia;)  rather  than  to  become  Roman  citizens  ;  as  the  people  of 
Heraclea  and  Naples,  Ore.  pro  Balbo,  8. 

There  were  anciently  no  such  free  towns  except  in  Italy,  but  after- 

*  "Verrias  Flaccus,  in  hit  great  t^ork  on  the  signification  of  rare  words,  treated  at 
leneth  of  the  word  munidpes,  which  for  a  hundred  years  before  had  been  used  feunl* 
Uariy  in  a  sense  quite  different  from  the  one  it  bore  in  the  old  constitutional  law, 
namely,  for  all  such  Italians  as  were  neither  settled  at  Rome  nor  in  military  colonies* 
as  mmitcuntiin  was  for  their  conniry-towns.  He  therefore  gave  a  definition  of  naat- 
dpmm  ilhistrated  with  examples,  by  a  jurist  of  the  last  age  of  the  republic ;  to  which 
he  added  remarks  of  other  antiquarians  on  the  condition  of  the  munieqn.  Miaaei- 
fium  beyond  doubt,  like  manciptum^  was  originally  the  right  itself;  but,  as  haj^ned 
at  least  in  one  sense  to  the  latter  word,  was  transferred  to  the  object  to  which  the 
right  was  attached  :  in  this  instance  to  the  class  that  possessed  it.  This  class  is  the 
iitbject  of  the  definition  referred  to,  which  distinffuisbes  three  kinds  of  mtutteiimi. 
The  first  and  most  ancient  of  these  is  defined  with  great  precision :  it  comprised 
thoae  persons  who,  if  they  came  to  Borne,  shared  all  the  riehts  and  burthens  of  Ro- 
man oiliaens  without  being  such,  but  were  excluded  from  the  elective  franchise.iuid  , 
from  honours.  Another  definition,  expressly  ascribed  to  an  ancient  jurist,  notices  it  * 
as  a  necessary  condition,  that  the  natural  country  of  such  municipals  should  be  a  com- 
pletely distinct  state  from  the  Roman :  it  terms  them,  however,  according  to  the 
franehise  they  enjoyed,  Roman  citlEens,  though  ineligible  to  honours*  The  second 
class  of  municipals  is  merely  defined,  as  jSersons  whose  whole  state  had  been  united 
with  that  of  Rome :  this  applies  no  less  to  the  third  class,  described  in  a  way  just  as 
unintelligible  in  itself,  as  corporations  of  towns  and  colonies,  which,  by  their  adoption 
into  the  Roman  state,  had  become  mimtctjiwa.  But  in  both  cases  the  examples  supply 
what  b  wanting  to  the  explanation.  The  Cflerites  and  Anagnians  are  mentioned  as 
instances  of  the  second  class;  of  whom  the  former  represent  all  such  municipals  as 
were  incaiMible  of  holding  offices  at  Rome,  and  the  latter,  when  they  were  degraded 
by  way  ot  punishment  into  the  class  of  subjects,  received  the  name  of  Roman  citi* 
sens.  The  places  in  the  third  cfess  are  all  either  Latin  colonies  or  Italian  towns, 
such  as  by  the  Julian  law,  or  by  those  which  followed  and  gave  it  a  wider  applica- 
tion, became  nrnnidpia  in  the  later  general  sense.^  The  situation  of  the  subject  towns 
of  the  second  class  was  that  of  country-towns  in  a  canton  under  a  sovereien  city, 
precluded  from  every  independent  relation  to  others,  and  unconditionally  subject  to 
the  will  of  the  ruling  state.:  but  the  Roman  country-towns  of  this  class  were,  more 
fortunate,  inasmuch  as  they  enjoyed  all  the  privileges  of  isotely  in  the  capital.  The 
colonies  of  the  ancient  sort  were  on  the  same  footing  with  these  communities,  sub- 
ject to  the  same  personal  disabilities,. and  equally  incapable  of  legislating  for  them- 
selves, though  the  whole  body  of  their  inhabitants  possessed  the  Roman  franchise. 
The  last  class  embraced  those  towns  and  Latin  colonies,  the  freemen  of  which  were 
so  united  with  the  citizens  of  Rome,  as  to  enjov  the  highest  franchise,  be  admiUed 
into  Roman  rustic  tribes,  have  votes,  and  be  eligible  to  offices.  After  so  complete 
a  union  the  term  municeps  was  as  ill-suited  to  them  as  to  a  Patrician ;  but  the  want  of 
a  word  to  designate  a  newly  formed  relation  caused  the  name  of  an  extinct  one  to 
be  applied  to  them.*'    Niebuhr.-^En, 


MUNICIPIA,  COLONIC,  n  PRiEFECTURiE.       60 

wards  we  find  them  also  in  the  provinces.    Thus  PKn^  mentions 
eight  in  Batica,  and  thirteen  in  hither  Spain,  Hisi.  MtL  m,  3. 

COLONIES  were  cities  or  lands  which  Roman  citizens  were  sent 
to  inhabit.  They  were  transplanted  commonly  by  three  commis- 
sioners, (per  triumviroi  colonuB  deductndcB  agroqut  dvoidundo^  liv. 
▼iii.  16.)  sometimes  by  five,  ten,  or  more.  Twenty  were  appointed 
to  settle  the  colony  of  Capua,  by  the  Julian  law,  Dio.  xxxviii.  1. 
The  people  determined  in  what  manner  the  lands  were  to  be  divid- 
ed, and  to  whom.  The  new  colony  marched  to  their  destined 
1>lace  in  form  of  an  army,  with  colours  flying, '(^6  vextllo.)  The 
ands  were  marked  round  with  a  plough,  and  lus  own  jportion  assign- 
ed to  every  one,  t^irg.  JEn.  i.  425.  v.  755.  All  which  was  done 
after  taking  the  auspices,  and  offering  sacrifices,  Ctc.  Phil.  ii.  40 
&42.* 

When  a  city  was  to  be  built,  the  founder,  dressed  in  a  Gabinian 
parb,  (Gabino  dnctu  omatus,  v.  Gabino  cultu  incinctm^  Liv.  v.  46. 
1.  e.  With  his  toga  tucked  up,  and  the  lappet  of  it  thrown  back  over 
the  left  shoulder,  and  brought  round  under  the  right  arm  to  the 
breast ;  so  that  it  eirded  him,  and  made  the  toga  shorter  and  closer,) 
yoking  a  cow  and  null  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  the 
clods  cut  by  the  plough.    Where  they  wanted  a  gate  to  be,  they 

took  up  the  plough  and  left  a  space.    Hence  PORTA,  a  gate^  {a 

« 

*  <*  The  coloDisti  werermosUy  aettled  as  garrisont  in  fortified  towns  taken  from  the 
eneiiij,  with  land  assigned  to  them  instead  of  pay  and  provisions.    The  old  inhabit- 
ants  were  not  ejected,  nor  was  the  whole  mass  of  landed  property  confiseated  by  the 
rating  state.    Several  stories  in  which  the  ancient  usage  is  expressed,  however  de- 
void of  historical  truth,  prove  clearlv  that  in  the  case  of  a  genuine  Roman  colony 
the  general  rale  was  for  only  a  tbird  of  the  territory  of  the  town  it  occupied  to  be 
confiscated  and  allotted  to  it,  and  that  the  rast  was  restored  to  the  former  owners. 
Of  course  this  partition  extended  to  the  domain ;  unless  this,  as  the  vublicum,  passed 
entire  into  the  hands  of  the  new  body,  which  represented  the  popuTus  of  the  place : 
and  assuredly  what  was  left  to  the  old  inhabitants  was  not  enjoyed  by  them  free 
from  burthens,  though  the  confiscation  of  the  thUrd  might  serve  as  a  redemption  of 
the  land-tax.    A  state  of  servitude  it  was,  after  all,  and  doubly  galling,  oecaose 
endured  in  the  home  that  had  once  been  free :  accordingly  the  old  citizens  often  at- 
tempted to  expel  their  lords,  and,  not  satisfied  with  liberating  themselves,  to  quench 
their  hatred  with  blood.    These  insurrections,  which  occur  frequently  in  early  Ro- 
man history,  are  absurdly  related  as  revolts  of  the  colonies :  for  the  name  colonta  can 
only  be  applied  strictly  to  the  body  of  colonists ;  now  these  depended  on  the  pftrent 
state  for  their  preservation,  and  there  can  have  been  very  few  traitors  among  them. 
When  one  of  these  places  revolted,  the  colony  most  always  have  been  expelled. 
But  when  Rome  had  attained  to  domestic  peace,  an  entirely  opposite  spirit  spread 
likewise  into  the  legislation  of  the  colonies :  the  colonists  were  Romans,  Latins  or 
Italians:  all  who  might  have  taken  part  in  the  first  planting  were  at  libertv  to  settle 
in  the  colonies  as  they  chose ;  and  assuredly  nothing  now  prevented  the  old  inhabit- 
ants and  their  descendants  from  recovering  the  civic  franchise  in  the  cities  of  their 
forefathers.    These  were  the  Latin  colonies  that  reached  such  a  britltant  eminence 
under  the  sovereignty  of  Rome.    It  is  observed,  that  the  colonies  were  miniature 
likenesses  of  the  Roman  people  :  whiph  is  perfectly  correct  as  to  those  of  the  earliest 
period,  and  those  only.    The  colonists  were  the  populus,  the  old  inbabilants  the 
commonalty :  and  the  former  was  represented  by  a  senate,  perhaps  of  not  more  than 
thirty  members."    Niebuhr.-^ED. 


70  ROMAN  ANTIQUITIES. 

TOrtando  arairum.)  And  the  towns  are  said  to  have  been  called  UR- 
&ES  from  being  surrounded  by  the  plough,  {ab  orbb,  vel  ab  uaTO» 
i.  e.  burif  sive  aratri  curvatura^  Yarro  de  Lat  Ling.  iv.  2.  Festus.) 
The  form  of  founding  cities  among  the  .Greeks  is  described  by  Pau- 
•anias,  r.  27.  who  says  that  the  first  city  built  was  L^fcosHra  in  Ar> 
cadia,  viii.  38.  , 

When  a  city  y^ns  solemnly  destroyed,  the  plough  was  also  drawn 
along  (tWttceSaiur). where  the  walls  had  stood,  Horat  Od,  i.  16. 
Hence,  Et  seges  est^  ubi  Troja  fuit^  Ovid.  Her.  i.  1.  53.  We  read 
in  the  sacred  writings  of  salt  being  sown  on  the  ground  where  cities 
had  stood,  Juds.  ix.  45.  Mic.  iii.  12. 

The  walls  of  cities  were  looked  upon  by  the  ancients  as  sacred, 
but  not  the  gates,  Plut.  QwbsU  26.  The  gates,  however,  were  reck- 
oned inviolable,  {sanctm^ 

A  space  of  ground  was  left  free  from  buildings  both  within  and 
without  the  walls,  which  was  called  POMiERIUM,  (i.  e.  hem  drca 
tnurum^  vel  post  murtim  intus  et  extra,)  and  was  likewise  held  sacred* 
Idv.  i.  44.  Sometimes  put  only  for  the  opea  space  without 'tfie 
walls^  Flor.  u  9.  When  the  city  was  enlarged,  the  ponuBrium  also 
was  extended  ;  (At  ctmsecratiJiTus  proferebrntur^  Liv.  ibid.)* 

The  ceremonies  used  in  building  cities  are  said  to  have  been  bor- 
rowed from  the  Hetrurians,  ibid. 

It  was  unlawful  to  plant  a  new  colony  where  one  had  been  planted 
before,  Cic.  PhiL  ii.  40.  but  supplies  might  be  sent 

The  colonies  solemnly  kept  the  anniversary  of  their  first  settle^ 
roent,  (diem  ncUalem  colonUs  religiose  colebant^  Cic.  ad  Attic,  iv.  1. 
Sext.  63. 

Some  colonies  consisted  of  Roman  citizens  only,  some  of  Latini^ 
and  others  of  Italians,  Iav,  xxxix.  55.  Hence  their  rights  were 
different.  Some  think  that  the  Roman  colonies  enjoyed  all  the 
rights  of  citizens,  as  they  are  often  called  Roman  citizens,  and  were 
once  enrolled  in  the  censor's  books  at  Rome,  Id,  xxix.  37.  But  most 
are  of  opinion,  that  the  colonies  had  not  the  right  of  voting, 
nor,  of  bearing  oflSces  at  Rome,  from  IHo.  xliii.  39  &  50.  The 
riffhts  of  Latin  colonies  were  more  limited ;  so  that  Roman  citizens 
who  gave  their  names  to  a  Latin  colony,  suffered  a  diminution  of 
rank,  Cic.  pro  CcBcin.  ZZ,  pro  Domo^  30.  The  Italian  colonies 
were  in  a  still  worse  condition.  The  difference  consisted  chiefly  in 
their  different  immunity  from  taxes. 

Sulla,  to  reward  his  veterans,  first  introduced  the  custom  of  settling 
MILITARY  COLONIES,  which  was  imitated  by  Julius  Ci»sar, 
Augustus,  and  others.  To  those  colonies  whole  legions  were  sent 
wiu  their  officers,  their  tribunes,  and  centurions ;  but  this  custom 

*  « The  word  potfusrium  itaelf  seems  properly  to  denote  nothing  more  thm  a 
suburb  taken  into  the  city,  and  inclnded  wilhin  the  range  ef  its  auspices*  By  the 
statement  of  Tacitus,  that  of  Romulus  ran  from  the  Forum  Boarium-^that  is^  from 
the  neight>ourhood  of  the  Janus  through  the  ▼alley  of  the  Circus ;  then  from  the  Sep- 
tiaonium  (o  about  the  beginning  of  the  Via  del  Uolosseo,  or  a  little  below  the  baths 
of  Trajan ;  from  thence  along  the  top  of  the  Velia  to  the  chapel  of  the  Lares;  and 
finally  by  the  Via  Sacra  to  the  Forum."    2Vte6i(Ar.— £d. 


MUNICIPIA,  COLONIC,  it  VtUEFECTVIiM.       71 

afterwards  fell  into  disuse,  TacU.'Atmal.  ziv.  73.  For  the  wAe  of 
distinction  the  other  colonies  were  called  CIVILBS,  FhEBElM 
or  TOGATiE,  because  they  consisted  of  citizens,  or,  as  they  were 
afterwards  named,  PAGANI,  or  Privatif  who  were  opposed  to  s^ 
diers.     See  p.  76. 

The  colonies  differed  from  the  free  towns  in  this,  that  they  used 
the  laws  prescribed  them  by  the  Romans,  but  they  had  almost  the 
same  kind  of  magistrates.  Their  two  chief  magistrates  were  called 
DUUMVIRI,  and  their  senators  DECURIONES ;  because,  as  some 
say,  when  the  colony  was  first  planted,  every  tenth  man  was  maite  a 
senator.  The  fortune  reauisite  to  tje  chosen  a  Decurio^  under  the 
emperors,  was  a  hundred  tnousand  sestertii^  Plin.  Ep.  i.  19. 

The  senate,  or  general  council  of  Grecian  cities  under  the  Ro» 
man  empire,  was  called  BULE,  (/3ouXii,  conn/tum,)  Plin.  Ep.  x.  86. 
its  members,  BULEUT^,  »6.  115.  the  place  where  it  met  at  Syra- 
cuse,  BoLEUTBETUH,  Ctc.  FtTT^  ii.  21.  an  assembly  of  the  people, 
ECCLESIA,  Plin.  Ep.  x.  3.  In  some  cities,  those  who  were  cho- 
sen in  the  senate  by  their  censors,  paid  a  certain  sum  for  their  ad- 
mission, {honorarium  decurionatds^)  ib,  114.  and  that  even  although 
chosen  contrary  to  their  own  inclinations,  ibid.  In  Bithynia,  they 
were  subjected  to  regulations  with  respect  to  the  choice  of  senators^ 
similar  to  those  at  Rome,  i6. 83.  115.  Aa  act  passed  by  the  senate 
or  people,  was  called  Psbphisma,  Id,  x.  52.  53.  It  was  there  cus- 
tomary, upon  a  person's  taking  the  manly  robe,  solemnising  his 
marriage,  entering  upon  the  office  of  a  magistrate,  or  dedicating  any 
public  work,  to  inrite  the  whole  senate,  with  a  considerable  part  of 
the  commonalty,  to  the  number  of  a  thousand,  or  more,  and  to  dis- 
tribute to  each  of  the  company  a  dole  (sporttda)  of  one  or  two  Je- 
narii.  This,  as  having  the  appearance  of  an  ambitious  largess 
(diamone)  was  disapproved  of  by  Trajan,  Plin.  Ep.  x.  117.  118. 

Each  colony  had  commonly  a  patron,  who  took  care  of  their  in- 
terests at  Rome,  Dionys,  ii.  11. 

PRiEFECTURiE,  were  towns  to  which  prefects  were  annually 
sent  from  Rome,  to  administer  justice,  chosen  partly  by  the  people, 
and  partly  by  the  prsstor,  Ftstus,  Towns  were  reduced  to  this 
form,  which  had  been  ungrateful  to  the  Romans ;  as  Calatiay  Liv.  i. 
38.  Dionys.  iii.  50.  Capua^  Liv.  xxvi.  16.  and  others.  They 
neither  enjoyed  the  rights  of  free  towns  nor  of  colonies,  and  diflered 
little  from  tne  form  of  provinces.  Their  private  right  depended  on 
the  edicts  of  their  prefects,  and  their  public  rijght  on  the  Roman 
senate,  who  imposea  on  them  taxes  and  service  in  war  at  p|pasure. 
Some  Prafectura^  however,  possessed  greater  privileges  than  others. 

Places  in  the  country,  or  towns  where  markets  were  held  and 
justice  administered,  were  called  FORA ;  as  Forum  Aurblium,  Cic, 
Cat,  I.  9.  Forum  Appii.  Cio.  Alt.  ii.  10.  Forum  Comelii^  Juliif 
Lhiij  &c. 

Places  where  assemblies  were  held  and  justice  administered, 
were  called  CONCILIABULA,  Lir.  xl.  37. 

All  other  cities  which  were  neither  Municipiaf  ColonuBf  nor  Pn»- 


72  ROMAN  ANTIQUITIES. 

ftcturm,  were  called  Omfeieraie  States,  (CIVITATES  FCEDERA- 
TiE.^  These  were  quite  free,  unless  that  they  owed  the  Romuifl 
certain  things  according  to  treaty.  Such  was  Capua  before  it  re- 
volted to  Hannibal.  Such  were  also  Tarentum,  Naples,  Tibur,  and 
Pneneste. 

FOREIGNERS. 

All  those  who  were  not  citizens,  were  called  by  the  ancient  Ro* 
mans,  foreigners,  (PERE6RIN1,)  wherever  they  lived,  whether  in 
the  city  or  elsewhere.  But  after  Caracalla  granted  the  freedom  of 
the  city  to  all  freebom  men  in  the  Roman  world,  and  Justinian 
some  time  after  granted  it  also  to  freedmen,  the  name  of  foreigners 
fell  into  disuse ;  and  the  inhabitants  of  the  whole  world  were  divid- 
ed into  Romans  and  Barbarians.  The  whole  Roman  empire  itself 
was  called  ROMANIA,  which  name  is  still  ffiven  to  Thrace,  as  beii^ 
the  last  province  which  was  retained  bv  uie  Romans,  almost  untu 
the  takii^of  Constantinople  by  the  Turks,  A.  D.  1453. 

While  llome  was  free,  the  condition  of  foreigners  was  very  dis- 
agreeable. They  might  indeed  live  in  the  city,  but  they  enjoyed 
none  of  the  privileges  of  citizens.  They  were  also  subject  to  a  par- 
ticular jurisdiction,  and  sometimes  were  expelled  from  the  city  at 
the  pleasure  of  the  magistrates.  Thus  M.  Junius  Pennus,  A.  U. 
627,  and  C.  Papius  Celsus,  A.  U.  638.  both  tribunes  of  the  people, 
passed  a  law  ordering  foreigners  to  leave  the  city,  Cic.  Off.  iii.  11. 
tirvt.  8.  So  Augustus,  Suet.  Aug.  42.  But  afterwards  an  immense 
number  of  foreigners  flocked  to  Rome  from  all  parts,  Juv.  Sat.  iii. 
58.  Seneca  ad  Helv.  c  8.  So  that  the  greatest  part  of  the  common 
people  consisted  of  them ;  hence  Rome  is  said  to  be  mundifcBce  re* 
pkta,  Lucan.  vii.  405. 

Foreigners  were  neither  permitted  to  use  the  Roman  dress,  Sntt. 
Claud,  m.  nor  had  they  the  right  of  legal  property,  or  of  making  a 
will.  When  a  foreigner  died,  his  goods  were  either  reduced  into 
the  treasury,  as  having  no  heir,  {quasi  bona  vacantia,)  or  if  he  had 
attached  himself  (^e  applicuisset)  to  any  person  as  a  patron,  that  per- 
son succeeded  to  his  eflfects,  JURE  APPLICATIONIS,  as  it  was 
called,  Cic.  de  Oral.  i.  39. 

But  in  the  process  of  time  these  inconveniences  were  removed, 
and  foreigners  were  not  only  advanced  to  the  highest  honours  in  the 
state^  but  some  of  them  even  made  emperors. 

The  ASSEMBLIES  of  the  PEOPLE. 

An  assembly  of  the  whole  Roman  people  to  give  their  vote  about 
any  thin^;,  was  called  COMITIA,  (a  coeundo  yd  comeundo.)  When 
a  part  of  the  people  only  was  assembled,  it  was  called  CONCILI- 
UM, A.  GelL  XV.  27.  But  these  words  were  not  always  distinguish- 
ed, Liv.  vi.  20. 

In  the  Comitia,  every  thing  which  came  under  the  power  of  the 


THE  COMITIA  CURIATA.  73 

people  was  transaded ;  magistrates  were  elected,  and  laws  passed^ 
parucularly  concerning  the  declaration  of  war,  and  the  making  of 
peace.  Persons  guilty  of  certain  crimes  were  also  tried  in  the  Co- 
mt/to,  Polyb.  vi.  1§. 

The  Comitia  were  always  summoned  by  some  magistrate,  who 
presided  in  them,  and  directed  every  thing  which  came  before  them ; 
and  he  was  then  said,  habere  comitia.  When  he  laid  any  thing 
before  the  people,  he  was  said  aoerb  cuh  populo,  GelL  xiii.  14. 
As  the  votes  of  all  the  people  could  not  be  taken  together,  they 
were  divided  into  parts. 

There  were  three  kinds  of  Comitia :  the  Curiata^  instituted  by 
Romulus ;  the  Centuriatc^  instituted  by  Servius  Tullius,  the  sixth 
king  of  Rome ;  and  the  Tribute,  said  to  have  been  first  introduced 
by  Sie  tribunes  of  the  people  at  the  trial  of  Coriolanus,  A.  U.  263. 

The  Comitia  Curiata  and  Centuriata  could  not  be  held  without 
taking  the  auspices,  (nisi  auspicatd,)  nor  without  the  authority  of  the 
senate,  but  the  Tributa  might,  Dionys.  ix.  41  &  49. 

The  days  on  which  the  Comitia  could  be  held  were  called  DIES 
COMITIALES,  (\.  e.  quibtis  cum  populo  agere  licebat,)  Li  v.  iii.  2. 
Cic.  Q.  Fr.  i.  2.  Maerob.  Sat  i.  16. 

As  in  the  senate,  so  in  the  Comitia,  nothing  could  be  done  before 
the  rising  nor  after  the  setting  of  the  sun,  Xh'o.  xxxix./n. 

The  Comitia  for  creating  magistrates  were  usually  held  in  the 
Campus  Martius  ;  but  for  making  laws,  and  for  holding  trials,  some- 
times alsd  in  the  forum,  and  sometimes  in  the  capitol. 

The  COMITIA  CVRIATA. 

In  the  Comitia  Curiata  the  people  gave  their  votes,  divided  into 
thirty  curia  ;  {ita  dictiz  quod  iis  rerum  publicarum  cura  commissa  sit^ 
Fest.  vel  potius  a  xujia  sc.  ^xxX^tfia,  conventus  populi  apud  Gracos  ad 
jubendum  vel  veiandum  quod-e  republica  censeret  esset.)  And  what  a 
majority  of  them,  namely  sixteen,  determined,  was  said  to  be  the  or- 
der of  the  people.  At  first  there  were  no  other  Comitia  but  the  Curi^ 
ata,  and  therefore  every  thing  of  importance  was  determined  in  them. 

The  Comitia  Curiata  were  hetd^  first  by  the  kinp,  and  afterwards 
by  the  consuls  and  the  other  greater  magistrates,  that  is,  they  presid- 
ed at  them,  and  nothing  could  be  brought  before  the  people  but  by 
them.  They  met  in  a  part  of  the  forum,  called  the  COMITIUM, 
where  a  pulpit  or  tribunal  {suggestum)  stood,  whence  the  orators  used 
to  harangue  the  people.  It  was  afterwards  called  ROSTRA,  be- 
cause it  was  adorned  with  the  beaks  of  the  ships  taken  from  the  An- 
tiates,  Liv.  viii.  14  and  also  Templum,  because  consecrated  by  the 
augurs,  Ibid.  &  35.  which  was  its  usual  name  before  the  Antiates  were 
subdued,  lAv.  ii.  56.  The  Comitium  was  first  covered  the  year  that 
Hannibal  came  into  Italy,  Liv.  xxvii.  38.  Afterwards  it  was  adorn- 
ed with  pillars,  statues,  and  paintings. 

Those  citizens  only  had  a  right  to  vote  at  the  Comitia  Curiata,  who 

10 


74  ROMAN  ANTIQUITIES. 

Ihed  in  the  city,  and  were  included  in  some  curia^  or  parirfi.  Tbe 
curia  .winch  voted  first,  was  called  PRINCIPIUM,  Liv.  ix.  38. 

After  the  instituti<Hi  of  the  Comitia  CerUuriaittf  and  Tribuia,  tbe 
Comitia  Curiata  were  more  rarely  assembled,  and  that  only  for  pass- 
ing certain  laws,  and  for  the  creation  of  the  Curio  Maximua^  Liv. 
xrvii.  8.  and  of  the  Flamines^  A.  Cell.  xr.  27*  Each  curia  seems  to 
have  chosen  its  own  curio  ;  called  also  tnagisUr  curia,  Plant.  Aul.  iL 
9.3. 

A  law  made  W  the  people  divided  into  curia  was  called  LEX 
CURIATA.    Of  these,  the  chief  we  read  of,  were, 

1.  The  law  by  which  military  command  (imperium)  was  confer- 
red on  magistrates,  Liv.  ix.  38.  Without  this  they  were  not  allowed 
to  meddle  with  military  affairs,  (rem  militarem  attingere^  to  com- 
mand an  army,  or  carry  on  war,  Cic.  Phii.  v.  16.  Ep.  Fatn.  i.  9.  but 
only  had  a  civil  power,  (POTEST AS,)  or  the  right  of  administering 
justice.  Hence  the  Comitia  Curiata  were  said  rem  militarem  coti- 
tinere,  Liv.  v.  53.  and  the  people,  to  give  sentence  twice  {bis  senten- 
tiam  ferrt^  v.  binis  comitiis  Judicare)  concerning  their  magistrates, 
Ctc.  ae  lege  Agrar.  ii.  1 1.  but  in  after  times,  this  law  seems  to  have 
been  passed  only  for  form's  sake,  by  the  suffrage  of  the  thirty  lictora 
or  sergeants  who  formerly  used  to  summon  the  ctin<B,  and  attend  on 
them  at  the  Comitia,  Cic.  ibid.  {Populi  suffragiis,  ad  speciem,  atque 
ad  fuurpationem  vetustatis,  per  triginta  lictores  auspidorum  causa 
adumbratis,  cap.  12.) 

2.  The  law  about  recalling  Camillas  from  banishment,  Liv.  v.  4fiL 

3.  That  form  of  adoption  called  adrogation  (see  p.  58.)  was  made 
at  the  Comitia  Curiata,  because  no  one  could  change  his  state,  or  50- 
cra,  without  the  order  of  the  people,  Cic.  pro  Sext.  pro  Dom.  15.  dec* 
Sue/,  ^ug.  65.  Dio.  xxxvii.  51. 

4.  Testaments  were  anciently  made  at  these  Comitia.  And  be- 
cause in  time  of  peieice  they  were  summoned,  {calata,  i.  e.  convocata,) 
by  a  lictor,  twice  a  year  for  this  purpose ;  hence  they  were  also  call- 
ed COMITIA  C ALATA,  which  name  is  likewise  sometimes  applied 
to  the  Comitia  Centuriata,  because  they  were  assembled  by  a  Cor* 
ntcen,  who  was  also  called  Classicus,  {quod  classes  comitiis  ad  comi'- 
tatum  vocahat,  A.  Gell.  xv.  27.  Varro  de  Lat  Ling.  iv.  16.) 

5.  What  was  called  DETESTATIO  SACRORUM,  was  also 
made  here ;  as  when  it  was  denounced  to  an  heir  or  legatee  that  he 
must  adopt  the  sacred  rites  which  followed  the  inheritance,  Ctc.  de 
Legg.  ii.  9.  Whence  an  inheritance  without  this  requisite  is  called 
by  rlaiitusA^redt/as  sine  sacris,  Captiv.  iv.  1.  {cumaliquid  obvenerit 
sine  aliqua  incommoda  appendice,  Festus.) 

The  COMITIA  CENTURIATA  and  the  CENSUS. 

The  principal]G>mtrta  were  the  Centuriata,  called  also  majora,  Cic. 
post  red.  in  Senat.  2.  in  which  the  people,  divided  into  the  centuries 
of  their  classes,  gave  their  votes ;  and  what  a  majority  of  centuries 
decreed,  {quod  plures  centurix  Jussissent,)  was  considered  as  finally 


THE  COMITIA  CENTURJATA,  Ac  TO 

I,  (pro  rato  habeb{Ut&.)    These  ComitiA  were  held  aocord- 
11^  to  the  Census^  instituted  by  Servius  TuHius. 

The  CENSUS  was  a  numbering  of  the  people  with  a  valuation  of 
their  fortunes,  {mitimatio^  acorifui^i^.) 

To  ascertain  the  number  of  the  people,  and  the  fortunes  of  each  * 
individual,  Servius  ordained  that  all  the  Roman  citizens,  both  in 
town  and  country,  should  upon  oath  take  an  estimate  of  their  for- 
tuies,  {bona  sua  juraii  censerent,  L  e.  asiinarentj)  and  publicly  de- 
clare that  estimate  to  him,  (aptid  se  profiUrentur  ;)  that  they  should 
also  tell  the  place  of  their  abode,  the  names  of  their  wives  and  chil- 
dren, their  own  age,  and  that  of  their  children,  and  the  number  of 
their  slaves  and  freedmen  ;  that  if  any  did  otherwise,  their  eoods 
should  be  confiscated,  and  themselves  scouiged  and  sold  for  daves, 
as  persons  who  had  deemed  themselves  unworthy  of  liberty,  {qtd 
sibi  libertatem  abjudicassent^  Cic.  pro  Cfficin.  34.)  He  likewise  iu>r 
pointed  a  festival,  called  PAGANALIA,  to  be  held  every  year  m 
each  pagus,  or  village,  to  their  tutelary  gods,  at  which  time  the 
peasants  should  every  one  pay  in  the  hands  of  him  who  presided  at 
the  sacrifices,  a  piece  of  monev  ;  the  men  a  piece  of  one  kind,  the 
women  of  another,  and  the  children  of  a  third  sort,  Dumys.  iv.  15. 

Then,  according  to  the  valuation  of  their  estates,  te  divided  all 
the  citizens  into  six  CLASSES,  and  each  class  into  a  certain  num- 
ber of  CENTURIES. 

The  division  by  ctnluries^  or  hundreds,  prifvailed  every  where 
at  Rome  ;  or  rather,  they  counted  by  tens,  from  the  number  of 
fingers  on  both  hands,  Ovid.  Fast,  iii.  123.  &c.  The  infantry  and 
cavalry,  the  curia  and  tribes,  were  divided  in  this  manner ;  and  so 
even  the  land:  hence  centbnarius  aobr,  Ovid.  Ibid.  &  Feshts, 
At  first  a  century  contained  a  hundred ;  but  not  so  afterwards. 
Thus  the  number  of  men  in  the  centuries  of  the  different  classes 
was  without  doubt  very  different 

The  first  class  consisted  of  those,  whose  estates  in  lands  and  efiects 
were  worth  at  least  100,000  asses^  or  pounds  of  brass ;  or  100,000 
drachma^  according  to  the  Greek  way  of  computing ;  which  sum  is 
commonly  reckon^  equal  to  322/.  lo5.  4d  sterling ;  but  if  we  sup- 
pose each  pound  of  brass  to  contain  24  assts^  as  was  the  case  afler^ 
wards,  it  will  amount  to  7750/. 

This  first  class  was  subdivided  into  eighty  centuries- or  companies 
of  foot,  forty  of  young  men,  {junionim^  that  is,  from  seventeen  U^ 
forty-six  years  of  age,  Cic.  de  Sen.  17.  j1.  Gell.  x.  28.  who  were 
obliged  to  take  the  field,  {ut  /oris  iella  gertrent,)  and  forty  of  old 
men,  {senionun,)  who  should  guard  the  dty,  (ad  urbis  custodiam  %U 
prasto  esserU.)  To  these  were  added  eighteen  centuries  otEquiies^ 
who  fought  on  horseback ;  in  all  ninety-eight  centuries. 

The  second  class  consisted,  of  twenty  ctniuries^  ten  of  young  men, 
and  ten  of  old,  whose  estates  were  worth  at  least  75,000  asses.  To 
these  were  added  two  centuries  of  artificers,  {fabrum^)  carpenters, 
smiths,  &G.  to  manage  the  engines  of  war.  These  livy  joins  to  the 
first  class. 


76  '  ROMAN  ANTIQUITIES. 

It  is  hardl;^  to  be  imagined  that  those  artificers  were  coiiipo«ed  of 
the  members  of  either  the  first  or  the  second  class,  but  of  their  ser- 
vants or  dependents ;  for  not  only  the  mechanic  arts,  but  likewise 
every  kind  of  trade,  wais  esteemed  dishonourable  among  the  ancient 
Romans. 

The  third  class  was  also  divided  into  twenty  centuries  ;  their  es- 
tate was  worth  50,000  qsses. 

The  fourth  class  likewise  contained  twenty  centuries  ;  their  estate 
was  25^000  asses.  To  these  Dionysius  adds  two  centuries  of  trum- 
peters, vii.  59.  • 

The  fifth  class  was  divided  into  thirty  centuries  ;  their  estate  was 
11,000  a^f 65,  but  according  to  Dionysius,  12,500.  Among  these, 
according  to  Livy,  were  included  the  trumpeters  and  cometters,  or 
blowers  on  the  horn,  distributed  into  three  centuries,  whom  Diony- 
8tus  joins  as  two  distinct  centuries  to  the  fourth  class. 

The  sixth  class  comprehended  all  those  who  either  had  no  estates, 
or  were  not  worth  so  much  as  those  of  the  fifth  class.  The  number 
of  them  viras  so  great  as  to  exceed  that  of  any  of  the  other  classes; 
yet  they  were  reckoned  but  as  one  century. 

Thus  the  number  of  centuries  in  all  the  classes  was,  according  to 
Livy,  191 ;  and  according  to  Dionysius,  193. 

Some  make  the  number  of  Livy  to  amount  to  194,  by  supposing 
that  the  trumpeters,  &c.  were  not  included  in  the  thirty  centuries  of 
the  fifth  class,  but  formed  three  distinct  centuries  by  themselves. 

Each  class  had  arms  peculiar  to  itself,  and  a  certain  place  in  the 
army  according  to  the  valuation  of  their  fortunes* 

By  this  arrangement  the  chief  power  veas  vested  in  the  richest 
citizens,  who  composed  the  first  class,  which,  although  least  in  num- 
ber, consisted  of  more  centuries  than  all  the  rest  put  together ;  but 
they  likewise  bore  the  chaises  of  peace  and  war  {munia  pacts  et  belli^ 
in  proportion,  Liv.  i.  42.  For,  as  the  votes  at  the  Comitia,  so  like- 
wise the  quota  of  soldiers  and  taxes,  depended  on  the  number  of 
centuries.  Accordingly,  the  first  class,  which  consisted  of  ninety- 
eight,  or,  according  to  Livy,  of  one  hundred  centuries,  furnished 
more  men  and  money  to  the  public  service  than  all  the  rest  of  the 
state  besides.  But  they  had  likewise  the  chief  influence  in  the  as- 
semblies of  the  people  by  centuries.  For  the  Equites  and  the  cen- 
turies of  this  class  were  called  first  to  give  their  votes,  and  if  they 
were  unanimous,  the  matter  was  determined ;  but,  if  not,  then  the 
centuries  of  the  next  class  were  called,  and  so  on,  till  a  majority  of 
centuries  had  voted  the  same  thin^.  And  it  hanily  ever  hq>pened 
that  they  came  to  the  lowest,  Liv.  i.  43.  Dionys.  vii.  59. 

In  after  times  some  alteration  was  made,  as  is  commonly  suppos- 
ed, in  favour  of  the  Plebeians,  by  including  the  centuries  in  the 
tribes  ;  whence  mention  is  often  made  of  trills  in  the  Comitia  Cen* 
turiata,  Liv.  y.  18.  Cic.  in  Ruil.  ii.  2.  pro  Plane.  20.  In  conse- 
quence of  which,  it  is  probable,  that  the  number  of  centuries  as  well 
as  of  tribes  was  increased,  Cic.  Phil.  ii.  82.    But  when  or  how  this 


THE  COMITIA  CENTUMATA,  Ac.  77 

vms  done  is  not  sufficiently  ascertained,  only  \t  appears  to  have  ta- 
ken place  before  the  year  of  the  city  358,  Ltv.  v.  18. 

Tnose  of  the  first  class  were  called  CLASSICI ;  all  the  rest  were 
said  to  be  INFRA  CLA88EM,  A.  GelL  viL  13.  Hence  elasrici 
auetores^  for  the  most  approved  authors,  Id.  xix.  8. 

Those  of  the  lowest  class  who  bad  no  fortune  at  all,  were  called 
CAPITE  CENSI,  rated  by  the  head ;  and  those  who  had  below  a 
certain  valuation,  PR0LE1*ARII,  GtlL  xvi.  10.  whence  sermopro^ 
Utaritu  for  vilis^  low,  PlauL  Mild.  Olor,  iii.  1.  157.  This  properly 
was  not  reckoned  a  chiss ;  whence  sometimes  only  five  classes  are 
mentioned,  Iav.  iii,  30.  So  Q^int<B  classis  videnturf  of  the  lowe^ 
Cic.  Acad.  iv.  23. 

This  review  of  the  people  was  made  {censxAs  habitus^  v.  actus  e»t) 
at  the  end  of  every  five  years ;  first  by  the  kings,  then  by  the  ccm- 
suls ;  but  after  the  year  310  by  the  censors,  who  were  magistrates 
created  for  that  very  purpose.  We  do  not  find  however  that  the 
census  was  always  held  at  certain  intervals  of  time.  Sometimes  it 
was  omitted  altogether,  Cic.  pro  Arch.  5. 

After  the  census  was  finished,  an  expiatory  cfr  purifying  sacrifice 
{sacrijicium  lusitale)  was  made,  consisting  of  a  sow,  a  sheep,  and  a 
bull,  which  were  carried  round  the  whole  assembly,  and  then  slain : 
and  thus  the  people  were  said  to  be  purified  (lusirari.\  Hence  also 
lustrare  signifies  to  go  rounds  to  survey ^  Virg.  Eccl.  x.  55.  JEn. 
viii.  231.  X.  224.  and  circumferre^  to  purify^  Plant.  Amph.  ii.  2.  144. 
Virg.  iEn.  vi.  229.  This  sacrifice  was  called  SUOVETAURILIA, 
or  SOLITAURILJA,  and  he  who  performed  it,  was.said  CONDE-  ' 
RE  LUSTRUM.  It  was  called  lustrum  a  Imndoj  i.  e.  sohendo^ 
because  at  that  time  all  the  taxes  were  paid  by  the  farmers-general 
to  the  censors,  Farr.  L.  L*  v.  2.  And  because  this  was  done  at  the 
end  of  every  fifth  year,  hence  LUSTRUM  is  often  put  for  tiie 
space  of  five  years ;  especially  by  the  poets,  Horal.  Od.  ii.  4.  84. 
iv.  1.  6.  by  whom  it  is  sometimes  confounded  with  the  Greek  Olym- 
piad, which  was  only  four  years,  Ovid.  Pont,  iv.  6.  5.  Martial,  iv.  ^ 
45.    It  is  also  used  for  any  period  of  time,  Plin.  ii.  48. 

The  census  anciently  was  held  in  the /ortim,  but  after  the  year  of 
the  city  320,  in  the  villa  publica^  which  was  a  place  in  the  Campus 
Martius^  Liv.  iv.  22.  fitted  up  for  pubKc  uses  ;  for  the  reception  of 
foreign  ambassadors,  &c.  Liv,  xxxiii.  9.  Varro  de  Re  Rustica^  iii.  2. 
Lwutn.  ii.  196.  The  purifying  sacrifice  was  always  made  {lustrum 
conditum  est)  in  the  Campus  Martius^  Liv.  i.  44.  Dionys.  iv.  22. 
The  census  was  sometimes  held  without  the  Itistrum  being  perform- 
ed, Liv.  iii.  22. 

1.  The  Causes  of  assembling  the  Comitia  Centuriata. 

Thb  comitia  CENTURIATA  were  held  for  creating  magis- 
trates, for  passing  laws,  and  for  trials. 

In  these  comitia  were  created  the  consuls,  praetors,  censofs, 
and  sometimes  a  proconsul,  Liv.  xxvi.  18 ;  also  the  decemvtrif  mili- 


78  ROMAN  ANTIQUITIES. 

taiy  tribunesy^and  one  priest,  namely,  the  rex  aaerortun,  AlmoBt  all* 
laws  were  passed  in  thero,  which  were  proposed  by  the  rreater  m^ 
gistrates ;  and  one  kind  of  trial  was  held  there,  namely,  for  high 
treason,  of  any  crime  against  the  state,  which  was  called  JUDICI- 
UM PERDUELLIONiS ;  as,  when  any  one  aimed  at  soverei^ty, 
which  was  called  crimen  regnif  Liv.  vi.  20.  or  had  treated  a  citizen 
as  an  enemy,  Cic.  in  Verr.  i.  5. 
War  was  also  declared  at  these  comt/ui,  Liv.  xxxL  6  &  7*  xliL  30. 

S.  Uu  Magistrates  who  presided  at  the  Comitia  Csnturiata  :  the 
Place  where  thejf  were  neld  ;  the  manfier  of  summoning  them^  and 
the  Persons  who  had  a  right  to  vote  at  them. 

TtoB  Comitia  Centuriata  could  be  held  only  by  the  superior  ma- 
gbtrates,  L  e.  the  consuls,  the  praetor,  the  dictator,  and  interrex : 
but  the  last  could  only  hold  the  comitia  for  creating  magistrates, 
and  not  for  passing  laws. 

The  censors  assembled  the  people  by  centuries ;  but  this  assem- 
bly was  not  properly  called  comitia^  as  it  was  not  to  vote  about  any 
tmng.  The  prsetors  could  not  hold  the  comitia^  if  the  consuls  were 
present^  without  their  permission ;  Liv.  xxvii.  5.  but  they  might  in 
their  absence,  Id.  xliii.  16.  xlv.  21.  especially  the  praetor  urbanus  ; 
and,  as  in  the  instance  last  quoted,  without  the  authority  of  the  se- 
nate. 

The  consuls  held  the  comitia  for  creating  the  consuls,  and  also 
for  creating  the  praetors ;  (for  the  praetors  could  not  hold  the  comih 
iia  for  creating  their  successors^  Cic.  ad  Att.  ix.  9.)  and  for  creat- 
ingthe  censors,  Iav.  vii.  22.  Ctc.  Att.  iy.  2. 

The  consuls  determined  which  of  them  should  hold  these  comitia^ 
either  by  lot  or  agreement  {sorte  yel  cons^isu  ;  sortiebantw  vel  com*^ 
parahant)y  Liv.  passim. 

The  comitia  for  creating  the  first  consuls  were  held  by  the  prse- 
fect  of  the  city,  Spurius  Lucretius,  Iav.  i.  60.  who  was  also  interrex^ 
Dionys.  iv.  84. 

When  a  rex  sacrorum  was  to  be  created,  the  comitia  are  thought 
to  have  been  held  by  the  poniifex  maximiu.  But  this  is  not  quite 
certain. 

The  person  presiding  in  the  comitia  had  so  great  influence,  that  he 
is  sometimes  said  to  have  himself  created  the  magistrates,  who  were 
elected,  Liv.  i.  60.  ii.  2.  iii.  54.  ix.  7. 

When,  from  contention  betwixt  the  Patricians  and  Plebeians,  or 
betwixt  the  magistrates,  or  from  any  other  cause,  the  comitia  for 
electing  magistrates  could  not  be  held  in  due  time,  and  not  before 
the  end  of  the  year,  the  patricians  met  and  named  {sine  sufftagio 
populi  auspicalb  prodthant)  an  interrex,  out  of  their  own  number, 
Cic,  pro  domo,  14.  &  Ascon,  in  Cic.  who  governed  only  for  five 
days :  lAv.  ix.  34  and  in  the  same  manner  different  persons  were 
always  created  every  five  days,  till  consuls  were  elected,  who  enter* 
ed  immediately  on  their  office.    The  comitia,  were  hardly  ever  ibskl 


CANDWJqES.  10 

*  by  fhe  first  ifierrex  :  KMnetiiiies  by  tlC  second ;  JUv.  ix.  7.  x.  11. 
aoraetimes  by  the  third ;  Id.  v.  31.  and  sometimes  not  till  the  de» 
venthv  M  ▼!!•  21. .  In  the  absence  of  the  consuls,  a  dictator  was 
sometimes  created  to  hold  the  comUia^  Id.  til  22.  viiL  23.  ix.  7. 
XXV.  2. 

The  Comitia  Ctnturiata  were  always  held  without  the  city,  usu* 
ally  in  the  Campus  Mariius  ;  because  anciently  the  people  went 
armed  in  martial  order  {nih  signis)  to  hold  these  assemblies ;  and 
it  was  unlawful  for  an  army  to  be  marshalled  in  the  city,  Iav.  xxxix. 
15.  QelL  XV.  27.  But  in  latter  times  a  body  of  soldiers  only  kept 
guard  on  the  Janiculum ;  where  an  Imperial  standard  was  erectedt 
{vexUlfimposUtan  erat^)  the  taking  down  of  which  denoted  the  con- 
clusion of  the  comiiiOf  Dio.  xxxvii.  27.  &  88. 

The  ^anUHa  Ceniuriata  were  usually  assembled  by  an  edict  It 
behoved  them  to  be  summoned  (edict  v.  tmKci)  at  least  seventeen 
days  before  tfiey  were  held,  that  the  people  might  have  time  to 
weigh  with  themselves  what  they' should  determine  at  the  rormfta. 
This  space  of  time  was  caUed  TRINUNDINUM,  or  TRINUM 
NUNDINUM,  i.  e.  tres  nundinal  three  market  days,  because  the 
people  from  tlie  country  came  to  Rome  every  ninth  day  to  buy  aini 
sell  theu*  commodities;  Iav.  iii.  35.  {Jiundina  a  Ratnams  ncno 
Qw>que  die  ceUbrata  ;  irUermediis  sepUm  diebus  oceupabatJur  ruri^ 
IHonys.  iL  !t8.  vii.  58.  reliquis  septein  rura  coUbant^  Varro  de  Re 
Rust,  prsef.  U.)  But  the  comitia  were  not  held  on  the  market-days, 
(mmdhuSf)  because  they  were  ranked  among  the  fericB  or  bolv 
davs,  on  whidi  no  business  could  be  done  with  the  pemle,  Macroo. 
i.  16.  {ne  plebs  rustica  avocaretur^  lest  they  should  be  called  off  from 
their  ordinary  business  of  buying  and  selling,)  Plin.  xvtii.  3.  This- 
however  was  not  always  observed*  Cic*  Att.  i.  14. 

But  the  comitia  for  creating  magistrates  were  sometimes  sum* 
moned  against  the  first  lawful  day,  (m  primum  comliaUm  diem^)  lAv. 
xxiv.  7. 

All  those  might  be  present  at  the  Comitia  Ceniuriata,  who  had  the 
full  right  of  Roman  citizens,  whether  they  lived  at  Rome  or  in  the 
country. 

3.  CANDIDATES. 

Those,  who  sought  preferment,  were  called  CANDIDATI,  from 
a  white  robe  (a  toga  Candida)  worn  by  them,  which  was  rendered 
shininff  (candens  vel  Candida)  by  the  art  of  the  fuller :  *  for  all  the 
wealthy  Romans  wore  a  gown  naturally  whitC)  {toga  alba.)  This, 
however,  was  anciently  forbidden  by  law,  (ne  cui  album,  i.  e.  cretam, 
m  vestimentum  addere,  petitionis  causa  liceret,)  Liv.  iv.  25. 

The  candidates  did  not  wear  tunics  or  waistcoats,  either  that  they 
might  appear  more  hnmble,  or  might  more  eamly  show  the  scars  they 
had  received  on  the  breast  or  fore  part  of  their  body,  {adverso  ctfr* 
pore,)  Plutarch,  in  Coriolana 

In  the  latter  ages  of  the  republiof  no  one  could  stand  candidate 


80  ROMAN^AjrriQUITIES. 

who  was  not  present,  and  aid  not  declare  himself  within  the  leeal 
days,  that  10,  Defore  the  comitia  were  summoned,  SalL  CaL  18.  Vie, 
Fam.  xvi.  12.  and  whose  name  was  not  received  by  the  magistrates ; 
for.  they  might  refuse  to  admit  any  one  they  pleased  ;  (nomenocei- 
pere,  vel  rationem  ejus  habere,)  but  not  without  assigning  a  just  cause, 
Liv^  viii.  15.  xxiv.  7  &  8.  VaL  Max.  iii.  8.  3.  Fell.  ii.  92.  The 
opposition  of  the  consul,  however,  might  be  overruled  by  the  se- 
nate, Lid.  iii.  21. 

For  a  long  time  before  the  election,  the  candidates  endeavoured 
to  gain  the  favour  of  the  people  by  every  popular  art :  Cic.  AlHc,  i. 
!•  by  going  around  the  houses,  {amhiendo,)  by  shaking  hands  with 
those  they  met ;  (prtnsando^)  by  addressing  them  in  a  kindly  man- 
ner,  and  naming  them  ;  &;c.  on  which  account  they  comnvonly  had 
alonff  with  them  a  monitor,  or  NOMENCLATOR,  who  whispered 
in  their  ears  every  body's  name,  HoraL  Ep.  i.  6.  50.  &c.  Hence 
Cicero  calls  candidates  natio  officiosissima,  in  Pis.  23.  Od  the  mar. 
ket-days  they  used  anciently  to  come  into  the  assembly  of  the  peo- 
pie,  and  take  their  station  on  a  risii^  ground ;  (in  colle  consistere,) 
whence  they  might  be  seen  by  all,  Macrob.  Sat.  1.  16.  When  they 
went  down  to  me  Camptu  Martius  at  certoin  times,  they  were  at- 
tended by  their  friends  and  dependents,  who  were  called  DEDUC- 
T0RE8.  Cic.  de  pet.  cons.  9.  They  had  persons  likewise  to  divide 
money  among  the  people,  (DIVISORES,  Cic.  Alt.  i.  17.  Sutt. 
Aug.  3.)  For  this,  although  forbidden  by  Taw,  was  often  done 
openly,  and  once  against  Caesar,  even  with  the  approbation  of  Cato, 
SueL  Jul.  19.  There  were  also  persons  to  bargain  with  the  people 
for  their  votes,  called  INTERPRETE8,  and  others  in  whose  hands 
the  money  promised  was  deposited,  called  8EQUE8TRE8,  Cic. 
Au.  in  Verr.  i.  8  &  12 ;  sometimes  the  candidates  formed  combi- 
nations  (coUiones)  to  disappoint  {ui  dejicerent)  the  other  competitors, 
Cic.  Au.  ii.  18.  Iav.  iii.  35.  * 

Those  who  opposed  any  candidate  were  said  ei  refragari^  and 
those  who  favoured  him,  suffragan  vel  suffragatores  esse :  hence 
tuffragatio,  their  interest,  Liv.  x.  13.  Those  who  got  one  to  be 
elected,  were  said,  eipr<zturam  gratia  campestri  capere,  Liv.  vii.  I. 
or  eum  trahere  ;  thus,  Pervicit  Appius,  ut  dejecto  Fabio/fratrem  tra* 
heret,  Liv.  xxxix.  32.  Those,  who  hindered  one  from  being  elected, 
were  said,  a  consulatu  repdlere^  Cic.  in  Cat.  i.  10. 

4.  The  Minntr  of  proposing  a  Lavs,  and  of  naming  a  Day  for  ont^s 
.       '        •  Trial. 

When  a  law  was  to  be  passed  at  the  Comitia  Centuriata,  the  ma- 
gistrate who  was  to  propose  it,  {laturus  v.  rogaturus,)  having  con- 
sulted with  his  friends  and  other  prudent  men,  whether  it  was  for  the 
advantage  of  the  republic,  and  agreeable  to  the  customs  of  their  an* 
cestors,  wrote  it  over  at  home ;  and  then  bavins  communicated  it  to 
the  senate,  by  their  authority,  (aa  Senatus  consMo,)  he  promulgated 
it,  that  is,  he  pasted  it  up  in  puUic,  {publice  v.  in  publico  proponebat ; 


THE  MAIMER  OF  TAKING  THE  AUSPICE&      81 

pnnmUgabat,  qawAfprovidgabat^  Festus,)  for  three  market-days ;  tfiat 
so  the  people  might  have  an  opportunity  of  reading  and  considering 
it  Cic.  Vtrr.  5.  69.  In  the  meantime  he  himself,  {legislator  ySl 
inventor  Ugis^  Liv.  ii.  56.)  and  some  eloquent  friend,  who  was  called 
AUCTOR  legiSf  or  StJASOR,  every  market-day  read  it  over,  (re- 
citabat^)  and  recommended  it  to  the  people,  {sitaddiatf)  while  othe^ 
who  disapproved  it,  spoke  against  it  (cUasuadebant.)  But  in  ancient 
times  all  these  formalities  were  not  observed:  thus  we  find  a  laW 
passed  the  day  after  it  was  proposed,  Liv.  iv.  24. 

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

In  the  same  manner,  when  one  was  to  be  tried  for  treason,  {cum 
dies perdfullionis  dicta  est^  cum  actio  perduellionis  intcndebaturf  Cic* 
vel  cum  aliquis  capitis  v.  -(e  anquireretur^  Liv.)  it  behoved  the  accu- 
sation to  be  published  for  the  same  jpace  of  time,  (promiUgatur  roga- 
tio  dt  mta  pernicie^  Cic.  pro  Sext.  20.)  and  the  day  fixed  when  the 
trial  was  to  be,  {proditi  die,  qua  judicium  futurum  sit,  Cic.)  In  tRe 
meantime  the  person  accused  (REUS,)  changed  his  dress,  laid  aside 
every  kind  of  ornament,  let  his  hair  and  beard  grow,  (promittebat,) 
and  in  this  mean  garb  {sordidatus,)  went  round  and  sohcited  the  fa- 
vour of  the  people,  homines  prensabat.)  His  nearest  relations  and 
friends  did  the  same,  Liv.  passim.  This  kind  of  trial  was  generally 
capital,  Liv.  vi.  20.  but  not  always  so.  Id.  xliiL  16.  Cic*  pro  Dom.  32. 
See  Lex  Porda. 

m 

5.     The  Manner  of  taking  the  Auspices. 

On  the  day  of  the  comtfta,  he  who  was  to  preside  at  them,  {qui  iisprcs' 
futurus  erat,)  attended  by  one  of  the  augurs,  {au^ure  adhibito,)  pitch- 
ed a  tent,  {iabemaculum  cepit,)  without  the  city,  to  observe  the 
omens,  {ad  auspicia  captanda,  vel  ad  auspicandum.)  These  Cicero 
calls  AUGUSTA  CENTURIARUM  AUSPICIA,  pro  Ml.  16. 
Hence  the  Campus  Martius  is  said  to  be  consularibus  auspiciis  con^ 
secratusy  Cic.  in  Cat  iv.  1.  and  the  comitia  themselves  were  called 
AITSPICATA.  Liv.  xxvi.  2. 

If  the  TABERNACULUM,  which  perhaps  was  the  same  with 
templum  or  arx,  the  place  which  they  chose  to  make  their  observa- 
tions, {ad  inaugurandum,  Liv.  i.  6.  s.  7  &  18.)  had  not  been  taken 
in  due  form,  (parum  recti  captum  esset,)  whatever  was  done  at  the 
comitia  was  reckoned  of  no  effect,  {pro  irrito  habebalur,)  I^iv.  iv.  7, 
Hence  the  usual  declaration  of  the  augurs,  {aitgurum  solennis  pro- 
uundato;)    Vitio  tabernaculum   captum;    vitio   maoistratus 

CRBATOS    vel    VITIOS06  ;    VlTIO    L£OEM    LATAH  ;    VITlO    DIEM    DlCTAM, 

Cic,  &  Liv.  passim.  And  so  scrupulous  were  the  ancient  Romans, 
about  this  matter,  that  if  the  auffurs,  at  any  time  afterwards,  ujwn 
recollection,  declared  that  there  had  been  any  informality  in  taking 
•the  auspices,  {vitium  obveniss^,  Cic*  in  auspicio  vitium  fuisse,  Liv.) 
the  magistrates  were  obliged  to  resign  their  office,  (jidpott  viiiosi  v. 


83  ROMAN  ANTlQUITIEa 

vitio  treaty  as  having  been  irregularly  chosen,)  even  several  months 
after  they  had  entered  apon  it,  £Av.  ibid.  Cic.de  Mit.  Deor.  li.  4. 

When  there  was  nothing  wrong  in  the  auspices,  the  magistrates 
were  said  to  be  salvis  auspiciis  creati^  Cic  Phil.  ii.  33. 

When  the  consul  asked  the  augur  to  attend  him,  (m  auspicitim 
adhibebat,)  he  said,  Q.  Fabi,  te  mihi  in  auspicio  essk  volo.  The 
augur  replied,  Audivi,  Ctc.  de  Divin.  ii.  34. 

There  were  two  kinds  of  auspices  which  pertained  to  the  Comi- 
tia  Centuriata.  The  one  was,  observing  the  appearances  of  the 
heavens,  {servare  de  calo,  vel  calrnn,)  as,  lightning,  thunder,  &c. 
which  was  chiefly  attended  to.  The  other  was  the  inspection  of 
birds.  Those  birds  which  gave  omens  by  flight,  were  called  PRfi- 
PETfiS :  by  singing,  OSCINES :  hence  the  phrase,  si  avis  occinu- 
erit,  Liv.  vi.  41.  x.  40.  When  the  omens  were  favourable,  the 
birds  were  said,  addicerb  vel  admittere;  when  unfavourable, 

ABDICERE,  NON  ADDICERE,  Vel  REFRAOARf. 

.  Omens  were  also  taken  from  the  feeding  of  chickens.  The  per- 
son who  kept  them  was  called  PULLARIUS.  If  they  came  too 
•slowly  out  of  the  cage,  (ex  cavedy)  or  would  not  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  paviret,  i.  e./«rf- 
ret ;)  it  was  hence  called  TRIPUDIUM  SOLISTIMUM,  (quasi 
tempavium  vel  terripudiuni^  Cic.  div.  ii.  34.  Festus  in  PULS. ;) 
Liv.  X.  40.  Plin,  x.  21.  s.  24.  and  was  reckoned  an  excellent  omeo, 
(auspicium  egregium  vel  optimum,)  ibid. 

When  the  augur  declared  that  the  auspices  were  unexceptionable, 
{omni  vitio  carere^)  that  is,  that  there  was  nothing  to  hmder  the 
comitia  from  being  held,  he  said,  Silentium  esse  videtur  :  Cic.  dc 
Div.  ii.  34.  but  if  not,  he  said,  ALIO  DIE,  Cic.  de  Legg.  ii.  12. 
on  which  account  the  comitia  could  not  be  held  that  day.  Thus, 
Papirio  legem  ferenti  triste  omen  diem  diffidit^  i.  e.  Rem  in  diempos* 
terum  rejicere  coegit,  Liv.  ix.  38. 

This  declaration  of  the  augur  was  called  NUNTIATIO,  or  oi- 
nuntiatio.    Hence  Cicero  says  of  the  augurs,  Nos  nuntiationbm 

SOLUM     HABEMUS  ;    ET    CONSULES    ET    RELK^Ul    HAQISTRATUS     ETIAM 

8PECTIONEM,  V.  inspectioncm ;  Cic.  Phil.  ii.  32.  but  the  contrary 
seems  to  be  asserted  by  Festus ;  (m  voce  SPECTIO,)  and  commen- 
tators are  not  agreed  how  they  should  be  reconciled.  It  is  suppos- 
ed there  should  be  a 'different  reading  in  both  passages,  Vid.Abram. 
in  Cic.  &  Scaliger.  in  Fest. 

Any  other  magistrate,  of  equal  or  greater  authority  than  he  who 
oresided,  might  likewise  take  the  auspices ;  especially  if  he  wished 
fo  hinder  an  election,  or  prevent  a  law  from  being  passed.  If  such 
magistrate  therefore  declared,  Se  de  coelo  sfiRVAssE,  that  he  had 
heard  thunder  or  seen  lightning,  he  was  said  OBNUNTIARE,  {m- 
i%\^^^^^  ^^^^^^*^  consuli  obnuntiavisti,  al.  nunti&sii,  Cic.  Phil.  ii. 
^.)  which  he  did  by  saying.  ALIO  DIE ;  whereupon;  by  the  Lex 
M^ltaet  Fusm,  the  comi^ii  were  bi:^kenoff';  {dirimebantur,)  and  de- 
ferred  to  another  day.    Hence  obnuntiare  concilia  aut  eomitits,  to 


THE  COMITIA  CENTURIATA*  6u^  89 

prevent,  to  adjoarn ;  and  this  hai^ned,  eTen  if  he  said  that  he  had 
seen  what  he  did  not  see,  (ri  auspida  ementUiu  tsstt^)  because  ha 
was  thoiig^t  to  have  bound  the  people  by  a  religious  obluation, 
which  must  be  expiated  by  their  calamity  or  his  own,  Cic.  Phil^  ii. 
33.  Hence,  in  the  edict,  whereby  the  comitia  were  summonedi 
thisybrmu/a  was  commooJy  used,  m  quis  minor  vAoisraATus  vm 
coBLo  SBRVASSB  VKLIT :  which  prohibition  Clodius,  in  his  law 
against  Cicero,  extended  to  all  the  magistrates,  Dto.  xxxviii.  13. 

The  comUia  were  also  stopped,  if  any  person,  while  they  were 
holding,  was  seized  with  the  taJlii^  sickness  or  epilepsy ;  which  was 
hence  called  MORBUS  COMITIALIS ;  or  if  a  tribune  of  the  com- 
mons  interceded  by  the  solemn  word,  VETO ;  Liv.  vi.  35.  or  any 
magistrate  of  equal  authority  with  him,  who  presided,  interposed ; 
by  wasting  the  day  in  speaking,  or  by  appointing  holy  days ;  &c 
die,  ad  Frair.  ii.  6.  and  also  if  the  standara  was  pulled  down  from 
the  Janiculum ;  as  in  the  trial  of  Rabirius,  by  MetuUus  the  pnetor, 
Dio.  Lib*  xxxvii.  27. 

The  comitia  were  also  broken  off  by  a  tempest  arising ;  but  so, 
that  the  election  of  those  magistrates,  who  were  already  created, 
was  not  rendered  invalid,  (t4/  iam  crtati  non  vitiosi  redderenlur^) 
Iav.  xL  59.  Cic  de  Divin.  ii.  lo.  unless  when  the  comiUa  were  for 
creating  censors. 

6.  The  Manner  of  holding  the  Comitia  Ccnturuta. 

When  there  was  no  obstruction  to  the  comt/ta,  on  the  day  ap-  ^ 
pointed,  the  people  met  in  the  Campus  Martius.  The  magistrate, 
who  was  to  preside^  sitting  in  hi^'curule  chair  on  a  tribunal  {pro  tri- 
iunali^)  Lir.  xxxix.  32.  used  to  utter  a  set  form  of  prayer,  before  lie 
addressed  the  people,  Liv.  xxxix.  15.  the  augur  repeating  over  the 
words  before  him,  {aueure  verba  prcBunte^  Cic)  Then  he  made  a 
q>eech  to  the  people  about  what  was  to  be  done  at  the  comitia. 

If  magistrates  were  to  be  chosen,  the  names  of  the  candidates 
were  read  over.  But  anciently,  the  people  might  choose  whom  they 
pMsed,  whether  present  or  absent,  although  they  had  not  declared 
themselves  candidates,  £4r./7a<5tm. 

If  a  law  was  to  be  passed,  it  was  recited  by  a  herald,  while  a  se« 
cretary  dictated  it  to  him,  (subjicientej  tcrib&,)  and  different  persons 
were  allowed  to  speak  for  and  against  it,  Liv.  xl.  21.  A  similar  form 
was  observed  at  trials,  because  application  was  made  to  the  people 
■about  the  punishment  of  any  one,  in  the  same  manner  as  about  a 
law.     Hence,  irrogare  pcRnam^  vel  mulctam^  to  inflict  or  impose. 

The  usual  beginning  of  all  applications  to  the  people,  (omni'om  ro^ 
gationum,)  was  VELITIS,  JUBEATIS,  QUIRITES ;  and  thus  the 
people  were  said  to  be  consulted,  or  asked,  {connuli  vel  rogari;)  and 
the  consuls  to  consult  or  ask  them ;  Cic.  <t-  Lie.  passim.  Hencejubere 
legem  vel  rogationem^  also  Decernere,  to  pass  it ;  Sail.  Jug.  40.  t«- 
tere,  to  reject  it ;  rogare  magistratus^  to  create  or  elect,  Sail.  Jug, 
29.    Eogare  quasitores,  to  appoint  judges  or  inquisitors,  ib.  40.    So 


84  RdMAN  ANTIQUITIES. 

ju8ta  et  vetitapomJi  in  jubendis  v.  sciscendis  legibus,  Cic  de  Legg,  ii« 
4.  QtHhui  fsc  Suano  et  MurseniB,  consttbUuSf  me  rogante^  i.  e.  pnesi- 
dente,  datus  esif  Id.  pro  Mur.  1.    Then  the  magistrate  said.  Si  vobis 

VIDETUR,  DISC£DITE,  QUIRITES  ;  Or,  ItE  IN  SUTFRAOIUM,  BENE  Ju* 
VANTIBU8    DllS,   ET/  QUJB    PATRES   CENSUERUNT,   VOS     JUBETE,    LtV* 

xxxi.  7.  Whereupon  the  people,  who,  as  usual,  stood  promiscuous- 
ly, separated,  eveiy  one  to  his  own  tribe  and  century,  Ascon.  m  Otc« 
pro  (Jom.  Balbo.  Hence,  the  magistrate  was  said  miturepopulumin 
nffragium ;  and  the  people,  inire  vel  trc  mffragiumy  Cfic  6l  Liv. 
passim. 

Anciently,  the  centuries  were  called  to  give  their  votes  according 
to  the  institution  of  Servius  Tullius  ;  first,  the  Equiies^  and  then  the 
centuries  of  the  first  class,  &c.  but  afterwards,  it  was  determined  by 
lot,  (SORTITIO/eia<,)  in  what  order  they  should  vote.  When  this 
was  first  done  is  uncertain.  The  names  of  the  centuries  were  thrown 
into  a  box,  {in  sittUam  ;  sitella  defertur,  Cic.  N.  D.  i.  38.  Siiella 
allata  est^  ut  $ortirentur^  IAy,  xxv.  3.)  and  then  the  box  being  shak- 
en, so  that  the  lots  might  lie  equally,  {sortilms  aqualisy)  the  century 
which  came  out  first  gave  its  vote  first,  and  hence  was  called 
PRiEROGATIVA,  Liv.  v.  18.  Those  centuries,  which  followed 
next,  were  called  PRIMO  VOCATiE,  Uv.  x.  15  &22.  The  rest 
JURE  YOCATiE,  Liv.  xxvii.  6.  But  all  the  centuries  are  usually 
called  jure  vocata^  except  the  prarogativa.  Its  vote  was  held  of 
the  greatest  importance,  (ut  nemo  unquam  prior  earn  tuterit^  quin 
renunciatus  sit^  Cic.  pro  JPlanc.  20.  Divin.  ii.  40.  Mur.  18.)  Liv. 
xxvL  22.  Hence  prjerooativa  is  put  for  a  sign  or  pledge,  a  fit* 
vourable  omen  or  intimation  of  any  thin^  fiiture  ;  SuppUcatio  est 
prmrogaiiya  triumpki,  Cic.  Fam.  xv.  5.  so  i.  Act.  Verr.  9.  Plin.  vii. 
16.  xxxvii.  9.  8.  46.  for  a  precedent  or  example,  Liv,  iii.  61.  a 
choice  ;  Id.  xxi.  3.  or  favour.  Id.  xxviii.  9.  and  among  later  vrriters 
for  a  peculiar  or  exclusive  privilege. 

When  tribes  are  mentioned  in  the  Comitia  Centuriata^  Liv.  x.  13. 
It  is  supposed,  that  after  the  centuries  were  included  in  the  tribes, 
the  tribes  first  cast  lots  ;  and  that  tribe  which  first  came  out,  was 
called  PRiEROGATIVA  TRIBUS  ;  and  then,  that  the  centuries 
of  that  tribe  cast  lots  which  should  be  the  prasrogativa  centuria. 
Others  think,  that,  in  this  case,  the  names  of  tribes  and  centuries  are 
put  promiscuously,  the  one  for  the  other.  But  Cicero  calls  centuria 
parstribiks  ;  and  that,  which  is  remarkable,  in  the  ComUia  Tribtda. 
pro  Plane.  20.  • 

Anciently  the  citizens  gave  their  votes  viv&  voce ;  and  in  creatinir  * 
magistrates,  they,  seem  each  to  have  used  this  form  ;  Consules, 
&c.  NOMiNo  vel  Dico,  Uv.  xxiv.  8  &  9.  in  passing  laws ;  Uti  rooas  . 
voLo  vel  jubeo,  Cic.  de  Legg.  ii.  10.     The  will  or  command  of 
me  people  was  expressed  by  velle,  and  that  of  the  senate  by  csir- 
^^"l   17     "^'^^'  hence  leges  magistratusque  roqare,  to  make. 

Sometimes  a  person  nominated  to  be  consul,  &c  by  the  praeroim- 
Uve  century,  declined  accepting,  Liv.  v.  18.  xxvi.  22.  or  the  magis* 


THE  COMITU  CENTURIATA,  Ac.  85 

Irate  presiding  disapproved  of  their  choice,  and  made  a  speech  to 
make  them  alter  it.  Whereupon  the  century  was  recalled  t^  a  he* 
raid  to  give  its  vote  anew ;  (in  suffragium  revocata  ;  thus,  Rbditb 
iw  surp&AGiUM,  Liv,  ibid.)  and  the  rest  usually  voted  the  same  with 
it,  {auctoritatem  prarogativcB  secuta  sunt  ;  eosdem  cousuUb  ceterm 
ceniuria  sine  variatione  ulla  dixeruntj  Liv.  xxiv.  8  &  9.  In  the 
same  manner  afler  a  bill  had  been  rejected  by  almost  all  the  centu- 
ries, on  a  subsequent  day,  {atteris  comUiisy)  we  find  it  unanimously 
enacted  ;  as  about  declaring  war  on  Philip,  As  hac  orations  ih 

SUFPRAGIUM    MISSI,   UT    ROOARAT,   BELLUM   JU3SERUNT,  Liv,  XXXl,  8.  ' 

But  in  later  times,  that  the  people  might  have  more  liberty  in 
voting,  it  was  ordained,  by  various  laws,  which  were  called  LEGES 
TABELLARIiE,  that  they^should  vote  by  ballot ;  first  in  confer- 
ring honours,  by  the  Gabinian  law,  made  A.  U.  614.  Cic,  de  Amic. 

12.  Plin.  Ep.  iii.  20.  two  years  after,  at  all  trials,  except  for  trea- 
son, by  the  Cassian  law ;  Cic.  Brut.  25  and  27.  in  passing  laws,  bf 
the  Papirian  law,  A.  U.  622.  and  lastly,  by  the  CMion  law,  A.  17. 
630.  also  in  trials  for  treason,  which  had' been  excepted  by  the  Cas- 
sian law,  Cic.  dt  Legg.  iii.  16.  The  purpose  of  these  laws  was  to 
diminish  the  influence  of  the  nobility.  Ibid,  A  Cic.  Plane.  6. 

The  centuries  being  called  by  a  herald  in  their  order,  moved  firom 
the  place  where  they  stood,  and  went,  each  of  them,  into  an  enclo- 
sure, (SEPTUM  vel  OVILE,)  which  was  a  place  surrounded  vrith 
boards,  {loctu  tabulatis  inclusus,)  and  near  the  tribunal  of  the  con- 
sul.   Hence  they  were  said  to  b^  intrd  vocaUs^  sc  in  ovile^  Liv.  x. 

13.  There  was  a  narrow  passage  to  it  raised  from  the  ground,  call- 
ed PONS  or  PONTICULU8,  by  which  each  century  went  up  one 
after  another.  &iet.  Jtd.  80.  Hence  old  men  at  sixty  (8EXAGE- 
NARIl)  were  said,  dbponte  dejici  ;  and  were  called  DEPONTA^ 
NI,  because,  after  that  age,  they  were  exempted  from  public  busi- 
ness, Varro  <$r  Festus  ;  to  which  Cicero  alludes.  Rose.  Am.  35.  But 
a  very  difierent  cause  is  assigned  for  this  phrase,  both  by  Varro  and 
Festus. 

There  were  probably  as  many  Pontes  and  SeptOj  or  Ovilia^  at 
there  were  tribes  and  centuries.  Hence  Cicero  usually  speaks  of 
them  in  the  plural ;  thus.  Pontes  lex  Maria  fecit  angustos,  de  Legg. 
iii.  17.  Opera  Clodiana  pontes  occup&runtf  Attic,  i.  14.  Capio  cum 
bonis  viris  impetum  facit^  pontes  dejicit,  ad  Herenn.  i.  12.  Cum  Clo» 
dius  in  septa  irruisset,  pro  Mil.  15.  So  miserce  maculavit  ooilia  Ro" 
nue,  Lucan,  Pharsal.  ii.  197. 

Some  think  that  each  tribe  and  century  voted  in  its  own  ovUe^ 
Serv.  in  Virg.  Eel.  i.  34.  But  this  does  not  seem  consistent  with 
what  we  read  injother  authors. 

At  the  entrance  of  the  oon;,  each  citizen  received  from  certain 
ofl^rs,  called  DIRIBITORES,  or  distributor es,  ballots,  (tabtdce  vel 
tahellce^  on  which,  if  magistrates  were  to  be  created,  were  inscribed 
the  names  of  the  candidates,  not  the  whole  names,  but  only  the  ini- 
tial letters,  Cic.  pro  Dom.  43.  and  they  seem  to  have  received  as 
many  tablets  as  there  were  candidates.    We  read  of  other  tables 


86  ROMAN  ANHQUITIEEL 

being  given  in,  that  were  distributed,  which  must  have  been  broueht 
from  home,  Suet.  Jul.  80.  but  as  no  regard  was  paid  to  them,  uiia 
seldom  happened.  The  same  thing  took  place  also  under  the  Em- 
perors, when  the^right  of  electing  ma|nstrates  was  transferred  from 
the  people  to  the  senate,  Plin.  Ep.  iv.  25. 

Ira  law  was  to  be  passed,  or  any  thing  to  be  ordered,  as  in  a  trial, 
or  in  declaringwar,  &c.  they  received  two  tablets ;  on  the  one  were 
the  letters  U.  R.  i.  e.  UTI  K06A8,  sc.  volo  vel  I'tiieo,  I  am  for  the 
law ;  and  on  the  other  A.  for  ANTIQUO,  i.  e.  Antigua  probo^  nihil 
nam  staha  volo  ;  I  like  the  old  way,  I  am  against  the  law.  Hence 
wUiquare  Ugem^  to  r^ect  it 

Of  these  tablets  every  one  threw  which  he  pleased  into  a  chest, 
(m  cistam)  at  the  entrance  of  the  ovil^i  which  was  pointed  out  to 
them  by  the  R06AT0RE8,  who  asked  for  the  ballots,  and  an- 
ciently for  the  votes,  when  they  were  given  viv&  voce,  Cic  de  Di- 
irin.  i.  17.  ii.  35.  Nat.  D.  ii.  4.  Then  certain  persons,  called  CUS- 
TODE8,  who  observed  that  no  fraud  should  be  committed  in  cast- 
ing lots  and  voting,  {in  soriiiione  et  suffragiis)  took  out  (edueehant) 
the  ballots,  and  counted  the  votes  by  points  marked  on  a  tablet, 
which  was  called  Dirimrre  suffragia,  or  Diremptio  suffragiotwn^ 
Lucan.  v.  393.  whence  omne  punctum  ferre^  for  omnibus  su^ragiis 
renunciari^  to  sain  every  vote ;  and  what  pleased  the  majonty^was 
declared  by  a  herald  to  be  the  votes  of  that  century.  The  person 
who  told  to  the  consul  the  vote  of  his  century,  (^t  centuriam  siiam 
rogavit,  et  ejus  auffragiwn  retulit ;  vel  Consulee  a  centuria  md  creatof 
^enunciavitf  retulit)  was  called  ROGATOR,  Ctc.  i6.  ^  de  Orat.  ii 
64.  Thus  all  the  centuries  were  called  one  after  another,  till  a  ma- 
jority of  centuries  agreed  in  the  same  opinion ;  and  what  they 
judged  was  held  to  be  ratified. 

The  DiribitoreSf  Rogalores,  and  Custodes,  were  commonly  per- 
fions  of  the  first  rank,  and  friends  to  the*  candidates,  or  favourers  <^ 
the  law  to  be  passed,  who  undertook  these  offices  voluntarily ;  Cic* 
in  Pie.  15.  post.  red.  in  Sen.  11.  Augustus  is  supposed  to  have  se- 
lected 900  of  the  equestrian  order  to  be  Custodes  or  Rogatores,  {ad 
custodiendas  cistas  svffragiorum^)  Plin.  TSXXiL  2.  s.  ?• 

If  the  points  of  any  century  were  equal,  its  vote  was  not  declared ; 
but  was  reckoned  as  nothing,  except  in  trials,  where  the  century, 
which  had  not  condemned,  was  supposed  to  have  acquitted. 

The  candidate,  who  had  most  votes,  was  immediately  called  by 
the  magistrate  who  presided  ;  and  after  a  solemn  prayer,  and  taking 
an  oath,  was  declared  to  be  elected  {renunciatus  est)  by  a  herald, 
Cie.  pro  leg.  Manil.  1.  pro  Muran.  I.  in  RulU  ii.  2.  Veil,  ii,  93. 
Then  he  was  conducted  home  by  his  friends  and  dependents  with 
great  pomp. 

It  was  esteemed  very  honourable  to  be  named  first,  Ctc.  pro  leg. 
MamxL  1. 

Those  who  were  elected  consuls,  usually  crovmed  the  images  of 
their  ancestors  with  laurel,  Cic.  Mur.  41. 

When  one  gained  the  vote  of  a  century,  he  was  said/err<  ceniu* 


THE  COMITIA  CENTURIATA,  &c.  87 

riamf  and  nonferrt  velperderCf  to  lofe  it ;  woferre  npuUom,  to  be 
rejected ;  hat  ftrre  suffragium  vel  tabdlam^  to  vote ;  thui,  Meia  co- 
fMuM  nan  tabellam  vindicem  tacita  libertaliif  ted  vocem  vivam  iWtf • 
tiSf  Cic.  in  RuII.  iL  2. 

The  maflifltrates  created  at  the  Comitia  Cenfvrtato,  were  said ^eri, 
crearif  decfararif  nomtnari^  diet,  renunctari^  designari^  rogari^  4rc. 

In  creatine  magistrates  this  addition  used  to  be  made^  to  denote 
the  fulness  of  their  right:  Ut  qvi  optima  leobfuerint;  optimo 
JuR£  ;  bo  JuRBy  QUO  QUI  OPTIMO*  Festus  in  Optima  lbx.  Cic.  m 
RulL  i.  11.  Phil.  xi.  12.  Liv.  ix.  34. 

When  a  law  was  piassed,  it  was  said  pbrfbrri  ;  the  centuries 
*  which  voted  for  it,  were  said  Legem  juberb,  v.  rooationem  acci- 
FERE,  Liv.  iL  57.  iii.  15.  63.  &  alibi  passim  ;  those  who  voted 
against  it,  Antiquare,  vetarb,  v.  non  accipbre.  Lex  rooatur, 
dumfertur;  abrooatur,  dum  loUtlur  ;  DEROOATUR,/e^9  v.  de /e^e, 
cum  per  novam  legem  aliquid  veteri  legi  detrahitur :  subrooatur» 
cum  aUqtdd  (uljicitur :  obroqatur,  cum  novA  lege  infirmatur^  Ulpian 
and  Festus.  Ubi  ducB  coniraria  leges  sunt,  semper  antigum  abrogai 
nova^  the  new  law  invalidates  the  old.  Lav.  ix.  34. 

Two  clauses  commonly  used  to  be  added  to  all  laws :  1.  Si  quid 

VON  LICUBRIT  ROGARl,  UT  EJUS  HAG  LEGE  HIBIL  ESSET  ROGATUM : 
2.  8;  QUID  CONTRA  ALIAS  LEGES  EJUS  LEGIS  BRg6  LATUM  ESSET,  UT 
El,  QUI  BAM  LEGEM  ROGA8SET,  IMPUNE  ESSET,  Cic.  Ait.  111.  23.  which 

clause  (caput)  Cicero  calls  TRANSLATITIUM,  in  the  law  of  Clo- 
dius  against  himself,  because  it  was  transferred  from  ancient  laws, 
i^id.    ' 

This  sanction  used  also  to  be  annexed,  Ne  quis  per  saturam  ab- 
ROOATO  ;  i.  e.  per  legem  in  qua  conjunctim  mudtis  de  rebus  un&  roga* 
tione  populua  consulebalur^  Festus.  Hence  Exquirere  sententias  per 
saturam,  i.  e.  passim,  sine  certo  ordine,  by  the  gross  or  lump,  Sail. 
Jug.  29.  In  many  laws  this  sanction  was  abided.  Qui  aliter  vel 
SEC  us  FAXIT  V.  FECBRiT,  SACER  E8TO ;  h  e.  ut  coput  ejus,  cum  bonis 
vdfamili&f  alictd  deorum  cansecraretur  v.  sacrum  esset :  that  it  might 
be  lawful  to  kill  the  transgressor  with  impunity,  Liv.  ii.  8.  iii.  55. 
Cic.  pro  Balb.  14. 

When  a  law  was  passed,  it  was  engraved  on  brass,  and  carried  to 
the  treasury.  It  used  also  to  be  fixed  up  in  public,  in  a  plac^  where 
it  might  be  easily  read,  {unde  de  piano,  i.  e.  from  the  ^und,  legi 
posset.)  Hence  In  capitolio  legum  ara  liquefacia,  Cic.  Cad.  iii.  8. 
Kec  verba  mvnacia  fixo  are  legebantur,  Ovid.  Met.  i.  3.  flxit  leges 
pretio  atqut  rejixit,  made  and  unmade,  Virg.  Mn.  v1.  622.  Cic.  Phil. 
xiii.  3.  Fam.  xii.  1. 

After  the  year  of  the  city  598,  when  the  consuls  first  began  to  en- 
ter on  their  office  on  the  first  day  of.  January,  the  comitia  for  their 
election  were  held  about  the  end  of  July,  or  the  beginning  of  Au- 
gust, unless  they  were  delayed  by  the  intercession  of  the  magistrates,  , 
or  by  inauspicious  omens.  In  the*  time  of  the  first  Punic  war,  the 
consuls  entered  on  their  oflice  on  the  ides  of  March,  and  were  ere* 
ated  in  January  or  February,  Liv.  passim.    The  preators  were  al- 


88  ROMAN  ANTIQUITIES. 

ways  elected  after  the  oonsuls,  sometimes  on  the  same  day»  JUv.  z. 
23.  or  the  day  after,  or  at  the  distance  of  several  d^s.  Id.  From 
the  time  of  their  election,  till  they  entered  on  their  omce»  they  were 
called  DESI6NATI. 

The  comitia  for  enacting  laws  or  for  trials,  might  be  held  on  any 
legal  day. 

COMITIA  TRIBUTE. 

In  the  Comitia  Tribuia  the  people  voted,  divided  into  tribes,  ac- 
cording to  their  regions  or  wards,  (ex  regionibus  et  locts^)  A.  GelL 
XV.  27. 

The  nafne  of  ^nfr^  v^as  derived  either  from  their  original  number 
three,  (a  mvnero  temario^)  or  from  paying  tribute  (a  tribulo^)  Liv.  i. 
43.  or,  as  others  think,  from  r^irrO^,  teriia  pars  tribus  apudAihtnitnr 
ses^  Molic^  TgtfneuCf  unde  tribus. 

The  first  three  tribes  were  called  RAMNENSES,  or  Ramnes, 
TATIENSES  or  TUiensea,  and  I.UCERES.  The  first  tribe  was 
named  from  Romulus,  and.  included  the  Roman  citizens  who  occu- 
pied the  Palatine  hill ;  the  second  from  Titus  Tatius,  and  included 
the  Sabines,  who  possessed  the  Capitoline  hill ;  and  the  third  from 
one  Lucumo,  a  Tuscan,  or  rather  from  the  grove,  (a  luco)  which  Ro- 
mulus turned  into  a  sanctuary,  (ast/lum  retulit,  Virg.  JEn.  viii.  342.) 
and  included  all  foreigners,  except  the  Sabines.  Each  of  these 
tribes  at  first  had  its  own  tribune  or  commander,  {Tribunus  yelpra- 
fecttis^)  Dionys.  iv.  and  its  own  augur,  Liv.  x.  6. 

Tarquinius  Priscus  doubled  the  number  of  tribes,  retaining  the 
same  names ;  so  that  they  were  called  Ramnenses  primi  and  Ram- 
lunsts  stcundif  or  poaterioreSf  &c. 

But  as  the  Luceres  in  a  short  time  greatly  exceeded  the  rest  in 
number,  Servius  TuUius  introduced  a  new  arrangement,  and  distri- 
buted the  citizens  into  tribes,  not  according  to  their  extraction,  but 
from  their  local  situation. 

He  divided  the  city  into  four  regions  or  wards,  called  PALATI- 
NA,  SUBERRANA,  COLLINA,  and  ESQUILINA.  the  inhabit- 
ants of  which  constituted  as  many  tribes,  and  had  their  names  from 
the  wards  which  they  inhabited.  No  one  was  permitted  to  remove 
from  one  ward  to  another,  that  the  tribes  might  not  be  confounded, 
Dianvsk  iv.  14.  On  which  account  certain  persons  were  appointed 
to  take  an  account  where  every  one  dwelt,  also  of  their  age,  for- 
tune, &c  These  were  called  city  tribes,  (TRIBUS  URBANiE,) 
and  their  number  always  remained  the  same. 

Servius  at  the  same  time  divided  the  Roman  territory  into  fifteen 
parts,  (some  say  sixteen,  and  some  seventeen,)  which  were  called 
country  tribes,  (TRIBUS  RUSTICiE,)  Dionys.  iv.  15. 

In  the  year  of  the  city  258,  the  number  of  tribes  was  made  twen- 
ty-one, Iav.  ii.  21.  Here,  for  the  first  time^Livy  directly  takes  no- 
tice of  the  number  of  tribes,  although  he  alludes  to  the  original  in- 
stilution  of  three  tribes,  x.  6.    Dionysius  says,  that  Servius  insti- 


THE  COMITIA  CENTURIATA,  dec.  80 

toted  31  tribes,  iv.  15.  But  in  the  trial  of  Coriolanus,  he  only  men- 
tions 21  as  havinff  voted,  vii.  64.  the  number  of  Livy,  viii.  64* 

The  number  of  tribes  was  afterwards  increased  on  account  of  the 
addition  of  new  citizens  at  different  times,  Liv.  vu  5.  viL  15.  Tiii. 
17.  ix.  20.  X.  9.  Epit.  xix.  to  thirty-five,  Lh,  xxiii.  13.  Atccn.  m  Ctc* 
Vtrr,  i.  5.  which  number  continued  to  th^  end  of  the  republic,  lAv. 
1.43. 

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 
TuUius,  a  tribe  was  nothing  else  but  the  inliabitants  of  a  certain  re- 
gion or  quarter  in  the  city  or  country ;  but  afterwards  this  was  al- 
tered ;  and  tribes  came  to  be  reckoned  parts  not  of  the  city  or 
country,  but  of  the  state,  (non  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  Romans 
for  a  country  life,  and  from  the  power  of  the  censors,  who  could  in- 
stitute 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  this  subject  writers  are  not,agreed.  In  the  year 
449,  Q.  Fabius  separated  the  meaner  sort  of  people  from  all  the 
tribes  through  which  they  had  been  dispersed  by  App.  Claudius, 
and  included  them  in  the  four  city  tribes,  Liv.  ix.  46.  Among  these 
were  ranked  all  those  whose  fortunes  were  below  a  certain  valu- 
ation, called  FROLETARII :  and  those  who  had  no  fortune  at  all, 
CAPITE  CENSI,  Gell.  xvi.  10.  From  this  time,  and  perhaps  be- 
fore, the  four  city  tribes  began  to  be  esteemed  less  honourable  than 
the  thirty-one  rustic  tribes ;  and  some  of  the  latter  seem  to  have 
been  thought  more  honourable  than  others,  Ctc.  pro  Balbo^  25.  P/ui. 
xvii.  3.  Hence,  when  the  censors  judged  it  proper  to  degrade 
a  citizen,  they  removed  him  from  a  more  honourable  to  a  less 
honourable  tribe,  (tribu  movebant ;)  and  whoever  convicted  any  one 
of  bribery,  upon  trial,  obtained  by  law  as  a  reward,  if  he  chose,  the 
tribe  of  the  person  condemned,  Cic.  ibid. 

The  rustic  tribes  had  their  names  from  some  place ;  as,  Tribus 
AnienHs^  ArniensiSf  Cluvia^  Crustumina,  /b/enna,  Lemonta^  Macia^ 
PomptinOf  Quirmaf  Romilia,  Scaptia,  &c.  or  from  some  noble 
family ;  as,  AimiHa^  Claudia^  Clutniia^  Comeliaj  Fabia^  HoratiOy  Ju- 
lia^  Mvnuda^  Papina^  Scrgia,  Terentina^  Veiuria^  &c. 

Sometimes  the  name  of  one's  tribe  is  added  to  the  name  of  a  per- 
son, as  a  surname ;  thus,  L.  Albius  Sex.  F.  Quiritia^  Cic  Quint.  6. 
M.  OppiuSf  M.  F.  Terentina,  Cic.  Fam.  viii.  8.  Att.  iv.  16. 

The  Comitia  Tribuia  began  first  to  be  held  two  years  after  the 
creation  of  the  tribunes  of  the  people,  A.  U.  263,  at  the  trial  of  Co- 
riolanus,  Dionys.  vii.  59.  But  tney  were  more  frequently  assembled 
after  the  year  282,  when  the  Publilian  law  was  passed,  that  the  Pie. 

12 


W  ROMAN  ANTIQUITIES. 

heim  magnlrates  dioald  be  created  at  the  ComUia  TrilnUa,  lA^f.  ii. 

56. 

The  Comiia  Tribuia  were  held  to  create  magistrates,  to  elect  cer- 
tain priests,  to  make  laws,  and  to  hold  trials. 

At  theCifmi^ta  Tributa  were  created  all  the  inferior  city  magis- 
trates,  as  the  iEdiles,  botl^Curule  and  Plebeian,  the  tribunes  of  the 
commons,  quaestors,  &c. ;  all  the  provincial  magislrateSf  as  the  pro- 
consuls, propraetors,  &c. ;  also  commissioners  for  settling  colonies, 
&c. ;  the  Ponlifex  Maximus^  and  after  the  year  650,  the  other  ©on- 
tifices.miguresftciaUs,  &c.  by  the  Domitian  law.  Suet  Jfer.  2.  For, 
before  that,  the  inferior  priests  were  all  chosen  by  their  respective 
colleges,  (a  collegiis  suis  cooplabantur,)  But  at  the  election  of  the 
ponlifex  maximus,  and  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,  Cic.  Rull.  ii.  7. 

The  laws  passed  at -these  comitia  were  called  PLEBISCITA, 
(qu(B  plebs  suo  suffragio  sine  pairibus  jussil,  plebeio  magistnUu  ro- 
ganie^  Festus,)  which  at  first  only  bound  the  Plebeians,  but  after 
the  year  30^  the  whole  Roman  people,  Liv.  iii.  55. 

Plebiscita  were  made  about  various  thioffs:  as  about  making 
peace,  Liv.  xxxiii.  10.  about  granting  the  freedom  of  the  city,  about 
ordering  a  triumph  when  it  was  rerased  by  the  senate,  Liv,  iii.  63. 
about  bestowing  command  on  generals  on  the  day  of  their  triumph, 
.£*to.  xxvi.  21.  about  absolving  from  the  laws,  which  in 'later  times 
the  senate  assunied  as  its  prerogative,  Ascon,  in  Cic,  ad  ComeL  &c 

There  were  no  capital  trials  at  the  Comitia  Tributa  ;  these  were 
held  only  at  the  Centuriata :  but  about  imposing  a  fine  ;  Liv,  iv.  41. 
And  if  any  one  accused  of  a  capital  crime  did  not  appear  T)n  the  day 
of  trial,  the  Comitia  Tributa  were  suflScient  to  decree  banishment 
against  him,  {id  ei  justum  exilium  esse  scivit  plebs,)  Liv.  xxvL  3. 
XXV.  4. 

All  those  might  vote  at  the  Comitia  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, 
Iav.  xIv.  15.  Some  had  two  tribes ;  one  in  which  they  were  bom, 
and  another,  either  by  right  of  adoption,  as  Augustus  had  the  Fabi- 
an and  Scaptian  tribes,  Suet.  Aug,  40.  or  as  a  reward  for  accusing 
one  of  bribery,  {le^  de  amhitu  prmmio^  Cic.  pro  Balbo.  25. 

At  the  ComUia  Tributa  the  votes  of  all  the  citizens  were  of  equal 

force,  and  therefore  the  patricians  hardly  ever  attended  them.     On 

which  account,  as  some  think,  they  are  said  to  have  been  entirely 

excluded  from'  them,  Uv.  ii.  56  &  60.    But  about  this  writers  are 

.  not  agreed. 

The  comiiia,  for  creating  tribunes  and  plebeian  aediles,  were  held 

by  one  of  the  tribunes,  to  whom  that  charge  was  given,  either  by 

lot  or  by  the  consent  of  his  colleagues ;  Uv.  iii.  64.  but  for  creating 

curule  aediles  and  other  inferior  magistrates,  by  the  consul,  dictator, 

•  ^^  bT^^  ^"bunes ;  for  electing  priests,  by  the  consul  only,  Cic, 


TIIE  COMITIA  CENTURUTA,  Ac.  91 

The  Comiiia  TrUnHaf  for  passing  laws  and  for  trials,  were  held 
by  the  consuls,  prsetors,  or  tribunes  of  the  commons.  When  the 
consul  was  to  hold  them,  he  by  his  edict  summoned  the  whole  Ro- 
nmn  people ;  but  the  tlikunes  summoned  only  the  plebeians,  GelL 
XV.  17.  .  Hence  they  are  sometimes  called  comMa/^opu/t,  and  some- 
times  concilium  plebia :  in  the  one  the  phrase  wbs  populua  jussii^  in 
the  other  plebs  sciviL    But  this  distinction  is  not  always  observed. 

The  Comiiia  Tributa^  for  electing  magistrates,  were  usually  held 
in  the  Campus  Martiiis ;  Cic.  AiL  i.  1.  iv.  3.  £p.  Fam.  vii.  SM).  but 
for  passing  laws  and  for  trials,  commonly  in  the  fo)*um ;  sometimes 
in  the  capitol ;  Iav.  zxziii.  10.  and  sometimes  in  the  circtis  Flami- 
tmUf  Liv.  xxvii.  21.  anciently  called  prata  flaminiaf  or  circus  Ap^ 

toliiuiris  ;  Id.  iii.  63.  where  also  Q.  Furius,  the  Pontifex  Maximust 
eld  the  comitia  for  electing  the  tribunes  of  the  commons,  after  the 
expulsion  of  the  Dtcemviri^  Liv.  iii.  54. 

In  the  forum,  there  were  separate  places  for  each  tribCi  marked 
out  with  ropes,  Dionye,  vii.  59. 

In  the  Campus  Martius,  Cicero  proposed  building,  in  Ceesar's 
name,  marble  enclosures  (sepia  marmorea,)  for  holding  the  Comiiia 
Trihuia,  Cic  Att.  iv.  16.  which  work  was  prevented  by  various 
causes,  and  at  last  entirely  dropped  upon  the  breaking  out  of  the 
civil  wars ;  but  it  was  afterwards  executed  by  Agrippa,  Dio.  liii.  23. 
Plin.  xvi.  40. 

The  same  formalities  almost  were  observed  in  summoning  and 
holding  the  Comiiia  Tribuia  as  in  the  other  comiiia,  only  it  was  not 
requisite  for  them  to  have  the  authority  of  the  senate,  or  that  the 
auspices  should  be  taken.  But  if  there  had  been  thunder  or  light- 
ning, {si  ionuissei  aui  fulgurasset,)  they  could  not  be  held  that  di^. 
For  it  was  a  constant  rule  from  the  beginning  of  the  republic,  Jove 
rcLGBNTE,  CUM  POPULO  Aoi  NBFAS  ESSE,  Ctc.  in  Voiin,  8.  Comitio^ 
rum  solum  viiium  eslfulmen^  Id.  de  Div.  ii.  18. 

The  Comiiia  Tribuia  for  electing  magistrates,  after  the  year  598, 
were  held  about  the  end  of  July,  or  the  beginning  of  August ;  for 
electing  priests,  when  there  was  a  vacancy,  and  for  laws  and  trials 
on  all  comitial  days. 

Julius  Caesar  first  abridged  the  liberty  of  the  comt7ta.  He  shared 
the  right  of  creating  magistrates  with  the  people  ;  so  that,  except 
the  competitors  for  the  consulship,  whose  choice  he  solely  deter- 
mined himself,  the  people  chose  one  half,  and  he  nominated  {edebai) 
the  other.  This  he  did  by  billets  dispersed  through  the  several 
tribes  to  this  effect,   CiEdAR  Dictator  illi  tribuu     Commendo 

VOBIS    ILLUM,    ET    ILLUH,    UT    VESTRO    SUrrRAtilO    SUAM    DIGNITATEM 
tENEANT,  Suei.  C(BS,  41. 

Augustus  restored  this  manner  of  election,  after  it  had  been  drop- 
ped for  some  time  during  the  civil  wars  which  followed  Caesar^s 
death,  Suet.  Aug.  40.  Dio.  liii.  21. 

Tiberius  deprived  the  people  altogether  of  the  right  of  election, 
Juvenal,  x.  71.  and  assuming  the  nomination  of  the  consuls  to  him- 
seU;  Ovid.  Poni.  iv.  9.  67.  he  pretended  to  refer  the  choice  of  the 


93  ROMAN  ANTIQUITIES. 

other  magistrates  to  the  senate,  but  in  fact  determined  the  whole 
according  to  his  own  pleasure;  Tacit.  Arm.  i.  15.  Dio.Cass.  Iviii. 
20.  Caligula  attempted  to  restore  the  right  of  voting  to  the  people, 
but  without  any  permanent  effect^  SueU  Calig.  16.  ^he  comtifit^ 
bowevert  were  still  for  form's  sake  retained.  And  the  magistrates, 
whether  nominated  by  the  senate  or  the  prince,  appeared  in  the 
Campus  Martins,  attended  by  their  friends  and  connexions,  lind 
were  aN)ointed  to  th^ir  office  by  the  people,  with  the  usual  solem- 
nities, rim.  Pantg.  63. 

But  the  method  of  appointing  magistrates  under  the  Emperors, 
seems  to  be  involved  in  uncertainty.  Suet.  Ca9. 40. 76.  80.  Aug.  40. 
56.  JVer.  43.  Vit.  11.  Vesp.5.  Dom.  10.  TacU.Ann.  I  15.  Hist. 
i.  77.  as  indeed  Tacitus  himself  acknowledges,  particularly  with  re- 
spect to  the  consuls,  Annal.  i.  81.  Sometimes,  especially  under 
good  emperors,  the  same  freedom  of  canvassing  was  allowed,  and 
the  same  arts  practised  to  ensure  success,  as  under  the  republic, 
Plin.  Ep.  vi.  6. 9.  viii.  23.  Trajan  restrained  the  infamous  lai^sses 
of  canoidates  by  a  law  against  bribery,  (ambit&s  lege;)  and  by  or- 
daining, that  no  one  should  be  admitted  to  sue  for  an  office,  who 
bad  not  a  third  part  of  his  fortune  in  land,  which  greatly  raised  the 
value  of  estates  in  Italy,  Id.  vi.  19.  When  the  right  of  creating 
magistrates  was  transferred  to  the  senate,  it  at  first  appointed  them 
by  open  votes  ;  {apertis  refragiis)  but  the  noise  and  disorder  which 
this  sometimes  occasioneo,  made  the  senate,  in  the  time  of  Trajan, 
adopt  the  method  of  balloting,  {ad  taciia  suffragia  decurrerei^  Flin. 
Ep.  iii.^20.  which  also  was  found  to  be  attended  with  inconveniences, 
wnich  Plin^  says,  the  Emperor  alone  could  remedy.  Id.  iv.  25« 
Augustus  followed  the  mode  of  Julius  Csesac  at  the  Comitia^  Dio. 
lih.  21.  although  Maecenas;  whose  counsel  he  chiefly  followed,  ad- 
vised him  to  take  this  power  altogether  from  the  people,  Dio.  lii.  30. 
As  oflen  as  he  attended  at  the  election  of  magistrates,  he  went  round 
the  tribes,  with  the  candidates  whom  he  recommended,  (ctim  suis 
candidatisj)  and  solicited  the  votes  of  the  people  in  the  usual  man- 
ner. He  himself  gave  his  vote  in  his  own  tnbe,  as  any  other  citi- 
zen, {tU  laius  e  poptdoi)  Suet.  Aug.  56. 

\  ROMAN  MAGISTRATES. 

Different  forms  of  Government^  and  different  Magistrates  at  different 

times. 

Rome  was  first  governed  by  kings ;  but  Tarquin,  the  7th  king,  be- 
ing expelled  for  his  tyranny,  A.  U.  244,  the  regal  government  was 
abolished,  and  two  supreme  magistrates  were  annually  created  in 
place  of  a  king,  called  CONSULS.  In  dangerous  conjunctures  a 
DICTATOR  was  created  with  absolute  authority ;  and  when  there 
was  a  vacancy  of  magistrates,  an  INTERREX  was  appointed  to 
elect  new  ones. 

In  the  year  of  the  city  301,  Liv.  iiL  33.  or,  according  to  others^ 


ROMAN  MAGISTRATES.  OS 

902,  in  place  of  consuls,  ten  men  (DECEMVIRI)  were  choeen  to 
draw  op  a  body  of  laws,  {ad  leges  scribehdas,)  But  their  power 
lasted  only  two  years;  and  the  Qonsular  government  was  again 
restored. 

As  the  consuls  were  at  first  chosen  only  from  the  Patricians,  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  su- 
preme magistrates  should  be  annually  created ;  three  from  the  Pa- 
tricians, and  three  from  the  Plebeians ;  who  were  called  MILITARY 
TRIBUNES,  {Tribuni  milUum  consulari  potestaU,)  Pionys.  xi.  60. 
There  wejre  not,  however,  always  six  tribunes  chosen;  some- 
times only  three,  lAv,  iv.  6.  16.  25  and  42.  sometimes  fomv 
ib.  31.  35  &  44*  and  sometimes  even  eight,  Id.  v.  1.  Nor  was 
one  half  always  chosen  from  the  Patricians,  and  another  half 
from  the  Plebeians.  They  were,  on  the  contrary,  usually  all  Pa- 
tricians ;  Id,  iv.  25.  44.  50.  &c.  seldom  the  contrary,  Im,  v.  12L 
13.  18.  vi.  30.  For  upwards  of  seventy  years,  sometimes  consuls 
were  created,  and  sometimes  military  tribunes,  as  the  influence  of 
the  Patricians  or  Plebeians  was  superior,  or  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  power  remain- 
ed in  the  hands  of  the  consuls  till  the  usurpation  of  Sylla,  A.  U.  07% 
who,  having  vanquished  the  party  of  Manus,  assumed  to  himself  ab- 
solute authority  under  the  title  of  Dictator,  an  office  which  had  been 
disused  above  120  years.  But  Sylla  having  voluntarily  resigned  his 
power  in  less  than  three  years,  the  consular  authority  was  asain  re- 
stored, and  continued,  till  Julius  Csesar,  having  defeated  rompey 
at  the  battle  of  Pharsalia,  and  having  subdued  the  rest  of  his  oppo- 
nents, in  imitation  of  Sylla,  caused  himself  to  be  created  perpetual 
dictator,  and  oppressed  the  liberty  of  his  country,  A.  U.  7()6.  After 
this  the  consular  authority  was  never  again  completely  restored.  It 
was  indeed  attempted,  after  the  muiSer  of  dsesar,  in  the  senate- 
house  on  the  ides  ofivMarch,  A.  U.  710.  by  Brutus  and  Cassius  and 
the  other  conspirators ;  but  M.  Antonius,  who  desired  to  rule  in 
CiBsar's  room,  prevented  it.  And  Hirtius  and  Pansa,  the  consuls 
of  the  following  year,  being  slain  at  Mutina,  Octavius,  who  was  af- 
terwards called  Augustus,  Antony,  and  Lepidus,  shared  between 
them  the  provinces  of  the  republic,  and  exercised  absolute  power 
under  the  title  of  TRIUMVIRI  reipublica  constUuendcB. 

The  combination  between  Pompey,  Csesar,  and  Crassus,  com- 
monly called  ibe  first  triumvirate^  which  was  formed  by  the  contri- 
vance of  CsBsar,  in  the  consulship  of  Metellus  and  Afranius,  A.  U. 
693.  VelL  Pat.  ii.  44.  Horat.  Odd.  ii.  1.  is  justly  reckoned  the  ori^ 
nal  cause  of  this  revolution,  and  of  all  the  calamities  attending  it 
For  the  Romans,  by  submitting  to  their  usurped  authority,  showed 
that  they  were  prepared  for  servitude.  It  is  the  spirit  of  a-natiott 
alone  which  can  preserve  liberty.    When  that  is  sunk  by  general 


94  ROMAN  ANTIQUITIES. 

corruption  of  morals,  laws  are  but  feeble  restraints  against  the  en- 
croachments of  power.  Julius  Cssar  would  never  have  attempted 
what  he  effected,  if  he. had  not  perceived  the  character  of  the  Ro- 
man people  to  be  favourable  to  his  designs. 

After  the  overthrow  of  Brutus  and  Cassius  at  the  battle  of  Phi- 
lippi,  A.  U.  712.  Augustus  on  a  slight  pretext  deprived  Lepidus  of 
his  command,  and  having  vanquished  Antony  in  a  8ea-6ght  at  Ac- 
tium,  became  sole  master  of  the  Roman  empire,  A.  U.  723.  and 
ruled  it  for  many  years,  under  the  title  of  PRINCE  or  EMPEROR, 
{Prbiceps  vei  mptrator,)  The  liberty  of  Rome  was  now  entirely 
extinguished ;  and,  although  Augustus  endeavoured  to  establish  a 
civil  monarchy,  the  government  perpetually  tended  to  a  military 
despotism,  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,  lAv.  iv.  4. ;  but  as  they,  being  engaged 
almost  m  continual  wars,  could  not  properly  attend  to  civil  affairs^ 
various  other  magistrates  were  appointed  at  different  times,  prastors, 
censors,  sodiles,  tribunes  of  the  ceremonies,  &c.  ib.  Under  the  em- 
perors, various  new  magistrates  were  institute. 

Of  MAGISTRATES  in  GeneraL 

A  MAGiSTRATA  is  a  pcrson  invested  with  public  authority,  Magis* 
iratus  est,  qui  prcesit^  Cic.  de  Legg.  iii.  1.  Dicitur  magistratus  a 
magislro.     Magister  autem  est,  qui  plus  aliii  potest^  Festus.) 

The  office  of  a  magistrate  in  the  Roman  republic  was  difierent 
from  what  it  is  among  us.  The  Romans  had  not  the  same  discrimi- 
nation betwixt  public  employments  that  we  have.  The  same  per- 
son might  i^egulate  the  police  of  the  city,  and  direct  the  affairs  of 
the  empire,  propose  laws,  and  execute  them,  act  as  a  judge  or  a 
priest,  and  command  an  army,  Liv,  x.  29.  et  alibi  passim^  The  ci» 
vil  authority  of  a  magistrate  was  called  magistratus  or  potesiaSf  his 
judicative  power  jurisdiction  and  his  military  command  itnperium. 
Anciently  all  mamstratcs,  who  had  the  command  of  an  army,  were 
called  PRiETOHES ;  (vel  quod  azteros  prcdrentf  vet  quod  atiis 
prcMssenl,  Ascon.  in  Cic.) 

MAGISTRATUS  either  signifies  a  magistrate  ;  as,  Magislrahu 
jwsit ;  or  a  magistracy  ;  as,  Tixio  magistratus  datus  est^  Festus. 
So  POTESTAS  ;  as  Habere  potestatem^  gerere  potestatesj  esse  in  v. 
ctim  potestate,  to  bear  an  office  ;  Gabiorum  esse  potesiasj  to  be  a  ma* 

?;istrate  of  Gabii,  Juvenal  x.  99.  Jurisdictionem  tantutn  in  urbe  de^ 
egari  magistratihus  solitam^  etiam^  per  provincictSj  potest ati bus 
demandavitf  Suet.  Claud.  24.  Magistratus  was  properly  a  civil 
magistrate  or  magistracy  in  the  city ;  and  Potestas  in  the  pro- 
vinces {MagistratuSf  vel  is^  qui  in  potestaie  aliqud  sit^  ut  putd  pro^ 
consul,  vel  prator^  vel  alii,  qui  provincias  regunty  Ulpian.)  Bat  this 
distinction  is  not  always  observed,  Sallust.  Jug.  63. 

When  a  magistrate  was  invested  with  military  command  by  the 


ROMAN  MAGISTRATES.  &5 

pecq;>le,  in  whose  power  only  it  wai«  he  was  said  esse  in  ▼.  atm  im^ 
periOf  injusto  ▼.  summo  imperio.  {Cum  imperio  use  didiur  ad  vuh 
minalvn  est  a  pcpulo  mandaium  imptritan^  Festus.)  Thus,  Absiinen' 
tiam  neque  in  imperiisy  neque  in  magisiraiUfus  pntatiiil^  i.  e.  negue 
ctan  exercitiii  pr<temt  fy  jus  belli  gereridi  Aa6eref,  neque  cUm  munera 
civilia  in  urbe  gerret^  Suet  Caes.  54.  J^Teniine  cum  imperio  (military 
conmoanch  aut  magistralu  (civil  authority,)  iendente  qudquam^  quin 
Rhodum  aiverterel^  Id.  Tib.  12.  So  magistraius  &  imperia  capere^  to 
enjoy  offices  civil  and  military,  Id.  Obs.  75.  But  we  find  Esse  in  im- 
perioy  simply  for  Esse  consulem,  Li  v.  iv.  7.  and  all  those  magistrates 
were  said  Habere  imperium^  who  held  great  authority  and  power :) 
(qui  et  coercere  aliquem  possent^  etjubere  in  career  em  duci^  Paull.  L 
2.  ff.  de  in  jus  vocando,)  as  the  dictators,  consuls,  and  praetors. 
Hence  they  were  said  to  do  any  thing  pro  imperioy  LiV.  ii.  56.  to 
which  Terence  alludes,  Phorm^  i.  4.  19.  whereas  the  inferior  ma- 
gistrates, the  tribunes  of  the  commons,  the  sediles,  and  quaestors^ 
were  said  esse  sine  imperio^  and  to  act  only  pro  potesiate^  Liv.  ii.  56. 
iv.  26.  Sometimes  potestas  and  imperium  are  joined :  thus,  Togaius 
in  republicd  cum  polestate  imperioque  versatu^  est^  Cic.  Phil.  i.  7. 

Division  of  MAGISTRATES. 

Tub  Roman  magistrates  were  variously  divided ;  into  ordinary 
and  extraordinary y  greater  and  less^  curule  and  not  curuie  ;  also,  into 
patrician  and  plebeian^  city  and  provincial  magistrates. 

The  MA6I8TRATUS  ORDINARII  were  those,  who  were  ere- 
ated  at  stated  times,  and  were  constantly  in  the  republic ;  the  £X- 
TRAORDINARII  not  so. 

The  MAGISTRATUS  MAJORES  were  those  who  had,  what 
were  called,  the  greater  auspices,  (qua  minoribus  magistrata  essentj 
Gell.  xiii.  15.)  The  magistratus  majores  ordinarii  were  the  consuls, 
pnetors^  and  censors,  who  were  created  at  the  Comitia  Centur'mta : 
The  extraordinarii  were  the  .dictator,  the  master  of  the  horse,  {ma^ 
gister  equitum^)  the  interrex,  the  prefect  of  the  city,  &c. 

The  MAGISTRATUS  MINORES  ORDINARII  were  the  tri- 
bunes of  the  commons,  the  aediles,  and  quaestors :  EXTRAORDI- 
NARII, the  prafectns  annonas^  duumviri  navales,  &c. 

The  MAGISTRATUS  CURULES  were  those,  who  had  the 
right  of  using  the  sella  curulis  or  chair  of  state,  namely,  the  dicta- 
tor, the  consuls,  praetors,  censors,  and  curule  sediles.  All  the  rest, 
who  had  not  that  right,  were  called  NON  CURULES,  {Cundes 
magistratus  appellati  sunt,  quia  curru  vehebantur,  Festus :  In  quo  cur* 
ru  sella  curulis  erat,  supra  quam  consider ent,  Gell.  iii.  18.)  The  seU 
la  curulis  was  anciently  made  of  ivory,  or  at  least  adorned  with 
ivory ;  hence  Horace  calls  it,  curule  ebur,  Ep.  i.  6.  53.  The  magis- 
trates sat  on  it  in  their  tribunal  on  all  solemn  occasions. 

In  the  beginning  of  the  republic,  the  magistrates  were  chosen  on- 
ly from  the  Patricians,  but  in  process  of  time  also  from  the  Plebeians, 
except  the  interrex  alone,  {quern  et  ipsum  patricium  esse,  et  a  patri* 


06  ROMAN  ANTIQUITIES. 

€tjt  prodif  necessBf  erat,  Cic  pro  Domo.  14)  The  Plebeian  magifl- 
trates  were  the  sediles  and  tribunes  of  the  commons. 

Anciently  there  was  no  certain  age  fixed  for  enjoying  the  different 
offices,  Cic.  Phil.  v.  17.  A  law  was  first  made  for  this  purpose  (LEX 
ANNALIS)  by  L.  Villius,  or  (L.  Julius,)  a  tribune  of  the  commons, 
A.  U.  573,  whence  his  family  got  the  surname  of  annalss,  Iav.  xL 
43.  although  there  seems  to  have  been  some  regulation  about  that 
matter  formerly,  Id.  xxv.  3.  What  was  the  year  fixed  for  enjoying 
each  office  is  not  fully  ascertained.  See  p.  V2.  It  is  certain  that 
the  prsetorship  used  to  be  enjoyed  two  years  after  the  asdileship, 
Cic.  Famil.  x.  25.  and  that  the  43d  was  the  year  fixed  for  the  con- 
qulship,  Cic.  Phil.  ▼.  17.  If  we  are  to  judge  from  Cicero,  who  fre- 
quently boasts  that  he  had  enjoyed  every  office  in  its  proper  year, 
($e  sito  quemque  magistrattmi  anno  gessisse,)  the  years  appointed  for 
the  different  offices  by  the  lex  Villia  were,  for  the  qusstorship  thir- 
tv-one,  for  the  aedileship  thirty-seven,  for  the  proctorship  forty,  and 
for  the  consulship  forty-three.  But  even  under  the  republic,  popu- 
lar citizens  were  freecl  from  these  restrictions,  ibid,  and  the  empe- 
rors granted  that  indulgence  {annos  remitubant)  to  whomsoever  they 
pleased,  Plin.  Ep.  vii.  16.  or  the  senate  to  gratify  them,  Dio.  liii.  28. 
The  lex  annalis,  however,  was  still  observed,  Plin.  Ep,  iii.  20. 

It  was  ordained  by  the  law  of  Romulus,  that  no  one  should  enter 
on  any  office,  unless  the  birds  should  give  favourable  omens :  and 
bjr  the  CORNELIAN  LAW,  made  by  Sulla,  A.  U.  673.  that  a  cer: 
tain  order  should  be  observed  in  obtaining  preferments ;  that  no  one 
should  be  praetor  before  being  quaestor,  nor  consul  before  being 
praetor :  nor  should  enjoy  the  same  office  within  ten  years,  nor  two 
different  offices  in  the  same  year,  J^ppian.  de  Bell.  Civ.  i.  p.  412.  Iav. 
xxxii.  7.  Cic.  Phil.  xi.  5.  Liv.  viii.  40.  But  these  regulations  also 
were  not  scrictly  observed. 

All  ma^strates  were  obliged,  within  five  days  after  entering  on 
their  office,  to  swear  that  they  would  observe  the  laws,  (m  leges  j%h 
rare  ;)  Liv.  xxxi.  5.  and  after  the  expiration  of  their  office,  they 
might  be  brought  to  a  trial,  if  they  had  done  any  thing  amiss,  Idv. 
xxxvii.  57.  Suet.  Jul.  23. 

KIMiS. 

Rome  was  at  first  governed  by  kings,  not  of  absolute  power  nor 
hereditary,  but  limited  and  elective.  They  had  no  legislative  au- 
thority, and  could  neither  make  war  nor  peace  without  the  concur- 
rence of  the  senate  and  people,  Dioni/s.  ii.  13.  Sallust.  Catilin.  6. 

The  kings  of  Rome  were  also  priests,  and  had  the  chief  direction 
of  sacred  things,  Dionys.  ii.  14.  as  among  the  Greeks.  Virg.  JEtu 
iii.  80.  Cic.  Divin.  i.  40. 
,  The  bad^s  of  the  kings  were  the  Trabea^  i.  e.  a  white  robe  adorn* 
ed  with  stripes  of  purple,  or  the  toga  prcttexta^  a  white  robe  fringed 
with  purple,  a  golden  crown^  an  ivory  sceptre^  the  sella  curulis,  and 


ORDINARY  MAGISTRATES.  Vt 

twelve  lietorSf  with  theftisces  and  t eciiret,  L  e.  carryiqff  each  of  Ibem 
a  bundle  oF  rods,  with  an  axe  stuck  in  the  middle  of  them* 

The  badges  of  the  Roman  magistrates  were  borrowed  from  the 
Tuscans,  Idv.  i.  8.  Flor.  i.  5.  SalL  Cat  Sl.^n.  Diotn/s.  iii.  61.  Sirab, 
V./I.220. 

According  to  Pliny,  Romulus  used  only  the  trabea.  The  ioga 
prcBttxia  was  introduced  by  Tullus  Uostilius,  and  also  the  latu»  cm* 
vusy  after  he  had  conquered  the  Tuscans,  Plin.  ix.  39.  s.  63.  yiii,  48. 
8.  74. 

The  regal  sovemment  subsisted  at  Rome  for  243  years,  under 
seven  kims,  Komulus^  Numa  PompUius^  Tullus  HostiliuSf  Ancu$ 
Marcius^  £,  Tarquinius  Priscus^  Servius  Tullius^  and  L»  TarguiniuSf 
surnamed  SUPERBUS,  from  his  behaviour :  all  of  whom,  except 
the  last,  so  reigned,  that  they  are  justly  thought  to  have  laid  the 
foundations  of  the  Roman  greatness,  liv.  ii.  1.  Tarquin  being  uni- 
versally  detested  for  his  tyranny  and  cruelty,  was  expelled  the  cit^ 
with  his  wife  and  family,  on  account  of  the  violence  ofiered  by  his 
SCO  Sextus  to  Lucrotia,  a  noble  lady,  the  wife  of  CoIlatinu&  This  re- 
volution was  brought  about  chiefly  by  mean#of  L.  Junius  Brutus. 

The  haughtiness  and  cruelty  of  Tarquin  inspired  the  Romans  with 
the  greatest  aversion  to  regal  government,  which  they  retained  ever 
afterwards.  Hence  regie  factref  to  act  tyrannically,  regU  spiriiuSf 
regia  superbia^  &;c. 

The  next  in  rank  to  the  king  was  the  TRIBUNUS,  or  PILEFEC- 
TUS  CELERUM,  who  commanded  the  horse  under  the  kin^,  as 
afterwards  the  mqgister  equUem  did  under  the  dictator. 

When  there  was  a  vacancy  in  the  throne,  (INTERREGNUM,) 
which  happened  for  a  whole  year  after  the  death  of  Romulus,  on 
account  of  a  dispute  betwixt  the  Romans  and  i9abines,  about  the 
choice  of  a  successor  to  him,  the  senators  shared  the  government 
among  themselves.  They  appointed  one  of  their  number,  who 
should  have  the  chief  direction  of  affairs,  with  the  title  of  INTER- 
REX,  and  all  the  ensigns  of  royal  dignity  for  the  space  of  five  days ; 
after  him  another,  and  then  another,  till  a  king  was  created,  Liv^  u 
17.     Dionys.  ii.  57. 

Afterwards  under  the  republic  an  interrex  was  croated  to  hold  th^ 
elections,  when  there  were  no  consuls  or  dictator ;  lAv.  iii.  55.  which 
happened  either  by  their  sudden  death,  or  when  the  tribunes  of  the 
commons  hindered  the  elections  by  their  intercession,  Liv.  vL  35. 

4 

OROmARY  MAGISTRATES. 

I.  CONSULS. 

1.  Tht  first  Creation^  diferetU  names,  and  badges  of 

CONSULS. 

After  the  expulsion  of  the  kings,  A.  U.  244.  two  supreme  majps- 
trates  were  annually  created  with  equal  authority ;  th«t  they  might 

13 


98  ^    ROMAN  ANTIQUITIEe. 

restrain  one  another,  and  not  become  insolent  by  the  length  of  their 
command,  Cic.  post  red.  in  Sen.  4.  Eutrop.  i.  9.  ^ 

They  were  anciently  called  PRiETORES,  Liv.  iii.  55.  Feshu  ; 
also  Imperatores,  Sallutt.  Cat.  6.  or  JUDICES,  Varro.  de  LaU 
Ling.  V.  7.  Liv.  iii.  55.  ;afterwBrd8  CONSULES,  either  from  their 
consultim?  for  the  good  of  the  state,  (a  rdpiMicm  amsuUndOf)  Cic. 
Pis.  10.  Flor.  i.  9.  or  from  consulting  the  senate,  (a  consuUndo  se* 
natum^)  Cic.  de  Legg.  iii.  3.  and  people,  Varr.  L,  L.  iv.  t4.  or  from 
their  acting  as  judges,  (ajudicando^  Quinctilian.  i.  9.  From  their 
possessing  supreme  command,  the  Greeks  called  them  ^TIIATOI. 

If  one  of  the  consuls  died,  another  was  substituted  {subrogatu»  vel 
tuffectus  esty)  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  consifls  were  the  same  with  those  of  the  kines, 
except  the  crown ;  namely,  the  toga  prtBtexta^  sella  curulisy  me 
sceptre  or  ivory  staff,  {scipio  ehurneus,)  and  twelve  lictors  with  the 
fasces  and  secures. 

Within  the  city  tl^  lictors  went  before  one  of  the  consuls, 
Liv.  ii.  1.  and  that  commonly  for  a  month  alternately  (mensibus  al* 
temis).  A  public  servant,  called  accensus^  went  before  the  other 
consuls,  and  the  lictors  followed ;  which  custom,  after  it  had  been 
long  disused,  Julius  Caesar  restored  in  his  first  consulship.  Suet.  Jul. 
20.  He  who  was  eldest,  or  had  most  children,  or  who  was  first 
elected,  or  had  most  suffrages,  had  the  fasces  first,  Geli.  ii.  15.  Liv. 
ix.  8.  According  to  Dionysius  the  lictors  at  first  preceded  both 
consuls,  and  were  restricted  to  one  of  them  by  Uie  law  of  Valerius 
Poplicola,  lib.  v.  2.  We  read  in  livy,  of  24  lictors  attending  the 
consuls,  ii.  55.  but  this  must  be  understood  without  the  city. 

2.  7%€  Power  of  the  CONSULS. 

As  the  consuls  at  first  had  almost  the  same  badges  with  the  kings, 
so  they  had  nearly  the  same  power,  Liv.  ii.  1.  But  Valerius,  called 
POPLICOLA,  (o  populo  colendo,)  took  away  the  securis  from  the 
fasces  {securim  fascibus  ademit^)  i.  e.  he  took  from  the  consuls  the 
power  of  life  and  death,  and  only  left  them  the  right  of  scourging,  at 
least  within  the  city,  Dionys.  v.  19.  for  without  the  city,  when  in- 
vfested  with  militaiy  command,  they  still  retained  the  secwris^  i.  e. 
the  right  of  punishing  capitally,  Liv.  xxiv.  9.  Dionys.  v.  59. 

When  the  consuls  commanded  different  armies,  each  of  them  had 
ihe  fasces  and  securis  ;  but  when  they  both  commanded  the.same 
army,  they. commonly  had  them  for  a  day  alternately,  altemisimpt' 
ritabant,)  Liv.  xxii.  41. 

Poplicola  Hkewise  made  a  law,  granting  every  one  the  liberty  of 
appealing  from  the  consuls  to  the  people  ;  and  that  no  magistrate 
should  be  permitted  to  punish  a  Roman  citizen  who  thus  appealed ; 
Liv.  ii.  8.  which  law  was  afterwards  once  and  again  renewed,  and 
alwavs  by  persons  of  the  Valerian  family,  Id.  iii.  55.  x.  9.  But  this 
privilege  was  also  enjoyed  under  the  kings,  Liv.  i.  26.  viii.  35. 


qpNSULS.  99 

BopGcola  likewise  ordained»  that,  when  the  consuls  came  into  an 

isembly  of  the  ^ple«  the  lictors  should  lower  HaRfastea  in  token 
of  respect ;  Liv.  u.  7.  and  also  that,  whoever  usuiped  an  office  with- 
out the  consent  of  the  people,  might  be  slain  with  impunity,  Dionvs. 
y»  1ft  But  the  power  of  the  consuls  was  chiefly  diminished  by  tne 
creation  of  the  tribunes  of  the  commons  ;  who  had  a  risht  to  give  a 
negative  to  all  their  proceedings,  {omnibus  actis  intercedere.)  .  Still, 
however*  the  power  of  the  consuls  was  very  great,  and  the  consul- 
ship was  considered  as  the  summit  of  all  popular  preferment,  (Aono- 
rumpopulijimaf)  Cic  pro  Plane  25. 

The  consuls  were  at  the  head  of  the  whole  republic,  Cicpro  Mur. 
SSL  All  the  other  magistrates  were  subject  to  them,  except  the  tri- 
bunes of  the  commons.  They  assembled  the  people  and  the  senate, 
laid  before  them  what  they  pleased,  and  executed  their  decrees. 
The  laws  which  theyproposed  and  got  passed,  were  commonly  call- 
ed by  their  name.  They  received  all  letters  from  the  governors  of 
provinces,  and  from  foreign  kings  and  states,  and  gave  audience  to 
ambassadors.  The  year  was  named  after  them,  as  it  used  to  be  at 
Athens  from  one  of  the  Archons,  Ctc.  de  Fat.  9.  Thus,  M.  Tullio 
Cicerone  ti  JU  Antonio  Coniu/t6ta,  marked  the  690th  year  of  Rome. 
Hence  numerare  multos  conndetf  for  annos,  Sen.  Ep.  4.  Bis  jam 
pane  tibi  constd  trigenmus  instat,  You  are  near  sixty  years  (dd,  JMisr- 
tiaL  i.  16.  3.  And  the  consuls  w^re  said,  Aptrirt  annvm^  fastosqm 
reseraref  Plin.  Pan.  58. 

'  He  who  had  most  suffi^s  was  Called  CONSUL  PRIOR,  and 
his  name  was  marked  first  in  the  calendar,  (in  fastis,)  He  also  had 
the  fasces  first,  and  usually  presided  at  the  election  of  magistrates 
for  the  next  year. 

Every  body  went  out  of  the  way,  uncovered  their  heads,  dismount- 
ed from  horseback,  or  rose  up  to  the  consuls,  as  they  passed  by. 
Sen,  Ep.  64.  If  any  one  failed  to  do  so,  and  the  consul  took  notibe 
of  it,  he  was  said  to  order  the  lictor  ANIMADYERTERE,  Liv. 
xxiv.  44.  Suet.  Jul.  80.  Acilius  the  consul  ordered  the  curule  chair 
of  Lucullus  the  Prietor  to  be  broken  in  pieces,  when  he  was  admi- 
nistering justice,  because  he  had  not  risen  up  to  him  when  passing 
by,  Dio.  xxxvi.  10  &  24.  When  a  Pr»tor  happened  to  meet  a  con- 
sul, his  lictors  always  lowered  their  fasces,  Dionys.  viii.  44. 

In  the  time  of  war,  the  consuls  possessed  supreme  command. 
They  .levied  soldiers,  and  provided  what  was  necessary  for  their 
sup^rt.  They  appointed  the  military  tribunes,  or  tribunes  of  the 
lemons,  (in  part ;  for  part  was  created  by  the  people.  See  Lex  At- 
tilia,)  the  centurions  and  other  officers,  Cic.  de  Legg,  iii.  3.  Polyb. 
vl34.  _      . 

The  consuls  had  command  over  the  provinces,  Cic.  Phil.  iv.  4. 
and  could,  when  authorized  by  the  senate,  call  persons  from  thence 
to  Rome,  (Romam  evocare^  excire^  v,  accire^)  and.  punish  them,  Cic. 
in  Verr.  i.  33.  Liv,  iii.  4.  xxix.  15.  They  had  so  great  authority, 
that  kings,  and  foreign  nations,  in  alliance  with  the  republic,  were 
considered  to  be  under  their  protection,  Cic,  pro  Sext.  30. 


1  />'?f^4« 


% 


100  ROMAN  ANTIQUITIES. 

In  dangerous  conjunctyres,  the  consuls  were  armed  with  absolute 
power  by  the  solemn  decree  of  the  senate,  Ut  vioerbiit,  vel  Da- 
RBNT,  orBRAMy  4^c.  Idv.  iii.4 .  vi.  19.  See  p.  26.  In  an^  sudden  tu- 
mult  or  sedition^  the  consuls  called  the  citizens  to  arms  m  this  form : 

Qui  RBMPUBLICAM  SALVAM  BSSB  VELIT,  MB  SBQUATUR,  CicproRobir, 

7.  Tuac  QucBst.  iv.  23. 

Under  the  emperors,  the  power  of  the  consuls  was  reduced  to  a 
jnere  shadow ;  their  office  then  only  was  to  consult  the  senate,  and 
lay  before  them  the  ordinances,  (pladta"!  of  the  emperors ;  to  appoint 
tutors,  to  manumit  slaves,  to  let  tne  public  taxes ;  which  had  former-' 
ly  belonged  to  the  censors ;  Ovid,  Pant.  iv.  5.  18.  ir  Ep.  ix.  47.  to 
exhibit  certain  public  games,  and  shows,  which  thev  also  sometimes 
did  under  the  republic ;  Cic.  Off.  ii.  17.  to  mark  the  year  by  their 
name,  dec.  They  retained,  however,  the  badges  of  the  ancient  con- 
suls, and  even  greater  external  pomp.  For  they  wore  the  toga  picia 
or  palmata^  and  had  their  fasces  wreathed  witn  laurel,  which  used 
formerly  U^be  done  only  by  those  who  triumphed.  They  also  added 
the  securis  to  the  fasces. 

3.  Thedijofan  which  the  CONSULS  entered  (m  their  Office. 

Isr  the  beginning  of  the  republic,  the  consuls  entered  on  their  of- 
fice at  different  times ;  at  first,  on  the  23d  or  24th  February,  (VII. 
vel  VI.  Kal.  Mart.)  the  day  on  which  Tarquin  was  said  to  have  been 
expelled,  Ovid.  Fast.  ii.  695.  which  was  held  as  a  festival,  and  call- 
ed RE6IFUGIUM ,  Festus  ;  afterwards,  on  the  first  of  Au^st,  (Kal 
Scist.)  which  was  at  that  time  the  beginning  of  the  year,  (i.  e.  of  the 
consular ^  not  of  the  dvU  year,  which  always  began  with  January,^ 
lAv.yL  6.  In  the  time  of  the  Decemviri^  on  the  15th  of  May,  (la. 
MaH.)  Id.  36.  About  fifty  years  after,  on  the  15th  December,  \ld. 
llecemb.)  Liv.  iv.  37.  v.  1 1.  Then  on  the  first  of  July,  {Kal.  Quinc* 
til.)  Liv.  V.  32.  viiL  20.  which  continued  till  near  the  beginning  of 
the  second  Punic  war,  A.  U.  530,  when  the  day  came  to  1^  the  l5th 
March,  {Id.  Mart.)  At  last,  A.  U.  598,  or  600,  (Q.  Fulvio  fy  T. 
Annio.  Coss.)  it  was  transferred  to  the  first  of  January,  {in  Kal.  Jan.) 
which  continued  to  be  the  day  ever  after,  (DIES  SOLENNIS  imi- 
gistralibus  ineundis,)  Liv,  Epit.  47.  Ovid.  Fast.  i.  81.  iii.  147. 

After  this,  the  consuls  were  usually  elected  about  the  end  of  July 
or  the  beginning  of  August.  From  their  election  to  the  1st  of  Janu- 
ary, when  they  entered  on  their  ofllce,  they  were  called  CONSU- 
LES  DE8I6NATI ;  and  whatever  they  did  in  public  afiairs,  they 
were  said  to  do  it  by  their  authority ^  not  by  their  power  ;  (Quod  po- 
testate  nondit/n  poteratf  obtinuit  auctoritate,)  Cic.  in  Pis.  4.  Sext.  §2. 
They  might  however  propose«dicts,  and  do  several  other  things  per- 
taining to  their  oflke,  Dio.  xl  66.  Amon^  other  honours  paid  to 
them,  they  were  always  first  asked  their  opmion  in  the  senate.    See 

p.  17. ^The  interval  was  made  so  long,  that  liny  mjffht  have  time 

to  become  acquainted  with  what  pertained  to  their  office ;  and  that 
inquiry  might  be  made  whether  they  had  gained  their  election  by 


CONSULS.  101 

bribery.  If  they  were  convicted  of  that  crime  upon  triali  they  were 
deprived  of  the  consolflhip,  and  their  competitors,  who  accused  them, 
were  nominated  in  their  place,  Cic.  pro  SylL  17  &  32.  Thc^  were 
also,  besides  being  fined,  declared  incapable  of  bearinff  any  office,  or 
of  coming  into  the  senate,  by  the  Calpumian  and  other  laws;  Ctc. 
pro  Comet.  Muren.  23.  &c.  as  happened  to  Autronius  and  Syllai 
SalL  Oil.  18.  Cicerb  made  the  punishment  7)f  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  iSur.  32. 
in  Fatin.  15.  pro  Sext,  94. 

The  first  time  a  law  was  proposed  to  the  people,  concerning  bri« 
bery,  was  A.  U.  397.  by  C.  Psetiiius,  a  tribune  of  the  conuncms,  l^ 
the  authority  of  the  senate,  {auctoribus  patribus  ;  ut  novonan  maxmU 
hominum  ambitioj  qui  ntimjtruitf  et  conctliabula  obire  soliii  erant^  com- 
primtretur^  Liv.  vii.  15. 

On  the  first  of  January,  the  senate  and  people  waited  on  the  new 
consuls  {saliiiabant)f  at  their  houses,  (which  in  after  times  was  call- 
ed OFFICIUM,  Plin.  Ep.  ix.  37.)  whence  being  conducted  with 
great  pomp,  (which  was  called  PROCESSUS  CONSULARIS,) 
to  the  capitol,  the^  o&red  up  their  vows,  (voia  ntmetf^ofran/,)  and 
sacrificed,  each  of  them,  an  ox  to  Jupiter ;  and  then  began  their  of- 
fice (fymnw  swum  auspicabaniur),  by  holdinff  the  senate,  consulting 
it  about  the  appointment  of  the  Latin  h(uidays,  and  about  other 
things  concerning  religion,  Ovid.  Pont,  iv^  4  &  9.  Liv.  xxL  63. 
xxii.  1,  xxvi.  26.  Cic.  post  red.  ad  Quir.  5.  RutL  il  34.  Dio. 
Pragnu  130.  Within  five  days  they  wet«  obliged  to  swear  to.  ob- 
serve the  laws»  Liv,  xxxi.  50.  as  they  had  done  when  elected,  Pliru 
Pan.  64.  65.  And  in  like  manner,  when  they  resigned  their  oflice, 
th^  assembled  the  people,  and  made  a  speech  ta  them  about  what 
they  had  performed  in  their  consulship,  and  swore  that  they  had 
done  nothing  against  the  laws.  Ibid.  But  any  one  of  the  tribunes 
might  hinder  them  from  making  a  speech,  and  only  permit  them  to 
swear,  as  the  tribune  Metellus  md  to  Cicero,  Dio.  xxxvii*  38.  where- 
upon Cicero  instantly  swore  with  a  knid  voice,  that  he  bad  saved 
the  republic  and  the  city  from  ruin :  which  the  whole  Roman  pea* 

Ele  confirmed  with  a  shout,  and  with  one  voice  cried  out,  that  what 
e  heui  sworn  was  true ;  and  then  conducted  him  from  the  forom  to 
his  house,  with  every  demonstration  of  respect,  Cic;  in  Pis.  3.  Ep. 
Fanu  V.  2. 

■ 

■  4.  The  Provinces  of  the  CONSULS. 

• 

DuRuro  the  first  days  of  theii;  olBSce  the  consuls  cast  lots,  or 
agreed  among  themselves  about  their  provinces  {provindas  inter  se 
toftiebantur^  out  parabant^  vel  comparabant :  provtncias  partiti  stmt  A 
Liv.  ii,  40.  iii  10.  22.  57.  et  alibi  passim.  A  province  (PROVIN- 
ClA,)  in  its  general  acceptation,  is  metaphorically  used  to  signify 
the  office  or  ousiAess  of  any  one,  whether  private  or  public ;  thus, 
O  Geta,  provinciam  cepisH  duram^   Ter.  Phorm.  i.  2.  22.    So 


103  ROMAN  ANTIQUITIES. 

Heant.  iii.  2.  5^  Before  the  Roman  empire  was  widely  extended, 
the  province  of  a  consul  was  simply  a  certain  char;^  assigned  him^ 
as  a  war  to  be  carried  on,  &c.  or  a  certain  country  m  which  he  was 
to  act  during  his  consulship,  Liv.  ii.  40. 54.  56.  iii.  10.  32. 25.  T..32. 
▼ii.  6.  12.  viii.  1.  29.  ix.  41.  x.  12.  xxvi.  29.  xUii.  14  &  15.  Flor. 
1.11. 

Anciently  these  piDvinces  used  to  be  decreed  by  the  senate,  after 
the  consuls  were  elected,  or  had  entered  on  their  office,  Liv.  xxxiL 
8.  xxxiii.  29.  tt  alibi  passim.  Sometimes  the  same  province  was 
decreed  to  both  consuls.  Id.  x.  32.  xxxiv.  42.  xl.  1.  dec.  Thus 
both  consuls  were  sent  against  the  Samnites,  and  made  to  pass  un- 
der the  yoke  by  Pontius,  general  of  the  Samnites,  at  the  Fwrea  Gnc* 
UmB,  Ltv.  ix.  1.  &c.  ^  Paulus  ^milius,  and  Terentius  VantH 
were  sent  a^^nst  Hannibal,  at  the  battle  of  Cann®,  Id.  xxiL  40.  & 
XXV.  3:  xxvii.  22.  &c. 

But  by  the  &mpr<mian  law,  passed  by  C.  Sempronius  Gracchus, 
A.  U.  631,  the  senate  always  decreed  two  provinces  for  the  fiiture 
consuls,  before  their  election,  Cic.  pro  Dom.  9.  dt  Prov.  Cons.  2. 
Sail.  Jug.  27.  which  they,  after  entering  on  their  office,  divided  Iqr 
lot  or  agreement,  {sorte  vel  comparatione  pariiii  swU.)  In  latter 
times  the  province  of  a  consul  was  some  conquered  country,  reduc- 
ed to  the  form  of  a  province,  (see  p.  65.)  which  each  consul,  after 
the  expiration  of  his  office,  should  command ;  for,  during  the  time 
of  their  consulship,  they  usually  remained  in  the  city.  Hence  Ci^ 
cero  says.  Turn  bella  gerere  nostri  ducts  incipiunt^  cum  auspicia^  i.  e. 
consfdatum  ttpraturam,  posuerunt^  Nat  D.  ii.  3.  For  propraetors 
and  proconsuls  had  not  the  right  of  taking  the  auspices,  {auspida 
non  hcAebantf)  Cic.  Divin.  ii.  36. 

The  provinces  decreed  to  the  consuls,  were  called  PROVINClfi 
CONSULARES ;.  to  the  praetors,  PILETORLE, 

Sometimes  a  i^rtain  province  was  assigned  to  some  one  of  the 
constils ;  as  Etruria  to  Fabius,  both  by  the  decree  of  the  senate,  and 
by  tiie  order  of  the  people,  Idv.  x.  24.  Sicily  to  P.  Scipio,  xxviiL 
38.  Greece,  and  the  war.  against  Antiochus,  to  L.  Scipio,  t^  the 
decree  of  the  senate,  Id.  xxxvii.  1.  This  was  said  to  be  done  txlra 
ordinem,  extra  sortem  vel  sine  sorte,  sine  comparatione^  Id.  iii.  2.  vi. 
30.  &c. 

It  properly  belonged  to  the  senate  to  determine  the  provinces  of 
the  consuls  and  praetors.  In  appointing  the  provinces  of  the  prae- 
tors, the  tribunes  mi^ht  interpose  their  negative ;  but  not  in  those 
of  the  consuls,  Cic.  ae  Prov.  Cons.  8.  Sometimes  the  people  reversed 
what  the  senate  had  decreed  concerning  the  provinces.  Thus  the 
war  against  Jugurtha,  which  the  senate  had  decreed  to  Metellus, 
was  given  by  the  people  to  Marius,  Sail.  Jug.  73.  And  the  attempt 
of  Marius,  by  means  of  the  tribune  Sulpicius,  to  ffet  the  command  of 
the  war  against  Mithridates  transferred  from  Syfla  to  himself  by  the 
suffrage  of  the  people,  gave  occasion  to  the  first  civil  war  at  Ilome» 
Plutarch,  in  Mar.  4"  SyTl.  Appian.  de  Bell.  Civ.  1.  and  in  fact  gave 
both  tlie  occasion  and  the  example  to  all  the  rest  that  followed.    So 


.      >  CONSULS.  103 

when  the  senate,  to  mortify  CflBstr,  had  decreed  as  provineea  to  him 
and  his  colleague  Bibulus,  the  care  of  the  woods  and  roads,  Suel.  JuL 
19.  Caesar,  by  means  of  the  tribune  YaUnias,  procured  fit>m  the 
people,  by  a  new  and  extraordinary  law,  the  grant  of  Ciaalpine  Gaul, 
with  the  addition  of  lUyricom,  for  the  term  of  five  yeans  AuL  33L 
Cic.  pro  Dom.  9.  in  Vcuin.  15.  and  soon  after  also  Transalpine  Gaul 
from  the  senate.  Suet,  t6.  /X'o.  xxxviiL  8.  which  important  command  ' 
was  afterwards  prolonged  to  him  (o/r  other  five  years,  by  the  Trdbo- 
nian  law  ;  Iav.  EpU.  105.  Cic.  de  Prov.  Cons.  8.  EpiiL  Fam.  I  7. 
(See  page  36.) 

No  one  was  allowed  to  leave  his  province  without  the  permission 
of  the  senate ;  lAv.  xxix.  19.  which  regulation,  however,  was  some- 
times violated  upon  extraordinary  occasions,  Lav.  x.  18.  xxvii.  43. 

If  any  one  had  behaved  improperly,  he  might  be  recalled  from 
his  provmce  by  the  senate  ;  but  his  military  command  could  only 
be  abolished  {abrogari)  by  the  people,  Ldv.  xxix.  19. 

The  senate  midit  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  the  expiration 
of  his  magistracy.  Die.  xl.  46.  and  that  for  these  five  years,  while  the 
consuls  and  prsetors  were  disqualified,  the  senators  of  consular  and 
prcetorian  rank,  who  had  never  held  any  foreign  command^  diould 
divide  the  vacant  provinces  among  themselves  by  lot.  By  which 
law,  the  government  of  Cilicia  fell  to  Cicero  a^inst  his  virill,  Cic. 
Ep.  Fam.  iii.  2.  Caesar  made  a  law,  that  the  prstorian' provinces 
should  not  be  held  loneer  than  a  year,  nor  the^  consular  more  than 
two  years.  But  this  law,  which  is  much  praised  by  Cicero,  was 
abrogated  by  Antony,  Cic,  Phil.  i.  8. 

5.  From  what  Order  the  CONSULS  were  created. 

The  consub  were  at  first  chosen  only  from  the  patricians,  but 
afterwards  also  from  the  plebeians.  .  This  important  change,  although 
in  reality  owing  to  weightier  causes,  was  immediately  occasioned  by 
a  trifling  circumstance.  M.  Fabius  Ambustus,  a  nobleman,  had  two 
daughters,  the  elder  of  whom  was  married  to  Sulpicius,  a  patrieian, 
and  the  younger  to  C.  Licinius  Stolo,  a  plebeian.  While  the  latter 
v^as  one  day  visiting  her  sister,  the  lictor  of  Sulpicius,  who  was  then 
military  trioune,  happened  to  strike  the  door  with  his  rod,  as  was 
usud  when  that  magistrate  returned  home  from  the  forum.  The 
younger  Fabia,  unacquainted  with  that  custom,  was  frightened  at 
the  noise,  which  made  her  sister  laugh,  and  express  surprise  at  her 
ignorance.  This  stung  her  to  the  quick ;  and  upon  her  return  home, 
she  could  not  conceal  her  uneasiness.  Her  father,  seeing  her  de- 
jected, asked  her  if  all  was  well ;  but  she  at  first  would  not  give  a 
direct  answer :  and  it  was  with  difficulty  he  at  last  drew  from  her 
a  confession,  diat  she  was  chagrined  at  being  connected  with  a  man 


104  ROMAN  ANTIQUITIES. 

who  could  not  enjoy  the  dtoie  honours  with  her  sister^s  hasband* 
For,  although  it  had  been  ordained  by  law  that  the  military  tribunes 
should  be  created  promiscuously  from  the  patricians  and  plebeians, 
Liv.  iv.  6.  yet  for  rorty-four  years  after  their  first  institution,  A.  U« 
311.  to  A^  U.  355.  no  one  plebeian  had  been  created,  Liv.  v.  12. 
vi.  37.  and  very  few  afterwards,  Liv.  y.  13.  18.  vi.  30.  Ambustus, 
tl^refore,  consoled  his  daughter  with  assurances,  that  she  should 
soon  see  the  same  honours  at  her  own  house  which  she  saw  at  her 
sisler^s.  To  effect  this,  he  concerted  measures  with  his  son-in-law, 
and.  one  L.  Seztius,  a  spirited  young  man  of  plebeian  rank,  who  had 
every  thing  but  birth  to  entitle  him  to  the  highest  preferments. 

licinius  and  Sextius  bein^  created  tribunes  of  tne  cpmmons,  Liv. 
vi.  35.  sot  themselves  continued  in  that  office  for  ten  years,  ibid. 
^  for  five  years  they  suffered  no  curule  magistrates  to  be  create, 
tfruL  35.  and  at  last  prevailed  to  get  one  of  the  consuls  created  from 
amongthe  plebeians,  ibid.  42. 

L.  SEXTlUS  was  the  first  plebeian  consul,  Liv.  vii.  1.  and  the 
second  year  after  him,  C.  Licinius  Stolo,  ibid.  3.  from  whom  the 
law  ordaining  one  of  the  consuls  to  be  a  plebeian,  was  called  LEX 
LICINIA,  ibidm  21.  Sometimes  both  consuls  were  plebeians,  Id. 
zxiiL  3L  which  was  early  allowed  by  law,  vii.  42.  But  this  rarely 
happened :  the  patricians  for  the  most  part  engrossed  that  honour ; 
Liv.  vii.  18.  19.  et  alibi  passim^  Sail.  Jug.  63.  Cic.  in  Rull.  iL  1. 
The  Latins  once  required,  that  one  of  the  consuls  should  be  chosen 
from  among  them,  lAv.  viii.  4  &  5.  as  did  afterwards  also  the  peo- 
ple of  Capua,  /dL  zxxiii,  6.  but  both  these  demands  were  rejected 
with  disdain. 

The  first  foreigner  who  obtiiined  the  consulship,  was  Cornelius 
Balbus,  Plin.  viii.  43i  ^.  44  Vdl.  ii.  51.  a  native  of  Cadiz ;  who  be- 
came so  rich,  that  at  his  death,  he  left  each  of  the  citizens  residing 
at  Rome,  25  drachma^  or  dtnarii^  i.  e.  16^.  Id.  3^.  I>io»  xlviii.  32. 

6.  Tkt  legal  Age^  and  other  Requisites  for  enjoying  the  Consulship* 

The  legal  age  for  emoying  the  consulship  (iEtas  CONSULARIS) 
was  forty-three,  Cic.  Phil.  v.  17.  and  whoever  was  made  consul  at 
that  age,  was  said  to  be  made  in  his  own  year,  {suo  annoj)  Cic.  in 
Rull.  u.  2. 

Before  one  could  be  made  consul,  it  was  requisite  to  have  gone 
through  the  inferior  offices  of  qusestor,  a&dile,  and  prsetor.  It  be- 
hoved candidates  for  this  office  to  be  pil^sent,  and  in  a 'private  sta- 
tion, (see  p.  14)  and  no  one  could  Jl>e  created  consul  a  second  time, 
till  after  an  interval  of  ten  years,  IJv.  vii.  42.  x.  13. 

But  theie  regulations  were  not  always  observed.  In  ancient  times 
there  seem  to  have  been  no  restrictions  of  that  kind,  and  even  after 
they  were  made,  they  were  often  violated.  Many  persons  were  cre- 
ated consuls  in  their  absence,  and  without  asking  it,  Cic.  Amic.  3. 
and  several  below  the  legal  age :  thus;  M.  Valerius  Corvus,  at  twen- 
ty-three, lAv.  vii.  26.  Scipio  Africanus  the  elder,  at\wenty-eight ; 


/ 


CONSULS.  105 

lA.  XXV.  3.  xxvi.  18.  xxviii.  38.  and  the  younger  at  tUrty^ighl ;  M. 
£pi^.  zlix.  T.  QuiQCtius  Fiaminius,  when  not  quite  30 ;  Pluiarck. 
Pompey^  before  he  was  full  thirty*six  years  old  ;  (£«.  S.  C  ligi6m$ 
soluitu  consul  antt  fithai  quam  ilium  magistraiwn  vtr  legts  capert 
licuisset^  L  e.  before  by  law  he  could  be  made  a^dile ;  which  waa 
the  first  office  properly  called  Magisiratus^  although  that  title  ia  of- 
ten applied  also  to  the  questorship  and  tribuneshipy  Cic,  mro  Ug. 
Manil.  21.) 

To  aome  the  consulship  was  continued  for  several  years  without 
intermission ;  as  to  Marius,  Liv.  EpiL  67.  who  was  seven  times  con* 
sul,  and  once  and  again  created  in  his  abeence,  ibid.  et68A8(k  Seve- 
ral persons  were  made  consuls  without  having  previously  borne  any 
corule  office ;  Idv,  xxv.  42.  xxxii.  7.  Dio.  xxxvi.  33.  Many  were 
re-elected  within  a  less  interval  than  of  ten  yearsi  Liv.  fMisf tm.  And 
the  refusal  of  the  senate  to  permit  Csesar  to  stand  oandidate  in  his 
absence,  or  to  retain  his  province,  gave  occasion  to  the  civil  war  be- 
twixt him  and  Pompey,  which  terminated  in  the  entire  extinction  of 
hberty^  Cos.  de  bell.  civ.  i.  3  4(  3. 

7.  Alterations  in  the  Condition  of  the  COSSUhS  under  the  Emperors. 

Julius  Cjbsar  reduced  the  power  of  the  consuls  to  a  mere  nam^. 
Being  created  perpetual  dictator,  Suei.  76.  all  the  other  a^agistrates 
were  subject  to  him.  Although  the  usual  form  of  electing  consuls 
was  retained,  he  assumed  the  nomination  of  them  entirely  to  him- 
self, Cic.  Phil.  ii.  32.  Suet.  Jul.  41  &  76.  *  He  was  dictator  and 
consul  at  the  same  time,  Dio.  xliii.  7.  as  Sylla  had  been  before  him ; 
but  he  resigned  the  consulship  when  he  thought  proper,  and  nomi- 
nated whom  he  chose  to  succeed  him.  When  about  to  set  out  against 
the  Parthians,  be  settled  the  succession  of  magistrates  for  two  years' 
to  come,  {Consules  et  tribunos  plebia  in  bienntum^  qtios  voluit^)  Cic. 
Att.  xiv.  6.  Dio.  xliii.  51.  He  intnxluced  a  custom  of  substituting 
consals  at  any  time,  for  a  few  months  or  weeks ;  sometimes  only  for 
a  few  days,  or  even  hours,  Luean.  v.  397.  Suet.  Jul.  76.  Cic.  Fam. 
viL  30.  Dio.  xliii.  36.  that  thus  the  prince,  might  gratify  a  greater 
number  with  honours.  Under  Commodus,  tbm  were  twenty-five 
coosqIs  in  one  year,  Lamprid.  6.  The  usual  number  in  a  year  was 
twelve.  But  the  consuls  who  were  admitted  on  the  first  day  of  Janu- 
ary, gave  name  to  the  year,  and  had  the  title  of  ORDINARII,  the 
others  being  styled  SUFFECTI,  or  Minores,  Dio.  xlviii.  35. 

The  consuls,  when  appointed  by  the  emperor,  Plin.  Ep.  ix.  13. 
did  not  use  any  canvassing,  but  went  through  almost  the  same  for- 
malities in  other  respects  as  under  the  repiiolic,  PUn.  Pan.  63.<64. 
65.  69.  77.  92.  In  the  first  meeting  of  the  senate  after  their  election, 
they  returned  thanks  to  the  emperor  in  a  set  speech,  PUn.  Ep.  iii. 
13.  18.  Paneg.  2.  90.  91.  93.  when  it  was  cu^omary  to  expa- 
tiate on  his  virtues ;  which  was  called,  Hanorb,  vel  in  honorbm 
FaiNciPis  cfiN^RB,  Id.  Pan.  54.  because  they  delivered  this  speech 
when  they  were  first  asked  their  opinion  as^  consuls  elect.     {See  p. 

14 


106  ROMAN  ANTIQUITIES. 

23.  &  Plin.  Ep.  vi.  27.)  Pliny  afterwards  enlarged  on  the  general 
heads,  which  he  used  on  that  occasion,  and  published  them  under  the 
name  of  PANE6YRICUS,  (i.  e.  Xo/o^  ^oYfjiYvgtHoc^  oraiio  in  cemven- 
tu  habita,  a  cavi^Tv^v,  converUuSf  Cic.  Att.  i.  14.)  Jierva  Tragano 
Jluguslo  diclus.  ^  . 

Under  the  emperors^  there  were  persons  dignified  merely  with  the 
title,  without  enjoying  the  office  of  consuls,  (CONSULE8  HONO- 
TlARII ;)  as,  under  the  republic,  persons  who  had  never  been  con- 
suls or  prsBtors,  on  account  of  some  public  service,  obtained  the  right 
of  sitting  and  speaking  in  the  senate,  in  the  place  of  those  who  had 
been  consuls  or  praetors,  {loco  consulari^  vel  pnBtoriOf  Cic  Phil.  i.  6. 
V.  17.  Ltv.  Epit.  118.)  which  was  called  aucloriias  vel  sententia  con* 
tularis  aut  prmtoria^  Cic.  in  Vatin.  7.  in  Balb.  25.  So  Allecius  tn- 
ter  pratorioSf  Plin.  £p.  i.  14.  Pallanti  senattu  omamenta  praioria 
decrevitf  Id.  vii.  29.  vui.  6. 

Those  who  had  been  consuls  were  called  CONSULARES,  Cic, 
Fam.  xii.  4.  dec  as  those  who  had  been  praotors,  were  called  PK£- 
TORII »  ffidiles,  iEDILITII ;  qusestors,  QUiBSTORlL 

Under  Justinian,  consuls  ceased  to  be  created,  and  the  year,  of 
consequence,  to  be  distinguished  by  their  name,  A.  U.  1203.  But 
the  emperors  still  continued  to  assume  that  office  the  first  year  of 
their  sovereignty,  Constantino  created  two  consuls  annually ;  whose 
office  it  was  to  exercise  supreme  jurisdiction,  the  one  at  Ilome,  and 
the  other  at  Constantinople. 

11.  PRiETORS. 

1.  Institution  and  Power  of  the  PR^TOR. 

The  name  of  PRiETOR  {is  qui  prcBit  jure  et  exerdtUj  Varro 
tfrforq^o^),  was  anciently  common  to  all  the  magistrates,  Liv»  iii.  55. 
Ascon.  in  Cic.  Thus  the  dictator  is  called  Prator  Maximus^  Liv. 
viL  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 
PRjETOR  was  thencefoith  appropriated.  He  was  at  first  created 
only  from  the  Patricians,  as  a  kind  of  compensation  for  the  consul- 
ship being  communicated  to  the  Plebeians ;  but  afterwards,  .A.  U. 
41o.  also  from  the  Plebeians,  Liv.  viii.  15.  The  praetor  was  next 
in  dignity  to  the  consuls,  and  was  created  at  the  Comitia  Centuriata 
with  the  same  auspices  as  the  consuls ;  whence  he  was  called  their 
colleague^  Liv.  vii.  1.  viii.  32.  Gell.  xiii.  14.  Plin.  Pan.  77.  The 
first  prsBtor  was  Sp.  Furius  Camillus,  son  to  the  great  M.  Furius  Ca« 
millus,  who  died  the  year  that  his  son  was  prsetor,  Liv,  viL  1. 

When  one  prsBtor  was  not  sufficient,  on  account  of  the  number  of 
foreigners,  who  flocked  to  Rome,  another  prcBtor  was  added,  A.  U. 
510.  to  administer  justice  to  them,  or  between  citizens  and  them, 
(qui  inter  cives  Ronutnos  et  peregrines  jus  dicerety  Liv.  Epit.  xix. — 

xxii.  35.)  hence  called  PILETER  PEREGRINUS. 


PRiETORS.  107 

The  two  praetord,  after  their  election,  detennined^by  casting  lots, 
which  of  the  two  jurisdictions  each  should  exercise. 

The  praetor  who  administered  justice  only  between  citizens,  was 
called  PRiETOR  URBANU8,  and  was  more  honourable ;  whence 
he  was  called  Prator  honoratus,  Ovid,  FbsL  L  52.  Major,  Fe$tu» 
tn  voce  Major  Consul  ;  and  the  law  derived  from  him  and  his  edicts 
is  called  JUS  HONORARIUM.  In  the  absence  of  the  consuls,  he 
supplied  their  place,  (munus  consiUare  sustinebaif)  Cic.  F^un.  10.  13. 
He  presided  in  the  assembUes  of  the  people,  and  mi^t  convene  the 
senate ;  but  only  when  something  new  happened,  Ctc.  Fam.  xii.  S8* 
He  likewise  exhibited  certain  public  games,  as,  the  Ludi  ApoUinarea: 
Liv.  xxvu.  23.  the  Circensian  and  Me^lensian  games ;  Juvenal,  zi. 
192,  and  therefore  had  a  particular  jurisdiction  over  players,  and 
such  people ;  at  least  under  the  emperors,  TaciU  Arm.  i.  77.  When 
there  was  no  censor,  he  took  care,  accoiding  to  a  decree  of  the  se- 
pate,  that  the  public  building  were  kept  in  proper  repair,  (sarta  tec* 
ia  exigebatf)  <Jic  in  Verr.  i.  50.  On  account  of  these  important  <^ 
offices  he  was  not  allowed  to  be  absent  finom  the  city  above  ten 
days,  Cic.  Phil.  ii.  13. 

The  power  of  the  prsstor  in  the  administration  of  justice  vras  ex- 
pressed in  these  three  words,  DO,  DICO,  ADDICO.  Prator  da.« 
BAT  actionem  et  judices  ;  the  prsBtor  gave  the  form  of  a  writ  for  try- 
ing and  redressing  a  particular  wrong  complained  of,  and  appointed 
judges  or  a  jury  to  judge  in  the  cause ;  dicebat  jt»,  pronounced 
sentence ;  adoicebat  bona  vel  damna^  adjudged  the  goods  pf  the 
debtor  to  the  creditor,  &c. 

The  days  on  which  the  pnetor  administered  justice  were  called 
DIES  FASTI,  (a  fando,  quod  iis  dielnu  hcBc  tria  verba  fari  /icefra/.) 
Those  days  on  which  it  was  unlawful  to  administer  justice,  were 
called  NEFASTI. 

JIU  vsr AflTOB  erk,  per  quern  tsia  tbkba  eileniur : 
Fastus.  erii,  per  quern  legt  licebit  agi. 

Ovid.  Fast.  L  47. 

3.  EDICTS  of  the  PRiETOR. 

The  Prator  Urbanusy  when  he  entered  on  his  office,  after  hav- 
ing sworn  to  the  observance  of  the  laws,  published  an  edjct  (EDIC- 
TUM,)  or  system  of  rules,  (Formu/a,)  according  to  which  he  was  to 
administer  justice  for  that  year ;  whence  it  is  called  by  Cicero,  LEX 
ANNUA,  Cic.  in  Verr.  i.  42.  Having  summoned  an  assembly  of 
the  people,  he  publicly  declared  (EDICEBAT)  from  the  Rostra^ 
{cum  in  concionem  cuiscendisset,)  what  method  he  was  to  observe, 
(guce  observaturus  esset,)  in  administering  justice,  Cic.  de  Fin.  iL  23. 
This  edict,  he  ordered  not  only  to  be  recited  by  a  herald,  Plaut.  in 
Prolog.  Pxmdi  11.  but  also  to  be  publicly  pasted  up  in  writing, 
[Scriptum  in  ALBO,)  i.  e.  in  tabula  de  albata,  vel,  ut  alii  dicunt,(aZ- 
bis  Uteris  notatd,)  publici  proponi,  unde  de  PI^NO,  (i.  e.  de  humo,) 
recte  iegi  posset ;  in  large  letters,  {Uteris  majusculis)  Suet  Calig. 


108  ROMAN  ANTIQUITIES. 

41.    These  words  used  commonly  to  be  prefixed  to  the  edict,  BO« 
NUM  FACTUM,  SueL  Jut.  Stt   FiuU.  14.  Plata,  ibid. 

Those  edicts  which  the  prsetor  copied  from  the  edicts  of  his  pre- 
decessors,  were  called  TRALATITIA  ;  those  which  he  framed 
himself,  were  called  NOVA ;  atid  so  any  clause  or  part  of  an  edict, 
CAPUT  TRALA TITIUM  vel  NOVUM,  Cic.  in  Vtrr.  i.  45.  But 
as  the  pretor  often,  in  the  course  of  the  year,  altered  his  edicts 
through  favour  or  enmity,  Cic.  in  Vtrr.  i.  41.  46.  this  was  forbidden, 
first  by  a  decree  of  theWnate ;  A.  U.  585.  and  afterwards,  A.  V. 
686.  bv  a  law  which  C.  Cornelius  got  passed  to  the  great  offence  of 
the  nobility,  Ut  Prstores  bz  edictis  suis  pbrpbtuis  jus  dicb* 
RBNT,  i.  e.  that  the  preetors,  in  administering  justice,  sliould  not  de* 
Tiate  from  their  form,  which  they  prescribed  to  themselves  in  the 
beginning  of  their  office,  Asanu  in  UraU  Cic.  pro  Com. — Dio.  Ca9$* 
36.  c.  33  4^  23.  From  this  time  the  law  of  the  pnetors,  (Jub 
PRJBTORIUM,)  became  more  fixed,  and  lawyers  began  to  study 
then:  edicts  with  particular  attention ;  Cic.  de  iegg.  i.  5.  some  also 
to  comment  on  them,  GelL  xiii.  10.  By  order  of  the  Emperor 
•Hadrian,  the  various  edicts  of  the  prsetors  were  collected  into  one, 
and  properly  arranged  bythe  lawyer  Sal  vius  Julian,  the  gretft  grand- 
fether  of  the  Emperor  Didius  Julian ;  which  was  tliereafter  called 
EDICTUM  PERPETUUM,  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  order  of 
the  emperor  Justinian. 

Besides  the  general  edict,  which  the  prsBtor  published  when  be 
entered  on  his  office,  he  frequently  published  particular  edicts  as 
occasion  required,  (Edicta  peculiaria  m  rbfbntina,)  Cic.  in  Verr. 
iii.  14. 

An  edict  published  at  Rome  was  called  EDICTUM  URBA- 
NUM,  ibid.  43.  in  the  provinces,  PROVINCIALE,  ibid.  46.  Sici- 
liense,  45.  Sic. 

Some  think  that  the  Prcelor  Urbanm  only  published  an  annual 
edict,  and  that  the  Prcslor  Peregrinus  administered  justice,  either 
according  to  it,  or  according  to  the  law  of  nature  and  nations.  But 
we  read  also  of  the  edict  of  the  Praetor  Peregrinus,  Cic.  Fam.  xiiL 
09.  And  it  appears  that  in  certain  cases  he  might  even  be  appealed 
to  for  relief  against  the  decrees  of  the  PrtBtor  Urbanus^  Cic.  Verr.  i. 
46.     Ascon.  in  Cic.  Cses.  de  Bell.  Civ.  iii.  20.  Dio.  xlii.  22. 

The  other  magistrates  published  edicts  as  well  as  the  prfiDtor; 
the  kings,  Liv.  i.  32  &  44.  (he  consuls,  lAv.  ii.  24.  viii.  6.  the  dicta- 
tor, Liv.  ii.  30.  viii.  34.  the  censor,  Liv.  xliii.  14.  J^ep.  in  CaU  L 
GtlLxy.  11.  the  curule  aediles,  Cic.  Phil.ix.l.  Plaut.  Capliv.iy. 
2.  43.  the  tribunes  of  the  commons,  Cic.  in  Vtrr.  ii.  41.  the 
quaestors,  ibid.  iii.  7.  So  the  provincial  magistrates,  Cic.  Episl.  pas- 
sim ;  and  under  the  emperors,  the  prsefect  of  the  city,  of  the  praeto- 
rian cohorts,  &c.  So  likewise  the  priests,  as  the  pontifices  and  de- 
cemviri sacrorum^  Liv.  xl.  37.  the  uugurs,  Valer.  Max.  viii.  2.  1. 
and  in  particular,  the  ponlifex  maximus^  Tacit.  Hist  ii.  91.  GelL 


.     PRjETORS.  100 

ii.  38.  AU  these  weie  called  HONORATI,  Liv.  xxv.  &  OtiJL 
Pont,  iv.  5.  or  Honwre  homesiaU^  SaiL  Cat.  35.  hotwribus  honorati^ 
Vellei*  IK  134  konore  vel  konoribus  tm,  Flor.  i.  13.  Cic  Flacc 
19.  and  therefore  the  law  which  was  derived  from  their  edicts  wa« 
also  called  Ja«  HONORARIUM.  But  of  aU  these,  the  edicts  of  the 
•  fNWtor  w^re  the  most  important* 

The  orders  and  decrees  of  the  emperors  were  sometimes  also 
called  ediciOf  but  usually  rescripia*     See  p.  38i 

The  magistrates,  in  composing  their  ediots»  took  the  advice  of 
the  chief  men  of  the  state ;  thus,  C9t%$ules  cum  vir^t  primariot  at' 
que  ampl%9nmo8  civUatis  multos  in  consilium  advoc&sttnt^  de  consilU 
stntentia  pronuncidrunt,  <{rc.  Cic.  Yen*,  iii.  7.  and  sometimes  of  one 
aaotheT;  thus,  Ctim  collegium  prtBtorium  tribtmi  pleb»  adhibwsentp 
ut  res^  nummaria  de  communi  setUentia  constiiuetetur  ;  conscr^etnmt 
eommumter  edicftim,  Cic  Off.  iii.  20*  Mariu$  quod  eommiuniter 
cpmpontumfuercU^  soltAs  edixit^  ibid. 

The  summoning  of  any  one  to  appear  in  court,  was  likewise  call* 
ed  Edictum.  If  any  person  did  aot  obey  the  first  summons,  it  was 
repeated  a  second  and  third  time ;  and  then  what  was  called  a  i>s« 
rtmptory  summoM  was  given,  (EDICTUM  P£R£MPTORIUM  . 
dabatuTf  quod  disceptationem  perimeret,  i.  e.  ultra  Urgivereari  ncn 
patereiur^  which  admitted  of  no  farther  delay ;)  and  if  any  one  neg- 
leeted  it,  he  was  called  contumacious^  and  lost  his  cause.  Some* 
times  a  summons  of  this  kind  was  given  all  at  once,  and  vras  caUed 
Uhum  pao  oHNiBus,  or  unum  pao  tribus.  We  read  of  the  sena- 
tors being  summoned  to  Rome  from  all  Italy,  by  an  edict  of  the 
prsstor,  JUv.  xliiL  11. 

Certain  decrees  of  the  praetor  were  called  INTERDICTA  ;  as, 
about  acquiring,  retaining,  or  recovering  the  possession  of  a  thing ; 
Cic.  CcBdn,  3.  14.  31.  Oral.  i.  10.  to  which  Cicero  alludes,  Urbani' 
tatit' possessionem  qmbusvis  iNTBanicT^  defendamus^  Flank  vii.  33L 
also  about  restoring,  exhibiting,  or  prohibiting  a  thing;  whence 
Horace,  Sat,  ii.  3.  317.  Int£rdicto  ktdc  (sc.  insano)  omne  adimat 
jus  prcBtoTf  i.  e.  bonis  interdicat^  the  praetor  would  take  from  him  the 
management  of  his  fortune,  and  af^int  him  a  curator,  Id,  Epist,  i, 
I,  10^  according  to  a  law  of  the  Twelve  Tables,  {qucBfuriosis  et 
male  rem  gerentibus  bonis  i^t^rdici  jubebat,)  Cic  de  Senect.  7. 

3.  TAe  INSIGNIA  o/«Ae  PRiETOR. 

Thb  prsBtor  was  attended  by  two  lictors  in  the  city,  who  went 
before  him  with  the  fasces^  Plaut.  Epid.  i.  1.  36.  and  by  six  lictora 
without  the  city.^  He  wore  the  toga  pratexta^  which  he  assumed, 
as  the  consuls  did,  on  the  first  day  of  his  office,  after  having  ofiered 
op  vows,  {votis  nunctqmtisj)  in  the  capitol. 

When  the  praetor  beard  causes,  he  sat  in  the  Forum  or  Comiitum^ 
on  a  TRIBUNAL,  {in^  or  oftener  pro  tribunali,)  which  was  a  kind 
of  stage  or  scafibld,  {suggestum  v.  -ti^,)  in  which  was  placed  the  Sella 
Curulis  of  the  praetor,  Cic.  Verr.  iii.  38.  Mart.  xi.  99.  and  a  sword 


no  ROMAN  ANTIQUITIES. 

and  a  spear  (GLADIUS  et  HASTA)  were  set  upright  before  him. 
The  Tribunal  was  made  of  wood,  and  moveable,  Ck.  in  VaU  14. 
Suet.  Cas.  84.  so  lai^  as  to  contain  the  A88ES8QRE8,  or  coun- 
sel, of  the  prsBtor,  Ctc.  de  OraL  i.  37.  and  others,  BruU  84.  in  the 
form  of  a  square,  as  appears  from  ancient  coins.  But  when  spacious 
halls  were  erected  round  the  /brtim,  for  the  administration  of  jus- 
tice, called  BA8ILICiG,  or  Regia  sc.  ades  vel  vorticus.  Suet.  Aug. 
31.  Calig.  37.  Stat.  Silv.  i.  1.  29.  (BcwfiXixou  <oii)  Zosim.  v.  2.  Jo- 
seph. A.  xvii.  II.  from  their  largeness  and  magnificence,  the  7Vv6u- 
wd  in  them  seems  to  have  been  of  stone ;  and  in  the  form  of  a  se- 
micircle, Vitruv.  V.  I.  the  two  ends  of  which  were  called  CornMo^ 
Tacit.  Annal.  i.  75.  or  Partes  Primores,  Suet  Tib.  33.  The  first 
B€is%lica  at  Rome  appears  to  have  been  built  by  M.  Porcius  Cato* 
the  censor,  A.  U.  56d.  hence  called  Porcia,  Liv.  xxxix.  44. 

The  JUDICES  or  jury  appointed  by  the  Praetor,  sat  on  lower 
seats,  called  8UBSELLIA,  Ctc.  Rose.  Am.  1 1.  as  also  did  the  ad- 
vocates. Id.  de  Orat.  i.  62.  the  witnesses,  Id.  Fiacc.  10.  and  hear- 
ers, Brut.  84.  Suet.  Aug.  56.  Whence  Subsellia  is  put  for  the  act 
of  judging,  Suet.  Jsfer.  17.  or  of  pleading,  Cic,  de  Orat.  i.  8.  li.  33. 
thus,  Vtrsatus  in  utrisque  subselliis  cum  summa  fama  et  fide  ;  L  e. 
judicem  et  patronum  egit,  Ctc.  Fam.  xiii.  10.  A  subselliis  Alienus, 
&C.  i.  e.  causidicuSf  'a  pleader,  in  Cacil.  15.  For  such  were  said 
habitare  in  Bubselliis^  Orat  i.  62.  A  subselliis  in  otium  se  conferre^ 
to  retire  from  pleading.  Id.  Orat.  ii.  33. 

The  inferior  magistrates,  when  they  sat  in  judgment  (judida  ex- 
ercebanty)  did  not  use  a  Tribunal^  but  only  s^wselliar;  as  the  tri- 
bunes, plebeian  sediles,  and  quaestors,  &c.  Ascon.  in  Cic.  Suet.  Claud; 
23. 

The  benches  on  which  the  senators  sat  in  the  senate-house  were 
likewise  called  subsellia,  Cic.  in  Cat  i.  7.  Hence  longi  subsellii 
judicatioy  the  slowness  of  the  senate  in  decreeing,  Ctc.  Fam.  iiL  9. 
And  so  also  the  seats  in  the  theatres,  circus,  &c.  thus,  senatoria  sub" 
sellia,  Cic.  pro  Com.  1.  Bis  subtena  sepsellia,  the  seats  of  the 
Eguites,  Mart.  v.  28.     ' 

In  matters  of  less  importance,  the  prcetor  judged  and  passed  sen- 
tence without  form,  at  any  time,  or  in  any  place,  whether  sitting  or 
walking ;  and  then  he  was  said  C0GN08CERE,  interloqui^  discu- 
tere  E  vel  DE  PLANO  ;  or,  as  Cicero  expresses  it,  ex  cequo  locOf 
Fam.  iii.  8.  CaBcin.  17.  de  Orat.  6.  non  pro,  vel  e  tribunalt,  aut  ex 
superior e  loco  ;  which  ejtpressions  are  opposed  to  the  former :  So 
Suet.  Tib.  33.  But  about  all  important  affairs,  he  judged  in  form 
on  his  tribunal :  whence  atque  hae  agebantur  in  conventu  palam,  de 
sella  ac  de  loco  superiore,  Cic.  Verr.  4.  40. 

The  usualattendants  (MINISTRI  vel  apparitares)  of  the  prsetor, 
besides  the  lictors,  wei*e  the  SCRIBiE,  who  recorded  his  proceed- 
ings, {qui  acta  in  tabulas  referrent,)  Cic.  Verr.  iii.  78  &  79.  and  the 
ACCENSI,  who  summoned  persons,  and  proclaimed  «loud  when  it 
was  the  third  hour,  or  nine  o'clock  before  noon  ;  when  it  was  mid- 


PRiETORS.  Ill 

day,  and  when  it  was  the  ninth  hour,  or  three  o'clock  after  noon, 
Varr,  de  ling.  LaL  v.  9. 

4.    TTu  nwnber  of  PRiETORS  at  different  times: 

Whilk  the  Roman  empire  was  limited  to  Italy,  there  were  only 
two  prcetors.  When  Sicily  and  Sardinia  were  reduced  to  the  form 
of  a  province,  A.  U.  526,  two  other  praetors  were  added  to  govern 
them,  Liv.  Epit.  20.  and  two  more  when  Hither  and  Farther  Spain 
were  subdo^^  Id,  xxxii.  27  &  28.  In  the  year  571,  only  four  prae- 
ton  were  created  by  the  Bsbian  law,  which  ordained  that  six  prs- 
ton  and  four  should  be  created  alternately ;  Liv.  xl.  44.  but  this 
regulation  seems  not  to  have  been  long  observed. 

Of  these  six  prsetors,  two  only  remained  in  the  city ;  the  other 
four,  immediately  after  having  entered  on  their  office,  set  out  for 
their  provinces.  The  preetors  determined  their  province,  as  the 
consuls,  by  casting  lots,  or  by  agreement,  Liv.  passim. 

Sometimes  one  prsetor  administered  justice  both  between  citizens 
and  foreigners,  Ldv.  xxv.  3.  xxvii.  38.  xxxi.  1.  xxxv.  41.  and  in 
dangerous  conjunctures,  none  of  the  praetors  were  exempted  from 
military  service.  Id.  xxiii.  32. 

The  prstor  Urbanus  and  Peregrinus  administered  justice  only  in 
private  or  lesser  causes ;  but  in  public  or  important  causes,  the  peo- 
ple either  judged  themselves,  or  appointed  persons,  one  or  more,  to 
preside  at  the  trial,  {que  quastioni  prosessent^  Cic.  pro  Cluent.  29. 
qtuererentf  quastiones  publicas  vel  judicia  exercerent^  Liv.  iv.  51. 
xxxviii.  55.  Sallust.  Jug.  40.)  who  were  called  QUiESITORES,  or 
Qt^fBstores  paticidii^  whose  authority  lasted  only  till  the  trial  was 
over.  Sometimes  a  dictator  was  created  for  holding  trials,  Iav.  ix. 
26.  But  A.  U.  604.  it  was  determined,  that  the  rrcstor  Urbanus 
and  Peregrinus  should  continue  to  exercise  their  usual  jurisdictions ; 
and  that  the  four  other  prsetors  should  during  their  magistracy  also 
remain  in  the  city,  and  preside  at  public  trials :  one  at  trials  con- 
cerning extortion,  {de  repelimdis  ;)  another,  concerning  bribery,  {de 
ambitu;)  a  third,  concerning  crimes  committed  against  the  state, 
{de  majestate;)  and  a  fourth,  about  defrauding  the  public  treasuiy, 
(dc  peculatu.)  These  were  called  QUESTIONES  PERPETUiE, 
Cic.  Brut.  26.  because  they  were  annually  assigned  {mandabantur\ 
to  particular  praetors,  who  always  conducted  them  for  the  whole 
year,  {qui  perpetud  exercerent^)  according  to  a  certain  form  prescrib- 
ed by  law :  so  that, there  -was  no  need,  as  formerly,  of  making  a  new 
law,  or  of  appointing  extraordinary  inquisitors  to  preside  at  them, 
who  should  resign  their  authority  when  the  trial  was  ended.  But 
still,  when  any  thing  unusual  or  atrocious  happened,  the  people  or 
senate  judged  about  the  matter  themselves,  or  appointed  inquisitors 
to  preside  at  the  trial ;  and  then  they  were  said  extra  ordinem  oua- 
rere :  as  in  the  case  of  Clodius,  for  violating  the  sacred  rites  of  the 
Bona  Dea^  or  Good  Goddess,  Cic.  Atk.  i.  13.  14  &  IG.  and  of  M ilo, 
for  the  murder  of  Clodius,  Cic.  pro  Mil.  &c. 


112  ROMAN  ANTIQUITIES. 

L.  Sulla  inereafled  the  nuinber  of  the  quastiones  perpeium^  by  add- 
ing those  de  FALSO,  vel  dt  crimine  falsi^  coDcerniDg  forgen  of 
VfilU  or  other  writs,  coiners  or  makers  of  base  money,  &c.  de  SICA- 
RlIS  et  *VEN£FICI8,  about  such  as  killed  a  person  with  weapons 
or  poison  ;  et  de  PARRICIDIS,  on  which  account  he  created  two 
additional  praBtors,  j\.  U.  672 ;  some  say  four.  JuUus  Caesar  in- 
creased the  number  of  praetors,  first  to  ten,  A.  U.  707.  Dio.  xlii.  51/ 
then  to  fourteen,  Id.  xliii.  47.  afterwards  to  sixteen,  lb.  4d»  Tacii. 
HUk  uu  37.     Under  the  /numrtn,  there  were  67  praetors  in  one 

Star,  Dio.  xWnl  43.  53.  Augustus  reduced  the  number  to  twelve, 
io.  says  ten ;  xliii.  3^  but  afterwards  made  them  sixteen.  Pompom, 
dt  orig.  jtur.  ii.  28.  According  to  Tacitus^  there  were  no  more  than 
twelve  at  his  death,  ^nnaL  i.  14.  Under  Tiberius,  there  were 
sometimefl  fifteen  and  sometimes  sixteen,  Oio.  Iviii.  20.  Claudius 
added  two  praetors  for  the  cognizance  of  trusts,  {qui  defideicommu' 
sis  jus  dicermL)  The  number  then  was  eighteen  ;  but  afterwards 
it  varied. 

Upon  the  decline  of  the  empire,  the  principal  fimctions  of  the 
praetors  were  conferred  on  the  prafectus  pratorio^  and  other  magis- 
trates instituted  by  the  emperors.  The  praetors  of  course  simk  in 
their  importance :  under  Valentinian  their  number  was  reduced  to 
three ;  and  this  magistracy  having  become  an  empty  name,  {inane 
itomen,)  Booth,  de  consol.  phitos.  iu.  4.  was  at  last  entiriely  suppressed, 
as  it  is  thought,  under  Justinian. 

\  '  III.  CENSORS. 

Two  magistrates  were  first  created,  A.  U.  312,  for  taking  au  ac- 
count of  the  number  of  the  people,  and  the  value  of  their  fortunes, 
(censui  agendo  ;)  whence  they  were  called  CENSORES,  Liv.  tt 
Fest.  (Censor,  ad  cujus  censienem^  id  est  arbitrium^  ceneereiur  popu^ 
^  ius^  Van*.  L.  L.  iv.  14.)  As  the  consuls,  being  engaged  in  wars 
abroad,  or  commotions  at  home,  had  no  leisure  for  that  busmeas, 
{non  consulibus  opera  erat,  sc.  pretium,  i.  e.  iis  non  vacabat  id  n£gO' 
tium  agere  ;)  the  census  had  be^i  intermitted  for  17  years,  JUv.  vL 
12.  iv.  8. 

The  censors  at  first  continued  in  office  for  five  years.  Ibid,  Bat 
afterwards,  lest  they  should  abuse  their  authority,  a  law  was  passed 
by  Mamercus  JSmilius  the  dictator^  ordaining,  that  they  should  be 
elected  every  five  years ;  but  that  their  power  should  continue  only 
a  year  and  a  half,  {Ex  quinquintuili  annua  ac  semestris  csnsura  facta 
est,)  Liv.  iv.  24.  ix.  33. 

The  censors  had  all  the  ensigns  of  the  consuls,  except  the  lictors. 

The  censors  were  usually  chosen  from  the  most  respectable  per- 
sons of  consular  dignity  ;  at  first  only  from  the  patricians,  but  after- 
wards likewise  from  the  plebeians.  The  first  plebeian  censor  was 
C.  Marcius  Rutiius,  A.  U.  404.  who  also  had  been  the  first  plebeian 
dictator,  lAv,  vii.  22.  Afterwards  a  law  was  made,  diat  one  of  the 
censors  should  always  be  a  plebeian.     Sometimes  both  censors  were 


CENSORS.  IIS 

plebetane,  iWv.  £^.  59.  and  sometimes  thoie  were  created  oeiitort» 
who  bad  neither  been  consuls  nor  praetors,  Ltv.  xxvii.  6  and  11.  but 
not  so  after  the  second  Punic  war. 

The  last  censors,  namely,  Paulus  and  Plancus,  under  Ailgusliis» 
are  said  to  have  been  private  persons,  (PRIVATI,)  Dio,  liv.  3.  not 
that*  they  had  never  borne  any  public  office  before,  but  to  distinguish 
them  from  the  Emperor ;  ail  besides  him  being  called  by  that  name, 
F<//.  1i.  99.  StuL  TaciL  et  PUn,  passim. 

The  power  of  the  censors  at  first  was  small ;  but  afterwards  it 
became  very  great.  All  the  orders  of  the  state  were  subject  to  them, 
{censoribus  svijtctU  Liv.  iv.  34.)  Hence  the  censorship  is  called, 
by  Plutarch,  the  summit  of  all  preferments  {pimnium  honorum  apex, 
\el/cLsligiumj)  in  Cat.  Mai.  and  by  Cicero,  majistra  pudoris  et  mo- 
dtsti<By  in  Pis.  4.  The  title  of  Censor  was  esteemed  more  honour- 
able than  that  of  Consul ;  as  appears  from  ancient  coins  and  statues : 
and  it  was  reckoned  the  chiei  ornament  of  nobility  to  be  sprung 
from  a  censorian  family,  Vahr.  viii.  13.  Thct/.  ^wn.  iii.  38.  Hist. 
iii.  9. 

The  office  of  the  censors  was  chiefly  to  estimate  the  fortunes,  and 
to  inspect  the  morals,  of  the  citizens,  Cic.  dt  Ug,  iiL  3. 

The  censors  took  the  census  in  the  Cflmpus  Martins.  Seated  in 
their  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  Tullius  (Ste  p.  74.)  At 
the  same  time,  they  reviewed  the  senate  and  equestrian  order,  sup- 
plied the  vacant  places  in  both,  and  inflicted  various  marks  of  dis* 
grace  {notas  inurebant)  on  those  who  deserved  it.  A  senator  they 
excluded  from  the  senate-house,  {senatu  movebant^  vel  ejiciebant^) 
(see  p.  14.)  an  eques  they  deprived  of  his  public  horse,  {equum  odt- 
mtbanif)  (see  p.  33.)  and  any  other  citizen  they  removed  from  a 
more  honourable  to  a  less  honourable  tribe,  (tribu  mavebant ;)  or 
deprived  him  of  all  the  privileges  of  a  Roman  citizen,  except  liberty, 
{csrariumfacitbant^  Liv.  Qui  per  hoc  non  esset  in  Albo  centuries  suce^ 
sed  ad  hoc  esset  civis  tantum^  ut  pro  capite  suo  iributi  nomine  sera 
penderet,  Ascon.  in  Cic)  or,  as  it  is  otherwise  expressed,  in  tabtdas 
Caritum,  vel  inter  Carites  referebant^  i.  e.  jure  suffragii  privabant ; 
Cell.  xvi.  13.  Slrab.  v.  p.  330.  Hence  CcBtite  cerd  digniy  worthless 
persons,  Horat.  Ep.  i.  6.  63.  But  this  last  phmse  does  not  often 
occur.  Cicero  and  Livy  almost  always  use  Mrarium  facere  ;  in  vel 
inter  ararios  reftrre.  This  mark  of  disgrace  was  also  inflicted  on 
a  senator  or  an  equts^  and  was  then  always  added  to  the  mark  of 
disgrace  peculiar  to  their  order ;  thus,  Censores  Mamercunij  qtdfue' 
rat  dictator^  tribu  moverunt,  octuplicatoqut  censu^  (i.  e.  having  made 
the  valuation  of  his  estate  eight  times  more  than  it  ought,  that  thus 
he  might  be  obliged  to  pay  eight  times  more  tribute^)  arariumfece. 
nmtf  Liv.  iv.  34.  Omnes^  quos  senatu  moverunt,  qtdbusque  equos 
ademerunt,  awarios  fecerunt^  et  tribu  moverunt,  xlii.  10.     The  censors 

15 


114  ROMAN  ANTIQUITdSS. 

themaelvefl  did  not  A>metiin^  agree  about  their  powers  in  this  res- 
pect ;  Claudius  negabat,  Sv^ragii  lationem  injussu  papuli  censorem 
cuiquam  homini  adtmere  posse.  Neque  tnim  si  tribu  movere  possei, 
quod  sit  nihil  aliud  guam  mutare  jubere  tribumf  ideo  amnilnu  y.  et  xzx. 
tribuhiis  emovere  posse :  id  est,  civitalem  libertalemque  eripere,  rum  ubi 
ctnsealur  finiref  sed  censu  excludere.  Hac  inter  ipsos  disceptata,  ^c. 
Ldv.  xIt.  15. 

The  censors  could  inflict  these  marks  of  disgrace  upon  what  evi- 
dence,  and  for  what  cause,  they  judged  proper ;  but,  when  they  ex- 
pelled from  the  senate,  they  commonly  annexed  a  reason  to  their 
censure,  Liv.  xxxix.  42.  which  was  called  SUB8CRIPTIO  CEN- 
SORI  A,  Cic.  pro  Cluent.  43  &  44.  Sometimes  an  appeal  wtis  made 
from  their  sentence  to  the  people,  Plutarch,  in  T.  Q,  Flamin. 

The  censors  not  only  coqld  hinder  one  another  from  inflicting 
any  censure,  {ui  alter  de  senatu  moveri  velit,- alter  reiineat ;  ut  alter 
m  CBrarios  referri,  aut  tribu  moveri  jubeat^  alter  vetet^  Cic.  ibid. 
Tres  ejecti  de  senatu  /  retinttit  quosdam  Lepidus  a  collega  pruettriios^ 
Liv.  xL  51.)  but  they  might  even  stigmatize  one  another.  Lav*  xxix. 
37. 

The  citizens  in  the  colonies  and  free  towns  were  there  enrolled 
by  their  own  censors,  according  to  the  form  prescribed  by  the  Ro- 
man censors,  (ex  forrmda  ab  aomanis  censoribus  data,)  and  an  ac- 
count of  them  was  transmitted  to  Rome,  Liv»  xxix.  15.  So  that  the 
senate  might  see  at  one  view  the  wealth  and  condition  of  the  whole 
enipire,  ibid,  37. 

W  hen  the  censors  took  an  estimate  of  the  fortunes  of  the  citizens, 
they  were  said,  centum  agere  vel  habere  ;  Cbnserb  populi  civitates^ 
Boboles,  familias,  pecuniasque,  Cic.  legg.  iii.  3.  Rtferre  in  censumf 
Liv.  xxxix.  44.  Flor.  i.  6.  or,  censui  ascribere,  Tacit.  Anna!,  xiii.  51. 
The  citizens,  when  they  gave  in  to  the  censors  an  estimate  of  their 
fortunes,  &c.  were  said  Censbri  modum  agri,  mancipia,  pecuniasj 
&C.  sc  secundum  vel  quod  ad,  Cic.  Flacc.  32.  s.  80.  Projiteri ;  in 
censtan  deferre  vel  dedicare.  Id.  Arch.  4.  Senec.  Ep.  95.  annos  de* 
ferre  vel  eenseri :  thus,  CL.  annos  census  est  ClaudU  Casaris  censurA 
T.  Fullonius  Bononiensis  ;  idque  collatis  censibus  quos  ante  detulerat^ 
verum  apparuit,  Plin.  vii.  49.  s.  50.  Sometimes  also  censere  ;  thus, 
Pradia  censere,  to  give  in  an  estimate  of  one's  farms,  Cic.  Flacc.  32. 
Liv.  xlv.  15.  Prcedia  censui  censendo,  sc.  apta  ;  i.  e.  quorum  cen* 
aus  eenseri,  pretium  {Bstinari  ordinis  et  tributi  causA  potest ;  farms, 
of  which  one  is  the  just  proprietor,  tfttU  Hence  eenseri,  to  be  va- 
lued or  esteemed,  to  be  held  in  estimation ;  Cic.  Arch.  6.  Vol.  Max. 
V.  3.  3.  Ovid.  Am.  ii.  15.  2.  Senec.  Ep.  76.  Plin.  Pan.  15.  Be  quo 
censeris,  amicus^  from  whom  or  on  whose  account  you  are  valued, 
Ovid.  Pont.  \u  5.  tJt.  Privatus  illis  CENSUS  erat  brevis,  their 
private  fortune  was  small,  Horat.  Od.  ii.  15.  13.  exiguus,  Ep.  i.  L 
43.  tenuis.  Id.  7.  76.  Equestris,  v.  ^-ter,  the  fortune  of  an  Eques  ; 
CCCC.  millia  nwnmdm,  400,UQ0  sesterces,  Plin.  Ep.  1.  19.  Sena, 
tortus,  of  a  senator.  Suet.  Vesp.  17.  Hinno  sine  censu,  Cic.  Place. 
52.  Ex  sensu  tributa  coi^erre.  Id.  Verr.  ii.  63.  Cultus  major  censu^ 


CENSORS.  .  115 

Herat.  Sat.  iL  3.  323.  Ddt  cenms  honaret,  Ovid.  Amor.  iii.  8.  SO. 
Census  partus  per  vulnera,  a  fortune  procured  in  war,  t'AJd.  9.  De» 
mitUrt  ceiutifn  in  viscera^  i.  e.  bona  obligurire^  to  eat  up,  Id.  Met. 
viii.  846.  Rofnani  census  populif  the  treasury,  Lucan.  iiL  157.  Bre* 
ves  extendere  ceftsus,  to  make  a  small  fortune  go  far.  Martial,  ziL  6* 

The  censors  divided  the  citizens  into  classes  and  centuries,  ac- 
cording to  their  fortunes.  They  added  nev[  tribes  to  the  old,  when 
it  was  necessaiT,  Ltv.  z.  9.  Epit.  19.  They  let  the  public  lands  and 
tazes,  (see  p.  62.)  and  the  regulatiohs  which  they  prescribed  to  the 
farmers-general  {mancipibtu  v.  jmblicams)  were  called  Leges  vel 
Tabula  Ctnsoria^  Cic*  Yell.  iii.  o.  in  Rull.  i.  2.  Polvb.  vi.  19^ 

The  censors  agreed  with  undertakers  about  building  and  repair- 
ing the  public  works,  such  as  temples,  porticos,  &c.  (opera  publica 
mdijicanda  et  refidenda  REDEMPTORIBUS  locabant ;)  which  they 
ezamined  when  finished  (probavtrunt^  L  e.  recti  et  ex  ordine  facta 
esse  pronunciaverunt ;)  and  caused  to  be  kept  in  |[ood  repair,  {sarta 
tecta  exigebani^  sc  et.)  Liv.  iv.  22.  zl.  51.  zlii.  3.  zlv.  15.  The 
ezpenses  allowed  by  the  public  for  ezecutiiue  these  works,  were 
called  VLTaoTRiBUTA,  Lh.  zzziz.  44.  zliii.  16.  Senec»  Benef.  iv.  1. 
Hence  Ultrotributa  locare^  to  let  them,  or  to  promise  a  certain  sum 
for  ezecuting  them  ;  conducere^  to  undertake  them,  ibid. 

The  censors  had  the  chai^  of  paving  the  streets,  and  making  the 
public  roads,  bridges,  aqueducts,  dec.  Liy.  iz.  SO  d&  43.  zlu  27. 
They  likewise  made  contracts  about  fumishinff  the  public  sacri- 
fices, Plutarch,  in  Cat.  and  horses  for  the  use  of  the  curule  magis- 
trates, Liv.  zziv.  18.  Fest.  in  voc.  Equi  Curules  ;  also  about  fad- 
ing 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.  Jim.  20.  P/tn.  z.  22.  8.  26.  zziz.  4.  s.  14. 

They  took  care  that  private  persons  should  not  occupy  what  be- 
longed to  the  public,  Liv.  iv.  8.  And  if  any  one  refused  to  obey 
their  sentence,  they  could  fine  him,  and  distrain  his  effects  till  hie 
made  payment,  Liv.  zliii.  16. 

The  imposing  of  tazes  is  often  ascribed  to  the  censors ;  but  thia 
was  done  by  a  decree  of  the  senate  and  the  order  of  the  people ; 
without  which  the  censors  had  not  even  the  right  of  laving  out  the 
public  money,  nor  of  letting  the  public  lands,  Liiv.  zzvii.  11.  xl.  46. 
zli.  27.  zliv.  16.  Pult/b.  vi.  10.  Hence  the  senate  sometimes  can- 
celled their  leases,  (locationes  inducebantf)  when  they  disapproved 
of  them,  Id.  xzziz.  44.  For  the  senate  had  the  chief  direction  in  all 
these  matters,  ibid. 

The  censor  had  no  ri^ht  to  propose  laws,  to  lay  any  thing  before 
the  senate  or  people,  unless  by  means  of  the  consul  or  prsBtor,  or  a 
tribune  of  the  commons,  Plin.  Hist.  Nat.  xzxv.  17.  Liv.  loc.  cit. 

The  power  of  the  censors  did  not  extend  to  public  crimes,  or  to 
such  things  as  came  under  the  cognizance  of  the  civil  magistrate, 
and  were  punishable  by  law ;  but  only  to  matters  of  a  private  na- 
ture, and  of  less  importance ;  as,  if  one  did  not  cultivate  his  ground 
properly,  Oell.  iv.  12.  if  an  eques  did  not  take  proper  care  of  '^'~ 


116  ROMAN  ANTIQUITIES. 

horse,  which  was  callod  Incuria  or  Impoliiiay  ibid,  if  one  lived  too 
long  unmarried,  (the  fine  for  which  was  called  ms  uxorium,  Feslus  :) 
or  contracted  debt  without  cause,  &c.  Faler.  Max.  ii.  9.  and  parti- 
cularly, if  any  one  had  not  behaved  with  sufficient  bravery  in  war  i 
lAv.  xxiv.  18.  or  was  of  dissolute  morals,  Cic.  Cluent,  4!7 ;  above 
all,  if  a  person  had  violated  his  oath,  Liv.  ibid/tt  Cic*  Off.  iii.  31. 
CkU.  viL  18. 

The  accused  were  usually  permitted  to  make  their  defence,  (cau^ 
sum  dicere^  Liv.  loc.  cit 

The  sentence  of  the  censors,  (ANIMADVEKSIO  CENSORIA 
yeljudmium  ceruoris,)  only  afiected  the  rank  and  character  of  per- 
sons. .  It  was  therefore  properly  called  IGNOMINIA,  (qudd  in  no- 
mine tonltim,  i.  e.  dignitate  versabalur^)  and  in  later  times  had  no 
other  effect^than  of  putting  a  man  to  the  blush,  {nihil  fere  damnalo 
(^erebcU  prater  rubortm,  Cic.) 

It  was  not  fixed  and  unalterable,  as  the  decision  of  a  court  of  law» 
{nonpro  re  judicata  habebatur  ;)  but  might  be  either  taken  off  by  the 
next  censors  or  rendered  ineffectual  by  the  verdict  of  a  jury,  or  by 
the  suffrages  of  the  Roman  people.  Thus  we  find  C.  Goeta,  who 
bad  been  extruded  the  senate  by  t^ie  censors,  A.  U.  639,  the  very 
next  lustrum  himself  made  censor,  Cic.  pro  Cluent.  42.  See  p.  14. 
Sometimes  the  senate  added  force  to  the  feeble  sentence  of  the  cen- 
sors, {inerti  censorics  notte,)  by  their  decree,  which  imposed  an  addi- 
tional punishment,  Liv.  xxiv.  18. 

The  office  of  censor  was  once  exercised  by  a  dictator,  Liv.  xxiii. 
33  6l  33.  After  Sylla,  the  election  of  censors  was  intermitted  for 
about  17  years,  Ascon.  in  Cic. 

When  the  censors  acted  improperly,'  they  might  be  brought  to  a 
trial ;  as  th^sometimes  were  by  a  tribune  of  the  commons,  Liv* 
XXV,  43.  xliii.  15.  16.  Nay,  we  find  a  tribune  ordering  a  censor  to 
be  seized  and  led  to  prison,  Id.  ix.  34.  and  even  to  be  thrown  from 
the  Tarpeian  rock,  Id.  epit.  59.  Plin.  vii.  44.  s.  45.  but  both  were 
prevented  by  their  colleagues,  ibid.  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.  Mar- 
tius  Rutilus,  who  refused  a  second  censorship  when  conferred  on 
him,  hence  sumamed  CENSORINUS,  Valer.  Max.  iv.  L— 2.  If 
one  of  the  censors  died,  another  was  not  substituted  in  his  room  ; 
but  his  surviving  colleague  was  obliged  to  resign  his  office,  Iav.  xxiv. 
43.  xxvii.  6. 

The  death  of  ti  censor  was  esteemed  ominous,  because  it  hap- 
pened that  a  censor  died,  and  another  was  chosen  in  his  place,  in 
that  lustrwn  in  which  Rome  was  taken  by  the  Gauls,  Liv.  v.  31.  vi. 
27. 

The  censors  entered  on  their  office  immediately  after  their  elec- 
tion. It  was  customary  for  them,  when  the  comitia  were  over,  to 
sit  down  on  their  curule  chairs  in  the  Campus  Martius,  before  the 
temple  of  Mars,  Liv.  xl.  '45.  Before  they  began  to  execute  their 
office,  they  swore  that  they  would  do  nothing  through  favour  or  ha- 


CENSORS.  117 

tred,  bat  that  they  would  act  uprightly ;  and  when  they  resigned 
their  office,  they  swore  that  thev  had  done  so.  Then  going  up  to 
the  treasury,  (in  ararium  ascendenUt^)  they  left  a  list  of  those  whom 
they  had  niade  (srant,  Liv,  xxjx.  37* 

A  record  of  the  proceedings  of  the  censcnrs  (mtmoria  pvUicu  rs* 
uimonis^  iahidis  pubiicis  impressa)  was  kept  in  the  temple  of  the 
nymphs,  Ctc.  pro  Mil.  27.  and  is  also  said  to  have  been  preserved 
with  great  care  by  their  descendants,  Dionys.  i.  74^ 

One  of  the  censors  to  whom  it  fell  by  lot,  Farr,  LaL  L.  ▼•  9l  af- 
ter the  census  was  finished,  offered  a  solemn  sacrifice  (lustrum  com* 
didil)  in  the  Campus  Maitius.     See  p.  77. 

The  power  of  the  censors  continued  unimpaired  to  the  tribune* 
ship  of  Clodius,  A.  U.  695.  who  got  a  law  passed,  ordering  that  no 
senator  should  be  degraded  by  the  censors,  unless  he  had  been  for-  * 
mally  accused  and  condemned  by  both  censors,  Dio.  xxxviii.  13. 
but  tUs  law  was  abrogated,  and  the  powers  of  the  censorship  re- 
stored soon  after  by  Q.  Metellus  Scipio,  A.  U.  703.  Ascon.  in  QV. 
Dio.  xl.  57. 

Under  the  emperors  the  office  of  censor  was  abolished  :  but  the 
chief  duties  of  it  were  exercised  by  the  emperors  themselves,  or  by 
other  magistrates. 

Julius  CflBsar  made  a  review;  of  the  people  (f'tcsnswn  populi  egit^) 
after  a  new  manner,  in  the  several  streets,  by  means  of  the  proprie* 
tors  of  the  houses,  (vicattm  per  dominos  tVi^ii/arum,)  Suet  Jul.  4L 
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 

Ciblic,  ibid,  which  used  to  be  given  them  in  former  times,  first  at  a 
w  price,  Liv.  ii.  34.  and  afterwards  by  the  law  of  Clodius,  for 
nought,  Ctc.  pro  SexL  25.  Ascon.  in  Cic. 

Julius  Caesar  was  appointed  by  the  senate  to  inspect  the  morals 
of  the  citizens  for  three  years,  Dio.  xliii.  14.  under  the  title  of 
PRiEFECTUS  MORUM  vel  moribus.  Suet.  Jul.  76.  Cic.  Fam.  ix. 
15.  afterwards  for  life,  under  the  title  of  censor,  Dio.  xliv.  5.  A 
power  similar  to  this  seems  to  have  been  conferred  on  Pompey  in 
his  third  consulship,  (corrigendis  moribus  delectus^)  Tacit.  Ann.  ii. 
28. 

Augustus  thrice  made  a  review  of  the  people ;  the  first  and  last 
time  with  a  colleague,  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  Dio  Cassius, 
liii.  17«  liv.  2.  10  &  30.  according  to  Suetonius  for  life,  (ricejait  et 
marum  legumque  regimen  perpeiuum,)  Suet.  Aug.  27,.  under  the  ti- 
tle of  MAGISTER  MORUM,  Fast.  Cons.  Hence  Horace,  Epist. 
n.  I. 

Cum  tot  suslinaaMf  ac  tanla  ntgotia  solus. 
Res  Itaias  armis  luUris^  moribas  omeSf 
Legibm  snumau^  ^tc. 

Augustus,  however,  declined  the  title  of  censor.  Suet.  27.  although 


118  ROMAN  ANTIQUITIES, 

he  is  BO  called  by  Macrobius,  SaL  ii.  4.  and  Ovid  says  of  hioii  nc 
agitur  CBNSURA,  &c.  fkst,  vi.  647.  Some  of  the  succeeding  empe- 
rors assumed  this  title,  particularly  those  of  the  Fiayian  family,  but 
most  of  them  rejected  it,  as  Trajan,  P/tn.  Paneg.  45.  after  whom 
we  rarely  find  it  mentioned,  Dio,  fiii.  18. 

Tiberius  thought  the  censorship  unfit  for  his  time,  {ntm  id  tempus 
censurar)  Tacit. ^Ann.  ii.  33.  It  was  therefore  intermitted  during 
his  governnient ;  as  it  was  likewise  during  that  of  his  successor. 

A  review  of  the  people  was  made  by  Claudius  and  L.  Vitel]ius» 
the  father  of  the  emperor  A.  Yitellius,  A.  U.  800.  SueL  Claud.  16. 
Vit.  2.  by  Vespasian  and  Titus ;  A.  U.  827.  SutU  Vtsp.  8.  Tit.  6. 
but  never  after.  Censorinus  dt  die  nat,  18.  says,  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 ;  af- 
ter which  it  was  totally  discontinued,  ibid. 

Decius  endeavoured  to  restore  the  censorship  in  the  person  of 
Valerian,  but  without  effect.  The  corrupt  morals  of  Rome  at  that 
period  could  not  bear  such  a  magistrate.  Trebell.  Pollio.  in  Faler. 

IV.  TRIBUNES  of  the  People. 

The  plebeians,  being  oppressed  by  the  patricians  on  account  of 
debt,  Iav.  ii.  23,  6cc.  at  the  instigation  of  one  Sicinius,  made  a  se- 
cession to  a  mountain,  afterwards  called  Mons  Sacer,  three  miles 
from  Rome  ;  A.  U.  260,  ibid,  32.  nor  could  they  be  prevailed  on  to 
return,  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  likewise  that  the  plebeians  should 
have  proper  magistrates  of  their  own  to  protect  their  rights,  whose 
persons  should  be  sacred  and  inviolable,  (sacrosancii,)  Liv.  iii.  33 
&  55.  Dionys.  vi.  89.  They  were  called  TRIBUNES,  according 
to  Varro,  de  Ling.  Lat.  L  iv.  14.  because  they  were  at  first  created 
from  the  tribunes  of -the  soldiers. 

Two  tribunes  were  at  first  created,  Cic.  pro  Com.  1.  at  the  as- 
sembly, by  curice^  who,  according  to  Livy,  created  three  colleagues 
to  themselves,  ii.  33.  In  the  year  283,  they  were  first  elect^  at 
the  Cormtia  Tributa,  c.  58.  and  A.  U.  297.  ten  tribunes  were  cre- 
ated ;  Liv.  iii.  30.  two  out  of  each  class,  which  number  continued 
ever  after. 

No  patrician  could  be  made  tribune,  unless  first  adopted  into  a 
plebeian  family,  as  was  the  case  withClodius,  the  enemy  of  Cicero, 
pro  Dom.^  16.  Suet.  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  sedile,  whose  father  had 
borne  a  curule  oflice,  and  was  alive,  Liv.  xxx.  19.  nor  whose  father 
was  a  captive,  xxviii.  21. 

The  tribunes  were  at  first  chosen  indiscriminately  from  the  ple- 
beians ;  but  it  was  ordained  by  the  Alinian  law,  some  think  A.  U. 
623,  that  no  one  should  be  made  tribune  who  was  not  a  senator, 


TRIBUNES..  119 

■ 

Gell.  jm.  8.  Suet.  Aug.  10.  And  we  read,  that  when  there  were 
no  aenatorian  candidates,  on  a<^tiount  of  the  powers  of  that  office 
beinff  diminished,  Augustus  chose  them  from  the  Eqtutes^  Sue't  Aus. 
40.  Dio.  liv.  26.  30.  But  others  think,  that  the  Atinian  law  on^ 
ordained,  that  those  who  w^re  made  tribunes  should  of  course  be 
senators,  and  did  not  prescribe  any  restriction  concerning  their  elec^ 
tion.  See  Manutius  de  Ugg.  It  is  certain,  however,  that  under  the 
emperors,  no  one  but  a  senator  had  a  right  to  stand  candidate  for 
the  tribaneship,  (jus  tribunaius  peUndi^)  Plin.  Ep.  ii.  9. 

One  of  the  tribunes,  chosen  by  lot,  presided  at  the  comiiia  for 
electing  tribunes,  Iav.  iii.  64.  which  charge  was  called  sors  comttt- 
orum,  ibid.  After  the  abdication  of  the  decemviri^  when  there  wei*e 
no  tribunes,  the  Ponttfex  Maximus  presided  at  their  election,  c.  54. 
If  the  assembly  was  broken  up,  {si  comiiia  dirempta  essent^)  before 
the  ten  tribunes  were  elected,  Uiose  who  were  created  miffht  choose 
(coopiare)  colleagues  for  themselves  to  complete  the  number,  c.  65. 
But  a  law  was  immediately  passed  by  one  Trebonius  to  prevent  this 
for  the  future,  which  enacted,  **  that  he  who  presided  should  con- 
tinue the  comiiia^  and  recall  the  tribes  to  give  their  votes,  till  ten 
.  were  electcfd,^'  ibid. 

The  tribunes  always  entered  on  their  office  the  10th  of  Decem- 
ber, {antt  diem  quartum  Idus  Decembris^)  because  the  first  tribunes 
were  elected  on  that  day,  Ldv.  52.  Dionys.  vi.  89.  In  the  time  of 
Cicero,  however,  Asconius  says,  it  was  on  the  5th  {nonis  Dece^nbiris\ 
in  prosBm.  Verr.  10.  But  this  seems  not  to  have  been  so ;  for  Ci- 
cero himself  on  that  day  calls  Cato  tribunus  designatus^  pro  Sext. 
28. 

The  tribunes  wore  no  toga  prcstexia,  nor  had  they  any  external 
mark  of  dignity,  except  a  kind  of  beadle,  called  viator^  who  went 
before  them.  It  is  thought  they  were  not  allowed  to  use  a  carriage, 
Cic.  Phil.  ii.  24.  Plut.  ^uasL  Rom.  81.  When  they  administered 
justice,  they  had  no  tribunal,  but  sat  on  subsellia  or  benches,  Ascon. 
in  Cic.  They  had,  however,  on  all  occasions^  a  right  of  preceden- 
cy ;  and  every  body  was  obliged  to  rise  in  their  jpresence,  Plin.  Ep. 
123. 

The  power  of  the  tribunes  was  at  first  very  limited.  It  consisted 
in  hindering  not  in  acting,  Dionys.  vii.  17.  and  was  expressed  by 
the  word  VETO,  I  forbid  it.  They  only  had  the  rjght  of  seizing, 
but  not  of  summoning ;  {prehensionem,  sed  non  vocatione.fn  habebant^ 
Gell.  xiii.  12.  Their  office  was  only  to  assist  the  plebeians  against 
the  patricians  and  magistrates ;  (Auxiliif  non  pance  jus  datum  illi 
potestati,)  Liv.  ii.  35.  vi.  37.  Hence  they  were  said,  esse  privati^ 
sine  imperioy  sine  magistratu,  ii.  56.  not  being  dignified  with  the 
name  of  magistrates,  Plutarch,  in  Coriol.  et  Qucest.  Rom.  81.  as  they 
were  afterwards,  Liv.  iv.  2.  Sail.  Jug.  37.  They  were  not  ev^n 
allowed  to  enter  the  senate.    -See  p.  22. 

But  in  process  of  time  they  increased  their  influence  to  such  a 
degree,  that  under  the  pretext  of  defending  the  rights  of  the  people, 
they  did  almost  whatever  they  pleased.    They  hindered  the  collec- 


19D  ROMAN  ANTIQUITIES. 

tion  of  tribute,  Liv.  v.  12.  the  enlisting  of  soldiers,  iv.  I.  and  the 
creatioa  of  magistrates,  which  they  did  at  one  time  for  five  years, 
Liv,  vL  35*  They  could  put  a  negative  {iniercedert)  upon  aJi  the 
decrees  of  the  senate  and  ordinances  of  the  people ;  Cic,  pro  Mil, 
6.  Liv,  xlv.  21.  Pofyb.  vi.  14,  and  a  single  tribune  by  his  VETO^ 
could  stop  the  proceedings  of  all  the  other  magistrates,  which  Caesar 
calls  extrermvn  jus  iribunorumy  de  Bell.  Civ.  i.  4.  Liv.  ii.  44.  iv.  6 
&  48.  vi.  35.  Such  was  the  force  of  this  word,  that  whoever  did 
not  obey  it,  whether  magistrate  or  private  person,  was  immedtateiy 
ordered  to  be  led  to  prison  by  a  viator  ;  or  a  day  was  appointed  for 
his  trial  before  the  people ;  as  a  violater  of  tlie  sacred  power  of  the 
tribunes,  the  exercise  of  which  it  was  a  crime  to  restrain,  (m  ordinem 
cogere^y  PUn.  Ep.  i.  23.  Liv.  xxv.  3.  4.  Plutarch,  in  Mario.  They 
first  began  with  bringing  the  chief  of  the  patricians  to  their  trial  be- 
fore the  Comitia  TribtUa;  as  they  did  Coriolanus,  Diontfs,  vii.  65. 

If  any  one  hurt  a  tribune  in  word  or  deed,  he  was  held  .accursed, 
(sacer^)  and  his  goods  were  cx)nfiscated,  Liv.  iii.  55.  Dionys.  vi,  89* 
vii.  17.  Under  the  sanction  of  this  law,  they  carried  their  power 
to  an  extravagant  height.  They  claimed  a  right  to  prevent  consuls 
from  setting  out  to  their  provinces ;  Plutarch,  in  Crass.  Dio,  xxxix. 
39.  and  even  to  pull  victorious  generals  from  their  triumphal  cha- 
riots, Cic.  pro  CcbL  14.  They  stopped  the  course  of  justice  by  put- 
ting off  trials,  Liv.  iii.  25.^  Cic.  Phil.  ii.  2.  in  Vatiru  14.  and  hin- 
derihg  the  execution  of  a  sentence ;  Cic.  de  prov.  cons.  'S.  Liv. 
xxxviu.  60.  They  sometimes  ordered  the  military  tribunes,  and 
even  the  consuls  themselves,  to  prison,  Liv.  iv.  26.  v.  9.  Epit.  48* 
55.  Cic.  in  Vatin.  9  &l  10.  Dio.  xxxvii.  50.  (as  the  Ephori  at  La* 
cedsemom  did  their  kings,  Ntp.  in  Pans.  3.  whom  the  tribunes  at 
Rome  resembled,  Cic.  de  Legg.  iii.  7  &  9.)  Hence  it  was  said, 
Datum  subjugum  tribuniticB  potestatis  consulatum  fmsse^  Liv.  iv.  26. 

The  tribunes  usually  did  not  give  their  negative  to  a  law,  till 
leave  had  been  granted  to  speak  for  and  against  it,  Iav.  xlv.  21. 

The  only  effectual  method  of  resisting  the  power  of  the  tribunes, 
was  to  procure  one  or  more  of  their  number,  (e  collegio  tribunorum) 
to  put  a  negative  on  the  proceedings  of  the  rest,  Liv.  ii.  44. Jv.  48. 
vi.  35.  but  those  who  did  so,  might  afterwards  be  brought  to  trial 
before  the  people  by  their  colleagues,  Liv.  v.  29. 

Sometimes  a  tribune  was  prevailed  on  by  entreaties  or  threats,  to 
withdraw  his  negative,  (intercessione  desistere,)  or  he  demanded 
time  to  consider  it,  (noctem  sibi  ad  deliberandum  postulavit ;  se  pos* 
lero  die  moram  nullam  esse  facturum,)  Cic.  pro  Sext.  34.  Attic,  iv. 
2.  Fam.  viii.  8.  or  the  consuls  were  armed  with  dictatorial  power  to 
oppose  him,  Ctzs.  de  Bell.  Civ.  i.  5.  Cic.  Phil.  ii.  21  &  22.  (sec 
p.  27.)  from  the  {error  of  which,  M.  Antonius  and  Q.  Cassius  Lon- 
^inus,  tribunes  of  the  commons,  together  with  Curio  and  Coelius, 
fled  from  the  city  to  Caesar  into  Gaul ;  and  afforded  him  a  pretext 
for  crossing  the  river  Rubicon,  which  was  the  boundary  of  his  pro- 
vince, and  of  leading  his  army  to  Rome,  ibid.  Dio.  xli.  3.  Appian. 
Bell.  Civil,  ii.  p.  448.  Plutarch,  in  Cues.  p.  727.  Lucan.  i.  273. 


TRIBUNES.  ISl 

We  also  find  the  senate  exercising  a  right  of  limiting  the  power 
of  the  tribunes,  which  was  called  CIRCUMSCRIPTIO,  Cic.  Au, 
vii.  9.  pro  Mil,  33.  Ccts.  de  Bell,  Civ.  i.  33*  and  of  removing  them 
from  their  office,  (a  reptAlica  removendi^  i.  e.  curia  etforo  interdicen' 
di,)  Caes.  de  Bell.  Civ.  iii.  31.  Suet  Jul.  16.  as  they  did  likewise 
other  magistrates,  ibid.  <{r  Cic.  Phil.  xiii.  9.  On  one  occasion  the  ^ 
senate  even  sent  a  tribune  to  prison,  Dio.  xl.  45.  but  this  happened 
at  a  time  when  all  order  was  violated,  ibid.  46. 

The  tribuneship  was  suspended  when  the  decemviri  were  created, 
Liv.  iii.  33.  but  not  when  a  dictator  was  appointed,  vi.  38. 

The  power  of  the  tribunes  was  confined  to  the  city,  Dionys.  viii. 
87.  and  a  mile  around  it ;  (neque  enim  provocationem  esse  longius  ab 
urbe  mille  passuum^)  Liv.  iii.  30.  unless  when  they  were  sent  any 
where  by  the  senate  and  people  ;  and  then  they  might,  in  any  part 
of  the  empire,  seize  even  a  proconsul  at  the  head  of  his  army,  and 
bring  him  to  Rome,  {jure  sacrosancta  potestatis^)  Liv.  xxix.  30. 

The  tribunes  were  not  allowed  to  remain  all  night  Cp^moctare)  in 
the  country,  nor  to  be  above  one  whole  day  out  of  town,  except 
during  the  Feria  LcUirus,  Dionys.  viiL  87.  and  their  doors  were  open 
<iay«and  night,  that  they  might  be  always  ready  to  receive  the  re- 

Suests  and  complaints  of  the  wretched,  OelL  iii.  3.  xiii.  13.  Macrob. 
at.  i.  3. 

The  .tribunes  were  addressed  by  the  name,  Tribunj.  Those 
who  implored  their  assistance,  (eos  appellabant,  ¥el  au9ilium  implorw- 
bantf)  said  A  vobis,  Tribuni,  postulo,  ut  mihi  auxilio  bitis. 
The  tribunes  answered,  Auxilio  erimus,  vel  non  erimds,  Liv.  iv. 
26.  xxviii.  45. 

When  a  law  was  to  be  passed,  or  a  decree  of  the  senate  to  be 
made,  after  the  tribunes  had  consulted  together,  {cum  in  consilium 
secessissent^)  one  of  their  number  declared,  {ex  sua  coilegarumque 
senierUia  vel  pro  collegio  pronunciavit^)  8b  intercbdere,  vel  nok- 

IHTERCBDf re,  iltlt   MORAM    FACERE   COmiltif,    deUctui,  6CC.      AlsO,  SE 

WON  PASSUROS  legem  ferri  vel  abrogari;  relationem  fieri  de,  &C.. 
Pronunliant  placerb,  &c.  This  was  called  DECRETUM  tribuno- 
rum,  Liv.  iii.  13.  &  alibi  passim.  Thus ;  Medio  decreto  jus  auxilU 
sui  expediunt,  exert  their  right  of  intercession  by  a  moderate  de- 
cree, ib. 

Sometimes  the  tribunes  sat  in  judgment,  and  what  they  decreed 
was  called  their  EDICTUM,  or  decretum,  Cic.  Verr.  li.  41.    If 
any  one  differed  from  the  rest,  he  likewise  pronounced  his  decree  ; 
thus,  Tib.  Gracchus  ita  decrevit:  Quo  minus  ex  6onis  L.  Scipioni^^ 

QUOD  JUOICATUM  SIT,  RBDIGATUR,   SE    NON    INTERCEDERE*  PRJB^ 
TORI.      L.    SCIPIONEM    NON    PASSURUM  IN  CARCERE  ET  tN  VINCU- 

LIS  ESSE,  MiTTiQUE  EUM  SB  JUfiERE,  Liv.  xxxviii.  60. 

The  tribunes  early  assumed  the  right  of  holding  the  comitia  by 
tribes,  and  of  making  laws  (PLEBISUlTA),  which  boundihe  whole 
Roman  people,  lAv.  iii.  10  dt  55.    (See  p.  91.)    They  also  exer- 
cised the  power  of  holding  the  senate,  A.  17^398.  Dionys.  x.  3L    ^' 
Gc.  de  Legg.  iii.  10,  of  dismissing  it,  when  assembled  by  another. 


ISZ  ROMAN  ANTIQUITIES. 

m 

Afman.  de  BelL  Civ*  ii.  and  of  makii^  a  motion,  althoogh  the  con* 
suifl  were  present,  CVt.  PkiL  vii.  1.  pro  Scxi.  11.  They  likewise 
sometimes  hindered  the  censors  in  the  choice  of  the  senate,  Dio^ 
xxxTii.  9. 

Ttie  tribunes  often  assembled  the  people  merely  to  make  ha* 
rangues  to  them,  {condonem  advoc€tbani  vei  populum  ad  conctonem,) 
GelT.  xii.  14.  By  the  ICILIAN  law,  it  was  forbidden,  under  the 
severest  penalties,  to  interrupt  a  tribune  while  speaking,  Dwnys. 
vii.  17.  Cie.  fro  StxL  37.  and  no  one  was  allowed  to  speak  in  the 
assemblies  summoned  by  them,  without  their  permission:  hence 
condonem  dare^  to  grant  teave  to  nieak,  Ctc.  Ait.  iv.  2.  in  condonem 
aseenderef  to  mount  the  rostra^  ioid.  condonem  habere^  to  make  a 
speech,  or  to  hold  an  assembly  for  speaking ;  and  so^  in  cendotum 
venire^  Clc*  pro  Sext  40.  in  condonem  vocare^  &  in  condone  store  } 
Id*  Acad.  iT..47.  but  ta  hold  an  assembly  for  voting  about  any  things 
was,  habere  comitia^  vel  AGERE  cwnpopulo^  Gell.  xiiir  15. 

The  tribunes  limited  the  thne  of  speaking  even  to  the  c<msuk 
themselves,  Ctc.  pro  Rabir.  2.  and  sometimes  woukl  not  permit  them 
to  speak  at  alL  (See  p.  101.)  They  could  bring  any  one  before 
the  assembly,  {ad  condonem  *vel  in  condone  vroducere^  and  Ibrce 
them  to  answer  what  questions  were  put  to  tnem,  Cic,  in  Vatin,  10* 
Pis,  6  &  7.  post  red.  in  Sen,  6.  Dio.  xxxviii.  16. 

The  laws  which  excited  the  greatest  contentions,  were  about  di- 
viding the  public  lands  to  the  poorer  citizens,  (IJBGES  AGRA* 
RI^,)  Liv.  ii.  41.  iv.  48.  vi.  11.  Ctc.  in  Rull. — about  the  distribu* 
tion  of  corn  at  a  low  price,  or  for  naught,  (Leges  FRUMENTARLK 
vel  annonarioe ;)  Liv.  Epit  Ix.  Ixxi.  Cic.  ad  Herenn.  i.  .12.  pro 
Sext.  25.  Ascon.  in  Cic— and  about  the  diminution  of  interest,  {de 
levando  foenore^),  and  the  abolition  of  debts,  either  in  whole  or  in 
part,  {de  novis  labtdes  ;— leges  FGENBBRE8,)  Liv.  vi.  27  <{r  35; 
vii.  16  4r  42.  XXXV.  7.  Paterc.  it.  23.     See  p.  47. 

But  these  popular  laws  were  usually  joined  by  the  tribunes  with 
others  respecting  the  aggrandizement  of  themselves  and  their  order, 
Liv,  vi.  35  <Sr  39.  and  when  the  latter  were  granted,  the  former 
were  often  dropped,  c  42.  At  last,  however,  after  great  struggles^ 
the  tribunes  laid  open  the  way  for  plebeians  to  all  tli^  offices  of  the 
state. 

The  government  of  Rome  was  now  brought  to  its  just  equilibrium* 
There  was  no  obstruction  to  merit,  and  the  most  deserving  were 
promoted.  The  republic  was  managed  for  several  ages  with  quiet 
and  moderation,  {placidi  modesteque.)  But  when  wealth  and  luxu- 
ry were  introduced,  and  avarice  had  seized  all  ranks,  especially  after 
the  destruction  of  Carthage,  the  more  wealthy  plebeians  joined  the 
patricians,  and  they  in  conjunction  engrossed  all  the  honours  and 
emokiments  of  the  state.  The  body  of  the  people  were  oppressed ; 
and  the  tribunes,  either  overawed  or  gained,  did  not  exert  their  in* 
fluence  to  prevent  it ;  or  rather  perhaps  their  interposition  was  dis* 
regarded,  Sallust.  Jug.  41. 

At  last  Tiberius  and  Caius  Gracchus,  the  grandsons  of  the  great 


TRIBUNES.  ISS 

Sci{HO  AfiicaDHS  by  his  daughter  Corpelifi«  bravely  undertook  to  ai* 
«ert  the  Uberties  of-  the  people,  and  to  check  the  of^ression  of  the 
nobility.  But  proceeding  with  too  great  ardour,  and  not  being  suffi* 
ciently  supported  By  the  multitude,  they  fell  a  sacrifice  to  tl^  rage 
of  their  enemies.  Tiberius,  while  tribune,  was  slain  in  the  capitoi, 
by  the  nobility,  with  his  cousin  Scipio  Nanca,  Pimliftx  Maximu$i  at 
their  head ;  A.  U.  63a  Appian.  de  BtlL  Civ.  i.  359.  Cic.  Cat.  i.  1. 
and  Caius,  a  few  years  after,  perished  by  .means  of  the  consul  Opi- 
mius,  who  slaughtered  a  great  number  of  the  plebeians,  SallusL  Jug* 
16  &  42.  This  was  the  first  civil  blood  shed  at  Rome,  which  cS*- 
terwards  at  different  times  deluged  the  state,  Appian:  ibid.  i.  34S. 
VtU.  iL  3.  From  this  period,  when  arms  and  violence  bet^n  to  be 
used  with  impunity  in  the  legislative  assemblies,  and  laws  enacted 
by  force  to  be  held  as  valid,  we  date  the  commencement  of  the  ruin 
of  Aoman  liberty. 

In  the  Jugurtbine  war,  when,  by  the  infamous  corruptioa  c^  the 
nobility,  the  republic  had  been  basely  betrayed,  the  plebeians,  ani- 
mated by  the  bold  eloquence  of  the  tribune  Memmins,  regained 
the  ascendency,  Ibid,  40.  65.  78  <{r  84.  The  contest  betwixt  the 
two  orders  was  renewed  ;  but  the  people  being  misled  and  abused 
by  their  favourite,  the  faithless  and  ambitious  Marius,  Dio.  fragment 
xzxiv.  64,  the  nobility  again  prevailed  under  the  conduct  of  Sylla. 

Sylla  abridged,  and  in  a  manner  extinguished,  the  power  of  the 
tribunes,  by  enacting,  **  That  whoever  had  been  tribune,  should 
not  afterwards  enjoy  any  other  magistracy ;  that  there  should  be  no 
appeal  to  the  tribunes ;  that  they  should  not  be  allowed  to  assemble 
the  people,  and  make  harangues  to  them,  nor  propose  laws,"  Liv, 
EpiU  89.  Appian.  B.  Civ.  i.  413.  but  should  only  retain  the  right  of 
intercession.  Cess,  de  BelL  Civ,  i.  6.  (injuria  facienda  potestatem 
ademii,  auxilii  fertndi  reliquit,)  which  Cicero  greatly  approves,  Cic 

de  Legg'  iii.  9** 

But  after  the  death  of  Sylla,  the  power  of  the  tribunes  was  re- 
stored. In  the  consulship  of  Cotta,  A.  U.  670,  they  obtained  the 
right  of  enjoying  other  offices,  Ascon.  in  Cic,  and  in  the  consulship 
of  Pompey  and  Crossus,  A.  U.  683.  all  their  former  powers  ;  SalL 
Cat,  38.  Cic.  in  Verr.  i.  15.  de  Legg,  iii.  11.  a  thing  which  Csdstir 
strenuously  promoted,  Suet,  Jul.  5,  ^ 

The  tribes  henceforth  were  employed  by  the  leading  men  as  the 
tools  of  their  ambition.  Backed  by  a  hired  mob,  (a  conductd  plebe 
^tipati,)  they  determined  every  thing  by  force.  They  made  and  ab-  • 
rogated  laws  at  pleasure,  Cic.  in  Pis.  4.  pro  Sexi.  25.  .They  dis"- 
posed  of  the  public  lands  and  taxes«  at  they  thought  proper,  and 
conferred  provinces  and  commands  dh  those  who  purchased  thctn 

*  *'  The  tribes  were  first  made  a  branch  of  the  legislature  b^  the  Pubiiliao  law. 
Until  then  they  could  on\j  pass  resolutions,  as  every  other  corporation  can,  wfaidi 
merely  bound  their  own  body.  On  this,  as  on  other  points,  Sylla,  when  he  took  away 
tlie  right  of  proposing  laws  from  the  tribunes,  was  unquestionably  restoring  the  letter 
of  the  coBstitntioo  ont  of  an  age  which  had  passed  away,  and  which  he  everywhere 
ained  to  reTive."    mebuhr.-^Zv. 


124  ROMAN  ANTIQUITIES. 

at  the  highest  price,  Cic.  pr4  Sext.  6.  10.  24.  26.  4^c.  pro  Dom.  8 
&  20.     The  assemblies  of  the  people  were  converted  into  scenes  of 

Violqnce  and  massacre  ;  and  the  most  daring  always  prevailed,  Cic. 
pro  Sext.  35.  36.  37.  38.  ^c.  Dio.  xxxixl  7.  8.  ^c. 

Julius  Gsesar,  who  had  been  the  principal  cause  of  these  excesses, 
and  had  made  the  violation  of  the  power  of  the  tribunes  a  pretext 
for  making  war  on  his  country ;  (see  p.  120.)  having  at  last  become 

'  jfnaster  of  the  republic  by  force  of  arms,  reduced  that  power,  by 
which  he  had  been  raised,  to  ^  mere  name ;  and  deprived  the  tri- 
bunes of  their  office  {potestate  privavit)  at  pleastuie,  Suet.  Jul.  79* 
Dio.  xliv.  10.  f^7f.4i^68. 

r  Augustus  got  the  tribuhittan  power  to  be  conferred  on  bhnself  for 
life,  by  a  decree  of  the  senate,  iDfts.4i.  19.  the  exercise  of  it  by  pro- 
per magistrates,  as.  formerly,  being  inconsistent  with  an  absolute  mo- 

•  narch,  which  that  artful  usurper  established,  Suet.  Aug.  27.  Tacit» 
Ann.  iii.  56.  This  power  gave  him  the  right  of  holding  the  senate^ 
Dio.  liv.  3.  (see  p.  19.)  of  assembling  the  people,  and  of  being  ap- 
pealed to  in  all  cases,  Dio.  ii.  19.  It  also  rendered  his  person  sacred 
and  inviolable  ;  so  that  it  became  a  capital  crime  {crimen  MAJE8- 
TATIS)  to  injure  him  in  word  or  deed,  Dio.  liii.  17.  which,  under 
the  succeeding  emperors,  served  as  a  pretext  for  cutting  off  numbers 
of  the  first  men  in  the  state,  and  proved  one  of  the  chief  supports  of 
tyranny,  (ADJUMENTA  REGNI,)  Tadt.  Annul,  iu.  38.  Suet.  Tib. 

V58  &  61.  Ner.  35.  Hence  this  among  other  powers  used  to  be 
conferred  on  the  Emperors  in  the  beginning  of  their  reign,  or  upon 
other  solemn  occasions ;  and  then  they  were  said  to  be  Tribuiiitia 
potestate  donali,  CapitoF.  in  M.  Anton. — Yopisc.  in  Tacit,  (see  p.  29.) 
Hence  also,  the  years  of  their  government  were  called  the  years  of 
their  tribunitian  poweK  Dio,  liii.  17.  which  are  found  often  marked 
on  ancient  coins ;  computed  not  from  the  first  of  January,  nor  from 
the  lOth  of  December,  (iv.  Id.  Dec.)  the  day  on  which  the  tribunes 
entered  on  their  office  ;  but  from  the  day  on  which  they  assumed 
the  enipire. 

The  tribunes,  however,  still  continued  to  be  elected,  altfaouffh  they 
retained  only  the  shadow  of  their  former  power,  {vnanem  utMram  et 
sine  honore  nomen,)  Plin.  Ep.  L  23.  Paneg.  10  &  95.  Tacit.  1.  77. 
xiii.  28.  and  seem  to  have  remained  to  the  time  of  Constantino,  who 
abolished  this  with  other  ancient  offices. 

V.  iEDILES. 

The  Mdiles  were  namdd  from  their  care  of  the  buildings,  (a  cura 
sedium.) 

The  iEdiles  were  either  plebeian  or  curule. 

Two  JEDILES  PLEBEII  were  first  created,  A.  U.  260,  in  the 
Comitia  Curiata,  at  the  same  time  with  the  tribunes  of  the  commons, 
to  be  as  it  were  their  assistants,  and  to  determine  certain  lesser 
causes,  which  the  tribunes  committed  to  them,  Dionys.  vi.  90* 


iEDILES.  135 

They  were  afterwards  created,  as  the  other  inftrior  magistrates,  at 
the  Comitia  Tributa, 

Two  iGDILES  CURUI.es  were  created  from  the  patricians,  * 
A.  U.  387,  to  perform  certain  public  games,  Ltr.  vi.  42.     They 
were  first  chosen  alternately  from  the  patricians  and  plebeians,  but 
afterwards,  promiscuously  from  both,  Liv.  vii.  1.  at  the  Comitia 
Tributa^  Gelt.  vi.  9. 

The  curule  aediles  w;ore  the  togaoraiexta,  had  the  right  of  ima- 
ges, and  a  more  honourable  place  ot  giving  their  opinion  in  the  se- 
nate, Cic^  Vtrr.  V.  14.  They  used  the  sella  curulis,  when  they  ad- 
ministered justice,  whence  they  had  their  name,  ib.  Whereas  the 
1>lebeian  aediles  sat  on  benches,  Ascon.  in  Cic.  but  they  were  invio- 
able,  (SACROSANCT!,)  as  the  tribunes,  Festus.  Iav.  iii.  55. 
'  The  office  of  the  sediles  was  to  take  care  of  the  city,  Cic.  de  Legg, 
III.  3.  its  public  buildings,  temples,  theatres,  baths,  basiliccBf  porticos, 
aquseducts,  common  sewers,  public  roads;  &c.  especially  when 
there  were  no  censors ;  also  of  private  buddings,  lest  they  should 
become  ruinous,  and  deform  the  city,  or  occasion  danger  to  passen- 
gers. They  likewise  took  care  of  provisions,  markets,  taverns,  Ac. 
They  inspected  those  things  which  were  exposed  Id  sale  in  the  Fo- 
rum ;  and  if  they  were  not  good,  they  caused  them  to  be  thrown 
into  the  Tiber,  PlauL  Rud,  ii.  3. 42.  They  broke  unjust  weights  and 
measures,  Jitvenal.  x.  lOL  They  limited  the  expenses  of  funerals, 
Cic,  Phil.  ix.  7.  Ovid.  Fast.  vi.  6(S3.  They  restrained  the  avarice 
of  usurers,  Liv.  x.  37.  They  fined  or  banished  women  of  bad  cha- 
racter, after  being  condemned  by  the  senate  or  people.  Tacit.  Ann. 
ii.  85.  Liv.  X.  31.  xxv.  %  They  took  care  that  no  new  gods  or  re- 
ligious ceremonies  were  introduced,  Liv.  iv.  30.  They  punished  not 
only  petulant  actions,  but  even  words,  Gell.  x.  6. 

The  sediles  took  cognizance  of  these  things,  proposed  edicts  con- 
cerning them.  Plant.  Capt.  iv.  2.  v.  43.  and  fined  delinquents. 

The  aediles  had  neither  the  right  of  summoning  nor  of  sei^ng,  un- 
less by  the  order  of  the  tribunes ;  nor  did  they  use  lictors  or  viato* 
res,  but  only  public  slaves,  Gell.  xiif.  12.  They  might  even  be 
sued  at  law,  (in  jus  vocari,)  by  a  private  person,  t6ic/.  13.  It  belong- 
ed to  the  sediles,  particularly  the  curule  sediles,  to  exhibit  public  so- 
lemn games,  Liv.  xxiv.  43.  xxvii.  6.  which  they  sometimes  did  at  a 
prodigious  expense,  to  pave  the  way  for  future  preferanents,  Cic. 
Off.  ii.  16.  They  examined  the  plays  which  were  to  be  brought  on 
the  stage,  and  rewarded  or  punished  the  actors  as  they  deserved, 
Plant.  Frin.  iv.  2.  148.  Cxst.  Epil.  3.  They  were  bound  by  oath 
to  give  the  palm  to  the  most  deserving,  Id.  Amphit.  Prol.  72.  Agrip- 
pa,  when  aedile  under  Augustus,  banished  all  jugglers  {prcdstigiatores) 
and  astrologers,  Dio.  xlix.  43. 

It  was  peculiarly  the  offite  of  the  plebeian  sediles  to  keep  the  de- 
crees of  the  senate,  and  the  ordinances  of  the  people,  in  the  temple 
of  Ceres,  and  afterwards  in  the  treasury,  Liv.  lii.  55.  n 

Julius  Csesar  added  two  other  sdiles,  called  CERE  ALES,  (a 


136  .    ROMAN  ANTIQUITIES. 

Cerert,)  to  inspect  the  public  stores  of  corn  and  other  proyisions, 
Suet.  JtU.  4L  Dio.  xltii.  51. 

The  free  towns  also  had  their  sBdiles,  Juv.  iii.  179.  where  some- 
tioies  they  were  the  only  magistrates,  a^  at  Arpinum,  Ctc.  Fam.  xiti. 
11. 

The  sediles  seem  to  have  continued,  but  with  some  variations,  to 
the  time  of  Constantino. 

VL  QUiESTORS. 

The  Qusestors  were  so  called,  (a  qutBrendo^)  because  they  got  in 
the  public  revenues,  {puhlicas  pecunias  conquirebafUf)  Varro  de  I^ 
L.  iv.  4. 

The  institution  of  quaestors  seems  to  have  been  nearly  as  ancient 
as  the  city  itself.  The^  were  £rst  appointed  by  the  kings,  accord- 
ing to  Tacitus,  Annal.  xi.  S2.  And  then  by  the  consuls,  to  the  year 
307,  when  they  began  to  be  elected  by  the  people,  at  the  Comitia 
TrUnda^  Cic.  Fam.  vi.  30.  Others  say,  that  two  quaestors  were 
created  by  the  people  from  among  the  patricians,  £Oon  after  the  ex- 
pulsion of  Tar^in,  to  take  care  of  the  treasury,  according  to  a  law 
passed  by  Yalet^ius-Poplicola,  Plutarch,  in  Poplic.  Dionys.  v.  34. 

In  the  year  333,  besides  the  two  city  quaestors,  two  others  were 
created  to  attend  the  consuls  in  war,  {ut  consulibua  ad  ministeria  htU 
li  prcBsto,  esseni ;)  and  from  this  time  the  quaestors  might  be  chosen 
indifierently  from  the  plebeians  and  patricians,  lAv.  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, 
Liv.  Epit.  XV.  Sylla  increased  their  number  to  20,  {suppUndo  sena^ 
ttdy  cumjudicia  tradiderat^)  Tacit.  Ann.  xi.  22.  and  Julius  Caesar  to 
40,  Dion,  xliii.  47.  Under  the  emperors  their  number  was  uncer- 
tain and  arbitrary. 

Two  quaestors  only  remained  at  Rome,  and  were  called  QU^S- 
TORES  URBAN! ;  the  rest,  PROVINCIALES  or  MILITARES. 

The  prijicipal  charge  of  the  city  quaestors  was  the  care  of  the 
treasury,  which  was  kept  in  the  temple  of  Saturn,  Suet.  Claud.  24. 
Plut.  QucBst,  Rom.  40.  They  received  and  expended  the  public 
money,  and  entered  an  account  of  their  receipts  and  disbursements, 
{in  tabulas  accepli  et  expensi  reftrtbanQ  Ascon.  in  Cic.  They  ex- 
acted the  fines  imposed  by  the  public.  Lid.  xxxviii.  60.  Tacit.  Ann. 
xiii.  28.  The  money  thus  raised  was  called  ARGENTUM  MUL- 
TATITIUM,  Uv.  XXX.  39. 

The  quaestors  kept  the  military  standards  in  the  treasury,  (which" 
were  generally  of  silver,  Plin.  xxxiii.  3.  s.  19.  sometimes  of  gold, 
for  the  Romans  did  not  use  colours,  {non  velis  utebantur ;)  and 
brought  them  oiit  to  the  consuls  when  going  upon  an  expedition,  Liv. 
iii.  69.  iv.  22.  vii.  23.  They  entertained  foreign  ambassadors; 
provided  them  with  lodgings,  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  expense,  as  Menenius  Agrip- 


QU^STORS.  127 

pQ,  Dionyi.  vL  Jin.  Sulpicius,  Cic.  PhxL  ix.  7.     'Hi^y  exercised  a  ^ 
certain  jurisdiction,  especially  among  their  clerks,  Plut*  m  CaL 

Commanders  retnnung  from  trar,  before  they  opuld  obtain  a  tri- 
ompb,  were  obliged*  to  swea^  -before  the  qiueitors,  that  tbey  had 
written  to  the  senate  a  true  account  of  the  number  of  the  enemy 
they  had  slain,  and  of  the  citizens  that  were  missing,  FaUr.  Max. 
iLa 

The  provinces  of  the  qusBstors  were  annacdly  distributed  to  thera 
by  lot,  Cic.  pro  Mnr.  8.  after  the  senate  had  'determined  into  what 
province  quaestors  should  be  sent  Whence  SORS  is  often  put  for 
the  office  or  appointment  of  a  quaestor,  Cic.  Ftrr.  i.  15,  CacU.  14* 
FcBm.  \u  19.  as  of  other  magistrates.  Id.  Vtrr.  Act,  \.  8.  Plane.  27. 
Liv.  XXXV.  6.  and  public  officers,  Cic.  Cat.  iv.  7.  or  for  the  condi* 
tion  of  aoy  one,  itwat.  Sat.  i.  1.  Ep.  i.  14.  i  L  Suet.  Aug.  19. 
Sometimes  a  certain  province  was  given  to  a  particular  quaestor  by 
the  senate  or  people,  Liv.  xxx.  33.  But  Pompey  diose  Casaus  as 
his  quaestor,  and  Caesar  chose  Antony,  of  themselves,  {sine  sortty) 
Cic  AtL  vi.  6.  Cic.  Phil.  ii.  20. 

The  office  of  the  proTincial  quaestors  was  to  attend  the  consuls  or 
praetors  into  their  provinces ;  to  take  care  that  provisions  and  pay 
were  furnished  to  the  army ;  to  keep  the  money  deposited  by  thie 
soldiers  ;  {nummos  ad  signa  depotitoSf)  Suet.  Dom.  8.  V.eget  ii.  30. 
to  exact  the  taxes  and  tribute  of  the  empire ;  Cic  in  Fern  \.  14  dc 
38.  to  take  care  of  the  money,  and  to  sell  the  spoils  taken  in  war ; 
Liv.  V.  26.  xxvi.  47.  Plaul.  Bacch,  iv.  9.  v.  153.  Polyb.  x.  19.  to 
return  an  account  of  every  thing  to  the  treasury ;  and  to  exercise 
the  jurisdiction  assigned  them  by  their  governors,  Cic^  Divin.  in  Cs* 
ci7^17.  Swt.  Jul.  7.  When  the  governor  left  the  province,  the. 
Quaestor  usually  supplied  his  place,  Cic.  ad  Fam.  ii.  15  &  18. 

There  subsisted  the  closest  connexion  between  a  proconsul  or 
propraetor  and  his  quaestor,  (in  parenlum  loco  quastoribus  suis 
trant,)  Cic.  pro  Plane.  11.  Divinat.  in  Caecil.  19.  ad  Fam.  xiii.  10. 
26.  Plin.  Ep.  iv.  15.  If  a  quaestor  died,  another  was  appointed  by 
the  governor  in  his  room,  called  PROQUiESTOR,  Cic.  in  Verr.  L 
15  &  36. 

The  place  in  the  camp  where  the  quaestor^s  tent  was,  and  where 
he  kept  his  stores,  was  called  QU^ESTORIUM,  or  Quastoriumfo- 
raniy  Liv.  x.  32.  xli.  2.  so  also  the  place  in  the  province  where  he 
kept  his  accounts  and  transacted  business,  Cic.  pro  Plane.  41. 

The  city  quaestors  had  neither  lictors  nor  viatores,  because  they 
had  not  the  ptower  of  summoning  or  apprehending,  Cell.  xiii.  12. 
and  might  be  prosecuted  by  a  private  person  before  the  praetor,  ibid. 
13.  Suet.  Jul.  23.  They  could,  however,  hold  the  Comitia  /  and 
it  teems  to  have  been  a  part  of  their  office  in  ancient  times  to  prose- 
cute those  guilty  of  treason,  and  punish  them  when  condemned,  Di- 
(mys.  viii.  77.  Uv.  ii.  41.  iii.  24  25. 
The  provincial  quaestors  were  attended  by  lictors,  at  least  in  the 


128-  ROMAN  ANTIQUITIES. 

abseF^e  of  the  prs&tor,  Cic  pro  Plane*  41.  and  by  clerksy  Cic.  in 
Ferr.  iii.  78. 

The  qusestorship  was  the  ^st  step  of  preferment,  {primus  gradug 
honorusj)  Cic.  in  Verr.  i.  4.  which  gave  one  admission  into  the  se- 
nate, Ctc.  (see  p.  13.)  when  he  was  said  adirt  ad  rempublicam^  Cia  or 
rempublicam  capesstre,  Vel.  ii.  94.  It  was,  however,  sometimes  held 
by  those  who  had  beep  consuls,  Diontfs,  x.  23.  Liv*  iii.  25. 

Under  the  emperors  the  qusestorship  underwent  various  chances. 
A  distinction  was  introdnced  between  the  treasuiy  of  the  public 
(iERARIUM)  and  th5  treasury  of  the  prince,  (FISCUS)  Suet.  Jug. 
102.  Tacit.  Annal.  vi..2.  Plin.  Pan.  30.  Dio.  liii.  16.  and  different 
officers  were  appointed  for  the  management  of  each. 

Au^stus  took  from  the  quaestors  the  charge  of  the  treasuiy,  and 
^gave  tt  to  the  praetors,  or  to  those  who  had  been  i^rsetors ;  Suet. 
Aug.  36.  Tadh.  Ann.  xiii.  28.  Dio.  liii.  2.  but  Claudhis  r^tored  it 
to  the  quaestors,  Suti.  Clamd*  24.  Afterwards  praefects  or  the  trea- 
sury seem  to  haye  been  appointed,  Plin.  Epist.  iii.  4.  Tacit.  Atmal. 
xui.  28  &  29. 

Those^who  had  borne  the  quaestorship  used  to  assemble  the 
judges,  called  centum^iri^  and  preside  at  their  courts ;  but  Augustus 
provided  that  this  should  be  done  by  the  decruviki' litibiis  judican^ 
disf  Suet.  Aug.  36.  The  quaestors  also  chose  the  judices,  Dio. 
xxxix.  7.  Augustus  gave  to  the  quaestors  the  charge  of  the  public 
records,  which  the  aediles,  or  as  Dio  Cassius  says,  the  tribunes  had 
formerly  exercised,  /.  liv.  36.  But  this  too  was  afterwards  trans- 
ferred to  praefects,  Tacit,  loc.  cit. 

Augustus  introduced  a  new  kind  of  quaestors,  called  QUiESTO- 
RES  CANDIDATI,  or  candidati  principes  vel  Augusti,  Suet.  Aug. 
56.  Claud.  49 ;  vel  Ccesaris,  YelL  ii.  1^.  who  used  to  carry  the 
messages  of  the  emperor,  (libelloSf  epistolas,  et  orationes,)  to  the  se- 
nate, Suet»  Tib.  6.  (See  p.  27.)  They  were  called  candidati  because 
they  sued  for  higher  preferments,  which  by  the  interest  of  the  em- 
peror they  were  sure  to  obtain  ;  hence,  Petis  tanquam  Casaris  can- 
didatuSf  i.  e.  carelessly,  Quinctilian,  vi.  3.  62. 

Augustus  ordained  by  an  edict  that  persons  might  enjoy  the  quaes- 
torship, and  of  course  be  admitted  into  the  senate,  at  the  age  of 
twenty-two,  P/m.JSpwf.  x.  83  &  84. 

Under  the  emperors,  the  quaestohi  exhibited  shows  of  gladiators, 
whicli  they  seem  to  have  done  at  their  own  expense,  as  a  requisite 
for  obtainmg  the  office.  Tacit.  Ann.  xi.  22.  Suet.  Domit.  4. 

Constantino  instituted  a  new  kind  of  quaestors,  called  QUiES- 
TORES  PALATII,  who  were  much  the  same  with  what  are  in 
England  called  Chancellors^  Zosim.  v.  Procop.  de  bell.  Pers. 

Other  ORDIKARY  MAGISTRATES. 

Tbere  were  various  other  ordinar/  magistrates ;  as,  TRIUM- 
VIRI CAPITALES,  who  judged  concerning  slaves  and  persons  of 
the  lowest  rank.  Plant.  Aul.  iii.  2. 2.  and  w^ho  also  had  the  charge  of 


ORDINARY  MAGISTRATES.  tt» 

the  prison ;  Lit.  zxxiL  26.  and  of  the  execution  of  condemned  cri- 
minals. Sail,  Cat.  55. 

TRIUMVIRI  MONETALES,  who  had  the  charge  of  the  mint ; 
{gut  (turoy  argtntOf  cert  fiando^  ftriwido  pramerant^  which  is  often 
marked  in  letters,  A.  A.  A.  F.  F.)  Dio.  uv.  26.  According  to  the 
advice  of  Msecenas  to  Augustus,  Dio.  lii.  29.  it  appears  that  only 
Roman  coins  were  permitted  to  circulate  in  the  provinces,  Maiih. 
xzii.20. 

NtJMMULARII,  Y^XpecunuB  spectator es^  assaymastera,  {ad  qua 
ntanmi  vrobandi^  causa  aeferebantur^  an  probi  essent^  cujos  aun  an 
si^Ufarattf  an  mqui  ponderis,  an  bonce  fusionas,) 

TRIUMVIRI  NOCTURNI,  vel  tresviri,  who  had  the  charge  of 
preventing  fires,  {incendiis  per  urbem  arcendis  prcBerant.)  Liv.  and 
walking  round  the  watches  in  the  night  time,  {vigilias  ctrcumt&an/,) 
attended  by  eight  lictors,  Plant.  Amphit.  i.  1.  3. 

QUATUOR  VIRI  VIALES,  vel  viocUri  {qui  vias  curpant,)   ;  a 
who  had  the  charge  of  the  streets  and  public  roads. 

All  these  magistrates  used  to  be  created  by  the  people  at  the  Co' 
mitia  Tributa* 

Some  add  to  the  Magistratus  Ordinarii  Minores,  the  CENTUM- 
VIRI  iitibus  judicandiSf  (vel  stiltibus  judicandiSf  for  so  it  was  an- 
ciently written,)  a  body  of  men  chosen  out  of  every  tribe,  (so  that 
properly  there  were  105,)  for  judging  such  causes  as  the  prsBtor 
committed  to  their  decision ;  and  also  the  DECEMVIRI  litibusju^ 
dicandis.  But  these  were  generally  not  reckoned  magistratesi  bat 
only  judges. 

JVfew  ORDINARY  MAGISTRATES  under  the  EMPERORS. 

Augustus  instituted  several  new  offices;  as,  Curatores  openm 
publicorum^  viarum,  aquarum^  alvei  Ttberis,  sc.  repurgandi,  et  lax* 
torts  Jaciendif  frumenli  populo  dividundi  ;  persons  who  had  the 
chaise  of  the  public  works ;  of  the  roads  ;  of  bringing  water  to  the 
city ;  of  cleaning  and  enlarging  the  channel  of  the.  fiber,  and  of 
distributing  com  to  the  people.  Suet.  Aug.  37.  The  chief  of  these 
offices  were, 

1.  The  governor  of  the  city,  (PRiEFECTUS  URBI,  vel  urbis,) 
whose  power  was  very  great,  and  generally  continued  for  several 
years.  Tacit.  Ann.  vi.  II. 

A  prsefect  of  the  city  used  likewise  formerly  to  be  chosen  occa- 
sionally (in  tempus  deligebatur,)  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  re 
gibus  impositi :  Poslea  consules  mandabant^  Tacit,  ibid.)  He  might, 
however,  assemble  the  senate,  even  although  he  was  not  a  senator. 
Gill,  xiv.  c.  ult.  and  also  hold  the  comitia^  Liv.  i.  59.  But  after 
the  creation  of  the  praetor,  he  used  only  to  be  appointed  for  cele- 
brating the  Feria  Tjatince^  or  Latin  holy-days. 

Augustus  instituted  this  magistracy  by  the  advice  of  MsBcenas. 

17 


130  ROMAN  ANnQUITIE& 

Dio.  liL  21,  who  himself  in  the  civU  wan  had  been  entnuted  by 
Augustus  with  the  chaige  of  the  city  and  of  Ita|y»  {cunctis  ajpud  Ro- 
mam  atque  Italiam  vrtBpositus.)  Tacit  ibid.  Hor.  Od.  in.  8.  17. 
Ibid.  29.  25.  The  first  pnefect  of  the  city  was  Messala  CorvimUf 
only  for  a  few  days :  after  him  Taurus  Statuius^  and  then  Piso  for  5S0 
years.  He  was  usually  clKMien  from  the  principal  men  of  the  state 
{ex  viris  prifnarUs  consularibus.)  His  office  comprehended  many 
tiling  wnich  had  formerly  belonged  to  the  praetor  and  sediles.  He 
adnunistered  justice  betwixt  masters  and  slaves,  freedmen  and  pa- 
trons: he  judged  ofthe  crimes  of  guardians  and  curators;  he  check- 
ed the  frauds  of  bankers  and  money  brdiers ;  he  had  the  superin- 
tendence ofthe  shambles,  {camis  curam  gerebati)  and  ofthe  public 
spectacles :  in  short,  he  took  care  to  preserve  order  and  publk: 
quiet,  and  punished  all  trans^ssions  of  it,  not  only  in  the  ci^,  but 
within  a  hundred  miles  of  it,  {intra  conUsimum  ab  urbe  lamdem^) 
Dio.  lii.  21.  He  had  the  power  of  banishing  persons  both  firom 
the  city  and  from  Italy ;  and  of  transporting  them  to  any  island, 
which  the  emperor  named,  (in  insulam  deportandif)  Ulpian.  de  off. 
Prsef.  Urb. 

The  prefect  of  the  city  was,  as  it  were,  the  substitute  (vicarius) 
ofthe  Emperor,  and  had  one  under  him,  who  exercised  jurisdiction 
in  his  absence,  or  bv  his  command. 

The  prsefect  of  the  city  seems  to  have  had  the  same  insignia  with 
the  praetors. 

n.  The  prsfect  of  the  praetorian  cohorts,  (PRiEFECTUS 
PRm£TORIO,  vel  pratorOs  cohortUnis; )  or  the  commander  of  the 
emperor's  body  guards. 

Augustus  instituted  two  of  these  from  the  equestrian  order,  by  the 
advice  of  Maecenas,  that  they  might  counteract  one  another,  if  one 
of  them  attempted  any  innovation,  Dia  lii.  24.  Their  power  was 
at  first  but  small,  and  merely  military.  But  Sejanus,  being  alone 
invested  by  Tiberius  with  this  command,  increased  its  influence; 
{vim  prafeeiura  modicum  aniea  intenditf)  by  collecting  the  praetorian 
cohorts,  formerly  dispersed  through  the  city,  into  one  camp,  Tadi. 
Ann.  iv.  2.  Suet.  Tib.  37. 

The  praefect  of  the  praetorian  bands  was,  under  the  succeeding 
emperors,  made  the  instrument  of  their  tyranny,  and  therefore  that 
office  was  conferred  on  none  but  those  whom  they  could  entirely 
trust 

They  always  attended  the  emperor  to  execute  his  commands : 
hence  their  power  became  so  great,  that  it  was  littie  inferior  to  that 
of  the  emperor  himself,  {ut  nan  multum  abfuerit  a  prindpatu;  mti- 
nu»  proximwn  vel  alterum  ab  Augusti  imperio^  Victor,  de  Caes.  9.) 
Trials  and  appeals  were  brought  before  them ;  and  firom  their  sen- 
tence there  was  no  appeal,  unless  by  way  of  supplication  to  the  em- 
peror. 

The  Praetorian  praefect  was  appointed  to  his  office  by  the  empe- 


ORDINARY  MAGISTRATES.  Ml 

roi^fl  delif^rutf  to  him  m  swordf  Plin*  Pmug.  67.  HtroJL  iiL  3*  2>m> 
IxTiiLSS. 

ScMnetimes  there  was  but  one  pnsfect,  and  ■ometioies  twa  Con- 
Btantine  created  (ofur  pr4i^€cii  pratorio  :  but  he  changed  their  oflSce 
Tdiy  much  from  its  original  iostitulion  ;  for  he  made  it  a  civil  in- 
stead of  a  military  office,  and  divided  among  them  the  care  of  the 
whole  empire.  To  one  he  gave  the  command  of  the  east ;  to  an- 
other of  lUyricum  :  to  a  third  of  Italy  and  Africa  ;  and  to  a  fourth, 
of  Gaul»  Spain,  and  Britain  ;  but  he  took  from  them  the  command 
of  the  soldiers,  and  transferred  that  to  officers,  who  were  called  ma- 
giitri  e^ptUum* 

Under  each  of  these  prafeciipratorio  were  several  substitutes  (vt- 
cariit)  who  had  the  chaige  of  certain  districts,  which  were  called 
DKECESSES,  and  the  chief  city  in  each  of  these,  where  they  held 
their  courts,  was  called  METROPOLIS.  Each  diacuit  mi^t  con- 
tain several  meiropohs  ;  and  each  metropolis  had  several  cities  un- 
der it«  But  Cicero  uses  DKECESIS  for  the  part  of  a  province  ; 
ad  Attic.  V.  2L  Fhm.  iii.  &  xiii.  53.  67.  and  calls  himself  EPISCO- 
PUS,  ian)ector  or  governor  of  the  Campanian  coast,  as  of  a  diacesiw^ 
adAttviLil. 

m.  PRiEFECTUS  ANNON£,  vel  rei  frummlaria,  who  had 
the  chaij;e  of  procuring  com. 

A  magistrate  used  to  be  created  for  that  puipose  on  extraordinary 
occasions  under  the  republic  ;  thus  L.  Minutius,  lAv.  iv.  13.  and  so 
afterwards  Pompey  with  greater  power ;  {omnUpotutoi  reifmnun^ 
toruB  toto  orbt  in  quinquennium  ei  data  est^)  Cic.  Att.  iv.  1.  Dia 
uziz.  9.  Liv.  Epit.  104.  Plin.  Pan.  29.  In  the  time  of  a  great 
scarcity,  Augustus  himself  undertook  the  chai^  of  providing  com, 
{prafecturam  annona  nucepit^  and  ordained,  that  for  the  future  two 
men  of  prstorian  dignity  should  be  annually  elected  to  dischaige 
that  office,  Dio.  Uv.  1.  afterwards  he  appointed  four,  ibid.  17.  and 
thus  it  became  an  ordinary  magistracy.  jBut  usually  there  seems  to 
have  been  but  one  prtrfectus  annonm ;  it  was  at  first  an  office  of 
great  dignity,  Tacit.  Ann.  I  7.  xi.  31.  Hitt.  iv.  68.  but  not  so  in  af- 
ter times,  Boetk.  dt  Consul.  Phil.  iiL 

IV.  PRiEFECTUS  MILITARIS  iERARII ;  a  person  who  had 
diarge  of  the  public  fund,  which  Augustus  instituted  for  the  support 
of  the  army,  (ararium  militare  cum  novis  vectigalibus  ad  tuendos  prom 
'tqumdosqut  milites^  Suet  Aug.  49.) 

v.  PRiEFECTUS  CLASSIS,  admiral  of  the  fleet  Augustus 
equipped  two  fleets  ;  which  he  stationed,  (constiluit^  the  one  at 
Ravenna  on  the  Hadriatic,  and  the  other  at  Misena  or  -um  on  the 
Tuscan  sea.  Each  of  these  had  its  own  proper  commander,  {prm*  . 
fectus  classis  Ravennatis^  Tacit  Hist  iii.  12.  etprmfectus  elassis  Mi» 
^^natiumf  Yeget  iv.  32.)  There  were  also  ships  stationed  in  other 
places ;  as,  in  the  Pontus  Euxinus,  Tacit.  Hist.  ii.  S3,  near  Alexan- 


132  ROMAN  ANTIQUITIES. 

dria«  Suet.  Aug.  98.  on  the  Rhine,  Flor.  iv.  12.  and  Danube,  Tacii. 
Annal.  xiii.  80.  &c. 

VI.  PILflSFECTUS  VI6ILUM  ;  the  officer  who  commanded 
the  soldiers  who  were  appointed  to  watch  the  city.  Of  these  there 
were  seven  cohorts,  one  for  every  two  wards,  (^ma  cohort  bim$  re- 
gionibuSf)  composed  chiefly  of  manumitted  slaves,  (libertino  milite^) 
Suet  Aug.  25.  &  30.  Those  who  guarded  adjoining  houses  in  the 
night  time,  carried  each  of  them  a  bell,  (xu^e^v,  Hnltnnabtdum^)  to 

g've  the  alarm  to  one  another  when  any  thing  happened,  IXo. 

The  prmfectuf  vigilum  took  cognizance  of  incendiaries,  thieves, 
vagrants,  and  the  like  ;  and  if  any  atrocious  case  happened,  it  was 
remitted  to  the  prefect  of  the  city. 

There  were  various  other  magistrates  in  the  latter  times  of  the 
empire,  called  Comitta^  Correctores,  Duces^  Magistri  Officiorum^ 
Scriniorum^  &c.  who  were  honoured  with  various  epithets  according 
to  their  different  degrees  of  dignity ;  as,  C/amsimt,  illuatrts^specta" 
biles^  egregU,  per/ectissimif  &c.  The  highest  title  was,  nobiliisimus 
and  gloriosisnmus. 

EXTRAORDINARY  MAGISTRATES. 

I.    DICTATOR  anrf  MASTER  0/ HORSE. 

Tbe  dictator  was  so  called,  either  because  he  was  named  by  the 
consul,  (quod  a  consult  diceretur,  cui  dicto  omnes  audUnits  esseni^ 
Yarro  de  Lat  ling.  iv.  14.)  or  rather  from  his  publishing  edicis  or 
orders,  (a  dictando,  quod  mxdio  dictaret,  i.  e.  ediceret ;  n  homines 
pro  legibus  hahtrtnt  qua  diceret,  Suet.  Jul.  77.)  He  was  also  called 
magister  popruli.  Sen.  Epist.  108.  and  prcetor  maximus,  Liv.  viL  3. 

This  magistracy  seems  to  have  been  borrowed  from  the  Albans, 
or  Latins,  lAv.  i.  23.  Ctc.  pro  Mil.  10. 

It  is  uncertain  who  was  first  created  dictator,  or  in  what  year. 
Livy  says,  that  T.  Lartius  was  first  created  dictator,  A.  U.  253,  nine 
years  after  the  expulsion  of  the  kings,  ibid. 

The  first  cause  of  creating  a  dictator  was  the  fear  of  a  domestic  se- 
dition,  and  of  a  dangerous  war  from  the  Latins.  As  the  authority  of 
the  consuls  was  not  sufficiently  respected  on  account  of  the  liberty 
of  appeal  from  them,  it  was  judged  proper,  in  dangerous  conjunc- 
tures, to  create  a  single  magistrate  with  absolute  power,  from  whom 
there  should  be  no  appeal,  Uv.  ii.  18.  29.  iii.  20.  Cic.  de  Leg.  iii.  3. 
and  who  should  not  be  restrained  by  the  interposition  of  a  colleague, 
Dionys.  V.  70.  4"^.  s 

A  dictator  was  afterwards  createH  'also  for  other  causes  : 
•  k  '  i  ^^^  filing  a  nail  {clavi  figendi  vel  pangendi  caus&)  in  the 
right  side  of  the  temple  of  Jupiter,  which  is  supposed  to  have  been 
done  m  those  rude  ages,  {cum  literm  erant  nxrtB,)  to  mark  the  number 


EXTRAORDINARY  MAGISTRATES.  183 

of  years.    This  was  commonly  done  by  the  ordinary  magistFBtes ; 
but  in  the  time  of  a  pestilence,  or  of  any  great  public  calamityt  a 
dictator  was  created  tor  that  purpose,  {jjuia  majtu  imptrium  trat^) 
to  avert  the  divine  wrath,  Ltv.  vii.  3.  viii.  18. 
3.  For  holding  the  comitia,  Liv.  viii.  23.  ix.  7.  xxv.  3. 
3.  For  the  sake  of  instituting  holidays,  Id.  vii.  28.  or  of  ceM>rat- 
ing  games,  when  the  prsetor  was  indisposed,  Liv.  viii.  40.  is.  34. 
4L  For  holdiiuz  trials,  {{^uastionUfus  exercenditf)  Id.  ix.  26. 
And  5.  Once  tor  choosing  senators,  {qui  senatum  iegeret^)  on  which 
occasion  there  were  two  dictators,  one  at  Rome,  and  another  com- 
manding an  army,  which  never  was  the  case  at  any  other  time,  Liv. 
xxiiL  23.  &C. 

The  dictator  was  not  created  by  the  suffrages  of  the  people,  as 
the  other  magistrates ;  but  one  of  the  consuls,  by  order  of  the  se- 
nate, named  as  dictator  whatever  person  of  consular  dignitjr  he 
thought  proper ;  and  this  he  did,  after  having;  taken  the  auspices, 
usually  in  tne  dead  of  the  niffht,  {noctis  silenttOf  ui  mo»  tii^  dictator 
rum  dixiif)  lav.  ix.  38.  viii.  %3.  Dionyf.  x.  23.  {post  mediam  noe- 
tem^)  Fest.  in  voce,  silbmtio,  sinistruh,  et  solida  sblla. 

One  of  the  military  tribunes  also  could  name  a  dictator,  about 
which  Livy  informs  us  there  was  some  scruple,  iv.  31. 

A  dictator  might  be  nominated  out  of  Rome,  provided  it  was  in  the 
Roman  territory,  which  was  limited  to  Italy. 

Sometimes  the  people  gave  directbns  whom  the  consul  should 
name  dictator,  Ltr.  xxvii.  6. 

Solla  and  Csesar  were  made  dictators  at  the  eomtltci,  an  interrex 
presiding  at  the  creation  of  the  former,  and  Lepidus  the  prsetor  at 
the  creation  of  the  latter,  Cic.  pro  RvM.  iii.  2.  Caa.  bel.  civ.  iL  19., 
Dio.  xli.  36. 

In  the  second  Punic  wftr,  A.  U.  536,  after  the  destruction  of  the 
Consul  Flaminius  and  his  army  at  the  Thrasimene  lake,  when  the 
other  consul  was  absent  from  Rome,  and  word  could  not  easily  be 
sent  to  him,  the  people  created  Q.  Fabius  Maximus  PRODICTA- 
TOR,  and  M.  Minucius  Rufus  Master  of  horse,  Liv,  Imi.  8  Sl  31. 
The  power  of  the  dictator  was  supreme  both  in  peace  and  war. 
He  could  raise  and  disband  armies ;  he  could  determine  on  the  life 
and  fortunes  of  Roman  citizens,  without  consulting  the  people  or  se- 
nate. His  edict  was  observed  as  an  oracle  {pro  numine  observatunif) 
Liv.  viii.  34.  At  first  there  was  no  appeal  from  him,  till  a  law  was 
passed,  that  no  magistrate  should  be  created  without  the  liberty  of 
appeal,  {sine  orovocatione,)  first  by  the  Consuls  Horatius  and  Vale- 
rius, A.  U.  o04.  Liv.  iii.  5.5.  and  afterwards  by  the  Consul  M . 
Valerius,  A.  U.  453.  Liv.  x.  9.  Festus  in  voc.  optima  lkx.  But  the 
.  force  of  this  law  with  respect  to  the  dictator  is  doubtful.  It  was 
once  strongly  contested,  Liv,  viii.  33.  but  never  finally  decided.* 

*  "  The  object  simed  at  in  iqstitnting  the  dictatorship,  was  incontestably,  to  evade 
the  Valerian  laws,  and  to  re-establish  an  unlimited  authority  over  the  Plebeians 
even  within  the  barriers  and  the  mile  of  their  liberties:  for  the  legal  appeal  to  the 
eoamonalty  was  from  the  sentence  of  the  eonsali,  not  from  that  of  this  new  magls- 


134  ROMAN  ANTIQUmES. 

Tke  dictator  was  attended  by  twenty-four  licton  with  ^foHet 
and  »€cure$  even  in  the  city,  Liv.  ii.  18.  so  that  livy  justly  calls  im* 
perium  dictatorial  §uo  ingenio  vthemens^  ii.  30. 

When  a  dictator  was  created,  all  the  other  magistrates  abdicated 
their  authority,  except  the  tribunes  of  the  coounons,  Polyh.  iiL  87. 
The  consub  however  still  continued  to  act,  lAv.  iv.  27.  but  in  obe- 
dience to  the  dictator,  and  without  any  ensigns  of  autiiority  in  his 
presence,  lAv.  xxii.  11. 

The  power  of  the  dictator  was  circumscribed  by  certain  limits. 

1 .  It  only  continued  for  the  space  of  six  months,  {semtatrU  dietaltih 
m,)  Liv.  ix.  34.  even  although  the  business  for  which  he  had  been 
created  was  not  finished ;  and  was  never  prolonged  beyond  that 
time,  except  in  extreme  necessity,  as  in  the  case  of  Camillusi  Ltv* 
vi«  L  For  Sulla  and  CsBsar  usurped  their  perpetual  dictatorship,  in 
•contempt  of  the  laws  of  their  country. 

But  tne  dictator  usually  resigned  his  command  whenever  he  had 
effected  the  business  for  which  ne  had-  been  created.  Thus  Q.  Cin- 
cinnatus  and  Mamercus  ^milius  abdicated  the  dictatorship  on  the 
15th  day,  Lh.  iiL  29.  iv.  34  Q.  Servilius  on  the  eighth  day,  Id.  iv. 
47.  &c. 

2.  The  dictator  could  lay  out  none  of  the  public  money,  withoot 
the  authority  of  the  senate  or  the  order  of  the  people. 

3.  A  dictator  was  not  permitted  to  go  out  of  Italy ;  which  was 
only  once  violated,  and  that  on  account  of  the  most  urgent  necessity, 
in  Atilius  Calatinus,  Liv.  Epit.  xix. 

4.  The  dictator  was  not  allowed  to  ride  on  horseback,  without 
askinff  the  permission  of  the  people,  Liv.  xxiii.  13.  to  show,  as  it  is 
thoi^ty  that  the  chief  strength  ot  the  Roman  army  consisted  in  the 


tritet  The  later  Romans  had  only  an  indisUnct  fnowledgo  of  tha  dieCatorshlp, 
drawn  from  their  earlier  history.  As  applied  toj^e  tyranny  of  Sylla  and  the  mo- 
narchy of  Ciesar,  the  title  was  a  mere  name,  %vithout  any  ground  for  such  a  use  in  the 
•ancient  constitution.  Hence  we  can  account  for  the  error  of  Dion  Cassius,  when, 
overlooking  the  privilege  of  the  Patricians,  he  eipressly  asserts  that  in  no  instance 
was  there  a  right  of  appealing  against  the  dictator,  and  that  he  might  condemn  knights 
and  senators  to  death  without  a  trial :  as  well  as  for  that  of  Dionysius,  who  faneies 
be  decided  on  every  measure  at  will,  even  about  peace  and  war.  Such  notions,  out 
of  which  the  modems  have  drawn  their  phrase  dnetatorial  pewar,  are  snitable  Indeed 
to  Sylla  and  Cesar:  with  reference  to  the  genuine  dictatorship  they  are  utterly  ni^ 
taken.  Like  ignorance  as  to  the  ancient  state  of  things  is  involved  in  the  notion  of 
DIonysins,  that,  after  the  senate  had  merely  resolved  that  a  dictator  was  to  be  ap- 
pointed, and  which  consul  was  to  name  him,  the  consul  esercised  an  uncontrouled 
dberetion  in  the  choice :  which  opinion,  being  delivered  with  such  positiveness,  hat 
become  the  prevalent  one  in  treatises  on  Roman  antiquities.  The  pontifical  law- 
books, clothing  the  principles  of  the  constitution  after  their  manner  in  a  historical 
fornix  preserved  the  true  account.  For  what  other  source  can  have  supplied  Diony- 
eios  with  the  resolution  of  the  senate,  as  it  professes  to  be,  that  a  citizen,  whom  tba 
senate  should  nooiinate,  and  the  people  approve  of^  should  govern  for  sii  months  7 
The  people  here  is  the  populus  :  it  was  a  revival  of  the  ancient  custom  for  the  king 
to  be  elected  bv  the  Patricians :  and  that  such  was  the  form  is  established  by  positive 
testimony.  The  old  mode  of  electing  the  kings  was  restored  in  all  its  parts :  the  dic- 
tator after  his  appointment  had  to  obtain  the  tni|periiifn  from  the  curies.  And  tboft 
from  possessing  this  right  of  conferring  the  impertiim,  the  patricians  might  dispel 
with  voting  on  the  preliminary  nomination  of  the  senate."    NicbMhr^^-O}. 


EXTRAORDINARY  MAGISTRATES.  185 

infantry;  or  bjr  limiting  the  rapidity  of  his  movementB,  toreilFaina 
spirit  of  ambition. 

But  the  principal  check  against  a  dictator's  abuse  of  power  wa% 
that  he  might  be  called  to  an  account  for  his  conduct  wlien  be  re- 
signed his  office,  Liv.  vii.  4. 

For  130  years  before  Sulla,  the  creation  of  a  dictator  was  disused^ 
but  in  dangerous  emergencies  the  consuls  were  armed  with  dictator 
rial  power.  After  the  death  of  Ccesar,  the  dictatorship  was  for  e¥er 
abolished  by  a  law  of  Antony  the  consul,  Cic.  Phil,  i.  L  And  when 
Augustus  was  uiged  by  the  people  to  accept  the  dietatorship,  he  r^ 
fused  it  with  the  strongest  marks  of  ayersion,  (genu  nixus^  deiteid  ab 
humeris  tog&f  nudo  pectore^  deprecaius  est,)  Suet.  Aug.  52.  Possess- 
ed of  the  power,  he  wisely  declined  an  odious  appellation,  Dio*  Kt. 
I.  For,  ever  since  the  usurpation  of  Sulla,  the  dictatorship  was  de* 
tested,  on  account  of  the  cruelties  which  that  tyrant  had  exercised 
under  the  title  of  dictator. 

To  allay  the  tumults  which  followed  the  murder  of  Clodius  by 
Milo,  in  place  of  a  dictator,  Pompey  was  by  an  unprecedented  mea- 
sure made  sole  consul,  A.  U.  702,  Dio.  xl  50.  He,  however,  on 
the  first  of  August,  assumed  Scipio,  his  father-in-law,  as  collesiinie, 
Dio.  xl.  51. 

When  a  dictator  was  created,  he  immediately  nominated  (dixiik 
a  roaster  of  horse,  (MAGISTER  EQUITUM,)  usually  from  those 
of  consular  or  pnetorian  dignity,  whose  nroper  office  was  to  com- 
mand the  cavalry,  and  also  to  execute  the  orders  of  the  dictator. 
M.  Fabius  Buteo,  the  dictator  nominated  to  choose  the  senate,  had 
no  master  of  horse. 

Sometimes  a  master  of  horse  was  pitched  upon  (datU3  vel  additus 
est)  for  the  dictator,  by  the  senate  or  by  the  order  of  the  people, 
Lh.  vii.  12.  24.  28. 

The  magister  tquxium  m^gL  be  deprived  of  his  command  by  the 
dictator,  and  another  nominated  in  his  room,  lAv,  viti.  35. 

The  people  at  one  time  made  the  master  of  horse,  Minucius, 
equal  in  command  with  the  dictator,  Fabius  Moximus,  Liv.  xxii.  26. 

The  master  of  horse  is  supposed  to  have  had  much  the  same  m- 
signia  with  the  praetor,  six  lictors,  the  pratexta,  &c.     Dio.  xliL  27. 

He  had  the  use  of  a  horse,  which  the  dictator  had  not  without  the 
order  of  the  people. 

II.  The  DECEMVIRS. 

The  laws  of  Rome,  as  of  other  ancient  nations,  were  at  first  vqiy 
few  and  simple.  Tacit.  Ann.  iii.  26.  It  is  thought  there  was  for 
some  time  no  written  law,  (nihil  scripti  juris.)  Differences  were 
determined  (lites  dirimebantur)  by  the  pleasure  of  the  kings,  (regum 
arbitriOf)  according  to  the  principles  of  natural  equity,  (ex  aquo  et 
bonOf)  Senec.  Epist.  90.  and  their  decisions  were  held  as  laws,  I>ta- 
nys.  X.  1.  The  kings  used  to  publish  their  commands  either  by 
pasting  them  up  in  pubUc  on  a  white  wall  or  tablet,  (in  album  relata 


136  ROMAN  ANTIQUITIES. 

propanere  in  publico^  Liv.  L  32.  or  by  a  herald,  Ih.  44  Henoo 
they  were  said,  omnia  MANU  gubemare^  Pompon.  1.  3.  §  3.  D.  de 
orLz.  jur.  (i.  e.  poUstalt  tt  tm^erto,  Tacit  Agric  9.) 

The  kinfls,  however,  in  every  thing  of  importance  consulted  the 
senate,  and  likewise  the  people.     Hence  we  read  of  the  LEGES 
CURIATiE^of  Romulus,  and  of  the  other  kings,  which  were  also 
fP     called  LEGf  S  REGIiE,  Liv.  ▼.  1. 

But  the  cBief  le^slator  was  Servius  Tullius,  {prtBcipuas  sanctor 
legwn^)  Tac  Ann.  iii.  26.  all  of  whose  laws  however  were  abolished 
at  once  (uno  edicto  sublalcB,)  by  Tarquinius  Superbus,  Dionys.  iv.  43. 

After  the  expulsion  of  Tarquin,  the  institutions  of  the  kings  were~ 
observed  not  as  written  law,  but  as  customs,  (tanquam  mores  majo* 
rum ;)  and  the  consuls  determined  most  causes,  as  the  kings  had 
done,  according  to  their  pleasure. 

But  justice  TOing  thus  extremely  uncertain,  as  dep>ending  on  the 
will  of  an  individual,  (m  umus  voluniatt  positum  ;  Cic  Fam.  ix.  16.) 
C  Terentius  Arsa,  a  tribune  of  the  commons,  proposed  to  the  peo- 
ple, that  a  body  of  laws  should  be  drawn  up,  to  which  all  should  be 
obliged  to  conform,  (qvto  omnes  uti  deberent,)  But  this  was  violent* 
ly  opposed  by  the  patricians ;  in  whom  the  whole  iudician^  power- 
was  vested,  and  to  whom  the  knowledge  of  the  few  mws  whicn  then 
existed  was  confined,  Liv.  iii.  9. 

At  last,  however,  it  was  determined,  A.  U.  399,  by  a  decree  of 
the  senate,  and  by  the  order  of  the  people,  that  three  ambassadors 
should  be  sent  to  Athens  to  copy  the  famous  laws  of  Solon,  and  to 
examine  the  institutions,  customs,  and  laws,  of  the  other  states  of 
Greece,  Liv,  iii.  31.  P/tn.  Ep.  viii.  24. 

Upon  their  return,  ten  men  (DECEMVIRI)  were  created  from 
the  patricians,  with  supreme  power,  and  without  the  liberty  of  ap- 
peal, to  draw  up  a  body  of  laws,  {le^ilms  scribendis)  all  the  other 
magistrates  having  first  abdicated  their  office,  Liv,  iii.  32  &  33.* 

The  decemviri  at  first  behaved  with'  great  moderation.  They  ad- 
ministered justice  to  the  people,  each  every  tenth  day.    The  twelve 

*  '*  The  arrangement  the  ruling  order  agreed  to  was,  that  the  consaUhip  ihoold  be 
soafMnded,  and  that  in  the  mean  while  ten  senators,  like  a  college  of  ioterrezes, 
•honld  be  invested  with  consular,  and  at  the  saroe^time  with  legislatiTe  power. 
Among  the  ten  appointed  by  virtue  of  this  agreement  wc  find  both  the  consuls  of  the 
year  392:  and  as  these  were  indemnified  for  the  dignity  they  were  forced  to  resign, 
so  it  it  probable  that  the  quaestors  of  blood  and  the  warden  of  the  city,  whose  offices 
were  likewise  transferred  to  the  decemvirate,  obtained  seats  in  it.  Thus  the  Patri- 
cians would  have  four  deputies  appointed  exclusively  by  themselves,  and  one  whose 
election  they  had  confirmed ;  while  five  places  were  left  open  for  the  free  choice  of 
the  centuries.  As  the  first  decemvirate  represented  a  decury  of  interreses,  the  sa- 
preme  power  was  always  lodged  with  one  of  their  body  at  a  time,  who  wm  called 
the  etutOM  mrbu :  he  was  attended  by  the  lictors,  and  presided  over  the  senate  and 
the  whole  republic  as  warden  of  the  city.  The  rest,  each  of  whom  had  merely  n 
beadle  at  his  orders,  are  said  to  have  acted  as  judges.  There  is  no  imaginable  reason 
why  the  rotation  should  have  followed  any  other  law  than  it  would  have  done  in  a 
decury  of  interrexes,  where  the  kingly  power  remained  five  days  with  each :  aud  this 
conjecture  is  favoured  by  Dionysius,  wno  speaks  in  vague  terms  of  a  certain  number 
of  days.  From  its  nature  as  an  interreign  their  office  had  no  other  limit  to  its  dura- 
tion, than  the  accomplishment  of  the  commission  they  had  received.  Their  succet- 
sors  took  their  seats  on  tlie  ides  of  May."    Niebulw. — Eo. 


EXTRAORDINARY  MAGISTRATES.  137 

fasces  were  carried  before  him  who  was  to  preside,  and  his  nine 
eoUeagues  were  attended  by  a  single  officer,  called  ACCENSUS, 
Z4D.  iii.  33. 

They  proposed  ten  tables  of  laws,  which  were  ratified  by  the  peo- 
ple at  the  Comitia  Ceniuriata,  In  composing  them  they  are  said  to 
nave  used  the  assistance  of  one  HERMODORU8,  an  Ephesian 
exile,  who  served  them  as  an  interpreter,  Cic.  Tusc.  v.  36.  Plin. 
xxxiv.^  s»  10. 

As  two  other  tables  seemed  to  be  wanting,  decemviri  were  again 
created  for  another  year  to  make  them.  But  these  new  magistrates 
acting  tyrannically,  and  wishing  to  I'etain  their  command  beyond 
the  legal  time,  were  at  last  forced  to  resign,  chiefly  on  account  of 
the  base  passion  of  Appius  Claudius,  one  of  their  number^  for  Vir- 
ginia, a  virgin  of  plebeian  rank,  who  was  slain  bv  her  father  to  pre- 
vent her  falling  into  the  Decemvir's  hands.  The  decemviri  all  pe- 
rished, either  in  prison  or  in  banishment. 

But  the  laws  of  the  twelve  tables  (LEGES  DUODECEM  TA- 
BULARUM)  continued  ever  after  to  be  the  rule  and  foundation  of 
public  and  private  right  through  the  Roman  world,  {Fons  universi 
publici  privatique  juris^  Id.  34.  Finis  aqui  juris,  Tacit.  Ann.  iii. 
27.)  They  were  engraved  on  brass,  and  fixed  up  in  public,  {Leges 
DfkllEM VIRALES,  quibus  tabulis  duodecim  est  nomen^  in  tss  inci- 
SOS  in  publico  proposueruni^  so.  consules^  Liv.  iii.  57.)  and  even  in 
the  time  of  Cicero,  the  noble  ^outh  who  meant  to  apply  to  the  stu- 
-dy  of  jurisprudence,  were  obliged  to  get  them  by  heart  as  a  neces- 
sary niynie  :  (tamquam  carmen  necessarium^)  Cic.  de  Legg.  ii.  33. 
not  that  they  were  written  in  verse,  as  some  have  thought ;  for  any 
set  form  of  words,  {verba  concepta^)  even  in  prose,  was  called  CAR- 
MEN, Liv.  i.  24  and  26.  iii.  64.  x.  38.  or  carmen  con^ositumf  Cic. 
fNTo  MursBn.  12. 

III.  TRIBUNf  MILITUM  CONSULAR!  POTESTATE. 

The  cause  of  their  institution  has  already  been  explatned,  (see 
p.  93.)  They  are  so  called,  because  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. 

IV.  INTERREX. 

Concerning  the  causes  of  creating  this  magistrate,  dec.  (see  p. 
97.) 

Other  EXTRAORDDtARY  MAGISTRATES  ofUst  Xolt. 

Thkbc  were  several  eztraordkiary  inferiOT  magittrates ;  as,  DU- 
UMVIRi  perduellioRis  judkandi  causO,  Liv.  1.  a&  vi.  90.  Duum- 

18 


138  ROMAN  antiquities: 

9trt  navaleSf  elassis  omanda  reficundeaque  caiud^  Id.  ix.  30.  xl«  19# 
26.  xli.  I.  Ditumviri  ad  cedem  Junoni  Moneta  faciundam^  Id.  vii.  2& 

TRIUMVIRI  colonicB  deducenda,  Liv.  iv.  li.  vi.  26.  viii.  16.  ix. 
38.  xxi.  25.  xxxi.  49.  xxxii.  29.  Triiimviri  bini,  qtti  citra  et  vlira 
quinquagesimum  lapidem  in  pagia  forisque  et  conciliabulis  omnem  co" 
piam  ingenuorum  inspxctrtni^  et  idoneos  ad  arma  ferenda  conquvrt" 
rent  J  militesque  facer  ent^  Id.  xxv.  5.  Triumviri  bint;  uni  s€u:ris  conr 
quirendis  doniaque  per  signandis  ;  alteri  reficiendis  adibua  sacris^  Id. 
XXV.  7.  Triummri  mensarii^facti  ob  argenli  penuriamf  Liv.  xxiii.  2L 
xxiv.  18.  XX vi.  36. 

QUINQUEVIRI,  agro  Pomptino  dividendo,  Liv.  vi.  21.  Quin^ 
quevirif  ab  dispensatione  peamitM  MENSARII  appellati,  Id.  vii.  21. 
Qidnqueviri  muris  turribtuque  rejiciendis^  Id.  xxv.  7.  tninuendis  puk- 
lids  sumptibus^  Plin.  f^.  ii.  L  Pan.  62. 

DECEMVIRI  agmnter  veteranos  militet  dividendis^  Liv.  xxxi.  4. 

Several  of  these  ^re  not  properly  magistrates.  They  were  all^ 
however,  chosen  from  tiie  most  respectable  men  of  the  state.  Their 
office  msy  in  general  be  underatood  from  their  titles. 

PROVINCIAL  MAGISTRATES. 

The  provinces  of  the  Roman  people  were  at  iSrst  governed  by 
prtBtors^  (see  p.  III.)  bat  afterwanls  by  proconsuls  hi^ propr^BtorSf 
to  whom  were  joined  qwBstors  and  lieutenants. 

The  usual  name  is  PROCONSUL  and  PROPR£TOR ;  but 
sometimes  it  is  written  pro  consule  and  pro  pratore^  in  two  words-: 
so  likewise  pro  qu€Bstore,  Cic.  Acad.  4.  4.  Ver.  1.  15  &  38. 

Anciently  those  were  called  proconsuls,  to  whom  the  command 
of  consul  was  prolonged  {imperitan  prorogattxm)  after  their  office 
was  expired  ;  Liv*  viiL  22  and  26.  ix.  42.  x.  16.  or  who  were  in- 
vested with  consular  authority,  either  from  a  subordinate  rank,  as 
Marcellus,  after  being  praetor ;  {ex  prcetura^)  Liv.  xxiii.  30.  and 
Gellius,  Cic.  Legg*  i-  ^*  or  from  a  private  station,  as  Scipio.  xxvL 
1&  xxviii.  38.  This  was  occasioned  by  some  public  exigence, 
when  the  ordinary  magistrates  were  not  sufficient.  The  same  was 
the  case  with  proprators,  Cic.  Phil.  v.  16.  Suet.  Aug.  10.  Sail. 
Cat.  19.  The  first  jtroconsful  mentioned  by  Livy,  was  T.  Quinc- 
tius,  A.  U.  290.  Iav.  iii.  4.  But  he  seems  to  have  been  appointed 
for  the  time.  The  first  to  whom  the  consular  power  was  prolonged, 
was  Publilius,  lAv.  viii.  23  &  26.  f.  The  name  of  Propraetor  was 
also  fl(tven  to  a  person  whom  a  general  left  to  command  the  army  in 
hia  absence,  Sallust.  Jug.  36,  103. 

The  names  of  consul  and  proconsul,  prmtor  and  proprator,  are 
sometimes  confounded,  Suet.  Aug.  3.  And  we  find  all  governors  of 
provinces  called  l^  the  general  name  of proconsules,  as  oiprcBsidts^ 
ibid.  36. 

The  command  of  consul  was  prolonged,  and  proconsuls  occa- 
sionally appointed  by  the  Comitia  Tributa,  Liv.  x.  24^  xxix.  13.  xxx. 


PROVINCIAL  MAGISTRATES.  1» 

37.  except  in  the  case  of  Scipio,  who  wu  sent  as  proamsul  into 
Spain  by  the  Comitia  Centuriala^  xxvi.  18. 

But  after  the  empire  was  extended,  and  various  countries  re* 
duced  to  the  form  of  proTinces,  magistrates  were  regularly  sent 
from  Rome  to  govern  them»  according  to  the  Sempronian  law,  (see 
p.  102.)  without  any  new  appointment  by  the  people.  Only  mili* 
tary  command  was  conferred  on  them  by  the  Comkia  Curiaia, 
(See  p.  74.) 

At  first  the  provinces  were  annual,  k  e.  a  proconsul  had  the  go* 
vemment  of  a  province  only  for  one  year ;  and  the  same  person 
could  not  command  difierent  provinces.  But  this  was  violated  in 
several  instances  ;  especially  in  the  case  of  Julius  Ceesar,  Suet.  JuL 
22  &  24.  Cic.  Fatn.  i.  7.  (See  p.  1Q2.)  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  payment  of  bis  troops,  with  other  immoderate  and  unconstitu- 
tional concessions,  de  Province  Consul  ^  pro  Balbo.  27.  although  he 
secretly  condemned  them,  Fam,  i.  7.  Mtic.  ii.  17.  x.  6.  proved  fatal 
to  himself  as  well  as  to  the  republic. 

The  pnetors  cast  lots  for  their  provinces,  {provincias  soriuban' 
iur,)  or  settled  them  by  agreement  {inier  se  comparabant,)  in  the 
same  manner  with  the  consuls ;  Liv.  xxvii.  36.  xxxiv.  54.  xlv.  16  ^ 
17.  But  sometimes  provinces  were  determined  to  both  by  the  se- 
nate or  people.  Id.  xxxv,  20.  xxxvii.  L 

The  senate  fixed  the  extent  and  limits  of  the  provinces,  the  num- 
ber of  soldiers  to  be  maintained  in  them,  and  money  to  pay  them ; 
likewise  the  retinue  of  the  governors,  (COMITATUS  vel  cokors^) 
and  their  travelling  charges,  (VIATICUM.)  And  thus  the  gover- 
nors were  said,  ORNAKI,  i.  e.  insirui^  to  be  furnished,  Cic.  in 
RulL  ii.  13.  What  was  assigned  them  for  the  sake  of  household 
furniture,  was  called  YASARIUM,  Cic.  in  Pis.  35.  So  vasa^  fur- 
niture, Liv.  i.  24. 

A  certain  number  of  lieutenants  was  assigned  to  each  proconsul 
and  proprsBtor,  who  were  appointed  usually  by  the  senate ;  Cic. 
Fam.  i.  7.  or  with  the  permission  of  the  senate  by  the  proconsul 
himself;  Id.  xii.  55.  Jiep.  Attic.  6.  who  was  then  said,  aliquem 
sibi  legare,  Id.  vL  6.  or  very  rarely  by  an  order  of  the  people. 
Cic.  in  Vatin.  15.  The  number  of  lieutenants  was  difierent  accord- 
ing to  the  rank  of  the  governor  or  the  extent  of  the  province,  Cic, 
Phil.  ii.  15.  Thus,  Cicero  in  Cilicia  had  four,  Ceesar  in  Gaul  ten, 
and  Pompey  in  Asia  fifteen.  The  least  number  seems  to  have  been 
three.  Quintus,  the  brother  of  Cicero,  had  no  more  in  Asia  Minor, 
Cic.  ad  Q.fr.  i.  I.  3. 

The  office  of  a  legatus  was  very  honourable  ;  and  men  of  prseto- 
rian  and  consular  dignity  did  not  think  it  below  them  to  bear  it : 
Thus  Scipio  Africanus  served  as  iegatus  under  his  brother  Lucius, 
lAv.  xxxvii.  1.  &C.  Cell.  iv.  18. 

The  Legali  were  sometimes  attended  by  lictors,  Iav.  xxix.  9.  as 
the  senators  were,  when  absent  firom  Rome,  jure  libera  legatioms^ 


140  ROMAN  ANTIQUITIES. 

(see  p.  26.)  but  the  persoo,  under  whom  they  lerved,  might  deprive 
them  of  that  privilege,  Cic.  Fam.  xii.  30. 

In  the  retinue  of  a  proconsul  were  comprehended  his  military  of- 
ficers, (Prmftcii^)  and  all  his  public  and  domestic  attendants,  Cit. 
Verr,  ii.  10.  Among  these  were  young  noblemen,  who  went  with 
him  to  learn  the  art  of  war,  and  to  see  the  method  of  condacting 
public  business ;  who,  on  account  of  their  intimacy,  were  called 
CONTUBERNALES,  Cic.pro  Ctzl.  30.  pro  Pianc.  11.  From  this 
retinue,  under  the  republic,  women  were  excluded,  but  not  so  under 
the  emperors,  TacU.  Ann.  iii.  33  6l  34.. Sue/.  Octav.  34. 

A  proconsul  set  out  for  his  province  with  great  pomp.  Having 
offered  up  vows  in  the  capitol,  {votxs  in  capitoltB  nuncupatis,)  dress- 
ed in  his  military  robe,  (patwiataSf)  with  twelve  lictors  going  be- 
fore him,  carrying  the  fasces  Rud  secures,  and  with  the  other  en* 
signs  of  command,  he  went  out  of  the  city  with  all  his  retinue.  From 
thence  he  went  either  straightway  to  the  province,  or  if  he  was  de- 
tained by  business,  by  the  interposition  of  the  tribunes,  or  by  bad 
omens,  Plutarch  in  Crasso;  Cic.  Divin.  i.  16.  ii.  9.  /Vor.  iii.  11.  Dio, 
xxxvii.  50.  he  staid  for  some  time  without  the  city,  for  he  could  * 
not  enter  it  while  invested  with  military  command.  His  friends, 
and  sometimes  the  other  citizens,  out  of  respect  accompanied  him, 
{officii  causd,  prosequehaniur,)  for  some  space  out  of  the  city  with 
their  good  wishes.  Lip.  xlii.  49.  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  the  state  of  the  province ;  for 
his  command  commenced  on  the  day  of  his  arrival ;  and  by  the 
CORNELIAN  law,  the  former  proconsul  was  obliged  to  depart 
within  thirty  days  after,  Cic.  Fam.  iii.  6. 

A  proconsul  in  his  province  had  both  judicial  authority  and  mili- 
tary command,  {poCtstaiem  ve\  jurisdictionem  et  imperium.)  He 
used  so  to  divide  the  year,  that  he  usually  devoterf  summer  to  mili- 
tary affairs,  Bel.  1.  or  going  through  the  province ;  and  the  winter 
to  the  administration  of  justice,  Cic.  Ail.  v.  14.  Verr.  5.  12.  He 
adn^inistered  justice  much  in  the  same  way  with  the  pnetor  at  Rome, 
according  to  the  laws,  which  had  been  prescribed  to  the  province 
when  first  subdued,  or  according  to  the  regulations  which  had  after- 
wards 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  importance,  Cic.  Ait.  vi.  1. 
These,  if  he  borrowed  them  from  others,  were  called  TRANSLA- 
TITIA  vel  Tralaiitia,  v.  Acia;  if  not,  NOVA.  He  always  publish- 
ed a  general  edict  before  he  entered  on  his  government,  as  the  prae- 
tor did  at  Rome. 

The  proconsul  held  assizes  or  courts  of  justice,  (forum  vel  con^ 
ventus  agebat,)  in  the  principal  cities  of  the  province,  so  that  he 
might  go  round  the  whole  province  in  a  year.  He  himself  judged 
in  all  public  and  important  causes;  but  matters  of  less  consequeiyse 
he  referred  to  his  quaestor  or  lieutmanls,  Cic.  FUc.  81.  in  Cacil.    * 


PROVINCIAL  MAGISTRATES.  141 

17.  Verr.  ii.  18.  Suel.  Jul,  7.  and  alao  to  others,  Cia  Ait.  v.  21.  ai 
Q.  frair.  i.  1.  7. 

The  proconsul  summoiied  these  meetings,  {amveniuB  indicebaif) 
by  an  edict  on  a  certain  day,  when  such  as  had  causes  to  be  deter- 
mined  should  attend,  Liv.  xxxi.  29.  To  this,  Virgil  is  thought  to 
allude,  .£a.  V.  758.  Indidt^ue  forums  d&c 

The  provinces  were  divided  into  so  many  districts,  called  CON- 
VENTUS,  or  circuits,  (vofi^  Plin.  Ep.  x.  5.)  the  iohabitaBts  of 
which  went  to  a  certain  city  lo  get  their  causes  determined,  and  to 
obtain  justice,  (disceptandi  ct  juris  obtinendi  causd  canvtnitbanL) 
Thus  Spain  was  divided  into  seven  circuits,  (rVi  sevtem  cfrnt?ei«iti#,) 
Plio.  iii.  3.  The  Greeks  called  convenius  agere,  ay^fiaiiie  dysw^  sc 
4^^^«  So  in  AcL  AposU  xix.  30.  d/ofoiM  a^ovrai,  &c.  conttntui 
aguntur  9uni  proconstUts  ;  in  jus  vocent  se  invicfm*  Hence  convene 
tus  circumire^  Suet.  Jul.  7.  percurrere^  Cass.  viiL  46.  for  urbts  cir^ 
cumire,  ubi  hi  convenltu  agebantur. 

The  proconsul  chose  usually  twenty  of  the  most  respectable  men 
of  the  province,  who  sat  with  him  in  council,  {oui  ei  in  connlio  adtr 
rant,  assidebanl,)  and  were  called  his  council,  CONSILIUM,  Con- 
siliariif  ASSESSORES,  et  Recuptraiores.  Hence  Consilium  cogt- 
re,  in  consilium  advocare,  adhibere  ;  tit  consilio  esse,  adesse,  assidere, 
habere  ;  in  consilium  ire,  mittere,  dimiilere,  dLC.  The  proconsul 
passed  sentence  according  to  the  opinion  of  his  council,  (de  coniihi 
sententia  decrtvit,  pronunciavit,)  &c. 

As  the  governors  of  provinces  were  prohibiled  from  using  any 
other  language  than  the  Latin*,  in  the  functions  of  their  office,  VaL 
Max,  ii.  2.  2.  they  were  always  attended  by  interpreters,  Cic.  Verr, 
iii.  37.  Fam.  xiii.  54.  The  judices  were  chosen  differently  in  dif- 
ferent places,  according  to  the  rank  of  the  litigants,  and  the  nature 
of  the  cause,  Cic.  Vtrr.  ii.  13.  15.  17. 

The  proconsul  had  the  disposal  {curaiio)  of  the  com,  of  the  tax- 
es ;  and,  in  short,  of  every  thing  which  pertained  to  the  province. 
Corn  given  to  the  proconsul  by  way  of  present,  was  called  HONA- 
RIUM,  Cic.  in  Pis.  35. 

If  a  proconsul  behaved  well,  he  received  the  highest  honours,  Cic. 
All.  V.  21  •  as,  slatius,  temples,  brazen  horses,  &c.  which  through 
flattery  used  indeed  to  be  erected  of  course  to  all  governors,  though 
ever  so  corrupt  and  oppressive. 

Festival  days  used  dso  to  be  ap|>ointed  ;  as  in  honour  of  Marcel- 
lus  (Marc£llea,  -orum,)  in  Sicily,  and  of  Q.  Mucins  ScsBvola  (Mu- 
cba)  in  Asia,  Cic.  Vert.  ii.  21.  10.  13. 

If  a  governor  did  not  behave  well,  he  might  afterwards  be  brought 
to  his  trial :  1.  for  extortion,  (REPETUNDARUM,)  if  he  had  made 
unjust  exactions,  or  had  even  received  presents,  Plin.  Ep.  iv.  9. — 
2.  for  peculation,  (PECULATUS,)  if  he  had  embezzled  the  public 
money  ;  hence  called  peculator,  or  depecolator,  Ascon.  in  Cic. 
Verr.  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 


142  ROMAN  ANTIQUITIES. 

the  army  out  of  the  province  ;  and  made  war  on  any  prince  or  statd 
without  the  order  of  the  people,  or  the  decree  of  the  senate. 

Various  laws  were  made  to  secure  the  just  administration  of  the 
provinces,  but  these  were  insufficient  to  check  the  rapacity  of  the 
Koman  magistrates.  Hence  the  provinces  were  miserably  oppress- 
ed by  their  exactions.  Not  only  the  avarice  of  the  governor  waste 
be  gratified,  but  that  of  all  his  officers  and  dependents  ;  as,  his  lieu- 
tenants, tribunes,  praefects,  &c.  and  even  of  his  freedmen  and  fa- 
vourite slaves,  JuvtnaL  viii.  87. — 130. 

The  pretexts  for  exacting  money  were  various.  The  towns  and 
villages,  through  which  the  governors  passed,  were  obliged  by  the 
JULIAN  law  to  supply  them  and  their  retinue  with  forage  and 
wood  for  firing,  Cic.  Alt,  v.  16.  The  wealthier  cities  paid  lai^ 
contributions  for  being  exempted  from  furnishing  winter-quarters 
to  the  arm^.  Thus  the  inhabitants  of  Cyprus  alone  paid  yearly  on 
this  account  200  talents,  or  about  40,000/,  sterling,  Ctc.  Ait.  v.  21. 

Anciently  a  proconsul,  when  he  had  gained  a  victory,  used  to  have 
golden  crowns  sent  him,  not  only  from  the  different  cities  of  hisowa 
province,  but  also  from  tlie  neighbouring  states,  Liv.  xxxviii.  37.  14. 
which  were  carried  before  him  in  his  triumph.  Id.  xxxvii.  58.  xxxix. 
5.  7. 29.  xl.  43.  Dio.  xlii.  49.  Afterwards  the  cities  of  the  province, 
instead  of  sending  crowns,  paid  money  on  this  account,  which  was 
called  AURUM  CORONARIUM,  and  was  sometimes  exacted  as 
a  tribute,  Cic,  in  Pis.  37. 

A  proconsul,  when  the  annual  term  of  his  government  was  elapsed 
delivered  up  the  province  and  army  to  his  successor,  if  he  arrived  in 
time,  and  left  the  province  within  thirty  days  ;  but  first  he  was 
obliged  to  deposite  in  two  of  the  principal  cities  of  his  jurisdiction, 
an  account  of  the  money  which  had  passed  through  his  own  or  his 
officers'  hands,  stated  and  balanced,  {apud  duos  civilates,  qucB  max^ 
ima  viderenlur,  raliones  confecias  et  consolidatas  depondere^)  Cic. 
Fam.  V.  20.  If  his  successor  did  not  arrive,  he  nevertheless  depart- 
ed, leaving  his  lieutenant,  or  more  frequently  his  queestorj  to  com- 
mand in  the  province,  Cic.  Fam.  ii.  15.  AtL  vi.  5.  6. 

When  a  proconsul  returned  to  Rome,  he  entered  the  city  as  a  pri- 
vate person,  unless  he  claimed  a  triumph  ;  in  which  case  he  did  not 
enter  the  city,  but  gave  an  account  of  his  exploits  to  the  senate  as- 
sembled in  the  temple  of  Bellono,  or  in  some  other  temple  without 
the  city.  Liv.  iii.  63.  xxxviii.  45.  Dio.  xlix.  15.  In  the  meantime 
he  usually  waited  near  the  city  till  the  matter  was  determined, 
whence  he  was  said  ad  urbem  esse,  Sail.  Cat.  30.  and  retained  the  title 
of  IMPERATOR,  which  his  soldiers  had  given  him  upon  his  victo- 
ry', with  the  badges  of  command,  his  lictors^  txnd  fasces ,  &c.  Appian 
says  that  in  his  time  no  one  was  called  im))erator,  unless  10,000  of 
the  enemy  had  been  slain,  De  Bell.  Civ.  ii.  p.  455.  When  any  one 
had  pretensions  to  a  triumph,  his  fasces  were  always  wreathed  with 
laurel,  Cic.  Fam.  ii.  16.  Au.  x.  10.  as  the  letters  were,  which  he 
sent  to  the  senate  concerning  his  victory,  Ctc.  in  Pis.  17*     Some- 


PROVINCIAL  MAGISTRATES.  143 

times  when  the  determination  was  long  delayed,  he  retired  to  some 
distance  irom  Rome.     Cic.  Att.  vii.  15. 

If  he  obtained  a  triumph,  a  bill  was  proposed  to  the  people,  that 
he  should  have  military  command  {ui  ti  inwerium  essei)  on  the  day 
of  his  triumph,  Liv.  xlv.  35.  Cic.  Att.  iv.  lo.  for  without  this  no  one 
could  have  military  command  within  the  city. 

Then  he  was  obliged  by  the  JULIAN  law,  within  thirty  daysto  give 
in  to  the  treasury  an  exact  copy  of  the  accounts  which  he  had  left 
in  the  pfovince,  (^easdem  rationes  totidem  verbis  referre  ad  tBrariumi) 
Cic.  Att.  V.  20.  At  the  same  time  he  recommended  those  who  de- 
served public  rewards  for  their  services,  (in  beneficiisj  ad  ararium 
detulit^)  Cic.  ibid,  et  pro  Arch.  5. 

What  has  been  said  concerning  a  proconsul,  took  place  with  re- 
spect to  a  proprsetor  ;  unless  that  a  proconsul  had  twelve  lictors, 
and  a  proprsetor  only  six.  The  army  and  retinue  of  the  one  were 
likewise  commonly  greater  than  that  of  the  other.  The  provinces, 
to  which  proconsuls  were  sent,  were  called  Proconsulares  ;  pro- 
praetors, Pratorijb,  Dio.  liii.  14. 

PROVINCIAL  MAGISTRATES  under  the  EMPERORS. 

Augustus  made  a  new  partition  of  the  provinces.  Those  which 
were  peaceable  and  less  exposed  to  an  enemy,  he  loft  to  the  ma- 
nagement of  the  senate  and  people  ;  but  of  such  as  were  more 
strong,  and  open  to  hostile  invasions,  and  where,  of  course,  it  was 
necessary  to  support  greater  armies,  he  undertook  the  government 
himself,  {regendas  ipse  suscepit,)  Suet.  Aug.  47.  This  he  did  under 
pretext  of  easing  the  senate  and  people  of  the  trouble,  but  in  reality 
to  increase  his  own  power,  by  assuming  the  command  of  the  army 
entirely  to  himself. 

The  provinces  under  the  direction  of  the  senate  and  people, 
(PROVINCIiE  SENATORIiE  et  POPULARES  vel  Puhlica,)  at 
first  were  Africa  propria^  or  the  territories  of  Carthage,  Kumidia, 
Cyrene  ;  Asia^  (which,  when  put  for  a  province,  comprehended  on- 
ly the  countries  along  the  Propontis  and  the  Mglan  Sea^  namely, 
Pkrjfgiay  Mysia^  Caria^  Lydia^  Cic.  pro  Flacc.  27.)  BUhynia  and 
Pontusy  Graecia  and  Epirus^  Dalmatia^  Macedonia^  Sicilian  Sardinia^ 
CretOj  and  Hispania  Batica,  Dio.  liii.  12. 

The  provinces  of  the  emperor  (PRO  VlNCIiE  IMPERATORIiE, 
vel  Casarum,)  were  Hispania  Tarraconensis  and  Lusitaniay  Gallia^ 
Calosyria^  Phxnida^  Cilicia,  Cyprus^  Egyptus,  to  which  others  wejre 
afterwards  added.  But  the  condition  of  these  provinces  were  often 
changed ;  so  that  they  were  transferred  from  the  senate  and  people 
to  the  emperor,  and  the  contrary,  Dio.  liii.  12.  liv.  4.  3.  StrabOf 
xvii.  fin.  The  provinces  of  the  emperor  seem  to  have  been  in  a 
better  state  than  those  of  the  senate  and  peopple.  Tacit.  Annal.  i.  76. 
The  magistrates  sent  to  govern  the  provinces  of  the  senate  and 
people  were  called  PROCONSULES,  although  sometimes  only  of 
prsetorian  rank,  Dio.  liii.  13.    The  senate  appointed  them  by  lot. 


144  ROMAN  ANTIQUITIES. 

(sartitb  miittbanl^)  out  of  those  who  had  borne  a  magistracy  in  this 
city  at  least  five  years  before,  Suet.  Aug.  36.  Vtsp.  4.  P/tn.  Ep.  ii. 
\%  Dio.  liii.  14.  They  had  the  same  badges  of  authority  as  the 
proconsuls  had  fornferly ;  but  they  had  only  a  civil  power,  {polestas 
yni  jmriBdictiot)  and  no  military  command  {imperium^)  nor  disposal 
of  the  taxes.  The  taxes  were  collected,  and  the  soldiers  in  their 
provinces  commanded  by  officers  appointed  by  Augustus.  Their 
authority  lasted  only  for  one  year,  and  they  lefl  the  province  imme- 
diately when  a  successor  was  sent,  Dio.  ibid.  ** 

Those  whom  the  emperor  sent  to  command  his  provinces  were 
called  LEGATI  CiESARiS;>ro  Consule,  Propralorts^  vel  proprm- 
tore,  Dio.  liii.  13.  Comulares  Legaii,  Suet.  Tib.  41.  Consiuartg 
RecioreSf  Suet,  Vesp.  8.  or  simply,  Consulares^  Suet.  Tib.  32.  Ta- 
cit. Hist.  ii.  97.  and  Legati^  Suet.  Vesp.  4.  also  Prcendes,  Praftcti^ 
Correctoresj  &c. 

The  governor  of  Egypt  was  usually  called  PRiEFECTUS,  Suei. 
Vesp.  6.  or  Prafecius  Jiugustalis,  Digest,  and  was  the  first  impera- 
torial  legate  .that  was  appointed. 

There  was  said  to  be  an  ancient  prediction  concerning  iEgypt, 
that  it  would  recover  its  liberty  when  the  Roman  fasces  and  pr<B- 
texta  should  come  to  it,  Cic.  Fam,  i.  7.  Trebell.  Poll,  in  JEmilian. 
Augustus  artfully  converting  this  to  his  own  purpose,  claimed  that 
province  to  himself,  and  discharging  a  senator  from  going  to  it  with- 
OQt  permission,  Dio.  Ii.  17.  he  sent  thither  a  governor  of  equestrian 
rank,  without  the  usual  ensigns  of  authority,  Tacit^  Ann.  ii.  59.  Suei. 
Tift.  53.  To  him  was  joined  a  person  to  assist  in  administering  jus- 
tioe,  called  Juaioicus  Alsxandrina  civitatis.  Pandect,  (o  dtxaMoSorng^ 
Sirabo,  xviL  p.  797.) 

The  first  praefect  of  iEgypt  was  Cornelius  Gallus,  celebrated  by 
Vii^l  in  his  last  eclogue,  and  by  Ovid,  Amor.  i.  15.  29.    {Hunc  pn- 
mum  Mgyptus  Romanum  judicem  habuit^  Eutrop.  vii.  7.)  Suet.  Aug. 
«6.  Dio.  Ii.  17. 

The  legates  of  the  emperor  were  chosen  from  the  senators,  but 
the  praefect  of  iEgypt  only  from  the  Equites^  Tacit,  xii.  60.  Dio.  liii. 
13.  Tiberius  gave  that  charge  to  one  of  his  freedmen,  Dio.  Iviii. 
10.  The  iegati  Casaris  wore  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,  Dio.  liii.  13.  # 

In  each  province,  besides  the  governor,  there  was  an  officer  call- 
ed PROCURATOR  CiESARIS,  Tacit.  Agric.  15.  or  curator,  and 
in  later  times,  rationalise  who  managed  the  affairs  of  the  revenue, 
(am  res  fisci  curabat  ;  pnblicos  reditus  coUigebat  et  erogabat,)  and 
also  had  a  judicial  power  in  matters  that  concerned  the  revenue, 
Sue/.  Claud.  12.  whence  that  office  was  called  procuratio  ampUssi- 
ma.  Suet.  Galb.  15.  •  These  Procurators  were  chosen  from  the 
EquUts,  and  sometimes  from  freedmen,  Dio.  lii.  25.  They  were 
sent  not  only  into  the  provinces  of  the  emperor,  but  also  into  those 
•of  the  senate  and  people,  Dio.  liii.  15. 


RE-ESTABLISHMENT  OF  MONARCHY,  &c      145 

Sometimes  a  Procurator  discharged  the  office  of  a  governofi  (vice 
frasidis  fungtbatar^)  especially  in  a  small  province,  or  io  a  part  of 
a  larse  province,  where  the  governor  could  not  be  present ;  as  Pon« 
tius  rilate  did,  who  was  procurator  or  praposUus  (Suet.  Vesp.  4.) 
of  Judaea,  whicif  was  annexed  to  the  province  of  Syria,  Tacii,  An^ 
naL  xii.  23.  Hence  he  had  the  pow^er  of  punishing  capitally,  ibid. 
XV.  44.  which  the  procuratores  did  not  usually  possess,  ib,  iy.  15. 
V  To  all  these  magistrates  and  officers  Augustus  appointed  different 
salaries,  according  to  their  i*cspective  dignity,  Dio»  liii.  15.  Those 
who  received  200  sestertia  were  called  ijUcenarii  ;  100,  cbntbna- 
Ru  ;  60,  SBXAOENARii,<$r(;.  CapUolin.  in  Pertinac.  c.  2.  A  certain 
sum  was  given  them  for  mules  and  tents ;  which  used  formerly  to 
be  afforded  at  the  public  expense,  SueL  Aug,  36. 

All  these  alterations  and  arrangements  were  made  in  appearance 
by  public  authority,  but  in  fact  by  the  will  of  Augustus. 

RE^ESTABLISHMENT  of  MONARCHY  under  AUGUSTUS: 
TITLES,  BADGES,  and  POWERS  of  the  EMPERORS. 

Thk  monarchical  form  of  government  established  by  Augustus, 
although  different  in  name  and  external  appearance,  in  several  re- 
spects resembled  that  which  had  prevailed  under  the  kings.  Both 
were  partly  hereditary,  and  partly  elective.  The  choice,  of  the 
kings  depended  on  the  senate  and  people  at  large ;  that  of  the  em* 
perors,  chiefly  on  the  army.  When  the  former  abused  their  pow- 
er, they  were  expelled  ;  the  latter  were  often  put  to  death :  but  the 
interests  of  the  army  being  separate  from  those  of  the  state,  ocpa- 
sioned  the  continuation  of  despotism.  According  to  Pompoqius,  de 
origine  juris,  D.  i.  2.  14.  Reoes  omnem  potest atem  habujsse, 
their  rights  were  the  same.  But  the  account  of  Dionysius  and 
others  is  different.     (See  p.  97.) 

As  Augustus  had  become  master  of  the  republic  by  force  of  arms, 
he  might  have  founded  his  right  to  govern  it  on  that  basis,  as  his 
grand  uncle  and  father  by  adoption,  Julius  Cssar,  had  done.  But 
the  apprehension  he  always  entertained  of  Csesar^s  fate  made  him 
pursue  a  quite  different  course.  The  dreadful  destruction  of  the 
civil  wars,  and  the  savage  cruelty  of  the  Triumviri,  had  cut  off  all 
the  keenest  supporters  of  liberty.  Tacit.  Ann.  u  2.  and  had  so  hum- 
bled the  spirit  of  the  Romans,  that  they  were  willing  to  submit  to 
anv  form  of  government  rather  than  hazard  a  repetition  of  former 
calamities,  {tuta  el  prastntia  quamvetera  et  periculoiamalebant,\\AA.) 
The  empire  was  now  so  widely  extended,  the  number  of  those  who 
had  a  right  to  vote  in  the  .legislative  assemblies  so  great,  (the  Ro- 
mans having  never  employed  the  modern  method  of  diminishing  that 
number  by  representation,)  and  the  morals  of  the  people  so  corrupt, 
that  a  republican  form  of  government  was  no  longer  fitted  to  conduct 
so  unwieldy  a  machine.  The  vast  intermixture  of  inhabitants 
which  composed  the  capital,  and  the  numerous  armies  requisite  to 
keep  the  provinces  in  subjection,  could  no  longer  be  controlled  but 


146  ROMAN  ANTIQUITIES. 

by  the  power  of  one.  Had  Aujgustua  possessed  the*  magnanimity 
and  wisdom  to  lay  himself  and  his  sdccessors  under  proper  restrainU 
i^inst  the  abuse  of  power,  his  descendants  might  have  long  enjoyed 
that  exalted  station  to  which  his  wonderful  good  fortune,  and  the 
abilities  of  others,  had  raised  him.  Had  he,  agreeably  to  his  re- 
peated declarations,  wished  for  command  only  to  promote  the  hap- 
piness of  his  fellow-citizen$,  he  would  have  aimed  at  no  more  power 
than  was  necessary  for  that  purpose.  But  the  lust  of  dominion,  af- 
thoogh  artfully  disguised,  appears  to  have  been  the  ruling  passion  of 
his  mind,  {specie  reeusantis  flagrantissime  cupiverat,)  Tacit.  Ann. 

i.2.3.  10. 

Upon  his  return  to  Rome  after  the  conquest  of  £^pt,  and  the 
(feath  of  Antony  and  Cleopatra,  A.  U.  725,  he  is  said  to  have  se- 
rionsly  deliberated  with  his  two  chief  favourites,  Agrippa  and  Mie- 
cenas,  about  resigning  his  power,  and  restoring  the  ancient  form  of 
government  Agrippa  advised  him  to  do  so,  but  Maecenas  dissuad- 
ed him  from  it  In  the  speeches  which  Dio  Cassius  makes  them 
deliver  on  tUs  occasion,  the  principal  arguments  for  and  a^inst  a 
popular  aiid  monarchical  government,  are  introduced,  lii.  The  ad- 
vice of  Maecenas  prevailed,  t6.  41.  Augustus,  however,  in  the  fol- 
lowing 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  against  this  proposal ;  and 
the  rest,  either  prompt^  by  opinion,  or  overawed  by  fear,  all  with 
one  voice  conjured  him  to  retain  the  command.  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  reflate 
the  state  of  public  aflnirs,  (rempublicam  ordinaret ;)  thus  seeming  to 
rule,  as  if  by  constraint,  at  the  earnest  desvcfd  of  his  fellow-citizens ; 
which  gave  his  usurpation  the  sanction  of  law. 

This  farce  he  repeated  at  the  end  of  eveiy  ten  years,  Dio.  liii.  46.  but 
the  second  time,  A.  U.  736,  heraccepted  tne  government  only  for  five 
years,  saying  that  this  space  of  time  was  th^n  suflScient  Id.  liv.  12. 
and  when  it  was  elapsed,  for  five  years  more,  Id.  liii.  16.  but  idter 
that,  always  for  ten  years.  Id.  Iv.  6.  He  died  in  the  first  year  of  the 
fifth  decennium,  the  19th  of  September,  (xiv.  Kal.  Sept.)  A.  U.  787. 
aged  near  76  years ;  having  ruled  alone  near  44  years.  The  suc- 
ceeding emperors,  although  at  their  accession  they  received  the  em- 
pire for  life,  yet  at  the  banning  of  every  ten  years,  used  to  hold  a 
festival,  as  if  to  commemorate  the  renewal  of  the  empire,  Dio.  Uii. 
10. 

As  the  senate  by  their  misconduct,  (see  p.  123,)  had  occaskmed 
the  loss  of  liberty,  so  by  their  servility  to  Augustus,  they  established 
tyranny,  {Ruere  in  eervitutem  conndee^  patrtSy  eques,  as  Tacitus  says 
upon  the  accession  of  Tiberius,  Annal.  i.  7.)  Upon  his  fei^oed  o&r 
to  resign  the  empire,  they  seem  to  have  racked  their  invention 
to  contrive  new  honours  for  him.    To  the  names  of  IMPERATOR, 


RE-E8TABU8HMENT  OF  MONARCHY*  &c.      147 

JDto.  xliii.  44  CiE8AR»  fd.  xlvi  47.  and  PRINCE,  (Paihcbps  &* 
fiahtf )  liii.  1.  which  they  had  formerly  conferred*  they  added  those 
of  AUGUSTUS,  {vefurandtis  y.  "ObUu^  ab  augur ^  quasi  inmigwrtUuM 
▼el  con$tcraXu»  ;  ideoque  DUb  cams  ;  cultu  divino  a^tAendns^  ^ifiag^g ; 
Pottfon.  iiu  11.  yel  ab  avgeo  ;,quaiii  sua  Jupiter  auget  <q)e,  OwL 
firsi.  u  612.  Suei.  Aug*  7.)  Dio*  liii.  16.  and  Fdther  of  his  country^ 
(Patu  PATaiJK,)  Suet.  58.  Ovtd.  Fat/,  ii.  127.  Pont.  W.  9.  ti/l. 
TruU  ir.  4.  13.  ^c  This  title  had  been  first  given  to  Cicero  by 
the  senate,  after  his  suppression  of  Catiline's  conspiracy ;  R0114 

PATRKM  PATRIJK  ClCBRONXM  LIBERA  DIXIT,  JuVtUOL  viii.  244.     P/tfl» 

▼ii*  30.  by  the  advice  of  Cato,  Appian.  B.  civ,  ii.  431.  Plut,  in  Ctc 
or  of  Catulus,  as  Cicero  himself  says,  Ptt.  3.  It  was  next  decreed 
to  Julius  Caesar,  SueL  76.  Dio,  xliv.  4.  and  some  of  his  cpins  are 
still  extant  with  that  inscription.    Cicero  proposed  that  it  should  ba 

Spven  to  Augustus,  when  yet  very  young,  PAt7.  xiii.  1 1.  It  was  re* 
iised  by  Tiberius,  SueL  67.  as  also  the  title  of  Impcrator,  Id.  26. 
and  DoMiNus,  37.  Dio.  Iviii.  2.  but  most  of  the  succeeding  emperors 
accepted  it.  Tacit.  Ann.  xi.  25. 

The  title  of  PATER  PATRLE  denoted  chiefly  the  paternal  af- 
fection which  it  became  the  emperors  to  entertain  towards  their 
subjects ;  and  also  that  power,  which,  by  the  Roman  law,  a  father 
hail  over  his  children,  Dio.  liiL  18.  Senec.  Clem.  i.  14. 

Cjisar  was  properly  a  family  title,  Dio.  ihid.  Suet.  Galb.  1. 
According  to  Dio,  it  also  denoted  power,  xliii.  44.  In  later  times, 
it  signified  the  person  destined  to  succeed  to  the  empire,  or  assumed 
into  a  share  of  the  government,  during  the  life  of  the  empercv,  who 
himself  was  always  called  Augustus,  Spartian.  in  Mho  VerOf  2. 
which  was  a  title  of  splendour  and  dignity,  but  not  of  power,  Dio. 
liiu  18. 

Augustus  is  said  to  have  first  desired  the  name  of  Romulus,  that 
he  might  be  considered  as  a  second  founder  of  the  city  ;  but  per- 
ceiving that  thus  he  should  be  suspected  of  aiming  at  sovereignty, 
he  dropt  all  thoughts  of  it,  Dio.  liii.  16.  and  accepted  the  title  of 
Augustus,  the  proposer  of  which  in  the  senate  was  Munatius  Plaii«* 
cus.  Suet,  Aug.  7.  l^eU.  ii.  91.  8erviu8  says,  that  Virgil,  in  allusion 
to  this  desire  of  Augustus,  describes  him  under  the  name  of  Quiri* 
nus,  JEn.  i.  296.  G.  iii.  27. 

The  chief  title,  which  denoted  command,  was  IMPERATOR, 
Dio.  xliii.  44.  By  this  the  successors  of  Augustus  were  peculiarly 
distinguished.  It  was  equivalent  to  Rkx,  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  emperors  them* 
selves,  as  all  generals  were  supposed  to  act  under  their  auspices, 
Herat.  Od.  iv.  14.  32.  Ovid.  Trist.  ii.  173.  Under  the  republic 
the  appellation  of  Imperator  was  put  after  the  name ;  as  CICERO 
IMPERATOR,  Cic.  Ep.  passim,  but  the  titles  of  the  emperors  usu- 
ally before,  as  a  pranomen,  Suet.  Tib.  26.  Thus  the  following 
words  are  inscribed  on  an  ancient  stone,  found  at  Ancyxa,  now  An- 


148  ROMAN  ANTIQUITIES. 

gouri9(tfi  lapide  Afuyrano,)  in  Asia  Minor  ;  Imp.  Casar.  Divi.  F. 
Aug.  Pont.  Max.  Cos.  XIV.  Imp.  XX.  Tribukic.  Potest. 
XXXVIII.  The  Emperor  Cotsar,  the  adopted  son  of  (Julias  Ccesar, 
called)  Divus,  (dfter  his  deification  ;)  Augustus  the  high-priest^  (an 
office  which  he  assumed  after  the  death  of  I^epidus,  A.  U.  741.  JDto. 
liv.  fS7.)  fourteen  times  Consul^  twenty  times  (saluted)  Impirator  (on 
account  of  his  victories).  Dio  says,  he  obtained  this  honour  in  all 
31  times,  lii.  41.  Thus  Tacitus,  J/omen  imperatoris  semel  atque 
vides  partum^  (Ann.  i.  9.)  in  the  38<A  year  of  his  tribunitian  power^ 
(from  the  time  when  he  was  first  invested  with  it  by  the  senate,  A. 
U.  734,  Z>io.  li.  19.)  So  that  this  inscription  was  made  above  five 
years  before  his  death. 

The  night  after  Caesar  was  called  Augustus,  the  Tiber  happen* 
ed  to  overflow  its  banks,  so  as  to  render  all  the  level  parts  of  Rome 
navigable,  Dio,  liii.  20.  Tadt,  Annul,  i.  76.  to  which  Horace  is  sup- 
posed to  allude,  Od,  i.  2.  This  event  was  thought  to  prognosticate 
nis  future  greatness.  'Among  the  various  expressions  of  flattery 
then  used  to  the  emperor,  that  of  Pacuvius,  a  tribune  of  the  com* 
mons,  was  remarkable  :  who  in  the  senate  devoted  himself  to  Cae- 
sar after  the  manner  of  the  Spaniards,  VaL  Max.\\.%.  11.  and  Gauls 
(Dcvotos  t7/t  soLDURios  appellant^  Cses.  Bell.  Gall.  iii.  32.)  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 
follow  his  example.  Whence  it  became  a  custom  for  the  senators 
when  they  congratulated  any  emperor  on  his  accession  to  the  em- 
pire,  to  say  that  they  were  devoted  to  his  service,  Dio.  ibid. 

Macrobius  informs  us  that  it  was  by  means  of  this  tribune,  (Pa- 
cuvio  tribuno  plebem  rogantej  that  an  order  of  the  people  (plebisd* 
turn)  was  made,  appointing  the  month  Sexiilis  to  be  called  August, 
Sat.  112. 

The  titles  given  to  Justinian  in  the  Corpus  Juris,  are,  in  the  In- 
stitutes, Sacsatissimus  Frinceps,  and  Imperatoria  Majestas  ; 
in  the  Pandects,  Dominus  noster  sacratissimus  princeps  ;  and 
the  same  in  the  Codex,  with  this  addition.  Perpetuus  Augustus. 
These  titles  are  still  retained  by  the  Emperor  of  Germany. 

The  powers  conferred  on  Augustus  as  emperor  were,  to  levy  ar- 
mies, to  raise  money,  to  undertake  wars,  to  make  peace,  to  com- 
mand 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. 

In  the'  year  of  the  city  731,  the  senate  decreed  that  Augustus 
should  be  always  proconsul,  even  within  the  city  ;  and  in  the  pro- 
vinces  should  enjoy  greater  authority  than  the  ordinary  proconsuls, 
Dio.  liii.  32.  Accordingly,  he  imposed  taxes  on  the  provinces,  re- 
warded  and  punished  them  as  they  had  favoured  or  oppressed  his 
cause,  and  prescribed  such  regulations  to  them  as  he  himself  thoueht 
proper,  Dio.  liv.  7.  9  &  25., 

In  the  year  736,  it  was  decreed,  that  he  nhould  always  enjoy  con- 


RE.ESTABLISHMENT  OF  MONARCHY,  Ac        149 

sular  power,  with  12  lictors,  and  sit  on  a  cunile  chair  between  the 
coosols.  The  senators  at  the  same  time  requested  that  he  would 
undertake  the  rectifying  of  all  abuses,  and  enact  what  laws  he  thou^t 
proper :  oflTering  to  swear  that  they  would  observe  them,  whatever 
they  should  be.  This  Augustus  declined,  well  knowing,  says  Dio, 
that  they  would  perform  what  they  cordially  decreed  without  an 
oath  ;  but  not  the  contrary,  although  they  Dound  themselves  lyy  a 
thousand  oaths,  Dio.  liv.  10. 

The  multiplying  of  oaths  always  renders  them  less  sacred,  and  no> 
thing  is  more  pernicious  to  morals,  than  the  too  frequent  exaction  of 
oaths  by  public  authority  without  a  necessary  cause.  Livy  informs 
us,  that  the  sanctity  of  an  oath  (Jides  tt  jusiurandium)  had  more  in- 
fluence with  the  ancient  Romans,  than  the  fear  of  laws  and  punish- 
ments, {proximo  legum  etpanarum^  metu,)  Liv.  i.  21.  iL  45.  *They 
did  not,  he  says,  as  in  after  times,  when  a  neglect  of  religion  pre- 
vailed, by  interpretations  adapt  an  oath  and  the  laws  to  tTOmselves, 
but  conformed  every  one  his  own  conduct  to  them,  Liv,  \\u  20.  ii. 
32.  xxii.  61.  Cic.  Of.  iii.  30  &  31.     8ee  also,  Pofyb.  vi.  54  &  56. 

Although  few  ofthe  emperors .  accepted  the  title  of  Censor,  (see 
p.  117,)  yet  all  of  them  in  part  exercised  the  rights  of  that  offace, 
as  also  those  of  Ponlifex  Abximus  and  tribune  of  the  Commons, 
Dio.  liii.  17.    See  p.  124. 

The  emperors  were  freed  from  the  obligation  of  the  laws,  {Ugu 
bus  toluiif)  so  that  they  might  do  what  they  pleased,  Dio,  liii.  18  A 
28.    Some,  however,  understand  {his  only  of  certain  laws  :  for  Au- 

Sstus  afterwards  requested  of  the  senate,  that  he  might  be  freed 
jm  the  Yoconian  law,  Dio.  Ivi.  32.  but  a  person  was  said  to  be 
{Ugibus  solutus^)  who  wasfreed  only  from  one  law,  Cic,  Phil,  ii.  13. 

On  the  first  of  January,  every  year,  the  senate  and  people  renew- 
ed their  oath  of  allegiance,  Tacit,  Ann,  xvi.  22.  or,  as  it  was  ex- 
pressed, confirmed  the  acts  of  the  emperors  by  an  oath  ;*which  cus- 
tom was  first  introduced  by  the  Triumviri^  after  the  death  of  Caesar, 
Dio.  xlvii.  18.  repeated*  to' Augustus,  Id.  Ii.  20.  liii.  28.  and  al- 
ways continued  under  the  succeeding  emperors.  They  not  only 
swore  that  they  approved  of  what  the  emperors  had  done,  but  that 
they  would  in  like  manner  confirm  whatever  they  should  do,  Id, 
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  any  one  to  swear  to 
his  acts,  (m  acta  suajurare ;)  but  not  only  ordered  others  to  swear 
to  the  hcts  of  Augustus,  but  swore  to  them  also  himself,  Id,  Ix.  10. 

It  was  usual  to  swear  by  the  genius,  the  fortune,  or  safety  of  the 
emperor ;  which  was  first  decreed  in  honour  of  Julius  Caesar,  Dio, 
xliv.  6.  and  commonly  observed,  Id.  50.  so  likewise  by  that  of  Au- 
gustus, even  after  his  death.  Id,  Ivii.  9.  To  violate  this  oath  was 
esteemed  a  heinous  crime.  Ibid,  ^r  Tacit,  Jinn,  i.  73.  Codex,  iv. 
1.  2.  ii.  4.  41.  Dio,  xii.  2.  13.  and  more  severely  punished  than 
Jfeal  perjury,  Tertull.  Apol,  18.    It  was  reckoned  a  species  of 


150  ROMAN  ANTIQUITIES. 

treason,  {majestatis,)  and  punished  by  the  bastinado,  D.  zii.  2. 
13.  sometimes  by  cutting  out  the  tongue,  Goihofred  in  loc.  So  that 
Minutius  Felix  justly  says,  c.  29.  Est  its,  (sc  ElhnicU,)  *tutius  per 
Jovis  geniutn  pegerare  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  Sejanus,  Id.  Wiii.  2.  & 
Alter  the  death  of  the  latter,  it  was  decreed  that  no  oath  should  be 
made  by  any  other  but  the  emperor,  Ibid.  12.  Caligula  ordained 
that  to  all  oaths  these  words  should  be  added  ;  Nequb  mb,  nkqub 

HKOS    LIBBROS    CHAR10RE8    HABEO,   QUAM    CaIUM    BT   SORORES   EJUS. 

8ueL  15.  Dio.  lix.  3.  9.  and  that  the  women  should  swear  by  his 
wife  Drusilla,  ibid.  11,  as  he  himself  did,  in  his  most  public  and  so- 
lemn asseverations.  Suet.  24  So  Claudius,  by  Livia,  Dio.  Ix.  & 
Suet.  Claud.  11. 

In  imitation  of  the  temple  and  divine  honours  appointed  by  the 
Triumviri  to  Julius  Csesar,  Dio.  xlvii.  18.  and  confirmed  by  Att- 
gustu&  Id.  li.  20.  altars  were  privately  erected  to  Augustus  him- 
self, at  Rome,  Firg,  Eel.  i.  7.  Horat.  Ep.  ii.  1.  16.  Ovid.  Fast.  i. 
13.  and  particularly  in  the  provinces,  but  he  permitted  no  temple  to 
be  publicly  consecrated  to  him,  unless  in  conjunction  with  the  city, 
Rome ;  Auoustu  bt  Urbi  Romje  ;  and  that  only  in  the  provinces. 
Tacit.  Jinn.  iv.  37.  for  in  the  city  they  were  strictly  prohibited. 
Suet.  52.  After  his  death  they  were  very  frequent,  Tacit.  Ann.  i. 
11.  73.  Dio.  Ivi.  46. 

It  was  Ukewise  decreed  in  honour  of  Augustus,  that  when  the 
priests  offered  up  vows  for  the  safety  of  the  people  and  senate,  they 
should  do  the  same  for  him,  Dio.  fi.  19.  so  for  the  succeeding  era* 
perors ;  Tacit.  Ann.  iv.  17.  particularly  at  the  beginning  of  the 
^ear.  Id.  xvi.  22.  on  the  3d  of  January :  Dio.  lix.  24. — wo,  that 
\n  all  public  and  private  entertainments,  libations  should  be  made 
to  him  with  wishes  (or  his  safety,  Dto.  li.  19.  Ovid.  Fast.  ii.  637. 
Pont.  ii.  3.  uU.  as  to  the  Lares  and  other  gods,  Horat.  Od.  iv. 
5.33. 

On  public  occasions  the  emperors  wore  a  crown  and  a  triumphal 
robe,  Dio.  Ii.  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  Antonyius  calls  it  a  lamp,  i.  17.  probably  borrowed 
from  the  Persians,  Xenoph.  Cyrop.  viii.  u\.  p.  215.  Ammian.  xxiii.  6. 
Something  similar  seem^  to  have  been  used  by  the  magistrates  of 
the  municipal  towns  ;  prtmce  batillus,  v.  -um,  a  pan  of  burning  coals, 
or  a  portable  hearth,  (focus  portabilis,)  in  which  incense  was  btnut ; 
a  perfumed  stove,  Horat.  Sat.  i.  5.  36. 

Dioclesian  introduced  the  custom  of  kneeling  to  the  emperors, 
{adorari  se  jussit,  dim  ante  eum  cuncti  saliUareniur,  Eutrop.  tx.  1& 
Aurelius  Victor,  de  Ccbs.  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 


RE-ESTABUSHMENT  OF  MONARCHY,  &c.     151 


he  diffbred  little  from  an  ordinary  citizen  of  distinguished  rank,  ex- 
cept being  attended  by  his  prsetorian  guards.  Sut  after  be  had 
gained  the  soldiers  by  donatives,  the  people  by  a  distribution  of 
ffrain,  and  the  whole  body  of  citizens  by  tne  sweetness  of  repose, 
be  gradually  increased  his  authority  ;  {insurgere  paulatim,)  and  en- 
grossed  all  the  powers  of  the  state,  {munia  senatiks,  magistratuum^ 
legum  in  se  transferrer)  Tacit  Ann.  i.  ti.  Such  of  the  nobility  a^ 
were  most  compliant,  (fuan/o  qvia  serviiio  promptior^)  were  raised 
to  wealth  and  preferment.  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  state,  yet  both  were 
disposed  of  equally  at  his  pleasure,  Dio,  iiii.  16. 

The  long  rei^n  and  artful  conduct  of  Augustus,  so  habituated  the 
Romans  to  subjection,  that  they  never  afterwards  so  much  as  made 
one  general  effort  to  regain  their  liberty,  nor  even  to  mitigate  the 
rigour  of  tyranny.    In  consequence  of  which,  their  character  be- 
came more  and  more  degenerate.    After  being  deprived  of  the 
right  of  voting,  they  lost  allconcem  about  public  affairs ;  and  were 
only  anxious,  says  Juvenal,  about  two  things,  bread  and  gameSf 
(Panem  et  CiRCBNSES,  1.  c.  largesses  and  spectacles,)  Juvenal,  x. 
oO. — 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.  Iiii. 
19.    It  is  suprising,  that  though  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  invested  with  unlimited  power,  yet  none  of  them  seem  ever 
to  have  thought  of  new-modelling  the  government,  and  of  provid- 
ing an  effectual  check  against  the  future  commission  of  shnilar  en- 
ormities.   Whether  they  thought  it  impracticable,  or  wished  to  trans- 
mit to  their  successors,  unimpaired,  the  same  powers  which  they 
had  received ;  or  from  what  other  cause  we  know  not.    It  is  at 
least  certain  that  no  history  of  any  people  shows  more  clearly  the 
pernicious  eiiects  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  consequence  of  that  success  with  which  their  lust  of  con- 
<}uest  was  attended.    For  the  force  employed  to  enslave  other  na- 
tions, being  turned  against  themselves,  served  at  first  to  accom- 
plish, and  afterwards  to  perpetuate,  their  own  servitude.    And  it 
18  remarkable,  that  the  nobility  of  Rome,  whose  rapacity  and  cor- 
ruption had  so  much  contributed  to  the  loss  of  liberty,  were  the 
pnncipal  sufferers  by  this  change ;  for  on  them,  those  savage  mon- 
sters, who  succeeded  Augustus,  chiefly  exercised  their  cruelty. 
The  bulk  of  the  people,  and  particularly  the  provinces,  were  not 
QKNne  oppressed  than  they  had  been  under  the  republic.    Thus  Ta- 
citus observes,  Nequt  provincia  ilium  remm  $iatum  abnuebant,  sus- 
P^cto  senatAs  populique  imperio  ob  ctrtamina  poUntium^  el  avaritiam 


152  ROMAN  ANTIQUITIES. 

magistratuum  ;  invaUdo  legum  auaiiliOj  qua  vi,  ambitUy  postrMnd  pe- 
cimia  turbabanturj  Annal.  i.  2. 

PUBLIC  SERVANTS  of  the  MAGISTRATES. 

The  public  servants  {ministri)  of  the  magistrates,  were  called  by 
the  common  name  of  APPARITORES,  Liv.  i.  8.  because  they 
were  at  hand  to  execute  their  commands  {qilod  Us  apparebant,  i.  e. 
prmsto  erant  ad  obsequium^  Serv.  ad  Virg.  JEn.  xii.  850.)  and  their 
service  or  attendance  apparitio,  Cic.  Fam.  xiii.  54.     These  were, 

I.  SCRIBiG,  Notaries  or  clerks,  who  wrote  out  the  public  ac- 
counts, the  laws,  and  all  the  proceedings  (acta)  of  the  magistrates. 
Those  who  exercised  that  office  were  said  scriptum  facere^  Liv. 
xi.  46.  Gell,  vi.  9.  from  scripim^  -lis.  They  were  denominated 
from  the  magistrates  whom  they  attended ;  thus,  Scriba  qucMtom,  ttdi- 
liiii^  prostoriif  &c.  and  were  divided  into  different  decuruB  ;  whence 
deatriam  emercj  for  munus  scribcB  emere^  Cic.  Verr.  iii.  79.  This 
office  was  more  honourable  among  the  Greeks  than  the  Romans, 
Jiep,  Eum.  1.  The  scriba  at  Rome,  however,  were  generally  com- 
posed of  free-born  citizens  ;  and  they  became  so  respectable,  that 
their  order  is  called  by  Cicero  hanestus  {quod  eorum  fidti  tabula 
publiccB,  periculaque  magistratuum  commit tuntur,)  Cic.  Verr.  iii.  79. 

There  were  also  actuarii  or  notarii,  who  took  down  in  short-hand 
what  was  said  or  done,  {notis  excipiebant,)  Suet.  Jul.  55.  These 
were  different  from  the  scribm^  and  were  commonly  slaves  or  freed - 
men,  Dio.  Iv.  7.  The  scriba  were  also  called  librarii,  Festus. 
But  librarii  is  usually  put  for  those  who  transcribe  books,  Cic,  Ati. 
xii.  6.  Suet.  Domit.  10.  for  which  purpose  the  wealthy  Romans, 
who  had  a  taste  for  literature,  sometimes  Icept  several  slaves,  Nep, 
Att.  13. 

The  method  of  writing  short-hand  is  said  to  have  been  invented 
by  Maecenas,  Di'o.  Iv.  7.  according  to  Isidore,  by  Tiro,  the  favourite 
slave  and  freedman  of  Cicero,  hid,  i.  22.  Seruc.  Ep.  90. 

II.  PRiECONES,  heralds  or  public  criers,  who  were  employed 
for  various  purposes. 

1.  In  all  public  assemblies  they  ordered  silence,  (sUentium  indices 
bant  vel  -  imperabant  :  exsuroe,  prjgco,  fac  populo  addientiam, 
Plau$.  Pan.  proL  11.)  by  saying,  Silete  vel  tacbte  ;  and  in  sacred 
rites  by  a  solemn  form,  Favete  lingues,  Horat.  Od.  iii.  1.  Ore  fa* 
vete  oh nes,  Virg.  Mn.  v.  71.  Hence  sacrum  silentium  for  altissi- 
mum  or  maximum,  Horat.  Od.  ii.  13.  29.  Orefaventy  they  are  silent ; 
Ovid.  Amor.  iii.  13.  29. 

2.  In  the  comitia  they  called  the  tribes  and  centuries  to  cive 
their  votes :  they  pronounced  the  vote  of  each  century:  they  called 
out  the  names  of  those  who  were  elected,  Cic.  Verr.  v.  15.  (See 
p.  86.)  When  laws  were  to  be  passed,  thev  recited  them  to  the 
people,  (p.  84.)  In  trials  they  summoned  the  judices^  the  persons 
accused,  their  accusers,  and  the  witnesses. 


PUBLIC  SERVANTS,  &c  153 

Sometimes  heralds  were  employed  to  summon  the  pec^e  to  an 
assembly,  lAv,  u  59.  iv.  32.  and  the  senate  to  the  senate-bouse,  iii. 
38.  (see  p.  15.)  also  the  soldiers,  when  encamped,  to  hear  their  ge- 
neral make  a  speech,  lAv.  i.  28. 

3.  In  sales  by  auction,  they  advertised  them  {auctimiem  concla^ 
mabant  vel  pradicabant,)  Plaut.  Men.  lin.  Cic.  Verr.  iii.  16.  Off.  iii. 
13.  Horat.  de  Art.  Poet.  419.  they  stood  by  the  spear,  and  called 
out  what  was  offered.     See  p.  54. 

4.  In  the  public  games,  they  invited  the  people  to  attend ;  they 
ordered  slaves  and  other  improper  persons  to  be  removed  from 
them ;  Cic.  de  resp,  Har.  12.  Liv.  ii.  37.  they  proclaimed  (pradica^ 
bAni)  the  victors  and  crowned  them ;  Cic.  Fam,  v.  12.  they  invited 
the  people  to  see  the  secular  eames  which  were  celebrated  only 
once  every  110  years,  by  a  solemn  form;  Convenitb  ao  ludos 

8PBCTAND08,  qUOS  NEC  SPECTAVIT  qUlSQUAM,  NBC  SPECTATURUS  EST, 

Suet.  Claud.  21.     Herodian.  iii,  8. 

5.  In  solemn  funerals,  at  which  ^mes  sometimes  used  to  be  ex- 
hibited, Cic.  de  Ugg.  ii.  24.  they  invited  people  to  attend  by  a  cer- 
tain form :  Exsequias  Chremeti,  quibus  est  commodum,  ue  jam 
TEMPus  EST,  OLLUS  BFFERTUR,  Ter.  Phorm.  ▼.  8.  38.  Hence  these 
funerals  were  called  FUNERA INDICTIYA.  Festus  in  Quirites, 
iSti€/.  Jul.  84.  The  praconis  also  used  to  give  public  notice  when 
siich  a  person  died ;  thus,  Ollus  quiris  leto  patus  est,  Festus.  ibid. 

6.  In  the  infliction  of  capital  punishment,  they  sometimes  uni- 
fied the  orders  of  the  magistrate  to  the  lictor ;  lAv.  xxvi.  15.    Lic- 

TOR,  TlRO/or/t  ADDE  VIRGAS,  ET  IN  EUM  LEGE  primum  AGE,  ibid.  16. 

7.  When  things  were  lost  or  stolen,  they  searched  for  them, 
Plaut.  Merc.  iii.  4.  v.  78.  Petron.  Arbit.  c.  57.  where  an  allusion  is 
supposed  to  be  made  to  the  custom  abolished  by  the  iEbutian  law. 

The  office  of  a  public  crier,  although  not  honourable,  was  profit- 
able, Juvenal,  vii.  o.  &c.  They  were  generally  free*bom,  and  divid- 
ed into  decuricB. 

Similar  to  the  pracones  were  those  who  collected  the  money  bid- 
den for  goods  at  an  auction  from  the  purchaser,  called  COACTO- 
RES,  Hor.  Sat.  i.  6.  86.  Cic.  pro  Cluent.  64  They  were  servants 
{ministri)  of  the  money-brokers,  who  attended  at  the  auctions : 
Hence  exactiones  argentarias  factitare,  to  exercise  the  trade  of  such 
a  collector,  Suet.  Vesp.  1.  They  seem  also  to  have  been  employed 
by  bankers  to  procure  payment  from  debtors  of  every  kind.  6ut 
the  collectors  of  the  public  revenues  were  likewise  called  COAC- 
TORES,  Cic.  pro  Rah.  Post.  11. 

III.  LICTORES.  The  lictors  were  instituted  by  Romulus,  who 
borrowed  them  from  the  Etruscans.  They  are  commonly  supposed 
to  have  their  name,  lAv.  i.  8.  (a  iigando),  from  their  binding  the 
hands  and  legs  of  criminals  before  they  were  scourged,  Gell.  xii.  3. 
They  carried  on  their  shoulders  rods  (virgas  ulmeas^  Plaut.  Asin.  ii. 
2  r.  74.  iii.  2.  v.  29.  Vifninei  fasces  virgarum^  Id.  Epid.  i.  I.  26. 
vel  ex  beiula,  Plin.  xvi.  18.  s.  30.)  bound  with  a  thong  in  the  form 

20 


154  ROMAN  ANTIQUITIES. 

tS,  a  bundley  {badllos  loro  colligatos  in  modum  fascis,)  and  an  axe 
jutting  out  in  the  middle  of  them.  They  went  before  all  the  great"- 
er  ma^strates,  except  the  censorSy  one  1^  one  in  a  line,  Liv,  xxiv. 
44.  He  yrho  went  foremost  was  called  PRIMUS  LICTOR,  Ctc. 
ad  Fatr.  i.  1.  7.  he  who  went  last,  or  next  to  the  magistrates,  was 
called  PROXIMUS  LICTOR,  Liv.  ibid.  Sallust.  Jug.  13.  or  Po9- 
irwius^  Cic^Divin.  i.  28.  i.  e.  the  chief  lictor,  summus  lictor,  who 
used  to  receive  and  execute  the  commands  of  the  magistrate. 

The  office  of  the  lictors  was, 

1.  To  remove  the  crowd  {ut  turbam  summovereni,)  Liv.  iiL  II. 
48.  viii.  33.    Hor.  Od.  ii.  16.  10.  by  sajring,  Cedite  Consul  ve- 

NIT  ;   DAIB  VIAM,  Vel  LOCUM  GON8ULI  ;    SI  VOBiS  VTDETUR,  DISCXDITC, 

QumiTES,  Iav.  ii.  56.  or  some  such  words,  (soUnnis  Hit  lictorvm  ef 
prtBnuncius  clamor^  Plin.  Pan.  61.)  whence  the  lictor  is  called  sum* 
motor  adil&s^  Liv.  xlv.  29.  This  sometimes  occasioned  a  good  deal 
of  noise  and  bustle,  Liv.  passim.  When  the  magistrate  returned 
home,  a  lictor  knocked  at  the  door  with  his  rod,  (Jorem^  uli  mos  est, 
virgA  percussit,\  Liv.  vi.  34.  which  he  also  did  when  the  magistrate 
went  to  any  other  house,  Plin.  vii.  30.  s.  31. 

5L  To  see  that  proper  respect  was  made  to  the  magistrates,  ( ANI- 
MADVERTERE,  ut  debitus  honos  its  redderetur^  Suet.  Jul.  80. 
What  this  respect  was,  Seneca  informs  us,  Epist.  64.  namely,  dis- 
mountins  from  horseback,  uncovering  the  head,  going  out  of  the 
vrWf  and  also  riding  up  to  them,  6cc.  Suet.  Jul.  78. 

3.  To  inflict  punishment  on  those  who  were  condemned,  which 
they  were  ordered  to  do  in  various  forms :  I,  Lictor,  colliga  ma- 
Nus ;  I,  Caput  obnubb  hujus  ;  Arbori  infelici  suspende  ;  Ybr- 

BERATO   VBL    INTRA   POMARIUM  Vel   extra   POHARIUM,  Liv.  i.   26.19 

Lictor,  deliga  ad  palum.  Id.  viii.  7.  Accede,  Ligtor,  virgas 
ET  SECURES  EXPEDi,  Id.  viii.  32.  In  bum  lege  age,  i.  e.  securi  per* 
cute,  vel/eri,  xxvi.  16. 

The  lictors  were  usually  taken  from  the  lowest  of  the  common 
people,  LtV.  ii.  55.  and  often  were  the  freedmen  of  him  on  whom 
the^  attended.  They  were  difierent  from  the  public  slaves,  who 
waited  on  the  magistrates,  Cic.  in  Verr.  i.  26. 

rV.  ACCENSL  These  seem  to  have  had  their  name  fixHn 
■ummonii^  (ab  acciendo)  the  peoole  to  an  assembly,  and  those  who 
had  lawsuits,  to  court,  (in  jus.)  One  of  them  attended  on  the  con- 
sul who  had  not  the  fasces,  Suet.  Jul.  20.  Liv.  iii.  33.  Before  the 
invention  of  clocks,  one  of  them  called  out  to  the  praetor  in  court, 
when  it  was  the  third  hour,  or  nine  o'clock,  before  noon ;  when  it 
was  mid-day,  and  the  ninth  hour,  or  three  o'clock  afternoon,  Farro 
de  IaU.  lAng.  v.  9.  Plin.  vii.  60.  They  were  commonly  the  freed- 
men of  the  magistrate  on  whom  they  attended  ;  at  least  in  ancient 
tinies,  dc.  ad  Fatr.  i.  I.  4.  The  Accensi  were  also  an  order  of  sol- 
diers, called  Supemumerarii,  because  not  included  in  the  legion*  F«- 
get.  ii.  19,  Ascon.  in  Cic.  Verr.  i.  28.  Liv.  viii.  8  &  10. 


LAWS  OF  THE  ROMANS.  I^ 

y.  VIAT0RE8.  These  were  properiy  the  officert  who  attend- 
ed on  the  tribunety  Idv.  ii.  56.  and  sdiies,  zn.  39.  Anciently  they 
used  to  summon  the  senatoni  from  the  country,  where  they  usually 
resided ;  whence  thev  had  their  name,  (quod  $ap$  in  ▼!&  C9$ent^)  Cic. 
de  Sen.  16.  Columelf.  Pr»f.  L 

YI.  CARNIFEX*  The  pubtic  executioner  or  hangman,  who 
executed  (supplicio  aficiebat)  slaves  and  persons  of  the  lowest  rank ; 
for  slaTea  and  freedmen  were  punished  m  a  mannw  different  from 
free-bora  citizens,  Tacit.  Annal.  iii.  50.  The  camiftx  was  of  ser^ 
▼ile  condition,  and  held  in  such  contempt,  that  he  was  not  permitted 
to  reside  within  the  city,  Cic,  pro  RMr.  5.  but  lived  without  the 
Porta  Metia^  or  EsquUina^  Plaut  Pseud,  i.  3.  v.  98.  near  the  place 
destined  for  the  punishment  of  slaves,  (fi'x/a  locum  servUibitt  pani» 
iepositwut  Tac  Annal.  xv.  60.  il  32.)  called  StsitriiMm^  P)u« 
tarch.  in  Gralb.  where  were  erected  crosses  and  gibbets,  {cructt  ei 
patibula^  Tac.  Annal.  xiv.  33.)  and  where  also  the  bodi^  of  slaves 
were  burnt,  Plaut.  Cas.  ii.  6.  r.  2.  or  thrown  out  unburied,  Por. 
£/iodLv.  99. 

Some  think  that  the  carnifex  was  anciently  keeper  of  the  prison 
under  the  Triumviri  capUales^  who  had  only  the  superintendence  or 
care  of  it :  hence  tradere  vel  trakere  ad  camt/Icem,  to  imprison ; 
Plaut.  Rud.  iiL  a  V.  19. 

LAWS  of  the  ROMANS. 

The  laws  of  any  country  are  rules  established  by  public  autho- 
rity, and  enforced  by  sanctions,  to  direct  the  conduct,  and  secure 
the  rights  of  its  inhabitants.  (LEX  jiuti  injusiique  regtda^  Senec. 
de  benef.  iv.  13.  Leges  quid  aliud  sunt^  quam  minis  mixta  pnzcepia  f 
Id.  Epist.  94.) 

The  laws  of  Rome  were  ordained  by  the  people,  upon  the  appU- 
cation  of  a  magistrate,  {rogantt  magistratu.)    See  p.  81. 83. 

The  great  foundation  of  Roman  law  or  jurisprudence,  (Romani 
jum,)  was  that  collection  of  laws  called  the  law,  Ldv.  xxxiv.  6.  or 
laws  of  the  Twelve  Tables,  compiled  by  the  dtcemviri^  and  ratified 
by  the  people,  (see  p.  137.)  a  work,  in  the  opinion  of  Cicero,  superior 
to  all  the  libraries  of  philosophers,  {omnibus  omnium  philosophorum 
bibliothecis  anteponendum^)  de  Orat.  i.  44.  Nothing  now  remains 
of  these  laws  but  scattered  fragments. 

The  unsettled  state  of  the  Roman  government,  the  extension  of 
the  empire,  the  increase  of  riches,  and  consequently  of  the  number 
of  crimes,  with  various  other  circumstances,  gave  occasion  to  a  great 
man^  new  laws,  {corrupHssimd  republica  plurima  leges^  Tacit.  An» 
Bid.  lii  27.) 

At  first  those  ordinances  only  obtained  the  name  of  laws,  which 
were  made  by  the  Comitia  Centuriata,  (POPULISCITA,)  ThciL 
AnnaL  iiL  58.  but  afterwaais,  those  also  which  were  made  by  the 


I 


A 


^ 


156  ROMAN  ANTIQUITIES. 

Omiiia  Tribuia,  (PLEBTSCITA,)  when  they  were  made  binding 
on  the  whole  Roman  people ;  first  by  the  Horatian  law,  (ti<  quod 
tributim  pUbts  jussisseif  popvlum  teneret,)  Liv.  iii.  55.  and  afterwards 
more  precisely  by  the  Publilian  and  Hortensian  laws,  (w/  pkbesdta 
OMNjS  QUIRITES  ienerent,)  Liv.  viii.  13.  Epit  xi.  Plin.  xvi.  10. 
B.  15.  Cell.  XV.  27. 

The  different  laws  are  distinguished  by  the  name  (nomen  gerdis) 
of  the  persons  who  proposed  them,  and  by  the  subject  to  which  they 

refer. 

Any  order  of  the  people  was  called  liEX,  whether  it  respected 
the  public,  (jus  publicum  vel  sacrum,)  the  right  of  private  persons, 

fttt  privatum  vel  civile^)  or  the  particular  interest  of  an  individual. 

ut  this  last  was  properly  called  PRI VILEGIUM ,  Gell.  x.  20.  A- 
am.  in  Cic,  pro  Mil. 

The  laws  proposed  by  a  consul  were  called  CONSULARES,  Cic. 
Stxt.  64.  by  a  tribune,  TRIBUNITIiE,  Cic.  in  Bull.  ii.  8.  by  the 
decemviri,  DECEMVIRALES,  Uv.  iii.  55.  56  &  57. 

JWeretU  S^nificaiions  of  JUS  and  LEX,  and  the  difermt  SPECIES 

of  the  ROMAN  LAW. 

Thb  words  Jus  and  Ltx  are  used  in  various  senses.  They  are 
both  expressed  by  the  English  word  LAW. 

Jus  properly  implies  what  i^jusi  and  right  in  itself,  or  what  from 
any  cause  is  binding  upon  us,  Cic  de  Offic.  iii.  21.  licx  is  a  writ- 
ten statute  or  ordinance :  (Lkx,  qua  scripto  sancit,  qudd  vult,  aut 
j^endof  aut  vttando,  Cic.  de  legg.  I.  6.  a  legendo,  qudd  legi  50- 
let^  ut  innotescat,  Varro.  de  I^t.  ling.  v.  7.  legere  Uges  propositas 
jussere,  Liv.  iii.  34.  vel  a  delectu,  Cic.  de  Legg,  i.  6.  a  justo  ei  jure 
tegendOf  i.  e.  eUgendo,  from  the  choice  of  what  is  just  and  right.  Id. 

ii.  5.     Lex,  juslorum  injustorumque  disiinctio,  ibid. GrtBco  no* 

mine  appellalay  Nojulo^,  a  suum  cmque  tribuendo,  Id.  i.  6.) 

Jus  18  properly  what  the  law  ordains,  or  the  obligation  which  it 
imposes ;  {est  enim  JUS  quod  LEX  constituit,  That  is  /an,  or,  That 
18  binding,  which  the  law  ordains,  Cic.  de  Legg,  i.  15.  ad  Hsrenn. 
]].  13.)  Or,  according  to  the  Twelve  Tables,  Quodcunqub  popu- 
Lus  JOSSiT,  ID  JUS  KSTO,  Liv,  vii.  17.  ix.  33.  quoD  major  pars  judi- 

CARIT,  ID  JUS  RATUHQUB  E8TO,   Cic.    ' 

Bui  jus  and  lex  have  a  different  meaning,  according  to  the  words 
with  which  they  are  joined ;  thus. 

Jus  KATURA  vel  If  ATORALE,  is  what  nature  or  right  reason  teach- 
es  f6  be  right;  and  jus  gentium,  what  all  nations  esteemed  to  be 
right :  both  commonly  reckoned  the  same,  Cic.  Sext.  43.  Harusp. 
resp.  14. 

Jus  civium  vel  civile,  is  what  the  inhabitants  of  a  particular 

countiT  esteem  to  be  right,  either  by  nature,  custom,  or  statute, 

Cic.  Topic.  5.  Off.  iii.  lo.  17.  de  Orat.  i.  48.     Hence,  constituere, 

juSf  quo  omnes  utantur,  pro  Dom.  cm  subjecii  sint,  pro  Csecin.     80 

jus  Romanum^  Anglicum,  &c.     When  no  word  is  added  to  restrict 


LAWS  OF  THE  ROMANS.  157 

It,  3VS  CIVILE  is  put  for  the  civil  law  of  the  Romcms.  Cicero  some- 
times opposes  jus  civile  to  jus  naturaU,  Sext.  42.  and  sometimes  to 
what  we  call  Criminal  law  (jus  publicum^)  Yerr.  i.  42.  CsBcin.  2.  in 
CaeciL  5. 

Jm  commune,  what  is  held  to  be  right  among  men  in  general,  or 
among  the  inhabitants  of  any  country,  Cic.  Cacin,  4.  DigesL  et  hn^ 
stitut. 

Jus  PUBLICUM  tt  PRIVATUM,  what  is  right  with  respect  to  the  peo* 
pie  {quasi  Jus  populicum^)  or  the  public  at  large,  and  i^ith  respect  to 
iodividuals ;  political  and  civil  law,  Liv,  iii.  34.  Cic.  Fam.  iv.  14. 
Plin.  Episi.  i.  22.  But  jus  publicum  is  also  put  for  the  ri^t  which 
the  citizens  in  common  enjoyed,  (jus  commune^)  Terent  Fhorm.  ii. 
2.65. 

Jus  Senatoriuh,  (pars  juris  pti6/tct,)  what  related  to  the  rights 
and  customs  of  the  senate ;  what  was  the  power  of  those,  who  nught 
make  a  motion  in  the  senate ;  {qua  poUslas  rtftrenlibus^)  (see  p. 
18.)  what  the  privilege  of  those  who  delivered  their  opinion,  {quid 
consenlibus  jus ;)  what  the  power  of  the  magistrates,  and  the  rights 
of  the  rest  of  the  members,  dsc.  Plin.JEp.  viiu  14. 

Jtis  DiviNUM  et  BUMANUM,  what  is  right  with  respect  to  things  di- 
vine  and  human,  Liv.  i.  18.  xxxix.  1^  TaciL  AnnaL  iii.  26.  70.  vL 
26.  Hence  fas  et  jura  sinunt^  laws  divine  and  human,  Virg.  O.  L 
269.  Contra  jus  fasque^  Sail.  Cat.  15.  Jus  fasque  exuere^  Tacit* 
Hist  iii.  5.  Omnejus  et  fas  delere^  Cic.  Quo  jure^  quave  injuria^ 
right  or  wrong,  Terent.  And.  i.  3.  9.  Per  fas  et  nefas^  liv.  vi.  14. 
Jus  et  injuries^  SalL  Jug.  16.   Jure  feri,  jure  ciesus^  Suet.  Jul.  76. 

Jus  Pr£torium,  what  the  edicts  of  the  praetor  ordained  to  be 
right,  Cic.  de  Offic.  i.  10.  Ver.  i.  44. 
Jus  HONORARIUM.     See  p.  108. 

Jus  Flavianum,  ^LiANUM,  &c.  the  books  of  law  composed  by 
Flavius,  Liv.  ix.  46.  j£lius,  &c.  Urcanum,  i.  e.  civile  privatum^  ex 
quo  jus  dicit  prcstor  urbanusj  Cic.  Yer.  Act.  i.  1. 

Jus  Prjkdiatorium.  The  law  observed  with  respect  to  the  goods 
{Pradia  vel  prcedia  bona^  Ascon.  in  Cic.)  of  those  who  were  sureties 
iprmdes)  for  the  farmers  of  the  public  revenues,  br  undertakers  of 
the  public  works,  {mandpes^)  which  vsere  ptedged  to  the  public^ 
(publico  obligata  vel  jngngri  opposita^)  and^sold  if  the  farmer  or  un- 
dertaker did  not  perform  his  bargain,  Cic.^pro  fialb.  20.  Verr.  i.  54 
Pam.  V.  20.  Suet.  Claud.  9^.  Hence  Prjediator,  a  person  who  laid 
out  his  money  in  purchasing  these  goods,  Cic*  Att.  ^[ii.  14.  17.  and 
who,  of  course,  waffwell  acquainted  wi^  what  was  right  or  wrong 
in  such  matters,  {jyaris  prcB^iatorii  peritus,)  Id.  Balb.  20. 

Jus  FsciALB,the  law  of  arms  are  heraldrjr,  Cic.  Offic.  L  11.  or  the 
form  of  proclaiming  war,  Ijv;^  i.  32. 

Jus  Legitimum,  the  common  or  ordinary  law,  the  s^me  with  jus 
ctvi/e,  Cic.  prrj  Don^  13.  14.  hut  Jus  legitium  exigere^  to  demand 
one's  legal  right,  or  what  is  legally  due,  Fam.  viii.  6. 

Jus  CoNSUETUDiNis,  what  long  use  hath  established,  opposed  to 
LEGE  Ju9  or  jus  scriptum^  statute  or  written  law,  Cic.  de  Invent,  ii. 


158  ROMAN  ANTIQUITIES. 

S3«  54.  Jus  cfvt/e^  constat  aut  e»  scripto  aut  sim  tcripto^  L  &  D* 
de  jussit.  et  jur. 

Jus  PoNTiricuM  Tel  SACRUM,  what  is  right  with  regard  to  relimoa 
and  sacred  things,  much  the  same  with  what  was  afterwards  called 
Ecclenaaiical  iMm^  Cic.  pro  Dom.  12.  13.  14.  de  legibos,  iL  18.  dec 
liv.  i.  20.     So  Jus  religiomSf  augurum  ccBrtmoniarumf  auspidarumf 

&C. 

Jus  Bbllicum  vel  Bblli,  what  may  be  justly  done  to  a  state  at 
war  with  us,  and  to  the  conquered  :  Cas.  de  BclL  6.  i.  27.  Cic*  Off. 
i.  11.  iiL  29.  Liv.  i.  1.  v.  27.  Hence  Ltgts  silent  inter  arma,  Cic  in 
Mil.  4.  Ferrejus  m  annis.  Liv.  v.  3.  Facerejus  ense^  Lucan.  iii.  821. 
viii.  642.  ix.  1073.  Ju^que  datum  sceleri^  a  successful  usurpation,  by 
which  impunity  and  a  sanction  were  crimes,  Id.  i.  2. 

Juris,  disciplina^  the  knowledge  of  law,  Cic.  Legg.  i.  5.  inttllir 
gentia,  Phil.  ix.  5.  interpretation  Off.  i.  11.  Studiosi  jurts^  L  e.  ^'w- 
risprtidenticB^  Suet.  Ner.  32.  C^U.  xii.  13,  Consulti  perili^  d^  Law* 
yers,  Cic. 

3\3Km  et  legibuSf  by  common  and  statute  law,  Cic.  Verr.  u  42.  44. 
So  Horace,  Vir  bonis  est  quia  ?  Qui  consiJta  patrum^  qui  leges,  jo- 
rsque  servatf  ^c.  Epist.  i.  xvi.  40.  Jura  dabat  legesque  viris^  Yii^. 
^n.  i.  500. 

.  But  Jura  is  often  put  for  laws  in  general ;  thus,  Jiova  jura  am- 
dere^  Liv.  iii.  33.  Jure  inventa  metu  injusti  fateare  necesse  esty  Ho- 
rat.  Sat.  I.  iii.  IIL  Arc.  P.  122.  398.  civica  jura  respondere^  Ep.  L 

a  23. 

Jus  and  JS^uitas  are  distinguished,  Cic.  Off.  iii.  16.  Firg.  u, 
436.  jus  and  justitia  ;  jus  civile  and  leges^  Phil.  it.  5.  So  Mquum 
tt  bonunif  is  opposed  to  callidum  versutumque  jus,^n  artful  interpre- 
ter of  a  written  law,  Cacin.  23.  Summumjusy  the  rigour  of  the  mw, 
aumma  injuria^  Off.  i.  11.  Summo  jure  agere^  contendere^  experiri^ 
&c  to  trv  the  utmost  stretch  of  law. 

Jus  vel  Jura  Quiritiumy  cimuniy  &c.     See  p.  42.  &c. 

Jura  sanguinis^  cognationis;  6cc.  necessituaOf  v.  jus  necessiiudiniSf 
relationship.  Suet.  Calig.  26. 

Jus  regniy  a  right  to  the  crown,  Liv.  i.  49.  Honorum^  to  prefer- 
ments, Tacit,  xiv.  5.  Quibt4^  per  fra^idem  jus  frnt^  power  or  autho- 
rity, Sallust.  Jug.  3.  Jus  hxuria  publiccs  datum  est,  a  license,  Se* 
»ec.  Epist.  18.  Q^ibus  *falUre  ac  furari  jus  erat^  Suet.  Nor.  16. 
Jn  jus  et  dilionem  vel  poWhiatem  alicujus  venire^  ctmcedertf  Liv.  &c 
Sail.  Habere  jus  in  aliquem  ;  sui  juris  esse  ac  mancipHf  i.  e.  sui  «r- 
bitrii  et  nemini  parere,  to  be  one^s  own  master,  Cic.  In  controversy 
jure  esty  it  is  a  point  of  law  not  fixed  or  determined,  Liv.  iii.  55. 

Jus  dicere  vel  reddere^  to  administer  justice.  Dare  jus  gratxaSy  to 
sacrifice  justice  to  interest,  Liv. 

Jus  is  also  put  for  the  place  where  justice  is  administered ;  thus, 
I«  JUS  EAMus,  i.  e.  ad  pratoris  sellanty  Donat.  in  Ter.  Phorm.  v.  7. 
43  &  88.  Injure,  i.  e.  apitd  pratoremy  Plant.  Rud.  iii.  6.  28.  Mea 
iv.  2. 19.     De  jure  currercy  from  court,  Cic.  Quint.  25. 

LEX  is  often  taken  in  the  same  general  sense  with  Jus :  thus. 


LAWS  OF  THE  ROMANS.  IM 

Ltx  est  recta  ratio  mperanH  mkpu  prokihendi^  a  ntimine  eJeorum 
tracta ;  justorum  v/gustorumque  distinctio ;  atemutn  qmddam^  quod 
tmiversfim  mundwn  regit ; — Cansensio  omnium  gentium  lex  nahira 
putanda  est ;  non  scripta,  sed  nata  lex  :-^Salus  p<ipuli  suprsma  lex 
esio ;  fimdamentwn  lihertatis^  fons  eqmtatis^  &c.  Cic  de  Legg.*— 
pro  Cluent.  53. 

Leges  is  pat,  not  only  for  the  ordinances  of  the  RomflB  pec^k^ 
but  for  any  established  regulations :  thus,  of  the  free  towns^  Lkoes 
MUNiciPALES,  Cic.  Fom,  vi.  18.  of  the  allied  towns,  f^err.  ii.  4B.50. 
of  the  provinces,  ibid.  13. 

When  Lbx  is  put  absolutely,  the  law  of  the  Twelve  Tables  is 
meant ;  as,  Lege  ncBredilas  ad  gentem  Minuciam  veniebatf  Cio.  Yerr. 
i.  45.    Ea  ad  nos  redibat  lege  kareditasy  Ter.  Hecyr.  i.  2.  97. 

Leges  Cbnsorie:,  forms  of  leases  or  regulations  made  by  the 
censors,  Cic,  Verr.  L  55.  iii.  7.  Prov.  Cons.  5i  Rabir.  Perd.  3.  ad 
Q.  Fr.  i.  12.  Lex  mancipii  vel  mcmdpiumi  the  form  and  condition 
of  conveying  property,  de  Orat.  i.  38.  Cic.  Oj^.  iii.  16. 

Leges  venditionis^  vel  venalium  vendendoium,  agrum  vel  damum 
possidendi^  Slc  Rules  or  conditions,  Cic.  de  (Mit,  i  58.  Horat. 
Epist.  ii.  2.  V.  18.  Hence  Emere,  vendere  hac  vel  ilia  lege^  i.  e.  sub 
Mc  conditione  vel  pacto^  Suet.  Aug.  21.  Ea  lege  (i.  e.  ex  pacto  et 
conventu)  exierat,  Cic  Att  vL  3.  Hac  lege  atqu^  omine,  Ter.  And. 
i.  2.  29.  Heaut.  v.  5.  lO.  Lex  vitce^  yua  nati  sumus^  !Cic.  Tusc.  19. 
mea  lege  Ktor,  I  will  observe  my  rule,  Ter.  Pkorm.  iiL  2.  uit. 

Leges  historian  poematum^  verstaan^  &c.  Rules  observed  in  writ- 
ing, Cic.  de  Legg.  i.  1.  de  Orat.  iii.  49.  Thus  we  say,  the  lams  of 
history,  of  poetry,  versifying,  A;c.  and  in  a  similar  sense,  the  laws  of 
motion,  magnetism,  meohaniee,  &c. 
(^^  In  the  Corpus  Juris,  Lex  is  put  for  the  Cliristian  religion  ;  thus. 
Lex  Christiana^  Catholica^  veni^biiis,  sanc.tissima^  &c.  But  we  in 
a  similar  sense  use  the  word  lam  for  the  Jewish  religion ;  as  the 
Law  and  the  Gospel ;  or  for  the  Books  of  Bfoses  ;  as,  the  Law  and 
the  Prophets. 

Jos  RoMANUM,  or  Roman  fSw,  wa^either  written  or  unwritten 
law,  (Jus  scaiPTUM  aut  non  scriptum!)  The' several  species  which 
cohstituled  the  jus  scriptirmy  were,  hiws,  properly  so  called,  the  de- 
crees of  the  senate,  the  edicts  or  decisions  of  magistrates,  and  the 
opinions  or  writings  of  lawyers.  Unwritten  law;  (jus^non  scriptufn^) 
comprehended  natural  equity  and  custom.  Anciently  Jii5  scriptum 
only  comprehended  laws  properly  so  called,  Digest,  de  orig.  jur. 
All  these  af  e  frequently  enumerated,  or  alluded  to  by  Cicero,  who 
calls  them  F^ntbs  jeqoitatis.  Topic.  5.  ire.  ad  Herenn.  ii.  13.   - 

LAWS  of  the  DECEMVIRI,  or,  The  XII  TABLES. 

Various  authors  have  endeavoured  to  collect  and  arrange  the 
fragments  of  the  Twelve  Tables.  Of  these,  the  most  eminent  is 
Godfrey,  {Jacobus  Gothofndus.) 

The  I.  table  is  supposed  to  have  treated  of  lawsuits  ;  the  IL  of 


160  ROMAN  ANTIQUITIES. 

thefts  and  robberies  ;  III.  of  loans,  and  the  right  of  creditors  over 
their  debtors ;  IV.  of  the  right  of  fathers  of  families  ;  V.  of  inherit- 
ance and  guardianship  ;  VI.  of  property  and  possession  ;  VII.  of 
trespasses  and'damages ;  VIII.  of  estates  in  the  country ;  IX.  of  die 
common  rights  of  the  people  :  X.  of  funerals,  and  all  ceremonies 
relating  to  the  dead  ;  XI.  of  the  worship  of  the  gods,  and  of  reli- 
gion ;  aII.  of  marriages,  and  the  rights  of  husbands. 

Several  ancient  lawyers  are  said  to  have  commented  on  these 
laws,  Cic.  de  Ugg.  ii.  23.  Plin.  xiv.  13.  but  their  works  are  lost 

The  fragments  of  the  Twelve  Tables  have  been  collected  frons 
various  authors,  many  of  them  from  Cicero.  The  laws  are  in  gene- 
ral very  briefly  expressed ;  thus, 

Si  in  jus  vocet,  at^ub  (i.  e.  statim)  bat. 

Si  MBMBRUif  RUPSiT  {ruperit,)  mi  cum  bo  pacit  ipciciscaiurf)  tauo 

ESTO. 

Sf  FALSUM  TESTIMONIUM  DICAS8IT  (dixerit)  SAXO  DEJICITOR. 

PaiviLEGiA  NE  iRROQANTo  ;  8C.  magistratus. 
Db   capitb  {de  viia-,  libertaU^   et  jure)  civis  Romani,  nisi  per 
MAXIMUM  CENTURIATUM  (per  comttia  cenluriaia)  ne  fbrunto. 

QuOD  POSTREMUM  POPULUS  JUSSIT,  ID  JUS  RATUM  BSTO. 
HOMINEM  MORTUUM  IN  URBB  NB  SEPELITO,  NEVE  URITO. 
Ad  DlVOS  AD^NTO  CASTE  :    PIETATEM  ADHIBBNTO,  OPES  AMOVEV- 

To.    Qui  sbcus  faxit,  Deus  ipse  vindex  erit. 

Fbrus  jurgia  amovbnto.    Ex  patriis  ritibus  optima  columdd. 
pfirjurli  poena  divina,  exitium  ;  humana,  dedecus. 

ImPIUS  ne  AUdETO  PLACARE  DONIS  IRAM  DeORUM. 

NeQUIS  AOaUM  CONStCRATO,  AURl,  AR«ENTI,  EBORIS  SACRANDI  MO-* 
DU8  ESTO. 

The  most  important  particulars,  in  the  fragments  of  the  Twelve 
Tables,  come  naturally  to  be  mentioned,  and  explained  elsewhere 
in  various  places. 

After  the  publication  of  the  Ttvelve  Tables,  every  one  understood 
what  was  his  rights  but  did  notknow.the  way  to  obtain  it.  For  this 
they  depended  on  the  asj^isfcance  of  their  patrons. 

From  the  Twelve  Tables^vere  composed  certain  rites  and  forms, 
which  were  necessary  to  be  observed  in*prosecuting  lawsuits,  (quir 
bus  inter  se  homines  diiteptarent,)  called  ACTIONES  LEGIS. 
The  forms  used  in  making  bargains,  in  transferring  property,  &c. 
were  called  ACTUS  LEGITIMI.  There  were  also  certain  days 
on  which  a  lawsuit  could  be  instituted,  (quando  lege  agi  posset,)  or 
justice  could  be  lawfully  adminfttered,  {dies  FASTI,)  apd  others  on 
which  that  could  not  be  done,  (NEFASTI ;)  and  some  on  which  it 
could  be  done  for  one  part  of  the  day,  and  not  for  another,  (INTER- 
CISI.)  The  knowledge  of  all  these  things  was  confined  to  the  pa- 
tricians, and  chiefly  to  the  Pontijices^  for  many  years ;  till  one  Cn. 
Flavius,  the  son  of  a  freed  man,  the  scribe  or  clerk  of  Appius  Clau- 
dius Caacus,  a  lawyer,- who  had  arranged  in  writing  these  aetionts 
and  days,  stole  or  copied  the  book  which  Appius  had  composed,  and 
published  it,  A.  U.  440.  {faslos  pxMicaviU  ci  actiones  primum  cdidiL) 


LAWS  OF  THE  ROMANS.  161 

In  return  for  which  favour  he  was  made  curule  sedile  by  the  people, 
and  afterwards  praetor.  From  him  the  book  was  called  JUS  CIi^« 
LE  FLAVIANUM,  Lio.  ix.  46.  Cic.  de  Oral.  i.  41.  Murom.  II.  Ait. 
i.  1.  L  2.  §  7.  D.  de  orig,  juris ^  Gtll.  vi.  9.  VaUr.  Max.  ii.  5.  %  Plin* 
xxxiii.  I.  s.  6. 

The  patricians,  vexed  at  this,  contrived  new  forms  of  proceas ;  and 
to  prevent  their  being  made  pub)ic,  expressed  them  in  writing  by 
certain  secret  marks,  (NOTIS,  C/r.  pro  Mur.  11.  somewhat  like 
what  are  now  used  in  writing  short-hand,)  or,  as  othenr  think,  by 
putting  one  letter  for  another,  (as  Augustus  did,  Suei.  Aug.  88.)  or 
one  letter  for  a  whole  word,  (per  SIGLAS,  as  it  is  called  by  later 
writers.)  However,  these  forms  also  were  published  by  Sextus 
iElius  Catus,  (who  for  his  knowledge  in  the  civil  law,  is  called  by 
Ennius  egregie  cordatus  komo^  a  remarkably  wise  man,  Cic.  de  OraL 
i.  45.)     His  book  was  named  JUS  i£LIANUM. 

The  only  thing  now  left  to  the  patricians  was  the  interpretation 
of  the  law ;  which  was  long  peculiar  to  that  order,  and  the  means 
of  raising  several  of  them  to  the  highest  honours  of  the  state. 

The  origin  of  lawyers  at  Rome  was  derived  from  the  institutbn 
of  patronage.  (See  p.  34.)  It  was  one  of  the  offices  of  a  patron 
to  explaiif  me  law  to  his  clients,  and  manage  their  lawsuits. 

TITUS  CORUNCANIUS,  who  was  the  first  plebeian  Pontifex 
Maximus,  A.  U.  500,  Liv.  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  Scsevola,  C.  Aquilius,  Callus,  Trebs^ius, 
Sulptcias,  &c. 

Those  who  professed  to  give  advice  to  all  promiscuously,  used  to 
walk  across  the  forum,  (iransveno  foro^)  and  were  applied  to  {ad 
eon  adibaiur)  there  or  at  their  own  houses.  Cic.  Oral.  iii.  33.  Such 
as  were  celebrated  for  their  knowledge  in  law,  often  had  their  doors 
beset  with  clients  before  day-break,  rtor.  Sat.  i.  1.  v.  9.  Epist.  ii.  1. 
103,  for  their  gate  was  open  to  all,  (cunctis  janua  paiebai^  Tibull.  i. 
4.  ra.)  and  the  house  of  an  eminent  lawyer  was  as  it  were  the  ora« 
cle  of  the  whole  city,  Cic.  de  Oral.  i.  45.  Hence  Cicero  calls  their 
power  Reonum  judicialk,  Alt.  i.  1. 

The  lawyer  gave  his  answer  from  an  elevated  seat,  ^ex  «o/to,  ton- 
quani  ex  tripoSe,)  Cic.  de  Legg.  i.  3.  Orat  ii.  33.  iii.  33.  l%e 
client  coming  up  to  him  said,  IjIcit  consulere  7  Cic.  pro  Mur.  13. 
The  lawyer  answered,  Consule.  Then  the  matter  was  proposed^ 
and  an  answer  was  returned  very  shortly  ;  thus,  Quaro  an  kxisti- 
VEs  ?  vel.  Id  jus  est  nbcne  ? — Secundum  ba,  qua  propomuhtur, 
ExisTiHO,  PLACET,  PUTo,  Horoi.  Sat.  ii.  3.  192.  Lawyers  gave  their 
opinions  either  viv&  voce,  or  in  writing :  commonly  without  any  rea- 
son 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.  138.  and  after  deliberat- 
ing together,  (which  was  called  DIS|PUTATIO  FORI,)  they  nro- 
nounced  a  joint  opinion.    Hence  what  was  determined  by  the  law- 


162  ROMAN  ANTIQUITIES. 

yen,  and  adopted  by  custom^  was  called  Rscepta  sbntkittia,  Rs- 

CBPTUM  JU89  KECErrUS  MOS,  POST  MULTA8   VARIATIONES    RBCBPTUM  : 

and  the  rules  observed  in  legal  transactions  by  their  consent,  were 
called  Reoul/b  juris.  ' 

When  the  laws  or  edicts  of  the  prsetor  seemed  defective,  the  law- 
yers supplied  what  was  wanting  in  b«th  from  natural  equity ;  and 
their  opmions  in  process  of  time  obtained  the  authority  of  laws. 
Hence  lawyers  were  called  not  only  interpreies^  but  also  CONDI- 
TORES  et  AUCTORE8  JURIS,  Digest,  and  their  opinions,  JUS 
CIVILE,  Ctc.  pro  Cacin,  24.  de  offic.  iiL  16.  opposed  to  legts  Cae- 
cin.  26. 

Cicero  complains  that  many  excellent  institutions  had  been  per- 
verted by  the  refinements  of  lawvers,  9ro  Mlur.  12. 

Under  the  republic,  any  one  that  pleased  might  profess  to  give 
advice  about  matters  of  law ;  but  at  first  this  was  only  done  by  per- 
sons of  the  highest  rank,  and  such  as  were  distinguished  by  their  su- 
perior knowledge  and  wisdom.  By  the  Cincian  law,  lawyers  were 
prohibited  from  taking  fees  or  presents  from  those  who  consulted 
them;  hence,  turpt  reos  bmpt^  miseros  defendere  lin^ui^  Ovid. 
Amor.  1.  10.  39.  which  rendered  the  profession  of  junsprudence 
highly  respectable,  as  being  undertaken  by  men  of  rank%nd  leam- 
inff,  not  from  the  love  of  sain,  but  from  a  desire  of  assisting  dieir 
feUow-citizens,  and  through  their  favour  of  rising  to  preferments. 
Au^stus  enforced  this  law,  by  ordaining  that  those  who  transgress- 
ed It,  should  restore  fourfold,  Dio.  liv.  18. 

Under  the  emperors  lawyers  were  permitted  to  take  fees  (HO- 
NORARIUM certain  justamque  mercedemt  Suet.  Ner.  17.)  from  their 
clients ;  but  not  above  a  certain  sum,  {capUndis  pecuniis  ponut  mo* 
dum  (sc.  Claudius)  usque  ad  dena  sestertia^  Tac  Annal.  zL  7.)  and 
after  the  business  was  done,  (Peratis  negotis  permittebat  pecvnia$ 
duntaxat  decern  millium  dare^  Plin.  Epist.  v.  21.)  Thus  the  ancient 
connexion  between  patrons  and  clients  fell  into  disuse,  and  every 
thing  was  done  for  hire.  Persons  of  the  lowest  rank  sometimes  as- 
sumed the  profession  of  lawyers,  Juvenal,  viii.  47.  pleadings  became 
venal,  (ventre  advocatumes^)  advocates  made  a  shameful  trade  of 
their  function  by  fomenting  Idwsuits,  (m  lites  coire ;)  and,  instead  of 
honour,  which  was  formeny  their  only  reward,  lived  upon  the  spoils 
of  their  fellow-citizens,  from  whom  they  received  large  and  annual 
salaries,  Ptin.  Ep.  v.  14  Various  edicts  (edicta,  libri,  vel  libeliii 
were  published  by  the  emperors  to  check  this  corruption,  ibid,  also 
decrees  of  the  senate.  Id.  v.  21.  but  these  were  artfully  eluded. 

Lawyers  were  consulted,  not  only  by  private  persons,  but  also 
{in  consilium  adhihehantur^  vel  assximebantur)  by  magistrates  and 
4wd»Bs ;  Ctc.  Top.  17.  Muran.  13.  Cacin.  24.  QtlL  xiii.  13.  Plin.  Ep. 
IV.  22.  vi.  11.  and  a  certain  number  of  them  attended  every  pi^ocon* 
Bul  and  propraetor  to  his  province. 

Augustus  granted  the  liberty  of  answering  questions  of  law,  only 
to  particular  persons,  and  restricted  the  judges  not  to  deviate  from 
their  opmion,  /.  2.  §  ult.  D.  de  orig.  jur.  that  thus  he  might  bend  the 


LAWS  OF  THE  ROMANS.  168 


Iaw8»  and  make  them  sobservieDt  to  despotkm.  His  sucoenon^ 
(except  Cdigula,  SueL  34)  imitated  this  example ;  till  Adrian  re- 
stored to  lawyers  their  former  liberty*  Dig.  ibid,  which  they  arcf  sop* 
posed  to  have  retained  to  the  time  of  Severus.  What  alterations 
after  that  took  place,  is  not  sufficiently  ascertained. 

Of  the  lawyers  who  flourished  under  the  emperors,  the  most  re* 
markable  were  M.  ANTI8TIUS  LABEO,  (incorrupia  libiHatis  vir. 
Tacit.  Annal.  iu.  75.  Gell.  xin.  12.)  and  C.  ATEIUS  CAPITO 
{cufui  obiequium  dominanHbus  magii  probabatur^  Tacit,  ibid.)  under 
Augustus ;  and  these  two,  from  their  different  characters  md  opi- 
nions, save  rise  to  various  sects  of  lawyers  after  them :  CASS11JS» 
under  Ulaudius,  (CassiatuB  scholct  princeps^)  Plin.  Ep.  vii.  S4.  SAL* 
YIUS  JULIANUS,  under  Hadrian ;  POMPONIUS,  under  Julian ; 
CAIUS,  under  the  Antonines ;  PAPINIANUS,  under  Severus ; 
ULPIANUS  and  PAULUS,  under  Alexander  Seyenis;  HERMO- 
GENES,  under  Constantine,  &c 

Under  the  republic,  young  men  who  intended  to  devote  them- 
selves  to  (he  study  of  jurisprudence,  after  finishing  the  usual  studies 
of  grammar,  Grecian  literature,  and  philosophy,  (Ctc.  m  Brut.  80. 
Off.  L  1.  Siut.  de  clar.  Rhet.  1  4^  2.  siudia  libbraua  v.  bumanita- 
Tis,  Plutarch,  in  Luctdl.  princ.)  usuallv  attached  themselves  to  some 
eminent  lawyer,  as  Cicero  did  to  Q.  Mucins  Sccevola,  Ctc.  de  Amic. 
1.  whom  they  always  attended,  that  they  might  derive  knowledge; 
from  his  experience  and  conversation.  For  these  illustrious  men 
did  not  open  schools  for  teaching  law,  as  the  lawyers  afterwards  did 
under  the  emperors,  whose  scholars  were  called  AUDITORESy 
Stfuc.  Contr.  25. 

The  writings  of  several  of  these  lawyers  came  to  be  as  much  re- 
spected in  courts  of  justice  (ura  fori)  as  the  laws  themselves,  /•  3. 
§38.  D.  dt  orig.  juris.  But  this  happened  only  by  tacit  consent. 
Those  laws  onW  had  a  binding  force,  which  were  solemnly  enacted 
by  the  whole  Koman  people  assembled  in  the  Comitia.  Of  these, 
the  following  are  the  chief. 

LAWS  of  the  ROMANS  made  at  different  times. 

'  LEX  ACILIA,  1.  About  transporting  colonies,  {de  coloniis  de* 
ducendisf)  by  the  tribune  C.  Acilius,  A.  U.  556,  Liv.  xxxiiL  29. 

2.  About  extortion,  (de  repciundis^)  by  Manius  Acilius  Glabrio,  a 
tribune,  (some  say  consul,)  A.  U.  683,  That,  in  trials  for  this  crime, 
sentence  should  be  passed  after  the  cause  was  once  pleaded,  (aemel 
dictd  caus&f)  and  that  there  should  not  be  a  second  hearing,  (ne  reus 
coriwerendinareturf)  Cic  prcBm.  in  Verr.  17.  i.  9.  Ascon.  in  Cic. 

itcx  JEBUTIA,  by  the  tribune  iEbutius,  prohibiting  the  proposer 
of  ^  law  concerning  any  chaige  or  power,  from  conferring  that  charge 
or  power  on  himself,  his  colleagues,  or  relations,  Cic.  in  RulL  \\.  8. 

Another  concerning  the  Judices,  called  Centumviri^  which  is  said 
to  have  diminished  the  obligation  of  the  Twelve  Tables,  and  to  have 
abolished  various  customs  which  they  ordained,  Getl.  xv'u  10.  ix^ 


164  ROMAN  ANTIQUITIES. 

18.  especially  that  curioas  custom  borrowed  from  the 
(Aristoph.  in  nub.  v.  498.  PldlOy  dt  legg.  xii.)  of  searching  for  stolen 
goods  without  any  clothes  on  but  a  girdle  round  the  waist,  and  a 
mask  on  the  face,  (FURTORUM  QUiESTIO  CUM  LANCB 
ET  LICIO,)  Geli.  ibid.  Festus.  in  Lance.  When  the  goods  were 
found,  it  was  called  FURTUM  CONCEPTUM,  Inst.  ii.  10.  3 
JJex  £L1A  et  FUSIA  de  camiliis^ — two  separate  laws,  althou^ 

sometimes  joined  by  Cicero. ^The  first  by  Q.  £lius  Peettts,  oon* 

sul,  A.  U.  58&  ordained,  that  when  the  comiiia  were  held  for  pass- 
ing laws,  the  magistrates,  or  the  augurs  by  their  authority,  might 
take  observations  from  the  heavens,  {de  cato  strvartnt:)  and,  if  the 
omens  were  unfavourable,  the  magistrate  might  prevent  or  dissolve 
the  assembly,  {comiiiis  obnunciartt,)  and  that  magistrates  of  e<|u&l 
authority  with  the  person  who  held  the  assembly,  or  a  tribune,  might 
give  their  negative  to  any  law,  (Ugi  iriUrcederent^)  Cic.  pro  Sext. 
15.  53.  post.  red.  in  Sen.  5.  de  prov.  Cons.  19.  in  Vatin.  9.  Pis.  4. 

Att.  ii.  9. ^The  second,  Lex  FUSIA,  or  Furu,  by  P.  Furios, 

consul,  A.  U.  617.  or  by  one  Fusius  or  Fufius,  a  tribune.  That  it 
should  not  be  lawful  to  enact  laws  on  all  the  dies  fasii^  Cic.  ibid« 
See  p.  83. 

Lex  MLIK  8ENTIA,  by  the  consuls  M\\u%  and  Seritius,  A.  U. 
756,  about  the  manumission  of  slaves,  and  the  condition  of  those 
who  were  made  free,  Sutt.  Aug.  45.  See  p.  43. 
Lex  EMILIA,  about  the  censors.  See  p.  113. 
Lex  EMILIA,  Suniptuaria  vel  Cibaria^  by  M.  ^milius  Lepidus, 
consul,  A.  U.  675,  limiting  the  kind  and  quantity  of  meats  to  lie 
used  at"  an  entertainment,  Macrob.  Sat.  ii.  13.  Gell.  ii.  34.  PKnv 
ascribes  this  law  to  Marcus  Scaurus,  viii.  57.  So  Aurel.  Vici.  de 
vtf.  illustr.  73. 

Leges  AGRARI^  ;  Ccusia^  Licinia^  Flaminia^  Sempronia,  7%o- 
ria^  ComeliOj  Serviiia^  Fiavia^  Julia,  Mamilia.      v 

Leges  de  AMBITU ;  Fabia,  Calpumia^  Tullia,  Aufi^a^  Lucinia, 
Pompeia. 
Leges  ANNAI^ES  vel  Annarim.    See  p.  96. 
Lex  ANTIA  Sumptuaria^  by  Antius  Restio,  the  year  uncertain ; 
^  limiting  the  expense  of  entertainments,  and  ordering  that  no  actual 
magistrate,  or  magistrate  elect,  should  go  any  where  to  sup,  bat 
with  particular  persons,  Gell.  ii.  34.    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  Csesar, 
about  abolishing  the  office  of  dictator,  confirming  the  acts  of  Csesar, 
(Acta  C^saris,)  planting  colonies,  giving  away  kingdoms  and  pro- 
vinces, granting  leagues  and  immunities,  admitting  officers  in  the 
army  among  jurymen ;  allowing  those  condemned  for  violence  and 
crimes  against  the  state  to  appeal  to  the  people,  which  Cicero  calls 
the  desti-uction  of  all  laws.  &c.  Cic.  Phil.  i.  1.  9.  iii.  3.  36.  37.  3a 
▼.  34.  xiii.  3.  5.  Att.  xiv.  13.  Dio.  Cass.  xlv.  3&    Appian.  de  BeU. 


LAWS  OF  THE  ROMANS.  165 

Cio.  iiL  transferring  the  right  of  choosing  priests  from  the  pe<^le  to 
the  difierent  colleges,  Dio.  xliv.  Jin.  6lc. 

Leges  APPULEIiE,  proposed  by  L.  Aj^uleias  Satuminus,  A.  U. 
653,  tribune  of  the  commons;  about  dividmg  the  public  lands  among 
the  veteran  soldiers,  Mrel.  Vict,  de  vir.  illuatr.  7d.  settling  colonies, 
Cicpro  Balb,  21.  punishing  crimes  against  the  state  {de  majeetaief) 
Cic.  de  Orat.  ii.  ^25.  49.  furnishing  corn  to  the  poor  at  ||  of  an  as$ 
a  bushel,  (setnisse  ei  trienU^  i.  e.  dexianie  vel  deufice :  oee  Legte 
&mpront«,)  Cic.  ad  Herenu.  i.  12.  de  Legg.  ii.  6. 
.  Satuminus  also  got  a  law  passed  that  all  the  senators  should  be 
obliged,  within  five  days,  to  approve  upon  oath  of  what  the  people 
enacted,  under  the  penalty  of  a  heavy  fine ;  and  the  virtuous  Metel- 
loB  Numidicus  was  banished,  because  he  alone  would  not  comply, 
Untad  in  legem  vi  IcUamjurare  nolUi,)  Cic.  pro  Sext.  16.  Dom.  31. 
Cluent.  35.  Victor  de  Vir.  illqst.  62.  But  Satuminus  himself  was 
soon  after  slain  for  passing  these  laws  by  the  command  of  3f  anus, 
who  bad  at  first  encouraged  him  to  propose  them,  Cic.  pro  Rabir. 
perd.  7.  11.  and  who  by  his  artifice  had  efifected  the  bamshment  of 
jHfetellus,  Plutarch,  in  Mar.  Appian.  de  Bell.  Civ.  i.  367. 
Lex  AQUILLIA,  A.  U.  672.  about  hurt  wrongfully  done,  {de 

datnno  injuriA  dato^)  Cic.  in  Bruto,  34. ^Another,  A.  U.  687,  (de 

dolo  malo,)  Cic  de  Nat.  Deor.  iii.  30.  Off.  iii.  14. 

Lex  ATERIA  TARPEI  A,  A.  U.  300,  that  all  magistrates  might 
fine  those  who  violated  their  authority,  but  not  above  two  oxen  and 
thirty  sheep,  Dionya.  x.  50.  After  the  Romans  began  to  use  coin- 
ed money,  an  ox  was  estimated  at  100  asseSf  and  a  sheep  at  ten, 
Feattis  in  pecdlatus. 

Ltx  ATIA,  by  a  tribune,  A.  U.  690.  repealing  the  Cornelian  law, 
and  restoring  the  Domitian,  in  the  election  of  priests,  Dio.  xxxvii.  37. 
^Lex  ATILIA,  de  dediiitiis,  A.  U.  543,  Liv.  xxvi.  33. — ^Another, 
de-tutaribus,  A.  U.  443,  That  guardians  should  be  appointed  for  or- 
phans  and  women,  by  the  praetor  and  a  majority  of  the  tribunes, 
Ulpian.  in  Fragm.  Liv.  xxxix.  9.     See  p.  60. 

^Another,  A.  U.  443,  That  sixteen  military  tribunes  should 

be  created  by  the  people  for  four  legions ;  that  is,  two-thirds  of  the 
whole.  For  in  four  legions,  the  number  which  then  used  annually 
to  be  raised,  there  were  twenty-four  tribunes,  six  in  each ;  of  whom 
by  this  law  four  were  appointed  by  the  people,  and  two  by  the  con- 
suls. Those  chosen  by  the  people  were  called  COMITIATI ;  by 
the  consuls,  RUTILI  or  RuFULI.  At  first  they  seem  to  have 
been  all  nominated  by  the  kings,  consuls,  or  dictators,  till  the  year 
393,  when  the  people  assumed  the  right  of  annually  appointinff  six, 
JUv.  vii.  5.  ix.  30.  Jiscon.  in  Cic.  Afterwards  the  manner  of  choos- 
ing them  varied.  Sometimes  the  people  created  the  whole,  some- 
times only  a  part.  But  as  they,  through  interest,  often  appointed 
improper  persons,  the  choice  was  sometimes  left,  especially  in  dan- 
gerous junctures,  entirely  to  the  consuls,  Liv.  xlii.  31.  xliji.  12.  xliv. 
21. 
.Man  ATINIA,  A.  U.  623,^  about  making  the  tribunes  of  the  com- 


166  ROMAN  ANTIQUITIEa 

mens  senators,  GelL  xiv,  8. ^Another,  That  the  property  of 

things  stolen  could  not  be  acquired  by  possession,  {luueaptiom .') 
The  words  of  the  law  were,  Quod  surreptum  erit,  ejus  atbrna, 
AUG  TOR  IT  AS  ESTO.  (Sco  p.  54.)  GelL  zvil  7.  Cic.  in  Vtrr.  i.  4St. 

Ltx  AUFIDIA  de  ambitUj  A.  U.  692.  It  containeci  this  singular 
clause,  That  if  a  candidate  promised  money  to  a  tribe,  and  did  not 
pay  it,  he  should  be  excused ;  but  if  he  did  pay  it,  he  should  be 
obli^d  to  pay  every  tribe  a  yearly  fine  of  3000  sestertii  as  long  as 
he  hyed.     Cic.  Alt.  i.  16. 

Lex  AURELI A  judiciaria,  by  L.  Aurelius  Cotta,  prsetor,  A.  U. 
683,  Thfit  judices  or  juiymen  should  be  chosen  from  the  senators, 
Eqttites  and  7V»6iintt  JErarii^  Cic.  Verr.  ii.  72.  Phil.  L  8.  RulL  i.  % 
— 'The  last  were  officers  chosen  from  the  plebeians,  who  kept  and 
^ve  out  the  money  for  defraying  the  expenses  of  the  army,  Aecon. 
t^  Cie. — Cic.  pro  Plane.  8,  Ferr.  69.  Alt.  i.  16.  Festus. 

Another,  by  C.  Aurelius  Cotta,  consul,  A.  U.  678,  That  thoae 
who  had  been  tribunes  might  enjoy  other  offices,  which  had  been 
prohibited  by  Sulla,  Ascon.  in  Cic. 

Lex  BiEBIA,  A.  U.  574,  about  the  number  of  prsetors.  (See  p. 
111.) ^Another  against  bribery,  A.  U.  571.  Liv.  xl.  19. 

Lex  CiECILIA  DIDIA,  or  et  Didia,  or  Didia  tt  Cacitia,  A.  U. 
655,  That  laws  should  be  promulgated  for  three  market-days,  and 
that  several  distinct  things  should  not  be  included  in  the  same  law, 
which  was  called  ferreper  aaturam^  Cic.  Att.  ii.  9.  Phil.  v.  3.  pro 
Dom.20. 

^Another  against  bribery,  Cic.  pro  Stdl,  22.  23. 

^Another,  A.  U.  693,  about  exempting  the  city  and  Italy  firoin 

taxes,  Dio.  xxxvii.  51. 

Lex  CALPURNIA,  A.  U.  604,  against  extortion,  by  which  law, 
the  first  quesstio  perpetua  was  established,  Q'c.  Verr.  iv.  25.  O^.'iL 
31. 

^Another,  called  also  Acilia,  concerning  bribery,  A.  U.  686L 

Cic.  pro  Mur.  23.  Brut.  27.  Sail.  Cat.  18. 

Lex  CANULEIA,  by  a  tribune,  A.  U.  309,  about  the  inteimar- 
riage  of  the  patricians  with  the  plebeians,  Liv.  iy.  6. 

Lex  CASSIA,  That  those,  whom  the  people  condemned,  should 
be  excluded  from  the  senate,  Ascon.  in  Cic.  pro  Com.  Another, 
about  supplying  the  senate.  Tacit,  xi.  35.  Another,  That  the  peo- 
ple should  vote  by  ballot,' &c.     See  p.  85. 

Lex  CASSIA  TERENTIA  Frumentaria,  by  the  consuls  C.  Cas- 
aius  and  M.  Terentius,  A.  U.  680,  ordaining,  as  it  is  thought,  that 
five  bushels  of  corn  should  be  given  monthly  to  each  of  the  poorer 
citizens,  which  was  no  more  than  the  allowance  of  slaves,  Sallust. 
hisUfragm.  (p.  974.  ed  Corlii,)  and  that  money  should  be  annually 
advanced  from  the  treasury  for  purchasing  800,000  bushels  of  wheat, 
(Tritici  imperati,)  at  four  sestertii  a  bushel ;  and  a  second  tenth 
part  (alteras  decumas\  (see  p.  67.)  at  three  sestertii  a  bukhel  (pro 
DKCUMANo),  Cic.  Verr.  iii,  76.  v.  21. 

This  corn  was  given  to  the  poor  by  the  Sempronian  law,  af  a  *«- 


LAWS  OF  THE  ROMANS.  lOT 

niis  and  truns  a  bushel ;  and  by  the  Clodian  law,  gratis.  In  the 
time  of  Augustus,  we  read  that  200,000  received  corn  from  the  pub- 
licy  Dio.  It.  10.  Suet.  Aug.  40.  42.  Julius  Csesar  reduced  them 
firom  320,000  to  150,00Q,  Suet.  Jul.  41. 

Lex  CENTURIATA,  the  name  of  every  ordinance  made  by  the 
CrnnUia  Centuriata^  Cic.  in  RuU.  ii.  11. 

'  Lex  CINCIA  de  danis  et  muneribusj  hence  called  MUNERALIS, 
Plaut.  apud  Festum^  by  Cincius,  a  tribune,  A.  U.  549,  That  no  one 
ahould  take  money  or  a  present  for  pleading  a  cause,  Cic.  de  Seneck 
4»  de  Orat.  ii.  7.  Att.  i.  20.  Tacit.  Ann.  xi.  5.  Liv.  xxxiv.  4» 

Lex  CLAUDIA  de  navibus,  A.  U.  535,  That  a  senator  should 
not  have  a  vessel  above  a  certain  burden.  (See  p.  13.)  A  clause  is 
Mpposed  to  have  been  added  to  this  law,  prohibiting  the  quaestor's 
clerks  from  trading.  Suet.  Dom.  9. 

Another,  by  Claudius  the  consul,  at  the  request  of  the  allies,  A.  U* 
573,  That  the  allies,  and  those  of  the  Latin  name,  should  leave 
Rome  and  return  to  their  own  cities.  According  to  this  law,  the 
consul  made  an  edict,  and  a  decree  of  the  senate  was  added.  That 
for  the  future  no  person  should  be  manumitted,  unless  both  master 
and  slave  swore  that  he  was  not  manumitted  for  the  sake  of  chang- 
ing his  city.  For  the  allies  used  to  give  their  children  as  slaves  to 
any  Roman  citizen  on  condition  of  their  being  manumitted,  (u<  l^ 
bertini  cives  essent,)  Liv.  x\u  8^9.  Cic.  pro  Balb.  ^. 

■  by  the  Emperor  Claudius,  That  usurers  should  not  lend  mo- 
ney to  minors,  to  be  paid  after  the  death  of  their  parents.  Tacit.  Ann, 
jd.  13.  supposed  to  be  the  same  with  what  was  called  Ssvatus- 
coNSDiiTUM  M ACBDONiAHUM,  Ulpian.  enforced  by  Vespasian,  Suet. 
IL    To  this  crime  Horace  alludes,  Sat.  i.  2.  v.  14. 

by  the  consul  Marcellus,  703,  That  no  one  should  be  allowed 

to  stand  candidate  for  an  office  while  absent ;  thus  taking  from  Cae- 
sar the  privUege  granted  him  by  the  Pompeian  law  ;  (CcMari  privt- 
legium  eripiens^  vel  heneficium  populi  adimens  ;)  also,  That  the  free- 
dom  of  the  city  should  be  taken  from  the  colony  of  the  M)vumco* 
mumf  which  Ceesar  had  planted.  Suet.  Jul.  28.  Cic.  Fam.  xiii.  35. 

Leges  CLODIiE,  by  the  tribune  P.  Clodius,  A.  U.  695. 

1.  That  the  corn  which  had  been  distributed  to  the  people 

for  six  asses  and  a  iriens  the  bushel,  should  be  given  gratis^  Cic.  pro 
Sext.  25.    Ascon.  in  Cic.    See  p.  167. 

2.  That  the  censors  should  not  expel  from  the  senate,  or  in- 
flict any  mark  of  infamy,  on  any  man,  who  was  not  first  openly  ac- 
cused cuod  condemned  by  their  joint  sentence,  Cic.  ibid. — in  Pis.  & 
Dio.  xxxviii.  13. 

3.  That  no  one  should  take  the  auspices,  or  observe  the 
heavens,  when  the  people  were  assembled  on  public  business :  and, 
in  short,  that  the  iElian  and  Fusian  law  should  be  abrogated.  (See 
p.  82.)  Cic.  Vat.  6.  7.  0.  Sext.  15.  26.  Prov.  Cons.  19.  Ascm.  m 
Pis.  4. 

4.  That  the  old  companies  or  fraternities  {collegia)  of  arti- 


168  ROMAN  ANTIQUITIES. 

fieers  in  the  cit^,  which  the  senate  had  abolished,  should  be  restoredi 
and  new  ones  instituted,  Cic.  in  Pis.  4.  Suet.  Jul.  43. 

These  laws  were  intended  to  pave  the  way  for  the  following : 

— —5.  That  whoever  had  taken  the  life  of  a  citizen  uncondemned 
and  without  a  trial,  should  be  prohibited  from  fire  and  water ;  by 
which  law  Cicero,  although  not  named,  was  plainly  pointed  at; 
VM.  ii.  45.  and  soon  after,  by  means  of  a  hired  mob,  his  banishment 
was  expressly  decreed  by  a  second  law,  Cic  pro  Dom.  18.  19.  20. 
post  red.  in  Sen.  2.  5.  &c. 

Cicero  had  engaged  Ninius,  a  tribune,  to  oppose  these  laws,  but 
was  prevented  from  using  his  assistance  by  the  artful  conduct  of  Clo- 
dius,  Dio.  xxxviii.  15.  and  Pompey,  on  whose  protection  he  had  rea- 
■on  to  rely,  betrayed  him,  ibid.  17.  Plutarch, — Cic.  Att.  x.  4.  Cae- 
sar, who  was  then  without  the  walls  with  his  army,  ready  to  set  out 
for  his  province  of  Gaul,  offered  to  make  him  one  of  his  lieutenants  ; 
but  this,  by  the  advice  of  Pompey,  he  declined,  Dio.  xxxviii.  15. 
Crassus,  although  secretly  inimical  to  Cicero,  ibid,  yet  at  the  per- 
suasion of  his  son,  who  was  a  great  adpiirer  of  Cicero,  Cic.  Q.fr.  ii. 
9.  did  not  openly  oppose  him,  Cic.  Sext.  17.  18.  But  Clodius  de* 
clared  that  what  he  did  was  by  the  authority  of  the  Triumviri^  Cic. 
Sext  16. 18.  and  the  interposition  of  the  senate  aiid  Equttes^  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  con- 
suls, Piso,  the  father-in-law  of  Caesar,  and  Gabinius,  the  creature  of 
Pompey,  Cic.  Sext.  11.  12.  13.  &c.  Cicero,  therefore,  after  seve- 
ral  mean  compliances,  putting  on  the  habit  of  a  criminal,  Dio, 
xxxviii.  14.  and  even  throwing  himself  at  the  feet  of  Pompey,  Cic. 
Att.  X.  4  was  at  last  obliged  to  leave  the  city  about  the  end  of 
March,  A.  U.  695.  He  was  prohibited  from  coming  within  468 
miles  of  Rome,  under  pain  of  death  to  himself,  and  to  any  person 
who  entertained  him,  Cic.  Att.  iii.  4.  Dio.  xxxviii.  17.  He  there- 
fore retired  to  Thessalonica  in  Macedonia,  Cic.  Plane.  41.  Red.  m 
Senat.  14.  His  houses  at  Rome  and  in  the  country  were  burnt, 
and  his  furniture  plundered,  ibid.  7.  pro  Dom.  24.  Cicero  did  not 
support  his  exile  with  fortitude ;  but  showed  marks  of  dejection,  and 
uttered  expressions  of  grief,  unworthy  of  his  former  character,  Dio. 
xxxviii.  18.  Cic.  Att.  iii.  7.  8.  9.  10.  11.  13.  15.  19.  &c.  He  was 
restored  with  great  honour,  through  the  influence  of  Pompey,  by  a 
very  unanimous  decree  of  the  senate,  and  by  a  law  passed  at  the  Co- 
mitia  Centuriata,  4th  August,  the  next  year,  Cic.  Att.  iv.  1.  post  red. 
ad  Quir.  7.  in  Senat.  11.  JIftV.  20.  Pis.  15.  Dio.  xxxix.  8.  Had  Cicero 
acted  with  as  much  dignity  and  independence,  after  he  reached  the 
summit  of  his  ambition,  as  he  did  with  industry  and  integrity  in  as- 
piring to  it,  he  needed  not  to  have  owed  his  safety  to  any  one. 

— —6.  That  the  kingdom  of  Cyprus  should  be  taken  from  Ptole- 
my, and  reduced  into  the  form  of  a  province,  Cic.  pro  Dom.  8.  Veil. 
ii.  45.  the  reason  of  which  law  was  to  punish  that  king  for  having  re- 
fused Clodius  money  to  pa^  his  ransom  when  taken  by  the  pirates, 
and  to  remove  Cato  out  of*^  the  way,  by  appointing  him  to  execute 


LAWS  OF  THE  ROMANS.  160 

this  order  of  the  people,  thai  he  might  not  thwart  the  unjust  pro* 
ceedings  of  the  tribune,  nor  the  views  of  the  triumviri,  by  whom 
Clodius  was  supported,  Cic.  pro  SexL  18. 28.  Dom.  25.  Dio,  xxxriii. 
30.  xxzix.  22. 

7,  To  reward  the  consuls  Piso  and  Gabinius,  ^ho  had  fa« 

vourejl  Clodius  in  his  measures,  the  province  of  Macedonia  and 
&reece  was  by  the  people  given  to  the  former,  and  Syria  to  the  lat- 
ter, Cic.  ibid.  10.  24.  in  Pis.  16. 

• 8j  Another  law  was  made  by  Clodius  to  give  relief  to  the 

private  members '  of  corporate  towns  {municifnorum),  against  the 
puUic  ii^uries  of  their  communities,  Cic.  pro  Dom.  30. 

^9i  Another,  to  derive  the  priest  of  Cybeld,  at  Pesinus  in 

Phrygia,  of  his  office,  Cic.  Sext.  26.  dt  reap.  Harusp.  13. 

Lex  COELI A  tcAellaria  perduellioniSf  by  Ccelius,  a  tribune.  See 
p.  85. 

Leges  CORNELLS,  enacted  by  L.  Cornelius  Sylla,  the  dictatori 
A.  U.  672. 

■L  De  proscr^tione  et  proscriptis,  against  his  enemies,  and 
in  favour  of  his  friends.  Sylla  first  introduced  the  method  of  pro- 
scription. Upon  Ms  return  into  the  city,  after  having  conquered 
the  party  of  Marius,  he  wrote  down  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 
talenla)  for  the  head  of  each  person  so  proscribed.  New  lists  {iabu" 
la  proscriptionis)  were  repeatedly  exposed,  as  new  victims  occurred 
to  his  memory,  or  were  suggested  to  him.  The  first  list  contained 
the  names  of  40  senators,  and  1600  equites,  Appian.  B.  Civ.  i.  409. 
Incredible  numbers  were  massacred,  not  only  at  Rome,  but  through 
all  Italy,  Dio.  Fragm.  137.  Whoever  harboured  or  assisted  a  pro- 
scribed person  was  put  to  death,  Cic.  in  Verr.  i,  47.  The  goods  of 
the  proscribed  person  were  confiscated,  Cic.  pro  Rose.  Amtr.  43. 
44*  in  BulL  iii*  3%  and  their  children  declared  incapable  of  honours. 
Veil.  Pat.  ii.  28.  Cic.  in  Pis.  2.  The  lands  and  fortunes  of  the  slain 
were  divided  among  the  friends  of  Sylla,  Sallust.  Cat.  51.  who  were 
allowed  to  enjoy  preferments  before  the  legal  time,  Cic.  Acad.  ii.  h 

De  MuNicipiis,  That  the  free  towns  which  had  sided  with 

Marius  should  be  deprived  of  their  lands,  and  the  right  of  citizens ; 

the  last  of  which  Cicero  says  could  not  be  done,  (Quia  jure  Romano 

^civitas  nemini  invito  adimipoterat,)  pro  Dom.  30.  Csecin.  33.  .  ' 

Sylla  being  created  dictator,  with  extraordinary  powers,  by  L* 
Valerius  Flaccus,  the  Interrex,  in  an  assembly  of  the  people  by  cen* 
turies,  Appian.  B.  civ.  i.  411.  and  having  there  got  ratified  whatever 
he  had  done,  or  should  do,  by  a  special  law,  {sive  Valeria,  sivc 
Cornelia,  Cic.  pro  Rose.  Am.  43.)  Cic.  in  Rull.  iii.  2.  next  pro- 
ceeded to  regulate  the  state,  and  for  that  purpose  made  many  good 
laws. 

2.  Concerning  tlie  republic,  the  magistrates,  (see  p.  97.)  the  pro- 
vinces, (see  p.  6b.)  the  power  of  the  tribunes,  (see  p.  123.)  That 
the  JMdictfs  should  be  chosen  only  from  the  senators:  That  the 

22 


170  ROMAN  ANTIQUITIES. , 

ptiestM  sliould  be  elected  by  their  respective  colleges,  Ascon.  ad  Cic. 
IHvin.  in  Verr.  3.  '  ♦ 

3,  Concerning  various  crimes: — dt  Majestate,  Cic.  in  Pis,  21  • 
pro  Cluent  35.  ad  Fam.  iii.  11.  (see  p.  141.) — de  Repetundis,  Cic. 

fro  Rabir.  3.  (seep.  111.)— de  Sicarhs  ti  Veneficis,  those  *v?ho 
illed  a  person  tnth  weapons,  or  poison  ;  also,  who  took  aw|iy  the 
life  of  another  by  false  accusation,  &c. — One,  accused  by  this  law, 
was  asked  whether  he  chose  sentence  to  be  passed  on  him  by  voice 
or  by  ballot ;  {valam  an  clam.)  Cic.  pro  Cluent.  20.— <(e  Incbndi- 
ARiis,  who  firea  houses ;— ^/e  Parricu>is,  who  killed  a  parent  or 
relation ;  de  Falso,  against  those  who  forged  testaments  or  any  other 
deed ;  who  debased  or  counterfeited  the  public  coin,  {aui  in  attrum 
vitii  quid  addiderint  vel  adulUrinos  nummos  fecerint,)  qcc.  Hence 
this  law  iff  called  by  Cicero,  Cornelia  Tsstamentaria,  nummaria, 
in  Verr.  i.  42. 

The  punishment  annexed  to  these  laws  was  generally  aqua  et  ig^ 
nis  inierdiciiOf  implying  banishment. 

Sylla  also  made  a  sumptuary  law,  limiting  the  expense  of  enter- 
tainments, Gell.  ii.  24.  Macrob.  Sat.  ii.  13. 

There  were  other  leges  CORNELIiE,  proposed  by  Cornelius, 
the  tribune,  A.  U.  686 :  That  the  pr»tors  in  judging  should  not  va- 
ry from  theif  edicts.  (See  p.  108.)  That  the  senate  should  not  de- 
eree  about  absolving  any  one  from  the  obligation  of  the  laws,  with- 
out a  quorum  of  at  least  two  hundred,  Ascon.  in  Cic.  pro  Cornel! 

Lex  CURIA,  by  Curius  Denlatus,  when  tribune,  A.  U.  454. 
That  the  senate  should  authorize  the  covnitia  for  electing  plebeian 
masistrates,  Aur.  Vict.  37.  Cic.  de  Olar.  Oral.  14. 

Eeges  CURIATiE,  made  by  the  people  assembled  by  curia.  See 
p.  73. 

.  Lex  DECIA,  A.  U.  443,  That  Duumviri  navales  should  be  creat- 
ed for  equipping  and  refitting  a  fleet,  Liv.  ix.  30. 

Lex  DIDIA,  sumptuarioj  A.  U.  610,  limiting  the  expense  of  en- 
tertainments, and  the  number  of  guests :  That  the  sumptuary  laws 
should  be  extended  to  all  the  Italians ;  and  not  only  tiie  master  of 
the  feast,  but  also  the  guests,  should  incvr  a  penalty  for  their  of- 
fence,  Macrob.  Sat.  ii.  13. 

Lex  DOMITIA  de  sacerdotiis,  the  author,  Cn.  Domitius  Aheno- 
barbus,  a  tribune,  A.  U.  650,  That  priests,  (i.  e.  the  poiUiJices, 
augures,  and  decemviri  sacris  faciendis^  should  not  be  chosen  by 
the  colleges,  as  formerly,  but  by  the  people,  (see  p.  90.)  Suet.  Mr. 
2.  Cic.  Rull.  ii.  7.  The  Pontifex  Maximus  and  Curio  Maximus 
were,  in  the  first  ages  of  the  republic,  always  chosen  by  the  people, 
Liv.  XXV.  5.  xxvii.  8. 

Lex  DUII.IA,  by  Duilius,  a  tribune,  A.  U.  304,  That  whoever 
left  the  people  without  tribunes,  or  created  a  magistrate  from  whom 
there  was  no  appeal,  should  be  scourged  and  beheaded,  Uv.  iii.  35. 

Lex  DUILIA  MyENIA  de  'unciariofa:nore,  A.  U.  396.  fixing  the 
interest  of  money  at  one  per  cent,  Liv.  vii.  16. Another,  making 


LAWS  OF  THE  ROUANflL  171 

it  cajNtal  for  one  to  call  assembliet  of  the  people  at  a  dutaoce  from 
the  city,  Md. 

Lex  FABIA  de  plagio  vel  plagiariii,  against  kidnapping  or  steal- 
■jng  away  and  retaining  freedmeD  or  shves,  Cic,  pro  Rabir,ptrd.  3. 
aaQuinct,  Fr.  i,  2.  The  punishment  at  first  was  a  fine  ;  but  after- 
ward^ to  be  sent  to  the  mines ;  and  for  buying  or  aclling  ft  freebora 
citizen,  death. 

Literary  thiereB,  or  those  who  stole  the  work»  of  othen,  wera 
also  called  Plaoijirii,  Martial,  i.  53. 

Another,  limiting  the  number  of  SptcUtiores  that  attended  ^ 

candidates  when  canvassing  for  any  office.  It  was  proposed,  but 
did  not  pass,  Cic.  pro  Muran.  34. 

The  Spxctatorxa,  who  always  attended  candidates,  were  dis- 
tinguished from  the  Salutatoxxs,  who  only  waited  on  them  at 
their  house  in  the  morning,  and  then  went  away ;  and  from  the  De- 
DOCTOHEs,  who  also  went  down  with  them  to  the  Forum  and  Cam- 
pus Martius ;  hence  called  by  Martial,  Ahtambulonib,  ii,  81.  Cic. 
at  pet,  com.     See  p.  80. 

Lex  FALCIIMA  testamtntaria,  A.  U.  713,  That  the  testator 
•bonld  leave  at  least  the  fourth  part  of  his  fortune  to  the  person 
whom  he  named  his  heir.     Pfiul.  :o,  xlviii.  33. 

Lex  FANNIA,  A.  U.  588,  li  of  one  day  at 

feMivals  to  100  aates,  whence  t  Luciliua  Cen- 

TU3SIS  ;  on  ten  other  days  eveiy  id  on  all  other 

days,  to  ten  aiaes  .-  also,  that  ni  be  served  ap^ 

(ne  quid  valucrium  vel  voiucre  po  hen,  aad  that 

not  fattened  for  the  purpose,  {qua  non  altilis  etitt,)  GelL  ii.  34  Mn* 
crob.  Sat.  ii.  13.  (qwd  deinde  caput  tratulatum,  per  omnei  tegu  «m- 
bulavit,)  Flin.  z.  HO.  s.  71. 

Lex  FLAMINIA,  A.  U.  531.  about  dividing  among  the  soldiers 
the  lands  of  Piccnum,  whence  the  Galli  Senoaes  had  been  eipel- 
led  ;  which  aflerwards  gave  occasion  to  various  wars,  Poli/b.  ii.  21. 
Cic.  Sen.  4. 

Lex  FLA  VIA  agraria,  the  author  L.  Flavins,  a  tribune,  A.  U. 
695,  for  the  distributian  of  lands  among  Pompey's  soldiers  ;  whicEi 
excited  so  great  commotions,  that  the  tribune,  supported  by  Pom- 
pey,  had  the  hardiness  to  oommit  the  consul  Metellus  to  prison  for 
opposing  it,  Dio.  Cosm.  xxxvii.  50.  Civ.  Alt.  1.  18.  19.  ii.  I. 

Legei  FRUACENTARI^,  laws  for  the  distribution  of  Com 
among  the  people,  first  at  a  low  price,  and  then  gratia ;  the  chief 
of  which  w^re  the  Sempronian,  Apuleian,  Cassian,  Clodian,  and  Oc- 
tavian  laws. 

Lex  FURIA,  by  CamiJlus  the  dictator,  A.  U.  385,  about  the  crea-    . 
tion  of  the  curule  fediles,  Liv.  vi.  42. 

Lex  FUFI  A,  A.  U.  C92,  That  Clodius  should  be  tried  for  violating 
the  sacred  rights  of  the  Bona  Dea,  by  the  pnelor,  with  a  aelect 
bench  of  judges,  and  not  before  the  people,  according  to  the  decree 
of  the  senate,  Cic.  ad  Alt.  i.  13  14.  16.  Thus  by  bribery  he  pn*- 
cured  hi&  acquittal,  Dio.  xxxvii.  46. 


173  ROMAN  ANTIQUITIES. 

Lex  FULVIA,  A.  U.  028.  about  givinc  the  freedom  of  the  city 
to  the  Italian  allies  ;  but  it  did  not  pass,  Jppian.  de  BelL  cU>.  i.  371. 
VaL  Max.  ix.  5. 

Lex  FURIA  vel  Fusiay  (for  both  are  the  same  name,  Liv,  liL  4. 
Quinctilian.  i.  4.  13.)  de  testameniis,  That  no  one  shoidd  leave  by 
way  of  legacy  more  that  1000  atses^  and  that  he  who  took  more 
should  pay  fourfold,  Cic.  in  Verr.  i.  42.  pro  Balb.  8.  Theophil.  ad 
Instit.  ii.  22.  By  the  law  of  the  Twelve  Tables,  one  might  leave 
what  legacies  he  pleased. 

Lex  FURIA  ATILIA,  A.  U.  617,  about  giving  up  Mancinus  to 
the  Numantines,  with  whom  he  had  made  peace  without  the  order 
of  the  people  or  senate,  Cic.  Off.  hi.  30. 

Lex  rUSIA  de  comitUs,  A.  IL  691,  by  a  prstor.  That  in  the  Co' 
mitia  Tribuiaf  the  different  kinds  of  people  in  each  tribe  should  vote 
separately,  that  thus  the  sentiments  of  every  rank  might  be  known, 
Dio.  zzxviii.  8. 

Lex  FUSIA  vel  Furia  CANINIA,  A.  U.  751,  limiting  the  number 
of  slaves  to  be  manumitted,  in  proportion  to  the  whole  number 
which  any  one  possessed :  from  two  to  ten,  the  half,  from  ten  to 
thirty,  the  third,  from  thirty  to  a  hundred,  the  fourth  part ;  but  not 
above  a  hundred,  whatever  was  the  number.  Vopisc.  Tacit.  11. 
Paul.  Sent.  iv.  li.    See  p.  43. 

Leges  GABINIiE,  by  A.  Gabinius,  a  tribune,  A.  U.  685,  That 
Pompey  should  take  the  command  of  the  war  against  the  pirates 
with  extraordinary  ^powers,  {cum  imperio  extraordinario^)  Cic.  pro 
leg.  Manil.  17.  Dio.'  xxxvi.  7.  That  the^lenate  should  attend  to  the 
hearing  of  embassies  the  whole  month  of  February,  Cic.  ai  Qmnct. 
Fr.  ii.  ll.  13.  .  That  the  people  should  give  their  votes  by  ballot, 
and  not  viv&  voce  as.  formerly,  in  creating  magtstrdtes.  (See  pb  84.) 
That  the  people  of  the  provinces  should  not  be  allowed  to  borrow 
money  at  Rome  from  one  person  to  pay  another,  {versuram  faeere^) 
Cic.  Att.  V.  21.  vi.  2. 

There  is  another  Gabinian  law,  mentioned  by  Porcius  Latro,  in 
his  declamation  against  Catiline,  which  made  it  capital  to  hold  clan- 
destine assemblies  in  the  city,  c.  19.  But  this  author  is  thought  to 
be  supposititious.     See  Cortius  on  Sailust. 

It  is  certain,  however,  that  the  Romans  wer*  always  careful  to 
prevent  the  meetings  of  any  large  bodies  of  men,  (hetaria,)  which 
they  thought  might  be  converted  to  the  purposes  of  sedition^  Piin. 
Ep.  X.  43.  94.  On  this  account,  Pliny  informs  Trajan,  that  accord- 
ing to  his  directions  he  had  prohibited  the  assemblies  of  the  Chris- 
tians, Id.  97.  76. 

Lex  GELLIA  CORNELIA,  A.  U.  681,  confirming  the  right  of 
citizenship  to  those  to  whom  Pompey,  with  the  advice  of  his  council, 
(de  consilii  sentential)  had  granted  it,  Cic.  pro  Balb.  8.  14. 

Lex  GENUCIA,  A.  U.  411,  That  both  consuls  might  be  chosen 
from  the  plebeians,  Liv.  vii.  42.  That  usury  should  be  prohibited  : 
That  no  one  should  enjoy  the  same  office  within  ten  years,  nor  be 
invested  with  two  offices  in  one  year;  Ibid. 


LAWS  OF  THE  ROMANS.  173 

L€x  6ENUCI A  MWlAh,  A.  U.  390,  about  fixing  a  nail  in  the 
right  side  of  the  temple  of  Jupiter,  Liv.  viL  3. 

Lex  GLAUCIA,  A.  U.  653,  granting  the  right  of  judging  to  the 
tquites^  Cic  de  clar.  Orator.  62.-r-De  repetundis.    See  Lex  Scr- 

▼ILIA. 

Lex  GLICIA,  de  inoffidoso  Ustamento.     See  p.  58. 

Lex  HIERONICA,  vel  frumentariay  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  been  prescribed 
by  Hiero,  tyrant  of  Syracuse,  to  his  tenants,  (its  qui  agros  regis  co* 
lerent,)  and  was  retained  by  the  Prsetpr  Rupilius,  with  the  advice 
of  his  council,  among  the  laws  which  he  save  to  the  Sicilians  when 
that  -country  was  reduced  to  the  form  of  a  province,  Cic.  Verr.  iii. 
8.  10.  It  resembled  the  regulations  of  the  censors^  (Leges  Censo- 
RiiE,)  in  their  leases  and  bargains,  (tin  locationibus  et  paciionibtiSf) 
and  settled  the  manner  of  collecting  and  ascertaining  the  quantity 
of  the  tithes,  Cic.  Verr.  v.  28. 

Lex  HIRTIA,  A.  U.  704,  That  the  adherents  of  Pompey^  (Pom- 
peiani)  should  be  excluded  from  preferments,  Cic.  Phil.  xiii.  16. 

Lex  HORATIA,  about  rewarding  Caia  Tarratia,  a  vestal  virgin, 
because  she  had  given  in  a  present  to  the  Roman  people,  the  Cam- 
pus TlburtinuSf  or  Martius :  That  she  should  be  admitted  to  give 
evidence  {testabilis  esset)^  be  discharged  from  her  priesthood  {exau* 
gurari  posset)^  and  might  marry  if  she  chose,  Gell.  vi.  7. 

Lex  HORTENSIA,  That  the  nundina  or  diarket-days,  which 
used  to  be  held  as  ferice  or  holidays,  should  he  fasti  or  court  days :  i 
That  the  country  people,  who  came  to  town  for  market,  might  then 
get  their  lawsuits  determined,  {lites  componerent^)  Macrob,  Sat.  i.  16. 

Lex  HORTENSIA,  de  plebiscilis.     See  p.  25.  90.  156. 

Lex  HOSTILIA,  defurtis,  about  theft,  is  mentioned  only  by  Jus- 
tinian, Instii.  iv.  10. 

Lex  ICILIA,  de  tribunisj  A.  U.  261,  That  no  one  should  contra- 
dict or  interrupt  a  tribune,  (interfari  tribuno,)  while  speaking  to  the 
people,  Dionys,  vii.  17. 

Another,  A.  U.  267,  de  Aveniino  pvhlicando.  That  the  Aven- 

tine  hill  should  be  common  for  the  people  to  build  upon,  Id.  x.  32. 
Liv.  iii.  13.  It  was  a  condition  in  the  creation  of  the  decemviri^ 
that  this  law,  and  thbse  relating  to  the  tribunes,  (LEGES  SACRA- 
TiE,)  should  not  be  abrogated,  Liv.  iii.  32. 

Lex  JULIA,  de  civitate  sociis  et  Latinis  dandd  ;'  the  author  L. 
Julius  Csesar,  A.  U.  663,  That  the  freedom  of  the  city  should  be 
given  to  the  Latins  and  all  the  Italian  allies  who  chose  to  accept  of 
it,  {qui  ei  legi  fundi  fieri  vellentf)  Cic.  pro  Balb.  8.  Gell.  iv.  4.  See 
p.  64. 

Leges  JULIiE,  laws  made  by  Julius  Caesar  and  Augustus : 

1.  By  C.  Julius  CaBsar,  in  his  first  consulship,  A.  U.  694, 

and  afterwards  when  dictator : 

Lex  JIJIJ A  AnRARTA,  for  distributing  the  lands  of  Campania  and 
Stella  to  20y000  poor  citizens,  who  had  each  three  children  or  more. 


m  ROMAN  ANTIQUITIES. 

Ocpro  Plane.  '5.    Ait.  iL  16.  18. 19.     Veil.  ii.  44.    Dio.  xxxviii. 

1  (Jr  7. 

When  Bibulus,  Csesar^s  colleague  ia  the  consulate,  gave  his  nega- 
tive to  this  law,  he  was  driven  from  the  Forum  by  force.  And  next 
day,  having  complained  in  the  senate,  but  not  being  supported,  he 
was  so  discouraged,  that  during  his  continuance  in  office  for  eight 
months,  he  shut  himself  up  at  home,  without  doing  any  thing,  but 
interposing  by  his  edicts,  (tif,  quoad  ootesiate  abiret^  aomo  abditus 
nihil  aliuaquam  per  edicta  obnuntiaret^  Suet.  Jul.  20.  Dio.  xxxviii* 
6.  by  which  means,  while  he  wished  to  raise  odium  against  his  col- 
league, he  increased  his  power,  Fell.  ii.  44  Metellus  Celer,  Cato, 
and  his  great  admirer  {amulalor)  M.  Favonius,  at  firsi  refused  to 
swear  to  this  law ;  but  constrained  by  the  severity  of  the  punishment 
annexed  to  i^  which  Appian  says  was  capital,  de  Bell.  Civil,  ii.  434. 
they  at  last  complied,  Dio.  xxxviii.  7.  Plutarch,  in  Cato.  Minor. 
This  custom  of  obliging  all  citizens,  particularly  senators,  within  a 
limited  time,  to  signify  their  approbation  of  a  law  by  swearing  to 
support  it,  at  first  mtroduced  in  the  time  of  Marius,  (See  Leges  Ap- 
puleim^  was  noW  observed  with  respect  to  every  ordinance  of  the 
people,  however  violent  and  absurd,  Dio.  xxxviii.  7.  Cic  SexL  28. 

de  PuBLiCANis  tcrtia  parte  pecunim  debita  relevandis^  about 

remitting  to  the  farmers-general  a  third  part  of  what  they  had  stipu- 
lated to  pay,  Suet.  ibid.  Cic.  pro  Plane.  14.  Dio.  ibid.  Appian.  B* 
Civ.  ii.  4o5.  See  p.  28.  When  Cato  opposed  this  law  with  his 
usual  firmness,  Cdftsar  ordered  him  to  be  hurried  away  to  prison ; 
but  fearing  lest  such  violence  should  raise  odium  against  him,  he 
desired  one  of  the  tribunes  to  interpose  and  free  him,  Plutarch,  in 
Cas. 

Dio  says  that  this  happened  when  Cato  opposed  the  former  law 
in  the  senate,  xxxviii.  3.  So  Suet.  Ccbs.  20.  Gell.  iv.  10.  When 
many  of  the  senators  followed  Cato,  one  of  them,  named  M.  Petre- 
ius,  beinff  reproved  by  Caesar  for  going  away  before  the  house  was 
dismissed,  replied,  "  I  had  rather  be  with  Cato  in  prison,  than  here 
with  Caesar,"  ibid.     See  p.  20. 

'- — For  the  ratification  of  all  Pompey's  acts  in  Asia.    This 

law  was  chiefly  opposed  by  Lucullus  ;  but  Caesar  so  frightened  him 
with  threatening  to  bring  him  to  an  account  for  his  conduct  in  Asia 
that  he  promised  compliance  on  his  knees.  Sue/,  ibid. 

■  ■ — de  PaoviNciis  ordinandis;  an  improvement  on  the  Cor* 
nelian  law  about  the  provinces ;  ordaining  that  those  who  had  been 
praetors,  should  not  command  a  province  above  one  year,  and  those 
who  had  been  consuls,  not  above  two  years,  Cic.  Phil.  1.  8.  Dio. 
xliii.  25.  Also  ordering  that  Achaia,  Thessaly,  Athens,  and  all 
Greece,  should  be  free  and  use  their  own  laws,  Cic.  in  Pis.  16. 

— de  Sacerdotus,  restoring  the  Domitian  law,  and  permit- 
ting persons  to  be  elected  priests  in  their  absence,  Cic.  ad  Brut.  5. 

^JuDiciARiA,  ordering  the  judices  to  be  chosen  only  from 

the  senators,  and  equites,  and  not  from  the  ln6uni  csrariiy  Suet,  Jul. 
41.  Cic.  Phil.  i.  9. 


LAWS  OF  THE  ROMANS.  175 

'de  RsPETUi^DiSy  very  severe  {acerrima)  against  extortion. 


It  is  said  to  have  contained  above  100  heads,  Ctc.  Fam.  viii.  7.  in 
Pis.  16.  21.  Sl.^SexL  64.  pro  Rabir.  Posth.4.  Vatin.  12.  adAuic. 
V.  10  ^  16.  SutU  Jul.^. 

-— — - — de  Le«ationibus  libbris,  limiting  their  duration  to  five 
years,  (see  p.  2^.)  Ctc.  AiL  xv.  11.  They  were  called  /ifrerce  qubd^ 
cum  veliSf  introire^  exire  lictai^  ibid. 

dt  Vl  POBLICA  BT  PRIVATA,  BT  OB  MAJE8TAT1,  ClC.  PAi/. 

i.  8. 9. 

■^  ■  de  PBcuNiis  MUTU1S9  about  borrowed  money;  See  p.  48. 
JDto.  xli.  37.  xlii.  51.    Cas.  B.  C.  iii.  1.  20. 42. 

de  Mono  pbcunije  possidbndje,  that  no  one  should  keep  by 

him  in  specie  above  a  certain  sum,  (lx  sesieriia,)  Dio.  xli.  38.  Tacit. 
Annal.  vi.  16. 

— '• — ^About  the  population  of  Italy,  That  no  Roman  citizen  should 
remain  abroad  above  three  years,  unless  in  the  army,  or  in  public 
business  ;  that  at  least  a  third  of  those  employed  in  pasturage  should 
be  free-bom  ci/izens :  Also  about  increasing  the  punishment  of 
crimes,  dissolving  all  corporations  or  societies,  except  the  ancient 
ones,  granting  the  freedom  of  the  city  to  physicians,  and  professors 
of  the  liberal  arts,  ^c.  Suet.  42. 

de  Residuis,  about  bringing  those  to  account  who  retained 

any  part  of  the  public  money  in  ttieir  hands,  Maman.  I.  4.  §  3.  ad 
leg,  JuL 

cfe  LiBERis  PROSCRiPTORUM,  That  the  children  of  those  pro- 
scribed by  Sylla  should  be  admitted  to  enjoy  preferments.  Suet.  Jul. 
41.  which  Cicero,  when  consul,  had  opposed,  Cic.  in  Pis.  2. 

SuMPTUARiA,  Suet.  Jul.  42.  Cic.  ad  Alt.  xiii.  7.  Fam.  vii.  26. 

ix.  15.  It  allowed  200  HS.  on  the  dies  profesti ;  300  on  the  ka- 
lends, nones,  ides,  and  some  other  festivals ;  1000  at  marriage-feasts, 
(nuptiis  et  repotiis,)  and  such  extraordinary  entertainments.  Geilius 
ascribes  this  law  to  Augustus,  ii.  24.  but  it  seems  to  have  been 
enacted  by  both,  Dio.  liv.  2.  By  an  edict  of  Augustus  or  Tiberius, 
the  allowance  for  an  entertainment  was  raised  in  proportion  to  its 
solemnity,  from  300  to  2000  Hs.  Gtll.  ibid. 

-^     de  venefidis^  about  poisoning,  Suet.  Ner.  33. 

2.  The  Leges  JULIiE  made  by  Augustus  were  chiefly : 

-Concerning  marriage,  {de  maritandis  ordinihusy  Suet.  Aug. 

34  hence  called  by  Horace  lex  marita,  Carm.  Secul.  v.  68.)  Liv. 
Epit:  59.  Suet.  S9. 

de  AboLTERiis,  et  de  pudicitia,  Plin.  Ep.  vi.  31. — de  ambitu^ 

Suet  34  against  forestalling  the  market,  (nequis  contra  annonam  /e* 
cerit,  societatem^^e  coierit^  qud  annona  cariorfiat^  Ulptan.) 

— - — de  TuTORiBus,  That  guardians  should  be  appointed  for  or- 
phans in  the  provinces,  as  at  Rome,  by  the  Atilian  law,  Justin.  Inst, 
de  Atil.  tut. 

Lex  JULIA  theatraUs,  That  those  equitesy  who  themselves, 
their  fathers,  or  grandfathers,  had  the  fortune  of  an  eques,  should  sft 


176  ROMAN  ANTIQUITIES.. 

in  the  fourteen  rows  assigned  by  the  Roscian  law  to  that  order,  &ie/« 
Aug.  40.  P/tn.  xxxiii.  2.  s.  8. 

.  There  are  several  other  laws  called  LtgtB  JvlitB^  which  occur  on- 
ly in  the  Corpus  Juris. 

Julius  Caesar  proposed  revising  all  the  laws,  and  xeducing  them 
to  a  certain  form.  But  this,  with  many  other  noble '(designs  of  diat 
wonderful  man,  was  prevented  by  his  death,  SmL  Jul.  44. 

Lex  JUNIA,  by  M .  Junius  Pennus,  a  tribune,  A.  U.  627,  about 
expelling  «foreigners  from  the  city.  See  p.  72.  Against  extortion, 
ordaining,  that  besides  the  litis  astimatio,  or  paying  the  estimate  of 
the  damages,  the  person  convicted  of  this  crime  should  suifer  ba- 
nishment,  Paterc.  il  8.     Cic.pro  Balb.  11. 

^Another,  by  M.  Junius  Silanus,  the  consul,  A.  U.  644.  about 

diminishing  the  number  of  campaigns  which  soldiers  should  serve, 
Ascon.  in  Cic»  pro  Cornel, 

Lex  JUNIA  LICINIA,  or  Junia  ei  Ltcmta,  A.  U.  691.  enforcing 
the  Didian  law  by  severer  penalties,  Cic.  Phil.  v.  3.  pro  Sexl.  64. 
f^atin.  14.  Ait.  iv.  16.  ii.  9. 

Lex  JUNIA  NORBANA,  A.  W  771.  concerning  the  manumis- 
sion of  slaves.    See  p.  44. 

Lex  IjABIENA,  A.  U.  691,  abrogating  the  law  of  Sylla,  and  re- 
storing the  Domitian  law  in  the  election  of  priests  ;  which  paved 
the  way  for  CsBsar's  being  created  Pontifex  Maximusj  Dio.  xxxvii. 
37.  By  this  law,  two  of  the  colleges  named  the  candidates,  and  the 
people  chose  which  of  them  they  pleased,  Cic.  Phil.  ii.  2. 

Lex  AMPLA  LABIENA,  by  two  tribunes,  A.  U.  663.  That  at 
the  Circensian  games,  Pompey  should  wear  a  golden  crown  and 
his  triumphal  robes  ;  and  in  the  theatre,  the  nrcetexta  and  a  golden 
crown  ;  which  mark  of  distinction  he*used  only  once.    Paterc.  ii.  40. 

Jjex  LiETORIA,  A.  U.  292.  That  the  plebeian  magistrates 
should  be  created  at  the  Comitia  Tributa^  Liv.  ii.  56.  57. 

Another,  A.  U.  490.  against  the  defrauding  of  minors,  (con- 
tra adolescentium  circumscriptionem,)  Cic.  Off.  iit  15.  By  this  law 
the  years  of  minority  were  Umited  to  twenty -five,  and  no  one  below 
that  age  could  make  a  legal  bargain,  (sttpulari,)  Plant.  Rud.  v.  3. 
25.  whence  it  is  called  Lex  Quina  vic£Nnaria,  Plant.  Pseud.  L  3. 
68. 

Leges  LICINLE,  by  P.  Licinius  Varus,  a  city  prffitor,  A.  U.  545, 
fixing  the  day  for  the  ludi  Apollinares,  which  before  was  uncertain, 
Liv.  xxvii.  23. 

by  C.  Licinius  Crassus,  a  tribune,  A.  U.  008.    That  the 

choice  of  priests  should  be  transferred  from  their  college  to  |he  peo- 
ple ;  but  it  did  not  pass,  Cic.  de  Amic.  25. 

This  Licinius  Crassus,  according  to  Cicero,  first  introduced  the 
custom  of  turning  his  face  to  the  Forum,  when  he  spoke  to  the  peo- 
ple, and  not  to  the  senate,  as  formerly,  (primum  instituit  in  Jorum 
versus  agtre  cum  populo,)  ibid.  But  Plutarch  says  this  was  first  done 
bv  Caius  Gracchus,  Plut.  in  Gracch. 

by  C.  Licinius  Stolo,  A.  U.  377.    That  no  one  should  pos- 


LAWS  OF  THE  ROMANS.  177 

sess  above  500  acres  of  land,  Liv.  vu  35.  nor  keep  more  than  100 
bead  of  great,  or  five  hundred  head  of  smalt,  cattle,  Appian.  de  Bell. 
Civ.  L  But  Licinius  himself  was  soon  after  punished  for  violating 
his  own  law,  Liv,  vii.  16. 

by  Crassus  the  orator,  similar  to  the  ^butian  law,  Cic,  pro 

Dom.  20. 

Lex  Lie  INI  A.  de  sodalUiis  et  de  amhiiu^  A.  U.  698.  against  bri- 
bery, and  assembling  societies  or  companies  for  the  purpose  of  can- 
vassiiig  for  an  office,  Ck,  pro  Plane  15. 16.  In  a  trial  for  this  crimOy 
and  for  it  only,  the  accuser  was  allowed  to  name  (edere)  the  jury- 
men (jvdices)  from  the  people  in  general,  (ex  omni  j^optJo^)  ibid.  17* 

Lex  LICINIA  sumptuaria,  by  the  consuls  P.  Licinius  Crassus  ihe 
Bkhf  and  Cn.  Lentulus,  A.  U.  656.  much  the  ^me  with  the  Fan* 
nian  law :  That  on  ordinary  days  there  should  not  be  more  served 
up  at  table  than  three  pounds  of  fresh  and  one  pound  of  salt  meat, 
{satsamenlorum  :)  but  as  much  of  the  fruits  of  the  ground  as  every 
one  pleased,  Macrob.  ii.  13.  Gell.  ii.  24 

Lex  LICINIA  CASSIA,  A.  U.  422.  That  the  legionary  tribunes 
should  not  be  chosen  that  year  by  the  people,  but  by  the  consuls  and 
prsBtors,  Liv.  xlii.  31. 

Lex  LICINIA  SEXTA,  A.  U.  377.  about  debt.  That  what  had 
been  paid  for  the  interest  (quod  usuris  pernwneratum  esset)  should 
be  deducted  from  the  capital,  and  the  remainder  paid  in  three  years 
by  equal  poitions,  Liv.  vi.  35.  That  instead  of  Duumviri  for  per- 
forming sacred  rites.  Decemviri  should  be  chosen,  part  from  the 
patricians,  and  part  from  the  plebeians,  Liv.vi.  11.  That  one  of 
the  consuls  should  be  created  from  the  plebeians,  ibid.  vi.  35.  See 
p.  104. 

Lex  LICINIA  JUNIA,  or  Junia  et  Licinia,  by  the  two  consuls, 
A.  U.  691.  enforcing  the  lex  Cicilia  Didia,  Cic.  in  Vat.  14.  whence 
'  both  laws  are  often  joined,  Cic.  Phil.  v.  3.  pro  Sext.  64.  jIU.  ii.  9. 
iv.  16. 

Lex  LICINIA  MUSI  A,  A.  U.  658.  That  no  one  should  pass 
for  a  citizen  who  was  not  so,  Cic  Off.  iii.  11.  pro  Balb.  21.  24. 
which  was  one  principal  cause  of  the  Italic  or  Marsic  wars,  Ascon. 
in  Cic.  pro  Cornel.  * 

Leges  LIYJiE,  proposed  by  M.  Livius  DRUSUS,  a  tribune,  A. 
U.  662,  about  transplanting  colonies  to  different  places  in  Italy  and 
Sicily,  and  granting  corn  to  poor  citizens  at  a  low  price ;  and  also 
that  the  judices  should  be  chosen  indifferently  from  the  senators  and 
eqtdteSf  and  that  the  allied  states  of  Italy  should  be  admitted  to  the 
freedom  of  the  city. 

Drusus  was  a  man  of  sreat  eloquence,  and  of  the  most  upright  in- 
tentions ;  but  endeavourmg  to  reconcile  those,  whose  interests  were 
diametrically  opposite,  he  was  crushed  in  the  attempt ;  being  mur* 
dered  by  an  unknown  assassin  at  his  own  house,  upon  his  return 
from  the  Forum,  amidst  a  number  of  clients  and  friends.  No  in- 
quiry was  made  about  his  death.  The  states  of  Italy  considered 
this  event  as  a  signal  of  revolt,  and  endeavoured  to  extort  by  force 

23 


178  ROMAN  ANTIQUITIES. 

'  what  they  could  not  obtain  voluntarily.  Above'300,000  men  feH  in 
the  contest  in  the  space  of  two  years.  At  last  the  Romans,  althoueh 
upon  the  whole  they  had  the  advantage,  were  obliged  to  grant  the 
freedom  of  the  city,  first  to  their  allied,  and  afterwards  to  all  the 
states  of  Italy,  Appian.  de  Bell.  Civ.  i.  373.  ^c.  Veil.  Pat.  ii.  15.  Liv. 
EpU.  71.  Cic.  Brut.  28.  49.  62.  pro  Rabir.  7.  Plane.  14.  Dom.  19. 

This  Dnisus  is  also  said  to  have  got  a  law  passed  for  mixing  an 
eighth  part  of  brass  with  silver,  Plin.  xxxiii.  33. 

But  the  laws  of  Drusus  {leges  Livice,)  as  Cicero  says,  were  soon 
abolished  by  a  shert  decree  of  the  senate,  {uno  versiculo  setiatii9 
puncto  temporis  sublala  sunt^  Cic.  de  legg.  ii.  6.  Decrevit  enim  senor 
tu9  PhtUppo  cos^  referenle^  Contra  auspicia  latas  vidbri.) 

Drusus  was  grandfather  to  Livia,  the  wife  of  Augustus,  and  mo- 
ther of  Tiberius. 

Lex  LUTATIA,  de  vi,  by  Q.  Lutatius  Catulus,  A.  U.  675. 
That  a  person  might  be  tried  for  violence  on  any  day,  Cic.  pro  CceL 
i.  29.  festivals  not  excepted,  on  which  no  trials  used  to  be  held,  Cic, 
Act.  in  Verr.  10. 

Lex  MiENIA,  by  a  tribune,  A.  U.  467.  That  the  senate  shoald 
ratify  whatever  the  people  enacted,  Cic.  in  Brut.  14.     See  p.  25. 

Lex  MAJESTATIS,  for  punishing  any  crime  against  the  people, 
and  afterwards  against  the  emperor,  Cornelia,  4rc.  Cic.  in  Pis.  21. 
Tacit.  Ann.  iv.  34. 

Lex  MAMILIA,  de  limitibus  vel  de  regundis finibus  agrorvm^  for 
regulatins  the  bounds  of  farms ;  whence  the  author  of  it,  C.  Mami- 
lius,  a  tribune,  A.  U.  642.  got  the  surname  of  Lihitanus.  It  or- 
dained, That  there  should  be  an  uncultivated  space  of  five  feet  broad 
left  between  farms ;  and  if  any  dispute  happened  about  this  matter, 
that  arbiters  should  be  appointed  by  the  prsetor  to  determine  it. 
The  law  of  the  Twelve.  Tables  required  three,  Cic.  de  legg.  i.  21. 

^Another,  by  the  same  person,  for  punishing  those  who  had 

received  bribes  from  Jugurtha,  Sail.  Jug.  40. 

Lex  MANILIA,  for  conferring  on  Pompey  the  command  of  the 
war  against  Mithridates,  proposed  by  the  tribune  C.  Manilius,  A.  U. 
687.  and  supported  by  uicero  when  praetor,  de  leg.  Manil.  and  by 
Caesar,  from  different  views ;  but  neither  of  them  was  actuated  by 
laudable  motives,  Dio.  xxxvi.  26. 

^ ^Another  by  the  same.  That  freedmen  might  vote  in  all  the 

tribes,  Cic.  pro  Mir.  23.  whereas  formerly  they  voted  in  some  one 
of  the  four  city  tribes  only.  (See  p.  88.)  But  this  law  did  ROt 
pass,  Ascan.  in  Cic.  pro  Cornel. 

Leges  MANILIAN^  venalium  vendendorum^  not  properly  laws, 
but  regulations  to  be  observecl  in  buying  and  selling,  to  prevent 
fraud,  Qc.  de  Orat.  I  5.  58.  called  by  Varro  ACTIONES,  de  Re 
Rust.  ii.  5. 11.  They  were  composed  by  the  lawyer  Manilius,  who 
was  consul  A.  U.  603. 

The  formalities  of  buying  and  selling,  were  by  the  Romans  used 
in  their  most  solemn  transactions ;  as,  m  emancipation  and  adoption f 
marriage  and  testaments ,  in  transferring  property^  &c. 


LAWS  OP  THE  ROMANS.  17» 

liix  MANLIA9  by  a  tribune,  A.  U.  558.  aboat  •reatiog  the  7Vt- 
mmviri  Epulones^  Liv.  xxxiii.  42.  Cic.  de  Oral.  iii.  19. 

« tfe  VicEsiMA,  by  a  consul,  A.  U.  396.  Liv.  vii.  16.    See  p.  62. 

Ltx  MARCIA9  by  Marcius  Sensorinus,  that  no  one  should  be 
made  a  censor  a  second  time,  Plutarch,  in  CorioL 

— — de  Statiellatibus  vel  Siatiellis^  that  the  senate  upon  oath 
should  appoint  a  peVson  to  enquire  into,  and  redress  the  injuries  of 
the  StcUieili  or  -ates^  a  nation  of  Liguria,  Liv.  xlii.  21. 

Lex  MARIA,  by  C.  Marius,  when  tribune,  A.  U.  634.  about  mak- 
ing the  entrances  to  the  Ovilia  (pontes)  narrower,  Cic.  de  legg,  iii.  i7. 

Lex  MARIA  PORCIA,  by  two  tribunes,  A  U.  691.  That  those 
commanders  should  be  punished,  who,  in  order  to  obtain  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  the  city,  they  should  swear  before  the  city  quaes- 
tors  to  the  truth  of  the  account  whioh  t)iey  had  sent,  Valer.  Max. 
u.  8.  1. 

Lex  MEMMIA  vel  REMMIA ;  by  whom  it  was  proposed,  or  in 
what  year,  is  uncertain.  It  ordained,  That  an  accusation  should 
not  be  admitted  against  those  who  were  absent  on  account  of  the 
public,  Valer.  Max.  iii.  7.  9.  Suet.  Jul.  23.  '  And  if  any  one  was 
convicted  of  false  accusation,  (ca/umni^,)  that  he  should  be  branded 
on  the  forehead  with  a  letter,  Cic.  pro  Rose.  Am.  19.  20.  probably 
with  the  letter  K,  as  anciently  the  name  of  this  crime  was  written 
Kalumnia. 

Lex  MENENIA,  A.  U.  302.  That  in  imposing  fines,  a  sheep 
should  be  estimated  at  ten  asses,  and  an  ox  at  one  hundred,  Fesius 
in  Pkculatus. 

Lex  MENSIA,  That  a  child  should  be  held  as  a  foreigner  if  ei- 
ther of  the  parents  was  so.  But  if  both  parents  wece  Romans  and 
married^  children  always  obtained  the  rank  of  the  father,  (vatrem 
Mequuntur  liberie  Liv.  iv.  4.)  and  if  unmarried,  of  the  mother,  Ulpian. 

Lex  METILIA,  by  a  tribune,  A.  U.  516.  That  Minucius,  mas- 
ter of  horse,  should  have  equal  command  with  Fabius  the  dictator, 
Liv.  xxii.  25.  26. 

Another,  as  it  is  thought  by  a  tribune,  A.  U.  535.  giving  di* 

rectors  to  fullers  of  cloth  ;  proposed  to  the  people  at  the  desire  of 
the  censors,  {quam  C.  Flaminius  L.  JEmilius  censor ts  dedire  adpo* 
pultun  ferendam,)  Plin.  xxxv.  17.  s.  57. 

4. Another,  by  Metellus  Nepos,  a  prstor,  A.  U.  694.  about 

freeing  Rome  and  Italy  from  taxes,  («Xij,  vectigalia,)  Dio.  xxxvii. 
51.  probably  those  paid^for  goods  imported,  {portoriumj)  Cic.  Att. 

ii.  16. 

Leges  MILITARES,  regulations  for  the  array.  By  one  of  these 
it  was  provided,  That  if  a  soldier  was  by  chance  enlisted  into  a  le- 
gion commanded  by  a  tribune,  whom  he  could  prove  to  be  inimical 
to  him,  he  might  go  from  that  legion  to  another,  Cic.  pro  Flacco.  32. 

Lex  MINUCIA,  de  triumviris  mensariis^  by  a  tribune,  A.  U.  537.    _ 
about  appointing  bankers  to  receive  the  public  money,  Liv.  xxxiii.  21, 


180  ROMAN  ANTlQtJITIES. 

I 

Leges  NUMiE,  laws  of  king  Numa,  mentiooed  by  different  au- 
thors :  That  the  gods  should  be  worshipped  with  corn  and  a  sahed 
cake,  {fruge  et  salsa  mola)  Plin.  18.  2.  That  whoever  knowingly 
killed  a  free  man,  should  be  held  as  a  parricide,  Festus  in  Qua:sto- 
RB8  PA,aRiciDu :  That  no  harlot  should  touch  the  altar  of  Juno ; 
and  if  she  did,  that  she  should  sacrifice  a  ewe  lamb  to  that  goddess 
with  dishevelled  hair,  Id.  in  Pellicbs,  Geli.  iv.  3.  That  whoever 
removed  a  landmark  should  be  put  to  death,  (qui  ierminurii  exar^ 
Assets  et  ipsum  et  boves  sacros  esse.^)  Fest.  in  Termino  :  That  wine 
should  not  be  poured  on  a  funeral  pile,  Plin.  xiv.  12.  &c. 

Lex  OCTAYIA  fnimentaria^  by  a  tribune,  A.  U.  633.  abrogat- 
ing the  Sempronian  law,  Cic.  in  BrxiL  62.  and  ordaining,  as  it  is 
thought,  that  corn  should  not  be  given  at  so  low  a  price  to  the  peo» 
pie.     It  is  greatly  commended  by  Cicero,  Off.  ii.  21. 

Lex  OGULNIA,  by  two  tribunes,  A.  U.  453.  That  the  number  of 
.  ihi^pontijices  should  be  increased  to  eight,  and  of  the  augurs  to  nine  ; 
and  that  four  of  the  former,  and  five  of  the  latter,  should  be  chosen 
from  the  plebeians,  Liv,  x.  6.  9. 

Lex  OPPIA.  by  a  tribune,  A.  U.  540.    That  no  woman  should 

have  in  her  dress  above  half  an  ounce  of  gold,  nor  wear  a  garment 

of  different  colours,  nor  ride  in  a  carriage  in  the  city,  or  in  an^ 

^  town,  or  within  a  mile  of  it,  unless  upon  occasion  of  a  public  sacn- 

fice,  Liv.  xxxiv.  1.  Tacit.  Ann.  iii.  33. 

Lex  OPTIMA,  a  law  was  so  called  Ivhich  conferred  the  most 
complete  authority,  Festus  in  voce,  as  that  was  called  optimum  jus 
which  bestowed  complete  property. 

Lex  ORCHIA,  by  a  tribune,  A.  U.  566.  limiting  the  number  of 
guests  at  an  entertainment,  Fest.  in  Opsokita  verb,  Jtfacro6.  Sat.iu  13. 

Lex  OVINIA,  That  the  censors  should  choose  the  most  worthy 
of  all  ranks  into  the  senate^  Festus  in  Prjeteriti  Sbnatorks. 
Those,  who  had  borne  offices,  were  commonly  first  chosen ;  and 
that  all  these  might  be  admitted,  sometimes  more  than  the  limited 
number  were  elected,  Dio.  xxxvii.  46. 

Lex  PAPIA,  by  a  tribune,  A.  U.  688.  that  foreigners  should  be 
expelled  from  Rome,  and  the  allies  of  the  Latin  name  forced  to  re- 
turn to  their  cities,  Cic.  Off.  iii.  IL  pro  Balb.  23.  Arch.  5.  Att.  iv. 
16.  Dio.  xxxvii.  9. 

Lex  PAPIA  POPPiE A,  about  the  manner  of  choosing  (capienda) 
vestal  virgins,  Gell.  i.  12.  The  author  of  it,  and  the  times  when  it 
passed,  are  uncertain. 

Lex  PAPIA  POPPiEA,  de  maritandis  ordinibus,  proposed  by  the 
consuls  Papius  and  Poppseus  at  the  desire  of  Augustus,  A.  U.  7^ 
enforcing  and  enlarging  the  Julian  hw,  Tacit.  Ann.  iii.  25.  28.  The 
end  of  it  was  to  promote  population,  and  repair  the  desolation  oc- 
casioned by  the  civil  wars.  It  met  with  great  opposition  from  the 
nobility,  and  consisted  of  several  distinct  particulars,  (LexSatura.) 
It  proposed  certain  rewards  to  marriage,  and  penalties  against  ce- 
libacy, which  had  always  been  much  discouraged  in  the  Roman 
state,  Val.  Max.  il.  9.  Liv.  xlv.  15.  Epit.  59.  Suet.  Aug.  34  &  89. 


LAWS  OP  THE  ROMANS.  181 

jbio.  Ivi.  3.  4. :  Gtll.  I.  6.  v.  19.  and  yet  greatly  prevailed,  ihid,  ^ 
Plin.  xiv,  proam.  Senec.  consol  ad  Marc,  1 9.  for  reasons  enumerated. 
Plant.  ML  iii.  185.  111.  &c.  Whoever  in  this  city  had  three  chil- 
dren,  in  the  other  parts  of  Italy  four,  and  in  the  provinces  five,  was 
entitled  to  certain  privileges  and  immunities.  Hence  the  famous 
JUS  TRIUM  LIBERORUM,  so  often  mentioned  by  Pliny,  Mar- 
tial,  &;c.  which  used  to  be  granted  also  to  those  who  had  no  cnildren, 
first  by  the  senate,  and  afterwards  by  the  emperor,  Plin,  Ep.  ii.  13. 
X.  2.  96.  Martial,  ii.  x.  91.  92.  not  only  to  men,  but  likewise  to  wo- 
men, Dio.  Iv.  2.  Suet.  Claud.  19.  Plin.  Epist.  ii.  13.  vii.  16.  i.  2. 95. 
96.  The  privileges  of  having  three  children  were,  an  exemption 
from  the  trouble  of  guardianship,  a  priority  in  bearing  ofllices,  Plin. 
Ep.  viiil  16.  and  a  treble  proportion  of  corn.  Those  who  lived  in 
celibacy  could  not  succeed  to  an  inheritance,  except  of  their  near- 
est relations,  unless  they  married  within  100  days  after  the  death  of 
the  testator :  nor  receive  an  entire  legacy,  (legation  omne,  vel  soli' 
dum  capere.)  And  what  they  were  thus  deprived  of,  in  certain  cases 
fell  as  an  escheat  {caducum)  to  the  exchequer  {fisco)  or  princess 
private  purse,  Juvenal,  ix.  88.  &c. 

Lex  PAPIRIA,  by  a  tribune,  A.  U.  563.  diminishing  the  weight 
( of  the  as  one  half,  Plin.  xxxiii.  3. 

^by  a  praetor,  A.  U.  421.  granting  the  freedom  of  the  city 

v^ithout  the  right  of  voting  to  the  people  of  Acerra,  Liv.  viii.  17. 

by  a  tribune,  the  year  uncertain,  That  no  edifice,  latid,  or 

altar  should  be  consecrated  without  the  order  of  the  people,  Cic.pro 
Dom.  49. 


^A.  U.  325.  about  estimating  fines^  Liv.  iv.  30.  probably  the 

same  with  Lex  Menenia. 

^That  no  one  should  molest  another  without  cause,  Fest.  in 

Sacramentuh. 

by  a  tribune,  A.  U.  823.  That  tablets  should  be  used  in  pass- 
ing laws,  Cic.  de  legg.  iii.  16. 

^by  a  tribune,  A.  U.  623.  That  the  people  might  re-elect  the 

same  person  tribune  as  often  as  they  chose ;  but  it  was  rejected, 
Cic.  de  JImic.  25.  Liv.  Epit.  59. 

Instead  of  Papirius,  they  anciently  wrote  Papisius,  Cic.  Fam.  ix. 
21.  So  Vdlesius  for  Valerius^  Auselius  for  Aurelius^  &c.  Varro.  de 
Lat.  ling.  i.  6.  Festus.  Quinctil.  i.  4.  Ap.  Claudius  is  said  to  have 
invented  the  letter  R,  probably  from  his  first  using  it  in  these  words, 
D.  i.  2.  2.  86. 

Lex  PEDIA,  by  Pedius  the  consul,  A.  U-  710.  decreeing  banish- 
ment  against  the  murderers  of  Csesar,  Veil.  Pat.  ii.  69. 

Lex  PEDUCiEA,  by  a  tribune,  A.  U.  640.  against  incest,  Cic.  de 
J^at.  Dear.  iii.  30. 

Lex  PERSOLONIA,  or  Pi8%dama^  That  if  a  quadruped  did  any 
hurt,  the  owner  should  either  repair  the  damage,  or  give  up  the 
beast,  Paull.  Sent.  i. 

Lex  PiETELIA  de  ambitu,  by  a  tribune,  A.  U.  397.  That  can- 


1^3  ROMAN  ANTIQUITIE& 

didates  should  not  go  round  to  fairs  and  other  public  meetings,  for 
the  sake  of  canvassing,  Liv.  vii.  15. 

de  Nexis,  by  the  consuls,  A.  U;  429.  That  no  one  should  be 

kept  in  fetters  or  in  bonds,  but  for  a  crime  that  deserved  it,  and  that 
only  till  he  suffered  the  punishment  due  by  law :  That  creditors 
flhould  have  a  right  to  attach  the  goods,  imd  not  the  persons  of  their 
debtors,  Liv.  viii.  28. 

de  PficuLATu,  by  a  tribune,  A.  U.  566.  That  inquiry  should 

be  made  about  the  money  taken  or  exacted  from  king  Antiochus 
and  bis  subjects,  and  how  much  of  it  had  not  been  brought  into  the 
public  treasury,  Liv.  xxxviii.  54. 

Lex  PETREIA,  by  a  tribune,  A.  U.  668.  That  mutinous  soUiers 
should  be  decimated,  i.  e.  That  every  tenth  man  should  be  selected 
by  lot  for  punishment,  JJppian,  de  Bell.  Civ.  ii.  p.  457, 

Iax  PETRONIA,  by  a  consul,  A.  U.  813.  prohibiting  masters 
from  compelling  their  slaves  to  fight  with  wild  beasts,  Modtstin.  ad 
leg.  Cornel,  de  sicar. 

Lex  PINARIA  ANN  ALTS,  by  a  tribune,  A.  U.  622.  What  H 
was  isuggertain,  Cic.  de  Orat.  ii.  65. 

Lex  PLAUTIA  vel  PLOTIA,  by  a  tribune,  A.  U.  664.  That  the 
judices  should  be  chosen  both  from  the  senators  and  equites  ;  and 
some  also  from  the  plebeians.  By  this  law  each  tribe  chose  anna* 
ally  fifteen  (qninos  denos  suffragio  creabant,)  to  he  judices  for  thai 
year,  in  all  525.  Some  read  quinos  creabani ;  thus  making  them  the 
same  with  the  Centum viri,  Ascon.  in  Cic. pro  Cornel. 

PLOTIA  de  pi,  against  violence.     Cic.  pro  Mil.  13.  Fam. 

viii.  8. 

Lex  POMPEIA  de  vi,  by  Pompey,  when  sole  consul,  A.  U.  701. 
That  an  inquiry  should  be  made  about  the  murder  of  Clodius  and 
the  Appian  way,  the  burning  the  senate-house,  and  the  attack  made 
on  the  house  of  M.  Lepidus  the  interrex,  Cic.  pro  Mil.  et  Ascon. 

de  Am B ITU,  against  bribery  and  corruption  in  elections,  with 

the  infliction  of  new  and  severer  punishments,  ibid.  Dio.  xxxix.  37. 
xL  52. 

By  these  laws  the  method  of  trial  was  altered,  and  the  lensth  of 
them  limited  :  Three  days  were  allowed  for  the  examination  of  wit- 
nesses, and  the  fourth  for  the  sentence  ;  on  which  the  accuser  was 
to  have  two  hours  only  to  enforce  the  charge  ;  the  criminal  three 
for  his  defence,  ibid.  This  regulation  was  considered  as  a  restraiot 
on  eloquence,  Dialog,  de  orator.  38. 

Lex  POMPEIA,  judiciaria,  by  the  same  person ;  retaining  the 
Aurelian  law,  but  ordaining,  That  the  jtuficc;  should  be  chosen  from 
those  of  the  highest  fortune,  (ex  amplissimo  censu^  in  the  diflerent 
orders,  Cic.  in  Pis.  39.  Phil.  i.  8.  Ascon.  in  Cic. — Quam  injudice  et 
)ectari  deberet,  et  dignitas,  Cic.  Phil.  i.  20. 
CoMiTiis,  That  no  one  should  be  allowed  to  stand  candi- 
date for  an  office  in  his  absence.  In  this  law  Julius  Caesar  was  ex- 
pressly excepted,  Suet,  Jul.  28.  Dio.  xl.  66.  Appian.  de  Bell.  Civ.  IL 
p.  442.  Cic.  Ati.  vui.  3.  Phil.  ii.  10. 


fortuna  sm 
ae 


LAWS  OF  THE  ROMANS.  183 

repetunJiSf  Appian.  B.  Civ.  ii.  441. — De  parricidiSf  I.  i. 

The  regulations  which  Pompey  prescribed  to  the  Bithyaians,  were 
abo  called  Lex  POMPEIA,  Plin.  Epist.  x.  83. 113.  115. 

Lex  POMPEIA  de  civitate^  by  Cn.  Pompeius  Strabo,  the  consuir 
A.  U.  665.  granting  the  freedom  of  the  city  to  the  Itdians,  and  the 
Oalli  Cispaaani,  Plin.  iii.  20. 

Lex  POPILIA,  about  choosing  the  yesfal  vii^ns,  GelL  h  12. 

Lex  PORCIA,  by  P.  Porcius  LsBca,  a  tribune,  A.  U.  454.  That 
no  one  should  bimi,  scouige,  or  kill  a  Roman  citizeni  Lh,  x.  9.  Cic. 
pro  Rabir,  perd.  3.  4.  Ferr.  v.  63.  SallusL  Cat.  51. 

Lex  FUBLICIA,  vel  Publicia  de  lusu,  against  playing  for  money 
at  any  game  but  what  required  strength,  as,  shooting ^  runnings  leap- 
ingf  &C.  k  3,  D.  de  aleat. 

Lex  PUBLILIA.    See  p.  25.  90. 

Lex  PUPIA,  by  a  tribune,  That  the  senate  should  not  be  held  on 
comitial  days,  (Die.  ad  fratr.  ii.  2.  13.  and  that  in  the  month  of  Fe- 
bruaiy  their  first  attention  should  be  paid  to  the  hearing  of  embas- 
sies, die.  Fam,  i.  4. 

Zrcx  QUINCTIA,  A.  U.  745.  about  the  punishment  of  those  who 
hurt  or  spoiled  the  aqueeducts  or  public  reservoirs  of  water,  Frontin. 
de  aqiuBduct. 

Lex  RE6IA,  conferring  supreme  power  on  Augustus.    See  p.  29, 

Lex  REMMIA ;  see  lex  MEMMIA. 

Leges  REGIME, laws  made  by  the  kings,  Cic,  Tusc,  qumst.  iii.  I. 
which  are  said  to  have  been  collected  by  Papirius,  or,  as  it  was  an- 
ciently written,  Papisius,  Cic.  Fam.  ix.  21.  soon  after  the  expulsion 
of  Tarquin,  Dionys.  iii.  36.  whence  they  were  called  jus  civile  PA- 
PIRIANUM ;  and  some  of  them,  no  doubt,  were  copied  into  the 
Twelve  Tables. 

Lex  RHODIA,  containbg  the  regulations  of  the  Rhodians  con- 
cerning naval  affairs,  (which  Cicero  greatly  commends,  pro  leg. 
MdniL  18.  and  Strabo,  lib.  14.)  supposed  to  have  been  adopted  by 
the  Romans.  But  this  is  certain  only  with  respect  to  one  clause,  ae 
jactu^  about  throwing  goods  overboard  in  a  storm. 

Leges  de  REPETUNDIS ;  Acilia,  Calpumia,  Ccscilia,  Cornelia^ 
Julia^  Junia^  Pompeia^  Servilia. 

Lex  ROSCIA  theatralis,  determining  the  fortune  of  the  equites, 
and  appointing  them  certain  seats  in  the  theatre,  (see  p.  3L)  Cic. 
pro  Muran.  19.  Juvenal,  xiv,  323.  Liv.  Epit.  99.  Mart.  v.  8.  Dio. 
xxxvi.  25.  By  this  law,  a  certain  place  in  the  theatre  was  assigned 
to  spendthrifts,  {decoctoribus^)  Cic.  Phil.  ii.  18.  The  (mssing  of  thiis 
law  occasioned  great  tumults,  which  were  allayed  by  the  eloouence 
of  Cicero  the  consul,  Cic.  Att.  ii.  1.  PlvA.  in  Cic.  to  which  Vu-gil  is 
supposed  to  allude,  Mn.  i.  125. 

Lex  RUPILIA,  or  more  properly  decretum^  containing  the  regu- 
lations prescribed  to  the  Sicilians  by  the  Praetor  Rupilius,  with  the 
advice  of  ten  ambassadors,  Cic.  Verr.  ii.  13.  15.  according  to  a  de- 
cree of  the  senate.  Id.  16. 


184  ROMAN  ANTIQUITIES. 

Leges  SACRATiE  :  Various  laws  were  called  by  that  nanie, 
chiemr  those  concerning  the  tribunes,  made  on  the  Mons  Socer,  Cic 
pro  Cornel,  because  the  person  who  violated  them  was  consecrated 
to  some  god»  Festxis.  Cic.  de  Ojffic.  iii.  31.  pro  Balb.  14.  15.  Legg.  iu 
7.  Liv,  ii.  8.  33. 54.  iii.  55.  xxzix.  5.  There  was  also  a  Lex  sacrata 
MILITARISE  That  the  name  of  no  soldier  should  be  erased  from  the 
muster-roll  without  his  own  consent,  Liv.  yii.  41.  So  among  the 
^qui  and  Volsci,  Liv^  iv.  26.  the  Tuscans,  ix.  39.  the  Ligures,  Liv. 
xxxvi.  3.  and  particularly  the  Saronites,  ix.  33.  among  whom,  those 
were  called  Sacrati  mililes^  who  were  enlisted  by  a  certain  oath 
and  with  particular  solemnities,  x.  48. 

Ltx  SATURA,  was  a  law  consisting  of  several  distinct  particu- 
lars of  a  different  nature,  which  ought  to  have  been  enacted  sepa- 
rately, FtStUB. 

Lex  SCATINIA,  vel  Scantinia  de  nefandavenere^  by  a  tribune,  the 
year  uncertain,  against  illicit  amours,  Cic.  Fam.  viiu  14.  Phil,  iii.  6. 
Juvenal,  ii.  43.  The  punishment  at  first  was  a  heavy  fine,  Quinetil. 
iv.  2.  vii.  4.  Suet.  Domit.  8.  but  it  was  afterwards  made  capital. 

Lex  SCRIBONIA,  by  a  tribune,  A.  U.  601.  about  restoring  the 
Ltuitani  to  freedom,  Liv.  Epit.  49.  Cic.  in  Brut.  23. 

Another,  de  servitutum  usucapionibus^  by  a  consul  under  Au- 
gustus, A.  U.  719.  That  the  ri^ht  of  servitudes  should  not  be  ac- 
Quired  by  prescription,  /.  4.  D.  de  Usucap.  which  seems  to  have  been 
the  case  in  the  time  of  Cicero,  pro  Ccecin.  26. 

Leges  SEMPRONIiE,  laws  proposed  by  the  Gracchi,  Ctc.  Phil. 
i.  7. 

1.  TIB.  GRACCHI  Agraria,  by  Tib.  Gracchus,  A.  U.  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,  Liv.  Epit.  58.  Plut.  in 
Oracch.  6. 837.  Appian.  de  BelL  Civ.  i.  355. 

■  ■  ae  CiviTATE  Italis  danda,  That  the  freedom  of  the  state 
should  be  given  to  all  the  Italians,  Paterc:  ii.  2.  3. 

de  HiERBDiTATE  ATTALi,  That  the  money  which  Attains  had 

left  to  the  Roman  people,  should  be  divided  among,  those  citizens, 
who  jTOt  lands,  to  purchase  the  instruments  of  husbandry,  Liv,  Epit. 
58.  Plut.  in  Gracch. 

These  laws  excited  great  commotions,  and  brought  destruction  on 
the  author  of  them.  Of  course  they  were  not  put  in  execution* 
ibid. 

2.  C.  GRACCHI  Frumentaria,  A.  U.  628.  That  corn  should 
be  given  to  the  poor  at  a  triens  and  a  semtj,  or  at  |f  of  an  as,  a  mo" 
diuSf  or  peck ;  and  that  money  should  be  advanced  from  the  public 
treasury  to  purchase  corn  for  that  purpose.  The  granaries  in  which 
this  com  was  kept,  were  called  Horrea  Sem proivia,  Cic.  pro  Sext. 
48.  Tuscul.  QtuBst.  iii.  20.  Brut.  62.  Off.  ii.  21.  Liv.  Epit.  58.  60. 

Note.    A  triens  and  semis  are  put  for  a  dextans,  because  the  Ro- 
mans  had  not  a  coin  of  the  value  of  a  dextans. 
de  Provinciis,  That  the  provinces  should  be  appointed  for 


LAWS  OtF  THB  EOMANS.  |89 

the  eoDBuIf  every  year,  before  their  eiectioD,  Cic.  de  Prov.  Com.  % 
pr9  Balb.  27.  Dom.  9.  Fam.  I  7. 

— --de  Capitb  civiuM,  Thai  seiUence  should  not  be  passed  on  the 
life  of  a  Roman  citizen  without  the  order  of  the  people,  Cic.  pro  jBa- 
fctr.  4    Verr.  v.  63.  in  CaL  iv-  5. 

de  Maoistratibus,  That  whoever  was  deprived  of  his  office 
by  the  people,  should  ever  after  be  incapable  of  enjoying  any  olhert 
Plutarch,  in  Graccfu 

JaniciARiA,  That  the  judicts  should  be  cboaen  from  the 

updteg^  and  not  from  the  senators  as  form/erly,  Mppian.  de  BelL  Civ* 
i.  363.  Di0.  uxvL  88.  Cic.  Vtrr.  i.  13. 

^Against  corruption  in  thejudicesj  (Ncauis  juwcio  ciacnM** 

VBiriftBTua,)  Cic.  pro  Cluent.  55.  Sylla  afterwards  included  this  in 
his  law  defalso. 

de  Centuriis  bvocandis.  That  it  should  be  detenoined  by 

lot  in  what  order  the  centuries  should  vote,  SallusU  ad*  Cas»  de  Rep. 
Ord.     Seep.  84. 

de  MiUTJBus,  That  clothes  should  be  offered  to  aoldiers 

by  the  public,  and  that  no  deduction  should  be  made  on  that  acoounl 
fit>m  their  pay ;  also,  That  no  one  should  be  forced  lo  eoliflt  below 
the  age  of  seventeen,  Plutarch,  in  Gracch* 

de  Vila  MUfticNDis,  about  paving  and  measuring  the  publi^i 

roads,  making  bridges,  placing  milestones,  and,  at  smaller  distancest 
atones  to  help  travellers  to  mount  their  horses,  ibid,  for  it  appear! 
the  ancient  Romans  did  not  use  stirrups ;  and  there  were  woodea 
horses  pfaiced  in  the  Campus  Martiu*^  where  the  youth  miffht  be 
trained  to  mount  and  dismount  readily,  VegeL  i.  18.  Thus  Viigil> 
Corpora  saltu  subjiciunt  in  equos^  Mu.  xii.  288. 

Caius  Gracchus  first  introduc^  the  custom  of  walking  or  movii^g 
about,  while  haranguing  the  people,  and  of  exposing  the  right  arm 
bare,  Dio.  Fragm,  xxxiv.  90.  which  the  ancient  IU>mans,  as  the 
Greeks,  used  to  keep  within  their  robe,  {vestt  continere,)  QuinctU* 
xi.  a  138. 

Lex  8£MPRONIA  de/anore^  by  a  tribune,  long  before  the  time 
of  the  Gracchi,  A.  U.  560.  That  the  interest  of  money  should  be 
regulated  by  the  same  laws  amon^  the  allies  and  Latins  as  funoi^ 
Roman  citizens.  The  cause  of  this  law  was  to  check  the  fraud  of 
usurers,  who  lent  their  money  in  the  name  of  the  allies,  {in  9ocio$ 
nomtna  transcrUfehant,)  at  higher  interest  than  was  allowed  at  Rome, 
Liv.  XXXV.  7. 

Lex  SERYILIA  Aoraria,  by  P.  Servilius  Rullus,  a  tribune,  A* 
U.  690.  That  ten  commissioners  should  be  created  with  absolute 
power  for  five  years,  over  all  the  revenues  of  the  republic ;  to  buy 
and  sell  what  lands  they  thought  fit,  at  what  price,  and  from  whom 
they  chose ;  to  distribute  them  at  pleasure  to  the  citizens ;  to  setde 
new  colonies  wherever  they  judged  proper,  and  particularly  in  Cam* 
pania,  &;c.  But  this  law  was  prevented  from  being  passed  by  the 
eloquence  of  Cicero  the.  consul,  Cic.  in  Rail. — in  AV«  2. 

— de  CiviTATs,  by  C.  Servilius  Glaucia,  a  pr»tor,  A*  U.  6^* 

24 


186  ROMAN  ANTIQUITIES. 

Tiiat  if  iiBy  of  the  Latin  allies  acciuedia  Roman  senator,  and  got 
him  condemned,  he  should  obtain  the  same  place  among  the  dtizens 
which  the  criminal  had  held,  Ctc  pro  Balb.  24 

de  RfiPBTUNDis,  by  the  same  person,  ordaining  severer  pe- 
nalties than  formerly  against  extortion^  and  that  the  defendant  should 
have  a  second  heanng,  (tii  rem  cwnptrtndinarttur^  Cic.  Yerr.  L  9. 
Rabir.  Posthum.  4. 

^— SERVILIA  JuDiciARiA,  by  Q.  Servilius  Ccepio,  A.  U.  647. 
That  the  right  of  judging,  which  had  been  exercised  by  the  equites 
alone  for  seventeen  years,  according  to  the  Sempronian  law,  should 
be  shared  between  the  senators  and  equites^  Cic  Brut«  43.  44. 86. 
de  Orat.  ii.  55.  Tacit  Annal.  xii.  60. 

Lex  SICINIA,  by  a  tribune,  A.  U.  663.  That  no  one  should 
contradict  or  interrupt  a  tribune  while  speaking  to  the  people.  Din 
w^»»  vii.  17. 

Lex  SILIA,  by  a  tribune,  about  weights  and  measures,  FesiuSf  in 

PUBLICA  PONDERA. 

Lex  SILVANI  et  CARBONIS,  by  two  tribunes,  A.  U.  664.  That 
whoever  was  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  prstor,  {apud  pratorem  pfofitereiur^  within  sixty  days^ 
he  should  enjoy  all  the  rights  of  a  Roman  citizen,  Cic.  pro  Arch.  4. 

Lex  SULPICIA  SEMPRONIA,  by  the  consuls,  A.  U.  449.  That 
no  one  should  dedicate  a  temple  or  altar  without  the  order  of  the 
senate,  or  a  majority  of  the  tribunes,  Liv.  ix.  46. 

jLex  SULPICIA,  bjr  a  consul,  A.  U.  553.  ordaining  war  to  be 
proclaimed  on  Philip  king  of  Macedon,  Liv.  xxxL  6. 

Leges  SULPICI^,  de  cere  alieno^  by  the  tribune  Serv.  Sulpicius^ 
A.  U.  665.  That  no  senator  should  contract  debts  above  2000  dena- 
rii :  That  the  exiles  who  had  not  been  allowed  a  trial,  should  be  re* 
called :  That  the  Italian  allies,  who  had  obtained  the  right  of  citi* 
sens,  and  had  been  formed  into  ei^t  new  tribes,  should  be  distri- 
buted through  the  thirty-five  old  tnbes :  Also,  that  the  manumitted 
slaves  {cives  libertini)  who  used  formerly  to  vote  only  in  the  four 
city  tribes,  m^ht  vote  in  all  the  tribes :  that  the  command  of  the 
war  against  Mithridates  should  be  taken  from  Sylla,  and  given  to 
Marius,  Plutarch,  in  Sylla  et  Mario;  Iad.  Epit.  77.  Ascon.  tn  Cic. 
Paterc.  iL  18. 

But  these  laws  were  soon  abrogated  by  Sylla,  who,  returning  to 
Rome  with  his  army  from  Campania,  forced  Marius  and  Sulpicius, 
with  their  adherents,  to  fly  from  the  city.  Sulpicius,  being  ibetrav- 
ed  by  a  slave,  was  brought  back  and  slain;  Sylla  rewarded  the 
slave  with  his  libertv,  according  to  promise ;  but  immediately^  after 
ordered  him  to  be  thrown  from  the  Tarpeian  rock  for  betraying  his 
master,  ibid. 

Leges  SUMPTUARIiE ;  Orchia,  Fatmia,  Didia,  Licinia,  Cor- 
rulittf  JEmilia^  Antia^  Julia. 

Leges  TABELLARIiE,  four  in  number    See  p.  85. 

Lex  TALARIA,  against  playing  at  dice  at  entertainments,  (ti^  nt 


LAWS  OF  THE  ROMANS.  187 

tegifntfidemfttciam  talaria^  that  I  may  not  break,  &c.)  PknU.  MU. 
Ghr.  u.  3.  9. 

Lex  TERENTIA  et  Cairia/mmentoria.    See  Iax  Ca$ria. 

Lex  TERENTIUA,  by  a  tribune,  A.  U.  291.  about  UmitiDg  the 
powers  of  the  consuls.  It  did  not  pass ;  but  after  p^eat  cootentioiM 
gave  cause  to  the  creation  of  the  aecemviri^  Ltv.  Hk  9.  10.  &c 

Leges  TESTAMENTARLE,  Cornelia,  Furia,  Foconia. 

Lex  THORIA  de  VecHgalihus,  by  a  tribune,  A.  U.  646.  That 
no  one  should  pay  any  rent  to  the  people  for  the  public  lands  in 
Italy  which  he  possess^,  (agrwn  publicum  vtciigah  levavit,)  Cic 
Brut  36.  It  also  contained  certain  regulations  wout  pasturage,  de 
OraL  iL  70.  But  Appian  gives  a  d^rent  account  of  this  bmt  de 
BelL  Civ.  i.  p.  366. 

Lex  TITLA  de  qtuBetoribue,  by  a  tribune,  as  some  think.  A,  U. 
448.  about  doubling  the  number  of  qusBstors,  and  that  they  shoukl 
determine  their  provinces  by  lot,  Cic.  pro  MunBn*  8. 

de  MuNBRiBUS,  affamst  receiving  money  or  presents  for 

pleading,  Jiuson.  Epigr.  w.  TadL  AnnaL  xi.  13.  wheie  some  read 
m  stead  of  Cinciamj  Titiatn. 

AoaAaiA,  what  it  was  is  not  known,  Cic  de  OraL  iL  IL  de 

^^gg-  ii-  6. 12. 

de  Lusu,  similar  to  the  Publidan  law. 

-de  TuTORiBus,  A.  U.  722,  the  same  with  the  Julian  law,  and. 


as  some  thiiik,  one  and  the  same  law,  Justin.  Insiit.  de  AtHl.  7W. 

Lex  TREBONIA,  by  a  tribune,  A.  U.  698.  assigning  provinces 
to  the  consuls  for  five  years ;  Spain  to  Pompey ;  Syria  and  the  Par- 
thian war  to  Crassus  ;  and  prolonging  Caesar^s  command  in  Gaul  for 
an  equal  time,  Dio.  xxzix.  33.  Cato,  for  opposing  this  law,  was 
led  to  prison,  Liv.  Epit.  104.  According  to  Dio,  he  was  only 
dragged  from  the  assembly,  xxxiz.  34. 

de  Tribunis,  A.  U.  305.  Uo.  iii.  64.  62.     See  p.  11& 

Lex  TRIBUNITIA,  either  a  law  proposed  by  a  tribune,  Cic.  m 
Rull.  ii.  8.  Liv.  iii.  56.  or  the  law  restoring  their  power,  Cic.  Actio 
prim,  in  Verr.  16. 

Lex  TRIUMPHALJS,  that  no  one  should  triumph,  who  had  not 
killed  5000  of  the  enemy  in  one  battle,  Vahr.  Max.  ii.  8. 

Lex  TULLIA  de  Ambitu,  by  Cicero,  when  consul,  A.  U.  690. 
adding  to  the  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  was  imposed  on  him  by  the  testament  of  a  friend, 
Cic.  Vat.  15.  Stxi.  64.  Mur.  32.  34.  &c. 

de  Leoationb  Libeba,  limiting  the  continuance  of  it  to  a 

year,  Cic.  de  Legg.  iii.  8. 

Lex  VALERIA  de  provocatione.     See  p.  98. 

de  FoRHiANis,  A.  U.  562,  about  giving  the  people  of  For- 

mi»  the  right  of  voting,  Liv.  xxxviii.  36. 

de  Sulla,  by  L.  Valerius  Flaccus,  interrex,  A.  U.  671.  cre- 
ating Sulla  dictator,  and  ratifying  all  his  acts,  which  Cicero  calls  the 


188  .^oi^iAxn  A:%lli^iJITIES: 

most  Unjudt  of  all  hwB,  Oc.  pro  RulL  iii.  3.  S.  Roic.  43.  de  Legg^ 
i.  15. 

4e  Qdadrantc,  by  L.  Valerius  Flaccos^  consul,  A.  U.  687. 

That  debtol*8  sh<nild  be  dischai^ged,  on  paying  one«fourth  of  tbeir 
debts,  Paitre.  ii.  23.    See  p.  47. 

Le«  VALERIA  HORATI A  ck  trihutU  Comtiis,  See  p.  S5.  De 
tribunis,  against  hurting  a  tribune,  Liv.  m.  55. 

Ltx  VARIA,  by  a  tribane,  A.  U.  662.  That  inquiry  riiouM  be 
nade  about  those,  by  whose  means  or  bdvioe  the  Italiiui  dlies  had 
taken  u|>  arms  nsainst  the  Roman  people,  Cic.  Brut.  96«  80.  Tiuc. 
QumH.  11. 24.  Veutr.  Max.  ▼.  2. 

LeSB  VATINIA  de  paovmciis.  See  p.  101. 
■'  de  altemis  consiiiis  rejiciendis^  That  in  a  trial  Tor  eztortioOr 
both  the  defendant  and  accuser  might  for  once  reject  all  the  judkes 
<ir  jnry ;  whereas,  formerly  they  could  reject  only  a  few,  whoae 
places  the  preetor  supplied  by  a  new  choice,  {stUfsortUtone^)  Cic  in 
Vat.  It. 

dt  Colon  1 8,  That  CiBsar  shodd  plant  a  colony  at  Ifovced^ 

mum  in  Cisalpine  Gaul,  Suet.  Jul.  28. 

Leges  DE VI,  Plotia,  LutatiOy  et  Julia. 

Lex  VIARIA,  de  viis  muniendis,  by  C.  Curio,  a  tribune,  A.  U» 
703.  somewhat  similar  to  the  Agrarian  law  of  Rullus,  Cic.  fhm.  viii. 
&  By  this  law  there  seems  to  have  been  a  tax  imposed  on  car- 
riages and  horses,  ad  Attic,  vi.  1. 

£ea?  VILLIA  ANNALIS.    See  p.  96. 

/ica?  VOCONIA,  dt  Hareditatibxjs  mu/tertim,  by  a  tribune,  A. 
U.  384.  That  no  one  should  make  a  woman  his  heir ;  (Ns  quis  hjb* 

aBDU   VIROINBBI    NCQUB    M ULIRREM  TACERBT,)    Cic.   VetT.  \.  42.  tlOr 

leave  to  any  one  by  way  of  legacy  more  than  to  his  heir  or  heirs,  c 
43.  de  Senect.  5.  oalb.  8.  But  this  law  is  supposed  to  have  refer- 
red chiefly  to  those  who  were  rich,  {qui  essent  ctbnsi,  i.  e.  pecuniori 
▼el  c/a9stci,  those  of  the  first  clsss,  Ascon.  in  Cic.  Gell.  vii.  13.)  to 
prevent  the  extinction  of  opulent  families. 

Various  arts  were  used  to  elude  this  law.  Sometimes  one  left  bis 
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,  Oell.  xx.  t. 

Trbse  are  almost  all  the  Roman  laws  mentioned  in  the  classics. 
Augustus,  having  become  sole  master  of  the  empire.  Tacit.  Ann.  i.  3. 
continued  at  first  to  enact  laws  in  the  ancient  form,  which  were  so 
many  vestiges  of  expiring  liberty,  {vestigia  morientis  libertatisy)  as 
Tacitus  calls  them  :  but  he  afterwards,  by  the  advice  of  Mecsenas, 
Dio,  Iii.  gradually  introduced  the  custom  of  giving  the  force  of  laws 
to  the  decrees  of  the  senate,  and  even  to  his  own  edicts,  Tacit.  AnnaL 
iii.  28.  His  successors  improved  upon  this  example.  The  ancient 
manner  of  passing  laws  came  entirely  to  be  dropped.  The  decrees 
of  the  senate,  indeed,  for  form^  sake,  continued  for  a  considerable 


LAWS  OF  THE  ROMANS.  181 


time  to  be  published ;  but  at  last  these  also  were  bid  aside,  and 
every  thing  was  done  according  to  the  will  of  the  imnce* 

The  einperorfr  ordained  laws^^l.  By  tbetr  answers  to  the  eppli- 
eatioAS  made  to  them  at  home,  or  from  the  provineea,  (per  k£* 
SCRIPTA  ad  LIBELLOS  aupplices  pistoloM^  vel  precM.) 

tt.  By  ti»ir  decrees  in  judgment  or  sentences  in  comrt,  {per 

DECRETA,)  which- were  eitfier  iNTSRiiOcuTORTy  t.  «.  such  as  ib* 
kted  to  any  incidental  point  of  law  which  m^t  occur  in  the  pro- 
cess ^  or,  DKriMiTivs, «.  e.  such  as  determined  i^kni  the  merits  of 
the  case  itself,  and  the  whole  question. 

3.  By  their  occasional  onlinances,  (per  fiDiCTA  vei  CON- 

8I1TUTIONES,)  and  by  their  instructions  {per  MANDATA,)  to 
their  Beetenants  and  officers. 

These  constitutions  were  either  general^  respecting  the  public  at 
hove  ;  or  speeiid^  relating  to  one  person  only,  and  therefore  pioperly 
c^d  PRI V ILEGIA,  privileges ;  Piin.  £p.  x.  56. 57.  but  in  a  aenm 
difierent  from  that  in  which  it  was  used  under  the  republic  See  pu 
89. 

The  three  great  sources,  therefore,  of  Roman  jurisprudence  were 
&e  laws,  (LEGES,)  properiv  so  called,  the  decrees  of  the  senate^ 
(8ENATUS  CONSULTA,)  and  the  edicts  of  the  prince,  (CON* 
STITUTIONES  PRINCIPALES.)  To  these  maybe  added  the 
edicts  of  the  magistrates,  chiefly  the  praetors,  called  JUS  HONO* 
RARIUM,  (see  p.  109.)  the  opinions  of  learned  lawyers,.  (AUCTO* 
RITAS  vel  R£SPONSA  PRUDENTUM,  vel  Juris  coneultorum, 
Cic  pro  Muren.  13.  Ciecin.  24)  and  custom  or  long  usage,  <CON< 
SUETUDO  vel  MOS  MAJORUM,  Qell.  xL  IS.) 

The  titles  and  heads  of  laws,  as  the  titles  and  be^miincs  of  bodss, 
(Ovid.  Triat.  i.  7.  Martial,  iii.  2.)  used  to  be  written  wim  vermilion 
(rubricd  vel  minio :)  Hence  RUBRIC  A  is  put  for  the  Civil  law ;  thus, 
Rubrica  ve$avit,  the  laws  have  forbidden,  Fers.  v.  90.  Alii  se  ad  Al- 
bum (i.  e.  jus  pratoriumj  quia  praiorts  edicta  sua  in  albo  propone* 
bnU,)  ac  RUBRIC  AS  (i.  e.jus  dvUe)  transtuleruHt^  QuinctiL  xii.  2.  11. 
Hence  Juvenal,  Perlege  rubras  majorum  leges^  Sat.  xiv.  193. 

The  Constitutions  of  the  emperors  were  collected  by  diflkrent 
lawyers.  The  chief  of  these  were  Oregon/  and  Hermogenes^  who 
toQiished  under  Constantino.  Their  collections  were  called  CO* 
DEX  6RE60R1ANUS  and  CODEX  HERMOGENIANUS.  But 
these  books  were  composed  only  by  private  persons.  The  first  coU 
lection  made  by  public  authority,  was  that  of  the  emperor  Theodo* 
sbs  the  younger,  published  A.  U.  438.  and  called  CODEX  THEO- 
DOSIANUS.  But  it  only  contained  the  imperial  constitutions 
from  Constantino  to  his  own  time,  for  little  more  than  an  hundred 
years. 

It  was  the  emperor  JUSTINIAN  that  first  reduced  tKe  Roman 
law  into  a  certain  order.  For  this  purpose  he  employed  the  assist* 
anoe  of  the  most  eminent  lawyers  in  the  empire,  at  the  head  of  whom 
was  TRIBONIAN. 

1 


190  ROMAN  ANTIQX7ITIES. 

Jostiiiiaii  first  published  a  collection  of  the  imperial  cointitiitioiis, 
A.  U.  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,  whidi  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.  D.  533. 
under  the  title  of  Digests  or  Pandects,  (PANDECTiE  vel  DICES- 
TA.)    It  is  sometimes  called,  in  the  singular,  the  Digest  or  Panded* 

The  same  year  were  published  the  elements  or  first  principles  of 
the.Roman  law,  composed  by  three  men,  7W6oman,  Tkeophilus,  and 
Dorotheus,  and  called  the  Institutes,  (INSTITUTA.)  This  book 
was  published  before  the  Pandects,  although  it  was  composed  after 
them. 

As  the  first  code  did  not  appear  sufficiently  complete,  and  con- 
tained several  things  inconsistent  with  the  Pandects,  Tribonian  and 
other  four  men  were  employed  to  correct  it.  A  nen  code  therefore 
was  published,  xvi.  Kal.  Dec.  A.  D.  534.  called  CODEX  REPETI- 
T^  PRiELECTIONIS,  and  the  former  code  declared  to  be  of  no 
fiirther  authority.  Thus  in  six  years  was  completed  what  is  calkd 
CORPUS  JURIS,  the  body  of  Roman  law. 

But  when  new  questions  arose,  not  contained  in  any  of  the  above- 
mentioned  books,  new  decisions  became  necessary  to  supply  what 
was  wanting,  or  correct  what  was  erroneous.  These  were  after- 
wards published  under  the  title  of  Novels,  (NOVELUE  sc.  consti- 
tvtiones,)  not  only  by  Justinian,  but  also  by  some  of  the  succeeding 
emperors.  So  that  the  Corpus  Juris  Romani  Civilis  is  made  up  <n 
these  books,  the  Institutes,  Pandects  or  Digests,  Code,  and  Novels. 

The  Institutes  are  divided  into  four  books,  each  book  into  several 
titles  or  chapters,  and  each  title  into  paragraphs  (§),  of  which  the 
first  is  not  numbered ;  thus,  Inst.  lib.  i.  tit.  x.  prindp.  or  more  short- 
ly, 1. 1.  10.  pr.     So,  Inst.  I.  i.  tit^  x.  §.  2. or,  L  1.  10. 2. 

The  Pandects  are  divided  into  fifty  books ;  each  book  into  several 
titles  ;  each  title  into  several  laws,  which  are  distinguished  by  num- 
bers ;  and  sometimes  one  law  into  beginning  {princ.  for  principium) 
and  paragraphs^  thus,  D.  1.  1.  5.  i.  e.  Digest,  first  book,  first  title^ 
fifth  law.  If  the  law  is  divided  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  number,  is  cited.  The  Pandects 
are  often  marked  by  a  double/;  thus,jf. 

The  Code  is  cited  in  the  same  manner  as  the  Pandects,  by  Book, 
Title,  and  Imzo  :  The  Novels  by  their  number,  the  chapters  of  that 
number,  and  the  paragraphs,  if  any  ;  as,  Nov.  115.  c.  3. 

The  Justinian  code  of  law  was  universally  received  throush  the 
Roman  world.  It  flourished  in  the  east  untill  the  taking  of  Con- 
stantinople by  the  Turks,  A.  D.  1453.  In  the  west,  it  was  in  a 
great  measure  suppressed  by  the  irruption  of  the  barbarous  nations ; 
till  it  was  revived  in  Italy,  in  the  twelfth  century,  by  IRNERIUS, 
who  had  studied  at  Constantinople,  and  opened  a  school  at  Bologna 


JUDICIAL  PROCEEDINGS,  &c  191 

under  the  auspices  of  Frederick  I.  emperor  of  Germany.  It  it  jQ 
continues  to  be  of  great  authority,  and  seems  to  promise,  at  least  in 
point  of  legislation,  the  fulfilment  of  the  famous  prediction  of  the  an- 
cient  Romans  concerning  the  eternity  of  their  empire. 

JUDICIAL  PROCEEDINGS  of  the  ROMANS. 

Ths  Judicial  Proceedings  ( JUDICI  A)  of  the  Romans  ^ere  either 
Private  or  Public^  or,  as  we  express  it,  Civil  or  Criminal :  {Omnia 
jtidida  out  disirahendarum  controversiarwn  out  puniendorum  malefic 
ciorum  causA  reperla  aunl,)  Cic  pro  Csecin.  2. 

1.  {JUDICM  PRIVATA,)  CIVIL  TRIALS. 

JUDICM  PRIFATA,  or  Civil  trials,  were  concerning  private 
causes,  or  differences  between  private  persons,  Cic.  de  Oral,  u  38. 
Top.  17.  In  these  at  first  the  kings  presided,  Diony$.  x.  I.  then 
the  consuls,  Id.  &  lAv.  ii.  27.  the  military  tribunes,  and  decemviri^ 
Id.  iii.  33.  but  after  A,  U.  389,  the  prsetor  Urhanus  and  Peregrinus. 
See  p«  106. 

The  judicial  power  of  the  PrcRtor  Urhanus  and  Peregrinus  was 
properly  called  JURISDICTIO,  {qum  posita  erat  in  edicto  et  ex 
edicto  decretis ;)  and  of  the  prstors  who  presided  at  criminal  trials, 
QUiESTIO,  Cic.  Verr.  i.  40.  41.  46.  47.  &c.  iL  48.  v.  14.  Muran. 
20.  Place.  3.  Tadt.  Agric.  6. 

The  praetor  might  be  applied  to  (adiri  poterat,  copiam  vel  fo- 
TssTATEM  sui  facibbat)  ou  rU  court  days  {diebtis  fastis) ;  but  on 
certain  days,  he  attended  only  to  petitions  or  reauests  (postula* 
TioNiBus  vacabat)  ;  so  the  consuls,  Plin.  Ep.  vii.  33.  and  on  others, 
to  the  examination  of  causes,  (cognitionibus,)  Plin.  Ep.  vii.  33. 

On  court-days,  early  in  the  morning,  the  praetor  went  to  the  Fo. 
rumt  and  there,  being  seated  on  his  tribunal,  ordered  an  Accensus  to 
call  out  to  the  people  around  that  it  was  the  third  hour ;  and  that 
whoever  had  any  cause,  (qui  LEGE  AGERE  vellet,)  might  bring 
it  before  him.    But  this  could  only  be  done  by  a  certain  form. 

L  VOCATIO  in  JUS,  or  Summoning  to  Court. 

If  a  person  had  a  quarrel  with  any  one,  he  first  tried  to  make  it 
up  {litem  componere  vel  dijudicare)  in  private,  {intra  paritteSf  Cic. 
pro  P.  Quinct.  5.  II,  per  disceptatores  domesticos  vel  opera  amico' 
rum^  Caecin.  2.) 

If  the  matter  could  not  be  settled  in  this  manner,  Iav.  iv.  9.  the 
plaintiff  (ACTOR  vel  PETITOR)  ordered  his  adversary  to  go  with 
aim  before  the  praetor,  {in  jus  vocabat^)  by  saying,  In  jus  voco  te  : 
In  jus  eamus  :  In  jus  veni  :  Sfi^UBRB  ad  tribunal  :  In  jus  ambu- 
LA,  or  the  like,  Ter.  Phorm.  v.  7.  43.  and  88.  If  he  refused,  the 
prosecutor  took  some  one  present  to  witness,  by  saying  Licet  an- 
tes tabi  ?  May  I  tdke  you  to  witness  1  If  the  person  consented,  he 


193  ROMAN  ANTIQUITIES.. 

ofiiared  the  tip  of  his  ear,  {auriculam  of^panebai;)  wUch  U^  prdiecn* 
tor  touched,  Horai.  SaL  i.  9.  v.  76.  Platd.  CxtrcuL  v.  ii.  See  p.  56« 
Then  the  plaintiff  might  drag  the  defeodaQt  {reum)  to  court  by  force 

iinjiLs  rapere^)  in  any  way,  even  by  the  neck,  {obtorio  collo^)  Cic  et 
Maut.  Paen.  iii.  5.  45.  according  to  the  law  of  the  Twelve  Tables  ; 
81  CALTiTua  (jmoratur)  pbdemve  struit,  {fugit  relfugam  adoniaij) 
VANDM  BNDo  JAciTO,  (mjicito,)  Festus.  But  worthless  persons,  as 
thieves^  rohben^  Ac.  might  be  dragged  befiH^e  a  judge  without  this 
formality,  Platii,  Pers.  iv.  9.  v.  10. 

By  the  law  of  the  Twelve  TaUes,  none  were  excused  from  appear* 
ing  in  court ;  not  even  the  aged,  the  sickly,  and  infirm.  If  they  could 
not  walk,  thev  were  furnished  with  an  open  carriage,  {jumentum^  i.  e. 
plaustrum  vel  vectabulum,)  GelL  xx.  I.  Cic  de  legg.  ii.  23.  Horat. 
Sat  L  9.  76.  But  afterwards  this  was  altered,  and  various  persons 
were  exempted  ;  as  magistrates,  lAv.  xlv.  37.  those  absent  on  ao- 
couat  of  the  state,  Fai,  Mixim,  iii.  7.  9.  &c.  also  matrons,  Id.  iL  I. 
5.  boys  and  girls  under  age,  D.  de  in  jus  vocand.  Ac 

It  was  likewise  unlawful  to  force  any  person  to  court  from  his  owa 
house,  because  a  man's  house  was  esteemed  his  sanctuary,  {iutusp- 
mum  refugium  ei  receplaculum.)  But  if  any  one  lurked  at  home  to 
ehide  a  prosecution,  {si  fraudationis  causd  latitareif  Cic  Quint.  19.) 
he  was  summoned  {evocabatur)  three  times,  with  an  interval  of  tea 
days^between  each  summons,  by  the  voice  of  a  heraM,  or  by  letters^' 
or  by  the  edict  of  the  praetor ;  and  if  lie  still  did  not  appear,  (se  n<m 
sisteret,)  the  prosecutor  was  put  in  possession  of  his  effects,  (in  banm 
ejtu  mittebatur.)     Ibid. 

If  the  person  cited  found  security,  he  was  let  go ;  (8i  cksist)  d 
aulemsiif  {sc.  aliqxds^  Qui  in  jus  vocatum  vindicit,  (9»iuI«oflwmf, 
shall  be  surety  for  his  appearanoe,)  hittito,  lei  him  go. 

If  he  made  up  the  matter  by  the  way,  (endo  via,)  tha process  was 
dropped.  Hence  may  be  explained  the  words  of  our  Saviour, 
JSattk.  V.  25.  Lxdu  xii.  58. 

n,  POSTULATIO  ACTIOKIS,  Requesting  a  Writj  and 

giving  Bail. 

Ip  no  private  agreement  could  be  made,  both  parties  went  bef<Mne 
the  prsDtor.  Then  the  plaintiff  proposed  the  action  (ACTIONEM 
EDEBAT,  vel  dicam  scribebat,  Cic  Verr.  iL  15.)  which  he  intend- 
ed to  bring  against  the  defendant  (quam  in  reum  intbndkrs  tu^* 
LET,)  Plant.  Pers.  iv.  9.  and  demanded  a  writ,  (ACTIONEM  POS- 
TULABAT,)  from  the  praetor  for  that  purpose.  For  there  were 
certain  forms  (Formula)  or  set  words  (verba  concepta)  necessa* 
ry  to  be  used  in  every  cause,  (Formula  de  omnibus  rebus  com- 
STiTUTx,^  Cic.  Rose.  Com.  8.  At  the  si^ne  time  the  defendant  rs- 
quested  that  an  advocate  or  lav^er  should  be  assigned  him,  to  assisi 
with  his  counsel. 

There  were  several  actions  competent  for  the  same  thing.  The 
prosecutor  chose  which  he  pleased,  and  the  pr»tor  usually  granted 


JUDICIAL  PROCEEDINGS,  &c  103 

It ;  (AbTiONBM  vel  juDtnioM  darat  vel  rbddkbat,)  Cic^pro  CacnU 
3.  QuirU.  22.  Ferr.  ii.  12.  27.  but  he  might  also  refuse  it,  ibid,  et  ad 
Herenn,  ii.  13. 

The  plaintiff  having  obtained  a  writ  from  the  pr»tor,  offered  it  to 
the  defendant,  or  dictated  |o  him  the  words.  This  writ  it  was  un- 
lawful to  change,  {mvtare  formulam  non  licebaQ  Senec.  de  Ep.  117. 

The  greatest  caution  was  requisite  in  drawing  up  the  writ,  {in  ac 
tione  mformiUd  concipienda ;)  for,  if  there  was  a  mistake  in  one 
word,  the  whole  cause  was  lost,  Cic.  de  invent,  ii.  19.  Herenn,  i.  2. 
QuincliL  iii.  8.  vii.  3.  17.  Qui  plus  ptttbai^  quam  debiiwn  est^  cath 
sam  perdebaty  Cic.  pro  Q.  Rose.  4.  vtl  formula  excidebat,  i.  e.  causA 
cadtbat^  Suet.  Claud.  14.  Hence  scRfBERE  vel  suBSCRiBERa  dicam 
alicui  vel  impingere^  to  bring  an  action  against  one,  Cic.  Verr.  ii.  15. 
Tcr,  Phorm.  ii.  3.  92.  or  cum  aliquo  judicium  subscribere,  P/tn.  £p. 

V.  1.  El    rORMULAU  INTENDERE,   Suet,   Vxi,  7.       But   DiCAM  VCl    dica$ 

tortiri,  i.  e.  judices  dare  sor tione ^  qui  causam  cognoscant^  to  appoint 
judices  to  judge  of  causes,  Cic,  ibid,  15.  17. 

A  person  skilled  only  in  framing  writs  and  the  like,  is  called  by  Ci- 
cero LJBG UL£ lUS, /^rcBco  aciionum  cantor  formularwrn^  auceps  syU 
labarum,  Cic.  de  Orat.  i.  55.  and  by  Quinctilian,  Formularius,  xii. 
3.11. 

He  attended  on  the  advocates  to  suggest  to  them  the  laws  and 
forms ;  as  those  called  Praghatici  did  among  the  Greeks,  ibid,  and 
as  agents  do  among  us. 

Then  the  plaintiff  required  Jhat  the  defendant  should  give  bail  for 
his  appearance  in  court  (VADES,  qui  spond^ent  eum  a'dfuturwn,) 
on  a  certain  day,  which  was  usually  the  third  day  after,  {tertio  di^ 
vel  perendif)  Cic.  pro  Quioct.  7.  Muraen.  12.  Grell.  vii.  1.  and  thu9 
he  was  said  VADARI  REUM  (Vadbs  ideo  dic/i,  quod^  qui  eo9  dede- 
ritf  vadendi,  id  est,  ditcedendi  habet  poieatatem^  Cic.  Quinct.  6. 

This  was  also  done  in  a  set  form  prescribed  by  a  lawyer,  who 
was  said  VADiMONiUii  concipere,  Cic.  ad  Fratr.  ii.  15. 

The  defendant  was  said  VADES  DARE,  vel  VADIMONIUM 
PROMITTERE.  If  he  did  not  find  bail,  he  was  obliged  to  go  to  pri- 
son, Plaut.  Pers.  ii.  4.  v.  18.  The  prsetor  sometimet  put  off  the  bear- 
ing of  the  cause  to  a  more  distant  day,  {vadimonia  differebat,)  Lit. 
Epit.  86.  Juvenal,  iii.  213.  But  the  parties  (Litioatores)  chiefly 
were  said  vadimonium  differre  cumaliquo^  to  put  off  the  day  of 
the  trial,  Cic,  Att.  iL  7.  Fam.  ii.  8.  Quinct.  14  16.  Re$  ease  in  va- 
dimonium  cxpit^  began  to  be  litigated,  ibid. 

In  the  meantime  the  defendant  sometimes  made  up  {rem  compo* 
uebat  et  transigebat^  compromised,)  the  matter  privately  with  the 
plaintiff,  and  the  action  was  dropped,  Plin,  Ep,  v.  1.  In  which 
case  the  plaintiff  was  said,  decidisse,  vel  pactionem  fecisse  cum  reo, 
judicio  reum  absolvisse  vel  liberasse^  liie  contestatd  vel  judicio  con^ 
slitutOf  after  the  lawsuit  was  begun ;  and  the  defendant,  litem  redi^ 
misse  ;  after  receiving  security  from  the  plaintiff,  {cum  sibi  cavisset 
vel  satis  ab  actore  accepisset^)  that  no  further  demands  were  to  be 
made  upon  him,  (amplivs  «a  se  nevinem  fetiturum,)  Cic.  Quini. 

25 


194  ROMAN  ANTIQUITIES. 

11.  12.  If  a  person  was  unable  or  unwilling  to  carry  on  a  Itfwsait, 
he  was  said  now  possb  vel  nolle  prosequi,  vel  experiri^sc  ju5  vel 
jure,  vel^wre  summo,  ib.  7.  &c. 

When  the  day  came,  if  either  pdrty,  when  cited,  was  not  present, 
without  a  valid  excuse,  {sine  tnorbo  vel  causd  soniicd^)  he  lorft  his 
cause,  Horat.  Sat  i.  9.  v.  36.  If  the  defendant  was  absent,  he  wag 
said  DESERERE  VADIMONIUM,  and  the  praetor  put  the  plain- 
tiff  in  possession  of  his  effects,  Cic.  pro  Quint.  6  &  20. 

If  the  defendant  was  present,  he  was  said  VADIMONIUM  SIS- 
TERE  vel  oBiRE.  When  cited,  he  said,  Ubi  tu  es,  Qui  me  va- 
DATUSES?  Ubi  td  es,  qui  mecitasti?  Ecce  me  tibi  sisTO,  tu 
CONTRA  BT  TE  MiHi  sisTE.  The  plaintiff  answcrcd,  Adsum,  Plant. 
Curcul.  i.  3.  5.  Then  the  defendant  said.  Quid  ais  :  The  plaintiff 
said  AIO  ruNDUM,  quem  possides,  meum  esse;  vel  AIO  te  mibi 
DARE,  facere,  oportere,  or  the  like,  Cic.  Mur.  12.  This  was  called 
INTENTIO  ACTIONIS,  and  varied  according  to  the  nature  of 
the  action. 

III.  DIFFERENT  KINDS  of  ACTIONS. 

Actions  were  either  RtaU  Personal,  or  Mixt. 

1.  A  real  action  (ACTIO  IN  REM,)  was  for  obtaining  a  thing 
to  which  one  had  a  real  right  {jus  in  re,)  but  which  was  possessed 
by  another,  (per  quam  rem  nostram^  qucB  ah  alio  possidetur^  petimuSf 
Ulpian.) 

3.  A  personal  action,  (ACTIO  IN  PERSONAM,)  was  against  a 
person,  to  bind  him  to  do  or  give  something,  which  he  was  bound 
to  do  or  give,  by  reason  of  a  contract ;  or  for  some  wrong  done  by 
him  to  the  plaintiff. 

3.  A  mixt  action  was  both  for  the  thing,  and  for  certain  personal 
pretensions. 

•     *  > 

I.  Real  Actions. 

Actions  for  a  thing,  or  real  actions,  were  either  CIVIL,  arisii^ 
from  some  law,  Cic.  in  CcBcil.  6.  de  Oral,  i.  2.  or  PILETORIAN, 
depending  on  the  edicts  of  theprsetor.* 

ACTIONES  PRiETORI^,  were  remedies  granted  by  the  pr®- 
tor  for  rendering  an  equitable  right  effectual,  for  which  there  was 
no  adequate  remedy  granted  by  statute  or  common  law. 

A  civil  action  for  a  thing,  {actio  dvilis  vel  legiiima  in  rem,)  was 
called  VINDICATIO;  and  the  person  who  instituted  it,  v  index. 


*  Actions,  aceordiuj^  to  the  laws  of  EogltDd,  and  our  laws,  are  of  three  kinds*  fwr- 

""  "  claims  a  debt  or 

man  claims  a 
injury  done  to  his  person  or  property.  Real  acUons 
are  snch  whereby  the  plaintiff  claims  title  to  leave  any  lands  or  tenements,  rents,  or 
other  hereditaments,  In  fee  simple,  fee  tail,  or  for  term  of  life.  Mixed  actions  are 
suits  partaking  of  the  nature  of  the  other  two,  wherein  some  real  property  is  de- 
manded, and  also  personal  damages  for  a  wrong  sustained.    8  Bi.  Com.  117. 118. 


*  Actions,  aceordiug  to  ttie  laws  of  England,  and  our  laws,  are  of  thrc 
ssfuil,  real,  ^nd  mixsa.  Personal  actions  are  such  whereby  a  man  claii 
personal  duty,  or  damages  in  lieu  thereof:  and  likewise,  whereby  a  n 
satisfaction  in  damages  for  some  injury  done  to  his  person  or  property. 


JUDICIAL  PROCEEDINGS,  6cc  195 

BqI  this  action  could  not  be  brooght^  uiAeaa  it  was  previoudv  ascer- 
tained wbo  ought  to  be  the  possessor.  If  this  was  contested,  it  was 
called  Lis  vindiciarum,  Gc,  Ferr.  u  45.  and  the  pnetor  determined 
the  matter  by  an  interdict,  Cic.  Ctacin.  8. 14. 

If  the  question  was  about  a  slave,  the  person  who  claimed  the 
possession  of  him,  laying  hands  on  the  slave,  (manum  ti  injicienSf) 
Defore  the  praetor,  said,  Hung  hominem  kx  jure  quiaiTiuM  meuk 
Esss  AIO,  Ejos  HUB  viNDiciAS,  (i.  c.  possessionefHy)  miti  dari  pos* 
TULo.  To  which  Plautus alludes,  Rud.  iv.  3.  86.  If  the  other  was 
silent,  or*  yielded  his  right,  (Jure  ctdebatj)  the  prsetcn*  adjudged  the 
slave  to  the  person  who  claimed  him,  (servum  addicebat  vindianUif) 
that  is,  he  decreed  to  him  the  possession,  till  it  was  determined  w1m> 
should  be  the  proprietor,  (cm/  txitum  judicii,)  But  if  the  other  person 
also  claimed  possession,  (si  vindicias  sibi  conservari  poslularet,)  then 
the  praetor  pronoui^ced  an  interdict,  {inUrdicebat^)  Qui  nec  vi,  nec 

CLAM,  NEC  PRECARIO  POSSIDET,  EI  VINDICIAS  DABO. 

The  laying  on  of  hands  (MAN  US  INJECTIO)  was  the  usual 
mode  of  claiming  the  property  of  any  person,  Liv.  iii.  43.  to  which 
frequent  allusion  is  made  in  the  classics,  Ovid.  Episi.  Her,  viii.  16. 
xii.  158.  Jlmor.  i.  4.  40.  ii.  5. 30.  Fast.  iv.  90.  Virg.  ^n.  x.  419.  Ctc, 
Ros.  Cam.  16.  Plin.  Episi.  x.  19.  In  vera  bona  non  esi  tnaniis  injec* 
tio  ;  ^nimo  non  potest  injici  manus^  i.  e.  vis  fieri,  Seneca. 

In  disputes  of  this  kind  (in  litibus  rtWtctariim),  the  presumption 
always  was  in  favour  of  the  possessor,  according  to  the  law  of  the 
Twelve  Tables,  8i  qui  in  jure  manum  consbrunt,  i.  e.  apud  judi^ 
cem  disceptantt  secundum  eum  <iui  possjdet,  vindicias  dato,  Gtll. 
zx.  10. 

But  in  an  action  concerning  liberty,  the  prsetor  always  decreed 
possession  in  favour  of  freedom,  (vindicias  dedit  secundum  liberies 
tem^  and  Appius  the  decemvir^  by  doin^  the  contrary,  (decemendo 
vindicias  stamdum  strcilutem  vel  ab  liberlale  in  servitiUem  contra 
.  leges  vindicias  dando,  by  decreeing  that  Virginia  should  be  given  up 
into  the  hands  of  M.  Claudius,  his  client,  who  claimed  her,  and  not 
to  her  father,  who  was  present,)  brought  destruction  on  himself  and 
his  colleagues,  Liv.  iii.  47.  56.  58. 

Whoever  claimed  a  slave  to  be  free,  (vindex,  qui  in  libertatem 
vindicahat,)  was  said  eum  liherali,  causa  manu  assererb,  7^- 
rent.  Adelph.  ii.  1.  39.  Plaut.  Pan.  v.  2.  but  if  he  claimed  a  free 
person  to  be  a  slave,  he  was  said,  in  sbrvitutem  asserere  ;  and 
hence  was  called  ASSERTOR,  Liv.  iii.  44.  Hence,  Hac  (scprce" 
S€niia  gaudia)  utraque  manu,  complexuque  assere  toto,  Martial,  i.  16. 
9. — assero,  for  affirmo  or  assevero  is  used  only  by  later  writers. 

The  expression  MANUM  CONSERERE,  to  fight  hand  to  hand, 
is  taken  from  war,  of  which  the  conflict  between  the  two  parties 
was  a  representation.  Hence ^Vindicia,  i.  e.  fn;cc/io  vel  correptio 
manus  in  reprcBsenti^  was  called  vis  civilis  etfesiucaria,  Gell.  xx.  10. 
The  two  parties  are  said  to  have  crossed  two  rods,  {ftstucas  inter 
ie  commisisse,)  before  the  prsetor,  as  if  in  fighting,  and  the  van- 
quished party  to  have  given  up  his  rod  to  his  antagonist.    Whence 


196  ROMAN  ANTIQUITIES. 

some  conjecture,  that  the  first  Romans  determined  their  disputes 
^ith  the  point  of  their  sword^. 

Others  think  that  vindicia  was  a  rod,  {virgula  vel  festuca,)  which 
the  two  parties  {litigantes  vel  disceptantts^)  broke  in  a  fray  or  mock 
fight  before  the  praetor,  (as  a  straw  (stipula)  used  anciently  to  be 
broken  in  making  stipulations,  Isidor.  v.  24.)  the  consequence  of 
which  Was,  that  one  of  the  parties  might  say  that  he  had  been  oust- 
ed or  deprived  of  possession,  (possessione  dejectus)  by  the  other, 
and  therefore  claim  to  be  restored  by  a  decree  (interdicto)  of  the 

prsetor. 

If  the  question  was  about  a  farm,  a  house,  or  the  like,  the  prsetor 
anciently  went  with  the  parties  {cum  litigantibus)  to  the  place,  and 
gave  possession  {vindicias  dabat)  to  which  of  them  he  thought  pro- 
per. But  from  the  increase  of  business,  this  soon  became  imprac- 
ticable ;  and  then  the  parties  called  one  another  from  court  {ex  jure) 
to  the  spot,  {in  locum  vel  rem  presenlem^)  to  a  farm,  for  instance, 
and  brought  from  thence  a  turf  (glebam),  which  was  also  called 
VINDICIA,  Feshis ;  and  contested  about  it  as  about  the  whole 
farm.  It  was  delivered  to  the  person  to  whom  the  preetor  adjudged 
the  possession,  GetL  xx.  10.* 

But  this  custom  also  was  dropped,  and  the  lawyers  devised  a  new 
form  of  process  in  suing  for  possession,  which  Cicero  pleasantly  ri- 
dicules, pro  Murcsn.  12.  The  plaintiff  [petitor)  thus  addressed  the 
defendant,  {eum^  unde  peiebatur  ;  Fundus  qui  bst  in  aoro,  qui  Sa- 

BINUS  VOCATUR,  EUM    EGO    EX    JURE    QUIRITIUM  MEUM  ESSE  AlO,  INDB 

Koo  TE  EX  JURE  MANu  C0N8ERTUM  (to  contcnd  accordiiig  to  law) 
voco.  If  the  defendant  yielded,  the  praetor  adjudged  possession  to  the 
plaintiff.  _  If  not,  the  defendant  thus  answered  the  plaintiff,  unde  tu 
ME  EX  Jure  uanum  cgnsehtum  vocasti,  inde  ibi  eoo  te  revoco. 
Then  the  praetor  repeated  his  set  form,  {carmen  compositwn^) 
Utrisqub  superstitiuus  praesentibus,  i.  e.  ieslibus  prasentibuSf 
(before  witnesses,)  istam  viah  dico.  Inite  viav.  Immediately 
they  both  set  out,  as  if  to  go  to  the  farm,  to  fetch  a  turf,  accompanied 
by  a  lawyer  to  direct  them,  {qui  ire  viam  docereL)  Then  tlie  prae- 
tor said,  Redite  viam  ;  upoii  which  they  returned.  If  it  appeared 
that  one  of  the  parties  had  been  dispossessed  by  the  other  through 
force,  the  praetor  thus  decreed,  Unde  tu  illum  dejecisti,  cum  nec 

^Luwry  qfteixift,  according  to  tbe  common  law  of  England,  was  either  indeed,  or 
inlaw.  Livery  in  li^e^i  was  thus  performed.  The  feoffer,  lessor,  or  his  attorney, 
together  with  the  feoffee,  lessee,  or  his  attorney, came  to  the  land  or  the  house;  and 
then,  in  the  presenceof  witnesses,  declared  the  contents  of  tbe  feoffment  or  lease,  oa 
which  livery  if  as  to  be  made.  And  then  the  feoffer,  (if  it  were  of  land)  delivered  to 
tbe  feoffee,  all  the  persons  belu^  out  of  the  ground,  a  clod,  or  turf,  or  a  twig  or  bougli 
there  growing,  with  words  to  this  effect:  **  1  deliver  these  to  you,  in  the  name  of 
seizin  of  ail  the  lands  and  tenements  contained  in  this  deed.*'  But  if  it  wer«  of  a 
hauae,  the  feoffor  took  the  ring,  or  latch  of  the  door,  (the  house  being  quite  empty  ) 
and  delivered  it  to  the  feoffee  in  the  same  form;  and  then  the  feoffee  entered  alone 
shot  to  the  door,  then  opened  it,  and  let  in  tbe  others.  Livery  in  law  was  when  the 
game  was  not  made  on  the  land,  but  in  tif^ht  of  it  only ;  the  feoffor  saying  to  the 
feoffee,  **  I  give  you  yonder  land,  enter  and  take  possession/'  2  Bl.  Com.  3l5.  3id. 

Thus  the  pracUce  of  livery  and  seizin  clearly  appears  to  be  a  relict  of  Roman 
Jerispradence. 


JUDICIAL  f ROCEEDINGS,  &c.  197 

Vi,  NIC  CLkUj  NEC  PRACARIO   POSSIDKRET    KO    ILLUM    RESTITUA8    J17- 

BEo.  If  not,  be  thus  decreed.  Uti  nunc  possidetis,  &c.  ita  pos- 
81DEAT1S.     Vim  fieri  veto. 

The  possessor  being  thus  ascertained,  the  action  about  the  right 
of  property  {de  jure  aominit)  commenced.  The  person  ousted  or 
outed  (posseasione  exclusvs  vel  dejectvs,  Cic.  pro  Cscin.  19.)  first 
asked  the  defendant,  if  he  was  the  lawful  possessor,  (Quando 

BGOTEINJURE    gONSPlCIO,    POSTULO    AN    SIES    AUCTOR  7   h  e.  pOSSCS' 

soTy  unde  mevm  jus  repetere  possim^  Cic.  pro.C8ecin^l9.  et  Prob.  in 
Not.)  Then  he  claimed  his  right,  and  in  the  mean  time  required 
that  the  possessor  should  give  security,  (Satisdaret,)  not  to  do 
any  damage  to  the  subject  in  question,  {ne  nihil  deterius  in  posstS" 
sione  facturum,)  by  cutting  down  trees,  or  demolishing  buildings,  &c. 
in  which  case  the  plaintiff  was  said  pkr  frades,  v. — em,  vel  pro 
prtBde  litis  vindicurum  satis  accipere,  Cic.  Verr.  i.  45.  If  the 
defendant  did  not  give  security,  the  possession  was  transferred  to 
the  plaintiff,  provided  he  gave  security. 

A  sum  of  money  used  to  be  deposited  by  both  parties,  called  SA- 
CK AMENTUM,  which  fell  to  the  gaining  party  after  the  cause  was 
determined,  Festus  ;  Varro  de  Lot.  ling.  iv.  36.  or  a  stipulation  was 
made  about  the  payment  of  a  certain  sum  called  SPONSIO.  The 
plaintiff  said,  Qoando  neoas  bunc  funduh  esse  meum,  sacramen- 
TO  tb  abiNQUAOENARio  PRovoco.  Spondesne  quinoentos,  8C.  niim- 
mo8  vel  asses^  si  mexts  est  ?  i.  e.  si  mevm  esse  probavero.  The  de- 
fendant said,  Spokdeo  quinoentos,  si  tuus  sit  ?  Then  the  defen- 
dant required  a  correspondent  stipulation  from  the  plaintiff,  {resti" 
pulahaiur^  thus,  Et  tu  spondesne  quinoentos,  ni  tvus  sit  ?  i.  e.  si 
probavero  tuum  non  esse.  Then  the  plaintiff  said,  Spondeo,ni  meus 
sit.  Either  party  lost  his  cause  if  he  refused  to  give  this  promise, 
or  to  deposit  the  money  required. 

Festus  says  this  money  v^s  called  SACRAMENTUM,  because 
it  used  to  be  expended  on  sacred  rites ;  but  others,  because  it  serv- 
ed as  an  oath,  (quodinstar  sacramenti  ve]  jurisjurandi  esset,)  to  con- 
vince the  judges  that  the  lawsuit  was  not  undertaken  without  cause, 
and  thus  checked  wanton  litigation.  Hence  it  was  called  Pjgnus 
sponsion  us,  {quia  violare  quod  quisque  promitiit  perfidice  est,)  Isidon 
Orig.  v.  24.  And  hence  Pignore  contendere,  et  sacramento,  is  the 
same,  Cic.  Fam.  vii.  38.  de  Orat.  i.  10. 

Sctcramenium  is  sometimes  put  for  the  suit  or  cause  itself,  (pro 
ipsd  petiiione,)  Cic.  pro  Csecin.  33.  sacramenium  in  liberiatem,  i.  e. 
causa  et  vindicia  Hbertatis,  the  claim  of  liberty,  oro  Dom.  39.  Mil, 
27.  de  Orat.  i.  10.  So  SPONSIONEM  FACERE,  to  institute  a 
lawsuit,  Cic.  Quint.  8.  26.  Verr.  iir.  62.  Cadn.  8.  16.  Rose.  Com.  4. 
5.  Off.  iii.  19.  Sponsione  lacessere,  Ver.  iii.  57.  certare,  Casein.  32.  t>m- 
cere.  Quint.  27.  and  B\io  vincere  sponsionerh,  Cvbcm.  31.  or  judicium^ 
to  prevail  in  the  cause,  Ver.  i.  53.  condemnari  sponsionis,  to  lose  the 
cause,  CtBcin.  31.  sponsiones,  i.  e.  couscb,  prohibits  judicari,  causes 
not  allowed  to  be  tried,  Cic.  Verr.  iii.  62. 

The  plaintiff  was  said  sacramento  vel  sponsione  provocare,  rogars, 


198  ROMAN  ANTIQTJinES. 

qwBrere^  €t  stipulari.  The  defendant,  contendere  ex  pravocaUone 
vel  aacramento  et  restipulari^  Cic.  pro  Rose  Com.  13.  Valer.  Max. 
ii.  8.  2.  Festus ;  Varr.  de  Lat.  ling.  iv.  36. 

The  same  form  was  used  in  claiming  an  inheritance,  (iv  bjebsoi- 
TATis  PETITION^,)  in  claiminff  servitudes,  &c.  But  in  the  last,  the 
action  might  be  expressed  both  affirmatively  and  negatively,  thua, 
AID,  JUS  ESSE  vel  NON  ESSE.    Hcuce  it  was  called  Actio  coiirssso- 

BIA  et  NEOATORIA. 

t 

3.  Personal  Actions. 

Pbrson AL  actions,  called  also  CONDICTIONES,  were  very  nu- 
merous. They  arose  from  some  contract,  or  injury  done ;  and  re- 
quired that  a  person  should  do  or  give  certain  thmgs,  or  suffer  a  cer> 
tain  punishment. 

Actions  from  contracts  or  obligations  were  about  buying  and  sell- 
ing, {de  emptione  et  venditione  /)  about  letting  and  hinnff,  {de  lo» 
catione  tt  conductiane  ;  iocabatur  vel  damuSf  vel  ftmdtis^  vel  opusfa' 
dendumt  vel  vectigal ;  Mdium  conductor  Inquili nus, /undi  colo- 
ifU9,  overis  redemptor,  vectigalis  pubLicanus  vel  manceps  diceba" 
tuTf)  about  a  conmiisMion,  (de  mandato  ;)  partnership,  (de  societate  ;) 
a  deposite,  {de  deposUo  apud  sequestrem  ;)  a  l9an,  {de  commodato  vel 
mutuo^  vroprie  commodamus  vestesy  libros^  vasa^  eguos^  et  similia^ 
q%uB  eaaem  reddunlur  ;  mutuo  autem  dam  us  ea^pro  quibus  alia  red' 
auntur  ejuedem  generis,  ut  nummos^frumeniumy  vimun,  o/et«m,  etfere 
caterOf  qua  pondere^  numeroj  vel  mensurA  dari  solent  ;)  a  pawn  or 
pledge,  (de  hypotheca  vel  pignore  ;)  a  wife's  fortune,  (de  dote  vel  re 
uxoria  ;)  a  stipulation,  {de  stiptdatione,)  which  took  place  almost  in 
all  bargains,  and  was  made  in  this  form  ;  An  sponobs  ?  Sponoeo  : 
AN  DABI8  ?  DABO :  An  promittis  ?  PROEiTTO,  vcl  repromiiiOf  4^c. 
Plant  Pseud,  iv.  6.  Bacchid.  iv.  8. 

When  the  seller  set  a  price  on  a  thing,  he  was  said  indicare  ;  thug, 
Inoica,  fac  PRETiuM,  Plaut.  Pcrs.  iv.  4.  37.  and  the  buyer,  when 
he  offerqd  a  price,  liceri,  i.  e.  rogare  quo  pretio  liceret  auferre, 
Plaut.  Stich.  i.  3.  68.  Cic.  Ferr.  iii.  33.  At  an  auction,  the  person 
who  bade,  (LICITATOR,)  held  up  his  forefinger,  {index  ;)  hence 
digiio  liceri,  Cic.  ib.  11.  The  buyer  asked,  Quanti  licet  ?  sc  Aa- 
bere  vel  auferre.  The  seller  answered,  Decern  nummis  licet ;  or  the 
like,  Plaut.  Epid.  iii.  4.  35.  Thus  some  explain,  De  Drusi  hortis, 
quanti  licuisse,  (sc.  eas  emere,)  tu  scribis,  audiiram :  sed  qtuuUi 
auantif  bent  emitur  quod  necesse  est,  Cic.  Att.  xii.  23.  But  most 
here  take  licere  in  a  passive  sense,  to  be  valued  or  appraised  ;  quan^ 
ti  quanti,  sc  licent,  at  whatever  price;  as  Mart.  vi.  66.  4.  So 
Venibunt  quiqui  licebunt  (whoever  shall  be  appraised  or  exposed  to 
sale,  shall  be  sold,)  prcesenti  ptcunia,  for  ready  money,  Plaut.  Me- 
nsBcli.  V.  9.  97.  Unius  assis  non  unquam  pretio  pluris  licuisse^  notan^ 
te  judice  quo  nSsti  populo,  was  never  reckoned  worth  more  than 
the  value  of  one  as,  in  the  estimation  of  the  people,  &c.  Horat.  Sai. 
L  6.  13. 


JUDICIAL  PROCEEDINGS,  6cc  I» 

In  verbal  tmif^ains  or  stipulations  there  were  certain  fixed  formst 
(sTiPULATioHUM  FORMULA,  Ctc.  He  Ugg.  1. 4.  vel  SFOMSioNuiry  Id.  Rosc^ 
Com.  4.)  usually  observed  between  the  two  parties.  The  peiiBon 
who  required  the  promise  or  obligation,  (STIPULATOR,  sibi  qui 
promiUi  curabai^  v.  sponsione.m  exigebal^)  asked  (rogabat  v.  inierro* 

Sabai)  him  who  was  to  give  the  obligation,  (PROMISSOR  vel 
LKPRomssoR,  Plaut.  Asxn.  ii.  4. 46.  Pseud,  i.  L  112 :  for  both  worda 
are  put  for  the  same  thing,  PlauL  Cure.  v.  2.  68.  v.  3.  31.  Cic,  Roec, 
Com,  13.)  before  witnesses,  Plant,  ib.  33.  Cic.  Rose.  Cam.  4.  if  he 
would  do  or  give  a  certain  thing ;  and  the  other  always  answer- 
ed  in  correspondent  words;  thus,  An  dabis?  Dabo  vel  Dabitus, 
PlcnU.  Pseud.  \.  1.  115.  iv.  6.  15.  Bacch.  iv.  8.  41.  An  spondes  ? 
Sponobo,  Id.  Cure.  v.  2.  74.  Any  material  change  or  addition  in 
the  answer  rendered  it  of  no  effect,  §  5.  Inst,  de  inutil.  Stip.  Piaui. 
Trin.  v.  2.  34  &  39.  The  person  who  required  the  promise,  vrmg 
said  to  be  reus  stipulandi  ;  he  who  gave  it,  reus  prom ittbndi,  ZX- 
gest.  Sometimes  an  oath  was  interposed,  Plaut.  Rud.  v.  2.  47. 
and  for  the  sake  of  greater  security,  (ut  pacta  et  conventa  firmiora  e#- 
«en/,)  there  was  a  second  person,  who  required  the  promise  or  ob- 
ligation to  be  repeated  to  him,  therefore  called  Astipulator,  Cie. 
Qutn^  18.  Pis.  9.  (qui  arrogabat,)  Plaut.  Rud.  v.  2.  45.  and  an- 
other who  joined  in  giving  it.  Adpromissor,  Festus  :  Cic.  Alt.  v.  1. 
Rose.  Amer.  9.  Fi db  jussor  vel  Sponsor,  a  surety,  who  said,  Er 
BOO  SPONDEO  IDEM  HOC,  or  the  Uke,  Plaut.  Trin.  v.  2.  39.  Hence 
Astipulari  irato  consuli^  to  humour  or  assist,  lAv.  xxxix.  5.  The 
person  who  promised  in  his  turn  usually  asked  a  correspondent  ob- 
ligation, which  was  called  restipulatio  ;  both  acts  were  called 
Sponsio. 

Nothing  of  importance  was  transacted  among  the  Romans  with- 
out the  rogatio^  or  asking  a  question,  and  a  correspondent  answer, 
(congrua  responsio :)  Hence  Interrogatio  for  Stipulatio,  Senec. 
Benef.  iii.  16,  Thus  also  laws  were  passed :  the  magistrate  asked, 
(rogabat,)  and  the  people  answered,  (uti  rogas,)  sc.  volumus.  See 
p.  83. 87. 

The  form  of  Manci  patio  or  Mancipium^  per  as  et  libram^WdLn 
sometimes  added  to  the  Stipulatio,  Cic.  legg.  ii.  20  &  21. 

A  stipulation  could  only  take  place  between  those  who  were  pre- 
sent But  if  it  was  expressed  in  writing,  {si  in  instrumento  scrip* 
turn  essetf)  simply  that  a  person  had  promised,  it  was  supposed  that 
every  thing  requisite  in  a  stipulation  had  been  observed,  Inst.  iii.  20* 
17.  Paull.  RtcepU  Sent.  v.  7.  2. 

In  buying  and  selling,  in  giving  or  taking  a  lease,  (m  loeatione  vel 
conductione^)  or  the  like,  the  bargain  was  finished  by  the  simple  con- 
sent of  the  parties :  Hence  these  contracts  were  called  CONSEN- 
SUALES.  He  who  gave  a  wrong  account  of  a  thin^  to  be  disposed 
of,  was  bound  to  make  up  the  damage,  Cic.  Off.  iii.  16.  Earnest 
(arrha  v.  arrhabo,)  was  sometimes  given,  not  to  confirtn,  but  to 
prove  the  obligation,  Inst.  iii.  23.^pr.  f^arr.  L.  L.  iv.  36.  But  in  all 
unportant  contracts,  bonds  (SYNGRAPHiE)  formerly  written  out. 


900  ROMAN  ANTIQUITIES. 

Mj^ed,  and  sealed,  were  mutually  exchanged  between  the  parties. 
Thus  Augustus  and  Antony  ratified  their  agreement  about  the  par- 
tition of  the  Roman  provinces,  after  the  overthrow  of  Brutus  and 
Cassius  at  Philippi,  by  giving  and  taking  reciprocally  written  obli- 

Etions  (ypn^MLTSta^  syngraphm;)  Dio.  xlviii.  3  &  11.  A  difference 
ving  afterwards  arisen  between  Caesar  and  Fulvia  the  wife  of  An- 
tony, and  Lucius  his  brother,  who  managed  the  affairs  of  Antony  in 
Itafy,  an  appeal  was  made  by  Csesar  to  the  disbanded  veterans ;  who 
having  assembled  in  the  capitol,  constituted  themselves  judges  in 
the  cause,  and  appointed  a  day  for  determining  it  at  Gabii.     Au- 

Sstus  appeared  in  his  defence  ;  but  Fulvia  and  L.  Antonius,  having 
led  to  come,  although  they  had  promised,  were  condemned  in 
their  absence ;  and,  in  confirmation  of  the  sentence,  war  was  de- 
clared against  them,  which  terminated  in  their  defeat,  and  finally  in 
the  destruction  of  Antony,  Dio,  xlvii.  12.  &c.  In  like  manner  the 
articles  of  agreement  between  Augustus,  Antony,  and  Sex.  Pom- 
peius,  were  written  out  in  the  form  of  a  contract,  and  committed  to 
the  charge  of  the  Vestal  virgins,  Dio.  xlviii.  37.  They  were  far- 
ther connrmed  by  the  parties  joining  their  right  hands  and  embracing 
one  another,  /6.  But  Augustus,  says  Dio,  no  lon^r  observed  this 
agreement,  than  till  he  found  a  pretext  for  violatmg  it,  Dio.  xlviii. 

When  one  sued  another  upon  a  written  obligation,  he  was  said, 
agere  cum  to  ex  Syngrapha,  Cic,  Mur.  17. 

Actions  concerning  bargains  or  obligations,  are  usually  named 
ACTIONES  emptif  venditif  locati  vel  ex  locato,  conducli  vel  ex  con" 
duelo  mandati^  &C  They  were  brought  {intendehanivr^  in  this 
manner:  The  plaintiff  said,  AlO  te  mihi  mutui  commodati,  dspo- 

SITl    nomine,    DARB    centum    OPORTERE  ;     AIO    TB    MIRI    EX    STfPU- 

LATO,  LocATo,  DARE  FACERE  OPORTERE.  The  defendant  either  de- 
nied the  charge,  or  made  exceptions  to  it,  or  defences,  {Acloris  tn- 
itntionem  aut  negahat  vel  inficiabahtr,  aut  exceptione  elidthal)  that 
is,  he  admitted  part  of  the  charge,  but  not  the  whole ;  thus,  NEGO 

ME  TlBl  EX  8TIPULATO  CENTUitf  D^RE  OPORTERE,  NISI  QUOD  MBTU, 
DOLO,    ERilORB  ADDUCTUS  SPOPONDI,  Vtl  NISI  quOD  MINOR   XXV.    ANN18 

spopoNDi.  Then  followed  the  SPONSIO,  if  the  defendant  denied, 
Ni  DARE  FACERE  DEBEAT  ;  and  the  RESTIPULATIO,  si  dare  fa- 
cere  DEBBAT ;  but  if  he  excepted,  the  sponsio  was,  ni  dolo  adduc- 
Tus  spopoNDERiT ;  and  the  restipulatio,  si  dolo  adductus  spoponde- 
Rrr.     To  this  Cicero  alludes,  de  Invent,  ii.  19.  Fin.  2.  7.  Att.  vi.  1. 

An  exception  was  expressed  by  these  words,  si  non,  ac  si  non, 
AUT,  SI,  AUT  NISI,  NISI  QUOD,  EXTRA  QUAM  SI.  If  the  plaintiff  answered 
the  defendant's  exception,  it  was  called  REPLICATIO ;  and  if  the 
defendant  answered  him,  it  was  called  DUPLICATIO.  It  some- 
times proceeded  to  a  TRIPLICATIO  and  QUADRUPLICATIO. 
The  exceptions  and  replies  used  to  be  included  in  the  Sponsio,  Iav, 
xxxix,  43.  Cic.  Verr.  i.  45.  iii.  57.  59.  Cacin.  16.  VaL  Max.  ik 
8.2. 
^  When  the  contract  was  not  marked  by  a  particular  name,  the  ac- 


JUDICIAL  PROCEEDINGS,  &c  901 

tion  was  called  actio  prascrictis  verbis,  actio  instrta  vel  ineerti; 
and  the  writ  (formula)  was  not  Composed  by  the  praetor,  but  theT 
words  were  prescribed  by  a  lawyer,  VaL  Max.  viii.  ii.  2. 

Actions  were  sometimes  brought  against  a  person  on  account  of 
the  contracts  of  others,  and  were  called  Jldjfciitm  qualilatis. 

As  the  Romans  esteemed  trade  and  merchandise  dishonourable, 
especially  if  not  extensive,  Ctc.  Off.  i.  42.  instead  of  keeping  shops 
themselves,  they  employed  slaves,  freedmen,  or  hirelings,  to  trade 
on  their  account,  (negotiationibus  prcBjUitbant,)  who  were  called  IN- 
8TITORES,  (quod  negotio  gerendo  insiahant ;)  joxad  actions  brought 
against  the  trader  (m  negoliatorem)  or  against  the  employer  (iVi  do» 
minum^)  on  account  of  the  trader's  transactions,  were  called  AC- 
TIONES  INSTlTORliE. 

In  like  manner,  a  person  who  sent  a  ship  to  sea  at  his  own  risk, 
{suo  pericuto  navem  mart  immittebat,)  and  received  all  the  profits, 
(ad  quem  omnes  obvtntiones  et  rtditus  navis  pervenirent,)  whether  he 
was  the  proprietor  (dominus)  of  the  ship,  or  nired  it,  (navem  per  avev' 
sionem  conauxissei,)  whether  he  commanded  the  ship  himself,  (siv4 
ipse  NAVIS  MAGISTER  essei,)  or  employed  a  slave  or  any  other 
person  for  that  purpose,  (navi  prtefictrtQ  was  called  navis  £X£R- 
CITOR ;  and  an  action  lay  agamst  him  (in  turn  competebat^  eratf  vel 
dabatur^)  for  the  contracts  made  by  the  master  of  the  ship,  as  well 
as  by  himself,  called  ACTIO  EXERCITORIA. 

An  action  lay  against  a  father  or  master  of  a  family,  for  the  con* 
tracts  made  by  his  son  or  slave,  called  actio  D£  PECULO,  or  ac" 
tio  De  in  rem  verso,  if  the  contract  of  the  slave  had  turned  to  his 
master's  profit ;  or  actio  JUSSU,  if  the  contract  had  been  made  by 
the  master^s  order. 

But  the  father  or  master  was  bound  to  make  restitution,  not  to  the 
entire  amount  of  the  contract,  (nan  in  solidumj)  but  to  the  extent  of 
the  pectdium,  and  the  profit  which  he  had  received. 

If  the  master  did  not  justly  distribute  the  goods  of  the  slave  among 
his  creditors,  an  action  lay  against  him,  called  actio  TRIBUTO- 
RIA. 

An  action  also  lay  against  a  person  in  certain  cases,  where  the 
contract  was  not  expressed  but  presumed  by  law,  and  therefore 
called  Obligatio  QUASI  EX  CONTRACTU  ;  as  when  one,  with- 
out any  commission,  managed  the  business  of  a  person  in  his  absence, 
or  without  his  knowledge ;  hence  he  was  called  NEGOTIORUM 
GESTOR,  or  voia;iitarivs  amicus,  Cic.  Cacin.  5.  vel  procurator, 
Cic.  BnU.  4. 

3.  Pbhal  Actions* 

Actions  for  a  private  wrong  were  of  fouf  kinds :  EX  FURTOf 
RAPINA,  DAMNO,  INJURIA ;  for  theft,  robbery,  damage,  and 

personal  injuiT' 

L  The  dififerent  punishments  of  thefts  were  borrowed  from  the 
Athenians.    By  the  laws  of  the  Twelve  Tables,  a  thief  in  the  night- 

26 


MS  ROMAN  ANTIQUITIES. 

time  might  be  put  to  death :  8i  nox  (noctu)  pitrtcm  faxit,  sim  (m 
etcm)  Au^uis  occisrr  {ocdderil)  jurb  casus  esto  ,  and  also  in  the 
day-time,  if  he  defended  himself  with  a  weapon :  Si  luci  furtum 

FAirr,  SIM  ALKiUIS  ENDO  (m)  IPSO  FURTO  CAPSFT  {ceperit)y  VERBB- 
RATORy   ILLlQUEy   Cn    FURTVM   FACTUM   E8C1T  (eW/)    ADDICITOR,   Gelh 

^.  ult.  but  not  without  having  first  called  out  for  assistance,  {sed  non 
nisi  iSf  qui  inUremtiarus  erat,  quiritarbt,  i.  e.  clamartt^  QUUttTRS, 

VOSTRAM  FIDEM,  SC.  imploro^  VCl  FORRO  QUIRITES.) 

The  punishment  of  slaves  was  more  severe.  They  were  scourged 
and  thrown  from  the  Tarpeian  rock.  Slaves  were  so  addicted  to 
this  crime,  that  they  were  anciently  called  fures  ;  hence,  Virg.  Eel, 
hi.  16.  Quid  domini  faciani^  audent  cum  talia  fures  1  so  HoraL  Ep. 
i.  6.  46.  and  theft,  servile  frobrum.  Tacit,  Hist,  i.  48. 

But  afterwards*  these  punishments  were  mitigated  by  various 
kws,  and  by  the  edicts  of  the  preetors.  One  caught  in  manifest 
theft  (in  FURTO  MANIFESTO),  was  obliged  to  restore  fourfold, 
(quadrvpUm^)  besides  the  thing  stolen ;  for  the  recovery  of  which 
there  was  a  real  action  {vindicatio)  against  the  possessor,  whoever 
he  was. 

If  a  person  was  not  caught  in  the  act;  but  so  evidently  guilty  that 
he  could  not  deny  it,  he  vras  called  Fur  NEC  M ANIFESTUS,  and 
was  pjinished  by  restoring  double,  GelL  xl  18. 

When  a  thing  stolen  was,  after  much  search,  found  in  the  posses- 
sion of  any  one,  it  was  called  Furtuh  conceftum,  (See  p.  164.) 
and  by  the  law  of  the  Twelve  Tables  was  punished  as  manifest  theft, 
GelL  ibid.j  Inst.  iv«  1.  4.  but  afterwards,  as/uWtim  nee  mantfestum. 

If  a  thief,  to  avoid  detection,  offered  things  stolen  {res  furtivcu 
vel  Jurto  ahlatas)  to  any  one  to  keep,  and  they  were  found  in  bis 
possession,  he  had  an  action,  called  Actio  furti  oblati,  against  the 
person  who  gave  him  the  things,  whether  it  was  the  thief  or  another, 
for  the  triple  of  their  value,  ihid. 

If  any  one  hindered  a  person  to  search  for  stolen  things,  or  did  not 
exhibit  them  when  found,  actions  were  granted  by  the  prsetor  against 
him,  called  Actiones  furti  frohibiti  et  non  kxhibiti  ;  in  the  last 
for  double.  Plant.  Pcm.  iii.  1.  r,  61.  What  the  penalty  was  in  the 
first  is  uncertain.  But  in  whatever  manner  theft  was  punished,  it 
was  always  attended  with  infamy. 

2.  Robbery  (RAPINA)  took  place  only  in  moveable  things  (in 
rebtis  mobilibus.)  Immoveable  things  were  said  to  be  mvaded,  and 
the  possession  of  them  was  recovered  by  an  interdict  of  the  prsBtor. 

Although  the  crime  of  robbery  (crimen  raptus)  was  mucn  more 
pemicioiM  than  that  of  theft,  it  was,  however,  less  severely  punished. 

An  action  (actio  vi  bonorum  raptorum)  was  granted  by  the  prae- 
tor a^inst  the  robber  (ir^  raptoremt)  only  for  fourfold,  including 
what  he  had  robbed.  And  there  wis  no  difference  whether  the  rob- 
ber was  a  freeman  or  a  slave ;  only  the  proprietor  of  the  slave  was 
obliged,  either  to  give  up,  (eum  noxa  dedere;)  or  pay  the  damage 
{damnum  prastare). 

3.  If  any  one  slew  the  slave  or  beast  of  another,  it  was  called 


JUDICIAL  PROCEEDINGS,  Ac.  903 

DAMNUM  INJURIA  DATUM,  i.  e.  doh  vel  cu^  noceniii  ^d: 
misnan^  whence  actio  vel  judicium  daxni  irjuma,  sc.  datt;  Cie, 
Rose.  Com.  11.  whereby  he  was  obliged  to  repair  the  damage  by 
the  AquUlian  law.     Qui  servum  skrvaxve,  aubnux  aucnakve, 

^UADRUPBDUI   vel    PECUDEM    DTJURIA    OCCIDBUT,    qjJAMTl  ID  Of    BO 

ANNO  PLURDa  FUTT,  (whatever  its  highest  value  was  for  that  year,) 
tahtum  MB  DARE  DOMINO  DAMNA8  BSTo.  By  the  saiue  law,  there 
was  an  action  against  a  person  for  hurting  any  thing  that  belonged 
to  another,  and  also  for  corrupting  another  man's  slave,  for  double, 
if  he  denied,  (aH^ersus  inficiantem  in  duplum,)  /•  L  princ*  D,  cfe 
sery,  corr.  There  was,  on  account  of  the  same  crime,  a  prtetorian 
action  for  double  even  against  a  person  who  confessed,  /•  5.  §  2.  ildd. 

4.  Personal  injuries  or  affronts  (INJURIA)  respected  either  the 
body,  the  dignity,  or  character  of  individuals.— They  were  various- 
ly  punished  at  different  periods  of  the  republic. 

By  the. Twelve  Tables,  smaller  injuries  {injuriiB  /e9toref)'were 
punished  with  a  fine  of  twenty-five  asses  or  pounds  of  brass. 

But  if  the  injury  was  more  atrocious ;  as,  for  instance,  if  any  one 
deprived  another  of  the  use  of  a  hmb,  (si  membbum  rupstt,  i.  e. 
rt^eritf)  he  Whs  punished  by  retaliation,  {taliane^)  if  the  person  in- 

{'ured  would  not  accept  of  any  other  satisfaction.  (Bee  p.  160.)  If 
le  only  dislocated  or  broke  a  bone,  qui  ob  bx  obnttau  (L  e.  ex 
loci  lAi  gignitur,)  fuiht,  he  paid  300  asses,  if  the  sufferer  was  a 
freeman,  and  150,  if  a  slave,  Gel  I.  xz.  1.  If  any  one  slandered 
another  by  defamatory  verses,  (si  quis  aliquem  public^  difdmasseL 
eiqtu  adversus  honos  mores  convicium  fectsset,  affronted  him,  vet 
carmen  famosum  in  eum  condidisset)  he  H^as  beaten  with  a  club^ 
Hor.  Sat.  ii.  1.  v.  82.  Ep.  ii.  1.  v.  154.  Comui.  ad  Pers.  Sat.  h 
as  some  say,  to  death,  Cic.  apud  Augustin.  de  civil,  Dei,  ii.  9  &  12. 

But  these  laws  gradually  fell  into  disuse,  Gell.  xx.  1.  and  bv  the 
edicts  of  the  pi^oetor,  an  action  was  granted  on  account  of  all  per* 
sondl  injuries  and  affronts  only  for  a  fine,  which  was  proportioned 
to  the  dignity  of  the  person  and  the  nature  of  the  injury.  This, 
however,  being  found  insufficient  to  check  licentiousness  and  inso- 
lence, Sulla  made  a  new  law  concerning  injuries,  by  which,  not  only 
a  civil  action,  but  also  a  criminal  prosecution,  was  appointed  for 
certain  injuries,  with  the  punishment  of  exile,  or  working  in  the 
mines.  Tiberius  ordered  one  who  had  written  defamatory  versefl 
against  him  to  be  thrown  from  the  Tarpeian  rock,  Dio.  Ivii.  22. 

An  action  might  also  be  instituted  against  a  person  for  an  injury 
done  by  those  under  his  power,  which  was  called  ACTIO  NOaA* 
LIS  ;  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    8EBVU9,    mSCIENTE    DOMINO,     FURTUM     FAXIT,    NOXIAMVE    NOXFT, 

{nocuerit^  i.  e.  damnum  fecerii^)  NoxiB  deditor  :)  And  so  if  a  beast 
did  any  damace,  the  owner  was  obliged  to  offer  a  compensation,  or 
give  up  the  beast;  (si  ^uadrupes  faupkrikm  {damnwn)  faxit, 
noMtNos  NoxjE  JESTIMIAM  {damni  cestimationem)  offebto  :  si  nolit, 

WOD  NOXIT  DATO.) 


304  ROMAN  ANTIQUITIES. 

There  was  nonaction  for  ingratitude,  (actio  ingrati)  as  amonff  the 
Macedonians,  or  rather  Persians ;  becausei  says  Seneca,  all  the 
courts  at  Rome,  (omnia  fora^  sc.  iria^  de  Ir.  ii.  9.)  would  scarcely 
have  been  sufficient  for  trying  it,  Senec»  Benef.  iii.  6.  He  adds  a 
better  reason ;  quia  hoc  crimen  in  legem  cadere  non  debet,  c.  7. ' 

4.  Mixed  akd  ARBrrRART  AcHons. 

Actions  by  which  one  sued  for  a  thing,  {rem  persequebatur,)  were 
called  Actiones  rei  persbcotori  je  ;  but  actions  merely  for  a  penalty 
or  punishment,  were  called  PCENALES ;  for  both,  mixtje. 

Actions  in  which  the  judge  was  obliged  to  determine  strictly,  ac- 
cording to  the  convention  of  parties,  were  called  Actiones  STRIC- 
TI  JURIS :  actions  which  were  determined  by  the  rules  of  equity, 
(ex  tBquo  et  bono,)  were  called  ARBITRARlX  or  BONiE  FIDEI. 
In  the  former  a  certain  thing,  or  the  performance  of  a  certain  thing, 
(certa  prastatio,)  was  required  ;  a  sponsio  was  made,  and  the  judge 
was  restricted  to  a  certain  form  ;  in  the  latter,  the  contrary  of  all 
this  was  the  case.  Hence,  in  the  form  of  actions  bonce  fidei  aboat 
contracts!  these  words  were  added,  Ex  bona  fide  ;  in  those  trusts 
called  fiduda,  Ut  inter  bonos  BENE  agier  ofortet,  et  sine 
FR^UDATioNE  ;  and  in  a  question  about  recovering  a  wife's  portfon 
after  a  divorce,  (in  arJbiirio  rei  uxoria,)  and  in  all  arbitrary  actions. 
Quantum  vel  quid  aquius,  melius,  Cic.  de  Offic.  iii.  14.  Q.  Rose, 
4.  Topic.  17. 

IV.  Different  Kinds  o/ Judges;  JUDICES,  ARBITRl, 
RECUPERATORES,  et  CENTUMVIRL 

After  the  form  of  the  writ  was  made  out,  (concepta  actionis  tn- 
teniione,)  and  shown  to  the  defendant,  the  plaintiff  requested  of  the 
preetor  to  appoint  one  person  or  more  to  judge  of  it,  ( judicem  vel 
jxtdicium  in  eam  a  prcetore  postulabat.)  If  he  only  asked  one,  he 
asked  b,  judex,  properly  so  called,  or  an  arbiter  :  If  he  asked  more 
than  one,  (judicium,)  he  asked  either  those  who  were  called  Recu-- 
peratores  or  Centumviri, 

1.  A  JUDEX  judged  both  of  fact  and  of  law,  but  only  in  such 
cases  as  were  easy  and  of  smaller  importance,  and'  which  he  was 
obliged  to  determine  according  to  an  express  law  or  a  certain  form 
prescribed  to  him  by  the  praetor. 

2^  An  ARBITER  judged  in  those  causes  which  were  called 
5an(B^(/ei,  and  arbitrary,  and  was  not  restricted  by  any  law  or  form, 
(totius  reiarbitriumhabuit  et  potestalem  ;  he  determined  what  seem- 
ed equitable  in  a  thing  not  sufficiently  defined  by  law,  Festus,)  Cic. 
pro  Rose.  Com.  4.  5.  Of.  iii.  16.  Topic.  10.  Senec.  de  Benef.  iii.  3. 
7.  Hence  he  is  called  HONORARIUS,  Cic.  Tusc.  v.  41.  de  Fato, 
17.  Ad  arbitrum  vel  judicem  ire,  adire,  confugere,  Cic.  pro  Rose. 
Com.  4.  arbitrum  sumere,  ibid,  caper e,  Ten*  Heaut.  iii.  1.  94. 
Adelph.  i.  2.  43.  Arbitrum  adioerb,  i.  e.  ad  arbitrum  agere  vel  co^ 


JUDICIAL  PROCEEDINGS,  &c.  906 

Mf€,  to  force  one  to  submit  to  an  arbitration,  Cic.  Q^.  iii.  16.  Top. 
10.  M  arbUrxnn  vocare  vel  apptlUrt^  Plant  Rud.  iv.  3.  99.  104. 
Ad  %tl  APOD  JUDiCEM,  agere^  experiri^  litegare^  peUre.  But  arbiter 
and  judex,  arhiirium  and  judicium^  are  sometimes  confounded,  Cic. 
Rose.  Com.  4.  9.  Am.  39.  Mar,  12.  QvirU.  3.  Arbiter  is  also  some- 
times put  for  TESTIS,  Flacc.  36.  Sallust.  Cat.  20.  Liv.  ii.  4.  or  the 
master  or  director  of  a  feast,  arbiter  bibendi^  Hor.  Od.  ii.  7.  23. 
arbiter  Adria^  ruler,  Id.  i.  3.  mari^,  having  a  prospect  of,  /d.  £pu<.  i. 
11*  26. 

A  person  chosen  by  two  parties  by  compromise  (ex  compromisso^) 
to  determine  a  difference  without  the  appointment  of  the  prstor, 
was  also  called  arbiter ^  but  more  properly  Compromissarius. 

3.  RECUPERATORES  were  so  called,  because  by  them  every 
«ne  recovered  his  own,  Theopkil.  ad  Inst.  This  name  at  first  was 
given  to  those  who  judged  between  the  Roman  people  and  foreign 
states,  about  recovering  and  restoring  private  things,  Fesius  in  ri- 
ciPERATio,  reprisal;  and  hence  it  was  transferred  to  those  judges 
who  were  appointed  by  the  praetor  for  a  similar  purpose  in  private 
controversies.  Plant.  Bacck.  ii.  3.  v.  36.  Cic.  in  CtBcin.  L  tsLC.  CaeU* 
17.  But  afterwards  they  judged  also  about  other  matters,  lAv.  xxvi. 
48.  Suet.  Xer.  17.  Domit.  8.  Geli.  xx.  1.  They  were  chosen  from 
Roman  citizens  at  lai^,  according  to  some,  but  more  properly,  ac- 
cording to  others,  from  the  judices  select],  (ex  albo  jxidicum^  from 
the  list  of  judges,)  Plin.  Ep.  iii.  20.  and  in  some  cases  only  from  the 
senate,  Liv.  xliii.  2.  So  in  the  provinces  {ex  conventu  Romanorum 
civiutn,  L  e.  ex  Romanis  civibus  am  juris  et  judiciorvm  causA  in  cer* 
turn  locum  conven irr  solebant.  See  p.  141.)  Cic.  Verr.  ii.  13.  v.  5. 
86.  59. 69.  CtKs.  de  bell.  Civ.  ii.  20. 36.  iii.  21. 29.  where  they  seem 
to  have  judged  in  the  same  causes  as  the  Centumviri  at  Rome,  Cic. 
Verr.  iii.  11.  13.  28.  59.  A  trial  before  the  Recuperatores  vras 
called  Judicium  recupbratorium,  Cic.  de  Invent,  ii.  20.  Suet.  Ves^ 
pas.  3.  cum  aliquo  recuperatores  snmere^  vel  eum  ad  reaqfenUores 
adducere,  to  bring  one  to  such  a  trial,  Liv.  xliii.  2. 

4.  CENTUMVIRI  were  judges  chosen  from  the  thirty-five  tribes, 
three  from  each ;  so  that  properly  there  were  105,  but  they  were 
always  named  by  a  round  number,  Centubcviri,  Festus.  The  causes 
which  came  before  them  {causes  centumvirales)  are  enumerated  by 
Cicero,  de  Orat.  i.  38.  They  seem  to  have  been  first  instituted 
soon  citer  the  creation  of  the  prator  Peregrinus.  They  judged 
chiefly  concerning  testaments  and  inheritances.  Cic.  ibid. — pro  Vcs" 
cin.  18.   Valer.  Max.  vii.  7.  Qmnctil.iv.  7.  Plin.  iv.  8.  32. 

After  the  time  of  Augustus  they  formed  the  council  of  the  prsBtor, 
and  judged  in  the  most  important  causes.  Tacit,  de  Orat.  38.  whence 
trials  before  them  (JUDICIA  CENTUMVIRALIA,)  are  some- 
times distinguished  from  private  trials,  Plin.  Ep^  1.  18.  vi.  4.  33. 
Quinctil.  iv.  1.  v.  10.  but  these  were  not  criminal  trials,  as  some 
luive  thought.  Suet.  Vesp.  10.  for  in  a  certain  sense  all  trials  were 
public,  ( JUDICIA  PUBLICA.)  Cic.pro  Arch.  2. 

The  number  of  the  Centumviri  vras  increased  to  180,  and  they 


906  ROMAN  ANTIQUITIES. 

were  diTided  into  four  councils,  Plin,  Ep.  L  1&  iy.-  34^  ▼!•  33. 
.Qth'ncaV.  xii.  5.  Hence  Quadruflbx  Judicium,  is  the  flame  as 
cxNTUM viRALB,  ibid,  sometimefl  only  into  two,  QwncixL  ▼.  2.  zL  1* 
and  sometimes  in  important  causes  they  judged  altogether,  Valer^ 
Max.  Tii.  8.  1.  Plin.  Ep.  vi.  33.  A  cause  tefore  the  Cenlumrai 
could  not  be  adjourned,  Plin.  Ep.  i.  18. 

Ten  men  (DECEMVIRI)  see  p.  129.  were  appcmited,  five  se- 
nators and  five  equites,  to  assemble  these  councils,  and  preside  in 
them  in  the  absence  of  the  praetor,  Suet.  Aug.  36. 
•  Trials  before  the  ctntwnviri  were  usually  held  in  the  Basilica  Ju' 
Hay  PUn.  Ep.  ii.  24.  Quintil.  xii.  5.  sometimes  in  the  Forun^.  The^ 
had  a  spear  set  upright  before  them,  Qitintil.  v.  2.  Hence  judicP' 
um  Aa«fiE,  for  CBNTUMVi  RALE,  Valer.  Max.  vii.  8.  4.  Centumviralem 
hasiam  cogere^  to  assemble  the  courts  of  the^  Centumvirif  and  pre- 
side in  them,  Suet.  Aug.  36.  So  Ceiitum  gravis  hasta  viaoBUM, 
Mart.  Epig.  vii.  62.  Cessat  centtni  moderatrix  judicis  Ao^to,  Slat. 
Sylv.  iv.  4.  43. 

The  centumviri  continued  to  act  as  judges  for  a  whole  year,  but 
the  other  judices  only  till  the  particular  cause  was  determined,  for 
which  they  were  appointed. 

The  DECEMVIRI  also  judged  in  certain  causes,  Cic.  Cctdn.  3S. 
Dam.  29.  and  it  is  thought  that  in  particular  cases  th^  previously 
took  cognizance  of  the  causes  which  were  to  come  before  the  ceu' 
hanviriy  and  their  decisions  were  called  Prjbjudicia,  Stgonius  de 
Judic. 

V.  The  APPOLNTMEMT  of  a  JUDGE  ar  JUDGES. 

Of  the  above-mentioned  judges,  the  plaintiff  proposed  to  the  de- 
fendant (adversaria  perebat,)  such  judge  or  judges  as  he  thought 
proper  according  to  the  wprds  of  the  sponsio,  ni  rrA  bsset  :  Hence 
JUDiCBM  vel  -es  pbrre  alicui,  ni  ita  esset,  to  undertake  to  prove 
before  a  judge,  or  jury,  that  it  was  so,  Liv.  iii.  24.  57.  viii.  33» 
dc.  Quint.  15.  de  Oral.  ii.  65.  and  asked  that  the  defendant  would 
be  content  with  the  judge  or  judges  whom  he  named,  and  not  ask 
another  (ne  alium  procaret,  i.  e.  posceret^  Festus.)  If  he  ap- 
proved, then  the  judge  was  said  to  be  agreed  on,  convenibe,  Cte. 
pro  Q.  Rose.  15.  Cluent.  43.  Valer.  Max.  ii.  8.  2.  and  the  plaintiff 
requested  of  the  prsetor  to  appoint  him,  io  these  words,  Ph^tor, 

JVOICBM   ARBITRUMYE   POSTULO,  UT  DBS    IN    DIKM    TBRTIUM  SIVB  PB- 

RENDiNUM,  Cic. pro  Mur.  12.  Valer.  Prob.  in  Ao/i#,and  in  the  same 
manner,  recuperatores  were  asked,  Cic.  Verr.  iii.  68.  hence  judices 
dare^  to  appoint  one  to  take  his  trial  before  the  ordinary  judices^ 
Plin.  £p.  IV.  9.  But  centumviri  were  not  asked,  unless  both  parties 
aubscribed  to  them,  Plin.  Ep.  v.  1. 

If  the  defendant  disapproved  <rf  the  judge  proposed  by  the  plain* 
tiff,  he  said,  Hunc  ejbro  vel  noi/>,  Cic.  de  Orat.  ii.  70.  Plin.  Paneg. 
36.     Sometimes  the  plaintiff  desired  the  defendant  to  name  the 

judgie,  (OT  JUDICBAI  DICBBBT,)  liv.  XLU  36. 


JUDICIAL  PROCEEDINGS,  &&  907 

The  judge  or  judges  agreed  ou  by  ^  the  parties,  were  appomted 
(Dabantur  vei  ADpicEBANTUR,)  by  the  prsBtor  with  a  certain  form 
answering  to  the  nature  of  the  action.  In  these  forms  the  prstor 
always  used  the  words,  81  PARET,  i.  e.  appartt ;  thus,  C.  Ac- 

QUILLl  ;  JUOKX  ESTO,  Si  PARET,  FUNDUM  CAPENATEM,  BE  QUO  SeK- 
▼1UU8   AGIT    CUM   CaTULO,   SeBVUJI    esse   ex   jure    QUISITIUVy  NE- 

QUB  IS  Sbrvhjo  a  Catulo  restituatur,  tux  Catulum  coni>em- 
NA*  But  if  the  defendant  made  an  exception,  it  was  added  to  the 
form,  thus;  Extra  quam  si  testahentum  prodatur,  quo  appa- 
RBAT  Catuu  B8SB.  If  the  prffitor  refused  to  admit  the  exception, 
an  appeal  might  be  made  to  the  tribunes,  Ctc.  Acad,  QviesL  iv.  90. 
The  prsetor,  if  he  thoucht  proper,  might  appoint  different  judges 
from  tiiose  chosen  by  the  parties,  although  he  seldom  did  so  ;  and 
no  one  could  refuse  to  act  as  b.  judex,  when  required,  without  a  just 
cause,  Smi,  Claud.  15.  Plin,  Ep.  iii.  ^20.  x.  66. 

The  pnetor  next  prescribed  the  number  of  witnesses  to  be  called, 
(quibus  denunciaretur  tesUmonium,)  which  commonly  did  not  exceed 
ten.  Then  the  parties,  or  their  agents  (PROCURATORES),  gave 
security,  (satisdabant,)  that  what  was  decreed  should  be  paid,  and 
the  sentence  of  the  judge  held  ratified,  (JumcATux  solvi  tt  rbm 

BAT  AM  HABBBI.) 

In  arbitrary  causes  a  sum  of  money  was  deposited  by  both  parties^ 
called  COMPROMISSUM,  Ctc.  pro  Rose.  Com.  4.  Verr.  ii.  27.  ad 
Q.  Fratr.  ii.  15.  which  word  is*  also  used  for  a  mutual  agreement, 
Cic.  Fam.  xii.  30. 

In  a  personal  action  the  procuratores  only  gaye  security ;  those  of 
the  plaintiff,  to  stand  to  the  sentence  of  the  judge  ;  and  those  of  the 
defendant,  to  pay  what  was  decreed,  Ctc.  i^uinU  7.  Ait.  xyi.  15. 

In  certain  actions  the  plaintiff  gave  security  to  the  defendant,  that 
no  more  demands  should  be  made  upon  him  on  the  same  account, 
(€0  nomine  a 8t  nebinbm  abflius  vel  postea  petiturub,)  Cic.  BruU 
5.  Rote.  Com.  12.  Faim.  xiii.  29. 

After  this  followed  the  LITIS  CONTESTATIO,  or  a  short  nar* 
ration  of  the  cause  by  both  parties,  corroborated  by  the  testimony 
of  witnesses,  Ctc.  Alt.  xyi.  15.  Rote.  Com.  11.  12.  18.  Fesius  ^  Ma* 
crob.  Sat.  iii.  9. 

The  things  done  in  court  before  the  appointment  of  the  judkef^ 
were  properly  said  in  jure  fieri,  after  that,  in  judicio  ;  but  this 
distinction  is  not  always  obsepyed. 

After  ibe  judex  or  iidices  were  appointed,  the  parties  warned  each 
other  to  attend  the  third  day  after,  [inter  se  m  perendinum  diem,  ut 
ad  judicium  venirenl,  denunciabant,)  which  was  called  COMPE- 
RENDINATIO,  or  condictio,  Ascon.  in  Cic. — Festus ;  GelL 
xiy.  2.  But  in  a  cause  with  a  foreigner,  the  day  was  called  DIES 
STATUS,  Macrob.  Sat.  i.  16.  Status  condictus  cum  hoste,  (i.  e. 
cum  peregrino,  Cic.  Off.  i.  32*)  pies.  Plaut.  Cure,  i.  I.  5.  (SelL 
xyi.  4. 


906  ROMAN  ANTIQUITIES. 

VI.  Tht  MANNER  of  conducting  a  TRIAL. 

When  the  day  came,  the  trial  proceeded,  unless  the  judge  or 
some  of  the  parties,  was  absent  from  a  necessary  cause,  {tx  morbo 
vel  causa  sontica^  Festus,)  in  which  case  the  day  was  put  off,  (dif- 
Fissos  EST,  i.  e.  prolatus;  Gell.  xiv.  2.) 

If  the  judge  was  present,  he  first  took  an  oath  that  he  would  judge 
according  to  law,  according  to  the  best  of  his  judgment,  (Ex.  animi 
8BNTENTIA,)  Ctc.  Acod.  Q.  47.  at  the  altar,  (aram  tenens^  Cic  Flacc 
36.)  called  PUTEAL  LIBONIS,  or  Scribonianum,  because  that 
place  being  struck  with  thunder,  (fulmxnt  altaclus^)  had  been  ex- 
piated (procuratus)  by  Scribonius  Libo,  who  raised  over  it  a  stone 
covering  {suggestum  lapideum  cavtim),  the  covering  of  a  well,  {putei 
operculum,  vel  fdteai«,)  open  at  the  top,  {suptme  aptrtum^  Festus,) 
in  the  Forum ;  near  which  the  tribunal  of  the  prsetor  used  to  be» 
Horat.  Sat.  ii.  6.  v.  35.  Ep.  i.  19.  8.  and  where  the  usurers  met, 
Ctc.  Sext.  8.  Ovid,  dt  Rtm.  Am.  561.  It  appears  to  have  been  dif- 
ferent from  the  Puteal^  under  which  the  whetstone  and  razor  of  At- 
tius  Navius  were  deposited,  Cic.  de  Divin.  u  17.  in  the  comilium  at 
the  left  side  of  the  senate-house,  Liv.  i.  36. 

The  Romans,  in  solemn  oaths,  used  to  hold  a  flint-stone  in  theiF 
right  hand,  saying,  Si  sciens  fallo,  tum  me  Diespiter,  salva  ur- 

BB  ARCE<iUE,  BONIS  EJICIAT,  UT  EGO  HUNC  LAFIDEM,  FestUS  in  LAPIS, 

Hence  Jovem  lapidem  jurare^  for  per  Jovem  tt  lapidtm^  Cic.  Fam. 
vii.  1.  12.  Liv.  xxi.  45.  xxii.  53.  Gell.  i.  21.  The /ormti/a  of  takintt 
an  oath  we  have  in  Plant.  Rud.  v.  2.  45.  &;c.  and  an  account  of  di? 
ferent  forms,  Ctc.  Acad.iv.  4n.  The  most  solemn  oath  of  the  Ro* 
mans  was  by  their  faith  or  honour,  Dionys.  ix.  10.  8.  48.  xi.  54. 

The  judex  or  judices^  after  having  sworn,  took  their  seats  in  the 
subsellia^  (ouasi  ad  pedes  pratoris  ^)  whence  they  were  called  JU- 
DICES  PEDANEl ;  and  sedere  is  often  put  K>r  coonosceae,  to 
judffe,  Plin.  Ep.  v.  I.  vi.  33.  sedere  auditurus,  Id.  vi.  31.  Sederb 
IS  also  applied  to  an  advocate  while  not  pleading,  Plin.  Ep.  iii.  9.  f. 

The  judeXf  especially  if  there  was  but  one,  assumed  some  law- 
yers to  assist  him  with  their  counsel,  {sibi  advocavit,  tU  m  consilio 
adessentf  Cic.  Quint  2,  in  consiliiun  rogavit,  G^ll.  xiv.  2.)  whence 
they  were  called  CONSILIARU,  Suet.  Tib.  33.  Claud.  12, 

If  any  one  of  the  parties  were  absent  without  a  just  excuse,  he 
was  summoned  by  an  edict,  (see  p.  109.)  or  lost  his  cause,  Ctc. 
Qmnt.'^.  If  the  prastor  pronounced  an  unjust  decree  in  the  absence 
of  anyone,  the  assistance  of  the  tribunes  might  be  implored,  ibid.  20» 

If  both  parties  were  present,  they  first  were  obliged  to  swear  that 
they  did  not  carry  on  the  lawsuit  from  a  desire  of  litigation,  (Ca- 
iiUMifiAM  JuRARB,  vel  de  calumnia,)  Liv.  xxxiii.  49.  Cic.  Fam.  viii, 
8.— 1.  16.  D.  jurej.  Qtu^d  injuratus  in  codicem  referre  noluit^  sc 
quia  falsum  erat,  id  jurare  in  litem  nan  dubitet^  L  e.  id  sibi  debtri, 
jurj^urando  confirmare^  litis  obtinendce  causA^  Cic.  in  Rose.  Com.  I. 

Then  the  advocates  were  ordered  to  plead  the  cause,  which  they 
did  twice,  one  after  another,  in  two  different  methods,  Appian.  dc 


JUDICIAL  PROCEEDINGS,  &c  909 

Bell.  Civ.  I  p.  663,  first  briefly,  \vhich  was  called  C  AUSiE  CON- 
JECTIO,  qua  si  catu€B  in  breve  coactio,  A  scon,  in  Cic.  and  then  in 
a  formal  oration,  {jusia  ordtione  perorabant,  Grell.  xvii.  2.)  they  ex- 
plained the  state  of  the  c^use,  and  proved  ^heir  own  charge  {actiO' 
nem)  or  defence  (fn/iciationem  vel  excep/tonem,)  by  witnesses  and 
writings,  {testibiu  et  tabulis,)  and  by  arffuments  drawn  from  the  case 
itself,  (ex  ipsa  de  deductis,)  Cic.  pro  P.  Quinct  et  Rose  Com. — 
Gell.  xiT.  2.  and  here  the  orator  chiefly  displayed  his  art,  Cic.  dt 
Oral.  \u  42.  43.  44.  79.  81.  To  prevent  them,  however,  from  be« 
ing  too  tedious,  {ne  in  immensum  evagarentur,)  it  was  ordained  by 
the  Pompeian  law,  in  imitation  of  the  Greeks,  that  they  should  speak 
by  an  hour-glass,  (ut  ad  CLEPSYDRAM  dicer ent,  i.  e.  vas  vitreunif 
graciliCer  fistulatum^  in  f undo  cujus  erat  Jvramen,  unde  aqua  gutta* 
iim  effiueretf  atque  ita  tempus  metiretur ;  a  water-glass^  somewhat  like 
our  sand-glasses,  Cic.  de  Orat,  iii.  34.)  How  many  hours  were  to 
be  allowed  to  each  advocate,  was  left  to  the  judices  to  determine, 
Oic.  Quint.  9.  Plin.  Ev.  j.  20.  iv.  9.  ii.  U.  14.  i.  23.  vi.  2.  6.  Dial, 
de  Cans.  Corr.  Elop.  38.  '  These  glasses  were  also  used  in  the  army, 
F<5g«T.  iii.  8.  C<Es.  de  Bell.  G.  v.  13.  Hence  dare  vel  pelere  plurus 
clepsydras^  to  ask  more  time  to  speak :  Quoties  judico,  qtiajiium  quis 
piurimum  postulat  aqtuB  do,  I  give  the  advocates  as  much  time  as 
they  require,  Plin.  Ep.  vi.  2.  I'he  clepsydrm  were  of  a  diflerent 
length ;  sometimes  three  of  them  in  an  hour,  Plin.  Ep.  iL  11, 

The  advocate  sometimes  had  a  person  by  him  to  suggest  {qui 
subjiceret)  what  he  should  say,  who  was  called  MINIS'rRATOR, 
Cic.  de.Orat.  ii.  75.  Place.  22.  A  forward  noisy  speaker  was  call- 
ed Rabula,  (a  rabie^  quasi  lati^ator,)  vel  proclamator^  a  brawler 
or  wrangler,  Cic.  de  UraL  i.  46. 

Under  the  emperors,  advocates  used  to  keep  persons  in  pay, 
{cofylucti  ei  redempti  MANCIPES,)  to  procure  for  them  an  audi- 
ence, or  to  collect  hearers,  {coronam  colligere,  auditores  v.  audtturos 
corrogare^)  who  attended  them  from  court  to  court,  (ex  judicio  in 
judicium^)  and  applauded  them,  while  they  were  pleading,  as  a  man 
who  stood  in  the  middle  of  them  gave  the  word,  (fjuum  i*«tfoxowc 
dedii  signum.)  Each  of  them  for  this  service  received  his  dole, 
(sportula)  or  a  cert|iin  hire,  {par  msrces^  usually  three  denarii^  near 
28.  sterling ;)  hence  they  were  called  laudic/bni,  i.  e.  qui  ob  canam 
laudabant.  This  custom  was  introduced  by  one  Largius  Licinius, 
who  flourished  under  Nero  and  Vespasian  ;  and  is  greatly  ridiculed 
by  Pliny,  Ep.  ii.  14  See  also,  vi.  2.  When  a  client  gained  his 
cause,  he  used  to  fix  a  garland' of  green  palm  {virides  palma)  at  his 
lawyer's  door,  Juvenal,  vii.  118. 

When  the  judges  heard  the  parties,  they  were  said  its  operah 
DARE,  /.  18.  pr.  D.  dejudic.  How  inattentive  they  sometimes  were, 
we  learn  from  Macrobius^  SatumaL  ii.  12. 


27 


SIO  ROMAN  ANTIQUmCS. 

Vn.  The  MAimER  of  giving  JUDGMENT. 

Tbs  pleadings  being  ended,  {causA  utrinque  peroratA^)  judsment 
was  given  after  mid-day,  according  to  the  law  of  the  Twelve  "brailles. 
Post  MiaiDiEM  presbnti,  {etiamsi  unus  iantum  praiens  tit^)  litem 
ADDiciTO,  i.  e.  dedditOf  GelL  17.  2.  • 

If  there  was  any  difficulty  in  the  cause,  the  judge  sometimes  took 
tibe  to  consider  it,  diem  dxffiixdi^  i.  e.  differri  jussitf  vr  am pliu» 
DELiBERARBT  {TtT.  Phorm.  iL  4.  17.)  if,  after  all,  he  remained  un- 
certain,  he  said,  {dixU  vel  juravit,)  MIHI  NON  LIQUET,  I  am 
not  clear,  GelL  xiv.  3.  And  thus  the  affair  was  either  left  unde- 
termined {injudicatOf)  GelL  v.  10.  or  the  cause  was  again  resumed, 
{eecunda  actio  inttituta  esi^)  Cic.  Casein.  2. 

If  there  were  several  judges,  judgment  was  eiven  according  to  the 
(pinion  of  the  majority,  (^ententta  hUa  est  depJurium  senientia  ^  hnt 
it  was  necessary  that  they  should  be  all  present  If  their  opinionB 
were  equal,  it  was  left  to  the  pnetor  to  determine,  /.  28.  36  &  38. 
D.  de  rejud.  The  judge  commonly  retired,  {secessit;)  with  his  as- 
sessors, to  deliberate  on  the  case,  and  pronoimced  judgment  accord- 
ing to  their  opinion,  {ex  consilii  sententid,^  Plin.  Ep.  v.  1.  vi.  31. 

Sentence  was  variously  expressed ;  m  an  action  of  freedom, 
thus,  YIDERI  5IBI  HUNG  HOHiNEH  LIBERUM ;  in  an  action  of 
injuries,  YIDERI  jure  fecisse  vel  nobt  fecisse  ;  in  actions  of 
contracts,  if  the  cause  was  given  in  favour  of  the  plaintiff,  Titiuk 
Seio  CENTUM  coNDEMNO  ;  if  in  favour  of  the  defendant,  Secundum 
iLLUM  LITEM  DO,  Fol.  Max,  ii.  8.  2. 

An  arbiter  gave  judgment,  (arbitritsm  pronunctavit)  thus ;  ARBI- 
TROR  te  hoc  modo  satisfacere  ACTORi  DEBERE ;  If  the  defend- 
ant did  not  submit  to  his  decision,  then  the  arbiter  ordered  the  plain- 
tiff to  declare  upon  oath,  at  how  much  he  estimated  his  damages, 
{quanti  litem  (BBtimarety)  and  then  he  passed  sentence,  {senientiam 
hi/ti,)  and  condemned  the  defendant  to  pay  him  that  sum ;  thaa^ 
Centum  ds  quibus  actor  in  litem  juravit,  redde,  /.  18.  D.  dd 
dole  malo, 

VIII.  Whatfollcwed,  after  JUDGMENT  was  given. 

ArriR  iudgment  was  given,  and  the  lawsuit  was  determined,  {tUe 
dijudicatA^  the  conquered  party  was  obliged  to  do  or  pay  what  was 
decreed,  (judicatum  facbre  vel  solvere  ;)  and  if  he  failed,  or  did 
not  find  securities,  (sponsores  vel  vindices^)  within  thirty  days,  he 
was  given  up,  (Judicatus,  i.  e.  damnatus  et  abdictus  estj)  by  the 
protor  to  his  adversary,  (to  which  custom  Horace  alludes,  Od.  iii. 
3.  23.)  and  led  away  (abductus)  by  him  to  servitude,  Cic,  Flacc. 
19.  Liv.  VL  14  34.  &c.  Plaut.  Pan.  iii.  3.  94.  Jtsin.  v.  2.  87.  GeU. 
XX.  1.    These  thirty  days  are  called  in  the  Twelve  Tables,  DIES 

JUSTI  ;   REBUS  JURE    JUDICATIS,  XXX.  DIES   JUSTI   SUNTO,   POST  DK- 

iNDB  manus  iNjECTio  E8T0,  IN  JUS  DucrTo.     See  p.  47. 
After  sentence  was  passed,  the  matter  could  not  be  altered ; 


JUDICIAL  PROCEEDOiOS,  dec  •    911 

I 

heaoe  ▲0b&b  actum,  to  labonr  in  Tain,  Ctc.  Amie.  23.  Jiiie.  uu  18. 
.  Ter.  Phorm.  li.  2.  72»  Actum  est ;  acte  «f  #•  res  ;  ^erti,  all  is  over,  I 
am  imdoiie,  Ter.  Andr.  iii.  1.  7.  Adtlph.  iiL  2.  7.  Cu:.  il/Vii.  zIy. 
d.  Actum  esi  de  me,  I  am  ruined,  P/ati<.  Pseud,  i.  1.  83.  Z)e  Sema 
Qctum  rati^  that  all  was  over  with  Servius ;  that  he  viras  tlain,  Ltv.  i» 
47.  So  Sue/.  Aer.  42.  Actum  (i*  e.  ra/um)  habebo  quod  egeris^  Cic. 
TuBC  iiL  21. 

In  certain  cases,  especially  when  any  mistake  or  fraud  had  been 
committed,  the  pr»tor  reversed  the  sentence  of  the  judges,  (remju* 
dkatam  resciditt)  in  which  case  he  was  said  damnalos  in  inteoruji 
aKSTiToaaE,  Cic.  Vtrr,  v.  6.  Cluent.  36.  T^er.  PAorm.il  4*  IL  or 

JOniCIA  RBSTITOERB,  Cic.  VetT^  li.  26. 

After  the  cause  was  decided,  the  defendant,  when  acquitted,  might 
king  an  action  against  the  plaintiff  for  false  accusation,  (actorkh 
CALUMNI^  posTULARE,)  Cic. pro  Cluent,  31.  Hence  Calum- 
NiA  litium^i.  e.  lites  per  calumfiiam  intentcB^  unjust  lawsuits,  Cir.  Mil. 
27.  Catumniarum  metum  injictre^  of  false  accusations.  Suet,  Cms.  20. 
ViUL  7.  Dondi.  9.  Ferre  calummam^  i.  e.  calumnuB  convictum  -  esse, 
▼el  calumnm^  damnari  aut  de  calumniat  Cic.  Fam.  viii.  8.  Gell.  xiv* 
2.     Calumniam  non  effugiet^  he  will  not  fail  to  be  condenmed  for 

fidse  accusation,  Cic.  Cluent,  59. Injurue  existunt  c  alumni  a,  i.  e, 

callidA  et  malitiosd  juris  tnferpreta/tone,  Ctc.  OS,  L  10.  Calumnia 
timoris^  the  misrepresentation  of  fear,  which  always  imagines  things 
worse  than  they  are,  Fam,  vi.  7.  Calumnia  religionis^  a  false  pre^ 
text  of,  ibid.  i.  I.  calumnia  dicendi^  speaking  to  waste  the  time,  AtL 
iv.  2.  Calumnia  paucorum^  detraction,  SaU.  Cat.  30.  Cic^  Acad,  iv, 
L    So  CALUMNIARI, /a/«am  litem  intendere^  et  calumniator,  d^c* 

There  was  also  an  action  against  a  judge,  if  he  was  suspected  of 
having  taken  money  from  either  of  the  parties,  or  to  have  wilfully 
^iven  wrong  judgment  (dolo  malo  vel  imperitia).  Corruption  in  a 
ludge  was,  oy  a  law  of  the  Twelve  Tables,  punished  with  deatht 
but  aflerwards  as  a  crime  of  extortion,  {repetundarum.) 

If  a  judge  from  partiality  or  enmi^  (gratti  vel  tnimic»<t^),  evi« 
dently  favoured  eitner  of  the  parties,  he  was  said  I^item  suam  fa- 
cere,  Uhian.  GelL  X.  1.  Cicero  applies  this  phrase  to  an  advocate 
too  keenly  interested  for  his  client,  de  Oral.  iL  75. 

In  certain  causes  the  assistance  of  the  tribunes  was  asked,  (Tfti* 

BUNl  APPELLABABiTUR,)   Cic.  Qmut.  7.  20.  ' 

As  there  was  an  appeal  (APPELLATIO)  from  an  inferior  to  a 
superior  magistrate,  Liv.  iii.  56.  so  also  from  one  court  or  judge  to 
another,  {ab  inferiore  ad  superius  tribunal^  vel  ex  minore  ad  major- 
em  judicemj  pr<Biexlu  iniqui  gravaminis^  of  a  grievance,  vel  injustcB 
sentential)  Ulpian.  The  appeal  was  said  ADMITTI,  recipi,  non 
rrcipi,  repudiari  :  He  to  whom  the  appeal  was  made,  was  said  De 

vel  ex  APPEIXiATIONE    CoONOSCERf,  JUOICARE,  SENTEDiTIAM  DICKRE* 
PRONONCIARX  APFBLLATIOKEM  JUsIaM  vH  INJUSTAM  ESSE. 

After  tlie  subversion  of  the  rebublic,  a  final  appeal  was  made  to 
the  emperort  both  in  civil  and  criminal  affairs,  Suet.  Aug.  33.  Dio* 


I 


312  ROMAN  ANTIQUITIES. 

111.  33.  Act.  Apoit  XXV.  11.  as  formerly  (paovocATio)  to  the  pM« 
pie  in  criminal  trials,  Suet.  Cat.  12. 

At  fii*st  this  might  be  done  freely,  {aniea  vacuum  id  soluiumgue  pet" 
n&fueratf)  but  afterwards  under  'a  certain  penalty,  Tacii.  Aw 
naL  xvi.  28.  Caligula  prohibited  any  appeal  to  him,  {magis'- 
iratibus  libtram  jurisdiciinntm^  tt  sine  stti  provocaiione  concessit^) 
Suet.  Cal.  16.  IVero  ordered  all  appeals  to  be  made  from  private 
judges  to  the  senate,  SueL  Jfer.  17.  and  under  the  same  penalty  as 
to  the  emperor,  {ut  ejiudempecunue  pericuttm  facereni^  ctgus  H^ 

ut  imperatorem  appellavere^)  Tacit  ibid.     So  Hadrian,  Digest  xliv. 

L  2.    Even  the  emperor  mjght  be  requested  by  a  petition,  (libbi^ 
liO)  to  review  his  own  decree,  (sbntentiam  suam  retbactarb.) 

11.  CRIMINAL  TRIALS,  {PUBLICA  JUDICIA.) 

CaiiciNAL  trials  were  at  first  held  {exercebantur)  by  the  kin^  ' 
Dionys.  ii.  14.  with  the  assistance  of  a  council,  (cum  concilio,)  Liv. 
i.  49.    The  king  judged  of  great  crimes  himself,  and  left  smaller 
crimes  to  the  judgment  of  the  senators. 

Tullus  Hostilius  appointed  two  persons  (DUUMVIRI)  to  try,  Ho- 
ratius  for  killing  his  sister,  {qm  Horatio  perduellionem  judicarent^ 
and  allowed  an  appeal  from  their  sentence  to  the  people,  Ltv.  i.  26. 
Tarquinius  Superbus  judged  of  capital  crimes  by  himself  alone,  with- 
out any  counsellors,  Liv.  i.  49. 

After  the  expulsion  of  Tarquin,  the  consuls  at  first  judged  and 

1)unished  capital  crimes,  Liv.  ii.  5.  Dionys.  x.  I.  But  after  the 
aw  of  Pc^licola  concerning  the  liberty  of  appeal,  (see  p.  98.)  the 
people  either  Judged  themselves  in  capital  affairs,  or  appointed  cer- 
tain  persons  for  that  purpose,  with  the  concurrence  of  the  senate, 
who  were^called  QUiESITORES,  or  QtuBstores  pariddii,  (see  p. 
111.)  Sometimes  the  consuls  were  appointed,  Liv.  iv.  51.  Some, 
times  a  dictator  and  master  of  horse,  Liv.  ix.  26.  who  were  then 
called  QuiEsiTOREs. 

The  senate  also  sometimes  judged  in  capital  afiairs,  Sallust.  Cat. 
51.  52.  or  appointed  persons  to  do  so,  Liv.  ix.  21. 

But  after  the  institution  of  the  Qucsstiones perpetiuz,  (see  p.  111.) 
certain  prsBtors  always  took  cognizance  of  certain  crimes,  and  the 
senate  or  people  seldom  interfered  in  this  matter,  unless  by  way  of 
appeal,  or  on  extraordinary  occasions. 

I.  CRIMINAL  TRIALS  before  the  PEOPLE. 

Trials  before  the  people,  (JUDICIA  adpopulum,)  were  first  heW 
in  the  Comilia  Curiata^  Cic.  pro  Mil.  3.  Of  this,  however,  we  have 
<Mily  the  example  of  lioratius,  ibid. 

After  the  institution  of  the  Comitia  Centuriala  and  Tribuia,  all 
trials  before  the  people  were  held  in  them ;  capital  trials,  in  the 
Comitia  Centurvxta,  and  concerning  a  fine,  in  the  Tributa. 

Those  trials  were  called  CAPITAL,  which  respected  the  life  or 


JUDrciAI.  PROCEEDINGS,  &c.  213 

Sbeity  of  a  Roman  citizen.  There  was  one  trial  of  this  kind  held 
in  the  ComiHa  by  tribes,  namely,  that  of  Coriolanas,  Liv.  ii.  35 ;  but 
that  was  irregular,  and  conducted  with  violence,  Dionys.  vii.  38.  &c. 

Sometimes  a  person  was  said  to  undergo  a  capital  trial,  perictdum 
ctmtis  adire^  amsam  capitis  vel  pro  tapiie  dicere^  in  a  civil  action^ 
when,  besides  the  loss  of  fortune,  his  character  was  at  stake,  {cum 
judicium  esitt  de  fama  fortunisque^)  Cic.  pro  Quint.  9.  13.  15.  Off. 
L12. 

The  method  of  proceeding  in  both  Comiiia  was  the  same ;  and  it 
was  requisite  that  some  magistrate  should  be  the  accuser. 

In  the  Comitia  Tributa  tl^  inferior  magistrates  were  usually  the 
accusers  $  as,  the  tribunes  or  sediles,  Liv.  iii.  55.  iv.  21.  FaL  Max. 
vi.  1.  7.  GelL  x.  6.  In  the  Comiiia  Ceniuriataf  the  superior  magis- 
trates ;  as,  the  consuls  or  praetors,  sometimes  also  the  inferior ;  as, 
the  qusBstors  or  tribunes,  Uv.  ii.  41.  iii.  24.  25.  vi.  20.  But  they 
are  supposed  to  have  acted  by  the  authority  of  the  consuls. 

No  person  could  be  brought  to  a  trial,  unless  in  a  private  station. 
But  sometimes  this  rule  was  violated,  Cic,  pro  Fiacc,  3.  lAv.  xiiii.  16. 

The  magistrate  who  was  to  accuse  any  one,  having  called  an  as- 
sembly, and  mounted  the  Rostra^  declared  that  he  would,  against  a 
certain  day,  accuse  a  particular  person  of  a  particular  crime,  and 
ordered  that  the  person  accused  (reus)  should  then  be  present. 
This-  was  called  DICERE  DIEM,  sc.  accwationis  vel  diet  dictio. 
In  the  mean  time  the  criminal  was  kept  in  custody,  unless  he  found 
persons  to  rive  security  for  his  appearance,  (8PONSORE8,)  eum  in 
judicio  ad  diem  dictam  sistendiy  aut  mulctamj  qua  damnatus  esseij  sol' 
vendiy)  who,  in  a  capital  trial,  were  called  VADE8,  LtV.  iii.  13. 
XXV.  4.  and  for  a  fine,  PRiEDES ;  Gell.  vii.  19.  Jluson.  EidylL  347. 
{a  prasiandof  Yarr.  iv.  4.)  thus ;  Prastare  dUmum^  to  be  responsible 
for  one,  Cic*  ad  Q.  Fr.  i.  1.  3.  Ego  Mtssalam  CcBsari  prcestabo,  ib.  iii. 
8.     So,  Jltt.  vi.  3.  Plin.  Paju  83. 

When  the  day  came,  the  magistrate  ordered  the  criminal  to  be 
cited  from  the  Rostra  by  a  herald,  lav.  xxxviii.  51.  Suet.  Tib*  11. 
If  the  criminal  was  absent  without  a  valid  reason,  {sine  CAUSA 
SONTICA,)  he  was  condemned.  If  he  was  detained  by  indispo- 
sition, or  any  other  necessary  cause,  he  v^s  said  to  be  excused, 
(EXCUSARI,)  Liv.  ibid.  52.  and  the  day  of  trial  was  put  off,  {dies 
PRODICTUS  vel  producius  est.) 

Any  equal  or  superior  magistrate  might,  by  his  negative,  hinder 
the  trial  from  proceeding,  ibid. 

If  the  criminal  appeared,  {si  reus  se  stitisset^  vel  si  sisteretur,)  and 
no  magistrate  interceded,  the  accuser  entered  upon  his  charge;  {ac-^ 
cusationem  instituebat)  which  was  repeated  three  times,  with  the  in- 
tervention of  a  day  between  each,  and  supported  by  witnesses, 
writings,  and  other  proofs.  In  each  charge  the  punishment  or  fine 
was  annexed,  which  was  called  ANQUESITIO.  Sometimes  the 
punishment  at  first  proposed,  was  afterwards  mitigated  or  increased. 
In  mulcta  temperdrunt  tribuni ;  quum  capitis  anquisisserit,  TAv.  ii. 
52.  Quum  tribuni  bis  pecuniae  anquisissent }  terlid  sc  capitis  anquirere 


S14  ROMAN  ANTIQUITIES. 

Jkceretf  ^c.     7\i»t  perduellionM  sejudicare  Gt.  Fulvio  <IuBft,  tblt  he 
prosecuted  Fulvius  for  treason,  Iav.  xxvi.  3. 

The  criminal  usually  stood  under  the  Rostra  in  a  mean  garb, 
^here  he  was  exposed  to  the  scoffs  and  railieries,  {probris  el  convi- 
eiisf)  of  the  people,  tMct. 

After  the  accusation  of  the  third  day  was  finished,  a  bill  (ROGA- 
TION was  published  for  three  market-days,  as  concerning  a  law,  in 
whicn  the  crime  and  the  proposed  punishment  or  fine  was  expre^aed. 
This  was  called  MULCTiE  PCENiEVE  IRROGATIO :  and  the 
judgment  of  the  people  concerning  it,  MULCTS  PCENiEVE 
CERTATIO ;  Cic.  dt  Ugg.  iii.  3.  For  it  was  ordained  that  a  ca- 
pital punishment  and  a  fine  should  never  be  joined  together,  (ne/Ms- 
na  capitis  cumpecunia  conjungeretnr^)  Cic  pro  Dom.  17.  {Triitmi 
pUbis^  omissA  mulcta  certationcy  ret  capitalis  Postkumio  JUxerwUf) 
Liv.  XXV.  4. 

On  the  third  market-day,  the  accuser  again  repeated  his  charge ; 
and  the  criminal,  or  an  advocate  (patronus)  for  him,  was  permitted 
to  make  his  defence,  in  which  every  thing  was  introduced  which 
could  serve  to  gain  the  favour  of  the  people,  or  move  their  compaa- 
«0D,  Cic.  pro  Rabir^  Liv.  iii.  12.  58. 

Then  the  Comitia  were  summoned  against  a  certain  day,  in  which 
the  people,  by  their  suffrages,  should  determine  the  fate  of  the  cri- 
minal If  the  punishment  proposed  was  only  a  fine,  and  a  tribune 
the  accuser,  he  could  summon  the  Comitia  Tributa  himself;  but  if 
the  trial  was  capital,  he  asked  a  day  for  the  Comitia  CerUuriata  from 
the  consul,  or,  in  his  absence,  from  the  prsetor,  Liv.  xxvL  3.  xliii.  16. 
In  a  capital  trial,  the  people  were  called  to  the  Comitia  by  a  trum- 
pet, {ck^sico,)  JSeuecSi  de  Ira,  i.  16. 

The  criminal  and  his  friends  in  the  meantime  used  every  method 
to  induce  the  accuser  to  drop'  his  accusation,  (accusatione  desisiert*) 
If  he  did  so,  he  appeared  in  the  assembly  of  the  people,  and  said^ 
8EMPR0N1UM  NIHIL  MOROR,  Liv.  iv.  42.  vt  5.  If  this 
could  not  be  efiected,  the  usual  arts  were  tried  to  prevent  the  peo- 
ple from  voting,  (see  p.  82.)  or  to  move  their  compassion,  Xcv»  vi. 
20.  xliii.  16.  Gell.  iii.  4. 

The  criminal,  laying  aside  his  usual  robe,  {toga  alba^)  put  oa  m 
sordid,  i.  e.  a  ragged  and  old  gown,  (sordidam  et  obsoUtam,)  Liv,  u» 
61.  Cic.  Yerr.  i.  58.  not  a  mourning  one  {ptdlam  vel  airam)  as 
some  have  thought ;  and  in  this  garb  went  round  and  supplicated 
the  citizens  ;  whence  sordes  or  squalor  is  put  for  guilt ;  and  sorO- 
dati  or  sgitalidi,  for  criminals.  His  friends  and  relations,  and  others 
who  chose,  did  the  same,  Liv.  iii.  58.  Cic.  pro  Sext.  14.  When 
Cicero  was  impeached  by  Clodius,  not  only  the  eguites,  and  many 
young  noblemen  of  their  own  accord,  {privato  consensu^)  but  the 
whole  senate,  by  public  consent,  (publico  consilio,)  changed  their 
habit  {vestem  mutabanl)  on  his  account,  ibid.  11.  12.  which,  he  fak- 
terjy  complains,  was  prohibited  by  an  edict  of  the  consuls,  c,  i4i 
Pis.  8  &  18.  post,  reait.  in  Sen.  7.  Dio.  xxxvii.  16. 


JUDICIAL  FROCEBDINGS,  &c.  SIS 

Tho  people  gave  their  rotes  in  the  same  mamier  in  a  trial  bm  m 
paflflingalaw.     (See  p*  85.)    iiv.  xzv.  4. 

If  any  thing  prevented  the  people  from  voting  on  the  day  of  the 
ComUiOf  the  cruninal  was  discharged,  and  the  trial  could  not  again 
be  resumed,  (si  qua  ret  ilium  diem  €tut  auspiciis  aui  txematimu  n«t- 
fii/il,  tota  cauia  judiciumaue  sublatum  est^)  Cic.  pro  Dom.  17.  Thus 
Metellua  Celer  saved  Rabirius  from  being.condemned,  yrho  was  ac- 
cused of  the  murder  of  Saturninus  ibrty  years  after  it  happened, 
Cic,  pro  Rabir.  by  pulling  down  the  standard  which  used  to  be  set 
up  in  the  Janiculum,  (see  p.  79.) ^and  thus  dissolving  the  assemblyi 
nio.  xzxvii.  27.  f 

If  the  criminal  was  absent  on  the  last  day  of  his  trial,  when  cited 
by  the  herald,  he  anciently  used  to  be  called  by  the  sound  of  a  trum- 
pet, before  the  door  of  his  house,  from  the  citadel,  and  round  the 
walls  of  the  city,  Far.  de  Lat,  Ling.  v.  9.  If  still  he  did  not  ap» 
pear,  he  was  bani^ed,  {exittum  ei  scifcebatur  ;)  or  if  he  fled  the 
countiy  through  fear,  his  banishment  was  confirmed  by  the  Comiiia 
Tribuia.    See  p.  90. 

n.    CRIMIJML  TRIALS  before  the  I^UISITORS. 

Inquisitors  (^vasftorbs)  were  persons  invested  with  a  tempo- 
rary authority  to  try  particular  crimes.  They  were  created  first 
by  the  kings ;  Liv.  i.  26.  then  by  the  people,  usually  in  the  Comiiia 
Tribuia;  iv.  51.  xxxviii.  54.  and  sometimes  by  the  senate  ;  ix.  26. 
xHii.  2.  In  the  trial  of  Rabirius,  they  were,  contrary  to  custom, 
i^>poin(ed  by  the  prsBtor,  Die.  37.  27.  Suet.  Cces.  12. 

Their  number  varied.  Two  v^ere  usually  created,  (DUUM- 
VIRI,)  Liv.  vi.  20.  sometimes  three,  Sallust.  Jug.  40.  and  some- 
times only  one,  Ascon.  in  Cic.  pro  Mil.  Their  autfiority  ceased 
when  the  trial  was  over,  (see  p.  111.)  The  ordinary  magistrates 
were  most  frequently  appointed  to  be  inquisitors  ;  but  sometimes 
also  private  persons,  Liv.  passim.  There  was  sometimes  an  appeal 
made  from  the  sentence  of  the  inquisitors  to  the  people,  as  m  the 
case  of  Rabirius,  Suet.  Cas.  11.  ZH'o.  xxxvii.  27.  Hence  Deferrt 
j%»dicium  a  subselliis  in  rostra^  i.  o.  a  judicibus  ad  populum,  Cic* 
Cluent6. 

Inquisitors  had  the  same  authority,  and  seem  to  have  conducted 
trials  with  the  same  formalities  and  attendants,  as  the  pnetcMTs  did 
after  the  institution  of  the  Quastiones  perpetuus.  To  the  office  of 
QueRsitores  Virgil  alludes,  ASn.  vi.  432.  Ascon.  in  action,  in  Verr. 

CRIMIKAL  TRIALS  before  the  PRMTORS. 

The  praetors  at  first  judged  only  in  civil  causes ;  and  only  two  of 
them  in  these,  the  praetors  Urbanus  and  Peregrimis.  The  other 
praetors  were  sent  to  govern  provinces.  AH  criminal  trials  of  im- 
portance were  held  by  inquisitors  created  on  purpose. 

But  after  the  institution  of  the  Quastiones  perpetuce,  A.  U.  604, 


file  ROBIAN  ANTIQUmES. 

all  the  pnetors  remained  in  the  city  during  the  time  of  their  ofike« 
After  their  election,  they  determined  by  lot  their  different  jurisdic- 
tions. 

Two  of  them  took  cognizance  of  private  cause^^  as  formerly,  and 
the  rest  presided  at  criminal  trials ;  one  at  trials  concerning  extor- 
tkm ;  another  at  trials  concerning  bribery,  &c.  Sometimes  there 
were  two  praotors  for  holding  trials  concerning  one  crime  ;  as,  oa 
account  of  the  multitude  of  criminals,  concerning  violence.  Cic. 
pro  Cluent,  53.  Sometimes  one  preetor  presided  at  trials  concem- 
mg  two  different  crimes,  Cic.  pro  Cal.  13.  And  sometimes  the  Prig- 
tor  Peregrinus  held  criminal  trials ;  as,  concerning  extortion,  Ascoru 
in  Cic.  in  tog.  cand,  2 ;  so  also,  according  to  some,  the  ptsetor  Ur- 
banu8. 

The  preetor  was  assisted  in  trials  of  importance  by  a  council  of 
seXeci  judir.es  or  jurymen ;  the  chief  of  whom  was  called  JUDEX 
QU-^STIONIS,  or  Princeps  judicum^  Cic.  et  Ascon.  Some  have 
thought  this  person  the  same  with  the  prcstor  or  quasitor ;  but  they 
were  quite  different;  Cic. pro  Cluent.  27.  33.  58.  in  Verr.  i.  61. 
QuinctiL  viii.  3.  The  judex  quastionis  supplied  the  place  of  the 
praetor  when  absent,  or  too  much  engaged. 

1.  The  Choice  of  the  JUDICES  or  Jury. 

The  JUDICES  were  at  first  chosen  only  from  the  senators ;  then, 
by  the  Sempronian  law  of  C.  Gracchus,  only  from  the  equites  ;  af- 
terwards by  the  Seroilian  law  of  Csepio,  from  both  orders ;  then,  by 
4he  Glaucian  law,  only  from  the  eqmtes ;  by  the  Livian  law  of  Dru- 
sus,  from  the  senators  and  equites  :  but  the  laws  of  Drusus  being 
«oon  after  set  aside  by  a  decree  of  the  senate,  the  right  of  judcing 
was  again  restored  to  the  equites  alone  ;  then,  by  the  Plautianlvw 
of  Silvanus,  ihejudices  were  chosen  from  the  senators  and  equites^ 
and  some  of  them  also  from  the  plebeians ;  then  by  the  Cornelian 
law  of  Sylla,  only  from  the  senators  ;  by  the  Aurelian  law ^  of  Cotta, 
from  the  senators,  the  equites,  and  tribuni  ararii ;  by  the  Julian  law  of 
CfBsar,  only  from  the  senators  and  equites  ;  and  by  the  law  of  Anto- 
ny, also  from  the  officers  of  the  army.  See  Manutius  de  legg :  for 
Si^onius,  and  Heineccius,  who  copies  him,  give  a  wrong  account  of 
this  matter. 

The  number  of  the  judices  were  different  at  different  times ;  By  the 
law  of  Gracchus,  300 ;  of  Servilius,  450 ;  of  Drusus,  600 ;  of  Plau- 
tius,  525 ;  of  Sylla  and  Cotta,  300 ;  as  it  is  thought  from  Cic.  Fam. 
viii.  8.  of  Pompey,  360,  Paterc.  ii.  76.  Under  the  emperors,  the 
number  of  judices  was  greatly  increased,  Plin.  xxxiii.  1. 

By  the  Servilian  law,  the  age  of  the  judices  must  be  above  thirty, 
and  below  sixty  years.  By  other  laws  it  was  required  that  they 
should  be  at  least  twentv-five,  D.  4.  8.  but  Augustus  ordered  that 
judices  might  be  chosen  from  the  age  of  twenty,  (a  vicesimo  alltgiif) 
Suet  Aug.  32.  as  the  best  commentators  read  the  passage. 

Certain  persons  could  not  be  chosen  judices^  eitlier  from  some  na- 


JUDICIAL  PROCEEDINGS,  .d»^  317 

tural  defect,  m,  ike  deaf^  Ainb,  Ac.  or  by  ctutom,  a«,  wnmin  and 
slavts  ;  or  by  law,  as  those  condemned  upon  trial  of  some  infamous 
crime,  (JLurpi  et  famoso  judicio^  e.  g.  calumnice^  pravarictUioniiffurti^ 
vi  bononun  rapiorum^  injuriarum^  dt  dolo  malo,'pro  sociOf  fnarutati^ 
tuitla^  deposili,  &c.)  and,  by  the  Julian  law,  those  degraded  from 
being  senators ;  which  was  not  the  case  formerly,  Cic.  Chuni.  43. 
See  p.  14.   . 

Hy  the  Pompeian  law,  the  j%idicei  were  chosen  from  persons  of 
the  highest  fortune. 

Thejudices  were  annually  chosen  by  the  praetor  Vrbanus  or  Pe* 
regrinue  ;  according  to  Dio  Cassius,  by  the  quscstors,  xxxix.  7.  and 
their  naoaes  written  down  in  a  list,  (m  album  rclata,  vel  albo  de- 
scripta^)  Suet.  Tib.  51.  Claud.  16.  Domit.  8.  Scnec.  de  benef.  iii.  7. 
Gell.  xiv.  2.  They  swore  to  the  laws,  and  that  they  would  judi 
uprightly  to  the  best  of  their  knowledge,  (c/e  anxrM  stnUniia.)  Tl 
judices  were  prohibited  by  Augustus  frdm  entering  the  house  of  any 
one,  Dio.  liv.  18. 

They  sat  by  the  praetor  on  benches,  whence  they  were  called  bis 
ASSESSORS:  or  Consilium,  Cic.  Act.  Verr.  10.  and  Consessores 
to  one  another,  Cic.  fin.  ii.  19.  Sen.  de  bene/,  iii.  7.  Gell.  xiy.  2. 

The  judices  were  divided  into  DECUKliE,  according  to  their 
different  orders;  thus,  Dbcuria  senatoria  judicun,  Cic. pro  Clu- 
enL  37.  tertia,  Phil.  1.  8.  Verr.  ii.  32.  Augustus  added  a  fourth  de* 
curioj  Suet.  32.  Plin.  xxxiii.  7.  (because  there  were«  three  before^ 
either  by  the  law  of  Antony,  or  of  Cotta,)  consisting  of  persons  of 
an  inferior  fortune,  who  were  called  DUCENARU,  because  they 
had  onl^  200,000  sesterces,  the  half  of  the  estate  of  an  egues^  and 
judged  in  lesser  causes.  Caligula  added  a  fifth  decuria^  Suet.  16. 
rlin.  xxxiii.  1.  s.  8.  Galba  refused  to  add  a  sixth  decuria^  although 
strongly  urged  by  many  to  do  it,  SueL  14. 

The  office  of  a  judex  was  attended  with  trouble,  Cic.  in  Verr.  i. 
8.  and  therefore,  in  the  time  of  Augustus,  people  declined  it ;  but 
not  so  afterwards,  when  their  number  was  greatly  increased,  SueL 
et  Plin.  ibid. 

2.  Tub  Accuser  in  a  Criminal  Trial. 

Any  Roman  citiicen  might  accuse  another  before  the  praetor.  But 
it  was  reckoned  dishonourable  to  become  an  accuser,  unless  for  the 
sake  of  the  republic,  to  defend  a  client,  or  to  revenge  a  father^s 
quarrel,  Cic.  de  Off.  ii*  14.  />irina/.  20.  Verr.  ii.47.  .Sometimes 
young  noblemen  undertook  the  prosecution  of  an  obnoxious  magis* 
trate,  to  recommend  themselves  to  the  notice  of  their  fellow-citizens, 
Cic.  pro  Cak  vii.  30.  in  Verr.  i.  38.  Suet.  Jul.  4.  Plutarch,  in  Lur 
ctdlOf  princ. 

If  there  was  a  competition  between  two  or  more  persons,  who 
should  be  the  accuser  of  any  one,  as  between  Cicero  and  Csocilius 
Judseus,  which  of  them  should  prosecute  Verres,  who  had  been  pro- 
pnetor  of  Sicily,  for  extortion,  it  was  deteimined  who  sliould  be 

28 


218  HOMAN  ANTEQUnlES. 

preferred  by  a  previoos  trial,  called  DIVINATIO ;  because  there 
was  no  question  about  facts,  but  the  judices^  without  the  help  of 
witnesses,  divined^  as  it  were,  what  was  fit  to  be  done,  Cic,  dhin, 
90l  Ascon.  in  Cic.  OelL  ii.  4.  He  who  prevailed,  acted  as  the  prin- 
cipal accuser,  (ACCUSATOR :)  those  who  joined  in  the  accusa- 
tion, {catu€B  vel  accusationi  suhscribebantt)  and  assisted  him,  were 
called  SUBSGRIPTORE8,  Cic.  divin.  15.  pro  Mur.  34.  Am.  viit. 
8.  ad  Q.  Frair.  iii.  4.  hence  subsctibert  judicium  cum  aliquo^  to  com- 
mence a  suit  affainst  one,  Plin,  Ep.  v.  1. 

It  appears,  however,  there  were  public  prosecutors  of  public 
crimes  at  Rome>  Cic.  pro  StxL  Rose.  W.  Plin.  EpisL  iil  9.  iv.  9.  as 
in  Greece,  Cic.  dt  Legg.  iii.  47. 

Public  informers  or  accusers  (dtlatores  publicorum  criminum) 
were  called  QUADRUPLATORES,  Cic.  Vtrr.  ii.  8.  9.  either  be- 
cause they  received  as  a  reward  the  fourth  part  of  the  criminaPs 
efiects,  or  of  the  fine  imposed  upon  him  ;  or,  as  others  say,  because 
they  accused  persons,  who,  upon  conviction,  used  to  be  condenmed 
to  pay  fburfbid,  {quadrupli  damnari;)  as  those  guilty  of  illegal  usury, 
mming,  or  the  like,  Cic.  m  Cacil.  7  6l  22.  ti  tb.  Ascon.  Paulus  apud 
fistum.  Tacit.  Annal.  iv.  20.  But  mercenary  and  false  accusers 
(CALUicNiATOREs}  chicfly  Were  called  by  this  name,  Cic.  Verr.  ii.  7. 
8  &  9.  Plaut.  Pert.  i.  2.  10.  and  also  those  judges,  who  making ' 
themselves  parties  in  a  cause,  decided  in  their  own  &vour,  {qvi  in 
9uam  rem  litem  verterent ;  interceptores  litis  aliencs^  qui  sibi  contro- 
versiosam  adiudicarent  rem,)  Liv.  iii.  72.  Cic.  Ceecin.  23.  Seneca 
calls  those  who  for  small  favours  sought  great  returns,  Quadrupla" 
tores  bentfidorum  suorum^  overrating  or  overvaluing  tliem,  de  bene/., 
vii.  25. 

3.  Manner  o^  Making  the  Accusation. 

Thb  accuser  summoned  the  person  accused  to  court,  {in  jus  vo- 
cabatf)  where  he  desired  {posttJahat)  of  the  inquisitor  that  he  might 
be  allowed  to  produce  his  charge,  {nomen  deferre,)  and  that  the  prae- 
tor would  name  a  day  for  that  purpose,  Cic.  Fam.  viii.  6.  Hence 
Postulare  aliquem  de  crimnUf  to  accuse ;  1.IBELLUS  postulationum, 
a  writing  containing  the  several  articles  of  a  chaise,  a  libel,  Plin. 
Ep.  X.  85. 

This  postulatio  or  request  was  sometimes  made  in  the  absence  of 
the  defendant,  Cic.  adfratr.  iii.  1.  5.  There  were  ^rtain  days  on 
which  the  prstor  attended  to  these  requests,  when  he  was  said  Pos- 
TULATiONiBus  VAC  ARE,  Plin.  Epist.  vii.  33. 

On  the  day  appointed,  both  rarties  being  present,  the  accuser  first 
took  {concipiebat)  a  solemn  oath,  that  he  did  not  accuse  from  malice, 
(cALUMNiux  JURABAT,)  and  then  the  charge  was  made  {delatio  nomv- 
nisjkbat,)  in  set  form :  thus,  DICO  vel  AIO,  tk  in  prjetura  spoli- 

ASSB  SICULOS  contra  LEOBN  CoRNELIAM,  ATQUE  EO  NOMINE  SESTER* 
TIUM  MILLIBS  A  TB  REPBTO,  Cic.  Divin.  5. 

If  the  criminal  was  silent  or  confessed,  an  estimate  of  damages 


JUDICIAL  PROCEEDINGS,  6k.  018 

VTU  made  out  (lit  et  Tel  gui  tMstunabakar^)  and  the  afiair  waik  ended ; 
but  if  he  denied,  the  accuser  requested  (po$tulavU)  that  hu  name 
m^ght  be  entered  in  the  roll  of  criminals,  {ut  nomen  inUr  reot  rtci" 
pertter,  L  e*  ui  in  tabulam  inter  reos  referreier^)  and  thus  he  was  said 
jREVM/acere^  Uge  v.  legibus  interrogartf  posiulare :  MULCT  AM 
outpeMompetere  ci  reptitr^  These  are  eouivalent  to  nomen  d^trrt^ 
and  different  from  accusart^  which  properly  signifies  to  substantiate 
or  prove  the  chaim ;  the  same  with  cauzam  c^trt^  and  opposed  to 
djfenderej  Qninctiuan,  ▼.  13. 3.  Cic  C»l.  3.  Dio.  xxxix.  7.  Digest  /• 
10.  dcjure  patron. 

If  the  protor  allowed  his  name  to  be  enrolled,  (for  he  mig^t  re* 
fuse  it,  Cic.  Fam.  viiL  8.)  then  the  accuser  delivered  to  the  pretor 
a  scroll  or  tablet,  (LIBELLUS,)  accurately  writteur  m^ntioniqg 
the  name  o[  the  defendant,  his  crime,  and  eveiy  circumstance  relat- 
ing to  the  crime ;  which  the  accuser  subscribed,  PUn*  Ep.  u  90L 
V.  1.  or  another  for  him,  if  he  could  not  write ;  at  the  same  time 
Unding  himself  to  submit  to  a  certain  punishment  or  fine,  if  he  did 
not  prosecute  or  prove  his  charge ;  {cavebat  se  in  crimine  pers^vsra- 
iunan  usque  ad  senienliam.)  ^ 

There  were  certain  crimes  which  were  admitted  to  be  tried  in  pre- 
ference to  others,  {extra  erdtnem,)  as,  conceminff  violence  or  muitier, 
P/tn*  Ep.  iiL  9.  And  sometimes  the  accused  brought  a  counter 
charge  of  this  kind  against  his  accuser,  to  prevent  his  own  trial,  Cic, 
Fam.  viii.  8«  Dio.  xxxix.  18. 

Then  the  preetor  appointed  a  certain  day  for  the  trial,  usually 
the  tenth  day  after,  Cic.  ad  Q.  Fralr.  ii.  13.  Ascon.  in  Cornel.  Some- 
times the  30th,  as  by  the  Licinian  and  Julian  laws,  Cic.  in  Vat.  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 
order  to  examine  witnesses,  and  collect  facts  to  support  his  indict- 
ment against  Yerres,  although  he  accomplished  it  in  fifty  days,  wit- 
con*  in  loc.  Cic.  Verr.  Act.  prim.  2. 

In  the  mean  time  the  person  accused  changed  his  dress,  (see  p. 
81.)  and  sought  out  persons  to  defend  his  cause. 

Of  defenders  (D£F£NSOR£S)  Asconius  mentions  four  kinds ; 
PATRONI  vel  oratores,  who  pleaded  the  cause  ;  ADYOCATI, 
who  assisted  by  their  counsel  and  presence ;  (the  proper  meaning 
of  the  word,  lAv.  ii.  55.)  PROPUKATORES,  who  managed  the 
business  of  a  person  in  his  absence ;  and  COGNITORES,  whode* 
fended  the  cause  of  a  person  when  present,  Ascon.  in  divin.  in  CacU. 
4.  Featus.  But  a  cognitor  might  guso  defend  the  cause  of  a  person 
when  absent,  Cic.  Verr.  2.  43.  HorcU.  Sat.  ii.  5.  v.  38.  Cic.  Rose. 
Com.  18.  hence  put  for  any  defender,  Liv.  xxxix.  5.  The  procu' 
ratoreSf  however,  and  cognitores^  wese  used  only  in  private  trials ; 
the  patroni  and  advocati^  also  in  public.  Before  the  civil  wars,  one 
larely  employed  more  than  four  patrons  or  pleaders,  but  afterwards 
often  twelve,  Ascon.  in  Cic.  pro  Scaur. 


830  ROMAN  ANTIQUITIES; 

4.  Manner  of  conducting  iht  Trial. 

On  the  day  of  trial,  if  the  prcetor  could  not  attend,  the  matter  was 
put  off  to  another  day.  But  if  he  was  present^  both  the  accuser 
and  defendant  were  cited  by  a  herald.  If  the  defendant  was  absent, 
he  was  exiled.  Thus  Verres,  after  the  first  oration  of  Cicero  againsi 
him,  called  €tctio  primOf  went  into  voluntary  banishment ;  for  the 
five  last  orations,  called  libri  in  Vtrrtm^  were  never  delivered,  AS'- 
con.  m  Verr.  Yerres  is  said  to  have  been  afterwards  restored  by  the 
influence  of  Cicero,  Sentc.  Suas.  vi.  6.  and,  what  is  remarkable,  pe- 
rished together  with  Cicero  in  the  proscription  of  Antony,  on  ac> 
count  of  his  Corinthian  vessels,  which  he  would  not  part  with  to  the 
Triumvir,  PHn*  xxxiv.  2.  Lactant.  ii.  4. 

If  the  accuser  was  absent,  the  name  of  the  defendant  was  taken 
from  the  roll  of  criminals,  {de  reis  exemptum  tstj)  Ascon.  in  Cic 

"But  if  both  were  present,  the  judices  or  jury  were  first  chosen,  ei- 
ther by  lot  or  by  naming,  (per  SORTITIONEM  rc/EDITIONEM,) 
acoordins  to  the  nature  of  the  crime,  and  the  law  by  which  it  was 
tried.  If  dv  lot,  the  prator  or  judex  qiusstionis  put  mto  an  um  the 
names  of  all  those  who  were  appointed  to  the  judices  for  that  year, 
and  then  took  out  by  chance  {sorte  educebat)  the  number  which  the 
law  prescribed.  After  which  the  defendant  and  accuser  were  al- 
lowed to  reject  (rejicere)  such  as  they  did  not  approve,  and  the  pr»- 
tor  or  judex  qucBstionis  substituted  (subsortiebalur)  others  in  their 
room,  till  the  legal  number  was  completed,  Cic.  in  Verr.  Act.  i.  7. 
A$con.  in  Cic. 

Sometimes  the  law  allowed  the  accuser  and  defendant  to  choose 
the  Judices  ;  in  which  case  they  were  said  Judicbs  edere,  and  the 
judices  were  called  EDITITII,  Cic.  pro  Murcen.  23.  Plane.  15.  17. 
Thus  by  the  Servilian  law  of  Glaucia  against  extortion,  the  accuser 
was  ordered  to  name  from  the  whole  number  of  judices  an  hundred, 
and  from  that  hundred  the  defendant  to  choose  fifty.  By  the  Lici- 
nian  law,  de  sodalitiis,  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  could  not  attend  produced  their  excuse,  which  tlie  prae- 
tor might  sustain  {accipere)  or  not,  as  he  pleased,  Cic.  Phil.  v.  6. 

When  they  were  all  assembled,  they  swore  to  the  laws,  and  that 
they  would  judge  uprightly,  Cic.  pro  Rose.  Am.  3.  hence  called  Ju- 
RATi  Homines,  Cic.  1.  Act.  in  Verr.  13.  The  prsDtor  himself  did 
not  swear,  ibid.  9.  Then  their  names  were  marked  down  in  a  book, 
{libellis  consignabantur,)  and  they  took  their  seats,  {tubsellia  occH" 
pabant^)  Ascon.  in  Verr.  act.  i.  6. 

The  trial  now  began,  and  the  accuser  proceeded  to  prove  his 
charge,  which  he  usually  did  in  two  actions,  {duabus  actionxbus.)  In 
the  first  action,  he  produced  his  evidence  or  proofs,  and,  in  the  se- 
cond, he  enforced  them. 

The  proofs  were  of  three  kinds,  the  declaration  of  slaves  extorted 


JUDICIAL  PROCEEDINGS,  &c.  221 

by  torture,  (QU^STIONES,)  the  testimony  of  free  citizens,  (TES- 
TES,) and  writings,  (TABULAE.) 

I.  QUiESTlONES.  The  slaves  of  the  defendant  were  demand- 
ed by  the  prosecutor  to  be  examined  by  torture  in  several  trials, 
chiefly  for  murder  and  violence.  But  slaves  could  not  be  examined 
iathis  manner  against  their  master^s  life,  (m  caput  dorntm,)  except  in 
the  cas^  of  incest,  or  a  conspiracy  against  the  state,  Ctc.  Topic.  34. 
MiL  3Si.  DtjoU  1.  Au^stus,  in  order  to  elude  this  law,  and  sub- 
ject the  slaves  of  the  criminal  to  torture,  ordered  that  they  should  be 
sold  to  the  public,  or  to  himself,  Dio,  lv«  5.  Tiberius,  to  the  public 
proGpecutor ;  Mancipari  publico  >ctori  jxtbet,  T<ic\t.  Annal.  ii. 
30.  iii.  67.  but  the  ancient  law  was  afterwards  restored  by  Adrian 
and  the  Antonines,  D.  xlviii.  18.  de  quasi. 

The  slaves  of  others,  also,  were  sometimes  demanded  to  be  ex- 
amined by  torture ;  but  not  without  the  consent  of  their  master,  and 
the  accuser  giving  securi^,  that  if  they  were  maimed  or  killed  du- 
ring the  torture,  he  would  make  up  the  damage,  ibid. 

When  slaves  were  examined  by  torture,  they  were  stretched  on  a 
machine,  called  ECULEU8,  or  Eqyadtus^  havinstheir  less  and 
arms  tied  to  it  with  ropes,  (fidiculis^  Suet.  Tib.  62.  CaL  33.)  and 
being  raised  upright,  as  if  suspended  on  a  cross,  their  members  were 
distended  by  means  of  screws,  {ptr  cochlea  s,)  sometimes  till  they 
were  dislocated,  {ut  ossium  campago  resohereiur ;)  hence  EcuUo 
longiarfaciusy  Senec.  epist.  8.  To  increase  the  pain,  plates  of  red 
hot  iron,  (lamiruB  eandenUs,)  pincers,  burning  pitch,  dec.  were  applied 
to  them.    But  some  give  a  difierent  account  of  this  matter. 

The  confessions  of  slaves  extorted  by  the  rack,  were  written  dovm 
on  tables,  which  they  sealed  up  till  they  were  produced  in  court, 
Cic.  Phil.  22.  Private  persons  also  sometimes  examined  the  slaves 
by  torture,  Ctc.  pro  CluenL  63.  66. 

Masters  frequently  manumitted  their  slaves,  that  they  might  be 
exempted  from  this  cruelty,  Liv.  viii.  15.  Ctc.  Mil.  21.  for  no  Ro- 
man citizen  could  be  scourged  or  put  to  the  rack,  Ctc.  Ferr.  v.  63. 
But  the  emperor  Tiberius  subjected  free  citizens  to  the  torture,  Dio. 
hii.  19. 

3.  TESTES.  Free  citizens  gave  their  •  testimony  upon  oath, 
(juraii.)  The  form  of  interrogating  them  was,  Sexte  Tempani, 
QUARO  EX  TB,  ARBiTRERiSNE,  C.  Semproniwuin  tempore  pugnam  IIP- 
ts8€  ?  Liv.  iv.  40.  The  witness  answered  Arbitror  vel  non  arbi- 
TROR,  Ctc.  Acad.  iv.  47.  pro  Font.  9. 

Witnesses  were  either  voluntary  or  involuntary,  Quinctil.  v.  7. 9. 
With  regard  to  both,  the  prosecutor,  {actor  vel  accusator,)  was  said, 
Testes  dare,  adhibere^  citare,  colligere^  edere  proferrty  subomare, 
vel  PRODUCERE,  Cic.  Verr.  \.  18.  v.  63.  Fxn.  ii.  19.  Juvenal  xvi.  29. 
&c.  Testibus  uti,  Ctc.  Rose.  Am.  36.  With  regard  to  the  latter, 
119  TESTIMONIUM  DENUNCiARE  to  summou  them  under  a  penalty,  as 
in  England,  and  among  us,  by  a  writ  called  subpoena,  Ctc.  ibid.  38. 
in  Verr.  i.  19.  Invitos  evocarb,  Plin.  Ep.  iii.  9.  The  prosecutor  only 
was  allowed  to  summon  witnesses  agamst  their  will,  Quinctil.  v.  7. 


232  ROMAN  ANTIQUITIES. 

9.  Piin.  Ep.  V.20.  vi.  5.  and  of  these  a  differrat  number  by  diffioept 
laws,  Vdl.  Max.  viiL  1.  Frontin  de  limit.  5.  usually  no  more  thfUD  ten, 
D.  de  iestib. 

Witnesses  were  said  TESTiHomuM  dicskb,  darCfptrhiberef  prcBm 
&ere,  also  pro  testimonio  audir%  Suet.  Claud.  15.  The  phrase  db- 
TosvnojiBs  tesiiwnj  is  not  used  by  the  classics,  but  only  m  the  dvH 
law.  Those  previously  engaged  to  mve  evidence  in  ravour  of  any 
one,  were  called  Allioati,  Cic.  cuirrair.  ii.  3.  Isidor.  y.  23.  if  in- 
fitrocted  what  to  say,  subornati,  Cic.  Rose,  Com.  17.  PUn.  Ep,  iiL  9. 

Persons  might  give  evidence,  although  absent,  by  writing,  {par 
iabulasf)  but  it  was  necessary  that  this  should  be  done  voluntanly, 
and  before  witnesses,  (pmaetUibus  sign atoribub,)  Qvmctil.  v.  7. 

The  character  and  condition  of  witnesses  were  particularly  at- 
tended to,  (ditigenter  expendebantuTy)  Cic.  pro  Flacc.  5. 

No  one  was  obliged  to  be  a  witness  against  a  near  relation  or 
friend,  by  the  Mian  law,  /.  4.  D.  de  Tesiib.  and  never  (more  majoh 
rum)  in  his  own  cause,  {de  re  jua,)  Cic.  Rose.  Am.  36. 

Thefwitnesses  of  each  party  had  particular  benches  in  the  Forum, 
on  which  they  sat,  Cic.  pro  Q.  Rose.  13.  QmnctU.  v.  7. 

Great  dexterity  was  shown  in  interrogating  witnesses,  Cicftro 
Flace.  10.  Donat.  in  Teren.  Eunuch,  iv.  4.  v.  S3.  Quinciil.  v.  7. 

Persons  of  an  infamous  character  were  not  admitted  to  give  evi- 
dence {Usies  non  adhibiti  suntt)  ^md  therefore  were  called  lNT£S- 
TABILE8,  Plaut.  Cureul.  i.  5.  v.  30.  Horat.  Sat.  n.  3.  v.  181. 
Gell.  yi.  7.  vii.  18.  as  those  likewise  were,  who  being  once  called  as 
witneisses,  (antestati,  v.  in  testimonium  adhibiti^)  afterwards  refused 
to  give  their  testimony,  Gell.  xv.  13.  Women  anciently  were  not 
admitted  as  witnesses,  Gell.  vi.  7.  but  in  after  times  they  were,  Cic, 
Verr.  i.  37. 

A  false  witness,  by  the  law  of  the  Twelve  Tables,  was  thrown 
from  the  Tarpeian  rock,  Gell.  xx.  1.  but  afterwards  the  punishment 
was  arbitrary,  /.  16.  D,  de  Testib.  et  Sent.  v.  25.  §  2.  except  in  war, 
where  a  false  witness  was  beaten  to  death  with  sticks  by  his  feilow- 
fioldiers,  Polyb,  vi.  35. 

3.  TABULiE.  By  this*  name  were  called  writings  of  every  kind, 
which  could  be  of  use  to  prove  the  chaise  ;  particularly  account- 
books,  {tabuliB  accepti  et  expensi,)  letters,  bills  or  bonds,  (syngra- 
phcBf)  &c. 

In  a  trial  for  extortion,  the  account-books  of  the  person  accused 
were  commonly  sealed  up,  and  afterwards  at  thetrial  delivered  to 
the  judges  for  their  inspection,  Cic.  Verr.  i.  23.  61.  Balh.  5.  The 
ancient  Romans  used  to  make  out  their  private  accounts,  (<a6ti/gf 
sc.  accepti  et  expensi  confidere  vel  domesticas  rationes  scribere^  and 
keep  them  with  great  care.  They  marked  down  the  occurrenoes 
of  each  day  first  in  a  note-book,  (adversaria,  ^orumf)  which  was 
kept  only  for  a  month,  {menstrua  erant ;)  and  then  transcribed  them 
into  what  we  call  a  Ledger^  {codex  vel  tabula^)  which  was  preserved 
for  ever,  Cic.  Quirict.  2.  but  many  dropped  this  custom  after  the 
bws  ordered  a  man's  papers  to  be  sealed  up  when  he  was  aoQU0i^ 


JUDICIAL  PROCEEDINeS,  Ac.  98 


of  eertm  erimes,  and  prodaced  in  courts  as  evidences  aninst 
Cie.  Verr.  i.  23.  39.  Rose.  Com.  2.  Cal.l.  AtL  xii.  5.  Tusc.  v.  33. 
Sue/.  C€B8.  4tl. 

The  prosecutor  baying  produced  these  different  kinds  of  evidence, 
expiahied  and  enforced  them  in  a  speech,  sometimes  in  two  or  more 
speeches^  Gtc.  in  Vtrr,  Then  the  advocates  of  the  criminal  replied ; 
and  their  defence  sometimes  lasted  for  several  days,  As&m.  in  Oic» 
pro  Camel.  In  the  end  of  their  speeches  (in  epilogo  ye\  ptrarationB^) 
they  tried  to  move  the  compassion  of  the  juaices^  and  lor  that  pur- 
pose often  introduced  the  children  of  the  criminal,  Cic.  pro  S^xt.  69. 
In  ancient  times  only  one  counsel  were  allowed  to  eacn  side,  PUn. 
JSp.  i.  20. 

In  certain  causes,  persons  were  brought  to  attest  the  character 
of  the  accused,  called  Lauoatores,  Cic.  pro  Balb.  18.  ClutnU  69. 
Earn.  i.  9.  Fin.  ii.  21.  Stiel.  Aug.  56.  If  one  could  not  produce  at 
least  ten  of  these,  it  was  thought  proper  to  produce  none,  {quam  il» 
lum  quasi  Ugitimum  numenan  consueiudinis  non  txphrt^  Cic.  Yen*. 
V.  S3.  Their  declaration,  or  that  of  the  towns  m>m  which  they 
came,  was  called  LAUDATIO,  ibid.  <{''  Fam.  3.  8.  6.  which  word 
commonly  signifies  a  funeral  oration  delivered  from  the  Rostra  in 
praise  of  a  person  deceased,  by  some  near  relation,  Cic,  de  Ora<.  ii. 
84.  lAv.  V.  50.  Stut.  Cas.  y\.  84.  Aug.  101.  T%b.  6.  Tacit.  Annal.  v. 
1.  xvi.  6.  by  an  orator  or  chief  magistrate,  Plin.  Ep.  ii.  L 

Each  orator,  when  he  finished,  said  DIXI ;  and  when  all  the 
pleadings  were  ended,  a  herald  called  out,  DIXERUNT,  vel  -ekb, 
Ascon.  in  Cic.  Donat.  in  Ter.  Phorm.  ii.  3.  90.  &  sc.  4. 

Then  the  praetor  sent  the  judices  to  give  their  verdict,  {in  consi- 
hum  mittebatf  ut  sententiam  ferrtnt  vel  dictrtnt,)  Cic.  Verr.  i.  9. 
Cluent  27.  30.  upon  which  they  rose  and  went  to  deliberate  for 
a  little  among  themselves,  ibid.  Sometimes  they  passed  sentence 
(stntentias  ferehanf)  viva  voce  in  open  court,  but  usually  by  ballot. 
The  praetor  gave  to  each  judex  three  tablets  :  on  one  was  written 
the  letter  C,  for  condemno,  I  condemn  ;  on  another,  the  letter  A,  for 
absolvOf  1  acquit ;  and  on  a  third,  N.  L.  non  liquet^  sc.  mihi^  I  am  not 
clear,  Cas.  B.  Civ.  iii.  83.  Each  of  the  judices  threw  which  of  these 
tablets  he  thought  proper  into  an  urn.  There  was  an  urn  for  each 
order  of  judges  ;  one  for  the  senators,  another  for  the  equites,  and  a 
third  for  the  tribuni  ararii,  Cic.  ad  Q.  Fratr.  ii.  6. 

The  praetor,  having  taken  out  and  counted  the  ballots,  pronounced 
sentence  according  to  the  opinion  of  the  majority,  {ex  plurium  sen^ 
tentia,)  in  a  certain  form.  If  a  majority  gave  in  the  letter  C,  the 
pnetor  said  Videtur  pecisse,  i.  e.  guilty,  Ctc.  Verr.  v.  6.  Acad.  iv. 
47.  If  the  letter  A.  Non  videtur  fecisse,  t.  e.  not  guilty.  If  N.  L. 
the  cause  was  deferred  (causa  ampliata  est.)  Ascon.  in  Cic. 
.  The  letter  A  was  called  LITERA  SALUTARIS,  and  the  tablet 
on  which  it  was  marked,  tabella  absolutoria,  Suet.  Aug.  33.  and 
C,  Ktera  TRISTI8,  Cic.  Mil.  6.  the  tablet,  damnatoria.  Suet.  ibid. 
Among  the  Greeks,  the  condemning  letter  wag  0,  because  it  was  the 
first  letter  of  tfavarof,  death  :  hence  called  moriiferumf  Martial,  vii. 


984  ROMAN  ANTIQUinES. 

36.  and  nigrum^  Pers;  Sat  4.  v.  13.    Their  a«qwttiqg  latter  i» 
certain. 

It  was  anciently  the  custom  to  use  white  and  black  pebbles  (/a- 
pilli  vel  calculi)  in  voting  at  trials  ;  Mos  trai  aniiquii  ntotU  atrisque 
ItmilliSf  His  damnarc  reos^  illis  absolvere  culpA^  Ovid.  Met.  xv.  41. 
Hence  catuapaucomm  ccdculorum^  a  cause  of  small  importance, 
where  there  were  few  judges  to  vote,  QuinctiL  vnu  3.  14.  Omnis 
calculus  immitem  demiuiiur  ater  in  urnamf  i.  e.  he  is  condemned  by 
all  the  judges,  Ovid,  ibid,  44»  Reportare  calculum  deUriorem^  to  be 
condemned  ;  wc/iorcm,  to  be  acquitted,  Corp.  Juris. — Errori  album 
calculum  adjicere^  to  pardon  or  excuse,  Plin.  Ep.  i.  2.  To  this  Ho- 
race is  thought  to  allude,  Sat.  ii.  3.  246.  Crela  an  carbone  notandi  ? 
are  they  to  be  approved  or  condemned  ?  and  Persius,  SaX,  v.  108. 
but  more  probably  to  the  Roman  custom  of  marking  in  their  kalen- 
dar  unlucky  days  with  black,  (car6on«,  with  charcoal ;  whence  dits 
atri  for  infausti,)  and  lucky  days  with  white,  {cretd  vel  cressa  nolo, 
with  chalk,  Horai.  Od.  i.  36,  10.  called  Creta,  or  terra  Cressa  vel 
Cretica^  because  it  was  brought  from  that  island :)  Hence  noiare  vel 
signare  diem  laded  gemmd  vel  alba,  melioribus  lapillis^  vel  albis  cal" 
culls,  to  mark  a  day  as  fortunate,  Martial,  viii.  45.  ix.  53.  xi.  37.  Pers. 
SeU,  ii.  1.  Plin.  Ep.  vi.  11.  This  custom  is  said  to  have  been  borrow- 
ed from  the  Thracians,or  Scythians,  who  every  evening,  before  they 
slept,  threw  into  an  urn  or  quiver,  a  white  pebble,  if  the  day  had 
passed  agreeably ;  but  if  not,  a  black  one :  and  at  their  death,  by 
counting  the  pebbles,  their  life  was  judged  to  have  been  happy  or 
unliappy,  Plin.  vii.  40.     To  this  Martial  beautifully  alludes,  xii.  34. 

The  Athenians,  in  voting  about  the  banishment  of  a  citizen,  who 
was  suspected  to  be  too  powerful,  used  shells,  {l^r^axa  tester  vel  tes- 
iul<Bf)  on  which  those  who  were  for  banishing  him  wrote  his  name^ 
and  threw  each  his  shell  into  an  urn.  This  was  done  in  a  popular 
assetnbly ;  and  if  the  number  of  shells  amounted  to  6000,  he  was 
banished  for  ten  years,  (testarum  suffragiis)  by  an  ostracism,  as  it 
was  called,  Kep.  in  Themist.  8.  Aristid.  1.  dm,  3.  Diodorus  says» 
for  five  years,  xi.  55. 

When  the  number  of  judges  who  condemned,  and  of  those  who 
acquitted,  was.  equal,  the  criminal  was  acquitted,  Cic,  Cluent.  27. 
Plutarch,  in  Mario.  (See  p.  86.)  Calculo  Minerva,  by  the  vote  of 
Minerva,  as  it  was  termed  ;  because  when  Orestes  was  tried  before 
the  Areop&gus  at  Athens  for  the  murder  of  his  mother,  and  the  judges 
were  divided,  he  -was  acquitted  by  the  determination  {sententia)'  of 
that  goddess,  Cic.  pro  Mil,  3.  et  ibi  Lambin.  Mschyl.  Eumenid.  v, 
738.  In  allusion  to  this,  a  privilege  was  granted  to  Augustus,  if  the 
number  of  the  jndices  who  condemned,  was  but  one  more  than 
those  that  acquitted^  of  adding  his  vote  to  make  an  equality ;  and 
thus  of  acquitting  the  criminal,  Dio.  Ii.  19. 

While  the  judices  were  putting  the  ballots  into  the  urn,  the  crimi-' 
nal  and  his  friends  threw  themselves  at  their  feet,  and  used  every 
method  to  move  their  compassion,  thaler.  Max.  viii.  1.  6.  Ascon.  in 
Cic,  pro  M.  Scauro, 


JUDICIAL  PROCEEDINGS,  dec  925 

Tlie  prtetor,  when  about  to  pronounce  a  sentence  of  condemna- 
tion, used  to  lay  aside  his  lOga  praUxia^  Plutarch,  in  Cic* — Senec* 
de  Ira.  1.  16. 

In  a  trial  for  extortion,  sentence  was  not  passed  after  the  first  ac* 
tion  was  finished  ;  that  is,  after  the  accuser  had  finished  his  plead** 
ing,  and  the  defender  had  replied ;  but  the  cause  was  a  second  time 
resumed,  {caiiaa  iUrum  dicebatur  vel  agebalur^)  after  the  interval  of 
a  day,  or  sometimes  more,  (especially  if  a  festival  intervened,  as  in 
the  case  of  Verres,  Cic.  Verr.  i.  7.)  which  was  called  COMPEREN- 
DINATIO,  or  -a<t«,  -liw,  Cic.  Verr.  i.  9.  et  ibi,  Ascon.  &c.  Then 
the  defender  spoke  first,  and  the  accuser  replied ;  after  which  sen- 
tence was  passed.  This  was  done,  although  the  cause  was  perfect* 
ly  clear,  by  the  Glaucian  law  ;  but  before  that,  by  the  AcUian  law, 
criminals  were  condemned  after  one  hearing,  (stmtl  dictd  caus&t  st^ 
mel  auditia  tesHbw^)  ibid. 

When  there  was  any  obscurity  in  the  cause,  and  the  judicet  were 
uncertain  whether  to  condemn  or  acquit  the  criminal,  which  they 
expressed  by  giving  in  the  tablets,  on  which  the  letters  N.  L.  were 
wntten,  and  the  preetor,  by  pronouncing  AMPLIUS,  Cic.  ibid,  the 
cause  was  deferred  to  any  day  the  preetor  chose  to  name.  This  was 
called  Ampli  ATio,  and  the  criminal  or  cause  was  said  ampliari ;  which 
sometimes  was  done  several  times,  and  the  cause  pleaded  each  time 
anew,  Cic.  Briit.  22.  Bis  ampliatus^  ttriia  absolutus  est  reus,  Liv.  xliii. 
2.  So  iv.  44.  Causa  L.  CoUcb  septits  ampliata^  el  ad  ultimum  octavo 
judicio  absoluta  est,  Valer.  Max.  viii.  1.  11.  Sometimes  the  praetor* 
to  ^ratif^  the  criminal  or  his  friends,  put  off  the  trial  till  he  should 
resign  his  office,  and  thus  not  have  it  m  his  power  to  pass  sentence 
(ne  diceretjus)  upon  him,  Liv.  xli.  22. 

If  the  cnminal  was  acquitted,  he  went  home  and  resumed  his  usual 
dress  (sordido  habitu  posito^  albam  togam  resttmebat).  If  there  was 
ground  for  it,  he  might  bring  his  accuser  to  trial  for  false  accusa* 
tion,  (cALUMNiA,)  ur  for  what  was  called  PRiEVARICATIO;  that 
is,  betraying  the  cause  of  one's  client,  and  by  neglect  or  collusion 
assisting  his  opponent,  Cic.  Topic.  36.  Plin*  Epist.  i.  20.  iii.  0. 
Quinctil.  ix.  2. 

PaAVAaicARi,  comp.  of  prce  et  varico^  v.  -or  (from  varus^  bow  or 
bandy-legged,  crura  incurva  habens^)  signifies  properly  to  straddle^  to 
stand  or  walk  wide,  with  the  feet  too  far  removed  from  one  another^ 
not  to  go  straight,  {aralor^  nisi  incurvus^  prsBvaricatur,  i.  e.  non  rec' 
turn  sulcum  agit,  vel  a  recto  sulco  dive.rtit^  IMin.)  Hence,  to  shufiSe^ 
to  play  fast  and  loose,  to  act  deceitfully,  {in  contrariis  causis  quasi 
varie  essepositus,  Cic  ibid.) 

If  the  criminal  was  condemned,  he  was  punished  by  law  accord- 
ing  to  the  nature  of  his  crime. 

Under  the  emperors  most  criminal  causes  were  tried  in  the  senate, 
Dio.  Ivii.  16.  alibi  passim,  who  could  either  mitigate  or  extend  the 
rigour  of  the  laws,  {mitigare  leges  et  intenden, )V\in.  Ep.  ii.  11.  iv. 

29 


236  ROMAN  ANTIQUITIES. 

9.  althoagh  this  was  sometimes  contested ;  {aliis  cognttionem  sena- 
lib  lege  concluaamy  aliis  liberam  aolutamque  dicentihus,)  id. 

If  a  person  was  cliai^d  with  a  particular  crime,  comprehended  in 
a  particular  law,  select  judges  were  appointed ;  but  if  the  crimes 
were  various,  and  of  an  atrocious  nature,  the  senate  itself  judged  of 
them,  Ptin.  ii.  10.  as  the  people  did  formerly ;  whose  power,  Tibe- 
rius, by  the  suppression  of  the  Comitia,  transferred  to  the  senate, 
Thcit,  Annal.  i.  15.  When  any  province  complained  of  their  go- 
vernors, and  sent  ambassadors  to  prosecute  them,  (Ugatos  vel  ingvu 
sitores  mittebanl^  qui  in  tos  inquisitionem  poslulartni^)  the  cause  was 
tried  in  the  senate ;  who  appointed  certain  persons  of  their  own 
number  to  be  advocates,  Plin.  £p.  ii.  11.  iii.  9.  commonly  such  as 
the  province  requested,  ibid.  iii.  4. 

When  the  senate  took  cognizance  of  a  cause,  it  was  said  svtciptre 
vel  recipere  cognitionem^  and  dare  inquisitianemf  Plin.  Ep.  vi.  29. 
when  it  appointed  certain  persons  to  plead  any  cause,  dare  advoca- 
Tos,  V.  PATftONos,  Id,  ii.  11.  iii.  4.  vi.  29.  vii.  6.  33.  So  the  em* 
peror.  Id.  vi.  22.  When  several  advocates  either  proposed  or  ex- 
cused themselves,  it  was  determined  by  lot  who  should  manage  ibe 
cause,  (nomina  in  umam  conjecia  nm/,)  Id.  x.  20. 

When  the  criminal  was  brought  into  the  senate-house  by  the  lie- 
tors,  he  was  said,  esse  inductus.  Id.  ii.  11. 12.  v.  4. 13.  So  the  pro- 
secutors. Id.  v.  20. 

When  an  advocate  began  to  plead,  he  was  said  descenders  u/  aclu- 
rus,  ad  agendum  vel  ad  accwandwn^  Id.  v.  13.  because  perhaps  he 
stood  in  a  lower  place  than  that  in  which  the  judges  sat,  or  came 
from  a  place  of  ease  and  safety,  to  a  place  of  diniculty  and  danger; 
thus  {descendere  in  aciem^  v.  pr€Bliitm,  %n  campum,  Y.fonim^  <^c.)  to  go 
on  and  finish  the  cause,  causam  peragere  v.  perferre^  ib.  If  an  advo- 
cate betrayed  the  cause  of  his  client,  {si  pravaricalus  esset,)  he  was 
suspended  from  the  exercise  of  his  profession,  (ei  advocalionibusy  m- 
terdictum  est^)  or  otherwise  punished,  ibid. 

Ah  experienced  advocate  commonly  assumed  a  young  one  in  the 
same  cause  ^ith  him,  to  introduce  him  at  the  bar,  and  recomtnend 
him  to  notice,  {producere^  ostendere  farmt^  et  assignare  fama^  Plin. 
Ep.  vi.  23.) 

After  the  senate  passed  sentence,  criminals  used  to  be  executed 
without  delay.  But  Tiberius  caused  a  decree  to  be  made,  that  no 
one  condemned  by  the  senate  should  be  put  to  death  within  ten 
days ;  that  the  emperor,  if  absent  from  the  city,  might  have  time  to 
consider  their  sentence,  and  prevent  the  execution  of  it  if  he  thoogbt 
proper,  Dio.  Ivii.  20.  Iviii.  27.  Tacit.  Annal.  iii.  51.  Suet.  Tib.  7& 
Sense  tranq.  an.  14. 

5.   DlFFRRENT  KiNDS  o/"  PONISHMENTS  Omong  the  ROMANS. 

PumsHMBNTs  among  the  Romans  were  of  eight  kinds. 

I.  MULCTA  vel  damnum^  a  fine,  which  at  first  never  exceeded 


JUDICIAL  PROCEEDINGS,  &c  ftaft 

two  oxen  mud  thirty  sheep,  or  the  valuation  of  them.  See  JUs 
Atbbia,  Iav.  iv.  30.    But  afterwards  it  was  increased. 

3.  VINCIJLA,  bonds,  which  included  public  and  private  cus- 
tody ;  public f  in  prison,  into  which  criminals  were  thrown  after 
confession  or  conviction,  Cic»  de  Divin,  I  25.  Taeii.  iii.  51.  and /^rt- 
voie,  when  they  were  delivered  to  magistrates,  or  even  to  private 
persons,  to  be  kept  at  their  houses,  {in  libera  custodian  as  it  was  call* 
ed,)  till  they  should  be  tried,  Sallust.  Cat.  47.  Liv.  xxxix.  14.  Ta- 
cit, vi.  3^ 

A  prison  (C ARC  £R)  was  first  built  by  Ancus  Martius,  Liv.  u 
33.  and  enlarged  by  Servius  Tullius ;  whence  that  part  of  it  below 
ground  built  by  him,  was  called  TULLIANUM,  Sallust.  Cat.  55. 
I^arr.  de  Lat.  ling.  iv.  32.  or  LAUTUMliE,  i.  e.  loca  ex  quibus 
lufndeg  exdsi  sunt^  Fest.  in  voce.  Liv.  xxvi.  27.  xxxii.  26.  xxxvii. 
5.  xxxix.  44.  in  allusion  to  a  place  of  the  same  kind  built  by  Dio* 
nysius  at  Syracuse,  Cic.  Verr.  v.  27.  55.  Another  part,  or,  as  some 
think*  the  same  part,  from  its  security  and  strength,  was  called  RO* 
BUR,  or  robusy  Festus.  in  voce.  Liv.  xxxviii.  59.  Valer.  Max.  vL 

3.  1.     Tacit  Annal.  iv.  29. 

Under  the  name  of  vincula  were  comprehended  catena^  chains ; 
compedts  vel  pediag^  fetters  or  bonds  for  the  feet :  manic<B^  mana- 
cles or  bonds  for  the  hands;  Nkrvus,  an  iron  bond  or  shackle  for 
the  feet  or  neck,  Festus  in  toce  ;  also  a  wooden  frame  with  holes, 
in  which  the  feet  were  put  and  fastened,  the  stocks ;  sometimes 
also  the  hands  and  neck ;  called  likewise  Colunbar,  Plaut,  Rud.^ 
iii.  &  30.  Iav.  viii.  28.  Boia^  leathern  thongs,  and  also  iron  chains,' 
for  tying  the  neck  or  feet,  Pla^U.  Asin.  iii.  3.  5. 

3.  V£RBERA,  beating  or  scourging,  with  sticks  or  staves  (/ta- 
tibus)  ;  with  rods,  (oirgt^  ;)  with  whips  or  lashes,  {ftagellis.)  But 
the  first  were  in  a  manner  peculiar  to  the  camp,  where  the  punish- 
ment was  called  Fustuarium,  and  the  last  to  slaves,  Horat.  Epod. 

4.  Cic.  Robir.perd.  4.  Juvenal,  x.  109.  Cic.  Verr.  iii.  29.  Rods  only 
were  applied  to  citizens,,  and  the  use  of  these  too  were  forbidden  by 
the  Porcian  law,  Liv.  x.  9.  Salhtst.  Cat.  51.  Cic.  ib.  *  But  under 
the  emperors  citizens  were  punished  with  these,  and  more  severe 
iustniments,  as  with  whips  loaded  with  lead,  palumbatisy)  &c« 

4.  TALIO,  {similUudo  suppltcii  vel  viiuiuUet^  hostiintntutn^)  a 
punishment  similar  to  the  injury,  an  eye  for  an  eye,  a  limb  for  a 
limb,  &c.  But  this  punishment,  although  mentioned  in  the  Twelve 
Tables,  seems  very  rarely  to  have  been  inflicted,  because  by  law 
the  removal  of  it  could  be  purchased  by  a  pecuniary  compensation, 
(ialio  vel  p(tna  rtdimi  poterat,)  Gtll.  xx.  I. 

5.  IGNOMINIA  vel  Infamin.  Disgrace  or  infamy  was  inflicted 
{inurebatur  vel  irrogabalar)^  either  by  the  censors,  or  by  law,  and 
by  the  edict  of  the  praetor.  Those  made  infamous  by  a  jwlicial 
sentence,  were  deprived  of  their  dignity,  and  rendered  incapable 
of  enjoying  public  offices ;  sometimes  also  of  being  witnesses,  or  of 
making  a  testament ;  hence  called  Intkstabilks,  iMgesl.  i 

&  EXILIUM,  banishment.    This  word  was  not  used  in  a  judi- 


938  ROMAN  AKTiQtJItlES. 

cial  sentence,  but  Aqujs  bt  ignis  intkrdictio,  forlndding  ond  the 
use  of  fire  and  water,  whereby  a  person  was  banislied  from  Italy, 
but  might  so  to"  any  other  place  he  chose.  Augustus  introduced 
two  new  forms  of  banishment,  called  Deportatio,  perpetual  ba- 
nishment to  a  certain  place :  Rblegatio^  either  a  temporary  or 
perpetual  banishment  of  a  person  to  a  certain  place,  without.depriT- 
ing  him  of  his  rights  and  fortunes.  See  p.  63.  Sometimes  per- 
sons were  only  banished  from  Italy  {iis  Italia  interdtctum)  for  a  lim- 
ited time,  PUn.  Ep.  iii.  9. 

7.  SERVITUS,  slavery.  Those  were  sold  as  slaves  who  did  not 
give  in  their  names  to  be  enrolled  in  the  censor's  books,  or  refused 
to  enlist  as  soldiers ;  because  thus  they  were  supposed  to  have'  vo- 
luntarily renounced  the  rights  of  citizens,  Cic.  Cacin.  34.  See  p.  63. 

8.  MORS,  death,  was  either  civil  or  natural.  Banishment  and 
slavery  were  called  a  civil  death.  Only  the  most  heinous  crimes 
were  punished  by  a  violent  death. 

In  ancient  times  it  seems  to  have  been  most  usual  to  hang  male- 
factors, {infelici  arbori  suspendere^)  Liv.  i.  26.  afterwards  to  scourge, 
{virgis  cadere)  and  behead  them,  (secutipercutere^)  Liv.  iii.  5.  vii.  19. 
XX vi.  15.  to  throw  them  from  the  Tarpeian  rock,  {de  saxo  Tarpeio 
dfijicere,)  Id.  vi.  30.  or  from  that  place  in  the  prison  called  Robvr, 
Fertu$.  Valer.  Max.  vi.  31.  also  to  strangle  them  {laqueogulam, 
guttur^  vel  cervicemfrangere)  in  prison,  Id.  v.  4.  7.  Sallust.  Vat.  55. 
Cic.  Fatin.  11.  Lucan.  ii.  154. 

The  bodies  of  criminals,  when  executed,  were  not  burnt  or  bu- 
ried ;  but  exposed  before  the  prison,  usually  on  certain  stairs,  call- 
ed Gemonia  sc.  8cai(s,  vel  Gemonh  gradua  {qudd  gemit{i8  loctts  e»- 
stt ;)  and  then  dragged  with  a  hook,  {unco  tracti,)  and  thrown  into 
the  Tiber,  Suet.  Tib.  53.  61.  75.  Fitdl.  17.  Tacit.  Hist.  iii.  74.  P/tn. 
vlii.  40.  3.  61.  Valer,  Max.  vi.  3.  3.  Juvenal,  x.  66.  Sometimes, 
however,  their  friends  purchased  the  right  of  burying  them. 

Under  the  emperors,  several  new  and  more  severe  punishments 
were  contrived  ;  as,  exposing- to  wild  beasts,  {ad  bestias  damnation) 
burning  alive,  {vivicomburiumy)  &c.  When  criminals  were  burnt, 
they  were  dressed  in  a  tunic  besmeared  with  pitch  and  other  com- 
bustible matter ;  called  TUNICA  MOLESTA,  Senec.  Ep.  14.  Ju- 
venal, viii.  235.  i.  155.  Martial,  x.  25.  5.  as  the  Christians  are  sup- 
posed to  have  been  put  to  death.  Tacit.  Annal.  xv.  44.  Pitch  is 
mentioned  among  the  instruments  of  torture  in  more  ancient  times, 
Plaut.  Capt.  iii.  4.  65.  Lucret.  iii.  1030. 

Sometimes  persons  were  condemned  to  the  public  works,  to  en- 
gage with  wild  beasts,  or  fight  as  gladiators,  Plin.  Ep.  x.  40.  or 
were  employed  as  public  slaves  in  attending  on  the  public  baths,  in 
cleansing  common  sewers,  or  repairing  the  streets  and  highways.  Id. 

Slaves,  after  being  scourged  {subfurcd  ccesi)^  were  crucified  (m 
crucem  acti  sunt,)  usually  with  a  label  or  inscription  on  their  breast, 
intimating  their  crime  or  the  cause  of  their  punishment,  Dio.  liv. 
3.  as  was  commonly  done  to  other  criminals  when  executed.  Suet. 
CaL  32.  Dom.  10.    Thus  Pilate  put  a  title  or  superscriptioa  on  the 


REUGION  OF  THE  HEATHEN,  6ce.  9S9 

orosi  of  our  Saviour,  MUi.  xxviL  37.  John  six.  19.  The  form  of 
the  cross  is  described  by  Dionysius,  vii.  69.  Yedius  PoUio,  one  <^ 
the  friends  of  Augustus,  devised  a  new  species  of  cmehy  to  slaves, 
throwing  them  into  a  fish  pond,  to  be  devoured  bv  lampreys,  (mti- 
nme,)  Piin.  ix.  23.  s.  39.  Dio.  liv.  23. 

A  person  guilty  of  parricide,  that  is,  of  murdering  a  parent  or  any 
near  relation,  after  being  severely  scouiged,  {fanguineis  virgis  ca- 
su*t)  was  sewed  up  in  a  sack,  {cuUo  insatWy)  with  a  dog,  a  cock,  a 
viper,  and  an  ape,  and  then  thrown  into  the  sea  or  a  deep  tiver, 
Cic.  pro  Ro9c»,  Amer»  iu  25.  26.  Senec.  CUm.  i.  23. 

RELlOIOXof  the  HEATHEX.—ORIQIX of  POLYTHEISM. 

Tms  is  a  very  extensive  subject,  and  would  require  of  itself  a 
volume.  We  can  only  give  a  few  general  sketches,  interspersing 
some  hints,  which  will  sliow  the  necessity  and  propriety  of  seeking 
further  information  from  other  sources.  Some  have  supposed  the 
gioupe  of  Heathen  Deities  to  have  taken  rise  from  the  custom  in- 
troduced by  the  PotU^  and  practised  both  by  Philosophin  and  Om- 
tovM^  of  personifying  the  VIRTUES  and  VICES  of  the  human 
heart :  and  no  doubt  there  is  some  foundation  for  this  opinion.  If 
the  deities  of  the  nations,  their  various  characteristics  and  attributes, 
be  considered,  it  will  immediately  appear  that  their  numbers  have 
been  increased,  their  characters  embellished,  and  their  exploits 
emblazoned  by  this  circumstance.  We  cannot,  consistently  with 
our  plan,  give  many  instances  of  the  truth  of  this  observation.  One 
<»-  two  must  suffice.  MINERVA  is  the  goddess  of  wisdom,  and  she 
sprung  from  the  brain  ofJiqnter,  by  the  stroke  of  VulcanU  hammer. 
May  we  not  clearly  interpret  this  ^neration  of  wisdom's  goddess, 
upon  well  known  and  obvious  principles  ?  Wisdom  has  always  been 
supposed  to  be. seated  in  the  head;  it  is  the  fruit  of  much  labour 
and  application;  it  cannot  be  acquired  in  a  high  degree  without 
ffreat  mental  exertions ;  and  it  proceeds,  as  does  every  good  gift, 
Srom  the  Most  High.  Hence  the  fiction  of  MINERVA'S  being  ge- 
nerated from  the  head  of  JUPITER,  the  king  of  the  gods,  by  the 
str<JLe  of  VULCAN,  the  most  laborious  and  industrious  among,  the 
deities.  VENUS  is  the  goddess  of  beauty,  and  said  to  be  produced 
from  the  foam  of  the  sea,  near  the  island  of  Cyihtra.  Beauty  is  a 
female  quality,  highlv  prized ;  though  a  dangerous  and  precarious 
accomplishment.  The  splendour  and  instability  of  froth,  as  well  as 
its  emptiness,  are  fit  emblems  of  beauty.  The  GRECIAN  islands 
are  to  this  day  famous  for  producing  beautiful  women ;  and  the  sea 
is  a  most  dangerous  element  to  man. 

2.  Others  have  conceived  the  deities  of  the  heathens  to  be  no 
other  than  the  great  men  and  herota  of  the  earth :  and  their  exploits, 
to  be  only  their  history,  adorned  and  embellished  by  the  Orators 
and  Poets.  Facts  almost  innumerable  will  justify  this  hypothesis. 
BELUS  was  an  Assyrian  monarch,  and  was  worshipped  after  his 
decease  as  a  god,  under  tiie  name  of  BEL.    JUPITER  was  the 


t 


330  ROMAN  ANTIQUITIES. 

kiDff  of  the  gods,  and  born  in  Crete.  A  person  of  that  name  W9» 
really  king  there,  exercised  his  sovereignty  over  that  beautiful  isl- 
and,  and  was  deified. 

3.  Others  have  supposed  that  many  of  the  deities  took  their  ori- 
in  from  the  perversion  or  misapprehension  of  Scripture  passaget, 
lintly  handed  down  by  tradition.  Thus  the  character  of  BAC- 
CHUS has  been  thought  to  be  formed  from  those  of  JVboA,  Motets 
and  Joshua :  and,  surely,  if  we  examine  scripture  accounts,  and 
compare  them  with  the  character  of  BACCHUS,  we  shall  find 
some  ground  for  this  supposition.  BACCHUS  was  the  god  of  wine ; 
bore  a  spear  entwined  with  vine-leaves  ;  was  the  conqueror  of 
India;  always  voung;  and  performed  many  miraculous  exploits. 
NOAH  planted  a  vineyard,  and  was  intoxicated  with  the  fruit  of 
the  vine.  The  thyrsus  and  youth  of  BACCHUS,  and  the  rod  and 
perpetual  vigour  of  Moses  ;  as  well  as  the  conquests  and  youth  of 
Joshua^  and  those  of  Bacchus^  bear  a  strong  resemblance*  ThuS| 
also,  HERCULES  has  been  taken  for  the  SAMSON  of  the  BiUe. 
ki  s  needless  to  state  the  parallel  in  detail,  the  general  resemblanoe 
must  strike  us  very  forcibly :  both  of  them  were  remarkable  for 
their  great  strength^  displayed  in  the  destruction  of  wild  beasts ; 
both  of  their  lives  were  subject  to  continual  disquiet  and  danger ; 
both  were  slaves  to  female  caprice,  and  remarkable  for  their  attach* 
ment  to  women :  and  a  woman  was  eventually  th^  ruin  of  both.  A 
<ietailed  comparison  between  Moses  and  Bacchus  shows  still  more 
clearly  the  justice  of  the  remark,  that  scripture  history  (misrepre- 
aented  or  perverted,)  has  furnished  materials  for  forming  the  cha- 
racters of  the  heathen  gods.  Various  derivations  have  been  as- 
signed to  the  name  JUPITER,  otherwise  written  JOVIS  PATER, 
or  DHSPATER,  the  father  and  king  of  the  gods  ;  and  it  appears 
dear,  that  the  word  will  admit  of  difierent  etymologies,  according 
to  the  view  in  which  it  is  considered,  and  the  language  whence  it 
<nay  be  supposed  to  spring.  The  word  Jupiter^  may  be  easily  formed 
from  the  two  Greek  words  Zsug  and  ^ojni^^  in  the  vocative  case,  or 
«tate  of  in  vocation,  Zs-^aff^fi,  and  its  meaning  or  signification  may  be 
then  readily  discovered  :  Zeuj,  Zaf,  Z>i^,  or  Zi|v,  being  clearly  deriv- 
•ed  from  Zau  vivo^  and  the  proper  meaning  will  then  be,  father 
of  life.  Again,  Jovis  paier^  another  of  the  names  by  which  this  god 
is  distinguished  is  a  compound  word,  the  first  part  of  which  is  com- 
monly found  in  the  oblique  eases  only,  and  may  be  derived  from  the 
Hebrew  r\^\  JAH  or  JEHOVAH,  /  am^  or  /  am  that  lam  ;  pointing 
out  the  self-sufficiency,  immutability,  eternity,  and  incomprehenaibi- 
lity  of  the  Deity.  From  which  it  appears,  that  the  name  and  attri* 
butes  of  the  true  God,  perverted  or  misapprehended  by  tradition, 
kave  given  occasion  to  the  various  characters  and  worship  applied 
to  Jupiier, 

4.  The  Trinity  of  the  Scriptures,  which  in  itself  is  a  mystery  in- 
comprehensible by  reason,  has,  in  like  manner,  doubtless,  given 
birth  to  the  tryad  of  Plato,  of  the  Persians^  Indians^  and  other  na- 
tions ;  and  the  attempts  to  explain  the  doctrine  of  the  Trinity,  from 


:  REUGION  OF  THE  HEATHEN,  &c*  331 

prmciples  of  reason,  have  pn>bably  giyen  rise  to  the  immense  mul« 
titude  of  heathen  deities. 

&  Others,  with  great  appearance  of  reason,  have  derived  the  ori* 
gin  of  many  of  the  heathen  deities  from  the  heavenly  bodies  ;  which 
were  first  the  subjects  of  admiration,  and  afterwards  the  objecis^of 
worship,  on  account  of  the  extensive  benefits  derived  from  them  to 
mankind.  Thus  PHCEBUS,  («oii3o(,)  otherwise  called  APOLLO, 
from  9Ci'(,  was  the  god  of  the  sun,  sometimes  also  called  SOL.  DIA- 
NA on  earth,  was  LUNA  in  heaven.  CASTOR  and  POLLUX, 
ANDROMEDA,  and  others,  were  stars,  and  TELLUS,  the  god- 
dess of  the  earth.  For  the  same  reason,  viz.  for  the  benefits,  real 
or  supposed,  to  be  derived  from  them  to  man,  adoration  vras  paid  to 
the  deities  of  rivers^  lakes,  fountainsy  &c. 

6.  Still  further :  ALLEGORY  has  been  sometimes  successfully 
applied  to  account  for  the  worship  of  many  of  the  heathen  deities. 
Thus  MATTER,  and  its  various  modifications,  are  supposed  to  have 
been  contemplated,  especially  by  the  Pythagoreans,  under  the  names 
and  characters  of  various  gods.  Thus  the  SATURNUS  of  the 
Romans,  who  was  the  Sealer  of  the  Saxons,  and  X^ovo^  of  the  Greeks f 
is  supposed  to  mean  original  matter,  or  the  hidden  secret  state  of 
matter,  out  of  which  all  visible  forms  are  generated,  and  into  which 
they  sink  again :  whence  this  deity  is  said  to  have  devoured  his  own 
children  ;  and  because  this  decay  of  f(»rms  is  the  work  of  time,  be 
b  called  X^ovo^.  He  is  fabled  to  have  been  married  to  OPS,  because 
matter  when  united  io  form  becomes  visible :  and  OPS  is  called  the 
mother  of  the  gods,  because  the  elements  which  they  deified,  were 
no  objects  of  worship,  till  they  were  in  a  formed  state,  and  became 
visible. 

In  confirmation  of  this  sentiment,  the  Saxon  Idol  Seater,  was  re- 
p  resented  by  symbols  expressive  of  this  physiological  character. 

PROTEUS,  also,  who  had  the  faculty  of  transforming  himself  in- 
to all  shapes,  has  been  supposed  to  represent  the  same  first  or  pri- 
mordial matter,  which  is  capable  of  all  forms.  The  SATYRS,  whose 
name  and  signification  are  nearly  allied  to  Saturn,  are  therefore  said 
to  have  hid  themselves  in  v\%  which  is  an  equivocal  term,  and  signi- 
fies  either  wood  or  matter.  It  may  be  remarked,  though  rather 
foreign  to  our  purpose,  that  Woden  or  Goden,  (the  letters  ^and  6 
being  convertiolc,  and  frequently  used  the  one  for  the  other,  as  in 
GALLIA  and  WALLIA,)  was  one  of  the  Saxon  gods,  the  god  of 
war,  and  in  very  high  estimation  amon^  the  ancient  Germans ;  and 
that  our  term  for  the  Deity,  viz.  GOD,  is  borrowed  from  the  Saxon, 
omitting  the  termination.  The  adjective,  good,  may  have  the  same 
etymology. 

We  need  not  be  surprised,  therefore,  to  find  that  the  gods  of  the 
Romans,  hereafter  mentioned,  were  very  numerous  :  for  they  rea- 
dily adopted  the  gods  of  the  nations  which  they  conquered ;  and 
sometimes  conveyed  their  statues  or  images,  with  ^reat  ceremony, 
and  at  a  vast  expense,  from  foreign  parts.    So  pliiu>le  was  the  spi- 


332  ROMAN  ANTIQUITIES. 

rit  of  Pohfiheiam^  that  the  worship  of  different  deities  seldom  occa* 
sioned  any  feuds  or  animosities  among  their  devotees. 

The  rery  idea  of  the  existence  of  a  multiplicity  of  gods,  naturally 
relaxes  the  severity  of  religious  sentiment ;  the  homage  paid  is  mere- 
ly external ;  it  does  not  engage  the  heart ;  and  the  mind,  distracted 
by  unlimited  variety,  and  without  any  fixed  and  determinate  object 
of  worship,  readily  distributes  a  portion  of  its  regard,  to  gratify  the 
partiality  of  a  neighbour  or  friend. 

For  these  reasons,  ahhough  the  senate  considered  themselves  the 
guardians  of  the  public  religion,  and  particular  officers,  called  cediles', 
were  annually  appointed,  whose  duty  it  was,  amon^  other  things,  to 
prevent  the  introduction  of  new  gods,  or  of  new  religious  ceremonies ; 
so  loose  were  the  religious  principles  of  the  Romans,  that  the  intro- 
duction or  rejection  of  foreign  deities  rarely  excited  any  alarm,  and 
never  prodiK^  any  dangerous  commotion. 

The  Christian  system,  on  the  contrary,  not  only  because  it  com- 
bated their  prejudices,  and  opposed  the  deep*  rooted  and  favourite 
corruptions  and  passions  of  the  human  heart ;  but  because  it  nar- 
rowed the  basis  of  religious  homage,  and  condemned  both  the  prin- 
ciples and  practices  of  Pagan  worship,  raised  the  most  violent  re- 
sentment, and  occasioned  fierce  and  bloody  persecutions. 

The  Jewish  religion,  if  its  professors  had  not  been  despised  for 
their  obscurity,  the  smallness  of  their  number,  and  their  bigoted  at- 
tachment to  their  own  ceremonies,  which  were  by  these  ignorant 
idolaters  supposed  to  be  either  unnecessary  or  ridiculous,  would  un- 
doubtedly have  been  attended  with  the  same  effects. 

RELIGION  or  the  ROMANS. 
1.  The  GODS  whom  they  worshipped, 

Thkse  were  very  numerous,  and  divided  into  Din  Majorwn  geiu 
iium,  and  Minomm  gentuan^  Cic.  Tusc*  i.  13.  in  allusion  to  the  di- 
vision of  senators.     See  p.  10. 

The  Dll  MAJORUM  GENTIUM  were  the  great  celestial  dei- 
ties, and  those  called  Dii  Selecti. 

The  great  celestial  deities  were  twelve  in  number:  Dtanyff.  vii.72.^ 

*  These  deiiyts  am  generally  considered  to  be  the  same  as  the  twelTe  principal  god* 
of  the  Greeks,  from  which  people  the  Romans  are  too  generally  supposed  to  have  re- 
ceived Ideir  notions  of  religion,  their  religious  ceremonies,  and  their  gods.  It  is  not 
tu  be  doubted,  thdt  after  the  beginning  of  the  historic  ages  of  Rome,  the  worship  of 
the  Grecian  deities  was  in  some  degree  introduced  into  Italy,  and  that  their  whole 
Oly mpas  became  subsequently  naturalised  in  that  country,  after  the  works  of  Virgil, 
Ac.  and  nyure  especially  the  metamorphoses  of  Ovid,  had  yielded  up  tu  them  the 
governance  of  the  universe  taken  from  the  earlier  gods  of  their  native  country.  It 
should,  however,  be  remarked,  that  the  religious  age  had  long  been  pttst  i  and  th^ 
almost  as  soon  as  we  escape  frum  the  traditionary  ages  of  the  Roman  people  to  that 
which  may  be  depended  upon  as  historical,  we  pass  also  from  the  period  when  the 
spirit  of  religion  mingled  with  the  constitution  of  society ;  attaining  to  that  in  which 
its  forms  become  the  primary  object  of  care  to  the  pe<iple  and  the  government,  %m4 
when  the  religious  establi&hmeut  usurps  the  place  oi  religioo  itself.  All  the  Biogliug; 


RELIGION  OF  THE  ROMANS.  233 

1.  JUPITER,  (Zeus  narn{,  voc.  Z«u  nars^,)  the  king  of  Gods  and 
men  ;  the  son  of  Saturn  and  Rhea  or  Ops^  the  goddess  of  the  earth ; 
bom  (uid  educated  in  the  island  of  Crete ;  supposed  to  have  de- 
throned his  father,  and  to  have  divided  his  kingdom  with  his  bro- 
thers ;  so  that  he  himself  obtained  the  air  and  earth,  Neptune  the  sea, 
and  Pluto  the  infernal  regions  ; — usually  represented  as  sitting  on  an 
ivory  throne,  holding  a  sceptre  in  his  left  hand,  and  a  thunderbolt 
(Jtdmen)  in  his  right,  with  an  eagle;  and  Flebcj  the  daughter  of  Juno, 
and  goddess  of  youth,  or  the  boy  Ganymedes^  the  son  of  Tros,  his 
cup-bearer^  {pinctrna  vel  pocillator^)  attending  on  him  ;  called  J a- 
piTsa  FcRCTRius,  (a  ferendo,  qudd  ei  spolia  opima  afferebantur  fer- 
culo  vel  feretro  gesia^  Liv.  i.  10.  vel  a  feriendo,  Plutarch^  in  RomU' 
lo ;  Omine  quod  certo  dux  ferit  ense  ducem^  Propert.  iv.  11.  46. 
Dionys.  i.  34.)  Elicius,  {qudd  se  ilium  certo  carmint  e  calo  elicere 
posse  credebant,  Ovid.  Fast.  iit.  327.  ut  edoceret^  quomodo  prodigia 
fulminibus^  aliove  quo-  viso  missal  curarentur  vel  expiarentur^  ibid.  & 

Liv.  i.  20.)  Stator  Capiin>linus,  aiid  Tonans,  which  two  were 
^jifTerent,  and  had  different  temples,  Die,  liv.  4.  Suet  Aug.  29  & 
91.  Tarpeius,  Latialis,  Diespiter,  (Jiet  et  lucis  pater)  Opmias 
Majcimus,  OtrMPicus,  Sumhus,  &;c.  Sub  Jovefiigido^  sub  dio,  under 
the  cold  air,  Herat,  OiL  i.  1.  25.  ii.  3.  23.  Dextro  Jove^  by  the  fa- 
vour of  Jupiter,  Pers,  v.  114.  Incolumi  Jove^  i.  e.  Capitolio^  ubi  Jupi- 
ter colebatnr^  Horat.  Od.  iii.  5.  12. 

2.  JUNO,  the  wife  and  sister  of  Jupiter,  queen  of  the  gods,  the 
goddess  of  marriage  and  of  child-birth  ; — called  Juifo  rsgin a  vel 
regia :  Pronuba,  {qudd  nubentibus  ;>r(Be«5e/,  Serv.  in  Yirg.  iEn.  iv. 
166.  Ovid.  Ep,  vi.  43.  Sacris  prctfecla  maritis^  i.  e.  nuptialibus  so- 
lemnitatibuSf  ib.  xii.  65.)  Matrona,  Lucina,  (qudd  lucem  naseenti' 
biu  daretf)  Monbta,  (a  monendo^  because,  when  an  earthquake  hap- 
pened, a  voice  was  uttered  from  her  temple,  advising  the  Romans 
to  make  expiation  by  sacrificing  a  pregnant  sow,  Cic,  divin.  i.  45. 
ii.  32.)  represented  in  a  long  robe  {stola)  and  magnificent  dress : 
sometimes  sitting  or  standing  in  a  light  car,  drawn  by  peacocks,  at- 
tended by  the  Aur  je,  or  air  nymphs,  and  by  Iris,  thegoddess  of  the 
rainbow.    Junone  secunda,  by  the  favour  of,  yirg.  JEn.  iv.  45. 

therefore,  of  religion  in  the  constitution  of  the  Roman  state  and  people,  bears  the 
traces  of  the  first  Roman,  Etruscan,  or  Italian  saperstilions  and  wor«hip,  without  any 
other  connexion  with  the  mythology  of  Greece  than  that  pervading  principle  which 
may  be  traced,  according  to  Vico,  in  the  infant  institalions  of  all  the  early,  and,  if 
we  may  so  express  ourseUes,  contemporarily  primeval  people  of  antiquity.  Even 
the  supreme  Twelve,  so  universally  aclcnowledged  to  be  common  to  Greece  and 
t  Rome,  and  which  probably  did  not  become  so  till  by  degrees  the  traditions  concern- 
ing those  of  the  former  country  had  been  slowly  transferred  to  those  of  the  latter, 
v^ere  not  recognized  in  the  two  countries  by  the  same  appellations.  Indeed,  there 
can  be  committed  np  greater  error  than  to  suppose  the  same  religiou  to  have  sprung 
up  spontaneously  in  two  countries  so  little  connected,  even  at  a  late  period  of  anti- 
quity,  by  the  intercourse  of  either  peace  or  war.  Nor  is  any  thing  gained  by  the 
supposition,  unsupported  of  itself,  that  the  religion  of  one  country  was  transplanted 
at  an  early  period  into  the  other;  as  the  very  exactness  of  the  subsequent  relation 
renders  it  impossible,  that,  if  the  naturalization  had  taken  place  at  a  period  beyond 
the  reach  of  history,  the  modifications,  both  in  the  form  of  worship  and  the  traditionbl 
aairative,  should  not  have  been  ereater.-*Eo. 

30 


234  ROMAN  ANTIQUITIES. 

3.  MINERVA  or  PALLAS,  the  goddess  of  wisdom ;  hence  said 
to  have  sprung  {cum  clypto  prosiluisse^  Ovid.  Fast.  iii.  841.)  from 
the  brain  of  Jupiter,  by  the  stroke  of  Vulcan ;  Ter.  Heaui.  v.  4.  13. 
dso  of  war  and  of  arms ;  said  to  be  the  inventress  of  spinning  and 
weaving,  {IcBuificii  ei  texturai)  of  the  olive,  and  of  warlike  chariots ; 
Ovid,  ibid, — called  ArmipoUnSf  TVitonia  virgo^  because  she  was  first 
seen  near  the  lake  TVitDnis  in  Africa ;  Attica  vel  Cercopia^  because 
she  was  chiefly  worshipped  at  Athens ; — ^represented  as  an  armed 
vii^n,  beautiful,  but  stern  and  dark-coloured,  with  azure  or  sky-co- 
loured eyes,  (glaucis  occtUis,  yXauxw^ig  Adijvij,)  shining  like  the  eyes  of 
a  cat  or  an  owl,  (y^mv^^  -xo^,  noctua^)  G^U.  ii.  26.  having  an  helmet  on 
her  head,  and  a  plume  nodding  formidably  in  the  air ;  holding  in  her 
right  hand  a  spear,  and  in  her  left  a  shield  covered  with  the  skin  of 
the  gOBiAmalthla,  by  which  she  was  nursed,  (hence  called  ^GIS,) 
given  her  by  Jupiter,  whose  shield  had  the  same  name,  Virg.  Xtu 
viii.  454.  ir  ibi  Serv,  in  the  middle  of  which  was  the  head  of  the 
Gorgon  Medusa,  a  monster  with  snaky  hair,  which  turned  every  one 
who  looked  at  it  into  stone,  ibid. 

There  was  a  statue  of  Minerva,  (PALLADIUM,)  supposed  to 
have  fallen  from  heaven,  which  was  religiously  kept  in  her  temple 
by  the  Trojans,  and  stolen  from  thence  by  Ulysses  and  Diom^des. 
Tohrare  colo  vitam  tenuique  Minerva^  i.  e.  lanificio  non  qiuBstuosOf 
by  spinning  and  weaving,  which  bring  small  profit.  Virg,  Mn,  viii. 
409.  Invitd  Minerva,  i,  e.  adversante  et  repugnant e  naturd,  against 
nature  or  natural  genius.  Cic.  Cff.  i.  31.  Agere  aliquid  pingui  JK- 
nervd,  simply,  bluntly,  without  art,  Columell.  I,  pr,  33.  xi.  1.  32. 
Abnornds  sapiens^  crass&que  Minerva,  a  philosopher  without  rules, 
and  of  strong  rough  common  sense,  Horat,  Sat,  li.  2.  Sus  Minervam^ 
sc.  docet,  a  proverb  against  a  person,  who  pretends  to  teach  those 
who  are  wiser  than  himself,  or  to  teach  a  thing  of  which  he  himself 
is  ignorant,  Cic.  Acad.  i.  4.  Festus, — Pallas  is  aldo  put  for  oil,  Ovid. 
Ep,  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  mention- 
ed by  the  poets ;  one  the  mother,  and  the  other  the  daughter  of 
Saturn,  who  are  often  confounded :  but  the  latter  chiefly  was  wor- 
shipped at  Rome.  In  her  sanctuary  was  supposed  to  be  preserved 
the  Pailadium  of  Troy,  {fatale  pignus  imperii  Rotnaniy)  Liv.  xxvi. 
27.  and  a  fire  kept  continually  burning  by  a  number  ^f  virgins,  call- 
ed the  Vestal  Virgins  /  brought  by  iEneas  from  Troy,  Virg.  .Sin,  ii. 
297.  hence  Ate  locus  es  Vesta,  qui  Pallada  servat  et  ioneu,  Ovid. 
Trist,  iii.  1.  39.  near  which  was  the  palace  of  Numa,  ib.  40.  Oral. 
Orf.i.2.  16. 

5.  CERES,  the  goddess  of  corn  and  husbandry,  the  sister  of  Ju- 
piter ;  worshipped  chiefly  at  Eleusis  in  Greece,  and  in  Sicily  :  her 
sacred  rites  were  kept  very  secret. — She  is  represented  with  her 
head  crowned  Mrith  ears  of  corn  or  poppies,  and  her  robes  falling 
down  to  her  feet,  holding  a  torch  in  her  hand.  She  is  said  to  have 
wandered  over  the  whole  earth  with  a  torch  in  her  hand,  which  she 
lighted  at  Mount  JEtna :  (Hinc  Cereris  sacris  nunc  quoque  tceda  da- 


RELIGION  OF  THE  ROMANS.  235 

it/u't  Ovid.  Fast  iv.  494.)  in  quest  of  her  daughter  Proserpina^  \7h0- 

was  earned  off  by  Pluto. PLUTUS,  the  god  of  riches,  is  sup* 

posed  to  be  the  son  of  Ceres. 

Ceres  is  called  Legtfera  the  lawgiver^  because  laws  were  the  ef- 
fect of  husbandry,  Plin.  viii.  56.  and  Arcana^  because  her  sacred  rites 
were  celebrated  with  great  secrecy,  HoraL  Od,  iii.  2.  27.  and  with 
torches  ;  i^hence,  ttptr  UsdifercB  mystica  $acra  Dea,  Ovid.  £p.  ii.  42. 
particularlv  at  EleusisJin  Attica,  {sacra  Eleusinia,)  from  which,  by  the 
voice  of  a  herald,  the  wicked  were  excluded  ;  and  even  Nero,  while 
in  Greece,  dared  not  to  profane  them.  Suet.  JSTer.  34.  Whoever  en- 
tbred  without  beinff  initiated,  although  ignorant  of  this  prohibition, 
was  put  to  death.  Lib.  zxxi.  14.  Those  initiated  were  called  Mystjc, 
Ovid.  Pasif  iv.  356.  (a  f^uu,  premo,)  whence  mysierium.  A  preg- 
nant sow  was  sacrificed  to  Ceres,  because  that  animal  was  hurtful 
to  the  com  fields,  Ovid.  Pont.  ii.  9.  30.  Met.  xv.  111.  And  a  fox 
was  burnt  to  death  at  her  sacred  rites,  with  torches  tied  around  it ; 
because  a  fox  wrapt  round  with  stubble  and  hay  set  on  fire,  being 
let  go  by  a  boy,  once  burnt  the  growing  corn  of  the  people  of  Car- 
selli,  a  town  of  the  i£qu],  Ovid.  Fast.  iv.  681.  to  112.  as  the  foxes 
of  Samson  did  the  standing  com  of  the  Philistines,  Judg.  xv.  4. 

Ceres  is  often  put  for  corn  or  bread  ;  as.  Sine  Cerere  tt  Baccho 
Jrigei  Venu$t  without  bread  and  wine  love  grows  cold,  Tertnt.  £un» 
iv-  5.  6,  Cic.  Nat.  D.  iL  23. 

6.  NEPTUNE,  (a  nando,  Cic.  Nat.  D.  ii.  26.  vel  qubd  mare 
terras  obnubit,  %U  nubes  culum  ;  a  nuptu,  id  est^  opertione  /  unde  nup- 
ticB,  Varr.  L.  L.  iv.  10.)  the  god  of  the  sea,  and  brother  of  Jupiter ; 
— ^represented  with  a  trident  in  his  right  hand,  and  a  dolphin  in  his 
left ;  one  of  his  feet  resting  on  part  of  a  ship  :  his  aspect  majestic 
and  serene :  sometimes  in  a  chariot  drawn  by  sea-horses,  with  a 
tritpn  on  each  side  ;  called  iEojsus,  Virg.  JEn.  iii.  74.  because  wor- 
shipped at  ^gee,  a  town  in  the  island  of  Euboea,  Homer.  11.  v.  20.' 
Vterque  Neptunus^  the  mare  svpentm  and  inferum,  on  both  sides  of 
Italy :  or  Neptune  who  presides  over  both  salt  and  fresh  water,  (/t- 
queniibus  stagnis  mariquce  salso,)  CatuU.  xxix.  3.  Neptunia  arva  vel 
regno,  the  sea,  Virg.  Mn.  viii.  695.  Neptunius  duxj  Sex.  Pompei- 
us,  Horat.  Epod.  ix.  7.  who,  from  his  power  at  sea,  called  himself 
the  son  of  Neptune,  Dio.  xlviii.  19.    Neptunia  Pergama  vel  Troja, 
because  its  walls  are  sard  to  have  been  built  by  Neptune  and  Apol- 
lo, Ovid.  Fast.  i.  5.  5.  Virg.  Mn.  ii.  625.  at  the  request  of  Laome- 
don,  the  father  of  Priam,  who  defrauded  them  of  their  promised  hire, 
{pacta  mercede  destituit,)  Horat  Od.  iii.  3.  22.  that  is,  he  applied  to 
that  purpose  the  money  which  he  had  vowed  to  their  service,  Serv, 
in  Virg.     On  which  account  Neptune  was  ever  after  hostile  to  the 
Trojans ;  Virg.  .Sin.  ii.  610.  and  also  to  the  Romans,  Id.  G.  i.  502. 
Apollo  was  afterwards  reconciled  by  proper  atonement ;  being  also 
offended  at  the  Greeks  for  their  treatment  of  Chryseis,  the  daughter 
of  his  priest  Chryses,  Serv.  ib.  whom  Agamemnon  made  a  captive, 

Ovid.  Remed.  jJm.  469.  Homer.  II.  i. The  wife  of  Neptune  was 

4mphitritef  sometimes  put  for  tlie  sea,  Ovid,  Met,  u  14« 


\ 


236  ROMAN  ANTIQUITIES, 

Besides  Neptune,  there  were  other  sea-ffods  and  ffoddesses ;  Oce^ 
dnuSf  and  his  wife  Tethys  ;  Nertxut  and  nis  wife  Uorxs^  the  Ntre^ 
ides,  Uietis,  Doio,  Galatea,  &c.  Triton,  Proteus,  PortumnuSf  the 
son  of  Matuia  or  Aurora  and  Glaucus,  hio,  Palemon,  dec. 

7.  VENUS,  the  goddess  of  love  and  beauty,  said  to  have  been 
produced  from  the  foam  of  the  sea,  near  the  island  Cythira  ;  hence 
called  Cytlarea,  Herat.  Od.  i.  4.  5.  Firg.  Mn.  ib.  128.  Marina,  Id. 
iii.  26.  5.  and  by  the  Greeks,  'A^^^irt),  ab  d/^gog,  spuma :  according 
to  others,  the  daughter  of  Jupiter  and  the  nymph  Z>tOne ;  hence 
called  Dionaa  mater,  by  her  son  ^neas,  Virg,  JEn,  iii.  19.  and 
hence  Julius  Caesar  was  called  Dioncsus  ;  as  being  descended  firom 
lulus,  the  son  of  iBneas,  Id.  Eel.  ix.  47.  Dionceo  sub  antro,  under 
the  cave  of  Venus,  Herat.  Od.  ii.  1.  39. — ^the  wife  of  Vulcan^  but 
unfaithful  to  him,  Ovid.  Met.  iv.  171.  &c.  worshipped  chiefly  at  Pa- 
phos,  Am&thus,  -untis,  and  Idalia,  v.  -turn,  in  Cyprus ;  at  Eryx  in 
Sicily,  and  at  Cnidus  in  Caria ;  hence  called  Cypris,  Adis,  Dea  Pa- 
phiaf  Amathusia  Venus,  Tacit.  Annal.  iii.  62.  renus  Idalia,  Virg. 
JEn.  V.  760.  and  EayciwA,  Herat.  Od.  i.  2.  33.  Cic.  Verr.  ii.  8. 
Regina  Cnidia,  Horat  Od.  i.  30.  1.  Venus  Cnidia,  Cic.  Divin.  i.  13. 
Verr.  iv.  60.  Alma  decens,  aurea,  formosa,  &c.  also  Cloadna  or 
Cluacina,  from  cluerc,  anciently  the  same  with  luere  or  purgare,  be- 
cause her  temple  was  built  in  the  place  where  the  Romans  and  Sa- 
bines,  after  laying  aside  their  arms,  and  concluding  an  agreement, 

purified  themselves,  Plin.  xv.  29.  s.  36. Also  supposed  to  be  the 

same  with  Libitina,  the  goddess  of  funerals,  Dionys.  iv.  15.  whom 
some  make  the  same  with  Proserpine,  Plurarch.  in  Numa,  67. 
— often  put  for  love,  or  the  indulgence  of  it :  Damnosa  Venus,  Ho- 
rat. Ep.  i.  18.  21.  Sera  jiivenum  Venus,  eoqut  inexhausta  pubertas^ 
Tacit,  de  mor.  Germ.  20. — for  a  mistress,  Horat.  Sat.  i.  2.  119. — 
4.  1 13.  Virg,  Ec.  iii.  68. — for  beauty,  comeliness,  or  grace,  Plaui. 
Stick*  ii.  1.  5.  TabuIcB  pictcs  Venus,  vel  Venustas,  quam  Greed  x*f*"* 
vocant.  Plin.  xxxv.  10.  s.  36.  Dicendi  veneres,  the  graces,  Quinctil- 
ian,  z.  1.  Venerem  hahere,  Senec.  Benef.  ii.  28.  Cicero  says 
there  were  more  than  one  Venus,  Xat.  D.  iii.  23.  (Venus  diclu 
qudd  ad  omnes  res  veniret ;  atque  ex  ea  venustas,  Id.  ii.  27.  et  Vb- 
NERii,  i.  e.  servi  Veneris,  Id.  Csecil.  17.) 

The  tree  most  acceptable  to  Venus,  was  the  myrtle,  Virg.  EcL 
vii.  62.  <Jf  Serv.  in  lee.  Mn.  v.  72.  hence  she  was  called  Myrtka, 
and  by  corruption  Murcia,  Plin.  xv.  29.  s.  36.  Plutarch.  quizsU 
Rom.  20.  Varr.  L.  L.  iv.  32.  Serv.  in  Virg.  ^n.  viii.  635.  and  the 
month  most  agreeable  to  her  was  April,  because  it  produced  flow- 
ers; hence  called  mensis  Veneris,  Horat.  Od.  iv.  11.  15.  on  the 
first  dav  of  which,  the  matrons,  crowned  with  myrtle,  used  to  bathe, 
themselves  in  the  Tiber,  near  the  temple  of  Fortona  virilis,  to 
whom  they  offered  frankincense,  that  she  would  conceal  their  de- 
fects from  their  husbands,  Ovid.  Fast.  iv.  139,  &c. 

The  attendants  of  Venus  were  her  son  CUPID ;  or  rather  the 
Cupids,  for  there  were  many  of  them ;  but  the  two  most  remark- 
able, were  one  {Eros)  who  caused  love,  and  the  other  (Antlros)  who 


RELIGION  OF  THE  ROMANS.  937 

made  it  cease,  or  produced  miitiial  love ;  painted  with  wiogi,  a 
ipiiver,  bow,  and  darts :  the  three  GRACES,  GraticB,  vel  Charites, 
JlgUaa  or  Panlhta^  Thalia^  and  Ettphrosynt^  represented  generally 
naked,  with  their  hands  joined  toother ;  and  NYMPHS  dancing 
with  the  Graces,  and  Ven\u  at  their  head,  Horai.  Od.  i.  4.  5. — 30. 
6.  ii.  8.  13.  Sentc.  Bene/.  1.  3. 

8.  y  ULCANUS  vel  Mulciber,  the  god  of  fire,  aoMOPOTBSS,  Yirg. 
X.  243.)  and  of  smiths ;  the  son  of  Jupiter  and  Juno,  and  husband 
of  Venus ;  represented  as  a  lame  blacksmith,  hardened  from  the 
forge,  with  a  nery  red  face  whilst  at  work,  and  tired  and  heated 
after  it  He  is  generally  the  subject  of  pity  and  ridicule  to  the  other 
gods,  as  a  cuckold  and  lame. 

Vulcan  is  said  to  have  had  his  workshop  {officina)  chiefly  in  I^m« 
nos,  and  in  the  iBolian  or  lApari  islands  near  Sicily,  or  in  a  cave 
of  Mount  j£tna.  His  workmen  were  the  Cyclopes,  giants  with  one 
eye  in  their  forehead,  who  were  usually  employed  in  making  thun- 
derbolts for  Jupiter,  Vtrg.  Xn.  viiL  416.  &c.  Hence  Vidcan  is 
represented  in  spring  as  eagerly  lighting  up  the  fires  in  their  toil* 
some  or  strong-smelling  workshops,  (  graves  ardens  urit  officinat,)  to 
provide  plenty  of  thunderbolts  for  Jupiter  to  throw  in  summer,  Ho- 
rai.  Od.  L  4.  7.  called  enndus,  greedy.  Id.  iii.  58.  as  Virgil  calls  ig- 
nw,  fire,  edax,  from  its  devouring  all  things,  Xn.  ii.  758.— Some- 
times put  for  fire,  ib.  311.  v.  662.  vii.  77.  Horat.  Sat.  15.  74.  PknU. 
Amph.  u  1. 185.  called  iuteusy  from  its  colour,  Jtrvenal.  x.  133.  from 
I'fUeum  V.  letenii  woad,  the  same  with  glastum,  Caes.  B.  6.  v.  14. 
which  dies  yellow;  herba  qua  ccBndium  inficiuni.  Vitruv.  vii.  14. 
Plin.  xzxiiL  5.  s.  26.  Croceo  miUabU  vellera  lulo^  Virg.  Ed.  44.  /u- 
tewn  ovi,  the  yolk  of  an  egg,  Ptin.  x.  53.  or  rather  from  /tilum,  clay, 
luteuSf  dirty.*  Cicero  also  mentions  more  than  one  Vulcan,  Aaf. 
D.  iii.  22.  as  indeed  he  does  in  speaking  of  most  of  the  gods. 

9.  MARS,  or  Mavora,  the  god  of  war,  and  son  of  Juno :  worship- 
ped by  the  Thracians,  Getse,  and  Scythians,  and  especially  by  the 
nomans,  as  the  Ather  of  Romulus,  their  founder,  called  Graaivtu^ 
(a  gradiendo  ;)  Ovid.  Fast.  ii.  861.  painted  with  a  fierce  aspect, 
riding  in  a  chariot,  or  on  horseback,  with  an  helmet  and  a  spear. 
Mars,  when  peaceable,  was  called  Quirinus,  Serv.  tn  Virg.  i.  286u 
— BELLONA,  the  goddess  of  war,  was  the  wife  or  sister  of  Mars. 
A  round  shield  (ANCILE,  qudd  ab  omni  parte  recisum  est,  Ovid. 
Fast.  iii.  377.)  is  said  to  have  fallen  from  heaven,  in  the  reign  of 
Numa,  supposed  to  be  the  shield  of  Mars ;  which  was  kept  with 
great  care  m  his  sanctuary,  as  a  symbol  of  the  perpetuity  of  the 
empire,  by  the  priests  of  Mars,  who  were  called  SALlI ;  and  that  it 
might  not  be  stolen,  eleven  others  were  made  quite  like  it,  (onci/ta, 
-turn,  vel  "iorum.) 

The  animals  sacred  to  Mars  were  the  horse,  the  wolf,  and  the 
woodpecker,  (picw.)  Mars  is  often,  by  a  metonymy,  put  for  war  or 
the  fortune  of  war  ;'  thus,  JEquo,  vario^  anctpi/e,  incerto  Marte  pug- 
naium  est^  with  equal,  various,  doubtful  success ;  Mars  communis, 
the  uncertain  events  of  war,  Cic.  Accendere  Mar  tern  cantu^  i.  e.pug- 


f 


REUGION  OF  THE  ROMANS.  339 

to  be  the  daughters  of  Jupiter  and  Mnemo$yne  or  meoKHy  ;  Liopif 
the  muse  of  heroic  poetry ;  Clio^  of  history  ;  Melpomene,  of  trage- 
dy ;  Thalia^  of  comedy  and  pastorals ;  Lr(Uo,  of  love-songs  and 
hymns ;  Euierpe,  of  playing  on  the  flute ;  Terpsichdre,  of  the  harp ; 
PolyhymviOt  of  gesture  and  delivery,  also  of  the  three-stringed  m- 
strument  called  Sarbilos,  vel  'on  ;  and  Urania^  of  astronomy ;  Auson. 
EiAilL  20,  Diodor.  iv.  7.  Phomulm  de  Natura  Deonan. 

The  Muses  finequented  the  mountains  Parnassus,  Helicon,  Pitrus, 
&c«  the  fountains  Castalitis^  Aganippe^  or  Hypocrinty  &c.  ;  whence 
they  had  various  names,  Heliconides,  Parnassidcs,  Pitrldes,  CastalU 
detf  TTiespiddes  Pempliddes, 

ISL  DIANA,  the  sister  of  Apollo,  goddess  of  the  woods  and  of 
hunting ;  called  Diana  on  earth,  Lum»  in  heaven,  and  Htcdte  in  hell ; 
hence  tergemina,  diva  triformis,  Tria  virginis  ora  Diana,  Virg,  JEn. 
iy.  52*  Also  Lucina,  Illilhya,  et  Genitalis  seU  GtneiyUis  ;  because 
she  assisted  women  in  child-birth ;  J/octiluca,  and  siderum  regina, 
Horat.  TVivia,  from  her  statues  standing  where  three  ways  met* 

Diana  is  represented  as  a  tall  beautiful  virgin,  with  a  quiver  on 
her  shoulder,  and  a  javelin  or  bow  in  her  right  hand,  chasing  deer  or 
other  animals. 

These  twelve  deities  were  called  Consentes,  -Mm  ;  (Varr.  i  -L. 
vii.  38.  quia  in  consilium  Jovis  adhibebantur,  Augustin.  de  Civit 
DeL  iv.  23.  Duodecim  emm  deos  udvocat,  Senec.  Q.  Nat.  ii.  41.  a 
consensu,  quasi  consentientes :  vel  a  censendo,  t.  e,  consulo  :)  and 
are  comprehended  in  these  two  verses  of  Ennius :  as  quoted  by 
Apuleius,  de  Deo  Socratis  : 

Juno,  Vesta,  Minerva,  Ceresy  Diana,  Venus,  Mars, 
*     Mercurius,  Jovi,  J^eptunus,  Vulcanus,  Apollo. 

On  ancient  inscriptions  they  are  thus  marked  :  j.  o.  w.  t.  e.  Jovi 
Optimo  maximo,  Ceterisq.  dis  Consentibus.  They  were  also  call- 
ed Dii  MAONi,  Virg*  «£n.  iii.  12.  Ovid,  Amor.  iii.  6.  and  cjelestes, 
Vitruv.  i.  8.  Virg.  wEn.  i.  391.  Cic.  Legg.  ii.  8.  or  nobiles,  Ovid. 
Met.  i.  172.  and  are  represented  as  occupying  a  different  part  of 
heaven  from  the  inferior  gods,  who  are  called  plebs,  ibid. 

The  DII  SELECTI  zoere  Eight  in  Number. 

I.  SATURNUS,  the  god  of  time  ;  the  son  of  Calus  or  Uranus, 
and  Terra  or  Vesta.* 

Titan,  his  brother,  resigned  the  kingdom  to  him  on  this  condition, 
that  he  should  rear  no  male  offspring.  On  which  account  he  is  feign- 
ed by  the  poets  to  have  devoured  his  sons  as  soon  as  they  were 
bom,  but  Rhea  found  means  to  deceive  him,  and  bring  up  by  stealth 
Jupiter  and  his  two  brothers. 

Saturn  being  dethroned  by  his  son  Jupiter,  fled  into  Italy,  and 

itnrnas  is  asually  considered  to  be  the  Cronus  of  the  Greeks ;  bat  tho^  *^  *~ 
nes  the  story  of  the  latter  was  undoubtedly  blended  with  that  of  tb^ 
origin  of  the  Ronum  worship  of  Saturn  was  purely  Italian.— £d. 


S40  ROMAN  ANTIQUITIES. 

fave  name  to  Lathun^  from  hisr  lurking  there,  (a  kUendo.)  He  was 
indly  received  by  Janus  king  of  that  country.  Under  Saturn  ia 
supposed  to  have  been  the  golden  age,  when  the  earth  produced 
food  in  abundance  spontaneously ;  when  all  things  were  in  common^ 
Virg.  6.  i.  125.  and  when  there  was  an  intercourse  between  the 
gods  and  men  upon  earth ;  which  ceased  in  the  brazen*and  iron 
ages,  when  even  the  vii^n  Asireaj  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.  Mel.  I  150.  The  only  god- 
dess  then  left  was  Hope,  Id.  Pont.  i.  6.  29. 

Saturn  is  painted  as  a  decrepid  old  man,  with  a  scythe  in  his  hand, 
or  a  serpent  biting  off  its  own  tail. 

%  JANUS,  the  god  of  the  year,  who  presided  over  the  ^ales  of 
heaven,  and  also  over  peace  and  war.  He  is  painted  with  two 
faces,  {bifrons  vel  biceps.)  His  temple  was  open  in  time  of  war, 
and  shut  in  time  of  peace,  Liv.  1.  19.  A  street  in  Rome,  contigu- 
ous to  the  Forum,  where  bankers  lived,  was  called  by  his  name ; 
thus  Janus  summus  ab  imo^  the  street  Janus  from  top  to  bottom,  Ho- 
rat.  Ep.i.  1.  54.  mtdius^  the  middle  part  of  it ;  id.  Sat.  ii.  3.  18.  Cic. 
Phil.  vi.  5.  Thoroughfares  {transitiones  pervia)  from  him  were  called 
Jani^  and  the  gates  at  the  entrance  of  private  houses,  Janxjuzy  Cic 
N.  D.  iii27.  thus  dextro  Jano  porta  Carmentalis,  Liv.  ii.  4&t 

3.  RftEA,  the  wife  of  Saturn :  called  also  Ops^  Cubdt^  Magna 
MateVf  Mater  Deorum^  Berecynthiay  IdcBO^  and  DynaynOiUf  from 
three  mountains  in  Phiygia :  she  was  painted  as  a  matron,  crowned 
with  towers,  {turriia^)  sitting^n  a  chariot  drawn  by  lions,  Ovid.  Fasi. 
iv.  249.  &C. 

Cybele,  or  a  sacred  stone,  called  by  the  inhabitants  the  mothefof 
the  ffods,  was  brought  from  Pessinus  in  Phrygia  to  Rome,  in  the  time 
of  the  second  Punic  war,  Liv.  xxix.  11  &  14. 

4.  PLUTO,  the  brother  of  Jupiter  and  king  of  the  infernal  rc- 

f'ons ;  called  also  Orcus^  Jupiter  infernus  et  Stt/gius.  The  wife  of 
luto  was  PROSERPINA,  the  daughter  of  Ceres  whom  he  carried 
off  as  she  was  gathering  flowers  in  the  plains  of  Enna  in  Sicily ; 
called  Juno  inferna  or  ott/gia^  often  confounded  with  Hecate  and 
Luna  or  Diana  ;  supposed  to  preside  over  sorceries  or  incantations, 
{veneficiis  prceesse.) 

There  were  many  other  infernal  deities,  of  whom  the  chief 
were  the  FATES  or  Destinies,  (PARCiE,  a  parcendo  vel  per  Aw- 
TiPHRASiN,  quodneminiparcant,)  the  daughters  of  Jupiter  and  7%emu, 
or  of  Erebus  and  J^ox,  three  in  number ;  Clotko,  Lachcsis^  and  Atro* 
posj  supposed  to  determine  the  life  of  men  by  spinning ;  Ovid.  Pont, 
i.  8.  64.  Ep.  xii.  3.  Clotho  held  the  distaff,  Lactiesis  span,  and  Jllro* 
pos  cut  the  thread :  when  there  was  nothins  on  the  distaff  to  spin, 
it  was  attended  with  the  same  effect,  Ovid.  Amor.  ii.  6.  46.  Some- 
times they  are  all  represented  as  employed  in  breaking  the  threads, 
Lucan.  iii.  18.    The  FURIES,  (AcncB  vel  Dira^  Eummides  vel 

*  Jamis  was  exclusively  a  Romaa  deity.*— Eo,   . 


RELIGION  OF  THE  ROMANS.  341 

Erinnyes,)  also  three  in  number^  AltctOy  Tysxphdne^  and  Megmra  ;  re- 
presented with  wings,  and  snakes  twisted  in  their  hair ;  holding  in 
their  hands  a  torch  and  a  whip  to  torment  the  wicked  ;  MORS  vel 
Lethum^  death ;  80MNUS,  sleep,  &c.  The  punishments  of  the  in- 
fernal regions  were  sometimes  represented  in  pictures,  to  deter  meo 
from  crimes,  PlatU,  Captiv,  y.  4.  1. 

'  5.  BACCHUS,  the  god  of  wine,  the  son  of  Jupiter  and  Stmth  ; 
called  also  lAber  or  LjfiBUM^  because  wine  frees  the  minds  of  men 
from  care :  described  as  the  copqueror  of  India ;  represented  always 
young,  crowned  with  vine  or  ivy*  leaves,  sometimes  with  homs« 
hence  called  cornigsr,  Ovid*  Ep.  xiii.  33.  holding  in  bis  hand  a 
thfrs%is  or  spear  bound  with  ivy ;  his  chariot  was  drawn  by  tiflerSi 
lions,  or  lynxes,  attended  by  SUenttt^  his  nurse  and  preceptor.  Bac- 
chanals (frantic  women,  BaccJut^  Trvades  yel  Menaaes)^  and  Satyrs, 
Ovid.  Fast.  iii.  715.— 770.  Ep.  iv.  47, 

The  sacred  rites  of  Bacchus,  [Bacchaf%aH(i^  ORGIA  vel  Ctonytto,) 
were  celebrated  every  third  year,  (hence  called  trieterica^)  in  the 
night-time,  chiefly  on  Cithmron  and  Isminiu  in  BoBoUa,  on  Ismdruif 
Rhddope^  and  Edon  in  Thrace. 

PRIAPUS,  the  god  of  ^rdens,  was  the  son  of  Bacchus  and  Ye- 
nu«,  Serv.  in  Firg.  G.  iv.  iii. 

6.  SOL,  the  sun,  the  same  with  Apollo  ;  but  sometimes  also  dis- 
tinguishod,  and  then  supposed  to  be  the  son  of  Huptrxon^  one  of  the 
Titans  or  giants  produced  by  the  earth  ;  who  is  also  put  for  the  sim. 

Sol  was  painted  in  a  juvenile  form,  having  his  head  surrounded 
with  rays,  and  riding  in  a  chariot  drawn  by  four  hCMrses,  attended  by 
the  HortE  or  four  seasons,  Fer^  the  spring ;  JEstaSf  the  summer ; 
AMunmus^  the  autumn  ;  and  Hiems,  the  winter,  Ovid.  Mtt.  ii.  35. 

The  sun  was  worshipped  chiefly  by  the  Persians,  under  the  name 
of  Mithras. 

7.  LUNA,  the  moon,  as  one  of  the  jDti  Selects  was  the  daughter 
of  Hyperion,  and  sister  of  SoL  Her  chariot  was  drawn  only  by  two 
horses. 

8.  GENIUS,  the  daman  or  tutelary  god,  who  was  supposed  to 
take  care  of  every  one  from  his  birth  during  the  whole  of  life.  Places 
and  cities,  as  well  as  men,  had  their  particular  Genii. 

It  was  generally  believed  that  every  person  had  two  Geniif  the 
one  ^ood,  and  the  other  bad.  Defraudare  geniian  suimit  to  pincb 
one's  appetite,  Ter.  Phorm,  i.  1.  10.  Indulgere  geniOf  to  indulge  it, 
Pers.  v.  151. 

Neariy  allied  to  the  Genii,  were  the  LARES  and  PENATES, 
household  gods,  who  presided  over  families. 

The  Lares  of  the  Romans  appear  to  have  been  the  manes  of  their 
ancestors,  Virg.  Mn.  ix.  355.  Small  waxen  images  of  them,  clothed 
with  the  skin  of  a  dog,  were  placed  round  the  hearth  in  the  hdl, 
(in  atrio.)  On  festivals  they  were  crowned  with  garlands,  Plaut^ 
Trin.  i.  i.  and  sacrifices  were  offered  to  them,  Juvenal,  xii.  89. 
Suit,  Aug.  31.  There  were  not  only  Lares  domestid  ^  familiaresp 
but  also  Campitales  et  viales,  miliiares  et  marinij  &c 

31 


242  ROMAN  ANTIQXJITIES. 

The  Penates  (sive  a  penu ;  est  enim  omne  quo  veseuntur  homineg^ 
PENDs ;  sive  quod  penitus  insideni^  Cic  Nat.  Deor.  ii.  37.  Dii  per 
quos  penitus  spiramits^  Macrob.  Sat.  iii.  v.  Idem  ac  Magni  Dii,  Ju- 
piter, Juno,  Minerva,  Serv.  ad  Virg.  Mn.  ii.  29&)  were  worahipped 
in  the  innermost  part  of  the  hoase,  which  was  called  Penetralia; 
also  Impluvium  or  Compluvium,  Cic.  et  Suet.  Aug.  92.  .There  were 
likewise  Publici'  Penates,  worshipped  in  the  Capitol,  Liv.  iii.  17, 
under  whose  protection  the  city  and  temples  were.  These  ^neas 
brought  with  him  from  Troy,  Firg.  Mn.  ii.  293.  717.  iii.  148.  ir. 
598.     Hence  Patrii  Penates,  familiaresaue,  Cic.  pro  Dom.  57. 

Some  have  thought  the  Lares  and  Penates  the  same ;  and  they 
seem  sometimes  to  be  confounded,  Cic.  P.  Qumct.  26  &  27.  Verr^ 
iT.  22.  They  were,  however,  different,  Liv.  i.  29.  The  Penates 
were  of  divine  origin ;  the  Lares  of  human.  Certain  persons  were 
admitted  to  the  worship  of  the  Lares,  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  pnblic  roads,  in  the  camp,  and  om 
sea. 

Lar  is  often  put  for  a  house  or  dwelling :  ^pto  cum  tare  fundus^ 
Horat.  Od.  i.  12.  44  Ovid.  Fast.  vi.  95  &  362.  So  Penates  f  thus, 
Jfosiris  succede  Penatibtts  hospes,  Virg.  ^n.  viii.  123.  Plin.  Pan.  47^ 
OviU  Fast.  vi.  529. 

DII  MINORUM  GENTIUM,  or  INFERIOR  DEITTES. 

Tb£sb  were  of  various  kinds: 

1.  Dii  INDIGETBS,  or  heroes  ranked  among  the  gods  on  ac^ 
count  of  their  virtues  and  merits :  of  whom  the  chief  were^ — 

HERCULES,  the  son  of  Jupiter,  and  Alcmena,  wife  of  Amphi- 
tryon, king  of  Thebes ;  famous  for  his  twelve  labours  and  other 
exploit? ;  squeezing  two  serpents  to  death  in  his  cradle,  killing  the 
lion  in  the  Nemaeian  wood,  the  hydra  of  the  lake  Lema,  the  boar  oi 
Erymanthus,  the  brazen-footed  stag  on  mount  Men&ius,  the  harpie0 
in  the  lake  Stymphalus,  Diomedes,  and  his  horses,  who  were  fed  on 
human  flesh,  the  wild  bull  in  the  island  Crete,  cleansing  the  stabler 
of  Augeas,  subduing  the  Amazons  and  Centaurs,  draffgin^  the  d€g 
Cerberus  from  hell,  carrying  off  the  oxen  of  the  three-bodied  Gery- 
on  from  Spain,  fixing  pillars  in  the  /return  Qaditanum,  or  Streights 
of  Gibraltar,  bringing  away  the  goldea  apples  of  the  Hesperides,  and 
killinff  the  dragon  which  guarded  them,  slaying  the  giant  Antseua, 
and  the  monstrous  thief  Cacus,  &c. 

Hercules  was  called  Alcides,  from  Alccnis  the  father  of  Amphitryon  ; 
and  Tirynthius  from  Tiryns,  the  town  where  he  was  bom ;  Oetcsus^ 
from  mount  Oete,  where  he  died.  Being  consumed  by  a  poisoned 
robe,  sent  him  by  his  wife  Dejanira  in  a  fit  of  jeabusy,  which  he 
could  not  pull  off,  he  laid  himself  on  a  funeral  pile,  and  ordered  it 
to  be  set  on  fire. 

Hercules  is  represented  as  possessed  of  prodigious  strength^  hold- 


RELIGION  OF  THE  ROMANS.  243 

ing  a  dab  in  hb  right  hand,  and  clothed  in  the  sidn  of  the  Nemaean 
lion. 

Men  used  to  Bwear  by  Hercules  in  their  asseverations ;  Hercle^ 
Mehercle,  vel  -e«,  so  under  the  title  of  DIUS  FIDIU8,  i.  e.  Dtui 
Jideif  the  god  of  faith  or  honour ;  thus,  per  Drum  Fidium^  Plant  tne 
JXusJidiua^  Bcjuvety  Sallust.  Cat.  35. 

flercuies  was  supposed  to  preside  over  treasures ;  hence  Dioes 
amico  Heradtj  Horat.  Sat.  ii.  6.  12.  dextro  Htrcult^  by  the  favour  of 
Hercules,  Per$.  ii.  1 1.  Hence  those  who  obtained  great  riches  con- 
secrated (pollucebani)  the  tenth  part  to  Hercules,  Cic.  KaL  D.  iii. 
36.  PlauL  Siich.  i.  3.  80.  Bacch,  iv.  4. 15.  Plutarch,  in  Crasso^  tmV. 

CASTOR  and  POLLUX,  sons  of  Juoiter-and  Leda,  the  wife  of 
T\fndarus  king  of  Sparta,  brothers  of  Helena  and  Clytemnestra,  said 
.to  have  been  produced  from  two  eggs ;  from  one  of  which  came 
Pollux  and  Helena,  and  from  the  other,  Castor  and  Clytemnestra. 
But  Horace  makes  Castor  and  Pollux  to  spring  from  the  same  ew, 
Sat,  ii.  1.  26.    He  however  also  calls  them  Fratrbs  Helena,  On. 

i.  3.  2. the  gods  of  mariners,  because  their  constellation  was 

much  observed  at  sea: — called  ThndaridaSf  Gemini^  ^c.  Castor 
was  remarkable  for  riding,  and  Pollux  for  boxing;  HoraL  Od. 
i.  12.  26.  represented  as  nding  on  white  horses,  with  a  star  over 
the  head  of  each,  and  covered  with  a  cap ;  hence  called  Fratrxs 
PiLBATi,  Ftituif  Catull.  35.  There  was  a  temple  at  Rome,  dedicat- 
ed to  both  jointly,  but  called  only  the  temple  of  Castor,  Dio.  xxxvii. 
8.  Suet.  Cms.  10. 

iEneas,  called  Jupiter  indiges;  and  Romulus^  QUIRINUS,  after 
being  ranked  among  the  gods,  either  from  Quires  a  spear,  or  CwreSf 
a  city  of  the  Sabines,  Ovid.  Fast,  ii.  475. — 480. 

The  Roman  emperors  also  after  their  \leath  were  ranked  among 
the  gods. 

$2.  There  were  certain  gods,  called  SEMONES,  (quasi  semiho- 
mines,  minores  diis  et  majores  hominiims^)  liv.  viii.  20.  as, 

PAN,  the  god  of  shepherds,  the  inventor  of  the  flute,  said  to  be 
the  son  of  Mercury  and  Penelope^  Cic.  worshipped  chiefly  in  Arca^ 
dia  ;  hence  called  Arcadius  and  Jilksnalius^  vel  -ides^  et  Lucius^  from 
t^o  mountains  there ;  Tegemus^  from  a  city,  &c.  called  by  the  Ro- 
mans Inuus  ; — ^represented  with  horns  and  goats'  feet. 

Pan  wad  supposed  to  be  the  author  of  sudden  frights  or  causeless 
alarms ;  fjrom  him  called  Panici  terrores^  Dioqys.  v.  16. 

FAUNU8  and  8 YLVANU8,  supposed  to  be  the  same  with  Pan. 
The  wife  or  daughter  of  Faunus  was  Fa\ma  or  Fatua^  called  also 
Mmca  and  B jna  Dba,  Macrob.  Sat.  i.  12. 

There  were  several  rural  deities  called  FAUNI,  who  were  be- 
lieved to  occasion  the  night-mare,  (ludibria  noctis  vel  spialten  m« 
mittere^)  Plin.  xxv.  3. 

YERTUMNUS,  who  presided  over  the  change  of  seasons  and 
merchandize ;— supposed  to  transform  himself  into  different  shapes. 
Propert.  iv.  2.  Hence  Fertwnms  nalus  iniquis^  an  inconstant  man, 
BorcU.  Sat.  u.  T.  14. 


344  ROMAN  ANTIQUITIES. 

POMONA,  the  goddess  of  gardens  and  frahs ;  tfie  wife  of  Yer- 
tumnus,  Ovid.  Met,  xiv.  623.  &c. 

FLOllA,  the  goddess  of  flowers ;  called  Claris  by  the  Greeks, 
LactanU  i.  20.  6.  Ovid.  Fasl  v.  195. 

TERMINUS,  the  god  of  boundaries ;  whose  temple  was  always 
open  at  the  top,  Ftstus.  (Se  supra  ne  quid  nisi  sidera  cernalj  Ovid. 
Fast.  ii.  671.)  And  when,  before  the  building  of  the  capitol,  all 
the  temples  of  the  other  gods  were  unhallowed,  (exauguraretUur^) 
it  alone  could  not,  Ldv.  i.  55.  ▼.  54.  Jovi  ipsi  asoi  noluit  com- 
CEDCRE,  Gell.  xiL  6.  which  was  reckoned  an  omen  of  the  perpetuity 
of  the  empire,  Liv.  ibid. 

PALES,  a  god  oMgoddess  who  presided  over  flocks  and  herds  ; 
usually  feminine.     Pasioria  Pai<bs,  Flor.  i.  20. 

HYMEN  vel  HYMENiEUS,  the  god  of  marriage. 
LAVERNA,the  goddess  of  thieves,  HoraL  Ep.i.  16.  60. 
YACUNA,  who  presided  over  vacation^  or  respite  from  business, 
Ovid.  Font.  vi.  307. 
•  AVERRUNCUS,  the  god  who  averted  mischiefs,  {mala  averun- 

cabal,)  Varr.  vi.  5. ^There  were  several  of  these. 

FASCINUS,  who  prevented  fascination  or  enchieintment. 
ROBIGUS,  the  god,  and  Rubioo,  the  goddess  who  preserved 
corn  from  blight,  (a  rubigine^)  Gell.  v.  13. 

MEPHITIS,  the  goddess  of  bad  smells,  Serv.  in  Vtrg.  Mn.  vii. 
84.    CLOACINA,  of  the  cloaca^  or  common  sewers. 

Under  the  Semonts  were  comprehended  the  NYMPHS,  (nympha,) 
female  deities,  who  presided  over  all  parts  of  the  earth  ;  over  moun- 
tains, Oreddes  ;  woods,  Dryades^  Hamadnfodes,  J^apa  ;  rivers  and 
fountains,  Jiaides  vel  Kaiaides  ;  the  sea,  J^ereides,  Oceanitides,  &c. 
■Each  river  was  supposed  to  have  a  particular  deity,  who  pre- 
sided over  it ;  as  Tiberinm  over  the  Tiber,  FtVg.  JEn.  viii.  31.  and 
77.   Eridanus  over  the  Po  ;  taurino  vultu^  with  the  countenance  of 
a  bull,  and  horns ;  as  all  rivers  were  represented,  {quod  fiumina  sunt 
atrociaf  ut  iauri  ;*  Festus ;  vel  printer  impetus  et  mugitus  aqtuirum. 
Vet.  Schol.  in  Horat.  Od.  iv.  14.  25.  Sic  taurifomiis  volvtlur  Avfi- 
dus.)  Yirg.  G.  iv.  371.   Ovid.  Met.  iv.  pr.  .Elian,  ii.  33.     Claudian. 
Cons.  Prob.  214.  &c.    The  sources  of  rivers  were  particularly  sa- 
cred to  some  divinity,  and  cultivated  with  reli^ous  ceremonies, 
Senec.  Ep.  41.     Temples  were  erected  ;  as  to  Clitumnis,  Plin.  Ep. 
viii.  8.  to  Ilissus,  Pausan.  L  19.  small  pieces  of  racMiey  were  thrown 
into  them,  to  render  the  presiding  deities  propitious ;  and  no  per- 
son was  allowed  to  swim  near  the  head  of  the  spring,  because  the 
touch  of  a  naked  body  was  supposed  to  pollute  the  consecrated  wa- 
ters, Md.  <$r  Tacit.  Annal.  xiv.  22.     Thus  no  boat  was  allowed  to 
be  on  the  l&cus  Vadimonis,  Plin.  Ep.  viii.  20.  in  which  were  several 
floating  islands,  ibid,  ir  Plin.  ii.  95.  s.  96.     Sacrifices  were  also  of- 
fered to  fountains ;  as  by  Horace  to  that  of  Blandusia,  Od.  iii.  13, 
whence  the  rivulet  Digentia  probably  flowed,  Ep.  i.  18.  104. 

*  Qma  fomtem  laun  tdtbant,  they  roared  like  bQlledu. 


MINISTERS  OF  RELIGION.  345 

Under  the  Skmones  were  also  included  the  judges  in  the  inferaal 
regions,  MINOS,  JEdcm^  and  Rhadamanthut ;  CHARON,  the  fer- 
ryman of  hell,  (PoRTiToR,  yirg.  JEn.  vi.  298.  Portiiemcus,  -eoj, 
Juvenal,  iii.  266.)  who  conducted  the  souls  of  the  dead  in  a  boat 
over  the  rivers  Styx  and  Acktron^  and  extracted  from  each  his  por- 
Uriutn  or  freight,  (naulum^  which  he  gave  an  account  of  to  Pnitd ; 
hence  called  Portitor  :  the  dog  CERBERUS,  a  three-headed 
monster,  who  guarded  the  entrance  of  hell. 

The  Romans  also  worshipped  the  virtues  and  affections  of  the 
mind,  and  the  like ;  as,  PtVfy,  Faith^  Hope^  Concord,  Forttine,  Fame^ 
&C.  Cic.  Ab/.  D.  ii.  23.  even  vices  and  diseases,  Id.  Itgg.  ii.  11. 
Nat.  D.  iii.  25.  JuvenaL  L  1 15.  and  under  the  emperors  likewise 
foreign  deities,   as,  his,  Osiris,  ^nUbis,  of  the  Egyptians :  Lucan. 

viii.  ^I. also  the  winds  and  the  tempests ;  Eurus,  the  east  wind ; 

Axisttr  or  Noius,  the  south  wind  ;  Zephyrus,  the  west  wind  ;  Boreas, 
the  north  wind;  ^/ricM«,  the  south- west:  Corus,  the  north-west; 
and  if^OLUS,  the  god  of  winds,  who  was  supposed  to  reside  in  the 
Lipari  islands,  hence  called  InsultB  jEofa  ;  AUK^,  the  air  nymphs 
or  sylphs,  &c. 

The  Romans  worshipped  certain  gods,  that  they  might  do  them 
good,  and  others,  that  they  might  not  hurt  them  ;  as,  Averruncus 
and  Robigus.  There  was  both  a  good  Jupiter,  and  a  bad  ;  the  for- 
mer was  called  Duovis,  (a  juvando,)  or  Diespiter,  and  the  latter, 
Vejovis,  or  Vkdius,  GelL  v.  12.  But  Ovid  makes  Vejovis  the 
same  with  Jupiter  parvis,  or  nan  magnus.  Fast.  iii.  445.  dsc  , 

II.  MimSTRI  SACRORUM,  the  MIMSTERS  of  SACRED 

THINGS. 

Thb  ministers  of  religion,  among  the  Romans,  did  not  form  a 
distinct  order  from  the  other  citizens.  (See  p.  94.)  They  were 
usually  chosen  from  the  most  honourable  men  in  the  state. 

Some  of  them  were  common  to  all  the  gods,  {omnium  deortim  sa- 
eerdotes  ;  others  appropriated  to  a  particular  deity,  {uni  aliqiH  nu- 
witm  addicti.)    Of  the  former  kind  were, — 

I.  The  PONTIFICES,  (a  posse  facere,  quia  illis  jus  erat  sacra 
faciendi ;  vel  potius  a  ponte  faciendo,  uain  ab  iis  sublicius  est  facius 
primUm,  et  restitutus  sape  cum  ideo  sacra  ei  uLs  et  cis  Tiberim  Jiant, 
Varr.  L.  L.  iv.  15.  Dionys,  n.  73.  iii.  45.)  were  first  instituted  by 
Numa,  Lir.  tv.  4.  Dionys.  ii.  73.  chosen  from  among  the  patricians ; 
four  in  number,  till  the  year  of  the  city  454,  when  four  more  were 
created  from  the  plebeians,  lAv.  x.  6.  Some  think  that  originally 
there  was  only  one  Pontiftx ;  as  no  more  are  mentioned  in  Livy, 
i.  20.  ii.  2.  Sylla  increased  their  number  to  15,  IJv.  Ep.  89.  They 
were  divided  into  Majorbs  and  Minores,  Cic.  Harusp.  R.  6.  Idv. 
xxii.  57.  Some  suppose  the  7  added  by  Sylla  and  their  successors 
to  have  been  called  minores ;  and  the  8  old  ones,  and  such  as  were 
chosen  in  their  room,  Majoribs.     Others  think  ^he  majoreB  were 


246  ROMAN  ANTIQIHTIES. 

patricians,  and  the  minores  plebeiui&  Whatever  be  in  tfaia^  the 
cause  of  the  distinction  certainly  existed  before  the  time  of  Sylla, 
lAv,  ib^  The  whole  number  of  the  Pontifices  was  called  COLLE- 
GIUM, Cic.  Dom.  12. 

The  Pontifices  judged  in  all  cases  relating  to  sacred  things ;  aoid, 
in  cases  where  there  was  no  written  law,  they  prescribed  wbat  re* 
gulations  they  thought  proper.     Such  as  neglected  their  mandates, 
the^  could  fine  according  to  the  magnitude  of  the  offence.     Dio- 
nysius  says,  that  they  were  not  subject  to  the  power  of  any  one,  nor 
bound  to  give  account  of  their  conduct  even  to  the  senate,  or  peo- 
ple, ii.  73.     But  this  must  be  understood  with  some  limitations ;  for 
we  learn  from  Cicero,  that  the  tribunes  of  the  commons  might 
oblige  them,  even  against  their  will,  to  perform  certain  parts  of  their 
office,  Dam,  45.  and  an  appeal  could  be  made  from  their  decree, 
as  from  all  others,  to  the  people,  Ascon.  in  Cic.  Mil.  12.     It  is  cer- 
tain, however,  that  their  authority  was  very  great,  Cic.  Dom.  1.  5L 
Harusp.  R.  10.     It  particularly  belonged  to  them  to  see  that  the 
inferior  priests  did  their  duty,  Dionus.  ibid.     From  the  diflerent 
parts  of  their  oflice,  the  Greeks  called  them  U^o^iJoifxaXoi,  Ugmimf 
U§o(p\}kaxHy  Itfo^avraj,  Sacrorum  doctores^  administratores^  cusiodes  et 
inttrpreieSf  ibid. 

From  the  time  of  Numa,  the  vacant  places  in  the  number  of  Pan* 
Hfices  were  supplied  by  the  college,  Dionys.  ii.  73.  till  the  year  €50; 
when  Domitius,  a  tribune,  transferred  that  right  to  the  people,  Sue/. 
JV«r.  2.  Cic.  RulL  ii.  7.  Veil.  ii.  12.  Sylla  abrogated  this  law, 
Ascon.  in  Cic.  Ccscil.  3.  but  it  was  restored  by  Labienus,  a  tribune, 
through  the  influence  of  Julius  Csesar,  Dto.  xxxvii.  37.  Antony 
again  transferred  the  right  of  election  from  the  pepple  to  the  priests, 
Lfio.  xliv.  Jin.  thus  Lepidus  was  chosen  Pontifex  M.  irregularly, 
ibid,  furto  creatus^  Veil.  ii.  61.  In  confusione  rertan  au:  tumuliu^ 
poniijicatum  maximum  intercepit,  Liv.  Epit  117.  Paosa  once  inore 
restored  the  right  of  election  to  the  people,  Cic.  Ep.  ad  BnU.  5. 
After  the  battle  of  Actium,  permission  was  granted  to  Auffustas,  to 
add  to  all  the  fraternities  of  priests,  as  many  above  the  usual  number 
as  he  thought  proper;  which  power  the  succeeding  emperors  exer> 
cised,  so  that  nie  number  of  priests  was  thenceforth  very  uncertaiii, 
Dio.  Ii.  20.  liii.  17. 

The  chief  of  the  Pontifices  was  called  PONTIFEX  MAXIMU8, 
(qubd  maximus  rerum^  qncs  ad  sacra,  et  religiones  pertinent^  judex 
sitf  Festus :  Judex  atque  arbiter  rerum  divinarum  aique  humanarum^ 
Id.  in  Ordo  Sacerdotcjm  ;)  which  name  is  first  mentioned  by  Livy, 
iii.  54.  He  was  created  by  the  people,  while  the  other  pontifices 
were  chosen  by  the  college,  Liv.  xxv.  5.  commonly  from  among 
those  who  had  borne  the  Arst  offices  in  the  state,  ibid.  The  first 
plebeian  Pontifex  M.  was  T.  Coruncanius,  lA'fy.  Ep.  xviii. 

This  was  an  office  of  great  dignity  and  power.  The  Pontifex  JK 
was  supreme  judge  and  arbiter  in  all  religious  matters,  Liv.  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. 


MINISTERS  OF  RELIGION.  247 

iL  2.  He  covid  hinder  any  of  them  from  leaving  the  Git^»  although 
tovested  with  consular  authority,  Liv.  Ep.  six.  /•  xxxvii.  5.  Tacii* 
AnnaL  iii.  58. 51.  and  fine  such  as  transgressed  his  orders,  even  al- 
though they  were  magistrates,  JUv.  ibid.  xl.  2.  42.  Cic.  PhU.  zi.  8. 
How  much  the  ancient  Romans  respected  religion  and  its  minis- 
ten,  we  may  judge  from  this*;  that  they  imposed  a  fine  on  Tremel- 
lius,  a  tribune  of  the  commons,  for  having,  in  a  dispute,  used  injuri- 
ous language  toLepidus,  the  Pontiftx  M.  {Sacrorumque  qttam  fnagi$» 
trtUtatm  Jus  potentius  fuit)^  Liv.  Ep.  xlvii.  But  the  PorUifices  ap- 
pear, at  least  in  the  time  of  Cicero,  to  have  been,  in  some  respectSt 
subject  to  the  tribunes,  Cic,  Bom.  45. 

It  was  particularly  incumbent  on  the  Poniifex  M.  to  take  care  of 
the  sacred  rites  of  Vesta,  Ovid,  Fast.  iii.  417.  Gell.  i.  12.  Senec, 
CotUr,  u  3.  If  any  of  the  priestesses  neglected  their  duty,  he  repri- 
DMiided,  Lh.  iv.  44.  or  punished  them,  xxviii.  11.  sometimes,  by  a 
sentence  of  the  college,  capitally,  Cic.  Har.  rtsp.  7.  legg.  IL  9.  Lav. 
viii.  15.  xzii.  57. 

The  presence  of  the. Poniifex  M  was  requisite  in  public  and  so- 
lemn religious  acts ;  as  when  magistrates  vowedgames  or  the  like,  Liv. 
iv.  27.  xzzi.  9.  zxxvi.  2.  made  a  prayer,  Sim/.  6l.  22.  or  dedicated  a 
temple,  lAv.  ix.  46.  also  when  a  general  devoted  himself  for  his  ar- 
ray, lAv.  viii.  9.  X.  7.  28.  to  repeat  over  before  them,  the  form  of 
words  proper  to  be  used,  {iis  verba  proeire^  v.  carmen  prafarij)  ibid. 
6c  V.  41.  which  Seneca  calls  Pontificale  carmbn,  Consol.  ad  Marc. 
13.     It  was  of  importance  that  he  pronounced  the  words  without 
hesitation,   Vaier.  Max.  viii.  13.  2.    He  attended  at  the  Comitia ; 
especially  when  priests  were  created,  that  he  might  inaugurate  them, 
Ldv.  xxvii.  8.  xl.  42.  likewise  when  adoptions  or  testaments  were 
made.  Tacit.  Hist.  i.  15.  Gell.  v.  19.  xv.  27.  Cic.  Dom.  13.  Plin.  . 
Pan.  37.     At  these  the  other  ponlifices  also  attended :  hence  the 
eonwtia  were  said  to  be  held,  or  what  was  decreed  in  them  to  be 
done,  apvd  pontificesj  vel  pro  collegia  pontificum^  in  presence  of,  ibid* 
Solennia  pro  pontifice  suscipere^  to  perform  the  due  sacred  rites  in 
the  presence,  or  according  to  the  direction  of  the  Pontifex  Maximus^ 
Liv.  ii.  27.    Any  thing  done  in  this  manner  was  also  said  Pontijicio 
jure  fieri^  Cic.  Dom.  14.     And  when  the  Pontifex  M.  pronounced 
any  decree  of  the  college  in  their  presence,  he  was  said  pro  colle- 
oio  REsroNDBRE,  Cic,  pro  Dom,  53.    The  decision  of  the  college 
viFas  sometimes  contrary  to  his  own  opinion.   He  however  was  bound 
to  obey  it,  lAv.  xxxi.  9.     What  only  three />on^t/fce^  determined  was 
held  valid,  Id.  resp.  Har.  6.     But  in  certain  cases,  as  in  dedicating 
a  temple,  the  approbation  of  the  senate,  or  of  a  maiority  of  the  tri- 
bunes of  the  commons,  was  requisite,  Liv.  ix.  4o.     The  people, 
whose  power  was  supreme  in  every  thing,  {cujus  est  summa  potestas 
omnium  rerum^  Cic.  ibid.)  might  confer  the  dedication  of  a  temple 
on  whatever  person  they  pleased,  and  force  the  Pontifex  M.  to  of« 
ficiate,evQn  against  his  will ;  as  they  did  in  the  case  of  Flavins,  Liv. 
ibid.     In  some  cases  the  Flamines  and  Rex  Sacrorum  seem  to  have 


34S  ROMAN  ANTIQUITIES. 

judged  together  with  the  Pontifices,  Cic.  Dom.  49.  and  even  to  have 
heeo  reckoned  of  the  same  college,  ibid.  52. 

It  was  particularly  the  province  of  the  pontificts  to  judge  concern- 
ing marriages,  TaciU  AnnaL  i.  10.  Dio.  xlvli.  44. 

The  Ponltfkx  Maximus  and  his  college  had  the  care  of  regulating 
the  year  and  the  public  calendar,  Suet.  Jul.  40.  Aug.  31.  Macrob^ 
Sat,  I  14.  called  FASTI  KALENDARES ;  because  the  days  of 
each  month,  from  kalends  to  kalends,  or  from  beginning  to  end,  were 
marked  in  them  through  the  whole  year,  what  days  were  fasti^  and 
what  rufastij  fyc.  Festus ;  the  knowledge  of  which  was  confined  to 
the  pontifices  and  patricians,  Liv.  iv.  3.  till  C.  Flavius  divulged 
them,  (Ja$toa  circa  forum  in  albo  proposuit,)  Liv.  ix.  46.  (See  p.  050.) 
In  the  FsLsti  of  each  year  were  also  marked  the  names  of  the  magi»- 
trates,  particularly  oif  the  consuls,  Liv,  ix.  18.  Faltr.  Max.  vi.  2. 
Ctc.  Sexl.  14.  AtU  iv.  8.  Pis,  13.  Thus,  enumeratio  faslorum^  qua- 
si annorufn,  Cic»  Fam.  v.  12.  Tusc.  i  28.  Fasti  memorta^  perma- 
nent records,  Horat.  Od.  iii.  17.  4.  iv.  14.  4.  picti^  variegated  with 
different  colours,  Ovid.  Fast,  i,  11.  signantes  tempora.  Id.  657. 
Hence  a  list  of  the  consuls  engraved  on  marble,  in  the  time  of  Con- 
stantius,  the  son  of  Constantine,  as  it  is  thought,  and  found  accident- 
ally by  some  persons  digging  in  the  Forum,  A.  D.  1545,  are  called 
Fasti  Coksularbs,  or  the  Capitoline  marbles^  because  beautified, 
and  placed  in  the  capitol,  by  Cardinal  Alexander  Famese, 

In  latter  times  it  became  customary  to  add  on  particular  days,  af- 
ter the  name  of  the  festival,  some  remarkable  occurrence :  Thus,  on 
the  Lupercalia,  it  was  marked  {adscriplum  est)  that  Antony  bad  o& 
fered  the  crown  to  Csesar,  Cic.  Phil.  ii.  34. — To  have  one's  name 
thus  marked  (ascriptum)  in  the  Fasti^  was  reckoned  the  highest  ho- 
nour, Cic.  Ep.  ad  Brut.  15.  Ovid.  Fast.  i.  9.  Tacit.  Annal.  i.  15. 
(whence,  probably,  the  origin  of  canonization  in  the  church  of 
Rome  ;)  as  it  was  the  greatest  disgrace  to  have  one's  name  erased 
from  the  Fasti.  Cic.  Sext.  14.  Pis.  13.  Verr.  ii.  53.  iv.Jin.  Tacit, 
Annal.  iii.  17. 

The  books  of  Ovid,  which  describe  the  causes  of  the  Roman  fes- 
tivals for  the  whole  year,  are  called  FASTI,  Ovid.  Fast.  i.  7.  (Fas- 
TOBUM  libri  appellantury  in  quibus  totius  anni  fit  description  Festus, 
quia  de  consulibus  et  regibus  editi  suntj  Isid.  vi.  8.)  The  sL\  first  of 
them  only  are  extant. 

In  ancient  times  the  Pontifex  M.  used  to  draw  up  a  short  account 
of  the  public  transactions  of  every  yeiar,  in  a  book,  {in  albwn  fffc^ 
rebat,  vel  potius  refer ebat^)  and  to  expose  this  register  in  an  open 
place  at  his  house,  where  the  people  might  come  and  read  it ;  {pro- 
ponebat  tabiJam  dorni,  poiestas  ut  esset  populo  cognoscendi  ;)  which 
continued  to  be  done  to  the  time  of  Mucins  ScsBvola,  who  was  slain 
in  the  massacre  of  Marius  and  Cinna.  These  records  were  called 
in  the  time  of  Cicero,  ANNALES  maximi,  Cic.  Orat.  ii.  12.  C^ll. 
iv.  5.  as  having  been  composed  by  the  Pontifex  Maximus. 

The  annals  composed  by  the  Pontifices  before  Rome  was  taken 
by  the  Gauls,  called  also  Commentarii,  perished  most  of  them  with 


MINISTERS  OF  RELIGION.  340 

the  citVy  Liv.  vu  1.  After  the  time  of  Sylla,  the  Ponlificu  seem  to 
have  ciropt  the  custom  of  compiliog  aanais ;  but  several  private  per« 
sons  composed  historical  accounts  of  the  Roman  affairs ;  which,  from 
their  resemblance  to  the  pontifical  records  in  the  simplicity  of  their 
narration,  they  likewise  styled  Annales  ;  as  Cato,  Pictor,  and  Piso, 
Cic,  ibid.  Iav,  i.  44.  55.  ii.  40.  x.  9.  37.  &c.  Dionys,  iv.  7.  15,  GelL 
i.  19.  Hoi'tensius,  f^dl.  ii.  16.     So  also  Tacitus. 

The  memoirs  (iflro/xvitfAara,)  which  a  person  wrote  concerning  his 
own  actions,  were  properly  called  CGiMMENTAHII,  Cic.  Fam.  v. 
12.  Sy//.  16.  Verr.  v.  21.  Suet.  Aug.  74.  Tib.  61.  as  Julius  Caesar 
modestly  called  the  books  he  wrote  concerning  his  wars,  Cic.  BruL 
75.  Sutt.  C<Bs.  56.  and  Gcllius  calls  Xenophon's  book  concerning 
the  words  and  actions  of  Socrates,  (a^afjuviipbovsufiara.  Memorabilia 
SocratiSf)  xiv.  3.  But  this  name  was  applied  to  any  thing  which  a 
person  wrote,  or  ordered  to  be  written,  as  a  memorandum  for  him- 
self or  others,  (jquce  commeminisse  opus  tsaetj  notes  to  help  the  me- 
mory ;)  as  the  heads  of  a  discourse  which  one  was  to  deliver ;  Cic* 
Brut.  44.  Quinctilian,  iv.  1.  69.  x.  7.  30 ;  notes  taken  from  the  dis- 
course or  book  of  another;  Id.  ii.  IL  7.  iii.  8.  67.  or  any  boot 
whatever,  in  which  short  notes  or  memorandums  were  set  down : 
Thus  Commentarii  regis  Numa^  I^iv.  i.  31  &  32.  Sercii  TuUii,  ib. 
60.  Eumenis^  xl.  11.  6.  regum^  Cic.  Rabir.  perd.  5.  Ca^am,  Cic 
Att.  xiv.  14.  Trajani,  Plin,  Ep.  x.  106.  Hence,  a  commeniariiSf  a 
clerk  or  secretary,  Gruier.  p.  89.  CsdHus,  in  writing  to  Cicero, 
calls  the  acta  publico,  or  public  registers  of  the  city,  Comm£NTA- 
Rius  RBRUM  URBANARUM,  CiV.  Fam.  iii.  11. 

In  certain  cases  the  Poniifex  M.  and  his  coUese  had  the  power 
of  life  and  death,  Cic.  Har.  resp.  7.  hgg.  ii.  9  ;  but  their  sentence 
might  be  reserved  by  the  people,  Ascon.  in  Cic.  pro  J^iL  12.  Livm 
xxxyii.  51.  xl.  42. 

The  Poniifex  M.  although  possessed  of  so  ^reat  a  power,  is  called 
by  Cicero,  frivatus,  Cat.  i.  3.  as  not  hems  a  magistrate.  But 
some  think  that  the  title  Poniifex  Maximus  is  here  applied  to  Scipio 
by  anticipation ;  he  not  having  then  obtained  that  office,  accordmg 
to  Paterculus,  ii.  3.  contrary  to  the  account  of  Appion,  B.  Civ.  i.  p. 
359.  and  Cicero  himselfelsewhere  calls  him  simply  a  private  person, 
0/f.  i.  22.     Livy  expressly  opposes  Pontifices  to  orivatus^  v.  52. 

The  Pontijices  wore  a  robe  bordered  with  purple,  [toga  pratexla;^ 
Liv.  xxxiii.  28*  Lamprid.  Alex.  Sev.  40.  and  a  woollen  cap,  (GaU'^ 
rus,  Pileus  vel  Tu/ii/M^,  Festus  &  Varr.  vi.  3.)  in  the  form  of  a  cone, 
with  a  smair  rod  {virgula)  wrapt  round  with  wool,  and  a  tufl  or 
tassel  on  the  top  of  it ;  called  apex*  •^'e''^» »«  ^i^g-  •^'*-  »•  683.  viii. 
664.  X.  270.  oflcn  put  for  the  whole  cap,  Liv.  vi.  41.  Cic.  legg.  i. 
1.  thus,  irato  t^imere  regum  apices,  to  fear  the  tiara  nodding  on  the 
head  of  an  enraged  Persian  monarch,  Horat.  Od.  iii.  21.  19.  or  for 
a  woollen  bandage  tied  round  the  head,  which  the  priests  used  in- 
stead of  a  cap,  for  the  sake  of  coolness,  Serv.  ibid.  Sulpicius  Galba 
was  deprived  of  his  office  on  account  of  his  cap  having  fallen  (apex 
prolapsus)  from  his  head  in  the  time  of  a  sacrifice,  Faler.  Max.  i.  1. 

32 


250  ROMAN  ANTIQUITIES. 

4.  Hence  apex  is  put  for  the  top  of  any  thing ;  as  monluapex^  S3. 
xii.  709.  or  for  the  highest  honour  or  ornament ;  as,  apex  seruciulis 
est  auctoriiaSf  Cic.  Sen.  17. 

In  ancient  times  the  Pantifex  M,  was  not  permitted  to  leave  Italy, 
Liv.  xxviii.  38.  44.  Dio.  Fragm.  62.  The  first  Poniifex  M  freed 
firom  that  restriction  was  P.  Licinius  Crassus,  A,  U.  618.  lAv.  EpiL 
59.  so  afterwards  Caesar,  Suet.  22. 

The  office  of  Pontifex  M.  was  for  life,  Dio.  fxix.  15.  on  which 
account  Augustus  never  assumed  that  dignity  ,while  Lepidus  was 
alive,  Suet.  Aug.  31.  which  Tiberius,  Dio.  Jvi.  30.  and  Seneca,  A 
clem.  i.  10.  impute  to  his  clemency ;  but  with  what  justice,  we  may 
learn  from  the  manner  in  which  Augustus  behaved  toj^epidos  in 
other  respects.  For  after  depriving  him  of  his  share  in  the  trium- 
virate, A.  IJ.  718.  J9io.  xiix.  12.  and  confining  him  for  a  long  time 
to  Circeji  under  custody.  Suet.  16.  Dio.  ibid,  he  forced  him  to  come 
to  Rome  against  his  will,  A.  U.  736.  and  treated  him  with  great 
indignity,  Dio.  liv.  15. — After  the  death  of  Lepidus,  A.  U.  741. 
Augustus  assumed  the  office  of  Pontifex  Maximus,  ibid.  27.  Ovid, 
Fast.  iii.  420.  which  was  ever  after  held  by  his  successors,  and  the 
titl^  even  by  Christian  emperors  to  the  time  of  Gratian,  Zosim.  iv. 
36.  dr  rather  of  Theodosius ;  for  on  one  of  the  coins  of  Gratian,  this 
title  is  annexed.  When  there  were  two  or  more  emperors,  Dio 
informs  us,  that  one  of  them  only  was  Pontifex  M.  liii.  17.  but  this 
rule  was  soon  after  violated,  Capitolin.  in  Balhin.  8.  The  Hierar- 
chy of  the  church  of  Rome  is  thought  to  have  been  established  part- 
ly on  the  model  of  the  Pontifex  JiLand  the  college  of  Pontifices. 

The  Pontifex  M.  always  resided  in  a  public  house,  {habitavit^  sc 
in  sacra  vta,  domo  publica^  Suet.  Cses.  46.)  called  Regia,  Plin.  Ep. 
iv.  11.  6.  {qubd  m  ea  sacra  a  rege  sacrificulo  erant  solita  usurpari, 
Festus ;  vel  qudd  in  ea  rex  sacrificulus  habitare  consuisset^  Serv. 
in  Yirg.  JEn.  viii.  363.)  Thus  when  Augustus  became  Pontifex 
MaximuSf  he  made  public  a  part  of  his  house ;  and  gave  the  Reoia., 
(which  Dio  calls  the  house  of  the  Rex  sacrorum^)  to  the  Vestal  Vir- 
gins ;  to  whose  residence  it  was  contiguous,  Dio.  liv.  27.  whence 
some  suppose  it  to  be  the  same  with  the  Regia  NunuB^  the  pidace 
of  Numa,  Ovid.  Trist.  iii.  1.  30.  to  which  Horace  is  supposed  to  al- 
lude under  the  name  of  monumenta  regis^  Od.  i.  2.  13.  and  Augus- 
tus, Suet.  76. — said  afterwards  to  sustain  the  atrium  of  Vesta,  Ovid, 
Fast.  vi.  263.  called  atrium  reoium,  Liv.  xxvi.  27.  Others  suppose 
it  different.  It  appears  to  have  been  the  same  with  that  regia  men- 
tioned by  Festus  in  Equus  October  ;  in  which  was  the  sanctuaiy 
of  Mars,  Gell.  iv.  6.  Plutarch.  Q.  Rom.  96.  for  we  learn  from  Dio 
that  the  arms  of  Mars,  i.  e.  the  Andlia^  were  kept  at  the  house  of 
Csesar,  as  bein^  Pontifex  M.  xliv.  17.  Macrobius  says  that  a  ram 
used  to  be  sacrificed  in  it  to  Jupiter  every  Kendina  or  market-day, 
by  the  wife  of  the  Flamen  dialis,  (Flamui ica,)  Sat.  i.  16. 

A  Pontifex  M.  was  thought  to  be  polluted  by  touching  and  cvea 
by  seeing  a  dead  body ;  Senec.  consol.  ad  Marc.  15.  Dio.  Kv.  28.  35. 
Ivi.  31.  as  was  an  augur,  Tacit.  Annal.  i.  62.     So  the  high  Priest 


MINISTERS  OF  RELIGION.  251 

mnoi^  the  Jews,  Ltvii.  xxL  1 1.  Even  the  statue  of  Aasiirtus  was 
removed  from  its  place  that  it  might  not  be  violated  by  the  sight  of 
slaughter,  Dio.  Ix.  13.  But  Dio  seems  to  think  that  the  Pontiftx 
M,  was  violated  only  by  touching  a  dead  body,  liv.  28. 

II.  AU6URES,  anciently  called  Auspicc^s,  Plutarch.  Q.  Rom. 
73.  whose  oflke  it  was  to  Voretel  future  events,  chiefly  from  the 
flighty  chirping,  or  feeding  of  birds,  (ex  avium  gtstu  vel  garriiu  et 

?ecltonc,  Pestus,)  and  also  from  other  appearances,  Cic.  fbm.  vi. 
Haral.  Od.  iii.  27.  &c.  a  body  of  priests,  {amplisnmi  aar.erdotii 
coLLsoiuM,  Ctc.  Fam,  iii.  10.)  of  the  greatest  authority  in  the  Ro- 
man state,  Liv,  u  36.  because  nothing  of  importance  was  done  re- 
vpectiiig  the  public,  either  at  home  or  abroad,  in  peace  or  in  war, 
without  consulting  them,  {nisi  auspicald^  Liv.  L  36.  vi.  41.  sine 
auapiciiSf  Cic.  divm.  L  2.  nisi  augurio  acto^  Id  17.  IL  36.  Varr.  v. 
6.  vel  captOj  Suet  Aug.  95.)  and  anciently  in  affairs  of  great  con- 
sequence, they  were  equally  scrupulous  in  private,  Cic.  £v.  i.  16. 

AuouR  is  often  put  for  any  one  who  foretold  futurity,  Ctc.  divin. 
ti.  3.  4.  Fam.  vi.  6.  So  Augur  Apollo^  i.  e.  qii  augurio  pnust^  the 
good  augury,  Horai.  Od,  L  2.  32.  Virg.  j£n.  iv.  376.  Aospex  de- 
noted a  person  who  observed  and  interpreted  omens,  {auspicia  vel 
omina^)  Herat.  Od.  iiL  27.  8.  particularly  the  priest  who  officiated 
at  marriages,  JuvenaL  x.  336.  Cic.  CluenL  5.  PlauL  Cas,  prol.  86. 
Suet,  C/.  26.  Liv.  xlii.  12.  lu  later  times,  when  the  custom  of  con- 
sulting the  auspices  was  in  a  great  measure  dropt,  Cic.  JVa/.  D.  i.  15. 
ii.  3.  Zegg.  ii.  13.  those  employed  to  witness  the  signing  of  the 
marriage  contract,  and  to  see  tfiat  every  thins  was  rightly  perform- 
^,  were  called  Auspices  Nuptiarum,  Cic.  iMvin.  i.  46.  otherwise 
Proxtneta^  conciliatores^  ra^wfii^toi  pronubi.  Hence  ausptx  is  put 
for  a  favourer  or  director ;  thus  Auspex  legisy  Cic.  Att.  ii.  7.  Au- 
spices  coiptorem  operum^  favourers,  Virg.  ^n.  iii.  20.  Dm  Auspicia 
bus^  under  the  direction  or  conduct  of,  Id.  iv.  45.  So  auspice  mu- 
s&,  Horat.  Kp.  i.  3.  13.  Teucro.  Od.  i.  7.  27. 

AU6UR1UM  and  AUSPICIUM  are  commonly  used  promis- 
cuously,  Virg.  Mn.  i.  392.  Cic.  div.  i.  47.  but  they  are  sometimes 
distinguished.  Ampicium  was  properly  the  foretelling  of  future 
events,  from  the  inspection  of  birds  ;  augurium^  from  any  omens  or 
prodigies  whatever,  Xon.  v.  30.  So  Cic.  Nat.  D.  ii.  3.  out  each  of 
these  words  is  oflen  put  for  the  omen  itself,  Firg.  JEn.  iii.  89.  499.^ 
AuGURiUH'SALirris,  when  the  augurs  were  consulted  whether  it* 
was  lawful  to  ask  safety  from  the  gods,  Dio.  xxxvii.  24.  IL  2L 
Suet.  Aug.  31.  Tacit.  Annal.  xii.  23.  Civ.  div.  1.  47.  The  omens 
were  also  called  oslenta,  porienta^  monstra,  prodigxa^  {quia  osten- 
duntf  portendunt,  monstrant,  prcedicunt^)  Cic.  div.  i.  42. 

The  auspices  taken  before  passing  a  river,  were  called  Peremnia, 
Festus.  Cic.  Kat.  D.  ii.  37.  Div.  ii.  36.  from  the  beaks  of  birds,  as 
it  is  thought,  or  from  the  points  of  weapons,  ex  acuminibus,  a  kind 
of  auspices  peculiar  to  war,  ibid,  both  of  which  had  fallen  into  dis- 
use in  the  time  of  Cicero,  ibid. 

The  Romans  derived  their  knowledge  of  augury  chiefly  from  the 


352 


ROMAN  ANTIQUITIES. 


Tuscans;  and.anciently  their  youth  used  to  be  instructed  as  care- 
fully in  this  art,  as  afterwards  they  were  in  the  Greek  literature, 
IJiv.  ix.  36.  Cic,  legg.  ii.  9.  For  this  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,  Va- 
lerius Maximus  says  ten,  i.  I.  It  should  probably  be  in  both  au- 
thors, one  to  e^Lch. 

Before  the  city  of  Rome  was  founded,  Romulus  and  Remus  are 
said  to  have  agreed  to  determine  by  augury  {auguriis  legere)  who 
should  give  name  to  the  new  city,  and  who  should  govern  it  when 
built.  Komulus  chose  the  Palatine  hill,  and  Remus  the  Aventine, 
as  places  to  make  their  observations,  {templa  ad  inaugurandum.) 
Six  vultures  first  appeared  as  an  omen  or  augury  (augurium)  to  Re- 
mus ;  and  after  this  omen  was  announced  or  formally  declared,  {nun- 
data  augurioj)  or  as  Cicero  calls  it,  decantato,  Divin.  i,  47.  see  p. 
81  &  SS.  twelve  vultures  appeared  to  Romulus.  Whereupon  each 
was  saluted  king  hy  his  own  party.  The  partisans  of  Remus  claim- 
ed the  crown  to  him  from  his  having  seen  the  omen  first ;  those  of 
Romulus,  from  the  number  of  birds.  Through  the  keenness  of  the 
contest  they  came  to  blows,  and  in  the  scuffle  Remus  fell.  The 
common  report  is,  that  Remus  was  slain  by  Romulus  for  having  in 
derision  leapt  over  his  walls,  Liv,  i.  7. 

After  Romulus,  it  became  customary  that  no  one  should  enter  up- 
on an  office  without  consulting  the  auspices.  Diohys,  iii.  35.  But 
Dionvsius  informs  us,  that  in  his  time  this  custom  was  observed 
merely  for  form's  sake.  In  the  morning  of  the  day  on  which  those 
elected  were  to  enter  on  their  magistracy,  they  rose  about  twilight, 
and  repeated  certain  prayers  under  the  open  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,  was  reckoned  sufficient,  ZK- 
onys,  ii.  6. 

The  ati^irs  arc  supposed  to  have  been  first  instituted  by  Romu- 
lus, three  m  number,  one  to  each  tribe,  Liv.  x.  6.  as  the  Haruspices^ 
Dionys.  ii.  22.  and  confirmed  by  Nuraa,  ibid.  64.  The  fourth  was 
added,  probably  by  Servius  Tullius,  when  he  increased  the  number 
of  tribes,  and  divided  the  city  into  four  tribes,  Id.  iv.  34.  Liv.  i.  13* 
The  augurs  were  at  first  all  patricians,  till  A.  U.  454,  when  five  ple- 
beians were  added,  Liv.  x.  9.  Sylla  increased  their  number  to  fif- 
teen, Liv.  Ep.  Ixxxix.  They  were  nt  first  chosen,  as  the  other 
priest,  by  the  Comitia  Curiata,  Dionys.  ii.  64.  and  afterwards  under- 
went the  same  changes  as  the  pontijlces,  Liv.  iii.  37.     See  p.  245, 

The  chief  of  the  augurs  was  called  Magister  Collegii. 

The  augurs  enjoyed  this  singular  privilege,  that,  of  whatever  crime 
they  were,  guilty,  they  could  not  be  deprived  of  their  office,  Plin. 
Ep.  ly.  8.  because,  as  Plutarch  says,  Q.  Rom,  97.  they  were  intrust- 
ed with  the  secrets  of  the  empire. The  laws  of  friendship  were 

anciently  observed  with  great  care  among  the  augurs,  and  no  one 
was  admitted  into  their  number,  who  was  known  to  be  inimical  to 


MINISTERS  OF  RELIGION.  353 

any  of  the  college,  Cic.  Fam.  iii.  10.  In  delivering  their  opinions 
about  any  thing  in  the  college,  the  precedency  was  always  given  to 
age,  Cic.  Sen.  18. 

As  the  Pontifices  prescribed  solemn  forms  and  ceremonies^so  the 
augurs  explained  all  omens,  Cic.  Harusp.  9.  They  derived  tokens 
{signa)  of  futurity  chiefly  from  five  sources  ;  1st,  from  appearances 
in  the  heavens,  as  thunder  or  lightning,  2d,  from  the  singing  or  flight, 
of  birds,  Stat.  Thtb.  iii.  482.  3d,  from  the  eatins  of  chickenst  4th/ 
from  quadrupeds,  and  5th  from  uncommon  accidents,  called  Dira 

V.  -«. The  birds,  which  gave  omens  by  singing,  (oscines)  were 

the  raven,  (corvm^  the  crow,  {cornix,)  the  owl,  {nocttui  vel  hubo^  tlie 
cock,  (gallus  gallinaceus,)  &c  Festus.  Plin.  x.  20.  s.  22.  29.  s,  4Sl. — 
Those  which  gave  omens  by  flight,  (alites  vel  prapbtbs,)  were  the 
eagle,  vulture,  &c.  ib.  GelL  vi.  6.  Serv.  in.  Virg.  Mn.  iii.  361 .  Cic* 
dvo.  i.  47.'  Xat.  D.  ii.  64. — The  manner  in  which  chickens  fed 
(pDixi,)  Cic.  div.  ii.  34.  see  p.  82.  was  much  attended  to  in  war; 
Plin.  X.  ^SL  8.  24.  Lav.  x.  40.  and  contempt  of  their  intimations  was 
supposed  to  occasion  signal  misfortunes :  as  in  the  case  of  P.  Claudius 
in  the  first  Punic  war ;  who,  wheir  the  person  who  had  the  charge 
of  the  chickens  (pullarius)  told  him  they  would  not  eat,  which  was 
esteemed  a  bad  omen,  ordered  them  to  be  thrown  into  the  sea,  say- 
ing. Then  let  them  drink.  After  which,  engaging  the  enemy,  he  was 
defeated  with  the  loss  of  his  fleet,  Cic.  Nat.  D.  li.  3.  div.  i.  16.  Liv. 
Ep.  xix.  Valer.  Max.  i.  4. 3.  Concerning  ominous  birds,  &c.  see 
Statins,  TTieb.  iii.  502.  &c. 

The  badges  of  the  augurs  {Ornamenla  auguralia,  Liv.  x.  7.)  were, 
1.  a  kind  of  robe,  called  TRABEA,  striped  with  purple,  (virgata 
vel  ptamata,  a  trabibus  dicta,)  according  to  Servius  made  of  purple 
and  scarlet,  {expurpurd  el  cocco  mistum,)  in  Vii^.  JEn.  vii.  612.  So 
Dionysius,  speaking  of  the  dress  of  the  Salii,  ii.  70.  who  describes 
it  as  fastened  with  clasps,  ibid,  hence  bibaphum,  i.  e.  purpuram  bis 
tinctam,  cogitare,  to  desire  to  be  naade  an  augur,  Cic.  Fam.  ii.  16.. 

bibaphcr  vestire,  to.  make  one,  Mi.  ii.  9. ^2.  A  cap  of  a  conical 

shape,  like  that  of  the  pontifices,  ibid. 3.  A  crooked  staflT,  which 

they  carried  in  their  right  hand,  to  mark  out  the  quarters  of  the 
heavens,  {quo  regiones  cceli  determinarent,)  called  LITUUS,  (6actt- 
1u8  V.  -urn,  sine  node  aduncxis^  Liv.  i.  18.  Incurvum  et  levittr  a  aum- 
mo  infiexum  bacilluni,  quod  ab  ejus  litui,  quo  canitur,  similitudine  no* 
men  invenit,  Cic.  divin.  i.  17.  Firga  brevis,  in  parte  qua  robustior 
est,  incurva,  Gell.  v.  8.). 

An  augur  made  his  observations  on  the  heavens,  (SERVABAT  dt 
calo  V.  calum,  Cic.  div.  ii.  35.  Dom.  15.  Phil.  ii.  32.  Lucan.  i.  601. 
V.  395.)  usually  in  the  dead  of  the  night,  {post  mediam  noctem^  Gell. 
iii.  2.  media  nocte,  Liv.  xxxiv.  14.  cum  est  sili^ntium,  Festus :  nocte 
siLENTio,  Liv.  ix.  38.  viii.  23.  aperto  calo,  it  out  apertis  uti  liceat  lu- 
cemis,  Plutarch.  Q.  R.  71.  Id  silentium  dicimus  in  auspido,  quod 
omniMtio  caret,  Cic.  div.  ii.  44.)  or  about  twilight,  Dionys.  ii.  5. 

The  augur  took  his  station  on  an  elevated  place,  called  arx  or 
TEKPLuar,  Liv.  L  6.  vel  tabernacvlum,  Liv.  iv.  7.  Cic  div.  iL  35. 


354  ROMAN  ANTIQUITIES. 

which  Plutarch  calk  ^irn},  in  MarcelL  p.  300 — ^wbere  the  view  wai 
open  on  all  sides  ;  and  to  make  it  so,  buildings  were  sometimes  pull- 
ed down.    Havine  first  offered  up  sacrifices,  and  uttered  a  solemn 
prayer,  (epfata,  pTur.  Serv.  Virg,  Mn.  vi.  197.  whence  tffari  ieni- 
plum,  to  consecrate,  Cur.  ^tt.  xiii.  42.  hinc  fana  tiomuuiia  gudd 
paniifices.  in  sacrando  fati  suntfinem^  Van*.  L.  L.  v.  7.)  he  sat  down 
Xitdem  cepit  in  solida  sella),  with  his  head  covered,  (capite  velato^) 
and,  according  to  Livy,  i.  18.  with  his  face  turned  to  the  east ;  so 
that  the  parts  towards  the  south  were  on  the  right,  {partta  dexir<Zj) 
and  those  towards  the  north  on  the  left,  (laviB.)    Then  he  determin- 
ed with  his  lituus^  the  regions  of  the  heavens  from  east  to  west,  and 
marked  in  his  mind  some  object  straight  forward,  {signum  contra  ani^^ 
mo  Jinivit^)  at  as  great  a  distance  as  his  eyes  could  reach :  within 
which  boundaries  he  should  make  his  observation,  Liv.  L  18.    This 
space  was  also  called  TEMPLUM,  (a  tuendo :  locua  augurU  out 
autpicH  caus&  (jpthnsdam  conceptis  verbis  finitui^  Varr.  I^  L.  vL  % 
Donat.  in  Ter.  liL  5. 42.)   Dionysius  gives  the  same  description  with 
Livy  €(  the  position  of  the  augur,  and  of  the  quarters  of  the  heavens^ 
iL  5.  so  Hyginus,  dt  limit.    But  Yarro  makes  the  aucur  look  to- 
wards the  south,  which  he  calls  pars  anltca  ;  consequently,  ib&pars 
sirdslra  was  on  the  east,  and  dtxira  on  the  west :  that  on  the  north 
he  calls  posltca^  ibid.    In  whatever  position  the  augur  stood,  omens 
on  the  left  among  the  Romans  were  reckoned  lucky:  Plaui.  Pseud. 
U.  4.  72.  Epid.  li.  2.  1.  Serv.  in  Virg.  JEn.  ii.  693.  ix.  631.  Stat, 
pub.  iiL  493.  Cic.  lege.  iii.  3.  Div.  ii.  35.  Gell.  v.  12.  Ovid.  Trist. 
i  8.  49.  Diofiys.  ii.  5.  out  sometimes  omens  on  the  left  are  called 
unlucky ;  Virg.  Eel  i.  18.  ix.  15.  Stic*.  CI.  7.   Vit.  9.  Ovid.  Enist. 
ii.  115.  Trist.  iv.  3.  69.  in  imitation  of  the  Greeks,  amonff  wnoro 
the  augurs  stood  with  their  faces  to  the  north  ;  and  then  the  cast, 
which  was  the  lucky  quarter,  was  on  the  right.     (StVtts/rumy  quod 
bonum  sitf^  nostri  nominaverimty  extemi^  (sc.  Gracif)  dtxiruni^  Cia 
div.  ii.  36.)     Hence  dexter  is  often  put  for  feiix  yelfaustm,  lucky 
or  propitious,  Virg.  .flBn.  iv.  .579.  viii.  302.  nnijinister  for  tn/elix, 
infaustus  vel  funestus^  unlucky  or  unfavourable,  Id.  i.  444.  Plin.  Ep. 
i.  9.  vii.  28.  Tacit.  Hist.  v.  5.    Thunder  on  the  left  was  a  good  omen 
for  every  thine  else  but  holding  the  comilia,  Cic.  div.  ii.  18.  35. 
The  crocking  of  a  raven  (corvus)  on  the  right,  and  of  a  crow  (comix) 
on  the  left,  was  reckoned  fortunate,  and  vice  versa,  Cic.  div.  i.  7.  Sl 
39.    In  short,  the  whole  ^rt  of  augury  among  the  Romans  was  in- 
volved in  uncertainty,  ibid.  -  It  seems  to  hav.e  been  at  first  contrived, 
ind  afterwards  cultivated,  chiefly  to  increase  the  influence  of  the 
leading  men  over  the  multitude. 

The  Romans  took  omens  (omina  captabant)  also  from  quadrupeds 
crossing  the  way,  or  appearing  in  an  unaccustomed  place,  {Juvenal., 
xiii.  63.  Horat.  Od.  iii.  27.  Ldv.  xxi,  ult.  xxii.  1.)  from  sneezing,  {ex 
9temutatione,)  spilling  salt  on  the  table*  and  other  accidents  of  that 

•The  spiHrng  of  salt  18,  by  superatitious  people  among  at,  itill  reckoned  «  bad 
4>meii ;  and  an  excellent  paper  in  the  Sj^etUUor  1$  written  to  deciy  tbe  abmirdit/. 


MINISTERS  OF  RELIGION.  255 

kind,  which  were  called  Dira,  go.  signa^  or  Dirje,  Cic.  de  divinaL  L 
16.  ii.  40.  JDto.  xl.  18.  Ovid,  Amor.  i.  12.  These  the  augurs  ex- 
plained,  and  taught  how  they  should  be  expiated.  When  they  did 
so,  they  were  said  commtntariy  Cic,  Amic,  2.  If  the  omen  was  good, 
the  ohrase  was,  Impetritcm,  inavouratum  est,  PiauU  Aim.  ii.'lL 
and  hence  it  was  called  Augurium  impetrativvm  vel  oplafum,  Serv. 
in  Virg.  Mn.  v.  190.  Many  curious  instances  of  Roman  ^persti* 
tion,  with  respect  to  omens  and  other  thinss,  are  enumerated,  PHn. 
28.  2.  as  among  the  Greeks,  Pausan,  Iv.  13. — Cocsar,  in  landing  at 
Adrumetum  in  Africa  with  his  army,  happened  to  fall  on  his  face, 
which  was  reckoned  a  bad  omen  ;  but  he,  with  great  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  ex- 
claimed,  1  take  possession  of  thee^  0  Africa^  (Tekeo  te,  Africa,) 
jDio.  xlii.^n.  Sutt.  Jul.  59. 

Future  events  were  also  prognosticated  by  drawing  lots,  {sortibus 

ducendiSf  Cic.  div.  ii.  33^  thus,  Oractda  sortibus  cequatis  dt/om/tir. 

Id.  i.  18.  that  is,  being  so  adjusted,  that  they  had  all  an  equal  chance 

of  coming  out  first,  Plaut.  Cas.  ii.  6.  35.)    These  lots  were  a  kind 

of  dice  {tali  v.  ttsserts)  made  of  wood,  Plaut.  Cas.  ii.  &  32.  of  gold, 

Suzt.  Tib^  14.  or  other  matter,  Plaut,  ibid.  46.  Pausan.  Messen.  iv. 

3.  Eliac.  V.  25.  with  certain  letters,  words  or  marks,  inscribed  on 

ihem,  Cic.  div.  ii.  41.    They  were  thrown  commonly  into  an  urn, 

ibid,  sometimes  filled  with  water,  Plaut.  ibid.  28  &  33.  and  drawn 

out  by  the  hand  of  a  boy,  or  of  the  person  who  consulted  the  oracle. 

The  priest  of  the  temple  explained  the  import  of  them,  Ctc.  div.  i. 

34.  the  lots  were  sometimes  thrown  like .  common  dice,  and  the 

throws  esteemed  favourable  or  not,  as  in  playing,  Suet.  Tib.  14.  Pro^ 

peri.  iv.  9. 19.     SoRTES  denotes  not  only  the  lots  themselves,  aixd 

the  answer  returned  from  the  explanation  of  them,  thus,  Sortes  ipsas 

€t  cetera,  qua  trant  ad  sortetn,  i.  e.  ad  responsum  reddendum  parata^ 

disiurbavit  simian  Cic.  div.  i.  34.    Liv.  viii.  24  ;   but  also  any  verbal 

responds  whatever  of  an  oracle,  {sortes  qua  vaticinatione  funduntury 

qwB  oracula  verius  dicimus,)  Cic.  div.  ii.  33  &  56.  Dicta  ptr  carmi- 

na  sortes,  Horat.  art.  p.  403.     So  lAv.  i.  56^  v.  15.  Virg.  Xn.  iv» 

346,  vi.  72.  Ovid.  Met.  i.  368  &  381.  &Cf    Thus  Oraculvm  is  put 

both  for  the  temjiie,  Cic.  Font.  10.  Ep.  ad  Brut.  2.  and  the  answer 

given  in  it,  Cic.  (&r.  i.  1. 34  &  51.  &c.   Tacitus  calls  by  the  name  of 

SoYtes  the  manner  which  the  Germans  used  to  form  conjectures  about 

futtuity.    They  cut  the  branch  of  a  tree  iftto  small  parts  or  slips  (m 

surculoSf)  and  distinguishing  these  slips  by  certain  marks,  scattered 

them  at  random,  {temere  ac  fortuitd,)  on  a  while  cloth.    Then  a 

priest,  if  the  presage  was  made  for  the  public,  (^t  publici  consulere^ 

Itir,)  if  in  private,  the  master  of  a  family,  having  prayed  to  the  gods* 

and  looking  to  heaven,  took  up  each  of  the  slips  three  times,  and  in- 

tfrpreted  it  according  to  the  mark  impressed  on  it,  Tadt.  de  mor.  G. 

10.    Of  prophetic  lots,  those  of  Proeneste  were  the  most  famous, ' 

Ctc.  div.  u.  41.  Suet.  Tib.  63.  Domit.  15.  Stat.  Sylv.  1.  3.  80.     Livjr 

mentions  among  unlucky  omens  the  lots  of  Caere  to  have  been  di* 


256  ROMAN  ANTIQUITIES. 

r 

/ 

minished  in  their  bulk,  (extenvatcB,)  xxi.  62.  and  of  Falerii,  xxii.  L 
Omens  of  futurity  were  also  taken  from  names,  Plant,  Pers.  iv.  4. 
73.  Bacch.  ii-  3.  50.  Those  who  foretold  futurity  by  lots,  or  in  any 
manner  whatever,  were  called  Sort  i leg  i;  Lucan.  ix.  581.  which 
name  Isidorus  applies  to  those  who,  upon  opening  any  book  at  ran* 
dom,  formed  conjectures  from  the  meaning  of  the  first  line  or  pas- 
sage which  happened  to  turn  up,  viii.  9.  Ilepce  in  later  writers  wc 
read  of  the  Sortes  Yirgilianjb,  Homtrico^y  &c.  Sometimes  select 
verses  were  written  on  slips  of  paper,  (m  piltaciiSf)  and  being  thrown 
into  an  urn,  were  drawn  out  like  common  lots ;  whence  of  these  it 
was  said,  Sors  excidit^  Spartian.  Adrian.  2.  Lamprid.  Alex.  Sev.  14. 
— Those  who  foretold  future  events  by  observing  the  stars,  were 
called  AsTROLOGi,  Cic.  Dirin,  i.  38.  39.  ii.  42.  yerr,  ii.  52.  Ma- 
THBMATici,*  Suet,  Aug,  94.  Tib,  Cat,  57.  Tacit,  Hist,  i.  22.  Juvenal, 
vi.  561.  xiv.  248.  Genethliaci,  Gelt.  xiv.  1.  from  genesis  vel  geni- 
turOf  the  nativity  or  natal  hour  of  any  one,  or  the  star  which  hap- 
pened to  be  then  rising,  (sidus  natalitiumf  Cic.  div.  ii.  43.)  Juvenal, 
xiv.  248.  Suet.  Tit.  9.  and  which  was  supposed  to  determine  his  fu-, 
tui^  fortune ;  called  also  Horoscdpus  (ab  hord  inspicienda^)  thus,  Ge- 
minosj  horoscope^  varo  (for  vario)  products  genio  ;  O  natal  hour,  al- 
though one  and  the  same,  thou  producest  twins  of  different  disposi- 
tions, Pers,  vi.  18.  Hence  a  person  was  said  habere  imperatoriam 
genesim,  to  whom  an  astrologer  had  foretold  at  his  birth  that  he 
would  be  emperor,  Suet.  Vtsp.  14.  Dom,  10.  Those  astrologers 
were  also  called  CuALDiEi  or  Babvlonii,  because  they  came  origi- 
nally from  Chaldsea  or  Babylonia,  Strab,  xvi.  739.  or  Mesopotamia^ 
i.  e.  the  country  between  the  conflux  of  the  Euphrates  and  Tigris, 
Plin.  vi.  28.  Diodor.  ii.  29.  Hence  Chaldaicis  rationibus  eruditus^ 
skilled  in  astrology,  Cic,  div,  ii.  47.  Babylonica  doctrina,  astrology, 
Lucret,  v.  726. — nee  Babylonios  tentaris  numeros^  and  do  not  try  as- 
trological calculations,  i.  e.  do  not  consult  an  astrologer ;  Horat,  Od. 
i.  11.  these  used  to  have  a  book,  (ephemeris^  v.  plur.  -ides,)  in  wliich 
the  rising  and  setting,  the  conjunction,  and  other  appearances  of  the 
stars,  were  calculated.  Some  persons  were  so  superstitious,  that  in 
the  most  trivial  affairs  of  life  they  had  recourse  to  such  books,  Plbu 
29.  1.  which  Juvenal  ridicules,  vi.  576.  An  Asiatic  astrologer 
{Phryx  Augur,  et  Indus,)  skilled  in  astronomy  {a^rorum  mundique 
peritus,)  was  consulted  by  the  rich ;  the  poor  applied  te  common 
fortune-tellers,  (sorlilegi  vel  divini,)  who  usually  ^l  in  the  Circus 
Maximus,  ibid,  which  is  therefore  called  by  Horace -/a//£M?.  Sat.  i, 
6.  113. 

Those  who  foretold  future  events  by  interpreting  dreams,  were 
called  Conjectores  ;  by  apparent  inspiration,  halidli  v.  divini;  vales 
V.  vaticinatores,  &c. 

Persons  disordered   in   their  mind,   {melancholici,  cardidci,  et 

«  When  mention  is  made  in  the  classic  authors,  of  the  Mathetnattd  beings  banislidd 
from  Rome  or  from  Italy,  these  jugglers,  and  not  real  mathematicians,  are  always  in- 
tended. 


MINISTERS  OP  RELIGION.  257 

phrenetici,)  were  supposed  to  possess  the  faculty  of  presaging  future 
events,  Cic.  div.  i.  38.     These  were  called  by  various  other  names  ; 
CERRITI  or  Ceriii,  Plaut.  Amph.  ii.  2.  144.  Horat.  Sat.  il.  3.  278. 
Ji>ecause  Ceres  was  supposed  sometimes  to  deprive  her  worshippers 
of  their  reason,  Jion,  i.  213.  also  Larvati,  Larvarum  pUni,  i.  e. 
furiosi  tt  menu  moti,  qvasi  Larvis  ei  spectris  exterriti,  Festus.  Plaut. 
Men.  v.  4.2.  and  Lymphatioi,  or  fymphaiiy  Virg.  iEn.  vii.  377. 
Liv.  vii.    17.  (a  nymphis  infurorem  acti^  wjuk^oXihrroi,   yarro.  L.  Z». 
vL  5.  qui  speciem  quondam  e  fonte,  id  est  effigium  nympha  viderini^ 
Festus,)  because  the  nymphs  made  those  who  saw  them  mad,  Ovid. 
Ep.  iv.  49.     Isidore  makes  lymphaticus  the  same  with  one  seized 
with  the  hydrophobia,  {qui  aquam  timeat,  u^fo^o/So;,)  x.  Ultra  L.  Pavor 
lymphaticus ,  a  panic  fear,  Liv.  x.  28.   Senec.  Ep.  13.     Aummt  auri 
iymphatici^  burning  in  the  pocket,  as  eager  to  get  out,  or  to  be  spent, 
Plaut.  Pan.  i.  2.  132.  Mens  lymphala  Maraotico,  intoxicated,  Horat^ 
Od.  i.  37.  14.    As  hellebore  was  used  in  curing  those  who  were 
mad,  hence  elleborosus,  for  insanus,  Plaut.  Rud.  iv.  3.  67.     Those 
transported  with  religious  enthusiasm  were  called  Fanatici,  Juve- 
nal, ii.   113.  iv.  123.  Cic.  divin.  ii.  57.  Dom.  60.  from  panum,  a 
/ari,  because  it  was  consecrated  by  a  set  form  of  words,  (fandoy) 
Festus,  &  Varr.  L.  L.  v.  7. — or  from  Faunos,  {qui  primus  fani 
condilor  fuii,)  Serv.  in  Virg.  G.  1.  10.    From  the  influence  of  the 
moon  on  persons  labouring  under  certain  kinds  of  insanity,  they  are 
called  by  later  writers  LUNATICI. 

HARUSPICES,  ah  harug^,  i.  e.  ah  hostiA,  (Donat.in  Ten  Phorm. 
iv.  4.  28.  vel  potius  a  viaiimis,  aut  extis  viciimarum  in  ara  inspici' 
endis;)  called  also  Extispices,  Cic.  Div.  ii.  11.  .A/bn.  i.  53.  who 
examined  the  victims  and  their  entrails  after  they  were  sacrificed^ 
and   from  thence  derived  omens  of  futurity ;  Stat.  Theh.  iii.  456. 
also  from  the  flame,  smoke,  and  other  circumstances  attending  the 
sacrifice ;  as  if  the  victim  came  to  the  altar  without  resistance,  stood 
there  quietly,  fell  by  one  stroke,  bled  freely,  &c.     These  were  fa- 
vourable signs.     The  contrary  are  enumerated,   Vir^.  G,  iii.  186.. 
Lucan.  i.  609.  &c.'    They  also  explained  prodigies,  Cic.  Cat.  iii.  8. 
Div.  i.  3.  Suet.  Aug.  19.  Plin.  vii.  3.     Their  office  resembled  that 
of  the  augurs ;  but  they  were  not  esteemed  so  honourable :  hence,, 
when  Julius  CsDsar  admitted  Ruspina,  one  of  them,  into  the  senate, 
Cicero  represents  it  as  &n  indignity  to  the  order,  Fam.  vi.  18.   Their 
art  was  called  HaOspicina,  v.  haruspicium  disciplina,  Cic.  div.  i.  2. 
41.  and  was  derived  from  Etruria,  where  it  is  said  to  have  been 
discovered  by  one  Tagus,  Cic.  div.  ii.  23.  Ovid.  Met.  xv.  553.  iu- 
can.  i.  637.  Censorin.  nat.  d.  4.  and  whence  Haruspices  were  often 
sent  for  to  Rome,  Liv.  v.  15.  xxvii.  37.  Cic.  Cat.  iii.  8.  Lucan.  i. 
584.  Martial,  iii.  24.  3.     Theysomeiimes  came  from  the  east;  thus 
Armenius  ml  Comagenus  haruspex,  Juvenal,  vi.  549.    Females  also 
prattised  this  art,  (AKuspica:,)  Plaut.  ML  Glor.  iii.   1.  99.     The 
college  of  the  Haruspices  was  instituted  by  Romulus,  Diotiys,  ii.  22. 
Of  what  number  it  consisted  is  uncertain.     Their  chief  was  culled 
SuiiMUS  Harlspex,  Cic.  div.  ii.  24. 

33 


358  ROMAN  ANTIQUITIES. 

Cato  used  to  say,  he  was  surprised  that  the  Hantspices  did  not 
laugh  when  they  saw  one  another,  Ctc.  Nat.  D.  i.  26.  Divin,  li.  24. 
their  art  ^as  so  ridiculous  ;  and  yet  wonderful  instances  are  record- 
ed of  the  truth  of  their  predictions,  Liv.  jlxv.  16.  Sallust.  Jvg.  63. 
Tacit.  Hist.  i.  27.  Suet.  Galb.  19.  Suet.  Ccbm.  81.  Dio.  xliv.  18. 

IIL  QUINDECEMVIRI  sacris  faciundus ;  these  had  the  charp 
of  the  Sibylline  books ;  inspected  them  by  the  appointment  of  the 
senate  in  dangerous  junctures ;  and  performed  the  sacrifices  which 
they  enjoined.  It  belonged  to  them  in  particular  to  celebrate  the 
secular  games,  Horat.  de  Carm.  sac.  72.  Tacit,  ^nnal.  ii.  11.  vi.  12. 
and  Ihose  of  Apollo,  Dio.  liv.  19.  They  are  said  to  have  been  io- 
stituted  on  the  following  occasion. 

A  certain  woman,  called  Amalth8ea,from  a  foreign  country,  is  said 
to  have  come  to  Tsu*quiniu8  Superbus,  wishing  to  sell  nine  books  of 
Sibylline,  or  prophetic  oracles.  But  upon  Tarquin's  refusal  to  give 
her  the  price  which  she  askod,  she  went  away,  and  burnt  three  of 
them.  Returning  soon  after,  she  demanded  the  same  price  for  the 
remaining  six.  Whereupon  being  ridiculed  by  the  king,  as  a  sense- 
less old  woman,  she  went  and  burnt  other  three  ;  and  coming  back, 
still  demanded  the  same  price  for  the  three  which  remained.  Gel- 
lius  says,  that  the  books  were  burnt  in  the  king^s  presence,  i.  19. 
Tarquin^  surprised  at  the  strange  conduct  of  the  woman,  consulted 
the  augurs  what  to  do.  They^  regretting  the  loss  of  the  books  which 
had  been  destroyed,  advised  the  king  to  give  the  price  required* 
The  woman  therefore  having  delivered  the  books,  and  having  de- 
sired them  to  be  carefully  kept,  disappeared,  and  was  never  after- 
wards seen,  Dionys.  iv.  62.  Lactant.  i.  6.  Gtll.  i.  19.  Pliny  says 
she  burnt  two  books,  and  only  preserved  one,  Plin.  xiii.  13.  s.  27. 
Tarquin  committed  the  care  of  these  books,  called  Libri  Sibyui- 
NAy  ibid,  or  versus,  Horat.  Carm.  sac.  5.  Ctc.  Verr.  iv.  49.  to  two 
men  {Duumviri)  of  illustrious  birth  ;  Dionys.  ibid,  one  of  whom, 
called  Atillius,  Dionys.  iv.  62.  or  TuUius,  yalex  Maximus.  i.  I.  13. 
he  is  said  to  have  punished,  for  being  unfaithful  to  his  trust,  by  or- 
dering him  to  be  sewed  up  aUve  in  a  sack,  (t»  culeum  insui.)  and 
thrown  into  the  sea,  ibid.^  the  punishment  afterwards  inflicted  on 
parricides,  Ctc.  Rose.  Jim.  25.  In  the  year  387,  ten  men  (decemviri) 
were  appointed  for  this  purpose ;  five  patricians  and  five  plebeians ; 
Liv.  vi.  37.  42.  afterwards  fifteen,  as  it  is  thought  by  Sylla,  Serv.  m 
Virg.  Mn.  vi.  73.  Julius  CsBsar  made  them  sixteen,  Dio.  xlii.  51. 
xliii.  51.  They  were  created  in  the  same  manner  as  the  Pontifices, 
Dio.  liv.  19.  See  Lex  Domitia.  The  chief  of  them  was  called 
Magister  CoLLEOfi,  PUti.  xxviii.  2. 

These  Sibylline  books  were  supposed  to  contain  ttie  fate  of  the 
Roman  empire,  Liv.  xxxviii.  45.  and  therefore,  in  public  danger  or 
calamity,  the  keepers  of  them  were  frequently  ordered  by  the  senate 
to  inspect  {adire,  inspicere  v.  consulere)  them,  Liv.  iii.  10.  v.  13. 
vii.  27.  xi.  12.  xxi.  62.  xxii.  9.  xxix.  10.  xxxvi.  27.  xh.  21.  They 
were  kept  in  a  stone  chest  below  ground  in  the  temple  of  Jupiter 
Capitolinus.    But  the  Capitol  being  burnt  in  the  Marsic  war,  the 


MINISTERS  OF  RELIGION.  259 

Sibylline  books  were  destroyed  together  with  it,  A.  U.  670.  Where- 
upon  ambassadors  were  sent  every  where  to  collect  the  oracles  of 
the  Sibyls,  Tadt  AnnaL  vi.  12.  For  there  were  other  prophetic 
women  besides  the  one  who  came  to  Tarquin,  Paruan.  x.  12.  Lac- 
tantius  from  Varro  mentions  ten,  i.  6.  ^lian,  four,  xii.  35.  Pliny 
says  there  were  statues  of  three  Sibyls,  near  the  Rostra  in  the  Fo- 
rum,  xxxiv.  5.  s.  10.  The  chief  was  the  Sibyl  of  Cumse,  (Sibylla 
CuMJBA,)  whom  iEneas  is  supposed  to  have  consulted ;  called  by 
Vii^il  Deiphobej  JEfL  tL  36.  9o.  from  her  age,  longava,  321.  vivax^ 
Ovid.  Met  ziv.  104.  and  the  Sibyl  of  Erythr®,  a  city  of  Ionia, 
(Erttarxa  Sibtijua,^  Cic.  divin^  i.  18.  who  used  to  utter  her  ora- 
cles with  such  ambiguity,  that  whatever  happenned,  she  might  seem 
to  have  predicted  it,  id.  ii.  54.  as  the  priestess  of  Apollo  at  Delphi, 
Pausan.  iv.  12.  Ac.  the  verses,  however,  were  so  contrived,  that  the 
first  letters  of  them  joined  together  made  some  sense  ;  hence  called 
AcBOSTicHis,  or  in  the  plural  acrosttchides^  (^^^x^^^)  Oionys.  iv. 
62.  Christian  writers  often  quote  the  Sibylline  verses  in  support  of 
Christianity ;  as  Lactantius,  i«  6.  vu  11.  12.  iv.  6.  but  these  appear 
to  have  been  fabricated. 

From  the  various  Sibylline  verses  thus  collected,  the  Quxndeccm* 
Ttrt  made  out  new  boc^s ;  which  Augustus  (after  having  burnt  all 
other  prophetic  books,  fatidici  libri,  both  Greek  and  Latin,  above 
2000)  deposited  in  two  ^It  cases,  {forulis  auraiis)  under  the  base 
of  the  statue  of  Apollo,  m  Xh^  temple  of  that  god  on  the  Palatine 
hill,  Suei.  Aug,  31.  to  which  Virgil  alludes,  JEn.  vi.  69.  &c.  having 
first  caused  the  priests  to  write  over  with  their  own  hands  a  hew 
copy  of  them,  because  the  former  books  were  fading  with  age,  Dio. 
liv,  17. 

The  Quindtcemoiri  were  exempted  from  the  obligation  of  serv- 
ing in  the  army,  and  from  other  offices  in  the  city.  Their  priest- 
hood was  for  life,  Dionys.  iv.  62.  They  were  properly  the  priests 
of  Apollo ;  and  hence  each  of  them  had  at  his  house  a  brazen  tripod, 
(cortina  vel  iripus,)  Serv.  in  Virg.  ^n.  iii.  332.  Val.  Flac.  i.  5.  as 
being  sacred  to  Apollo,  SueL  Aug.  52.  Similar  to  that  on  which 
the  priestess  at  Delphi  sat,  which  Servius  makes  a  three-footed 
stool  or  table,  (mensa,)  ibid.  360 ;  but  others,  a  vase  with  three  feet 
and  a  covering,  properly  called  Cortina^  (o^fM;,)  which  also  signi" 
fies  a  lai^  round  cauldron,  Plin.  xxxv.  11.  «.  41.  Varr.  L.  L.  vi. 
3.  often  put  for  the  whole  tripod,  or  for  the  oracle,  Virg.  Xn.  vi. 
347.  iii.  92.  Ovid.  Met.  xv.  635.  Plin.  xxxiv.  3.  «.  8 :  hence  tripo^ 
da$  sentire^  to  understand  the  oracles  of  Apollo,  Firg.  jlSn.  iii.  360. 
When  tripods  are  said  to  have  been  given  in  a  present,  vases  or 
cups  supported  on  three  feet  are  understood,  Vtrg.  Mn.  v.  110. 
Horai.  Od.  iv.  a  3.  Mp.  Paw.  1.  Ovid.  Her.  iii.  32.  Suet.  Aug.  52. 
such  as  are  to  be  seen  on  ancient  coins. 

IV.  SEPTEMVIRl  epulonem^  who  prepared  the  saCred  feasts  at 
games,  processions,  and  on  other  solemn  occasions. 

It  was  customary  among  the  Romans  to  decree  feasts  to  the  gods, 
ia  order  to  appease  their  wrath,  especially  to  Jupiter,  {tpulum  Jo- 


260  ROMAN  ANTIQUITIES. 

viSf  y.  -t,)  during  the  public  games,  {htdorum  causd,)  Liv.^  xxv.  !2« 
xxvii.  38.  xxix.  38.  Jin.,  xxx.  39.  xxxi.  4.  xxxii.  7.  These  sacred 
entertainments  became  so  numerous,  that  the  Pontifices  could  bo 
lon^r  attend  to  them ;  on  which  account  this  order  of  priests  was 
instituted  to  act  as  their  assistants.  They  were  first  created  A.  U* 
557.  three  in  number,  (Triumviri  Epulones,)  Liv.  xxxiil  44.  Cie^ 
Orat.  iii.  19.  and  were  allowed  to  wear  the  ioga  prcstexta^  as  the 
PontifieeSf  ibid.  In  the  sing.  Tbiumvir  Epulo,  Id.  xl.  42.  Tbeir 
number  was  increased  to  seven,  it  is  thought,  by  Syila,  GelL  i.  1% 
sing.  ScPTBMviRQUfi  Efulis  festis,  Lucan.  i.  t)02.  If  any  thing 
bad  been  neglected  or  wrongly  performed  in  the  public  games*  the 
Epulones  reported  it  {afferebani)  to  the  Pwitifices;  by  whose  decree 
the  games  on  that  account  were  sometimes  celebrated  anew,  Gc, 
Harusp.  10.  Iav.  ibid.  The  sacred  feasts  were  celebrated  with  great 
magnificence ;  hence,  CtBnapontificumY.pontiJicaleSf  et  augwaits^  for 
sumptuous  entertainments,  HoraU  Od,  ii.  14.  28.  Macrob.  Sat.  ii.  & 

The  Pontifices^  jiugures^  Septemviri  Epulones,  and  Quindecemviri 
were  called  the  four  colleges  of  priests,  {rs^fta^sg  ispco^uvai.  Dia»  liii. 
1.  Sacerdotes  summoruh  collegioruh.  Suet.  Aug.  101.)  When  di- 
vine honours  were  decreed  to  Augustus,  after  his  death,  a  fifth  col- 
lege was  added,  composed  of  his  priests ;  hence  called  Collegium 
SoDALiUM  AuousTALiUM,  Tacxt.  Annal.  iii.  64.  Dio.  Ivi.  46.  IviiL 
12.  So  Flavialich  collegium^  the  priests  of  Titus  and  Ves- 
pasian, Suet.  Dom.  4.  But  the  name  of  COLLEGIUM  was  applied 
not  only  to  some  other  fraternities  of  priests,  Liv.  xxxvi.  3.  but  to 
any  number  of  men  joined  in  the  same  office  ;  as  the  Consuls,  Liv. 
X.  22.  24.  Praetors,  Cic.  Off.  iiL  20.  Quaestors,  Suet.  Claud.  24. 
Tribunes,  Cic.  Dom.  18.  also  to  any  body  of  merchants,  Liv.  ii.  27, 
or  mechanics,  Plin.  xxxiv.  1.  Plin.  Ep.  x.  42.  to  those  who  lived  in 
the  capitol,  Liv.  v.  50.  52.  even  to  an  assemblage  of  the  meanest 
citizens,  Cic.  Dom.  28.  or  slaves,  Cic,  post  red.  in  Sen.  13.  Sext.  25. 
Pis.  4. 

To  each  of  the  colleges  of  Pontijices,  Augures^  and  Q^indtcemvin^ 
Julius  Caesar  added  one,  Dio.  xlii.  51.  and  to  the  Septemviri^  three, 
id.  xlii.  Jin.  After  the  battle  of  Actium.,  a  power  was  granted  to 
Augustus,  of  adding  to  these  colleges  as  many  extraordinary  mem- 
bers as  he  thought  proper ;  which  power  was  exercised  by  the  suc- 
ceeding emperors ;  so  that  the  number  of  those  colleges  was  thence- 
forth very  uncertain,  Dio.  Ii.  20.  liii.  17.  They  seem,  however, 
to  have  retained  their  ancient  names ;  thus,  Tacitus  calls  himself 
Quindecemvirali  eacerdotio  preBditus^  Ann.  xi.  11.  and  Pliny  men- 
tions a  Septemvhi  Epulonum,  Ep.  ii.  11. 

It  was  anciently  ordained  by  law,  that  two  persons  of  the  same 
family  (sx  rnc  anTTie  (fvyyivBiag)  should  not  enjoy  the  same  priesthood, 
Dio,  xxxix.  17.  But  under  the  emperors  this  regulation  was  dis* 
re^rded. 

The  other  fraternities  of  priests  were  less  considerable,  although 
composed  of  persons  of  distinguished  rank. 

i.  FRATRES  AMBAR VALES,  twelve  in  number,  who  offered 


MINISTERS  OF  RELIGION.  26! 

Up  sacrifices  for  the  fertility  of  the  ground,  (til  arvafruges  ferrenif) 
Yarn  iv.  15.  which  were  called  Sacra  Ambarvaiia^  because  the  vie* 
tim  was  carried  round  the  fields,  (arva  ambiebat^  ttr  circtanibat  hos^ 
iia/ruges^  Virg.  6.  i.  345.)  Hence  they  were  said,  agros  lustrare^ 
Id.  Eel.  V.  75.  eipurgare^  Tibull.  ii.  I.  1.  dt  17.  and  th^  victim  was 
called  HosTiA  ambarvalis,  Festus,  Macrob.  SaL  iii.  5.  attended 
with  a  crowd  of  country  people,  having  their  temples  bound  with 
gariands  of  oak  leaves,  dancing  and  sinking  the  praises  of  Ceres ;  to 
whom  libations  were  made  of  honey  diluted  with  milk  and  wine, 
(cut  iu  laett  favos^  i.  e.  mel,  tt  miti  dUue  Bacchd,  Virg.  6.  L  554L) 
These  sacred  rites  were  performed  before  they  began  to  reap,  pri- 
vately as  well  as  publicly,  ibid.  347. 

This  order  of  priests  is  said  to  have  been  instituted  by  Romulus 
in  honour  of  his  nurse  Acca  Laurentia,  who  bad  12  sons,  and  when 
one  of  them  died,  Romulus,  to  console  her,  ofiered  to  supply  his 
place,  and  called  himself  and  the  rest  of  her  sons,  Fratres  Arva- 
LBS.  Their  office  was  for  life,  and  continued  even  in  captivity  and 
exile.  They  wore  a  crown  made  of  the  ears  of  com,  {corona  spiceaA 
and  a  white  woollen  wreath  around  their  temples,  {infula  albOf) 
Gell.  vi.  17.  Plin.  xviii.  2. 

'  iNruLJE  erant  filamtnia  lanea,  quibus  iacerdotes  et  hosticBy  templa* 
qyu  velabantuvj  Festus.  The  in/ultB  were  broad  woollen  banda^ 
tied  with  ribands,  {viitce,)  Yii^.  6.  iii.  487.  ^n.  x.  538.  Ovid. 
Pont.  iii.  2.  74.  used  not  only  By  priests  to  cover  their  heads,  Ctc, 
Ferr.  iv.  50.  Lftcan.  v.  142.  but  also  by  suppliants,  CiSBs.  B.  C.  ii. 
12.  Liv.  xxiv.  30.  XXV.  25.     Tacit.  Hist.  i.  66. 

2.  CURIONES,  the  priests,  who  performed  the  public  sacred 
rites  in  each  curia,  30  in  number.  See.  p.  9.  Heralds  who  notified 
the  orders  of  the  prince  or  people  at  the  spectacles,  were  also  called 
CuRiONES,  Plin.  Ep.  iv.  7.  Martiat.  Praf.  ii.  Plautus  calls  a  lean 
lamb  curio,  i.  e.qui  curd  macet,  which  is  lean  with  care,  Aul.  iii.  6. 27. 

3.  FECIALES  vel  FetiaUs,  sacred  persons  employed  in  declar- 
ing war  and  making  peace,  Iav.  ix.  5.  The  Feciaiis,  who  took  the 
oath  in  the  name  of  the  Roman  people  in  concluding  a  treaty  of 
peace,  was  called  PATER  PATRATUS,  {quod  jmjurandum  pro 
Mo  populo  patrabat,  i.  e.  prastabat  vel  peragebat,)  Liv.  i.  24.  The 
FcciaUs  (collegium  fecialium,  Liv.  xxxvi.  3.)  were  instituted  by  Nu« 
ma  Pompilius,  borrowed,  as  Dionysius  thinks,  i.  21.  ii.  72.  from  the 
Greeks :  they  are  supposed  to  have  been  20  in  number,  Varr.  dpud 
Non.  xii.  43.  They  judged  concerning  ever}'  thing  which  related  to 
the  proclaiming  of  war  and  the  making  of  treaties ;  ibid.  Cic.  legg^ 
iL  9.  the  forms  they  used  were  instiiuted  by  Ancus ;  Lav.  i.  32. 
They  were  sent  to  the  enemy  to  demand  the  restitution  of  efiects, 
(cuLRiOATOM,  I.  c.  res  rapius,  clare  repititum,)  they  always  carried 
in  their  hands,  or  wreathed  round  their  temples,  vervain  {verbena,) 
Serv.  in  Virg.  xii.  120.  vel  verbenaca,  a  kind  of  sacred  grass  or  clean 
herbs,  {sagmina  v.  kerba  pur<B,)  plucked  from  a  particular  place  in 
the  Capitol,  with  the  earth,  in  which  it  grew,  {grUmen  ex  arct  cum 
9ua  terra  evulium  ;)  hence  the  chief  of  them  was  called  Vkrbeiva&i- 


962  ROMAN  ANTIQUITIES. 

US,  Plin.  xxii.  3.  xxz.  9.  s.  69.  If  they  were  sent  to  make  a  treaty, 
each  of  them  carried  vervain  as  an  emblem  of  peace^  and  a  flint 
stone  to  strike  the  animal  which  was  sacrificed,  (privos  lapxde$  Mi^ 
ceSf  privasque  verbenas,)  Liv.  xxx.  43. 

4.  SODALES  Titii  vel  Titiensts,  priests  appointed  by  Titus  Ta- 
tills  to  preserve  the  sacred  rites  of  the  Sabines  ;  or  by  Romdiia  in 
honour  of  Tatius  himself,  Tactt.  AnnaL  i.  54.  IRst,  ii.  95.  in  imi- 
tation of  whom,  the  priests,  instituted  to  Augustus  after  his  dealh, 
were  called  Sodales,  ibid.  SueL  Claud,  6.  Galb.  8. 

5.  REX  Sacrorum,  vel  Rex  sacnficuluSf  a  priest  appointed  after 
the  expulsion  of  Tarquin,  to  perform  the  sacred  rites,  which  the 
kings  themselves  used  formerly  to  perform ;  an  office  of  small  im^ 
portance,  and  subject  to  the  Pontifex  Maximua^  as  all  the  other  priests 
were.  Lav.  ii.  ^2.  Dionys.  iv.  74.  v.  1.  Before  a  person  was  ad- 
mitted to  this  priesthood,  he  was  obliged  to  resign  any  other  office 
he  bore,  Liv.  xl.  52.  His  wife  was  called  Reoina,  Macrob.  Sat.  u 
15.  and  his  house  anciently  Rboia,  Serv.  in  Virg.  Mn.  viiL  368. 

The  PRIESTS  of  PARTICULAR  GODS. 

Ths  priests  of  particular  gods  were  called  FLAMINES,  from  a 
cap  or  nllet  (a  j!/o  vel  pHeo,)  which  they  wore  on  their  head,  Varr» 
L.  L.  iv.  15.    The  chief  of  these  were, 

L  flamen  DIALIS,  the  priest  of  Jupiter,  who  was  distinguished 
by  a  lictor,  sella  curulis,  and  toga  prmtexta,  Liv.  i.  20.  and  had  a  right 
from  his  office  of  coming  into  the  senate,  Lav.  xxvii.  8.  II.  Ftamtn 
MARTIALIS,  the  priest  of  Mars ;  III.  QUIRINALIS,  of  Romuhis, 
&C.  These  three  were  always  chosen  from  the  patricians,  Cic.  Lhm. 
14. — They  were  first  instituted  by  Numa,  Liv.  i.  20.  Dionys.  iL  64. 
who  had  himself  performed  the  sacred  rites,  which  afterwards  be- 
longed to  the  Flamen  Dialis^  Liv.  i.  20.  They  were  alterwards  cre- 
ated by  the  people,  Getl.  xv.  27.  when  they  were  said  to  be  electi, 
desigmUi^  creali  vel  destinati,  Veil.  it.  43.  Suet  Jul.  L  and  inaugu- 
rated or  solemnly  admitted  to  their  office  by  the  Pontifex  M*  and  the 
augurs,  Ctc.  Phil.  ii.  34.  Brut.  1.  Suet.  CaL  l2.LJv.  xxx.  26.  Faler. 
Max.  vi.  9.  3.  when  they  were  said  inaugurariy  prodi  vel  copi,  ibid. 
Sl  Cic.  Mil.  10.  17.  The  Pontifex  M.  seems  to  have  nominated 
three  persons  to  the  people,  of  whom  they  chose  one,  TacU.  AnnaL 
iv.  16. 

The  Flamines  wore  a  purple  robe  called  Lxna,  Ctc.  Brut.  14. 
which  seems  to  have  been  thrown  over  their  toga  ;  hence  called  by 
Festus  duplex  amictus,  and  a  conical  cap,  called  apgx,  Lucan.  i.  604 
Lanigerosque  apices,  Firg.  JEn.  viii.  664.  Although  not  Pontiices^ 
they  seem  to  have  had  a  seat  in  that  college,  Ctc.  Harusp.  6.  Dam, 
0.  Other  Flamines  were  afterwards  created,  called  Minoreb,  who 
might  be  plebeians,  Ftstm^  as  the  Flamen  of  Carmenta,  the  mother 
of  Evander,  Ctc.  Brut.  14.  The  emperors  also,  after  their  conse- 
cration, had  each  of  them  their  LJatnines^  ^nd  likewise  colleges  of 


MINISTERS  OF  RELIGION.  963 

priestB,  who  were  called  sodales.  Suet  CI.  6.    Thus,  FeiAmbn  Ca* 
sikRis,  SueL  Jul.  74.  sc.  AntoniuSy  CtV.  Phil.  ii.  43.  Dio.  xl.  iv.  6. 

The  Fiamen  of  Jupiter  was  an  office  of  great  dignity,  (maxima 
dignationia  inter  xv.  fiamints^  Festus,)  but  subjected  to  many  re- 
strictions, as  that  he  should  not  ride  on  horseback,  Ftat^  &  Plin. 
xxxviii.  9.  nor  stay  one  night  without  the  city,  Liv.  v.  52.  Tacit. 
Annai.  iii.  58.  nor  take  an  oath,  lAv.  xxxi.  50.  and  several  otliers 
enumerated,  Gtll.  x.  15.  Plutarch.  Q.  Rom.  39.  43.  107.  108.  dec 
His  wife  {Flaminica,)  was  likewise  under  particular  restrictions,  ibid, 
&  Tacit.  Annul,  iv.  16.  Ovid.  Fast.  vi.  236.  but  she  could  not  be  di- 
vorced, and  if  she  died,  the  Fiamen  resigned  his  office,  Plutarch.  Q. 
Ram.  49.  because  he  could  not  perform  certain  rites  without  her  as- 
sistance, ibid. 

From  the  death  of  Menila*,  who  killed  himself  in  the  temple  of  Ju- 
piter, {incisis  venis^  supeffu&oque  altaribiu  sanguine^)  Cicero  says  in 
the  temple  of  Vesta,  Orat.  iii.  3.  to  avoid  the  cruelty  of  Cinna,  A. 
U.  666.  Flor.  iii.  21.  Veil.  ii.  22.  there  was  no  Fiamen  Dialis,  for 
72  years,  Tacit.  Annal.  iii.  58.  (Dio  makes  it  77  years.  Lib.  36.  but 
seems  not  consistent,  ibid.  24.)  and  the  duties  bf  his  function  were 
pMerformed  by  the  Pontijlces  ;  till  Augustus  made  Servius  Maluginen- 
sisy  Priest  of  Jupiter,  Tacit.  t6tc/.  Suet.  Aug.  31.  Julius  Caesar  had 
indeed  been  elected  {destinatus^  Suet.  1.  creatus^  Yell.  ii.  43.)  to 
that  office  at  17  {pene  puer^  ibid.)  but  not  having  been  inaugurated, 
was  soon  after  deprived  of  it  by  Sylla,  ibid. 

II.  SALII,  the  priests  of  Mars,  twelve  in  number,  instituted  by 
Numa ;  so  called,  because  on  solemn  occasions  they  used  to  go 
through  the  city  dancing,  (a  saltu  nomina  ducunt,  Ovid.  Fast.  iii.  3^. 
exaultantes  Saui,  Virg.  Mn.  viii.  663.  a  sattanclo,  quodfacere  in  co* 
mitio  in  sacris  quotannis  solent  et  debentj  Varr.  iv.  15.)  drest  in  an 
embroidered  tunic,  (tunica  pictd,)  bound  with  a  brazen  belt,  and  a 
toga  pr<Btexta  or  trabea  ;  having  on  their  head  a  cap  rising  to  a  con- 
siderable height  in  the  form  of  a  cone,  {apex^  xoi^euftaf)  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^  or  shields  of  Mars,  Dionys.  ii.  70. 
Lucan  says  it  hung  from  their  neck,  EtSaliua  Itetoportat  ancilia  coU 
/o,  i.  603.  Seneca  resembles  the  leaping  of  the  oa/tt,  (saltus  sau- 
AMIS,)  to  that  of  fullers  of  cloth,  (f  a//ti^  Fullomus,)  ^j!>.  15.  They 
used  to  go  to  the  capitol,  through  the  Forum  and  other  public  parts 
of  the  dty,  singing,  as  they  went,  sacred  songs,  {per  urbem  ibant  ca* 
n&iUts  carminfl  cum  tripudiis  solennique  saliatv^  Liv.  i.  20.  Herat.  Od. 
i.  36.  12.  iv.  1.  28.)  said  to  have  been  composed  by  Numa,  {Saliart 
J^tanc^  carmenj)  Horat.  Ep.  ii.  1.  86.  Tacit.  Annal.  ii.  83.  which,  in 
the  time  of  Horace,  could  hardly  be  understood  by  any  one,  ibid. 
scarcely  by  the  priests  themselves,  Quinctilian.  i.  6.  40.  Festus 
calls  these  verses  Axahsnta,  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  reisn  of  Numa.  They  resembled 
the  armed  dancers  of  the  Greeks,  called  Cuntesy  from  Crete,  where 


264  ROMAN  ANTIQUITIES. 

that  manner  of  dancing,  called  Ptrriche,  had  its  origin  ;  whether 
invented  by  Minerva,  or,  according  to  the  fables  of  the  poets,  by  the 
CurlUSf  who,  being  intrusted  with  the  care  of  Jupiter  in  his  infancy, 
Serv.  in  Firg.  iv.  151.  to  prevent  his  being  discovered  by  Saturn, 
his  father,  drowned  his  cries  by  the  sound  of  their  arms  and  cymbals, 
Dianys.  ii.  70.  vii.  72.  Hygin.  139. '  It  was  certainly  common  among 
the  Greeks  in  the  time  of  Horner^  //.  vi.  v.  494.  Slrab.  x.  467  £ 
468.  ^n. 

No  one  could  be  admitted  into  the  order  of  the  Salti^  unless  a 
'  native  of  the  place,  and  freeborn,  whose  father  and  mother  were 
alive.  Lucan  calls  them  Ucta  juventus  palricia^  because  chosen  from 
that  order,  ix.  478.  The  Salii,  after  finishing  their  procession,  had 
a  splendid  entertainment  prepared  for  them.  Suet.  Claud.  33 ;  hence 
Sauarbs  daptSt  costly  dishes,  Horat.  Od.  i.  37.  2.  Epulari  Saliarem 
in  modum^  to  feast  luxuriously,  Cic,  Alt,  v.  9.  Their  chief  was  call- 
ed Prasul,  (i.  e.  qui  ante  alios  salit ;)  who  seems  to  have  gone 
foremost  in  the  procession,  Cic.  Divin.  i.  26.  ii.  66 ;  their  principal 
musician,  Vates  ;  he  who  admitted  new  members,  Maoister  ;  Qi- 

intotin,  in  Antonin.  philos.  4.  According  to  Dionysius,  iii.  32.  Tul- 
us  Hostilius  added  twelve  other  Sa/u,  who  were  called  Agonales, 
•tnsts^  or  Collinif  from  having  their  chapel  on  the  Colline  hill.  Those 
instituted  by  Numa  had  their  chapel  on  the  Palatine  hill ;  hence  for 
the  sake  of  distinction  they  were  called  Palatini,  Id,  ii.  70. 

III.  LUPERCI,  the  priests  of  Pan  ;  so  called  {a  lupo)  from  a 
wolf,  because  that  god  was  supposed  to  keep  the  wolves  from  the 
sheep,  Serv.  in  Virg.  ./En.  viii.  343.  Hence  the  place  where  he 
was  worshipped  was  called  Lupercal,  and  his  festival  Lupercalia^ 
which  was  celebrated  in  February  ;  at  which  time  the  Lvperci  ran 
up  and  down  the  city  naked,  having  only  a  girdle  of  goat-skmsroand 
their  waist,  and  thongs  of  the  same  in  their  hands,  with  which  they 
struck  those  whom  they  met :  particularly  married  women,  who 
were  thence  supposed  to  be  rendered  prolific,  Ovid.  Fast.  iL  427 
&445. 

There  were  three  companies  (sodalitates)  of  Lvperci ;  two  an- 
cient, called  FABiAia  and  Quintiliani,  (a  Fabio  et  Quintilio  proi" 
positis  ms,  Festus,)  and  a  third,  called  Julh,  instituted  in  honour  of 
Julius  Caesar,  whose  first  chief  was  Antony  ;  and  therefore,  in  that 
capacity,  at  the  festival  of  the  Lupercalia,  although  consul,' be  went 
almost  naked  into  the  forum  Julium,  attended  by  his  lictors,  and  hav- 
ing made  an  harangue  to  the  people,  (nundus  concionatus  est,)  Cic. 
Phil.  ii.  34  &  43.  from  the  Rostra,  he,  according  to  concert,  as  it  is 
believed,  presented  a  crown  to  Caesar,  who  was  sitting  there  in  a 

golden  chair,  drest  in  a  purple  robe,  with  a  golden  diadem,  which  had 
een  decreed  him,  surrounded  by  the  whole  senate  and  people,  ilnd, 
Antony  attempted  repeatedly  to  put  the  crown  on  his  head,  address- 
ing him  by  the  title  of  Kin^,  and  declaring  that  what  he  said  and  did 
was  at  the  desire  "of  his  fellow-citizens,  Dio.  xlv.  31  &  41.  xlvi.  5.' 
But  -CflBsar  perceiving  the  strongest  marks  of  aversion  in  the  people, 
rejected  it,  saying,  tjiat  Jupiter  alone  was  king  of  Rome,  and  there- 


MINISTERS  OF  RELIGION.  965 

fore  sent  the  crown  to  the  Capitol,  as  a  present  to  that  god,  SueL 
Obs.  79.  Cic.  Phil.  iii.  5.  V.  14.  xiii.  8.  15.  19.  Dio.  xlvi.  19.  Fell. 
ii.  56,  Plutarch.  Cas,  p.  736.  Anton,  p.  921.  Appian,  B,  C,  ii.  p. 
496.  It  is  remarkable  that  none  of  the  succeeding  emperors,  in  the 
plenitude  of  their  power,  ever  ventured  to  assume  the  name  of  Kino. 

Aa  the  Luperci  were  the  most  ancient  order  of  priests,  said  to  have 
been  first  instituted  by  Evander,  Ovid.  Fast.  ii.  279.  Liv.  i.  5 ;  so 
they  continued  the  longest,  not  being  abolished  till  the  timeof  Anas- 
tasius,  who  died  A.  D.  518. 

IV.  POTITII  and  PINARII,  the  priests  of  Hercules,  instituted 
by  Evander,  Liv.  i.  7.  Firg.  A^n.  viii.  270.  when  he  built  an  altar 
to  Hercules,  called  Maxima,  after  that  hero  had  slain  Cacus,  Liv.  i. 
7.  said  to  have  been  instructed  in  the  sacred  rites  by  Hercules  him- 
self, Cic.  Dom.  52.  Serv.  in  Virg.  Xn.  viii.  269.  being  then  two  of 
the  most  illustrious  families  in  that  place.  The  Pinarii  happening 
to  come  too  late  to  the  sacrifice,  after  the  entrails  were  eaten  up, 
{extis  adesiSf)  were  by  the  appointment  of  Hercules  never  after  per- 
mitted to  taste  the  entrails,  i6id.  4r  Dionys.  i.  40.  8o  that  they  only 
acted  as  assistants,  in  performing  the  sacred  rites ;  {Et  domus  Her- 
ctiiet  custos  Pinaria  Bocriy  Vii^.  ibid.)  The  Politii,  being  taught  by 
Evander,  continued  to  preside  at  the  sacrifices  of  jflercules  for  ma- 
ny ages ;  (ANTiffrrrKs  sacri  ejiisfuerunt,  Liv.  ibid.  Primusquc  Poiitius 
auctor^  Virg.  ibid.)  till  by  the  authority  or  advice  of  Appius  Claudi- 
us, the  censor,  having  delegated  iheir  ministry  to  public  slaves,  their 
whole  race,  {geniLs  omne,  v.  Gkns,  Potiliorum,)  consisting  of  12  Ja- 
mUim^  became  extinct  within  a  year ;  and  some  time  after  Appius 
lost  his  sight ;  a  warning,  says  Livy,  against  making  innovations  in 
religion,  {quod  dimovendis  statu  suo  sacris  religionem  facere  posset^) 
ix.  29. 

y.  GALLI,  the  priests  of  Cybele  the  mother  of  the  gods,  so  called 
from  Gali«us,  a  river  in  Phrygia,  which  was  supposed  to  make  those 
who  drank  of  it  mad,  so  that  they  castrated  themselves,  FeMus  ;  as 
the  prests  of  Cvbele  did,  Herodian.  1.  11.  Ovid.  Fast.  iv.  361.  (^e- 
nitalia  sibi  absdndebant  cultris  lapideis  vel  Samid  testd^  with  knives 
of  stone  or  Saniian  brick,)  Juvenal,  ii.  116.  vi.  513.  Martial,  iii.  81. 
3.  Plin.  xi.  49.  s.  109.  xxxv.  12.  s.  46.  in  imitation  of  Att/s,  -yis,  At^ 
It*,  "idis,  V.  Attin^  -tnw,  Ovid.  Past.  iv.  223.  &c.  Met.  x.  104.  Ar-  . 
nob.  called  also  Curetes,  Ijucrtt.  ii.  629.  Cory b antes,  Horat. 
Od.  i.  16.  8.  their  chief  Archioallus,  Strv.  in  Virg.  ix.  116.  Plin. 
xxxv.  10.  s.  36.  all  of  Phrygian  extraction,  Dionys.  ii.  19.  who  used 
to  carry  round  the  image  of  Cybele,  with  the  gestures  of  mad  people, 
rolling  their  heads,  beating  their  breasts  to  the  sound  of  their  flute, 
(tihicB  BtrecynthicBn  v.  buxi^  making  a  great  noise  with  drums  and 
cymbals,  Uotat.  Od.  i.  16.  7.  Virg.  Mn.  ix.  619.  Sometimes  also 
cutting  their  arms,  and  uttering  dreadful  predictions,  Lucan.  i.  565. 
Senec.  Mtd.  804.  During  the  festival  called  Hilaria,  at  the  vernal 
equinox,  (viii.  Kal.  April,)  Macrob.  Sat.  i.  21.  they  washed  with 
certain  solemnities  the  image  of  Cybele,  her  chariot,  her  lions,  and 
all  her  sacred  things,  in  the  Tiber,  at  the  conflux  of  the  AJmo^  Ovid^ 

34 


s: 


aee  roman  antiquities. 

Fast.  iv.  337.    They  annually  went  round  the  TtUagefl*  aikiog  ahoPf 

stipetn  emendicanteSf)  ibid.  350.  PonL  i.  i.  40.  Diom/8.  ii.  19.  which 

all  other  priests  were  prohibited  to  do,  Cic.  legg.  ii.  9.  16.     AH  the 

circumstances  relating  to  Cybele  and  her  sacred  rites  are  poetically 

detailed  by  Ovid,  Fast.  iv.  181. 373. 

The  rites  of  Cybele  were  disgraced  by  great  indecency  of  ex« 
pression,  Juvenal,  ii.  1 10.    Augustin.  de  Civ.  Dti^  ii.  14. 

VIRGINES  VESTAIJBS,  (nafdtv.rEtfoi^c^O  Virgins  consecrated 
to  the  worship  of  Vesta,  a  priesthood  derived  from  Alba,  Liv.  i.  90 : 
for  Rhea  Sylvia,  the  mother  of  Romulus,  was  a  Vestal,  Und.  3.  ori- 
inally  from  Trov,  Virg.  Xn.  ii.  296.  first  instituted  at  Rome  hy 
fuma,  Liv.  ibid,  four  in  number,  Dionys.  ii.  64  &  65 ;  two  were 
added  by  Tarquinius  Priscus,  Id.  iii.  67.  or  by  Servius  TuUius,  Plu- 
tarch, in  Mima^  which  continued  to  be  the  number  ever  after,  Dto- 
nyf .  ibid.  Festus  in  SEX. 

The  Vestal  Virgins  were  chosen  first  by  the  kings,  Dumgs.  Und* 
and  after  the  expulsion,  by  the  Pontifex  Maximus  ;  who,  acccMrdiog 
to  the  Papian  law,  when  a  vacancy  was  to  be  supplied,  selected 
from  among  tjie  people,  twenty  ^irls  above  six,  and  below  sixteen 
years  of  age,  free  from  any  bodily  defect,  (which  was  a  requisite 
m  all  priests,  Sacebdos  intbobr  sit,  Stnec.  cantrov.  iv.  2.  P/«- 
tarch.  Q.  Rom.  72.)  whose  father  and  mother  were  both  alive,  and 
free-bom  citizens.  It  was  determined  b^  lot  in  an  assembly  of  die 
people,  which  of  these  twenty  should  be  appointed.  Then  the  Paii- 
tifex  M.  went  and  took  her  on  whom  the  lot  fell,  from  ber  parents, 
as  a  captive  in  war  (manu  prehensam  a  parente  vetuti  bello  captam 
abducebant;)  addressing  her  thus,  Ta,  Amata,  capio  ;  that  being,  ac- 
cording to  A.  Gellius,  the  name  of  the  first  who  was  chosen  a  Vestal : 
Hence  Capere,  Firginem  Vestalem^  to  choose ;  which  word  was  also 
applied  to  the  Flamtfi  Dialis,  to  the  Pontificea  and  augurs,  Gell.  L 
12.  But  afterwards  this  mode  of  casting  lots  was  not  necessary. 
The  Pontifex  M.  might  choose  any  one  he  thought  proper,  with  the 
consent  of  her  parents,  and  the  requisite  qualifications,  (apu9  ratio 
haberi  posset^)  ibid.  Tacit.  Ann.  ii.  86.  If  none  ofiered  vouintarily, 
the  method  of  casting  lots  was  used,  Suet.  Avg.  31. 

The  Vestal  Virgins  were  bound  to  their  ministry  for  thirty  years. 
For  the  first  ten  years  they  learned  the  sacred  ntes ;  for  the  next 
ten,  they  performed  them ;  and  for  the  last  ten,  taught  the  younger 
viiigins,  Senec  de  vit.  beat.  29.  Dionya.  ii,  67.  They  were  all  said, 
prasidere  sacris^  Tacit  Ann.  ii.  86.  ut  a»$idiUB  templi  ANTumTSS, 
V.  -kB,  Liv.  i.  20.  The  oldest  ( Vestalium  vetvatissima^  Tacit  Ann. 
xi.  32.  was  called  Maxibia,  Suet.  Jul.  83.  ii  ^niS^iwM^a^  Dio.  liv.  24 
After  thirty  years'  service  they  might  leave  the  temple  and  marry ; 
which,  however,  was  seldom  done,  and  always  reckoned  ominous, 
Dionys.  ii.  67. 

The  oflSce  of  the  Vestal  Virgins  was, — 1.  to  keep  the  sacred  fiie 
a]way9  burning,  F%or.  \.  2.  Ccstodiunto  ignbm  poci  pobuci  sem- 
FiTEaNUM,  Cic.  legg.  ii.  8,  whence  JEtem<Bqu€  Ve$Uz  obliius,  Horat 
Od.  iii.  5.  11.  watching  it  in  the  njght-time  alternately,  Liv.  xxviii. 


MINISTERS  OF  RBU6I0N.  367 

31 ;  and  whoever  allowed  it  to  go  oat  was  Booarj^edy  {fiagru  emde* 
batur)  by  the  Pianiifex  M.  Valer.  Max.  i.  1.6.  Dionys.  ii.  67.  (nudls 
amdem^  sed  obscuro  loco  et  vela  medio  inierposiio^)  Plutarch.  Num.  p, 
o7.  or  by  his  order,  Iav,  xxriii.  Ii.  This  accident  was  always  es- 
teemed unlucky,  and  expiated  by  offering  extraordinary  sacrifices 
{hostiig  majorihtis  procurari,)  ibid.  The  fire  was  lighted  up  again, 
not  from  another  fire,  but  from  the  rays  of  the  sun,  Plutarch,  ibid. 
in  wbidi  manner  it  was  renewed  every  year  on  the  Ist  of  March ; 
that  da^  being  anciently  the  banning  of  the  year,  Macrob.  Sat.  i. 
13.  Ovtd,  Fast.m.  143. ^2.  to  keep  the  secret  pledge  of  the  em- 
pire, Iffv.  xxvi.  87.  V.  52.  supposed  to  have  been  the  Palladium, 
iMcan.  tx.  904.  or  the  Penates  of  the  Roman  people.  Tacit,  Ann* 
XV.  41.  Dionys,  ii.  66.  called  by  Dio  rm,  1f^ :  kept  in  the  innermost 
reoew  of  the  temple,  visible  only  to  the  virgins,  or  rather  to  the  Veg* 
talis  Maxima  alone;  Lucan,  i6td.  &  i.  598.  Herodian.i,  14.  some- 
times removed  from  the  temple  of  Vesta  by  the  virgins,  when  tu- 
moH  and  slaughter  prevailed  in  the  citv,  Dio,  xlii.  31 ;  or  in  case  of 
fire ;  lib.  34.  It  was  rescued  by  Metellus  the  Pontifex  M.  when  the 
temple  was  in  flames,  A.  U.  513.  lAv,  Ep.  xii(.  Dionys,  ii.  66.  Ovid. 
Fust.  vi.  437.  dec  at  the  hazard  of  his  life,  and  with  the  loss  of  his 
aight,  Plin.  vii.  43.  and  consequently  his  priesthood,  Senee.  contr. 
iv.  S  :  for  which  a  statue  was  erected  to  him  in  the  Capitol,  Dionys. 

ii.  66.  and  other  honours  conferred  on  him,  see  p.  31. And  3. 

to  perform  constantly  the  sacred  rites  of  the  goddess,  Senec,  de  prov, 
5.  Their  prayers  and  vows  were  always  thought  to  have  great  in- 
fluence with  the  cods,  Cic.  Font,  17.  Dio,  xlviii.  19.  Horat,  Od.  i. 
3.  SB.  In  their  devotions,  they  worshipped  the  god  Fhsclnus,  to 
guard  them  from  envy,  Plin,  xxviii.  4.  s,  7. 

The  Vestal  Virgins  wore  a  long  white  robe,  bordered  with  purple : 
their  heads  were  decorated  with  fillets,  (tn/ii/<e,  ^sftfiara,  Dionys.  ii. 

07.  viii.  89.)  and  ribands,  (vtlfce,)  Ovid.  Fast.  iii.  30.  hence  the 
Vestalis  Maxima  is  called  Vittata,  sacerdos,  Ltican,  i.  597.  and 
simply  ViTTATA,  Juvenal,  iv.  10.  their  head  dress,  surriBVLUtf, 
FestuSf  is  described  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.  xvL  41.  s,  85.^but  it  was  afterwards  al- 
lowed to  grow. 

The  Vestal  Virgins  enjoyed  singular  honours  and  privileges.    Tlie 

pnetors  and  consuls  when  they  met  them  in  the  street,  lowered  their 

fasces^  and  went  out  of  the  way  to  show  them  respect.  Sen,  contr.  vi. 

8.  They  had  a  lictor  to  attend  them  in  public,  at  least  after  the  time 
of  the  triumvirate,  Dio.  xlvii.  19.  Stnec.  contr.  i.  3.  Phitarch  says 
always,  in  Mima,  They  rode  in  a  chariot,  (carpento,  v.  pilento,) 
Tacit.  Annal.  xii.  42.  sat  in  a  distinsuished  place  at  the  spectacles, 
Id.  iv.  16.  Suet,  Aug.  44.  were  not  forced  to  swear,  GelL  x.  15.  un- 
less they  inclined,  Tacit.  Annal,  it.  34.  and  by  none  other  but  Ves- 
ta, Senec.  *ibid.  They  miglit  make  their  testament,  although  under 
age :  for  they  were  not  subject  to  the  power  of  a  parent  or  guardian, 
as  other  women,  QtlL  ibid.    Thejlcould  free  a  criminal  from  pu- 


26&  ROMAN  ANTIQUITIES. 

nishment,  if  they  met  him  accidentally,  Plutarch,  in  Numa  ;  and  their 
interposition  was  always  greatly  respected,  Cic.  Font.  17.  Agr.  ii« 
36.  Tacit.  Annal.  xi.  32.  Sutt.  Jul.  1.  Tib.  2.  Fit.  16.  Tacit.  Hist. 
iii.  81.  They  had  a  salary  from  the  public,  Liv.  i.  20.  Suet.  Aug, 
31.  They  were  held  in  such  veneration,  that  testaments  and  the 
most  important  deeds  were  committed  to  their  care,  Sutt.  Jul.  83. 
Aug.  102.  Tacit.  Annal.  i.  8.  Dio.  xlviii.  12.  37.  46.  Tacit.  Annal.  iv. 
16.  and  they  enjoyed  all  the  privileges  of  matrons  who  had  three 
children,  Dio.  Ivi.  10. 

When  the  Vestal  Vii^ins  were  forced  through  indisposition  to 
leave  the  Atrium  Vbstjc,  probably  a  house  adjoining  to  the  temple, 
and  to  the  palace  of  Numa,  Reoia  iMirva  Numjc  ;  if  not  a  part  of  it, 
Ovid.  Trist.  iii.  1 .  30.  Fast.  vi.  263.  where  the  virgins  lived,  they 
were  intrusted  to  the  care  of  some  venerable  matron,  Plin.  Ep.  vii« 
19. 

If  any  Vestal  violated  her  vow  of  chastity,  after  being  tried  and 
sentenced  by  the  Pontijicts,  she  was  buried  alive  with  funeral  solem- 
nities, in  a  place  called  the  campds  scblbratus,  near  the  Porta  Col» 
lina^  and  her  paramour  scourged  to  death  in  the  Forum;  which 
method  of  punishment  is  said  to  have  been  first  contrived  by  Tar- 
quinius  Prisons,  Dionys.  iii.  67.  The  commission  of  this  crime  was 
thought  to  forbode  some  dreadful  calamity  to  the  state,  and  there- 
fore was  always  expiated  by  extraordinary  sacrifices,  Liv.  viii.  15. 
xiv.  xxii.  57.  Ixiii.  Dionys.  i.  78.  ii.  67.  viii.  89.  ix.  40.  Dio.fragm.  91. 
92.  Plutarch :  Q.  Rom.  83.  Ascon.  in  Mil.  12.  Suet.  Dom.  8.  Plin. 
Ep.  iv.  1 1.  Juvenal,  iv.  10.  The  suspected  virtue  of  some  virgins  is 
said  to  have  been  miraculously  cleared,  f^aler.  Max.  viii.  I.  5.  Liv, 
xxix.  14.  Plin.  vii.  35. 

These  were  the  principal  divisions  of  the  Roman  priests.  Concern- 
ing their  emoluments,  the  classics  leave  us  very  much  in  the  dark  ;  as 
they  also  do  with  respect  to  those  of  the  magistrates.  When  Ro* 
mulus  first  divided  the  Roman  territory,  he  set  apart  what  was  suffi- 
cient for  the  performance  of  the  sacred  rights,  and  for  the  support 
of  temples,  Dionys.  ii.  7.  So  Livy  informs  us,  that  Numa,  who  in- 
stituted the  greatest  number  of  priests  and  sacrifices,  provided  a 
fund  for  defraying  these  expenses,  (imde  in  eos  sumptus  pecunioi  ero^ 
garetur,)  i.  20.  but  appointed  a  public  stipend  {slipendiurn  de publico 
statuit^)  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;' Romulus  made  a  law  that  two  men,  above 
fifly,  of  distinguished  rank  and  virtue,  without  bodily  defect,  and 
possessed  of  a  competent  fortune,  should  be  chosen  from  each  curia^ 
to  officiate  as  priests  in  that  curia  or  parish  for  life ;  being  exempt- 
ed by  age  from  military  service,  and  by  law  from  the  troublesome 
business  of  the  city,  ii.  21.  There  is  no  mention  of  any  annual  sa- 
lary. In  after  ages  the  priests  claimed  an  immunity  from  taxes, 
which  the  Pontifices  and  augurs  for  several  years  did  not  pay.    At 


SERVANTS  OF  THE  PRIESTS.  909 

last,  howerer,  the  queestors,  wanting  money  for  public  exigencieSf 
forced  them,  after  appealing  in  vain  to  the  tribunes,  to  pay  up  their 
arrears,  {annorwn^  per  quos  non  dedtrant^  stipendium  exacium  est,) 
Liv.  xzxiii.  42. 8.  44.  Augustus  increased  both  the  digniw  and  emo- 
luments (conmoda)  of  the  priests ;  particularly  of  the  Vestal  Vir- 
gins, Suet.  Aug.  31.  as  he  likewise  first  fixed  the  salaries  of  the  pro* 
▼incial  magistrates ;  Dio.  Hi.  23.  25.  liii.  15.  whence  we  read  of  a 
sum  of  money  (salarium)  being  given  to  those  who  were  di^p- 
potnted  of  a  province,  IcL  78.  S^  xliii.  4.  Ixxviii.  22.  Tacit.  Agnc. 
42.  But  we  read  of  no  fixed  salary  for  the  priests ;  as  for  the  teach- 
ers of  the  liberal  arts,  Swet,  Vesp.  18.  Digest,  and  for  others,  Suet.  Ttb, 
46.  Mer.  10.  When  Theodosius  the  Great  abolished  the  heathen  wor- 
ship at  Rome,  Zosimus  mentions  only  his  refusing  to  grant  the  public 
money  for  sacrifices,  and  expelling  the  priests  of  both  sexes  fi-om 
the  temples,  v.  38.  It  is  certain,  however,  that  sufficient  provision 
was  made,  in  whatever  manner,  for  the  maintenance  of  those  who 
devoted  themselves  wholly  to  sacred  functions.  Honour,  perhaps, 
was  the  chief  reward  of  the  dignified  priests,  who  attended  only  oc- 
casionally, and  whose  rank  and  fortune  raised  them  above  desiring 
any  pecuniary  gratification.  There  is  a  passage  in  the  life  of  Au- 
relian  by  Vopiscus,  c.  15.  which  some  apply  to  this  subject ;  al- 
though it  seems  to  be  restricted  to  the  priests  of  a  particular  temple : 
Pontifices  roboravit  sc.  Jlurelianus,  i.  e.  he  endowed  the  chief  priests 
with  salaries ;  decrevit  etiam  emoltanenta  ministris,  and  granted  cer- 
tain emoluments  to  their  servants,  the  inferior  priests,  who  take  care 
of  the  temples.  The  priests  are  by  later  writers  sometimes  divided 
into  three  classes,  the  antisUtes  or  chief  priests,  the  sacerdotes  or  or- 
dinary priests,  and  the  ministri  or  meanest  priests,  whom  Manilius 
calls  auctoratos  in  tertiaiura  ministros,  v.  350.  but  they  are  distribut- 
ed for  the  most  part  only  into  two  classes,  the  Pontifices  or  Sacer' 
dotes,  and  the  Ministri  ^  as  in  Vopiscus ;  So  in  leg.  14.  Cod.  Theodos. 
dt  pagan,  sacrif.  et  temp  lis. 

SERVANTS  of  the  PRIESTS. 

Th£  priests  who  had  children,  employed  them  to  assist  in  per- 
forming sacred  rites :  but  those  who  had  no  children  procured  free- 
born  boys  and  ffirls  to  serve  them,  the  boys  to  the  age  of  puberty, 
and  the  girls  till  they  were  married.  These  were  called  Camilli 
and  Camilla,  Dionys.  ii.  24. 

Those  who  took  care  of  the  temples  were  called  ^Editui,  or  Xdi- 
tumni  ;  Grell.  xii.  6.  those  who  brought  the  victims  to  the  altar  and 
slew  them,  Popje  ;  Victimarii  and  Cmtrarii  ;  to  whom,  in  particular, 
the  name  of  MINISTRI  was  properly  applied,  Ovid.  Fast.  i.  319. 
iv.  637.  Met.  ii.  717.  Virg.  G.  iii.  488.  Juvenal,  xii.  14.  The  boys 
who  assisted  the  Flamines  in  sacred  rites  were  called  Flaminu  ;  and 
the  girls  Flaminia,  Festus.  There  were  various  kinds  of  musi- 
cians, TibicineSf  Tubidnes,  Fididnes,  &o.  lav.  ix.  30. 


S70  ROBfAN  ANTIQUITIES. 


III.  The  PLACES  and  RITES  of  SJlCRED  THJWGS. 

The  places  dedicated  to  the  worship  of  the  gods  vrere  cdled  tern* 

Elesy  TfiMPLA,  {fana^  dtlubra^  sactaria^  adtt  sacral)  and  conaecnitod 
y  the  augurs :  hence  called  Augvuia.  A  temple  built  by  Agrippa 
in  the  time  of  Augustus,  and  dedicated  to  all  the  gods,  was  called 
Panih&on,  Dio.  liii.  27. 

A  small  temple  or  chapel  was  called  Sactilxxm  or  JCcKetifa.  A 
wood  or  thicket  of  trees  consecrated  to  religious  worship,  was  call* 
ed  Lueus^  a  grore,  Piin.  xii.  6.  P/atil.  Ampk.  v.  1.  43.  The  gods 
were  supposed  to  frequent  woods  and  fotrntains ;  hence  Eist  tods 
9%fefa$  ttstatur  mo,  Locan.  ix.  533. 

The  worship  of  the  gods  consisted  ehiefty  in  prayers,  fowa,  aod 
Mcrifiees. 

No  act  of  religious  worship  was  performed  without  prayer.  The 
words  used  were  thought  of  the  greatest  importance,  and  varied 
accordii^  to  the  nature  of  the  sacrifice,  yaUr.  Mas,  i.  1.  Hence 
the  supposed  force  of  charms  and  incantations,  (ttrba  tt  tneemlA- 
menta  cormtntim,)  Piin.  xxviii.  2.  Horat.  Ep.  i.  I.  34.  When  in 
doubt  about  the  name  of  any  god,  lest  they  should  mistake,  they 
used  to  say,  Quisquis  ss,  Plaut,  Ri%d,  i.  4.  37.  Virg.  JEn.  iv.  577. 
Whatever  occurred  to  a  person  in  doubt  what  to  say,  was  supposed 
to  be  sug^sted  by  some  divinity,  PlauL  Most.  iii.  1.  137.  Apttiei, 
dt  deo  Socralis.  In  the  day-time,  the  gods  were  thought  to  remaiir 
for  the  most  part  in  heaven,  but  to  go  up  and  down  the  earth  during 
the  night,  to  observe  the  actions  of  men,  Plaut.  Rtsd,  ProL  8.  Tiie 
stars  were  supposed  to  do  the  contrary,  Md,    ' 

Those  who  prayed  stood  usually  with  their  heads  covered,  (eo- 
jnXt  velato  vel  operto,)  looking  towards  the  east ;  a  priest  pronounced 
the  words  before  them,  {verba  praibat ;)  they  frequently  touched  die 
altars  or  the  knees  of  the  images  of  the  gods ;  turning  themselvea 
round  in  a  circle,  {in  gyrum  se  converUbantf)  Liv.  v.  31.  towards  the 
right,  Plaut.  Cure.  i.  1.  70.  sometimes  put  their  right  hand  to  their 
mouth,  {dexlram  ori  admovebant ;  whence  adoratio,)  and  also  pros* 
trated  themselves  on  the  ground,  (proctsmbebant  aria  advohdi) 

The  ancient  Romans  used  with  the  same  solemnity  to  oflfer  vp 
vows,  (VOV^ERE,  votafacere^  suscipere,  conripere^  nuneupcare^  &C.> 
They  vowed  temples,  games,  thence  called  Ludi  voHvif  saerifiees^ 
gifls,  a  certain  part  of  the  plunder  of  a  city,  Ac  Also  what  watf  call- 
ed YER  SACkUM,  that  is,  all  the  cattle  which  were  produced  from 
the  first  of  March  to  the  end  of  April,  Liv.  xxii.  9.  10.  xxxtv.  44.  In 
this  vow  among  the  Samnites,  men  were  included,  Fatus  in  Ma- 

MERTINI. 

Sometimes  they  used  to  write  their  vows  on  paper  or  vraxen  ta- 
blets, to  seal  them  up,  {obsignarej)  and  fasten  them  with  wax  to  the 
knees  of  the  images  of  the  gods ;  that  being  supposed  to  be  the  sest 
of  mercy ;  Hence  Genua  incerare  dtorurn^  Juvenal,  x.  55. 


SACRED  RITE&  271 

When  the  things  fer  whidi  they  olfered  up  vows  were  granted,  the 
vows  were  said  vaUre^  €stt  raia^  dec.  but  if  not,  cadere  tnst  irrita,  dec 
The  person  who  made  vows  was  said,  esse  voti  rew  ;  and  when  he 
obtained  his  wish,  {voti  compos^  voti  damnatus^  bound  to  make  good 
his  vow  till  Ke  performed  it,  Macrob.  Sat,  iii.  2.  vel  voto,  Virg.  Ed. 
▼.  80.     Hence  damnabis  tu  quoqiie  votis^  i.  e.  obligabis  ad  voia  sol* 
vomIs,  shall  bind  men  to  penbrm  their  vows  by  grantinff  what  they 
prayed  for,  Virg,  ibid,  reddere  vel  solvere  vota^  to  perform.     Pars 
fradtB  debiia.  Lav,  debiti  vel  meriti  honoresj  merita  dona^  dec.     A 
vowed  feast  {epulum  votivum)  was  called  Polluctum,  Plant,  Rud, 
V.  3. 63.  from  pollucere^  to  consecrate.  Id,  Stick,  i,  3.  80.  henoe 
poUucibiliter  cmnare,  to  feast  sumptuously.  Id,  Most,  i.  1.  23.  Those 
who  implored  the  aid  of  the  gods,  used  to  lie  {incubare)  in  their 
temples,  as  if  to  receive  from  them  responses  in  their  sleep,  Serv. 
in  Virg,  vii.  88.  Cic,  divin,  i.  43.     The  sick  in  particular  did  so  in 
the  temple  of  iEsculapius,  Flout,  Cure,  i.  1.  61.  ii.  2.  10.  6cc 

Those  saved  from  shipwreck  used  to  hang  up  their  clotl)es  in  the 
temple  of  Neptune,  with  a  picture  {tabula  votivd)  representing  the 
Gircumstances  of  their  danger  and  escape,  Virg,  xii.  768.  norat. 
Ofl(.  L  5.  Cic,  Nat,  D,  iii.  37.  So  soldiers,  when  discharged,  used 
to  suspend  their  arms  to  Mars,  gladiators  their  swords  to  Hercules, 
Horai,  Ep,  i.  1.  4.  and  poets,  when  they  finished  a  work,  the  fillets 
of  their  hair  to  Apollo,  Stat,  Sylv.  iv.  4.  92.  A  person  who  had  suf- 
fered shipwreck  used  sometimes  to  support  himself  by  begging,  and 
for  the  sake  of  moving  compassion,  to  show  a  picture  of  hra  misfor^ 
ixmm,  Juvenal,  xiv.  301.  PhcBdr,iy.  21.  24. 

Augustus,  having  lost  a  number  of  his  ships  in  a  storm,  expressed 
his  resentment  against  Neptune,  by  ordering  that  his  image  should 
not  be  carried  in  procession,  with  those  of  the  other  gods,  at  the 
next  solemnity  of  the  Circensian  games,  Suet.  Aug,  16. 

Thanksgivings  {gratiarum  actiones)  used  always  to  be  made  to  the 

Eds  for  benefits  received,  and  upon  all  fortunate  events.  It  was, 
wever,  believed  that  the  gods,  afler  remarkable  success,  used  to 
send  on  men,  by  the  agency  of  Nemesis,  {VijIhix  facinorum  impi^ 
onim,  bonorummu  fraimiatrix,  Marctllin,  xiv.  11.)  a  reverse  of 
fortune,  Liv.  xiv.  41.  To  avoid  which,  as  it  is  thought,  Augustus, 
in  cooseqiience  of  a  dream,  every  year,  on  a  certain  day,  begged  an 
alms  of  the  people,  holding  out  his  hand  to  such  as  offered  him,  {ca^ 
vatn  manum  asses  porrigetiiiims  prcsbens^)  Suet.  Aug.  91.  Dto.  Iiv.35. 
When  a  seneral  had  obtained  a  signal  victory,  a  thanksgiving 
<SUPPLICATIO  vel  supplicium)  was  decreed  by  the  senate  to  be 
made  in  all  the  temples ;  Liv,  iii.  63.  and  what  was  called  a  I^EC- 
TISTERNIUM,  when  couches  were  spread  {lecti  vel  pulvinaria 
stemebaniur,)  for  the  gods,  as  if  about  to  feast ;  and  their  images 
taken  down  from  their  pedestals,  and  placed  upon  these  couches 
around  the  altars,  which  were  loaded  with  the  richest  dishes.  Hence, 
Ad  omnia  pulvinaria  sacrtficatum^  Liv.  xxii.  1.  supplicatio  decreta  est^ 
-Cic,  Cat  iii.  10.  This  honour*  was  decreed  to  Cicero  for  having 
suppressed  the  conspiracy  of  Catiline,  which  he  often  boasts  had 


872  ROMAN  ANTIQUITIES. 

never  been  conferred  on  any  other  person,  without  laying  aaide  hisr 
robe  of  peace,  (togatus^)  Dio.  xxxvii.  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  decreed  in  times  of  danger,  or  public  distress ; 
when  the  women  prostrating  themselves  on  the  ground,  sometimes 
swept  the  temples  with  their  hair,  Liv.  iii.  7.  The  Ltciisttmiwn 
was  first  introduced  in  the  time  of  a  pestilence,  A.  U.  356.  Ltv.  v. 
13. 

It  was  requisite  that  those  who  offered  sacrifices  should  come 
chaste  and  pure ;  that  they  should  bathe  themselves ;  be  dressed  in 
white  robes,  and  crowned  with  the  leaves  of  that  tree  which  was 
thought  most  acceptable  to  the  god  whom  they  worshipped.  Some- 
times also  they  put  on  the  garb  of  suppliants,  with  dishevelled  hair, 
loose  robes,  and  barefooted.  Vows  and  prayers  were  always  made 
before  the  sacrifice. 

It  was  necessary  that  the  animals  to  be  sacrificed  {hoititz  vel  vtc- 
itfTur,  Ovid.  Fast.  i.  335.)  should  be  without  spot  and  blemish,  (de- 
cora et  integrcB  vel  inlactce^  never  yoked  in  the  plough,)  ibid,  u  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,  egregice  eximus,  lectm.  They  were  adorned  with  fillets 
and  ribands,  (infulis  et  vittis,)  Liv.  ii.  54.  and  crowns ;  and  their 
horns  were  gilt. 

The  victim  was  led  to  the  altar  by  the  Popa^  with  their  clothes 
tucked  up  and  naked  to  the  waist,  (gui  succincti  erant  et  ad  ilia  ntuUf 
Suet  Calig.  32.)  the  animal  was  led  by  a  slack  rope,  that  it  might 
hot  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  f 
and  it  was  a  very  bad  omen  if  it  fled  away. 

Then  after  silence  was  ordered.  Civ.  divin.  i.  45.  (see  p.  152.)  a 
salted  cake,  (mola  salsa^  yel  fruges  salsa,  Virg.  iEn.  ii.  133.  Far  el 
mica  salisf  Ovid.  &  Herat,  i.  e.  Far  iostum,  comminuhxm,  et  sale  mt»- 
tum,  bran  or  meal  mixed  with  salt,)  was  sprinkled  {inspergehatur)  on 
the  head  of  the  beast,  and  frankincense  and  wine  poured  between 
its  horns,  the  priest  having  first  tasted  the  wine  himself  and  given  it 
to  be  tasted  by  those  that  stood  next  him,  which  was  called  LIBA- 
TIO,  Serv.  in  Virg.  Mn.  iv.  57.  &c.  and  thus  the  victim  was  said 
esse  mactttf  i.  e.  magis  aucta :  Hence  immolare  et  mactare,  to  sacri- 
fice ;  for  the  Romans  carefully  avoided  words  of  a  bad  omen,  as 
cmdere,  jugular e,  &c.  The  priest  plucked  the  highest  hairs  between 
the  horns,  and  threw  them  into  the  fire ;  which  was  called  Libamima 
PRIMA,  Virg.  Mn.  vi.  246. 

The  victim  was  struck  by  the  cultrarius,  with  an  axe  or  a  mall, 
{malleOf)  Suet.  Calig.  32.  by  the  order  of  the  priest,  whom  he  asked 
thus,  Agone  ?  Ovid.  Fast.  i.  323.  and  the  priest  answered,  Hoc 
AGS ;  Suet.  Calig.  58.  Then  it  was  stabbed  (jugulabatur)  with 
knives ;  and  the  blood  being  caught  (exceptus)  in  goblets,  was  pour- 
ed on  the  altar.  It  was  then  flayed  and  dissected.  Sometimes  it 
was  all  burnt,  and  called  Holocaustvm,  {ex  h>^  totus,  et  xoiw  uro^ 


SACRED  RITES.  S73 

Virg.  ri.  35.  bat  usually  only  a  part ;  what  remained  was  di- 
vided  between  the  priest  and  the  person  who  offered  the  sacrifice 
^qm  sacra  v.  sacrificium  facibbat,  v.  sacris  opbrabatur,  Vir^,  G, 
I.  393.  Tacit.  Jlnnal.  ii.  14.)  The  person  who  cut  up  the  aniinaly 
and  divided  it  into  different  parts,  was  said  ppoMecare  exia,  Liv.  v. 
31.  Plaut.  Poen.  iii.  1. 8.  and  the  entrails  thus  divided  were  called 
Prosicia  or  Phosbcta,  Ovid.  Fast.  vi.  163.  These  rites  were 
common  to  the  Romans  with  the  Greeks ;  whence  Dionysius  con* 
eludes  the  Romans  were  of  Greek  extraction,  vii.  72. 

Then  the  anupices  inspected  the  entrails,  {exta  corufdebanty)  Virg. 
iv.  64.  And  if  the  signs  were  favourable  (si  exta  bona  essent^) 
they  were  said  to  have  offered  up  an  acceptable  sacrifice,  or  to  have 
pacified  the  gods,  {diis  litasse  ;)  if  not,  {si  txta  non  bona  vel  prava  ci 
tristia  essent,)  another  victim  was  offered  up,  {sacnficium  instaura* 
batuvj  vel  victima  succedanea  mactabatur,)  and  sometimes  several, 
Cic,  de  divin.  ii.  36.  38.  Suet.  Cess.  81.  Liv.  xxv.  16.  Serv.  in  Virg. 
iv.  50.  V.  94. 

The  liver  was  the  part  chiefly  inspected,  and  supposed  to  give  the 
most  certain  presages  of  futurity ;  hence  termed  CAPUT  EXTO- 
RUM,  Plin.  xi.  37.  s.  73.  It  was  divided  into  two  parts,  called 
pars  FAMILIAR18,  and  pars  uostilis  vel  inimici.  FVom  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.  divin.  ii.  12.  Lucan,  L 
631.  which  seems  to  have  been  a  protuberance  at  the  entrance  of 
the  blood-vessels  and  nerves,  which  the  ancients  distinguished  by 
the  name  of  fibres ;  thus,  In  imA  Jibrd,  Suet.  Aug.  95.  Ecce  videi 
capiti  Jibrarum  increscere  molrm  !^lterius  capitis,  Lucan.  i.  627.  En 
capita  paribus  bina  consurgunt  toris^  Senec.  CEdip.  356.  Capvi  jed' 
uoris  duplex^  Valer.  Max.  i.  6.  9.  i.  e.  two  lobes,  one  on  each  side 
of  the  fissure  or  cavity,  commonly  called  Porta,  v.  -/<»,  Cic.  Nat.  D. 
ii.  55.  which  Livy  calls  auctum  in  jecinorc,. xxvii.  26.  s.  28.  A  liver 
without  this  protuberancci  {jecur  sine  capite^)  or  cut  off  (caput  jeci' 
noris  casum,)  was  reckoned  a  very  bad  omen ;  (nihil  trislius,)  Cic. 
divin.  i.  52.  ii.  13  &  16.  Liv.  viii.  9.  or  when  the  heart  of  the  vie. 
tim  could  not  be  found  ;  for  although  it  was  known  that  an  animal 
could  not  live  without  the  heart,  Cic.  divin.  ii.  16.  yet  it  was  believ- 
ed sometimes  to  be  wanting;  as  happened  to  Ceesar,  a  little  before 
his  death,  while  he  was  sacrificing,  on  that  day  on  which  he  first 
appeared  in  his  golden  chair  and  purple  robe,  ibid,  h  52.  Valer. 
Max.  i.  6.  13.  whereupon  the  Haruspex  Spurinna  warned  him  ta 
beware  of  the  ides  of  March,  ibid,  ei  Suet.  Jul.  81.  The  principal: 
fissure  or  division  of  the  liver,  (fissum  jecoris  familiare  et  vitale,) 
was  likewi^  particularly  attended  to,  Cic.  Jiat.  D.  iii.  6.  Divin.  i«. 
10.  ii.  13.  14.  as  also  its  "fibres  or  parts,  and  those  of  the  lungs,  ibid^ 
4r  Virg.  G.  i.  484.  JEn.  iv.  6.  x.  176. 

After  the  Haruspices  had  inspected  the  entrails,  the  parts  which, 
fell  to  the  gods  were  sprinkled  with  meal,  wine,  and  frankincense^ 
and  burnt  {udulebaniur  vel  cremabantur)  on  the  altan    The  entrails 

35 


374  ROMAN  ANTIQUITIES. 

were  said,  Diis  darit  rtddi^  eiporridf  {quasi  porrigif  yd  porro  jadf') 
when  they  were  placed  on  the  altars,  {cum  oris  vdjlammia  impane* 
rentuTt)  Virg.  JEn.  vi.  252.  xiL  214.  or  when,  in  sacrificinff  to  the 
Dii  Marini^  they  were  thrown  into  the  sea,  ibidi  v.  774.  Hence,  if 
any  thins  uhluckiljr  fell  out  to  prevent  a  person  from  doing  what  he 
had  resdved  on,  or  the  like,  it  was  said  to  happen  inter  ccua  {bc 
exta)  etporreck^  between  the  time  of  killing  the  victim  and  burning 
the  entrails,  i.  e.  between  the  time  of  forming  the  resolution  and  ex- 
ecuting it,  Ctc  ^U.  V.  16.* 

When  the  sacrifice  was  finished,  the  priest,  having  washed  his 
hands  and  uttered  certain  prayers,  again  made  a  hbation,  and  then 
the  people  were  dismissed  in  a  set  form  of  words ;  Iucbt,  or  ire  liceL 

After  the  sacrifice  followed  a  feast,  {Epula  sacrificales^)  which  in 
public  sacrifices,  was  sumptuously  prepared  by  the  Septemviri  Epu* 
lones.  In  private  sacrifices,  the  persons  who  offered  them,  feast- 
ed on  the  parts  which  fell  to  them,  with  their  friends ;  sacra  tulere 
suam  (partem) ;  pars^  est  data  cetera  mensis^  Ov.  Met  12.  154. 

On  certain  solemn  occasions,  especially  at  funerals,  a  distribu- 
tion of  raw  flesh  used  to  be  made  to  the  people,  called  Viscebatio, 
Liv.  viii.  22.  xxxix.  56.  xli.  28.  Cic.  O/.  ii.  16.  Suet.  Gsi.  38. 
For  viscera  signifies  not  only  the  intestmes,  but  whatever  is  un» 
der  the  hide :  particularly  the  flesh  between  the  bones  and  the  skin, 
Serv.  in  Virg.  Mn.  i.  211.  iii.  622.  vi.  25.3.  Suet.  r%tell.  13. 

The  sacrifices  offered  to  the  celestial  gods,  differed  from  those  of- 
fered to  the  infernal  deities  in  several  particulars. 

The  victims  sacrificed  to  the  former  were  white,  brought  chiefly 
from  the  river  Clitumnus,t  Juvenal,  xii.  13.  Virg.  Georg.  ii«  146*  in 
the  countiT  of  the  Falisci,  Ovid.  Pont,  i  v.  8.  41.  their  neck  was  bent 
upwards,  (sursum  reftectebatur,)  the  knife  was  applied  from  above, 
{imponebalur^)  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  (prona) ;  the  knife  was 
applied  from  below,  {supponebatur,)  and  the  blood  was  poured  iota 
a  aitch. 

Those  who  sacrificed  to  the  celestial  sods,  were  clothed  in  white, 
bathed  the  whole  body,  made  libations  by  heaving  the  liquor  out  of 
the  cup,  (fimdendo  manu  supina,)  and  prayed  with  the  pdms  of  their 
hand^  raised  to  heaven :  those  who  sacrificed  to  the  infernal  gods 
were  clothed  in  black ;  only  sprinkled  their  bod^  with  water,  made 
libations  by  turning  the  hand,  (nfVERGEETDO,  tta  ut  manu  in  sinis'' 
iram  partem  versA  patera  converteretur^)  and  threw  the  cup  into  the 
fire ;  Serv.  in  Virg.  JEn.  vi.  244.  prayed  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  {stata  et  to- 

■  ' 

\  T**?.  P'**''**  analogous  to  this  in  English,  is  expressed  tbns :  betiMen  the  cup 
oud  rat  tip* 

t  It  appear,  from  jfrs.  Pioni's  travels,  that  the  cattle  and  even  birds  on  (his  river 
are  still  whUe,    Glitumniu  is  a  river  in  Umbria. 


SACRED  RITES.  S75 

hmnxa)^  others  occasional,  {forluita  et  ex  accidenti  nata^)  as,  those 
called  expiatory t  for  averting  bad  omens,  (oJ  porterUa  vel  prodigia 
procurandOf  expianda  et  averienda.  vel  averruncandoj  making  atone- 
ment for  a  crime,  (SAcmriciA  piacularia,  ad  crimen  expiandum^ 
and  the  like.  * 

Hmmn  sacrifices  were  also  ofiered  among  the  Romans. — ^By  an 
ancient  law  of  Romulus,  which  Dionysius  calls  vojxoc  v'^o^o^ia^,  Lex 
proditioniSf  iL  10.  persons  ffuilty  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  prastor,  might  devote  not  only  himself,  but  any  one  of 
the  legion,  (ex  legione  Romana^  called  Scripta^  because  perhaps- 
the  aoldiers  not  included  in  the  legion,  the  Velites,  Subitarii^ 
Tumultuarii^  &c.  were  excepted,)  and  slay  him  as  an  expiatory  vic- 
tim, (ptacu/titn,  i.  e.  m  piaculum^  hostiam  ccedere,)  Liv.  viii.  10.  In 
the  first  ages  of  the  republic  human  sacrifices  seem  to  have  been  of- 
fered annually,  MacroL  Sat.  i.  7.  and  it  was  not  till  the  year  of  the 
city  657,  that  a  decree  of  the  senate  was  made  to  prohibit  it ;  ne  ho^ 
mo  inmolaretur^  Plin.  xxx.  i.  «•  3.  Mankind,  says  Pliny,  are  under 
inexpressible  obligations  to  the  Romans  for  abolishing  so  horrid  a 
practice,  {qui  eustulere  monstraf  in  ambus  hominem  occidere  religio 
HfHmum  erat^  mandi  vero  etiam  saluberrimum,)  Ibid.  We  read  how- 
ever of  two  men  who  were  slain  as  victims  with  the  usual  solemni- 
ties in  the  Campus  Martins  by  the  Pontifices  and  Flamen  of  Mars,  as 
late  as  the  time  of  Julius  Caesar,  A.  U.  708.  Dio.  xliii.  24.  Whence 
it  is  supposed  that  the  decree  of  the  senate  mentioned  by  Pliny  re- 
spected only  private  and  magical  sacred  rites,  as  those  alluded  to, 
aorat,  Epod.  5.  Augustus,  after  he  had  compelled  L^  Antonius  to 
a  surrender  at  Perusia,  ordered  400  senators  and  equiies^  who  had 
sided  with  Antony,  to  be  sacrificed  as  victims  at  the  altar  of  Julius 
Csesar,  on  the  ides  of  March,  A.  U.  713.  Dio.  xlviii.  14.  Suetonius 
makes  them  only  300,  ^ug,  15.  To  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  victims  to  Neptune, 
Dio.  xlviii.  48.  Boys  used  to  be  cruelly  put  to  death,  even  in  the 
time  of  Cicero  and  Horace,  for  magical  purposes,  Cic.  Fat.  14.  /fo- 
rat.  Epod.  5. 

A  place  reared  for  ofiering  sacrifices  was  called  Aba  or  Altabe, 
an  altar :  Altaria  {ab  altituditie)  tantum  diis  superis  consecraban^ 
tur  ;  ARA  et  diis  superis  et  inferis^  Serv.  in  Virg.  Eel.  v.  66.  Mn. 
ii.  515.  In  the  phrase,  Pro  aris  etfocis,  ara  is  put  for  the  altar  in 
the  impluvium  or  middle  of  the  house,  were  the  Penates  were  wor- 
shipped ;  and  focus,  for  the  hearth  in  the  atrium  or  hall,  where  the 
Lares  were  worshipped,  Cic.  Dom.  40.  4L  Dejot.  3.  Sext.  42.  PhiL 
ii.  30.  Sallust.  Cat.  52.  A  secret  place  in  the  temple,  where  none 
but  the  priests  entered,  was  called  adytum,  C(rs.  B.  C.  iii.  105.  uni- 
versally revered,  Pausan.  x.  32.  s 

Altars  used  to  be  covered  with  leaves  and  grass,  called  verbena, 
i  «.  berba  sacra,  Serv.  Virg.  Mn.  xii.  120r-  Eel.  viii.  65.  Donai.  Ter. 


W6  ROMAN  ANTlQlTlTlfiS. 


iv.  4.  5.  Horat.  Od.  iv.  11.  7.  adorned  with  flowers,  Ovid  TrisL  lii. 
IS.  15.  Stat.  Theb.  8.  298.  Sil.  16.  30».  and  bound  with  woollen  fil- 
lets, Prop.  iv.  6.  6.  f^irg.  Mn.  it.  459.  therefore  called  ntxa  torques^ 
i.  c.  caroniB,  Id.  G.  iv.  276. 

^Altarsand  temples  aflTorded  an  Asylum  or  place  of  refuge  among 
the  Greeks  and  Romans,  Nep.^  Pans.  4.  Cic.  XaU  D.  iii.  10.  Q.  Hotc^ 
2.  Ovid.  TrisU  v.  2.  43.  as  amon^  the  Jews,  1  Kings^  i.  50.  chieflv 
to  slaves  from  the  cruelty  of  their  master,  TerenL  HtauU  v.  2.  22. 
Plant.  Rud.  iii.  4.  18.  Most.  v.  i.  45.  to  insolvent  debtors  and  crimi* 
nals,  Tacit,  Annal.  iii.  60.  where  it  Vas  reckoned  unlawful  to  touch 
them,  Cic.  Tusc.  i.  35.  Virg.  Mn.  i.  349.  ii.  513.  550.  and  whence 
it  was  unlawful  to  drag  them,  Cic.  Dom.  41.  but  sometimes  they  put 
fire  and  combustible  materials  around  the  place,  that  the  persons 
might  appear  to  be  forced  away,  not  by  men,  but  by  a  god,  (Vulcan,) 
Ptaut.  Most.  V.  i.  65.  or  shut  up  the  temple  and  unroofed  it,  {tectum 
sunt  demoliti^)  that  he  might  perish  under  the  open  air,  J^ep.  Paus» 
5.  p.  63.  hence  ara  is  put  for  refngiwn,  Ovid.  Trist.  iv.  5.  2. 

The  Triumviri  consecrated  a  chapel  to  Caesar  in  the  forum^  on 
the  place  where  he  was  burnt ;  and  ordained  that  no  person  who 
fled  thither  for  sanctuary  should  be  taken  thence  to  punishment ;  a 
thing  which,  says  Dio,  had  been  granted  to  no  one  before,  not  even 
to  a  divinity ;  except  the  asylum  of  Romulus,  which  remained  only 
in  name,  being  so  blocked  up,  that  no  one  could  enter  it,  Dio.  xlvii. 
li).  But  the  shrine  of  Julius  was  not  always  esteemed  inviolable; 
the  son  of  Antony  was  slain  by  Augustus,  .although  he  fled  to  it,  Sutt, 
^ug.  17. 

There  were  various  vessels  and  instruments  used  in  sacrifices ;  as 
acerra  vel  thnribiklum,  a  censer  for  burning  incense ;  simpulwn  vel 
jimpurtiim,  guttum,  capis,  -Idw,  patera,  cups  used  in  libations,  o//«, 

I 

*  Not  only  altan  and  temples,  bat  tombs,  statues,  and  other  monuments  of  consi- 
derable personages,  were  A  tufa  in  ancient  times.  Thus  the  temple  of  JMoaa  at 
Ephesas  was  a  refuge  for  debtors,  and  the  tomb  of  Theteus  for  slaves.  Tlie  oitiea 
■or  refuge,  the  temple,  and  the  nltar  of  burnt  offerings,  were  Asyla  among  the  Jews. 

The  cities  of  TfuLet  and  AlhcTU,  as  well  as  Rome,  were  originally  peopled  by  be- 
ing declared  Asyla. 

Lyoju  and  Vientit  among  the  ancient  Gauls  were  places  of  refuge,  aiid  some  cttiea 
ID  Germ anj/ are  said  still  to  preserve  the  ancient  n^hi  o(  jisylum.  Hence  the  me- 
ilals  of  several  ancient  cities,  particularly  in  Si^ria,  had  the  inscription  AXYAOI,  to 
wliioh  is  added  irpai  ;  which,  according  to  Spanhdnif  referred  to  their  temples,  and 
the  gods  revered  in  them. 

In  London,  the  Verne  of  the  Court,  which  formerly  extended  twelve  miles,  and 
Holyrood  house  in  Edinburgh,  are  considered  as  places  of  exemption  from  arrest  for 
debt  In  certain  cases  to  this  day. 

The  Emperors  Hoiioaius  and  Thkodobius,  having  made^^AnrvAes  Asyla,  the  bishops 
and  monks  laid  hold  of  a  certain  tract  or  territory,  without  which  they  fixed  the 
bounds  of  the  secular  juri>Jiction.  Convents  accordingly,  in  a  «hort  time  became 
next  akin  to  fortresses;  where  the  most  atrocious  villains  were  in  safety,  and  braved 
.the  power  of  the  magistrate. 

These  privileges  were  at  length  extended  to  the  bishops'  houses,  whence  the  crimi- 
nal could  not  be  removed  v^lthout  a  legal  assurance  of  life,  and  an  entire  remission 
of  the  crime. 

The  sanctnarles  were  at  length  stript  of  their  immunities,  because  they  only  served 
AS  an  encouragement  to  gailt,aad  arc  now  every  where  almost  entirely  abolished. 

See  Enejfd.  Brit.  Btackstone,  K  "  '  ' 


IIOMAN  YEAR.  977- 

tripodes^  tripods ;  secures  vel  hipennes,  axes ;  adlri  vel  seeespi" 
Ves,  Sec  But  these  will  be  better  understood  by  representA- 
an  descriptioo. 

/ 
The  ROMAK  YEAR. 

R0XIJI.D8  is  said  to  hare  divided  the  year  into  ten  months ;  the 
first  of  which  vms  called  Martins^  March,  from  Mars  his  supposed 
fatlMr ;  Ovid.  Fast.  \\\.  75  &  98.  the  second  Aprilis,  either  from  the 
Gww'^''  name  of  Venus,  (A^^o^im,)  Ovid.  Fast.  i.  39.  Herat.  Od.  \v. 
because  then  trees  and  flowers  open  (se  aperiunt^)  their  biids« 
ch.  m  .Yuma,  Ovid.  Fast.  iv.  87.  the  third,  Maius^  May,  from 
the  mother  of  Mercury,  or  in  honour  of  the  old,  {majorum^) 
fhst.  V.  427 ;  and  the  fourth,  Junius^  June,  from  the  goddess 
>r  in  honour  of  the  young,  {juniorum.)    The  rest  was  named 
their  number,  QuindHst  Sextilis^  Septtmbtr^  October^  Govern* 
)ecefnberf  ibid,  i.  41.     Quintilis  was  afterwards  callcid  Julius^ 
f ulius  Caesar,  and  Sextilis  Augusttis^  from  Augustus  Caesar ;  be- 
in  it  he  had  first  been  made  consul,  and  had  obtained  remark- 
victories,  Suet.  31.  Dio.  Iv.  6 :  in  particular  he  had  become 
er  of  Alexandria  in  Egypt,  A.  U.  734.  and  fifteen  years  after 
ro  tertio)  on  the  same  day,  probably  the  29th  of  August,  had 
aished  the  Rhaeti,  by  means  of  Tiberius,  Horat.  Od.  iv.  14.  34. 
\.      r  emperors  eave  their  names^to  particular  months,  but  these 
were  forgotten  after  their  death.  Suet.  DonUt.  13.  Plin.  Pan.  54. 

Numa  added  two  months,  called  Januarius^  from  Janus;  and 
Februarius^  because  then  the  people  were  purified  {februabiUur,  i.  e. 
purgabatur  vel  lustrahatur^  by  an  expiatory  sacrifiee  (Februalia) 
from  the  sins  of  the  whole  year ;  for  this  anciently  was  the  last  month 
in  the  year,  Cite,  dt  Legg.  ii.  21.  Ovid.  Fast.  u.  49.  Tibull.  iii.  1.  2. 

Numa,  in  imitation  of  the  Greeks,  divided  the  year  into  twelve 
months,  according  to  the  course  of  the  moon,  consisting  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  10  days,  5 
hours,  49  minutes,  (or  rather  48  minutes,  57  seconds,)  were  wanting 
to  make  the  lunar  year  correspond  to  the  course  of  the  sun,  he  ap- 
pointed that  every  other  year  an  extraordinary  month,  called  Jtfen- 
m  Initrcalaris^  or  Mercedonius^  should  be  inserted  between  the  23d 
and  24th  day  of  February,  Iav.  i.  19.    The  intercalating  of  this 
month  was  left  to  the  discretion  {arbitrio)  of  the  Pontificts :  who,  by 
inserting  more  or  fewer  days,  used  to  make  the  current  year  longer 
or  shorter,  as  was  most  convenient  for  themselves  or  their  friends ; 
for  instance,  that  a  magistrate  might  sooner  or  later  resign  his  office, 
or  contractors  for  the  revenue  might  have  longer  or  shorter  time  to 
collect  the  taxes,  Cic.  de  legg.  ii.  12.  Fam.  vii.  3.  12.  viii.  6.  Att.  v. 
9.  13.  vL  1.  Suet.   Cms.  40.  Dio.  xl.  62.   Censorin.  20.  Macrob.  Sat. 
a  1%    In  consequence  of  this  license,  the  months  were  transposed 
from  their  stated  seasons :  the  winter  months  carried  back  into  au- 
tumn, and  tHb  autumnal  into  summer,  Cic.  Att.  x.  17. 


978  ROMAN  ANTIQUITIEa 

Julias  Caesar,  when  he  became  master  of  the  state,  resolved  to 
put  an  end  to  this  disorder,  by  abolishing  the  source  of  it,  the  use  of 
the  intercalations ;  and  for  that  purpose,  A  U.  707.  adjusted  the 
year  according  to  the  course  of  the  sun,  and  assigned  to  each  month 
the  number  of  days  which  they  still  contain.  To  make  matters 
proceed  regularly,  from  the  1st  of  the  ensuing  January,  he  inserted 
m  the  current  year,  besides  the  intercalary  month  of  li2o  days,  which 
fell  into  it  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  con/imon, 
consisted  of  sixteen  months,  or  445  days.  Suet.  Ccm,  40.  Plin.  xviiL 
35.  Macrob,  Sat.  i.  14.  Censorin,  de  die  Mtt.  20. 

Ail  this  was  effected  by  the  care  and  skill  of  Sosigenes^  a  cele- 
brated astronomer  of  Alexandria,  whom  Caesar  had  brought  to  Rome 
for  that  purpose ;  and  a  new  calendar  was  formed  from  his  arrange- 
ment by  Flavins,  a  scribe,  digested  according  to  the  order  of  the 
Roman  festivals,  and  the  old  manner  of  computing  the  days  by  ka* 
lends,  nones,  and  ides ;  which  was  published  and  authorized  by  the 
dictator's  edict 

This  is  the  famous  JULIAN  or  solar  year,  which  continues  in  use 
to  this  day  in  all  Christian  countries,  without  any  other  Yariation 
than  that  of  the  old  and  new  stt^le  ;  which  was  occasioned  by  a  regu- 
lation  of  Pope  Gregory,  A.  D.  1582 ;  who  observing  that  the  vernal 
equinox,  which,  at  the  time  of  the  council  of  Nice,  A.  D.  325,  had 
been  on  the^^lst  of  March,  then  happenned  on  thp  10th,  by  the  advice 
of  astronomers,  caused  ten  days  to  be  entirely  sunk  and  thrown  out 
of  the  current  year  between  the  4th  and  15tb  of  October:  and.  to 
make  the  civil  year  for  the  future  to  agree  with  the  real  one,  or  with 
the  annual  revolution  of  the  earth  round  the  sun :  or,  as  it  was  then 
expressed,  with  the  annual  motion  of  the  sun  round  the  ediptic, 
which  is  completed  in  365  days,  5  hours,  49  minutes,  nearly,  ordain- 
ed that  every  100th  year  should  not  be  leap  year ;  excepting  the 
400th  ;  so  that  the  difference  will  hardly  amount  to  a  day  in  7000 
years,  or,  according  to  a  more  accurate  computation  of  the  length 
of  the  year,  to  a  day  in  5200  years. 

This  alteration  of  the  style  was  immediately  adapted  in  all  the 
Roman  Catholic  countries ;  but  not  in  Britain  till  the  year  1753, 
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  couU'^ 
tries  of  Europe.  The  same  year  also,  another  alteration  was  made 
in  England,  that  the  legal  year,  which  before  had  begun  the  25ih 
March,  should  begin  upon  the  first  of  January,  which  first  took  place 
1st  January,  1752. 

The  Romans  divided  their  months  into  three  parts,  by  Kcdends^ 
Nones,  and  Idts.  The  first  day  was  called  KALENDiE  vel  Cahn^ 
da  (a  calmido  vel  vocando,)  from  a  priest  calling  out  to  the  people 
that  it  was  new  moon ;  the  5tli  day,  NONiE,  the  nones  ;  the  13th, 
IDUS,  the  ides,  from  tlio  obsolete  verb  tcbiare,  to  divide ;  because 


ROMAN  YEAR  27» 

the  UUi  nearly  divided  the  month.    The  nonet  were  so  called,  be- 
cauae*  counting  incluavely,  they  were  nine  days  from  the  ides^ 

In  March,  May,  July,  and  October,  the  nones  fell  on  the  7th,  and 
the  ides  on  the  15th.  The  first  day  of  the  intercalary  month  was 
called  CAiiBNDiB  iNTEacALARSs,  (ytc.  Qutnt.  25.  of  the  former  of 
those  inserted  by  Cssar.  Kal.  intercalares  friores,  Cic.  Fam* 
vi.  14. — Intra  septimas  Calendas^  in  7  months,  Martial,  i.  100.  6. 
Sexta  kakndtB,  i.  e.  Kalenda  sexti  mensis,  the  first  day  of  June, 
Ovid.  Fast.  vi.  181. 

CsBsar  was  led  to  this  method  of  regulating  the  year  by  observing 
the  manner  of  computing  time  amon^  the  Egyptians ;  who  divided 
the  year  into  12  months,  each  consisting  of  30  days,  and  added  5  in- 
tercalary days  at  the  end  of  the  year,  and  every  fourth  year  6  days, 
Herodot.  ii.  4.  These  supernumerary  days  Caesar  disposed  of  among' 
those  months  which  now  cpnsist  of  31  days,  and  also  the  two  days 
which  he  took  from  February  ;  having  adjusted  the  year  so  exactly 
to  the  course  of  the  sun,  says  Dio,  that  the  insertion  of  one  interca- 
lary day  in  1461  years  would  make  up  the  difference,  Dio.  xliii.  26. 
which,  however,  was  found  to  be  ten  days  less  than  the  truth.  An- 
other difference  between  the  Egyptian  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  came  to  Rome 
every  ninth  day,  (see  p.  79.)  whence  these  days  were  called  Nun- 
hiSMf  quasi  Novendin^  having  seven  intermediate  days  for  work- 
ing, JUacrob.  i.  16.  but  there  seems  to  have  been  no  word  to  denote 
this  space  of  time.  The  time,  indeed,  between  the  promulgation 
and  passing  of  a  law,  was  called  Trinum  NUNDiNi}M,or  Trinundinum, 
Iav.  iii.  35.  Ctc.  Vom.  16.  17.  Phil.  v.  3.  Fam.  xvi.  12 ;  but  this 
might  include  from  17  to  30  days,  according  to  the  time  when  the 
taole  containing  the  business  to  be  determined,  {tabula  promulga^ 
lianis,)  was  hung  up,  and  the  Comitia  were  held.  The  classics  ne- 
ver put  nundlnum  by  itself  for  a  space  of  time.  Under  the  late  em- 
perors, indeed,  it  was  used  to  denote  the  time  that  the  consuls  re- 
mained in  ofilice,  which  then  probably  was  two  months,  Lamprid. 
in  AUx.  Sever.  28  &  43.  so  that  sometimes  there  were  12  consuls  in 
one  year;  hence  nundinum  is  also  put  for  the  two  consuls  them- 
selves, (collegium  consulum)  Yospic  Tac.  9. 

The  custom  of  dividing  time  into  weeks,  {hebdom&deSf  v.  -de  vel 
septimanat)  was  introduced  under  the  emperors.  Dio,  who  flourish- 
ed under  Severus,  says,  it  first  took  place  a  little  before  his  time, 
being  derived  from  the  Egyptians ;  and  universally  prevailed,  xxxvii. 
81.  The  days  of  the  week  were  named  from  the  planets,  as  they 
still  are ;  Dies  Solis,  Sunday  ;  Lunce,  Monday ;  Martis,  Tuesday ; 
Jlfercuni,  Wednesday ;  Jovis^  Thursday ;  Veneris^  Friday ;  Satumi^ 
Saturdi^;  ibid. 

The  Romans,  in  marking  the  days  of  the  month,  counted  back- 
wards. Thus  they  called  the  last  day  of  December  Pridie  Kalendas. 
sc.  ante^  or  Pridie  Kalendarum  JanuarU^  marked  shortly,  Prid.  KaL 


S80 


ROMAN  ANTIQUITIES. 


Jan.  the  day  before  that ;  or  the  30th  December,  Ttrtio  Kat.  Ja^^ 
8C.  die  antty  or  ante  die  Urtiwn  KaL  Jan.  and  so  through  the  ¥^hola 
year;  Thus, 


r                                                                                    =^ 

A  TABLE  of  the  Kalends,  Noma,  and  Idbs.         1 

0 

o  • 

1 

Apr.  June, 
Sepi.  Nov. 

Jan.  Aug. 
December. 

MarchyMay, 
July,  Oct. 

February. 

Kalendce. 

Kalendae. 

KalendsB. 

Kalends. 

2 

IV, 

IV. 

VL 

IV. 

3 

[II. 

IIL 

V. 

III. 

4 

Prid.  Non. 

Prid.  Non. 

IV. 

Prid.  Non. 

5 

NODQB. 

NOQS. 

IIL 

Nonffi. 

6 

VIIL 

VIIL 

Prid.  Non. 

VIIL 

7 

VII. 

VIL 

Non  89. 

VII. 

8 

VL 

VL 

VIIL 

VL 

9V. 

V. 

VIL 

V. 

10 

IV. 

IV. 

VL 

IV. 

11 

III. 

IIL 

V. 

IIL 

12 

Prid.  Id. 

Prid.  Id. 

IV. 

Prid.  Id. 

13 

Id  us. 

Id  us. 

IIL 

Idua. 

14 

XVIII. 

XIX. 

Prid.  Id. 

XVL 

15 

XVII. 

XVIIL 

Idus. 

XV. 

16 

XVL 

XVII. 

XVII. 

XIV.             1 

17 

XV. 

XVL 

XVL 

XIIL 

16 

XIV. 

XV. 

XV. 

XII. 

19 

XIII. 

XIV. 

XIV. 

XL 

20 

XII. 

XIIL 

XIIL 

X. 

21 

XI. 

XII. 

XI L 

IX. 

22 

X. 

XL 

XI. 

VIIL 

23 

IX. 

X. 

X. 

vn. 

24 

VIIL 

IX. 

IX. 

VL 

26 

VIL 

VIIL 

VIIL 

V. 

26 

VL 

VIL 

VIL 

[V. 

27 

V. 

VI. 

VL 

IIL 

28 

IV. 

V. 

V. 

Prid.  Kal. 

29 

IIL 

IV. 

IV. 

Martii. 

30 

Prid.  Cal. 

IIL 

IIL 

31 

Mens.  seq. 

Prid.  KaL 

Prid.  Kal. 

L 

Mens.  seq. 

Mens.  seq. 

1 

In  leap  year,  that  is,  when  Febiijary  has  twenty-nine  days,  which 
happens  every  fourth  year,  both  the  24th  and  25th  days  of  that 
month  were  marked  sexto  Kalendas  Martii  or  Martiae  ;  and  hence 
the  year  is  called  Bissextiles. 


ROMAN  YEAR.  981 

.  The  names  of  all  the  months  are  used  as  substantives  or  adjec- 
tives, except  AprUU^  which  is  used  only  as  a  substantive. 

The  Greeks  had  no  kalends  in  their  way  of  reckoning,  but  called 
the  first  day  of  the  month.vxfj.i)vifl(,  or  new  moon ;  hence  ad  Oracas 
Kalendas  solvere^  for  nunquam^  Suet.  Aug.  87. 

The  day  amonff  the  Romans  was  either  civil  or  natural. 

The  civil  day  (DIES  CIVILIS)  was  from  midnight  to  midniglit 
The  parts  of  which  were,  1.  Media  nox;  2.  Media  noctis  inelinatiOf 
▼e!  de  media  nocU;  3.  Gallicinium,  cock-crow,  or  cock-crowing^ 
the  time  when  the  cocks  begin  to  crow ;  4.  Conticinium^  when  they 
^ve  over  crowing ;  5.  Diluculwn^  the  dawn ;  6.  Mane^  the  morn- 
ing ;  7.  Antemerwanwn  tempus^  the  forenoon ;  8.  Meridies^  noon, 
or  mid*day ;  9.  Tempus  pomeridianum  vel  meridiei  inclination  after- 
noon; 10.  Solis  occasusy  sun-set;  11.  Vespera^  the  evening;  13. 
Creptuctdumj  the  twilight,  {dulnvm  tempus,  noctis  an  dici  sit :  Ideo 
duhim  res  creperse  dictca.  Van*.  L.  L.  vi.  4.^  13.  Prima  fax,  when 
candles  were  lighted,  called  also  j?rim«  teneorcs,  Liv.  Prima  lumina^ 
Horat. — 14  Concubia  nox,  vel  concubium,  bed-time,  Liv.  xxv.  9. — 
15.  Intempesta  nox,  or  silentiimi  noctis,  far  on  in  the  night ;  16.  /fi- 
clinatio  ad  mediam  noctem,  Censorin.  de  die.  nat.  c  34. 

The  natural  day  (DIES  NATURALIS)  was  from  the  risinff  to 
the  setting  of  the  sun.  It  was  divided  into  twelve  hours,  which 
were  of  a  difierent  length  at  different  seasons:  Hence  hora  hibema 
for  brevissima,  Plaut.  Pseud,  v.  3.  II. 

The  night  was  divided  into  four  watches,  Xvigilia  prima,  seeunda, 
&c.)  each  consisting  of  three  hours,  which  were  likewise  of  differ- 
ent length  at  different  times  of  the  year :  thus,  hora  sexta  nocfti, 
midnight ;  Septima,  one  o^clock  in  the  morning ;  Octava,  two,  dec 
Plin.  Ep.  iii.  4. 

Before  the  use  of  dials  {horologia  solaria  vel  sciaterica)  was  known 
at  Rome,  there  was  no  division  of  the  day  into  hours ;  nor  does 
that  word  occur  in  the  Twelve  Tables.  They  only  mention  sun* 
rising  and  sun-setting,  before  and  after  mid-day,  Censorin.  33.  Ac« 
cordmg  to  Pliny,  mid-day  was  not  added  till  some  years  after,  vii.  60. 
an  accensus  of  the  consuls  being  appointed  to  call  out  that  time^ 
{acctnso  consulum  id  pronunciante,)  when  he  saw  the  sun  from  the 
senate-house ;  between  the  Rostra  and  the  place  called  Ga^cosrA- 
SIS,  Plin.  Ufid.  where  ambassadors  from  Greece  and  other  foreign 
countries  used  to  stand,  Farr.  L.  L.  iv.  33.  Cic.  ad  Q.  Fr.  \\.  1, 

Anaximander  or  Anaximenes  of  Miletus,  is  said  to  have  invented 
dials  at  Lacedaemon  in  the  time  of  Cyrus  the  Great,  Plin.  ii.  78. 
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 
Mesala  the  Consul,  who  brought  it  from  Catana  in  Sicily,  in  the 
first  Punic  war,  A.  U.  481.  Plin.  vii.  60.  Gell.  ex  Plaut.  iii.  3.— 
Hence,  ad  folarium  versari,  for  in  foro,  Cic  Quint.  18. — Scipio 
Nasica  first  measured  time  by  water,  or  by  a  clepsydra,  which  serv- 


36 


\ 


282  ROMAN  ANTIQUITIES. 

ed  by  niffht  ftB  well  as  by  day,  A.  U.  595.  i6ul.    (See  p.  209.)  The 
use  of  docks  and  watches  was  unknown  to  the  ttomans.* 

DIVISION  of  DAYS  and  ROMAN  FKSTIFALS. 

Days  arn'ons  the  Romans  were  either  dedicated  to  religious  pur* 

F[>ses^  (DIES  FESTI,)  or  assigned  to  ordinary  business,  (dies  PRO- 
ESTI.)  There  were  some  partly  the  one  and  partly  the  other, 
(dies  INTERSICI,  i.  e.  ex  parte /w/t,  et  ex  parte  ;>rq/e»lt,)  half  ho- 
lidays. 

On  the  Dies  Festi  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 
FERIiE,  holidays,  Cic.  legg.  iL  8.  Divin.  45.  and  were  either  public 
or  private. 

Public  FeruB  or  festivals  were  either  stated,  (STATiE,)  or  annu- 
ally fixed  on  a  certain  day  by  the  magistrates,  or  priests,  (CONCEP- 
TlViE,)  or  occasionally  appointed  by  order  of  the  consul,  the  prse- 
tor,  or  Pontiftx  Maximus,  (Imperativji.) 

The  stated  festivals  were  chiefly  the  following : 

1.  In  January^  AGrONALIA,  in  honour  of  Janus,  on  the  9tb, 
{v.  Id.)  Ovid.  Fast.  i.  318.  &;c.  and  also  on  the  20th  May :  CAR- 
MENTAUA,  in  honour  of  Carmenta,  the  mother  of  Evander,  on 
the  ilth  (11.  Id.) :  Ovid.  ibid.  461.  But  this  was  an  half-holidav, 
{intennsus :)  for  after  mid-day  it  was  dies  prof estus,  a  common  work- 
day. On  the  13th  {Idibus)  a  wether  {vtrvtx  vel  ovis  semimas,  driSf} 
was  sacred  to  Jupiter,  Ovid.  Fast.  i.  588.  On  this  day  the  name  of 
Augustus  was  conferred  on  Caesar  Octavianus,  ibid.  590.  On  the 
first  day  of  this  month,  people  used  to  wish  one  another  health  and 
prosperity,  {omnia  fausta^)  Plin.  28.  2.  s.  5.  and  to  send  presents  to 
their  friends.  (See  p.  55.)  Most  of  the  magistrates  entered  on  their 
office,  and  artists  thought  it  lucky  to  begin  any  work  they  had  to 
perform,  {opera  auspicabanturf)  Senec.  Ep.  83.  Ovid,  et  MartiaL 
passim. 

2.  In  February,  FAUNALIA,  to  the  god  Faunus,  on  the  13tb 
(Id^us) :  LUPERCALLA,  to  Lycsean.    Pan,  on- the  15th,  (xv.  Kal. 

*  The  laveDtion  of  clocks  with  wheels  is  attributed  to  Paei/lruif  Archdeacon  of 
Verona,  who  lived  io  the  time  o{  Lothainut  son  of  Louit  U  Dtbonmair,  on  the  credit 
of  an  epitaph  quoted  by  U£belliand  borrowed  by  him  from  Penvinius.  They  were 
at  first  catied  nocturnal  dutu,  to  distinguish  them  from  sun-dto/s,  which  shewed  the 
hoars  bv  the  sun's  shadow.  Others  ascribe  the  invention  to  Boeihius,  about  the 
▼ear  510.— Some  ranlc  Archinudei^s  sphere,  mentioned,  by  Claudian,  and  that  of 
Petuiontiii,  mentioned  by  Cieero,  among  the  machines  of  this  kind ;  because  they 
had  their  moUon  from  some  bidden  weights  or  springs,  with  wheels,  orpullies,  or 
iome  such  clock-work  principle.  Such  as  are  now  in  use  were  either  first  invented, 
or  at  least  retrieved  in  Germany,  near  the  close  of  the  Idth  century.  The  honour 
of  the  invention  of  Pendulom  clocks  is  disputed  by  Hufff^em  and  G^ilso. 

It  is  certain,  however,  that  the  invention  never  flourished  until  it  came  into  Haiy- 
gem*  hands. 

The  invention  of  spring  or  pocket  watches  is  contended  for  by  fltMffsnt  and  Dr. 
Hookt;  the  time  of  this  invention  was  about  the  year  1668,  and  HooMs  claim  ap- 
pears now  to  be  almost  undisputed.— See  Encyclop.  Brit. 


ROMAN  FEStlVALS.  983 

Mart. ;)  QUIRINALIA,  to  Romulus,  on  the  17th ;  FERALIA, 
^^quod  ium  epulas  ad  sepulckra  amicortan  ferebant,  vel  pecudea  ferie- 
wnij  Festus^)  to  the  Dii  Manes^  on  the  21st,  (Orid  says  the  ITth,) 
and  sometimes  continued  for  several  days ;  after  which  friends  and 
relations  kept  a  feast  of  peace  and  love  (charistia)  for  settling  diife- 
i^nces  and  quarrels  among  one  another,  if  any  such  existed,  f^aUr. 
Max.  ii.  1.  8.  Ovid.  Fast.  ii.  631.  TERMINALIA,  to  Terminus  ; 
REGIFU6IUM  vel  regis  Juga^  in  commemoration  of  the  flight  of 
king  Tarc|uin,  on  the  24th ;  £QUIRIA,  horse  races  in  the  Campus 
JSartius,  in  honour  of  Mars,  on  the  27th. 
^  3.  In  March,  MATRONALIA,  celebrated  by  the  matrons  for  va- 
rious reasons,  but  chiefly  in  memoiy  of  the  war  terminated  between 
the  Romans  and  Sabines,  Ovid.  Fcut.  iii.  170:  on  the  first  day, 
when  presents  used  to  be  given  by  husbands  to  their  wives,  Plaut. 
Ml.  iu.  1, 97.  TUuU.  iii.  1.  Suet.  Vesp.  19. jPe^/um  ANCILIORUM, 
on  the  same  day  and  the  three  following,  when  the  shields  of  Mara 
were  carried  through  the  city  by  the  Sa/n,  who  used  then  to  be  en- 
tertained with  sumptuous  feasts ;  whence  Saliares  dapes  vel  cana^ 
for  lauioi  opipam,  opulent<B^  Horat.  Od.  i.  37.  2.  LIBERALIA,  to 
Bacchus,  on  the  18th,  (xv.  Kal.  Apr.)  when  young  men  used  to  put 
on  the  Toga  virilis^  or  manly  gown  :  QUINQUATRU8,  -uum^  vel 
Qydnquatriaj  Ovid.  Fast.  iii.  810,  Gell.  ii.  21.  in  honour  of  Minerva, 
on  the  19th,  at  first  only  for  one  day,  but  afterwards  for  five ;  whence 
they  got  their  name.  At  this  time,  boys  brought  presents  to  their 
masters,  called  Minervalia.  On  the  last  day  of  this  festival,  and 
also  on  the  23d  March,  (x.  kal.  April.)  the  trumpets  used  in  sacred 
rites  were  purified  (lustrabantur)  by  sacrificing  a  lamb :  hence  it  was 
called  ToBiLnsTRiuii,  vel  -ia.  Ovid.  Fsist.  iii.  849.  v.  725.  HILA- 
RIA,  in  honour  of  the  mother  of  the  gods,  on  the  25th. 

4.  lnApril,MEGALESIA,  or  Megalenses^io  the  great  mother  of 
the  gods,  on  the  4th  or  5th ;  CEREALIA,  or  Ludi  Cereales^  to  Ceres, 
on  the  9th  ;  FORDICIDIA,  on  the  15th,  when  pregnant  cows  were 
sacrificed,  (fordce  boves,  i.  e.  gravida^  q\uB  in  venire  ferunt,)  Ovid. 
Fast.  iv.  5.  622.  PALILIA,  vel  Parilia,  to  Pales,  the  21st  See 
p.  9.)  On  this  day  Csesar  appointed  Circensian  games  to  be  annu- 
ally celebrated  ever  after ;  because  the  news  of  his  last  victory  over 
Labienus  and  the  sons  of  Pompey  at  Munda  in  Spain,  had  reached 
Rome  the  evening  before  this  festival,  Dio.  xliii.  42.  ROBIQALIA, 
(o  Robigus,  that  he  would  preserve  the  com  from  mildew,  (a  Rubi' 
gine,)  on  the  25th ;  FLORALI A,  to  f^ora  or  Chloris,  (ut  omnia  bene 
dtflorescerent,  shed  their  blossoms,  Plin.  xviii.  29.)  begun  on  the 
28th,  and  continued  to  the  end  of  the  month,  attended  with  great  in- 
decency, Laciant.  i.  20.  10.  Scholiast,  in  Juvenal,  vi.  249.  which  is 
said  to  have  been  once  checked  by  the  presence  of  Cato,  Senec.  Ep. 
97.     Martial,  i.  3.  &  pr<Bf,  Valer.  Max.  ii.  10. 8. 

^  In  May  on  the  kalends  were  performed  the  sacred  rites  of  the 
Bonm  Dea  by  the  Vestal  Virgins,  and  by  women  only,  (cum  omne 
masculum  expellebatur,  Juvenal,  vi.  339.)  in  the  house  of  the  consul 
and  prastors,  for  the  safety  of  the  people,  Dio^  xxxvii.,  35  &  45. 


S84  ROMAN  ANTIQUITIES. 

On  tUf  day  also  an  altar  was  erected  {comtitutaf)  and  a  sacrifioa 
offered  to  the  Lares^  called  Pnestites,  {quod  omnia  tuta  prtBsianif) 
Ovid.  Fast  v.  133.  on  the  2d.  COMPITALIA,  to  the  Larei  in  the 
public  ways,  at  which  time  boys  are  said  anciently  to  have  been  sa» 
crificed  to  Mama  the  mother  of  the  Lares  ;  but  this  cruel  custom 
was  abolished  by  Junius  Brutus,  Macrob.  SaL  u  7.  On  the  SHh, 
IJBMURIA,  to  the  Lemures^  hobgoblins  or  spectres  in  the  dark, 
which  were  believed  to  be  the  souls  of  their  deceased  friends,  (mo- 
fut  paterrii.)  Sacred  rites  were  performed  to  them  for  three  nights^ 
not  successively,  but  alternately  for  six  days,  Ovid.  Fast,  v.  429 ; 
on  the  13th^  or  the  ide^  the  images  of  thirty  men  made  of  rushes, 
(suniUacra  scrwea  virorwn,)  called  Jlrgd^  were  thrown  from  the  Sub* 
ucian  bridges  by  the  Vestal  Virgins,  attended  by  the  magistrates  and 

Eriests,  in  place  of  that  number  of  old  men,  which  used  anciently  to 
e  thrown  from  the  same  bridge  into  the  Tiber,  Ftstus  in  Dcporta- 
Ni,  Varr.  de  Lai.  ling.  vii.  3.  Ovid.  Fast.  v.  621.  inc.  On  the  same 
day  was  the  festival  of  merchants,  (Jestum  mercatorum^)  when  they 
ofliered  up  prayers  and  sacred  rites  to  Mercury ;  on  22d,  (k.  kaL 
JTun.)  VULCANALIA,  to  Vulcan,  called  TlAilustria,  because  then 
the  sacred  trumpets  were  purified,  ibid.  725. 

6.  In  June,  on  the  kalends  were  the  festivals  of  the  goddess  Car- 
HA,  {aucevitalibus  humanis  praerat^)  of  Mars  Extramuraneus^  whose 
temple  was  without  the  Porta  Capena,  and  of  Juifo  Moneta  ;  on  the 
4th,  of  Bellona  ;  on  the  7th,  Ludi  Piscatorii ;  the  9th,  Vbstaua, 
to  Vesta  ;  10th,  Matraiia,  to  mother  Matuta^  &c.  With  the  fes- 
tivals of  June,  the  six  books  of  Ovid,  called  Fasti,  end ;  the  other  six 
are  lost 

7.  In  July,  on  the  kalends,  people  removed  {cnmmigrabant) 
from  hired  lodgings,  Cic.  ad  Q.  Fratr.  ii.  3.  Fam.  xiii.  2.  Suet.  Tib. 
35 ;  the  fourth,  the  festival  of  Female  Fortune^  in  memory  of  Cori* 
olanus  withdrawing  his  army  from  the  city,  Liv.  ii.  40 ;  on  the  5th, 
Ludi  Appollinares,  Liv.  xxv.  12.  xxvii.  23 ;  the  12th,  the  birth- 
day of  Julius  Cassar ;  the  15th,  or  ides,  the  procession  of  the  Equiie$^ 
(see  p.  32.)  and  the  16th,  DIES  ALLIENIS,  on  which  the  Romans 
were  defeated  by  the  Gauls,  {dies  ater  et  /unestes,)  Cic.  Att  ix.  5. 
ETuet  Vit.  2 ;  the  23d,  Neptunaua. 

8.  In  August  on  the  13th,  or  ides,  the  festival  of  Diana;  19th, 
ViNAUA,  when  a  libation  of  new  vrine  was  made  to  Jupiter  and 
Venus,  Plin.  xviii.  29 ;  18th,  Consuaua,  games  in  honour  of  ConsuSf 
the  god  of  council  or  of  Equestrian  Keptune  ;  at  which  the  Sabine 
women  were  carried  off  by  the  Romans,  Liv.  L  9 ;  the  23d,  Volca- 
MAUA,  Plin.  Ep.  iii.  5. 

9.  In  September,  on  the  4th,  {Prid.  Non.)  Ludi  Magni  or  Ro- 
lf ani,  in  honour  of  the  great  gods,  Jupiter,  Juno,  and  Minerva,  for 
the  safety  of  the  city;  on  the  13th,  the  consul  or  dictator  {Prmtor 
MOximus)  used  anciently  to  fix  a  nail  in  the  temple  of  Jupiter;  Liv. 
vii.  3 ;  the  30th,  Meditrinalia,  to  Meditrina,  the  goddess  of  curing 
or  healing,  {medendi^)  when  they  first  drank  new  wine. 

10.  In  October,  on  the  12th,  Augustalia  vel  Ludi  Augu$ialt$, 


ROKAN  FESTIVALS.  SgS 

Taoit  AmiftL  L  15 ;  the  I3th,  Faumua  ;  the  lothi  or  idei,  a  hone 
WM  sacrificed,  called  Equus  Octobrts^  ▼.  -fter,  becatawe  Troy  was 
^  supposed  to  have  been  taken  in  this  month  by  means  of  a  horse.  The 
tail  was  brought  with  great  speed  to  the  Regia  or  house  of  the  Pon^ 
iffeaJU*  that  its  blood  might  drop  on  the  hearth,  Festits. 

IL  In  November,  on  the  I3th,  there  was  a  sacred  feast  called 
Efulvon  Jovis  ;  on  the  27th,  sacred  rites  were  performed  on  account 
pf  two  Greeks  and  two  Gauls,  a  man  and  a  woman  of  each,  who 
were  buried  alive  in  the  ox  market;  Liv.  xxii.  57.  Plutarch*  quasU 
83.  &  in  MaretHo  ;  Piin.  xxviii.  2.  s.  3. 

12.  la  December,  on  the  5th,  or  nones,  FAUNALIA,  HoraL  Od. 
iiL  18 ;  on  the  17th,  (xvi.  Kal.  Jan.)  SATURNALIA,  the  feasts  of 
Saturn,  the  most  celebrated  of  the  whole  year,  when  all  ordem 
were  devoted  to  mirth  and  feasting ;  friends  sent  presents  to  <xie  an« 
other.  Suet,  ^ug.  75.  Vesp.  19.  Stat,  Silv.  vi.  9.  and  masters  treated 
their  slaves  as  if  upon  an  equal  footing:  Horat.  Sa^  ii.  7.  at  iBrst 
for  one  day,  lAv.  iL  21.  xxii.  1.  afterwards  for  three,  and  by  the  or* 
der  of  Cal^ula,  for  five  days,  Dio.  lix.  6.  Suet,  Claud.  17.  jlfacrot. 
«5al.  i.  10.  So  Claudius,  *Dio,  h:.  25.  Two  days  were  added,  call* 
ed  Sioiij:.aria,  (a  sigillis)  from  small  images,  which  then  used  to 
be  sent  as  presents,  especially  by  parents  to  their  children,  Macrob. 
ibid.  On  the  23d,  1/A.urentinai.ia,  in  honour  of  Laurentia  Accat 
the  wife  of  Faustulus,  and  nurse  of  Romulus,  Varr,  L.  L.  v.  3. 

The  FERIiE  CONCEPTIViE,  which  were  annually  appointed 
{cancipiebantur  vel  indiceba^tur)  by  the  magistrates  on  a  certain  day, 
were 

1.  FERLE  LATINiE,  the  Latin  holidays,  (see  p.  65.)  first  ap* 
pointed  by  Tarquin  for  one  day,  Liv.  i.  55.  After  tne  expulsion  of 
the  kings  they  were  continued  for  two,  then  for  three,  and  at  last  for 
four  days,  Liv.  vi.  42.  The  consuls  always  celebrated  the  Latin 
ferity  before  they  set  out  to  their  provinces;  and  if  they  had  not 
been  rightly  performed,  or  if  an^  thing  had  been  omitted,  it  waa 
necessary  that  they  should  be  agam  repeated,  {instimrari^)  Liv.  pas- 
sim. 

.3.  PAGANALIA,  celebrated  in  the  villages,  {inpagis)  to  the  tu- 
telary ffods  of  the  rustic  tribes.    See  p.  75. 

3.  SEMENTIV^,  in  seed-time  for  a  good  crop,  f^arr.  ibid. 

4.  COMPITALlAy  to  the  Lares^  in  places  whece  several  ways 
met,  (in  conwitis.) 

FERIiE  Uf  PERATlViE,  were  holidays  appointed  occasionally; 
as,  when  it  was  said  to  have  rained  stones.  Sacrum  novendialb  vet 
feria  per  novem  dies,  for  nine  days,  Liv.  i.  31 ;  for  expiating  other 
prodigies,  Liv.  iii.  5.  xxxv.  40.  xlii.  2 ;  on  account  of  a  victory;  &cr 
to  winch  may  be  added  Justitium,  (cum  jura  stanty)  a  cessation 
from  business  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.  AnnaL  ii.  82.  Sopplicatio  et  Lectis* 
TERNiuM,  &c.  See  p.  271. 
FerifB  were  privately  observed  by  families  and  individuals  on  ac« 


886  ROMAN  ANTIQUITtES. 

Goant  of  birth-dajrs,  {Npodigies,  &c.  The  birth-day  c^  the  empercnv 
was  celebrated  with  sacrinces  and  various  games,  as  that  of  Augos- 
tua,  the  23d  September,  Dio.  lii.  8.  26.  34.  The  games  then  ode- 
brated  were  called  August  alia,  Dio.  Ivi.  29.  as  well  as  those  on  the 
12th  of  October,  (iv.  Id.  Octob.)  in  commemoration  of  his  return  io 
Rome,  Dio.  liv.  10.  Ivi.  46.  which  Dio  sajm  continued  to  be  ob* 
served  in  his  time,  under  Severus,  liv.  34. 

DIES  PROFESTI,  were  either  Fasti  or  MfoBti,  &c.     (See  p. 
5282.)    AuiM^mce,  quasi  XovenduBf  (see  p.  76.)  maAet-days,  which 
happened  ^very  ninth  day ;  when  tliey  fell  on  the  first  day  of  the 
year  it  was  reckoned  unlucky,  Dio.  xl.  47.  Macrob.  Sat.  i.  13.  and 
therefore  Augustus,  who  was  very  superstitious,  Stut.  Aug.  92.  used 
to  insert  a  day  in  the  foregoing  year  to  prevent  it,  which  day  was  ta- 
ken away  from  the  subsequent  year,  that  the  time  might  agree  with 
die  arrangement  of  Julius  Ceesar,  Dio.  xlviii.  33.  Praliares,  fight* 
mg  days,  and  non  pmliares  ;  as,  the  days  after  the  kalends,  nonesi^ 
and  ides  ;  for  they  oelieved  there  was  something  unlucky  in  the  word 
posty  after,  and  therefore  they  were  called  Dies  religiosi^  atri  vel  m- 
jausti  ;  Ovid.  Fast.  L  58.  as  those  days  were,  on  which  any  remark- 
able disaster  had  happened  ;  as,  Dies  Alliensis,  Ac.  Liv.  vi.  1.    The 
ides  of  March,  or  the  15th,  was  called  Parricidiuic  ;  because  on  that 
day,  Cssar,  who  had  been  called  Patkr  Patria,  was  slain  in  the 
senate-house,  Suet.  Cas.  85  &  68.     Conclave^  in  quo  cmsuM  fwttai^ 
obstructum  et  in  latrinam  conversum^  Dio.  xlvii.  19. 

As  most  of  the  year  was  taken  up  with  sacrifices  and  holy  dajrs, 
to  the  great  loss  of  the  public,  Claudius  abridged  their  numbei;,  Ilto. 
Ix.  17. 

ROMAN  GAMES. 

Gambs  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  god ;  and 
were  either  stated,  {Lndi  ST  ATI,)  the  chief  of  which  have  been  al- 
ready enumerated  among  the  Roman  festivals ;  or  vowed  by  gene- 
rals m  war,  (VOTIVI,)  or  celebrated  on  extraordinary  occasions, 
(EXTRAORDINARU.) 

At  the  end  of  every  110  years,  games  were  celebrated  for  the 
safety  of  the  empire,  for  three  days  and  three  nights,  to  Apollo  and 
Diana,  called  Ludi  SiECULARES.  (See  p.  153.)  But  tliey  were 
not  regularly  performed  at  those  periods. 

The  most  famous  games  were  those  celebrated  in  the  Circus 
Maxtmus  ;  hence  called  Ludi  Circenses  ;  of  which  the  chief  were 
Ludi  Romani  vel  Magni^  Liv.  i.  35. 


ROMAN  GAMES.  287 


1.  LUDI  C/RCEJVSES  * 

Thb  Circus  Maximui  was  first  built  by  Tarquinius  Priscus,  and  af- 
terwards at  different  times  magnificently  adorned.  It  lay  betwixt  the 
Palatine  and  Aventine  hills,  and  was  of  an  oblong  aVcK/ar  fonn,whence 
it  had  its  name.  The  length  of  it  was  three  stadia,  or  furlongs  and 
a  half*  i.  e.  437i  paces,  or  2187i  feet :  the  breadth  little  more  than 
one  stadium,  with  rows  of  seats  all  around,  called  Fori  or  spectacula, 
(i.  e.  stiilia  unde  spectarent,)  rising  one  above  another,  the  lowest 
of  stone  and  the  hi^est  of  wood,  where  separate  places  were  al- 
lotted to  each  Curia,  and  also  the  Senators  and  to  the  Equitts  ;  but 
these  last  under  the  republic,  sat  promiscuously  with  the  rest  of 
the  people.  (See  page  14.)  It  is  said  to  have  contained  at  least 
150,000  persons,  Dionys,  iii.  68.  or,  according  to  others,  above 
double  that  number;  according  to  Pliny,  250,000,  Plin.  xxxvi.  15. 
s»  24.  Some  moderns  say  380,000.  Its  circumference  was  a  mile. 
It  was  surrounded  with  a  ditch  or  canal,  called  Eurjpus,  ten  feet 
broad  and  ten  feet  deep ;  and  with  porticoes  three  stories  high  (^rom 
rgKsyat) ;  both  the  work  of  Julius  Caesar.  In  different  parts  there 
were  proper  places  for  the  people  to  go  in  and  out  without  distur- 
bance. On  one  end  there  were  severalopenings,  {octia,)  from  which 
the  horses  and  chariots  started,  {emittebantur,)  called  CARCERES 
▼el  Lepagula,  and  sometimes  Career,  {quod  equos  coei*cebat,  ne  exi- 
rent,  priusquam  magistratus  signum  mitteret,  Varro.  L.  L.  iv.  92. ) 
first  Duilt  A.  U.  425.  Liv.  viii.  20.  Before  the  career es  stood  two  small 
statues  of  Mercury,  (Hermuli,)  holding  a  chain  or  rope  to  keep  in  the 
horses,  Cassiodor.  yar.  Ep.  iii.  51.  in  place  of  which  there  seems 
sometimes  to  have  been  a  white  line,  (alba  linea,)  or  a  cross  furrow 
filled  with  chalk  or  lime,  ibid,  at  which  the  horses  were  made  to 
stand  in  a  strai|^ht  row  (frontibus  cequabantur,)  by  persons  called  mo- 
RATOREs,  mentioned  in  some  ancient  inscriptions.  But  this  line, 
called  also  Crbta  or  Calk,  seems  to  have  been  drawn  chiefly  to 
mark  the  end  of  the  course,  or  limit  of  victory,  {ad  victoria  notum^) 
Plin.  XXXV.  16.  s.  58.  Isidor.  xviii.  37.  to  which  Horace  beautifiiUy 
alludes.  Mors  ultima  linea  rerum  est,  £p.  i.  16.  fin. 

On  this  end  of  the  circus,  which  was  in  the  form  of  a  semicirclei 
were  three  balconies  or  open  galleries,  one  in  the  middle,  and  one  in 
each  comer :  called  Mjbniana,  from  one  Msenius,  who,  when  he  sold 
his  house  adjoining  to  the  Forum,  to  Cato  and  Flaccus  the  censors, 
reserved  to  himself  the  right  of  one  pillar,  where  he  might  build  a 
projection/whence  he  and  his  posterity  might  view  the  shows  of  gla- 
diators, which  were  then  exhibited  in  the  Forum,  Ascon.  in  Cic.  Suet. 
Cat.  18. 

In  the  middle  of  the  Circus^  for  almost  the  whole  length  of  it,  there 
was  a  brick  wall,  about  twelve  feet  broad,  and  four  feet  high,  called 
SraiA,  Scholiast  in  Juvenal,  vi^  587.  Cassiod.  Ep.  iii.  51.  at  both  the 

0  Biaaehini  jnippofes  these  to  have  relation  to  the  traditioni  of  the  creation,  &e. 


388  ROMAN  ANTIQUITIES. 

extremities  of  which  there  were  three  columns  or  pyramids  on  one 
base,  called  Jif  ETiE,  or  goals,  round  which  the  horses  and  chariots 
turned,  (flectebant^)  so  that  they  always  had  the  spina  and  meUB  on 
their  left  hand,  Ovid.  Am.  iiL  d5.  Lucan,  viii.  200.  contrary  to  the 
manner  of  running  among  us.  Whence  a  earceribua  ad  mctam  v^l 
ctUcem^  from  beginning  to  end,  Cic.  Am.  27.  Sen.  23. 

In  the  middle  of  the  spina  Augustufi  erected  an  obelisk  132  feet 
high,  brought  from  Egypt ;  and  at  a  small  distance  another  88  feet 
kiffh.  Near  the  first  Mtta^  whence  the  horses  set  off,  there  were  seveo 
omer  pillars,  either  of  an  oval  form  or  having  oval  spheres  on  their 
top  called  OVA,  Varr.de  re  Rust.  i.  2.  11.  which  were  raised  or 
rather  taken  down,  {iollebantur^  ibid.)  to  denote  how  many  rounds 
the  charioteers  had  completed,  one  for  each  round ;  for  they  usually 
ran  seven  times  round  the  course.  Above  each  of  these  ova  wa3 
engraved  the  figure  of  a  dolphin.  These  pillars  were  called  FA- 
liM  or  PHALJB.  Some  think  there  were  two  different  kinds  of  pil- 
lars, one  with  the  figure  of  an  ovum  on  the  top,  which  were  erected 
at  the  Meia  prima  /  and  another  with'  the  figure  of  a  dolphin,  whicii 
stood  at  the  Meta  tdtima  ;  Juvenal  joins  them  together,  Considit  an- 
ie  falas  delpfUnorumque  columnas^  vi.  589.  They  are  said  to  have 
been  first  constructed,  A.  U.  721.  by  Agrippa,  Dio.  xlix.  43.  but 
ova  ad  metas  curriculis  numerandis,  are  mentioned  by  Liyy  long* 
before  A.  U.  577.  Liv.  xH.  27.  as  they  are  near  600  years  after  by 
Cassiodorus,  iii.  Var.  Ep.  51.  The  figure  of  an  egg  was  chosen  in 
honour  of  Castor  and  Pollux,  {Dioscuri^  i.  e.  Jove  nalif  Cic  Nat*  D« 
iii.  21.  agonum  presides ;;)  and  of  a  dolphin  in  honour  of  Neptune, 
TertuUian.  Spectac.  8.  also  as  being  the  swiftest  of  animals,  P^i^  i^ 

Before  the  games  began,  the  images  of  the  gods  were  carried  in 

Jrocession  on  carriages  and  in  frames,  {in  thensis  et  ferculis^)  Suet, 
ul.  76.  Ovid.  Amor.  iii.  2.  44,  Cic.  Verr.  5.  72.  or  on  men^s  shoul- 
ders, with  a  great  train  of  attendants,  part  on  horseback,  and  part 
on  foot  Next  followed  the  combatants,  dancers,  musicians,  &c. 
When  the  procession  was  over,  the  consuls  and  priests  performed 
sacred  rites,  Dionys.  vii.  72. 

The  shows  (speetacula)  exhibited  in  the  Circus  Maxmus,  were 
chiefly  the  following : 

1.  Chariot  and  horse-races,  of  which  the  Romans  were  extravft* 
gantly  fond. 

The  charioteers  {agitalores  vel  aurigai)  were  distributed  into  four 
parties  (greges)  or  factions,  distinguished  by  their  difierent  dress  or 
livery ;  /actio  alba  vel  albata^  the  white ;  rttssata^  the  red ;  vtnetm^ 
the  sky-coloured  or  sea-coloured ;  srid  prannttj  the  green  factbn; 
to  which  Domitian  added  two,  called  the  golden  and  purple,  {/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 ;  (Mmc  /avent  pannOf  pannum  amant^) 
Plin.  Ep.  ix.  6.    In  the  time  of  Justinian,  no  less  than  30,000  men 


.    ROMAN  GAMES.  tM 

are  said  to  have  lost  their  lives  at  Constantinople  in  a  tumult  rinsed 
by  contention  among  the  partisans  of  these  several  colours,  Procop, 
Be  Urn  Pen,  i. 

The  order  in  which  the  chariots  or  horses  stood,  was  determined 
by  lot ;  and  the  person  who  presided  at  the  games  gave  the  signal 
for  starting  by  dropping  a  napkin  or  cloth,  mappA  ^el  panno  miB»o.* 
Then  the  chain  of  tne  Hermuli  being  withdrawn,  they  sprung  for« 
ward,  and  whoever  first  ran  seven  times  round  the  course  was  vic- 
tor, Propert.  n.  25.  26.  1.  Senec.  Ep.  30.  Ov.  Hal.  68.  This  was 
called  one  match :  {unus  MISSUS,  -dv,)  for  the  matter  was  almost 
always  determined  at  one  heat ;  and  usually  there  were  twentv*five 
of  these  in  one  day,  so  that  when  there  were  four  factions,  and  one 
of  these  started  at  each  time,  100  chariots  ran  in  one  day,  Serv.  in 
Virg,  G.  iii.  18.  (cen/tim  quadrajugi)  sometimes  many  more  ;  but 
then  the  horses  commonly  went  only  five  times  round  the  course. 
Suet.  Claud.  21.  Ker.  22.  Domit.  4. 

The  victor,  being  proclaimed  by  the  voice  of  a  herald,  was  crown- 
ed, Smti.  Calig.  32.  Virg.  Mn.  iii.  245.  and  received  a  prize  in  mo- 
ney of  considerable  value,  Jlfar^ia/.  x.  50. 74.  Juvenal,  vii.  113. 

ralms  were  first  given  to  the  victors  at  games,  after  the  manner 
of  the  Greeks ;  and  those  who  had  received  crowns  for  their  brave- 
ly in  war,  first  wore  them  at  the  games,  A.  U.  459.  Liv.  x.  47.— 
The  palm  tree  was  chosen  for  this  purpose,  because  it  rises  against 
a  weight  placed  on  it,  {adversut  pondus  resurgit  ei  sursum  m^tiiir,) 
GelL  liL  &  Plin.  xvL  42.  s.  81.  12.  hence  put  for  any  token  or 
prize  of  victory,  Horat.  Od.  i.  1.  5.  Juvenal,  xi.  181.  or  for  victory 
Itself,  Firg.  G.  iii.  Ovid.  TVist.  iv.  8.  19.  Palma  lemniscata^  a  palm 
crown  with  ribands  {lemnisci)  hanging  down  from  it,  Cic.  Rose  Am. 
25.  Festus.  Huic  consilio  palman  doy  I  value  myself  chiefly  on  ac- 
coimt  of  this  contrivance,  Ter.  Heaut.  iv.  3.  31. 

2.  Contests  of  agility  and  strength,  of  which  there  were  five 
kinds;  running,  {cursus ;)  leaping,  {saltua ;)  boxing,  (pugilatusf) 
wrestling,  {lucta  ;)  and  throwing  the  discus  or  quoit  (disci  jaciua  f\ 
hence  called  PentalUum^  vel  -on,  (Lalini  Quinquertium,  Festusj^ 
or  Certamen  Athleticum  vel  Gvmnicumy  because  they  contended  na- 
ked, (/vfiivoi,)  with  nothing  on  but  trowsers  or  drawers,  (subligarUnu 
tantwn  velati,)  whence  GYMNASIUM,  a  place  of  exercise,  or  a 
school.  This  covering,  which  went  froip  the  waist  downwards,  and 
supplied  the  place  of  a  tunic,  was  called  CAMPfiSTBE,  Horat.  Ep.  i. 

*  ''  The  person  at  whose  eipense  the  games  were  given,  sat  over  the  middle  en- 
trance.  It  was  from  hence  that  the  signal  was  made  for  the  chariots  to  start.  At 
irst  torches  were  used ;  bat  afterwards  a  napkin  or  cloth  was  lowered.  It  was  the 
business  of  the  consul  to  make  the  signal,  and  in  his  absence  the  prstor  gave  it.  In 
the  time  of  the  emperors  it  was  the  pnetor's  office  :  he  let  a  napkin  fall  from  the 
bsdcony ;  and  it  is  said,  that  the  custom  arose  from  an  order  of  Mero,  who  was  dining, 
and  the  people  became  so  impatient  for  the  games  to  begin,  that  he  ordered  hb  own 
napkitt  to  be  thrown  down  as  a  signal.    Hence  Javenal  s  expression, 

Interea  Megales  iacc  spectaciila  mappte. 

St.  xi.  ]9r. 

A  trumpet  also  sounded,  as  at  the  Olympic  games.*'    burton.— Ep. 

37 


290  ROMAN  ANTIQUITIES. 

IL  18.  (v'ffi^AJfiM,  Pausan.  i.  44.)  because  it  was  used  in  the  exer- 
cises of  the  Campus  Martius,  and  those  who  used  it,  Campestrati^  Au- 
fustin.  de  Civ.  Dei,  xiv.  17.  So  anciently  at  the  Olympic  games, 
^hucydid.  i.  6. 

The  AlhUi€B  were  anointed  with  a  glutinous  ointment,  called  Cb- 
ROMA,  Martial,  vii.  31.  9.  iv.  4  &  19.  xi.  48.  Juvenal,  vi.  245.  by 
slaves  called  Aliptse,  Cic.  i.  9.  35.  whence  liquida^  palestra,  Lu- 
can.  ix.  661.  uncta  palestra,  Ovid.  Ep.  xix.  11.  and  wore  a  coarse 
sha^y  garment  called  EifDRdms,  -idis,  Murtial.  iv.  19.  used  of  finer 
stunby  women,  Juvenal,  ibid,  also  by  those  who  played  at  that  kind 
of  the  hand-ball  {pila)  called  Trigon  or  Harpastum,  Martial,  ibid. 

Boxers  covered  their  hands  with  a  kind  of  gloves,  {chirotheca^) 
which  had  lead  or  iron  sewed  into  them,  to  make  the  strokes  fall 
with  the  greater  weight,  called  Cjbstus  vel  cestus^  Virg.  ^n.  y. 
879.  400. 

The  combatants  (Athleta)  were  previously  trained  in  a  place  of 
exercise,  (in  palastra  vel  gymnasia,)  Plaut.  Bacch.  iii.  3.  14.  and 
restricted  to  a  particular  diet,  Horat.  de  Art.  Poet.  413. 1.  Corinth. 
ix.  25.  In  winter  they  were  exercised  in  a  covered  place  called 
XYSTUS,  vel  -tim,  surrounded  with  a  row  of  pillars,  Fbristtliuv, 
Vitruv.  y.  2.  But  Xystwn  generally  signifies  a  walk  under  the  open 
air,  {anjbulatio  Hypcethra  vel  subdialis^)  laid  with  sand  or  gravel,  and 

Slanted  with  trees,  joined  to  a  Gymnasium^  Cic.  Att.  L  8.  Acad.  iv. 
.  Suet.  Aug.  72.  Plin.  Ep.  ii.  17.  ix.  36. 
The  persons  thus  exercised  were  called  Palmstrita,  or  Xystici; 
and  he  who  exercised  them,  exercitator,  Plin.  xxiii.  7.  s.  m.  Ma- 
gister  vel  Doctor  Palestricus,  Ch/mnasiarchus,  vel  Xystarchus^  vel 
-es.  From  the  attention  of  Antony  to  gvmnastic  exercises  at  Alex- 
andria, he  was  called  Oymnasiarcha  by  Augustus,  Dio.  I.  5.  27. 

Palestra  was  properly  a  school  for  wrestling,  (a  iraXf},  luctatio,) 
but  is  put  for  any  place  of  exercise,  or  the  exercise  itself;  hence 
palcBstram  discere,  to  learn  the  exercise ;  Cic.  Orat.  iii.  22.  These 

?^mnastic  games,  {gyrnnid  agones^)  were  very  hurtful  to  morals, 
lin.  iv.  22. 

The  Athletic  games  among  the  Greeks  were  called  ISELASTIC, 
(from  fiKfiXiuvw,  invehor,)  because  the  victors,  (Hieronlcts,  Suet.  Ner. 
24.  25.)  drawn  by  white  horses,  and  wearing  crowns  on  their  heads  ; 
of  olive,  if  victors  at  the  Olympic  games,  Virg.  G.  iiL  18.  of  laurel 
at  the  Pythian ;  of  parsley  at  the  Nemean ;  and  of  pine  at  the  Isth- 
mian, were  conducted  with  great  pomp  into  their  respective  cities, 
which  they  entered  through  a  breach  in  the  walls  made  for  that  pur- 
pose ;  intimating,  as  Plutarch  observes,  that  a  city  which  produced 
such  brave  citizens,  had  little  occasion  for  the  defence  of  walls,  Plin. 
Ep.  X.  119.  They  received  for  life  an  annual  stipend,  (opsonia,) 
from  the  public,  ibid.  &  Vitruv.  ix.  Prisf. 

3.  LuDus  Trojje,  a  mock  fight,  performed  by  young  noblemen 
on  horseback,  revived  by  Julius  Ciesar,  Dio.  xliii.  23.  Suet.  19.  and 
frequently  celebrated  by  the  succeeding  Emperors,  Suet.  Aug.  43. 


ROMAN  GAMES.  291 

6.  Ctd.  la  Claud.  21.  Jfer.  7.  Dio.  zlviii.  2a  li.  22.  Ac  de- 
acribed  by  Viiigil,  Mn.  v.  561.  &c. 

4.  What  was  called  Yeicatio,  or  the  fighting  of  wild  beasts  with 
one  another,  or  with  m^n  called  Bestiarii^  who  were  eiftier  forced  to 
this  by  way  of  punishment,  as  the  primitive  Christians  often  were ; 
or  fought  voluntarily,  either  from  a  natural  ferocity  of  disposition, 
or  induced  by  hire,  (auctorametUOf)  Cic.  Tusc.  Quaest.  ii.  17.  Fam. 
▼ii  1.  Off.  ii.  16.  Vat.  17.*  An  incredible  number  of  animals  of  va- 
rious kinds  were  brought,  from  all  quarters,  for  the  entertainment  of 
the  people,  and  at  an  immense  expense,  Cic.  Fam,  viii.  2.  4.  6. 
They  were*kept  in  inclosures,  called  vivaria,  till  the  day  of  exhibi- 
tion. Pompey,  in  his  second  consulship,  exhibited  at  once  500 
lions,  who  were  all  despatched  in  5  days ;  also  18  elephants,  Dta. 
zxxix.  38.  Plin.  viii.  7. 

i>.  The  representation  of  a  horse  and  foot  battle,  and  also  of  an 
encampment  or  a  siege,  SutL  Jul.  39.  Claud.  21.  Dom.  4. 

6.  The  representation  of  a  sea-fight,  (Naumachia,)  which  was  at 
first  made  in  the  Circus  Maximus^  but  afterwards  oftener  elsewhere. 
Augustus  dug  a  lake  near  the  Tiber  for  that  purpose,  Suet.  Aug.  43. 
7l6<r.  72.  and  Domitian  built  a  naval  theatre,  which  was  called  Kau- 
mmchia  Domitianif  Suet  Dom.  5.  Those  who  fought  were  call- 
ed MMmactaarii.  They  were  usually  composed  of  captives  or  con- 
demned malefactors,  who  fought  to  death,  unless  saved  by  the  cle- 
mency of  the  emperor,  Dio.  Ix.  33.  SueL  Claud.  21.  Tacit.  Annal. 
xii.  56.t 

If  any  thing  unlucky  happened  at  the  games,  they  were  renewed, 
{insiaurabaniur^)  Dio.  IvL  27.  often  more  than  once.  Id.  Ix.  6. 

II.  SHOWS  of  GLADIATORS. 

Tnc  shows  (spectacula)  of  gladiators  were  properly  called  Mune- 
m,  and  the  person  that  exhibited  {edtbat)  them,  Munerarius^  vel 

*  ^*  It  WM  in  the  eoarae  of  the  lecond  Punic  war  that  wild  beaits  were  first  exhi- 
bited at  all,  as  before  that'time  there  was  a  decree  of  the  senate,  prohibiting  the  im- 
|)ortatioD  of  beasts  from  Africa.  At  first  they  wepe  only  shown  to  the  people,  and 
not  hunted  or  killed.  The  earliest  account  we  have  of  soch  an  exhibition  was  U. 
C.  bifyZ,  when  one  hundred  and  forty-two  elephants  were  produced,  which  were 
taken  in  Sicily.  Pliny,  who  gives  us  this  information,  tells  us,  (bat  he  could  not  as- 
certain whether  they  were  put  to  death  in  the  Circus,  or  merely  exhibited  there. 
Bat  these  animals  had  beea  seen  in  Rome  twenty -throe  years  before,  in  the  (rioiopli 
-of  M.  C.  Dentatus  over  Pvrrhus.  According  to  Seneca,  Pompey  was  the  first  per- 
son who  gave  a  combat^iof  elephants.  If  we  may  believe  Suetonius,  Gaiba  intro- 
duced thein  in  the  games  dancing  or  walking  upon  ropes.  Lions  first  appeared 
in  any  number  U.  C.  652 ;  but  these  were  not  turned  loose.  In  the  year  661,  SyHa 
brought  forward  one  hundred,  when  he  was  prxtor,  and  had  some  African  hunters 
aent  ou  purpose  to  shoot  them.  In  the  year  G96,  besides  lions,  elephants,  bears^  etc. 
one  hundred  and  fifty  panthers  were  shown  for  the  first  time."    Burton. — Ed. 

t  "The  Naunuuhiaof  Augustus  was  on  the  other  side  of  the  Tiber,  and  was  1800 
feet  in  length,  and  200  In  width,  so  that  thirty  ships  of  war  could  engage  in  it.  Ca^ 
ligula  constructed  one,  as  did  Domitian  and  others.  1  hat  of  Domitian  was  on  the 
«ite  of  the  present  Piazza  di.  Spagna,  Elagabalus  upon  one  occasion  filled  the  Eu- 
^ipiis  with  wine,  and  had  naval  exhibitions  performed  in  it.  P.  Victor  mentions  tea 
MauMochUu.**    fartoA.— £d. 


J 


9B3  ROMAN  ANTIQUITIES. 

•atoTf  Editor  et  Dominuss  Cic.  Att.  il  19.  who,  although  in  a  prt* 
▼ate  station,  enjoyed,  during  the  days  of  the  exhibition,  the  ensigos 
of  maffistmcv,  Cic.  Uffg,  ii.  24«  They  seem  to  have  taken  their  rite 
from  the  custom  of  slaughtering  captives  at  the  tombs  of  those  slain 
in  battle  to  appease  their  tnanes^  Virg.  iEn.  x.  518. 

Gladiators  were  first  publicly  exhibited  {datx  sunt)  at  Rome  by 
two  brothers  called  Bruti^  at  the  funeral  of  their  father,  A.  U.  490. 
Idv,  Epit.  xvi.  FaUr,  Max.  ii.  4.  7.  and  for  some  time  they  were 
exhibited  only  on  such  occasions ;  but  afterwards,  also,  \^y  the  nu^s* 
trates,  to  entertain  the  people,  chiefly  at  the  Saturnalia  and  feasts 
of  Minerva.  Incredible  nuoioers  of  men  were  destroyed  in  this  man- 
ner. After  the  triumph  of  Trajan  over  the  Dacians,  spectacles 
were  exhibited  for  123  days,  in  which  11,000  animals  of  different 
kinds  were  killed ;  and  lOfiOO  gladiators  fought,  Dio.  xlviii^  15. 
whence  we  may  judee  of  other  instances.  Tli^  emperor  Claudius, 
although  naturally  of  a  gentle  disposition,  is  said  to  have  been  ren* 
dered  cruel  by  onen  attending  these  spectacles,  Dio.  Ix.  14. 

Gladiators  were  kept  and  maintained  in  schools  {in  ludis)  by  per- 
sons called  LANISTJS,  who  purchased  and  trained  them*  The 
whole  number  under  one  Lanista  was  called  Familia,  Suet,  Jul.  26. 
Jlug.  42.  They  were  plentifully  fed  on  strong  food ;  hence  SagUM 
gladiatoria^  Tacit  Hist.  ii.  88. 

A  Lanista^  when  he  instructed  young  gladiators  (h'rone^,)  deliver- 
ed to  them  his  lessons  and  rules  {dictata  et  leges)  in  writing,  Suti. 
Jul.  26.  Juvenal,  xi.  8.  and  then  he  was  said  commentari^  Cic.  de 
Orat.  iii.  23.  when  he  gave  over  his  employment,  a  gWrnrece^nf^e, 
Cic.  Rose.  Am.  40.  • 

The  gladiators,  when  they  were  exercised,  fenced  with  wooden 
swords,  {rudibus  batutbant ;  whence  batualia^  a  battle,)  Cic.  ibid. 
Suet.  Calig.  32.  54.  When  a  person  was  confuted  by  weak  ami- 
ments,  or  easily  c6nvicted,  he  was  said,  Plumbeo  gladio  jugulari^  Cic 
Att.  i.  16.  Jugulo  hunc  suo  sibi  gladio^  I  foil  him  with  bis  own  wea- 
pons ;  I  silence  him  with  his  own  arguments,  Terent.  Adolph.  v.  8. 
31.  O plumbeum pugionem /  O  feeble  or  inconclusive  reasoning! 
Cic.  Fin.  iv.  18. 

Gladiators  were  at  first  composed  of  captives  and  slaves,  or  of 
condemned  malefactors.  Of  these,  some  were  said  to  be  ad  gladio 
urn  damnatif  who  were  to  be  despatched  within  a  year.  This,  how^ 
ever,  was  prohibited  by  Augustus,  {gladiatores  sine  missiont  edi  pro^ 
hibuit,)  Suet.  Aug.  45.  and  others,  ad  iudum  damnati^  who  might  be 
liberated  after  a  certain  time.  But  afterwards,  dlso,  free-bom  citi- 
zens, induced  by  hire  or  by  inclination,  fought  on  the  arena^  some 
even  of  noble  birth,  Juvenal,  ii.  43.  yiii*  101.  dpc  Liv.  xxviiL  2.  5u- 
et.  Jier.  12.  and,  what  is  still  more'  wonderful,  women  of  quality, 
Tacit.  Annal.  x.  v.  32.  Swt.  Domit.  4.  Juvenal,  vi.  254.  &c.  and 
dwarfs,  {nani)  Stat.  Syl.  v.  1.  vi.  57. 

Freemen  who  became  gladiators  for  hire  were  said  esse  auctoratij 
Horat  Sat.  iL  7.  5.  and  uxeir  hire,  auctoramentum.  Suet.  Tib.  7.  or 


ROMAN  GAMES.  2»3 

fUdieUorium,  Liv.  xliv.  31.  and  an  oath  waf  administered  to  them, 
^€i.  Arbiierrin. 

Gladiators  were  distinguished  by  their  armour  and  manner  of  fight- 
ing. Some  were  called  Skcutorcs,  whose  arms  were  an  helmet,  a 
shield,  and  a  sword  or  a  leaden  bullet,  {nuzssa  plumbea^)  Isidon 
xriii  55.  With  them  were  usually  matched  (commiiUbantur  vel 
componebantur)  the  RETIARII.  A  combatant  of  this  kind  was  dress- 
ed m  a  short  tunic,  but  wore  nothing  od  his  head,  SueL  Caiig,  30. 
daud.  34.  Juvenal,  viii.  205.  He  bore  in  his  left  hand  a  three- 
pointed  lance,  called  Tridens  or  /Wctna,  and  in  his  right  a  net, 
(rbtc,)  with  which  he  attempted  to  entangle  {irretire)  his  adyersaryt 
by  casting  it  over  his  head,  and  suddenly  drawing  it  together,  and 
then  with  his  trident  he  usually  slew  him.  But  if  he  missed  his  aim, 
either  by  throwing  his  net  too  short,  or  too  far,  he  instantly  betook 
himself  to  flight,  and  endeayoured  to  prepare  his  net  for  a  second 
cast ;  while  his  antagonist  as  quickly  pursued,  (whence  the  name 
Secuior,)  to  prevent  his  desi£[n  by  despatching  him. 

Some  gladiators  were  called  Mirmillones,  (a  pk)^v^,  piscii)  be- 
cause they  carried  the  image  of  a  fish  on  their  helmet ;  hence  a 
RetiariuSf  when  engaged  with  one  of  them  said, ''  I  do  not  aim  at 
you,  I  throw  at  your  fish,"  (Non  te  peto,  piscem  pkto  :  Quid  m b 
puois,  Galle?)  Feslus.  The  Mirmillo  was  armed  like  a  Gaul, 
with  a  buckler  {parma  vel  pelta)  and  a  hooked  sword  or  cutlass^ 
{sicd  vel  harpe^  i.  e.  glculio  incurvo  ei  falcato^)  and  was  usually 
matched  with  a  Thracian,  (Thrbx  vel  Turax,  i.  e.  TTireddicis  ar- 
tnia  amattu,)  Cic  Phil.  vii.  6.  Liv.  xli.  20.  Horat.  Sat.  ii.  6.  44. 
Suet  Cal.  32.  Juvenal,  viii.  201.  Auson.  in  Monosyll.  109.  Qids 
Myrmillom  componiiur  tBqttimanus  ?  Threx, 

Certain  gladiators  from  their  armour  were  called  Samnites,  Iav. 
ix.  40.  Cic.  Sext.  64.  and  also  Haplomachi,  Suet.  Calig.  35.  Some 
DimachoRri^  because  they  fought  with  two  swords;  and  others  Ia^ 
qutarii^  because  they  used  a  noose  to  entangle  their  adversaries,  /ti- 
dor^  xviii.  56. 

There  was  a  kind  of  gladiators  who  fought  from  chariots,  (tx  e5- 
9edi8^)  after  the  manner  of  the  Britons  or  Uauls,  called  EsssDARir, 
Cic.  Fam.  vii.  6.  Suet.  Gal.  35.  Ccea.  de  B.  G.  v.  24.  and  also  from 
on  horseback,  with,  what  was  curious,  their  eyes  shut,  {clauns  octi- 
Jif,)  who  were  called  Andabavs,  Cic.  Fam.  vii.  10.  Hence  Anda* 
bahtTtum  mart  pugnare^  to  fight  in  the  dark  or  blindfold,  Hytronym. 

Gladiators  who  were  substituted  {supporubaniur)  in  place  of  tnose 
who  were  conquered  or  fatigued,  were  called  SupposiTiTii,or  Sub- 
DiTiTii,  JHbWtti/.  V.  25. 8.  Those  who  were  asked  by  the  people, 
from  the  Emperor,  on  account  of  their  dexterity  and  skill  in  fight- 
ing, were  called  Postui^atitii;  such  were  maintained  at  the  Em- 
peror^s  private  charge,  and  hence  called  Fjscales  or  Cmaariani. 
Those  who  were  produced  and  fought  in  the  ordinary  manner,  were 
called  ORDiNARn,  Suet.  Aug.  44.  Domit.  4. 

When  a  number  fought  together,  (gregatim^  tenure  ac  sine  arte,) 
and  not  in  pairs,  they  w'ere  <^ed  Catervarii,  Suet.  Aug.  45.  CaL 


294  ROMAN  ANTIQUITIES, 

30.  Those  produced  at  inid*day,  who  were  generally  ilntruoed^ 
were  called  Meridiani,  Senec,  Epist,  7.  Suet.  Claud.  34. 

The  person  who  was  to  exhibit  gladiators  (bditoii)  some  time 
before  announced  the  riiow,  {munus  edicd)atf  Senec.  Ep.  1 17.  ostein 
debatf  pronunciabat,  propontbatf  ^c.  Cic.  Fam.  iL  8.  ix.  9.  fihiet. 
Jul.  26.  Tit  8.)  by  an  advertisement  or  bill  pasted  up  in  public, 
{per  libellum  pttblici  affixum^)  in  which  he  mentioned  the  number 
and  the  names  of  the  most  distinguished  gladiators.  Sometimes 
these  things  seem  to  have  been  represented  in  a  pictpre,  £bftU« 
5a<.  ii.7.95.  P/in.  xxxv.  7.  *.  33. 

Gladiators  were  exhibited  sometimes  at  the  funeral  pile,  often  in 
the  Forum^  which  was  then  adorned  with  statues  and  pictures,  Cie. 
Vtrr.  L  22.  but  usually  in  an  ai^phitheatre,  so  called  because  it  was 
seated  all  round,  like  two  theatres  joined,  Plin.  xxxvi.  14.  16.  &c. 

AMPHITHEATRES  were  at  first  temporary,  and  made  of 
wood.  The  first  durable  one  of  stone  was  built  by  Statilius  Taurus 
at  the  desire  of  Augustus,  Swt.  Aug.  29.  which  seems  likewise  to 
have  been  partly  of  wood.  The  largest  amphitheatre  was  begun  by 
Vespasian  and  completed  by  Titus,  now  called  Colisxum,  fiom 
the  Colossus  or  large  statue  of  Nero  which  stood  near  it  It  was  of 
an  oval  form,  and  is  said  to  have  contained  87,000  spectators.  Its 
ruins  still  remain.  The  place  where  the  gladiators  fought  was  call- 
^  Arena,  because  it  was  covered  with  sand  or  saw-dust,  to  prevent 
the  gladiators  from  sliding,  and  to  absorb  the  blood  ;  and  the  per- 
sons who  fought,  Arenarii.  But  arena  is  also  put  for  the  whole  am- 
phitheatre, or  the  show,  Juvenal,  iii.  34.  also  for  the  seat  of  war ;  Pfi- 
tna  civilis  arena  Italia  fuit,  Flor.  iii.  20.  21.  iv.  2.  thus  Lucan.  vi. 
€3.  or  for  one's  peculiar  province,  Plin,  Ep.  vi.  12.  So  Cavra, 
for  a  theatre  or  amphitheatre,  Suet.  Aug.  44.  Claud.  21.  Cic.  Aniic. 
'24.  Plaut.  Amph.  prol.  65.  Consessus  cavern^  the  spectators,  Virg. 
jSSn.  ▼.  340.  But  cavca  properly  signifies  a  place  where  wild 
beasts  were  confined.  Suet.  Cal.  27.  Horat.  Art.  P.  473.  MartiaL 
ix.  90.  Plin.  xxxvi.  5. 

The  part  next  the  arena  was  called  Podium,  where  the  senators 
■sat,  and  the  ambassadors  of  foreign  nations  i  and  whore  also  was  the 
|>lace  of  the  emperor,  (Suooestus,  vel  -u(|i,)  elevated  like  a  pulpit 
or  tribunal.  Suet.  Jul.  76.  Plin.  Paneg.  51.  and  covered  with  a  ca- 
nopy like  a  pavilion,  (Cubicolum  vel  papilio,  Suet.  Ner.  12.)  like- 
wise of  the  persons  who  exhibited  the  games,  {Editoris  Tribunalf) 
and  of  the  Vestal  Virgins,  Suet.  Aug.  44. 

The  Podium  projected  over  the  wall  which  surrounded  the  arena^ 
and  was  raised  between  twelve  and  fifteen  feet  above  it ;  secured 
with  a  breast-work  or  parapet  (lortcd)  against  the  irruption  of  wild 
beasts.  As  a  further  defence,  the  arena  was  surrounded  with  an 
iron  railing,  ( ferreie  clathris,)  and  a  canal,  (c«rtpo,)  Phn.  viii.  7. 

The  Equiies  sat  in  fourteen  rows  behind  the  senators.  The  seats 
{graaus  vel  sedilia)  of  both  were  covered  with  cushions,  {pulvilHs^) 
Juvenal,  iii.  152,  first  used  in  the  time  of  Caligula,  Dio.  lix.  7.  The 
rest  of  the  people  sat  behind  on  the  bare  stone,  and  their  seats  were 


ROMAN  GAMES.  20fi 

called  PopuLASiAy  SiuL  Claud.  25*  Dam.  4.  The  entrance  to  thetie 
seats  were  called  Vomitokia  ;  the  passages  (via)  by  which  they  as- 
ceaded  to  the  seats  were  called  Scala  or  Scatona,  and  the  seats  be- 
tween the  two  passages  were,  from  their  form*  called  CuneuSf  a 
wedge,  Juvenal,  vi.  61.  Suet.  Aug.  44  For,  like  the  section  of  a 
circle,  this  space  gradually  widened  from  the  arena  to  the  top* 
Hence  Cuneis  irmolwl  res  omnibus^  to  all  the  spectators^  Phadr.  v, 
7.35. 

Sometimes  a  particular  place  was  publicly  granted  to  certain  per* 
sons  by  way  of  honour,  Cic.  Phil.  ix.  7.  and  the  Editor  seems  to  have 
been  allowed  to  assign  a  more  honourable  seat  to  any  person  he  in- 
clined, Cic.Att,  ii.  1. 

There  were  certain  persons  called  Desionatores,  or  DissignO' 
ioreSf  masters  of  ceremonies,  who  assigned  to  every  one  his  proper 
place,  Plaui.  Panul.prolong.  19.  Cic.  Att.  ix.  3.  as  undertakers  did 
at  funerals,  Horat.  Epist.  i.  7.  6.  and  when  they  removed  any  one 
from  his  place,  they  were  said  eum  excitare  vel  suscifire.  Martial, 
ill.  95.  V.  14.  vi.  9.  The  Designatores  are  thought  by  some  to  have 
been  the  same  with  what  were  called  Locarii,  (quia  sedes  vel  spec^ 
taenia  locahant.)  But  these,  according  to  others,  properly  were 
poor  people,  who  came  early  and  took  possession  of  a  seat,  which 
they  afterwards  parted  with  to  some  rich  person  who  came  late,  for 
hire,  Martial,  v.  25. 

Ajnciently  women  were  not  allowed  to  see  the  gladiators,  without 
the  permission  of  those  in  whose  power  they  were,  Faler.  Max.  vi. 
3.  13.  But  afterwards  this  restriction  was  removed.  Augustus  as- 
signed them  a  particular  place  in  the  highest  seats  of  the  amphithea- 
tre. Suet.  Aug.  44.  Ovid,  Amor.  ii.  7.  3. 

There  were  in  the  amphitheatres  secret  tubes,  from  which  the 
spectators  were  besprinkled  with  perfumes,  {croco  diltUo  aut  aliU 
fragrantibus  liquoribus,)  Martial,  v.  26.  &  de  spect.  3.  issuing  from 
certain  figures  (signa,)  Lucan,  ix.  808.  and  in  rain  or  excessive 
heat,  there  were  coverings  {vela  vel  velaria)  to  draw  over  them, 
Juvenal,  iv.  122.  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*brimroed  bats  or  caps  {causi<B  ybi  pilei)  and  umbrellas, 
Dio.  Kx.  7.  Martial,  xiv.  27.  28. 

By  secret  springs,  certain  wooden  machines,  called  Peqmata,  vel 
-m<s,  were  raised  to  a  great  height,  to  appearance  spontaneously,  and 
elevated  or  depressed,  diminished  or  enlarged,  at  pleasure.  Martial. 
Spect.  ii.  16.  viii.  33  Senec.  Epist,  88.  Suet.  Claud,  34.  Gladiators 
were  sometimes  set  on  them,  hence  called  Pegmares.  Suet  Cal.  26. 
and  boys  {et  pueros  inde  ad  velaria  raptos,)  Juvenal,  iv.  122.  But 
pegmata  is  put  by  Cicero  for  the  shelves,  (pro  loculia)  in  which  books 
were  kept.  All.  iv.  8. 
Nigh  to  the  amphitheatre  was  a  place  called  Spoliarium,  to  which 
.  those  who  were  killed  or  mortally  wounded  were  dragged  by  a  hook, 


396  ROMAN  ANTIQUITIES. 

(unco  trahebatUur;)^  Plin.  Pan^,  36*  Senec  Epiflt  83.  Lamprid.  in 
Commod  fin. 

On  the  day  of  the  exhibition  the  gladiators  were  led  along  the 
arena  in  processioo.  Then  they  were  matched  by  pairs,  {paria  in* 
ier  se  componebaniur  vel  comparabanlur^)  Herat.  Sat.  I.  vii.  20.  and 
their  swords  were  examined  (explorabantur)  by  the  eiiiibitor  of  the 
games;  Suet.  TU.  9. 

The  gladiators,  as  a  prelude  to  the  battle,  (praludentea  vel  prolur 
denies^  at  first  fought  with  wooden  swords  or  the  like,  flourishing  (ven- 
iilantes)  their  arms  with  great  dexterity,  Cic.  de  Orat  ii.  78.  Senec. 
Ep.  117.  Ovid,  de  Art.  Am.  iii.  515.  589.     Then  upon  a  signal 

Sven  with  a  trumpet,  (tonahant  ferali  clangore  tubcBy)  they  laid  aside 
ese,  {arma  lusoria^  vedes  vel  gladios  fiebetes  ponebant  v.  abjidebani^ 
and*^as8umed  their  proper  arms  {arma  pugnatoria  vel  decretoriOf 
L  e.  gladios  aouios  sumebant^)  Quinctilian.  10.  5.  20 ;  dc  Suet.  Cat. 
54.  They  adjusted  themselves  (ae  ad  pugnam  componebant^  GelL 
vii.  3.)  with^reat  care,  and  stood  in  a  particular  posture,  {in  tiatu  vel 
gradu  stabant^)  Plaut  Mil.  iv.  9.  12.  Hence  moven^  dtjici^  vel  cfe- 
turbari  de  statumentis  ;  depelli,  dejici^  vel  demoveri  gradu^  &c.  Cic. 
Off.  L  23.  Alt.  xvi,  15.  Nep.  Themist.  5.  Liv.  vi.  32.  Then  they 
pushed  at  one  another  {petebant)  and  repeated  the  thrast  {repeiebani,) 
Suet.  Cal.  58.  They  not  only  pushed  with  the  point,  {punctim,)  but 
also  struck  with  the  edge,  {ccBsim.)  It  was  more  easy  to  parry  or 
avoid  {cavere^  propulsare,  exire^  ^ffug^^^^  excedere^  eludere^)  direct 
thrusts,  (ictuB  adversos^  et  rectas  ac  eimplices  manttf,)  than  back  <h* 
side  strokes,  {manm  vel  petitiones  aversas  tectasque,)  Quinctilian.  v. 
13.  54.  ix.  1.  20.  Firg.  ix.  439.  Cic.  Cat.  i.  6.  They  therefore 
took  particular  care  to  defend  their  side,  (latus  tegere ;)  hence  latere 
iecto  abscedere^  to  get  ofl*  safe,  Ter.  Heaut.  iv.  2.  5.  Per  alterius  la- 
tus peti^  Cic  Vat.  5.  Latus  apertum  vel  ntufum  dare^  to  expose  one's 
self  to  danger,  Tibull.  i.  4  46.  Some  gladiators  had  the  faculty  of 
not  winking.  Two  such  belonging  to  the  Emperor  Claudius  were 
on  that  account  invincible,  Plin.  xi.  37.  s.  54.  Senec.  de  Ir.  ii.  4. 

When  any  gladiator  was  wounded,  the  people  exclaimed,  Habet, 
sc  vulnuSf  vel  hoc  habet^  he  has  ^t  it.  The  gladiator  lowered  (mi- 
miitebat)  his  arms  as  a  sign  of  his  being  vanquished ;  but  his  fate  de- 
pended on  the  pleasure  of  Ihe  people,  who,  if  they  wished  him  to  be 
saved,  pressed  down  their  thumbs,  {pollicem  premebant^)  Herat.  Ep. 
i.  18.  TO.  if  to  be  slain,  they  turned  up  their  thumbs,  {pollicem  rer- 
tebant^)  Juvenal,  iii.  36.  (hence  laudare  ulroque  pollice^  i.  e.  valde^ 
Herat  Ep.  i.  18.  66.  Plin.  28.  2.  s.b.)  and  ordered  him  to  receive 
the  sword  {ferrum  recipere,)  which  gladiators  usually  submitted  to 
with  amazing  fortitude,  Cic.  Sext.  37.  Tusc.  ii.  17.  A/i/.  34  Senu. 
Ep.  7  &  177.  de  Tranquil.  Animi,  c  11,  Const.  Sap.  1&  Some- 
times a  gladiator  was  rescued  bv  the  entrance  of  the  emperor,  Ovid, 
de  Pont.  ii.  8.  .53.  or  by  the  will  of  the  Editor. 

The  rewards  given  to  the  victors  were  a  palm.  Martial,  de  Sped. 
32.  Hence  plurimamm  palmarum  gladiator^  who  had  frequently 
conquered ;  Cic.  Rose.  Am.  6.    Alias  suas  palmas  cognoscet,  L  e* 


DRAMATIC  ENTERTAINMENTS.  297 

emdes^  ibid.  30.  Palma  /emntfcafa,  a  palm  crown,  with  ribanda 
(Umnisci)  of  difierent  colours  hanging  from  it,  ibid*  35.^estus.  Sex* 
tm  paima  utbana  tiiam  in  Oiadiatore  difficilis^  Cic  PhiL  xi.  5. — ^mo- 
ney,  SueL  CktutL  31.  JuvtnaL  vii.  tdL  and  a  rod  or  wooden  sword, 
(fWwy)  as  a  ngn  of  their  being  disdiarsed  from  fighting ;  which  was 
granted  by  the  £dtlor,  at  the  desire  of  the  people,  to  an  old  cladia- 
tor,  or  even  to  a  novice  for  some  uncommon  act  of  courage.  Those 
who  received  it  {rude  donati)  were  called  RuDiAaii,  and  fixed  their 
arms  in  the  temple  of  Hercules,  Horot.  Ep.  i.  1.  OvuL  Trist.  iv.  8. 
34*  But  they  were  afterwards  sometimes  induced  by  great  hire 
{ingenie  audoranufUo)  again  to  engage,  Suet.  316.  7.  Those  who 
were  dismissed  on  account  of  age  or  weakness,  were  said  dtlusisst^ 
Plin.  xxxvi.  37. 

The  spectators  expressed  the  same  eagerness  by  betting  (jpo?mo* 
nibus)  on  the  different  gladiators,  as  in  the  Circus^  Suet  Tib.  8.  Do^- 
mit.  10.  Martial,  ix.  68. 

Till  the  year  693,  the  pe6ple  used  to  redrain  all  day  at  an  exhibi- 
tion of  gladiators  without  intermission  till  it  was  finished ;  but  then, 
for  the  first  time,  they  were  dismissed  to  take  dinner,  Dio.  xxxvii. 
46.  which  custom  was  afterwards  observed  at  all  the  spectacles  ex* 
bibited  by  the  emperors,  ibid,  el  SnzU    Horace  calls  mtermissions 

fiven  to  gladiators  in  the  tkne  of  fighting,  or  a  delay  of  the  combat, 
htUDiA,  -ortif^,  Ep.  i.  19.  47.  Sc  l^oUast.  in  loc 

*Shows  of  gladiators,  (cruenia  speeiacula,)  were  prc^ibited  by 
Constantino,  Vod.  xi.  43.  but  not  entirely  suppressed  till  the  time 
of  Honorius,  P-rudenU  contra  Symmach.  ii.  11.  21. 

III.  DRAMATIC  ENTERTAINMENTS. 

DaAMATic  entertainments,  or  stage-plays  [ludi  tcenicit)  were  first 
introduced  at  Rome,  on  account  of  a  pestilence,  to  appease  the  di-^ 
vine  wrath,  A.  IT.  391.  Liv.  vii.  3.  Before  that  time  there  had  only 
been  the  games  of  the  Circus.  They  were  called  LUDI  SCENIC!, 
because  they  were  first  acted  in  a  shade,  (<rxia,  umbra,)  formed  by 
the  branches  and  leaves  of  trees,  Ovid,  de  Art.  Am.  i.  105.  Serv.  in 
^rg.  JEn.  i.  164.  or  in  a  tent,  (tfxf]n),  tahemaculum :)  hence  aftei^ 
wants  the  front  of  the  theatre,  where  the  actors  stood,  was  called 
ScENA,  and  the  actors  SCENICI,  Sutt.  Tib.  34.  Cic.  Plane.  IL 
Verr.  iii.  79.  or  Scemci  Artipices,  Suet.  Ccst.  84. 

Stage-plays  were  borrowed  from  Etruria ;  whence  players  (/u- 
diones)  were  called  Histriones,  from  a  Tuscan  word,  kister,  i.  e. 
ludio  ;  for  playors  also  were  sent  for  from  that  country,  Liv.  vii.  3. 

These  Tuscans  did  nothing  at  first  but  dance  to  a  flute,  {ad  tibivi^ 

*  The  gladiatora,  about  the  ^ear  of  tbe  eity  680,  under  the  comlaet  of  SfoHaoM, 
Criimt,  and  OeiMUMuif,  maintained  for  a  short  time  a  war  a^nst  the  Roman  people. 
These  men  having  escaped,  with  other  gladiators,  to  the  number  of  74,  ont  of  fha 
place  where  they  had  been  kept  at  Capua,  ii^thered  together  a  bodj  of  slaves,  put 
themselves  at  their  head,  rendered  themselves  masters  of  all  Campania,  and  gained 
Mveral  victories  over  the  Roman  prctors.  Thev  were  at  length  defeated  in  the  year 
^22,  at  the  eitremity  of  Italy ;  having  in  vain  endeavoured  to  pass  over  into  &diii* 

88 


S98  ROMAN  ANTIQUITIES: 

nis  modos,)  without  any  verse  or  corresponding  action.    They  did  not 
speak,  because  the  Romans  did  not  understand  their  language,  Und^ 

The  Roman  youth  began  to  imitate  them  at  solemn  restivals,  es- 
pecially at  harvest-home,  throwing  out  raillery  against  one  another 
m  unpolished  verse,  with  gestures  adapted  to  the  sense.  These  ver- 
ses were  called  Versus  Fescennini,  from  FescenniOf  or  -turn,  a  day 
of  Etruria,  HoraU  Episi.  II.  i.  145. 

Afterwards,  by  frequent  use,  the  entertainment  was  improved, 
(8€Bp%u$  usurpando  res  excilata  eat^)  and  a  new  kind  of  dramatic  com- 
position was  contrived,  called  SATYRiE  or  Saturjb,  Sa/ire#,  be- 
cause they  were  filled  with  various  matter,  and  written  in  various 
kinds  of  verse,  in  allusion  to  what  was  called  I^nx  Satura,  a  plat- 
ter or  charger  filled  with  various  kinds  of  fruits,  which  they  yearly 
ofiered  to  the  gods  at  their  festivals,  as  tlie  PrimUuB^  or  first  gather- 
ings of  the  season.  Some  derive  the  name  from  the  petulence  oS 
the  Satyrs* 

These  satires  were  set  to  music,  and  repeated  with  suitable  ges- 
tures, accompanied  with  the  flute  and  dancing.  They  had  every 
thing  that  was  agreeable  in  the  Fescennine  verses,  without  their  otn 
scenity.  They  contained  much  ridicule  and  smart  repartee ;  whence 
those  poems  afterwards  written  to  expose  vice  got  the  name  of  sa- 
tires; as,  the  satiret  of  Horace,  of  Juvenal,  and  of  Persius. 

It  was  LIVIUS  ANDRONICUS,  the  freed-man  of  M.  Livius  Sa- 
linator,  and  the  preceptor  of  his  sons,  who,  giving  up  satires,  {absahh 
n>,  i.  e.  saturis  re/tc/ts,)  first  ventured  to  write  a  regular  plav,  (ar* 
gumento  fabulam  serere^)  A  U.  512,  some  say,  514 ;  the  year  before 
Ennius  was  bom,  Cic.  Brut.  18.  above  160  years  after  the  death  of 
Sophocles  and  Euripides,  and  about  fifty-two  years  after  that  of  Me- 
nander,  GelL  xvii.  21. 

He  was  the  actor  of  his  own  compositions,  as  all  then  were.— Be- 
ing obliged  by  the  audience  frequently  to  repeat  the  same  part,  and 
thus  becoming  hoarse,  {qvum  vocem  obtttdistet^)  he  asked  permission 
to  employ  a  boy  to  sing  to  the  flute,  whilst  he  acted  what  was  sung 
(cdniicum  agebat^)  which  he  did  with  the  greater  animation,  as  he 
was  not  hindered  by  using  his  voice.  Hence  actors  used  always  to 
have  a  person  at  hand  to  sing  to  them,  and  the  colloquial  parts  (cK- 
verbia)  only  was  left  them  to  repeat,  Liv,  vii.  2.  It  appears  there 
was  commonly  a  song  at  the  ena  of  every  act,  Plaut.  Pseud,  ii.  ult 

Plays  were  afterwards  greatly  improved  at  Rome  from  the  model 
of  the  Greeks,  by  Navius,  Ennius,  Flautus,  Cjbciuus,  Terence, 
ArRANius,  Pacuvius,  Accius,  &c. 

After  playing  was  gradually  converted  into  an  art,  (ludus  in  artem 
paulatim  verieraQ  the  Roman  youth,  leaving  regular  plays  to  be  act- 
ed by  professed  players,  reserved  to  themselves  the  acting  of  ludi- 
crous pieces  or  farces,  interlarded  with  much  ribaldry  and  buffoon- 
ery, called  EXODIA,  Jitoenal.  iii.  175.  vi.  71.  Suet.  TU.  45.  Domii. 
10.  because  they  were  usually  introduced  after  the  play,  (when  the 
players  and  musicians  had  left  the  stage,)  to  remove  the  painful  im- 
pressions of  tragic  scenes,  ScholiasL  in  JuoenaL  iii.  176*  or  Fabbl- 


DRAMATIC  ENTERTAINMENTS. 

tflS  Atbllaha,  Liv,  vii.  2.  or,  Ludi  Osci,  Cic.  Fam,  viL  1.  Lddi- 
cmuM  OscVM,  TaciL  Annal.  iv.  14.  from  AleUa^  a  town  of  the  Osci 
ia  Campania,  where  they  were  first  invented  and  very  much  used. 

The  actors  of  these  farces  {Atdlani  vet  AttUanarum  actores^)  re- 
tained the  rights  of  citizens,  {ngn  tribu  moti  $fmt,)  and  might  serve  in 
the  army,  which  was  not  the  case  with  common  actors,  who  were 
not  respected  among  the  K^mans,  as  among  the  Greeks,  but  were 
held  infamous,  Ulpian.  1.  2.  §  5.  D.  de  his  qui  noL  injam, — Jfep» 
Pr<Bfat.  Smt.  Tib.  35. 

Dramatic  entertainments,  in  their  improved  state,  were  chiefly  of 
three  kinds,  Cnmfdy^  Tragedy^  and  Paniomimts, 

1.  Comedy,  (COmCEDIA,  quasi,  xuiui/ig  wJf|,  the  song  of  the  village,) 
was  a  representation  of  common  life,  (iiuotidiaita  vitte  speculum,) 
written  in  a  familiar  style,  and  usually  with  a  happy  issue.  The  de- 
sign of  it  was  to  expose  vice  and  folly  to  ridicule. 

Comedy,  among  the  Greeks,  was  divided  into  old,  middle,  and 
new.  In  the  first,  real  characters  and  names  were  represented  ;  in 
the  second,  real  characters,  but  fictitious  names ;  and  in  the  third, 
both  fictitious  characters  and  names.  EvpOlisj  Cratinus,  and  Aris* 
tophdnes  excelled  in  old  comedy,  and  Menander  in  the  new,  Horat. 
Sat  i.  4.  Epist,  u.  1. 57.  Quinctilian*  x.  1.  Nothing  was  ever  known 
at  Rome  hut  the  new  comedy. 

The  Roman  comic  writers,  Nffivius,  Afranins,  Plautus,  Csectlius, 
and  Terence,  copied  from  the  Greek,  chiefly  from  Af  ENANDER, 
who  is  esteemed  the  best  writer  of  comedies  that  ever  existed, 
QuincUlian,  x.  1.  but  only  a  few  fragments  of  his  works  now  remain. 
We  may,  however,  judge  of  his  excellence  from  Terence,  his  prin- 
cipal imitator. 

Comedies,  among  the  Romans,  were  distinguished  by  the  cha- 
racter and  dress  of  the  persons  introduced  on  the  stage.  Thus  come- 
dies were  called  Togata,  in  which  the  characters  and  dress  were 
Roman,  from  the  Roman  toga,  Juvenal,  i.  3.  Herat.  Art.  Poet.  288. 
80  carmen  togaium,  a  poem  about  Roman  affairs,  Slat,  Silv,  ii.  7.  53. 
PajBTEXTATiB  or  PratextcB,  when  magistrates  and  persons  of  di|gni- 
ty  were  introduced ;  but  some  take  these  for  tragedies,  ibid,  Tra- 
BBATJB^  when  generals  and  o£Bcers  were  introduced,  Suet,  Gramm, 
31.  TABERNAais,  when  the  characters  were  of  low  rank,  HoraU 
Art.  Poet.  225.  Palliatjb,  when  the  characters  were  Grecian,  from 
paUiwn,  the  robe  of  the  Greeks.  Motorue,  when  there  were  a 
great  many  striking  instances,  much  action,  and  passionate  expres- 
sioDS.  Statari  jE,  when  there  was  not  much  bustle  or  stir,  and  little 
or  nothing  to  agitate  the  passions ;  and  Mixta,  when  some  parts 
were  gentle  and  quiet,  and  others  the  contrary,  Terent,  Heaul,  proL 
36.  Donat,  in  Terent.  Cic,  Brut.  116.  The  representations  of  the 
Attllani  were  called  Cwnadia  AttUana, 

The  actors  of  Comedy  wore  a  low-heeled  shoe,  called  Soccus. 

Those  who  wrote  a  play,  were  said  docere  vel  facer e  fabtdam; 
if  it  was  approved,  it  was  said  stare^  stare  recto  talOf  placere^  &c.  if 
not,  cadere^  exigi,  exsibUarif  dec* 


300  ROMAN  ANTIQUITim. 

IL  TRAGEDY  had  its  name,  according  to  Horace,  from  ^i^yCt 
a  goat,  and  ^j^v},  a  song ;  because  a  goat  was  the  prize  of  the  person 
who  produced  the  best  poem,  or  was  the  best  actor,  de  JirU  PoeL 
220.  to  which  Virgil  alludes,  EcL  lii.  22.  according  to  others,  because 
such  a  poem  was  acted  at  the  festival  of  Bacchus  after  vintage,  to 
whom  a  goat  was  then  sacrificed,  as  being  the  destroyer  of  the  vines; 
and  therefore  it  was  called,  c^^cu^ioi,  Ihe  goat^s  song.  (Primi  ludi 
theatraUi  ex  Uberalibus  nati  suni^  from  the  feasts  of  Bacchus,  Serv. 
ad  Virg.  G.  ii.  381.) 

THESPIS,  a  native  of  Attica,  is  said  to  have  been  the  inventor 
of  tragedy,  about  536  years  before  Christ.*  He  went  about  with  his 
actors  from  village  to  village,  in  a  cart,  on  which  a  temporary  stage 
was  erected,  where  they  played  and  sang,  having  their  faces  be- 
smeared with  the  lees  of  wine,  (perunclifcecibus  ora^)  Horat  de  Art. 
Poet.  275.  whence,  according  to  some,  the  name  of  Tragedy,  (from 
c^ug,  -u/o^,  new  wine  not  refined,  or  the  lees  of  wine,  and  ^j^oc,  a  sing- 
er ;  hence  rgMyc^r^g^  a  singer  thus  besmeared,  who  threw  out  scoffs 
and  raillery  against  people.) 

Thespis.was  contemporary  with  Solon,  who  was  a  great  enemy  to 
his  dramatic  representations,  Plutarch,  in  Salone. 

Thespis  was  succeeded  by  JSschylus,  who  erected  a  permanent 
stage,  (modicis  instravit  pulpita^  tignis^)  and  was  the  inventor  of  the 
mask,  (persona^  of  the  long  flowing  robe,  (palla^  stoloj  vel  symui,) 
and  of  the  high-heeled  shoe  or  buskin,  (cothtarnus^)  which  tragedians 
wore ;  whence  these  words  are  put  for  a  tragic  style,  or  for  tragedy 
itself,  Virg.  Eel.  viii.  10.  JuvenaL  viii.  229.  xv.  30.  Martial,  iii.  20. 
iv.  49.  V.  5.  viii.  3.  Horat*  Od,  iL  1.  12.  as  soccus  is  put  for  a  co- 
medy or  familiar  style,  {Id.  Epist.  ii.  174.  jlrt.  PoeL  80.  90.— J^cc 
eomadia  in  cothurnos  assurgit^  nee  contra  tragadia  soceo  ingrediiur), 
Quinctilian,  x.  2»  22. 

As  the  ancients  did  not  wear  breeches,  the  players  always  wore 
under  the  tunic  a  girdle  or  covering,  (SuauoACuiiUM  vel  SusLioAa 
vereeundia  causd^)  Cic.  Off.  i.  35.  Juvenal,  vi.  60.  Martial  iii.  87. 

After  iEschylus,  followed  Sophoglcs  and  Euripidss,  who  brought 
tragedy  to  the  highest  perfection.  In  their  time  comedy  began  first 
to  be  considered  as  a  distinct  compositimi  from  tragedy ;  but  at 
Rome  comedy  was  long  cultivated,  before  any  attempt  was  made  to 
compose  tragedies.  Nor  have  we  any  Roman  tragedies  extant,  ex- 
cept a  few  which  bear  the  name  of  Seneca.  Nothing  remains  of  the 
works  of  Ennius,  Pacuvius,  Accius,  &c,  but  a  few  fragments. 

Every  regular  play,  at  least  among  the  Romans,  was  divided  in- 
to five  acts,  Horat.  Art.  Pott.  189.  the  subdivision  into  scenes  is 
thought  to  be  a  modern  invention. 

Between  the  acts  of  a  tragedy  were  introduced  a  number  of  sing- 
ers called  the  CHORUS,  Horat.  de  Art.  Poet.  193.  who  indeed  ap- 
pear  to  have  been  always  present  on  the  stage.  The  chief  of  them, 
who  spoke  for  the  rest,  was  called  Chorngus  or  Corgphaut.    But 

<  8m  Theatre  of  the  Oreakff  p.  0. 


DRAMATIC  ENTERTAINMENTS.  301 

CaoKAGHS  k  usually  put  for  ihe  person  who  furnished  th^  dresses, 
and  took  care  of  all  the  apparatus  of  the  stage,  PlauL  Ptrs.  i.  3.  79. 
Trinumm.  iv.  2.  16.  Suti.  Aug.  70.  and  choragium  for  the  appara*. 
tus  itself,  {instrumentnm  scenarum^  Fest.)  Plaut.  Capt  prol.  61.  Plin. 
xxxvi.  15.  choragia  for  choragi,  Vitruv.  v.  9.  hence  faUa  choragium 
glori<B9  comparetur^  their  dress  may  be  compared  to  false  glory,  Ci'c, 
ad  Herenn.  iv.  50. 

The  Chorus  was  introduced  in  the  ancient  comedy,  as  we  see  from 
Aristophanes ;  but  wlien  its  excessive  license  was  suppressed  by  law, 
the  Chorus  likewise  was.  silenced,  Horat,  Art,  Poet,  283.  A  Cho^ 
vagus  appears  and  makes  a  speech,  Plaut,  Cure,  iv.  1. 

The  music  chiefly  used  was  that  of  the  flute,  which  at  first  was 
small  and  simple,  and  of  few  holes,  Horat,  Art,  Poet,  202.  but  after- 
wards  it  was  bound  with  brass,  had  more  notes  and  a  louder  sound. 
Some  flutes  were  double,  of  various  forms.  Those  most  frequent- 
ly mentioned,  are  the  TibiiB  dextrts  and  sinistra^  pares  and  impares^ 
which  have  occasioned  much  disputation  among  critics,  and  still  ap- 
pear not  to  be  sufliciently  ascertained.    The  most  probable  opinion 
is,  that  the  double  flute  consisted  of  two  tubes,  which  were  so  joined 
together  as  to  have  but  one  mouth,  and  so  were  both  blown  at  once. 
That  which  the  musician  played  on  with  his  right  hand  was  called 
tibia  dextra^  the  right-handed  flute  ;  with  his  left,  tibia  sinistra,  the 
left-handed  flute.    The  latter  had  but  few  holes,  and  sounded  a  deep 
serious  bass ;  the  other  had  more  holes,  and  a  sharper  and  more 
lively  tone.     Plin.  16.  36.  s,  66.  Farr.  R.  R.  I.  2.  15.     When  two 
•r^t  or  left-handed  flutes  were  joined  together,  they  were  called  it- 
bia  pares  dextrce^  or  tibia  pares  sinistra.  The  flutes  of  different  sorts 
were  called  tibia  impares,  or  tibia  dextra  et  sinistra.    The  rieht- 
handed  flutes  were  the  same  with  what  were  called  the  Lydian 
flutes,  ( Tibi£B  Lydia^)  and  the  left-handed  with  the  Tyrian  flutes, 
(Tibia  Tyria  or  SarrancSy  vel  Serrana,)     Hence  Virgil,  Biforem  dat 
tibia  cantuntf  i,  e,  bisvnum^  imparem,  JEn.  ix.  618.     Sometimes  the 
flute  was  crooked,  Firg,  Xn,  vii.  737.  Ovid,  Met.  iii.  532.  and  is  then 
called  7t62a  Phrygia  or  cornu^  Id.  de  Pont.  !•  i.  39.  Fast.  iv.  181. 

HI.  PANTOMIMES  were  representations  by  dumb  show,  in 
which  the  actors,  who  were  called  by  the  same  name  with  their  per« 
formancea,  {Mimi  vel  Pantomimic)  expressed  every  thing  by  their 
dancing  and  gestures  without  speaking,  (loquaci  manu  ;  hence  called 
also  Chironami,)  Juvenal,  xiii.  110.  vi.  63.  Ovid,  Trist.  ii.  515. 
Martial,  iii.  86.  Horat.  i.  18.  13.  ii.  2.  125.  Manil.  v.  474.  Suet. 
Ner.  54.  But  Pantomimi  is  always  put  for  the  actors,  who  were  like- 
wise  called  Planipedes^  because  they  were  without  shoes,  (excalceali^) 
Senec.  Epist.  8.  Quinctilian.  v.  11.  Juvenal,  viii.  191.  Gell.  i.  11. 
They  wore,  however,  a  kind  of  wood  or  iron  sandals,  called  Sca- 
BiLLA  or  Scabella,  which  made  a  rattling  noise  when  they  danced, 
Cic.  Cal.  27.  Suet,  Cal.  54. 

The  Pantomimes  are  said  to  have  been  the  invention  of  Augustus ; 
for  before  his  time  the  Jtftmt  both  spoke  and  acted. 
MIMUS  is  put  both  for  tha  actor  and  for  what  he  acted»  Cic.  Cal^ 


A 


30&  ROMAN  ANTIQUITIES; 

97.  Fern  iii.  36.  Rabir.  Post.  12.  Phil.  ii.  27.  not  only  on  ibt 
stage,  but  elseiT^here,  Suet.  Ca$.  39.  J/er.  4.  0th.  3.  Ca/fg.  45.  .tfii^* 
45.  100.  S«n.  £;?.  80.  Juvenal,  viii.  108. 

The  most  celebrated  composers  of  mimical  performances  or 
farces,  (mimogrdphi,)  were  Laberius  and  Publius  Syrus»  in  the  time 
of  Julius  Caesar,  Suet.  Jul.  39.  Horat.  Sat.  i.  10.  6.  Gell.  zYii.  14» 
The  most  famous  Pantomimes  under  Augustus  were  Pylade«, 
and  Bathyllus,  the  favourite  of  Maecenas,  Tacit.  Annal.  i.  54.  He 
is  called  by  the  Scholiast  on  Persius,  v.  123.  his  freed  man,  (libertus 
Macenatis  ;)  and  by  Juvenal,  mollis ,  vi.  63.  Betveeen  them  there 
was  a  constant  emulation.  Pylades  being  once  reproved  by  Augus- 
tus on  this  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  banished  by 
the  power  of  the  opposite  party,  but  soon  after  restored,  Dio.  liv. 
17.  Macrob.  Sat.  ii.  7.  The  factions  of  the  different  players,  Se- 
nec.  Ep.  47.  Mat.  Q.  vii.  22.  Petron.  5.  sometimes  carried  their 
discords  to  such  a  length,  that  they  terminated  in  bloodshed,  Stie<. 
Ttb.  37. 

The  Romans  had  rope  dancers,  (FoNAMBCbLi,  SchmnobdtcRveX  Meu^ 
robdtcB)  who  used  to  be  introduced  in  the  time  of  the  play,  Ter.  Hec. 
Prol.  4.  34.  Juvenal,  iii.  77.  and  persons  who  seemed  to  fly  in  the 
air,  (PETAURisTiE,)  who  darted  (jactabant  vel  excutiebant)  their  bo- 
dies from  a  machine  called  Petaurum,  vel  -us,  Festus.  Juvenal,  xiv. 
265.  Manil.  iii.  438.   Martial,  ii.  86 ;  also  interludes  or  musical  en- 
tertainments, called  Emrolia,  Cie.  Sext.  54.  or  acroam ata  ;  but  this 
last  word  is  usually  put  for  the  actors,  musicians,  or  repeaters  them- 
selves, who  were  also  employed  at  private  entertainments,  Cic.  ibid. 
Verr.  iv.  22.  ArQh.  9.  Suet.  Aug.  74.  Macrob.  Sat.  ii.  4.  J^ep.  Att.  14. 
The  pla^s  were  often  interrupted  likewise  by  the  people  calling 
out  for  various  shows  to  be  exhibited  ;  as,  the  representation  of  bat- 
tles, triumphal  processions,  gladiators,  uncommon  animals,  and  wild 
beasts,  &c.     The  noise  which  the  people  made  on  the  occasions,  is 
compared  by  Horace  to  the  raging  of  the  sea,  Epist.  II.  i.  185.  6lc. 
In  like  manner,  their  approbation,  (;>/ati^ti9,)  and  disapprobation,  (W- 
biluA^  strepitus,  fremitus,  clamor  tonitnaim,  Cic.  Fam.  viii.  2.  JUtuia 
pastoritia,  Att.  16.)  which  at  all  times  were  so  much  regarded,  Cic» 
Pis.  27.     Sext.  54. 55.  56.  &c.     Horai.  Od.  i.  20.  iL  J7. 

Those  who  acted  the  principal  part  of  a  play,  were  called  Adorer 
primarum  partium  ;  the  second,  secundarum  partium  ;  the  third,  terti" 
arum,  &c.  Ter.  Phorm.  prol.  28.  Cic.  in  Caecil.  15.  A  Ascon.  in  loc. 
The  actors  were  applauded  or  hissed,  as  they  performed  their 
parts,  or  pleased  or  displeased  the  spectators,  Quinctilian.  vi.  1.  Cic. 
Rose.  Com.  2.  Att.  i.  3.  16.  When  the  play  was  ended,  an  actor  al- 
ways said,  Plaqdite,  TerenC^c. 

Those  actors  who  were  most  approved,  received  crowns,  6cc  as 
at  other  games ;  at  first  composed  of  leaves  or  flowers,  tied  round 
the  head  with  strings,  called  Stroppi,  strophia,  v.  -iolay  Festus.  Plin. 
xxi.  L  aflerwards  of  thin  plates  of  brass  gilt^  («  lamina  tsrea  fe* 


DRAMATIC  ENTERTAINMENTS.  308 


mn  matnrata  out  inargentatat)  called  Corolla  or  coroUmiaf  first 
made  by  Crassus  of  gold  and  silver,  Plin.  xxi.  2.  3.  Hence  CORO- 
LiIARIUMy  a  reward  given  to  players  over  and  above  their  just  hire* 
(atkUium  prtzior  quam  quod  aebitum  est^)  Yarro.  de  Lat.  Ling.  iv. 
3&  Plin.  £p.  vii.  24.  Cic.  Yerr.  lii.  79.  iv.  22.  Suet.  Aug.  45.  or 
any  thing  given  above  what  was  promised,  Cic.  Verr.  iii.  50.  Plin. 
ix.  35.  8.  57.  The  Emperor  M.  Antonius  ordained  that  players 
dKMild  receive  from  five  to  ten  gold  pieces,  (aureij)  but  no  more, 
CapUolin.  11. 

jThe  place  where  dramatic  representations  were  exhibited,  was 
called  THEATRUM,  a  theatre,  (a  4«aefMKj,  video.)  In  ancient  times 
the  people  viewed  the  entertainments  standing ;  hence  sianieB  for 
spectators,  Cic.  Amic,  7.  and,  A.  U.  599,  a  decree  of  the  senate  was 
made,  prohibiting  any  one  to  male  seats  for  that  purpose  in  the  city, 
or  within  a  mile  of  it.  At  the  same  time  a  theatre,  which  was  build* 
ing,  was,  by  the  appointment  of  the  senate,  ordered  to  be  pulled 
down,  as  a  thin^  hurtful  to  good  morals,  {nociiurumpidflicis  moribus^) 
lAv.  Epit.  xlviii.  Yaler.  Max.  ii.  4.  3. 

Afterwards  temporary  theatres  were  occasionally  erected.  The 
most  splendid  was  that  of  M.  iEmilius  Scaurus,  when  sedile,  which 
contained  80,000  persons,  and  was  adorned  with  amazing  magni> 
ficence,  and  at  an  incredible  expense,  Plin.  xxxvi.  15.  s.  24  8. 

Curio,  the  partisan  of  Ceesar,  at  the  funeral  exhibition  in  honour 
of  his  father,  (funebri  patris  munere,)  made  two  larse,  theatres  of 
wood,  adjoining  to  one  another,  suspended,  each,  on  binges,  (carcli- 
num  singulorum  veruUili  stispensa  libramento^)  and  looking  opposite 
ways,  (inter  se  aversa,)  so  tnat  the  scenes  should  not  disturb  each 
other  by  their  noise,  {ne  invicem  ohstreperent ;)  in  both  of  which  he 
acted  stage-plays  in  the  former  part  of  the  day  ;  then  having  sudden- 
ly wheeled  them  round,  so  that  they  stood  over  against  one  another, 
and  thus  formed  an  amphitheatre,  he  exhibited  shows  of  gladiators 
in  the  afternoon,  Plin.  xxxvi.  15. 

Pompey  first  reared  a  theatre  of  hewn  stone  in  his  second  consul- 
shipi  which  contained  40,000 ;  but  that  he  might  not  incur  the  ani- 
mtulversion  of  the  censors,  he  dedicated  it  as  a  temple  to  Yenus, 
Suti.  Claud.  21.  Terlullian.  de  Sped.  10.  Plin.  viii.  7.  Dio.  xxxix. 
38.  Tacii.  xiv.  19.  There  were  afterwards  several  theatres,  and 
in  particular  those  of  Marcellus,  Dio.  xliii.  49<  and  of  Balbus,  near 
that  of  Pompey,  Ovid.  Trisi,  iii.  12.  13.  Amor.  ii.  7.  3.  hence  called 
tria  theaira,  the  three  theatres.  Suet.  Aug.  45.  Ovid.  Art.  iii.  394. 
Trisi.  iii.  12.  24. 

Theatres  at  first  were  open  at  top,  and,  in  excessive  heat  or  rain, 
coverings  were  drawn  over  them,  as  over  the  amphitheatre,  Plin^ 
xix.  1.  s.  6.  xxxvi.  15.  s.  24.  Lucret.  iv.  73.  but  in  later  times  they 
were  roofed,  Stat.  Silv.  iii.  5.  91. 

Among  the  Greeks,  public  assemblies  were  held  in  the  theatre, 
Cic.  Flacc.  7.  Tacit,  ii.  80.  Senec.  Epist.  108.  And  among  the  Ro- 
mans it  was  usual  to  scouree  malefactors  on  the  stage,  Suet.  Aug. 
47.    This  the  Greeks  called  Osor^i^eiv  et  v'a^ajci^jxari^siv. 


304  ROMAN  ANTIQUITIES. 

The  theatre  was  of  an  oblong  semicircular  form,  like  the  half  of 
an  amphitheatre,  Plin,  xixvi.  I6«  The  benches  or  seats,  (gradtu 
vol  cunti)  rose  above  one  another,  and  were  distributed  to  the  differ* 
ent  orders  in  the  same  manner  as  in  the  amphitheatre.  The  fore- 
most rows  next  the  stage,  called  Orchestra,  were  assigned  to  the  se- 
nators and  ambassadors  of  foreign  states ;  fourteen  rows  beliind 
them  to  the  eouites^  and  the  rest  to  the  people,  Suet.  Au^.  44.  The 
whole  was  called  CA VEA    The  foremost  rows  were  called  Cavett 

?rimaf  or  ima  ;  the  last,  cavea  ultima  or  ifumma^  CicBenect.  14. 
!*he  middle,  cavea  media.  Suet.  ibid. 
The  parts  of  the  theatre  allotted  to  the  performers,  were  called 
Scena  Posisceniwn,  Proscenium,  Pulpitum,  and  Orchestra. 

1.  SCENA,  the  scene,  was  ado^ped  with  columns,  statues,  and 

Etctures  of  various  kinds,  according  to  the  nature  of  the  plays  exhi- 
ited,  yilruv.  ▼.  8.  to  which  Virgil  alludes,  Mn.  i.  166.  432.  The 
ornaments  were  sometimes  inconceivably  magnificent,  fooler.  Max, 
ii.  4.  6.  Plin.  xxxvi.  15.  s.  24. 

When  the  scene  was  suddenly  changed  by  certain  machines,  it 
was  called  Scena  Vbrsatilis  ;  when  it  was  drawn  aside,  Scena 
DUCTiLis,  Serv,  ad  Virg*  6.  iii.  24. 

The  scenery  was  concealed  by  a  curtain,  (AUL^UM  vel  Sipa-' 
Hum,  oftener  plural  -a,)  which,  contrary  to  the  modern  custom,  was 
dropt  ( premehatur)  or  drawn  down,  as  among  us  the  blinds  of  a  car- 
riage, when  the  play  began,  and  raised  {tollebatur)  or  drawn  up, 
when  the  play  was  over ;  sometimes  also  between  the  acts,  Horal, 

?p.  ii.  1.  189.  Art.  Poet.  154.  Ovid.  Met.  iii.  Hi.  Juvenal,  vi.  166. 
he  machine  by  which  this  was  done  was  called  Exostra,  Civ.prov. 
Cons.  6.  Curtains  and  hangings  of  tapestry,  were  also  used  in  pri- 
vate houses,  Firg.  Mn.  i.  701.  Horat.  Od.  iii.  29.  15.  Sat.  ii.  8.  54. 
called  Aulaa  Attalica,  because  said  to  have  been  first  invented  at 
the  court  of  Attalus,  king  of  Pergamus,  in  Asia  Minor,  Propert.  it. 
23.  46.  Serv.  in  Virg.  JEn.  i.  701. 

2.  POSTCENIUM,  the  place  behind  the  scene,  where  the  actors 
dressed  and  undressed  ;  and  where  those  things  were  supposed  to 
be  done,  which  could  not  with  propriety  be  exhibited  on  the  stage, 
Horat.  de  Art.  P.  182.  Lucret.  iv.  1178. 

3.  PROSCENIUM,  the  place  before  the  scene,  where  the  actors 
appeared. 

The  place  where  the  actors  recited  their  parts  was  called  PUL- 
PITUM  ;  and  the  place  where  they  danced,  ORCHESTRA,  which 
was  about  five  feet  lower  than  the  Puipitum,  Vitruv.  v.  6.  Hence 
Ludibria  scend  et  pulpito  digna^  buffooneries  fit  only  for  the  stage, 
Plin.  Ep.  iv.  25. 


LfiVYING  OF  SOLDIERS.  90S 

MIUTARY  AFFAIRS  of  the  ROMANS. 

I.  LEVYING  of  SOLDIERS. 

The  Romans  vrere  a  nation  of  warriors.  Every  citizen  was 
obliged  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 .  campaigns,  Polyb.  vi. 
17.  Every  foot  soldier  was  obliged  to  serve  twenty  campaigns,  and 
every  horseman  ten. '  At  first,  none  of  the  lowest  class  was  enlisted 
as  soldiers,  nor  freedmen,  unless  in  dangerous  junctures,  Liv.  x.  21. 
xxii.  11.  57.  But  this  was  afterwards  altered  by  Marius,  SallusU 
Jug.  86.  Gtll.  xvi.  10. 

The  Romans,  during  the  existence  of  the  republic,  were  almost 
always  engaged  in  wars  ;  first,  with  the  different  states  of  Italy,  for 
near  500  years,  and  then  for  about  200  years  more  in  subduing  the 
various  countries  which  composed  that  immense  empire. 

The  Romans  neveir  carried  on  any  war  without  solemnly  pro- 
claiming  it.     This  was  done  by  a  set  of  priests  called  Feciales. 

When  the  Romans  thought  themselves  mjured  by  any  nation,  they 
sent  one  or  more  of  these  FeciaUs  to  demand  redress,  {ad  res  repe* 
tendas^)  lAv.  iv.  30.  xxxviii.  45.  Van*.  L.  L.  iv.  15.  Dionys,  ii.  72» 
and,  if  it  was  not  immediately  given,  thirty-three  days  were  granted 
to  consider  the  matter,  after  which,  war  might  be  justly  declared. 
Then  the  FeciaUs  again  went  to  their  confines,  and  having  thrown 
a  bloody  spear  into  them,  formally  declared  war  against  that  nation, 
Liv.  i.  32.  The  form  of  words,  which  he  pronounced  before  he 
threw  the  spear,  was  called  CLARI6ATIO,  (a  clara  voce  qua  utt" 
batur,)  Serv.  in  Yirg.  ^n.  ix.  52.  x.  14.  Plin.  xxii.  2.  Afterwards, 
when  the  empire  was  enlarged,  and  wars  carried  on  with  distant 
nations*  this  ceremony  was  periTormed  in  a  certain  field  near  the 
city,  which  was  called  Aqer  Hostilis,  Ovid.  Fast.  vi.  205.  Thus 
Augustus  declared  war  professedly  against  Cleopatra,  but  in  reality 
against  Antony,  Dio.  i.  4.  So  Marcus  Antoninus,  before  he  set  out 
to  war  against  the  Scythians,  shot  a  bloody  spear  from  the  temple 
of  Bellona  into  the  ager  hostiiis,  Dio.  Ixxi.  53. 

In  the  first  ages  of  the  republic,  four  legions  for  the  most  part  were 
annually  raised,  two  to  each  consul :  for  two  legions  composed  a 
consular  army.  But  often  a  greater  number  was  raised,  ten,  Liv.  ii. 
30.  vii.  35.  eighteen,  xxiv.  11.  twenty,  xxx.  2.  twenty-one,  xxvi.  28. 
xxvii.  24.  twenty-three,  xx.  1.  xxviii.  38.  Under  Tiberius  twenty- 
^five,  even  in  time  of  peace,  besides  the  troops  in  Italy,  and  the 
forces  of  the  allies.  Tacit.  Annal.  iv.  5.  under  Adrian  thirty,  Spar^ 
tian.  15.  In  the  529th  year  of  the  city,  upon  the  report  of  a  Gallic 
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  w«re 
cultivated  chiefly  by  slaves,  Liv:  vi.  12.  it  was  not  so  easy  to  procure 
soldiers.    Hence,  after  the  destruction  of  Quinttlius  Varus  and  hit 

39 


906  ROMAN  ANTIQUiTISSL 


to  defend  Italy  and  Rome,  which  be  wag  afraid  the  Crermans  and 
Gauls  would  attack,  without  using  the  greatest  rigour,  Dio.  Wi.  23. 

The  consuls,  after  tliey  entered  on  their  office,  appointed  a  day 
(diem  edicebant,  vet  indicebani,)  on  which  all  those  who  were  of  the 
military  age  should  be  present  in  the  capitol,  Liv,  xxvi.  31.  Pofyb. 
Ti.  17. 

On  the  day  appointed,  the  consuls,  seated  in  their  curule  chairs, 
held  a  levy  (dthctam  habtbarU^  by  the  assistance  of  the  military  or 
legionary  tribunes,  unless  hindered  by  the  tribunes  of  the  commons^ 
Liv.  iii.  51.  iv.  1.  It  was  determined  by  lot  in  what  manner  the 
tribes  should  be  caUed. 

The  consuls  ordered  such  as  they  pleased  to  be  cited  out  of  each 
tribe,  and  every  one  was  obliged  to  answer  to  his  name  under  a  se- 
vere penalty.  Lav.  iii.  11  &  41.  Gtll.  xi.  5.  Valer.  Max,  vi.  3.  4. 
They  were  careful  to  choose  {Ugere)  those  first,  who  had  what  they 
thought  lucky  names,  (bona  nomtna,)  as  Falerius^  ^alvitts^  Statorius, 
&c.  Cic.  Divin.  i.  45.  Festics  in  Voce  Likcus  Lucruvus.  Their 
names  were  written  down  on  tables  ;  hence  icfibere^  to  enlist^  to 
levy  or  raise. 

In  certain  wars,  and  under  certain  commanders,  there  was  the 
greatest  alacrity  to  enlist,  {nomina  dare,)  Liv.  x.  25.  xlii.  32.  but  this 
was  not  always  the  case.  Sometimes  compulsion  (coercUio)  was  re- 
quisite ;  and  those  who  refused,  (refractaru,  qui  militiam  detreeta^ 
bant^  were  forced  to  enlist  {aacramento  adacti)  by  fines  and  corpo- 
ral punishment,  (damno  et  virgis,)  Liv.  iv.  53.  vii.  4.  Sometimes 
they  were  thrown  into  prison,  ibid.  &  Dionys.  viii.  or  sold  as  slaves, 
Cic,  Cttcin.  34.  Some  cut  off  their  thumbs  or  fingers  Co  rend^ 
themselves  unfit  for  service :  hence  j^lUce  trunci,  pdtroona.  But 
this  did  not  screen  them  from  punishment,  Suei.  Aug.  24.  Valer. 
Max.  vi.  3. 3.  On  one  occasion  Augustus  put  some  of  the  most  re- 
fractory to  death,  Dio.  Ivi.  23. 

There  were,  however,  several  just  causes  of  exemption  from  mi- 
litary service,  (vacalioms  militia  vel  a  militia,)  of  which  the  chief 
were.  Age,  (Mtas,)  if  above  fifty,  Liv.  xlii.  33.  34.  Disease  or  in- 
firmity, {morbus  vel  vitium,)  Suet.  Aug.  24.  Office,  (Aonor,)  being  a 
magistrate  or  priest,  Plutarch,  in  CamilL  vers.  Jin.  Favour  or  indul- 
gence {beneficium)  granted  by  the  senate  or  people,  Cic.  Phil.  v.  19. 
de  J^at.  D.  ii.  2.  Liv.  xxxix.  19. 

Those  also  were  excused  who  had  served  out  their  time,  (Embri- 
Tl,  qm  stipendia  explevissent,  vel  defuncti,  Ovid.  Amor.  ii.  9.  24.) 
Such  as  claimed  this  exemption,  applied  to  the  tribunes  of  the  com- 
mons. Uv.  u.  55.  whQ  judged  of  the  justice  of  their  claims,  (caus(is 
cognoscebant,)  and  interposed  in  their  behalf  or  not,  as  they  judged 
proper.  But  this  was  sometimes  forbidden  by  the  decree  of  the 
•enate,  Iav.  xxxiv.  56.  And  the  tribunes  themselves  sometiniBs  re- 
ferred  the  matter  to  the  consuls,  Ltv.  xlii.  32. 33.  &c. 

In  Bidden  emergencies,  or  in  dangerous  wars,  as  a  war  in  Itahr 
or  agwnst  tto  Gauls,  which  wascaUed  TUMULTUS,  (quasi  tka^ 


LEVYING  OP  SOLDIERS.  3W 

imikot,  Tel  a  tumta^).  Cic«  PbiV.  ▼.  31.  Tiii.  L  Qninetitian.  Tii.  9. 
DO  regard  was  had  to  Cheat  exctnes,  {Mecius  fine  vacaiionibus  Mn* 
ius  €8t^)  Liv.  yik  11.  28.  viii.  20l  x.  21.  Two  flags  were  displayed 
i;oexiUa  sybiala  vei  prolaia  suntf)  from  the  capitol»  the  one  red,  (ro- 
aetint,)  to  auimnon  the  infantry,  [adp^dites  tvoeandos^)  and  the  other 
^een,  (ctBruleum,)  to  summon  the  cavalry,  Serv,  in  Virg,  j£n.  Tiii.  4. 

On  such  occasions^  as  there  was  not  time  to  go  through  the  usaal 
forms,  the  consul  said,  Qui  rempublicam  salyam  esse  vult,  me  si- 
QUATUR.  This  was  called  CONJURATIO,  or  evocaito,  and  men 
thus  raised,  Conjdrati,  Liv.  xxii.  38^  C(B9.  de  Bell,  G.  Tii.  1.  wb^ 
were  not  ccmsidered  as  regular  soldiers,  Liv.  xW,  2. 

Soldiers  raised  upon  a  sudden  alarm,  {in  lumuliH ;  nam^  TtixuiiTua 
nonnunqmam  Uvior  qucun  bellumy  Liv.  ii.  26.)  wei*e  called  Scjbita* 
mi  {Ua  repentina  ausiiia  appellahant,)  Liv.  iii.  4.  30.  or  Tumultu- 
ABii,  Iav.  i.  37.  XXXV.  2.  not  onl^  at  Rome,  but  also  in  the  pro- 
vinces, ibid*  di:  xl.  26 ;  when^he  sickly  or  infirm  were  forced  to  en- 
list, who  were  called  Causaro,  Iav,  vi.  6.  If  slaves  were  found 
to  have  obtruded  themselves  into  the  service,  {inter  lirones,)  they 
were  sometimes  punished  capitally,  {in  eoe  animadversHm^  est,)  Piin. 
£p.x.  38dt39. 

The  cavalry  were  chosen  from  the  body  of  the  Equiies,  and  each 
had  a  horse,  and  money  to  support  him,  given  them  by  the  public, 
Iav,  i  43. 

On  extraordinary  occasions,  some  Equiiee  served  on  their  own 
horses.  Lav,  v.  7.  But  that  was  not  usually  done  ;  nor  were  there, 
as  some  have  thought,  any  horse  in  the  Roman  army,  but  from  the 
E^tes^  till  the  time  of  Marius,  who  made  a  great  alteration  in  the 
military  system  of  the  Romans,  in  this,  as  well  as  in  other  respects. 

After  that  period,  the  cavalry  was  composed  not  merely  of  Roman 
Equites,  as  formerly,  but  of  horsemen  raised  from  Italy,  and  the  other 
provinces :  and  the  infantry  consisted  chiefly  of  the  poorer  citizens, 
or  of  mercenary  soldiers,  which  is  justly  reckoned  one  of  the  chief 
4UiDses  of  the  ruin  of  the  republic 

After  the  levy  was  completed,  one  soldier  was  chosen  to  repeat 
over  the  words  of  the  military  oath,  (qui  reliquis  verba  sacramenii 
prttiret,)  and  the  rest  swore  after  him,  (in  verba  ejus  jurabanL) 
Every  one,  as  he  passed  alon^,  said.  Idem  in  me,  Festus  in  PaiEJU- 
jSATibNBs,  Ltr.  ii.  45.  Poit/b,  vl  10. 

The  form  of  the  oath  does  not  seem  to  have  been  always  the  same. 
The  substance  of  it  was,  that  they  would  obey  their  commander, 
und  not  desert  their  standards,  &c.  Liv.' iii.  20.  xxii.  38.  Gell,  xvi.  4. 
Sometimes  those  below  seventeen  were  obliged  to  take  the  military 
oath,  (sacranunto  vel  -«m  dictrej)  Liv.  xxii.  57.  xxv.  5. 

Without  this  oath,  no  one  could  justly  fight  with  the  enemy,  d>. 
Off.  i.  1 1.  Hence  sacramenia  is  put  for  a  military  life,  Juvenal,  xvi. 
35.  Livy  says,  that  it  was  first  legally  exacted  in  the  second  Punic 
war,  xxii.  38.  where  he  seems  to  make  a  distinction  between  the  oath 
(Sacrahbntum)  which  formerly  was  taken  voluntarily,  when  the 
troops  w^re  embodied,  and  each  deeuria  of  cavalry,  and  century  of 


308  ROMAN  ANTIQUITIES. 

foot,  swore  among  themselves,  (inier  se  eqttiies  decuriati^pedites  cen^ 
turiati  conjurabanlj)  to  act  like  good  soldiers,  (sesefvgm  acformidu 
nis  ergd  non  abiluros^  neque  ex  ordine  resessuros  ;)  and  the  oath, 
(jusjuRANDUM,)  which  was  exacted  by  the  military  tribunes  after 
the  levy,  {ex  volunlario  inter  ipsos fader e  a  tribunis  ad  legiiimam  ju^ 
risjurandi  actionem  translattim.) 

On  occasion  of  a  mutiny,  the  military  oath  was  taken  away,  Liv. 
xxviii.  29. 

Under  the  emperors,  the  name  of  the  prince  was  inserted  in  the 
military  oath,  Tacit.  Hist.  iv»  31.  and  this  oath  used  to  be  renewed 
every  year  on  his  birth>day,  Piin.  Ep.  x.  60.  by  the  soldiers  and  the 
people  in  the  provinces ;  Id.  Pan.  68.  also  on  the  kalends  of  Janu« 
ary.  Suet:  Galb.  16.  Tacit.  Annal.  xvi.  22.  Hist.  i.  12. 

On  certain  occasions,  persons  were  sent  up  and  down  the  country 
to  raise  soldiers,  called  CONQUSITORES,  and  the  force  used  for 
that  purpose.  Cobrcitio  vel  ConqinMo^  a  press  or  impress,  Ltv. 
xxi.  11.  xxiii.  32.  Cic.  de  Prov.  Cons.  2.  Att.  vii.  21.  Hist,  de  Bell. 
Alex.  2.  Sometimes  particular  commissioners  {triumviri)  were  ap» 
pointed  for  that  purpose,  Liv.  xxv.  5. 

Veteran  soldiers,  who 'had  served  out  their  time,  {Jiomines  emeri^ 
tis  stipendiis^)  were  often  induced  again  to  enlist,  and  were  then  call- 
ed EVOCATI,  Iav.  XXX  vii.  4.  Cic.  Pam.  iii.  7.  C<es.  Btli.  Civ.  iii. 
53.  Sallust.  Jug.  84.  Dio.  xlv.  12.  Galba  gave  this  name  to  a  body 
of  equiteSf  whom  he  appointed  ta  guard  his  person,  Suet.  Galb.  10. 
The  Evocati  were  exempted  from  all  the  drudgery  of  military  ser- 
vice, {caterorttm  immunes,  nisipropuhandi  hostis,)  Tacit.  Annal.  i.  36. 

After  Latium  and  the  states  of  Italy  were  subdued,  or  admitted 
into  alliance,  they  always  furnished  at  least  an  equal  number  of  in- 
fantry with  the  Romans,  and  the  double  of  cavalry,  Liv.  viii.  8.  xxii. 
36.  sometimes  more.  (See  p.  65.)  The  consuls,  when  about  to 
make  a  levy,  sent  them  notice  what  number  of  troops  they  required, 
{ad  aocios  Latinumque  nemenad  milites  ex  formula  accipiendos  mit* 
tuntf  arma,  tela,  alia  pararijubent^  Liv.  xxii.  57.)  and  at  the  same 
time  appointed  the  day  and  place  of  assembling,  {qub  convenirent^ 
Liv.  xxxiv.  56.  xxxvii.  4. 

The  forces  of  the  allies  seem  to  have  been  raised,  {scripti  vel  con- 
scripti,)  much  in  the  same  manner  with  those  of  the  Romans.  They 
were  paid  by  their  own  states,  Liv.  xxvii.  9  &  11.  and  received 
nothing  from  the  Romans  but  com  ;  on  which  account  they  had  a 
paymaster  {Quastor)  of  their  own,  Pofyb.  vi.  But  when  all  the  Ita- 
lians  were  admitted  to  the  freedom  of  the  city,  their  forces  were  ia- 
corporated  with  those  of  the  republic. 

The  troops  sent  liy  foreign  kings  and  states  were  called  auxilia- 
ries, (AUXILIARES  milUcs  vel  auxilia,  ab  augto,  Cic.  Att.  vi.  5. 
Varr.  &  Fest.)  They  usually  received  pay  and  clothing  from  the 
republic,  although  they  sometimes  were  supported  by  those  who 
sent  them. 

The  firat  mercenary  soldiers  in  the  Roman  army,  are  said  to  have 
t^»n  the  Celtib^rions  in  Spom,  A.  V,  637.  Uv.  xxiv*  4&    But  tlWB 


DIVISION  OP  THE  TROOPS.  309 

must  have  been  difierent  from  the  auxiliarie's,  who  are  often  men- 
tioned before  that  time,  lAv,  xxi.  46.  48.^55.  56.  xxii.  22. 

Under  the  emperors,  the  Roman  armies  were  in  a  great  measure 
composed  of  foreigners ;  and  the  proTinces  saw  with  regret  the 
flower  of  their  youth  carried  off  for  that  purpose,  TadU  Mist,  iv. 
14.  Agric,  31.  Each  district  was  obliged  to  furnish  a  certain  num- 
ber of  men,  in  proportion  to  its  extent  and  opulence. 

II.  DIVISION  of  ike  TROOPS  in  the  ROMAN  ARMY;  their 
•  ARMS,  OFFICERS,  and  DRESS.       . 

After  the*  levy  was  completed,  and  the  military  oath  administer- 
ed, the  troops  were  formed  into  legions,  (LEG]0  a  legendo,  quia 
tnilites  in  delecttt  legebantur,  Farro.  L,  L,  iv.  16.  which  word  is 
sometimes  put  for  an  army,  ib.  ii.  26.  dtc.  Saliust.  Jvg.  79.) 

Each  legion  was  divided  into  ten  cohorts,  each  cohort  into  three 
maniples,  and  e^ch  maniple  into  two  centuries,  (MANIPULtJS,  em 
manipulo  ve\fasciculofcBni,  hast^B,  vel  perlioB  longa  alligato,  gyem 
quo  signo  primum  gerebat,  Ovid.  Fast.  iii.  117.)  So  that  there 
were  thirty  maniples  and  sixty  centuries  in  a  legion,  GelL  xvi«  4. 
and  if  there  always  had  been  J  00  men  in  each  century,  as  its  name 
imports,  the  legion  would  have  consisted  of  6000  men.  But  this  was 
iiot  the  case. 

The  number  of  men  in  a  legion  was  diflferent  at  different  times, 
Iav.  vii.  25.  viii.  8.  xxvi.  28.  xxix.  24.  xlii.  31.  xlii.  12.  Cas.  B. 
C.  iii.  106.  B.  AL  69.     In  the  time  of  Polybius  it  was  4200. 

There  were  usually  3U0  cavalry  joined  to  each  legion,  called  JUS- 
TUS EQUITATUS,  or  ALA,  ibid.  *•  Lir.  iii.  62.  They  were 
divided  into  ten  turma  or  troops  ;  and  each  turma  into  three  decu- 
ricB,  or  bodies  of  ten  men. 

The  different  kinds  of  infantry  which  composed  the  legion,  were 
three,  the  Hastati,  Principes,  and  Triarii 

The  HASTATI  were  so  called,  because  they  first  fought  with 
long  spears,  {kasta,)  which  were  afterwards  laid  aside  as  inconve- 
nient, Varro  de  Lat.  ling.  iv.  16.  They  consisted  of  young  men  in 
the  flower  of  life,  and  formed  the  first  line  in  battle,  Liv.  viii.  8. 

The  PRINCIPES  were  men  of  middle  age  in  the  vigour  of  life  ; 
they  occupied  the  second  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  Pilum  or  javelin  which  they  used ; 
and  the  Hastati  and  Principes,  who  stood  before  them,  were  called 
Antefilam. 

There  was  a  fourth  kind  of  troops,  called  VELITES,  from  their 
swiftness  and  agility,  (a  volando  vel  velocitate,)  the  light-armed  sol- 
diers, (milites  levis  artnatur€B,  vel  expediti,  vel  levis  armatura,)  first 
instituted  in  the  second  Punic  war,  Uv,  xxvi.  4.  These  did  not 
foi'm  ft  part  of  the  legion,  and  bad  no  certain  post  assigned  them  s 


ai9  ROMAN  ANTIQUITIES. 

but  fouf^t  io  scattered  parties  where  occasion  required,  uaiially  be- 
fore the  lines.  To  them  were  joined  the  sKngers  and  archers,  FUN- 
DITORES  Balearic,  Achat,  &c.  Liv.  xx\.  '21.  nviii.  37.  xxxviiL  31. 
2a  8AGITTARU  CrtUmea,  Arubts,  &G.  Uv.  xxxvii.  4a  xlii.  35. 

The  light*armed  troops  were  anciently  called  Ftrtniarii :  Rorm- 
rtt)  {quod  ante  rorat  quam  piuit,  Yarr.  L.  L.  vi.  3.)  and,  acccMxIing 
to  some,  Accensu  Others  made  the  Acanti  siiperBumerary'sdklierSy 
who  attended  the  army  to  supply  the  place  of  those  legendary  sol- 
diers, who  died  or  were  slain,  Fesius  in  Accensi  et  .^MCBiPTini, 
Varro,  ibid.  In  the  mean  time,  however,  they  were  ranked  among 
the  light-armed  troops.  These  were  formed  into  distinct  compa- 
nies, (expsdili  manipuli  et  expedites  cohortes,)  and  are  sometimea  op- 
posed to  the  legionary  cohorts,  Salluit.  Jug.  46.  90.  lOOw 

The  soldiers  were  often  denominated,  especially  under  the  em- 

gsrors,  from  the  number  of  the  legion  in  which  they  were  ;  thosy 
rimani^  the  aoldiers  of  the  first  legion  :  Secundani^  Tertiaiii,  Qucrr- 
tanif  Quifitmnif  Decimani,  Tertiadecimaniy  Vieesimmni,  Duodevietgi' 
manij  Duo  et  vicesimani^  &c  Tacit.  Hist.  iv.  36.  37.  iii.  27.  v.  1. 
Suet  Jul.  70. 

The  Vetltes  were  equipped  with  boms,  Mngs,  seven  javdina  or 
■pears  with  slender  points  like  arrows,  so  that  when  thrown  they 
bent,  and  could  not  easily  be  returned  by  the  enemy,  quorum  itfum 
inhahile  ad  remittendum  imperitie  est,  Liv.  xxiv.  34.  a  Spanish  txDord 
having  both  edge  and  point,  (quo  ccBsim  et  punctum  peitbant,  Liv.) 
a  round  buckler  (farm  a)  about  three  feet  indiameter,  noade  of  wood 
and  covered  with  leather ;  and  a  helmet  or  cask,  for  the  head,  (GA- 
L£A  vel  Cialerus,)  generally  made  of  the  skin  of  some  wild  beast, 
to  appear  the  more  terrible,  Pofyb.  vi.  20. 

The  arna  of  the  Hastati,  Pnncipes,  and  TWant,  both  defenaiv« 
(artna  ad  tegendum)  and  offensive  {tela  ad  petendum)  were  in  a 
great  measure  the  same ;  Poli^b.  vi.  20  &  22. 

1.  An  oblong  shield  (SCUTUM)  with  an  iron  boss  (umbo) 

jutttnff  out  in  the  middle,  four  feet  long  and  two  feet  and  a  half 
DrMMi,  made  of  wood,  joined  together  with  little  plates  of  iron,  and 
the  whole  covered  with  a  bull's  hide :  sometimes  a  round  shield 
(Clypexts)  of  a  smaller  size. 

^3.  A  head  piece  (GALEA  vel  Cassis  v.  -ida)  o(  brass  or 

iron,  coming  down  to  the  shoulders,  but  leaving  the  face  uncovered, 
Flor.  iv.  2.  whence  the  command  of  Caesar  at  the  battle  of  Pharsa- 
lia,  which  in  a  great  measure  determined  the  fortune  of  the  day,  Fa- 
ciBM  FBai,  MILKS,  Flor.  iv.  2.  Pompey's  cavalry  being  chiefly  com- 
posed of  young  men  of  rank,  who  were  as  much  afraid  of  having 
their  visages  disfigured  as  of  death.  Upon  the  top  of  the  heliMl 
was  the  crest,  (Crista,)  adorned  with  plumes  of  feathers  of  varioua 
colours. 

• 3.  A  coat  of  mail,  (LORICA,)  ffenerally  made  of  leathert 

covered  with  plates  of  iron  in  the  form  of  scales,  or  iron  rings  twist- 
ed within  one  another  like  chains  {hamis  concerta.)    Instead  of  th^ 


DIVISION  OF  THB  TROOPS.  311 

coat  of  mail,  BKMt  used  only  a  pkte  of  bnss  on  the  hreBM^  {thomsf 

-4.  Greaves  for  the  legs,  (OCRE^,)  lAv,  ix.  40.  i^gmirm 

enuwmt  Viis.  iBo.  xl  777.  sometimes  only  on  the  right  leg,  Feget. 
i.  20.  and  a  Kind  of  shoe  or  covering  for  the  feet,  calfed  Gfl^«,  set 
with  nails,  Juwmad.  xvi.  24.  used  uiefly  by  the  common  soldiers, 
{jfTtgmrii  vel  manifi^artM  miliitff)  whence  the  emperor  Caligula  had 
bis  name,  Stui.  Cai.  ix.  52.  TacU.  ArmaL  i.  41.  dc.  AiL  il  3.  Henoe 
CaiigatuM^  a  common  soldier,  SuH.  Aug.  25.  Marius  a  caliga  ad  coti- 
tukUum  perducUu^  from  being  a  common  soldier,  Semec.  de  betu  v.  16« 

5.  A  swond  {gladiua  vel  eitm)  and  two  long  javetim,  (Fn<A.) 

The  cavalry  at  first  used  only  their  oixlinary  clothing  for  the  sake 
of  agiUty,  that  they  might  more  eastiy  mount  their  horses ;  for  they 
had  BO  stirrups,  (Staplb  vel  Stapbda,  as  they  were  afterwan^ 
called.)  When  they  were  first  used  is  uncertain.  There  is  no  men- 
tion  or  them  in  the  classics,  nor  do  they  appear  on  ancient  coins 
and  statues.  Neither  had  the  Romans  saddles,  such  as  ours,  but  cer- 
tain coverii^  of  cloth,  {vtMs  siragula)  to  sit  on,  called  EPHIP- 
PIA,  Horat.  Ep.  i.  14.  44.  vel  Stkata,  with  which  a  horse  was  said 
to  be  coKSTaATus,  Liv.  xxi  54.  T4iese  theiSermans  despised,  Csf. 
£.6.  iv«  8.    The  Numidian  horse  had  no  bridles,  Liv.  xxxv.  1 1. 

But  the  Roman  cavalry  afterwards  imitated  the  manner  of  the 
Greeks,  and  used  nearly  the  same  armour  with  the  foot,  Polvb*  vi. 
23.  Thus,  FKny  wrote  a  book  dtjaculaiiont  equesiri^  about  the  art 
of  using  the  javdin  on  horseback,  P/tn.  Ep.  iii.  4. 

Horsemen  armed  eop-a^ii^  that  is,  completely  from  head  to  foot* 
were  called  Loricati  or  Cataphracti,  Liv.  xxxv.  48.  xxxviL  40. 

In  each  legion  there  were  six  military  tribunes,  (see  p.  165.) 
who  commanded  under  the  consul,  each  in  his  turn,  generally  month 
about,  Iav.  xL  41.  Horat.  Sat.  L  6.  48.  In  battle  a  tribune  seems 
to  have  had  the  charge  of  ten  centuries,  or  about  a  thousand  men ; 
hence  called  in  Greek,  x'^^fX^(>  ^^1  *^^-  Under  the  emperors,  they 
were  chosen  chiefly  from  the  senators  and  equites^  hence  called 
Laticlavii  and  AxfousticIiAVii,  Suit.  0th.  10.  One  of  these  seems 
to  be  called  Tribunis  cohortis,  Plin.  Ep.  iii.  9.  and  their  command 
to  have  lasted  only  six  months ;  hence  called  sbmestris  tbibuna- 
TUB,  Plin.  Ep.  iv.  4.  or  semestrs  aurum,  Juvenal,  vii.  8.  because 
they  had  the  right  of  wearing  a  golden  ring. 

The  tribunes  chose  the  officers  who  commanded  the  centuries 
(cfiNTua-ioMBs  vel  ordinum  ductorts^  from  the  common  scddiers,  ac- 
cording to  their  merit,  Lix.  xlii.  34.  Cec*.  vi.  39.  Lucan.  i.  645.  vi. 
145.  But  this  oflice  (centurionalus)  was  sometimes  disposed  of  by 
the  consul  or  proconsul,  through  favour,  and  even  for  monev,  Ctc. 
Pis.  36. 

The  badge  of  a  centurion  was  a  vine-rod  or  sapling,  (vitis,)  Plin. 
xiv.  1.  s.  3.  JWcii.  i.  23.  Juvenal,  viii.  247.  Ovid.  Art.  Am.  i.  527. 
hence  vite  danotri^  to  be  made  a  centurion ;  vitem  poscere^  to  ask 
that  office,  Juvenal,  xiv.  193.  gercre^  to  bear  it.     Lucan.  vK  146. 

There  were  two  centurions  in  each  maniple  called  by  the  same 


812  ROMAN  ANTIQUITIES, 

name,  but  distinguished  by  the  title  prior^  former,  and  posterior^  hkU 
ter,  because  the  one  was  chosen  and  ranked  before  the  other,  Tacit. 
Ann,  i.  32.  Dionys.  ix.  10. 

Under  the  emperors,  persons  were  made  centurions  all  at  once 
through  interest,  Vio.  lii.  25. 

The  centurion  of  the  first  century  of  the  first  maniple  of  the  7W- 
arii^  was  called  Centurio  priini  pili,  vel  primi  orrfiww,  Liv.  xxv.  19. 
or  Primus  Pilus^  primipilus^  or  primopilus,  Cies.  B.  G.  ii.  25.  also 
primus  centurioj  lAv.  vii.  41.  qui  primum  pilum  ducebai^  ib.  13.  Z>iix 
legioniSf  (i  nysiiMv  rou  ra^fMiro^,)  Dionys.  ix.  10.  He  presided  over 
all  the  other  centurions,  and  had  the  charge  of  the  eagle  {aquiiaj)  or 
chief  standard  of  the  legion,  T(zcit.  Hist.  iii.  22.  Faier.  Max.  i.  6« 
11.  whereby  he  obtained  both  profit  and  dignity,  being  ranked  among 
the  tquites^  Juvenal,  xiv.  197.  Martial,  i.  32.  Ovid.  Amor.  iii.  8.  20. 
Pont  iv.  7. 15.  He  had  a  place  in  the  council  of  war  with  the  consul 
and  tribunes.  The  other  centurions  were  called  minorts  ordine^  ib. 
49. 

The  centurion  of  the  second  century  of  the  first  maniple  of  the 
TVuirtt,  was  called  Primipilus  posterior :  so  the  two  centurions  of 
the  second  maniple  of  the  TVianV,  Prior  centurio^  and  posterior  cen- 
turio secundipili ;  and  soon  to  the  tenth,  who  was  called  Centurio 
decimi  pili^  prior  et  posterior.  In  like  manner.  Primus  princeps^  se- 
cundus  princeps^  &c.  Primus  hastatus^  &c.  Thus,  there  was  a  lai^ 
field  for  promotion  in  the  Roman  army,  from  a  commen  soldier  to  a 
centurion  ;  from  being  the  lowest  centurion  of  the  tenth  maniple  of 
Hastatif  {decimus  hastaius  posterior,)  to  the  rank  of  Primipilus,  Liv. 
xlii.  34.  Any  one  of  the  chief  centurions  was  said  ducere  honesttan 
ordinem  ;  as  Virginius,  Liv.  iii.  44. 

The  centurions  chose  each  two  assistants  or  lieutenants,  called 
OPTIONES,  Uragi,  or  Succenturiones,  Liv.  viii.  8.  Festus  in  Optio  ; 
and  two  standard -bearers  or  ensigns,  (S16NIFERI  vel  Vexiilarii,) 
Liv.  vi.  8.  XXXV.  5.  Tacit.  Ann.  i.  81.  Hist,  L  41.  iii.  17.  Cic.  Dmn, 
i.  77. 

He  who  commanded  the  cavalry  of  a  legion  was  called  Frsfbo- 
Tus  ALJB,  Plin.  Ep.  iii.  4. 

Each  Turma  had  three  DECURIONES  or  commanders  of  ten, 
but  he  who  was  first  elected  commanded  the  troop,  Polyb,  vi.  23. 
and  he  was  called  Duxturmje,  Sallust.  Jug.  38.  Each  decurio  had 
an  optio  or  deputy  under  him,  Varr.  de  Lai.  ling.  iv.  16. 

The  troops  of  the  allies  (which,  as  well  as  the  horse,  were  called 
Ala,  from  their  being  stationed  on  the  wings,  Liv.  xxxi.  21.  Gell, 
xvi.  4.)  had  pr»fects  (PRiEFECTI)  appointed  over  them,  who 
commanded  in  the  same  manner  as  the  legionary  tribunes,  Cas,  B, 
G.  i.  39.  Suet.  Aug.  38.  Claud.  35.  Plin.  Ep,  x.  19.  These  troops 
were  divided  into  cohorts,  as  the  Roman  infantry,  Sallust.  Jug.  58. 

A  third  part  of  the  horse,  and  a  fifth  of  the  foot  of  the  allies  were 
selected  and  posted  near  the  consul,  under  the  name  of  Extraordi- 
NARii,  and  one  troop,  called  Ablecti  or  Selecli,  to  serve  as  his  life* 
guards,  Liv.  xxxv,  5.  Polyb.  vi.  28. 


DISCIPUNE  OF  THE  ROMANS,  &c.  313 

It  18  probable  that  the  arms  and  inferior  officera  of  the  allied  troops 
were  much  the  same  with  those  of  the  Romans. 

Two  legions,  with  the  due  number  of  cavalry,  {cumjuato  equUaiu^) 
mnd  the  allies,  formed  what  was  called  a  consular  army,  (exer- 
ciitu  consularis,)  about  20,000  men,  Liv.  x.  25.  in  the  time*  of  Poly- 
bius,  18,600,  Polyb.  vi.  24. 

The  consul  appointed  lieutenant-generals  (LE6ATI)  under  hiro, 
one  or  more,  according  to  the  importance  of  the  war,  Lh.  ii.  29. 59* 
IV.  17.  X.  40.  43.  &c.  Sail.  Cat.  59.  Jug.  28.  Cas.  de  bell.  do.  ii.  17. 
iii.  55. 

When  the  consul  performed  any  thing  in  person,  he  was  said  to  do 
it  by  his  own  conduct  and  auspices  (auctu  vel  imperio^  et  auspicio 
sua,)  Liv.  iu.  1.  17.  42.  xli.  17.  28.  Plant  Amph.  i.  1. 41.  iL  2.  25. 
Horat.  i.  7.  2X  but  if  his  legatus  or  any  other  person  did  it  by  his 
command,  it  was  said  to  be  done,  auspicio  consulis  et  ductu  legatif  by 
the  auspices  of  the  consul  and  under  the  conduct  of  the  ItgqUis.  In 
this  manner  the  emperors  were  said  to  do  every  thing  by  their  own 
auspices,  although  they  remained  at  Rome.  Ductu  Germanici^  atU" 
piciis  '7V6ertt,  Tacit.  Annal.  ii.  41.  Horat.  Od.  iv.  14.  16  &  33. 
Ovid.  Trist.  ii.  173.  hence  aiispicia^  the  conduct,  Liv.  iii.  60. 

The  military  robe  or  cloak  of  the  general  was  called  PALUDA- 
MENTUM,  or  Chlamys^  of  a  scarlet  colour  bordered  with  purple ; 
sometimes  worn  also  by  the  chief  officers,  Liv.  i.  26.  Plin.  xvi.  3. 
Tac.  Jinn.  xii.  56.  cum  paludatis  ducibuif  officers  in  red  coats,  Juve^ 
nal.  vi.  399.  and,  according  to  some,  by  the  lictors  who  attended  the 
consul  in  war,  lAv.  xli.  10.  xlv.  39.  Cnukii ys  was  likewise  the  name 
of  a  travelling  dress,  {vtstia  viatoria :)  hence  ^hlamydatus^  a  travel- 
ler or  foreigner,  Plant,  Pseud,  iv.  2.  8.  sc.  7.  49. 

The  military  cloak  of  the  Qfficers  and  soldiers  was  called  SA6UM, 
also  Chlamys^  Plaut.  Rud.  ii.  2. 9.  an  open  robe  drawn  over  the  other 
clothes  and  fastened  with  a  clasp.  Suet.  Aug.  26.  opposed  to  toga^ 
the  robe  of  peace.  When  there  was  a  war  in  Italy,  (in  tumultu^)  all 
y  the  citizens  put  on  the  sagum :  hence  Est  in  sagis  civitas,  Cic.  Phil, 
viii.  11.  sumere  saga^  ad  saga  ire  ;  et  redire  ad  togas^  Id.  v.  12.  xiv. 
1.  also  put  for  the  general's  robe  ;  thus,  Punico  lugvbre  tmUavil  so- 
guniy  i.  e.  deposuit  coccineam  chlamydem  Antonius,  et  accepit  nigraiUf 
laid  aside  his  purple  robe  and  put  on  mourning,  Horat.  Epod.  ix.  27. 

III.  DISCIPLINE  of  the  ROMANS,  their  MARCHES  and  EJV-* 

CAMPMENTS. 

The  discipline  of  the  Romans  was  chiefly  conspicuous  in  their 
marches  and  encampments.  They  never  passed  a  n^ht,  even  in 
the  longest  marches,  without  pitchmg  a  camp,  and  fortifying  it  with 
a  rampart  and  ditch,  Idv.  xliv.  39.  Sallust.  Jug.  45  &  91.  Persons 
were  always  sent  before  to  choose  and  mark  out  a  proper  place 
for  that  purpose,  (castra  meiari.)  Hence  called  METATOKES  ; 
thus,  Alteris  castris  vel  secundis,  is  put  for  altero  die,  the  second 

40 


/ 


3U  ROMAN  ANTIQUITIES. 

day ;  Uriw  ca$tri$,  quintis  cattrii^  dec.  Tacit  Hist.  ii]«  15.  iv.  7L 
Caa.  B.  6.  vii.  36. 

When  the  army  staid  but  one  niffht  in  the  same  camp,  or  even 
two  or  three  nights,  it  was  simply  celled  cMtra^  and  in  later  ages 
MANSIO ;  which  word  is  also  put  for  the  journey  of  one  day,  Plin. 
xii.  14.  or  for  an  inn,  S\ui,  TlL  10.  as  (fro^fM^  among  the  Greeks. 

When  an  army  remained  a  considerable  time  in  the  same  place,  it 
was  called  Castra  8TATIVA,'a  standing  pamp;  iESTIVA,  a  sum- 
mer camp ;  and  HIBERNA,  a  winter  camp ;  which  was  first  used 
in  the  sie^  of  Veji,)  Eiv,  v.  2.  Hihtrnacula  cBdificavit^  xxiii.  39. 

The  wmter  quarters  of  the  Romans  were  strongly  fortified,  and 
furnished,  particularly  under  the  emperors,  with  every  accommoda- 
tion like  a  city,  as  storehouses,  {armaria^)  workshops,  (/oinoB,)  an 
infirmary  or  hospital,  {vaUtudinarium^)  &c.  Hence  from  them  many 
towns  in  Europe  are  supposed  to  have  had  their  origin ;  in  England, 
particularly,  those  whose  names  end  in  ctstar  or  cMsUr. 

The  form  of  the  Roman  camp  was  a  square,  (quadrata^  and  al- 
ways 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  the  around,  Veget.  i.  23.  It  was  surrounded  with  a  ditch, 
(Fossa,)  usually  nine  feet  deep  and  twelve  feet  broad,  and  a  ram- 
part (VALLUM,)  composed  of  the  earth  dug  from  the  ditdi, 
(AGER,)  and  sharp  stakes,  {sudes,  YALLI  vel  pali)  stuck  into  it, 
Virg.  G.  iL  25.  Ccbs.  B.  Civ.  ii.  1.  16.  Polyb.  xvii.  14  &  15. 

The  camp  had  four  sates,  one  on  each  side ;  the  first  called  Par' 
ta  PRiETORIA  vel  Exiraordinaria,  next  the  enemy,  lAv.  xl.  27.  2. 
DECUMANA,  opposite  to  the  former,  {ah  tergo  caatrarum  et  hoati 
averaa,  vel  ab  hoate,)  Liv.  iu.  5.  x.  32.  Cbbs.  B.  G.  ii.  24.  Civ.  iii. 
79.  Porta  pRii!rciPAi.is  dextra  and  priucipalis  sinistra,  Liv.  xl. 
27*  were  the  names  of  the  two  others.. 

The  camp  was  divided  into  two  parts,  called  the  upper  and  lower. 

The  upper  part  {para  caatrorum  aiperior)  was  that  next  the  porta 
pratoria,  in  which  was  the  general's  tent,  (ducia  tabemacuiumt)  call- 
ed  PRiETORIUM,  also  Auourauc,  Tacit.  JlnnaL  ii.  13.  xv.  3a 
from  that  part  of  it  where  he  took  the  auspices  (auguraculumj  Fest 
vel  Auguratoriwh  Hygin.  de  castrament.)  or  Augostale,  Quinctil. 
vm.  2.  8.  with  a  sufiicient  space  around  for  his  retinue^  the  prseto- 
Tifin  cohort,  &c.  On  one  side  of  the  Pratorium  were  the  tents  of  the 

S?i!ti??T?i*®°i?^i*''  ^^  ^°  ^^^  ^^^^^  ^^^^  ^f  *e  Quaestor,  QU JEIS- 
rUKlUM,  which  seems  anciently  to  have  been  near  the  porta  decu- 
fnana,  hence  called  Quaatoria,  Liv.  x.  32.  xxxiv.  47.  Hard  by  the 
quiBstor's  tent  was  the  FORUM,  called  also  Qdintana,  where  thimrs 
were  sold  and  meetings  held,  Uv.  xli.  2.  Suet.  Mr.  26.  Polvb^. 

«^rJf  r  *P^,J?^  *?  ^™P  ^®^  '^'s^  ^^  t^nts  of  the  tribunes, 
^^     ^^r^  *'!?*'  ^^  E^o^^^h  MUcti,  and  ExtraardinarU,  both 

T^f^^  ^^  ,  ®?*  "^  ^*l**  """^^^  ^•^^y  ^^^  P'a^d  does  not  ap. 
^an?Jl^u  f '^T'-    ^®  ^"'y  "^^^  ^^^  a  partic^ilar  place  wis 

ly  afJSJiSSd  "  """^ "'®"'  ^'^'^  "^^""^  ^^y  ^^^  ^  P^^^*- 


DISCIPLINE  OF  THE  ROMANS,  6cc.  315 

The  lower  part  of  the  camp  was  geparated  from  the  tipper  by  a 
broad  open  space,  which  extended  the  whole  breadth  of  the  camp, 
called  PRINCIPIA,  lAv.  vii.  12.  where  the  tribunal  of  the  general 
was  erected,  when  he  either  administered  justice  or  harangued  th^ 
anny.  Tacit  Amud.  i.  67.  J^^  iii.  13.  where  the  tribunes  held 
their  courts,  {jura  reddtbafU,)  IAy.  xxviii.  24.  and  punishments  were 
inflicted,  Suei.  Otho.  i.  Aug.  24.  Uv.  yiii.  32.  ix.  16.  where  the 
principal  standards  of  the  army,  and  the  altars  of  the  gods  stood,  Ta- 
cit.  Annal,  L  39.  also  the  images  of  the  emperors,  la.  iv.  2.  xv.  29. 
by  which  the  soldiers  swore,  Liv.  xxvi.  48.  Horai.  Od*  iv.  5.  £p.  ii. 

1.  19.  and  deposited  their  money  at  the  standards,  {ad  vel  apuattf^" 
futf)  as  in  a  sacred  place ;  Suet.  Dom.  7.  each  a  certain  part  of  his 
pay,  and  tRb  half  of  a  donative,  which  was  not  restored  till  the  end 
of  the  war,  VegeU  ii.  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  7W- 
arii^  Principes^  and  Hastaii ;  next  to  them  on  both  sides  were  the 
carafary  and  foot  of  the  allies,  who,  it  is  observable,  were  alwa]r8 
posted  in  separate  places,  lest  they  should  form  any  plots,  (ne  qmd 
nov€B  rei  moUrttUur^  by  being  united.  It  is  not  agreed  what  was 
the  place  of  the  yetites.  They  are  supposed  to  have  occupied  the 
empty  space  between  the  ramparts  and  the  tents,  which  was  200 
feet  broad.  The  same  may  be  said  of  the  slaves,  (Calonbs  vel  ser* 
91,)  and  retainers  or  followers  of  the  camp,  (lixs,  oia  exercUum  #€- 
qtubaniur,  ^[uastus  graliA^  Festus,)  Liv.  xxiii.  16.  These  were  little 
used  in  ancient  times.  A  common  soldier  was  not  allowed  a  slave, 
but  the  officers  were,  Sallusi.  Jug.  45.  The  Lixes  were  sometimes 
altogether  prohibited,  ibid.  At  other  times  they  seen)  to  have  stayed 
without  the  camp,  in  what  was  called  Procest&ia  {(Bdificia  extra  eat* 
ira^)  Festus  ;  Tacit.  Hist.  iv.  22. 

The  tents  (tentoria)  were  covered  with  leather  or  skins  extended 
with  ropes :  hence  sub  pellibus  hiemare^  Flor.  i.  12.  durare,  Liv.  v. 

2.  haberij  Id.  37.  39.  retineri^  in  tents,  or  in  camp.  Tacit.  Ann.  13. 
35.     So  Cic.  Acad.  iv.  2. 

In  each  tent  were  usually  tQn  soldiers,  with  their  decanus  or  petty 
officer  who  commanded  them,  (qui  iis  prcefnit ;)  which  was  proper- 
ly called  CoNTUBERNioM,  and  they  Conlulnmales.  Hence  young 
noblemen  under  the  general's  particular  care,  were  said  to  serve  in 
his  tent,  {contubernio  ejus  militare,)  and  were  called  his  Contubbb- 
KALES,  Suet.  Jul.  42.  die.  CaL  30.  Plane.  21.  Sallust.  Jug.  64. 
Hence,  vivere  in  contiAemio  alicujusy  to  live  in  one's  family,  Plin. 
Ep.  vii.  24.  Contubernalis,  a'companion,  Id.  i.  19.  x.  3.  The  centu- 
rions and  standard-bearers  ^ere  posted  at  the  head  of  their  compa- 
nies. 

The  different  divisions  of  the  troops  were  separated  by  intervals, 
called  VI-^.  Of  these  there  were  five  longwise,  (in  longum^)  i.  e. 
running  from  the  decuman  towards  the  pratorian  side ;  and  three 
across,  one  in  the  lower  part  of  the  camp,  called  Qutn/ana,  and  two 
in  the  upper,  namely,  the  Principia  already  described,  and  another 


S16  KOMAN  ANTIQUITIES. 

between  the  Pratorium  and  the  PrcBtorian  gate.    The  rowi  of  teotf 
between  the  vicb  were  called  Stkioa,  {fffuti,) 

In  pitching  the  camp,  different  divisions  of  the  Himy  were  ap- 
pointed to  execute  different  parts  of  the  work,  under  the  inspection 
of  the  tribunes  or  centurions,  Juvenal,  viii.  147.  as  they  likewise 
were  during  the  encampment  to  perform  different  services,  {minis* 
teria,)  to  procure  water,  forage,  wood,  &c.  From  these  certain 
persons  were  exempted,  {immunes  operwn  mt/^nrtum,  m  tcnum  pug* 
fUB  laborem  reservati,  Liv.  vii.  7.)  eitner  by  law  or  custom,  as  the 
Emdtes,  Val.  Max.  ii.  9.  7.  the  Evocati  and  veterans,  Tacii.  AnnaL 
i.  o6.  or  by  the  favour  (fittuficio)  of  their  commander ;  hence  called 
BENBriciARn,  Ft$tu8.  VcBs.  B.  C.  i,  75.  But  afterwards  this  ex^ 
eraption  used  to  be  purchased  from  the  centurions,  wMch  proved 
most  pernicious  to  military  discipline.  Tacit.  AnnaL  i.  17.  Ht«l.  L  46, 
The  soldiers  obliged  to  perform  these  services  were  called  MuNiri- 
CEs,  Vtgtt,  ii.  7.  19. 

Under  the  emperors,  there  was  a  particular  officer  in  each  legkn 
who  had  the  charge  of  the  camp,  called  Prai^bctus  gastboruii, 
Tadt.  AnnaL  i.  20.  xiv.  37.  Hist.  ii.  29.  Feget.  ii.  10. 

A  certain  number  of  maniples  were  appointed  to  keep  guard  at 
the  gates,  on  the  rampart,  and  in  other  places  of  the  camp,  before 
the  PrcBtorium^  the  tents  of  the  Legatij  QusBstor,  and  tribunes,  both 
by  day  and  by  night,  {agere  excubias  vel  stationes^  et  vigUias^  who 
were  changed  every  three  hours,  Polyb.  vi.  33. 

ExcuBiA  denotes  watches  either  by  day  or  night ;  Vigilije,  only 
by  night  Guards  placed  before  the  ^tes  were  properly  called 
Stationes,  on  the  rampart  Custodije,  niv.  xxv.  40.  xliv.  3^.  But 
siatio  is  also  put  for  any  post :  hence,  Vttat  Pythagoras  imussu  un- 
peratoris^  id  est,  Dei,  He  prasidio  et  statione  vita  decedere,  Cic.  Sen. 
20.  Whoever  deserted  his  station  was  punished  with  death,  SueL 
jfwr.  24. 

Every  evening,  before  the  watches  were  set,  {antequam  vigilia 
disponerentur)  the  watch-word  {symbolum)  or  private  signal,  by 
which  they  might  distinguish  friends  from  foes,  Dio.  xliii.  34.  was 
distributed  through  the  army  by  the  ipeans  of  a  square  tablet  of  wood 
in  the  form  of  a  die,  called  TESSERA,  from  its  four  comers,  (cstftfa- 
f«5,  -ct,  guatttor.)  On  it  was  inscribed  whatever  word  or  words  the 
general  chose,  which  he  seems  to  have  varied  every  night,  Polyb.  vi. 

A  frequent  watch- word  of  Marius  was  Lar  Deus  ;  of  Sulla,  Apol- 
lo Dblphicus,  and  of  Caesar,  Venus  Gekitrix,  &c.  Serv.  ad  Virg. 
Xn.  vii.  637.  of  Brutus,  libkrtas,  Dio.  47.  43.  It  was  given,  {tes- 
sera data  est)  by  the  general  to  the  tribunes  and  prefects  of  the  allies, 
by  them  to  the  centurions,  and  by  them  to  the  soldiers.  The  person 
who  carried  the  Tessara  from  the  tribunes  to  the  centurions,  was 
called  Tbsserariits,  Tacit.  Hist.  i.  25. 

In  this  manner  also  the  particular  commands  of  the  general  were 
made  known  to  the  troops,  Liv.  vii.  35.  ix.  32.  xxvii.  46.  xxviii.  14. 


DISCIPLINE  OF  THE  ROMANS,  &c  317 

Smt.  Oalb,  6.  which  seems  likewise  sometimes  to  have  been  done 
wivd  vocty  Liv.  xlv.  33. 
■  Every  evening,  when  the  general  dismissed  his  chief  officers  and 
frieiidfl,  {cum  Prjbtoriom  dimiiUbat^)  after  giving  them  his  com- 
mands, all  the  trumpets  sounded,  lAv,  xxx.  5.  xsi.  54.  xxvi.  15. 
zxxviL  5. 

Certain  persons  were  every  night  appointed  to  go  round  (circtf- 
miVe  vel  obire)  the  watches :  hence  called  circuitorks,  vel  CircU^ 
res.  This  seems  to  have  been  at  first  done  by  the  equites^  Liv.  xxit 
1.  and  tribunes.  Id.  xxviii.  24.  on  extraordinarv  occasions  by  the 
legaii  and  general  himself,  Sallust.  Jug.  45.  At  last,  particular  per- 
sons were  chosen  for  that  purpose  by  the  tribunes,  regeL  uL  8. 

The  RoiAans  used  only  wind-instruments  of  music  in  the  army^ 
These  were  the  TUBA,  straight  like  our  trumpet ;  CORNU,  the 
horn,  bent  almost  round ;  BUCCINA,  similar  to  the  horn,  common- 
ly used  by  the  watches ;  LITUUS,  the  clarion,  bent  a  little  at  the 
end  like  the  augur's  staffer  lituus  ;  all  of  brass :  whence  those,  who 
blew  them,  were  called  iENEATORES,  SutL  Jul.  32.  The  Tvba 
was  used  as  a  signal  for  the  foot,  the  LUuus  for  the  horse,  .^cron.  ad 
Horal.  Od.  i.  1.  23.  but  they  are  sometimes  confounded,  Virf^.  JEn. 
vi.  167.  and  both  called  Concha^  because  first  made  of  sheUs,  Id.  171. 

The  signal  was  given  for  changing  the  watches  {vigilus  mutandis) 
with  a  trumpet  or  horn,  (tubd^)  Lucan.  viii.  24.  (6iicdnd,)  Liv.  vii. 
35.  Tacit.  Hist.  v.  22.  hence  ad  ttriiam  buccinam,  for  vigilimm^  Liv^r 
xxvi.  15.  and  the  time  was  determined  by  hour-glasses,  (per  clepsy^ 
dras,)  Veget.  iii.  8.    See  p.  209. 

A  principal  part  of  the  discipline  of  the  camp  consisted  in  exer* 
cises,  (whence  the  army  was  called  Exercitus,)  walking  and  nm- 
ning  {decursiOf)  completely  armed,  Liv.  xxiii.  35.  xxvi.  51.  xxix. 
32.  Polyb.  vi.  20.  leaping,  swimming.  Suet.  An^.  65.  vaulting  (so/i- 
tio)  upon  horses  of  wood,  Vegtt.  i.  18.  shooting  the  arrow,  and 
throwing  the  javelin ;  attacking  a  wooden  figure  of  a  man  as  a  real 
enemy,  {txtrdtia  adpalum^  vel  Pal  aria,)  Juvenal,  vi.  246.  the  car- 
lying  of  weights,  &c.  Virg.  G.  iii.  346. 

When  the  general  thought  proper  to  decamp,  (castra  movere^)  he 
gave  the  signal  for  collectmg  the  baggage  {colligendi  vasa^)  where- 
upon all  took  down  their  tents,  {tabemacula  detendebant^)  but  not 
till  they  saw  this  done  to  the  tents  of  the  general  and  tribunes,  Po- 
lyb.  vi.  Upon  the  next  signal,  they  put  their  baggage  on  the  beasts 
of  burden,  and  upon  the  third  signal  began  to  march ;  first,  the  ex- 
iretordinarii  and  the  allies  of  the  right  wing  with  their  baggage ;  then 
the  legions,  and  last  of  all  the  allies  on  the  left  wing,  with  a  party  <^ 
horse  in  the  rear,  {ad  agmtn  cogendum^  i.  e.  colligendum^  to  prevent 
^i^^B^liogO  ^^d  sometimes  on  the  flanks,  in  such  order,  (eomposito 
agmine^  non  itineri  fnagis  apto^  quam  prmlio^  that  they  mi^t  readily 
be  formed  into  a  line  of  battle,  if  an  enemy  attacked  them. 

An  army  in  close  array  was  called  Aomen  pilatum ,  Serv.'in  Virg. 
•Sn.  xii.  121.  vel  justum^  Tacit.  Hist.  i.  68.    When  uader  no  ap* 


^8  ROMAN  iOSTIQUITIES. 

prehfiDMii  of  aa  eoenqr^  thef  were  kss  guarded,  Oigmine  inemU^, 
1.  e.  minus  munito^  ut  inter  pacatos  ducebat,  sc.  consd,)  Liv.  xxxr.  4. 

The  form  of  an  army  on  march,  however,  Taried  aocordiog  to 
circumstances  and  the  nature  of  the  ground,  Iav.  xxxt.  4.  .27.  38. 
It  was  iometimes  disposed  into  a  square,  (aomen  quadratum,)  with 
the  baggage  in  the  middle,  Liv,  xxxL  37.  xxxix.  30.  HirL  dt  BdL 
Oall.  8.  Tadt.  Ann.  1.  51. 

Scouts  {speculatorea)  were  always  sent  before  to  reconnoitre  die 
ground,  {aa  omnia  exploranda^)  Suet.  Jul.  58.  Sail.  Jug.  46.  A  cer- 
tain kind  of  soldiers  under  the  emperors  were  called  SPECULA* 
TORES,  TacU.  Hist.  i.  24.  25.  27.  u.  U.  33.  73.  Suet.  Oaud.  35. 
Olh.  5. 

The  soldiers  were  trained  with  great  care  to  observe  Yhe  military 
pace,  (gradu  mUitari  incedere^)  and  to  follow  the  standards,  {signa 
iequL)  For  th^);  purpose,  when  encamped,  they  were  led  out  thrice 
a  month,  sometimes  ten,  sometimes  twenty  miles,  less  or  more,  as 
the  general  inclined.  They  usually  marched  at  the  rate  of  twenty 
miles  in  five  hours,  sometimes  with  a  quickened  pace  (gradu  vel  ag* 
mm€  citato)  twenty-four  miles  in  that  time,  Vegtt.  i.  9. 

The  load  which  a  Roman  soldier  carried  is  almost  incredible,  Virg. 
0.  iii.  346.  Horat.  ScU.  ii.  2,  10.  victuals  {cS)aria\  for  fifteen  days, 
Cic.  TuBc.  ii.  15.  16.  sometimes  more,  Idv.  Epit.  57.  usually  com,  as 
betm  lighter,  sometimes  drest  food,  {coctus  Mus^)  liv.  iiL  27.  uten- 
sils, (titonn/ta,)  ib.  42.  a  saw,  a  basket,  a  mattock,  (rutrtcm,)  an  axe, 
a  hook,  and  leathern  thong,  (falx,  et  lorum  ad  pabulandum,)  a  chain, 
a  pot,  6lc.  IAv.  xxviii.  45.  Horat.  Epod,  ix.  13.  stakes,  usually  three 
or  four,  sometimes  twelve,  Liv.  iii.  27;  the  whole  amounting  Xo  sixty 
pounds  weight,  besides  arms ;  for  a  Roman  soldier  considered  these 
not  as  a  burden,  but  as  a  pai*t  of  himself,  {arma  membra  mUites  du- 
eebant)  Cic.  Tusc  ii.  16. 

Under  this  load  they  commonly  marched  twenty  miles  a  day, 
sometimes  more,  Veget.  i.  10.  Spartian.  Adrian.  10. 

There  were  beasts  of  burden  for  carrying  the  tents,  mills,  ba^age, 
&c.  (JuMENTA sARCiNARiA,  Cccs.  B.  C.i.  81.)  The  ancient  Romans 
rsrely  used  wagons,  as  being  more  cumbersome,  and  the  roads  rough 
and  difficult,  &illust.  Jvg.  45. 

The  general  usually  marched  in  the  centre,  sometimes  in  the  rear, 
or  wherever  his  presence  was  necessary.  Ibid,  et  Polyb.  x.  22. 

When  they  came  near  the  place  of  encampment,  some  tribunes 
tmd  centurions,  with  proper  persons  appointed  for  that  service,  {cum 
metatoiibus,)  were  sent  before  to  mark  out  the  ground,  and  assign  to 
each  his  proper  quarters,  which  they  did  by  erecting  flags  (vexilla) 
of  different  colours  in  the  several  parts. 

The  place  for  the  generaPs  tent  was  marked  with  a  white  flag, 
and  wheti  it  was  once  fixed,  the  places  of  tlie  rest  followed  of  course, 
as  being  ascertained  and  known,  Polf/b.  vi.  39.  When  the  troops 
came  up,  they  immediately  set  about  making  the  rampart,  {vallum 
jaciebant,)  while  part  of  the  army  kept  guard  (pracidium  agit€U>aHt,) 
to  prevent  isurprise.    The  camp  was  always  marked  out  iu  the  same 


ORDER  OF  BATTLE,  &e.  319 

manner,  andfiurtifiedfif  tbey  were  toomtinoein  it  only  for  a  ringle 
night,  Joseph.  BelL  Jud.  iii.  6. 

IV.  TTu  ORDER  of  BATTLE,  and  the  difertnt  STANDARDS. 

Thi  Roman  army  was  usually  drawn  up  in  three  lines,  {tripliee  aciff 
Tel  Iriplidbue  subsidiisy  Sallust.  Jug.  49.)  each  several  rows  deep. 

The  Hastati  were  placed  in  the  first  line ;  {in  prima  acie  yel  in 
principiis  ;  the  Principes  in  the  second ;  and  the  Triarii  or  Pilani  in 
the  third ;  at  proper  distances  from  one  another.  The  Princes  are 
supposed  anciently  to  have  stood  foremost.  Hence  ^os(  prinaptei, 
behmd  the  first  line,  Ter.  E%m,  iv.  7.  11.  Liv.  ii.  65.  lii.  23.  viii.  10. 
Transvorsia  principu^  the  front  or  first  line  being  turned  into  the 
flank,  SalliuL  Jug.  49.  lAv.  viii.  8.  xxxvii.  69. 

A  maniple  of  each  kind  of  troops  was  placed  behind  one  another, 
so  that  each  legion  had  ten  maniples  in  front.  They  were  not  placed 
directly  behind  one  another  as  on  a  march,  (agmine  amadrato^)  but 
obliquely,  in  the  form  of  what  is  called  a  Qutnctmx,  Vir.  6.  ii.  279. 
unless  when  thev  had  to  contend  with  elephants,  as  at  the  battle  of 
Zama,  Polyh.  zv.  9.  tt  Appian.  lAv.  xxx*  33.  There  were  certain 
intervals  or  spaces,  (VUS)  not  only  between  the  lines,  but  likewisQ' 
between  the  maniples.  Hence  orJines  explicate^  to  arrange  in  order 
of  battle,  lAv.  iii.  60.  and  in  the  maniples  each  man  had  a  free  space 
of  at  least  three  feet,  both  on  the  side  and  behind,  Polyh.  xvii.  SSS. 

The  Velitte  were  placed  in  the  spaces  or  intervals  (in  xiie)  be- 
tween the  maniples,  Liv.  xxx.  33.  Sallusi.  ibid,  or  on  the  wings, 
xlii.58. 

The  Roman  legions  possessed  the  centre,  (mediam  aciem  tenebani^) 
the  allies  and  auxiliaries  the  right  and  left  wines,  {comua^)  Liv. 
xxaivii.  39.  The  cavalry  were  sometimes  placed  behind  the  foot, 
whence  they  were  suddenly  let  out  on  the  enemy  through  the  inter- 
vals between  the  maniples,  Liv.  x.  5.  but  they  were  commonly  post- 
ed on  the  wii^  Liv.  XKviii.  14.  and  were  hence  called  ALJE^  GelL 
zvi.  4.  Plin.  Ep.  7.  30.  which  name  is  commonly  applied  to  the  ca« 
yalry  of  the  alhes,  (alarii  vel  alarii  eqmtes^  Liv.  xxxv.  5.  Cic.  Fanu 
ii.  17.  when  distinguished  from  the  cavalry  of  the  legions,  (equiies 
hgionarii,)  Liv.  xl.  40.  Caes.  B.  6.  i.  41 ;  and  likewise  to  the  aux- 
iliary infantry,  {cohort es  alares  vel  alaria^)  Liv.  x.  40.  43.  Caes.  B. 
C.  i.  65.  ii.  16. 

This  arrangement,  however,  was  not  always  observed.  Some- 
times 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  subsidiis  vel  prasidiis^)  Liv.  xxvii.  13.  2.  xxix.  2.  xxx. 
13.  This  was  called  Acibs  duplex,  C€bs,  B.  C.  i.  75.  Sallutt.  Cat. 
59.  when  Aere  was  only  one  line,  Acies  Simplex,  Cas.  B.  O.  iii.  25. 
Afr,  12.  53.  Some  think,  that  in  latter  times  an  army  was  drawn 
up  in  order  of  battle,  without  any  re^rd  to  the  division  of  soldiers 
into  different  ranks.    In  the  description  of  Caesar's  battles  there  is 


390  ROMAN  ANTIQUITIES. 

no  mention  made  of  the  soldiers  being  divided  into  Hastatif  Princ^ig 
and  THarit,  but  only  of  a  certain  number  of  legions  and  cohorts,  which 
Ceesar  generally  drew  up  in  three  lines,  C(bs,  B.  G.  i.  19.  41.  ii.  22. 
iv.  IL  B.  a  i.  57.  75.  iii.  74  4/r.  63.  So  Sallust.  Cat.  59.  TacU. 
HUt.  ii.  24  In  the  battle  of  Pharsalia,  he  formed  a  body  of  reserve, 
which  he  calls  a  fourth  line,  (quartem  acibm  instittnt)  to  oppose  the 
cavahy  of  Pompey,  which  indeed  determined  the  fortune  of  the  day, 
B.  Ci  lii.  76.    This  was  properly  called  Aciss  quadrupx«sx  :  as,  B. 

4fr.  as. 

In  the  time  of  Cssar  the  bravest  troops  were  commonly  placed  in 
the  front,  SallusL  tt  Ccm.  ibid,  contrary  to  the  ancient jcustom.  This, 
and  various  other  alterations  in  the  military  art,  are  ascribed  to 
Marius.  « 

AaKs  is  put  not  only  for  the  whole  or  part  of  an  army  in  order  of 
battle ;  as,  Aciem  instruere,  <Equartj  txomart^  explicare^  txttmuart, 
Jirmare^  ptrturbart^  instaurare^  rtsiitture^  redimtcgrare^  &c.  but  also 
for  the  nattle  itself,  Cic,  Fam.  vi.  3.  SueL  Aug.  20.  Commiss€Hn 
adem  ttcuiw  est  terra  tremor^  there  happened  an  earthquake  after 
the  fight  was  begun,  Flor.  ii.  6.  Post  acies  primas^  after  the  first  bat- 
tle, Ovid  Jtfel.  xiii.  207. 

Each  century,  or  at  least  each  maniple,  had  its  proper  standard 
and  standard*bearer,  Varro.  de  Lat.  ting.  iv.  16.  Liv.  viii.  8.  Fegei, 
VL  23.  Hence  mt7t(ef  signi  untt»,  of  one  maniple  or  century,  Liv. 
zxv*  23#  xxziiL  1.  9.     Reliqua  signa  in  subsidio  artius  coilocai,  he 

£  laces  the  rest  of  the  troops  as  a  body  of  reserve,  or  in  the  second 
ae  more  closely,  Sallust.  Cat.  59.  signa  inferre^  to  advance :  cofi- 
vtrtere^  to  face  about,  Cas.  B.  G.  i.  25.  efferre^  to  go  out  of  the  camp, 
Liv.  XXV.  4  a  signis  discedtre^  to  desert.  Ibid.  20.  referre^  to  retreat ; 
also,  to  recover  the  standards,  Virg.  JEn.  vi.  826.  signa  conferre^wel 
signis  collatis  confligere^  to  engage ;  signis  inftstis  inferri^  ire  vel  m- 
cederct  to  march  against  the  enemy ;  urbem  intrare  sub  signis^  Liv, 
iii.  51.  sub  signis  legiones  ducere^  in  battle  order,  Cic.  Att.  xvi.  8. 
signa  infestajerre^  to  advance  as  if  to  an  attack,  Virg.  Mn.  v.  582. 

The  ensign  of  a  manipulus  was  anciently  a  bundle  of  hay  on  the 
top  of  a  Dole,  (see  p.  309-10.)  whence  miles  manipularis^  a  common 
soldier,  Ovid.  Fast.  iii.  116.  Afterwards  a  spear  with  a  cross  piece 
of  wood  on  the  top,  sometimes  the  figure  of  a  hand  above,  probably 
in  allusion  to  the  word  manipulus  ;  and  below,  a^mall  round  or  ov^ 
shield,  commonly  of  silver,  Plin.  xxxiii.  3.  also  of  gold,  Herodian.  iv. 
7.  on  which  were  represented  the  images  of  the  waiiike  deities,  as 
Mars  or  Minerva  ;  and  after  the  extinction  of  liberty,  of  the  empe- 
rors, TacU.  Ann.  i.  43.  Hist.  i.  41.  iv.  62.  or  of  their  favourites,  &«/. 
716.  48.  Cal.  14.  Hence  the  standards  .were  called  Numina  legio- 
ntim,  and  worshipped  with  religious  adoration,  Suet.  Cal.  14.  Vii.  2. 
Tudt.  Ann.  i.  39.  Feget.  ii.  6.  The  soldiers  swore  by  them,  Lucan. 
!•  374.  • 

o  ^®  ^^^  ^^  ^^  ^he  standards  of  the  cohorts,  Uv.  xxviL  15.  Cms. 
B.  G.  li.  25.  Tadt.  Ann.  \.  18.  Hist.  i.  41.  as  of  prefects  or  com- 
manders of  the  cohorts,  Sallust.  Jug.  46.    But  then  a  whole  is  sup- 


ORDER  OF  BATTLt:,  dec.  -381 

* 

posed  to  be  put  for  a  part,  cokortes  for  manipuli  or  ordinta^  M^hich 
were  properly  said  ad  signa  convenire  tt  conlineri^  Caes.  B«  6.  vL  !• 
31.  37.  The  divisions  of  the  legion,  however,  seem  to  have  been 
differeTit  at  different  times.  Caesar  mentions  120  chosen  men  of  thf) 
eafae  century,  B,  C.  iii.  76.  Yegetius  makes  manipulus  the  same 
with  contubernium,  ii.  13.  It  is  at  least  certain  that  there  always 
was  a  diversity  of  ranks,  Ordines  infer loacs  et  superiorbs,  Cee«. 
B.  G.  vi.  34.  Tucil.  Hut.  i.  52.  iv.  59.  and  a  gradation  of  prefer- 
ments, Ordiives  vel  crradus  militict^  Ibid,  et  Cuds.  B.  C.  i.  44.  Sueh 
Claud.  25.  The  divisions  most  frequently  mentioned  are  Cohor* 
TBS,  battalions  of  foot,  and  turm£,  troops  of  horse,  Cic.  Marcel.  Xm 
Fam.  XV.  2.  ^tt,  vi.  2.  Cohors  is  sometimes  applied  to  the  auxilia- 
ries, and  opposed  to  the  lemons.  Tacit,  Hist,  ii.  80.  v.  18.  It  is  also, 
although  more  rarely,  applied  to  cavalry,  Plin,  Ep,  x.  107. 

The  standards  of  the  different  divisions  had  certain  letters  inscrib- 
ed on  them,  to  distinmiish  the  one  from  the  other,  Vegtt.  ii.  13. 

The  standard  of  tne  cavalry  was  called  YEXILLUM,  a  flag,  or 
banner,  t.  e.  a  square  piece  of  cloth  fixed  on  the  end  of  a  spear,  Liv, 
used  also  by  the  foot,  Ccbs,  B.  G.  vi.  33.  37.  particularly  by  the  vote- 
rans  who  had  served  out  their  time,  but  under  the  emperors  were 
still  retained  in  the  army,  and  fought  in  bodies  distinct  from  the  le- 
gion under  a  particular  standard  of  their  own,  {sub  vtxillo^)  hence 
called  VEXILLARII,  Tacit.  Ann.  i.  17.  26.  36.  38.  But  Vtxillum 
or  Vtxillatio  is  also  put  for  any  number  of  tn)ops  following  oae  stand- 
ard. Tacit.  Hist.  I  31.  70.  Suet.  Galb.  18.  Stat.  Thtb.  xii.  782. 

To  lose  the  standards  was  always  esteemed  disgraceful,  {MagniJim 
perdere  crimen  ercU,  Ovid.  Fast.  iii.  113.)  particularly  to  the  stand- 
ard-bearer, CcBs.  B.  G.  iv.  23.  V.  29.  B.  C.  i.  54.  sometimes  a  capi- 
tal crime,  Liv.  ii.  59.  Hence  to  animate  the  soldiers,  the  standards 
were  sometimes  thrown  among  the  enemy,  Uv.  iii.  70.  vi.  8.  xxv. 
14.  xxvi.  5. 

A  silver  eagle,  with  expanded  wings,  on  the  top  of  a  spenr,  some- 
times holding  a  thunderbolt  in  its  claws,  with  the  figure  of  a  small 
chapel  above  it,  Dio.  xl.  18.  was  the  common  standard  of  the  legion, 
at  least  after  the  time  of  Marius,  for  before  that  the  figures  of  other 
animals  were  used,  Plin.  x.  4.  s.  5.  Hence  AQUlLA  is  put  for  a 
legion,  Cas.  Hisp.  30.  and  aquila  signaque  for  all  the  standards  of  a 
legion,  Tacif.  passim.  It  was  anciently  carried  before  the  first  ma- 
niple of  the  TVuxrtt,  but  afler  the  time  of  Marius,  in  the  first  line, 
and  near  it  was  the  ordinary  place  of  the  general,  Sallust.  Cat.  59. 
almost  in  the  centre  of  the  army  ;  thus,  Medio  dux  aoiiinb  Tlimut 
vertitur  arma  teneus,  Virg.  JEn.  i.i.  28.  usually  on  horseback,  Liv, 
vi.  7.  Sail.  Cat.  59.  Coes.  B.  Cell.  i.  25.  So  likewise  the  Legati 
and  tribunes,  Ibid.  ^  Ccbs.  vii.  65. 

The 'soldiers  who  fought  before  the  standards  or  in  the  first  line, 
were  called  ANTESIGNANl,  Liv.  ii.  20.  iv.  37.  vii.  16.  33.  ix.  32. 
39.  xxii.  5.  XXX.  33.  C(bs.  B.  C.  i.  41.  52.  Those  behind  the  stand- 
ards, {post  signa,)  POSTSIGNANI,  Liv.  viii.  11.  Frontin.  Stratag. 
i.  3.  17.  vel  8UBSIGNANI,  Tacit.  Hist.  i.  70.  but  the  Subsignani 

41 


823  ROMAN  ANTIQUrnES. 

Beem  to  have  been  the  same  with  the  Vtxillarn^  or  privileged  vete« 
rami,  Id.  iv.  33.  Ann.  i.  36. 

The  general  was  usually  attended  by  a  select  band,  called  CO- 
HORS  PRJETORIA.  Cic,  Cat.  iu  1 1.  Fam.  x.  20.  Sallust.  Cat.  60. 
Jug.  98.  first  instituted  by  Scipio  Africanus,  Festus ;  but  something 
similar  was  used  long  before  tl^at  time,  Liv.  ii.  20.  not  mentioned 
in  Caesar,  unless  by  the  by,  B»  G.\.Zi. 

When  a  general  after  having  consulted  the  auspices,  had  deter- 
Ihined  to  lead  forth  his  troops  against  the  enemy,  a  red  flag  was  dis- 
played, (rejciV/wm  vel  signum  pngyia  proponebanturj)  on  a. spear  from 
the  top  of  the  Pratorium^  Caes.  de  bell.  G.  ii.  20.  Liv.  xxii,  45. 
which  was  the  signal  to  prepare  for  battle.  Then  having  called  an 
assembly  by  the  sodnd  of  a  trumpet,  (classkoy  i.  e.  tuba  concione  ad- 
vocaid^  Liv.  iii.  62^  vii.  36.  viii.  7.  32.)  he  harangued  (alloquebatur) 
the  soldiers,  who  usually  signified  their  approbation  by  shouts,  by 
raising  their  right  hands,  id.  <$r  Lucan.  i.  386.  or  by  beating  on  their 
shields  with  their  spears.  Silence  was  a  mark  of  timidity,  Lucan.  ii. 
696.  This  address  was  sometimes  made  in  the  open  fkid  from  a 
tribunal  raised  of  turf  (e  tribunali  cespilitio  aut  viridi  cespitc  extrtictOj) 
Tacit.  Ann.  i.  18.  Plin.  Paneg.  56.  8tat.  Silv.  v.  2. 144.  A  general 
always  addressed  his  troops  by  the  title  of  miiites  :  hence  Caesar^ 
greatly  mortified  the  soldiers  of  the  tenth  legion,  when  they  demand- 
ed their  discharge,  by  calling  them  Quirites  instead  of  Miijtbs, 
Dio.  xlii.  53.  Suet.  Cas.  70. 

Afler  the  harangue,  all  the  trumpets  sounded,  (signa  canebanit) 
which  was  the  signal  for  marching,  Lucan.  ii.  697. 

At  the  same  time  the  soldiers  called  out  To  arms,  (as^  arma  con" 
ehsmatum  est.)  The  standards,  which  stood  fixed  in  the  ground, 
were  pulled  up,  {convelUbantur,)  Liv.  iii.  50.  54.  vi.  28.  f^irg.  Mn. 
xi.  19.  If  this  was  done  easily,  it  was  reckoned  a  good  omen ;  if  not, 
the  contrary,  Liv.  xxii.  3.  Cic.  div.  i.  35.  Val.  Max.  i.  2.  11.  Lucan. 
vii.  162.  Hence,  Aquila  prodire  nohntes,  the  eagles  unwilling  to 
move,  Flor..  ii.  6.  Dio.  xl.  18.  The  watchword  was  given,  (signum 
datum  est,)  either  viva  voce,  or  by  means  of  a  tessera,  Caes.  de  B.  6. 
ii.  20.  de  B.  Afric.  83.  as  other  orders  were  communicated,  Liv.  v. 
36.  xxi.  14.  In  the  mean  time,  many  of  the  soldiers  made  their  tes- 
taments, {in  procinctu,  see  p.  56.)  Gell.  xv.  27. 

When  the  army  was  advanced  near  the  enemy  (intra  teli  conjee^ 
turn,  unde  aferenfariis prcelium  committi  posset,)  the  general,  riding 
round  the  ranks,  again  exhorted  them  to  courage,  and  then  gave  the 
SJsnal  to  engage.  Upon  which  all  the  trumpets  sounded,  and  the 
soldiers  rushed  forward  to  the  charge  with  a  great  shout  (/naximo 
clamore  prociirrebant  aim  signis  vel  pilis  infestis,  i.  e.  in  hostem  rcr- 
sis  vel  directis,)  Sallust.  Cat.  60.  Csbs.  B.  Civ.  iii.  92.  Liv.  vi.  8.  Ac. 
Dio.  xxxvi.  32.  which  they  did  tb  animate  one  another  and  intimi- 
date the  enemy,  Cess.  ibid.  Hence  primus  clamor  atqut  impetus  rem 
decrevit,  when  the  enemy  were  easily  conquered,  Liv.  xxv.  4. 

The  Velites  first  began  the  battle ;  and  when  repulsed,  retreated, 
either  through  the  intervals  between  the  files,  {per  intervalh  ordi- 


ORDER  OP  BATTLE,  dec.  323 

t 

Htim,)  or  by  the  flanks  of  the  army,  and  rallied  in  the  rear.  Then 
the  Hastati  advanced  ;  and  if  they  were  defeated,  they  retired  slowly 
{presso  pede)  into  the  intervals  of  the  ranks  of  the  Prtndpti^  or  if 
greatly  fatigued,  behind  tliem.  Then  the  Principes  engaged;  and 
if  they  too  were  defeated,  the  Triarii  rose  up,  (consurgedant :)  for 
hitherto  they  continued  in  a  stooping  posture,  {subsidebant^  hinc  dxcH 
suBsiUA,  Fesius^  leaning  on  their  right  knee,  with  their  left  leg 
stretched  out,  and  protected  with  their  shields ;  hence,  Ad  triarios 
vsNTOM  EST,it  is  comc  to  the  last  push,  Liv.  viii.  8. 

The  Triarii^  receiving  the  Hastali  and  Principes  into  the  void 
spaces  between  their  maniputi^  and  closing  their  rank  (compressis 
ordinibus^)  without  leaving  any  space  between  them,  in  one  compact 
body  {uno  eontinente  agmine)  renewed  the  combat.  Thus  the  ene- 
my had  several  fresh  attacks  to  sustain  before  they  gained  the  vic- 
tory. If  the  Triarii  were  defeated,  the  day  was  lost,  and  a  retreat 
was  sounded,  {receptui  cecinemnt,)  Liv.  viii.  8.  9. 
-  This  was  the  usual  manner  of  attack  before  the  time  of  Morius, 
After  that  several  alterations  took  place,  which,  however,  are  not 
exactly  ascertained. 

The  lesions  sometimes  drew  lots  about  the  order  of  their  march, 
and  the  place  they  were  to  occupy  in  the  field,  Tacit.  Hist.  ii.  41. 

The  Romans  varied  the  line  or  battle  by  advancing  or  withdraw- 
ing  particular  parts.  They  usually  engaged  with  a  straight  front, 
(recta yr(mie,Festus;  'v^XtBquaiisfronlibus^T'xhxxW.'xy.  1.  103. acies 
DIRECT  A.)  Sometimes  the  wings  were  advanced  before  the  centre, 
(▲<»fis  8INUATA,)  Stntc.  dt  beat.  Fit.  4.  Liv.  xxviii.  14.  which  was 
the  usual  method,  Plutarch,  in  Mario  ;)  or  the  contrary,  (acies  gib- 
BBRA,  vel^exa,  which  Hannibal  used  m  the  battle  of  Cannae,  Liv* 
xxil  47.  Sometimes  they  formed  themselves  into  the  figure  of  a 
wedge,  (CUNEUS  vel  trigdnum,  a  triangle,)  called  by  the  soldiers 
Caput  porcinum,  like  the  Greek  letter  Delta,  A.  Liv.  viii.  10. 
Qtdnctil.  ii.  13.  Firg.  xii.  269.  457.  Cois.  vi.  39.  So  the  Germans, 
Tacit,  dt  Mor.  G.  6.  and  Spaniards,  Liv.  xxxix.  31.  But  cuntus  is 
also  put  for  any  close  body,  as  the  Macedonian  phalanx^  Liv.  zxxii. 
17.  Sometimes  they  (brmed  themselves  to  receive  the  cuneus^  in 
the  form  of  a  FORCEPS  or  scissors ;  thus  A.  Gell.  x.  9.  Veget.  ii. 

When  surrounded  by  the  enemy,  they  often  formed  themselves  into 
a  round  body,  (OUBIS  vel  GLOBUS ;  hence  orbes/acere  vel  ro/- 
vere  ;  in  orbem  ae  tutari  vel  congloLare^)  Sailust.  Jug.  97.  Liv*  u.  50. 
iv.  -28.  39.  xxiii.  27.  Cas.  B.  G.  iy.  37.  Tacit.  Ann.  ii.  11. 

When  they  advanced  or  retreated  in  separate  parties  without  re- 
maining in  any  fixed  position,  it  was  called  SERRA,  Festus. 

When  the  Romans  gained  a  victory,  the  soldiers  with  shouts  of 
joy  saluted  their  general  by  the  title  of  1 MPERATOR.  (See  p.  142.) 
His  liclors  wreathed  their /a*cw  with  laurel,  Plutarch,  in  Lucull.  as 
did  also  the  soldiers  their  spears  and  javelins.  Suet.  Sylv.  v.  i.  92, 
Martial,  vii.  5.  6.  Plin.  xv.  30.  He  immediately  sent  letters  wrap- 
ped round  with  laurel  {liUrcb  laureaia)  to  the  senate,  to  inform  them 


324  ROMAN  ANTIQUITIES. 

of  his  success,  to  which  Ovid  alludes,  Amor.  i.  11.  25.  and  if  the 
victory  was  considerable,  to  demand  a  triumph,  Liv.  xlv.  1.  Cic.  Pit. 
17.  Alt.  V.  20.  Fam.  ii.  10.  Appian.  B.  Miikrid.  p.  223.  to  which 
Persius  alludes,  vi.  43.  This  kind  of  letter  was  seldom  sent  under 
the  emperors,  Dio.  liv.  11.  TaciV.  Agric.  18.  If  the  senate  ap- 
proved, they  decreed  a  thanksgiving  {supplication  vel  supplicium^  vel 
gratulatio,  Cic.  Marcell.  4.  Fam.  ii.  18.)  to  the  gods,  and  confirmed  to 
the  general  the  title  of  Imperator,  which  he  retained  till  his  triumph 
or  return  to  the  city,  Cic,  Phil.  xiv.  3.  4.  5.  In  the  mean  time,  his 
lictors,  having  the  fasces  wreathed  with  laurel,  attended  him,  lb. 

V.  MILITARY  REWARDS. 

After  a  victory  the  general  assembled  his  troops,  and  in  pre- 
sence of  the  whole  army,  bestowed  rewards  on  those  who  deserved 
them.     These  were  of  various  kinds. 

The  highest  reward  was  the  civic  crown,  (CORONA  CIVICA,) 
jgiven  to  him  who  had  saved  the  life  of  a  citizen,  Gell.  v.  6.  Liv.  vi. 
30/ X.  56.  with  this  inscription,  ob  civem  Servatuv,  vel,  -es,  -tos, 
Senec.  cltm.  i.  26.  made  of  oak  leaves,  {tfrondt  querna,  hence  call- 
ed Q%urcus  civilisy  Virg.  JEn.  vi.  772.)  and  by  the  appointment  of 
the  general  presented  by  the  person  who  had  been  saved,  to  his  pre- 
server, whom  he  ever  after  respected  as  a  parent,  Cic.  Plane.  30. 
Under  the  emperors  it  was  always  bestowed  by  the  prince,  {imptra* 
toria  manu.)  Tacit.  Ann.  iii.  21.  v.  12.  It  was  attended  with  particu- 
lar honours.  The  person  who  received  it  wore  it  at  the  spectacles, 
and  sat  next  the  senate.  When  he  entered,  the  audience  rose  up,  as 
a  mark  of  respect,  {ineunti  etiam  ab  senalu  assurgebatur^  Plin.  xxi.  4. 
Among  the  honours  decreed  to  Augustus  by  the  senate  was  this,  that 
a  dvic  crown  should  be  suspended  from  the  top  of  his  house,  between 
ttvo  laurel  branches,  which  were  set  up  in  the  vestibule  before  the 
gate,  as  if  he  were  the  perpetual  preserver  of  his  citizens  and  the  con- 
queror of  his  enemies,  l>to.  liii.  16.  Val.  Max.  ii.  S.fin.  Ovid.  Fast 
1.  614.  iv.  953.  Trjst.  iii.  1. 35.-48.  So  Claudius,  Suet.  17.  hence, 
on  some  of  the  coins  of  Augustus  there  is  a  civic  crown,  with  these 
words  inscribed,  ob  cives  servatos. 

To  the  persons  who  first  mounted  the  rampart  or  entered  the  camp 
of  the  enemy,  was  given  by  the  general  a  golden  crown,  called  Co- 
rona Vallaris  vel  Castrensis.  Fal.  Ma:c.  i.  8.  To  him  who  first 
scaled  the  walls  of  a  city  to  an  assault.  Corona  M uralis,  IAv.  xxvi. 
48.  who  first  boarded  the  ship  of  an  enemy.  Corona  Navalis,  Fts* 
tti8  ;  Gell.  V.  6. 

Augustus  gave  to  Agrippa,  after  defeating  Sextus  Pompeius  in  a 
sea-fight  near  Sicily,  a  golden  crown,  adorned  with  figures  of  the 
beaks  of  ships,  hence  called  Rostrata,  Virg.  viii.  664.  said  to  have 
been  never  given  to  any  other  person,  Liv.  Epit.  129.  Paterc.  ii.  81. 
Dio.  xlix.  14.  but  according  to  Festus  m  voc.  Navali,  and  Pliny,  vii. 
39.  xvi.  4.  it  was  also  given  to  M.  Varro  in  the  war  against  the  pi- 


MILITARY  REWARDS,  335 

rates  by  Pompey ;  but  they  seem  to  confound  the  cor<ma  rostrata  and 
navalUf  which  others  make  different.     So  also  Suet,  Claud.  17* 

When  an  army  was  freed  from  a  blockade,  the  soldiers  gave  to 
their  deliverer  {ei  duci^  qui  liberavit,  Gell.  v.  6.)  a  crown  made  of  the 
grass  which  grew  in  the  place  where  they  had  been  blocked  np ; 
hence  called  graminea  corona  OBSIDIONALIS,  Liv.  vii,  37.  Flin. 
xxii.  4. 5.  This  of  all  military  honours  was  esteemed  the  greatest. 
A  fe  Wy  who  had  the  singular  good  fortune  to  obtain  it,  are  recount* 
ed,  lb.  5  &  6. 

Golden  crowns  were  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, 
Liy.  vii.  10. 36.  to  P.  Decius,  who  preserved  the  Roman  army  from 
being  surrounded  by  the  Samnites,  Id.  37.  and  to  others,  x.  44. 
xxvi.  21.  XXX.  15. 

There  were  smaller  rewards  (pr€Bmia  minora)  of  various  kinds ; 
as,  a  spear  without  any  iron  on  it,  (Hasta  pura,)  yirg,  Mn.  vi.  760. 
Suet.  Claud.  28. — a  fla^  or  banner,  i.  e.  a  streamer  on  the  end  of  a. 
lance  or  spear  (VEXILLUM,  quasi parvwn  vtlum^  Serv.  in  Vii^. 
^n.  viii.  1.)  of  different  colours,  with  or  without  embroidery,  (atira- 
turn  vel  purwn,)  Sail.  Jug.  85.  Suet.  Aug.  25. — ^Trappings,  (PHA- 
liERJE,)  ornaments  for  horses,  Virg.  Mn.  v.  310.  Liv.  xxiL  52. 
and  for  men,  Liv.  ix.  46.  Cic.  Jltt.  xvi.  17.  Vtrr.  iii.  80.  iv.  12. — 
Golden  chains  {JIurea  TORQUES,)  Tadt.  Annal.  ii.  9.  iii.  21.  Ju- 
venal,  xvi.  60.  which  went  round  the  neck,  whereas  the  Phalerm 
bui^  down  on  the  breast,  St7.  Ital.  xv.  52. — ^Bracelets,  (AR]tfIL> 
LiE,)  ornaments  for  the  arms,  Iav.  x.  44. — Cornicula,  ornaments 
for  the  helmet  in  the  form  of  horns,  Ibid.— CATELUE  vel  Catmu^ 
IcBf  chains  composed  of  rings  ;  whereas  the  Torques  were  twisted 
(tortm)  like  a  rope,  Liv.  xxxix.  31. — ^FIBUL^,  clasps,  or  buckles 
for  fastening  a  belt  or  garment.  Ibid. 

These  presents  were  conferred  by  the  general  in  presence  of  the 
army ;  and  such  as  received  them,  after  being  publicly  praised, 
were  placed  next  him,  Sal.  Jug.  51.  lAv.  xxiv.  16.*  Cic.  PhiL,  v.  13. 
17.  They  ever  after  kept  them  with  sreat  care,  and  wore  them  at 
•the  spectacles  and  on  all  public  occasions,  lAv.  x.  47.  Thcf^  first 
wore  them  at  the  rames,  A.  U.  459.  lb. 

The  spoils  (SPOLIA,  vel  Exuvice)  taken  from.thej&nemy,  were 
fixed  up  on  their  door-posts,  or  in  the  most  conspicuous  part  of  their 
houses,  Vtrg.  Mn.  ii.  504.  IJiv.  xxiii.  23. 

When  the  general  of  the  Romans  slew  the  general  of  the  enemy 
in  single  combat,  the  spoils  which  he  took  from  him,  {aum  dux  duci 
detraxit,)  were  called  SPOLIA  OPIMA,  (ab  Ope  vel  opibus,  Fes- 
tus,)  Liv.  iv.  20.  and  hung  up  in  the  temple  of  Jupiter  Feretrius, 
built  by  Romulus,  and  repaired  by  Augustus,  by  the  advice  of  Atti- 
cos,  ^fep.  in  vit.  20.  These  spoils  were  obtained  only  thrice  before 
the  fall  of  the  republic ;  the  first  by  Romulus,  who  slew  Acron  king 
of  the  Ceeninenses,  Liv.  i.  10.  the  next  by  A.  Cornelius  Cossut,  who 
slew  Lar  Tolumnius,  king  of  the  Yejenles,  A.  U.  318.  Liv*  iv.  20* 


336  ROMAN  ANTIQUITIES* 

and  the  third  by  M.  Claudius  Marcellus,  who  slew  VizidoinamSt 
king  of  the  Gauls,  A,  U.  630.  Uv.  Epit.  xx.  Virg.  ^n.  vi.  859. 
Blniarch.  in  Marctllo  ;  Proper L  iv.  11. 

Florus  calls  the  spoils  OriM a  Tvhich  Scipio  JSmilianus,  when  in 
a  subordinate  rank,  took  from  the  king  of  the  Ttrduli  and  Vaccmi  in 
Spain,  whom  he  slew  in  single  combat,  ii.  17.  but  the  Spolia  Opima 
GOuU  properly  be^pbtained  only  by  a  person  invested  with  supreme* 
command,  Dio.  IL  24. 

Sometimes  soldiers,  on  account  of  their  bravery,  received  a  dou- 
ble share  of  corn,  {duplex  fnanentum^)  which  they  might  give  away 
to  whom  tli^y  pleased*;  hence  called  DUPLICARII,  Liv.  ii.  59.  vii. 
37.  also  double  pay  {duplex  stipendiiim,)  clothes,  &c.  Cess,  btlL  civ, 
iiL  53.  called  by  Cicero,  Diaria,  AtL  viiL  14. 

VI.  A  TRIUMPH. 

Thb  highest  military  honour  which  could  be  obtained  in  the  Ro- 
man state,  was  a  triumph,  or  solemn  procession,  with  which  a  victo- 
rious general  and  his  army  passed  through  the  city  to  the  Capitol ;  so 
called  from^f<otft/3o^,  the  Greek  name  of  Bacchus,  who  is  said  to  have 
l>een  the  inventor  of  such  processions,  Varro,  de  LaU  ling.  v.  7. 
P/tn.  vii»  56.  s.  57.  It  had  its  origin  at  Rome,  from  Romulus  car* 
lying  the  Spolia  opima  in  procession  to  the  Capitol,  I)iony5.  ii.  34. 
and  the  ^rst  who  entered  the  city  in  the  form  of  a  regular  triumph 
was  Tarquinius  Priscus,  Liv.  i.  38.  the  next  P.  Valerius,  lAv.  ii.  7. 
and  the  first  who  triumphed  after  the  expiration  of  his  magistracy, 
{aeio  hionore,)  was  Q.  Publius  Philo,  Id.  viii.  26. 

A  triumph  was  decreed  by  the  senate,  and  sometimes  by  the  peo- 
ple against  the  will  of  the  senate,  Liv.  iii.  63.  vii.  17.  to  the  general 
who,  in  a  just  war  with  foreigners,  {justo  et  hostili  bello,  Cic;  Dejot. 
5.)  and  in  one  battle,  had  slain  above  5000  enemies  of  the  republic, 
and  by  that  victory  had  enlarged  the  limits  of  the  empire,  Val.  Max. 
u.  8.  Whence  a  triumph  was  called  Justus^  which  was  fairly  won, 
Gc.  Pis.  19.  Horat.  Od.  i.  12.  54.  And  a  general  was  said  irium" 
phartSf  et  agere  vet  deportare  liimnphum  de  vel  ex  aliquo^  triam* 
pkarefiliquetn  vel  aliquid^  Virg.  iEn.  vi.  836.  Plin.  v.  5.  ducere  por* 
iare^  vel  agere  eum  in  triumpho. 

There  was  no  just  triumph  for  a  victory  in  a  civil  war,  Val.  Max. 
ii.  8.  7.  Flor.  iv.  2.  Dio.  xlii.  18.  hence,  Bdla  geri  plactdt  nuUo$ 
habitura  triumphos  ?  Lucan.  i.  12.  although  this  was  not  always  ob- 
aerved,  Liv.  Epit.  115.  116.  133.  Plin.  Paneg.  2.  Dio.  xliii.  19. 
nor,  when  one  had  been  first  defeated,  and  afterwards  only  reco- 
▼ered  what  was  lost,  Oros.  iv.  nor  anciently  could  one  enjoy  that  ho- 
nour, who  was  invested  with  an  extraordinary  command,  as  Scipio  in 
Spain,  Liv.  xxviii.  33.  xxxvi.  20.  nor  unless  he  left  his  province  in 
a  state  of  peace,  and  brought  thence  his  army  to  Rome  along  with 
him  to  be  present  at  the  triumph,  Liv.  xxvi.  21.  xxxi.  49.  xxxix. 
29.  xlv.  38.  But  these  rules  were  sometimes  violated,  particularly 
in  the  case  of  Pompey,  Val.  Max.  viii.  15.  8.  J)io.  xxxvii.  85. 


,  A  TRIUMPH.  32T 

There  are  instances  of  a  triumph  being  celebrated  without  either 
the  aathority  of  the  senate,  or  the  order  of  the  people,  Lid.  x.  37. 
Oro».  V.  4.  Cic,  CcbL  14.  Suet  Tib.  2.  Ka/.  Max.  v.  4.  6.  and  alao 
when  no  war  was  carried  on,  Liv.  xl.  38. 

Those  who  were  refused  a  triumph  at  Rome  by  public  authority, 
aometimes  celebrated  it  on  the  Alban  mountain.  This  was  first  done 
by  Papirius  Naso,  A.  U.  522,  Fa/.  Max.  iii.  6.  5.  whom  several  af- 
terwards imitated,  Liv.  xxvi.  21.  xxxiii.  24.  xlii.  21.  xlv.  38. 

As  no  person  could  enter  the  city  while  invested  with  military 
command,  generals,  on  the  day  of  their  triumph,  were,  by  a  particu- 
lar order  of  the  people,  freed  from  that  restriction,  {Vi  ii>,  quo  die 
urbem  triumphantes  invehtrentur^  imperium  esset,)  Liv.  xlv.  3^. 

The  triumphal  procession  began  from  the  Campus  Martins,  and 
went  from  thence  along  the  Via  Triumphalis,  through  the  Campus 
and  Circus  Flaminius,  to  the  Porta  Triumphalis,  and  thence  through 
the  most  public  places  of  the  city  to  the  Capitol.  The  streets  were 
strewed  with*  flowers,  and  the  altars  smoked  with  incense,  Ovid. 
Trist.  iv.  2.  4.  . 

First  went  musicians  of  various  kinds,  singing  and  playing  triumph- 
al songs ;  next  were  led  the  oxen  to  be  sacrificed,  having  their  horns 
gilt,  and  their  heads  adorned  with  fillets  and  garlands  ;  then  in  car- 
riages were  brought  the  spoils  taken  from  the  enemy,  statues,  pic- 
tures, plate,  armour,  gold,  silver,  and  brass  ;  also  golden  crowns,  and 
other  gifts  sent  by  the  allied  and  tributary  states,  Liv.  xxxiii.  24. 
xxxvii.  58.  xxxix.  5.  7.  xl.  43.  xlv,  40.  Virg.  Mn.  viii.  720.  The 
titles  of  the  vanquished  nations  were  inscribed  on  wooden  frames 
(m  ferculis,)  Suet.  Jul.  37.  Cic.  OflT.  i.  36.  and  the  images  or  re- 
presentations of  the  conquered  countries,  cities,  &c.  Liv.  xxvi.  21. 
Quinctil.  vi.  3.  Ptin.  v.  5.  Ovid.  Pont.  ii.  1.  37.  iii.  4.  25.  Jirt.  Jim. 
h  220.  Flor.  iv.  2.  The  captive  leaders  followed  in  chains,  with 
their  children  and  attendants  ;  after  the  captives,  came  the  lictors, 
having  their  fasces  wreathed  with  laurel,  followed  by  a  great  compa- 
ny 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  carrying  per- 
fumes, {suffimenta.) Then  came  the  general  (DUX)  drest  in 

purple  embroidered  with  gold,  {toga  pici&  et  tuuiea  palmata)  with  a 
crown  of  laurel  on  his  head,  Liv.  ii.  47.  x.  8.  Dionys.  v.  47.  Plin. 
XV.  30.  V.  39,  a  branch  of  laurel  in  his  right  hand,  Plut.  in  JEmil. 
and  in  his  left  an  ivory  sceptre,  with  an  eagle  on  the  top,  JuvcnaL 
X.  43.  having  his  face  painted  with  vermilion,  in  like  manner  as  the 
statue  of  Jupiter  on  festival  days,  Plin.  xxxiii.  7.  s.  3t>.  and  a  golden 
ball  (aurea  bulloj)  hanging  from  his  neck  on  his  breast,  with  some 
amulet  in  it,  or  magical  preservative  against  envy,  Macrob.  Sat.  i.  6. 
*  standing  in  a  gilded  chariot,  {stans  m  curvu  aurato,)  Liv.  v.  23. 
adorned  with  ivory,  Ovid.  Pont.  iii.  4.  35.  Juvenal,  viii.  3.  and 
drawn  bv  four  white  horses,  Ovid.  Art.  i.  214.  at  least  after  the  time 
of  CamiUus,  Liv.  v.  23.  sometimes  by  elephants,  Plin.  mu  2.  aW 


328  ROMAN  ANTIQUITIES. 

tended  by  his  relations,  SueL  Tib.  2.  Domit.  2.  Cic.  Muran.  5.  and 
a  great  crowd  of  citizens,  all  in  white,  Juvenal,  x.  45.  His  children 
used  to  ride  in  the  chariot  along  with  him,  Liv.  xlv.  40.  Appian.  dt 
Punic,  and,  that  he  might  not  be  too  much  elated,  (ne  sibi  placertt,) 
«t  slave,  carrying  a  golden  crown  sparkling  with  gems,  stood  behind 
him,  who  frequently  whispered  in  his  ear,  Rkuember  that  thou 
ART  A  VAN  1  Plin.  xxxiii.  I.  s.  4.  Juvenal,  x.  41.  Zonar.  ii.  TertulL 
Apolog.  33.  Afler  the  general,  followed  the  consuls  and  senators 
on  foot,  at  lelist  according  to  the  appointment  of  Augustus  ;  for  for- 
merly they  used  to  go  before  him.  Dio.  li.  21.  His  legali  and  mili- 
tary tribunes  commonly  rode  by  his  side,  Cic,  Pis.  25. 

The  victorious  army,  horse  and  foot,  came  last,  all  in  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,  Liv.  v.  49*  xlv.  38.  but  sometimes  throwing  out  railleries 
against  him,  Suti.  Jul.  49.  51.  Dionys.  vii.  72.  Martial,  i.  5.  3.  often 
exclaiming,  lo  Triiimfhe,  in  which  all  the  citizens,  m  they  passed 
along,  joined,  Horat.  Od.  iv.  2.  49.  Ovid.  Trist.  iv.  2.  51.  Amor.  i. 
2.34. 

The  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,  Cic.  Verr.  v.  30.  lAv.  xxvi. 
13.  Dio.  xl.  41.  xjiii.  19.  but  not  always,  Appian.  de  Bell.  MUhrid, 
253.  Liv.  xlv.  41.  42.  and  when  he  reached  the  Capitol,  he  used  to 
wait  till  he  heard  that  these  savage  orders  were  executed,  Joseph, 
.de  bell,  Jud.  vii.  24. 

Then,  after  having  offered  up  a  prayer  of  thanksgiving  to  Jupiter 
and  the  other  gods  for  his  success,  he  commanded  the  victims  to  be 
sacrificed,  which  were  always  white,  Ovid.  ibid,  from  the  river  Cli- 
tumnus,  Virg.  G.  ii.  146.  and  deposited  his  golden  crown  in  the  lap 
of  Jupiter,  {ingremio  Jovis,)  Senec.  Helv.  10.  to  whom  he  dedicat- 
ed part  of  the  spoils,  Plin.  xv.  30.  xxxv.  40.  After  which  he  gave  a 
magnificent  entertainment  in  the  Capitol  to  his  friends,  and  the  chief 
men  of  the  city.  The  consuls  were  invited,  but  were  afterwards 
desired  not  to  come,  (ul  venire  supersedereni^)  that  there  might  be 
no  one  at  the  feast  superior  to  the  triumphant  general,  Fal.  Max.  ii. 
8.  6.  After  supper,  he  was  conducted  home  by  the  people,  with 
music  and  a  great  number  of  lamps  and  torches,  Dio.  xliii.  22.  Flor. 
ii.  2.  Cic.  Sen.  13.  which  sometimes  also  were  used  in  the  triumphal 
procession.  Suet.  Jul.  37. 

The  gold  and  silver  were  deposited  in  the  treasury,  Liv.  x.  46. 
and  a  certain  sum  was  annually  given  as  a  donative  to  the  officers 
and  soldiers,  who  were  then  disbanded,  (exauctorati  et  dimissi^  Lav. 
xxviii.  9.  XXX.  45.  xxxvi.  40. — ^The  triumphal  procession  sometimes 
took  up  more  than  one  day ;  that  of  Paulus  iEmilius,  three,  Plutarch. 

When  the  victory  was  gained  by  sea,  it  was  called  a  Naval  Tri- 
uiiPH ;  which  honour  was  first  granted  to  Duilius,  who  defeated  the 
Carthaginian  fleet  near  Lipdrce  in  the  first  Punic  war,  A.  U.  493. 
Liv.  Epit.  17.  and  a  pillar  erected  to  him  in  the  Forum,  called  Co- 


MILITARY  PUNISHMENTS.  329 

LtJitNA  RosTRATA,  QuinctU.  I  7.  Stl.  yI  663.  with  an  inflcription, 
part  of  which  still  remains. 

When  a  victory  had  been  gained  without  difficulty,  or  the  like. 
Gelt.  V.  6.  an  inferior  kind  of  triumph  was  granted,  called  OYATIO, 
in  which  the  general  entered  the  city  on  foot  or  on  horseback,  Dio, 
liv.  8.  crowned  with  myrtle,  not  with  laurel,  Plin.  xv.  29.  s.  38.  and 
instead  of  bullocks,  sacrificed  a  sheep,  (orern,)  whence  its  name. 
PluL  in  MarcelL  Dionys,  v.  47.  viii.  §.  Liv.  iii.  10.  xxTi.21.  xxxi. 
20.  xxxiii.  28.  xli.  28. 

AAer  Augustus,  the  honour  of  a  triumph  was  in  a  manner  confined 
to  the  emperors  themselves.  Dio.  Y\x.  19  &l  23.  and  the  generals 
who  acted  with  delegated  authority  under  their  auspices,  only  receiv- 
ed triumphal  ornaments,  a  kind  of  honour  devised  by  Augustus,  Siut. 
Aug.  38.  Tib.  9.  Dio.  liv.  24.  31.  Hence  L.  Vitellius,  having  taken 
Terracina  by  storm,  sent  a  laurel  branch  in  token  of  it  (laurtam  pra^ 
spere^  gesUs  rei,)  to  his  brother.  Tacit.  Hist.  iii.  77.  As  the  empe* 
rors  were  so  great,  that  they  might  despise  triumphs,  Flor.  iv.  12.  53. 
so  that  honour* was  thought  above  the  lot  of  a  private  person  ;  such 
therefore  usually  declined  it,  although  offered  to  them  ;  as  Vinicius, 
Dio.  liii.  26.  A^rippa,  Id.  liv.  11  dt  24.  Plautius,  Id.  Ix.  20.  We 
read,  however,  of  a  triumph  being  granted  to  Belisarius  the  general 
of  Justinian,  for  his  victories  in  Africa,  which  he  celebrated  at  Con* 
stantinople,  and  is  the  last  instance  of  a  triumph  i*ecorded  in  history, 
Proeop.  The  last  triumph  celebrated  at  Rome  was  by  Diocletian 
and  Maximian,  20  Kov.  A.  D.  303.  Euttop.  ix.  27.  just  before  they 
resigned  the  empire,  lb.  28. 

VII.  MILITARY  PUXISHMEMTS. 

These  were  of  various  kinds,  either  lighter  or  more  severe. 

The  lighter  punishments,  or  such  as  were  attended  with  inconve- 
nience, loss,  or  disgrace,  were  chiefly  these,  1.  Deprivation  of  pay, 
either  in  whole  or  in  part,  (stipendio  privari^)  Liv.  xl.  41.  the  pun- 
ishment of  those  who  were  oflen  absent  from  their  standards  (Infre- 
quENTEs,)  Pla^d.  True.  ii.  1.  19.  A  soldier  punished  in  this  man- 
ner was  called  iEas  dirutus,  Fe.sius.  Whence  Cicero  facetiously 
applies  this  name  to  a  person  deprived  of  his  fortune  at  play,  Verr^ 
V.  13.  or  a  bankrupt  by  any  other  means,  Phil.  xiii.  12. 2.  For- 
feiture of  their  spears,  Cknsio  Hast  aria,  Festus. 3.  Removal 

from  their  tent,  [locum  in  quo  tenderent  mutare,)  Liv.  xxv.  6.  some- 
times to  remain  without  the  camp,  and  without  tents,  Liv.  x.  4.  or 
at  a  distance  from  the  winter-quarters,  Liv.  xxvi.   1.  f^al.  Max.  ii. 

7.  15. 4.  Not  to  recline  or  sit  at  meals  with  the  rest,  {cibwn  stan. 

t€s  capere,)  Liv.  xxiv.  16. 5.  To  stand  before  the  pratorium  in  a 

loose  jacket.  Suet.  Aus:.  24.  l^al.  Mix.  ii.  7.  9.  and  the  centurions 
without  their  girdle,  {discincti,)  Liv.  xxvii.  13.  orlo  dig  iri  that  dress, 

Plut.  in  Lucull. 6.  To  get  an  allowance  of  barley  instead  of 

wheat,  {hordeo  pasci)  Liv.  ibid.  Suet.  Aug.  24. ^7.  Degradation 

of  rank,  {gradus  dejectio  ;)  an  exchange  into  an  inferior  corps  or  less 

42 


330  ROMAN  ANTIQUITIES. 

honourable  service,  (militia  mutatio^)  Val.  Max.  ibid. 8.  To  be 

removed  from  the  camp,  (a  castris  segregari,)  and  employed  in  va- 
rious works,  Feget,  iii.  4.  an  imposition  of  labour,  munerum  indictio^ 
or  dismission  with  disgrace,  {ignominiosi  mtV/i,)  Hirt.  de  bell.  Afr. 
54.  vel  EXAUCTORATio,  Plin,  Ep,  vi.  31.  A.  Gellius  mentions  a 
singular  punishment,  namely,  of  letting  blood,  {sanguinem  mittendi^ 
X.  o.  Sometimes  a  whole  legion  was  deprived  of  its  name,  as  that 
called  Augusta,  Dio.  liv.  11. 

The  more  severe  punishments  were,  1.  To  be  beaten  with  rods, 
{virgis  ccBdif)  or  with  a  vine-sapling,  {vite^)  Val.  Max.  fi.  7.  4.  Juve- 
nal, viii.  247. 2,  To  be  scourged  and  sold  as  a  slave,  lAv.  Epii, 

55. 3.  To  be  beaten  to  death  with  sticks,  called  FUSTUARI- 

UM,  the  bastinado,  Liv.  v.  6.  Ctc.  PhiL  iii.  6.  PolyK  vi.  35.  which 
was  the  usual  punishment  of  theft,  desertion,  perjury,  &c.  When  a 
soldier  was  to  suffer  this  punishment,  the  tribune  first  struck  him  gent- 
ly with  a  staff,  ool  which  signal  all  the  soldiers  of  the  legion  fell  upon 
him  with  sticks  and  stones,  and  generally  killed  him  on  the  spot  If 
he  made  bis  escape,  for  he  might  fly,  he  could  not  however  return  to 
his  native  country,  because  no  one,  not  even  his  relations,  durst  ad- 
mit him  into  their  houses,  Polvb.  ibid.  1.  To  be  overwhelmed 
with  stones  {lapidibus  cooperiri^  and  hurdles,  {sub  crate  necari^)  Liv. 

i.  51.  iv.  50. ^5.  To  oe  beheaded,  {securi  percuiif)  Liv.  ii.  59. 

xxviii.  29.  Epit.  xv.  sometimes  crucified,  Liv.  xxx.  43.  and  to  be 

left  unburiea,  VaL  Max.  ii.  7.   15. 6.  To  be  stabbed  by  the 

swords  of  the  soldiers,  Tacit.  Annal.  i.  44.  and,  under  the  emperora, 
to  be  exposed  to  wild  beasts,  or  to  be  burnt  alive,  &;c. 

Punishments  were  inflicted  by  the  legionary  tribunes  and  prsefects 
of  the  allies  with  their  council ;  or  by  the  general,  from  whom  there 
was  no  appeal,  Polvb.  vi.  35. 

When  a  number  had  been  guilty  of  the  same  crime,  as  in  the  case 
of  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.  TacU.  Hist.  i.  37.  Plutarch,  in  Crass.  Dio.  xli.  35. 
xlviii.  42.  xlix.  27  &  38.  or  the  most  culpable  were  selected,  Liv. 
xxviii.  29.  Sometimes  only  the  20th  man  was  punished,  vicksiha.- 
Tio ;  or  the  100th,  cent£81matio,  Capitolin.  in  Macrin.  12. 

VIII.  MILITARY  PAY  and  DISCHARGE. 

The  Roman  soldiers  at  first  received  no  pay  {stipendium)  from 
the  public    Every  one  served  at  his  own  chains. 

Pay  was  first  granted  to  the  foot,  A.  U.  347,  Liv.  iv.  59.  and 
three  years  after,  during  the  siege  of  Veji,  to  the  horse,  Id.  v.  7. 

It  was  in  the  time  of  the  repuolic  very  inconsiderable ;  two  oboli, 
or  three  asses ^  (about  2jd.  English,^  a  day  to  a  foot  soldier,  the 
double  to  a  centurion,  and  the  triple  to  an  eques,  Polyb.  vi.  37. 
Plavi.  Most.  ii.  1.  10.  Liv.  v.  12.  Julius  Csesar  doubled  it,  Suet^ 
Jul.  26.  Under  Augustus,  it  was  ten  asses,  (7}d.)  Suet.  Aug.  49. 
Tacit.  Ann.  i.  17.  and  Domitian  increfised  it  still  more,  by  adding 


ATTACK  AND  DEFENCE,  &c.  331 

three  gold  pieces  annually,  Suet.  Domit.  7.  What  was  the  pay  of 
the  tribunes,  is  uncertain  ;  but  it  appears  to  have  been  considerable, 
Juvenal,  iii.  132.  The  prsetorian  cohorts  had  double  the  pay  of  the 
common  soldiers,  Dto.  liv.  35.  Tacit,  ib. 

Besides  pay,  each  soldier  was  furnished  with  clothes,  and  received 
a  certain  allowance  {dimensum)  of  corn,  commonly  four  bushds  a 
month,  the  centurions  double,  and  the  equites  triple,  Polyh.  vi.  37. 
But  for  these  things  a  part  of  their  pay  was  deducted,  TaciU  Ann. 
L  17.  Polyh.  ib. 

The  allies  received  the  same  quantity  of  com,  except  that  the 
horse  onlv  received  double  of  the  foot.  The  allies  were  clothed  and 
paid  by  their  own  states,  Poiyb.  ibid. 

Anciently  there  were  no  cooks  permitted  in  the  Roman  army* 
Tlie  soldiers  dressed  their  own  victuals.  They  took  food  twice  a  day, 
at  dinner  and  supper.  A  signal  was  publicly  given  for  both.  The 
dinner  was  a  slight  meal,  which  they  commonly  took  standing. 
Thev  indulged  themselves  a  little  more  at  supper.  The  ordinary 
drink  of  soldiers,  as  of  slaves,  was  water  mixed  with  vinegar,  called 
PoscA,  Plata.  Ml.  iii.  2.  23. 

When  the  soldiers  had  served  out  their  time,  {siiptndxa  Ugitima 
fecissentf  vel  meruisseni,)  the  foot  twenty  years,  and  the  horse  ten, 
they  were  called  Emeriti,  Lucan.  i.  344.  and  obtained  their  dis- 
charge. This  was  called  MISSIO  HONESTA  vel  justa.  When 
a  soldier  was  discharged  for  some  defect  or  bad  health,  it  was  call- 
ed Missio  CxnsARiA. ;  if,  from  the  favour  of  the  general,  he  was  dis- 
diai^d  before  the  just  time,  Missio  gratiosa,  Liv.  xliii.  14.  if  on 
account  of  some  fault,  ionomuviosa,  Hirt.  dt  bell.  Aft.  54.  D.  de  re 
milii.  I.  13. 

Augustus  introduced  a  new  kind  of  discharge,  called  Exauctora- 
Tio,  by  which  those  who  had  served  sixteen  campaigns,  were  ex- 
empted from  all  military  duty  except  fighting.  They  were,  however, 
retained  {ienebaniur)  in  the  army,  not  with  Uie  other  soldiers  under 
standards  (ni6  signis  el  aquilis,)  but  under  a  flag  by  themselves,  {sub 
vexillo  seorsim.  Tacit.  Annal.  i.  36.  whence  they  were  called  VEX- 
ILLARII  or  Veterani^  sometimes  all  Subsionani,  TaciL  Hist.  i.  70.) 
till  they  should  receive  a  full  discharge,  and  the  rewards  of  their 
service  (prasmia  vel  commoda  militice^)  either  in  lands  or  money,  or 
both,  Suet.  Aug.  49.  Cat.  44.  Cic.  Phil.  ii.  40.  Virg.  Eel.  i.  71.  ix. 
2. — 5.  Horai.  Sat.  ii.  6.  55.  which  sometimes  they  never  obtained, 
Tacit.  Annal.  i.  17.  Suet.  Tiber.  48.  Dio.  liv.  25.  Exauc torare  is 
properly  to  free  from  the  military  oath,  to  disband,  Liv.  viii.  34. 
XXV.  20.  Suet.  Aug.  24.  Vit.  10. 

IX.  METHOD  of  ATTACKIM}  and  DEFEJiDIMi  TOWNS. 

Thb  Romans  attacked  (oppugnabant)  places  either  by  a  sudden 
assault,  or,  if  that  failed,  (si  subilo  impetu  expugnare  non  poterant^) 
they  tried  to  reduce  them  by  a  blockade,  C<bs.  B.  G.  vii.  36. 

They  first  surrounded  a  town  with  troops  {corona  cingebant^  vel 


332  ROMAN  ANTIQUITIES. 

3 

ciramddbant,  Liv.  vii-ST.  xxiii.  44.  xxiv.  2.  mania  txercUu  circum* 
venerunt^  Sallust.  Jug.  57.)  and  by  their  missive  weapons  endeaTour- 
ed  to  clear  the  walls  of  defendants  (nudare  muros  defensoribus^  vel 
propvgnaloribus.)  Then,  joining  their  shields  in  the  form  of  a  fetluda 
or  tortoise,  (iestudine  facta  ▼.  acta^)  Liv.  zliv.  9.  Dio.  zlix.  30.  to  se- 
cure themselves  from  the  darts  of  the  enemy,  they  came  up  to  the 
gates,  (succedere  portis^)  and  tried  either  to  undermine  (subnure  vel 
subfodere)  the  walls,  or  to  scale  them,  Liv.  x.  43.  xxvi.  45.  xxxiv. 
39.  xliv.  9.  Ob3.  B.  G.  ii.  6.  Tacit.  Hist.  iii.  28.  31.  Sallust.  Jug.  94. 

When  a  place  could  not  be  taken  by  storm,  it  was  invested,  Iav^ 
ii.  11.  Two  lines  of  fortifications  or  intrenchments  {ancipitia  mu-^ 
fiimenta  vel  mimitiones)  were  drawn  around  the  place  at  some  dis- 
t^ce  from  one  another,  called  the  lines  of  contravallation  and  cir- 
cumvallation ;  the  one  against  the  sallies  of  the  townsmen,  and  the 
other  against  attacks  from  without,  Liv.  v.  1.  xxxviii.  4. 

These  lines  were  composed  of  a  ditch  and  a  rampart,  strengthen- 
ed with  a  parapet  and  battlements,  {lorica  etpinncB,)  and  sometimes 
a  solid  wall  of  considerable  height  and  thickness  flanked  with  towers 
and  forts  at  proper  distances  round  the  whole. 

At  the  foot  or  the  parapet,  or  at  its  junction  with  the  rampart,  (ad 
commissuras  pluteorum  atque  aggeris)  there  sometimes  was  a  palli- 
sade  made  of  large  stakes  cut  in  the  form  of  stags'  horns ;  hence  call- 
ed CERVI,  to  prevent  the  ascent  of  the  enemy.  Before  that,  there 
were  several  rows  of  trunks  of  trees,  or  larffe  branches  sharpened 
at  the  ends  (prceacutis  cacuminibus,)  chWed  CiPPl,  fixed 'in  trenches 
(Josscb)  about  five  feet  deep.  In  front  of  these  were  dug  pits  {scrobts'^ 
of  three  feet  deep,  intersecting  one  another  in  the  form  of  a  j utn- 
ctinx,  thus 


stuck  thick  with  strong  sharp  stakes,  and  covered  over  with  bushes 
to  deceive  the  enemy,  called  LI  LI  A.  Before  these,  were  placed  up 
and  down  {omnibus  locis  disserebantur)  sharp  stakes,  about  a  foot 
lon^,  (Talea,)  fixed  to  the  ground  with  iron  hooks,  called  Stimuli. 
In  front  of  all  these,  Csesar,  at  .^lesia,  made  a  ditch  twenty  feet  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  or  attacks 
on  the  city,  Ccbs.  B.  G.  vii.  66. 67. 

Between  the  lines  were  disposed  the  army  of  the  besiegers,  who 
were  thus  said,  Urbtm  obsidione  claudere  vel  cingere^  to  invest. 

The  camp  was  pitched  in  a  convenient  situation  to  communicate 
with  the  lines. 

From  the  inner  line  was  raised  a  mount,  (AGGER*  exstrufiatur) 

♦  The  AocER,  or  Mount,  was  employed  in  modern  timet,  by  (be  RuMians ;  I 
think  at  the  fiege  of  Ockaakow. 


ATTACK  AND  DEFENCE,  &c.  333 

composed  of  earth,  wood,  and  hurdles,  (crates,)  and  stone,  which 
was  gradually  advanced  (promovebalur)  towards  the  town,  always 
increasing  in  height,  till  it  equalled  or  overtopped  the  walls.  The 
mount  which  Caesar  raised  a|:ain8t  Avaricum  or  Bourges,  was  330 
feet  broad,  and  80  feet  high,  Cohb,  B.  G.  vii.  23. 

The  Agger  or  mount  was  secured  by  towers  consisting  of  different 
stories,  {turres  contabulatce^)  from  which  showers  of  darts  and  stones 
were  discharged  on  the  townsmen  by  means  of  engines,  (iormenta^) 
called  Catapultjb,  Balista,*  and  Scorpiones,  to  defend  the  work 
and  workmen,  (opus  et  administros  tularin)  Sallust.  Jug.  76.  Of  these 
towers  Caesar  is  supposed  to  have  erected  1561  on  his  lines  around 
Alesia,  Cas.  de  BtlL  G.  vii.  72.  The  labour  and  industry  of  the 
Roman  troops  were  as  remarkable  as  their  courage. 

There  were  also  moveable  towers,  (Turres  mobiles  vel  ambu- 
ULTORiA,)  which  were  pushed  forward  {admovebaniur  vel  adigthanr 
iur)  and  brought  back  {rtducebaniur)  on  wheels,  fixed  below  (roiU 
sttbjeetis)  on  the  inside  of  the  planksi  Cas,  B.  G.  ii.  31.  v.  42.  vii. 
24.  HirL  de  bell.  Alex.  2.  Liv.  xxi.  ll.t 

To  prevent  them  from  being  set  on  fire  by  the  enemy,  they  were 

*  <'  The  eatapnlta  and  balista  were  intended  for  discharging  darts,  arrows,  and 
atones.  They  were  of  different  siaes,  and  consequently  produced  more  or  less  ef- 
fect. Some  were  used  in  battles,  and  might  be  called  field-pieces  :  others  were  em- 
ployed in  sieges,  which  was  the  use  most  commohly  made  of  them.  The  balista 
must  have  been  the  heaviest  and  most  difficult  to  carry,  because  there  was  aiways  a 
greater  number  of  catapults  in  the  armies.  Livy,  in  bis  description  of  the  siege  of 
Carthage,  says,  that  there  were  a  hundred  and  twenty  ereat,  and  more  than  two  hun- 
dred small  catapults  taken,  with  thiriy-three  great  baTi»te,  and  fifty-two  small  ones. 
Josephus  mentions  the  same  difference  amongst  the  Romans,  who  had  three  hundred 
catapults,  and  forty  balists,  at  the  siege  of  Jerusalem.  These  machines  had  a  force 
which  it  is  not  easy  to  comprehend,  but  which  ail  good  authors  attest.  Vegetias  sa^s, 
that  the  baliste  discbargea  darts  with  so  much  rapidity  and  violence,  that  nothing 
could  resist  their  force.  Athcnius  tells  us,  that  Agesistrntus  made  one  of  little  more 
than  two  feet  in  length,  which  shot  darts  almost  five  hundred  paces.  These  ma- 
chines were  not  unlike  our  cross-bows.  There  were  others  of  much  greater  force, 
which  threw  stones  of  three  hundred  weight,  upwards  of  a  hundred  and  twenty-five 
paces.  We  find  surprising  effecis  of  them  in  Josephus.  The  darts  of  the  catapults, 
he  tells  us,  destroyed  abundance  of  people.  The  stones  from  the  balists  beat  down 
the  battlements,  and  broke  the  angles  of  the  towers ;  nor  was  there  any  phelanx  so 
deep,  but  one  of  these  stones  would  sweep  a  whole  file  of  it  from  one  end  to  the 
other  Folard,  in  his  Commentary  upon  Pulybius,  says,  their  force  was  very  near 
equal  to  that  of  artillery."    Duncan, — Ed. 

t  "  The  moving  towers  were  made  of  an  assemblage  of  beams  and  strong  planks, 
not  unlike  a  house.  To  secure  them  against  the  fires  thrown  by  the  besieged,  they 
were  covered  with  raw  hides,  or  with  pieces  of  cloth  made  ot  bair.  Their  height 
was  in  proportion  to  their  base.  They  were  sometimes  thirty  feet  square,  and  some- 
times forty  or  fifty.  They  were  higher  than  the  walls  or  even  towers  of  the  city. 
They  were  supported  upon  several  wheels  according  to  mechanic  principles,  by  the 
means  of  which  the  machine  was  easily  made  to  move,  bow  great  soever  it  might 
be.  The  town  was  in  great  danger,  if  this  tower  could  approach  the  walls ;  for  it 
had  stairs  from  one  story  to  another,  and  included  different  methods  of  attack.  At 
bottom  it  had  a  ram  to  batter  the  wall,  and  on  the  middle  story  a  draw-bridge, 
made  of  two  beams  with  rails  of  basket  work,  which  let  down  easily  upon  the 
wall  of  the  city  when  within  reach  of  it.  I'he  besiegers  passed  upon  this  bridge 
to  make  themselves  masters  of  the  wall.  Upon  the  higher  stories  were  soldiers 
armed  with  partizans,  and  missive  weapons,  who  kept  a  perpetual  discharge  upon 
the  worlcs.    When  affairs  were  in  this  posture,  a  place  seldom  held  out  long.^*  Dun- 


334  ROMAN  ANTIQUITIES. 

covered  with  raw  bides  (coria)  and  pieces  of  coarse  cloth  and  mat- 
tresses, {centones  vel  cilicia^)  Cses.  de  bell.  Civ.  ii.  10.  They  were  of 
an  immense  bulk,  sometimes  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  out  long,  Liv.  xxi.  II.  14.  xxxii.  17.  xxxiil  17. 

But  the  most  dreadful  machine  of  all  was  the  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.* 
Vegtt.  iv.  14.  Liv.  xxi.  12.  xxx.  32.  46.  xxxii.  23.  xxxviii.  5.  Jos^k. 
d€  bell.  Jud.  iii.  9. 

The  ram  was  covered  with  sheds  or  mantlets,  called  YINEiE, 
machines  constructed  of  wood  and  hurdles,  and  covered  with  earth 
or  raw  hides,  or  any  materials,  which  could  not  easily  be  set  on  fire. 
They  were  pushed  forwards  by  wheels  below,  {rolis  subjtctis  ageban* 
tur  vel  imptlUbantur^)  Sallust.  Jug.  76.  Under  them,  the  besiegers 
either  worked  the  ram,  or  tried  to  undermine  the  walls,  Liv.  ii.  17. 
V.  7.  X.  34.  xxi.  7.  61.  xxiii.  18. 

Similar  to  the  VintcB  in  form  and  use  were  the  TESTUDINES  ; 
ao  called,  because  those  under  them  were  safe  as  a  tortoise  under  its 
ahell,  Lit.  v.  5.  Cas.  B.  G.  v.  41.  50.  de  btlL  Civ.  ii.  2.  I4.t 

*  "  The  ram  was  composed  of  a  large  long  beam,  armed  at  one  end  wifli  iron  in 
the  form  of  a  ram's  bead,  and  of  the  same  bigness  with  the  beam.  This  piece  of  wood 
was  suspended  by  chains  in  ctquilibrio,  in  order  to  be  set  in  motion  with  the  greater 
ease.  A  hundred  men,  more  or  less,  worked  it  by  main  strength,  to  strike  it  against 
m  wall  or  rampart,  in  order  to  beat  ihem  down  after  having  shaken  them  by  repeated 
blows.  Care  was  taken  to  clothe  this  beam  with  wet  leather,  to  prevent  its  beior 
«et  on  fire/  ft  was  slung  under  a  kind  of  moving  tortoise  or  gallery,  which  covered 
more  than  half  of  it,  in  order  to  shelter  those  who  worked  the  ram  from  the  stones 
fuid  darts  of  the  besieged.  The  effects  of  this  machine  were  prodigious.  As  it  was 
one  of  those  that  did  most  hurt,  many  methods  were  contrived  to  render  it  useless. 
Fire  was  darted  upon  the  roof  that  covered,  and  the  timber  that  supported  it,  in  or- 
der to  burn  them  with  the  ram.  To  deaden  its  blows,  sacks  of  wool  were  let  dowa 
against  the  place  at  which  it  was  levelled.  A  machine  was  also  made  use  of  against 
it,  called  the  wolf,  by  way  of  opposition  to  the  ram,  with  which  they  endeavoured 
to  grapple  it,  in  order  to  draw  it  to  themselves,  or  break  it."     Duncan. — £o. 

t  *'  The  tortoise  was  a  machine  composed  of  very  strong  and  solid  timber  work.  The 
height  of  it,  to  the  up[>eruiost  beam,  which  sustained  the  roof,  was  twelve  feet.  The 
base  was  square,  and  each  of  its  froiiis  twenty  five  feet  It  was  covered  with 
a  kind  of  quilted  mattress  made  of  raw  hides^  and  prepared  with  different  drugs, 
to  prevent  its  being  set  on  fire  by  combustibles.  This  heavy  machine  was  support- 
ed upon  four  wheels,  and  had  the  name  of  tortoise  from  its  serving  as  a  very  strong 
covering  and  defence,  against  the  enormous  weight  thrown  down  on  it :  those  under 
it  being  safe  in  the  same  manner  as  a  tortoise  under  her  shell.  It  was  used  both  io 
fill  up  the  ditch,  and  for  sapping.  For  the  filling  up  of  the  ditch,  it  was  necessary  to 
join  several  of  them  together  in  a  line,  and  very  near  one  another.  Diodorus  Sicn- 
lus,  speaking  of  the  siege  of  Halicariiassius  by  Alexander  the  Great,  says,  that  he 
first  caused  three  tortoises  to  approach,  in  order  to  fill  up  the  ditch,  and  that  after- 
wards he  planted  his  rams  upon  the  space  filled  up,  to  baiter  the  wall.  This  ma- 
chine is  often  mentioned  by  authors.  There  were,  without  doubt,  tortoises  of  dif- 
ferent forms  and  sizes.  Some  indeed  are  of  opinion,  that  because  of  its  enormous 
weight,  it  could  not  be  moved  from  place  to  place  on  wheels,  bnt  was  pushed  foi^ 
wards  on  rollers.  Under  these  rollers  the  way  was  laid  with  strong  planks,  to  facili- 
tate its  motion,  and  prevent  its  sinking  into  the  ground,  from  whence  it  would  have 
been  very  difficult  to  have  removed  it.  The  ancients  have  observed,  that  the  roof  bad 
a  thicker  covering  of  hides,  hurdles,  sea  weed,  &c.  than  the  sides,  as  it  was  exposed 
to  much  greater  shocks  from  the  weight  thrown  upou  it  by  the  besieged,    it  had  a 


ATTACK  AND  DEFENCE  &c  335 

or  the  same  kind  were  the  PLUTEI,  Liv.  xxi.  61.  xxxiv.  17. 
Cms.  passim,  the  Musculus,  ibid,  &c. 

Thege  mantlets  or  sheds  were  used  to  cover  the  men  in  filling  up 
the  ditches,  and  for  various  other  purposes,  Cors.  B.  G.  vii.  d8. 

When  the  nature  of  the  ground  woulcf  permit  these  machines 
to  be  erected  or  brought  forward  to  the  walls,  the  besiegers  some- 
times drove  a  mine  (CUNICULUM  agebant)  into  the  heart  of  the 
city,  Liv.  v.  19. 21.  or  in  this  manner  intercepted  the  springs  of  wa- 
ter, FTiri.  de  BtlL  Gell.  viii.  41.  43. 

When  they  only  wished  to  sap  the  foundation  of  the  walls,  they 
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  the  besieged,  to  frustrate  the  attempts  of  the  be- 
siegers, met  their  mines*  with  countermines,  {transvtrsis  cuniculis 
hostium  cuniculos  excipere,)  Liv.  xxiii.  18.  which  sometimes  occa- 
sioned dreadful  conflicts  below  ground,  xxxviii.  7.  The  great  ob* 
{'ect  was  to  prevent  them  from  approaching  the  walls  {apertos^ac,9b 
lostibus  vel  Romanis,  cunicidos  morabanlurf  manibiuque  appropin* 
quart  prohibtbani^)  Caes.  B.  6.  vii.  22. 

The  besieged  also,  by  means  of  mines,  endeavoured  to  frustrate 
or  overturn  the  works  of  the  enemy,  Cabs,  B,  G,  iii.  21.  vii.  22. 
They  withdrew  the  earth  from  the  mount,  {lerram  ad  se  inirorsuM 
subtrahebant,)  or  destroyed  the  works  by  fires  below,  in  the  same 
manner  as  the  besiegers  overturned  the  walls,  Cas.  ibid.  Joseph,  de 
Bell,  Jud.  iii.  12. 

When  they  apprehended  a  breach  would  be  made,  they  reared 
new  walls  behind,  with  a  deep  ditch  before  them.  They  employed 
various  methods  to  weaken  or  elude  the  force  of  the  ram,  and  to  de- 
fend themselves  against  the  engines  and  darts  of  the  besiegers,  Liv, 
xlii.  63.  But  these  and  every  thing  else  belonging  to  this  subject, 
will  be  best  understood  by  reading  the  accounts  preserved  to  us  of 
ancient  sieges,  particularly  of  Syracuse  by  M arcellus,  Liv,  xxiv.  33. 
of  Ambracia  by  Fulvius,  Id.  xxxviii.  4.  of  Alesia  by  Julius  Ceesar, 
de  BtlL  Gall,  vii.  of  Marseilles  by  his  lieutenants,  Ccbs,  B,  Civ.  ii« 
and  of  Jerusalem,  by  Titus  Vespasian,  Joseph,  dt  Bell,  Jud. 

When  the  Romans  besiegid  a  town,  and  thought  themselves  sure 
of  taking  it,  they  used  solemnly  {cerio  carmine)  to  call  out  of  it  (xvo* 
carb)  the  gods,  under  whose  protection  the  place  was  supposed  to 
be,  Liv.  vL  21.1    Hence  when  Troy  was  taken^  the  gods  are  said  ' 

door  in  front,  which  was  drawn  up  by  a  chain  as  far  as  was  necessary,  and  covered 
the  soldiers  at  work  in  filling  ap  the  ditch.'*     Duncan. — Eo. 

*  Mining  and  conntermintng  have  been  often  uied  in  modern  times,  especially  in 
FlamUn  and  the  Low  Countries. 

t  The  form  of  the  Evocation  was  nearly  as  follows : — **  If  there  be  to  Carthage  a 
a  protecting  god  or  goddess,  1  pray  and  beseech  ye  great  gods,  who  have  talcen  into 
your  care  this  city,  to  abandon  these  habitations,  these  temples,  and  these  sacred 
places;  toforeet  them,  to  fill  them  with  terror,  and  to  withdraw  to  Rome  and  to 
our  people.  May  our  dwellings,  our  temples,  and  our  sacred  offerings  find  favour 
before  yon.  Let  it  appear  that  you  an  my  vroteetors,  the  protectors  of  tne  Roman  peo- 
ple ami  of  my  soldUrs.  If  you  do  l&ts,  Ip&Jge  myself  to  Jifuud  temples^  and  to  i$utu»Us 
games  tM  your  hommtr.**    Ed. 


336  ROMAN  ANTIQUITIES. 

to  have  left  their  shrines,  Virg.  Mn.  ii.  351.  For  this  reason,  tbo 
Romans  are  said  to  have  kept  secret  their  tutelary  god,  and  the 
Latin  name  of  the  city,  Plin,  iii.  5.  s.  9.  xxviti.  2.  s.  4.  MacrohSxx.  9. 
l*he  form  of  .a  surrender  we  have,  Ltr.  i.  38.  Plant.  Amph.  i.  1. 
71  &  102.  and  the  usual  manner  of  plundering  a  city  when  taken» 
Polyb.  X.  16. 

NAVAL  AFFAIRS  OF  THE  ROMANS. 

Navigation  at  first  Was  very  rude,  and  the  construction  of  ves- 
sels extremely  simple.  The  most  ancient  nations  used  boats  made  of 
trunks  of  trees  hollowed  {tx  singtxlis  arboribus  cavatis^)  Virg.  G.  126. 
SM2.  Plin.  xvi.  41.  Liv.  xxvi.  26.  called  Alvei,  lintres,  scaph^e 
vel  MONOXVLA,  Paterc,  ii.  107.  Ovid,  Fast.  ii.  407.  Liv.  i.  4.  xxv. 
3.  Plin.  vi.'23.  Strab.  iii.  155.  or  composed  of  beams  and  planks 
fastened  together  with  cords  or  wooden  pins  called  RATES,  Festus  ; 
or  of  reeds,  called  C  anna,  Juvenal,  v.  89.  or  partly  of  slender  planks 
{carina  ac  statumina,  the  keels  and  ribs,  ex  levi  materia^)  and  partly 
of  wicker  hurdles  or  basket  work,  {reliquum  corpus  navium  viminibut 
contextum,)  and  covered  with  hides,  as  those  of  the  ancient  Britons, 
CcBs.  B.  6.  i.  54.  Lucan.  iv.  131.  and  other  nations,  Herodot.  i.  194. 
Dio.  xlviii.  18.  hence  called  Navigia  vitilia  corio  circumstUa^  Plin. 
iv.  16.  vii.  56.  and- nav^^  sulileSf  xxiv.  9.  s.  40.  in  allusion  to  which , 
Virgil  calls  the  boats  of  Chapon 'Cym6a  sutilis^  Mn.  vi.  414.  8ome> 
what  similar  to  the  Indian  canoes,  which  are  made  of  the  bark  of 
trees  ;  or  to  the  boats  of  the  Icelanders  and  Esquimaux  Indians^ 
which  are  made  of  long  poles,  placed  crosswise,  tied  together  with 
whale  sinews,  and  covered  with  the  skins  of  sea  dogs,  sewed  with 
sinews  instead  of  thread. 

The  Phoenicians,  or  the  inhabitants  of  Tyre  and  Sidon,  are  said  to 
have  been  the  first  inventors  of  the  art  of  sailing,  as  of  letters  and 
astronomy,  Plin.  v.  12.  For  Jason,  to  whom  the  poets  ascribe  it, 
Ovid.  Met.  vi.  vers.  uit.  et  Amor.  ii.  11.  1.  Lucan,  iii.  194.  and  the 
Aigonauts,  who  first  sailed  under  Jason  from  Greece  to  Colchis  in 
the  ship  Argb,  in  quest  of  the  golden  fi^ece,  that  is,  of  commerce^ 
flourished  long  after  the  Phoenicians  wSfc^ a  powerful  nation.  But 
whatever  be  in  this,  navigation  certainly  received  from  them  its 
chief  improvements. 

The  invention  of  sails  is  by  some  ascribed  to  iEolus,  the  god  of  the 
winds,  Diodor,  v.  7.  and  by  others  to  Daedalus ;  whence  he.  is  said 
to  have  flown  like  a  bird  through  the  air,  Virg.  ASn.  vi.  15. — They 
seem  to  have  been  first  made  of  skins,  which  the  Veneti,  the  people 
of  Vienne  in  Gaul,  used  even  in  the  time  of  Caesar,  B.  G.  iii.  13.  af- 
terwards of  flax  or  hemp ;  whence  lintea  and  carbasa,  (sing,  -us,)  are 
put  for  velttf  sails.  Sometimes  cloths  spread  out  were  used  for  sails. 
Tacit.  Annal.  ii.  24.  Hist.  v.  23.  Juvenal,  xii.  66. 

It  was  long  before  the  Romans  paid  any  attention  to  naval  affairs. 
Tiiey  at  first  had  nothing  but  boats  made  of  thick  planks  (ex  taimlis 
crassioribus,  Fcstus,)  such  as  they  used  on  the  Tiber,  called  Naves 


NAVAL  AFFAIRS,  &e.  337 

Caudicasix  ;  whence  Appius  Claudius,  who  first  persuaded  them  to 
fit  out  a  fleet,  A.  U.  489.  got  the  surname  of  Caudbx,  Senec.  de  brev. 
9t/<e,  13.  riarr.  de  Fit,  Rom.  11.  They  are  said  to  have  taken  the 
model  of  their  first  ship  of  war  from  a  yessel  of  the  Carthaginians, 
which  happened  to  be  stranded  on  their  coasts,  and  to  have  exercis- 
ed their  men  on  land  to  the  management  of  ships,  Poiyb.  i.  20  d&  21. 
But  this  can  hardly  be  reconciled  with  what  Polybius  says  in  other 
places,  nor  with  what  we  find  in  Livy  about  the  equipment  and  ope- 
rations of  a  Roman  fleet,  Liv.  ix.  30.  38.  Their  first  ships  of  war 
were  probably  built  from  the  model  of  those  of  Antium^  which,  after 
the  reduction  of  that  city,  were  brought  to  Rome,  A.  U.  417.  Liv. 
viiL  14.  It  was  not,  however,  till  the  first  Punic  war  that  they 
made  any  figure  by  sea.* 

Ships  of  war  were  called  NAVES  LONGiE,  because  they  were 
of  a  longer  shape  than  ships  of  burden,  {navts  ONERARIiE.  iXxa^e;, 
whence  hulks ;  or  barca^  barks,  isidor,  six.  1.)  which  were  more 
round  and  deep,  Ccbs.  B.  G.  iv.  20.  v.  7.  The  ships  of  war  were 
moved  chiefly  by  oars,  the  ships  of  burden  by  sails,  C<2».  B.  6.  iv. 
25.  Cic.  Fafn.  xii.  15.  and  as  they  were  more  heavy  (graviores),  and 
sailed  more  slowly,  they  were  sometimes  towed  {remulco  tracta)  af- 
ter the  war  ships,  lAv,  xxxii.  16. 

Their  ships  of  war  were  variously  named  from  their  rows  or  ranks 
of  oars  {ab  ordinibus  remorum).  Those  which  had  two  rows  or  tiers 
were  called  BirSmes^  {Dicrota^  Cic;  Att.  v.  ILxvi.  4  vel  Dicrota, 
Hirt  B.  Alex.  47.)  three,  trirlmts  ;  four,  quadriremes  ;  five,  jut/i- 
quertnuM  vel  penleres. 

The  Romans  scarcely  had  any  ships  of  more  than  five  banks  of  oars ; 
and  therefore  those  of  six  or  seven  banks  are  called  by  a  Greek  name, 
Htxlrts,  Hepleres,  Liv.  xxxvii.  23.  and  above  that  by  a  circumlocu- 
tion, naveSf  octo^  novem,  decern  ordinum,  vel  versuum,  Flor.  iv.  1 L 
Thus  Livy  calls  a  ship  of  sixteen  rows,  {hc)ca^liwngnCf  Polyb.)  navis  tn- 
gtnti$  magnitudinis,  quam  sexdecim  versus  remorum  agebani^  Liv, 
xlv.  34   This  enormous  ship,  however,  sailed  up  the  Tiber  to  Rome, 

Jbid. The  ships  of  Antony,  (which  Florus  says  resembled  float- 

ioff  castles  and  towns,  iv.  11.  4.  Virgil,  floating  islands  or  mountains, 
j£a.  viii.  691.  So  Dio.  1.  33.)  had  only  from  six  to  nine  banks  of 
oars,  Flor.  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  they  were  placed  above 
one  another  in  difierent  stage?  or  benches  {in  translris  vel  jugis)  on 
one  side  of  the  ship,  not  in  a  perpendicular  line,  but  in  the  form  of  a 
quincunx.  The  oars  of  the  lowest  bench  were  short,  and  those  of  the 
other  benches  increased  in  length,  in  proportion  to  their  height  above 
the  water.  This  opinion  is  confirmed  by  several  passages  in  the 
classics,  Firg.  Mn.  v.  1 19.  Lucan.  iii.  536.  Sil.  Italic,  xiv.  424.  and 
by  the  representations  which  remain  of  ancient  galleys,  particularly 

*  The  first  naval  victory  mentioned  as  obtained  by  the  Rooians,  was  that  In  which 
300  sail  of  the  Romans  defeated  a  superior  force  of  the  Carthaginians,  A.  U.  C.  497. 

£0. 

43 


338  ROMAN  ANTIQUITIES. 

that  on  Trajan's  pillar  at  Rome.    It  is,  however,  attended  with  ^- 
ficulties  not  easily  reconciled.* 

There  were  three  different  classes  of  rowers,  whom  the  Greeks 
called  ThravlUiB^  Zeugita^  or  Zeugioi,  and  Thalamit€B^  or  -tot,  from 
the  different  parts  of  the  ship  in  which  they  were  placed.  The  first 
sat  in  the  highest  part  of  the  ship,  next  the  stem ;  the  second,  in  the 
middle ;  and  the  last  in  the  lowest  part,  next  the  prow. — Some  think 
that  there  were  as  many  oars  belongins  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  ship  is  said  to 
have  banks  ;  and  some  reckon  the  number  of  banks  by  that  of  ours 
on  each  side.  In  this  manner  they  remove  the  difficulty  of  suppo- 
sing eight  or  ten  banks  of  oars  above  one  another,  and  even  forty  ; 
for  a  ship  is  said  by  Plutarch  and  Athenseus,  to  have  been  built  by 
Ptolemy  Philopator  which  had  that  number :  So  P/tn.  vii.  56.  But 
these  opinions  are  involved  in  still  more  inextricable  difficulties. 

Ships  contrived  for  lightness  and  expedition  {navts  ACTUARL£) 
had  but  one  rank  of  oars  on  each  side,  {aimplice  ordine  agebanturf 
fMui|(ffi(^  Tacit.  Hist.  V.  23.)  or  at  most  two,  C<bs.  fi.  G.  v.  I.  Lucan. 
iii.  534.  They  were  of  different  kinds,  and  called  by  various  names ; 
as,  Celdcesj  i.  *e.  naves  cdtrts  vel  cursimcs^  Lembij  Phaslli^  Afyi^rth 
neSf  Ac  Cic.  et  Liv.  But  the  most  remarkable  of  these  were  the 
naves  LIBURNiS,  Horat.  Evod.  i.  1.  a  kind  of  li^ht  galleys,  used  by 
the  Libumi,  a  people  of  Dalmatia  addicted  to  piracy.  To  ships  of 
this  kind  Augustus  was  in  a  great  measure  indebted  for  his  victory 
over  Antony  at  Actium,  Dio.l.  29.  32.  Hence,  after  that  time,  the 
name  of  naves  LIBURN^  was  given  to  all  light  quick-sailing  ves- 
sels, and  few  ships  were  built  but  of  that  construction,  Veget.  iv.  33. 

Ships  were  also  denominated  from  the  country  to  whi<£  they  be- 
k>n^,  Cas.  B.  Q.  iii.  5.  Cic.  Verr.  v.  33.  and  the  various  uses  to 
which  thev  were  applied;  as.  Naves  Mercatobls, /nimenfarus, 
vinaruB^  olearice;  PiscATORLfi,  Liv.  xxiii.  1.  vel  /cntincu/t,  fishing- 
boats,  C(BS.  B.  C.  ii.  39.  SPEuui.ATORiiB  et  exploratorict^  spy-boats^ 
Iav.  XXX.  10.  xxxvi.  42.  Piratica  vel  predatoriie,  Id.  xxxiv.  32.  36. 
Htppaooojb  vel  Ifyppagines,  for  carrying  horses  and  their  riders, 
Iav.  xliv.  28.  Oell.  x.  25.  Festus.  Tabellarijb,  message-boats,  Se- 
nec.  Epist.  77.  Plaut.  ML  Qlor.  iv.  I.  39.  Vectorijb  oraves^dx, 
transports  and  ships  of  burden ;  Annotina  privatcsque^  built  that  or 
the  former  year  for  private  use :  some  read  annonarim^  i.  e.  for  car- 
rying provisions,  Cas.  B.  G.  v.  7.  Each  ship  had  its  bng-boat  j<Mn- 
ed  to  It,  (cym6tt/<B  onerariis  adharescebant,)  Plin.  Ep.  8.  §d. 

A  larae  Asiatic  ship  among  the  Greelu  yma  called  Cbrcurus, 
Ptaut.  Merc.  i.  1.  86.  Stick,  ii.  2.  84.  iii.  1.  12.  it  is  supposed  from 
the  island  of  Corcyra ;  but  Pliny  ascribes  the  invention  of  it  to  the 
Cyprians,  vii.  56. 

*  The  late  British  Gen.  Stewart,  in  a  publication  on  this  sobject,  has  endeaFonr- 
•d  to  show  the  form  and  management  of  the  Roman  ships ;  and  by  comparing  the 
representation  on  Trajan's  pillar  with  the  descriptions  to  be  found  in  the  classics,  has 
cleared  up  many  of  these  difficulties.  According  to  him,  the  sides  of  their  vessel 
formed  an  nagle  of  46  degrees  with  the  rarfaee  of  the  water,  Zeugitss. 


NAVAL  AFFAIRS,  &c.  339 

Galleys  kept  by  princes  and  great  men  for  amusennent,  were  call- 
ed by  various  names  ;  Triremes  cereta  vel  ceraict,  lusoricB  et  cubiculata 
vel  thalamegi^  pleasure-boats  or  barges,  Senec,  de  ben.  vii.  20.  SueU 
Ca$,  52.  privet^  i.  e.  propria  et  non  meritoriaf  one's  own,  not  hired, 
Harat.  Ep,  i.  1.  92.  sometimes  of  immense  size,  Deceres  vel  dectm" 
remeSf  Suet.  Cal.  37. 

Each  ship  had  a  name  peculiar  to  itself  inscribed  or  painted  on  its 
prow:  thus,  Pristis,  Sctixa,  Cbntaurus,  &c.  f^irg.  JEn,  v.  116* 
dec  called  PARASEMON,  its  sisn,  HerodoL  yiii.  o9.  Liv.  xzxyii. 
29.  or  INSIGNE,  Tacit.  Jinn.  vi.  34.  as  its  tutelary  god  {tutela  vel 
tuielare  numen)  was  on  its  stem,  Ovid.  Trist.  i.  el,  3.  v.  110.  et  el.  9. 
V.  I.  Herod.  xvL  112.  Pers.  vl  30.  Sil.  Ital.  xiv.411.  439.  whence 
that  part  of  the  ship  was  called  TUTELA  or  Cautelat  and  held  sa- 
cred by^  the  mariners,  Lucan.  iii.  50L  Senec.  Epist.  76.  Petron-  c. 
105.  There  ftupplications  and  treaties  were  made,  Hv.  xxx.  36. 
Sil.  Hal.  jjH.  76. 

lo  some  ships,  the  iutela  and  «ra^t|fMv  were  the  same,  Serv.  ad 
Virgil.  JEn.  v.  116.  Act.  Apost.  xxviii.  11, 

Ships  of  burden  used  4o  have  a  basket  suspended  to  the  top  of 
their  mast  as  their  sign,  {pro  Wgno,)  hence  they  were  called  Corbi- 
Tii,  FeiluB.  Cic.  Alt.  xvi.  o.  Plaut.  rem.  iiL  1.  4  &  40. 

There  was  an  ornament  in  the  stem  and  sometimes  on  the  prow, 
made  of  wood  like  the  tail  of  a  fish,  called  APLUSTRE,  vel  plun 
•ta,  from  which  was  erected  a  staff  or  pole  with  a  riband  or  streamer 
(fascia  vel  tania)  on  the  top,  Juvenal,  x.  136.  Lucan.  iii*  671. 

The  ship  of  the  commander  of  a  fleet  {navis  pratoria)  was  distin- 
guished by  a  red  flag,  {vexillum  vel  velum  purpureum,)  Tacit.  Hist. 
V.  22.  Plin.  xix.  1.  Uses.  B.  C.  ii.  6.  and  by  a  light,  Flor.  ir.  8.  Virg. 
^n.  iu  256. 

The  chief  parts  of  a  ship  and  its  appendages  were,  CARINA,  the 
keel  or  bottom ;  Statumina^  the  ribs,  or  pieces  of  timber  which 
strengthened  the  sides ;  PRORA,  the  prow,  or  fore-part ;  and  PUP- 
PIS,  the  stem  or  hind-part ;  ALVEUS,  the  belly  or  tiold  of  the  ship ; 
SENTINA,  the  pump,  Cas*  B.  C.  iii.  25.  or  rather  the  bilge  or  bot* 
torn  of  the  hold,  where  the  water,  which  leaked  into  the  ship,  re- 
mained till  it  was  pumped  out;  (donee per  AtiTUAu  exhauriretur^) 
Cic  Fam.  ix.  13.  Sen.  6.  Martial,  ix.  19.  4.  Suet  Tib.  51.  or  the 
bilge-water  itself,  Juvenal,  vi.  90.  properly  called  nautea,  Plaut. 
Asin.  V.  2.  44.  Nonius.  1.  25.  In  order  to  keep  out  the  water,  ships 
were  besmeared  with  wax  and  pitch ;  hence  called  ckratjb,  Ovid. 
Her.  V.  42. 

On  the  sides  {lalera)  were  holes  {foramina)  for  the  oars,  (REMI, 
called  also  by  the  poets  tonsce  ;  the  broad  part  or  end  of  them,  pal* 
mOf  vel  palmula ;)  and  seats  {sedilia  vel  transtra)  for  the  rowers, 
(behiges.) 

Each  oar  was  tied  to  a  piece  of  wood,  {paxillus  vel  lignum  teres,"! 
called  SCALMUS,  by  thongs  or  strings,  called  Stroppi  vel  strvppi, 
Isid.  xix.  4.  hence  scalmus  is  put  for  a  boat,  Cic.  Off.  iii.  14.  Jfavi' 
cula  duorum  scalmorum^  a  boat  of  two  oars,  Cic.  Or€U*  iu  34.    Aclu- 


y 


S40  ROMAN  ANTIQUITIES. 

ariat  sc.  navis,  decern  icalmxs^  Id.  Att.  xvL  3.  X^uahwr  tcahnorum 
naviSf  Veil.  ii.  43.  The  place  where  tlie  oars  were  pot  when  tM 
rowers  were  done  working,  was  called  Casteria,  PlauU  Ann.  m.  L 
1& 

On  the  stem  was  the  rudder,  ^GUBERNACULUM  ve\  clmmi,) 
and  the  pilot,  (  gubemator)  who  directed  it 

Some  ships  had  two  rudders,  one  on  each  end,  and  two  prowsy  so 
that  they  might  be  moved  either  way  without  turning,  Tacit.  AnndL 
iiL  6.  much  used  by  the  Germans,  Id.  de  Mor.  G.  44.  and  on  the 
Ponius  Euxnuis,  or  Black  Sea,  called  C AMARJS,  Strab.  xi.  496 ; 
because  in  iTswelling  sea  they  were  covered  with  boards,  like  the 
▼aulted  roof  of  a  house,  {camera,)  Tacit.  Hist.  iii.  47.  Gell.  x.  25. 
hence  CamariUB,  the  name  of  a  people  bordering  on  the  Black  Sea, 
EusUtih.  ad  Dionys.  700. 

On  the  middle  of  the  ship  was  erected  the  mast  (MALUS,)  which 
was  raised,  (aitollebaiur  vcl  erigebatur,)  Cic.  Yen*,  v.  34.  when  the 
ship  left  the  harbour,  and  taken  down  (inclinabattir  vel  fponebaitir,) 
'When  it  approached  the  land,  yirg.  Mn.  v.  829.  Lucan.  iii.  45.  the 
place  where  it  stood  was  called  Modiob,  hid.  xix.  2.  The  ships  of 
the  ancients  had  only  one  mast 

On  the  mast  were  fixed  the  sail-yards,  (Antennjb  vel  hrachUi^ 
and  the  sails  (VELA)  fastened  by  ropes  {funes  vel  rudentes.)  hn* 
miltere  mdenUs,  to  loosen  all  the  cordage ;  pandere  vela,  to  spread 
the  sails,  Pliru  Ep.  viii.  4. 

The  sails  were  usually  white,  as  being  thought  more  lucky,  OvidL 
Her.  iL  li.  Catull.  Ixiv.  225.  &c.  sometimes  coloured,  Plin.  xix.  L 
a.  5. 

The  ends  of  the  sail-yards  were  called  CORNUA  ;  from  wfitch 
were  suspended  two  ropes  called  PEDES,  braces,  by  pulling  which 
towards  the  stem,  the  sails  were  turned  to  the  right  or  left.  If  the 
wind  blew  obliquely  from  the  left,  they  pulled  the  rope  on  the  right, 
and  so, on  the  contrary  :  hence  facere  pedetn,  to  trim  or  adjust  the 
sails,  Virg.  Xn,  v.  830.  Obliquai  lavo  pede  carbasa,  turns  tne  sails 
so  as  to  catch  the  wind  blowii^  from  the  ru^ht,  Lucan.  v.  428.  so  o6- 
liqyMi  sinus  in  ventnm,  Virg.  Jcln.  v.  16.  Currere  uiroque  pede^  to 
sail  with  a  wind  right  astern,  or  blowing  directly  from  behind.  Cor* 
tuU.  iv.  21.  In  contrarium  navigate  prolatis  pedidibus^  by  tacking, 
Plin.  ii.  57.  s.  48.  Intendere  brachia  velis,  i.  e.  vela  brachiiSf  to 
stretch  the  sails,  or  to  haul  them  out  to  the  yard-arms,  Virg*  JEn. 
V.  829.  Dare  vela  venlis,  to  set  sail,  Virg.  Mn.  iv.  546.  So  Vela  fa- 
cere^  Cic.  Verr.  v.  34.  or  to  make  way,  Virg.  Mn.  v.  281.  iSuMif- 
cere  ve/a,  to  lower  the  sails,  Sil.  vi.  325.  Ministrare  velis,  vel  -a,  i.  e. 
allendere,  to  manage,  by  drawing  in  and  letting  out  the  opposite 
braces,  (adducendo  et  remittendo  vel  proferendo  pedes,)  Virg.  j£n«  vi 
302.  X.  218.  Velis  remis,  sc  et ;  i.  e.  summa  vi,  manibvs  pedibtu&ue^ 
omnibus  nervis,  with  might  and  main,  Cic.  ad  Q.  Fratr.  ii.  14.  Tii^c. 
iii.  11.  Off.  iii.  33.  but  in  thedast  passage  the  best  copies  have  viris 
equisque  ;  as,  Phil,  viii.  7.  So  remigio  veloque.  Plant.  Asin*  1.  3.  5. 
who  puts  navales  pedes  for  remiges  et  nauta,  Men.  iL  2.  ult^ 


NAVAL  AFFAIRS,  &c.  341 

The  top*iaib  were  called  SUPPARA  velorum^  Lucan.  v.  429.  or 
any  appendage  to  the  main-sail,  Stat,  Silv,  ii.  2.  27.  Sehec,  ep.  77. 

Carina^  puppis^  and  even  Irabs^  a  beam,  are  often  put  by  tne  poets 
for  the  whole  ship ;  but  never  velum^  as  we  use  sail  for  one  slup  or 
many ;  thusi  a  sailf  an  hundred  sail. 

The  rigging  and  tackling  of  a  ship,  its  sails,  saiUyards,  oars,  ropes, 
dec  were  called  Armamenta,  Plant,  Merc,  i,  62.  Hence  arma  is 
put  for  the  sails,  colligere  armajuhet^  i.  e.  vela  contrahere^  Virg.  ^n. 
▼•  15.  and  for  the  rudder,  .spoliata  armis,  i.  e.  clavo,  vi.  353. 

Ships  of  war  (naves  longm  vel  bellica)^  and  these  only,  had  their 
prows  armed  with  a  sharp  beak,  (Rostrum,  ofienetplur,  rostra,) 
Obs.  B.  G.  iii.  13.  Sil,  Ital.  xiv.  480.  which  usually  had  three  teeth 
or  points,  Virg,  Mn,  v.  142.  viii.  690.  whence  these  ships  were 
called  RosTRATA,  and  because  the  beak  was  covered  with  brass, 
^Eratjb,  Ccbs.  B.  C.  ii.  3.  Hgrat,  Od.  ii.  16.  21.  Plin.  xxxii.  1. 
'  Ships  when  about  to  engage,  had  towers  erected  on  them,  whence 
«Cones  and  missive  weapons  were  dischai^ed  from  engines,  Cass,  B, 
6,  iiL  Flor,  iv.  II.  Plin.  xxxii.  1.  Plutarch,  in  Jnt.  called  Pro- 
PiMiif  ACULA,  Flor.  ii.  2.  Horat,  Epod.  i.  2.  hence  turriia  vuppetf 
Virg.  IE»u,  viii.  693.  Agrippa  invented  a  kind  of  towers  whicn  were 
suddenly  raised,  Serv,  in  Virg.  Towers  used  also  to  be  erected  on 
ships  in  sieges,  and  at  other  times,  Liv.  xxiv.  34.  Tacit,  Ann.  xv.  9. 
Sil.  Ital.  xiv.  418. 

Some  ships  of  war  were  all  covered  {teci(B  vel  constratiBf  tareuj^pu- 
m ;  qum  xacoiiufMira,  tabulata  vel  canstrata  hcJfebant,  decks) ;  others 
covered,  {apertce  o^foxroi,  v.  -a,)  Cic.  Att.  v.  11.  12.  vi.  8  &  12.  ex* 
cept  at  the  prow  and  stem,  where  those  who  ibught,  stood,  Iav,  xxx. 
•43.  xxxvi.  42.  Cas.  passim.  Cic,  Verr,  v.  34. 

The  planks  or  platforms  {tabulata)  on  which  the  mariners  sat  or 
passed  Irom  one  part  of  the  ship  to  another,  were  called  FORI,  gang- 
ways, {ab  eo  quod  incessus  ferant,)  Serv,  ad  Virg.  Mn,  iv.  605.  'vi. 
412.  Cic.  Sen.  6,  and  the  heljps  to  mount  on  board.  Pontes  vel  Sca- 
LA  (hrtficd^^i  vel  xKiiMMg),  Virg,  Mn.  x.  288.  654.  658.  Stat,  Silv. 
iii.  2.  55.  Some  take /on  for  the  deck,  (STEGA,  cp.  Plant,  Bacch. 
ii.  3.  44.  Stich.  iii.  1.  12.)  others  for  the  seats.  It  is  at  least  certain, 
they  were  both  in  the  top  of  the  ship,  and  below,  Sil,  xiv.  425.  Lu- 
can. iii..  630.    We  also  find/oru9,  sing.  Gell,  xvi.  19. 

The  anchor,  (ANCHORA,)  which  moored  or  fastened  {fundabat 
vel  aUigabat)  the  ships,  was  at  first  of  stone,  sometimes  of  wood  filled 
with  l€»d,  but  afterwards  of  iron.  It  was  thrown  (jadebah/ar)  from 
the  prow,  Virg,  JEn,  vi.  ult,  by  a.  cable,  and  fixed  in  the  ground, 
while  the  ship  stood  (or,  as  we  say,  rode)  at  anchor,  (dd  anchoram 
vel  in  anchor^  stabat ;)  C®s.  B.  G.  v.  10.  and  raised,  {tollebatur  vel 
vellebatur^  when  it  sailed.  Id.  iv.  23.  sometimes  the  cable  (anchoraU 
vel  cnchora)  was  cut,  {pracidebatur^)  Liv.  xxii.  10.  Cic.  Yen*,  v.  34. 
Thcv  Verieti  used  iron  cnains  instead  of  ropes,  Obs,  B,  G,  iiL  13. 

The  {dummet  for  sounding  depths  {ad  altitudinem  maris  exploram" 
dam)  was  called  BO  LIS  or  Catapirates^  Isid.  xix.  4.  or  Moltbdis, 
-U&i,  as  Gronovius  reads,  ^at.  SUv.  iiL  2. 30. 


342  ROMAN  ANTIQUITIES. 

The  ropes  by  which  a  ship  \f  as  tied  to  land,  were  called  RETI* 
NACULA,  Firg.  JEn.  iv.  580.  or  Or£,  Liv.  xxii.  19.  xxviiL  36.  <« 
simply  FuN£S,  Virg,  JEn.  iii.  639.  667.  Hence  Oram  tolvert^  to 
tet  sail,  Quinctil.  Ep.  ad  Tryph.  &  iv.  %  41. 

The  ancients  had  ropes  tor  girding  a  ship  in  a  storm,  HoraU  Od* 
L  14  Act.  Apost.  xxyiL  17.  which  are  still  used.  They  had  also 
long  poles,  {contif  ptrtica^  sudes  yel  trudes^)  to  push  it  off  rocks  and 
shoals,  Firg.  JEn.  v.  208. 

Sand»  or  whatever  was  put  in  a  ship  to^keep  it  steadyi  waa  called 
8ABURRA,  ballast,  Uv.  xxxvii.  14.  Vwg.  G.  iv.  195. 

Ships  were  built  (mdificabantur)  of  fir,  {abies^)  Virg.  G.  iL  68 ;  of 
alder,  (alnus^  Lucan.  iii.  440  :  whence  alni^  ships,  ii>.  ii.  427  ;)  of 
cedar,  pine,  and  cypress,  Feget.  iv.  34.  bv  the  Veneli  of  oak,  (e« 
ro6ore;)  Cass.  B.  G.  iii.  13.  sometimes  of  green  wood;  satbata 
number  of  ships  were  put  on  the  stocks,  (posita,)  completely  equip- 
ped and  launched,  {instructoi  v.  omatm  armataque  in  aquam  demcim 
rint^)  in  forty-five  days  after  the  timber  was  cut  down  in  the  forest ; 
Uv.  xxviiL  45.  by  Caesar,  at  Aries,  against  the  people  of  Marseillesi 
in  thirty  days,  de  Bell.  Civ.  L  34.    See  Plin.  xvi.  39.  s.  74. 

There  was  a  place  at  Rome  beyond  the  Tiber,  where  ships 
and  were  built,  called  N^vai<u,  plur«  -iunif  the  dock,  Liv.  iiL  i 
ml  14  xl.  51. 

As  the  Romans  quickly  built  fleets,  they  as  speedily  manned  them* 
Freedmen  and  slaves  were  employed  as  mariners  or  rowers,  (nmtia 
▼el  remiges,)  who  were  also  called  Socii  navales,  Liv.  xxi.  49.  5fk 
xxii.  II.  xxvi.  17.  and  Ciassici,  xxvi.  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  with  pio» 
visions  and  pay  for  a  limited  time,  Liv.  xxiv.  ^1.  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  coaslant 
fleets,  there  was  a  separate  kind  of  soldiers  raised  for  the  marine 
service,  {mililes  in  classem  scripU,)  Liv.  xxii.  57.  who  were  called 
CIA8SIARII,  or  Epibata,  Cas.  passim.  Suet.  Galb.  12.  Tacit^  An^ 
nal.  XV.  51 ;  but  this  service  was  reckoned  less  honourable  thanlhal 
of  the  legionary  soldiers,  Suet.  ibid.  Liv.  xxxii.  23.  Tacii.  HiiL  i 
87.  sometimes  performed  by  manumitted  slaves,  Suet.  Aug.  16.  The 
rowers  also  were  occasionally  armed,  Liv.  xxvL  48.  xxxvii.  16» 

The  allies  and  conquered  states  were  in  after  times  bound  to  fur* 
nish  a  certain  number  of  ships  completely  equipped  and  manned, 
dc.^Ferr.  v.  17.  &c.  Liv.  xxxvi.  43.  xlii.  48.  Some  provided  only 
stores,  arms,  tackhng,  and  men,  xxviii.  45.  ' 

Augustus  stationed  a  fleet  on  the  Tuscan  sea  at  Mismum^  where 
Agrippa  made  a  fine  harbour  called  Fortus  Julius,  Suet.  Avg.  16. 
by  joining  the  Lucrine  lake,  and  the  locus  Av  emus  to  \}[s^  bay  of  Ba- 
J8B,  {sinus  BajanuSf  Suet.  Ner.  27.  vel  lacus  Bajantis^  Tacit.  Ann. 
xiv.  4.)  Dio.  xlviii.  .50.  Virg.  G.  ii.  163 ;  and  another  on  the  Ha- 
driatic  at  Ravenna^  Suet.  Aug.  49.  Tacit.  Ann.  iv.  5.  Veget  iv.  31 ; 
and  in  other  parts  of  the  empire,  TacUr.  Hist.  L  5&  ii/  83.  iv«  79* 


NAVAL  AFFAIRS,  icc  343 

aho  on  rirers,  as  the  Rhine  and  Danube,  Tacit.  Anrud.  xii.  30. 
I^or.  iv.  12.  26. 

The  admiral  of  the  whole  fleet  was  called  Dux  prafbctusquis 
CLA8SI8,  Cic.  Ferr.  v.  34.  and  his  ship,  NAVIS  PRiETORIA,  Uv. 
xxix.  25  which  in  the  night-time  had,  as  a  sign,  {signum  noctumum^) 
three  lights,  Ibid. 

At  first  the  consuls  and  praetors  used  to  command  the  fleets  of  the 
republic,  or  some  one  under  them :  as  Lsejius  under  Scipio,  Liv. 
xxviL  42.  X3nx.  25. 

The  commanders  of  each  ship  were  called  NAVARCHI,  Cic. 
Verr.  iii.  80.  v.  24.  or  Trierarchi,  i.  e.  prafecti  triiris  vel  triremis 
naviSf  Cic  Verr.  i.  20.  Tacit.  Hist.  ii.  9.  Suet  Ner.  34.  or  Mao  is- 
TRi  NAViDii,  Liv.  xxix.  25.  The  master  or  proprietor  of  a  trading 
▼essel,  NAUCLERUS,  Plant.  Mil.  iv.  3.  16.  Naviculator,  vel 
•ARios ;  Cic.  Fam.  xvi.  9.  Mt.  ix.  3.  Verr.  ii.  55.  Manil.  5.  vrho, 
when  he  did  not  go  to  sea  himself,  but  employed  another  to  navigate 
his  ship,  was  said  Kaviculariafn  bc.  rem  facere,  Cic.  Verr.  v.  18. 

The  person  who  steered  the  ship  and  directed  its  course  was 
called  GUBERNATOR,  the  pibt,  sometimes  also  Magibter,  Ftrg. 
JEn.  V.  178.  Si/,  iv.  719 ;  or  Kector,  Lucan.  viii.  167.  Virg.  jEn. 
itt.  161.  and  176.  He  sat  at  the  helm,  Cic.  Sen.  6.  on  the  top  of 
the  stern,  dressed  in  a  particular  manner,  Plaut.  Mil.  iv.  4.  41.  45. 
and  gave  orders  about  spreading  and  contracting  the  sails,  {expandere 
▼el  eontrahere  vela,)  plying  or  checking  the  oars,  [incimibere  remis 
vel  eos  inhere,)  &c  Ftrg.  v.  12.  x,  218.  Cic.  Oral.  i.  33.  Att.  xiii.21. 

It  was  his  part  to  know  the  signs  of  the  weather,  to  be  acquainted 
with  ports  and  places,  and  particularly  to. observe  the  winds  and  the 
•taps ;  Ovid.  Met.  iii.  592.  Lucan.  viii.  172.  FtV^.  Mn.  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, 
Horai.  Od.  ii.  16.  3.  and  mthe  day*time  by  coasts  and  islands  which 
they  knew.  In  the  Mediterranean,  to  which  navigation  was  then 
chiefly  confined,  they  could  not  be  long  out  of  the  sight  of  land. 
When  overtaken  by  a  storm,  the  usual  method  was  to  drive  their 
flhips  on  shore,  (m  <erram  ogere  vel  ejicere^)  and  when  the  danger 
^as  over,  to  set  them  afloat  again  by  the  strength  of  arms  and  levers. 
In  the  ocean,  they  only  cruised  along  the  coast. 

*  The  ioTention  of  the  compass  is  usually  ascribed  to  Flaoio  ot^m^fif  or  Jlcote 
Oteio,  a  ITsi^Mftcii,  alioat  the  year  1802 ;  and  hence  it  is,  that  the  territory  of  Ptin- 
€ipaio  (in  the  lunfcdom  of  NapUi,)  where  be  was  born,  has  a  compass  for  its  arms. 
Others  sav,  that  Marcus  Paulius,  a  Venetian,  who  made  a  journey  to  China,  brought 
back  the  invention  with  him  in  1260.  What  confirms  this  conjecture  is,  that  at  first 
they  Oied  the  oompass  as  the  Chinese  still  do  ;  t.  e.  thev  let  it  float  on  a  little  piece 
of  coric.  Instead  of  suspending  it  on  a  pivot.  But  the  Chinese  only  divide  their  com* 
pass  into  24  points,  wnereas  the  Europeans  make  32  divisions. 

FoiuketU  reiates  some  verses  of  Qvoyot  de  Provence^  who  lived  in  France  about  the 
year  1200,  which  seemed  to  msk»  mention  of  the  compass,  under  the  name  of  inari- 
tnUtt,  or  mariMtr'tslime ;  whhsh  show  it  to  have  been  used  in  France  near  a  hundred 
years  before  the  Mehhite  or  Venetian. 

The  French  also  lav  claim  to  the  invention  from  the  Fltur  de  Lys,  wherewith  aH 
JMitlDiis  fUU  diftlDgiiisb  the  N«rth  ppiAt  of  tha  card. 


344  ROMAN  ANTiaUlTIiBS. 

In  some  ships  there  were  two  pilots,  Xlian.  ix.  40.  who  had  aa 
assistant  called  PRORETA,  Plaui.  Rud.  iv.  3.  75.  i.  e.  Cu»io9  U  In- 
tela  prorfBf  who  watched  at  the  prow,  Ovid,  Met.  iii.  617. 

He  who*had  command  over  the  rowers  was  called  HoaTAToa  and 
Pausarios,  (xsXfuci)^,)  Plant.  Merc,  iv.  2.  4.  Stnec.  Ejnat.  56. 
Ovid.  ibid,  or  Portisculus,  Plaut.  Asin.  iii.  1.  15.  Festus  /  which 
was  also  the  name  of  the  staff  or  mallet  with  which  he  excited  or 
retarded  them,  {celtusmata  vel  hortamenta  dabatA  Plaut.  Asin.  iii. 
i.  15.  kid.  Orig.  xix.  12.  He  did  this  also  with  his  voice  in  a  mu* 
sical  tone,  that  the  rowers  might  keep  time  in  their  motions  ;  iServ. 
ad  Virg.  Mn.  iii.  128.  Sil.  v.  360.  yaler.  Flacc.  i.  470.  Martial. 
ill  67.  iv.  64.  Quinctil.  i.  10.  16.  Stat.  Theb.  vi.  800.  Ascon.  in  Ctc. 
divin.  17.  Hence  it  is  also  applied  to  the  commanders,  Dio.  I.  32, 
Those  who  hauled  or  pulled  a  rope,  who  raised  a  weight,  or  the  like, 
called  HELCIARII,  used  likewise  to  animate  one  another  with  a 
loud  cry,  Martial,  ibid,  hence  J^auticus  clamor^  the  cries  or  shouts 
of  the  mariners,  Virg.  JEn.  iii.  128.  ▼.  140.  Lucan.  ii.  688. 

Before  a  fleet  (CLASSIS)  set  out  to  sea  it  was  solemnly  reviewed 
(lustrata  est)  like  an  army ;  Ctc.  Phil.  xii.  3.  prayers  were  made  and 
victims  sacrificed ;  Liv.  xxix.  27.  xxxvi.  42.  Appian,  Bell.  CvOn  ▼. 
Virg.  JEn.  iii.  118.  v.  772.  Sil.  xvii.  48.  The  auspices  were  con- 
salted,  Valer.  Max.  i.  Hor.  Epod.  x.  1.  16.  24 :  and  if  any  unlucky 
omen  happened,  as  a  person  sneezing  on  the  left,  or  swallows  alight* 
ing  on  the  ships,  &c.  the  voyage  was  suspended,  PolytBn.  iiL  10. 
Frontin.  i.  12. 

The  mariners,  when  they  set  sail,  or  reached  the  harbour,  decked 
the  stern  with  garlands,  FfVg.  Xn.  iv.  418.  G.  i.  303. 

There  was  great  labour  in  launching,  {in  deducendo)  the  ships, 
Virg.  JEn.  iv.  397.  for  as  the  ancients  seldom  sailed  in  winter,  their 
ships  during  that  time  were  drawn  up,  (subducta)  on  land,  Horal» 
Od.  i.  4.  2.  Virg.  JEn.  L  555.  and  stood  on  the  shores  Virg.  JBn.  iiL 
135.  177. 

They  were  drawn  to  sea  by  ropes  and  levers,  (vectibus^)  with 
rollers  placed  below,  {cylindris  lignisaue  teretibus  et  rotundis  subject 
ii$y)  called  Palanges,  vel  -gts,  Cces.  b.  C.  ii.  or  8cdtoi.a,  Ibid.  iii. 
34.  and,  according  to  some,  lapsus  rotarum ;  but  others  more  pro- 
perly take  this  phrase  for  rota  labentes,  wheels,  Virg.  JEn.  ii.  236. 

Archimedes  mvented  a  wonderful  machine  for  this  purpose,  called 
Helix,  Athen.  v.  Plutarch,  in  Marcell. — Sil.  Ital.  xiv.  352. 

Sometimes  ships  were  conveyed  for  a  considerable  space  by  land, 
Liv.  XXV.  11.  Sil.  xii.  441.  Suet.  Cal.  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  still  in  use.  Auguabis  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  hides  of 
oxen ;  Dio.  I.  12.  in  like  manner  over  the  isthmus  of  Corinth,  Id. 
Ii.  5.  Strab.  viii.  335.  So  Trajan,  from  the  Euphrates  to  the  Tigris. 
M.  xlviii.  28. 

The  signal  for  embarking  was  given  with  the  trumpet,  Lucan.  ii. 


NAyAL  AFFAIRS,  ice. .  34^ 

€00.  They  endbarked  {camcmdebant)  in  a  certaia  order*  tiie  man- 
naif  first  aod  then  the  soldiers,  Liv*  xxix.  25*  xxii.  16.  They  also 
sailed  in  a  certain  order,  Firg,  Mn*  v.  833.  the  light  vessels  usually 
foremost,  then  the  fleet  or  ships  of  war,  and  after  them  the  ships  of 
burden.    But  this^order  was  often  changed,  Liv.  passim. 

When  they  approached  the  place  of  their  destination,  they  were 
very  attentive  to  the  objects  they  first  saw,  in  the  same  manner  as  to 
omens  at  their  departure,  Virg.  Mn.  iii.  537.  Iav.  xxix.  27.  xxx.  25. 
When  they  reached  the  shore,  {terram  appiderunt,)^  and  landed 
{txposutrunt)  the  troops,  prayers  and  sacrifices  again  were  made» 
lAv.  xxxvii.  14.  47.  • 

'  If  the  country  was  hqstile,  and  there  was  no  proper  harbour,  the^ 
made  a  naval  camp,  {castra  navalia  vel  nautica)  and  drew  up  their 
ships  on  land,  (subducebantf)  Liv.  xxx.  9.  10.  xxiii.  28.  Ces.  B.  6. 
iv.  21.  They  did  so,  especially  if  they  were  to  winter  there,  Liv. 
xxxvi.  45.  xxxviii.  8.  But  if  they  were  to  remain  only  for  a  short 
time,  the  fleet  was  stationed  in  some  convenient  place,  {ad  anchoram 
siabat,  vel  in  siaiiont  tenebatur,)  not  far  from  land,  Liv.  xxxi.  33. 
xxxvii.  15.  xxiv.  17.  Cess.  B.  C.  iii.  6.  iv.  21.  B.  Alex.  25. 

Harbours  (PORTUS)  were,  strongly  fortified,  especially  at  the  en-, 
trance,  {adiius  vel  introiius ;  os^  ostium^  vel  fauces^)  Yirg.  ^n.  i« 
404.  Cic.  et  Liv.  The  two  sides  of  which,  or  the  oi^r*,  were  called 
CORNUA,  Cic.  Jilt.  ix.  14.  Lucan.  ii.  615.  706.  or  BRACHIA, 
Plin.  Ep.  vi.  31.  Suet.  Claud.  20.  Liv.  xxxi.  26:  on  the  extremities 
were  erected  bulwarks  and  towers,  Vitruv.  v.  1 1.  There  was  usual* 
ly  also  a  watch-tower,  (Pharos,  pkir.  •^',)  Ibid,  with  lights  to  direct 
the  course  of  ships  in  the  ni^ht-time,  as.^at  Alexandria  in  Egypt; 
C<ts.  B.  C.  iii.  ull.  Plin.  xxxvi.  12.  at  Ostia  and  Ravenna ;  Ibid,  at 
Capreae,  Brundusiura,  and  other  places,  Suet.  Tib.  74.  Cal.  46.  Stat. 
Sjifh.  iii.  5.  100.  A  chain  was  sometimes  drawn  across  as  a  barrier  or 
boom,  {claustrum^  )  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.  ad  Virs.  .ZBn.  v« 
281.  Liv.  i.  33.  xxvi.  19.  Dionys.  iii.  45.  Ovid  calls  the  seve;i 
mouths  of  the  Nile,  septem  Portus.  Her.  xiv.  107.  Amor,  iu  13.  !()• 
Harbours  made  by  art  {manu  vet  arte)  were  called  Cothoncs,  vel 
-liA,  'OrHrn,  Serv.  ad  Virg.  iEn.  i.  431.  Festus. 

Adjoining  Jto  the  harbour  were  docks  (NAVALIA,  -ium)^  where 
the  ships  were  laid  up,  (subductce^)  careened  and  refitted,  {refectcBf) 
Cic.  Off.  ii.  17.  Liv.  xxxvii.  10.  Ctes.  B.  C.  ii.  3.  4.  Firg.  iv.  593. 
Ovid.  Amor.  ii.  9.51. 

Fleets  about  to  engage  were  arranged  in  a  manner  similar  to  ar- 
mies on  land.  Certain  ships  were  placed  in  the  centre,  (medic^aciea^) 
others  in  the  righi  wing,  {dextrum  cornu,)  and  others  in  the  left ;  some 
as  a  reserve,  {subsidiumt  naves  subsidiaries,)  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 ;  J^olyb.  i.  Poluoin. 
iii.  Thucyd.  ii.  biit  most  frequently  in  that  of  a  semicircle  or  naif- 
moon,  Keget.  iv.  45.  SU.  xiv.  370. 

44 


846  ROMAN  ANTIQUITIES. 

Before  the  battle,  sacrifices  and  prayers  were  made  as  on  land ; 
the  admiral  sailed  round  the  fieet  in  a  light  galley,  (navit  actuarial) 
and  exhorted  the  men. 

The  soldiers  and  sailors  made  ready  {se  expediebant)  for  action ; 
they  furled  the  sails  and  adjusted  the  rigging ;  for  they  never  chose 
to  fight  but  in  calm  weather,  lAv.  xxvi.  39. 

A  red  flaff  was  displayed  from  the  admiral's  ship,  as  a  signal  to 
engage.  The  trumpets  in  it  and  in  all  the  other  ships  were  sounded, 
Sil.  xiv.  373.  and  a  shout  raised  by  all  the  ^rews,  Lucan.  iii.  540. 
Dio.  xlix.  9. 

The  combatants  endeavoured  to  disable  or  sink  the  ships  of  the 
enemy,  by  sweeping  off  (detergendo)  the  oars,  or  by  strikmg  them 
with  their  beaks,  chiefly  on  tl^  sides,  Dio.  1.  29.  They  grappled 
with  them  by  means  of  certain  machines  called  crows,  (CORVI), 
iron  hands  or  hooks,  (feerba  hanus,)  Lucan.  iii.  635.  drags  or 
grappling  irons,  (harpaoonbs,  i.  e.  asstres  ftrreo  unco  prt^xi^)  dec 
and  fou^t  as  on  land,  Flor.  ii.  3.  liv,  xxvi.  39.  xxx.  10^  Cobs,  JB. 
G.  u  53.  Curt  iv.  9..  Lucan,  xi.  713.  Dio.  xxxix.  48. — ^xlix.  1.  3. 
&c.  They  sometimes  also  employed  fire  ships,  Hirt.  B.  Alex.  11. 
or  threw  fire-brands,  and  pots  full  of  coals  and  sulphur,  with  various 
other  combustibles,  Stujfpea  fiamma  manu^  teliaque  volatile  ferrum 
spargituTf  Vii^.  Mn.  viii.  694.  which  were  so  successfully  employed 
by  Augustus  at  the  battle  of  Actium,  that  most  of  Antony  s  fleet 
was  therebv  destroyed,  Dio.  1. 29.  34  and  35.  Hence  Vix  una  sos^ 
pes  navis  ab  ignibusj  Herat*  Od.  i.  37.  13. 

In  sieges  they  joined  vessels  •together,  and  erected  on  them  va- 
rious engines.  Curt.  iv.  13,«iitv/xxiv.  34.  xxvi.  36.  Ccbs.  B.  C.  iii.  34 
or  sunk  vessels  to  block  up  their  harbours,  Ibid,  ei  Liv.  xxxv.  IL 
14 

The  ships  of  the  victorious  fleet,  when  they  returned  home,  had 
their  prows  decked  with  laurel,  and  resounded  with  triumphant  music, 
Dio.  Ii.  5. 

-  The  prizes  distributed  after  a  victory  at  sea  were  much  the  same 
as  on  land.  (See  p.  334.)  Also  naval  punishments,  pay,  and  pro- 
visions, &C.  Liv.  xxiii.  31.  48. 

The  trading  vessels  of  the  ancients  were  in  general  much  inferior 
in  size  to  those  of  the  modems.  Cicero  mentions  a  number  of  ships 
of  burd^,  none  of  which  was  below  3000  amphora  (cuartcm  minor 
mUla  erat  dudm  millium  amphordm^)  i.  e.  about  fifty-six  tons,  which 
he  seems  to  have  thought  a  lai^e  ship,  Cic.  Fam.  xii.  15.  There 
were,  however,  some  ships  of  enormous  bulk.  One  built  by  Ptole- 
my is  said  to  have  been  380  cubits,  i.  e.  430  feet  long,  and  another 
300  feet ;  the  tonnage  of  the  former,  7183,  and  of  the  latter,  3197, 
Athenwus.  The  ship  which  brought  from  Egypt  the  great  obelisk 
that  stood  in  the  Circus  of  the  Vatican  in  the  time  of  Caligula,  be- 
sides the  obelisk  itself,  had  1 30,000  modw  oflenies,  lentiles,  a  kind  of 
puke,  for  ballast,  about  1 138  ton,  Plin.  xvi,  40.  s.  76. 


THE  ROMAN  DRESa  347 


CUSTOMS  or  the  ROMANS. 
I.  The  ROMAN  DRESS. 


Thb  disUnguishiiig  part  of  th^  Roman  dress  was  the  TOGA  or 
gown,  as  that  of  the  Greeks  was  the  Pallium,  Suet.  Aug.  98.  and  of 
the  Gads,  Bracca^  breeches ;  Suel.  Jul.  80.  Claud.  15.  Plin.  Epist. 
IT.  11.  whence  the  Romans  were  called  GENS  TOGATA,  Virg. 
Mn.  L  286.  Suet.  Aug.  40.  or  TOGATJ,  Ctc.  Rose.  Am.  46.  Vtrr. 
i.  29.  iL  62.  Orat.  I  24.  iii.  11.  Sallusi.  Jug.  21.  TaciL  Hist.  ii.  20. 
and  the  Greeks,  or  in  general  those  who  were  not  Romans^  PALLl* 
ATI,  Suet.  C€ss.  4. 8.  Cic.  Rabir.  Post.  9.  Phil.  t.  5.  also,  Gallia  Cis^ 
alpinaf  when  admitted  to  the  rights  of  citizens,  were  called  To^ata^ 
Cic.  Phil.  viiL  9.  Hence  also  FabtUa  Togata  et  Ptdliata.  As  the 
toga  was  the  robe  of  peace,  togati  is  often  opposed  to  armaHf  lAy. 
iii.  10.  50.  iv.  10.  Cic  Caecin.  15.  Off.  i.  23.  Pis.  3.  and  as  it  was 
chiefly  worn  in  the  city,  (ibi  sc.  rure,  nulla  necessitas  toga^  Plin.  Ep. 
▼.  6.)  it  is  sometimes  opposed  to  Rustici,  Plin.  vi.  30. 

The  Romans  were  particularly  careful,  in  foreisn  countries,  al« 
ways  to  appear  dressed  in  the  toga  ;  Cic.  Rabir.  10.  out  this  was  not 
always  done.  Some  wore  the  Greek  dress ;  as  Scipio  in  Sicily, 
Tac.  Ann.  ii.  59.    So  the  emperor  Claudius  at  Naples,  Dio.  Ixti.  6. 

The  TOGA  (a  tegendo,  quod  corpus  tegat,  Varro)  was  a  loose 
(laxa)  flowing  (fluitans)  woollen  robe,  which  covered  the  whole  bo- 
dy, round  and  close  at  the  bottom,  (ab  tmo,)  but  open  at  the  top 
down  to  the  ^rdle,  {ad  cincturam,)  without  sleeves ;  so  that  the  right 
arm  was  at  liberty,  and  the  left  supported  a  part  {lacinia,  a  flap  oi 
lappet)  of  the  toga,  which  was  drawn  up  (subducebatur)  and  thrown 
back  over  the  left  shoulder,  and  thus  formed  wha^  was  called  SI- 
NUS, a  fold  or  cavity,  upon  the  breast,  in  which  things  might  be 
carried,  Plin.  xv.  18.  Oell.  iv.  18.  and  with  which  the  face  or  head 
might  be  covered.  Suet.  Jul.  82.  lAv.  viii.  9.  Hence  Fabius,  the 
Roman  ambassador,  when  he  denounced  war  in  the  senate  of  Car- 
thage, is  said  to  have  poured  out,  {sinum  effudissct)  Liv.  xzi.  18.  or 
shaken  out  the  lap  of  his  toga^  (excussisse  toga  gremium,)  Flor.  ii.  6. 
Dionysius  says,  the  form  of  the  toga  was  semicircular,  iii.  61. 

The  toga  in  latter  times  had  several  folds,  but  anciently  few  or 
none,  {veteribus  nulli  sinus^)  Quinctilian.  xi.  3.  These  folds,  when 
collected  in  a  knot  or  centre,  Virg.  JEn.  i.  324.  were  called  UMBO^ 
which  is  put  for  the  loga  itself,  Pers.  v.  33. 

When  a  person  did  any  work,  he  tucked  up  {succingebat)  his  ioga^ 
and  girded  it  {astringebat)  round  him :  hence  Accingtrt  fe  opeti  vel 
ad  opus,  or  oftener,  in  the  passive,  accingi,  to  prepare,  to  make  ready. 

The  toga  of  the  rich  and  noble  was  finer  and  laiger  {laxior)  than 
that  of  the  less  wealthy,  Horat.  Epod.  iv.  8.  Epist.  i.  18.  30.  A  new 
toga  was  called  Pexa  ;  when  old  and  threadbare,  trita,  Id.  £p.  i.  95u 
Martial,  ii.  58. 

The  Romans  were  at  great  pains  to  adjust  (componere)  the  tqga^ 


348  ROMAN  ANTIQUITIES. 

that  it  might  sit  properly,  (ne  impar  dissiderit,)  and  not  draggle  (nee 
deflueret,)  Horat.  Sat.  ii.  3.  77.  i.  3.  31.  Epist.  i.  1.  95;  Quinctii.  xi. 
3.  Macrob.  Sat.  ii.  9. 

The  form  of  the  toga  was  different  at  different  tiroes.  The  Ro* 
mans  at  first  had  no  other  dress,  Gtll,  vii.  12.  It  was  then  straight 
(arcta)  and  dose ;  it  covered  the  arms,  and  came  down  to  the  keU 
Quinctii,  ibid* 

The  toga  was  at  first  worn  by  women  as  well  as  men.  But  after* 
wards  matrons  wore  a  different  robe,  called  STOLA,  with  a  broad 
border  or  fringe  (limbus)  called  INSTITA,  Horat.  Sat.  i.  2.  29. 
reaching  to  the  feet,  Ovid.  Art.  Am.  i.  32.  TibulL  i.  7.  74  (whence 
instUa  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  stola  like  a  surtout,  a  mantle,  or  cloak,  called  PALLA  or  Pe- 
plus^  Hor.  ib.  99.  But  the  old  scholiast  on  Horace  makes  palla  here 
the  same  with  instita^  and  calls  it  Peripodium^  and  Tlmica  pallium. 
Some  think  that  this  fringe  constituted  the  only  distinction  between 
the  Btola  and  toga.  It  is  certain,  however,  that  the  outer  robe  of  a 
woman  was  called  Palla,  Virs.  wS^.  i.  648.  xi.  576.  (quod  palam  tt 
forts  gertbdtur,)  Varr.  de  Lat.  ling.  iv.  30. 

Courtesans,  and  women  condemned  for  adultery,  were  not  per- 
mitted to  wear  the  stola ;  hence  called  Tooata,  Horat.  Sat.  L  3. 
82.  Juven.  ii.  70.  Martial,  ii.  39.  vi.  64.  x.  52.  Cic.  PhU.  u.  la 
and  the  OKxlesty  of  matrons  is  called  Stolatus  pudor^  Mart.  i.  36.  8. 
There  was  a  fine  robe  of  a  circular  form  worn  by  women»  called 
Ctclas,  -arftV,  Juvenal,  vi.  268.  Suet.  Cal.  52. 

None  but  Roman  citizens  were  permitted  to  wear  the  toga;  and 
banished  persons  were  prohibited  the  use  of  it,  Plin.  Epist.  iv.  U. 
Hence  toga  is  put  for  the  dignity  of  a  Roman,  Horat.  Od.  iii.  5.  10. 
The  colour  of  the  toga  was  white,  and  on  the  festivals  they  usually 
had  one  newly  cleaned,  Ovid.  Trist.  v.  5.  7.  hence  they  were  said 
Festos  ALBATi  ceUhrare,  Horat.  Sat.  ii.  2.  61. 

Candidates  for  oflSces  wore  a  toga  whitened  by  the  fuller,  Toga 
Candida. 

The  toga  in  mourning  was  of  a  black  or  dark  colour,  TOGA 
PULLA  vel  atra ;  hence  those  in  mourning  were  called  Pullati, 
Stte^.  Aug.  44.  Juvenal,  iii.  213.  or  AraATi,  Cic.  Fat.  12.  But 
those  were  also  called  Pidlati^  who  wore  a  great-coat  (lacerna)  in- 
stead of  the  toga,  Suet.  Aug.  40.  or  a  mean  ragged  dress,  Plin.  Epist. 
▼ii.  16.  as  the  vul^r  or  poor  people  {pullatvs  circulus,  vel  turba 
pullata^)  Quinctii.  li.  12.  vi.  4. 

The  mourning  robe  of  women  was  called  RICINIUM,  vel  -NUS, 
vel  Rica,  {quod  post  tergtim  rejiceretur,)  which  covered  the  head 
and  shoulders,  Cic.  legg.  ii.  23.  or  Mavortes,  -is,  vel  -ta,  Serv.  in 
Virg.  JEn.  i.  268.  hid.  xix.  25.  They  seem  to  have  had  several  of 
these  above  one  another,  that  they  might  throw  them  into  the  fiine- 
ral  piles  of  their  husbands  and  friends.  The  twelve  tahles  restrict- 
ed the  number  to  three,  Cic.  ibid. 
The  Romans  seldom  or  never  appeared  at  a  feast  in  mourning. 


THE  ROMAN  DRESS.  84» 

etc.  Vat,  12.  nor  at  the  public  spectaeles,  Mart.  iv.  2.  nor  at  festivals 
and  sacrificeSy  Ovid.  Fast.  i.  79.  Horat.  ii.  2.  60.  Per* .  ii.  40. 

At  entertainments,  the  more  wealthy  Romans  laid  aside  the  togaf 
and  pat  on  a  particular  robe  called  Synthesis,  Martial,  v.  80.  ii.  46. 
hr.  66.  which  they  wore  all  the  time  of  the  Saturnalia^  because  then 
they  were  continually  feasting,  Martial,  xit.  1.  141.  Senec.  Epi$t. 
18.    Ner6  wore  it  {synthtsina^  sc.  vestia)  in  common,  Sutt.  51. 

Magistrates  and  certain  priests  wore  a  toga  bordered  with  purple^ 
(limbo  jmrpurto  circumdata,)  hence  called  TOGA  PRJCTEXTA ; 
as  the  superior  magistrates,  Cic.  Red.  in  Sen.  5*  lAv.  xxxiv.  7.  Ju' 
venal,  x.  99.  the  Ponttfic€$,  the  augurs,  Cic.  Sext.  69.  the  Decbm- 
▼iRi  sacris  faciundis^  lAv.  xxvii.  39.  &c.  and  even  private  persons 
when  they  exhibited  games,  Cic.  Pis.  4. 

•   Crenerals  when  they  triumphed  wore  an  embroidered  toga^  called 
ncTA  vel  PALM  ATA,  Martial,  vii.  2,  7. 

Young  men,  till  they  were  seventeen  years  of  aoe,  and  youne' 
ivomen,  till  they  were  married,  also  wore  a  gown  bordered  with 
purple,  TOGA  PRiETEXTA,  Liv.  xxxiv.  7.  Cic.  Ferr.  i.  44. 
Cat.  ii.  2.  Property  iv.  12.  33  :  whence  they  were  called  PRiETEX* 
TATI,  Liv.  xxii.  57.  Cic.  Murcen,  5.  Suet.  Aug.  44.  94.  Hence  ami- 
citia  pratextataf  i.  e.  a  teneris  annt^,  formed  in  ybuth.  Martial,  x.  20. 
But  verba  pralextata  is  put  for  obscana^  Suet.  Yesp.  22.  {qubd  nti- 
htntibus^  depdsitis  prcBtextiSf  a  multitudine  pturorum  obscana  clama* 
rtntur^  Festus,)  Gdl.  ix.  10.  Macrob.  Sat.  iu  1.  and  mores  pratecff' 
tatij  for  impudici  vel  corrupti^  Juvenal,  ii.  170. 

Under  the  emperors,  the  toga  was  in  a  great  measure  disused, 
unless  by  clients  when  they  waited  (officium  faciebant)  on  their  pa- 
trons. Suet.  Aug.  60.  Martial,  i.  109.  ii.  95.  x.  74.  3.  Scholiast,  in 
Juvenal,  x.  45.  and  orators ;  hence  called. Tbga^t,  enrobed,  Senec.  de 
constant.  9.  Tf^cit.  Annul,  xi.-  7. 

Boys  likewise  wore  a  hollow  golden  ball'or  boss  (AUREA  BUL- 
LA,) which  hung  from  the  neck  on  the  breast ;  as  some  think,  in  the 
shape  of  a  heart,  to  prompt  them  to  wisdom ;  according  to  others, 
round,  with  the  figure  of  a  heart  engraved  on  at,  Cic.  Verr.  i.  58.  et 
Ascon*  in  loc.  Liv.  xxvi.  6.  Plaut.  Kud.  iv.  4.  127.  Macrob.  Sat.  u 
6.  The  sons  of  freedmen  and  poorer  citizens  used  only  a  leathern 
boss,  {bulla  scortea^  vel  signum  de  paupere  loro,)  Juvenal,  v.  165. 
Plio.  xxxiii.  1.  Bosses  were  ^also  used  asT  an  ornament  for  belts  or 
girdles,  Virg.  Mn.  xii.  942. 

Yonng  men,  usually,  when  they  had  completed  the  seventeenth 
year  of  their  age,  laid  aside  {ponebant  vel  deponebant)  the  togapra^ 
iexta,  and  put  on  {sumebant  vel  induebant)  the  manly  gown,  (TOGA 
YIRILIS,)  called  Toga  fura,  Cic.  Att.  v.  20.  ix.  19.  because  it  was 

Eurely  white ;  and  libera,  Ovid.  Trist.  iv.  10.  28.  Fast.  iii.  777, 
ecause  they  were  then  freed  from  the  restraint  of  masters,  and  al- 
lowed greater  liberty,  Pers.  v.  30. 

The  ceremony  of  changing  the  toga  was  performed  (toga  mutaia* 
tuT\  Hor.  Od.  i.  36.  9.)  with  great  solemnity  before  the  images  of 
the  Laru ;  Propert.  iy.  132.  to  whom  the  bulla  was  consecrated, 


J 


350.  ROMAN  ANTIQUITIES. 

(laribtu  donata  peptndiQ  Pens*  ibid,  sometimes  in  the  Capitol,  VuU 
Max.  V.  4.  4.  or  they  immediately  went  thither,  or  to  some  temple 
to  pay  their  devotions  to  the  gods,  Sue/.  Claud.  2. 

The  usual  time  of  the  year  for  assuming  the  toga  virilis  was  at  tbe 
feasts  of  Bacchus  in  March,  {Libcralibus,  xii.  KaL  Apr,  Cic  Att.  vu 
I.)  Ovid.  Fast  iii.  771. 

Then  the  young  man  was  conducted  by  his  father  or  principal  re- 
lation to  the  forum,  accompanied  by  his  friends,  Cic.  AU.  ix.  22. 
Suet.  Aug.  26.  Aer.  7.  Tib.  54.  (whose  attendance  was  called  Of- 
FiciUM  soLCiTNB  Toojfi  VIRILIS,  Sutt.  Claud.  2.  P/fK  EpxsL  i.  9«) 
and  there  recommended  to  some  eminent  orator,  whom  he  should 
study  to  imitate  ;  dc.  Am.  1.  Tacit.  Or  at.  34.  whence  he  was  said 
Forum  attingere,  vel  in  forum  venire^  when  he  began  to  attend  to 
pubtie  bunness,  (firtnsia  stipendia  auspicabatur.)  Senec  Controv. 
V.  6.  Cic.  Fam.  v.  8.  xiii.  10.  xv.  16.  This  was  called  Dies  togm 
'vtrilisy  Suet.  Aug.  66.  Cal.  15.  Claud.  2.  or  Dies  tirocinii^  Suet  Tib. 
54.  and  the  conducting  of  one  to  the  forum,  TYROCIN(UM.  icL 
Jug.  26.  Cal.  13.  the  young  men  were  called  TIRONES,  young 
or  raw  soldiers,  because  they  then  first  began  to  serve  in  the  army, 
Cic.  Phil.  xi.  15.  Fam.  vii.  3.  Suet.  Ker.  7.  Liv.  xl.  35.  Hence 
Tiro  is  put  for  a  learner  or  nbvice,  Cic.  Orat.  \.  50.  Ponere  tiroci* 
mum,  to  lay  aside  the  character  of  a  learner,  and  give  a  proof  of 
one's  parts,  to  be  past  his  noviciate,  Liv.  xlv.  37. 

When  all  the  formalities  of  this  day  were  finished,  the  friends  and 
dependents  of  tbe  family  were  invited  to  a  feast,  and  small  presents 
distributed  among  them,  called  SPORTULiE,  Plin.  Ep.  x.  1 17. 1 18. 
The  emperors  on  that  occasion  used  to  give  a  largess  to  the  people, 
(CON6IARIUM ,  so  called  from  congius,  a  measure  of  liquids,) 
Suet.  m.  54.  Tacit.  AnnaL  iii.  29. 

Servius  appointed,  that  those  who  assumed  the  toga  virilis  should 
send  a  certain  coin  to  th^  Temple  of  Youth,  Dvmys.  iv.  15. 

Parents  and  guardians  permitted  young  men  to  assume  (dahani} 
the  toga  virilisy  sooner  or  later  than  the  age  of  seventeen,  as  they 
judged  proper,  Cic.  Att.  vi.  1.  Suet.  Aug.  8.  Cal.  10.  CI.  43.  Jfer.  7. 
under  the  emperors,  when  they  had  completed  the  fourteenth  year. 
Tacit.  Ann.  xii.  41.  xiii.  15.  Before  this,  they  were  considered  as 
part  of  the  family,  {pars  domiis)  afterwards  of  the  state,  {repi4blicaf) 
Tacit,  de  Mor.  Germ.  13. 

Young  men  of  rank,  after  putting  on  the  toga  virilis,  commonly 
lived  in  a  separate  house  from  their  parents.  Suet.  Tib.  15.  DomiL  2. 
It  was,  however,  customary  for  them,  as  a  mark  of  modesty,  during 
the  first  whole  year,  to  keep  (cohibere)  their  right  arm  within  the  *o- 
ga,  Cic  Ccel.  5.  and  in  their  exercises  in  the  Campus  Mxrtxus  never 
to  expose  themselves  quite  naked,  as  men  come  to  maturity  some* 
times  did,  Ibid. 

The  ancient  Romans  had  no  other  clothing  but  the  toga,  Gell.  vii, 
12.,  In  imitation  of  whom,  Cato  used  often  to  go  dressed  in  this  man- 
ner, and  sometimes  even  to  sit  on  the  tribunal,  when  prsetor,  {cam^ 
pestri  sub  toga  cinctus,)  Ascon.  in  Cic.  Val.  Max.  iiL  6.  7^    Hence 


ROMAN  DRESS.  351 

igua  toga  CcUamSf  Hor.  Ep.  i.  19. 13.  hirla^  Lucan.  ii.  386.  because 
it  was  straight  {arcta)  and  coarse,  (crassa  vel  pingtds,)  Horat.  Sat.  i. 
3.  15.  JuvenaL  ix.  28.  Martial,  iv.  19.  Nor  did  candidates  for  offices 
wear  any  thing  but  the  toga. 

The  Romans  afterwards  wore  below  the  toga  a  white  woollen  vest 
called  TUNICA,  which  came  down  a  little  below  the  knees  before, 
and  the  middle  of  the  legs  behind,  QumctU,  xi.  3.  at  first  without 
sleeves.  Tunics  with  sleeves,  (CniRODOTiB  vel  tunica  manicat<Bj)  or 
reaching  the  ankles,  {talarea,)  were  reckoned  effeminate,  Cic.  Cat. 
it.  10.  Virg.  .^Bn.  ix.  616.  Gell.  vii.  1:2.  But  under  the  emperors 
these  came  to  be  used  with  fringes  at  the  hands,  {admanu»fimbriata,) 
from  the  example  of  Ceesar,  Suei.  Jul.  45.  longer  or  shorter  accord- 
ing to  fancy,  Horat.  Sat.  i.  2.  25.  Prop.  iv.  2.  28.  Those  who  wore 
them  were  said  to  be  Manuleati,  Suet.  Cal.  52. 

The  Tunic  was  fastened  by  a  girdle  or  belt  (GINGULUM,  cinctus^ 
•(U,  zoKA  vel  Balteus)  about  the  waist,  to  keep  it  tight,  which  also 
served  as  a  purse  ( pro  marsupio  vel  crumend,)  in  which  they  kept 
their  moa^y,  Gell.  xv.  2.  Plant.  Merc.  v.  2.  84.  Suet.  Vit.  16.  Horat. 
Ep.  ii.  2.  40.  hence  incinctus  ttmicam  mercator,  Ovid.  Fast.  v.  675. 
The  purse  commonly  hung  from  the  neck,  Plant.  TVuc.  iii.  2.  7. 
md  was  said  decolldseej  when  it  was  taken  off;  hence  >decollare^  to 
deceive.  Id.  Cap.  iii.  1.  37. 

It  was  also  thought  effeminate  to  appear  abroad  with  the  tunic 
slackly  or  carelessly  girded :  hence  the  saying  of  Sylla  concerning 
Csesar  to  the  Optimates,  who  interceded  for  his  life>  Ut  male  prje- 
ciNcrOM  ^ERUM  CAVBRENT,  Suet.  Jul.  46.  Dto.  43.  43.  For  this 
iJso  MflBcenas  was  blamed,  Senec.  Ep.  14*  Hence  cinctuSf  prcBcinC' 
-tus  and  succinctus,  are  put  for  industrius,  expedilus^  vel  gnavus^  dili- 
gent, active,  claver,  Horat.  Sat.  i.  5.  6.  ii.  6.  107.  because  they  used 
to  gird  the  tunic  when  at  work,  Id.  Sat.  ii.  8.  10.  Ovid.  Met.  v\.  59. 
and  Discinetns  for  iners^  mollis,  ignavus ;  thus,  Discinctus  nepos,  a 
dissolute  spendthrift,  Hor.  Epod.  i.  34.  So  Pers.  iii.  31.  Discincli 
Afrij  Wts.  Mn.  viii.  724.  effeminate,  or  simply  ungirt ;  for  the 
Africans  did  not  use  a  girdle,  Sil.  iii.  236.  Plant.  Pten.  v.  2. 48. 

The  Romans  did  not  seem  to  have  used  the  girdle  at  home  or  in 
private ;  hence  discincli  ludere,  i.  e.  domi,  with  their  tunics  ungirt, 
Horat.  Sat.  iu  1.  73.  discinctaque  in  olia  nains,  formed  for  soft  re* 
pose :  Ovid.  Amor.  i.  9.  41.  for  they  never  wore  the  toga  at  home, 
but  an  undress,  {vestis  domesttca^  vel  vestimenta,)  Suet  Aug.  73.  Vit. 
8.  Cic.  de  Fin-  ii.24.  Plin.  Ep.  v.  6./.  Hence  the  toga  and  other 
things  which  they  wore  only  abroad  were  called  FORENSIA,  Suet. 
Aug.  74.  Cal.  17.  or  Vestitus  forei^sis,  Cic.  ibid,  and  Vestdm^nta 
roRENSiA,  Columel.  xii.  45.  5. 

The  tunic  was  worn  by  women  as  well  as  men ;  but  that  of  the 
former  always  came  down  to  their  feet,  and  covered  their  aipms,  Jti- 
venal.  vi.  445.  They  also  used  girdles  both  before  and  after  mar« 
ne^,  Festns.  in  Cingdlum  ;  ^Martial,  xiv.  151.  Ovid.  Amor.  i.  7.  46. 

The  Romans  do  not  seem  to  have  used  a  belt  ab<^e  the  toga.  But 
this  point  is  strongly  contested. 


353  ROMAN  ANTIQUITIES. 

Young  men  when  they  assumed  the  ioga  virUis,  and  .women  when 
they  were  married,  received  from  their  parents  a  tunic  wrought  in  a 
particular  manner,  called  TUNICA  RECTA,  or  Rboilla,  Fesius. 
Plin.  viii.  48.  s.  74. 

The  senators  had  a  broad  stripe  of  purple  (or  rather  two  stripes, 
fascicB  vel  plagulm^  Varr.  de  Lat.  ling.  viii.  47.)  sewed  on  the  breasi 
of  their  tunic,  Horat.  SaL  i.  6.  28.  oalled  LATUS  CLAVUS,  Ovid. 
TrisL  iv.  10.  29  &l  35.  which  is  sometimes  put  for  the  tunic  itself. 
Suet.  Jul.  45.  or  the  dignity  of  a  senator,  M  Tib.  35.  Claud.  24. 
Vesp.  2.  4.  The  Equites^  a  narrow  strip,  Angustus  clavds,  Fc//. 
ti.  88.  called  also  Paupea^clavus,  Stai.  Silv.  v.  2.  17.  arctwn  Itimen 
purpura^  lb.  iv.  5.  42. 

Augustus  granted  to  the  sons  of  senator^  the  right  of  wearing  the 
latus  clavusy  after  they  assumed  the  ioga  vtrilis^  and  made  them  tri- 
bunes and  prefects  in  the  army ;  hence  called  Tribuni  et  Prsfec- 
TI  LATiCLAvit,  Suet.  Aug.  38.  Ntr.  26.  Domit.  10.  The  tribunes 
chosen  from  (he  fifuttef  were  called  ANousTicbA  VII,  Suet.  0th.  10. 
Galb.  10.  They  seem  to  have  assumed  XhQ'  togavirilis  and  latus 
clavus  on  the  saiKe  dav,  Plin.  Ep.  viiL  23. 

Generals^in  a  triumph  wore  with  the  toga  picia^  an  embroidered  tu* 
nic,  (tunica  palmata,)  Liv.  x.  7.  Martial,  vii.  1.  Plin.  ix.  36.  s.  60l 
called  also  Tunica  Jovisj  because  the  image  of  that  ffod  in  the  Capi- 
tol was  clothed  with  it,  Juvenal,  x.  38.  Tunics  of  this  kind  used 
to  be  sent  by  the  senate  to  foreign  kings  as  a  present,  Liv.  xxviJ.  4. 
XXX.  15.  xxxi.  11. 

The  poor  people  who  could  not  purchase  a  toga^  wore  nothing  but 
a  tunic  ;  hence  called  Tunicatus  populus  or  popeixus,  Horat.  Ep. 
i.  7,  65.  TxjNicATi,  Cic.  in  Rull.  ii.  34.  Foreigners  at  Rome 
seem  also  to  have  used  the  same  dress ;  (heiice  homo  tunicatuf  is 
put  for  a  Carthaginian,  Plaiit.  Pan.  v.  3,  2.)  and  slaves,  Id.  Amphit. 
L  1.  213.  Senec.  Brev.  vit.  12.  likewise  gladiators,  Juvenal,  ii.  143. 

In  the  country,  persons  of  fortune  and  rank  used  only  the  tunic, 
Juvenal,  iii.  179«  In  winter  they  wore  more  than  one  tunic.  Au- 
gustus used  four,  Suet.  Aug,  82. 

Under  the  tunic,  the  Romans  wore  another  woollen  covering  next 
the  skin  like  our  shirt,  called  INDUSIUM  or  Subucula,  Horat.  Ep. 
L  1.  95.  Suet.  Ibid,  and  by  later  writers,  Interulia  and  Camisia.  Linen 
clothes  (vestes  linece,  Plin.  xii.  6.)  were  not  used  by  the  ancient  Ro- 
mans, and  are  seldom  mentioned  in  the  classics.  The  use  of  linen 
was  introduced  under  the  emperors  from  Egypt,  Piin.  Praf.  whence 
Sindon  vel  vesti»* Bt/sslncSf  fine  linen.  Girls  wore  a  linen  vest  or 
shift  called  Supparum  vel  -u5,  Plaut.  Rud.  i.  2.  91.  Lucan.  ii.  363. 
Festus. 

The  Romans  in  later  ages  wore  above  the  toga  a  kind  of  great- 
coat called  LACERNA,  Juvenal,  ix.  29.  open  before  and  fastened 
with  clasps  or  buckles,  (FIBULiE,  which  were  much  used  to  fasten 
all  the  different  parti^  of  dress,  KiVg.  ^n.  iv.  139.  Ovid.  MH^  viii. 
318.  except  the  toga,)  especially  at  the  spectacles,  Martial,  xrr.  137. 
to  screen  them  from  the  weather,  with  a  covering  for  the  head  and 


THE  ROMAN  DRESS.  S53 

thottlden,  {agntium^  quod  capit  pectifs.  Varr.  L.  L.  it.  30.)  called 
CUCULLUS,  Juvenal,  vi.  1 18. 389.  Martial,  xl  99.  They  used  to 
lay  aside  the  lacema^  when  the  emperor  entered,  Suet.  Claud.  6.  It 
was  at  first  used  only  in  the  army,  Paterc.  ii.  80.  Ovid.  Fast.  ii.  745. 
Prop.  iii.  10.  7.  but  afterwards  also  in  the  city. 

During  the  civil  wars,  when  the  toga  began  to  be  disused,  the  /cr« 
eema  came  to  be  worn  in  place  of  it,  to  such  a  degree,  that  Augus- 
tus one  day  seeing  frorti  his  tribunal  a  number  of  citizens  in  the  as* 
tembly  dressed  in  the  lacema,  ( pullati  vel  lacemati,)  which  was 
commonly  of  a  dark  colour.  Martial,  xiv.  139.  repeated  with  indig- 
nation from  Vii^l,  "  Romanes  rerum  dominos  gentemque  togatvmP^ 
JEn.  i.  282.  and  gave  orders  to  the  ediles  not  to  allow  any  one  to  ap- 
pear in  the  forum  or  circus  in  that  dress,  Suet.  Aug.  40.  Ji  was  on- 
ly used  by  the  men,  Scholiast,  in  Juvenal,  i.  62.  and  at  first  was 
thought  unbecoming  in  the  city,  Cic.  Phil.  ii.  30.  It  was  sometimes 
of  various  colours  and  texture,  Juv^na/.  i.  27.  ix.  28.  Martial,  ii.  19. 
Similar  to  the  lacema  was  the  LiENA,  (x^''^}  &  Grecian  robe 
or  mantle  thrown  over  the  jE>a//tum,  Serv,  ad  Virg.  ^n.  v.  285i.  Pes- 
tus.  Martial,  xii.  36.  xiv.  13.  136. 

The  Romans  had  another  kind  of  great  coat  or  surtout,  resembling 
the  lacerna^  but  shorter  and  straighter,  called  PENITLA,  which  was 
worn  above  the  tunic,  Suet.  J>ttr.  48.  having  likewise  a  hood,  {caput 
▼el  capitium^  Plin.  xxii.  15.  used  chiefly  on  journeys  and  in  the  army, 
Cic.  Att.  xiii.  33.  Mil.  10.  Sexi.  38.  Juv.  v.  78.  Senec.  Ep.  87.  M 
Q.  iv.  6.  also  in  the  city.  Suet.  Cic.  52.  Lamprid.  Alex,  Sev.  27. 
sometimes  covered  with  a  rough  pile  of  hair  for  the  sake  of  warmth, 
called  GAUSAPA,  «/i^.  et  plur.  vel  c ;  Petron.  28.  Ovid.  Art.  Am. 
i.  30J.  Pers.  vi.  46.  or  Gausaptna,  pcmuta.  Martial,  vi.  59.  xiv.  145. 
147.  of  various  colours,  and  common  to  men  and  women.  Ibid. 
sometimes  made  of  skins,  Scortba,  Festus.  Martial,  xiv.  130. 

The  military  robe  of  the  Romans  was  called  8AGUM,  an  open 
woollen  garment,  which  was  drawn  over  the  other  clothes  and  fas- 
tened before  with  clasps  ;  Suet.  Aug,  26.  Sil,  xvii.  531.  in  danger- 
ous conjunctures  worn  also  in  the  city,  by  all,  except  those  of  con- 
sular dignity,  Cic.  Phil.  viii.  11.  as  in  the  Italic  war  for  two  years, 
Liv.  Epit.  72  6c  73.  Paterc.  ii.  16.  Distento  sago  impositum  in  sub'^ 
Unu  jactare^  to  toss  in  a  blanket.  Suet.  0th.  2.  Martial,  i.  4.  7. 

The  Romans  wore  neither  stockings  nor  breeches,  but  used  some- 
times.to  wrap  their  legs  and  thighs  with  pieces  of  cloth,  (FASCIiE',. 
vel  -to/a,  fillets,  bands,  or  rollers,)  named  from  the  parts  which  they 
covered,  TIBIALIA,  and  FEMINALIA,  or  Femorcrtia,  i.  e.  tegvmen- 
ta  libiarum  «</emoruin.  Suet.  Aug.  82.  similar  to  what  are  mention- 
ed, Exod.  xxviii.  42.  Levit.  vi.  10.  xvi.  4.  Ezek.  xliv.  18.  used 
first,  probably,  by  persons  in  bad  health  ;  Cic.  Bnd.  60.  Horat.  Sat. 
ii.  3.  255.  Quinctil.  xi.  3.  144.  but  afterwards  by  the  delicate  and 
efieminate,  Cic.  Att.  ii.  3.  Har.  resp,  21.  Suet.  Aug.  82.  who  like^ 
wise  l)»d  mufilers  to  keep  the  throat  and  neck  warm,  called  FOCA- 
LIA  vel  Focale^  sing,  (a  faucibus,)  Horat,  et  QuinctiL  ibid.  MartiaK 
V.  41.  vi.  41.  xiv.  142.  used  chiefly  by  orators,  Ibid,  et  Gell.  xi.  9« 

45 


354  ROMAN  ANTIQUITIES. 

Some  used  a  haadkerchief  (SUDARIUM)  for  that  pnrpoae,  Smd^ 
Ner,  51. 

Women  used  ornaments  round  their  legs,  {omamenia  circa  crura,) 
called  PERISCELIDES,  HoraL  Ep.  i.  17.  56. 

The  Romans  had  various  coverings  for  the  feet,  {caleeamenla  vel 
iegumenta  pedum,  Cic.  Tusc.  v.  32.)  but  chiefly  of  two  kinds.  The 
one  (CALCEUS,  ^odiuMs  a  shoe,)  covered  the  whole  foot,  some* 
what  like  our  shoes,  and  was  tied  above  with  a  latchet  or  tace,  a 
point  or  string,  (CORRIGIA,  Lorum  vel  Lioui-a,)  Cic.  Divin.  ii.  40. 
Martial,  ii.  29.  57.  The  other  (SOLEA,  tfavaoXiof,  a  slipper  or 
sandal,  quod  solo  pedis  subjiciatur,  Festus,)  covered  only  the  sde 
of  the  foot ;. and  was  fastened  on  with  leathern  thongs  or  strings, 
{UreUbus  habenis  vel  obitrigillis  vinctay  Cell.  xiii.  21.  ameniisy  Plin. 
xxxlv.  6.  »•  14.  hence  called  Vincula,  Ovid.  Fast.  ii.  324.  Of  the 
latter  kind  there  were  various  sorts ;  CaanDJE,  vel  -duljb,  lb.  Cic. 
Rabir.  Post.  27.  Horat.  Sat.  i.  3.  127.  Gallica,  Cic.  Phil.  ii.  3a 
Gtll.  xiii.  21.  &c.  and  those  who  wore  them  were  said  to  be  discal^ 
ceati,  {oMfoSnTotf)  pedibus  intectis.  Tacit.  Ann.  ii.  59. 

The  Greeks  wore  a  kind  of  shoes,  called  Pblscasia,  Senec.  dc 
hsntf.  vii.  21. 

The  calcei  Wbre  always  worn  with  the  toga  when  a  person  went 
abroad,  Cic.  ibid.  Plin.  Epist.  vii.  3.  Suet.  Aug.  73.  whence  he  pvt 
them  off,  {calceos  et  vesiimenta  mutavitf)  and  put  on  (induebat  vel 
inducebat)  slippers,  when  he  went  on  a  journey,  Cic.  Mil.  10,  Cali- 

Sila  permitted  those  who  chose,  to  wear  slippers  in  the  theatie, 
10.  lix.  7.  as  he  himself  did  in  public,  Suet.  Si. 

Slippers  (solece)  were  used  at  feasts,-  Plaut.  True.  ii.  4.  13.  Horat. 
Sat,  ii.  8.  77.  £^.  i.  13.  15.  but  they  put  .them  off  when  about  to  eat. 
Martial,  iii.  50.  It  was  esteemed  efieminate  for  a  man  to  amear  in 
public  in  slippers,  (soleatuSf)  Cic.  Har.  Resp.  21.  Yerr.  v.  3i.  ¥kk 
6.  Liv.  xxix.  19.  Suet  Cal.  32.  Slippers  were  worn  by  women  in 
public,  Plaut.  True.  Ii.  8. 

The  shoes  of  senators  were  of  a  black  colour,  and  came  up  to  the 
middle  of  their  legs,  Horat.  Sat.  i.  6.  27.  They  had  a  golden  or 
ailver  crescent  (luna  vel  lunula,  i.  e.  C)  on  the  top  of  the  foot,  Jt<- 
venal.  vii.  192 :  hence  die  shoe  is  called  luruUa  pellis,  MartiaL  i.  50. 
and  the  foot  lunata  planta.  Id.  ii.  29.  This  seems  to  have  been  pe- 
culiar to  Patrician  senators,  Scholiast,  in  Juvenal,  hence  it  is  called 
Patricia  luna,  Sfat.  Sjylv.  v.  2.  28. 

The  shoes  of  women  were  generally  white,  Ovid.  Art.  Am.  m. 
27L  sometimes*  red,  scarlet,  or  purple,  {rubrij  mullei,  et  purpursi,) 
Pers.  V.  169.  Yii^g.  Eel.  vii.  32.  Mn.  i.  341.  yellow,  [lutei  vel  cerei,) 
CatuU.  lix.  9.  &c.  adorned  with  embroidery  and  pearb,  partioulariy 
the  upper  leathers  or  upper  parts,  {crqridatum  obstraguta^)  Piin.  ix. 

•jO.  S«  OO. 

Men's  shoes  were  generally  black ;  some  wore  them  scariet  or 
red.  Martial,  ii.  29.  8.  as  Julius  CoBsar,  Dio.  xliii.  43.  and  especially 
under  the  emperors,  adorned  With  gold,  silver,  and  precious  stones, 
Plaut.  Bacch.  ii.  3.  97.  Senec.  ii.  12.  Plin.  xxxvii.  2.     They  were 


THE  ROMAN  DRESS.  355 

•ometimes  turned  op  at  the  point,  in  the  form  of  the  letter  f»  eatied 
Calcei  repandi^  Cic.  de  Nat  D.  i.  30. 

The  Benators  are  said  to  have  used  four  latchets  to  tie  their  8hoes» 
and  plebeians  only  one,  hid.  xix.  34.  Senec.  dt  TranquilL  Anim.  3. 

The  people  of  ancient  Latium  wore  shoes  of  unwrought  leather, 
{tx  carte  crudo,)  called  PERONES,  Virg.  JSEn.  vii.  90.  as  did  also 
the  Marsif  Hernleiy  and  Vesttni,  who  were  likewise  clothed  in  skins^ 
Jvotiml.  xiv.  195.  dte  It  was  long  before  they  learned  the  use  of 
tanned  leather,  (Alotjl  ;  ar  alumitUf  (of  alum,)  quo  pellet  sitbige^ 
ianhir^  tU  molliares  fiertnt^)  which  was  made  of  various  colours^ 
Martial^  ii.  29.  vii.  34. 

The  poor  people  sometimes  wore  wooden  shoes,  {sohm  ligrum^ 
which  used  to  be  pot  on  persons  condemned  for  parricide»  AucL  ad 
Herenn.  i.  13.  de  Invent,  ii.  50. 

Similar  to  these  were  a  kind  of  shoes  worn  by  country  people, 
called  SciTLPOifBJB,  Caio  de  re  R.  59.  with  which  they  sometimes 
etruck  one  another  in  the  &ce,  {pt  batuebantf)  Plaut.  6as.  ii*  8.  59. 
as  courtesans  used  to  treat  their  lovers,  (jcommiligare  sajidalio  caput f) 
Terent.  Eun.  v.  8.  4.  Thus  Omph&le  used  Hercules,  lb. 
'  The  shoes  of  the  soldiers  were  called  Caliqa,  sometimes  shod 
with  nails,  (c/a9»  iuffixa  ;)  those  of  the  comedians,  SOCCI,  slip- 
pers,  often  put  for  eolea  ;  of  the  tragedians,  Cothurni. 

The  Romans  sometimes  used  socks  or  coverings  for  the  feet,  made 
of  wool  or  goat^s  hair,  called  UDONES,  Marital,  xiv.  140. 

The  Romans  also  had  iron  shoes  (Solkjb  Fe&rea)  for  mules  and 
horses,  not  fixed  to  the  hoof  with  nails,  as  among  us,  but  fitted  to  the 
foot,  so  that  they  mk^ht  be  occasionally  put  on  and  off,  CatulL  xyiii. 
96.  Suet.  Ner.  30.  ^«;».  23.  Plin.  xxx.  II.  s.  49.  sometimes  of  sil- 
▼er  or  gold :  {Pcppaa  conjux  Jieronis  delicatioribus  jUmentis  suis 
^oUas  ex  auro  quoque  induere,)  Id.  xxxiii.  11.  s.  49.  Dio.  Ixii.  !28. 

Some  think  that  the  ancients  did  not  use  gloves,  {chirothecrBy  vel 
maniccB.)  But  they  are  mentioned  both  by  Ureek  and  Roman  wri* 
ters,  Homer.  Odyss.  24.  Plin.  Ep.  iii.  5.  with  fingers  (digitalia,  -um^) 
Yarr.  R.  R..i.  55.  and  without  them  ;  what  we  call  mittens. 

The  ancient  Romans  went  with  their  head  bare,  (capite  aperto^)  as 
we  see  from  ancient  coins  and  statues,  except  at  sacred  rites,  games, 
festivals,  on  journey,  and  in  war.  Hence,  of  all  the  honours  decreed 
to  CsBsar  by  the  senate,  he  is  said  to  have  been  c))iefly  pleased  with 
that  of  always  wearing  a  laurel  crown,  because  it  covered  his  bald* 
ness,  SueL  JuL  45.  which  was  reckoned  a  deformity  among  the  Ro« 
anns,  Ovid.  Art.  Am.  iii.  250.  Tacit.  Annal.  iv.  57.  <Stie/.  DomiL 
18.  Juvenal,  iv.  38.  as  among  the  Jews,  II.  Kings^  iL  23. 

They  used,  however,  in  the  city,  as  a  screen  from  the  heat  or  wind, 
to  throw  over  their  head  the  lappet  of  their  gown,  {laciniam  vel  sir 
num  toga  in  caput  rejicere,)  which  they  took  off  when  they  met  any 
one  to  whom  they  were  bound  to  show  respect,  as  the  consuls,  &c« 
Plutarch,  in  Pomp,  et  qtuBst.  Rom.  10. 

The  Romans  veiled  their  heads  at  all  sacred  rites  but  those  of 
Saturn,  Scrv.  in  Virg.  JEfL  iii.  405.  Lt9«  L  26.  in  cases  of  soddeo 


35&  ROMAN  ANTIQUITIES. 

and  extreme  danger ;  PlauL  MobL  ii.  1.  77.  Pdron.  7.  90.  in  grief 
or  despair  ;  as  when  one  was  about  to  throw  himself  into  a  riyer,  or 
the  like,  HoraL  Sal.  ii.  3.  37.  Liv.  iv.  13.  Thus  CsBsar,  when  assas- 
sinated in  the  senate  house ;  Suet.  Ccbs.  82.  Poropey,  when  slaio 
in  Egypt ;  Dio.  xiii.  5.  Crassus,  when  defeated  by  the  Parthians ; 
Plutarch.  Appius,  when  be  fled  from  the  Forum.  Ltv.  iii.  49.  So 
also  crimioaJsY  when  executed,  Liv.  i.  26.  SiL  xi.  259. 

At  games  and  festivals  the  Romans  wore  a  woollen  cap  or  bonnet, 
(PILEUS,  vel  -tim,)  Herat.  £p.  i.  13.  15.  Martial,  xi.  7.  xiv.  1. 
Suet.  Ner.  57.  Senec.  Epist.  lo.  which  was  also  worn  by  siavest 
hence  called  fileati,  when  made  free  ;  Liv.  xxiv.  16.  Plant.  Amph, 
i.  303.  or  sold,  Gell.  vii.  8.  whence  piltus  is  put  for  liberty  ;  Suet., 
7tt«  4.  Martial,  ii.  48.  4.  likewise  by  the  old  and  sickly,  Chid.  Art. 
Am.  I  733. 

The  Romans  on  journey  used  a  round  cap  like  a  helmet,  (6ALE- 
RUS,veI  »tim,)  Virg.  ^n.  vii.  688.  or  a  broad-brimmed  hat,  (Pbta- 
8  us,)  Siut.  Aug.  82.  Hence  peiasatus^  prepared  for  a  journey,  Ctc. 
jFSim.  XV*  17.  Caligula  permitted  the  use  of  a  hat  similar  to  this  in 
the  theatre^  as  a  screen  from  the  heat,  Dio.  lix.  7. 

The  women  used  to  dress  their  hair  in  the  form  of  a  helmet  or  Ga- 
Urus^  mixing  false  hair  {crintsficti  vel  suppositi)  with  it,  Scholia$t.  in 
Juvenal,  vi.  120. So  likewise  warriors,  SiL  i.  404.  who  some- 
times also  used  a  cap  of  unwrought  leather,  (CUDO,  vel  -Ofif)  SiL 
viii.  494  xvi.  59. 

The  head-dress  of  women,  as  well  as  their  other  attire,  was  differ- 
ent  at  different  periods.  At  first  it  was  very  simple.  They  seldom 
went  abroad ;  and  when  they  did,  they  almost  always  had  their 
faces  veiled.  '  But  when  riches  or  luxury  increased,  dress  became 
with  many  the  chief  object  of  attention ;  hence  a  woman's  toilet  and 
K>maments  were  called  MUNDUS  MULIEBRIS,  her  world,  Liv. 
-xxxiv.  7. 

They  anointed  their  hair  with  the  richest  perfumes,  Ovid.  Met.  v. 
S3.  Tlbull.  ifi.  4.  28.  and  sometimes  painted  it,  Tib.  i.  9.  43.  Ovid. 
.  Art.  Am.  iii.  163.  {comam  rutilabant  vel  inceruUbant,)  and  made  it  ap- 
pear a  bright  yellow,  with  a  certain  composition  or  wash,  a  lixivium 
or  ley ;  {li'xivio  vel  -viA,  cintrt  vel  cinere  lixivii^  Val.  Max.  ii.  1.  ^^. 
,Plin.TYi.fiB.  SpumA  Bettavd,  vel  causticd^  i.  e.  sapone,  with  soap^ 
Martial,  viii.  33.  20.  xiv.  26.  Suet.  Cal.  47.  Plin.  xxviii.  12.  s.  51.) 
but  never  used  powder,  which  is  a  very  late  invention ;  first  intro- 
.  duced  in  France  jabout  the  year  1593. 

The  Roman  women  frizzled  or  curied  their  hair  with  hot  irooa, 
(calido  ferro  ye]  caiami94ris  vibrabani,  crispabant,  vel  intorqutbant^) 
Vii^.  Mn.  xii.  100.  Cic.  Brut.  75.  hence  coma  calamistrata^  frizzled 
hair ;  Cic.  S«xl.  8.  Homo  calamisiratus,  by  way  of  contempt ;  Cic. 
jfost  red.  in  Sen.  6.  Ptaut.  Ann.  iii.  3.  37;  and  sometimes  raised  it 
to  a  great  height  by  row6  and  stories  of  curis ;  Juvenal,  vi.  501. 
pence  Altum  caliendrum,  i.  e.  capiUitium  adulterinwn  vel  c^la- 
wentMiw,  fc^uet.  Cal.  11.  in  galeri  vel  gale4S  modum  suggestum,  Ter- 
JuU.de  Cult  Pern.  7.  the  lofty  pile  of  false  hair,  Hotut.  Sai.'uH.4». 


.THE  ROMAN  DRESS.  .      ^ 

I 

*^ 

9ugge»hi»t  vel  -tun  cama^  as  a  building,  StqL  Sjfh.  i.  2.  114.  Coma  in 
gradus  formaia^  into  stories;  Sue(. ^er.  51,  QuinctiL  xii.  FUxus  cin^ 
cinnorum  vel  annu/orum,  the  turning  of  the  locks  or  curls,  JinibritB 
▼el  cirriy  the  extremities  or  ends 4>f  the  curls;  Ctr.  Pt>.  11.  Juvenal. 
Kill.  165.  The  locks  seem  to  have  been  fixed  by  hairpins ;  {crinales 
acus^)  Propert;  iii.  9.  52.  Dio.  li.  14. 

The  slaves  who  assisted  in  frizzling  and  adjusting  the  hair,  (m 
crine  companendo^)  w^re  called  CINIFLONES  or  Chierard,  HoraL 
Sat.  i.  2.  98.  who  were  in  danger  of  punishment  if  a  single  lock  was 
improperly  placed,  (si  unus  de  iolo  peccaverat  orbt  catnarum  annuluSf 
incerta  non  btntfixut  acu  ;)  the  whip  (Taurba,  i.  e.flagrum  vel  scu^ 
Hca  de  pene  iaurino)  was  presently  applied,  Juvenal,  vi.  491.  or  the 
mirror,  (Speculum,)  made  of  polished  brass  or  steel,  of  tin  or  silver, 
Plin.  xxxiv.  17.  s.  ^.  was  aimed  at  the  head  of  the  offender.  Mar- 
tial, ii.  66.  A  number  of  females  attended,  who  did  nothing  but 
give  directbns,  JuvenAl.  ibid.  Every  woman  of  fashion  had  at  least 
one  female  hair^lresser  (ornatrix,)  Ovid.  Amor.  i.  14.  16.  iL  7.  17 
A  23. 

The  hair  was  adorned  with  gold,  and  pearls,  and  precious  stones, 
Ovid.  Her.  xv.  75.  xxi.  89.  Manil.  v.  518.  sometimes  with  crowns  or 

rrlands  and  chaplets  of  flowers,  {coron{B  et  sorla^  Plant.  Asin.  iv. 
58.  bound  with  fillets  or  ribands  of  various  colours,  (crinales  vih 
icB  vel/ascue,)  Ovid.  Met.  i.  477.  iv.  6. 

The  head*dress  and  ribands  of  matrons  were  diflerent  from  those 
of  virgins,  Propert.  iv.  12.  34.  Virg.  JEn.  ii.  168. 

Ribsmds  ( VITTiE)  seem  to  haye  been  peculiar  to  modest  women ; 
hence  FUta  tenues^  insigne  pudoris^  Ovid.  Art  Am.  i.  31.  JVt/  mihi 
cum  vkta^  i.  e.  cum  muliere  pudica  et  casta^  Id.  Item.  Am.  386.  and, 

{'6ined  with  the  Stola,  were  the  badge  of  matrons,  Id.  Trist.  247 ; 
lence  Et  vos^  quis  vittce  longaque  vestis  abtst^  i.  e.  impudica,  Id.  Fast, 
iv.  134. 

Immodest  women  used  to  cover  their  heads  with  mitres,  (Mitr/b 
vel  mitelUE,)  Juvenal,  iii.  ^.  Sen?,  in  Virg.  JEn.  iv.  216.  Cic.  de 
Resp.  Harusp.  21. 

Mitres  were  likewise  worn  by  men,  though  esteemed  effeminate, 
Cic.  Rabir.  Poet.  10.  and,  what  was  still  more  so,  coverings  for  the 
cheeks,  tied  with  bands  {redimicula  vel  ligamina)  under  the  chin, 
Firg.  ibid,  et  ix.  616.  Propert.  ii.  29. 

An  embroidered  net  or  caul  {reticulum  auratum)  was  used  for  en* 
closing  the  hair  behind,  Juvenal,  ii.  96.  called  vesica,  from  its  thin- 
ness, Martial,  viii.  33.  19. 

Women  used  various  cosmetics,  (medicamina  vel  lenecinia^)  and 
-washes  or  wash-balls  (smegmata)  to  improve  their  colour,  Ovid.  Met. 
Tac.  51.  6cc.  Senec.  Heh.  16.  They  covered  their  faces  with  a 
thick  paste,  {multo  pane  vel  tectorial  which  they  wore  at  home,  Ju- 
venal.  vi.  460.  &c. 

Poppaea,  the  wife  of  Nero,  invented  a  sort  of /^omo/fim  or  oiqtment 
to  preserve  her  beauty,  called  from  her  name  POPPiEANUM, 
made  of  asses'  milk,  Ibid,  et  Plin.  xi.  41.  xxviii.  12.  s.  50.  in  which 


358  ROMAN  ANTIQUITIES. 

she  used  also  to  bathe.  Five  hundred  asses  are  said  to  have 
daily  milked  for  this  purpose ;  and  when  she  was  banished  finom 
Rome  fifty  asses  attended  her,  Und,  ei  Dio,  Ixii.  28.  Some  meo 
imitated  the  women  in  daubing  their  faces;  thus  Otho,  {facitmpa>' 
ne  madido  linerc  quotidie  consuevit,)  Suet  0th.  12.  Juvenal,  iL  107« 
Pumice  stones  were  used  to  smooth  the  skin,  Plin.  xxxvL  21.  s.  42. 

Paint  (FUCUS)  was  used  by  the  Roman  women  as  early  as  the 
days  of  Plautus :  ceruse  or  a  white  lead  {cerusni,)  or  chalk,  {crtia^) 
to  whiten  the  skin,  and  vermilion  {minum^  purpurissiun  vel  riiArtcah 
to  make  it  red,  Plant.  Most.  i.  3.  101  &  118.  True.  ii.  II.  35.  Ovid. 
Art.  Am.  iiL  199.  Horat.  Epod..l2.  10.  Martial,  ii.  41.  viii.  33.  17. 
Hence,  fuccUcs^  cerussata^  crttattz^  tt  minionata^  painted.  Ibid,  in 
which  abo  the  men  imitated  them,  Cic.  Pis.  11. 

The  women  used  a  certain  plaster  which  took  off  the  small  hairs 
from  their  cheeks';  or  they  pulled  them  out  by  the  root  {radtcUtu^ 
vfilUbant)  with  instruments  called  VOLSELLiE,  tweezers,  MartiaL 
ix.  28.  which  the  men  likewise  did.  Id.  viii.  47.  Suti.  Cos.  45.  GaUh, 
22.  0th.  12.  Qmnctil.  i.  6.  44.  v.  9.  14  Proizm.  viii.  19.  The  edges 
of  the  eyelids  and  eyebrows  they  painted  with  a  black  powder  or 
aoot,  (fuligine  collinebant^)  Tertul.  de  cult  fcem.  5.  Juvenal,  ii.  SL 
Plin.  Ep.  VI.  2. 

When  they  wanted  to  conceal  any  deformity  on  tha  face,  they 
used  a  patch,  (SPLENIUM  vel  emplastnm^)  MartiaK  ii.  29.  8. 
sometimes  like  a  cirescent,  lunatum,)  Id.  viii.  33.  22.  also  for  mere 
ornament,  Plin.  Ep.  vi.  2.  Hence  sphniatus^  patched.  Martial,  x. 
22.  Regulus,  a  famous  lawyer. under  Domitian,  used  to  anoint 
iiircumlinere)  his  right  or  left  eye,  and  wear  a  white  patch  over  one 
side  or  the  other  of  his  forehead,  as  he  was  to  plead  either  for  the 
plaintiff  or  defendant,  {dexlrutrif  si  a  v.  pro  petitore  ;  alt^rvm^siap^' 
sessore  esset  acturus^)  Plin.  Ep.  vi.  2. 

The  Romans  took  great  care  of  their  teeth  by  washing  and  rub- 
bing them,  Plin.  Ep.  viii.  18.  Plin.  xxxi.  10.  Martial,  xiv.  22.  56. 
When  they  lost  them,  they  procured  ailificial  teeth  of  ivory,  Hora$. 
Sat.  i.  8.  48.  Martial,  i.  20.  73.  ii.  41.  v.  44.  xii.  23,  If  loose,  they 
bound  them  with  gold,  Cic.  Legg.  ii.  24.  It  is  said  iEsculapius  first 
invented  the  pulling  of  teeth,  {dentis  $vulsionem^)  Cie«  Nat.  D.  iii.  57. 

The  Rbman  ladies  used  ear-rings,  (INAURES)  of  pearls,  {mar^ 

garita^  baccce^  vel  uniones,)  Horat.  Epod.  viii.  14.  Sat.  ii.  3,  241. 

three  or  four  to  each  ear,  Plin.  ix.  35.  s.  56.  Senee.  de  Bene/,  viu  9. 

sometimes  of  immense  value  ;  Suet.  Jul.  50.  Plin.  ix.  35.  s.  37. 

hence,  Uxor  tua  locupUtis  domtjLs  auribus  censitm  gerit^  Senec.  Vit- 

Beat.  17.  and  of  precious  stones,  Ovid.  Art.  Am.  i.  432:  also  neck- 

laces  or  ornaments  for  the  neck,  (M ONILIA,)  made  of  gold,  and 

set  with  gems,  Virg.  Mix.  i.  658.  Ovid.  Met.  x.  264-   Cic.  Vtrr.  iv. 

18.  which  the  men  also  used.  Suet.  Galb.  18.  Ovid.  Met.  x.  115. 

.^Plin.  ix.  35.    But  the  ornament  of  the  men  was  usually  a  twisted 

chain,  {torquis^  v.  -es)  Yjvg.  Mn.  vii.  351.  or  a  circular  plate  of  gold, 

(circulus  auri  vel  aureus,)  Virg^  JEn.  559.  also  a  chain  composed  of 

ringSf  icatenat  catella,  vel  catenulaf)  used  both  by  men  and  women, 


THE  ROlfAN  DRESS.  350 

Lh.  xxxix.  31.  Horat.  Ep.  i  17. 55.    Onminents  for  the  arms  were 
called  ARMILLiE. 

There  was  a  female  ornament  called  SEGMBNTUM,  worn  only 
b^  matrons,  VaL  Max.  ▼•  2.  I.  which  some  suppose  to  have  been  a 
kmd  of  necklace,  Serp.  in  Virg.  Mn.  i.  658.  /nd.  xix.  31.  but  others, 
more  properly,  an  embroidered  riband,  (fascia^  /csnta,  vel  vitta  inUx^ 
4a  auro,)  or  a  purple  {rinm, purputeayjimhria,  vel  insiiia,)  sewed  to 
the  clothes,  Scholuut,  in  Jtn.  ii.  124.  vi.  89.  Ovid.  Art.  Am.  iii.  169. 
Hence  Vtsiis^  aegmentata,  an  embroidered  robe,  or  having  a  purple 
fringe,  (a  creins  seclionibus,)  Flaat* 

The  Roman  women  used  a  broad  riband  round  the  breast,  called 
8TROPHIUM,  which  served  instead  of  a  bodice  or  stays,  Caiul. 
Ixii.  65.  They  had  a  clasp,  buckle,  or  bracelet  on  the  left  shoulder, 
called  SPINTHER,  or  Spinier,  Festus.  Plaut.  Men.  iii.  3.  4. 

The  ordinary  colour  of  clothes  in  the  time  of  the  republic  was 
white ;  but  afterwards  the  women  used  a  great  variety  of  colours, 
ttocording  to  the  mode,  or  their  particular  taste,  Ovid.  Art.  Am.  iii 
187. 

Silk  (ve^lif  sertea  bombyclna)  was  unknown  to  the  Romans  till  to- 
wards the  end  of  the  repubitc.  It  is  frequently  mentioned  by  wri- 
ters after  that  time,  Virg.  G.  ii.  121.  Horat.  Epod.  viii.  15.  Suet.  Col. 
53.  Martial,  iii.  82.  viii.  33. 68.  ix.  38.  xi.  9.  28.  50.  Jteoenal.  vi.  259. 
The  use  of  it  was  forbidden  to  men,  Tac}t.  Annul,  ii.  33.  Vopisc. 
Tacit.  10. 

Heliogabalos  is  said  to  have  been  the  first  who  wore  a  robe  of  pure 
■ilk,  {vestis  h^loserica ;)  before  that  time  it  used  to  be  mixed  with 
some  other  stuff,  (subserictan.)  Lamprid.  in  Elagab.  36.  29.  The  nik, 
which  had  been  closely  woven  in  India,  was  unravelled,  and  wrought 
anew  in  a  looser  texture,  intermixed  with  linen  or  woollen  yarn, 
Plin.  vi.  20.  so  thin  that  the  body  shone  through  it,  (tit  transluceret,) 
Ibid,  first  fabricated  in  the  island  Cos ;  Plin.  xi.  22.  s.  26.  Hence 
Veste3  Coce  for  sericcB  vel  bombydncBy  ten%us  vel  pellucida,  Tibull.  ii. 
a  57.  Propert.  i.  2.  2.  Horat.  Sat.  i.  2.  101.  Fentm  textilis,  v. 
nebuhy  Petron.  35.  The  Emperor  Aurelian  is  said  to  have  refused 
his  wife  a  garment  of  pure  silk,  on  account  of  its  exorbitant  price, 
Vbpisc.  in  Aurel.  45. 

Some  writers  distinguish  between  vestis  bornbycina  and  seriea. 
The  former  they  make  to  be  produced  by  the  silk-worm  {bambyx,) 
the  latter  from  a  tree  in  the  country  of  the  Seres,  {sing.  Ser.'S  in  In- 
dia. But  some  writers  confound  them.  It  seems  doubtful,  how- 
ever, if  sericum  was  quite  the  same  with  what  we  now  call  silk,  Plin. 
xi.  SK2.  s.  25.  xxiv.  12.  s.  66,  &c. 

Silk  worms  {bomhyces)  are  said  to  have  been  first  introduced  at 
Constantinople  by  two  monks  in  the  time  of  Justinian,  A.  U.  551. 
Procop.  de  Dell.  Goth.  iv.  17.  The  Romans  were  long  ignorant  of 
the  manner  in  which  silk  was  made. 

Clothes  wei^  distinguished,  not  only  from  their  different  texture 
and  colour,  but  also  from  the  place  where  f hey  were  manufactured ; 
thus,  Vestis  aurea,  fmrata,  picta,  embroidered  with  gold ;  purpurea. 


800  ROMAN  A^mQUITIES. 

eanchyliaia^  Cic.  Phil,  ii*  27.  astro  vel  murice^  Unektf  jnmicta^  TV*^ 
vel  SarranOy  Sidonia,  A$8yr%a^  Phanicia  ;  SpartanayMtlibcta  ;  OeiMbit 
Pana^  rel  Punica,  &c.  PURPIjE*  dyed  with  the  juice  of  a  kind  of 
shell-fishy  called  purpura  or  murex  ;  found  chiefly  at  Tyre  in  Asia; 
in  Menmxy  -gis^  an  island  near  the  ^rtis  Minor,  and  on  the  Getutian 
shore  of  the  Atlantic  ocean,  in  Africa ;  in  Laconica,  in  Europe,  PKiu 
ix.  36.  s.  ^60.  The  most  valued  purple  resembled  the  colour  of  clot- 
ted blood,  of  a  blackish  Shining  appearance  ;  whence  blood  is  called 
by  Homer,  purpnrtus^  Plin.  ix.  38.  s.  62.  Under  Augustus,  the  vio- 
let colour  {violacea  purpura)  came  to  be  in  request ;  then  the  red 
{mbra  Tartntina)  and  the  Tyrian  twice  d^ed,  {Ttfria  dibapha^  i.  e. 
bU  iincta,)  Plin.  ix.  39.  s.  63.  Herat.  Od.  ii.  16.  35.  Festis  cocrtneo, 
▼el  cocco  tincta^  scarlet,  Martial,  v.  24.  also  put  for  purple,  HoraL 
Sat,  vi.  102  6l  106.  Melitenais^  e  gossypio  vel  xy/o,  cotton,  Cic,  Verr, 
ii.  72.  Pliru  xix.  1.  Coa,  i.  e.  Strica  vel  hombyciua  etpurpunh  fine 
silk  and  purple  made  in  the  island  Coa  or  Coos,  Herat  Od.  iv*  13. 
13.  Sat.  1.  2.  101.  Tib.  ii.  4.  29.  Juvenal,  viii.  101.  Phrygiona,  vel 
•iona,  i.  e.  acu  contexta  et  aureisjitis  decora,  needle-work  or  embroi- 
dery, Plin,  viii.  48.  s,  74.  Others  read  here  Phryxiana,  and  make 
it  a  coarse  shaggy  cloth ;  freeze,  opposed  to  rasa,  smoothed,  without 
hairs :  Virgata,  striped,  Virg.  jEn.  viii.  660.  Scututaia,  spotted  or 
figured,  Juvenal,  ii.  97.  like  a  cobweb,  {araneamm  tela,)  which  Pli- 
ny calls  rete  scututatum,  xi.  24.  Galbdna  vel  -ina,  green  or  grass- 
coloured,  Juvenal,  ibid,  {color  herbarum,)  Martial,  v.  24.  worn  chief- 
ly by  women ;  hence  Galbanatus,  a  man  so  dressed,  Id.  iii.  82.  5. 
and  Galbani  mores,  effeminate,  i.  97.  Amethystina,  of  a  violet  or 
wine-colour,  Ibid.  &  ii.  57.  xrv.  154.  Juvenal,  vii.  136.  prohibited 
by  Nero,  Suet.  32.  as  the  use  of  the  vestis  conchiliati,  a  pardbular 
kind  of  purple,  was  by  Ca&sar,  except  to  certain  persons  and  ages, 
and  on  certain  days^  Suet.  Jut.  43.  Crocdla,  a  garment  of  a  sai&on 
colour,  {crocei  coloris,)  Cic.  Resp.  Har.  21.  Sindon,  fine  linen  from 
Egypt  and  Tyre,  Martial,  ii.  16.  iv.  19.  12.  xi.  1.  yest$is  atra  vel 
pulla,  black  or  iron  gray,  used  in  mourning,  &c. 

In  private  and  public  mourning,  the  Romans  laid  aside  their  orna- 
ments, their  gold  and  purple,  Liv.  ix.  7.  xxxiv.  7. 

No  ornament  was  more  generally  worn  among  the  Romans  thaa 
rings,  (ANNULI.)  This  custom  seems  to  have  been  borrowed  from 

♦  Bruce  in  his  travels  affirms,  that  though  he  cauied  the  waters  t«  bo  carofally 
draggAd  f«r  the  Murex;  near  Tyre,  no  such  shell- fish  was  to  be  found  them,  and  he 
therefore  hastily  concludes,  that  the  Tyrians,  &c.  who  dyed  purple,  framed  the  story 
of  a  dye  majJe  from  the  Murex,  4tc.  only  to  conceal  their  knowledge  of  cochinari. 
But  there  were  many  other  places,  besides  Tyn,  where  purple  was  oiaiuifactttrMl, 
iMirticuUrly  at  TamUutn,  now  TarwOo,  in  Italy,  where  UtyMSU  in  bis  travels,  saya 
immense  heaps  of  these  shells  are  still  to  be  seen.  It  Is  said  that  this  shell-Ssh  is  also 
found  on  the  coasts  of  GwiyaquU  and  Gautimala  in  Pxru.  It  is  of  the  tisa  of  a  larRe 
walnut,  and  adheres  to  the  rocks  that  are  washed  by  the  sea.  The  fluid  may  bo  ox- 
iL^^i^u  ^^  "<l"<^?^>^nS  without  killing  the  fish  ;  but  if  the  oueratioo  be  often  repoatod, 
tile  fish  dies.  There  Hre  many  species  of  the  Miirex,  Various  shades  in  the  dye  woib 
produced  from  other  shelLfish,  particularly^ from  a  kiud  of  Buccwum  :  but  the  finest 
I  *J*»  «""•"  from  the  Mure*.  These  species  of  sboUs  are  found  in  ▼ariona  puU  of 
the  MudilorruacaH,  but  the  use  of  them  is  now  superseded  by  Cochineal. 


THE  ROMAN  DRESS.  361 

the  Sabines,  lAv^  ill.  The  senators  and  equitts  wore  golden  rings, 
Xtv.  zxiii.  13.  xxvL  36.  also  the  legionary  tribunes,  Jippian.  de  BelL 
Punic*  63»  Anciently  none  but  the  senators  and  equiUti  were  allow- 
ed to  wear  ^old  rings,  Dio.  xlviii.  45. 

The  plebeians  wore  iron  rings,  StaL  Sf/lv.  iii.  2.  144.  unless  wbeo 
presented  with  a  golden  one  for  their  bravery  in  war,  Gc,  Ferr.  iii, 
80.  or  for  any  other  desert,  Suet.  Jul,  39.  Ctc.  Fam.  z.  31.  Maerob. 
Sat.  ii.  10.  Under  the  emperors,  the  right  of  wearing  a  golden  ring* 
was  more  liberally  conferred,  and  often  for  frivoleus  reasons,  Plinm 
xxxiii.  l&  2.  Suet,  Galb,  14.  Fiteli.  12.  Tacit.  Hut.  iy.  3.  At 
last,  it  was  granted  by  Justinian  to  all  citizens,  Xovell.  78.  Some 
were  so  finical  with  respect  to  this  piece  of  dress,  as  to  have  lighter 
rings  for  summer  and  heavier  for  winter,  Juvenal.  L  28.  hence  call« 
ed  SemestreSj  Id,  vii.  89. 

The  ancient  Romans  usually  wore  but  one  ring,  on  the  left  hand, 
on  the  finger  next  the  least :  i&encc  called  digitus  ANNUiJUitis,  Oell. 
X.  10.  Macrob,  vii.  13.  But  in  later  times,  some  wore  several  ringf» 
Ilorat.  Sat,  ii.  7.  9.  some,  one  on  each  finger.  Martial,  v.  62.  5.  or 
more,  Id.  v.  11.  xL  60.  which  was  always  esteemed  a  mark  of  effe« 
minacy. 

Rings  were  laid  aside  at  night  and  when  they  bathed.  Ibid.  TerenL 
Heaut,  iv.  1.  42.  Ovid.  Amor,  ii.  15.  23.  also  by  suppliants,  Iav., 
xliii.  16.  VaL  Max.  viii.  1.  3.  and  in  mourning,  LtV.  ix.  7.  Suet.  Aug. 
101.  Isidor,  xix.  31. 

The  case  {capstUa)  where  rings  were  kept,  was  called  Dacjtvlo- 
THECA,  Martial,  xi.  60. 

Rings  were  set  with  precious  stones  {gemma)  of  various  kinds ;  as 
jasper,  (jaspis,)  sardonyx,  adamant,  &c.  Martial,  ii.  50.  v.  11.  on 
which  were  engraved  the  images  of  some  of  their  ancestors  or  friends* 
or  a  prince  or  a  great  man,  Cic.  Cat,  iii.  5.  Fin.  v.  1.  Ovid.  Trisi. 
i.  6.  5.  Plin.  Ep.  x.  16.  Suet.  Tib.  58.  Senec.  de  bm.  iii.  26.  or  the 
representation  of  some  signal  event,  Suet,  Galb,  x.  or  the  like,  Plin^ 
xxxvii.  1.  Plant.  Cure.  iii.  50.  Thus  on  Pompey's  ring  were  en- 
graved three  trophies,  Dio,  xlii.  18.  as  emblems  of  his  three  triumphs 
over  the  three  parts  of  the  world,  Europe,  Asia,  and  Africa,  Vic. 
Sext.  61.  Pis.  13.  Balb.  4  &  6.  Plin.  vii.  26.  On  Csesar^s  ring, 
an  armed  Venus,  Dio,  xliii.  43.  on  that  of  Augustus,  first  a  sphinx,^ 
afterwards  the  image  of  Alexander  the  Great,  and  at  last  his  own, 
which  the  succeeding  emperors  continued  to  use,  Plin.  37.  1.  Suet. 
Aug.  50.  Dio,  Ii.  3. 

Nonius,  a  senator,  is  said  to  have  been  proscribed  by  Antony  for 
the  sake  of  a  gem  in  his  ring,  worth  20,000  sesterces,  Plin.  xxxviL 

6.  s.  21. 

Rings  were  used  chiefly  for  sealing  letters  and  papers,  (ai  tabuloM 
»bsigruindas^  Annulus  Signatorius,)  Macrob.  Sat.  vii.  13.  JUv. 
xxvii.  28.  Tadt.  Annal,  ii.  2.  Martial,  ix,  89.  also  cellars,  chests, 
casks,  &c.  Plant.  Cas.  ii.  1.  1.  Ctc.  Fam.  xv'u  26.  They  were  at 
fixed  to  certain  signs  or  symbols,  {symbola^  v.  -i,)  used  for  tokens, 
like  what  we  call  ra/Zw*,  or  Tally-sticks^  and  given  in  contracts  in* 

46 


369  ROMAN  ANTIQUITIES 

Rtead  of  a  biH  or  bond»  Plaut.  Bacch.  n.  3.  29.  Pseud.  1 1.  53.  ii.  % 
53.  IT.  7.  104  or  for  any  sign,  Justin,  ii.  13.  Ring9  nsed  also  to  be 
given  by  those  who  agreed  to  clab  for  an  entertainment,  {qtd  coiintnif 
ui  de  symbolU  essenty  i.  e.  qui  communi  sumptu  erant  una  ecmcUuri,) 
to  theperson  comoiissioned  to  bespeak  it,  {qui  ei  reiprmfectut  mI,) 
Ter.  £iin.  ii.  4. 1.  Plaut.  Stich.  iii.  I.  28  &  34.  from  fytrd^ala,  a  riiot 
or  reckoning ;  hence  symholam  dare,  to  pay  his  reckoning,  Ter,  And^ 
i.  1.  61.  AsynAotuB  ad  canam  venire,  without  paying,  Id.  Phomu  it* 
S.  25.  Gell.  vi.  13.  The  Romans  anciently  called  a  ring  unovuts, 
from  unguis,  a  nail ;  as  the  Greeks,  ^oxruXi  o;,  from  SowvKh,  a  finger ; 
afterwards  both  called  it  symbolus,  v.  -um,  Flin.  rcdii.  1.  s.  4. 

When  a  person  at  the  point  of  death  delivered  his  ring  to  any  one, 
it  was  esteemed  a  mark  of  particular  aflfection,  Curi.  x.  5.  Justin^ 
xiL  15.  Fa/.  Max.  viL  88. 

Rings  were  usually  pulled  off  from  the  fingers  of  persons  dying, 
8utt.  Tib.  83.  Cal.  12.  but  they  seem  to  have  been  sometimes  pot 
on  again  before  the  dead  body  was  burnt,  Prop.  iv.  7.  9. 

Rings  were  worn  by  women  as  well  as  men,  both  before  and  after 
marriage,  Horai.  Od.  i.  9.  23.  Terent  Hec.  iv.  i.  59.  v.  3.  30.  It 
seems  any  free  woman  might  wear  a  golden  one,  Plaut.  Cos.  iii.  5; 
^.  and  Isidorus  says,  all  free  men,  xix.  32.  contrary  to  other  au« 
tf)<mi.  A  ring  used  to  be  given  by  a  man  to  the  woman  he  was  about 
to  marry,  as  a  pledge  of  their  intended  union,  (Aknulus  paoimBUSy) 
Juvenal,  vi.  27.  a  plain  iron  one  (ferreus  sine  gemmc^  acoordinff  to 
Pliny,  xxxi.  1.  But  others  make  it  of  gold,  Tertull.  Apolog,  6.  mdL 
xix.  32.  Those  who  triumphed  also  wore  an  iron  ring,  Plin.  33.  i 
i.4. 

The  ancient  Romans,  like  other  rude  nations,  suffered  their  beards 
to  grow,  lAv.  r.Al.  (hence  called  barbati,  Cic.  Mur.  12.  Csl.  14. 
Fin.  iv.  23.  Juvenal,  iv.  103.  but  barbatus  is  also  put  for  a  full  grown 
man,  Horai.  Sat,  ii.  3.  249.  Juvenal,  x.  56.  Martial,  viii.  52.)  till 
about  the  year  of  the  city  454^  one  P.  Ticinius  M senas  or  Msena 
brought  barbers  from  Sicily,  and  first  introduced  the  custom  <^ 
shaving  at  Rome,  Plin.  vii.  59.  which  continued  to  the  time  of  Ha- 
drian,  who,  to  cover  some  excrescences  on  his  chin,  revived  the  cus- 
tom of  letting  the  beard  grow,  Spartian.  Adrian.  26.  but  that  of  shav- 
ing  was  soon  after  resumed. 

The  Romans  usually  wore  their  hair  short,  and  dressed  it  {cmsari' 
em,  erines,  capillos,  comam  vel  comas,  pectebani  vel  comebant),  with 
great  care,  especially  in  later  ages,  when  attention  to  this  paut  of 
dress  vras  carried  to  the  greatest  excess,  Senec.  de  brev.  vita,  12. 
Ointments  and  perfumes  were  used  even  in  the  army.  Suet.  Cees. 
67,  ^' 

When  young  men  first  began  to  shave,  (cum  barba  reseela  est, 
Ovid.  Trist.  iv.  10.  58.)  they  were  said  ponere  barbam.  Suet  Cal. 
10.  The  day  on  which  they  did  this  was  held  as  a  festival,  and 
presents  were  sent  them  by  tlieir  friends,  Juvenal,  iii,  187.  Martial. 
i&  6. 

Their  beard  was  shaven  for  the  first  time  sooner  or  later  at  plea- 


THE  ROMAN  DRESS.  968 

«ure ;  Bometimes  when  the  toga  virilit  was  aasuindd,  SuaL  Col.  10. 
but  usually  about  the  age  of  twenty-one,  Mttcrob.  in  Sam.  Scip.  i.  6. 
Ai^gustus  did  not  shave  till  twenty-five.  Dto.  xlviiL  34. — HeDce 
voung  men  with  a  long  down  [lanttgo)  were  called  Juotnes  barbalu- 
Ji,  Cic.  Att  i.  14.  or  bene  barbali^  Id.  Cat  ii.  10. 
.  The  first  growth  of  the  beard  (prima  barba  vel  lanugo)  was  con- 
secrated to  some  ffod,  Petron.  29.  thus  Nero  Consecrated  his  in  n 
Slden  box,  (prixide  auredf)  set  with  pearls,  to  Jupiter  Capitolinusu 
tt.  Jfer.  12.  At  the  same  time,  the  hair  of  the  head  was  cut  ana 
consecrated  also,  usually  to  Apollo,  Martial.  I  32.  sometimes  to 
Bacchus,  Stat.  Theb.  viiL  493.  Till  then  they  wore  it  uncut,  either 
loose,  Horat.  Od  ii.  5.  23.  iii.  20. 13.  iv.  10.  3.  or  bound  bet^nd  in  a 
knot,  {renodabofit^  vel  nodo  rtligabant^)  Id.  Epod.  xi.  42.  Hence 
they  were  called  Cafillati,  Petron.  27. 

fioth  men  and  women  among  the  Gr^ks  and  Romans  used  to  let 
their  hair  grow  {pascere^  alere^  nutriref  prpmittere  vel  stdunittere)  in 
honour  of  some  divinity,  not  only  in  youth,  but  afterwards,  Firg. 
JEn.  vii.  391.  Stat.  Syh.  iii.  Praf.  et  carm.  4.  6.  Theb.  ii.  253.  vi. 
007.  Censorin.  de  D.  Jy.  1.  Plutarch,  in  Tkts.  as  the  Nazarites  amoi^ 
the  Jews,  Numb.  vi.  5.    So  Paul,  Act$^  xviii.  18. 

The  Britons  in  the  time  of  Cesar  shaved  the  rest  of  their  body, 
all  except  the  head  and  upper  lip,  Caa.  B.  C.  v.  10. 

In  gnef  and  mourning,  the  Romans  allowed  their  hair  and  beard 
to  grow,  (promittebant  vel  suhmitttbant^  Liv.  vi.  16.  Suet  Jul.  67. 
Aug.  23.  Cal  24.  or  let  it  flow  dishevelled,  {solvebant;^  Liv.  i.  26. 
Terent.  Heaut.  ii.  3.  45.  Vii^.  ^n.  iiL  65.  Ovid.  Fast.  ii.  813.  tore 
it^  (lacerabant  vel  evellebantf)  Cic.  Tusc.  iii.  26.  Curt.  x.  5.  or  co- 
vered it  with  dust  and  ashes,  l^ir^.  JEn.  xii.  609.  Catull.  xliv.  224. 
The  Greeks,  on  the  contrary,  in  gnef,  cut  their  hair  and  shaved  their 
beard,  Senec.  Bene/,  v.  6.  Plutarch,  in  Pelopid.  it  Alexand.  Bion. 
Eidyll.  1.  81.  as  likewise  did  some  barbarous  nations,  Sutt.  Cal.  5.. 
b  was  reckoned  ignominious  among  the  Jews  to  shave  a  person's 
beard,  2  Sam.  x.  4  Among  the  Catti^  a  nation  of  Germany,  a  young 
man  was  not  allowed  to  shave  or  cut  his  hair  till  he  had  slain  an  ene- 
my. Tacit.  d^Mor.  Germ.  31.  So  Civilis  acted  in  consequence  of 
a  vow.  Id.  Hist.  iv.  61. 

Those  who  professed  philosophy  also  used  to  let  their  beard  grow, 
to  give  them  an  air  of  gravity,  norat.  Sat.  i.  3.  133.  ii.  3.  35.  wtfrt 
Post.  297.  Hence  Barbatus  magister  for  Socrates,  Pers.  iv.  1.  but 
liber  barbatus^  i.  e.  villostiSf  rough.  Martial,  xiv.  84.  barbatus  vtrt/, 
without  shaving,  Id.  xi.  85.  18. 

Augustus  used  sometimes  to  clip  (tondere  forfice)  his  beard,  and 
sometimes  to  shave  it,  (radere  novacul&j  i.  e.  radendam  curare  vel 
facere,)  Suet.  Aug.  79.  So  Martial,  ii.  17.  Some  used  to  pull  the 
hair  from  the  root,  ( pilos  vellere,)  with  an  instrument  called  Voi,- 
6£iiiiA,  nippers  or  small  pincers,  Plaut.  Cure.  iv.  4.  22.  Suet.  Cos. 
45.  not  only  of  the  face,  but  of  the  legs,  &c.  Id.  Jul.  45.  .^ug.  68. 
Galb.  22.  Olh.  12.  Martial,  v.  62.  viii.  46.  ix.  28.  Quinctil.  i.  6.  v. 
&  viii.  praam,  or  to  burn  them  out  with  the  flame  of  nut  shells,  (su- 


S64  ROMAN  ANTIQUITIES. 

burere  nuce  ardentif)  Suet  Aug.  68.  or  of  walnut-Bhells,  (adureri 
candeniibus  juglandium  putaminibus  f)  as  the  tyrant  Dionysius  didt 
Cic.  Tusc.  V.  W.  Off.  ii.  7.  or  ^ith  certain  ointment  called  PsoiO- 
THRUM  vel  DROPAX,  MortiaL  iii.  74.  vi.  93.  x.  65.  or  with  hot  pitch 
or  rosioy  which  Juvenal  calls  calidi  fascia  ruct,  ix.  14.  for  this  pur- 
pose certain  women  were  employed*  called  Ustsicula,  TerttdL  de 
pall.  4.  This  pulling  of  the  hairs,  however,  was  always  reckoned 
a  mark  of  great  effeminacy,  Gell.  vii.  12.  Cic,  Rc(is.  Com.  7.  P/tn. 
£p.  29.  1.  a.  8.  except  from  the  arm-pits ;  {alee  vtl  axilla^)  Horat. 
Epod.  xii.  5.  Senec.  £p.  114.  Juvenal,  xi.  157.  as  likewise  to  use  a 
mirror  when  shaving,  juvenal.  ii.  99.  Martial,  vi.  64.  4. 

The  Romans  under  the  emperors  began  to  use  a  kind  of  penike 
or  periwuK,  to  cover  or  supply  the  want  of  hair,  called  CAPIIXA- 
MENTIJM,  Suet.  Cal.  II.  or  Gai.ekvs,  Juvenal,  vi.  120.  or  Gaue- 
RXCVLUJi,  Suet.  0th.  12.  The  false  hair,  (crines  ficti^  vel  sttpposiH^ 
seems  to  have  been  fixed  on  a  skin,  Martial,  xiv.  50.  This  contri- 
vance does  not  appear  to  have  been  known  in  the  time  of  Julius  Cs&- 
sar.  Suet.  Jul.  45.  at  least  not  used  by  men ;  for  it  was  used  by 
women,  Ovid.  Amor.  i.  14.  45. 

In  great  families  there  were  slaves  for  dressing  the  hair  and  for 
rfiaving,  (TONSORES,)  Ovid.  Met.  xi.  182.  Martial,  vi.  52.  and  for 
cutting  the  nails,  Plaut.Aul.  ii.  4.  33.  Tibull.  i.  8.  11.  Val.  Max.  m. 
2.  15.  sometimes  female  slaves  did  this,  (Tonstrices,)  Cic.  Tusc.  v. 
20.  Plaut.  True.  iv.  3.  59. 

There  were  for  poorer  people  public  barbers'  shops  or  shades, 
(TONSTRINiE,)  much  frequented,  Ter.  Pkorm.  i.  2,  39.  Horai. 
Ep.  i.  7.  50.  where  females  also  used  to  officiate,  Martial,  ii.  17.  . 

Slaves  were  dressed  nearly  in  the  same  manner  with  the  poor 
people,  (See  page  352 — 53.)  in  clothes  of  a  darkish  colour,  (pullati^) 
and  slippers,  {crepidati  ;)  hence  vestis  servilis,  Cic.  Pis.  38.  Servilis 
habitus.  Tacit.  Hist.  iv.  36. 

Slaves  in  white  are  mentioned  with  disapprobation,  Plaut.  Casiiu 
ii.  sc.  Suet.  Dom.  12.  They  wore  either  a  straight  tunic,  called 
ExoMis  or  DiPHTHERA,  Gell.  vii.  12.  Hesych.  16.  or  a  coarse  frock, 
(lacerna  et  cucullus,)  Horat.  Sat.  ii.  7.  54.  Juvenal,  iii'  170,  Mar- 
tial. X.  76. 

• 

It  was  once  proposed  in  the  senate,  that  slaves  should  be  distin- 

Suished  from  citizens  by  their  dress ;  but  it  appeared  dangerous  to 
iscover  their  number,  Senec.  de  clem.  i.  24.  Epu^.  18. 

Slaves  wore  their  beard  and  hair  long.  When  manumitted,  they 
shaved  their  head  and  put  on  a  cap,  (pileus,)  Juvenal,  v.  171.  Plant 
Amphit  i,  1.  306.    See  p.  43. 

In  like  manner,  those  who  had  escaped  from  shipwreck  shaved 
their  head,  Plaut.  Rud.  v.  2.  16.  Juvenal,  xli.  81.  Jjucian.  in  Ermo^ 
im.  In  calm  weather,  mariners  neither  cut  their  hair  nor  nails, 
Petron.  104.  Those  accused  of  a  capital  crime,  when  acquitted, 
cut  their  hair  and  shaved,  and  went  to  the  capitol  to  return  thanks 
to  Jupiter,  Martial,  ii.  74.  Plin.  Ep.  7.  27. 

The  ancients  r^^arded  so  much  the  cutting  of  the  hair,  that  they 


THE  ROMAN  DRESS.  365 

beKeved  no  one  died,  till  Proserpina,  either  in  person  or  by  the  mi- 
nistration otAtrdpos,  cut  off  a  hair  from  the  head,  vrhkh  was  consi- 
dered  as  a  kind  of  first  fruits  of  consecration  to  Pluto,  Virg,  JEn,  iv. 
69a  Hor.  Od.  i.  28. 20. 

U.  ROMAN  EirrERTAIKMENTS,  EXERCISES,  BATHS, 

PRIVATE  GAMES,  i^c. 

Thb  principal  meal  of  the  Romans  was  what  they  called  C(ENA, 
sapper ;  supposed  by  some  to  have  been  anciently  their  only  one, 

(^-'The  umud  time  for  the  cana  was  the  ninth  hour,  or  three  o'clock 
after  noon  in  summer,  Ctc.  Fam»  ix.  26.  Martial,  iv.  8.  6.  and  the 
tenth  hour  in  winter,  AucL  ad  Herenn.  iv.  51.  PUn. '  Ep.  iii.  1. 
It  was  esteemed  luxurious  to  sup  more  early,  Juvenal,  i.  49.  Plin. 
Pan.  49. 

,y-  An  entertainment  begun  before  the  usual  time,  and  prolonged 
till  late  at  night,  was  called  CONVIVIUM  INTEMPESTIVUll ; 
if  prolonged  till  near  morning,  Ccena  antxlucana,  Ctc.  Cat*  vl  10. 
Ctc.  Arch.  6.  Jlft<r.  6.  Verr.  lii.  25.  Sen.  14  Ail.  ix.  1.  Senec.  dt 
irt,  ii.  28.  StaeX.  Cal.  45.  Such  as  feasted  in  this  manner,  were 
said  emdari  vel  vivere  db  die,  Iav.  xxv.  23.  CaU  47.  6.  SutU  JVer. 
27.  Curt.  V.  22.  and  in  Diem  vivere,  when  they  had  no  thought  of 
futurity,  Ctc.  Phil.  ii.  34.  True.  v.  11.  Orat.  ii.  40.  Phil.  Ep.  v.  5. 
ft  thing  which  was  subject  to  the  animadversion  of  the  censors. 

About  mid-day  the  Romans  took  another  meal,  called  PRANDI- 
UM,  dinner,  which  anciently  used  to  be  called  COSNA,  (^wn^^  i.  e. 
ci6itf  communis,  a  pluribus  sumpius,  Plutarch.  Sympos.  viu.  9.  Isid. 
XX.  %  qu6  Plinius  alludere  xidetur,  Ep.  ii.  6.)  because  taken  in 
company,  and  food  taken  in  the  evening  was  called  (ctbus  vespertu 
ntis,)  YxspERNA ;  Festus  m  ccbna.  But  when  the  Romans,  upon 
the  increase  of  riches,  besan  to  devote  longer  time  to  the  cana  or 
common  meal,  that  it  mignt  not  interfere  with  business  it  was  defer- 
ed  till  the  evening ;  and  food  taken  at  mid-day  was  called  Prakdiom. 
At  the  hour  of  dinner  the  people  used  to  be  dismissed  from  the 

rctacles,  Suet.  Claud.  34.  Cal.  56.  58 ;  which  custom  first  began 
U.  693.  Dio.  xxxvii.  46. 

They  took  only  a  little  light  food  (ci6iim  levem  etfacilem  swne* 
bant,  V.  gustabanty)  Plin.  Ep.  iii.  4.  for  dinner  without  any  formal 
preparation ;  Cels.  i.  3.  Horat:  Sat.  L  6.  127.  ii.  4.  22.  Senec.  Epist. 
84.  Martial,  xiii.  30.  but  not  always  so,  Plaut.  Pan.  iii.  5.  14.  Ctc. 
Verr.  i.  19.  Horat.  Sat.  ii.  3. 245.  Suet.  Claud.  33.  Domit.  21. 

Sometimes  the  emperors  gave  public  dinners  to  the  whole  Ro- 
man'people.  Suet.  Jxd.  38.  Tib.  20. 

A  dinner  was  called  Prandium  caninum  vel  abstemium,  at  which 
no  wine  was  drunk,  {auod  canis  vino  caret,)  Gell.  xiii.  29. 

In  the  army,  food  taken  at  any  time  was  called  PRANDIUM,  Liv. 
xxviii.  14.  ami  the  army  after  it,  Pransus  paratus,  GelL  xv.  12. 


J 


386  ROMAN  ANTIQUITIES. 

Besides  the  /^raiuKum  and  cawi^  it  became  customaiy  to  take  ia 
the  maniiDg  a  breakfast,  (JENTACULUM,)  PkaU.  Cure.  I  I.  72. 
Suet.  Viiel.  li.  Martial.  ziiL  31.  xiv.  223.  and  something  de- 
licious  after  supper  to  eat  with  their  drink*  ^called  GOMISSA* 
TIO,  Suet.  ViteL  13.  Dwnit.  21.  They  used'  sometimes  to  sup  in 
one  place,  and  take  this  afler-repast  in  another.  Ibid.  Lro.  xL  7.  9. 
Phut.  Most.  i.  4.  5. 

As  the  entertainment  after  supper  was  often  continued  till  late  at 
night.  Suet.  T\t.  7.  hence  Comissabi,  to  feast  luxuriously,  to  revel, 
to  riot,  (KGjfMi^cfv,  a  wofMif  vicuSf  Festus  vel  potiui  a  Ku^m^,  Cbmitf ,  the 
od  of  nocturnal  merriment  and  feasting  amow  the  Greeks,)  Hor^ 
>d.  iv.  I.  9.  Quinct.  xl  3.  57.  COMI8SATIO,  a  feast  of  that 
load,  revelling  or  rioting  after  supper,  Cic.  Cat.  ii.  St.  Mur.  6.  Cat. 
15.  MartiaL  xii.  48.  11.  Comissatom,  a  person  who  indulged  itt 
svch  feasting,  a  companion  or  associate  in  feasting  and  reveUing, 
Tsr.  Adelph.  t.  2.  8.  Uv.  xl.  7.  Martial,  iv.  5.  3.  ix.  62.  15.  Pe- 
iron.  65.  Cell.  iv.  14.  Hence  Cicero  calls  the  favourers  of  the 
conspiracy  of  Catiline,  after  it  was  suppressed,  Cohissiatorbs  con- 

JURATIONIS,  Att.  i.  16. 

Some  took  food  betwixt  dinner  and  supper,  called  MERENDA, 
(qwa  vulgd  debatur  tu,  qui  sere  merebant,  i.  e  mercenariiSf  antc^ 
auam  labore  mitterentur  ;  a  domino  seu  conductore^)  Plant  Most.  iv. 
2.  50.  or  Antecceka,  vel  ^tum,  Isidor.  xx.  22. 

The  ancient  Romans  lived  on  the  simplest  fare,  chiefly  on  pot- 
ta^,  (pulsf)  or  bread  and  pot-herbs  :  (hence  every  thins  eaten 
with  bread  or  besides  bread,  was  afterwards  called  PULMENTUM 
or  PuLMXHTARinif,  (^viov,  opsonium,  called  in  Scotland,  Kitchen,) 
Plin.  xviii.  8.  Yarro.  de  Lat.  Line.  iv.  22.  Herat  Sat  ii.  2.  90. 
Ep.  i.  18.  48.  Senec.  £p.  87.  Phssdr.  iii.  7.  23.  Juvenal,  vii. 
lo5«  xiv.  171.  {Unclapulmentaria,  i.  e.lauta  et  delicatafercula^uiee 
delicate  dishes,  Pers.  iii.  102.)  Their  chief  magistrates,  and  most 
illustrious  generals,  when  out  of  c^ce,  cultivated  the  ground  with 
their  own  hands,  sat  down  at  the  same  board,  and  partook  of  the 
same  food  with  their  servants ;  as  Cato  the  Censor*  Plutarch.  They 
sometimes  even  dressed  their  dinner  themselves,  as  C[JRIUS,Pim, 
xix.  5.  s.  26.  Juvenal,  xi.  79.  or  had  it  brought  them  to  the  field 
by  their  wives,  MartiaL  iv.  64. 

But  when  riches  were  introduced  by  the  extension  of  conquest, 
th%  manners  of  the  people  were  changed,  luxury  seized  all  ranks, 
Savior  armis  luxuria  incubuit,  victumque  uldscitur  orbem,  JuvenaL 
vi.  291.  The  pleasures  of  the  table  became  the  chief  object  of  atten- 
tion. Every  thing  was  ransacked  to  gratify  the  appetite,  {vescendi 
causd  terrd  marique  omnia  exquirere,  &c.  Sail.  Cat.  13.  Gustus^  i.  e. 
dapes  delicataSf  dainties,  elemenia  per  omnia  quterunif  JuvenaL  xi« 
14.) 

Tlie  Romans  at  first  sat  at  meals,  Ovid.  Fast.  vi.  305.  Serv.  in 
Virg.  Mn.  vii.  176.  as  did  also  the  Greeks.  Homer's  heroes  sat  on 
separate  seats  (^^voi,  solia^  around  the  wall,  with  a  small  table  be- 
fora  each,  on  which  the  meat  and  drink  were  set,  Odyss.  i.  iiL  dcCt 


THE  ROMAN  DRESS.  367 

INK  A  viiL    So  the  Germans,  Taeii.  23.  and  Spaniards^  Strab.  ii.  p. 
156. 

^-  The  custom  of  reclining  {accumbendi,)  on  couches,  (LECTI  vel 
Tori,)  was  introduced  from  the  nations  of  the  east ;  at  first  adopted 
on^  by  the  men,  VaL  Max.  ii.  1.  2«  but  afterwards  allowed  also  to 
the  women.  It  was  used  in  Africa,  in  the  time  of  Scipio  Africanus 
the  elder,  Liv.  xviii.  28. 

The  images  of  the  gods  used  to  be  placed  in  this  posture  in  a  L«c- 
tistemium  ;  that  of  Jupiter  reclining  on  a  couch,  and  those  of  Juno 
and  Minerra  erect  on  seats,  Val.  Max.  ii.  1.3. 

C^  Boys  and  young  men  below  seventeen,  sat  at  the  foot  of  the  couch 
of  their  parents  or  friends,  (in  imo  Itcto  vel  subsellio,  vel  ad  Uctiful^ 
era  assuUbantf)  Suet.  Aug.  64.  at  a  more  frugal  table,  {propria  ei 
parciore  menaaf)  Tacit.  Ann.  xiii.  16,  sometimes  also  girls,  Suet. 
Claud.  33.  and  persons  of  low  rank,  Plaui.  Stick,  in.  3. 83.  v.  4.  3L 
Donat.  in  Vxt.  Ttrtnt. 
t^  The  custom  of  reclining  took  ()Iace  only  at  supper.  There  was 
no  formality  at  other  meals.  Persons  took  them  alone  or  in  compa- 
ny,  either  standing  or  sitting,  Sutt.  Aug.  78. 

^  The  place  where  they  supped  was  anciently  called  COENACU- 
LUM,  m  the  higher  part  or  the  house,  Varro.  dt  Lat.  Ling.  iv.  33, 
whence  the  whole  upper  part,  or  highest  story  of  a  house,  was  call- 
ed by  that  name,  Liv.  xxxix.  40.  Suet.  Vit.  7.  afterwards  CGBNA- 
TIO,  Suet  Ner.  31.  Juvenal  vii.  183,  or  TRICLINIUM,  Cic.  Att, 
53.  Suet.  Ges.  43.  7\b.  73.  because  three  couches  {r^of  xXnrai,  tre$ 
teetif  triclinares  vel  discubitorii)^  were  spread  (stemebanturf)  around 
the  table,  on  which  the  guests  might  recline,  Serv.  in  Virg.  ASn.  i. 

Olio. 

^On  each  couch  there  were  commonly  three.  Tbey  lay  with  the 
upper  parts  of  the  body  reclined  on  the  left  arm,  the  head  a  little 
raised,  the  back  supported  by  cushions,  {pulvini,  v.  -t//t,)  and  the 
limbs  stretched  out  at  full  length,  or  a  little  bent  ;  the  feet  of  the 
fhrst  behind  the  back  of  the  second,  and  his  feet  behind  the  back  of 
the  third,  with  a  pillow  between  each.  The  head  of  the  second 
was  opposite  to  the  breast  of  the  first,  so  that,  if  he  wanted  to  speak 
to  him,  especially  if  the  thing  was  to  be  secret,  he  was  obliged  to  lean 
upon  his  bosom,  (in  sinu  recumbere,  Plin.  Ep.  iv.  33.)  thus,  John, 
xiii.  33.  In  conversation,  those  who  spoke  raised  themselves  al- 
most upright,  supported  by  cushions.  When  they  ate,  they  raised 
themselves  on  their  elbow,  Horat.  Od.  i.  37.  8.  Sat.  ii.  4.  39.  and 
made  use  of  the  right  hand,  sometimes  of  both  hands ;  for  we  do  not 
read  of  their  using  either  knives  or  forks  :  hence  Manus  unctce,  Hor» 
Ep.  i.  16. 33. 

He  who  reclined  at  the  top,  {ad  caput  lecti,)  was  called  SUM- 
MITS vel  primus,  the  hi^est  ;  at  the  foot,  IMUS  vel  ultimts,  the 
lowest ;  between  them,  MEDIUS,  which  was  esteemed  the  most 
honourable  place,  Virg.  ib.  Horat.  Sat.  ii.  8.  30. 

If  a  consul  was  present  at  a  feast,  his  place  was  the  lowest  on  the 
middle  couch,  which  was  hence  called  Locus  Consularis,  because 


368  ROMAN  ANTIQUITIES. 

there  he  could  mogt  conveniently  receive  any  messues  that  wem 
sent  to  him»  Plutarch,  Svmpos,  il  3.  The  master  of  the  feast  re- 
clined at  the  top  of  the  lowest  couch,  next  to  the  consul. 

Sometimes  on  one  couch  there  were  only  two,  sometimes  four, 
Horat,  SaL  i.  4.  86.  It  was  reckoned  sordid  to  have  more,  Ctc. 
Pis.  27. 

Sometimes  there  were  only  two  couches  in  a  room ;  hence  called 
BICLINIUM,  QuinctiL  I  5.  Plaut.  Bacch.  iv.  5. 69  &  102. 

The  number  of  couches  depended  on  that  of  the  guests,  which 
Varro  said  ought  not  to  be  below  the  number  of  the  Graces,  nor 
above  that  of  the  Muses,  Gell.  xiii.  11.  So  in  the  time  of  Plautus, 
the  number  of  t^ose  who  reclined  on  couches  did  not  exceed  nine, 
Stkh.  iiL  2.  31.  iv.  2.  12.  The  persons  whom  those  who  were  in« 
vited  had  liberty  to  bring  with  them,  were  called  UMBIt£,  unin- 
vited guests,  Hor.  Sat.  ii.  8.  22.  Ep.  i«  v.  28. 

The  bedsteads  (Sponds)  and  feet  (Fulcra  vel  peeler)  were  made 
of  wood,  Ovid.  Met.  viii.  656.  sometimes  of  silver  or  ^old.  Suet. 
Jul.  49.  or  adorned  with  plates  {bractece  vel  lamina)  of  Silver,  Suet, 
Col.  22.  Martial,  viii.  35.  5.     On  the  couch  was  laid  a  mattress  or 

Juiit,  ^CuLCitA,  Juvenal,  v.  17.  Plin.  xix.  1.  vel  matta,  Ovid, 
ast.  VI.  680.)  stuffed  with  feathers  or  wool,  Cic.  TWc  iii.  19.  an- 
ciently with  hay  or  chaff,  {foBno  vel  acere  BnXpale&f)  Varro.  de  Lat. 
Ling.  iv.  35.  All  kinds  of  stuffing  {omnia  farcimina)  were  called 
TOMENTUM,  quasi  tondimentumy  Suet  Tib.  54.  Martial  xL  22. 
xiv.  15a 

A  couch  with  coarse  stuffing,  {cohdsa  pulsus,  i.  e.  arundines  palus^ 
ires^)  a  pallet,  was  called  Tomentum  CIRCENSE,  because  such  were 
used  in  the  circus  ;  opposed  to  Tomentum  Linooniciw,  v.  Lbuco* 
NicuM,  Martial,  xiv.  160.  Sen.  de  Vii.  Beat.  25. 

At  first,  couches  seemed  to  have  been  covered  with  herbs  or  leaves, 
Ovid.  Fast.  i.  200  &  205.  hence  LECTUS,  a  couch,  (auod  herhie 
etfrondibus  lectis  incubabant),  Varro.  de  Lat.  Ling.  iv.  o5.  vel  TO- 
RUS, {quia  veteres  super  herbam  tortam  discumbebant^  Id.  et  Serv. 
in  Vii^.  JEn.  L  708.  v.  388.  vel,  lU  alii  dicunt,  quod  lectus  toris,  i.  e. 
fundus  tender^tur,  Horat  Epod.  xii.  12.)  or  with  straw  {stramen 
vel  stramentum)  Plin.  viii.  48.  Horat  Sat.  ii.  3.  117. 

The  cloth  or  ticking  which  covered  the  mattress  or  couch,  the 
bed-covering  (operimentum  vel  involucrum,)  was  called  TORAL» 
Horat.  Sat.  ii.  4.  84.  Ep.  i.  5.  22.  by  later  writers,  Torale  Liniewn^ 
or  Seoestrb,  v.  -trum,  -irium,  Varro.  ibid. ;  or  Looix,  which  is  also 
put  for  a  sheet  or  blanket,  Juvenal,  vi.  194  viL  66.  Martial,  xiv. 
148.  152.  Lodiada,  a  small  blanket  or  flannel  coverlet  for  the  body. 
Suet.  AuR.  83. 

On  solemn  occasions,  the  couches  were  covered  with  superb 
cloth,  with  purple  and  embroidery,  (Straouia  vestis,)  Ctc.  Verr. 
iu  19.  Ltt>.  xxxiv.  7.  Horat.  Sat.  ii.  2.  3.  118.  picta  stragula^  Ti- 
bull.  i.  2. 79.  Textile  strt^gtUum,  an  embroidered  coverlet,  with  a 
beautiful  mattress  below  (pulcherrimo  strato,)  Cic.  Tusc.  v.  21. 
but  some  read  here  pulcherrime  ;  as,  Lectus  stratus  conchjfliato  pe* 


ROMAN  ENTERTAINMENTS,  &c.  369 

fistromattf  bespread  with  a  purple  covering,  Cic.  Phil.  ii.  27.  abo 
Attalica  peripelasmala,  Cic.  Verr.  iv.  12.  much  the  same  with 
what  Virgil  calls  suptrba  aulaa^  fine  tapestry,  Mn.  i.  697.  said,  to 
have  been  first  invented  at  the  court  {in  aula,  hinc  aulaa)  of  Atta« 
lus,  king  of  Pergamus,  Plin.  viii.  48.  Babylonica  perisiromata  coh' 
suiaque  tapttia^  wrought  with  needle-work,  PlauL  SticL  ii.  2.  54. 

Hangings  {aulma)  used  likewise  to  be  suspended  from  the  top  of 
the  room  to  receive  the  dust,  HoraL  Sat.  ii.  8.  54.  Serv.  in  Virg. 
JEn.  i.  697.  ^  c 

Under  the  emperors,  instead  of  three  couches,  was  introduced  the 
use  of  one  of  a  semicircular  fonn,  thus  C  ;  called  SIGMA,  from  the 
Greek  letter  of  that  name,  which  usually  contained  seven,  Martial. 
ix.  4a  sometimes  eight,  called  also  STIBADIUM,  Id.  xiv.  87.  But 
in  later  ages  the  custom  was  introduced,  which  still  prevails  in  the 
East,  of  sitting  or  reclining  on  the  floor  at  meat,  and  at  other  times, 
on  cushions,  AccuarrA,  Scholiast,  in  Juvenal,  v.  17.  Lamprid.  He* 
liog,  19  &  25.  covered  with  cloths,  AccoBrrALiA,  Treb.  PoIHq.  in 
Claud.  14. 

The  tables  (MENSiE)  of  the  Romans  were  anciently  square,  and 
called  CiBiiiLA,  Varro.  at  Lai.  Ling.  iv.  25.  Festus  ;  on  tnree  sides> 
of  which  were  placed  thcee  couches ;  the  fourth  side  was  left  empty 
for  the  slaves  to  bring  in  and  out  the  dishes.  When  the  semicircular 
couch  or  the  sxgma  came  to  be  used,  tables  were  made  round,  «/u* 
venal,  i.  137. 

The  tables  of  the  great  were  usually  made  of  citron  or  maple 
wood,  and  adorned  with  ivory,  Cic.  Verr^  iv.  17.  Martial,  xiv.  89 
&  90.  ii.  43.  Plin.  xiii.  15.  s.  29. 

The  tables  were  sometimes  brought  in  and  out  with  the  dishes  on 
them  ;  hence  Mensam  apponerg,  Plaut.  Asin.  v«  1.  2.  Id.  Most,  i. 
3.  150.  iii.  1.  26.  Cic.  Alt.  xiv.  21.  Ovid.  Met.  viii.  570.  et  aufer- 
RB,  Plaui.  Amph.  ii.  2.  175.  vtl  rbmovbre,  Virg.  Mn.  i.  220.  dec, 
627 ;  but  some  here  take  mensn  for  the  dishes.  Sometimes  the 
dishes  were  set  down  on  the  table ;  hence  cibum^  lances^patinas^  vel 
cmnam  mensis  apponerb,  Firg,  AEn.  iv.  602.  Cic.  Tusc.  v.  32.  Verr* 
iv.  22.  Att.  vi.  1.  Epulis  mtnsas  onerare^  Virg.  G.  iv.  388.  dembre 
vel  tollbre.  Plat.  Mil.  iii.  1.  55,  &c. 

Mensa  is  sometimes  put  for  the  meat  or  dishes,  (lanx^  patituif  pa^ 
telia  vel  discus ;)  hence  Prima  mens  a,  for  prima  fercula^  the  first 
course,  the  meat ;  Macrob,  Sat.  vii.  1.  Seconda  mensa,  the  second 
.course,  the  fruits,  &c.  bellaria^  or  the  dessert,  Cic.  Alt.  xiv.  6.  Fam. 
xvi.  21.  Virg.  G.  ii.  101.  J^ep.  Ages.  6.  Mittere  de  mensa^  to  send 
Eorae  dish,  or  part  of  a  dish,  to  a  person  absent,  Cic.  Alt.  v.  1.  Da« 
pen  menses  brevis^  a  short  meal,  a  frugal  table,  Horat,  Art.  p.  I98» 
mensa  ovima^  Sil.  x.  283. 

Virgil  uses  mensa  for  the  cakes  of  wheaten  bread  {adorea  Kba  vel 
cereale  solum.     SOLUM  omne  dicitur^  quod  aliquid  suslinet,  Serv*  < 
in  Virg.  Ed:  vr.'35.  iEn.  v.  119.  Ovid.  Met.  i.  73.)  put  under  the 
meat,  which  he  calls  orbes,  because  of  their  circular  figure,  and 
quadrcB,  because  each  cake  was  divided  into  four  parts^  quarters,  or 

47 


370  ROMAN  ANTIQUITIES- 

quadrants,  by  two  straight  lines  drawn  through  the  centre,  Virg*  Mtim 
vii.  116.  Hence  alitnA  vivtre  fUiic^r^,  at  another's  expense  or  ta- 
ble, Juvenal,  v.  %Jindetur  quadra,  i,e.  frustum  panis,  the  piece  of 
bread,  HoraL  Ep.  i.  17.  49.  So  quadra  placenUB  vel  casei.  Mar* 
tial.  vi.  75.  xii.  32.  18. 

A  table  with  one  foot  was  called  Monopodium.  These  were  of 
a  circular  figure,  {orbes^)  used  chiefly  by  the  rich,  and  commonly 
adorned  with  ivory  and  sculptures,  JuvenaL  i.  138.  xi.  133. 

A  side-board  was  called  ABACUS,  Liv.  xxxix.  6.  Ctc.  Ferr,  iv. 
16.  25.  Tusc.  V.  21.  or  Delphica, sc.  mensa^YeU  Schol.  in  Juvenal, 
iii.  204.  Martial,  xii.  67.  Cic.  Yerr.  iv.  59.  Lapis  albus,  i.  e.  men$a 
marmorea^  Horat.  Sat.  i.  6.  116. 

The  table  of  the  poorer  people  commonly  had  three  feet,  (Tripbs,) 
HoraL  SaL  i.  3.  23.  Ovid.  Met.  viii.  661.  and  sometimes  one  of  them 
shoiter  than  the  other  two,  Ovid.  Met.  viii.  661.  Hence  iwBquaUs 
mensa:.  Martial,  i.  56.  11. 

The  ancient  Romans  did  not  use  table-cloths,  (man/tVia,)  but  wi^ 
ed  the  table  with  a  sponge.  Martial,  xiv.  44.  or  with  a  coarse  cloth, 
{gau$&pe)f  Horat.  Sat.  ii.  8.  11. 
^  Before  the  guests  began  to  eat,  they  always  washed  their  hands, 
and  a  towel  (Sf  antile,  v.  -tele,  -telle^  -urn,  v.  -turn,)  was  furnished 
them  in  the  house  where  they  supped,  to  dry  them,  Virg.  .Sin.  i. 
702.  6.  iv.  377.  But  each  guest  seems  to  have  brought  with  him, 
from  home,  the  table-napkin  (MAPPA)  or  cloth,  which  he  used  in 
time  of  eating  to  wipe  his  mouth  and  hands.  Martial,  xii.  29.  Horat. 
ii.  8.  63.  but  not  always,  Hor.  Ep.  i.  5.  22.  The  mappa  was  some- 
times adorned  with  a  purple  fringe,  (lato  clavo,)  Mart  iv.  46.  17. 

The  guests  used  sometimes,  with  the  permission  of  the  master  of 
^  the  feast,  to  put  some  part  of  the  entertainment  into  the  mappa^  and 
give  it  to  their  slaves  to  carry  home.  Mart.  ii.  32. 

Table-cloths  (lintea  villosa,  gaus&pa  vel  maniilia,)  began  to  be  used 
under  the  emperors,  Martial,  xiv.  138.  xii.  29.  12. 

In  latter  times  the  Romans  before  supper  used  always  to  bathe, 
Plaut.  Stick.  V.  2.  19.  The  wealthy  had  baths,  (BALNEUM,  vel 
Balineum,  plur.  -necB  vel  a,)  both  cold  and  hot,  At  their  own  houses, 
Ctc.  de  Orat.  ii.  55.  There  were  public  baths  (Balnea)  for  the  use 
of  the  citizens  at  lai^e,  Ctc.  Cal.  26.  Horat.  Ep.  i.  1.  92.  where  there 
were  separate  apartments  for  the  men  and  women,  {balnea  virilia  et 
muliebria,)  Varro.  de  Lat.  Ling.  viii.  42.  Vitruv.  v.  10.  Gell.  x.  3. 
Each  paid  to  the  bath-keeper  {balneator)  a  small  coin,  {quadranif) 
Horat.  Sat.  i.  3.  137.  Juvenal,  vi.  446.  Hence  res  quadrantaria  for 
balneum,  Senec.  Epist.  86.  Quadrantaria  permutatis,  i.  e.  pro  quad- 
rante  copiam  sui  fecit,  Cic.  CobI.  26.  So  qtmdrantaria  is  put  for  a 
mean  harlot,  Quinctil.  viii.  6.  Those  under  age  pj^id  iiothing,  Juve- 
.    nal.  vi.  446.  /)^  ^  ^W  Vn 

J  The  usual  time  of  bathing  was  twoug^clock  {octava  hora)  in  sum- 
mer, and  three  in  winter,  Plin.  Ep.  '^TirMartiarx:^.  on  festival 
days  sooner,  Juvenal,  xi.  205. 

The  Romans  before  bathing  took  various  kinds  of  exercise,  (€«er- 


ROMAN  ENTERTAINMENTS.  &c.  371 

cilaliones  campestreSf  post  decisa  negotia  campo^  sc.  Martio,  Hor.  Ep.' 
i.  1.  59.)  as  the  ball  or  tennis,  (PILA,)  Horat.  Sat.  i.  5.  48.  throwing 
the  javelin,  and  the  discus  or  quoit,  a  round  bullet  of  stone,  iron,  or 
lead,  with  a  thong  tied  to  it,  Horat.  Od.  i.  8.  11.  the  PALUS,  or 
Pajlaqia,  Juvenal,  vi.  246.  (see  p.  317.)  riding,  running,  leaping,  &c. 
Suet.  Aug.  83.  Martial,  vii.  31. 

There  were  chiefly  four  kinds  of  balls ;  1. — PILA  trigonaus  vel 
TRiQON,  so  called,  because  those  who  played  at  it,  were  placed  in  a 
triangle,  (vfi/uvov,)  and  tossed  it  from  one  to  another ;  he  who  first  let 
it  come  to  the  ground  was  the  loser. — ^2.  F0I-.L1S  vel/o/Zicw/w*,  in- 
flated with  wind  like  our  foot-ball,  which,  if  large,  they  drove  with 
the  arms,  and  simply  called  Pila,  Prop.  iii.  12.  5.  or  Pila  vklox, 
Horat.  Sat.xx.  2.  II.  if  smaller,  with  the  hand,  armed  with  a  kind 
of  gauntlet;  hence  called  Follis  puoillatorius.  Plant.  Rud.  iii.  4. 

16.  Martial,  xiv.  47. 3.  PILA  PAGANICA,  the  villageball, 

stuffed  with  feathers ;  less  than  the  follis,  but  more  weighty,  jlfar- 

tial.  xiv.  45. 4.  HARPASTUM,  {ab  d^a^u,  rapio)  the  smallest 

of  all,  which  they  snatched  from  one  another,  Martial,  iv.  19.  vii.  31. 
Suet.  Aug.  83. 

Those  who  played  at  the  ball,  were  said  ludere  raptim,  vel  pilam 
revocare  cadentem,  when  they  struck  it  rebounding  from  the  ground ; 
when  a  number  played  together  in  a  ring,  and  the  person,  who  had 
the  ball,  seemed  to  aim  at  one,  but  struck  another,  ludere  datatim^ 
vel  non  speraio  fusienttm  redderc  gestus ;  when  they  snatched  the 
ball  from  one  another,  and  threw  it  aloft,  without  letting  it  fall  to  the 
ground,  ludere  expulsim,  vel  pilam  geminare  volantem,  Lucan.  ad 
5ison,  173.  Plant.  Cure,  ii,  3. 17.  Isidor.  i.  21. 
*^    In  country  villas  there  wag  usually  a  tennis-court,  or  place  for 
playing  at  the  ball,  and  for  other  exercises,  laid  out  in  the  form  of  a 
circus  ;  hence  called  Spharisterium,  Suet.  Vesp.  20.  Plin.  Ep.  ii. 
17.  V.  6. 
^  Young  men  and  boys  used  to  amuse  themselves  in  whirling  along 
a  circle  of  brass  or  iron,  set  round  with  rings,  as  our  children  do 
wooden  hoops.    It  was  called  TROCHUS,  (a  t^sx"»  curro,)  and 
Groecus  trochus,  because  borrowed  from  the  Greeks,  Horat.  Od.  iii. 
24.  57.  Martial,  xi.  22.  xiv.  169.     The  top  (Tubbo  vel  buxum)  was 
peculiar  to  boys,  Virg.  Xn.  vii.  378.  Pers.  iii,  51.     Some  confound- 
ed these  two,  but  improperly. 

Those  who  could  not  join  in  these  exercises,  took  the  air  on  foot, 
•in  a  carriage,  or  a  litter. 

There  were  various  places  for  walking,  (AMBULACRA  vel  AM- 
BULATIONES,  uhi  spatiarentur,)  both  public  and  private,  under 
the  open  air,  or  under  covering,  Cic.  Dom.  44.  Orat.  ii.  20.  Alt.  xiii. 
29.  ad  Q.  Fratr.  iii.  17.  Gell.  i.2.  Horat.  Od.  ii.  15. 16,  Ep.  i  10.  22. 
Juvenal,  iv.  5.  vi.  60. 

Covered  walks,  (PORTICUS,  porticos  or  piazzas,)  were  built  in 
different  places,  chiefly  round  the  Campus  Martius  and  forum,  sup- 
ported by  marble  pillars,  and  adorned  with  statues  and  pictures, 
some  of  them  of  immense  extent ;  as  those  of  Claudius,  Martial,  dt 


372  ROMAN  ANTIQUITIES. 

^ecL  ii.  9.  of  Augustus,  Suet,  31.  of  Apollo,  Prop.  ii.  31.  1.  OviJL 
TrisL  ill.  1.  59.  of  Nero,  Swt.  Mr.  31.  of  Pompey,  Cic.  de  Fat.  4. 
Ovid.  Art.  Am.  i.  67.  of  Livia,  Plin.  Ep.  l  5.  6lc. 

Porticos  were  employed  for  various  other  purposes  besides  taking 
exercise.  Sometimes  the  senate  was  assembled,  and  courts  of  jus- 
tice held  in  them. 

A  place  set  apart  for  the  purpose  of  exercise  on  horseback  or  in 
yehicles, .  was  called  6ESTATI0.  In  villas  it  was  generally  con- 
tiguous to  the  garden,  and  laid  out  in  the  form  of  a  circus^  Plin. 
Epist  1.  3.  ii.  17. 

An  enclosed  gallery,  with  large  windows  to  cool  it  in  summer, 
was  called  Cryptoporticus,  Plin.  Epist.  ii.  17.  v.  6.  commonly  with 
a  double  row  of  windows,  Id.  \ii.  21. 

Literary  men,  for  the  sake  of  exercise,  {stomachi  caus&i)  used  lo 
read  aloud,  {dare  et  intente  legere,)  Plin.  Kp.  ix.  36. 

As  the  Romans  neither  wore  linen,  nor  used  stockings,  frequent 
bathing  was  necessary  both  for  cleanliness  and  health,  especially  as 
thev  took  so  much  exercise. 

Anciently  they  had  no  other  bath  but  the  Tiber.  They  indeed 
had  no  water  but  what  they  drew  from  thence,  or  from  wells  in  the 
city  and  neighbourhood ;  as  the  fountain  of  Egtria^  at  the  foot  of 
Mount  Aventine  Liv.  u  19.  Ovid.  Fast.  iii.  273.  Juvenal,  iii.  13.  of 
Mercury,  Ovid.  Fast,  v.  673.  &c. 

The  nrst  aqueduct  at  Rome  was  built  by  Appius  Claudius,  the 
censor,  about  the  year  of  the  city  441.  Diodor.  xx.  36.  Seven  or 
eight  aqueducts  were  afterwards  built,  which  brought  water  to  Rome 
from  the  distance  of  many  miles,  in  such  abundance  that  no  city  was 
better  supplied. 

The  aqueducts  were  constructed  at  a  prodigious  expense,  carried 
throuj|;h  rocks  and  mountains,  and  over  valleys,  supported  on  stone 
or  brick  arches.  Hence  it  is  supposed  the  Romans  were  ignorant 
that  water  conveyed  in  pipes- rises  to  the  height  of  its  source,  what- 
ever be  the  distance  or  inequality  of  ground  tnrough  which  it  passes. 
It  is  strange  they  did  not  discover  this  fact,  considering  the  frequent 
use  they  made  of  pipes  {fistula)  in  conveying  water.  That  they 
were  not  entirely  ignorant  of  it,  appears  from  rliny,  who  soiysj  Aqua 
in  vel  t  plumbo  subit  altitudinem  exortus  sui,  water  in  leaden  pipes 
rises  to  the  height  of  its  source,  xxxi.  6.  s.  31.  The  truth  is,  no  pipes 
could  have  supported  the  weight  of  water  conveyed  to  the  city  in 
the  Roman  aqueducts. 

The  waters  were  collected  in  reservoirs,  called  CASTELLA, 
and  thence  distributed  throughout  the  city  in  leaden  pipes,  Plin. 
xxxvi.  15.  Horat.  Ep.  i.  10.  20. 

When  the  city  was  fully  supplied  with  water,  frequent  baths  were 
built,  both  by  private  inaividuals  and  for  the  use  of  the  public  ;  at 
first,  however,  more  for  utility  than  show,  {in  usum,  non  oblectamen" 
i%im^)  Senec.  Ep.  86. 

It  was  under  Augustus  that  Jbaths  first  began  to  assume  an  air  of 
grandeur,  and  were  called  THBRMJE,  i^iUMi,  calores,  L  e. 


ROMAN  tlNTERTAINMENTS,  &c  373 

■ 

nqua^  Liv.  XXX vL  15.)  bagnios  or  hot  baths,  although  they  also  con- 
tained cold  baths.  An  incredible  number  of  these  were  built  up  and 
down  the  city,  Plin.  Epist.  iv.  8.  authors  reckon  above  eight  hun- 
dred, many  of  them  built  by  the  emperors  with  amazing  magni- 
ficence. The  chief  were  those  of  Agrippa,  near  the  Panthlon^  Dio. 
iiii.  27.  Martial,  iii.  20.  of  Nero,  Martial,  vii.  33.  StaL  Silv.  i.  5. 
61.  of  Titus,  Suet.  7.  of  Domitian,  Suet.  5.  of  Caracalla,  Antoni- 
nus, Dioclesian,  &c.    Of  these  splendid  vestiges  still  remain. 

The  basin  {iabrum  aut  lacvs)  where  they  bathed,  was  called  BAP- 
TISTERIUM.  NATATIO  or  Piscina.  The  cold  bath  was  called 
FRIGIDARIUM,  sc.  ahenum  v.  balneum;  the  hot.  CALDARIUM, 
and  the  tepid,  TEPIDARIUM.  The  cold  bath  room  was  called 
Cella  Frigidaria  ;  and  the  hot,  Cella  Caij>aria,  Plin.  Epist. 
V.  5.  Vitruv.  v.  10,  the  stove-room,  Hypocauston,  or  Vaporari- 
um, Cic.  Q.  Fratr.  iii.  1.  warmed  by  a  furnace  (pronigneum  vel  pra- 
fumiutn)  below,  Plin.  Ep.  ii.  17.  adjoining  to  whicn  were  sweating 
rooms,  (SUDATORIA,  Senec.  Epist.  62.  vel  Assa,  sc.  balnea  ;  Cic. 
Q.  Fratr.  iii.  1. ;)  the  undressing  room  was  named  AponiTARmVy 
Cic.  ibid.  Plin.  Ep.  v.  6.  the  perfuming  room,  Unctuarium,  ii.  17. 
Several  improvements  were  made  in  the  construction  of  baths  in  the 
time  of  Seneca,  Epist.  90. 

The  Romans  began  their  bathing  with  hot  water,  and  ended  with 
cold.  The  cold  bath  was  in  great  repute,  after  Antonius  Musa  re- 
covered Augustus  from  a  dangerous  disease  by  the  use  of  it ;  Suet. 
Aug.  lix.  81.  Plin.  xxix.  1.  Horat.Ep.  i.  15.  but  fell,  into  discredit 
after  the  death  of  M arcellus,  which  was  occasioned  by  the  injudi- 
cious application  of  the  same  remedv,  Dio.  Iiii.  30. 

The  person  who  had  the  charge  of  the  bath  was  called  BALNE- 
ATOR,  Cic.  Cal.  26.  Phil.  xiii.  12.  He  had  slaves  under  him, 
called  Capsarii,  who  took  care  of  the  clothes  of  those  who  bathed. 
The  slaves  who  anointed  those  who  bathed,  were  called  ALIP- 
TiE,  Cic.  Fam.  L  9.  35.  Juvenal,  iii.  76.  vi.  421,  or  Uvctorbs, 
Martial,  vii.  31. 6.  xii.  71.  3. 

The  instruments  of  an  Aliptes  were  a  curry-comb  or  scraper, 
(8TR1G1LIS,  V.  il.)  to  rub  off  {ad  defricandum  et  destringendum 
vel  radendum)  the  sweat  and  filth  from  the  body ;  made  of  horn  or 
brass,  sometimes  of  silver  or  gold.  Suet.  Attg.  80.  Horat.  Sat.  ii.  7.  } 
110.  Pers.  V.  126.  Martial,  xiv.  51.  Senec.  Epist.  95.  whence  strig- 
menta  for  sordes  ; — ^towels  or  rubbing  cloths,  (LINTEA,) — a  vial  or 
cruet  of  oil,  (GUTTUS,)  Juvenal.  xi.l58.iisually  of  horn,  (come- 
ts,) hence  a  large  horn  was  called  Rhinoceros,  Juvenal,  iii.  263. 
vii.  130.  Martial,  xiv.  52.  53.  Gell.  xvii.  8.  a  jug  :  (ampulla,) 
Plaut.  Stick,  i.  3.  77.  Pers.  i.  3.  44.  and  a  small  vessel  called  Leu" 
iicula^  a  Chrismatery. 

The  slave  who  had  the  care  of  the  ointments  was  called  Ungcbn- 
tarius,  Serv.  in  Virg.  Mn.  i.  697. 

W'As  there  was  a  great  concourse  of  people  at  the  baths,  poets  some- 
times read  their  compositions  there  ;  Horat.  Sat.  i.  4.  73.  Martial. 
iii  44. 10.  as  they  also  did  in  the  porticos  and  other  places,  Juve- 


374  ROMAN  ANTIQUITIES- 

nal.  i.  12.  vii.  39.  Plin.  Epist.  i.  13.  iii.  18.  vii.  17.  viiL  12.  SueU 
Aug.  89.  Claud.  41.  Domit.  2.  chiefly  in  the  months  of  July  and 
Ai^st,  Plin.  Epist.  viii.  21.  Juvenal,  iii.  9. 

iy^  Studious  men  used  to  compose,  hear,  or  dictate  something  while, 
they  were  rubbed  and  wiped.  Suet.  Aug.  S5.  Plin.  Epist.  iii.  5.  iv. 
14 

.         Before  bathing,  the  Romans  sometimes  used  to  bask  themaelyes 
^ ""  in  the  sun,  (sole  uti,)  Plin.  £p.  iii.  5.  vi.  16.  Sen.  £p.  73.    In  solc^ 
si  caret  vento^  ambulet  nudus,  sc.  Spurrina,  Plin.  Ep.  iii.  1. 

Under  the  emperors,  not  only  places  of  exercise,  {gymnasia  ei 
palestra^)  but  also  libraries,  (bibliotheceBj)  were  annexed  to  the  public 
oaths,  Senec.  de  Tranquil.  An.  9. 

The  Romans  after  bathing  dressed  for  supper.  They  put  on  the 
SYNTHESIS  {vestis  canaioria  vel  accubatoria)  and  slippers ;  which, 
when  a  person  supped  abroad,  were  carried  to  the  place  by  a  slave, 
with  other  things  requisite  ;  a  mean  person  sometimes  carried  them 
himself,  Horat.  Ep.  i.  13. 15.  It  was  thought  very  wrong  to  appear 
at  a  banquet  without  the  proper  habit,  Cic.  Vat.  12.  as  among  the 

•    Jews,  Jlfa</A.  xxii.  11. 

^     After  exercising  and  bathing,  the  body  required  rest ;  hence  pi 
bably  the  custom  of  reclining  on  couches  at  meat.     Before  they  la^ 
down,  they  put  off  their  slippers,  that  they  might  not  stain  tl 
couches.  Martial,  iii.  50.  Horat.  Sat.  ii.  8.  77.  ^ 

y      At  feasts  the  guests  were  crowned  with  garlands  of  flowers,  herosi, 

^  or  leaves,  {serta^  coroncB^vel  corollcB^)  tied  and  adorned  with  riband^, 
{vittcBf  tenicBj  vel  lemniscij)  or  with  the  rind  or  skin  of  the  linden  tree, 
{philyra,)  Horat.  Od.  ii.  7.  23.  ii.  11.  13.  Sat.  ii.  3.  256.  Virg-  EcL 
vi.  16.  Juvenal,  v.  36.  iv.  50.  Martial,  xiii.  127.  Ovid.  Fast  v. 
337.  Plin.  xvi.  14,  These  crowns,  it  was  thought,  prevented  in- 
toxication :  hence  cum  corona  ebrius,  Plant.  Pseud,  v.  2.  Amph. 
iii.  4.  16. 

Their  hair  also  was  perfumed  with  various  ointments  ;  {unguenta 
vel  aromata,)  nark  or  spikenard,  Nardum,  vel  -u^,  Malobaturuii 
AssTRiUM,  Horat.  ibid.  Martial,  iii.  12.  Amomuh,  Virg.  EcL  iii.  89. 
iv.  25.  Balsamum  ex  Judcsa,  Plin.  xii.  25.  s.  54.  &c. — When  fo- 
reign ointments  were  first  used  at  Rome,  is  uncertain ;  the  selling  of 

1/  them  was  prohibited  by  the  censors,  A.  U.  565.  Plin.  xiii.  3.  s.  5. 

^  The  Romans  began  their  feasts  by  prayers  and  libations  to  the 
gods  :  (deos  invocabant,  Quiiictilian,  v.  pr.  Libare  diis  dopes  et  bene 
precarij  Liv,  xxxix.  43.)  They  never  tasted  any  thing  without  con- 
secrating it ;  Tibull.  i.  1.  19.  They  usually  threw  a  part  into  the 
fire  as  an  offering  to  the  Lares,  therefore  called  Dii  patellaxii, 
Plaut.  Cist.  ii.  1.  46.  Hence  Dapes  libat^  ;  Horat.  Sai.W.  6.  67. 
and  when  they  drank,  they  poured  out  a  part  in  honour  of  some  god 
on  the  table,  which  was  held  sacred  as  an  altar,  Macrob.  Sat.  iii«  11. 
Virg.  Mn.  i.  736.  Sil.  vii.  185.  748.  Plaut.  Cure.  i.  2.  31.  Ovid. 
Amor.  i.  4.  27.  with  tlus/ormu/c,  Libo  tibi,  Tacit.  Annal.  xv.  64.; 

The  table  was  consecrated  by  setting  on  it  the  images  o&the  iMres 
.and  salt-holders,  {salinorum  appositu,)  Arnob.  ii. 


ROMAN  ENTERTAINMENTS,  &c  375 

Salt  was  held  in  great  veneration  by  the  ancients.  It  was  always 
used  in  sacrifices,  Horat.  Od.  iii.  23.  20.  Plin.  xxxi.  7.  s.  41.  thus 
also  Moses  ordained,  Levit.  ii.  13.  It  was  the  chief  thing  eaten  by 
the  ancient  Romans  with  bread  and  cheese,  Plin.  ibid,  Horat,  SaL 
iu  2.  17.  as  cresses,  {nasturtium)  by  the  ancient  Persians,  Cic,  T\Lse. 
V.  34.  Hence  Salariuh,  a  salary  or  pension,  Plin.  ibid.  Suet,  Tib. 
46.  MartiaL  iii.  7.  thus,  Solaria  multis  subtraxit^  quos^  otiosos  videbat 
acnipere,  sc.  Antoninus  Pius,  Capitolin,  in  vita  ejus,  7. 

A  family  saltcellar  Cpaternum  salinum,  sc.  vas)  was  kept  with 
great  care,  Horat.  Od,  ii.  16.  14.  To  spill  the  salt  at  table  was 
esteemed  ominous,  Festus.  Setting  the  salt  before  a  stranger  was 
reckoned  a  symbol  of  friendship,  as  it  still  is  by  eastern  nations. 

From  the  savour  which  salt  gives  to  food,  and  the  insipidity  of  un- 
aalted  meat,  sal  was  applied  to  the  mind,  Plin,  xxxi.  7.  s.  41.  hence 
SAL,  wit  or  humour ;  salsiis,  witty ;  insalsus,  dull,  insipid  ;  sales^ 
witty  sayings ;  sal  ,^tticumt  sales  urbani,  Cic.  Fam.  ix.  15.  Sales  in* 
tra pomcsrianati,  poMie  raillery  or  repartees,  Juvenal,  ix.  11.  Sal 
niger,  i.  e.  amari  sales ^  bitter  raillery  or  satire,  Horat,  Ep,  ii.  2.  60. 
but  in  Sat.  ii.  4.  74.  sal  nigrum  means  simply  black  salt, 

Sal  h  metaphorically  applied  also  to  tnings  ;  thus,  Tectum  plus 
salis  quam  sumptus  habebaty  neatness,  taste,  elegance,  Nep,  Att,  13. 
Nulla  in  corpore  mica  salis,  Catull.  84.  4, 

The  custom  of  placing  the  images  of  the  gods  on  the  table,  pre- 
vailed also  among  the  Greeks  and  Persians,  particularly  of  Hercules ; 
hence  called  Epitrapezius,  Stat.  Sj/lv,  iv.  6.  60.  Martial,  ix.  44. 
and  of  making  libations,  Curt,  v.  8. 

In  making  an  oath  or  a  prayer,  the  ancients  touched  the  table  as 
an  altar,  Ovid,  Amor,  i,  4. 27.  and  to  violate  it  by  any  indecent  word 
or  action  was  esteemed  impious,  Juvenal,  ii.  1 10.  To  this  Virgil 
alludes,  JEn,  vii.  114. 

As  the  ancients  had  not  proper  inns  for  the  accommodation  of 
travellers,  the  Romans,  when  they  were  in  foreign  countries,  or  at  a 
distance  from  home,  used  to  lodge  at  the  houses  of  certain  persons, 
whom  they  in  return  entertained  at  their  houses  in  Rome. — This 
was  esteemed  a  very  intimate  connexion,  and  called  HOSPITIUM, 
or  Jus  Hospitii,  Liv.  i.  1.  Hence  HOSPES  is  put  both  for  an  host 
or  entertainer,  and  a  guest,  Ovid,  Met.  x.  224.  Plaut,  Most,  ii.  2. 
48.  Cic,  Dejot.  3.  Accipere  hospitem  non  multi  cibi  sed  multi  joci^ 
Cic.  Pam.  ix.  26.  Diverttre  ad  hospitem,  De  Divin.  i.  27.  s.  57. 
Fin.  V.  2.  Hospitium,  cum  aliqno  facere,  Liv.  et  Cic.  Jungimus  hos* 
pitio  dextras,  sc.  in  Virg.  JEn.  iii.  83.  Hospitio  conjungi,  Cic.  Q.  Fr. 
i.  1.  Hospitio  aliqnem  excipere  et  accipi  ;  renunciare  hospitium  ei, 
Cic.  Verr.  ii.  36.  Liv.  xxv.  18.  Amicitiam  ei  more  majorum  rentm- 
•  dare.  Suet.  Cal.  3.  Tacit.  Ann.  ii.  70.  Domo  interdicere,  Id.  Aug. 
66.  Tacit.  Ann.  vi.  29. 

This  connexion  was  formed  also  with  states,  by  the  whole  Roman 

people,  or  by  particular  persons,  Liv.  ii.  22.  v.  28.  xxxvii.  54.  Cic. 

Verr,  iv.  65.  Balb.  18.  Cas.  B.  G.  i.  31.     Hence  Clientele,  hos^ 

pitiaque  provindaliay  Cic.  Cat.  iv.  11.    Publici  hospitii  jura,  Plin. 

iii.  4. 


376  ROMAN  ANTIQUITIE& 

Individuals  used  ancieatly  to  have  a  tally,  (TESSERA  hospUtiti' 
iatiSf)  or  piece  of  wood  cut  into  two  parts,  of  which  each  part; 
kept  one,  Plant.  Pan.  v.  1.  22.  &  2.  92.  They  swore  fidelity  to 
one  another  by  Jupiter  :  hence  called  Hospitaus,  Cic.  Q.  Fr.  tu 
1 1.  Hence  a  person  who  had  violated  the  rights  of  hospitality^ 
and  thus  precluded  himself  access  to  any  family,  was  said  confre- 

OlSSE  TB88BRAM,  Plout,  CisL  lU  21. 

A  league  of  hospitality  was  sometimes  formed  by  persons  at  a  dis- 
tance, by  mutually  sending  presents  to  one  another,  qucR  mittU  darutt 
hospitio  quumjungeret  absens  CcBdUuSfWrg.  iEn.  ix.  361. 

The  relation  of  hospites  was  esteemed  next  to  that  of  parents  and 
clients,  GelL  i.  13.  To  violate  it  was  esteemed  the  greatest  impie- 
ty, yirg.  Mn.  v.  55.  Cic.  Vtrr.  v.  42. 

The  reception  of  any  stranger  was  called  Hospitiumj  or  plur.  -ia^ 
Ovid.  Fast.  vi.  536.  and  also  the  house  or  apartment  in  which  he 
was  entertained  :  thus,  hospitium  sit  tua  villa  meum^  Ovid.  Pont,  k 
8.  69.  Divisi  in  hospitia^  lodgines,  Liv.  ii.  14.  Hospitale  cufctcu/um, 
the  guest-chamber,  Liv.  i.  58.  Hospitio  utebatur  Tulll,  lodged  at  the 
house  of,  lb.  35.  Hence  Florus  calls  Ostia,  Maritimum  urbis  hospi' 
Itum,  i.  4  So  Virgil  calls  Thrace,  Hospitium  antiauum  TrojtB^  a 
place  in  ancient  hospitality  with  Troy,  Mn.  iii.  15.  tinquere  pollur 
turn  hospitium^  i.  e.  locum  in  quo  jura  hospitii  violatafiurant,  lb.  61. 

The  Roman  nobility  used  to  build  apartments  (domunculai)  for 
strangers,  called  HOSPITALIA,  on  the  riffht  and  left  end  of  their 
houses,  with  separate  entries,  that,  upon  their  arrival,  they  mighl 
be  received  there,  and  not  into  the  peristyle  or  principal  entry  ;  (Ps- 
RisTYLiuM,  so  Called  because  surrounded  with  columns,}  Vitruv,  vL 
10.  Suet.  Aug.  82. 
• 

The  CCENA  of  the  Romans  usually  consisted  of  two  parts,  called 
Mens  A  prima,  the  first  course,  consisting  of  different  kinds  of  meat ; 
and  Mensa  secunda  vel  altera,  second  course,  consisting  of  fruits 
and  sweetmeats,  Serv.  in  Virg.  Mn.  i.216.  723.  viii.  283. 

In  later  times,  the  first  part  of  the  cana  was  called  6USTATI0, 
Petron.  22.  31.  or  Gustos,  consisting  of  dishes  to  excite  the  appe- 
tite, a  whet,  Martial,  xi.  32.  53.  and  wine  mixed  with  water  and 
sweetened  with  honey,  called  M ULSUM  ;  Horat.  Sat.  ii.  4  26.  Cic. 
Tusc.  iii.  19.  Orat.  ii.  70.  Fin.  ii.  5.  s.  17.  Plin.  xxii.  24.  whence  what 
was  eaten  and  drunk  (antecana)  to  whet  the  appetite,  was  named 
PROMULSIS,  Cic.  Jam.  ix.  16.  23.  Sentc.  Ep.  123.  and  the  place 
where  these  things  were  kept,  Promdlsidarium,  v.  .r«,  or  Gusta- 
TORiuM,  Petron.  31.  Plin.  Ep.  v.  6.  Martial,  xiv.  88.  Plin.  ix.  12. 

But  gustatio  is  also  put  for  an  occasional  refreshment  through  the 
day,  or  for  breakfast,  Plin.  Ep.  iii.  5.  vi.  16.  Suet.  Aug.  76.  vopisc. 
Tac.  11. 

The  principal  dish  at  supper  was  called  COEN-fi  CAPUT  vel 
PoMPA,  Martial,  x.  31  Cic.  Tusc.  34.  Fm.  ii.  & 
The  Romans  usually  began  their  entertainments  with  eggs,  and 


ROMAN  ENTERTAINMENTS,  &c.  377 

•iidel  with  fruits  :  hence  Ab  ovo,  usqub  ad  mamjl^  from  the  begin* 
ning  to  the  end  of  supper,  Horat.  Sat.  i.  3.  6.  Cic.  Fam.  20. 

The  dishes  ^erfu/ia)  held  in  the  highest  estimation  by  the  Romans 
are  enumerated,  Gell^  vii.  16.  Maerob.  SaL  ii.  9.  Siat.  Sih.  iv.  6.  a 
Mariial.  v.  79.  ix.  48.  xi.  53.  &c.  a  peacock,  (Pato,  v.  -tw,)  Horai. 
Sal.  ii.  2.  23.  Juvenal,  i.  143.  first  used  by  Hortensius,  the  orator,  at 
a  supper,  which  he  gave  when  admitted  into  the  college  of  priests  ; 
(adiiuUi  c<zn&  sacerdoiiU)  Plin.  x.  20.  s.  23.  a  pheasant,  (phasiama, 
ex  Phasi  Cotchidig^fluvio^)  Martial,  iii.  58.  xiii.  72.  Senec.  ad  Helv. 
9.  Petron.  79.  Mani).  v.  372.  a  bird  called  AtiOgen  vel  -ino,  from 
Ionia  or  Phrygian  Horat.  EpotL  ii.  54,  Martial,  xiii.  61.  a  ffuinea-hen ; 
(avis  Afra^  Horat.  ibid.  Galtina  Numidica  vel  ^ricana,  Juvenal,  xi* 
142.  Martial.  xiiL  73.)  a  Melian  crane,  an  Ambracian  kid ;  nightin- 
gales, lusdnite  ;  thrushes,  turdi  ;  ducks,  geese,  &c.  Tomacui.um,  (a 
r«fi.v6i,)  vel  IsiciuM,  (ab  inalco)  sausages  or  puddings,  Jupenal.  x. 
355.^artial.  i.  42. 9.  Peiron.  31. 

Sometimes  a  whole  boar  was  served  up  ;  hence  called  AnmaIi 
paopTBR  coifviviA  NATUM,  Juzeuol.  i.  141.  and  Poacus  Trojanus, 
stufied  with  the  flesh  of  other  animals,  Maerob.  Sat,  ii.  9. 

The  Romans  were  particularly  fond  of  fish,  Maerob.  Sat.  ii.  11. 
Mtdlusj  the  mullet ;  rhombtu^  thought  to  be  the  turbot ;  munsna^  the 
lamprey ;  scarus^  the  scar  or  schar ;  accipenaer^  the  sturgeon ;  lupus^ 
a  pike,  &c.  but  especially  of  shell-fish,  pUcei  testacti^  pectines^  pec* 
tuncuti^  vel  conchylia,  ostrea^  oysters,  &c,  which  they  sometimes 
brought  all  the  way  from  Britain,  Rutupinoque  edita  fundo^  from 
Rutupia^  Richborough  in  Kent,  Juvenal f  iv.  141.  also  snails,  (coch' 
Ufty)  Plin.  Ep.  i.  15. 

Oyster-beds  {ostreamm  vivaria)  were  first  invented  by  one  Ser- 
gius  Arata,  before  the  Marsic  war,  A.  U.  660.  on  the  shore  of  Bai8B« 
U/i^iano,)  and  on  the  Lucrine  lake,  Plin.  ix.  54.  s.  79.  Hence 
Lucrine  oysters  are  celebrated  Horat.  Epod.  2.  49.  Some  prefer- 
red those  of  Brundusium  :  and  to  settle  the  difference,  ovsters  used 
to  be  brought  from  thence  and  fed  for  some  time  on  the  Lucrine 
Take,  Plin.  ibid. 

The  Romans  used  to  weigh  their  fishes  alive  at  table  ;  and  to  see 
them  expire  was  reckoned  a  piece  of  high  entertainment,  Plin.  ix* 
17.  8.  30.  Senec.  Nat.  Q.  iii.  17  &  18. 

The  dishes  of  the  second  table  or  the  dessert,  were  called  BELi- 
LARIA  ;  including  fruits,  poma  yel  mala^  apples,  pears,  nuts,  fig8» 
olives,  grapes,  Pislachice,  vel  -a,  Pistachio  nuts  ;  wnmgd&lm^  al- 
monds ;  uv(z  passa^  dried  grapes,  raisins ;  earica^  dried  igji ;  palmu' 
la,  cary^la,  vel  dactyli,  dates,  the  fruit  of  the  palm  tree  ;  6ote/», 
mushrooms,  Plin.  Ep.  i.  7.  «i«c/«i  pimi  ;  the  kernels  of  pine-nuts ; 
also  sweetmeats,  confects,  or  confections,  called  Edulia  mellita  vel 
dulciaria  ;  cupedia,  crustula,  liba,  placenta,  ortologdni^  cheese- 
cakes, or  the  like :  ccpto,  almond-cakes  ;  scriblUa,  tarts,  &c  whence 
the  maker  of  them,  the  pastry-cook,  or  the  confectioner,  was  call- 
ed Pistor  vel  conditor  duldarius,  plactntarius,  libarius,  cruMtulariuSf 

&c. 

48 


378  ROMAN  ANTIQUTnES. 

lliere  were  various  slaves  who  prepared  the  victualsy  who  put 
them  in  order,  and  served  them  up. 

Anciently  the  baker  and  cook  {pis tor  et  coquui  vel  cocus)  were 
the  same,  Ftstus.  An  expert  cook  was  hired  occasionally,  Platit, 
Aul.  ii.  4. 185.  Pstud.  iii.  2.  3  &  20.  whose  distinguisbed  badge 
was  a  knife  which  he  carried,  Id.  ^uL  iii.  2. 3.  But  after  the  luxury 
of  the  table  was  converted  into  an  art,  cooks  were  purchased  at 
a  great  price,  Liv.  xxxix.  6.  Plin.  ix.  17.  s.  31.  MartiaL  xiv.  220. 
Cooks  from  Sicily  in  particular  were  highly  valued,  Aihen.  xiv.  !23. 
hence  SiciUa  dapts^  nice  dishes,  HoraU  Od.  iii.  1.  18. ' 

There  were  no  bakeit  at  Rome  before  A.  U.  580  ;  baking  was  the 
work  of  the  women,  Plin.  xviii.  1 1.  s.  28.  Varro.  de  Re  Rust.  ii.  10. 
but  Plutarch  says,  that  anciently  Roman  women  used  neither  to  bake 
nor  cook  victuals,  Quctst.  Rom.  84.  s.  85. 

^  The  chief  cook  who  had  the  direction  of  the  kitchen,  (qm  coqui- 
nm  oraerat,  was^called  ARCHIMA6IRUS,  Juvenai.  ix.  109.  The 
butler  who  had  the  care  of  provisions,  PROM  US  Condus,  Procu- 
ratofy  pent,  Pbnus  autem  omne  quo  vescuntur  homines,  Cic.  de  Nat. 
D.  iii.  27.)  Plant  Pseud,  ii.  2.  14.  Horat.  Sat.  ii.  2.  16.  He  who 
put  them  m  order,  STRUCTOR,  Martial,  ix.  48.  Juvenal,  vii.  184.  ' 
and  sometimes  carved.  Id.  v.  120.  xi.  136.  the  same  with  CARP- 
TOR,  Carpus,  or  Scissor,  Id.  ix.  1 10.  He  who  had  the  chai^  of 
the  hall,  Atribnsis,  Cic^  Parad.  v.  2. 
"  They  were  taught  carving  as  an  art,  and  performed  it  to  the  sound 
of  music  ;  hence  called  Cuironomont£s  vel  gesticulatores  ;  JuvenaL 
V.  181.  xi.  137.  Petron.  35.  36. 

The  slaves  who  waited  at  the  table  were  properly  called  MINIS- 
TRl ;  lightly  clothed  in  a  tunic,  and  girt,  {sucdncti  vel  alte  cinelf, 
Horat.  Sat.  ii.  6.  107.  ii.  a  10.)  with  napkins,  (linteis  succinctly 
Suet  Cal.  26.)  who  had  their  different  tasks  assigned  them ;  some 
put  the  plate  in  order,  {argentum  ordinabant,)  Senec.  de  brev.  Vit. 
12.  some  gave  the  guests  water  for  their  hands,  and  towels  to  wipe 
them ;  Petron.  31.  some  served  about  the  bread ;  some  brought  in 
the  dishes,  {opsonia  inferehant,)  and  set  cups,  Virg.  Mn.  i.  705. 
&c.  some  carved ;  some  served  the  wine,  Juvenal,  v.  56. 69.  &c.  In 
hot  weather,  there  were  some  to  cool  the  room  with  fans  (Aabella,) 

and  to  drive  away  the  flies,  Martial,  iii.  82. ^Maid-servants,  (/o- 

fnula)  also  sometimes  served  at  table,  Virg.  JEn.  i.  703.  Suet.  Tib 
42.  Curt.  V.  1. 

.  When  a  marter  wanted  a  slave  to  bring  him^  any  thing,  he  made  a 

??lf  «'I^  hw  fingers.  {digitU  crepuit,)  Martial.  Ibid.  &  vi.  89.  xiv. 
119.  Petron.  27. 

The  dishes  were  brought  in,  either  on  the  tables  themselves,  or 
more  frequently  on  frames,  (FERCULA  vel  Repositoria,)  each 
frame  containinff  a  variety  of  dishes,  Petron.  xxxv.  66.  P/tVi,  xxviii. 
j.  B.  5.  xxxni.  lis.  49  &  52.  hence  Presbere  cmnam  irinis  vel  senis 
^ZT^l ''  tJ^'i'^kY'  ^Z^  a  supper  of  three  or  six  courses.  Suet. 
A^lt  ^u^^'  \  ^'  ^"^  /''•^"^^  "  a's<>  sometimes  put  for  the 
dislies  or  the  meat,  Horat.  Sat.  ii.  6.  104  Jlfarfia/. '  iii,  50.  ix.  83. 


ROMAN  ENTERTAINMENTS,  ice.  STO 

9U  32.  Au9on.  Epigr.  &  Juvmal.  zi.  64  So  Mnnm ;  thus  Mmsoi, 
i.  e.  lances  magnas  instar  mensaruiOy  reponloriis  trnponertf  Pliiw 
xniii.  11. 8.  49.  Petroo.  34.  47.  6&  Somelimea  the  dishes,  {pati- 
9tm  vel  cafmt,)  were  brought  in  and  set  down  separately,  Horal.  StU» 
ii- a  42.  ii.  2. 39.  ^ 

A  large  platter  {lanx  vel  scutella)  containing  various  kinds  of  meat, 
was  called  Mazonomum,  (a  vhuj,  tribuo^  et  M^a,  edulium  quoddam  e 
farina  ei  lacte  /)  which  was  banded  about,  that  each  of  the  guests 
might  take  what  he  chose.  Id.  yiii.  86.  Vitellius  caused  a  dish  of 
immense  sise  to  be  made,  Pliru  xxxv.  12.  s.  46.  which  be  called  the 
Shield  of  Minerva^  filled  with  an  incredible  variety  of  the  rarest  and 
nicest  kinds  of  meat,  Suei,  VU.  13. 

At  a  supper  given  to  the  emperor  by  his  brother,  upoo  his  arrival 
in  the  city,  (caaa  aduentiliaj)  2000  of  the  most  choice  fishes,  and 
7000  birds,  are  said  to  have  been  served  up.  Vitellius  used  to 
breakfast,  dine,  and  sup  with  different  persons  the  same  day,  and  it 
never  cost  any  of  them  less  than  400,000  sesterces,  about  3229/.  3t. 
4d.  sterling.  Ibid.  Thus  he  is  said  to  have  spent  in  less  than  a  year 
J^avies  millies  //.  S.  i.  e.  7,265,625/.  Dio.  Ixv.  3.  TacU.  Hist.  ii.  95. 

An  uncommon  dish  was  introduced  to  the  sound  of  the  flute,  and 
the  servants  were  crowned  with  flowers,  Macrob,  Sat.  ii.  12. 
U^  In  the  time  of  supper,  the  guests  were  entertained  with  music  and 
dancing,  Petrtm.  35.  36.  sometimes  with  pantomimes  and  play-actors, 
Plaut.  Stick,  ii.  2.  56.  Sparlian.  Adrian.  26.  with  fools  (morionea)^ 
and  bufibons,  Plia.  Ep.  ix.  17.  and  even  the  gladiators,  CapUolin. 
in  Fero.4.  but  the  more  sober  had  only  persons  to  read  or  repeat 
select  passages  from  books,  (ANAOirosTA  vel  acroahata,)  Cic.  Att. 
i.  12.  Fam.  V.  9.  JsTep,  Att.  xiii,  14.  Sutt.  Au^.  IS.  PlinrEp.  \.  15. 
iii.  5.  vi.  31.  ix.  36.  Gtll.  iii.  19.  xiii.  11.  xix.  7.  Martial,  iii.  50. 
Their  highest  pleasure  at  an  entertainment  an)se  from  agreeable  con- 
versation, Cic.  Sen.  1 4.  Hot  at.  Sat.  ii.  6.  70. 

To  prevent  the  bad  effects  of  repletion,  some  used  afler  supper 
to  take  a  vomit :  thus  Caesar  (occubuil^  c^nxTjv,  agebat,  i.  e.  post  ca» 
nam  vomere  voUbat^  ideoqut  largius  edebat^)  Cic.  Att  xiii.  52.  De- 
jot.  7.  also  before  supper  and  at  other  times.  Suet.  Vit.  13.  Cic, 
Phil.  14.  Cds.  i.  3.  Vomunt^  ui  -edant ;  edimt^  ut  vomant^  Senec.  ad 
Helv.  9.  Even  women,  after  bathing  before  supper,  used  to  drink 
wine  and  throw  it  up  again,  to  sharpen  their  appetite,  {Falemi  sex- 
tariHi  alter  ducitur  ante  ci6t/m,  rabidam  facturus  oreo^tm,)  JuvenaL 
VL427. 

A  sumptuous  entertainment  (cana  lauta^  oplma  vel  opipara^)  was 
called  AuouRALis,  Cic. /aw*,  vii.  26.  PoNTiricALiS',  vel  Pontijficum^ 
Hor.  Od.  ii.  14.  28.  Saliaris,  Id.  i.  37.  Cic.  Att.  v.  9.  because  used 
by  these  priests ;  or  dubia,  ubi  tu  dubites,  quid  sumas  potissimum^ 
Ter.  Phor.  ii.  2.  28.  Hor.  Sat.  iL  2.  76. 

When  a  person  proposed  supping  with  any  one  without  invitation, 
CH",  as  we  say,  invited  himself^  {canam  ei  condixit^  vel  ad  ccsnam,) 
Cic  Fam.  L  9.  Suet  Tib.  42.  be  Was  called  Hospbs  oblatcs,  P/m. 


380  ROMAN  ANTIQUITIES. 


^.  and  the  entertaininent,  Subita  cohdictaquc  cosRoiiAy  Saref* 
Claud.  21. 

An  entertainment  given  to  a  person  newly  returned  from  abroad, 
was  called  Ccma  Adventitia  vel  -toria^  Suet.  Vit.  13.  yel  Viaisca; 
Phut.  Bacch.  i.  1.  61.  by  patrons  to  their  clients,  Ccma  Recta,  op- 
posed to  Sporti7la,  Mirtiak  viii.  50.  by  a  person,  when  he  entered 
on  an  office,  Cobna  ADrriAus  vel  ADJiciALis,.Stte<.  Claud.  9.  Senec, 
E/i.  95. 123. 

Clients  used  to  wait  on  their  patrons  at  their  houses  earlj  in  the 
morning,  to  pay  their  respects  to  them,  {salutare,)  Martial,  ii.  18.  3. 
iii.  36.  IT.  8L  Juvenal,  i.  128.  v.  19.  and  sometimes  to  attend  them 
through  the  day  wherever  they  went,  dressed  in  a  white  toga^  Id. 
vii.  142.  Martial.  56.  13.  hence  called  Anteambulokbs,  Id.  iii. 
7.  NiVBi  QciRrrss :  and  from  their  number,  Turba  togata,  et 
Pbjecbdbhtia  lonqi  agminis  orriciA,  Juv.  i.  96.  viii.  49.  x.  44. 
On  which  account,  on  solemn  occasions  they  were  invited  tosupper, 
Juv.  V.  24.  iStie^  Claud,  21.  and  plentifully  entertained  in  the  hail. 
This  was  called  COENA  RECTA,  i.  e.  jusia  et  solemnis  adeoque 
lauta  et  opipdra^  a  formal,  plentiful  supper ;  hence  convivari  recta 
ac.  cana^  Suet.  Aug.  74.  recti  et  dapsiUy  i.  e.  ahundantur^  to  keep 
a  good  table,  Id.  Vesp.  19.  9o  Vivere  recti^  vel  cum  recto  apparaiVy 
Senec  Epist.  1 10.  122.  ^ 

But  upon  the  increase  of  luxury,  it  became  customary  under  the 
emperors,  instead  of  a  supper,  to  give  each,  at  least  of  the  poorer 
clients,  a  certain  portion  or  dole  of  meat  to  carry  home  in  a  pannier 
or  small  basket,  (SPORTULA ;)  which  likewise  being  found  incoii-\ 
venient,  money  was  given  in  place  of  it,  called  also  Sportola,  to^ 
the  amount  generally  of  JiOO  qmdrantes,  or  25  cwm,  i.  c.  about  1*. 
7d.  sterling  each,  Juvenal,  i.  95.  120.  Martial,  i.  6U.  iii.  7.  xi.  7  ">. 
sometimes  to  persons  of  rank,  to  women  as  well  as  men,  Ibid.  This 
word  is  put  likewise  for  the  hire  given  by  orators  to  those  whom  they 
employed  to  applaud  them  while  they  were  pleading,  Plin.  Ep.  ii.  14. 

SPOllTUL-S,  or  pecuniary  donations  instead  of  suppers,  were 
established  by  Nero,  Suet,  Mr.  16.  but  abolished  by  Domitian,  and 
the  custom  of  formal  suppers  restored,  Suet.  Domit.  7. ' 

The  ordinary  drink  of  the  Romans  at  feasts  was  wine,  which  they 
mixed  with  water,  and  sometimes  with  aromatics  or  spices,  Juvenal. 
^:.^'  p.TK®y  ^^^  w^ter  either  cold  or  hot.  Id.  v.  63.  jaariial. 
viu.  67.  7. 1.  12.  xiv.  105.  Plant.  Cure.  ii.  3.  13.  et  Ml.  in.  2.  22. 

A  place  where  wine  was  sold  (laberna  vinaria)  was  called  CENO- 
POLIUM  ;  were  mulled  wines  and  hot  drinks  were  sold,  Thermo- 
POLTOM,  Plaut.  Ibid,  et  Rud.  ii.  6.  43.  Pseud,  ii.  4.  52. 

Wine  anciently  was  very  rare.  It  waS  used  chiefly  in  the  worship 
of  gods.     Young  men  below  thirty,  and  women  all  their  lifetime, 

^®!J  /?^/  ®"  ^^  ^""!!^  '''  ""'®®^  *^  sacrifices,  Fal.  Max.  ii.  1.  5. 
VI.  3.  Gell.  X.  23.  Plin.  xiv.  13.  whence,  according  to  some,  the  cus- 
tom  of  salutmg  female  relations,  that  it  might  be  known  whether 
they  had  drunk  wine,  Ibid.  ^  Plutarch.  Q.  Rotn.  6.  But  afterwards, 
when  wme  became  more  plentiful,  these  restrictions  were  removed ; 


ROMAN  entertainments;  &c.  391 

which  Ovid  hints  was  the  case  in  the  time  of  Tarauin  the  Proodt 
Fast.  ii.  740. 

Vineyards  came  to  be  so  much  cultivated,  that  it  appeared  agri- 
ct  Itore  was  thereby  neglected  :  on  which  account  Domitian,  by  an 
edict,  prohibited  any  new  vineyards  to  be  planted  in  Italy,  and  or- 
dered at  least  the  one  half  to  be  cut  down  in  the  provinces,  Suet* 
Lorn.  7.    But  this  edict  was  soon  after  abrogated,  ib.  14. 

The  Romans  reared  their  vines  by  fastening  them  to  certain  trees, 
as  the  poplar  and  the  «Im  ;  whence  these  trees  were  said  to  be  mar- 
ried {marilari)  to  the  vines,  Horat.  Epod.  ii.  10.  and  the  vines  to 
them,  {duct  ad  arbores  vi  duaSf  u  e«  vitibus  tanquam  lusoribus  p^r  ct* 
vUia  bella  privalas,  Id.  Od.  iv.  5.  30.)  and  the  plane  tree,  to  whidi 
they  were  not  joined,  is  elegantly  called  Caubbs,  id.  ii.  15. 4. 

Wine  was  made  anciently  much  in  the  same  manner  as  it  is  now. 
The  ffrapes  were  picked  (decerptbanlur)  in  baskets,  (fKa/t,  quasitti^ 
fiscif^sciTUB,  YelJUcella)  made  of  osier,  and  stamped,  {calcabanitirA 
The  juice  was  squeezed  out  by  a  machine  called  TORCULUM, 
-ar,  -are^  vel  -artum,  or  PRELUM,  a  press :  ToreUlar  was  properly 
the  whole  machine,  and  prelum^  the  beam  which  pressed  the  grapes, 
{iridfs  qua  uva  prtmiiur^  Serv.  in  Vixg.  G.  ii.  242.  Vitniv.  vr.  9. 
The  juice  was  made  to  pass  {transmiittbatur^  through  a  strainer, 
(Saccus  vel  CoLUM,)  Martial.  xiK  61.  3.  xiv.  104.  and  received  into 
a  large  vault  or  tub,  (LACUS,)  Ovid.  Fast.  \v.  888.  Plin.  Epist.  ix. 
20.  or  put  into  a  iai^  cask,  Doliov ,  ( Cupa  vel  Serioy)  made  of  wood 
or  potter's  earth,  until  the  fermentation  was  over  {donee  deferbuerii ;) 
*  hence  Yinum  doliarb,  Plaut.  Pseud,  ii.  2.  64.  The  liquor  which 
came  out  without  pressinff,  was  called  Protropiany  or  mustum  lixi* 
vttim,  Plin.  xiv.  O.^Columel.  Ixii.  41. 

The  must  or  new  wine  (MUSTUM)  was  refined,  {deftecabatwr^ 
by  mixing  it  with  the  yolks  of  pigeons'  eggs;  Horat.  Sat.  ii.  4.  56. 
the  white  of  eggs  is  now  used  for  that  purpose.  Then  it  was  poured 
{diffueuni)  into  smaller  vessels  or  casks,  (amphora  vel  cadi^)  made 
usually  of  earth;  hence  called  Testa,  Horat.  Od.  iii.  21.  4.  cover- 
ed over  with  pitch  or  chalk,  {obiitcB  velpicatm  et  gypsata^)  and  bung« 
ed  or  stopped  up,  (obturata  ;)  hence  retinere  vel  dtlinere  dolium^  vel 
cadwn^  to  open,  to  pierce,  Terent.  Heaut.  iii.  1.  51.  Wine  was  also 
kept  in  leathern  bags,  (utres,)  Plin.  xxviii.  18.  From  new  ^ine, 
a  book  not  ripe  for  publication  is  called  musteus  liber,  by  Pliny, 
Ep.  viii.  21. 

On  each  cask  was  marked  the  name  of  the  consuls,  or  the  year 
when  it  was  made,  Horat.  Od.  i.  20.  iii.  8.  12.  &  28.  8.  Ep.  i.  5.  4 
hence,  Jfunc  miki  fumosos  veteris  proferte  Falemos,  Consulis,  (sc 
cadoei)  Tibull.  ii.  1. 27.  and  the  oldest  was  always  put  farthest  back 
in  the  cellar ;  hence  Interiore  nota  Falemi,  with  a  cup  of  old  Faler- 
nianwine,  Horat.  Od.  ii.  3.  8. 

When  a  cask  was  emptied,  it  was  inclined  to  one  side,  and  the 
wine  poured  out.  The  Romans  did  not  use  a  siphon  or  spigot  as  we 
do ;  hence  vertere  cadum,  to  pierce,  to  empty.  Id.  iii.  29.  ^tHnvertunt 
At^homs  (sc.  poeulii)  vmaria  tota,  (sc.  va$a,  i.  e.  cados  y.  lagenas,) 


\  . 


383  ROMAN  ANTIQUITIES. 

tarn  over  whole  casks  into  lai^  dips  made  at  Allifer&  town  in 
Samnium,  Id,  SaL  ii.  8.  39* 

Sometimes  wioe  was  ripened,  by  being  placed  in  the  smoke  above 
a  fire.  Id.  Od.  iii.  8.  II.  Plin.  xiv.  1.  s.  3.  Martial,  iii.  81.' x.  36.  or 
in  an  apper  part  of  the  house,  {in  horreo  vel  apotheca  editiore;) 
whence  it  was  said  desctndere^  Horat.  Od.  iii.  SI.  7.  Often  it  was 
kept  to  a  great  age,  Id,  Od.  iii.  14.  18.  Cic.  Brut,  386.  Juvenal,  t. 
30.  Ptn.  iv.  29.  ^ell.  ii.  7.  Wme  made  in  the  consulship  of  Opi- 
mius,  A.  U.  633.  was  to  be  met  with  in  the  time  of  Pliny«  near  ^OO 
years  after,  (in  tptdtm  asperi  mtllit  rtdaclum^)  Plin.  xiv.  4.  s.  6i 
Martial,  i.  27.  7.  ii.  40.  5.  In  order  to  make  wine  keep,  they  used 
to  boil  (decoauere^  Virg.  G.  i.  295.)  the  must  down  to  one  half,  when 
it  was  called  DBrauTUM  ;  to  one  third,  Sapa,  Plin.  xiv.  9.  s.  II.  and 
to  give  it  a  flavour,  {tU  odor  vino  coniingeret^  et  saporis  quadam  acu- 
fmim,)  they  mixed  it  with  pitch  and  certain  herbs  :  when  they  were 
aaid  condire,  jiedicari.  vel  conciwnare  vinwn^  Plin.  xiv.  20.  s.  25. 
Columeli.  xii.  19.  20.  21.  Cato  de  Re  Rust.  114  &  115. 

Wines  were  distinguished  chiefly  from  the  places  where  they  were 
produced ;  in  Italy,  the  most  remarkable  were  Vinwn  Faucrnum, 
JUasncumf  Caltnum^  CcBc&bum^  Albwnum^  Sentlnum^  Surreniinumf  6ui. 
Plin.  23.  1.  t.  20.  Foreign  wines,  Chiumf  Ltibinmy  Lmcadium^ 
Coum^  Rhodium^  J^faxium,  Mamertinvm^  Tliasium^  McBnnvnn  vel  Xy- 
lEnim,  MartoUcwn^  &c.  Plin.  xiv.  6.  s.  8.  &c.  Also  from  its  colour 
or  age,  Vinum  alburn^  nigrkm^  r\tbrum^  &c.  Ib^  9.  s.  11.  12.*  Fe/ta^ 
novum^  recensj  hornum^oi  the  present  year  s  growth  ;  /n'mttm,  three 
3rears^]d  ;  molle^  Une^  vetuslate  edetUulum^  mellow  ;  aaptrum  vel 
austtram^  harsh ;  mtrum  vel  meracum,  pure,  unmixed ;  mtmciuSf  i.  e. 
ybrh'ttff,*  strong,  Cic.  Jsfal,  D,  iii.  31. 

/  The  Romans  set  down  the  wine  on  the  table  {alteris  mensis^)  with 
^"^ifae  dessertfr,  {cum  bellariift,)  and  before  they  began  drinking,  poured 
out  libations  to  the  gods,  Firg.  wSBr*.  i.  730.  viii.  278.  283.  G.  ii. 
101.  This  by  a  decree  of  tl>e  senate  was  done  also  in  honour  of  Au- 
gustus after  the  battle  of  Actium,  Dio.  Ii.  19.  HoraL  Od.  iv.  5.  31. 

The  wine  was  brought  in  to  the  guests  in  earthen  vases  (AMPHO- 
RiE,  vel  Te$t€By)  with  handles,  {ansatcB,)  hence  called  diota,  Ho- 
rat.  i.  9.  8.  or  in  big-bellied  jugs  or  bottles  ( Awfitlla)  of  glass,  (ri- 
/rea,)  leather,  (coriarea,)  or  earth,  (JigUnoi,)  Plin.  Epist.  iv.  30. 
Suet.  Domit.  21.  Martial,  vi.  35.  3.  xiv.  ilO.  on  each  of  which 
were  affixed  labels  or  small  slips  of  parchments,  (Tituu  vel  Pit- 
TACIA,  i.  e.  ichtduUe  e  membratia  excises^  vel  tabella^)  giving  a  short 
description  of  the  quality  and  age  of  the  wine  ;  thus,  Falbrnum,  opi- 
iiiAifUM  ANNORDM  CENTUM,  Pelron.  34.  Jutenol.  V.  34.  Sometimes 
diflerent  kinds  of  wine  and  of  fruit  were  set  before  the  guests  accord- 
ing to  their  diflerent  rank,  Plin.  Ep.  ii.  6.  Martial,  iii.  82.  iv.  86. 
vi.  II.  49.  Suet.  Cces.  48.  Spartian.  Adrian.  17.  Juvenal,  v.  70- 
whence  Vinum  jdominicum,  the  wine  drunk  by  the  master  of  the 
house,  Petron.  31.  and  canare  civiliterf  to  be  on  a  level  with  OQie's 
guest,  Juvenal,  v.  1 12. 

The  wine  was  mixed  {miscebalur  v^l  temperabalur,)  with  water  in 


ROMAN  ENTERTAINMENTS,  &c.  383 

a  large  ynae  or  bowl,  called  CRATER,  ▼.  -era,  whence  it  was  pour* 
ed  into  cups,  (Pocula,)  Ovid.  Fast,  v.  522. 

Cups  were  called  by  different  names ;  Calicts^  pkidlcB^patera^  can* 
ihdrif  carchesia,  ciboria^  ^cyp^h  cymbia^  scaphta,  bqiiola^  cululli, 
amyatldes^  &c.  and  made  of  various  materials ;  of  wood,  as  beech, 
faglna^  sc  pocula,  Virg.  Eel.  iii.  37.  of  eairth,  fictilia^  of  glass,  Yi* 
TRSA,  Martial,  i.  38.  Juvenal,  ii.  95.  which  when  broken  used  to  be 
exchanged  for  brimstone  matches,  {sulpkurala  ramenia^  Martial.  !• 
42.  4.  z.  3.  Juvenal,  v.  49.  of  amber,  succina^  Id.  ix.  50.  of  brass, 
silver,  and  gold,  sometimes  beautifully  engraved  ;  hence  called 
TOREUMATA,  i.  e.  vasa  sculpla  vel  caslaia^  Cic.  Verr.  iv.  18. 
ii.  52.  Pis.  27.  or  adorned  with  figures,  (signa  vel  sigilla)  affixed  to 
them,  called  CRUSTiE  or  EMBLEMATA,  Cic.  Verr.  iv.  23.  J«- 
vtnal.  i.  76.  Martial,  viii.  51.  9.  which  might  be  put  on  and  taken  off 
at  pleasure,  (exemptilia,)  Cic.  ibid.  22  &,  24.  or  with  gems,  some- 
times taken  off  the  fingers  fur  that  purpose,  Juvenal.  5.  41.  hence 
called  C ALICES  CEMMATI  vel  auhum  oemmatdm^  Martial.  xiv» 
109. 

Cups  were  also  made  of  precious  stones,  Virg.  G.  ii.  506.  of  crys- 
tal, Sener.  de  Ira.  iii.  40.  of  amethyst  and  murra  or  porcelain,  (  po" 
cula  murrlna,)  Martial,  ix.  60.  13.  x.  49.  Plin.  xxxiii.  1.  xxxvii.  2. 
&c. 

Cups  were  of  various  forms ;  some  had  handles  (  Ansib  vel  itasi,) 
Virg.  Eel.  vL  17.  Juvenal,  v.  47.  usually  twisted,  (TORTlLES,> 
Ovid.  Ep.  xvL  252.  hence  called  Calices  Pterati,  i.  e.  alati  vei 
anscUif  Plin.  xxxvi.  26.     Some  had  none. 

There  were  slaves,  usually  beautiful  boys,  ( pueri  ejctmid  facie^ 
Gell.  XV.  12.)  who  waited  to  mix  the  wine  with  water,  and  serve  it 
up ;  for  which  purpose  they  used  ti  small  goblet,  called  CYATHU8, 
to  measure  it.  Plant.  Pers.  v>  2.  16.  containing  the  twelfth  part  of 
a  iextariusy  nearly  a  quart  English ;  hence  the  cups  were  named 
from  the  parts  of  tho  Roman  AS,  according  to  the  number  of  cya* 
thi  which  they  contained  ;  thus,  sextans,  a  cup  which  contained 
two  cyathi;  Tribns  vel  Triental,  three ;  Quadhaics,  four,  Ac.  Svet. 
Aug.  77.  Martini,  viii.  51.  24.  ix.  95.  xi.  37.  Pers.  iii.  100.  and  those 
who  served  with  wine,  were  said,  Ad  ctathos  stare.  Suet.  JuL  49. 
AD  CTATHUM  sTATUi,  Hor.  Od.  i.  26.  8.  or  CtATHissARi,  Plout.  Mtn, 
ii.2.29. 

They  used  also  a  less  measure  for  filling  wine  and  other  liquors^ 
called  LiouLA  or  Lingular  and  Cochleare,  vel  -ar,  a  spoon,  the 
fourth  part  of  a  cyathus^  Martial,  v.  20.  viii.  33.  23.  xiv.  121. 

The  wine  was  sometimes  cooled  with  snow,  by  means  of  a  strainer^ 
CortJM  HivARiuM,  Martial,  xiv.  103.  vel  Saccus  tuvarius,  Id.  104.  or 
by  pouring  snow- Water  upon  it.  Id.  v.  65.  417.  xiv.  117.  Senec.  Ef. 
79.  Plin.  xix.  4.  s.  19. 

The  Romans  used  to  drink  the  health  of  one  another ;  thus,  Bins 
xiHi,  Bbne  VOBI9,  &c.  Plant.  Pers.  v.  i.  20.  sometimes  in  honour  of 
a  friend  or  mistress.  Ibid.  <{r  Horat.  Od.  i.  27.  9.  and  used  to  take  as 
many  cyathi  as  there  were  letters  in  the  name,  TibuU.  ii.  !•  3L 


y/ 


384  ROBCAN  ANTIQUITIES. 

Marital.  I  73.  or  as  tbey  wished  years  to  them;  hence  they  were 
said,  Ad  numerum  bibere^  Ovid.  Fast.  iii.  531.  A  frequent  number 
was  three,  in  honour  of  the  Graces ;  or  nine,  of-  the  Af uses,  Horat. 
Od.'uu  19.  11.  Ausqn.  EidylL  xi.  1.  The  Greeks  drank  first  in  ho- 
nour of  the  gods,  and  then  of  their  friends ;  hence  Grjbco  more  bi« 
BERE,  Ctc.  Vtr.  i.  26.  et  ibi  Ascon,  They  began  with  small  cups  and 
ended  with  larger,  Ibid.  They  used  to  name  the  person  to  whom 
they  handed  the  cup;  thus,  Fropino  tibi,  &c.  Ctc.  'Dtsc.  i.  40. 
Plaui.  Slick.  V.  4.  26  &  30.  Ter.  Eun.  v.  9.  57.  Virg.  JEau  i.  728. 
Marital,  i.  69.  vi.  44.  Juvenal,  y.  127. 

A  skeleton  was  sometimes  introduced  at  feasts  in  the  time  of 
drinking;  or  the  representation  of  one,  (larva  argenlea^)  Petron.  34^ 
in  imitation  of  the  Egyptians,  HerodoL  ii.  78.  s.  74.  Plutarch,  in 
convifo.  Sapient.  6.  upon  which  the  master  of  the  least,  looking  at  it, 
used  to  say,  Vivahus,  dum  licbt  essb  bene,  Petron.  ib.  Ilpfsn  x«ci 
rtfT6Vy  s(rtf9ai  yog  mro^avcjv  rotowoi^  Drink  and  be  merry,  for  thus  shalt 
thou  be  after  death,  Herodot.  ibid. 

The  ancients  sometimes  crowned  their  cups  with  flowers,  Virgi 
Mn.  iii.  525.  Tibull.  ii.  5.  98.  But  coronare  cratera  vel  vf na,  i.  e. 
poculOj  signifies  also  to  Jill  with  loine,  Virg.  G.  iL  528.  Mn.  i.  T24. 
vii.  147. 

The  ancients  at  their  feasts  appointed  a  person  to  preside  by 
throwing  the  dice,  whom  they  called  ARBITER  BIBENDI,  Ma- 
gisler  vel  Rex  convtVn,  modiperator  vel  modimperator,  ((fufMro^iafx^f,) 
dictator^  dux^  siratlgus^  &c.  He  directed  every  thing  at  pleasure, 
Horat.  Od.  i.  4.  18.  ii.  7.  25.  Cic.  Sen.  14.  Plaut.  Stich.  v.  4. 20. 

When  no  director  of  the  feast  was  -appointed,  they  were  said 
Ctdp&potare  magislrd^  to  drink  as  much  as  they  pleased,  {cutpabatiur 
ille  f  ut  miJlum  biberet,  ercess  only  was  blamed,)  Horat.  Sai.  ii.  3. 
1^.  Some  read  cuppa  vel  cupa^  but  improperly ;  for  cupa  sigDifies 
either  a  large  cask  or  tun,  which  received  the  must  from  the  wine- 
press ;  or  it  is  put  for  copa  vel  caupa^  a  woman  who  kept  a  tavern,) 
{qtuB  cauponatn  vel  tabernam  exerceret,)  Suet.  Ner.  27.  or  for  the 
tavern  itself ;  whence  it  was  thought  mean  for  a  person  to  be  sup- 
pUed  with  wine,  or  from  a  retailer,  (de  propola  vel  propala)^  Cic 
Pis.  27.  Suet.  Claud.  40. 

During  the  intervals  of  drinking,  they  often  played  at  dice, 
(ALE A,)  Plaut.  Cure.  ii.  3.  75.  ^ot  which  there  were  two  kinds, 
the  tessera  and  tali,  Cic.  Sen.  16. 

The  TESSERiE  had  six  sides,  marked  I.  II.  III.  IV.  V.  Vi.  lie 
our  dice  :  the  TALI  had  four  sides  longwise,  for  the  two  ends  were 
not  regarded.  On  one  side  was  marked  one  point,  (tinto,  an  ace, 
called  Canis  :  on  the  opposite  side  six«  Ssmo,  sice)  ;  on  the  two 
other  sides,  three  and  four,  (temio  et  qtiaternio.)  In  playing  they 
used  three  tesserce  and  four  tali.  They  were  put  in  the  box  made  in 
the  form  of  a  small  tower,  straight-necked,  wider  below  than  above, 
and  fluted  in  ringlets,  {intus  gradus  excisos  habens^)  called  PRI* 
TILLUS,  pyrguSf  turris^  turricula^  phtmus^  orca,  dsc.  and  being 
shaken,  were  thrown  out  upon  the  gaming-board  or  table,  (FORUS, 


ROMAN  ENTERTAINMENTS,  &c.  385 

alveust  vel  tabula  lusoria  aat  aleatoria,)  The  .highest  or  most  fortu- 
nate throw  (jactuSf  bolus  vel  manusi)  called  VENUS,  or  Jactos 
vsNBRRUS,  vel  Basilicub,  was,  of  the  tessera^  three  sixes  ;  of  the 
tali^  whert  all  of  them  came  out  different  numbers.  The  worst  or 
lowest  throw,  (jactxis  pessimus  Vel  damnosus,)  called  CANES  vel 
CaniculcBf  vel  vulturii^  was,  of  the  tessera,  three  aces  ;  of  the  ta/f, 
when  they  were  all  the  same.  The  other  throws  were  valued  from 
their  numbers,  Cic.  Divin.  i.  13.  ii.  21  &  59.  Suet.  Aug.  71.  Ovid, 
Art.  Am.  ii.  203.  Trist.  ii.  474.  Property  iv.  9.  >20.  Plant.  Asin.  v. 
2.  55«  Hor.  Sat.  ii.  7.  17.  Pers.  .Sat.  iii.  49.  Martial,  xiv.  14.  &c. 
When  any  one  of  the  tali  fell  6jn  the  end,  (in  caput,)  it  was  said  rectus 
cadere  vel  assisttre,  Cic.  F4n.  iii.  16.  and  the  throw,  was  to  be  repeat- 
ed. The  throw  called  Venus  determined  the  direction  of  the  least. 
{Archiposia  in  compotatione  principatusy  magisterium,  Gic.  Senect. 
14.  vel  Regnum  vini,  Horat.  Od.  i.  4.  18.)  While  throwing  the 
dice,  it  was  usual  for  a  person  to  express  his  wishes,  to  invoke  or 
name  a  mistress,  or  the  like,  Plant.  Asin.  v.  2.  55.  iv.  1. 35.  Cap* 
iiv.  i,  1.  5.  Cure,  ii.  3.  78. 

They  also  played  at  odds  or  evens,  (Par  impar  tudebanf,)  Suet 
Aug.  71.  and  at  a  game  called  DrODECIM  SGRIPTA,  vel  Scrip, 
tula,  or  bis  sena  puncta,  Cic.  Orat.  i.  50.  Non  Marcell.  ii.  781. 
Quinctil.  xi.  2.  Martial,  xiv.  17.  on  a  square  table,  {tabula'  vel  al^ 
vens)^  divided  by^  twelve  lines,  {/m«B  vel  scripta,)  on  which  were 
placed  counters,  {CXLCV  LI,  Lair  ones  v.  Latrunculi^  of  different 
colours.  The  counters  were  moved  {pr^movebantur,)  according  to 
throws  (holi  vel  jactus)  of  th^'^e,  as  with  us  at  gammon.  The 
lines  were  intersected  by  a  transverse  line,  called  Lin ea  Sacra^ 
which  they  did  not  pass  without  being  forced  to  it.  Wh6n  the  coun- 
ters had  got  to  the  last  line,  they  were  said  to  be  inctti  vel  imrnoti^ 
and  the  player,  ad  incitas,  vel  -a  redactus,  reduced  to  extremity. 
Plant.  Pan.  iv.  2.  86.  Trin.  ii.  4.  136.  unam  calcem  non  posse  dert^ 
i.  e.  unum  calculum  movere,  not  to  be  able  to  stir,  76.  In  this  game 
there  was  room  both  for  chance  and  art,  Ter.  And.  iv.  7.  2L  Ovid. 
Art.  Am.  ii.  203.  iii.  363.  Anson.  Prof.  i.  25.  Jtfar/ta/.  vii.  71.  xiv.  20. 

Some  exclude  the  tali,  or  tessera  from  this  game,  and  make  it  the 
same  with  chess  among  us.  Perhaps  it  was  played  both  ways.  But 
several  particulars  concerning  the  private  games  of  the  Romans  are 
not  ascertained. 

All  games-  of  chance;  were  called  ALEA,  and  forbidden  by  the 
Cornelian,  Publician,  and  T\tian  laws,  Horat.  Od.  iii.  24.  58.  except 
ip  the  month  of  December,  JIfaWta/.  iv.  14.  7.  v.  85.  xiv.  1.  Thei 
laws,  however,  were  not  strictly  observed.  Old  men  werejparticu^ 
larly  fond  of  such  games,  as  not  requtrmg  bodily  exertioh,  Ctc.  Senl 
16.  Suet.  Aug.  71.  Juvenal,  xiv.  4.  . 

The  character  of  gamester  (ALE ATORES  vel  aleones)  was  hel4 
infamous,  Cic.  Cat.  ii.  10.  Plin.  ii.  27. 

Augustus  used  to  introduce  at  entertainments  a  kind  of  diversion, 
similar  to  what  we  call  a  lottery  ;  by  selling  tickets,  (sortes,)  or  sealed 
tablets,  apparently  equivalent,  at  an  equal  price ;  which,  when  open- 

49 


386  ROMAN  ANTIQUITIE& 

ed  or  unsealed,  entitled  the  purchasers  to  things  of  very  unequal 
lue,.  {res  inequalU  sima  ;)  as,  for  instance,  one  to  100  gold  pieces, 
another  to  a  pick-tooth,  ideniiscalpiian^)  a  third  to  a  purple  robe, 
&c.  In  like  manner,  pictures  with  the  wror^  side  turned  to  the 
company,  {averttu  idbularum  picturas  in  convivio  venditare  9olthai^) 
so  that,  for  the  same  price,  one  received  the  picture  of  ah  Apelles, 
^f  a  Zeuxis,  or  a  Parrhasius,  and  another  the  first  essay  of  a  Jeamer, 
SfiuU  Aug.  75.     So  Heliogabalus,  Lamprid,  in  vita  ejus,  2L 

There  was  a  game  of  chance,  (which  is  still  common  in  Italy, 
chiefly,  however,  among  the  vulgar,  called  the  game  of  Morra,)  play- 
ed  between  two  persons,  by  suddenly  raising  or  compressing  the 
fingers,  and  at  the  same  instant  guessing  each  at  the  number  of  the 
other  ;  whendoingthus,  they  were  said  Micare  digit  is,  Cic.  divit. 
ii.  41.  Off.  iii.  23.  Suet.  Aug.  13..  As  the  number  of  fingers  stretch- 
ed out  could  not  be  known  in  the  dark,  unless  those  who  played  had 
implicit  confidence  in  one  another  ;  hence  in  praising  the  virtue  and 
fidelity  of  9  man,  he  was  said  to  be  Dignus  qujcum  in  tenkbeis 
mcEs,  Cic.  0^.  iii.  19.  fVn.  ii.  |6..s.  52. 


V 


The  Romaha ended  their  repasts  in  the.same  manner  they  began 
them,  by  Kbations  and  prayers,  Ovid.  Fast.  ii.  6.'>3«  The  guests 
drank  to  the  health  of  their  host,  and  under  the  CsBsars,  to  that  of 
the  emperor,  Ibid,  el  Petron.  60.  When  about  to  go  away,  they 
sometimes  demanded  a  parting  cup  in  honour  of  Mercury,  that  he 
might  grant  them  a  sound  sleep,  Martial.  Delphin.  i.  72. 

The  master  of  the  house,  {herus,  dominus,  pardchus^  caruE  tM^s* 
ter,  convivator,  Horat.  Sat.  ii.  8.  35.  Martial  xii,48.  Cell.  xiii.  11.) 
used  to  give  the  guests  certain  presents  at  their  departure,  called 
Apophorm,  Suet.  Aug.  75.  Gal,  55.  Vesp.  19.  Martial  ^xv.  1.  Pe- 
tron. 60.  or  XENIA,  which  were  sometimes  sent  to  them,  Plin. 
tlpist.  vi.  31.  Vitruf).  vi.  10.  MartiaL  xiiL  3.  Xkniu»  is  also  put 
for  a  present  sent  from  the  provinces  to  an  advocate  at  Rome,  Pan, 
Ep.  V.  14.  or  given  to  the  governor  of  a  province,  Digest. 

The  presents  given  to  guests  being  of  diffej:ent  kinds,  were 
sometimes  distributed  by  \ot,  MartiaL  xiv.  1.  5.— 40.  144.  170.  or 
by  some  ingenious  contrivance,  Petron,  41. 

r 

III.  ROMAJf  RUES  of  MARRIAGE: 

I 

«^  i 

A  LEGAL  tnarriage"^  (justwn  matrimoniwn)  among  the  Romans 

#  • 

♦  In  the  ttete  of  New-York,  there  is  no  form  of  marriage  preicribed  by  law.  Thf t 
teems  to  be  a  defect  io  our  legal  code.  Tbe  validity  pf  the  marriage  is  a  subject  to 
be  determined  by  the  jury,  as  a  matter  of  fact.  Cohabitation,  acknowledgment  of 
*j1i**"  j"  ^®  **•  °"**"  ^'^•'  aulhorieing  persons  to  accredit  her  as  sach,  &«.  may  be 
adduced  as  proofs  of  marriage--coQBexion  to  be  decided  on  by  tbe  Jury.  Bat»  on- 
der  a  charge  of  bigamy,  in  order  to  convictioo,  an  actual  previous  marriage  must  be 

The  first  inhabitants  of  Cfntee  li^ed  together  without  marriage.  Europe,  king  of 
^!!^  '*aS*"  ^u**'!.®  been  the  first  autiior  of  tiiit, honourable  institution  among  Oi«t 
prople.    After  the  Gucun  Commonwealthji  wen  settled,  marriage  waa  very  much 


RITES  OF  MARRU6E  t87 

"WBS  made  in  tbree  different  ways,  caUed  otus,  cmfurreatiOf  and  cth 
trhpiio, 

L  USU8,  usage  or  prescription,  i^as  when  a  woman,  with  the 
consent  of  her  parents  or  guardians,  lived  with  a  man  for  a  whole 
year,  .{matrimtmii  caUsA^)  without  being  ab^nt  three-  nights  :  and 
thus  became  his  lawful  wife  or  property  by  prescription,  (^isu  capta 
fuU,)  Gell.  iii.  2.  If  absent  for  three  nights,  [trinoctium^)  she  was 
said  esse  usurpaia^  of  tsse  iisurpaium  sc.  sumnjus^  to  have  interrupt- 
ed the  prescription,  and. thus  prevented  a  marriage,  Usurpatio  est 
enim  usucapionis  inlerruptw^  Gell.  iii.  2.  D.  41.  3.  2^     See  p.  t54. 

3.  CONFARREATIO  was  when  a  man  and  woman  were  joined 
in  marriage  by  the  Pontifex  Maximus^  or  Flamen  DiaUs,  in  presence 
of  at  least  ten  witnesses,  by  a  set  form  of  words,  and  by  tasting  a 
cake  made  Of  salt,  water,  and  flour,  ^sailed  FAR,  or  PanisFarreus, 
▼el  Farreutn  Itbum^  which  was  oflfered  with  a  sheep  in  sacrifice  to 
the  gods,  Dionys.  ii.  25.  Serv.  ad  Firg.  G.  i.  31.  ^n.  iv.  lU4.  Plin. 
xviiL2.  ' 

encoaraged  hy  their  lawi,  (as  it  was  amqng  (be  RoHibiii,  thoogb  without  mueh  effect) 
and  celibacy  discoanteuanc^d,  and  in  some  places  punished.  The  Athminns  bad  an 
express  law,  that  comioaiiders,  orators,  and  persons  intrusted  with  public  affnirs, 
fhoiild  be  married  men.  Poiygamy  was  not  commonly  tolerated  in  Greece.  The 
time  of  marriage  was  diffferent  in  different  SMes,  The  Spartans  were  not  permitted 
to  marry  till  they  arrive^  at  their  full  strength,  and  the  Athenian  laws  are  said  to 
bav^e  directed  that  men  should  not  marry  till  they  were  35  years  of  age.  The  sea* 
son  of  the  year,  which  they  preferred  for  that  purpose,  was  the'wtoter,  and  especial- 
ly the  month  of  January,  hence  called  XaftriKiow.  Incestuous  mSitures,  though  pfa6* 
tised  among  the  barbarous  nations,  were  reckoned  scandalous  among  the  Ureeks  ; 
thougb  among  them,  as  onginaliy.amongtfie  Hebrews,  K  seems  to  have  been  lawfol 
to  marry  a  half  sister,  as  appears  manifest  m  the  case  of  Miitiades  and  Abraham. 
Most  of  the  Grecian  states  required  iheir  citizens  to  match  only  with  citizens.    The 


plored  by  prayers  and  sacrrfiees,  by  the  parents  or  nearest  relations. 

In  Germany  they  have  a  kind  of  marriage  called  Marganotio,  wherein  a  man  of 
quality  contracting  with  a  woman  of  inftjrior  rank,  gives  her  the  left  hand  in  lieu  of 
tne  right  \  and  stipulates  in  the  contract,  that  the  wife  shall  continue  in  her  former 
rank;  and  that  the  children  shall  be  of  the  same,  so  that  they  become  bastards  as  to 
matters  of  inheritance,  though  they  are  legitimate  in  effect.  They  cannot  bear  the 
name  or  arm<  of  the  family.  None  but  Princes  and  great  Lords  of  Germany  are  al- 
lowed this  kind  of  marriage;  but  (he  universities  ot  Le^nc  and  Jtiia  bave  declar- 
ed against  the  validity  of  such  eontrsots. 

The  Turks  have  three  kinds  of ,  marriages,  and  three  eorts  of  wives  :  itgilimafe, 
tctees  in  Kebin,  and  jTapes.  They  marry  the  first,  hire  the  second,  and  buy  the  third. 
Among  the  snvage  nations  in  Asta,  Africa,  or  Amcfica,  (he  wife  is  commonly  bought 

'    by  the  husband,  from  her  father,  or  relations  having  authority  over  her.    l*he  con- 
clusion of  a  bargain  for  this  purpose.*,  together  with  the  payment  of  the  price,  has 

»   therefore  become  the  osnal  form  or  solemnity  in  the  c«lebraljon  of  their  marriages* 
The  iflebrews  also  purchased  their  wives,  b^  paying  down  a  competent  dowry  for 
tliem;  and  Aristotle  makes  the  purchase  of  their  wives  among  the  ancient  Grecians 
nn  argument  to  prove  them  an  uncivilized  people. 

By  our  law,  all  persons  maj  marry,  but  such  as  are  prohibited  by  the  law  of  God. 
The  legal  disabilities  are,  therefore,  1.  Too  near  relationship  by  corjsangninity,  or  af- 
finity. 2.  Pre-contract,  oratiother  husband  or  wife  living.  3.  Want  of  age  sufficient 
to  contract  matrimony;  thus:  if  a  boy  under  14,  or  girl  under  12,  marries,  when 
either  comes  to  the  age  of  consent,  they  may  disagree,  and  declare  (he  marriage 
void.    4.  Bodily  infirmity  orincapacity  of  performing  the  duties  of  marriage. 

dee  £n^.  Brttf .  Article  JdmrrUgM, 


888  ROMAN  ANTIQUITIES. 

This  was  the  most  soiemn  form  of  marriage,  and  could  oidy  be 
diasolved  by  another  kind  of  sacrifice,  called  DIFFARREATIO, 
Featus.  By  it*  a  woman  was  said  to  come  into  the  possession  or 
power  of  her  husband,  by  the  sacred  laws,  (xara  vo^ut;  hpi  cUd^  tfuvix* 
teiv,  in  mamim^  V  e.  poiestattm  viri  donvenire,)  She  thus  became 
partner  of  all  his  substance  and  sacred  rites ;  those  of  the  Penates  as 
well  as  of  the  Lares^  (see  p.  242,)  If  he  died  intestate,  and  without 
children,  she  inherited  his  whole  fortune  as  a  daughter.  If  be  left 
children,  she  had  ah  equal  share  with  them.  If  she  committed  any 
fault,  the  husband  judged  of  it  in  company  with  her  relations,  and 
punished  her  at  pleasure,  Dionjfs.  ii.  25.  P/tn<  xiv.  13.  Suet.  Tib.  35. 
Tacit.  Amu  xiii.  33.  The  punishment  of  women  publicly  condemn- 
ed, was  sometimes  also  left  to  their  relations,  Iav.  xxxix.  18.  VaL 
Max.  vi.  3.  t). 

The  children  of  this  kind  of  marriage  were  called  PATRIMI  et 
MATRIMI,  Serv.  ibid,  often  employed  for  particular  purposes  in 
sacred  solemnities,  Liv.  xxxvii.  3.  Cic  Resp.  Har.  11.  Tacit.  Hist 
lY.  53.  Certain  priests  were  chosen  only  from  among:  them ;  as  the 
Flamen  of  Jupiter,  Tacit.  Annal.  iv.  16.  and  the  Vestal  Virgins, 
Qell.  i.  12.  According  to  Festus,  those  were  so  called  whose  parents 
were  bqth  alive :  if  only  the  father  was  aKve,  Patrimi^  vel  -ei ;  if 
only  the  mother,  matrimi,  vel  -es.  Hence  Minerva  is  called  Patri- 
MA  VIRGO,  Cattdl.  i.  9.  because  she  had  no  mother ;  and  a  man  who 
had  children,  while  his  own  father  was  alive.  Pater  PATBmaSt 
Festus. 

This  ceremony  of  marriage  in  later  times  fell  much  into  disuse. 
Tacit.  Annal.  iv.  16.  Henc^  Cicero  mentions  only  two  kinds  of 
marriage,  Usus  and  coemptio,  pro  Place.  34.' 

3.  COEMPTIO  was  a  kind  of  mutual  purchase,,  {emptio  vendi- 
tion) when  a  man  and  woman  were  married,  by  delivering  to  one 
another  a  small  piece  of  money,  and  repeating  certain  words»  Cic. 
Oral.  i.  57.  The  man  asked  the  woman,  if  she  was  willing  to  be 
the  mistress  of  his  family.  An  sibi  hater  familias  esse  y^ifVerrt 
She  answered,  that  she  was,  se  velle.  In  the  same  manner,  the 
woman  asked  the  man,  and  he  made  a  similar  answer,  Boeth.  in  Cic. 
Topic.  3. 

The  effects  of  this  rite  were  the  same  as  of  the  former.  The  wo- 
man  was  to  the  husband  in  the  place  of  a  daughter,  and  he  td  her 
^a  father,  Serv.  in  Vtrg.  G.  1.  31.  She  assumed  his  name,  toge- 
ther  with  her  own ;  as,  Antonia  Drusi,  Domitia  Bibuli^  4rc.— She  re- 
Biened  to  him  all  her  goods,  Ter.  Andr.  i.  5.  61.  Cic.  Top.  iv.  and 
acknowledged  him  as  her  lord  and  master,  (Dominos,)  Flrg.  JEn.  iv. 
103.  214.  The  goods  vdiich  a  woman  brought  to  her  husband,  be- 
sides her  portion,  were  called  PARAPHERJN  A,  -orwm,  or  bona  para- 
phernaha.    In  the  first  days  of  the  republic,  dowries  were  very 

1^^  ^^^^  ^y-^^^  ^®"'^^®  *^  ^^^  daughter  of  Scipio  was  only 
11,0UU  ams  of  brass,  35/.  10*.  5d.  steriing;  and  one  Meguillia  was 
surnamed  Dotata,  or  the  great  fortune,  because  she  had  50,000 
ww#,  I.  e.  161/.  7^.  6d.  sterling,  Val.  Max:  iv.  4.  10.    But  after- 


RITES  OF  MARRIAGE.  389 

wards,  upon  thd  increase  of  wealth,  the  marriage-portioiui  of  women 
became  ^ater,  Decits  centena^  sc.  sesUrtia,  8ff72L  ISs.Ad.  sterling ; 
Martial,  li.  65. 5.  xi.  94  3.  Juvenal.  vL  136.  the  usual  portion  or  a 
lady  of  Senatorian  rank,  Juvenal,  z.  355.  Some  had  ducenftei, 
161,458/.  6#.  Bd.  sterling  ;  Martial,  v.  38.  34. 

Sometimes  the  -Wife  reserved  to  herself  (recepit,  Cic.  Orat.  ii.  55. 
Topic.  26.  Tel  excepitf  v.  e.  in  usum  mum  reservavit)  a  part  of  the 
dowry;  hence  called  Dos  reckpticia,  DIGEST,  and  a  slave,  who 
was  not  subject  to  the  power  of  her  husband,  Servus  recepticius^ 
Gell.  xvii.  6.  or  dotalis^  Plaut.  Ann.  \.  1.  73.. 

Some  think  that  camptid  was  used  as  an  accessary «rite  to  cbnfar^ 
reatiOf  and  retained  when  the  primary  rite  was  dropt ;  from  Cic. ' 
F/flcc.  34. 

*  The  rite  of  purchase  in  marriage  was  not  peculiar  to  the  Romans  $ 
but  {prevailed  also  among  other  nations,  as  the  Hebrews,  Gen.  xxix. 
18.  1.  Sam.  xviiL  25.  the  THracrans,  Xenoph.  Jlnab.  rn.  Herodot. 
Terpsich.  init.  the  Greeks,  Euripid.  Med.  232.  the  Germans,  Tadt. 
de  Mor.  G.  18.  &c.  the  Cantabri,  in  Spain,  Strab.  iii.  165.  So  in  the 
days  of  Homer,  Odyss.  viii.  317.  to  which  Virgil  alludes,  6.  i.  31. 

Some  say^  that  a  yoke  (jugutn)  used  anciently  to  be  put  on  a 
man  and  woman  about  to  be  married,  whence  they  were  called  con- 
JUGBS^  Serv.  in  Virg.  JEn.  iy.  16.  But  others  think  this  expression 
merely  metaphorical;  as,  Horat.  Od  ii.  5.  Plaut.  Cure.  i.  1.  50. 

A  matrimonial  union  betwixt  slaves  was  Called  CONTUBERNI-, 
UM;  the  slaves  themselves  CoNTtBERNALEs,  (see  p.  48.)  or  when  a 
free  man  lived  with  a  woman  not  married,  (CoNcueiNATts,)  Suet. 
Vesp.3.  in  which  case  the  woman  was  called  Concubina,  Cic.  de 
Orat.  i.  40.  pELLACA,.Sue/.  Vesp.  21.  or  Pbllex,  qumpropriifmt  ejus^ 

fa  uxorem  haberet,  Festus.  Plaiit.  Rud.  v.  4.  3.  Gell.  iv.  3.  thus, 
Ei4,EX  REGHLNJE,  Suet.  C<Bs.  49.  FiLiA,  Ctc.  Cluent.  70.  Juvenal,  ii. 
57.  Sororis,  Ovid.  Met.  vi.  537.  Epist.  9.  132.  Jovis^  i.^e,  lo,  lb. 
xiv.  95.  et  alibi  passim. 

Married  women  were  called  Matron  s,  or  matres  familias,  GelL 
xviti.  6.  opposed  to  meretrices,  prvstituta,  scortd,  &c. 

There  could  be  no  just  or  legal  marriage  (NUPll^)  justum 
matrimoniwnf  connubium^  canjugium,  vel  consortium,  i.  e.  eademfor^ 
iuna  aut  conditio^  (for  better,  for  worse,)  uiiless  between  Roman  citi- 
zens; NoN  ERAT  CUM  BXTERNO  coNNUBiUM,  Senec.  Ben.  iv.  35. 
without  a  particular  permission  for  that  purpose,  obtained  first  from 
the  people  or  senate,  and  afterwards  from  the  emperors,  Liv.  xxxviii. 
36,  Ulpian.  Fragtn.  v.  4.  Conjuge  barbara  turpis  marilus  vixit^ 
Horat  Od.  iii.  5.  5.  Anciently,  a  Roman  citizen  was  not  allowed 
even  to  marry  a  freed^woman,  lAv.  xxxix.  19.  hence  Antony  is  rer 
.preached  by  Cicero  for  having  married  Fulvia,  the  daughter  of  a 
need-man,  Plin.  ii.  2«  iii.  6.  as  he  afterwards  was  detested  at  Rome 
for  marrying  Cleopatra,  a  foreigner,  before  he  divorced  Octavia ; 
but  this  was  not  esteemed  a.legd  marriage,  Plutarch,  in  Anton. 

By  the  Lex  Papia  PopPiEA,  a  greater  freedom  was  allowed.  On- 
ly senators  and  their  sons  and  grandsons  were  forbidden  to  marry  a 


-J 


390  ROMAN  ANTIQUITIES. 

freed-woman,  an  actress,  or  the  daughter  ot  an  actor^  Dio.  liv.  1& 
Bot  it  was  not  till  Caracalia  had  granted  the  right  of  citizenship  to 
the  inhabitants  of  the  whole  empire,  that  Romans  wc^  permitted 
freely  to  intermarry  with  foreigners. 

The  Romans  sometimes  prohibited  intermarriages  between  neigh* 
boarinff  districts  of  the  same  countiy,  Lir.  viii.  14.  iz.  43.  zlv.  129. 
and»  what  is  stUI  mpre  surprising,  the  states  of  Italy  were  not  allowed 
to  speak  the  Latin  language  in  public,  nor  their  criers  to  use  it  in 
auctions,  without  permission,  Lm  xl.  42. 

The  children  of  a  Roinan  citizen,  whether  man  or  woman,  and  a 
foreigner,  were  accounted  spurious,  and  their  condition  little  better 
'  than  that  of  slaves,  Uv.  xliii.  3.  They  were  called  HYBRlDifi 
or  Ihrxda^  vel  -deg^  HoraL  Sat.  i.  7.  2.  Suet.  Aiig,  19.  the  general 
name  of  animals  of  a  mixed  breed,  or  produced  by  animals  of  a  dif- 
ferent species,  tnongrtU^  (antma/ta,  amhigena]  vel  bigenera^  mtrnmo* 
neSf  Urnbri^  &c.)  as  a  mule,  from  a  horse  and  anass ;  a  dog,  from  a 
hound  and  a  cur,  (canis  ex  tenatico  et  gregario^)  Pfm.  viii.  5.  hence 
applied  to  those  sprung  from  parents  of  different  nations,  Hirt.  dt 
Bell,  Afr.  19.  Martial^  vi.  39.  viii.  22.  and  the  words  compounded 
from  different  lansuages. 

The  children  of  a  lawful  marriajge  were  called  LEGITIMI ;  all 
withers  iLLEGiTiMi.  Of  the  latter,  there  were  four  kinds :  Natuba*- 
LGS,  ex  concubina  ;  8furii,'  ex  nuretrice  vel  scorto  et  ineerto  patrt  ; 
Plutarch.  Q.  Rom.  101.  Adultkrim  et  iifcssTuosi.  There  were 
certain  degrees  of  consanguinity,  within  whipfa  marriage  was  prohn 
bited,  as  between  a  brother  and  sister;  an  uncle  and  niece,  dec 
Such  connexion  was  called  1NCE8TUS,  -iw,  vel  -wm,  Suet.  CI.  26. 
Ner.  5.  Tacit  Ann.  xii.  4.  5  &  8.  or  with  a  Vestal  Virgin,  Sutt. 
Damii.  8,  These  degrees  were  more  or  less  extended,  or  contract* 
ed,  at  different  limes,  Plutarch.  Quasi.  Rom.  6.  Taeit.  Ann.  jxu  6. 
7.  Liv.  i.  42  &  46.  xlii.  34.  Smt.  Aug.  63.  Claud.  26. 

Polygamy,  or  a  plurality  of  wives,  was  forbii^den  among  the  Ro- 
mans, SutL  Jul.  52.  Gic.  de  OraL  L  40. 

The  age  of  puberty  or  marriage,*  was  from  fourteen  for  men, 
and  twelve  for  girls,  Festuk 

A  custom  prevailed  of  espousing  infants,  to  avoid  the  penalties  of 
the  law  against  bachelors :  but  Augustus  ordained,  that  no  nuptial 
enffagement  should  be  valid,  which  was  made  more  than  two  years 
before  the  celebration  of  the  marriage  ;  that  is,  below  ten,  Dio.  liv. 
16.  Ivi.  7.  Suet.  Aug.  34.  This,  however,  was  not  always  observed, 
/.  17.  Digest,  xxiii.  tit.  i.  de.  Sponsal. 

No  young  man  or  woman  was  allowed  to  marry  without  the  con- 
aent  of  the  parents  or  guardians,  Cic.  Flaoc.  35.  Hence  a  father 
was  said  spondere,  vel  despondere  Jiliam  aut  //it/m,  Cic  Att  i.  3. 
Ter,  And.  i.  1.  75.  Tacit.  Agric.  9.  adding  these  words;  Qu-«  acs 
RECTE  vertat:  or  Dii  BENE  VBRTANT,  Plaut.  AuL  ii.  2.  41  A4Q. 
ii.  3.  4« 

«  See  Dezt  note  foUowiof  . 


BITES  OF  MARRIAGE.  391 

There  was  a  meeting  of  friends,  usually  at  the  house  of  the  wo- 
man's father  or  nearest  relation,  to  settle  the  articles  of  the  marriage 
contract,  which  was  written  on  tables  {Ugitima  iabtllcB^)  and*  sealed* 
Juvenal,  ii.  119.  vi.  !;25  d^  199.  x.  336.  This  contract  was  called 
SPON8ALIA,  -orum^  Tel  -turn,  espousals ;  the  man  who  was  betroth* 
ed  or  affianced,  SPONSUS,  and  the  woman  SPONSA,  OtU.  iv.  4. 
SutU  Aug.  53.  CL  12.  or  PACTA,  Plant.  Pan.  y.  3.  38.  THn.  ii. 
4.  99.  ^  before,  SPERATA,  Id.  Amphii.  ii.  2.  44.  and  SPERA- 
TUS,  Ovid.  Ep,  j\.  prope  Jinenu  The  contract  was  made  in  the 
form  of  a  stipulation  An.  spondes  7  Spondco.  Then  likewise  the 
dowry  was  promised,  PlauL  Trin.  v.  2*  34.  Tereni.  And.  y.  4.  47. 
to  be  paid  down  on  the  marriage  day.  Suit.  CL  26.  JuvenaL  x.  335. 
or  fifter wards,  usually  at  three  separate  payments,  (tribus  pensioni' 
bus,)  Cic.  Att  xi.  4.  23.  ^  ult.  On  this  occasion,  there  was  com- 
monly a  feast  *,  and  the  man  gave  the  woman  a  ring,  {annultis  pronu^ 
bus,)  by  way  of  pledge,  JuvenaL  vi.  27.  which  she  put  on  her  left 
band,  on  the  finger  next  the  least ;  because  it  was  believed  a  nerve 
reached  frrtm  thence  to  the  heart*  Macrob.  Sat.  vii.  15. 

Then  also  a  day  was  fixed  br  the  marriage,  Ttr.  Ani.  i.  I.  75. 
Certain  days  were  reckoned  unfortunate  ;  as  the  Kalends,  Nones, 
and  Ides,  and  the  days  w^ich  followed  them,  particularly  tlie  whole 
month  of  May,  Munss  malum  uajo  nobebe  vui<aos  ait,  Ovid.FasU 
T.  490.  Plutarch.  Q.  Rom.  85.  and  those  days  which  were  called 
Atri,  marked  in  the  kalendar  with  black  \  also  certain  festivals,  as 
that  of  the  Sa/n,  Partntalia^^c  Macrob.. Sat.  i.  15.  But  widows 
might  marry  on  those  days,  Atd  Plut.  Q.  Rom.  103. 

The  most  fortunate  time  was  the  middle  of  the  month  of  June, 
Ovid.  Fast.  vi.  221.  Plutarch.  Ibid. 

If  after  the  espousals  either  of  the  parties  wished  to  retract  (span* 
satia  dissolvere,  hifirniare,  vel  infringtre,)  which  they  expressed  thus, 
CoNBiTioNE  TUA  NON  UTOR,  it.wascslled  REPUDIUM.  Hence, 
Repudiatus  repetor,  after  being  rejected,  I  am  sought  back,  Tir.  And. 
i.  D.  15.  and  when  a  man  or  woman,  after  signing  the  contract,  sent 
notice  that  they  wished  to  break  oflf  the  match,  Uiey  were  said,  /2e- 
pndium  ei  vel  amtcis  ejus  mittere^  rtmitiere,  vel  renunciaref  Ter. 
Phorm.  iv.  3.  72.  v.  6.  35.  Plaut.  AuL  iv.  10.  69.  But  Repudiate 
also  signifies,  to  divorce  either  a  wife,  Suet.  Cm.i.  or  a  husband, 
Quinctil.  vii.  8.  2. 

On  the  wMding-day,  the  bride  was  dressed  in  a  long  white  robe 
bordered  with  a  purple  fringe,  or  embroidered  ribands,  {s^gmetita  ei 
longi  habitus  J  Juvenal,  ii.  124)  thought  to  be  the  same  with  xaNiCA 
RECTA,  Plin.  viii.  48.  bound  with  a  girdle,  Lucan.  ii.  362.  made  of 
wool,  (ZONA  vel  dngulum  laneum,)  tied  in  a  knot,  called  nodot 
Herculeus,  which  the  husband  untied  (solvebat,)  Ovid.  Kp.  ii.  116. 
Pestus.  Her  face  was  covered  (NUBEBATUR)  with  a  red  or 
flame-coloured  veil,  {luieum  FLAMMEUM,)  vel  -u«,  to  denote  her 
modesty,  Lucan.  ii.  361.  JuvenaL  ii.  124.  vi.  224  et  ScoL  in  loc. 
X.  334  Martial,  xii.  42.  Plin.  xxi.  8.  hence  Nubbrb,  sc.  se  vtVo,  to 
marry  a  husband :  dare^  vel  colhoarc  Jiliam  nuptum  v.  ntyliit,  i.  e* 


393  ROMAN  ANTIQUITIES. 

in  matrimonium  dare^  to  many  a  daughter,  or  dispose  of  her  in  mar' 
riage.  Her' hair  waa  divided  into  six  locks  with  the  point  of  a  speaiv 
Plui.  in  Romul.  et  QwtsL  86  vel  87.  Ovid,  Fast.  ii.  560.  and  crown- 
ed with  flowers,  Catul.  lix.  6.  Her  shoes  were  of  the  same  colour 
with  her  veil,  (tiUei  aocci^  Catul.  lix.  10.  Plant  Cas.  prol.  89.  Cic 
Claent.  5.  Divin.  i.  16.  Liv.  xlii.  12.  Soet  CI.  36.  Tacit.  Ann.  xi. 
27.  Val.  Max.  ix.  1. 

No  marriage  was  celebrated  without  consulting  the  auspices,  /iiv. 
X.  336.  Cic.  Div.  i.  16.  Cluent.  5  &  16.  Plaut.  Cibs.  prol.  86.  Stut. 
Claud.  26.  Tacit.  Ann.  xi,  27.  Lucan.  \\.  371.  and  offering  sacrifices 
to  the  gods,  especially  to  Juno,  the  goddess  of  marria^,  Ftr^.  jSn. 
iv.  59.  Anciently,  a  hog  was  sacrificed,  Varro.  R.  R.  ii.  4.  The  gall 
of  the  victim  was  always  taken  out^  and  thrown  away,  to  signify  the 
removal  of  all  bitterness  from  marriage,  Plutarch,  pracep.  conjug. 
The  marriage  ceremony  was  performed  in  the  house  of  the  bride's 
father,  or  nearest  relation.  In  the  evening,  the  bride  wasconducted 
(DUCEBATUR  vel  dtductbatur)  to  her  husband's  house.  She  was 
taken  apparently  by  force  {abripitbatur)  from  the  arms  of  her  mother 
or  nearest  relation,  in  memory  of  the  violence  used  to'  the  Sabine 
women.  Three  boys,  whose  parents  were  alive,  attended  her ;  two 
of  them,  supporting  her  by  the  arm,  and  the  third  bearing  a  flambeutt 
of  pine  or  thorn  before,  (TVedor  pinea  vel  spinta^)  Festus ;  CatuII.  lix. 
15.  Plin.  xvi.  18.  Propert.  iv.  12. 46.  There  were  five  other  torches 
carried  before  her,  (called  Faces  Nuptialxs,  Cic.  Cluent.  6.  Ma- 
&ITA,  Ovid.  Ep.  xi.  lOL  Legitiiub,  Lucan.  ii.  356.)  Plutarch. 
Q.  Rom.  2.  Hence  Tjeda  is  put  for  marriage,  Virg.  Mn.  iv.  18. 
Ovid.  Met.  iy.  GO. 

Maid-servants  followed  with  a  distaff,  a  spindle  and  wool ;  (co/ta 
compta^  etfusus  cum  stamintf)  intimating,  that  she  was  to  labour  at 
spinning,  as  the  Roman  matrons  did  of  old,  Plin.  viii.  48.  s.  74.  Ovid. 
Fast.  ii.  741.  Liv.  i.  57.  and  as  some  of  the  most  illustrious  did  in 
later  times.  Augustus  is  said  to  have  seldom  worn  any  thiqg 
but  the  manufkcture  of  his  wife,  sister,  daughter,  and  nieces,  at  least 
for  his  domestic  robes,  Suet.  Aug.  73. 

A  boy,  named  CAMILLUS,  carried  in  a  covered  vase,  called  Co- 
MERUM,  vel  -a,  the  bride's  utensils,  (nubentis  utensiua,)  Festus  ; 
and  playthings  for  children,  (Crepundia,)  Plaut.  Cist.  iii.  1.  5. 
i?tiAiv.4.  110. 

A  great  number  of  relations  and  friends  attended  the  nuptial  pro- 
cession, (pompam  nuptialem  ducebant,)  which  was  called  OFPI- 
ClUM,  Juvenal,  ii.  132.  vi.  202.  Suet.  Cal.  25.  Claud.  26.  J/er.  28. 
Hence  DUCERE  uxorem^  sc  domum,  to  marry  a  wife.  -ITw  boys 
repeated  jests  and  railleries  {sales  et  convicia)  as  she  passed  alonff, 
Lucan.  IL  369.  Festus.  Catull.  lix.  127. 

The  door  and  door-posts  of  the  bridegroom's  house  were  adorned 

^1  «r!?^^®^*°^  flowers,  and  the  rooms  with  tapestry,  Juvenal,  vi. 
61.  79  &  226. 

^'T^tt^^  '^ride  came  thither,  being  asked  vrtio  she  was,  she  an- 
swered, Ubi  to  Caius,  iBi  Eoo  Caia,  L  e.  Ubi  tu  Dominus  et  pater 


BITES  OF  MARRUGB.  909 

fikniUas^  tdn  ego  Domina  el  mater  familias.  A  new^married  woman 
-  was  called  CAIA,  from  Caia  Cacilia  or  Tanaquily  the  wife  of  Tar« 
quiniuB  PriaciM,  who  is  said  to  haVe  been  an  excellent  s|Mnsler  (/a* 
ni^ca)  and  housewife,  Cic.  Mtr.  12.  Quinetil.  i.  7.  Feehu.  Her 
distaff  and  spindle  were  kept  in  the  temple  of  Sdngus  or  Hercules^ 
Plin.  Tiii,  48.  s.  74. 

The  bride  bound  the  door-posts  of  her  husband  with  woollen  fil* 
lets,  Plin.  xxix.  2.  s.  9.  Lucan.  ii.  355.  Sero.  in  Virg.  Mn.  iv.  458. 
and  anointed  {yngehai)  them  with  the  fat  of  swine  or  wolves,  to  avert 
fascination  or  enchantments  ;  whence  she  was  called  UXORi  quari 
UifXOR,  Serv.  ibid.  Plin.  xxviii.  9.  s.  37. 

She  was  lifted  over  the  threshold,  Lucan*  ibid.  Plutarch,  in  R0* 
mul.  et  qwtst.  Rom.  29.  or  gently  stepped  over  it,  Plant.  Cos.  iv.  4* 
1.  It  was  thought  ominous  to  touch  it  with  her  feet,  because  the 
threshold  was  sacred  to  Vesta,  the  goddess  of  virgins,  Serv.  in  Virg. 
Eel.  viii.  29. 

Upon  her  entry,  the  keys  of  the  house  were  delivered  to  her,  to 
denote  her  being  intrusted  with  the  management  of  the  family,  Fes^^ 
tu8.  A  sheep's  skin  vras  spread  below  her ;  intimating,  that  she 
was  to  work  at  the  spinning  of  wool,  Plutarch.  quiBst.  Rom.  31. 
Both  she  and  her  husband  touched  fire  and  water ;  because  all  things 
were  supposed  to  be  produced  from  these  two  elements,  Plutarch. 
Q.  Rom.  1.  Varro  dt  L.  L.  iv.  W.  Ovid,  Fast.  iv.  792.  Art.  Am* 
ii.  596.  with  the  water  they  bathed  their  feet,  Serv.  in  Virg.  JEn.  iv. 
167. 

The  husband  on  this  occasion  gave  a  feast  (CCENA  NUPTIA- 
LI8)  to  his  relations  and  friends,  to  those  of  the  bride  and  her  at* 
tendants.  Plant.  Cure.  v.  2.  62.  Suet.  Col.  25.  Juvenal,  vi.  201. 

Musicians  attended,  who  sang  the  nuptial  song^  (EPITHALA* 
MIUM,)  HYMBNiEus  vel  -urn,  vel  Thalassio,  Martial,  iii.  93.  25« 
Catull.  61.  Ter.  Adelph.  v.  7.  7.  Stat.  Sylv.ix.  7.  87.  They  often 
repeated,  lo  Hymen  Hymenjee,  Plant.  Cos.  iv.  3.  and  Thalassio, 
Martial,  i.  36. 6.  from  Hymen^  the  god  of  marriage  among  the  Greeks; 
and  Thalassus  among  the  Romans,  ibid.  Martial,  xiii.  42.  5.  or  from 
one  Talassius^  who  uved  jn  great  happiness  with  his  wife,  Festust 
lav.  i.  9.  as  if  to  wish  the  new-married  couple  the  like  felicity, 
Plutarch,  in  Pomp,  (or  from  raXatfia,  lanificium^  Plutarch,  in  Ro- 
raulo.)  The  words  used  also  to  be  i*esounded  by  the  attendant|( 
of  the  bride  on  the  way  to  her  husbanded  house.  Martial,  ibid.  Ovid, 
Ep.  xii.  143.  xiv.  27.  Hence  Hymtnaos  canere^  to  sin^  tlie  nup- 
tial  song,  f^irg.  JEn.  vii.  398.  vel  Hymen<Ba^  sc.  carmxna^  Ovid. 
Art.  Am.  i.  563.  HymencBi  inconcessi,  forbidden  nuptials,  Virg.  AEn* 
i.  651.  vetiti.  vi.  623. 

After  supper,  the  bride  was  conducted  to  her  bed-chamber  {in  tha- 
lamum)  by  matrons  who  had  been  married  only  to  one  husband, 
called  PronubaSf  Festus  ;  and  laid  (collocabaiur)  in  the  nuptial 
couch,  {lectus  genialis,)  which  was  magnificently  adorned,  Catull. 
\\x.  188.  and  placed  in  the  ball,  {in  airio  vel  aula^  Horat.  Ep.  i.  1. 
87.)  opposite  {adversusy  to  the  door,  and  covered  with  flowers,  Cic. 

50 


394  ROMAN  ANTIQUITIES. 

CViiefil.  &  CaluU.  lit.  193.  Dtmat.  in  Ter.  Etm.  iiL  5.  45.  Juoemal. 
X.  32UL  Tacit.  Ann.  xr.  37.  Propert.  ir.  IL  81.  Oell.  xvl  9.  some- 
times io  ibe  ffardeiit  Juvenal,  x.  334.  If  it  had  eyer  been  used  for 
that  purpose  Dcfore,  the  place  of  it  was  chan^,  Propert.  W.  1% 
85«  iv*  9.  59.  There  were  images  of  certain  divinities  around,  Su- 
Bious,  PxRTUNDAy  &c.  Amob.  iv.  Augustin.  de  civ.  Dei.  vi.  9. 
NuptkJ  songs  were  suns  by  young  women  before  the  door  till  mid* 
night,  Ovid.  Fast.  iiL  ff75.  ^5.  hence  called  Epithalamu.  The 
hnsband  scattered  nuts  among  the  boys,  Plin.  xv.  32.  Serv.  m 
Virg.  Ed.  viii.  30.  Catull.  lix.  131.  intimating  that  he  dropt  boy- 
ish  amusements,  and  thenceforth  was  to  act  as  a  man.  Hence  mi- 
ees  reliqueref  to  leave  trifles,  and  mind  serious  business.  Pen.  i.  10. 
or  from  boys  playiog  with  nuts  in  the  time  of  the  Satunutlia^  Suet 
Aug.  83.  Martial.  ▼•  85.xiv.  1. 13.  which  at  other  times  was  fiirbid- 
den,  ib.  18.  Young  women,  when  they  married,  consecrated  their 
playthings  and  dolls  or  babies  (PUPiE)  to  Venus,  Pers.  ii.  70.  The 
guests  were  dismissed  with  small  presents,  (Apopharitaf)  MartiaL 
xiy.  1.  Juvenal,  vi.  303. 

Next  day,  another  entertainment  was  given  by  the  husband,  call- 
ed BEPOTLA,  'orumf  Festus.  Horat  Sat  ii.  2.  60.  when  presents 
were  sent  to  the  bride  by  her  friends  and  relations ;  andsbe  began 
to  act  as  mistress  of  the  fiunily,  by  performing  sacred  rites,  Macrob. 
SfiU.  I  15. 
.  A  woman  after  marriage  retained  her  former  name  ;  as  Ju/to, 
7u//ia,  Octavia^  Patdla^  Valeria^  &c.  joined  to  that  of  her  husband ; 
as  Catonis  Marcia,  Lucan.  ii.  344  JiUia  Pompeii^  Terenlia  Cicero^ 
niSf  Livia  Augusti^  &c. 

Divorce,  (DIVORTIUM,)  or  a  right  to  dissolve  the  marriage, 
was  by  the  law  of  Romulus  permitted  to  the  husband,  but  not  to  the 
wife,  Plutarch,  m  Romulo  ;  as  by  the  Jewish  law,  Deutr.  xxiv.  I. 
not  however  without  a  just  cause.  Festm  in  SONTICUM.  A 
groundless  or  imjust  divorce  was  punished  with  the  loss  of  effects ; 
of  which  one  half  fell  to  the  wife,  and  the  other  was  consecrated  to 
Ceres,  Plutarch,  ibid. 

A  man  might  divorce  his  wife,*  if  she  had  violated  the  conjugal 
f9ith,  used  poison  to  destroy  his  offspring,  or  brought  upon  him  sup- 
posititious children ;  if  she  had  counterfeited  his  private  keys,  or 
wen  drunk  wine  without  his  knowledge,  Plutarch,  ibid.  GelL  x.  23. 
Plin.  xiv.  13.    In  these  cases,  the  husband  judged  together  with  his 

•  By  the  law  of  the  State  of  New-York,  a  Divorce  a  vinado  matrimonii  is  allow- 
a»Jj  only  Jtt  case  of  adttltery.    The  Chancellor  b  the  judge. 

The  Leffislator  have,  however,  granted  divorces  by  law  on  other  grounda. 

i^f  *''*'•  ^^*  parties  living  together,  as  man  and  wife,  or  declaring  themselves 
so  before  witnesses,  makes  a  valid  though  informal  marriage. 

The  propriety  of  the  marriage  union  will  appear  from  this  oircnmsUnce,  that  from 
;?*CS!  U  kept,  and  computations  made  by  GraMf,  Dunham,  Prios,  and  othen, 
I?*iZf?£!l'^?°?  of  males  born,  to  females,  is  as  14  to  13 ;  and  that  the  number  of 

Tt^?i!;  ♦  ®  '?  infancy,  considerably  exceed  that  of  the  females  ;  besides,  the  pe- 
eniiar  diMsters  to  which  males  are  liable  prove  an  additional  cause  of  Uie  dimioa- 
tion  of  the  niunber  of  males.— 5bs  Encyd.  BriU,    ArUcle  Jl^rriag$. 


RITES  OF  AfARRIAGEL  805 

wife's  relatioiit,  Diotiyv.  ii.  25.    This  law  m  loppoied  to  liaTe  teen 
copied  into  the  twelve  tables,  Cic.  Phil.  ii.  28. 

Although  the  law  allowed  husbands  the  liberty  of  divorce,  there 
was  no  instanoe  of  its  being  exercised  for  about  590  years.  Sp. 
Canrelius  Ruga  was  the  first  who  divorced  his  vnfe,  although  fimd 
of  her,  because  she  had  no  children,  on  account  of  the  oath  he  had 
been  forced  to  take  by  the  censors,  in  common  with  the  other  dti- 
aens,  uswrum  it  libeHim  quctrtndorum  graiid  Ao&ttunim,  that  be 
would  marry  to  have  children,  OelL  iv.  3.  Vol.  Max.  ii.  1.  4.  Dio* 
nj/M.  ii.  25.  i 

Afterwards  divorces  became  veiy  frequent ;  not  only  for  import- 
ant  reasons,  Sutt.  Aug.  62.  Claud.  26.  Aer.  35.  but  often  on  the 
most  frivolous  pretexts.  Vol.  Max.ylZ.  11  6l  12.  Dio.  46.  1&  Piti- 
tarch.  in  L.  Paulloet  Ciceron.  Juvenal,  vi.  147.  Caesar;  when  he  di** 
vorced  Pompeia,  the  niece  of  Sylla,  because  Clodius  had  got  admis- 
sion to  his  house  in  the  garb  of  a  music-girl,  at  the  celebration  of 
the  sacred  rites  of  the  Bona  Dea^  Cic.  Sext  34.  declared  that  he  dkl 
not  believe  any  thing  that  was  saod  against  her,  but  that  he  could  not 
live  with  a  wife  who  had  dnce  been  suspected.  Die.  37.  4&  Suet. 
Qbs.  6.  Cic.  AtU  1. 12. 

If  a  wife  was  guilty  of  infidelity,  she  forfeited  her  dowir,  Val. 
Max.  viiL  2.  3.  but  if  the  divorce  was  made  without  any  fault  of 
hers,  the  dowry  was  restored  to  her.  When  the  separation  was  vo* 
luntary  on  both  sides,  {ctan  bona  oaATiA,  a  $t  invictm  diseedebant,) 
she  sometimes  also  retained  the  nuptial  presents  of  her  husband* 
Ovid,  de  Rem.  Am.  669. 

In  the  later  ages  of  the  republic,  the  same  liberty  of  divorce  was 
exercised  by  the  women  as  by  the  men.  Some  think  that  right  was 
granted  to  them  by  the  law  of  the  twelve  tables,  in  Imitation  of  the 
Athenians,  Pluiareh.  in  Alcibiade.  This,  however,  seems  not  to  have 
been  the  case :  for  it  appears,  they  did  not  enjoy  it  even  in  the  time 
of  Plautus ;  Mercat.  iv.  6.  only  if  a  man  was  absent  for  a  certain 
time,  his  wife  seems  to  have  been  at  liberty  to  marry  another,  Plants 
Stick,  i.  1.  29.  Afterwards,  some  women  deseited  their  husbands, 
so  frequently  and  with  so  little  shame,  that  Seneca  says,  they  reck- 
oned their  years  not  from  the  number  of  Consuls,  but  of  husbands^ 
de  btnef.  iii.  16.  So  Juvenal,  Piunt  ocio  mariti  quinque  per  auium' 
ftof,  vi.  228.  Martial,  vi.  7.  often  without  any  just  cause,  Cic.  Fam. 
viiL  7.  But  a  freed-woman,  if  married  to  her  patron,  was  not  per- 
mitted to  divorce  him,  (ei  rtpudium  mitUre.) 

Augustus  is  said  to  have  restricted  this  license  of  bona  gratia 
divorces,  as  they  are  called,  Suet.  Aug.  34.  and  likewise  Domitian. 
They  still  however  prevailed,  although  the  women  who  made  them 
were  by  no  -means  respectable,  Qucb  nubit  toties^  nan  nubU^  adultera 
lege  esif  Martial,  vi.  7. 

The  man  was  said  asrosrifMvA,  dimiUere  uxorem  ;  and  the  woman 
dvsoKsivfsWf  rtlinquere  vel  destrtrt  virum  ;  both,  Facere  divortxum  cum 
uxore  vel  viro^  a  virOf  vel  ab  uxore,  Cic.  Fam.  viiL  7.  D.  24.  3. 34, 


996  ROMAN  ANTIQUITIES. 

A  divorce  anciently  was  made  with  different  ceremonies,  accord- 
ing to  the  manner  in  which  the  marriage  had  been  celebrated. 

A  marriaffe  contracted  by  confarreatio,  was  dissolved  by  a  sacri- 
fice  called  DIFFARREATIO,  Piitus ;  which  was  still  in  use  in  the 
time  of  Plutarch,  when  a  separation  (discidium)  took  place  betwixt 
the  Fkunen  of  Jupiter  and  his  wife,  (Flaminica,)  Qusest.  Rom. 

A  marriage  contracted  by  coemption  was  dissolved  1^  a  kind  of 
r€lea$€,  called  REMANCIPATIO,  Id.  In  this  manner,  Cato  is  sup- 
posed  to  have  voluntarily  given  away  his  wife  Marcia  to  Hortensius, 
PhUarcK  m  Cat.  and  Tiberius  Nero,  his  wife  Livia  to  Auffustujs 
even  when  big  with  child,  Tacit.  Ann.  v.  L  Dio.  48.  44.  VM.  II. 
94. 

In  later  times,  a  divorce  was  made  with  fewer  ceremonies ;  in 

Jiresence  of  seven  witnesses,  the  marriage -contract  was  torn,  {Ta» 
ulc8  nuptiales  vel  dotahs  frangtbaniur^  Tacit.  Ann.  xi.  30.  Juvenal, 
ix.  75.  the  keys  were  taken  from  the  wife,  (claves  adimebantur^)  Cic. 
Phil.  ii.  28.  then  certain  words  were  pronounced  by  a  freed-man, 
or  by  the  husband  himself,  Rss  tuas  tibi  habe  vel  oBto;  Tuas 

BBS  TIBI   AOITO  ;  Exi,   XXI   OCTUS  ;    VaDB  rORAS,  I    rORAB,   M DLIBR  ; 

CEDE  DOMO,  Plata.  Cmsin.  ii.  2.  36.  Cic.  de  Oral.  i.  40.  PlavL  Amph. 
ui.  2.  47.  Ovid.  Ep.  xii.  134.  Jm.  vL  145.  Mart.  x.  42.  xi.  105.  /. 
8  &  9.  D.  de  divort*  Hence  Exigere  forat^  vel  ejictre^  to  divorce, 
Cie.  Phil.  ii.  28. 

If  the  husband  was  absent,  he  sent  his  wife  a  bill  of  divorce  (ntm- 
ciwn  remittebat,)  Cic.  Att.  i.  10.  on  which  similar  words  were  in- 
scribed.     This  was  called  matrimonii  rbnunciatio. 

If  the  divorce  was  made  without  the  fault  of  the  wife,  her  whole 
portion  was  restored  to  her ;  sometimes  all  at  once,  but  usually  by 
three  different  payments,  Cic.  Att.  xi.  4.  23.  25. 

There  was  sometimes  an  action,  (actio  maljb  tractatiokis,)  to 
determine  by  whose  fault  the  divorce  was  made,  Cic.  Top.  4.  Quine- 
tU.  viL  3.  dtclam,  viii.  18.  383.  When  the  divorce  was  made  by 
the  wife,  she  said,  Yaleas,  tibi  habeas  tuas  res,  rbddas'meas; 
Plaui.  Amph.  iii.  2. 47. 

Divorces  were  recorded  in  the  public  registers  {acta,)  Cic.  Fam. 
viii.  7.  Senec.  de  benef.  as  marriages,  Juvenal,  ii.  136.  births,  Id.  ix. 
84.  and  funerals.  Suet,  J^er.  39. 

Widows  were  obliged  to  wear  mourning  for  their  husbands  at 
least  ten  months,  Senec.  Epist.  65.  and  if  they  married  within  that 
time  they  were  held  infamous,  L.  2.  C.  de  stcund.  nupt.  but  men 
ware  under  no  such  restriction. 

M.  Antoninus,  the  philosopher,  after  the  death  of  his  wife  Faus- 
tina, lived  with  a  concubine,  (ne  tot  liberis  superducrret  novercam,) 
that  he  might  not  bring  in  a  step-mother  on  his  children,  Capitolnu 
in  vita  ejus^fin. 

Second  marriages  in  women  were  not  esteemed  honourable,  and 
those  who  had  been  married  but  to  one  husband,  or  who  remained 
in  wWowhood,  were  held  in  particular  respect :  hence  UNIVIRA 
ii  often  found  in  ancient  inscriptions,  as  an  epithet  of  honour.    So 


FUNERALS.  397 

Uni  hupta,  Propert.  W.  nli.  Sach  as  married  a  second  time  were 
not  allowed  to  officiate  at  the  annual  sacred  rites  of  Female  Fortane, 
(Foriuna  tmdithrisii  Dionys.  viiL  56.  Yal.  Max.  1.  8.  4.  Serv.  in 
yiif[.  JEn.  ir.  19.  Festus  in  Pudicitict  signum.  Among  the  Germans, 
flecond  marriages  were  prohibited  by  law,  TaciL  de  Mor.  Germ*  19. 

IV.  ROMAX  FUNERALS. 

Thk  Romans  paid  the  greatest  attention  to  funeral  rites,  because 
they  believed  that  the  souls  of  the  unburied  were  not  admitted  into 
the  abodes  of  the  dead  ;  or  at  least  wandered  a  hundred  years  along 
the  river  Styx  before  they  were  allowed  to  cross  it ;  for  which  rea- 
son, if  the  bodies  of  their  friends  could  not  be  found,  they  erected 
to  them  an  empty  tomb,  (Tumulus  inanis,  xcvoro^iov,  Cenoiaphium^) 
at  which  they  performed  the  usual  solemnities,  Virg.  ^n.  iii.  304.  vi. 
326.  505.  Slat.  Theh.  xii.  162.  and  if  they  happened  to  see  a  dead 
body,  they  always  threw  some  earth  upon  it,  lb.  365.  Horat.  Od.  i. 
38.  ^  &  36.  and  whoever  neglected  to  do  so,  was  obliged  to  ex* 
piate  his  crime  by  sacrificing  a  hog  to  Ceres,  Ftstus  in  Prjecidanka 
AGif  A  :  IiMioe  no  kind  of  death  was  so  much  dreaded  as  shipwreck, 
Ov.  TVtf/.  i.  2.  51.  Hence  also.  Rite  condere  maneg^  to  bury  in  due 
form,  P/tn.  Ep.  vii.  27.  Condere  animam  sepulchro^  Virg.  JEn.  iii.  68. 
See  Plaut.  Mont.  ii.  2.  66.  Sutl.  Cal.  59.  and  to  want  the  due  rites 
was  esteemed  the  greatest  misfortune,  Ovid.  Ep.  x.  119, 

When  persons  were  at  the  point  of  death,  tneir  nearest  relation 
present  endeavoured  to  catch  their  last  breath  with  their  mouth, 
{ixtremum  spiritum  ope  txcipere :)  Cic.  Ver.  v.  45.  Virg.  ^n.  vi.  684. 
for  they  believed  that  the  soul  or  living  principle  (ANIMA)  then 
went  out  at  the  mouth  :  hence  the  soul  of  an  old  person  {anima  le- 
ni7ti)  was  said  inprimif  lahris  esse,  Senec.  Ep.  30.  or.  in  oreprimo 
teneri,  Id.  Here.  fur.  1310.  so  animam  agere,  to  be  in  the  agony  of 
death,  Liv,  xxvi.  14.  Cic.  Fam.  viii.  13.  Tusc.  i.  9.  Senec.  Ep.  lOL 
Ammam  dare,  Mare,  exhalare,  exspirare,  effundere,  &c.  to  die* 

They  now  abo  pulled  off  their  rings,  Suet.  Ttb.  73.  Plin.  xxxi.  1. 
^diich  seem  to  have  been  put  on  again  before  they  were  placed  on 
the  funeral  pile.     Propert.  iv.  7.  9. 

The  nearest  relation  closed  the  eyes  and  mouth  of  the  deceased, 
Virg.  JEn.  ix.487.  Ovid.  Her.  i.  102  &  113.  ii.  120.  x.  120.  Lucan. 
iii.  740.  probably  to  make  them  appear  less  ghastly,  Suet.  Ker.  4ld. 
The  eyes  were  afterwards  opened  on^the  funeral  pile,  Plin.  xi.  37. 
8.  55.  When  the  eyes  were  closed,  they  called  (inclamahant)  upon 
the  deceased  by  name  several  times  at  intervals,  Ovid.  Trist.  iii.  3. 
43.  repeating  ave  or  vale,  Catuli.  xcviii.  10.  Ovid.  Met.  x.  62. 
Fast,  iv.  85§.  whence  corpora  nondum  conclamata,  just  expiring, 
Lucan.  ii.  23.  and  those  who  had  given  up  their  friends  for  lost,  or 
supposed  them  dead,  were  said  eos  conclamavisse,  Liv.  iv.  40.  so 
when  a  thing  was  quite  desperate,  it  was  expressed  by  the  words 
CoRCLAMATUif  EST,  all  is  ovcr,  Ter,  Eun.  ii.  3b  56. 

The  corpse  was  then  laid  on  the  ground,  Ov.  Trist.  iiL  3.  40i 


3d6  ROMAN  ANTIQUITIES. 

Hence  DEP08ITUS :  for  m  ^timo  posUta,  desperatm  $aluti$,  dei- 
perate,  dyiDg>  past  hopes  of  recoveiy,  U.  ex  PanU  ii.  3.  47.  TritL 
ui.  3.  40.  Vtrg.  Mn,  xii.  395.  Ctc.  f^err.  I  2.  or  fttim  the  ancient 
custom  of  placing  sick  persons  at  the  gate,  to  see  if  any  that  passed 
had  ever  been  ilT  of  the  same  disease*  and  what  had  cured  them, 
Serv.  in  Virg.  Mn.  xii.  395.  Sirab.  iii.  p.  155.  zvi.  746.  Herodoi. 
L  197.  Hence  Dbponsrb  aluniem  vino,  to  intoxicate,  Plaut,  AuL 
iiu  6.  39.  PosUi  artus,  dead,  Ovid.  Her.  x.  122.  so  composiius  vmo 
$iminoque^  overpowered,  Ovid.  Amor.  i.  4.  51.  ii.  5.  22. 
The  corpse  was  next  bathed  with  warm  water,  and  anointed  witk 

Krfumes,  Virg.  JEn.  vi.  219.  Ovid.  Her.  x.  122.  Plin.  EpUi.  ▼.  16. 
slaves  called  POLLINCTORES,  (tfuaii  peliis  'jnctores,)  Plamt. 
Atin.  V.  2.  60.  Pan.  proL  63.  belonging  to  those  who  took  care.of 
funerals,  (LIBITINARII ;)  Stnec.  de  benef.  vi.  38.  and  had  the  chaiige 
cf  the  temple  of  Venus  lihiiina  ;  where  the  things  requisite  for  fiiM- 
rals  {necessaria  fvneribus)  were  sold,  Plutarch.  Ram.  quasi.  R.  2S. 
Liv.  xii.  21.  Hence  Vitare  Libitinam,  not  to  die,  Horai.  Od.  iii.  30. 6. 
JMSrart  nihil^  nisi  quod  Ldbitina  sacravil^  to  admire  nobody  till  after 
his  death.  Id.  Ep.  ii.  1.  49.  Libilinam  evadere^  to  escape  death, 
Juvenal,  xii.  122.  lAbitina  is  also  put  for  the  funeral  couch,  MariiaL 
viiL  43. 4.    Acron.  in  Hor.  Od.  iii.  30.  6. 

In  this  temple  was  kept  an  account  {ratio  vel  ephemeru^  of  thoee 
who  died.  Suet.  J>ler.  39.  for  each  of  whom  a  certain  coin  was  peidi 
Dionys.  iv.  15.  hence  Autumnusqut  gravis^  UbiiiiKB  gu/Bstus  acerbMS^ 
because  autumn,  being  unhealthful,  usually  occasioned  great  morta- 
lity, Horat.  Sat.  ii.  6.  19.     So  Phadr.  iv.  19. 25. 

The  money  paid  for  the  liberty  of  burial  and  other  expenses,  was 
called  ARBITRIUM,  oftener  plur.  -a,  Cic.  post  red.  in  Sen.  7. 
Dom.  37.  Pis.  9.  so  arbitrium  vendendi  salisy  the  monopoly  of  salt, 
Iav.  ii.  9. 

The  body  was  then  dressed  in  the  best  robe  which  the  deceased 
had  worn  wl^n  alive,  Virg.  .Sin.  ix.  488.  Ordinary  citizens  in  a 
white  tog{By  Juv.  ii.  172.  Magistrates  in  their  pratexta^  &c  and  laid 
{tomponebatur  vel  coltbcahaiur)  on  a  couch  in  the  vestibule  {locus 
vacuus  ante  januam  dom&s^  per  quern  a  via  ad  cedes  iter^  Gell.  xvi.  5.) 
with  the  feet  outwards,  as  if  to  take  its  last  departure,  Ovid.  Met.  ix. 
502.  Tatit.  Agric.  45.  Senec.  Ep.  12.  brev.  vit.  20.  Suet.  Aug.  101. 
Pers.  iii.  104.  Hence  componere,  to  bury,  Horat.  Sat.  1.  9.  28. 
Ovid.  Fast.  iii.  547.  v.  426.  Tacit.  Hist.  i.  47.  Then  a  lamentation 
was  made.  Hence  Sic  positum  affaii  discedite  corpus^  Virg.  ^n.  iL 
644.  The  couch  was  sometimes  decked  with  leaves  and  flowers, 
Virg.  JEn.  xi.  66.  Dionys.  xi.  39.  the  bedstead  of  ivory.  Prop.  ii. 
10.  21.  If  the  deceased  had  received  a  crown  for  his  bravery,  it 
was  now  placed  on  his  head,  Cic.  de  legg.  ii.  24.  Plin.  xxi.  3.  A 
small  coin,  iriens  vel  obolus^  was  put  in  his  mouth,  which  he  might 

Eve  to  Charon,  {Portitor  vel  Porthmeus,  the  ferryman  of  hell,)  lor 
8  fre^fat,  Juven.  iii.  267.  Hence  a  person  who  wanted  this  and  the 
other  funeral  oblations,  was  said,  Abiis  ad  Acheruntem  sine  viatico  ; 
for  without  them  it  was  thought  that  souls  could  not  purchase  a 


FUNERALS.  3M 

lodging  or  place  of  rest,  {nusquam  poBst  divtrlif)  Phuit.  Pqni.  proL 
71. 

A  branch  of  cypress  was  placed  at  the  door  of  the  deceased, 
at  least  if  he  was  a  person  of  consequence,  Lucaiu  iiL  442.  Fetitif, 
Horat.  Od.  ii.  14.  23.  PHiu  xvi.  33.  to  prevent  the  PmUtftx  Mtisi' 
mttf  from  entering,  and  thereby  being  polluted  :  Strv,  ad  Virg^  JEiu 
iiL  64.  iv.  507.  for  it  was  unlawful  for  him  not  only  to  touch  a  dead 
body,  Dto.  Ivi.  31.  but  even  to  look  at  it.  Seme.  Marc.  15.  Id.  liv.  28. 
This  tree  was  sacred  to  Pluto,  because  when  once  cut,  it  never 
^ws  again,  called  atra^feratisy  funerea^  vel/ti/iefrm,  from  its  be- 
ing used  at  funerals,  Ibid. 

The  Romans  at  first  usually  interred  (kumabani)  their  dead,  which 
is  the  most  ancient  and  most  natural  method,  Cic.  de  Ugg.  it  22. 
P/m.  Tii.  54.  Qenes.  iiL  19.  They  early  adopted  the  custom  of 
burning  {cremandi,  yel  amiburendi)  from  the  Greeks,  Pluiarch.  in 
Jfumoy  which  is  mentioned  in  the  laws  of  Numa,  and  of  the  twelve 
tables,  Cic.  ibid,  but  it  did  noLbecome  general  till  towards  the  end 
of  the  republic. 

Sylla  was  the  first  of  the  Patrician  branch  of  the  Oens  Cornelia 
that  was  burnt ;  which  he  is  supposed  to  have  ordered,  lest  any  one 
should  dm  up  his  body,  and  dissipate  his  remains,  ks  he  did  those  of 
Marius,  Cie.  Plin.  ibid.  Pliny  ascribes  the  first  institution  of  burn- 
ipg  among  the  Romans,  to  their  having  discovered  that  the  bodies  of 
those  who  fell  in  distant  wars  were  dug  up  by  the  enemy.  Ibid.  The 
wise  men  among  the  Indians,  called  GvMNOsopHisTiE,  commonly 
burnt  themselves  alive,  Plin.  vi.  19.  s.  22.  as  Calanus,  in  presence 
of  Alexander,  Cic.  7Wc.  iL  21 .  Zamarus,  at  Athens,  while  Augustus 
was  there,  Dio.  liv.  9. 

Under  the  emperors,  it  became  almost  universal.  Tacit,  Ann.  xvL 
9.  but  was  afterwards  gradually  dropt  upon  the  introduction  of 
Christianity,  so  that  it  had  fallen  into  disuse  about  the  end  of  the 
fourth  century,  Macrob.  viL  7.  ^ 

Children  before  they  got  teeth  were  not  burnt,  Plin,  vii.  15.  s.  16. 
Juvenal,  xv.  140.  but  buried  in  a  place  called  SUGGRUNDARI- 
UM,  Fulgent,  de  prise,  serm.  7.  So  likewise  persons  struck  with 
lightning,  {fulguriti^  Plin.  ii.  55.  Senec.  de  Ir.  iiL  23.  Qu.  Nat.  ii. 
21«  were  buried  in  the  spot  where  they  fell,  called  BIDENTAL, 
because  it  was  consecrated  by  sacrificing  sheep,  {bidenles,)  Pers,  ii. 
27.  Luc.  L  606.  viiL  864.  Ffest.  Gell.  xvi.  6.  It  was  enclosed  with 
a  wall,  and  no  one  was  allowed  to  tread  upon  it,  Ibid.  To  remove  its 
bounds  {movere  bidental)^  was  esteemed  8acnlege,  Horat.  Ari.p.  47L 
The  terms,  SEPELIRE,  SepuUura,  and  Sepulchrvm^  are  applied 
to  every  manner  of  disposing  {condendi)  of  u  dead  body,  Phn.  17. 
55.  Cic.  Tnsc.  L  45.  So  also  HUMARE,  &c.  Cic.  legg.  ii.  22. 
^ep.  Eiunen,  13.  JUST  A,  exsequia^  vel  funus^  funeral  obsequies 
or  solemnities  :  hence  J vst a  fnnebria^  ju8ta  funerum  vel  exsequia-' 
mm,  etjustafunera  alicvdfacere^  solvere^  vel  per  solvere^  Cic.  Flac. 
38.  Legg.  ii.  17.  Liv.  L  20.  Sallust.  Jug.  11.  Cses.  B.  6.  vL  17. 
Redderejusiafuneri  ;  Plin.  x.  2.    But  EXSEQUIiE  properly  de- 


400  ROMAN  ANTIQUITIES. 

■ 

notes  the  funeral  procession,  {officivm  exsequiarum  t.  pompafime" 
bris.)  Hence  Exse^uias  ducere^  deducere^  cn/mUari^  frtqtutUartf 
prosequi^  &c.  to  attend  the  funeral,/iin«ri  inierease,  Tacit  Ann,  iL 
32.  xvL  6.  7.  21.  Suet.  Tib.  23.  Ter.  And.  i.  100. 

Of  funerals  there  were  chiefly  two  kinds,  public  and  prirafe. 

The  public  funeral  was  called  INDICTIVUM,  {ad  quod  per- 
prttconem  homines  tvocabanlur^)  because  people  were  invited  to  it 
by  a  herald,  Cic.  Dom.  18.  (See  p.  153.)  Of  this  kind  the  most 
remarkable  were  Punas  CENSORIUM,  Tacit.  Ann.  iv.  15.  xiii.  2. 
Dio.  liii.  30.  liv.  28.  including  funus  consulate^  prtBtorium^  irium- 
phale,  6lc.  PUBLICUM,  when  a  person  was  buried  at  the  public 
expense,  Tacit.  Ann.  iii.  48.  vi.  11.  Suet.  Vit.  3.  and  Collativum, 
by  a  public  contribution,  Liv.  ii.  33.  Ta/.  Jlfoac.  iv.  4.  Plutarch,  in 
Poplic.  (See  p.  127.)  Augustus  was  very  liberal  in  granting  pub- 
lic funerals,  {Snti^ftou  ro^ai,)  as^t  first  in  conferring  the  honour  of  a 
triumph,  Dio.  liv.  12. 

A  private  funeral  was  called  TACITUM,  Senec.  de  tranq.  1. 
Ovid.  Trist.  i.  3.  22.  TaANSLATmuM,  &iet.  Ner.  33.  Plbbciuii, 
Propert.  ii.  10.  25.  ComiUNe,  Auson.  Parent,  x.  5.  and  Vulgars, 
Capitolin.  in  Anton.  Phil.  13. 

The  funeral  of  those  who  died  in  infancv,  or  under  age,  was  call- 
ed ACERBUM,  or  immaturum^  Yirg.  ^n.  vi.  429.  Juvenal.  xL 
44.  Senec.  Ep.  123.  or  Exsbquia  immatorjs.  Id.  tranq.  anim,  i. 
11.  But  Jimus  acerbwn  is  applied  by  some  only  to  infants,  and  tm- 
maturum  to  voung  men.  Such  were  buried  sooner  than  erown 
persons,  ancl  with  less  pomp,  Cic.  Cluent.  9.  Tacit.  Ann.  xuL  17* 
Suet.  Ner.  33.  Funera  puerorum  ad  faces  et  cereos  ducta,  Senec 
brev.  vi.  20.  Ep.  122. 

When  a  public  funeral  was  intended,  the  corpse  was  kept  usually 
for  seven  or  eight  days,  Serv.  in  Firg.  v.  64.  vi.  218.  with  a  keeper 
set  to  watch  it.  Id.  xi.  30.  and  sometimes  boys  to  drive  away  the 
flies,  Xiphilin.  Ixxiv.  4.  When  the  funeral  was  private,  the  body 
was  not  kept  so  long,  Cic.  Cluent.  9.  Suet.  0th.  Tacit.  Ann.  xiv.  9. 

On  the  day  of  the  funeral,  when  the  people  were  assembled,  the 
dead  body  was  carried  out  with  the  feet  foremost,  {pedibus  effereba- 
tur^  Plin.  yii.  s.  9.)  on  a  couch  covered  with  rich  cloth,  {strangule^ 
vestie,)  with  gold  and  purple.  Suet.  Jul.  84.  supported  commonly 
on  tb^  shoulders  of  the  nearest  relations  of  the  deceased,  Plin.  vir. 
44.  Jwenal.x.  259.  Val.  Max.  vii.  1.  or  of  his  heirs,  Horat.  Sat.  iu 
5.  86.  sometimes  of  his  freedmen,  Pers.  iii.  106.  Julius  Cassar  was 
borne  by  the  magistrates.  Suet.  84.  Augustus  by  the  senators.  Id, 
101.  and  Germamcus  by  the  tribunes  and  centurions.  Tacit.  Ami.  m. 
2.  So  Drusus,  his  father,  who  died  in  Germany,  by  the  tribunes 
and  centurions  to  the  winter  quarters ;  and  then  by  the  chief  men 
in  the  different  cities  on  the  road  to  Rome,  Dio.  Iv.  2.  Suet.  Claud, 
I.  Paulus  iEmilius,  by  >he  chief  men  of  Macedonia,  who  happened 
to  be  at  Rome  when  he  died,  Val.  Max.  ii.  10.  3.  Plutarch,  in  Vit. 

Poor  citizens  and  slaves  were  carried  to  the  funeral  pile  in  a 
plain  bier  or  coflin,  (Sawdapila,  Martiai.  iL  81.  viii.  75,  Ii.  Jupt- 


FUNERALd-  *  m 

nttL  Viil  175.  ViLis  arca,  HoraL  Sat.  i.  8.  9.  Orciniana  spondai 
Martial,  x.  5.  9.)  usually  by  four  bearers  called  YESPILLONES, 
vel  VesptB,  {quia  Tesperttno  ttmpore  mortuos  efferebantj)  Festus,  Su- 
et. DooL  17.  Eutrop.  vii.  34  Martial,  i.  31  aiid  48.  Sandajpilones^ 
ve]  -am  ;  aod  in  later  writers,  Lecticahii. 

The  funeral  couches,  (LECTICiE,  Itcti  vel  tori)  of  the  rich  seem 
also  to  have  beea  borne  by  Vespillones,  Nept.  Alt.  35,  GelL  x.  3. 
Hence  a  couch  carried  by  six  was  called  Hexaphdrum,  Martial,  ii. 
81.  vi.  77.  10.  and  b^  eight,  Octophcwcm,  ix.  3.  11.  or  Lectica  oc' 
tophorus  ;  as  the  ordinary  couches  or  sedans  used  in  the  city,  or  on 
a  journey,  were  carried  by  slaves,  called  LecticaIiii,  Cic.  Vtrr.  v. 
11. /am.  iv.  12.  PAi7.  41. 

These  couches  were  sometimes  open»  and  sometimes  covered,  Ihid. 

The  general  name  of  a  bier  was  FERETRUM ,  Virg.  JEn.  vi, 
232.  xi.  64.  149.  Stat.  Thtb.  vi.  55.  Ovid.  Met.  xiv.  747.  or  CA- 
PULUS,  vel  -WW,  (quod  corpus  capiat).  Sen?,  in  Virg.  xi.  64.  Fti* 
iui ;  hence  capularis,  old,  at  death's  door,  Plaui.  Mil.  iii.  1.  34 
Capuli  decus,  Asin.  v.  2.  42.  Some  make  fkretrum  to  be  the  same 
with  Uclus;  others,  that  on  which  the  couch  was  supported,  Varr, 
de  L.  L.  iv.  35. 

Children  who  died  before  they  were  weaned,  were  carried  to 
the  pile  by  their  mother^,  Stat.  Si/tv.  v.  5.  15.  Ovid.  Her.  xv.  115. 

All  fimen^ls  used  anciently  to  be  solemnized  in  the  night-time 
with  torches,  that  they  might  not  fall  in  the  way  of  magistrates  and, 
priests,  who  were  supposed  to  be  violated  by  seeing  a  corpse,  so 
that  they  could  not  perform  sacred  rites  till  thev  were  purined  by 
an  expiatory  sacrifice,  Serv.  m  Virg.  xi.  143.  Vonat.  Ter.  And.  l 
1. 81.  Thus,  to  diminish  the  expense  of  funerals,  it  was  ordained 
by  Demetrius  Phalereus  at  Athens,  Cic.  de  legg.  ii.  26.  according  to 
an  ancient  law,  which  seems  to  have  fallen  into  desuetude,  Demostk. 
adv.  Macartatum,  p.  666.  Hence  FUNU8,  a  funeral,  from  funes 
accensi,  Isid.  xi.  2.  xx.  10.  or  funaliOy  funales  cerei^  ceremfaceSfVel 
^andelce,  torches,  candles,  or  tapers,  originally  made  of  small  rbpea 
or  cords ;  {funes,  vel  funiculi)  covered  with  wax  or  tallow,  {sevum^ 
vel  sebum),  Serv.  ibid,  et  ^En.  i.  727.  Val.  Max.  iii.  6.  4.  Varr.  de 
vii.  pop.  R. 

But  in~  after  ages,  public  funerals,  {funera  indictiva)  were  cele* 
brated  in  the  day-time,  at  an  early  hour  in  the  forenoon,  as  it  is 
thought  from  Plutarch,  in  Sj/ll.  with  torches  also,  Serv.  in  Virg^ 
Mn.  vi.  224.  Tacit.  Ann.  iii.  4,  Private  or  ordinary  funerals  {tacUa\ 
•were  always  at  night,  Fest.  in  Vbspillonks. 

As  torches  were  used  both  at  funerals  and  marriages,  Ovid^  Ep^ 
^ixi.  172.  hence  inter  uiramque  facem,  for  inter  nuptias  el/unuf.  Pro- 
pert  iv.  12.  46.  Et  faces  pro  lhalami,fax  mihi  mortis  adesi^  Ovid. 
jEp.  xxi.  172. 

The  order  of  the  funeral  procession  was  regulated,  and  every 
one's  place  assigned  him,  by  a  person  called  DESIGNATOR,  aa 
undertaker  or  master  of  ceremonies,  Xdominusfuneris,)  attended  by 
Lictors,  dressed  in  black,  Horat.  Ep.  i.  7. 6.  Cic,  Att.  iv.  2.  legg.  ii.  24L 

51 


«a  ROMAN  ANTIQUITIES. 


went  masiciansof  various  kiods;  pipers,  (Tibicihes,  Opti. 
Fast.  vi.  660.  vel  Siticxnes,  GelL  xx.  2.)  trumpeters,  Pers.  iii.  103. 
Serv.  in  Virg.  xL  192.  and  coroetters,  Horat.  Sat.  i.  6.  43.  then 
mourning  women,  (PR^FICiE,  qua  dabant  eateris  modum  plan- 
gmdif)  hired  to  Ifunent,  Festus  ;  Lucil.  22.  Horat.  Art.  P.  431.  aod 
to  sing  the  funeral  song,  (NuENIA  vel  Lsssus,)  or  the  praises  of  the 
deceased,  Plaui.  True.  ii.  6.  14.  iv.  2.  18.  to  the  sound  of  the  flute, 
Ck.  legg.  ii.  24.  Quinctil.  viiL  2.  Boys  and  girls  were  sofdetimea 
employed  for  this  last  purpose.  Suet.  Aug.  101.  As  these  praises 
were  often  unmerited  and  frivolous;  hence  nuga  is  put  for  njbnue, 
Plaut.Asin.  iv.  63.  and  Leixidia^  res  inanes  et  frivalas f  for  voces  praifi^ 
carunij  Grell.  xviii.  7. 

The  flutes  and  trumpets  used  on  thiroccasion  were  lai^er  and 
longer  than  ordinary,  Ovid.  Am.  ii.  6.  6.  of  a  srave  dismal  sound, 
Stat.  Tkeb.  v.  120.  By  the  law  of  the  twelve  td>Jes,  the  number  of 
players  on  the  flute  at  a  funeral  was  restricted  to  ten,  Cic.  legg.  \u 
24.  Ovid. /b^^.  vi.  664. 

Next  came  players  and  buflbons,  {Ludii  vel  histriones^  et  scurra^ 
who  danced  and  sung,  Dionys.  v\\,  9.  Suet.  Tib.  57,  One  of  them^ 
called  ARCHIMlMuS,  supported  the  character  {personam  ageba^ 
of  the  deceased,  imitating-  his  words  and  actions  while' alive,  Suet. 
Vesp.  19.  These  players  sometimes  introduced  apt  sayings  from 
dramatic  writers,  Suet.  Ccbs.  84.    ' 

Then  followed  the  freed-men  of  the  deceased,  with  a  cap  on  their 
head,  {pileeUi^)  Cod.  de  Lat.  libert  Liv.  xxxviii.  55.  Dionys.  viii.r 
Some  masters  at  their  death  freed  all  their  slaves,  from  the  vanity  of 
having  their  funeral  procession  attended  by  a  numerous  train  of 
freed-men,  Dionys.  iv,  24. 

Before  the  corpse  were  carried  the  imajes  of  the  deceased,  and 
of  his  ancestors,  Cur.  Brut.  34.  Ml.  xiii.  Si.  Horatl  Epod.  viii.  1 L 
Val.  Max.  viil  15^  1.  Plin.  xxxv.  2.  on  long  poles  or  frames;  Sil. 
X.  566.  but  not  of  such  as  had  been  condemned  for  any  heinous^ 
crime,  racti,  Ann.  ii.  32.  iii.  76.  whose  images  were  broken,.  Juve- 
nal, viil  18.  The  7V«imrm  ordained,  that  the  image  of  Ccesar, 
after  his  deification,  should  not  be  carried  before  the  funeral  of  any 
of  his  relations,  Dio.  xlvii.  19.  Sometimes  there  were  a  great 
many  different  couches  carried  before  the  corpse,  on  which  it  is 
supposed  the  images  were  placed,  Tacit.  Ann.  xvi.  11.  Serv.  m 
Virg.  V.  4  vi.  86^  875.  After  the  funeral  these  images  were  again 
set  up  in  the  hall  where  they  were  kept.    See  p.  35. 

If  the  deceased  had  distinguished  himself  in  war,  the  crowns  and 
'  rewards  which  he  had  received  for  his  valour  were  displayed,  toge- 
ther with  the  spoils  and  standards  he  had  taken  from  thte  enemy,  Virg. 
JEn.  xi.  78.  At  the  funerals  of  renowned  commanders,  were  car- 
ried imaj^s  or  representations  of  the  countries  they  had  subdued, 
and  the  cities  they  had  taken,  Tacit.  Ann.  i.  8.  Dio.  Ivi.  34.  Ixxiv.  4. 
at  the  funeral  of  Sylla,  above  2000  crowns;  are  said  to  have  beea 
carried  which  had  been  sent  him  by  different  cities  on  account  of  his 


FUNERALS.  4M 

victory,  Appian.  B.  C.  i.  417.  The  lictors  attended  with  their  fas- 
ces inverted,  Tacit.  Ann.  iii.  2.  Sometimes  also  the  officers  and 
troops,  with  the  spears  pointing  to  the  ground,  Ibid.  Virg.  xi.  92.  or 
laid  aside,  Lucan.  viii.  735. 

Behind  the  corpse  walked  the  friends  of  the  deceased  in  mourn- 
ing, {aira  vel  lugitbri  veste  ;  atrati  vel  pullaii ;)  his  sons  with  their 
heads  veiled,  and  his  daughters  with  their  heads  bare,  and  their  hair 
dishevelled,  contrary  to  the  ordinary  custom  of  both;  Plulatch. 
quest r  Rom.  14.  the  magistrates  without  their  badges,  and  the  nobility 
without  their  ornaments.  Tacit.  Ann,  iii.  4 

The  nearest  relations  sometimes  tore  their  garments,  and  covered 
their  hair  with  dust,  Virg.JEn.  xii.  609.  Calull.  Ixii.  224.  or  pulled 
it  odt,  Cic.  Twfc.  iii.  26.  The  women  in  particular,  who  attended 
the  funeral,  Ter.  And.  i.  1.  90.  Suet.  Cces.  84.  beat  their  breasts,  tore 
their  cheeks,  &c.  Virg.  Mn.  iv.  673.  Tibull.  i.  1. 68.  although  this 
was  forbidden  by  the  Twelve  Tables,  Mouerbs  obnas  he  radumto, 
Cic.  legg.  ii.  24.  Plin.  xxxvi.  1 1.  u  e.  Unguibus  he  scindunto,  Festus. 
At  the  funeral  of  an  illustrious  citizen,  the  corpse  was  carried 
through  the  Forum  ;  where  the  procession  stopped,  and  a  funeral 
oration  (LAUDATIO)  was  delivered  in  praise  of  the  deceased  from 
the  Rostra^  by  his  son.  or  by  some  near  relation  or.  friend  ;  Polyb. 
vi.  51.  Cic.  Orat.  i.  84.  Suet.  Cas.  84.  Aug.  101.  Tib.  vi.  JWr.  9. 
flometiraes  by  a  magistrate,  Plin.  Ep.  ii.  1.  according  to  the  appoint- 
ment of  the  senate,  Quinctil.  iii.  7.  vel  9.  * 

This  custom  is  said  to  have  been  introduced  by  Poplicola,  in  ho- 
nour of  his  colleague  Brutus,  Plutarch,  in  Popl.  Dionys,  v.  17.  ix. 
64.  It  was  an  incentive  to  glory  and  virtue  ;  out  hurtful  to  the  au- 
thenticity of  historical  records,  hiv.  viii.  40.  Cic.  Brut.  17.  . 

The  honour  of  a  funeral  oration  was  decreed  bv  the  senate  also  to 
women,  for  their  readiness  in  resigning  their  goklen  ornaments  to 
make  up  the  sum  agreed  to  be  paid  by  the  Gauls  as  a  ransom  for 
leaving  the  city ;  Lav.  v.  50.  or,  according  to  Plutdrch,  to  make  the 
golden  cup  which  was  sent  to  Delphi,  as  a  present  to  Apollo,  in  con- 
sequence of  the  vow  of  Camillus,  after  the  taking  ofVeji,  Plutarch, 
in  Camilla. 

But  Cicero  says,  that  Popilia  was  the  first  to  whom  this  honour 
was  paid,  by  her  son  Catulus,  several  ages  after,  Cic  Orat.  ii.  11. 
and,  according  to  Plutarch,  Csesar  introduced  the  custom  of  prais- 
ing young  matrons  upon  the  death  of  trip  wife  Cornelia.  But  after 
that,  both  young  and  old,  married  and  unmarried,  were  honoured 
with  funeral  orations,  Suet.  Jul.  6.  Col.  10.  Tacit.  AnnaL  v.  1.  xvi. 
6.  Dio.  xxxix.  64  &  59. 

While  the  funeral  oration  was  delivering,  the  corpse  was  placed 
before  the  Rostra.  The  corpse  of  Caesar  was  placed  in  a  gilt  pa- 
vilion like  a  small  temple,  {aurata  cules^)  with  the  robe  in  which  he 
had  been  slain  suspended  on  a  pole  or  trophy;  Suet.  Cas.  84.  and 
his  image  exposed  on  a  moveable  machine,  with  the  marks  of  all  the 
wounds  he  had  received ;  for  the  body  itself  was  not  seen,  Appian^ 
B.  C.  il  p,  521.  but  Dio  says  the  contrary,  xliv.  4. 


404  ROMAN:  ANTIQUITIES. 

Under  Augustus  it  becane  customary  to  deliver  more  than  one 
funeral  oration  in  praise  of  the  same  per^on^and  in  different  places^ 
Dio.lv.  2. 

From  the  Forum  tHe  eorpse  was  carried  to  the  place  of  burning 
or  burial,  which  the  law  of  the  Twelve  Tables  ordered  to  be  with- 
out the  Cit^y  HOMINEM  MORTUUM  in    URBB  NS  SCPfiUTO,  NBVB  URITOw 

Cic.  Ugg.  ti.  23.  according  to  the  custom  of  other  nations ;  the  Je wSi 
Malth.  xxviu  53.  John.  xix.  30  &  41.  the  Athenians,  Cic.  Fam.  iv^ 
12.  Liv.  nxu  24.  and  others,  Cic.  Flacc,  31.  Tusc.y.  23.  Plutarch, 
in  Arato. — Slrab.  x. 

The  ancients  are  said  to  have  buried  their  dead  at  their  owii 
houses,  Sero.  in  Virg.  ^n.  v.  64.  vi.  152.  hidor.  xiv^  1 1.  whence,  ac- 
cording to  some,  the  origin  of  idolatry,  and  the  worship  of  house- 
hold gods,  the  fear  of  hobgoblins  or  spech-es  in  .the  dark,  (LARVis 
vtl  Lemures,)  &c.  Md^ — Souls,  separated  from  the  body,  were  call- 
ed Lkmures  vtl  Manes  ;  if  beneficent.  Lares  ;  if  hurtful^  La rv& 
vel  MANij;,.(a7aflw  xai  k/*m  iaj.a-  .-  ,^  Apul.  de  dtp  Socratis..  Augusp 
tus,  in  his  speech  to  the  soldiers  before  the  battle  of  Actium,  says 
that  the  Egyptians  embalmed  their  dead  bodies  to  establish  an  opi- 
nion of  their  immortality,  Dio.  L  24.  Several  of  these  still  exist, 
called  Mummies,  from  mum^  the  Egyptian  name  of  wax.  The  man- 
ner of  embalming:  is  described  by  Herodotus,  ii.  86.  The  Persians 
also  anointed  the  bodies  of  their  dead  with  wax,  to  make  them  keep 
as  IfMig  as  possible,  Cic.  Tmc,  i.  45. 

The  Romans  prohibited  burning  or  burial  in  the  city,  both  frotft 
fi  sacred  and  civil  consideration,  that  the  priests  might  not  be  coni> 
t^minatQd  by  seeing  or  touching  a  dead  hoay ;  and  that  houses  might 
not  be  endangered  by  the  frequency  of  funeral  fires,  Cic.  Ugg.  iL 
22,  or  the  air  infected  by  the  stench,  Scrv,  in  Virg.  vi.  150.  hid.  xiv. 

The/amen  of  Jupiter  was  not  allowed  to  touch  a  dead  body,  nor 
to  go  where  there  w^s  a  grave ;  Gell.  x.  15.  so  the  high  priest  among 
the  Jews  4  ict?i/,  t^xu  il,  and  »f  the  pontifex  maximus  had  to  deliver 
9  funeral  oration,  a  veil  was  laid  over  the  corpse,  to  keep  it  from 
his  sight,  Senec.  cons,  ad  Marc.  15.  Dio^  liv.  28.  35. 

The  pl^c^s  fqr  burial  were  either  private  or  public ;  the  ^private 
]n  fields  pr  gardens,  usually  near  the  highway,  to  be  conspicuous, 
and  to  i^mind  those  that  passed  of  mortality,  Farr.  de  L.  L  v.  6. 
Uence  ^he  frequent  inscriptions,  Siste  viator,  aspice  viator,  &c. 
on  the  via  Avpia,  Aurelia,  Flaminia,  Tiburtinfi,  ire.  Liv.  vi.  36.  Suet. 
Gal.v59,  Qalb.  20.  Juvenal,  i.  ult.  Martial,  i.  89.  115.  117.  vi.  28* 
X.  43.  xi.  14.  Propert  iii.  16.  30.  Nep.  Att,  ult,  Plin.  Ep.  vii.  29. 
The  public  places  of  burial  for  great  men  \yere  commonly  in  the 
Campus  M^rtips,  Strab.  y.  ^uet.  Cws,  84,  CL  1.  Virg,  Mn.  vi. 
873.  Dio.  39,  64.  48.  53,  or  Campus  Esquiunus,  granted  by  a  de- 
cree of  the  senate,  Cic.  Phil.  ix.  7.  for  poor  people,  without  the  Es- 
quiline  gate  ;  in  places  called  Poticul^,  vel  -i,  (qxiodin  puteos  cor- 
pora mit^tban^ur,)  Varro,  de  L.  L.  iv.  5.  Festus.  Herat  Sat,  1.  8, 8. 

A»  the  yafll  nujpbef  of  bones  deposited  in  that  co^pioji  buiyij^- 


FUNERALS.  405 

ground  rendered  the  places  adjoining  unhealthy,  Xiligust^is,  with  the 
consent  of  the  senate  and  people,  gave  part  6f  it  to  hk  favourite/ 
Maecenas,  who  built  there  a  magnificent  house  {moltm  propinquam 
nubibus  arduis,\lor.  Od»  iii.  29.  10.  called  Turris  Macenatiana/ 
Suei,  Jier,  38.)  with  extensive  gardens  ;  whence  it  became  one  of 
the  most  healthy  situations  in  Rome,  Sue/.  Jlvg.  72.  Tib,  15.  Wer.  31. 

There  was  in  the  corner  of  the  burying-ground,  a  stone  pillar, 
CI  FPUS,  on  which  was  marked  its  extent  towards  the  road,  (in 
fronte,)  and  backwards  to  the  fields,  (in  agro^  vel  -um,)  Horat.  ibid.* 
also  who  were  to  be  buried  in  it. 

If  a  bury  ing-ground  was  intended  for  a  person  and  his  heir,  it  was 
called  SEPVLCHRUM,  te/  MONUMENTDM  HEREDITARI- 
UM,  which  ¥ras  marked  in  letters,  thusF,  H.  M.  H*  S.  t.  e.  Hoc 
M0NUMENTUM^jKRED£S9EQurrvR ;  or  GENTILE  and  gentilitium, 
Suet.  Ner,  50  ;  Patriom,  Virg,  jEn.  x.  557.  Avitum,  Ovi(L  TrisL 
iv.  3.  45.  Met,  xiii.  524.'  If  only  for  himself  and  family,  FAMIIJ- 
ARE,  L.  5.  D.  dt  rtligios^  Freed-men  were  sometimes  compre- 
hended, and  relations,  when  undeserving,  excluded.  Suet.  Aug,  102. 

The  right  of  burying,  {jus  inferendi,)  was  sometimes  purchased 
by  those  who  had  no  burying-ground  of  their  own. 

The  Vestal  virgins  were  buried  in  the  city,  (quia  Ugibus  non  tene^ 
bantur,)  Serv.  in  Virg.  JEit,  ix.  and  some  illustrious  men,  as,  /'ojo/y- 
cola^  TubertuSt  and  Fabricius,  (virlutis  causae  legibus  soluti  ;)  wi^ch 
right  their  posterity  retained,  Cic.  iegg.  ii.  23.  but  did  not  use.  To 
s^iow,  however,  that  they  possessed  it,  when  any  o(  them  died,  they 
brought  the  dead'  body,  when  about  to  be  burnt,  into  the  Porun^ 
and  setting  down  the  couch,  put  a  burning  torch  under  it,  which  they 
immediately  removed,  and  carried  the  corpse  to  another  place,  Piu^ 
iarch,  in  Poplic,  et  QxuBst,  Rom»  78.  The  right  of  making  a  sepul- 
chre for  himself  within  the  pomsBrium  was  decreed  to  Julius  CsBsaf 
as  a  singular  privilege,  Dio,  xliv.  7. 

When  a  person  was  burnt  and  buried  in  the  same  place,  it  was 
called  BUSTUM,  Festus  ;  whence  this  word  is  often  put  for  a  tomb^ 
(Tufi.i3og,)  Cic.  Tusc,  V.  35.  Att,  vii.  9.  Pis.  4.  7.  Lffgg,  ii.  26.    A 
place  where  one  was  only  burnt,  USTRINA,  vel  -t/m,  Festus. 

The  funeral  pile  (ROGUS,  vel  PYRA)  was  built  in  the  form  of 
an  oltar,  with  four  equal  sides  yHerodian.  iv.  2.  hence  called  ara 
SKPULCHRi,  yirg.\\.  177,  Sil.  xv.  388.  funeris  ara,  Ovid.  Trist.. 
ii.  13.  21.  inlbin.  102.  of  wood  which  might  easily  catch  fire,  as  fir, 
pine,  cleft  oak,  ^c.  Virg.  ^n.  iv.  504.  vi.  180.  Stat.  Theb.  vi.  54. 
unpolished,  according  to  the  law  of  the  Twelve  Tables ;  Rooum  ascia 
NB  poiiiTO,  Cic.  Ugg.  ii.  24.  but  not  always  so,  Plin.  xxxv.  7.  also 
stufied  with  paper  and  pitch  ;  Martial,  viii.  44  14.  x.  97.  made 
higher  or  lower,  according  to  the  rank.of  the  deceased  ;  Lucan.  v'uu 
743.  l^irg.  Ibid.  &c.  xi.  215.  (hence  bogus  plebeius,  Ovid,  in 
Jbin.  152.)  with  cypress  trees  set  around  to  prevent  the  noisome 
mneli,  Ibid,  and  Serv.. in  loc.  Sil.  t.  535.  at  the  distance  of  sixty  feet 
from  any  house,  Cic.  I  egg.  ii.  24. 

The  boiilica  Porcia  and  senate-house  adjoining,  contiguous  to  the 


406  ROMAN  ANTIQUITIES. 

Forum,  were  burnt  by  the  flames  of  the  funeral  pile  of  Clodius,  ^f* 
con.  in  Cic,  pro  Milont,  Dio.  xl.  49. 

On  the  funeral  pilQ  was  placed  the  corpse  with  the  couch,  TAulL 
i.  1.  61.  The  eyes  of  the  deceased  were  opened,  Plin.  \u  37.  to 
which  Virgil  is  thought  to  allude,  Xri.  iv.  214. 

The  nearest  relations  kissed  the  body  with  tears,  Prop.  ii.  13.  29. 
TibulL  i.  1.  62.  and  then  set  fire  to  the  pile  with  a  lighted  torch, 
turning  away  their  face  {avtrsi,)  to  show  that  they  did  it  with  reluc* 
tance,  Kir/r.  Mn,  vi.  223.  They  prayed  for  a  wind  to  assist  the 
flames,  Proptrl-,  iv.  7.  31.  as  the  Greeks  did,  Homer,  xxiii.  193.  and 
when  that  happened^  it  was  thought  fortunate,  Plutarch,  in  SylL 

They  threw  into  the  fire  various  perfumes,  (adores,)  incense, 
myrrh,  cassia,  &c.  Plin,  xii.  18.  s.  41.  Juvcn.  iv.  109.  Stat.  Sylv. 
V.  1. 208.  Martial,  x.  26.  which  Cicero  calls  Suhptuosa  respbrsio  ; 
forbidden  by  the  Twelve  Tables,  Leggj  ii.  24.  also  cups  of  oil,  and 
dishes,  [dapes  v.fercula,)  with  titles  marking  what  they  contained  ; 
Firg.  JEn,  vi.  223.  Stat.  Theb.  vi.  126.  likewise  the  clothes  and  or- 
naments not  only  of  the  deceased,  Virg.  jEti.  vi.221.  Luran.  ix.  175. 
but  their  own  ;  Tacit,  Ann.  iii.  3.  2.  Sutt,  Jul.  84.  every  thing  in 
short  that  was  supposed  to  be  agreeable  to  the  deceased  while  alive, 
Donat.  in  Virs^.  JEn.  vi.  217.  Cas.  B,  G.  vi.  17.  All  these  were 
called  MUNERA,  vel  DONA,  ibid. 

If  the  deceased  had  been  a  soldier,  they  threw  on  the  pile  his  arms, 
rewards,  and  spoils,  f^irg.  ^n,  xi.  192.  Sil.x.  562.  and  if  a  general, 
the  soldiers  sometimes  threw  in  th^ir  own  arms,  Suet.  Jul.  84.  Iai- 
can.  via.  735. 

At  the  funeral  of  an  illustrious  commander  or  emperor,  the  sol- 
diers  made  a  circuit  (DECURREBANT)  three  times  round  the 
pile,  Virg.  JEn.  xi.  •  188.  Tacit.  Ann.  ii.  7.  from  right  to  left,  {orbt 
einistro,)  with  their  ensigns  inverted,  Stat.  Theb.  vi.  213.  and  strik- 
ing their  weapons  on  one  another  to  the  sound  of  the  trumpet,  Val. 
Flacc.  iii.  346.  all  present  accompanying  them  ;  as  at  the  funeral  of 
Sylla,  Appian.  B.  C.  1.  of  Augustus,  Dio.  Ivi.  42.  &c.  which  custom 
seems  to  have  been  borrowed  from  the  Greeks  ;  Homer,  xxiii.  13. 
and  used  also  by  the  Carthaginians,. Ltv.  xxv.  17.  sometimes  per- 
formed annually  at  the  tomb,  Suet.  Claud.  1. 

As  the  Manes  were  supposed  to  be  delighted  with  blood,  TertuU 
lian.  de  Spect.  various  animals,  especially  such  as  the  deceased  had 
been  fond  of,  were  slaughtered  at  the'  pile,  and  thrown  into  it ; 
P/««.  viii.  40.  s.  61.  Virg.  uEn.  xi.  197.  Hornet.  II.  xxiii.  166.  Plin. 
Ep.  iv.  2,  In  ancient  times,  also  men,  captives,  or  slaves,  were 
thrown  into  the  pile,  Firg.  x.  518..xi.  82.  Homer.  11^  xxi.27.  to 
which  Cicero  alludes,  Flac.  38.  Afterwards,  instead  of  them,  gla- 
diators, called  BUSTUARII,  were  made  to  fight ;  Serv.  in  Mn.  '^ 
510,  Horat.  Sal.  ii.  3.  85.  Flor.  iii.  20.  so  among  the  Gauls,  slaves 
and  clients  were  burnt  on  the  piles  of  their  masters,  Cces.  B.  G.  vi. 
17.  among  the  Indians  and  Tbracians,  wives  on  the  pil^s  of  their 
husbands,  Cic.  Tusc.  v.  27.  Mel.  de  sit.  orb.  ii.  2.  As  one  man  had 
several  wivesi  there  was  sometimes  a  contest  among  them  atxiut  the 


FUNERALS.  407 

preference,  which  they  determined  by  lot,  Prop.  \\\.^.'Mlian.  7.  18« 
Stro,  in  JEn.  y.  95.  Thus  also  among  the  Romans,  friends  testified 
their  affections  ;*  as  Plotinus  to  his  patron,  Piin,  7.  36.  Plautius  to 
his  wife  Orestilla,  Val.  Max.  iv.  6.  3.  soldiers  to  Otho,  Tacit.  Hist. 
ii.  49.  Mnester,  a  freed-man,  to  Agrippina,  M.  Ann.  xiv.  9.  &c. 

Instances  are  recorded  of  persons  who  came  to  life  again  on  the 
funeral  pile,  after  it  was  set  on  fire  ;  so  that  they  could  not  be  pre- 
senred ;  and  of  others,  who  having  revived  before  the  pile  was  kin- 
dled, returned  home  on  their  feet,  Plin.  vii.  52.  s.  53.  xxvi.  3.  s.  8.t. 

The  Jews,  although  they  interred  their  dead,  {condtrt^  quam  ere" 
mare^  t  more  JEgyptio,)  Tacit.  Hiat.  v.  5.  filled  the  cooch  on  which 
the  corpse  was  laid  with  sweet  odours,  and  divera  kinds  of  spices, 
and  burnt  them,  2.  Chron.  xvi.  14.  Jerem.  xxxiv.  5. 

When  the  pile  was  burnt  down,  the  fire  was  extinguished,  and  the 
embers  soaked  with  wine,  f^irg.  JEn.  vi.  226,  the  bones  were  gather- 
ed {o8sa  legehantur)  by  the  nearest  relations,  Tibull,  iii.  2.  9.  with 
loose  robes,  lb.  <Jr  SueL  Aug.  101.  and  sometimes  barefooted.  Suet.  ib. 

sWe  read  also  of  the  nearest  female  relations  gathering  the  bones 
in  their  bosom,  TtbulL  u  3.  5.  Senec.  ad  Helv.  11.  Liican.  ix.  60. 
who  were  called  Funbrjs,  vel  -eo?,  Serv.  in  Virg.  Mn.  ix.  486. 

The  ashes  and  bones  of  the  deceased  are  thought  to  have  been 
distinguished  by  their  particular  position.  Some  suppose  the  body 
to  have  been. wrapt  in  a  species  of  incombustible  cloth,  made  of 
what  the  Greeks  called  Asbestos,  Plin.  xix*  1.  s.  4.  But  Pliny  re- 
stricts this  to  the  kings  of  India,  where  only  it  was  then  known. 

The  bones  and  ashes,  besprinkled  with  the  richest  perfumes,  were 
put  into  a  vessel  called  URNA,jEin  urn,  Cic.  Tuse.  i.  15.  Ovid.  Am. 
iii.  9.  39.  FfiRALis  urna.  Tacit.  Ann.  iii.  1.  made  of  earth,  brass,  mar- 
ble, silver  or  gold,  according  to  the  wealth  or  rank  of  every  one. 
Prop.  ii.  13. 32.  f^irg.  Mn.  vi.  228.  Eutrop,  viii.  5. .  Sometimes  al- 
so a  small  glass  vial  full  of  tears,  called  by  the  modems  a  Lachry^ 
matoryy  was  put  in  ttie  urn. 

The  urn-was  solemnly  deposited  {eomponebatur)  in  the  sepulchre, 
(SEPULCHRUM,  tumulus,  MONUHENTUMt  sedes,  vel  domus,  Con<* 
DiTORiuii,  V.  'tivum,  CiNEiiARiUH,  &.C.)  Prop^rt.  ii.  24.  35.  Ovid. 
Fast,  V.  426.  Met.  iv.  157.  Hence  componere,  to  bury,  Horat.  Sat. 
i.  9.  88.  Tadt.  Hist.  i.  47.  to  shut  up,  to  end,  Virg.  JEn..  i.  378. 
composito  die,  i.  e.Jinito^  PJin.  Ep.  ii.  17.  • 

When  ihe  body  was  not  burnt,  it  was  put  into  a  coffin,  {area,  vel 
loeidus,)  with  all  its  ornaments,  Plin.  vii.  2.  usually  made  of  stone, 
as  that  of  Numa ;  Plin.  xiii.  13.  Val.Max.i.  1.  12.  so  of  Hannibal ; 
Aar.  Vict.  iii.  42.  sometimes  of  Assian  stone,  from  Assos,  or  ^us,  a 
town  in  Troas  or  M ysia,  which  consumed  the  bo iy  in  forty  days, 
except  the  teeth;  Plin.  ii.  98.  xxxvi.  17.  hence  called  SARCO- 

*  Iq  like  manner,  at  the  present  daj,  it  is  common  for  wives  in  Bkutoostan  to 
throw  themselves  on  the  foneral  pile  of  their  husbands,  and  to  be  coosamed  along 
witb<lhe  dead  bodf ;  and  this  they  generally  do  with  the  utmost  cheerfulness. 

t  So  instances  tiave  occurred  in  our  Ume  of  penont  who  revived  after  being  ba- 
cied,  which  ought  to  render  people  caatiotu  of  interring  their  fnends  prematurely. 


4M  ROMAN  ANTlQlTtTIES. 

PHAGUS«  Jb.  t^hich  ivord  is  aho  pot  for  an^jr  coffin  or  tomb,  Jutt' 
nal.  X.  172.  - 

The  eoffin  was  laid  in  the  tomb  on  its  back ;  in  which  direction 
among  the  Romans,  is  uncertain :  but  among  the  Athenians,  looking 
to  the  west,  ^lian,  v.  &  vii.  Plutarch,  in  Solan. 

Those  who  died  in  prison,  were  thrown  out  naked  on  the  street, 
Liv.  xxxviii.  59. 

When  the.  remains  of  the  deceased  were  laid  in  the  tombi  those 
present  were  three  times  sprinkled  by  a  priest  with  pure  wateri 
{aqua  pura^  vel  lustralis^)  from  a  branch  of  olive  or  laurel  {a$ptrgU' 
ium,)  to  purify  them  ;  Setv.in  Virg,  JSn.  yu  239.  Feet,  in  LtArausi 
JuvenaL  lu  158.  then  they  were  dismissed  by  the  Prapica,  or  some 
other  person,  pronouncing  the  solemn  word  IlilCET,  i.  e.  re  licet^ 
you  may  depart,  Serv.  ib.  At  their  departure,  they  used  to  take  a 
last  farewell,  by  repeating  several  times  VALE,  or  SALVE  e/«r- 
nuniy  Id.  xi.  97.  ii.  o40.  adding  Nos  tb  ordine,  quo  natura  permi' 
ssRiT,  cuNCTisEQUEM UR,  Serv.  Mn^  iii.  68.  which  were  called  Verba. 
NovissiMA ;  also  to  wish  that  the  earth  might  lie  light  on  the  person 
buried,  Juvenal,  vii.  207.  which  is  found  marked  on  several  ancient 
monuments  in  these  letters,  S.  T.  T.  L.  Sit  tibi  terra  levis.  Mar* 
UaL  i.  89.  v.  35.  ix.  30.  and  the  gravestone  (CIPPUS,)  Pers.  i.  37. 
,  that  his  bones  might  rest  quietly,  or  lie  softly,  {molliler  cubareni^) 
Ovid.  Am.  i.  8.  1081  Ep.  vii.  162.  TriH.  iii.  3.  75.  y%rg.  Eel.  x.  33. 
Placid E  quirscas.  Tacit.  Agric.  46.  Hence  Composilus,  buricdf 
'  Ovid.  Fast  v.  426.  and  positusy  lb.  480.  Soplacida  compositus  pace 
quiescit^  is  said  of  Antenor,  while  yet  alive,  Id.  JEn.  i.  249.  We 
find  in  Ovid  the  contrary  of  this  wish,  SolUciU  jaceant,  terrdque  pre'* 
mantur  iniqva,  Amor.  ii.  16.  15.  as  if  the  dead  felt  these  things* 
Sometimes  the  bones  were  not  deposited  in  the  earth  till  three  days 
after  the  body  was  burnt,  Virg.  ^n,  xi.  210. 

The  friendis,  when  they  returned  home,  as  a  further  purification^ 
after  being  sprinkled  with  water,  stepped  over  a  fire,  {ignem  super* 
grediebantur,)  which  was  called  SUFFITIO,  Festus.  The  house 
itself  also  was  purified,  and  swept  with  a,  certain  kind  of  broom  or 
besom,  {scopa^  -tzrwm,)  which  purgation  was  caUed  Exverr^,  v. 
Everra  ;  and  he  who  performed  it,  EVERRIATOR,  id. 

There  were  certain  ceremonies  for  the  purification  of  the  family^ 
called  Feri£  Denicales,  {a  nece  appeUala^)  Cic.  legg.  ii.  22.  Feg* 
tus ;  when  they  buried  a  thumb,  or  some  part  cut  off  from  the  body 
before  it  was  burnt,  or  a  bone  brought  home  from  the  funeral  pile  ; 
Cic.  ib.  24.  Quinclil.  viii.  5.  21.  Stnec.henef.  xv.  24.  on  which  oc- 
casion a  soldier  might  be  absent  from  duty,  GelL  xvi.  4. 

A  place  was  held  religious,  wherfe  a  dead  body,  or  any  part  of  itf 
was  buried,  but  not  where  it  was  burnt,  Cic.  ibid. 

For  nine  days  after  the  funeral,  while  the  family  was  in  mourn- 
ing, and  employed  about  certain  solemnities  at  the  tomb,  h  was  un- 
lawful to  summon  the  heir,  or  any  near  relation  of  the  deceasec^  to 
a  court  of  justice,  or  in  any  other  manner  to  molest  them,  J/ovelL 
1 15.    On  the  ninth  day,  a  sacrifice  was  performed,  called  NO  VEN- 


FUNERALS.  409 

DIALE,  Porphyria  ad  Horat.  epod.  xvii.  48.  with  which  these  «>• 
lemnities  were  concluded,  Donat,  in  Ter.  Phorm. 

Oblations  or  sacrificca  to  the  dead,  (INFERIiE,  r«rPAREBITA- 
1«IA,)  were  afterwards  made  at  various  times,  both,  occasionally 
and  at  stated  periods,  consisting  of  liquors,  victims,  and  garlands, 
Virg,  jEh.  iii.  66.  V.  77.  94.  ix.  215.  x.  519.  Tacit.  HUt.  ii.  95. 
Suii.  Cal.  3.  15.  Ci.  11.  Mr.  11.  called  FsaALiA  munera,  Otid. 
Triit,  iii.  3.  8t.  Thus  aucui  inperias  feiirc,  vel  miitere,  ei  ?Ar 
RBirrARK,  to  perform  these  obligations,  Cic.  legg.  ii.  21.  Phil.  i.  6. 
Ftacc.  38.  Pareniare  regi  sanguint  eonjuratorum^  to  appease,  t6 
avenge,  Liv,  ixiv.  21.  so  Cas.  B.  G.  vii.  17.  Sagtmlinorum  mani- 
i^HB  vastatume  Italia,  &c.  parentatum  est,  an  atonement  was  mad6 
to  their  ghosts,  Plor.  H.  6.  so  Litark,  Id.  ii.  5.  iii.  18.  (Pakcn- 
TARB  proprie  est  pnrentibns  justa  far ert,)  Ovid.  Amor.  i.  13.  4. 

The  sepulchre  was  then  bespread  with  flowers  and  covered  witfi 
crowns  and  fillets,  Snet.  Xer.  57.  Tac.  Hist.  ii.  55.  Ctc.  flacc.  38: 
Before  it»  the^  was  a  little  altar,  on  which  libations  were  made,  and 
incenae  Inirnt,  yirg.  Mn.  iii.  63.  302.  vi.  883.  ^  keeper  was  ap* 
pointed  to  watch  the  tomb.  Prop.  iii.  16.  24.  which  was  firequently 
illuminated  with  lamps,  D.  x\.  4.  44.  Suet.  Aug.  99. 

A  kind  of  perpetual  lamps  are  said  by  several  authors  to  have 
been  found  in  ancient  tombs  still  burning,  which,  however,  went  oat 
on  the  admission  of  air.  But  this  by  others  is  reckoned  a  fiction, 
Kippingiy  Antiq.  iv.  6.  14. 

A  feast  was  generally  added,  called  SILICERNIUM,  {catna  fa*- 
nebris,  qnasi  in  sUice  posita,  Serv.  in  Virg.  Mn.  v.  92.  vel  quod 
siUnies,  so.  umbrce,  earn  cernebant,  vel  parentantes,  qui  non  degus- 
tabant,  Donat.  in  Ter.  Adelph.  iv.  2.  48.)  both  for  the  dead  and  the 
living.  Certain  things  were  laid  on  the  tomb,  commonly  beans, 
Plin.  18.  12.  s.  30.  lettuces,  bread,  and  eggs,  or  the  like,  which  it 
was  supposed  the  ghosts  would  come  and  eat :  hence  C<ena  fera- 
Lis,  Juvenal,  v.  85.  What  remained,  was  burnt ;  for  it  was  thought 
mean  to  take  any  thing  thus  consecrated,  or  what  was  thrown  info 
the  funeral  pile.  Hence  Rapere  de  rogo  ecenam,  Catull.  57. 3.  Tt- 
bull.  i.  5.  58.  E  fiammii  cibum  peter e,  Ter.  Eun.  iii.  2.  38.  Bnsti- 
rdpus  is  applied  as  a  nairte  of  contempt  to  a  sordid  person,  Phtut. 
Pseud,  i.  3.  127.  and  Silicerw iitm,  to  an  old  man,  Ter.  ihxd.  ^ 

After  the  funeral  of  gi^at  men,  there  was  not  only  a  feast  for  the 
friends  of  the  deceased,  but  also  a  distribution  of  raw  meat  among 
the  peopkJ,  called  VISCERATIO,  Liv.  viii.  22.  See  p.  274.  with 
shows  of  gladiators  and  games,  which  sometimes  continued  for  se- 
veral days  ;  Liv.  xxxvi.  46.  sometimes  celebrated  also  on  the  anni- 
versary of  the  funeral,  Virg.  JBn.  v.  Faustus,  the  son  of  Sylla, 
exhibited  a  show  of  gladiators  in  honour  of  his  father,  several  yeati 
after  his  death,  and  gave  a  feast  to  his  people,  according  to  his  fa** 
ther's  testament,  Cic.  S^L  19.  fJio.  xJtxvi.  51. 

The  time  of  mourning  for  departed  friends  was  appointed  by 
Numa,  Pluiarck.  in  Num.  as  well  as  funeral  rites,  {justa  fimebria^y 
and  oflehngs  to  appease  the  manes,  {infiria  ad  placandos  Mtnts^) 

Dm 


410  ROMAN  ANTIQUITIES. 

Liv.  i.  20.  There  was  no  limited  time  for  men  to  mourn,  |j«»P^ 
none  was  thought  honourable,  Senec.  EpUl.  63.  as  among  the  1^- 
mans,  Tadt.  HIT.  It  usually  did  not  exceed  a  few  days,  Dto.  Ivi.  «. 
Women  mourned  for  a  husband  or  parent  ten  months,  or  a  year,  ac- 
cording to  the  computation  of  Romulus,  See  p.  277.  but  not  longer, 
Senec.  ib.  <Jr  Qmsol.  ad  Heh.  16.     Ovid.  Fhst.  in.  134 

In  a  public  mourning  for  any  signal  calamHy,  the  <»«»*  of  a  pnn^ 
or  the  like,  there  was  a  total  cessation  from  busmess,  (JUSilii- 
UM,)  either  spontaneously,  or  by  public  appomtment,  I^v.Jix.  7.  la- 
cit.  Ann.  ii.  si  Lucan.  ii.  17.  CapitoUn.  in  Jntamn.  PhxL  7.  when 
the  courts  of  justice  did  not  at,  the  shops  were  shut,  &c.  TactL  Aim. 
iii.  3.  4.  iv.  8.  Suti.  Cal.  24.  In  excessive  grief,  the  temples  of  the 
gods  were  struck  with  stones,  {lapidaia,  i.  e.  lapidibue  impelOih)  mm 
their  altars  overtamed,  Suet.  CaL  5.  Senec.  Vit.  beat.  36.  Arrum^ 

Em'ctet.  ii.  22.  ,.       .,  »    r«u^ 

Both  public  and  private  mourning  was  laid  aside  on  account  ol  Uic 
public  games ;  Tacit.  Ann.  iii.  6.  Suet.  Cal.  6.  for  certam  sacred 
rites,  as  those  of  Ceres,  Ac  and  for  several  other  causes  enumerat- 
ed by  Festus,  in  voce  minuitur.  After  the  battle  of  Cannes,  by  a 
decree  of  the  senate,  the  mournins  of  the  matrons  was  limited  to 
thirty  davs,  Liv.  xxiii.  56.  VaL  Max.  i.  1.  15.  Immoderate  grief 
was  supposed  to  be  offensive  to  the  Manes,  Tibull.  i.  1. 67.  Stat  Sylv. 

V.  1.479.  ^         ^        .,      •  • 

The  Romans  in  mourning  kept  themselves  at  home,  Tactt.  Jinn.  lu. 
3.  iv.  8.  Plin.  Ep.  ix.  13.  avoiduig  every  entertainment  and  amuae- 
roent ;  Cic.  Att.  xii.  13.  dtc.  Senec.  decl.  iv.  1.  Suet.  Cal.  24.  45.  net- 
ther  cutting  their  hair  nor  beard  ;  See  p.  362.  drest  in  black,  (LU6U- 
BRIA  stanebant,"^  Juvenal  x.  245.  which  custom  is  supposed  to  have 
been  borrowed  fom  the  ^xyptians,  Serv.  in  Virg.  JEn.  xi.  sometimes 
in  skins,  Festus  in  pbllis  ;  laying  aside  every  kind  of  ornament,  Iav. 
ix.  7.  Suet.  Aug.  101.  not  even  lighting  a  fire,  Scholiast,  in  JwvenaL 
iii.  214.  Apul.  Met.  ii.  which  was  esteemed  an  ornament  to  the  house. 
Homer.  II.  13.  Hence  Focus  perennis^  i.  e.  sine  luctUj  Martial,  x. 
47.  4.pervtgil,  Stat.  Sylv.  iv.  5.  13. 

The  women  laid  aside  their  gold  and  purple,  Liv.  xxxiv.  7.  Ter. 
Heawt.  ii.  3.  45.  Under  the  republic,  they  dressed  in  black,  like  the 
men ;  but  under  the  emperors,  when  party-coloured  clothes  came 
in  fashion,  they  wore  white  in  mourning,  Plutareh.  probl.  27.  Hsro^ 
dian.  iv.  2.  6. 

In  a  public  mourning,  the  senators  laid  aside  their  latus  clamu 
and  rings :  Liv.  ix.  7.  the  magistrates,  the  badges  of  their  office ; 
Cic.  post  red.  in  Sen.  5.  Tacit.  Ann.  iii.  4.  Lucan.  ii.  18.  and  the 
consuls  did  not  sit  on  their  usual  seats  in  the  senate,  whibh  were 
elevated  above  the  rest ;  but  on  a  common  I^nch,  {sede  vulgaris) 
Tacit.  Ann.  iv.  8.  Dio.  Ivi.  31.  Dio  says  that  the  senators  in  great 
mourning  appeared  in  the  dress  of  the  Eqmtes,  xl.  46. 

The  Romans  commonly  built  tombs  {sepulchra,  v.  condiloria)  for 
them^lves  during  their  life-time,  Senec.  brev.  vU.  20.  thus,  the  MAU- 
S0l4£UM,  (lAowToXsiov,)  of  Augustus  in  the  Campus  Martius  between 


FUNERALS.  411 

tlM  via  fiaminia  and  the  bank  of  the  Tiber,  with  woods  and  walla 
aroundt  Suet  Aug.  101.  Sirab,  ▼.  p.  236.  Hence  these  words  fine- 
qnently  occur  in  ancient  inscriptions,  Y.  F.  Vitus  Fkcit  ;  Y.  F.  C. 
ViTOS  FAciBHDvm  cvRAYiT ;  V.  S.  P.  YiTVS  8IBI  posott;  also  8a 
vnro  raciT.  If  they  did  not  live  to  finish  them,  it  was  done^by  their 
heirs.  Suet.  Aug.  101.  who  wcnre  often  ordered  by  the  testament  to 
boild  a  tomb,  Harat.  Sat.  ii.  3.  84  d&  5.  105.  Piitu  Ep.  vi.  10.  and 
sometimes  did  it  at  their  own  expense,  (db  suo  vtl  na  sua  paciTifiA.) 
Pliny  complains  bitterly  of  the  neglect  of  friends  in  this  respect, 
lUd. 

The  Romans  erected  tombs  either  for  themselves  alone,  with  their 
wives,  (SEPITLCHRA  rehvA,  vet  Sihoularia),  or  for  themselves, 
their  family;  and  ^post^rity,  fcoiufUNiA,)  ^'Cti.  Off.  i.  17.  FAMiLiAaiA 
et  BARBDiTARiA,  Martial,  u  117.  Cod.  13.  likewise  for  their  friends, 
who  were  buried  elsewhere,  or  whose  bodies  could  not  be  found 
(CENOTAPHION,  vel  Tumulus  honorarius.  Suet.  CI.  I.  vel  irrA** 
Nis,  Virg.  JEn.  iii.  304  Horat.  Od.  ii.  20.  21.)  Tacit.  Ann.  i.  62. 
When  a  person,  fiilsely  reported  to  have  been  dead,  returned  home, 
he  did  not  enter  his  house  by  the  door,  but  was  let  down  from  the 
roof  (ffiari  calitus  missus f)  Plutarch.  Q.  Rom.  5. 

The  tombs  of  the  rich  were  commonly  buik  of  marble,  Cic.  Fam. 
IV.  12.  TibuU.  iii.  2.  32.  the  ground  enclosed  with  a  wall,  {macerid,) 
Siief.  Ner.  33.  50.  or  an  iron  railing,  {/erreA  sepe,)  Strab.  v.  p.  236. 
and  planted  around  with  trees,  Martial,  i.  89. 3.  as  among  the  Greeks, 
Pausaru  ii.  15. 

When  several  different  persons  had  a  right  to  the  same  burying 
ground,  it  was  sometimes  divided  into  parts,  and  each  part  assigned 
to  its  proper  owner. 

But  common  sepulchres  we^  usually  built  below  ground,  and 
called  HIPOGiEA,  Petrm.  71.  many  of  which  still  exist  in  different 
parts  of  Italy,  under  the  name  of  catacombs.  There  were  ni<^s 
cut  out  in  the  walls,  in  which  the  urns  were  placed ;  these,  from 
their  resemblance  to  the  niches  in  a  pigeon-house,  were  called  Co- 
lumbaria. ^  1  . .  . 

Sepulchres  were  adorned  with  various  figures  in  sculpture,  which 
are  still  to  be  seen,  Cic.  Tusc.  Q.  v.  23.  ^irg.  JEn.  vi.  233.  with  sta- 
tues,  Lav.  xxxviii.  ^.  columns,  &c.    - 

But  what  deserves  particular  attention,  is  the  inscription  or  epi- 
taph, (TITULUS.  to»7fa^,  Epitaphium,  vel  Elooium,)  expressed 
sometimes  in  prose,  and  sometimes  in  verse,  Ovid.  Her.  xiv.  128. 
Martial,  x.  71.  Cic.  Tusc.  I  14.  Arch.  11.  Senect.  xvii.  20.  fin.  ii. 
35.  Pis.  29.  Firg.  Eol.  v.  43.  Suet.  CI.  12.  Plin.  Ep.  ix.  20.  St/,  xv. 
44.  usually  bcginiiing  with  these  letters,  D.  M.  S.  Dis  Manibus  sa- 
CRUM,  Prudent.  &fmmach.  i.  402.  Gell.  x,  la  vel  Memorije,  Suet. 
Fit.  10 ;  then  the  name  of  the  person  followed,  his  character,  and 
the  principal  circumstances  of  his  life.  Often  those  wordsare  used, 
Hic  SITUS  BST  vel  JACBT,  Ovtd.  Met.  H.  378.  Fast.  ui.  373.  Tibull. 
1 3.  55.  iii.  2. 29,  Mirtial.  vi.  52.  Virg.  vii.  3,  Plin.  Ep.  vi.  10.  Se, 


41SI  ROMAN  ANnQuniEa 

mee.  Ep.  78.    If  he  had  lived  happily  in  marriage,  thus  Sivb  «ce- 
littA,  8tn  JVROio,  vel  offenea^  vel  discordiOt  PHn.  Ep,  viii.  6. 

M^heo  the  body  was  simply  iaierred  without  a  tomb,  an  inscrip* 
tioa  was  Bometimea  pat  on  the  stone  coffin,  as  on  ^  that  of  Numay 

Tliei«  was  an  action  for  violating  the  tombs,  of  the  dead,  (Sidroi** 
OBfti  vioi^lh  actio,)  Cic.  1\uc.  L  13.  Sentc.  CmrUr.  iv.  4.  Tlio 
puniiihroeni  was  a  fine,  the  loss  of  a  hand,  (man^  ampiUatio  ;)  work- 
ugin  the  mines,  {damnaiio  ad  nuiaUum^  banishment  or  death. 

A  tomb  was  violated  by  demolition,  by  converting  it  to  improper 
{Nirposes,  or  by  burying  in  it  those  who  were  not  entitled,  {aUen^s 
tnfermdo^)  Cic.  legff.  ij.  26.  D.  de  sep.  viol.  47.  1%  Tombs  often 
served  as  lurking-pTaces  for  the  persecuted  Christians,  ChrysotU 
Ibm*  40.  and  others,  Martial,  i.  36.  iii.  92. 15. 

The  body  was  violated  by  haiidling,  /.  4.  C.  dt  sep.  vioL  ix.  19b 
or  mutilating  it,  which  was  sometimes  done  for  magical  purposes  ; 
QtdncM.  decL  15.  Mpul.  Met.  ii.  TaciL  Ann.  ii.  69.  by  stripping 
it  of  any  thing  valuable ;  as  gold^  arms^  &c.  Id.  69.  Phmdr.  i.  27. 
3.  or  by  transporting  it  to  another  (dace,  without  leave  obtained 
from  the  Pontifex  Maxhnus^  from  the  Emperor,  or  the  Magistrate 
of  the  place.  Dig.  ^  Cod.  Plin.  Ep.  x.  73  &  74. 

Some  consecrated  temples  to  the  memory  of  their  friends,  as  Ci* 
eero  proposed  to  his  daughter  Tullia ;  which  design  he  frequently 
mentions  in  his  letters  to  Atticus,  xii.  18.  J9.  35^  36.  41.  43,  dsc» 
LacianL  i.  15.  This  was  a  very  ancient  custom,  Plin.  27.  and  pro»» 
bablv  the  origin  of  idolatry,  Wisd.  xiv.  15. 

The  highest  honours  were  decreed  to  Illustrious  persons  aftev 
death,  Minuc.  Felix  in  Octav.  The  Romans  worshipped  their  found* 
er  Romulus,  as  a  god,  under  the  name  of  Quirinus,  Ldv.  i.  16.  Hence 
afterwards  the  solemn  CONSECRATION  {d^o^iunrtg)  of  the  empe* 
r^TBt  by  a  decree  of  the  senate,  Ihrodian.  iv.  2.  who  were  thus  said 
to  be  ranked  in  the  number  of  the  gods,  {in  deorum  wanerum,,  inltr 
vel  in  d€os  referri^  Suet.  Cses.  88.  calo  decari^  Plin.  Pan.  11.  &c.} 
also  some  empresses,  Suet.  CI.  11.  Tadt.  Ann.  v.  2.  xvi.  21.  Tem- 
ples and  priests  were  assigned  to  them*  see  p.  263.  They  were  in- 
voked with  prayers,  Virg.  G.  i.  42.  Men  swore  by  their  name  or 
genius,  and  offered  victims  on  their  altars,  Horai.  6p.  ii.  1.  16. 

The  real  body  was  burnt,  and  the  remains  buried  in  the  usual  man- 
ner. But  a  waxen  image  of  the  deceased  was  made  to  the  life ;" 
which,  after  a  variety  of  ridiculous  ceremonies  paid  to  it  for  seven 
days  in  the  palace,  was  carried  on  a  couch  in  soliemn  procession  on 
the  shoulders  of  young  men  of  equestrian  and  patrician  rank  ;  first 
to  the  Forum,  where  the  dirge  was  sung  by  a  choir  of  boys  and  girls 
of  the  most  noble  descent ;  then  to  the  Campus  Martins^  where  it 
was  burnt,  with  a  vast  quantity  of  the  richest  odours  and  perfumes, 
on  a  lofty  and  magnificent  pile  ;  from  the  top  of  which,  an  eagle  let 
loose  was  supposed  to  convey  the  prince's  soul  to  heaven,  Heroditm. 
iv.  3. 


VEiGHTfi  AND  COINS,      .  4E» 


ROMAN  WEIGHTS  and  COV^. 

TuK  principal  Roman  weight  was  AS  or  libra,  apound ;  which 
divided  into  twelve  parts,  or  ouocesi  (UMCliE:)  thus  tmcta».an 
buncet  or  ^  of  an  as  ;  iexlans,  2  ouncesi  or  fy ;  quadran»i  3,  jV  or| ; 
iriensp  4,  /f»  or  | ;  atimct/nap,  5,  or  fy ;  <emtV,  6,  or  (  ;  teptww^  7»  «r 
^  ;  bes^  or  6e«W«,  8,  ^^,  or  | ;  dodrans^  9,  /^  or  | ;  dexta/u,  or  Jk». 
ctmXf  IO9 1|«  or  f ;  .detii»x,  il  ounces,  or  {-^  of  an  as. 

The  UNCIA  was  also  divided  thus,  sM^unda^  ^^  the  half  of  att 
ouace,  or  ^^  of  an  M  ;  dutUa^  \  ;  siciticut^  vel  nun,  i  ;  seximUf  i  ; 
drachina^  ^ ;  hemuescla^  i.  e.  semistxiula,  ^ ;  tremiMni^  icrifubm^ 
scriptiilwn  vel  scnpulumt  ^V  of  an  ounce,  or  ^Vt  of--  an  01,  Yam  L» 
U  iv.  3& 

AS  was  applied  to  any  thing  divided  into  twelve  parts;  as,  to  aa 
inheritance,  ste  p.  60.  an  acre,  Liv.  viii.  1 1.  to  liquid  measure,,  »eep^ 
383.  pr  to  the  interest  of  money,  &c.  Hence  probably  to  our  wonl 
ace^  or  unit 

The  Roman  pound  was  equal  to  10  ounces,  18  pennv-vfe^ts,  I3f 
grains  of  English  Troy  weight,  or  nearly  12  ounces  AvinrdupoUe. 

The  Greek  weights  mentioned  by  Roman  authors,  are  chiefly  the 
taletUf  divided  into  60  mi'rus,  and  the  mina  into  100  draehmcB.  The 
mina  was  nearly  equal  to  the  Roman  libra. 

The  English  TROY  weighlt  by  which  silver  and  gold  are  we^- 
ed,  is  as  follows :  24  grains,  1  penny*weight ;  20  dwt.  1  ounce ;  19. 
OS,  1  pound.  BiU  Apothecaries^  in  compounding  medicines^  make' 
20  grains  1  scruple ;  3 s.  1  drachm ;  8dr.  1  ounce ;  12  02.  1  pound. 
Jvoirdypaise  weight,  by  which  larger  and  coarser  commodities  are 
weighed,  19  drachms,  1  ounce ;  16  oz.  1  pound* 

The  Romans,  like  other  ancient  nations,  Slrab.  iii.  155.  at-  firsi 
had  DO  coined  money,  {peciuiia  signata^)  but  either  exchanged  com- 
modities with  one  another,  or  used  a  certain*  weight  of  uncoined 
brass,  (ass  ruos,)  or  rather  metal :  hence  the  various  names  of  mi^ 
aey  iJso  denote  weight ;  bo  ptndere  for  solvere,  to  pay;  siipendirnn^ 
(a  siipe  pendenda,)  soldiers'  pay,  Festus;  because  at  first  it  was 
weighed,  and  not  counted.  Thus  ialenium  and  miaa  amoQg  the 
Greeks,  shekel  among  the  Hebrews,  and  vound  among  u& 

Several  Greek  words  are  supposed  to  allude  to  the  original  custom 
of  exchanging  commodities,  thus,  cLgw^uu,  to  purchase  or  eschar^, 
by  giving  a  lamb,  (dp;,  a^voc,  agnus  ;)  iwioiieu,  by  giving  an  ass,  (^v«(^ 
%smus  ;)  ifuiKsu^  by  giving  a  foal,  ywXqc,  {equtdeus,^  or  the  young  of 
any  animal. 

Servius  TuUius  first  stamped  pieces  of  brass  with  the  image  of 
ealtle,  oxen,  swane,  &c.  (Pecudes,)  whence  PECUNIA,  aioiiey, 
Ovid.  FasL  v.  281.  (Servius,  rex,  ovwm  boumque  effigio  primim  mB 
stgnavit,  Plin.  xxxiii.  3,  Ms  pecore  tiotavit ;  Yarro.  R.  R.  ii.  L  PIu- 
taich.  Q.  Roto.  40.  Silver  was  first  coined,  A.  U.  484.  five  years 
hi^bre  tim  first  Punic  war,  or,  according  to  otben^  A,  U.  40& 


414  ROMAN  ANTIQUITIES. 

g6ld,  rixty-two  years  after,  Plin.  xxxiii.  3.  40.  Liv.  Ep,  xv.  SutFer 
coinSy  however,  seem  to  have  been  in  use  at  Rome  before  that  time, 
bat  of  foreign  coinage,  Ltv.  viii.  11.  The  Roman  coins  were  then 
only  of  brass. 

Hence  ^s  or  csra^  plur.  is  put  for  money  in  general,  Horat,  art.  p. 
345.  tp.  1. 7.  ^Xi.  Aureos  nwnmos  ees  dicimus,  uTpian.  JEre  ma(«cr«y  to 
buy  or  sell ;  as  a/tentim,  debt ;  annua  mra^  yearly  pay,  Zitv.  y.  4. 
tfronum,  the  treasury ;  ms  miliiare^  money  for  pajring  the  soldierst 
given  from  the  treasury  to  the  Qusstor  by  the  Tribuni  arant,  Ascon. 
et  Fest.  or  l^  them  to  the  soldiers,  f^arr.  L.  L.  iv.  36.  Hamo<Bra^ 
iMt,  a  moneyed  man,  PiatU.  Most,  iv;  2. 9.  as  some  read  the  passage ; 
to  iribfini  ntm  tarn  csrati,  i.  e.  bene  nummati,  quam  ut  appeUantur^ 
mrariif  i.  e.  asre  corrupti,  vel  in  ararios  aut  Cosriies  refertndi,  Cid. 
Att  L  16.  Set  p.  113.  Mra  vttusta^  i.  e.  prisca  monelOy  ancient  mo- 
ney ;  Chid.  Fast.  i.  220.  but  JEra  vetera,  old  crimes  or  debts  ;  Cic. 
Vtrr.  V.  13.  JEruscare  vel  asculari,  to  get  money  by  any  means ; 
Fut.  et  Senee.  de  clem.  ii.  6.  JEmiscator^  vel  esculator^  a  low  b^g^- 
ly  fellow,  a  fortune-teller,  or  the  like,  Gell.  ix.  2.  xiv.  1.  obcsratuM^ 
oppressed  with  debt,  a  debtor,  lAv.  26.  40.  Cess.  B.  G.  i.  3.  Thdi. 
Ann.  vi.  17.  In  mto  are  est^  i.  e.  in  bonis  me»,  vel  in  meo  censu^ 
mine,  my  friend,  tic.  Fam.  xiii.  62.  xv.  14.  as  ciratmfaraneun^  mo- 
ney borrowed  from  bankers  {argentarii),  who  had  shops  in  porticos 
round  the  Forum,  Cic.  Att.  ii.  2. 

Money  was  likewise  called  STIPS  (a  stipando)^  from  being  cram- 
med in  a  cell,  that  it  might  occupy  less  room,  f^arr.  L.  L.  iv.  36. 
But  this  word  is  usually  put  for  a  small  coin,  as  we  say  a  penny  or 
farthing,  offered  to  the  gods  at  games,  or  the  like ;  Cic.  leg.  ii.  16. 
Liv.  25. 12.  Tacit,  Ann.  xiv.  15.  Suet.  Aug.  57.  or  given  as  an  alms 
to  a  beggar;  Id.  91.  or  to  any  one  as  a  new  yearns  gift,  (strkna,) 
Id.  CaL  42.  or  by  way  of  contribution  for  any  public  purpose,  Plin. 
xxxiii:  10.  s.  48.  xxxiv.  5. 

The  first  brass  coin  (nummus  vel  numus  csris^  a  Numa  rege  vel  a 
vt^  lex),  was  called  AS,  (anciently  assis,  from  as ;)  of  a  pound 
weight,  {liberalis.)  The  highest  valuation  of  fortune  {census  hmmti- 
mus)  under  Servius,  was  100,000  pounds  weight  of  brass,  {centum 
millia  aris,  sc.  assium  vel  librarum,)  Liv.  i.  43. 

The  other  brass  coins,  besides  the  as,  were  semisses,  trienies^ 
qmdranUs  and  sextantes.  The  quadrans  is  also  called  TCRimcf  us» 
Cic.  Fam.  n.  17.  Att.  v.  20.  (a  tribus  unciis,)  Plin.  xxxiii.  3.  s.  13. 

These  coins  at  first  had  the  full  weig^it  which  their  names  import- 
ed, hence  in  later  times  called  MS  GRAVE,  Plin.  xxxiii.  3.  s.  13. 

This  name  was  used  particularly  after  the  weight  of  the  as  waf 
diminished,  to  denote  the  ancient  standard,  Liv.  iv.  41.  60.  ▼.  13. 
S^nec.  ad  Helv.  12.  because  when  the  sum  was  laive,  the  asses 
were  weighed  and  not  counted.  Servius  on  Virgil  makes  as  grave 
to  be  lumps  {massa)  of  rough  copper,  or  uncoinedl)rass  (aris  mdit «) 
iEn.vi,862.  ©       i-f  V        .        / 

In  the  first  Punic  war,  on  account  of  the  scarcity  of  monev,  asses 
ware  struck  weighing  only  the  sixth  part  <^  a  pound,  or  twerooneet; 


WEIGHTS  AND  COINS.  415 

(f$$s€9  s€xianiario  pondere  ftriebatUur^)  which  paised  for  the  same 
▼akie  as  those  of  a  pound  weight  had  done ;  whence,  says  Pliny, 
the  republic  gained  five-sixths,  (Ua  guinaue  partes  fatta  lucri^^  ana 
thus  dischBrg[ed  its  debt.  The  mark  of  the  as  was  then  a  double  Jo- 
tttff  on  one  side,  and  the  beak  or  stem  of  a  ship  on  the  other,  Plu" 
tarcK  Q.  Rom*  40.  See  Ovid.  Fast.  i.  229,  &c.  of  the  iriens  and 
quadrmnif  a  boat,  (rates ;)  whence  they  are  sometimes  called  Rati- 
Ti,  FesiuSf  Plin.  ibid. 

In  the  second  Punic  war,  while  Fabius  was  dictator,  the  (XMet 
were  made  to  weigh  only  one  ounce,  (unciaUs ;)  and  afterwards,  by 
the  law  of  Pofrirtus^  A.  fj.  563,  half  an  .ounce,  {senmnciaUSf)  Plin. 
xxxiii.  3.  s.  13. 

The  sum  of  three  asses  was  called  tressis  ;  of  ten  asses^  decussis  ; 
of  twenty,  vicessis  ;  and  so  on  to  a  hundred,  Cbntussis,  Varr.  X. 
L.  IT.  36.  viii.  49.  Pers.  v.  76.  191.  GtlL  jy.  15.  Macrob.  Sat.  ii. 
13.  but  there  were  no  such  coins. 

The  silver  coins  were  DENARIUS,  the  value  of  which  was  t«i 
asses  or  ten  pounds  of  brass,  (Dent  mrist  sc,  asses,)  marked  with  the 
letter  X.— QUINARIUS,  five  asses,  mailed  V.— and  SESTER- 
TIUS,  two  asses  and  a  half  {quasi  sesquitsrtius,)  commonly 
marked  by  the  letters  L.  L.  S.  for  Libra  libra  semis  ;  or  by  iibbre- 
▼iation,  H.  S.  and  often  called  absolutely  NUMMUS,  because  it  was 
in  most  frequent  use,  Cic.  Verr*  iii.  60  &  61. 

The  impression  on  silver  coins,  {noia  argentic)  was  usually  on  one 
side,  carriages,  drawn  by  two  or  four  beasts,  (big€B  vel  quadrigae  :) 
whence  they  are  called  BIGATI  and  QUADRI6ATI,  sc  mimmt, 
Plin.  xzxiii.  3.  Liv.  xxii:  52.  xxiii.  15.  and  on  the  reverse,  the  bead 
of  Roma  with  an  helmet. 

On  some  silver  coins  was  marked  the  figure  of  victory,  hence 
called  YICTORIATI,  Cic.  Font.  5.  Quinctil.  vi.  3.  stamped  by  the 
Ctodian  law,  Plin.  xxxiii.  3.  of  the  same  value  with  the  guinarii. 

From  every  pound  of  silver  were  coined  100  denarii  ;  so  that  at 
first  a  pound  of  silyer  was  equal  in  value  to  a  thousand  pounds  of 
brass.  Whence  we  may  iudee  of  the  scarcity  of  silver  at  that  time 
in  Rome.  But  afterwards  me  case  was  altered.  For  when  the 
weight  of  the  as.  was  diminished,  it  bore  the  same  proportion  to  the 
denarius  as  before,  Jill  it  was  reduced  to  one  ounce  ;  and  then  a  de^ 
nariut  passed  for  sixteen  asses,  (except  in  the  military  pay,  in  which 
it  continued  to  pass  for  ten  asses,  at  least  under  the  republic,  Plin. 
luziiL  3.  for  in  the  time  of  Tiberius  it  appears  no  such  exception 
was  made,  TacU.  Ann.  1.  17.)  a  quinarius  for  eight  asses,  and  a  ses-» 
tertitis  for  four ;  which  proportion  continued  when  the  as  was  reduc- 
ed to  half  an  ounce,  Plin.  ibid.  Hence  argentum  are  soluium,  i.  e. 
an  Of  for  a  sestertius,  or  the  fourth  part.  Sail.  Cat.  33.    See  p.  48. 

But  the  weight  of  the  silver  money  also  varied,  and  was  different 
under  the  emperors  from  what  it  had  been  under  the  republic. 

Varro  mentions  silver  coins  of  less  value  :  I^bella,  worth  an  as, 
or  the  tenth  part  of  a  denarius ;  Sembella,  (quasi  semUibella,)  worth 
half  a  pound  of  brass,  or  the  twentieth  part  of  a  denariuSf  and 


416  ROMAN  ANTIQUITIES. 

» 

ViROKCtus,  the  fortieth  part  of  a  denariut^  Yarro  de  liiig.  LaL  iv« 
36.  But  Cioero  puts  the  libtUa  for  the  smallest  silver  coin,  Vtrr*  ii. 
10.  Ro8c.  C.  4.  as  well  as  the  /crimaitf.  Fin.  iii.  14.  Att.  ▼.  9U.  Faok 
iL  17.  this,  however,  he  does  only,  proverbially  ;  as  we  say  a  ptmng 
or  a  farthing. 

A  golden  coin  was  first  struck  at  Rome  in  the  second  Punic  war, 
in  thfe  c^Mfisulsbip  of  C.  Claudius'  Nero  and  M.  Livius  Saltnator,  A. 
tJ.  546.  called  AUREUS,  or  aurtus  nummtu^  equal  in  weight  to  two 
denarii  and  a  gmttarws^  and  in  value  to  twenty-five  denarUf  or  100 
teWerttt,  Suet.  Oth.  4.  Tacit.  Hist.  1.  24.  Hence  the  fee  allowed  to 
be  taken  by  a  lawyer  is  called  by  Tacitus  dena  stBitttia^  Ann.  xi.  7. 
by  Pliny  decern  miliia^  sc.  H.  S.  £p.  v.  21.  and  bv  Ulpian  caiitufl 
▲uaBi,  u.  l,V2.  de  exlr,  cognii.  See  p.  162.  all  of  which  were 
equivalent. 

The  common  rate  of  gold  to  silver  under  the  republic  was  teiH 
fold  ;  (ii/j9ro  argenUis  decern,  aureus  wms  valeret^)  Lir.  3S.  II. 
But  Julius  CsBsar  got  so  much  gold  by  plundering,  that  he  exchanged 
h  {promercaie  divideret,)  for  3MH)  eesUrtii,  or  7M)  denarii  the  pomd, 
i  e.  a  pound  of  gold  for  7^  pounds  of  silver,  StieL  Cas^  &4» 

The  aureut  in  later  ages  was  called  SOLIDU8,  but  then  greatly 
inferior,  both  in  weight  and  beauty,  to  the  golden  coins  struck  undar 
tlie  repuUtc  and  first  emperors,  Lamprid.  in  Aiex.  39. 

At  first  forty  aurei  were  made  from  a  pound  of  gold,  with  muck 
the  same  images  as  the  silver  coins.  But  under  the  late  emperors 
Ihe3r  were  mixed  with  alloy  ;  and  thus  their  intrinsic  value  was  di- 
minished. Hence  a  different  number  of  auret  were  made  from  a 
pound  of  gold  at  different  times  ;  under  Nero  45,  PUn.  33.  3.  but 
under  Constantino,  72. 

The  emperors  usually  impressed  on  their  coins  their  own  image, 
Jw)€naL  xiv.  29  i.  This  was  first  done  by  Julius  Cssar,  according 
to  a  decree  of  the  senate,  Dio.  xliv.  4. 

The  assay  or  trial  of  gold  was .  called  OBRUSSA,  P/m.  Sa  3. 
Csc.  Brui.  74.  Sentc.  Ep.  13.  s.  19.  hence  aurum  ad  obrustam^  ac 
exaclum,  the  purest  gold,  Suei.  Xer.  44.  ARGENTUM  pustuiatuv, 
the  finest  silver,  Ibul.  Martial,  vii.  85.  vel  purumpuiumt  Gell.  vi.  & 
ARGENTUM  infectum  vel  rude^  bullion,  unwrought  or  uncoined 
silver  ;  factum,  plate ;  signatum,  coined  silver,  Liv.  xxvii.  18.  xxxiv. 
52.  NIJMMUS  asper,  new-coined,  Suei.  ib.  Senec.  Ep.  19.  vetu$  vel 
irilm,  old,  &c. 

Some  coins  were  indented,  {serrati,)  Tacit,  de  Mor.  Gerraaa  S 
Besides  the  ordinary  coins,  there  were  various  medals  stnKd^  to 
commemorate  important  events,  properly  called  Medallions  :  for 
what  we  commonly  term  Roman  medais,  were  their  current  money. 
When  an  action  deserved  to  be  recorded  on  a  coin,  it  was  stamped 
and  issued  out  of  the  mint 

Money  was  coined  in  the  temple  of  Juno  Moneta  ;  whence  onr 
word  money.  The  consuls  at  first  ore  thought  to  have  had  the  chai^ 
of  it  But  particular  officers  were  afterwards  created  for  that  pur- 
pose.   1^  p.  129. 


Method  op  computing  money.         417 

There  ere  several  Grecian  coins  mentioned  by*  Roman  writers, 
some  of  them  equal  to  Roman  coins,  and  some  not ;  DRACHMAi 
eqnal  to  a  denanus  :  but  some  make  it  to  be  as  nine  to  eight ; 
MINA,  equal  to  100  drachma,  or  to  a  Roman  libra,  or  pound  of 
silver,  Plin.  xxi.  34.  TALENTUM,  equal  to  sixty  mituB^  or  Roman 
pounds  :  TETRADRACHMA  vel  -urn,  equal  to  four  drachna  or 
denarii^  as  its  name  imports,  Ltv«  xxxvii.  46.  Cic,  Fam.  xii.  13.  but 
Livy,  according  to  the  common  readiuj^,  makes  it  three  denarii^  Liv. 
xxxiv.  52.  OBOLUSrtbe  sixth  part  of  a  denarius  or  ifracAma,  Plin. 
xxi.  34.  The  Greek  oholus  was  worth  1  penny  i  and  ^  of  a  farthing, 
sterling.  Six  oboli  made  a  drachma,  100  drachmae  made  a  mina, 
and  60  minse,  a  talent. 

METHOD  OF  COMPUTlMi  MONEY. 

Thr  Romans  usuedly  computed  sums  of  money  by  SESTERTII 
or  SE8TERTIA.    SeaUrlium  is  the  name  of  a  sum,  not  of  a  coin. 

When  a  numeral  noun  is  joined  with  sestertii,  it  means  just  so 
many  sesterces ;  thus,  decern  sestertii,  ten  sesterces ;  but  when  it  is 
joined  with  sestertia,  it  means  so  many  thousand  sestertii ;  thus,  c?e- 
cem  sestertia^  ten  thousand  sesterces. 

8ESTERTIUM,  Mille  sestertii,  milU  nummi,  v.  sestertii  nummi^ 
tnUle  sesteriiAm,  mille  nummiJLm  vel  sestertium,  nummdm  mille  ^^IL  5. 

vel  H.  S.  2500  aris,  sc  asses  ;  250  denarii  vel  drachma  denote  the 
same  sum. 

When  a  numeral  adverb  is  joined  to  sestertium^  it  means  so  many 
hundred  thousand  sestertii;  thus,  quadragies  sestertium  is  the  same 
with  quadragies  centena  millia  sestertiorum  nummorum,  or  quater  mil" 
lies  milk  sestertii,  four  millions  of  sestertii.  Sometimes  tne  adverb 
stands  by  itself,  and  denotes  the  same  thing ;  thus,  decies,  vicies  vel 
vigesies,  sc.  sestertium;  expressed  more  fully,  decies  centena,  sc.  mt/- 
lia  sestertium  ;  Horat.  Sat.  i.  3.  15.  Juvenal,  x.  335.  and  complete- 
ly, Cic.  Verr.  i.  10.  and  xb.  iii.  70.  So  also  in  sums  of  brass,  decies 
aris,  sc.  centena  millia  assium,  Liv.  xxiv.  11.  For  when  we  say  de* 
ni  cBriSf  centum  €Bris,  &c.  asses  is  always  to  be  supplied. 

When  sums  are  marked  by  letters,  if  the  letters  have  a  line  over 
them,  centena  millia  is  understood,  as  in  the  case  of  the  numeral  ad« 

verbs ;  thus,  H.  S.  M.  C.  signifies  the  same  with  millies  centies,  i.  e. 
110,000,000  sestertii  or  nummi,  888,020/. :  16  :  8 :  whereas  H.  S. 
M.  C.  without  the  cross  line,  denotes  only  1100  sestertii,  81. :  17  : 

When  the  numbers  are  distinguished  b]r  points  in  two  or  three 
orders,  the  first  towards  the  ri^t  hand  signifies  units,  the  second 
thousands,  and  the  third  hundrld  thousands ;  thus.  III.  XII.  DC. 
HS.  denotes,  300,000 ;  12,000,  and  600  H.  S.  in  all  .making  312,Qp0 
sesUrtU,  5047/.  :  3  :  9. 

Pliny  says,  xxxiii.  3.  that  seven  years  before  the  first  Punic  war, 
there  was  in  the  Roman  treasury  auri  pondo  XVI.  DCCCX.  argsnti 
pondof  XXII.  LXX.  et  in  numerate,  LXIL  LXXV.  CCCC.  that  is^ 

53 


418  ROMAN  ANTIQUrnES. 

16,810  poands  of  gold,  23,070  poonds  of  silver,  and  ia  ready  mo- 
ney, 6,275,400  sestertii,  50,741/.  :  10  :  3^.  But  these  Bums  mm 
otherwiae  marked,  thus,  auripando  XYL  M.  DCCCX,  argerUi  XXll. 

M.  LXX.  et  in  numerato  LXTl.  LXXV.  M.  CCCC. 

When  sestertium  neut.  is  used,  pondo  is  understood,  that  is,  two 
pounds  and  a  half  of  silver,  or  a  thousand  sestertii^  Liv.  xxii.  33. 

When  H.  S.  or  sesierliwn,  is  put  after  decern  millia  or  the  like,  it 
is  in  the  genitive  plural  for  sestertiorum,  and  stands  for  so  many  «e#- 
teriii,  which  may  be  otherwise  expressed  by  decern  sestertia,  Slc.  But 
sestertfum^  when  joined  with  decies  or  the  like,  is  in  the  nominative 
or  accusative  singular,  and  is  a  compendious  way  of  expressing  de^ 
cies  centies  sestertium,  i.  e.  decies  centum  vel  decies  centena  millia  se$» 
tertium,  v.  sestertiorum* 

The  Romans  sometimes  expressed  sums  by  talents ;  thus,  decern 
millia  talerUtm,  and  sestertiitm  bis  millies  et  qiu^dringenties,  are  equi- 
valent, Cic.  Rabir.  Post.  8.  So  100  talents  and  600,000  denari.  Lit. 
xxxiv.  5d.— or  by  pounds,  (LIBRiE)  pondo,  i.  e.  pondere  in  the  ab- 
lative, for  these  words  are  often  joined,  as  we  say  pounds  in  wei^hi; 
and  when  PONDO  is  put  by  itself  as  an  indeclinable  noun,  for  a 
pound  or  pounds  :  it  is,  supposed  even  then  by  the  best  critics  to  be 
in  the  ablative,  and  to  have  libra  or  libra  understood.  (See  Grono' 
vius  dt  pec.  vet.)    Plaut.  Pseud.  iiL  3.  37.  Rud.  iv.  3.  9.  Men.  iii.  3. 

3  &  18.  Macrob.  Sdt.  iiL  15.  Cotumel.  xii.  30.  38.  lAv.  xxvi.  47. 
lii.  39.  iv.  30.  xxii.  33.  Gell.  ii.  34.  xx.  I.  Cic.  Cluent.  64.  Invent. 
ii.  40.  Parad.  iii.  1. 

The  Roman  libra  contained  twelve  ounces  of  silver,  and  was 
worth  about  3/i  sterling ;  the  talent,  nearly  193/. 

But  the  common  computation  was  by  sestertii  or  nummi. 

A  SESTERTIUS  is  reckoned  to  have  been  worth  of  our  money 
one  penny  3f  farthings ;  a  QUINARIUS  or  victoriatus,  3d.  3iq.  a 
DENARIUS,  7d.  3a.  the  AUREUS,  or  gold  coin,  16s.  W.  a  SES- 
TERTIUM,  or  a  thousand  sestertii,  6/.  :  1  :  5f--ten  sestertii.  Is. 
7d.  liq. — an  hundred  sestertii,  16s.  Id.  3q. — ^ten  sesterlia,  or  10,000 
sestertii,  80/. :  14  :  7. — an  hundred  sestertia,  vel  decies  sesterttumy 
vel  decies  centena  millia  numm&m,  v.  sestertium,  or,  100,000  sestertii, 
8,073/.  :  18  :  4.— Centies,  vel  Centies  H,  S.  80,739/. :  3  :  A.—Maiie$ 
H.  S.  8(^7,391/.  :  13  :  4.— Millies  Centies  H  S.  8,073,916/. :  13  : 

4  :  16  :  8,  &c.  Hence  we  may  form  some  notion  of  certain  instan- 
ces on  record  of  Roman  wealth  and  luxur}'. 

Crassus  is  said  to  have  possessed  in  lands,  bis  millies,  i.  e. 
1,614,583/. :  6  :  8.  besides  money,  slaves,  and  household  furniture, 
Pltn.  xxxiii.  10.  s.  47.  which  may  be  estimated  at  as  much  more, 
{alterum  tantum.)  In  the  opinion  of  Crassus,  no  one  deserved  to 
be  called  rich  who  could  not  maintain  an  army,  Cic.  Off.  i.  8.  or  a 
legion,  P/tit.  xxxiii.  10. — Seneca,  ter  millies,  3,431,875/. ;  Tacit. 
Ann.  xiii.  43. — Pallas,  the  freedman  of  Claudius,  an  equal  sum,  /dL 
xii.  53.— Lentulus,  the  augur,  quater  millies,  3,339,166/. :  13  :  4. 
Sene^.  de  bene/,  ii.  37.— C.  Caecilius  Claudius  Isidorus,  although  he 
had  lost  a  great  part  of  his  fortune  in  the  civil  war,  left  by  his  wiH 


METHOD  OF  COMPUTING  MONEY.  419 

41 16  9krm,  3600  yoke  of  oxen*  257,000  of  other  cattle ;  in  ready 
OMMieyt  H.  S.  fexctrUies,  484,275/.,  Plm.  t6. 

Augustus  received  by  the  testaments  of  his  friends  quater  deciei 
mitlies,  32,291,666/.  :  13  :  4  Suet.  Ayg.  ult.  He  leh  in  legacies  to 
tlM  Roman  people,  i.  e.  to  the  public,  ^[uadringenties^  and  to  the 
tribes  or  poorer  ^tixens,  {tribubus  vel  pUbtf)  Tricibs  qmnquitij  Suet. 
Hid.  Tacii.  Ann.  u  8. 

Tiberius  left  at  his  death  vigesUs  sq>iiei  milUeSj  21,796,875/., 
whioh  Caligula  lavished  away  in  less  than  one  year,  Suet.  Col.  37. 

Vespasian,  al  his  accession  to  the  empire,  said,  that  to  support 
the  commonwealth,  there  was  need  of  quadringenties' miltieMf 
322,916^666/. :  13 : 4,  an  immense  sum !  more  than  t^  national  debt 
of  Britain  I*  Suet.  Fesp.  16. 

The  debt  of  Milo  is  said  to  have  amounted  to  H.  S.  ieptingeniiesy 
565,104/.  3  :  4,  Plin.  xxxvi.  15.  s.  24. 

Caesar,  before  he  enjoyed  any  office,  owed  1300  talents,  251,875/. 
Plutarch.  When,  after  his  pretorship,  he  set  out  for  Spain,  he  is 
reported  to  have  said,  Bi»  miilies  et  quingeniits  sibi  deesse^  ut  nihU  ha* 
hereto  i.  e.  that  he  was  2,018,229/.  :'3  :  4.  worse  than  nothing.  A 
sum  hardly  credible  I  Appian.  de  tell.  civ.  n.  432.  When  he  first 
entered  Rome  in  the  beginning  of  the  civil  war,  he  took  out  of  the 
treasury  1,095,979/.,  Plin.  xxxiii.  3.  and  brought  into  it,  at  the  end 
of  the  civil  war,  about  4,843,750/.,  (amplius  sexiea  miUies^)  YelL 
ii.  56.  He  is  said  to  have  purchased  the  friendship  of  Curio,  at  the 
beginning  of  the  civil  war,  bv  a  bribe  of  sexcentiea  seiteHium^ 
484,373/.,  Dio.  xl.  60.  Fal.  Max.  ix.  1.6.  Vel.  Pat.  ii.  48.  and  that  of 
the  consul,  L.  Paulus,  the  colleague  of  Marcellus,  A.  U.  704,  by  1500 
talents,  about  279,.500/.,  Appian.  B.  C.  ii.  443.  Plutarch,  in  Cos. 
it  Pomp.  6c  Suet.  Cas.  29.  Of  Curio  Lucan  says.  Hie  vendidit  ur- 
6em,  iv.  ult.  Venali  Curio  lingua^  i.  269.  and  Virgil,  as  it  is  thought, 
Vendidit  hie  auro  patriam^  Mn.  vi.  621.  But  this  Curio  afterwards 
met  with  the  fate  which  as  a  traitor  to  his  country  he  deserved,  be* 
ing  slain  by  Juba  in  Africa,  Dio.  xli.  42.  Lybicas  en  nobile  corpus 
pascit  aves  I  nullo  contectue  Curio  busto^  Ijucan.  iv.  809. 

Antony,  on  the  Ides  of  March,  when  Caesar  was  killed,  owed 
quadringenties^  322,916/.  :  13  :  4,  which  he  paid  before  the  kalends 
of  April,  Cic.  Phil.  ii.  37.  and  squandered  of  the  public  money, 
itstertium  tepties  mUlies^  5,651,041/«, :  13  :  4.  Cic.PkiL  v.  4.  xii.  5. 

Cicero  at  first  charged  Yerres  with  having  plundered  the  Sicilians 
of  sestertium  miUies^  \n  Csecil.  5.  but  afterwards  exacted  only  quad^ 
ringenties^  Actio  in  Verr.  18. 

Apicius  wasted  on  luxurious  living  sexcenties  sestertium,  484,375/. ; 
Seneca  says,  sestertium, miilies  in  culinam  consumpsit^  and  being  at 
last  obliged  to  examine  the  state  of  his  affairs,  found  that  he  had  re* 
roaining  only  sestertium  centies,  80,729/. :  3  :  4 ;  a  sum  which  he 
thought  too  small  to  live  upon,  and  therefore  ended  his  days  by  poi- 
son, Senec.  consol.  ad  Helv.  10»  Martial,  iii.  22.  Dio.  Ivii.  19. 

*  In  the  year  1791,  when  thU  hook  w«i  first  pahlished.  All  tbofS  sums  are  esti- 
aniM  ia  stediof  montj. 


420  ROMAN  ANTIQUITIES. 

FliDy  says,  that  in  his  time  Lollia  Paulina  wore,  in  fuQ  dre»«  jew- 
els  to  the  value  of  quadragies  sestertium,  32,201/.  :  13 : 4,  or  as 
othem  read  the  passage,  quadringentiei  stiUriiunif  322,916/. :  13 :  4. 
Plin.  X.  36.  s.  57. 

Jolius  Ccesar  presented  Servilia,  the  mother  of  M.  Brutus,  with  a 
pearl  worth  sexagies  sestertia^  48,417/. :  10.  Suet.  Cas.  50.  Cleopa- 
tra, at  a  feast  with  Antony,  swallowed  a  pearl  dissolved  in  vinegar 
worth  cerUies  H.  S.  80,729/. :  3  : 4 ;  Plin.  ibid.  Macrob.  Sat.  iL  13. 
Clodius,  the  son  of  ^sopus,  the  tragedian,  swallowed  one  worth  <2e- 
em  8072/. :  18 :  4 ;  Vol.  Max.  ix.  1. 2.  Horat.  Sat.  iL  3.  239.  So 
Caligula,  Suet.  34. 

A  single  dish  of  iEsop's  is  said  to  have  cost  an  hundred  stsitriia^ 
PBn.x.51.  S.72.IXXV.  12. 

Caligula  laid  out  on  a  supper,  centits  H.  S. — 80,729/. :  3 :  4. 
Senec.  nelv.  9.  and  Heliogabalus,  tricite  H.  S. — ^24,218/. :  15.  Lam- 
prid.  27. 

The  ordinary  expense  of  Lucullus  for  a  supper  in  the  hall  of 
Apollo,  was  50,000  drachma,  1614/. :  11 :  8.  Plutarch,  in  LuculL 

Even  persons  of  a  more  sober  character  were  sometimes  very 
expensive.  Cicero  had  a  citron-table,  which  cost  him  H.  S'.  decies  ; 
and  bought  the  house  of  Crassus  with  borrowed  money  for  H.  S. 
XXXV.  i.  e.  tricies  quinquieSf  24,218/. :  15.  Plin.  xiii.  15.  vii.  38.  Ctc. 
Fam.  V.  6. 

This  house  had  first  belonged  to  the  tribune  M.  Livius  Drasus; 
who,  when  the  architect  promised  to  build  it  for  him  in  such  a  man- 
ner that  none  of  his  neighbours  should  overlook  him,  answered, 
^  If  you  have  any  skill,  contrive  it  rather  so  that  all  the  world  may 
**Bee  what  I  am  doing,*"  Veil.  Pat.  ii.  14. 

.    Messala  bought  the  house  of  Autronius  for  H.  8.  ccccxxxvii, 
3527/. :  17 :  3i.  Ctc.  Mt.  i.  13. 

Domitius  estimated  his  house  sexagies  sestertia,  i.  e.  at  48,437/. : 
10.  Val.  Max.  ix.  1.  5.  The  house  of  Clodius  cost  centies  tt  quad^ 
ragies  octies,  119,479/.  Plin.  xxxvi.  15.  s.  24. 

The  fish-pond  of  C.  Herius  was  sold  for  quadragies  H.  S.  32^1/. 
:  13  :  4.  Plin.  ix.  55.  and  the  fish  of  Lucullus  for  the  same  sum, 
Ibid.  54. 

The  house-rent  of  middling  people  in  the  time  of  Julius  Caesar, 
is  supposed  to  have  been  bina  tnillia  yitimmtcm,  16/.  :  2  :  11.  from 
Suet.  C(Bs.  38.  That  of  Calius  was  xxx  millia  numtnim,  242/. :  3 : 9. 
and  thought  hieh,  Ctc.  C^bI.  7. 

The  value  of  houses  in  Rome  rose  greatly  in  a  few  years.  The 
house  of  M anus,  which  was  bought  by  Cornelia  for  7i  myriads  of 
drachma,  2421/. :  17  :  6.  was  notJong  after. purchased  by  Lucullus 
for  50  myriads,  and  200  drachma,  16,152/. :  5  :  10.  PltOarch.  in 
Mario. 

The  house  of  Lepidus,  which  in  the  time  of  his  consulship,  was 
reckoned  one  of  the  finest  in  Rome,  in  the  space  of  35  years  was 
not  in  the  hundredth  rank,  {centesimim  locum  non  obtinuit,)  Plin. 
xxxvi.  15.  s.  24. 


THE  INTEREST  OF  MONET.  4St% 

The  viUa  of  M.  Scaunu  being  burnt  by  the  malice  of  his  davea^ 
he  kMt  H.  a  nuUu*,  8074291/. :  13  :  4.  ibid. 

The  golden  house  {aurta  dotnus)  of  Nero  must  have  cost  an  im^ 
mense  sum,  since  Otho  laid  out  in  finishing  a  part  of  it  outn^ <nttw 
H.  8. 40a,645/. :  16  : 8.  Ptin.  ibid. 

Tk€  INTEREST  of  MONEY. 

Tbb  interest  of  money  was  called  FCENU8,  vel/enttf  ;  orlJSU* 
RA, /nichtfy  mtrces^  yel  impendium;  the  capital,  CAPUT  or  so^} 
also  FcBifvs,  which  is  put  for  the  principal  as  well  as  the  interest, 
TacU.  Jinn.  vi.  17.  Cic.  Alt.  i.  18.  v.  21.  vi.  1.  2. 

When  one  AS  was  paid  monthly  for  the  use  of  a  hundred,  it  was 
called  USURA  CJBNTESIMA,  because  in  an  hundred  molktbs  the 
interest  equalled  the  capital ;  or  asses  usuilb.  This  we  call^lS 
per  ctnL  per  annvniy  as  Pliny,  daodtnis  assibus  debere  vel  muluarif 
JBp.  z.  62.  ▼.  55.  centesimaa  computare^  Id.  ix.  28.  which  was  usual* 
ly  the  legal  interest  at  Rome,  at  least  towards  the  end  of  the  Re^ 
public  and  under  the  first  emperors.  Sometimes  the  double  of  this 
was  exacted,  biwB  centesinue,  24  per  cent,  and  even  48  per  cent  queh 
tema  ceniesinuBy  Cic  Yerr.  iii.  70.  Att.  tl  2.  Horace  mentions  one 
who  demanded  60  per  cent. ;  Quinas  hie  capUi  mercedes  exsecat ;  i.  e. 
quinivplices  usuras  exigit^  vel  qtdnis  ceniesimis  fasnerat^  Sat.  i.  2.  14^ 

When  the  interest  at  the  end  of  the  year  was  added  to  the  capi- 
tal,  and  likewise  yielded  interest,  it  was  called  Ctnitsima  renovakBp 
Cic  Ibid,  or  ANATOCISMUS  anniversarius^  compound  interest. 
Id.  V.  21.  if  not,  centesima  ptrpttucB;  or  f anus  perptiuam^  Ibid. 

UscRS  semisses^  six  per  cent. ;  trienteSf  four  per  cent. ;  quadrant 
tts,  three  per  cent ;  besses^  eight  per  cent  <$^r.  Cic  Att  iv.  15.  Pers. 
V.  149.  usurm  Ugtiima  vel  liciUBy  legal  interest ;  iUiciUB  vel  illegim 
tinuBf  illegal,  Digest,  et  Suet.  Aug.  39. 

UsuRA  IS  commonly  used  in  the  plural,  and  Focnus  in  the  singu- 
lar. 

The  interest  permitted  by  the  12  tables  was  only  one  per  cent 
F<Biii7S  UNciARiuif  vel  uNX^iiE  USURA,  Tacit*  Ann.  vi.  16.  (See 
Lex  DoiLiA  Mania,)  which  some  make  the  same  with  ti«ura  cente^ 
nma;  reduced  A.  U.  408,  to  one  half,  F<enus  Ssmunciarium,  Id. 
et  Liv.  vii.  27.  but  these,  and  other  regulations,  were  eluded  by  the 
art  of  the  usurers,  {Faneratores^)  Cic  Att.  vi.  1.  Off.  ii.  24  &  25.  Sal. 
Cat.  33.  Liv.  viii.  28.  xxxv.  7.  41.  After  the  death  of  Antony  and 
Cleopatra,  A.^.  795.  the  interest  of  money  at  Rome  fell  from  12 
to  4  per  cent  Dio.  Ii.  21. 

Professed  bankers  or  money  lenders  were  also  called  Mensaru 
vel  TrapezitcB^  Argent arii,  Numhularu,  vel  CoUybista^  Liv.  vii.  21. 
Suet  Aug.  2.  3.  4  Cic.  Place  19.  sometimes  appointed  by  the  pub- 
lic, Liv.,  xxiii.  21. 

A  person  who  laid  out  money  at  interest  was  said  Pecuniam  a/tetii, 
V.  apud  aliquem  occware^  Cic.  Place  21.  Terr.  i.  36.  ponere^  colbh 
care,  &c  when  he  called  it  in,  relegere^  Horat  Epod.  2.  ult 


A 


4aS  SOMAN  AlfnQVITIES. 

The  BomiM  oommooly  paid  money  by  tbe  mterrenlioB  of  a 
banker*  Cic.  CcBcin.  6.  {infarof  ti  de  menta  scriplura^  magi*  qumm  tm 
arcademoqiUt  vel  cUta  ptcunia  numerabahtr^  Donat  in  Ten  Adelph. 
iL  4. 13.)  whose  account  books  of  debtor  and  crediUMr*  {Tabutm  vei 
codices  accqi^ti  et  expensi  ;  tnensa  rationes^)  were  kept  with  ^rest 
care,  Ibid*  hence  Acctpium  rtftrrt,  Cic.  and  among  later  wnters, 
0ccq>ium/trre9  to  mark  on  the  debtor  side,  aa  receivra ;  Accbftila- 
T1O9  a  form  of  freeing  one  from  an  obligation  without  payment ; 
Expcmumferre^  to  mark  down  on  the  Creditor  aide,  aa  paid  or  g^iveii 
awiay ;  Expenri  latio^  the  act  of  doing  so ;  Ratio  acce^ti  aigue  emenoi 
inter  noi  convenit^  our  accounts  agree,  Plants  Most,  u  3. 146.  in  ro- 
iionem  inducere  vel  m  tabulis  ratiorum  scribere^  to  stato  an  accoaat« 
Cic  Verr.  i.  42.  And  because  this  was  done  by  writing  down  the 
sum  and  subscribing  tbe  person's  name  in  the  banl^r's  book; 
hence  ecribtrt  nummos  alictd^  i.  e.  it  per  ecriotum  v.  chir^raphum 
oUigare  vt  solvate  to  promise  topay,  rlauL  Asin.  ii.  4.  34.  raiionBm 
accepti  ecribere.  to  borrow,  Id,  True.  iv.  3.  36.  retcribere^  to  pay,  or 
to  pay  back  what  one  has  receiyed,  Ter.  Phorm.  y.  7.  ii)9.  norai. 
Sat.  ii.  3.  76.  »o  persaribere^  to  order  to  pay,  Ter.  Phorm.  y.  7.  90. 
Cie*  Att»  ix.  13.  fiacc  19<  whence  perscsiptio,  an  assignment  or 
an  order  on  a  banker,  Cic.  Orat.  L  58.  Ait.  iv.  ult.  Phil.  y.  4.  Ftaec 
3a  Att.  xil  51.  Hence  also  NOMEN  is  put  for  a  debt,  for  tbe 
cause  of  a  debt,  or  for  an  article  of  an  account*  NOMINAyacere, 
to  contract  debt,  Senec  ben.  i.  I.  to  give  security  for  payment!!  by 
aubacribing  the  sum  in  a  banker's  books,  Cic.  Off.  tii.  14.  or  to  ac* 
^pt  such  security,  Cic.  Fain.  vii.  23.  exigere^  to  demand  paymeat, 
Ctc.  Verr.  u  10.  So  apptllare  de  nomine,  Att  v.  39.  diitohere,  to 
dischaive,  to  p^,  Id.  Plane.  28.  solvere,  Att.  vL  2.  expvmgere,  Plaut. 
Cist  i.  3.  41.  Explicare,  Att  13.  29.  Expedire,  16.  6.  TranscHbero 
nomina  in  aUoSs  to  lend  money  in  the  name  of  others,  Liv.  35.  7. 
Pecunia  ei  est  in  nominibus,  is.  on  loan,  Cic.  Verr.  v.  7.  Top.  3.  in 
codicis  extrema  cera  nomtn  infimum  injlagitiosa  titura,  the  last  arti- 
cle at  the  bottom  of  the  page  shamefully  blotted,  Cic.  Verr.  i.  36u 
Rationum  nomina,  articles  of  accounts,  lb.  30.  In  tabuUts  nonun  re* 
ferre,  to  enter  a  sum  received,  MuUis  Verri  nominibus  acceptum 
referre,  to  mark  down  on  the  debtor  side  many  articles  or  sums  r^ 
ceived  from  Yerres,  JM</.  Hinc  ratio  cum  CurtHsfmidtis  nominibus^ 

Juorum  in  tabulis  iste  habet  nullum,  i.  e.  Curtiis  nihil  expensum  tuUi 
^erreSf  Ibid.  Hence  Cicero,  pleading  against  Yerres,  often  aaya, 
RaciTA  NOmsTA,  i«  e,  res,  personas,  causas,  in  guas  Ule  out  gtubus  ess* 
pensum  tulit,  the  accounts,  or  the  different  articles  of  an  account  As* 
con.  Certis  nominibus  pecuniam  debere,  on  certain  accounts,  Cic* 
Quinct.  1 1 .  .ATofi  refer i  parva  nomina  in  codices,  small  sums,  Cic.  Rose. 
Com.  1.  Mollis  nominibus  versuram  ab  aliguofacere,  to  borrow  many 
sums  to  pay  another,  Cic.  Verr.  ii.  76.  rermulta  nomina,  many  ar- 
ticles, lb.  5. — Likewise  for  a  debtor  ;  Ego  bonum  nomen  existisnor^ 
a  good  debtor,  one  to  be  trusted,  Cic.  Fam.  v.  6.  C^ima  nomisut  non 
appellandojiunt  mala,  Colum.  1.  7.  Bom  nomine  centesimis  contesUus 
orat^  non  bono  guaternas  contesisnas  «pera6ai,  12  per  cent  fixwi  a  good 


MEASURES  OF  LENGTH,  6cc. 

debtor^  48  from  a  bad,  Cic.  Att.  ▼«  31.  Nmnina  nciatw  iirtnwm^  i.  e. 
til  dMiwrtBfadai  vtnaiwr^  leeks  to  lend  to  minorsy  a  thing  forbidtha 
by  law,  Horat.  SaL  k  2. 16.  CmUo$  nondnibtii  certis  expenden  nun^ 
f$ios^  i.  e.  ntb  chirographo  bonis  namimbus  vel  debitorUnts  dare^  to  lend 
on  security  to  good  debtors.  Id.  Ep.  ii.  1. 105.  Locare  nomen  ipansu 
mgnvbOf  to4)ecoiiie  surety  with  an  intention  to  deceive,  Photdr.  i  Ifl* 
As  the  interest  of  money  was  usaally  paid  on  the  Kalends,  henea 
called  TRisTBS,  HoraL  SaL  i.  3.  87.  and  cilbrbs,  Ovid,  renud* 
Amor.  561.  a  book  in  which  the  sums  to  be  demanded  were  maifcedt 
was  called  CALENDARIUM,  Soiec.  btntf.  i.  2.  vu.  10.  Ep.  14  87. 

ROMAK  MEASURES  of  LENGTH,  4rc. 

Thb  Romans  measured  length  or  distance  by  feet,  cubits,  paces, 
stadkij  and  miles. 

The  Romans,  as  other  nations,  derived  the  names  of  measure 
chiefly  from  the  parts  of  the  human  body  ;  DIGITUS,  a  diffit,  or 
inaer^s  breadth  ;  Pollex,  a  thumb's  breadth,  an  inch  ;  PALflfUS, 
an  nand's  breadth,  a  palm  equal  to  f=)  4  digUi  or  3  inches ;  PES, 
a  foot,  <=  16  digits  or  12  inches  ;  Palmipbs,  a  foot  and  mi  hand 
breadth  ;  CUBITUS,  a  ctifrtt,  from  the  tip  of  the  elbow,  bent  in- 
wards,  to  the  extremity  of  the  middle  finger,  =*  If  foot,  the  fourth 
part  of  a  well-proportioned  man's  stature  ;  PASSUS,  a  pace,  as  5 
feet,  including  a  double  step,  or  the  space  from  the  place  where  the 
foot  is  taken  up  to  that  where  it  is  set  down,  the  double  of  an  ordi- 
Mory  pace,  gradu$  vel  gresMus.  A  pole  ten  feet  long  {dectmpUa) 
vras  called  rEancA,  a  perch  (quasi  Portica,  a  portando.)  The  Ei^« 
lish  perch  or  pole  is  16f  feet. — Un&periicA  iraetarsj  to  measure 
with  the  same  ell,  to  treat  in  the  same  manner,  Plin.  Ep.  8.  2. 

Each  foot  (PES)  was  divided  into  4  pa/mt,  or  hand-breadths  : 
VipMicts^  or  thtunb-breadths,  and  \6  digiti,  or  finger- breadths  ! 
Each  digitus  was  supposed  equal  to  4  barley-corns,  {hordei  grana^ 
Frontin.  de  Aqusd.  i.  2.  ^ut  the  English  made  their  inch  only 
three  barley-corns. 

The  foot  was  also  divided  into  12  parts,  denominated  from  the 
divisions  of  the  Roman  as  ;  thus,  dodrans,  vel  sp/lthama,  dpoliees, 
or  uneuB^  inches,  ^uet  Aug,  79.  Plin.  vii.  2. 

A  cubit  (CUBITUS,  v.  -urn)  was  equal  to  a  foot  and  a  half  (^ei* 
quipes,)  2  spithanuB,  6  palmi,  18  pollices^  or  24  digiti.  PASSUS,  t 
pace,  was  reckoned  equal  to  5  feet ;  Plin.  ii.  23.  1S5.  Passus  of 
625  feet  made  a  STADIUM  or  furlong ;  and  8  Stadia  or  1000  pace^ 
er  5000  feet,  a  mile,  (MILLIARIUM,  vel  -re  ;  vel  MILLE,  sc  pas^ 
susj  V.  passuum  ;  Cic.  Ceecin.  10.  Att.  iii.  4.  Cell.  i.  16.) 

The  Greeks  and  Persians  called  30  stadia  parasanoa  ;  and  2  pa« 
rasangs,  Schocnos,  Herodot.  ii.  16.  but  others  differ,  Plin.  v.  10. 
xii.  14. 

The  Roman  acre  ( JU6ERUM,)  contained  240  feet  in  length,  and 
120  in  breadth  ;  that  is,  28,800  square  feet,  Quinetit.  i.  10.  4S.  Farr. 
R.  R.  i.  10.  1.  PHn.  iviiL  3.  4^ 


4S4  ROMAN  ANTIQUITIES. 

The  half  of  an  acre  was  ci^Hed  actus  qoadratdSi  conristing  of 
laO  feet  square  ;  (ACTUS,  in  quo  boves  aff^rentur  cum  arairo  una 
impetujuslo  Yel  protelq^  i.  e.  uno  tractu  v^  Unore^  at  one  stretch, 
without  stopping  or  turning,  Plin.  xviii.  3.  IDanaL  in  Ter.  Phorm, 
1.  3.  36.  noti  striganits^  without  resting,  Plin,  id.  19.  s.  49.  Senec, 
y.  31.  Phadr.  iii.  6.  9.  Actus  quadratus  vnDiw^Jimiur  pedibus 
cxx»  Hoc  duplicaiumfadtt  jugerum,  el  abtOf  qudd  erat  juifcroif, 
nomenjt^eri  usurpavit,  Gol.  v,  1.  5.  Jugum  vocabcUur^quddunojugo 
koum  in  die  txarari  posset^  Plin.  &;  Varr.  Ibid* 

An  English  acre  contains  40  perches  or  poles,  or  660  feet  in  length, 
and  four  poles  or  66  feet  in  breadth.  The  Scots  acre  is  somewhat 
more  than  one-fifth  larger. 

The  Jugerum  was  divided  into  the  same  parts  as- an  as  ;  hence 
uncia  agri,  the  12th  part  of  an  acre,  Varr.  de  R.  R.  L  10. 

ROMA J^ MEASURES  of  CAPACITY. 

• 

Ths  measure  of  capacity  most  frequently  mentioned  by  Roman 
authors,  is  the  AMPHORA,  {tx  aH>«  et  9«fw,  quod  vat  gw  mensurtB 
utrinque  ferretur,  duabus  ansis,)  called  also  quadr antai.,  or  cadus, 
and  by  the  Greeks  metreta  or  ceramttcm,  a  cubic  foot,  contfunii^  2 
tinuv,  3  modti,  8  congii^  48  sextant,  and  96  Aemtms,  or  cotyla.  But 
the  Attic  amphora,  (xa(5o(,  or  metreta,)  contained  2  umce,  and  72  sex^ 
iarU.  • 

The  amphora  was  nearly  equal  to  9  gallons  English,  and  the  sex* 
tonus  to  one  pint  and  a  half  English,  or  one  mutchkin  and  a  half 
Scots. 

A  sextarius  contained  2  hemincB,  4  quartarii,  8  acetabtdaf  and  12 
^athi,  which  were  denominated  from  the  parts  of  the  Roman  as  ; 
thus,  calices  or  cups  were  called  stxtanUs,  ouadrantes,  irientes,  &c. 
aocording  to  the  number  of  cyathi  which  tney  contained.  See  p. 
383. 

A  tyathus  was  as  much  as  one  could  easily  swallow  at  once.  It 
contained  4  ligula,  vel  lingulcB,  or  cochlearia,  spoonfuls,  Columel. 
xA.  21.  Plin.  XX.  5.  Martial,  xir.  120. 

CONGIUS,  the  eighth  of  an  amphora,  was  equal  to  a  cubic  half 
foot,  or  to  six  sextarii.  This  measure  of  oil  or  wine,  used  anciently 
to  be  distributed  by  the  magistrates  or  leading  men  among  the  peo- 
ple, Uv.  XXV.  2.  Plin.  xiv.  14.  Hence  CONGIARIUM,  a  gratui- 
ty or  laigess  of  money,  corn^  or  oil,  given  to  the  people.  Lie.  xxxvii. 
57.  Cic.  Phil.  u.  45.  Suet.  Gas.  38.  chiefly  by  the  emperors,  Tadt. 
Annal.  xiii.  31.  Suet.  Cces.  27.  Aug.  4Sl.  Tib.  20.  Dom.  4.  or  pri- 
vately to  an  individual,  Cic.  Fam.  viii.  l.  Att.  x.  7.  Suet.  Vesp.  18. 

A  gratuity  to  the  soldiers  was  called  DONATIVUM,  Suet.  CaL 
46.  Jser.  7.  Plin.  paneg.  25.  Tacit.  Ann.  xii,  41.  sometimes  also  cow* 
oiARiUM,  Cic.  Att.  xvi.  8.  Curt.  vi.  2. 

The  congimia  of  Augustus,  from  then-  smallness,  used  to  be  caDed 
HsMiifARiA,  Quinctil.  vi.  4. 

The  weight  of  rain  water  contained  in  an  any^hora,  was  89  Ro- 


METHOD  OP  WRITING.  425 

man  pounds,  in  a  congiua^  10  poands,  and  in  a  nxtarius^  1  pound  8 
ounces. 

The  greatest  measure  of  things  liquid  among  the  Romans,  *waf 
the  CULiEUS,  containing  20  amphora. 

Pliny  says  the  ager  (ABcubus  usually  yielded  7  culei  of  wine  an 
acre,  i.  e.  143  eallons  3j  pints  English,  worth  at  the  vineyard  300 
nummi,  or  75  aenariif  each  culeus,  i.  e.  2/ :  8  :  5^,  about  a  halfpenny 
of  the  English  pint,  Plin.  xiv.  4.  ColumelL  iii.  3. 

MODI  US  was  the  chief  measure  for  things  dry,  the  third  part  of 
a 'cubic' foot,  somewhat  more  than  a  peck  English.  Amodius  of 
Gallic  wheat  weighed  about  20  libra^  Plin.  xviii.  7.  Five  modii  of 
wheat  used  to  be  sown  in  an  acre :  six  of  barley  and  beans,  and  three 
of  pease,  lb.  24.  Six  modii  were  called  MEDIMNUS,  vel  -tim,  an 
Attic  measure,  J^ep.  Attic.  2.  Cic.  Vtrr.  iii.  45.  47.  49.  &c. 

ROMAN  METHOD  of  WRITING. 

Mbn  in  a  savage  state  have  always  been  found  ignorant  of  alpha- 
betic characters.  The  knowledge  of  writing  is  a  constant  mark  of 
civilization. 

The  first  attempt  towards  the  representation  of  thought,  was  the 
painting  of  objects.  Thus,  to  represent  a  murder,  the  %ure  of  one 
man  was  drawn  stretched  on  the  ground,  and  of  another  with  a  dead- 
ly weapon  standing  over  him.  When  the  Spaniards  first  arrived  in 
Mexico,  the  inhabitants  gave  notice  of  it  to  tneir  emperor  Montezu- 
ma, by  sending  him  a  large  cloth,  on  which  was.painted  everything 
they  had  seen. 

The  Egyptians  firsit  contrived  certain  signs  or  symbols,  called 
Hieroglyphics,  (from  !«|o<w,  sacred,  and  /Xuw,  to  carve,)  whereby  they 
represented  several  things  by  one  figure. 

The  Egyptians  and  rhcenicians  contended  about  the  honour  of 
having  invented  letters.  Tacit.  Ann.  «i.  14.  Plin.  vii.  56.  Lucan.  iii. 
220. 

Cadmus,  the  Phoenician,  first  introduced  letters  into  Greece  near 
1500  years  before  Christ,  Herodot.  v.  58.  then  only  sixteen  in  num- 
ber, a,  /3,  y,  6,  f ,  i,  x,  X,  fi.,  v,  o,  *,  f ,  $,  r,  v.*    To  these  four  were  add- 

*  The  original  Latin  letters  were  the  same  io  number ;  that  is  to  say,  A,  B, 
C,  D,  £,  I,  K,  L,  M,  N.  O,  P,  R,  S,  T,  V,  unless  H,  which  is  more  properly  consi- 
dertsd  an  aspirate,  be  added  as  a  letter  to  this  number.  **  The  tetter  C  stands  in  the 
place  of  the  Greek  and  Hebrew  G,  and  was  anciently  pronounced  like  it,  and  used 
for  it.  It  is  certain,  that  the  old  Latins  bad  not  a  G  in  their  alphabet.  Therefore 
Ausonids  says  that  C  supplied  the  place  of  G.  Plutarch  says  that  Carvilius  Spu- 
rius  first  used  the  letter  G.  He  was  consul  in  the  year  before  Christ  293  :  or,  if  it 
was  the  last  Carvilius  Spurius,  he  was  consul  in  the  ypar  before  Christ  228.  Whilst 
C  wa(  used  for  G,  K  continued  in  the  old  Roman  alphabet :  but  after  G  was  added, 
C  became  generally  used  for  K,  and  then  K  was  thought  a  superfluous  letter. 

Donatus  reckons  the  V  an  original  Latin  letter  :  and  Sergius  the  Grammarian,  in 
his  commentary  on  Donatus,  observes,  that  Donatus  said  the  Latin  I  and  V  were 
sometimes  vowels  and  sometimes  consonants,  and  were  consonants  when  tbcv 
were  set  either  before  themselves  or  other  vowels.  Aristotle  and  Pliny  agree  with 
Donatus,  that  V  was  a  most  ancient  and  a  Cadmean  letter.  A  learned  author  er- 
roneoubly  denies  this,  and  strikes  it  ont  of  the  old  alphabet.    And  though  the  Latin 

54 


496  ROMAN  ANTIQUITIES. 

ed  by  Palamedea,  in  the  time  of  the  Trojan  war*  ^ftt^Xr  <^  f<'^v 
afterwards  by  Sinionides,  f,  f|,  4/,  cj,*  Pltn.  vii.  56.  8.  57.  Hygm^fab^ 
277. 

GrammariaDt  agree  that  the  £otio  Digamma  was  pronounced  like  the  Latin  cpK- 
fonaat  V,  yetlhere  seems  to  haye  been  some  difference^  becaose  the  .Aolic  Digam- 
ma  may  be  left  oat  w  anv  Greek  word,  and  the  word  continoe  entire,  Ihoagh  the 
pronanctation  will  not  be  the  same  as  with  it :  but  in  most  words  the  Latin  V 
consonant  cannot  be  left  out :  so  the  iEolic  Digamma  was  a  sound  different  from 
that  of  the  English  V  consonant,  and  the  same  with  that  of  W.  Whether  the  La- 
tins, who  had  no  Vf,  pronoanoed  their  consonant  V  like  it,  will  be  considered.  The 
Latins,  in  most  ancient  times,  as  appears  from  the  Etrurian  alphabet,  had  no  soond 
for  their  V  but  that  of  the  vowel ;  it  stood  in  the  same  order  of  place  with  the 
Greek  T,  and  was  made  from  it  by  cutting  off*  the  lower  straight  line,  as  Marias  Yic- 
torinus  rightly  observes.  Thev  used  the  iEolie  Digamma  CO  eipress  the  aooad  of 
the  V  consonant,  as  ^(«m,  Fvrgo^  for  Votwn^  ^*'^'  ^"^  when  they  used  V  for  a 
consonant  as  well  as  a  vowel,  they  laid  aside  the  iEolic  Digamma ;  and  afterwanfa 
it  became  an  F,  or  the  P  aspirated,  and  answering  to  the  Greek  ♦,  or  Pk, 

The  H  was  an  original  Cadmean  and  Pelasgic  letter,  which  the  Ionics  and  Attiee 
received  with'  the  Phoniolan  dphabet,  as  did  also  the  Etrurians  and  ancient  Laiias 
from  the  Pelasgi.  But  it  was  disputed  amongst  the  grammarians  whether  it  should 
be  accounted  in  the  number  of  the  letters,  or  be  esteemed  a  mere  note  of  aspiratloB. 
Varro  thought  it  was  not  a  letter,  and  many  Grammarians  followed  his  opinioa,  and 
thought  it  was  only  a  sign  or  mark  of  aspiration,  and  was  formed  out  of  the  two 
marks  of  the  aspirate  and  lene  vowels  of  toe  Greeks,  vis.  h  -I  joined  together.  But 
these  Grammarians  were  quite  mistaken  as  to  the  original  of  the  Latin  H.  It  waa 
derived  from  the  Phcenieian  add  Ionic  II,  and  was  many  ages  older  than  the  Gieek 
aspirate  and  lene  marks,  which  were  not  used  till  after  they  nad  disused  the  H  :  and 
they  were  a  corruption  of  the  original  letter  H,  which  the  Greeks  divided  into  two 
parts,  to  denote  vowels  which  were  aspirated  or  not.  And  this  was  owing  to  the 
reception  of  the  Eta  or  long  E  of  Simonides,  which  was  In  the  form  of  the  old  U  ; 
and  I  hen  they  used  half  of  the  H  P,  to  supply  its  place,  and  to  preserve  the  power 
of  it :  and  that  it  might  not  be  confounded  with  the  H  or  long  E  of  Simonides,  they 
laid  the  H  aside,  and  placed  the  half  pointing  to  the  right  hand  h,  before  the  aspi- 
rated vowels.  This  appears  in  several  old  inscriptions.  So  that  the  learned  Aldot 
Manutius  b  greatly  mistaken  in  his  observation,  at  the  end  of  the  old  Bvaantine 
grammarian  Constantine  Lascaris,  that  the  Latins  borrowed  the  form  ot  their  H 
from  the  conjunction  of  the  aspirate  and  lene  marks  of  the  Greelm.  He  took  thb 
opinion  from  Sergius ;  but  it  is  certain  that  the  Latin  U  was  far  older  than  tbeaa 
marks  of  the  Greeks,  which  were  not  used  till  after  the  time  of  Simonides :  and  the 
Latins  used  them  as  well  as  the  Greeks,  though  they  preferred  the  old  U. 

Isidore  observes,  that  neither  the  Greeks  nor  Hebrews  have  the  letter  Ct ;  and  that 
it  is  not  used  in  any  language  but  the  Latin  :  and  that  the  ancients  always  eipreaaad 
it  by  C.  Concerning  the  letters  X,  Y,  Z,  he  says  the  same  with  Peter  Diaoonos. 
Bat  they  are  both  of  them  mistaken  with  respect  to  the  letter  X,  which  was  used  in 
pnblic  inscriptions  long  before  the  age  of  Augustus.  In  the  Dnilian  pillar,  inscrib- 
ed in  the  year  of  Rome  494,  and  in  the  year  269  before  the  Christian  era,  we  resi^ 
BisMKT.  MAziMos.  ExrooiVNT.  The  Y  also  was  used  before  the  reign  of  Augustas^ 
as  I  shpwed  from  Cicero,  though  probably  it  was  not  much  older.  Diomedes  saya, 
that  before  the  invention  of  the  letter  X,  the  ancients  wrote  G  and  S,  or  C  and  S, 
instead  of  it.  Priscian  says,  X  was  the  last  Greek  letter  taken  into  Latin  words  : 
it  was  called  /x,  not  £z,  because  in  the  Greek  alphabet  it  ended  in  t,  and  was  caUed 
Xi :  before  the  use  of  it  the  Latins  wrote  CS  or  GS  instead  of  it" 

JaekmCB  Aniiq. — Ed. 

«  The  Latins  bad  their  letters  from  the  Greeks  before  the  Greeks  had  any  doable 
letters,  or  had  found  out  their  long  vowels  H  and  a.  So  all  the  vowels  amongst  the 
Latins  continued  to  be  ambigupus,  either  long  or  short,  without  distinction,  for  many 
ages.  And  though  the  Greeks  had  invented. a  long  K,  via.  H,  and  long  o,  tIb.  JL 
which  was  done  by  Simonides,  who  formed  them  by  only  doubling  the  K  and  O,  aiid 
joining  two  together,  as  H  and  o-o  :  yet  thev  never  thought  of  dutmguishing  in  writ- 
ing the  long  and  the  short  A,  I,  r,  which  always  remained  of  ambiguous  quantity 
in  themselves  ;  and  their  quantity  in  particular  words  was  known  and  fixed  by  use 
of  speakine  onl^.  But  tlie  Latins  in  time  distinguished  their  long  from  their  short 
Towelsby  doubling  the  vowels  when  long,  or  writing  AA,  EE.  etc.  to  denote  the  longA 
or  long  E.  Alter  ward,  to  save  the  trouble  of  writing  double  vowels,  they  put  a  small 


METHOD  OP  WMTINO-  427 

Letters  were  brought  into  Latium  by  Evander  from  Greece,  Ibid. 
&  Iav.  i.  7.  The  L^tin  letters  at,  first  were  nearly  of  the  same 
form  with  the  Greek,  Tacii.  ibid.  Plin.  vii.  58. 

Some  nations  ranged  their  letters  perpendicularly,  from  the  top 
to  the  bottom  of  the  page,  but  most  horizontally.*  Some  from  the 
right  to  left,  as  the  Hebrews,  Assyrians,  d&c.  Some  from  right  to 
left,  and  from  left  to  right,  alternately,  like  cattle  ploughing,  as  the 
ancient  Greeks ;  hence  this  manner  of  writing  was  called  jSsifrf  (npij^^v. 
But  most,  as  we  do,  from  left  to  right 

The  most  ancient  materials  for  writing,  were  stones  and  bricks, 
Joseph.  Ant.  Jud.  1.  4.  Tacit.  Ann.  ii.  60.  Lucan.  iii.  223.  Thus, 
the  decalogue,  or  ten  commandments,  Exod.  xxxiv.  1.  and  the  laws 
of  Moses,  Deut.  xxvii.  8.  Joa.  viii.  32. — then  plates  of  brass,  Liv. 
iiL  57.  Tacit.  Ann.  iv.  43.  or  of  lead,  Plin.  xiii.  11.  s.  21.  Job.  xix. 
S4.  and  wooden  tablets,  haiah.  xxx.  8.  Horat.  art.  p.  399.  GelL  ii. 
13.  On  these,  all  public  acts  and  monuments  were  preserved,  Cic. 
Font.  14.  £av.  vi.  20.- Plin.  pan.  54.  Horat.  od.  iv.  8.  13.  As  the 
art  of  writing  was  little  known,  and  rarely  practised,  it  behoved  the 
materials  to  be  durable.  Capital  letters  only  were  used,  as  appears 
from  ancient  marbles  and  corns. 

The  materials  first  used  in  common  for  writing,  were  the  leaves 
or  inner  bark  {liber)  of  trees  ;  whence  leaves  of  paper  {charttB^folia^ 
vel  plagulm)^  and  LIBER,  a  book.  The  leaves  of  trees  are  still 
used  for  writing  by  several  nations  of  India.  Afterwards  linen,  Liv. 
iy.  7.  13.  20.  and  tables  covered  with  wax  were  used.  About  the 
time  of  Alexander  the  Great,  paper  first  began  to  be  manufactured 
from  an  Egyptian  plant  or  reed  called  PAPYRUS,  vel  -tim,  whence 
cm*  word  paper  ;  or  BIBLOS,  whence  jBi/SXo^,  a  book. 

The  Papyrus  was  about  ten  cubits  high,  and  had  several  coats  or 
skins  above  one  another,  like  an  onion,  which  they  separated  with  a 
needle.    One  of  these  membranes  {philyra^  vel  schedct),  was  spread 

line  over  those  wbieb  were  proDoonoed  long;  as,  A,  E,  O,  V.  Tbe^  distinguished 
the  I  by  lengthening  the  form  of  it  when  it  was  long :  so  a  short  i  was  wrote  less  than 
a  long  I.  Concerning  the  small  lines  drawn  over  vowels,  Q^intilian  observes,  (hat 
It  was  safficlent  to  write  them  only  over  syllables  of  words  which  were  ambiguous, 
and  to  distinguish  the  sense  of  some  words  from  others  which  consist  of  the  same 
letters,  (as  vtnit  and  vemU ;  ttgit  and  t^t ;)  as  also  the  ablative  cases  of  words 
whose  last  syllable  is  long,  when  that  of  the  nominative  case  is  short  The  doubled 
letters  are  found  in  ancient  manuscripts  and  coins,  as  Vajlrvs  for  Varts  ;  and  mehk 
for  MB;  so  in  ancient  coins  tl^  long  E  is  eipressed  by  doubling  it ;  as,  sssdbs  for 
sBDBs;  FEBLix  for  FBLix ;  Bud  we  find  the  doubled  V  to  express  the  long  one  in  the 
brass  Fulvian  table  :  p.  awcio  cos.  for  mvcio.  and  ivvs^t  tor  ivsq:  and  in  Cnnius 
we  read,  mufiadmus  anie  Jbutiasi,  where  the  short  V  is  made  long  by  being  doubled. 
Fmmssei,  MmMBrU,  fumarit.  Lucretius  has>Itaitia;  and  Lucilius  wrote  (utiil,  etc. 
These  examples  shew  that  the  ancient  Latins,  to  express  a  long  V,  or  to  render  a 
•hort  one  long,  doubled  it.  They  also  nsed  the  double  V  to  express  the  sound  of  the 
Greek  diphthong  o«:  and  Victorinus  says,  the  Latins  added  O  to  V  to  express  the 
long  V.  Ennius  has  /onrs  for  lure,  in  his  Annals;  and  in  an  ancient  decree  of  (he 
Roman  senate,  in  the  year  of  Rome  368,  we  read  Indoucebamua  for  Inducebamus.^* 

Jdckton's  Antiq. — Ed. 
*  '*  This  way  of  writing  (which  the  Chinese  are  known  to  use)  was  called  by  the 
Greeks  Taepoeon,  as  the  present  reading  is  in  PanlusDiaconus  and  Pompejus  Fes- 
lus;  and  in  this  way  they  wrote  from  the  right  hand  lo  the  left,  as  the  Chinese  do." 

Jackson^s  Antiq.-^KB,  ^ 


A 


428  ROMAN  ANTIQUITIES. 

on  a  table  longwiset  and  another  placed  above  it  across.  The  one 
was  called  a  stamen^  and  the  other  subtemen^  as  the  warp  and  the 
200^  in  a  web.  Being  moistened  with  the  muddy  water  of  the  Nile» 
which  served  instead  of  glile,  they  were  put  under  a  press,  and  after 
that  dried  in  the  sun.  Then  these  sheets,  (plagula^  vel  schediB^) 
thus  prepared  were  joined  together,  end  to  end,  but  never  more 
than  twenty  in  what  was  called  one  8CAPU8,  or  roll,  Plin.  xiii. 
11.  s.  21. 

The  sheets  were  of  different  size  and  quality. 

Paper  was  smoothed  with  a  shell,  or  the  tooth  of  a  boar,  or  aoroe 
other  animal :  hence  charta  dentcUa^  smooth,  polished,  Cic.  Q.fr.  \u 
15.  The  finest  paper  was  called  at  Rome,  after  Augustus,  Augusta 
regja  ;  the  next  Liviana  ;  the  third  HisaATiCA,  which  used  ancient- 
ly to  be  the  name  of  the  finest  kind,  being  appropriated  to  the  sa- 
cred volumes.  The  emjperor  Claudius  introduced  some  alteration, 
so  that  the  finest  paper  after  him  was  called  Claudia.  The  inferior 
kinds  were  called  Amphiihtatrica^  Saitica^  Leneoticay  from,  places  in 
JEgypi  where  paper  was  made ;  and  Fanniana  from  Fannius,  wbo 
had  a  noted  manufactory  (officfna)  for  dressing  Egyptian  paper  at 
Rome,  Plin.  ib. 

Paper  whi<iT  served  only  for  wrappers,  {involucra  vel  segesiria, 
sing,  e.)  was  called  Empobbtica,  because  chiefly  used  by  merchants 
for  packing  goods,  Plin.  xiii.  13.  coarse  and  spongy  paper,  Scabea 
B1BU1.AQUB,  rlin.  Ep.  viii.  15. 

Fine  paper  of  the  largest  size  was  called  MACROCOLLA,  sc. 
charia  as  we  say,  royal  or  imperial  paper,  and  any  thing  written  un 
it,  Mac&ocollum,sc.  volumen,  Ibid.  &  Cic.  Att.  xiii.  25.  xvi.  3. 

The  exportation  of  paper  being  prohibited  by  one  of  the  Ptole- 
mies, out  of  envy  against  Eumenes,  king  of  Pergamus,  who  endea- 
voured to  rival  him  in  the  magnificence  of  his  library,  the  use  of 
parchment,  or  the  art  of  preparing  skins  for  writing,  was  discovered 
at  Pergamus,  hence  called  PERGAMENTA,  sc.  charia,  vel  Mkm- 
BRANA,  parchment.  Hence  also  Cicero  calls  his  four  books  of  Aca- 
demics, quatuor  8i(p^e^m^  i.  e.  libri  e  membranis  facli,  Att  xiii.  24. 
Some  read  Sttp^sgai,  i.  e..  ptlUs,  by  a  metonymy,  for  libri  pellibus 
tech,  vel  in  pellibus  scripti.  See  Manuiius.  Diphthera  Jovis  is  the 
register  book  of  Jupiter,  made  of  the  skin  of  the  goat  Amalthea, 
by  whose  milk  he  was  nursed,  on  which  he  is  supposed  by  the  poets 
10  have  written  down  the  actions  of  men.  Whence  the  proverb, 
W/ .rT,f  *r^  /MPt'«''  inspexit ;  and  Antiquiora  diphtherd,  Erasm. 
»"  Chiliad.  Vid.Po//uc.  vii.  15.  ^lian.  ix.  3.  To  this  Plaulus  beau- 
tifully alludes,  Rud.  prol.  21. 

v^f^f TT^!?l  °*^  ®^^^P  ^^®  properly  called  parchment:  of  calves 
iIa         c    ^^"^**  VrruLiNUM,  sc.  corium,) 

«o^k!!  ♦  ^H  ^°^'^"^  manuscripts  which  remain  are  written  on 
parchment,  a  few  on  the  papyrus. 

^.n^oL^r''"^  !?"^"  "^^^^  ^^^  dominion  of  the  Arabs  in  the  se- 
^htan^S  ^  '^  <^ommerce  with  Europe  and  the  Constantino- 
politan  empire  being  stopped,  the  manufacture  of  paper  from  the  pa- 


METHOD  OP  WRITING.  429 

jn/rus  ceased.  The  art  of  making  paper  from  cotton  or  silk*  (charta 
bandnfctnaf)  was  invented  in  the  east  about  the  beginning  of  the  tenth 
century ;  and  in  imitation  of  it,  from  linen  rass,  in  the  fourteenth 
centuiT.  Coarse  brown  paper  was  first  manufactured  in  Englandy 
A.  1588 ;  for  writing  and  printing,  A.  1690 ;  before  which  time 
about  100,000/.  are  said  to  have  been  paid  annually  for  these  articles 
to  France  and  Holland. 

The  instrument  used  for  writing  on  waxen  tables,  the  leaves  or 
bark  of  trees,  plates  of  brass  or  lead,  &c.  was  an  iron  pencil,  with  a 
sharp  point,  called  STYLUS,  or  GRAPHIUM.  Hence  StUo  aft- 
stineot  1  forbear  writing,  Plin.  Ep.  vii.  21,  On  paper  or  parchment, 
a  reed  sharpened  and  split  in  the  point,  like  our  pens,  called  CA- 
LAMUS, AacjNDO,  fistula  vel  canna^  which  they  dipt  in  ink,  (atra* 
mtiUo  intingthanQ  as  we  do  our  pens,  Ctc.  AlU  vi.  8.  Ad.  Q.fr.  ii. 
15.  Pers.  iii.  11  &  14.  Horat.  Art.  p.  246.  Plin.  xvi.  36.  s.  64. 

Sepia,  the  cuttle-fish,  is  put  for  ink,  Pers.  ih.  because  when  afraid 
of  being  caught,  it  emits  a  black  matter  to  conceal  itself,  which  the 
Romans  sometimes  used  for  ink,  Ctc.  de  JiaL  D.  ii.  20.  X}vid.  Ha* 
lieui.  18. 

The  ordinary  writing  materials  of  the  Romans  were  tablets  co- 
vered with  wax,  paper,  and  parchment.  Their  stilus  was  broad  at 
one  end ;  so  that  when  they  wished  to  correct  any  thing,  they  turn- 
ed the  stilus^  and  smoothed  the  wax  with  the  broad  end,  that  they 
might  write  on  it  anew :  hence  scspe  stilum  vertas,  make  frequent 
corrections,  Horat.  Sat.  i.  10.  72. 

An  author,  while  composing,  usually  wrote  first  on  these  tables 
for  the  convenience  of  making  alterations ;  and  when  any  thing  ap- 
peared sufficiently  correct,  it  was  transcribed  on  paper  or  parch- 
ment, and  published,  Horat.  Sat,  u.  3.  2. 

It  seems  one  could  write  more  quickly  on  waxen  tables  than  on 
paper,  where  the  hand  was  retarded  by  frequently  dipping  the  reed 
in  mk,  Quinctilian.  x.  3.  30.  ' 

Tiie  labour  of  correcting  was  compared  to  that  of  working  with  a 
file,  {lima  labor ;)  hence  opus  limare^  to  polish,  Ctc.  Orat.  i.  2*^.  Ii- 
mare  de  aliquo^  to  lop  off  redundancies,  id.  iii.  9.  svpremam  limam 
operirif  to  wait  the  last  polish,  Plin.  ep.  viii.  5.  lim&  mordacius  ii/t,  to 
correct  more  carefully,  Ovid.  Pont.  i.  5.  19.  Liber  rasut  lima  ami' 
cif  polished  by  the  c<MTection  of  a  friend.  Id.  ii.  4. 17.  ultima  lima 
defuit  meis  scriptisj  Ovid.  Trist.  i.  6.  30.  i.  e.  summa  manus  overi 
defuU  vel  non  imposita  est,  the  last  hand  was  not  put  to  the  work,  it 
was  not  finished ;  metaph.  vel  translat.  a  picture,  quam  manus  com- 
plet  atque  omat  suprema,  Serv.  in  Virg.  i£n.  vii.  572.  or  of  beatine 
on  an  anvil ;  thus,  Et  male  tomatos  (some  readformatos)  incudi  red' 
dere  versus,  to  alter,  to  correct,  Horat.  Art.  p.  441.  uno  opere 
tandem  incudem  diem  noctemque  tundere,  to  be  always  teaching  the 
same  thing,  Ctc.  Orat.  ii.  39.  Ablatum  mediis  opus  est  incudibus 
illud,  the- work  was  published  in  an  imperfect  state,  Ovid.  Ibid.  29. 

The  Romans  used  also  a  kind  of  blotting  or  coarse  paper,  or 
parchment,  {charta  dcUHtiOf)  called  Palimsestos,  {a  woXjv,  rursus,  et 


430  ROMAN  ANTIQUITIES. 

4*011),  radOf)  yel  pMnxestus,  (a  S«u,  radOf)  fm  which  they  m^t  easily 
erase  (deUre)  what  was  written,  and  write  it  anew,  MarOaL  xiv.  7. 
Cic.  Fam.  vii.  18.  But  it  seems  this  might  have  been  done  on  any 
parchment,  Horat.  Art.  p.  389.  They  sonietimes  varied  the  expree* 
sion  by  interiining  {stpraacriptot)  Plin*  ep.  vii.  12^ 

The  RomstnB  used  to  have  note^books,  (ADVERSARIA,  "Wrwm,) 
in  which  they  marked  down  memorandums  of  any  thing,  that  it  might 
not  be  foigotten,  until  they  wrote  out  a  fair  copy ;  of  an  account,  for 
instance,  or  of  any  deed,  (ut  ex  m  jtula  tabula  confictreniuTf)  Cic 
Rose.  Com.  2  &  3.  Hence  referre  in  adversaria^  to  take  a  memo- 
randum of  a  thing,  ib. 

The  Romans  commonly  wrote  only  on  one  side  of  the  paper  or 
parchment,  and  always  jomed  (aggltdinabami)  one  sheet  (tcAecfa)  fo 
the  end  of  another,  till  they  finished  what  they  had  to  write,  and 
then  rolled  it  up  on  a  cylinder  or  staff ;  hence  VOLUMEN,  a  vo- 
lume or  scroll ;  evohere  /t6rtim,  to  open  a  book  to  read,  Cic,  Ttisc. 
ill.  Top.  9.  animi  nit  complicatam  notionem  evohere^  to  unfold,  to 
explain.  Off.  m.  19. 

An  author  generally  included  only  one  book  in  a  volume,  so  that 
usually  in  a  work  there  was  the  same  number  of  volumes  as  of 
boc^  Thus  Ovid  calls  his  15  books  of  Metamorphoses,  mutatoB  Itr 
quinque  volwnina  format^  Trist.  L  1.  117.  So  Cic.  Tusc.  m.  3.  Att. 
IX.  ID.  Fam.  xvi.  l7.  When  the  book  was  lon^,  it  was  sometimes 
divided  into*  two  volumes :  thus,  Studiosi  tres^  i.  e.  three  books  on 
Rhetoric,  in  sex  volumina  propter  amplitudinem  dtoisi^  Plin.  ep*  iiL 
4b  Sometioies  a  work,  consisting  of  many  books,  was  contained  in 
one  volume ;  thus,  Homerus  tolas  in  uno  volnmine^  i.  e.  forty-eight 
books,  Ulpian.  I.  52.  D.  de  legat.  iii.  Hence  aniiosa  volumma 
vatum^  aged  books,  Horat.  ep.  ii.  1.  26.  Peragere  volumina,  to  com- 
pose, Plin*  ib. 

When  an  author,  in  composing  a  book,  wrote  on  both  sides  (m 
yiraque  vagina)  of  the  paper  or  parchment,  it  was  called  OPISTO- 
GRAPHUS,  vel  -on^  Plin.  ib.  i.  e.  scriptus  et  in  tergo,  {ex  ontf^sv,  a 
^^X0^f  «'  7f«^}  scribo,)  Juvenal,  i.  1.  6.  in  chartd  avtrsd,  MartiaL 
viii.  62.  in  very  small  characters,  {minutissimis,  sc.  Uteris^)  Plin.  ib. 

When  a  book  or  volume  was  finished,  a  ball  or  boss  {bulla)  of 
wood,  bone,  horn,  or  the  like,  was  aflSxed  to  it  on  the  outside,  for  se- 
curity  and  ornament,  {ad  conservalionem  et  omatum^)  called  UMBI- 
LICUS, from  its  resemblance  to  that  part  of  the  human  body ;  hence 
Ad  umbUicum  adducere,  to  finish,  Horat.  Epod.  xiv.  8.  ad  umbilicos 

Crvenire,  Martial,  iv.  91.  Some  suppose  this  ornament  to  have 
en  placed  in  the  middle  of  the  roll,  Sckol.  in  Horat.  but  others,  at 
the  end  of  the  stick,  {bacillus^  vel  surculus^  on  which  the  book  was 
rolled,  or  rather  at  both  ends,  called  Cornua,  Ovid.  Trist.  i.  1.  8L 
Martial,  xi.  108.  hence  we  usually  find  umbilici  in  the  plur.  CatulL 
XX.  7.  Marital.  I  67.  iii.  2.  5.  6.  viii.  61.  and  in  Statius,  Silv.  iv.  9.  8L 
binis  umbilicis  decoralus  liber. 

Umbilicus  is  also  put  for  the  centre  of  any  thing,  as  ndv^  in 
English  ;  thus,  Delphi  umbilicus  Grasda,  Liv.  xxxv.  18.— 41.  33. 


METHOD  OF  WRITDiG.  411 

Ofitff  ferronon,  Id.  nxyni  47.  Cic  divin.  u.  56.  So  Cie.  Vkrr.  w. 
48.  CutilicB  /ootf,  in  quojluctuet  innda^  lialim  umbilieutf  Hin.  iii.  13. 
S»  17,  and  for  a  shell  or  pebble,  Cic,  Orai.  iL  6. 

The  Romans  usoallv  earned  with  them,  wherever  they  wenty 
small  writing  tables,  called  PUGILJARES,  vel  -ta  {quod  non  ma* 
jores,  erant  qaam  qnsB  pugno,  vel  pugillo  comprehmdemniur^  vel 

ni  in  m  stilo  punffendo  scribebaiur)^  by  Homer,  «iv«xf(,  //•  vi.  169. 
ce  said  to  hare  been  in  use  before  the  time  of  the  Trojan  war. 
Plin.  xiii.  11.  on  which  they  mariied  down  any  thing  that  occurred, 
F/tn.  ep.  L  6.  OvtdL  Met.  ix.  520.  either  with  their  own  hands,  Plin. 
▼iii.  9.  or  by  means  of  a  slave,  called  from  his  office,  NOTARIUS, 
Id.  iiL  5.  or  Tabbllarics,  Cic.  PkiL  ii.  4. 

The  pugillares  were  of  an  oblong  form,  made  of  citron,  or  box- 
wood, or  ivory,  also  of  parchment,  covered  with  coloured  or  white 
wax,  OvtdL  ^mor.  u  13.  7.  Mirtial:  xiv.  3.  containing  two  leaves, 
{dupliciSf  SnwTvxotf)  three,  four,  five,  or  more.  Martial,  ib.  with  a 
small  Duuvin,  raised  all  round,  as  may  be  seen  in  the  models  of  them 
which  stilT  remain.  They  wrote  on  them  {exarabant^)  with  a  stilus  f 
hence  Ceris  tt  stylo  incumbered  for  in  pug^laribus  scribere,  Plin.  Ep. 
Vii.  27.    Remittere  stUurOj  to  give  over  writing,  f6. 

As  the  Romans  never  wore  a  sword  or  dagger  in  the  city,  Plin* 
xxxiv.  14  s«  39.  they  often,  upon  a  sudden  provocation,  uaed  the 
graphium  or  stilus^  as  a  weapon.  Suet.  Cms.  13.  C.  28.  CI.  15.  35. 
Senec.  de  clem.  i.  14.  which  they  carried  in  a  case,  {theca  calamaria^ 
aut  grapkiaria't  yel  graphiarium^)  Martial.  xiv.*21.  Hence  proba- 
bly the  stiletto  of  the  modern  Italians. 

What  a  person  wrote  with  his  own  hand,  was  called  CHIRO- 
GRAPHU8,  vel  -tim,  Cic.  Fam.  xii.  1.  xvi.  21.  Suet.  Jul.  17.  Aug. 
87.  which  also  signifies  one's  hand  or  hand-writing,  Cic.  Phil.  ii.  4. 
Pam.  ii.  13.  x.  21.  Jltt.  ii.  20.  Mit.  D.  ii.  74.  Versus  ijpsius  chvfO' 
grapho  scripti^  with  his  own  hand.  Suet.  Ner.  52.  Chirographum 
alicujus  imitarif  Id.  Aug.  64.  Tit.  3. 

But  chirogrdphum  commonly  signifies  a  bond  or  obligation  which 
a  person  wrote,  or  subscribed  with  his  own  hand,  and  sealed  with 
his  ring,  Juvenal,  xiii.  137.  Suet.  Col.  1 1 .  When  the  obligation  was 
kept  by  both  parties,  and  a  copy  of  it  kept  by  each,  as  tetween  an 
undertaker  and  his  employer,  &c.  it  was  called  SYN6RAPHA,  -t», 
vel  -iim,  Ascon.  in  Yen*,  i.  36.  Plaut.  Asin.  iv.  1.  which  is  also  put 
for  a  passport  or  furlough,  Plaut.  Cap.  ii.  3.  90. 

A  place  where  paper  and  implements  for' writing,  or  books,  were 
kept,  was  called  SCRINIUM,  vel  CAP8A,  an  escritoir,  a  box  or  case, 
{arcula^  vel  loculus,)  Horat.  Sat  i.  1.  f.  4. 22.  and  10.  63.  common- 
ly carried  by  a  slave,  who  attended  boys  of  rank  to  school,  JuvenaL 
X.  117.  called  Capsarius,  Suet.  J^er.  36.  or  Librarius,  Id.  CI.  35. 
tc^ther  with  the  private  instructor,  Pjsdaooous,  Ibid,  also  for  the 
most  part  of  servile  condition,  Plaut,  Bacch.  1.  2.  distinguished  from 
the  public  teacher,  called  PRiECEPTOR,  Plin.  Ep.  tv.  13.  Senec. 
de  Ir.  ii.  S8.  Doctor,  vel  Maoistkr,  Id.  paneg.  47.  but  not  proper* 
ly  Doxinvs,  unless  used  as  a  title  of  civility,  as  it  sometimes  was, 


433  ROMAN  ANTIQUITIES. 

SmI.  CI.  31.  Tacii.  Ann.  ii.  87.  espedMy  to  a  person  ^Ikmb  name 
was  unknown  Or  foi^tten,  as  Sir  among  us,  Senec  ep.  iii.  47.  thus^ 
DoMiNA  is  used  ironically  for  mistress  or  madam»  7er.  HeauL  iv.  I. 
15.  Augustus  would  not  allow  himself  to  be  called*  Domifus,  Suei. 
53.  nor  Tiberius^  Id,  27.  because  that  word  properly  signifies  a  maM- 
ter  of  slaves^  {qui  domi  prceest  vel  imperat,)  Ten  Eun.  iii.  2.  33.  An 
under-teacher  was  called  Hypodidasculus,  Cic.  Fam.  ix.  18. 

Boys  of  inferior  rank  carried  their  satchels  and  books  themselves^ 
(fcBvo  Buspensi  locutos  tabulamque  lactrtOj)  Hor.  Sat.  i.  6.  74. 

When  a  book  was  all  written  by  an  author^s  own  hand^  and  not 
by  that  of  a  transcriber,  {manu  librariij)  it  was  called  AUTOGRA- 
PHU8,  Suei.  Aug.  71.  87.  or  Idiogrdphus,  Gdl.  ix.  14. 

The  memoirs  which  a  person  wrote  concerning  himself  or  his  ac- 
tions, were  called  Commentarii,  Cas,  ir  Cic.  Brut,  75.  Sutt.  Ots, 
56.  Jtb,  61.  also  put  for  any  registers,  memorials,  or  Journals,  {Dta- 
ria  ephtmetides^  acta  diuma,  ire)  Cic  Fam.  v.  12.  f.  viii.  11.  Phil, 
i.  1.  Verr.  v.  21.  Liv.  i.  31  &  32.  xlii.  6.  Suet  Aug.  64.  Plin.  ep. 
vi.  22.  X.  96.  Memorandums  of  any  thing,  or  extracts  of  a  book, 
were  caRed  Hypomnlmiita^ic,  Att  xvi.  14.  21.  Also  Commenta- 
Rii,  electorum  vel  excerptorum^  books  of  extracts,  or  common-place 
books,  Plin.  ep.  iii.  5. 

When  books  were  exposed  to  sale  by  booksellers  (bil^ioDdla^y 
they  were  covered  with  skins,  smoothed  with  pumice  stone,  Horat. 
ep.  i.  20.  Plin,  xxxvi.  21.  s.  42.  Catull.  xx.8.  Tibull.  iii.  1.  10. 

When  a  book  was' sent  any  where,  the  roll  was  tied  with  a  thread, 
and  wax  put  oa  the  knot  and  sealed ;  hence  signata  volumina^  Ho- 
rat.  ep.  i.  13.  So  letters,  Cic,  Cat,  iii.  5.  The  roll  was  usually 
wrapt  round  with  coarser  paper,  or  parchment,  Plin,  xiii.  1 1,  or  with 
part  of  an  old  book,  to  which  Horace,  is  thought  to  elude,  Ep,  i.  20. 
13.  Hence  the  old  Scholiast  on  this  place,  Fient  ex  te  opistogr&* 
pha  lilerarumj  so  caHed,  because  the  inscription  written  on  the  back 
showed  to  whom  the  letter  or  book  was  sent. 

Julius  Csesar,  in  his  letters  to  the  senate,  introduced  the  custom  of 
dividing  them  into  pages,  {paginal  and  folding  them  into  the  form  of 
a  pocket-book,'  or  account-book,  (libellis  memorialise  vel  rationalise) 
with  distinct  pages,  like  our  books ;  whereas  formerly  consuls  and 
generals,  when  they  wrote  to  the  senate,  used  to  continue  the  line 
quite  across  the  sheet  {transversa  charid^  without  any  distinction  of 
pages,  and  roll  them  up  in  a  volume.  Suet,  Ccbs,  56.  Hence,  after 
this,  «U  applications  or  requests  to  the  emperors,  and  messages  from 
them  to  the  senate,  or  public  orders  to  the  people,  used  to  be  writ- 
ten and  folded  in  this  form,  called  LIBELLI,  see  p,  28.  Suet.  Aug., 
xlv.  53.  Tib,  xviii.  66.  CI.  15.  JV.  15.  Domil,  17.  Martial,  viii.  31.  82. 
or  CoTOciLLf,  Tacit.  Ann.  xvi.  24.  Suet.  Tib,  xxu.  42.  Col.  18.  CL 
29.  rarely  used  in  the  singular ;  applied  chiefly  to  a  person's  last  will^ 
see  p.  59.  also  to  writing  tables,  the  same  with  pugillaresy  or  to  let* 
ters  writtenr  on  them,  Cic,  Phil,  viii.  10.  Fam.  iv.  12.  vi.  1&  ix.  26. 
Q,fr,  ii.  11.  Suet.  CI,  5.  JV.  49. 

A  writ  conferring  an  exclusive  right  or  privilege,  was  called  DI- 


.BfETHOD  OF  WRITING.  433 

PLOMAy  (i.  e,  libellus  duplicatiUy  vel  duorum  foliorxm^  oonnstiag 
of  two  leaves,  written  on  one  side,)  granted  by  the  emperor,  or  any 
Roman  magistrate,  similar  to  what  we  call  Letters  patent,  i..e.  open 
to  the  inspection  of  all,  or  a  patent^  Cic.  Fam.  vi.  12.  Att.  x.  17.  Pis. 
37.  S^nec  ben.  viL  10.  Suet.  Aug.  50.  Cal.  38.  Ner.  12.  0th.  7. 
given  particularly  to  public  couriers,  or  to  those  who  wished  to  get 
the  use  of  the  public  horses  or  carriages  for  despatch,  Plin,  tp.  x. 
54.  55.  121. 

Any  writing,  whether  on  paper,  parchment,  tablets,  or  whatever 
materials,  folded  like  our  books,  with  a  number  of  distinct  leaves 
above  one  another,  was  called  CODEX,  {ouasi  caudex,  plwrium  <a- 
bularum  conte^litSf  Senec.  de  brev.  vit.  lo.  Cic.  Yer.  i.  36.  46.  & 
Ascon.  in  loc.)  particularly  account-books;  tabula^  vel  CodicbS)  ac" 
ctpti  tt  expense  Cic.  Rose.  Com.  i.  2,  &c.  Yen*,  ii.  61.  libri  or  /i- 
belli.  Thus  we  say,  liber  and  volumen^  of  the  same  thing,  QiUnctil. 
ix.  4.  f.  liber  grandi  po/umtne,  Greil.  xi.  6.  but  not  codex.  Legere 
vel  rtcitare  suum  cadieem^  the  crime  of  the  tribune  Cornelius,  who 
read  his  own  law  from  a  book  in  the  assembly  of  the  people,  when 
the  herald  and  secretary,  whose  oiSce  that  was,  {See  p.  83  &  153.) 
were  hindered  to  do  it  by  the  intercession  of  anotner  tribune,  Jlscon. 
in  Canrel.  Cic.  Vat.  2.  QuincUL  iv.  4.  Hence,  in  after  times,  Codex 
was  applied  to  any  collection  of  laws.  See  p.  189. 

AU  kinds  of  writings  were  called  LITEILE,  Cic.  passim :  Hence 

QUAM  VELLEM  NESCIRE  UTERAS,  I  wish  I  COuM  nOt  WritO,  Susi.  JVeT. 

10.  Senec.  Clem.  1.  but  liter ob  is  most  frequently  applied  to  epistola- 
ry writings,  (EPlSTOLiE,  vet  chartce  epistolares,)  Cic.  used  in  this 
sense  by  the  poets,  also  in  the  sing.  Ovid.  Pont.  i.  7  &  9.  IL  7.  iv. 
8.  Ep.  xviii.  9.  xix.  Jin.  "'Sr  xxi.  Jin.  so  in  a  negative  form,  Cic  AtL 
xiii.  39.  Fam.  ii.  17.  Arch.  8.  Verr.  i.  36,  or  for  one^s  hand-writing, 
{pianos^)  Cic  Att  vii.  2.  But  in  prose,  litera  commonly  signifies  a 
letter  of  the  alphabet. 

Epistol^  was  always  sent  to  those  who  were  absent,  Cic.  Q./r» 
i.  1. 13.  iii.  1.  3.  Fam.  i.  7.  ii.  4.  Cooicilli  were  also  given  to  those 
present,  Tacit^  Ann.  iv.  39.  Senec.  ep.  55.  So  Li  belli.  Suet.  Aug.  8^ 

The  Romans,  at  least  in  the  time  of  Cicero,  divided  their  letters, 
if  long,  into  pages,  Cic.  Att.  vi.  2.  Q.  fr,  L  2.  3.  Fam.  ii.  t3.  xi. 
25.  and  folded  them  in  the  form  of  a  little  book,  Senec.  ep,  45.  tied 
them  round  with  a  thread,  {lino  obligabant,)  Cic.  Cat.  iii.  5.  Ovid, 
ep.  xviii.  28.  as  anciently,  A<^.  Paus.  4.  ,Cart.  vii.  2.  covered  the 
knot  with  wax,  or  with  a  kind  of  chalk  {creta,)  Cic.  Flacc.  16.  Yerr. 
iv.  26.  and  sealed  it,  (obsignabant,)  Plaut  Bacch.  iv.  4.  64.  96.  first 
wetting  the  ring  with  spittle,  that  the  wax  might  not  stick  to  it,  Ovid. 
Trist.  v.  4.  5.  Amor.  ii.  15.  15.  Juvenal,  i.  68.  Hence  epistolam 
vel  literas  resignare^  aperire^  \el  solvere,  to  open,  Jsfep.  Hann.  11. 
Cic.  Att.  xi.  9.  resohere,  Liv.  xxvi.  15.  If  any  small  postscript  re- 
mained, after  the  page  was  completed,  it  was  written  crosswise  {tratis^ 
versim)  on  the  margin,  Cic,  Ait.  v.  1. 

In  writings  letters  the  Romans  always  put  their  own  name  first,  and 
then  that  of  the  person  to  whom  they  wrote,  Ausoti.  ep.  20.  some« 

55 


434  ROMAN  ANTIQUITIES. 

times  with  the  addition  of  SUO,  ai  a  mark  of  fiuniliariCy  or  fyndoMh 
Ck,  *•  Plin.  Martial,  xir.  II.  if  he  wal  ioTested  with  an  office,  tlwt 
likewise  was  added ;  bat  no  epithets,  as  among  us,  unless  to  particiH 
lar  friends,  whom  they  sometimes  called  HwnMnitnmi^  opftimi,  dul- 
cwtmi,  aninuB  sum,  ice  Cic.  &  Plin,  passim.         ,,^„^^  ,.  • 

They  always  annexed  the  letter  S.  for  gALUTEM,  sc  Aal, 
wishes  health ;  as  the  Greek,  X^P'^ror  the  Kke :  so  Horace,  f^p.  1 8. 
Hence  salutem  alictd  miii€re,  Plant  Pseud.  I  1.  39.  Ovid.  Har.  xn. 

I.  xviii.  1.  &c  mulhanf  vel  plunmam  dkere,  adscribere,  dare,  tnmer^ 
tire,  mmtiare,  referre,  &c.  as  we  express  it,  to  tend  complimenis,  Ac 
Cic.  Fam.  xiv.  1.  Au.xvi.  3. 

They  used  anciently  to  berin  with  Si  vales,  benb  est,  vtl  pad- 
pfto,  BGO  VALBO,  Senec.  ep.  u  15.  P/in.  ep.  i.  II.  Cic.  Fam,  v.  9.  10. 
xiv.  8.  II.  Ac  which  they  often  marked  with  capital  letters,  ISrU 
B.  Hisp.  26.  They  ended  with  Valb,  Ovid.  Trist.  v.  13.  33.  Cuba 
UT  vALEAS ;  sometimes  avb  or  salvb  to  a  near  relation,  with  thb 
addition,  m  animb,  mi  suavissimb,  Ac.  The^  never  subscribed  their 
name,  as  we  do,  but  sometimes  added  a  prayer  for  the  prosperity  of 
the  person  to  whom  they  wrote ;  as,  Deos  obsecro  ui  U  conterveni. 
Suet  Tib.  21.  which  was  always  done  to  the  emperors,  Dio.  Ivii. 

II.  and  called  Subscbiptio,  Suet.  716.  32.  The  day  of  the  month, 
sometimes  the  hour,  was  annexed.  Suet.  Aug.  50. 

Letters  were  sent  by  a  messenger,  commonlv  a  slave,  called  TA- 
BELLARIITS,  Cic.  for  the  Romans  had  no  established  post.  There 
sometimes  was  an  inscription  on  the  outside  of  the  letter,  sooietinies 
not,  Plutarch,  in  Dione.  When  Decimus  Brutus  was  besiegdd  by 
Antony  at  Mutina,  Hirtius  and  Octavius  wrote  letters  on  thin  ^ates 
of  lead,  which  they  sent  to  him  by  means  of  divers,  (urmatores^  and 
so  received  his  answer,  Dio.  xlvL  36.  Frohtin.  iii.  13.  7.  A|^[»an 
nientions  letters  inscribed  on  leaden  bullets,  and  thrown  by  a  sling 
into  a  besieged  city  or  camp,  Mithrid.  p.  191.  See  Dio.  xL  9.  IL  10. 

Julius  CcBsar,  when  he  wrote  to  anv  one  what  he  wished  to  keep 
secret,  always  made  use  of  the  fourth  letter  after  that  which  he  o«ttht 
to  have  used ;  as  o  for  a,  e  for  b,  ^c  Suet.  Cses.  56.  Dio.  xl.  11. 
Augustus  used  the  letter  following,  Dio.  li.  3.  as  b  for  a,  and  c  for 
.  B  ;  for  r,  aa.  Suet.  Aug.  88.  Isidor.  i.  24.  So  that  those  only  could 
understand  the  meaning,  who  were  instructed  in  their  method  of 
writing,  Oel.  xvii.  9. 

The  Romans  had  slaves  or  freedmen  who  wrote  their  letters,  call- 
ed ab  BPisTOLis,  Suet.  Claud.  28.  (a  m anu,  vel  amanubnsbs^)  SueL 
Qb9.  74.  Aug.  67.  Fesp.  Tit.  L  3.  and  accounts,  (rationibus,  vel 
ratiocinatoreSf  Cic.  Att.  i.  12.  Suet  Claud.  28.)  also  who  wrote 
short  hand,  (Actuabu,  Suet.  Jul.  55.  vel  Notarh,  Senec.  Ep.  90.) 
as  quickly  as  one  could  speak ;  Currant  verba  licet^  manus  est  velo* 
dor  illis.  Martial,  xiv.  208. ,  on  waxen  'tables,  Auaon.  Ep.  146. 
17.  Manil.  iv.  195.  sometimes  put  for  amanuenses^  Plin.  Ep.  iii.  5. 
ix.  36.  who  transcribed  then:  books,  (Libbarii,)  Ck.  Att.  xii.  3.  Liv. 
xxxviii.  55.  vrho  glued  them,  (oi^utinatorks,  Cic.  Att.  iv.  4.  vulgar- 
ly called  libronun  concinnatores  vel  compactores^  fi^pkMenry^  book- 


LIBRARIES.  435 

;)  polished  them  with  pumioe  slODe,  (fmmice  poliebanit  vel 
Imvigabanl^  Oy'uL  Trist  L  l.  9.  iiL  I.  13.)  anointed  tnem  with  the 
juie€  of  cedar,  (eedro  iUinebant^)  to  preseire  them  from  moths  and 
mHtenneai,  (a  tiuis  et  carUf)  Ibid.  &  Plin.  ziii.  12.  Martial,  iii.  2.  v. 
QL  viiL  61.  Hence  earmina  cedro  linenda^  worthy  of  immortality, 
Har0L  Art.  p.  332.  So  Pert.  L  42.)  and  marked  the  titles  or  index 
with  TenBilioo,  (MimuM,  ▼•  cinnabarii^  Ovid.  Ibid.  Plin.  xxxiii. 
7.)  purple,  {coccus  vel  purpura^)  Martial,  ib.  red  earth,  or  red 
ochre,  (rubrica^)  see  p.  190.  who  took  care  of  their  library,  (a  bib- 
UOTBBCA,)  C.  Fam.  xiiL  77.  assisted  them  in  their  studies,  (a  stu- 
Mis,  Suet.  Cat.  28.)  read  to  them,  (Anaonostji,  sing,  -es,  Cic.  Att. 
i.  12.  Fam.  t.  9.  Nep.  Att.  14.  Lbctobxs,  Suet.  Aug.  78.  Plin.  Ep. 
viiL  1.) 

The  freedmen,  who  acted  in  some  of  these  capacities  under  the 
emperors,  often  acquired  great  wealth  and  power.  Thus  Narcis- 
ana,  the  aecretary  (ab  epistolit^  vel  ucntiiii  of  Claudius,  and  Pallas, 
the  comptroller  of  the  household,  (a  raiionibus\  Suet.  Claud.  28.  So 
the  matter  df  requests,  (a  libellist)  Suet.  Dom.  14.  Tacit.  Ann.  ir. 
35.xyLa 

The  place  where  paper  was  made  was  called  OFFICINA  charta- 
rkLf  Plin.  xviiL  10.  where  it  was  sold,  TABERNA ;  and  so  Or- 
nciiiJB  ABMORVM,  Cic.  Phil.  vii.  4.  Ctclopuk,  workhouses,  Horat. 
L  4.  8.  SAnEHns,  Cic  Itgg.  L  13.  omnium  aWttim,  eloquentug^  vel 
dieeudi,  schools,  Id.  Orat.  13.  Pin.  v.  3.  But  officitm  ^  tabema  are 
■ometimes  confounded,  Plin*  x.  43.  s.  60. 

A  warehouse  for  paper,  or  books,  or  any  merchandise,  Apotheca  ; 
af  bookseller's  shop,  Tabbrma  libbajiia,  Cic.  Phil.  ii.  9.  or  simply 
Librarian  (veil.  v.  4.  IjiBBAaiUM,  a  chest  for  holding  books,  Uic. 
MUl.  12. 

The  street  in  Rome,  where  booksellers  {bibliopnUB)  chiefly  lived,   , 
was  called  Aroilbtus,  Mart.  L  4.  or  that  part  of  the  forum  or  street, 
called  Jabto  ;  where  was  a  temple  or  statue  of  the  god  Yertumnus, 
Ibrot.  Ep.  I  20.  L 

LIBRARIES. 

A  qbbat  number  of  books,  or  the  place  where  they  were  kept, 
was  called  BIBLIO THECA,  a  library,  Festus. 

The  first  famous  library  was  collected  b^  Ptolemy  Philadelphns 
at  Alexandria  in  Egypt,  B.  C.  284.  contaming  700,000  volumes, 
Gell.  vi.  17.  the  next,  by  Attains,  or  Eumenes,  king  of  Peigamua, 
Plin.  xiii.  12. 

Adjoining  to  the  Alexandrian  library,  was  a  building,  called  MU- 
SEUM,  (i.  e.  dotmcUium^  specus  vel  templum  musis  dicalurn^)  Plin. 
Ep.  i.  9.  for  the  accommodation  of  a  college  or  society  (<fuvoJog)  of 
learned  men,  who  were  supported  there  at  the  public  expense,  with 
«  covered  walk  and  seats,  {exedra^)  where  they  might  dispute,  Sirab. 
17.    An  additional  museum  was  built  there  by  Claudius,  Suet.  ClawL 


436  ROMAN  ANTIQUITIES. 

42.     Mdbeum  is  used  by  us  for  a  reposUory  of  learned  curiosities  j 
as  it  seems  to  be  by  Pliny,  xxvii.  2.  s.  6. 

A  great  part  of  the  Alexandrian  Fibrary  was  burnt  by  the  flames 
of  Csesar^s  fleet,  when  he  set  it  on  Are  to  save  himself,  Plutarch,  in 
C<B8.  &  Dio.  42,  38.  but  neither  Csesar  himself  nor  Hirtius  mention 
this  circumstance.  It  was  again  restored  by  Cleopatra,  who,  for 
that  purpose,  received  from  Antony  the  library  of  Pergamus,  then 
consisting  of  200,000  volumes,  Plutarch,  in  Anton.  It  was  totally 
destroyed  by  the  Saracens,  A.  642. 

The  first  public  library  at  Rome,  and  in  the  world,  as  Pliny  ob- 
serves, was  erected  by  Asinius  Pollio,  Plin.  vii.  30.  xxxv.  2.  in  the 
Atrixvfn^  of  the  temple  of  Liberty,  Ovid.  7rt>(.  iii.  I.  71.  on  Mount 
Aventine,  Mart.  xii.  3.  5. 

Augustus  founded  a  Greek  and  Latin  librdry  in  the  temple  of 
Apollo  on  the  Palatine  hill,  Suet,  39.  Dio.  liii.  1.  and  another,  in 
name  of  his  sister  Octavia,  adjoining  to  the  theatre  of  MarceiluSy 
PJutarch.  in  Marcell.  Ovid.  Trist.  iii.  1.  60  &  69. 

There  were  several  other  libraries  at  Rome ;  in  the  )[])apito1,S««#. 
Dom.  20.  in  the  temple  of  Peace,  Gell.  xvi.  8.  in  the  house  of  Tibe- 
rius, Gell.  xiii.  18.  &c.  But  the  chief  was  the  Vlpian  library,  insti- 
tuted by  Trajan,  Gell.  xi.  17.  which  Dioclesian  annexed  as  an  orna- 
ment to  his  Thermast  Vopisc.  in  Prob.  2. 

Manv  private  persons  had  good  libraries,  Cic.  Fam.  vii,  28.  Q./r. 
iii.  4.  Att.  iv.  10.  Plutarch,  in  Lucull.  Senec.  de  tranq.  9.  HoraL  od, 
i.  29.  13.  particularly  in  their  countr}'  villas,  Cic.  fin*  iii.  2.  MartiaL 
vii.  16.  Piin.  ep.  ii.  17. 

Libraries  were  adorned  with  statues  and  pictures.  Suet.  Tib.  70. 
Plin.  ep.  iii.  7.  iv.  28.  particularly  of  ingenious  and  learned  men, 
Plin.  xxxv.  2.  Juvenal,  ii.  7.  the  walls  and  roofs  with  glasses,  Boeih. 
Consol.  Plin.  xxxvi.  25.  Senec.  ep.  86.  Stat.  Silv.  i.  5.  42.  The 
books  were  put  in  presses  or  cases,  (Armaria  vel  cai^sjb,)  along  the 
walls,  which  were  sometimes  numbered,  Vopisc.  Tac.  8.  called  also 
FoRuu,  Suet.  Aug.  31.  Juvenal,  iii.  219.  Loculamenta,  Senec*  iranq. 
9.  Nmi,  Martial,  i.  118.  but  these  are  supposed  by  some  to  denote 
the  lesser  divisions  of  the  cases. 

The  keeper  of  a  library  was  called  a  Bibliotheca  ;  Bibliotheca-^ 
rius  is  used  only  by  later  writers. 

HOUSES  OF  THE  ROMANS. 

The  houses  of  the  Romans  are  supposed  at  first  to  have  been  no- 
thing else  but  cottages,  {cases,  vel  fuguria,)  thatched  with  straw, 
Ovid.  Amor.  ii.  9.  IS.  hence  CULMEN,  the  roof  the  house,  {quod 
culmis  tegebatur,)  Serv.  in  Virg.  Eel.  i.  6.  JEn.  viii.'654. 

After  the  city  was  buint  by  the  Gauls,  it  was  rebuilt  in  a  more  so- 
lid and  commodious  manner  ;  but  the  haste  in  building  prevented 
attention  to  the  regularity  of  streets,  Liv.  v.  55.  Diodor.  xiv.  lia* 

•  "  Rxime  was  rebuilt  witfaio  m  ^ar,  without  qnettion  in  a  very  wretched  maiiDer. 
The  itreeta  in  Uie  lower  parts  of  the  city  had  previously  been  broad  and  itraaght ;  for 


HOUSES  OF  THE  ROMANS. 


43? 


The  houses  were  reared  every  where  without  distinction,  {nuUi 
^  distinctioae  passim  erecttx,)  Tacit.  Ann.  xv.  43.  or  regard  to  proper- 
ty, {omisso  std  alieniqut  diserimine,  aded  ut  forma  ttrbis  essei  occt^pala 
fnagis^  auam  divisa  similis^)  where  every  one  built  in  what  place  he 
chose,  Liv.  ifr.  and,  till  the  war  with  Pyrrhus,  the  houses  were  cover* 
ed  only  with  shingles,  or  thin  boards,  (SCANDULiE,  vel  scindutctf 
!•  e.  tahtlUB^  in  parvas  laminas  scxsscb^)  Plin.  xvi.  10.  s.  15. 

It  was  in  the  time  of  Augustus  that  Rome  MTas  first  adorned  with 
magnificent  buildings;  hence  that  emperor  used 4o  boast,  that  he 
had  found  it  of  bricK,  but  should  leave  it  of  marble  ;  Marmoream  s€ 
relinquere^  quam  lattritiam  accepisset,  Suet.  Aug.  29.  The  sti'eets 
however,  still  were  narrow  and  urre^lar,  Srut.  Ntr,  38.  Tadi,  Am. 
zv.  38.  and  private  houses,  not  only  mcommodious,  but  even  danop* 
rous,  from  their  heiglit,  and  being  mostly  built  of  wood,  Juvenal,  lii. 
193.  &c.  Scalis  habito  iriints^  std  altis^  three  stories  high.  Martial.  \» 
118. 

In  the  time  of  Nero,  the  city  was  set  on  fire,  and  more  than  two- 
thirds  of  it  burnt  to  the  ground :  of  fourteen  wards  (rtgipnes)^  into 
which  Rome  was  divided,  only  four  remained  entire,  Tcuii.  Ann.  xv. 
40.  Nero  himself  was  thought  to  have  been  the  author  of  this  con- 
flagnration.  He  beheld  it  from  the  tower  of  Maecenas,  and  delu^hted, 
as  tie  said,  with  the  beauty  of  the  flame,  played  ike  taking  ojJVcy^ 
drest  like  an  actor,  Suet.  SPB.  Tadt.  Ann.  xv.  39.  40. 44. 

The  city  was  rebuilt  with  greater  regularity  and  splendour.  The 
streets  were  made  straight  and  broader.  The  areas  of  the  houses 
were  measured  out,  and  their  heieht  restricted  to  70  feet,  as  under 
Augustus,  Slrab.  v.  p.  162.    Each  house  had  a  portico  before  it, 

■ 

the  lewftn  ran  beneath  tham :  and  even  on  the  hills,  in  iti  gradual  enlargement  un- 
der the  kings,  the  same  rule  which  was  followed  in  the  laying  out  of  new  colonial 
towns,  appears  to  have  been  observed,  so  far  as  the  ground  would  allow  of  it:  that 
Is  to  say,  there  were  straight  broad  streets  reserved  to  the  state,  while  the  bnildlng- 

5 roand  bounded  by  them  was  regular^  parcelled  out  and  allotted  as  property  to  la- 
jvidualt.  This  right  the  government  seems  to  have  regarded  as  exuikct  since  the 
enemy's  conquest :  hence  every  body  was  allowed  to  build  where  he  chose,  in  order 
\  that  there  might  be  a  stronger  indnceroent  to  malce  a  beginning,  and  that  after  some 
progress  so  many  additional  voices  might  be  gained  in  liivour  of  patience  and  perse* 
verance.  The  Romans  in  after-ages,  forgetting  that  but  for  this  disadvantage  they 
probably  would  not  then  have  been  living  at  Rome,  complained  of  the  precipitation 
with  which  the  city  was  rebuilt :  for,  even  when  it  was  in  its  greatest  splendour,  H 
Was  impocsible,  before  the  fire  under  Nero,  to  change  the  crookedness  and  narrow- 
ness of  the  streets.  To  lighten  the  task,  the  senate  granted  bricks :  every  body  was 
aUowed  to  hew  stones  or  wood  wherever  he  pleased,  provided  he  gave  security  to 
finish  his  building  within  a  vear.  By  the  grant  of  bricks  must  be  meant  that  the 
atnte  allowed  them  to  be  taken  from  buildings  already  existing :  for  how  oould  it 
have  foond  the  means  of  payinr  for  new  ones?  Such  buildincs  it  had  at  Veil :  aa4 
with  a  view  of  putting  an  end  for  ever  to  the  hated  scheme  of  migrating  thither,  it 
was  wise  to  favour  the  demolition  of  that  city,  which  was  in  fact  reduced  to  an  In- 
significant  place,  and  barely  continued  to  extut,  till  it  in  some  measure  revived  wi- 
der Augustus  as  a  military  colony.  For  the  substructions  of  the  Capitol  too,  which 
were  built  no  long  time  after,— and  no  doubt  on  the  side  beneath  the  citadel,  where 
Cominius  and  the  Gaols  clomb  up  the  grass-covered  rock— and  for  the  repair  of  the 
walls,  blocks  of  stone  ready  hewn  would  be  supplied  by  Veil:  in  this  manner  Ita 
temples  and  citv-walls  disappeared.  The  RomaDS  who  had  staid  there  to  avoid  the 
charge  of  building,  were  commanded  by  an  ordinance  of  the  senate  to  return  before 
a  stated  day,  under  pain  of  the  severest  t^unishment.*'    IVisdnAr.^ED. 


438  nbMAN  ANTIQUITIEa 

fraiting  the  street,  and  did  not  communicate  with  w  other  by  a 
oommon.wall  as  formerly.  It  behoved  a  certain  part  oi  every  hwiaa 
to  be  buiit  of  Gabian  or  Alban  stone,  which  was  proof  ^inrt  fire, 
Cignibu§  imperviut^)  Tacit.  Ann.  xv.  53. 

These  regulations  were  subservient  to  ornament  as  well  as  utility. 
Some,  however,  thought  that  the  former  narrowness  of  the  sta^^it% 
and  height  of  the  houses,  were  more  conducive  to  health,  as  ptevenlp 

iw  by  tfeir  shade  the  excessive  heat,  lUd.  ,^t«wt»  «:« 

Buildings,  in  vehich  several  families  lived,  were  called  INSULA; ; 
houses  in  which  one  family  lived,  DOMUS,  vel  iEpas  raiVAT^ 
Suei.  Ntr.  xvi.  38.  44.  Tacit.  Ann.  vL  45.  xv.  41.     See  p.  53. 

We  know  little  of  the  form  either  of  the  ouUide  or  inside  of  Ro- 
man  houses,  as  no  models  of  them  remain.  The  small  boose  dog 
out  of  the  ruins  of  Pompeii  bears  little  or  no  reseraUaMe  to  the 
bouses  of  opulent  Ronun  citizens. 

The  principal  parts  were, 

L  VESTfeUI-UM,  which  vw  not  properly  a  part  (rf*  the  boMe, 
but  an  empty  space  before  the  gate,  through  which  there  was  aa  ae* 
oess  to  it,  GdL  xvL  5.  Cic.  Casin.  U.  Plaui.  Moat.  m.  2. 130. 

The  vestibule  of  the  golden  palace  {aurea  domm)  of  Nenk,  waa  m 
large,  that  it  contained  three  porticos,  a  mile  lon^  each,  and  a  pond 
like  a  sea,  surrounded  with  buildings  like  a  city.  Suet.  Ntr.  aft, 
Here  was  also  a  colossus  of  himself,  or  statue  of  oioniMNur  may*- 
lude,  120  feet  high.    See  p.  294. 

2.  JANUA,  ostium  vel  fores^  the  gate,  (PoaTA  mwwan  «l  ca»- 
trorum  ;  Jan  da  parietis  et  domorum^)  made  of  various  kinds  of  wood, 
cedar,  or  cypress,  Virg.  G.  ii.  442.  elm,  oak,  &c  Ovid.  Met^  iv.  487. 
Amor.  ii.  1.  25.  sometimes  of  iron,  Plant.  Pers.  iv.  4.  21.  or  brass, 
Plin.  xxxiv.  3.  and  especially  in  temples,  of  ivory  aild  gold,  Oie. 
Terr.  iv.  36.  Plin.  viu.  10. 

The  gate  was  commonly  raised  above  the  ground,  so  that  they 
had  to  ascend  to  it  by  steps,  FtVg.  ^n.  ii.  492.  Seru  ep.  84. 

The  pillars  at  the  sides  of  the^  eates,  projecting  a  litde  without 
the  wall,  were  called  ANT^E,  and  the  ornaments  affixed  to  them, 
wrought  in  wood  or  stone,  Antkpagmbmta,  Festm. 

When  the  gate  was  opened  among  the  Romans,  the  folds  (valvik, 

rd  intus  revolvantur)  bent  inwards,  unless  it  was  granted  to  any  one 
^  a  special  law  to  open  his  door  outward ;  as  to  P.  Valerhis  Pop- 
licola,  and  his  brother,  who  had  'twice  conquered  the  Sabines,  {ut 
domAs  torum/ores  extra  aperirtrilur,)  Plin.  xxxvi.  15.  after  the  man- 
ner of  the  Athenians,  whose  doors  opened  to  the  street,  (m  ptSli'- 
cian^  and  when  any  one  went  oot,  he  always  made  a  noise,  by 
striking  the  door  on  the  inside,  to  give  warning  to  those  without  to 
keep  at  a  distance:  hence  Crbpuit  foris,  Concreptdt  a  Glyctrio 
ostium,  the  door  of  Glycerium  hath  creaked,  i.  e.  is  about  to  be 
opened ;  Ter.  Atid.  iv.  1.  59.  Htc.  iv.  1.  6.  Plant.  Amph.  L  2.  34. 
This  the  Greeks  called  -^^^^  iv  dujav ;  and  knocking  from  without, 
xcWTfiiv,  pulsare  vel  pnllare, 

A  slave  watched  (servabai)  at  the  gate  as  a  porter,  (JANITORi) 


HOUSES  OF  THE  ROMAN&  430 

OwL  FM$i.  \.  138.  hence  called  OSTIARIU8,  pobb  ab  jahua, 
.Ye/9.  Han.  12.  Claustriitiamu^  Gell.  xii.  10.  umiall^  in  cbains,  (caU^ 
naiuMf)  ColuineL  pref.  Ovid.  Am.  i.  6. 1  &;  25.  wUch,  when  eman- 

3'  mted,  he  consecrated  to  the  Laret^  Horat.  i.  5.  65.  or  to  Saturn, 
^arU  ill.  39.  armed  with  a  staff  or  rod,  {anmdo^  vel  virga^)  Senec 
de  Const.  14.  and  attended  by  a  dog,  likewise  chained,  Suet.  Vit.  16. 
Stnec.  d€  ha.  iii.  37.  On  the  porter^s  cell  was  sometimes  this  in- 
scription, Cavb  cah bm,  Peiron.  29.  Plaui.  Most.  iiL  2.  162. 

Dogs  were  also  employed  to  guard  the  temples,  Cic.  Sexi.  Roic. 
90.  Jfmob.  vL  and  because  they  failed  to  give  waminff,  when  the 
Gaub  attacked  the  Capitol,  Iav.  v.  47.  a  certain  number  of  them 
were  Amually  carried  through  the  city,  and  then  impaled  on  a  cross, 
Plin.  zxix.  4. 

Females  also  were  sometimes  set  to  watch  the  door,  (Janitbicbs,) 
usually  old  women,  Phuii.  Cure.  i.  1. 76.  TibuU.  L  7.  67.  Petron.  55. 

On  festivals,  at  the  birth  of  a  child  or  the  like,  the  gates  were 

adorned  with  green  branches,  flowers,  and  lamps,  Juvenal,  ix.  85. 

joL  01.  as  the  windows  of  the  Jews  at  Rome  were  on  Sabbaths,  Sc" 

nee.  95.  Pen.  v.  180.    Before  the  gate  of  Augustus,  by  a  decree  of 

the  senate,  were  set  up  branches  of  laurel,  as  being  the  perpetual 

-ixmqueror  of  his  enemies;  OvitL  Trist.  iii.  1.  39.  Piin.  zv.  30.  s. 

'30.  hence  LiuaBATiS  forbs,  Senec.  adPolyh.  35.  Laurigbai  Pe- 

MATBS  ;  Martial.  viiL  1.     So  a  crowo  of  oak  was  suspended  on  the 

top  of  his  house»  as  being  the  preserver  of  his  citizens,  Plin.  xvi.  3. 

wnieh  honour  Tiberius  refused;  Suet.  26.    The  laurel  branches 

seem  to  have  been  set  up  on  each -side  of  the  gate,  in  the  vestibule ) 

and  the  civic  crown  to  have  been  suspended  from  above  between 

'  them :  hence  Ovid  says  of  the  laurel,  inediafnque  tuebere  quercump 

Met.  i.  563. 

The  door,  when  shut,  was  secured  by  bars,  {obices^  claustra^  repa^ 
gula,  vectes;)  iron  bolts,  (pessuli;)  chains,  Juv.  iii.  304.  locks, 
{sereBf)  and  keys,  (claves:)  henee  obdere  pessulum  foribusj  to  bolt 
-the  door,  Ter.  Heaut.  ii.  3.  37.  oceludere  ostium  pessulisj  with  two 
bolts,  one  below,  and  another  above,  Plaut.  AuL  i.  2. 25.  uncinum  im» 
mittere^  to  fix  the  bolt  With  a  hook ;  obserare  fores^  vel  ostiumy  to 
loek  the  door,  Ter.  Eun.  iv.  6.  25.  eeram  ponere^  Juvenal,  vi.  34. 
appositA  januafulta  serA^  locked,  Ovid.  Art.  A.  ii.  244.  reserare^  to 
open,  to  unlock,  Ovid.  Met.  x.  384.  exculere  postt  seram.  An),  i.  6. 
24.  &c  It  appears  that  the  locks  of  the  ancients  were  not  fixed  to 
the  pannels  {tmpages)  of  the  doors  with  nails,  like  ours,  but  were 
taken  off  when  the  door  was  opened,  as  our  padlocks :  hence,  et  jo- 
ceat  tacitd  lapsa  catena  serdy  Propert.  iv.  12.  26. 

Knockers  (marculiy.  mallei)  were  fixed  to  the  doors,  or  bells  (/m- 
tinnabula)  hung  up,  as  among  us,  Suet.  Aug.  91.  Senec.  de  Ira.  iii. 
35.  Dio.  Kv.  4.  ' 

The  porter  usually  asked  those  who  knocked  at  the  gate,  who  they 
were,  Cic.  Phil.  ii.  31.  He  admitted  or  excluded  such  as  his  mas- 
ter directed,  Suet*  0th.  3.  Senec.  ep.  47.    Sometimes  he  was  order- 


440  ROMAN  ANTIQUITIES. 

ed  to  deny  hif  magtei's  being  at  home,  Cic.  OraL  ii.  68.  Martial.  & 
5.  V.  33.  Ovid.  Art.  Am.  ii.  321. 

Besides  the  janitor ^  the  emperors  and  great  men  had  persons  who 
watehed  or  kept  guard  in  the  vestibule,  (Excubia,  vel  custodia,) 
Tadt.  Ann.  zv.  52.  to  which  Virgil  alludes,  ^n.  vl  555.  574. 

A  door  in  the  back  part  of  the  house  was  called  POSTICUM,  vel 
posticum  ostium^  Plaut.  IStich.  iii.  1.  40.  Horat.  ep.  i*  5^  31*  or 
PsKuooTHTROM,  V.  -OH,  Cic.  Yen*,  ii.  20.  Red.  in  Senat.  6*  thai  in 
the  fore  part,  Anticum,  Feslus. 

3.  The  Januat  or  principal  gate,  was  the  entrance  to  the  ATRI- 
UM, or  AULA,  the  court  or  hall,  which  appears  to  have  been  a  large 
oblong  sqiyire,  surrounded  with  covered  or  arched  galleriear  {poriu 
CU8  tectca  vel  laqueata^)  Auson.  Edyll.  x.  49. 

Three  sides  of  the  Atrium  were  supported  on  pillars ;  in  later 
times,  of  marble,  Plin.  xvii.  1. — ^xxxvi.  2  &  3. 

The  side  opposite  to  the  gate  was  called  TABLINUM,  and  the 
other  two  sides,  ALJE,  Vitruv.  vi.  4. 

The  tablinum  was  filled  with  books,  and  the  records  of  what  any 
one  had  done  in  his  magistracy,  Plin.  xxxv.  2^ 

In  the  atrium^  the  nuptial  couch  was  erected,  Seej).  393.  the  mis- 
tress of  the  family,  with  her  maid-servants,  wrought  at  spinning  ami 
weaving,  Cic.  Mil.  5.  Jiep.  pros/.  {In  medio  adiiun^  i.  e.  in  atrio,  iJx* 
i.  57.) 

The  ancient  Romans  used  every  method  to  encourage  domestic 
industry  in  women.     Spinning  and  weaving  constituted  their  chief 
•  employment 

To  this  the  rites  of  marriage  directed  their^attention.  Set  p.  393. 
Hence  th^  frequent  allusions  to  it  in  the  poets'  Virg.  Mn.  viii.  406. 
ix.  488.  and  the  atrium  seems  to  have  been  th^  place  appropriated 
^for  their  worfcing,  (ex  vetere  more  in  atrio  tela  texebantur^  Ascon.  in 
Cic.  pro  Mil.  5.)  that  their  industry  might  be  conspicuous :  hence 
the  qualities  of  a  good  wife,  (morigercB  uxoris :)  probitas^J'orma^ 
fidtSi  fama  pudicita,  lanificaque  manuSf  Auson.  Parent,  iii.  3.  xvi. 
3.  But  in  aflcr-times,  women  of  rank  and  fortune  became  so  lux- 
urious and  indolent,  that  they  thought  this  attention  below  them. 
J^unc  plerisque  sic  luxu  et  inertia  defiuunt^  ut  ne  lanjfidi  qvadtm  cu^ 
ram  stucipere  dignentur,  Columel.  xii.  Proem.  6.  On  this  account, 
slaves  only  were  employed  in  spinning  and  weaving,  (Textorss  et 
T£XTRicE;i,  lanificif  et  -<s,)  and  a  particular  place  appropriated  to 
them  where  they  wroucht,  (tkxtrina,  vel  -um.)  Thus  Verres  ap- 
pointed in  Sicily,  Cic.  Verr.  iv.  26. 

The  principal  manufacture  was  of  wool ;  for  although  there  were 
those  who  made  linen,  limteonbs,  Plaut.  Aul.  iii.  5.  38.  Serv.  in 
AEn.  vii.  14.  and  a  robe  of  linen,  {vestis  lintea,)  seems  to  have  been 
highly  valued,  Cic.  Verr.  v.  56.  yet  it  was  not  much  worn. 

The  principal  parts  of  the  woollen  manufacture  are  described  by 
Ovid,  Met.  vL  53.  dressing  the  wool ;  picking  or  teasing,  combing 
and  carding  it,  (lanam  carpere^  pectere^  v.  pectinare,  carminare,  &c. 


SPINNING  AND  WEAVING.  441 

•pinniiig  (nere,  poist.  dueere^  vel  irahere)  with  a  dirtaflT,  (coLUS,)  and 
«pindle,  (fusus,)  winding  or  forming  the  thread  into  dews,  {gUnw 
rare  ;)  dyeing,  {tingere^fucare^fuco  medicare.) 

The  wool  seems  to  have  been  sometimes  put  up  in  round  balls, 
(glomerari  in  orbeSj)  before  it  was  spun,  Ovid,  ibid.  19.  HoraU  ep,  i, 
13.  14. 

Wool,  when  new  cut,  (recens  tonsa)  with  its  natural  moisture, 
was  called  SUCCIDA,  (a  succo,  Varr.)  so  mti/ter  ntcctda^  plump. 
Plant.  Mil.  iii.  1. 193.  It  used  to  be  anointed  with  wine  or  oil,  or 
awine's  grease,  to  prepare  it  for  being  dyed,  Juvenal,  v.  24.  P/m. 
vii.  48.  xxix.*2.  Varr.  R.  R.  ii.  11. 

The  loom,  {jnachina  in  qua  tela  tela  texitur,)  or  at  least  that  part 
to  which  the  web  was  tied,  was  called  JUGUAf ,  a  cylinder  or  round 
beam  across  two  other  beams,  in  this  form,  U,  resembling  the  jo^um 
ifrnominiosum^  under  which  vanquished  enemies  were  made  to  pass, 
Festtts  ^  Liv.  iii.  28. 

.  The  threads  or  thrums  which  tied  the  web  to  the  jugum,  were 
called  LICI A ;  the  threads  extended  longwise,  and  alternately  rais- 
ed and  depressed,  STAMEN,  the  warp,  (a  stando,)  beeause  the  an- 
cients stood  when  they  wove,  placing  the  web  perpendicularly, 
(whence  Radio  stanHs  (i.  e.  pendentis)  percurrena  stamina  teke,  Ovid, 
Mfet.  iv.  275.)  and  wrought  upwards,  (in  aUitudinem,  vel  8ur$wn  «er- 
sum,  Festus,)  which  method  was  dropt,  except  by  the  linen  weavers 
(LiNTEONBs  ;)  and  in  weaving  the  Tunica  Recta^  lb. 

The  threads  inserted  into  the  warp,  were  called  SUBTEMEN, 
the  woof  or  we/l,  (quasi  subteximen^  vel  substamen,)  some  read  *«*- 
tegemen,  but  improperly:  the  instruments  which  separated  the 
threads  of  the  warp,  ARUNDO,  the  reed ;  which  inserted  the  woof 
into  the  warp,  UADIUS,  the  shuttle  ;  which  fixed  it  when  inserted, 
PECTEN,  the  lay,  Ovid.  Met.  vi.  53.  vel  Sfatha,  Senec.  Ep.  91. — 
When  the  web  was  woven  upright,  a  thin  piece  of  wood,  like  a 
sword,  seems  to  have  been  used  for  this  purpose  ;  as  in  the  weaving 
of  Arras,  of  Turkey  carpeting,  Ac.  in  which  alone  the  upright 
mode  of  working  is  now  retained,  the  weft  is  driven  up  with  an  in- 
strument somewhat  like  a  hand,  with  the  fingers  stretched  out,  made 
of  lead  or  iron.  It  is  doubtful  whether  the  anciente  made  use  of 
the  reed  and  /ay  for  driving  up  the  weft  as  the  modems  do.  The 
principal  part  of  the  machinery  of  a  loom,  vulgarly  called  the  Caam 
or  Middles,  composed  of  eyed  or  hooked  threads,  through  which  the 
warp  passes,  and  which,  being  alternately  raised  and  depressed  by 
the  motion  of  the  feet  on  the  Treadles,  raises  or  depresses  the  warp, 
and  makes  the  shed  for  transmitting  the  shuttle  with  the  weft,  or 
something  similar,  seems  also  to  have  been  called  UCIA ;  hence 
lacta  uUb  addere,  to  prepare  the  web  for  weaving,  to  begm  to  weave, 

Fir^.  G.  i.  285.  ,    ^  .   u      ^     r   u 

When  figures  were  to  be  woven  on  cloth,  several  threads  ot  the 
warp  of  difierent  colours,  were  alternately  raised  and  depressed ;  ahd 
in  like  manner,  the  woof  was  inserted  ;  if,  for  instance,  three  rows  of 
threads  liria  licia)  of  difierent  colours  were  raised  or  inserted  toge- 

56 


4a  ROMAN  AMTIQinTifiS. 

ther,  the  cloth  waa  called  TRILEt,  wroaght  with  a  triple  twwe  w 
warp,  which  admitted  the  rainog  of  thready  of  any  particniar  coiow 
or  quality  at  pleasure,  Vhrg.  Mn.  iii.  467.  t.  2&9.  vii.  630.  80  nux, 
ja.  xii.  a75.  Hence  the  art  of  mixing  cdoara  or  gold  and  alver  m 
cloth :  thus,  FtH  piciuraioM  mri  subUmine  vetUt,  tamed  with  a  weft 
of  gold,  yirg.  ^n.  iiL  483.  The  warp  was  jo  called  TRAMA,  Se- 
fuc.  Ep.  91.  Hence  iramafigurtB,  dun  and  bones,  like  a  threadbare 
CQat,  Fen.  vi.  73.  But  Senrius  inakes  irama  the  same  with  tubiB- 
men^  Viig.  JEn.  iii.  483. 

The  art  of  embroidering  cloth  with  needle  work  (acu  pingere)  m 
said  to  have  been  first  invented  by  the  Phrygians ;  whence  such  veito 
were- called  PHnToioNU,  Plin.  viii.  48.  s.  74. — the  interweavkig  of 

EU,  (aurum  iniexere^)  by  King  Atialus ;  whence  Vbstbs]  Attauca, 
,  et  ProperL  uL  18.  1ft— the  interweaving  of  different  ooioun  (co- 
lores  diversos  pjcturm  iniexere)  by  the  Babylonians ;  hangings  and 
furniture  of  which  kind  of  cloth  for  a  dining-room  {trkliniaria  Bainf^ 
lomca)  cost  Nero  33,281/. :  13 : 4.  gmdragies  sesUrtio  ;  and  even  in 
the  time  of  Cato  cost  800,000  sestertii,  PUn.  ibid.— the  raising  of  se- 
veral threads  at  once  (plurimis  liciis  texere,)  by  the  people  of  Alex- 
andria in  £gypt,  which  produced  a  cbth  similar  to  the  Babylonian, 
called  PoLVJUTA,  {ex  ^oXu^,  mulUsSf  et  ^^rog^JUumy)  lb.  ^  Martial,  xiv* 
150.  Isidor.  xix.  ^  wroi^t,  as  weavers  say,  with  a  many^leoDid 
eaam  or  comb.  The  art  of  mixing  silver  in  clom  {argenium  injila  1I0- 
dticere,  etfilis  argenteis  vestimenia  cofUexere)  was  not  invented  till  un- 
der the  Greek  emperors  ;  when  clc^esof  that  kind  of  stuff  came  to 
be  much  used  under  the  name  of  VesTntcNTA  SvaMATiNA,  Sedmas. 
ad  Vopisd.  Aurelian.  46. 

From  the  operation  of  spinning  and  weaving,  FILUM,  a  thread,  is 
often  put  for  a  style  or  manner  of  writmg,  Cic.  LdsL  7.  Orat.  ii.  23. 
iii.  26.  Rsm.  ix.  12^  QelL  xx.  5.  and  ducerb  or  deducbbx,  to  writa 
or  compose :  JuvwaL  vii.  74.  thus,  Tenui  deducta  poematajilo,  i.  e. 
nJftiliorestUo  scripta,  Herat.  Ep.  ii.  1. 225.  So  deductwn  dicers,  c«r- 
men,  to  sing  a  pastoral  poem,  vn*itten  in  a  simple  or  humble  style. 
Virg.  Ed.  vi.  5— Optd.  Trist.  L  10.  18.  Ep.  xvii.  88.  Ptmt.  i.  5.  7. 
&  13.  also  TEXERB,  Oc.  Fom.  ix.  21.  Q.  fralr.  iii.  5.  and  nfile«er«, 
to  subjoin,  TUndL  iv.  1.  211. 

•  h^  "^J^  ancienUy  the  iamily  used  to  sup,  Stro.  in  Virg.  JEn. 

1.  726.  UL  353.  where  likewise  was  the  kitchen,  (Cotina,)  Brid. 

In  the  Atrnm,  the  nobiUty  placed  the  images  of  their  ancestors^ 
m;7.  35.  the  clients  used  to  wait  on  their  patrons,  Hwai.  Ep.  L  5. 
dl.J^p«iai.  vu.  71.  and  receive  the  «par(til«.    See  p.  380. 
^\}J^  xH^J^  adorned  with  pictuies,  statues,  plate,  Ac.  and  the 

2.  ft* JST^  aj  ^"*     P*  "^  "^^^  PINATHEC A,  Plin.  xxxv. 

«iJ^*2^S!;!!S  ^  """^""^  ^""*  ^  •^^^  ^"^  *^^  «to  different 

llJS.'^ wJ^  admitted,  according  to  their  different  degrees  of 
fi^vour ,  whence  they  were  called  amici  ADMISSIONIS  pnLa«  tf 


'  SPINNING  AND  WEAVING.  413 

fmnie,  Vd  ferljs  ;  which  durtinctian  is  said  to  hare  been  firat  iimde 
hif  C.  Ghraechiu  and  Ltviiii  Dnistts,  Senee,  dt  btnrf.  ti.  S3.  84.  Clem. 
L  I(K  Hence  those  who  admitted  persons  into  the  presence  of  the 
emperori  were  called  fis  orncio  AsaKsiovis,  Aiel*  Fe«p.  14.  vel 
AimissioirALXSy  Lamprid,  m  JlUx.  4.  and  the  chief  of  thera^  Maois- 
ma  ADnissiOKuii,  master  of  ceremonies,  VopUe.  Attreiian.  13.  usu- 
ally  freed*men,  Who  used  to  be  very  insolent  under  ¥reak  or  wicked 
pnnces,  PUtu  xxxiii.  3.  and  even  to  take  moneyTor  admissbn,  Senec* 
cMu<.  Sapient.  14.  but  not  so  under  good  princes,  Plin.  pamg.  47. 

There  was  likewise  an  dtriwn  in  temples ;  thus,  a/rt«m  lAberlaiiSf 
Cic  Mil.  93.  Liv.  txw.  7,  Tadt.  Hist.  L  31.  ArHum  in  publicum  in 
CanU^KOf  Lav.  xxiv.  10. 

In  the  hall  diere  was  an  hearth  (FOCUS),  on  which  a  fire  was 
kept  always  burning  near  the  gate,  under  the  chaige  of  the  janitor, 
Ovid.  Fast.  i.  135.  around  it  the  images  of  the  Laree  Were  placed ; 
whence  Lar  is  put  (or  focui^  ibid. 

The  ancients  had  not  chimneys  for  conveying  the  smoke  through 
the  walls,  as  we  hare ;  hence  they  were  much  mfested  with  itf  Ho- 
rai.  Sai.  i.  5.  81.  Vitntv.  vii.  3»  hence  also  the  images  in  the  hail  are 
called  FoMosJB,  Cie.  Pis^  I.  Juvenali  viiL  8.  and  Uecember  Fuico* 
sus,  from  the  use  of  fires  in  that  month,  MartiaL  ▼.  31.  5. 

They  burnt  wood,  Horat.  od.  i.  9. 5.  which  they  were  at  great 
pains  to  dry,  Id.  m.  17.  14.  and  anoint  with  the  lees  of  oi)^  (amurcat) 
to  jprevent  smoke,  P/ui.  xf.  8.  hence  called  ligma  ACAPNA,  {ex  a 
grto.  et  mwvog^funnu^)  Mart,  xiit  15.  vel  cocta,  nefumum/adtmtf 
Ulpian.  de  legg.  iii.  1. 53w  Cato  de  IL  R.  c  133. 

The  Itomalis  used  portable  furnaces,  {canum  portatUes^fornacei^ 
vA  -cil/«,  foculif  ignUahula  rel  tschira)  for  carrying  embers  and 
burning  coals,  {prwuB  Tel  carhones  ignitit)  to  warm  the  different 
apartments  of  a  house,  Suet.  Tib.  74.  FiL  8.  which  seem  to  hare 
been  placed  in  the  middle  of  the  room,  Cat.  de  re  rust.  18.  Colum. 
xi,  I. 

In  the  time  of  Seneca,  a  mediod  was  contrived  of  conveying  heat 
from  a  furnace  below,  by  means  of  tubes  or  canals  fixed  to  the  walls, 
(per  ItiAot  parietikus  impressosj)  which  warmed  the  rooms  more 
eqnally,  Senec^  ep.  90.  de  pr^roid.  4. 

4.  An  open  place  in  the  centre  of  the  house,  where  the  niin-wa- 
ter  fell,  and  which  admitted  light  from  above,  was  catted  IMPLU- 
VIUM,  or  Complmtum,  Festus  f  Varro  de  L.  L.  iv.  33.  Ascon.  in 
Cic  Varr.  i.  23.  Liv.  xliii.  15.  also  CAVjaniuii,  ot  Cavum  adium, 
Varr.  ibid.  Plin.  ep.  \u  17.  commonly  uncovered  (subdivale  ;}  if  not,f 
firom  its  arched  roof,  called  Tcstitdo,  Farr.  ibid. 

Yitmvius  dirccU  that  it  should  not  be  more  than  the  tliird,  nor 
less  than  the  fourth  part  of  the  breadth  of  the  Atrium^  vL  4. 

The  slave,  who  had  the  charge  of  the  Atrium  and  what  it  contain- 
ed, was  called  ATRIENSIS,  Petron.  25.  He  held  the  first  rank 
among  his  feHow-shwes,  Cie.  Top.  5.  Plaut.  Asin.  \u  3.  80.  and  ex- 
«t*eised  authority  over  them.  Id.  li.  4.  18. 

&  The  slee^ttg>  apartumnlii  m  a  bouse  was  cided  CVBlClJhh 


444  ROMAN  ANTIQUITIES. 

dormUorit^f  veJ  nociumOf  nocf u,  el  somni ;  for  there  were  also  cM" 
cula  diumOf  for  reposiDg  in  the  day-time,  P/tn.  ep.  i.  3.  ii.  17«  r* 
6. 

Each  of  these  had  commonly  an  anti-chamber  adjoining,  (Pbo- 
GorrcjH,  vel  Proeestriunit)  Ibid. 

There  were  alto  in  bed-chambers  places  for  holding  books,  in- 
serted in  the  walls,  {armaria  parieti  tn^erta,)  Id.  ii.  17. 

Any  room  or  apartment  in  the  inner  part  of  the  house,  wider  lock 
and  key,  as  we  say,  was  called  CONCLAVE,  vel  -turn,  Ter.  HeauC 
▼•  1. 39.  (a  con  et  clavis,  qudd  una  clavi  clauditur,  Fesius ;  vel  qudd 
intra  ewn  locmn  loca  mtdta  et  culncula  clausa  sunt^  adhcsrentia  tricli- 
y  nio^  Donat.  in  Ter.  Eun.  iii.  5. 35.)  put  also  for  the  Tricliniuh,  Oc^ 

VwT.  iy.  36.  OhK.  ii.  86.  qmnttxL  ix.  3.  Horai.  Sat.  ii.  6.  113. 

Among  the  Grreeks,  the  women  had  a  separate  apartment  frono 
the  men,  called  GYN^CIUM,  (/imuxiiov,)  Cic.  Phil.  iL  37.  Ter. 
Phorrn.  V.  6.  33. 

The  slaves  who  took  care  of  the  bed-chamber  were  called  CUBI- 
CULARII,  CXc.  Att.  vL  14.  Suet.  Tib.  31.  or  Cobicuijuues,  td.  Aer. 
38.  the  chief  of  them,  Propositus  cvbicoiiO,  vel  Decorio  cubicvla* 
RIORUM,  Smt.  Dom.  16  6c  17.  They  were  usually  in.  great  favour 
with  their  masters,  and  introduced  such  as  wanted  to  see  them.  Ok;. 
ibid.  For  the  emperors  often  gave  audience  in  their  bed-chamber ; 
th^  doors  of  which  had  hangings  or  curtains  suapeoded  before  them, 
(foribus  pratenia  vela,)  Tacit.  Ann.  5.  Suet.  CI.  10.  which  were 
drawn  up  ^levabaniur)  when  any  one  entered,  Senec.  q^.  81. 

The  eatmg  apartments  were  called  Canalionea^  Cmnacula,  vel 
3Vtc/tfit0.    See  p.  367. 

A  parlour  for  supping  or  sitting  in,  was  called  DMETA,  Plin.  ep. 
ii.  17.  Suet.  CI.  10.  sometimes  several  apaitments  joined  together, 
were  called  by  that  name,  or  Zrta,  Plin.  ep.  n.  17.  v.  6.  and  a  small 
apartment  or  alcove,  which  might  be  joined  to  the  principal  apart- 
ment, or  separated  from  it  at  pleasure,  by  means  of  curtains  and 
windows,  ZOTHEC A,  vel  -oi/a.  Ibid. 

DiATA,  in  the  civil  law,  is  often  put  for  a  pleasure-house  in  a  gar- 

??.•  .**  ^'•^*  *'•  '**  ^"^^  *^  ^y  Cicero,  for  diet,  or  a  certain  mode 
of  livmff,  for  the  cure  of  a  disease,  Att.  iv.  3.  It  is  sometimes  con- 
founded  with  cubieulum^  Plin.  ep.  vi,  16. 

Di^l  *E?fH?®?^/?''>*'^  *n  ^^  sun  was  called  SOLARIUM, 
Plaui.  Md.  n.  4.  35.  Suet.  CI.  10.  which  Nero  appointed  to  be  made 
^  the  portico  before  ^e  house.  Id.  Jfer.  16.  or  Heliocamikus^ 

The  apartments  of  a  house  were  variously  instructed  and  ar- 
rai^j^  at  difierent  times,  and  according  to  the  diffeient  taste  of  in- 
dividuals. 

The  Roman  houses  were  covered  with  tiles  (Ugulo!,)  of  a  con- 
stderable  breadth ;  hence  bricks  and  tiles  are  mentioned  in  Vi- . 
truvms  and  anaent  monuments,  two  feet  broad,  {bwedales:)  and 
agarret,  (c«»acW«m,)  covered  by  one  tile;  Suet.  Gramm.  IL 
WJMB  war  was  declared  against  Antony,  the  senators  were  tax* 


HOUSES  OF  THE  ROMANS.  445 

ed  4  ohdli  or  10  asses  for  every  tile  on  their  boases,  whether  their 
own  property  or  hired,  Dio.  xlvL  31.  In  Nonius  MaroeliuB  we 
read,  in  sifupJas  tegulas  impositis  sexcentis  sexcerUies  canfici  possSy 
c  ir.  03.  But  here  sexcentis  is  supposed  to  be  by  mistake  for  sex' 
nummiSf  or  singulas  Ugulas  to  be  put  for  singula  tecia^  each  roof. 

The  roo&  (tecta)  of  the  Roman  houses  seem  to  have  been  ge- 
nerally of  an  angular  fofm,  like  ours,  the  top  or  highest  part  of 
which  was  called  FAST16IUM,  Festus,  Virg.  JEn.  i.  442.  li.  4Sa 
758.  hence  operi  fasiigiwn  imponere^  to  finish,  Cic.  Off.  iii.  7.  put  also 
for  the  whole  roof,  Ctc.  Oral.  m.  46.  Q.fr.  iii.  1.  4.  but  particularly 
for  a  certain  part  on  the  top  of  the  front  of  temples,  where  inscrip- 
tions  were  made,  Plin.  pamg.  54.  and  statues  erected,  P/tyi.  xxxv* 
12.  s.  45.  xxxvi.  5.  Hence  it  was  decreed  by  the  senate,  that  Ju- 
lius CsBsar  might  add  a  Fastigium  to  the  front  of  his  house,  and 
adorn  it  in  the  same  manner  as  a  temple,  Fiar,  iv.  2.  Ctc.  PUL  iL 
43.  which,  the  night  before  he  was  slain,  his  wife  Calpumia  dreamt 
had  &llen  down,  Suet.  Jul.  81.  Plutarch,  in  Cms.  p.  738. 

From  the  sloping  of  the  sides  of  the  roof  of  a  nouse,  Fastioiuii' 
18  put  for  any  declivity ;  hence  Cloaca  fastwio  ducta^  sloping,  liv.  u 
38.  So  Obs.  B,  G.  i.  25.  ii.  24.  Fastioatus,  bendinff  or  sloping,  Cms. 
B.  G.  iL  8.  and  from  its  proper  signification,  vis.  the  summit  or  fop, 
it  is  put  for  dignity  or  rank  ;  thus,  Curatio  altiorfastigio  suo^  a  chaige 
supcorior  to  his  rank,  iio.  ii.  27.  Parifastigio  stetit^  with  equal  d^- 
nity,  J/ep.  xzv.  14.  In  cansulare  fastigium  provecius^  to  the  hcmoar  of 
consul,  Veil.  n.  69.  or  for  any  head  of  discourse ;  Summa  sequarfas' 
iigia  rerum.  I  will  recount  the  chief  circumstance,  Virg.  J^n.  L 
346.  also  for  depth,  as  altiiudo^  Serv.  in  Virg.  6.  ii.  S^.  The  cen- 
tre pf  the  inner  part  of  a  round  roof  of  a  temple,  where  the  beams 
jdned,  was  called  THOLUS,  Serv.  in  Virg.  Mn.  hi.  40a  Ovid. 
Fast  iv.  296.  the  front  of  which,  or  the  space  above  the  door,  was 
also  called  Fastigium,  Virg.  ibid.  But  any  round  roof  vras  called 
Thulus,  Martial,  ii.  59.  Vitmv.  i.  7.  5.  as  that  of  Vesta,  resembling 
the  concave  hemisphere  of  the  sky,  Ovid.  Fast.  vi.  282  d&  HOoi 
Whence  Dio  says,  that  the  Pantheon  of  Agrippa  had  its  name,  be* 
cause  from  the  roundness  of  its  figure  (doXof i df?  3v)  it  resembled  hea* 
▼en,  the  abode  of  the  gods,  liii.  27.  From  the  Tholus  ofierinss 
consecrated  to  the  gods,  as  spoils  taken  in  war,  &c  used  to  be 
suspended,  or  fixed  to  the  Fastigium^  Virg.  ib.  and  on  the  top  of  the 
noluSf  on  the  outside,  statues  were  sometimes  placed.  Mart.  i.  7L 
10. 

The  ancient  Romans  had  only  openings,  (foramina,)  in  the  walls 
to  admit  the  light;  FENESTRiE,  windows,  rfrom  ^oivu,  ostendoj 
hence  oc%d%  et  cures  sunt  quasi  fenestra  anmt,  Cic.  Tusc  i.  20.)  co- 
vered with  two  foMing  leaves,  {bifores  valva,)  of  wood,  Ovid.  Pont. 
iii.  5.  Afnor.  i,  5.  3.  and  sometimes  a  curtain,  Juvenal,  ix.  10.5.  hence 
said  to  be  joined,  when  shot,  Horat.  i.  25.  Cubiculum  ne  diem  quidem 
sestitf  nisi  apertis  feneslris,  Plin.  ii.  17.  iz.  36.  sometimes  covered 
with  a  net,  (fenestra  reticulata,  ne  quod  animal  maleficum  trUrotre 


44$  ROMAN  ANTIQUITIES. 

fiiiill,  VfliT.  R.  R.  ill.  70  occ^Qfially  shaded  by  ciirteiai,  (chdmdii 
9diit)  Plin.  ep.  yiL  21. 

Uiider  the  first  emperors,  windows  were  compoeed  of  a  certain 
transparent  stone,  eall^  LAPJS  SPECULARI8,  foand  first  in  Spaio, 
and  afterwards  in  Cyprus,  Cappadocia,  Sicily,  and  Africa,  which 
might  be  split  into  thin  leaves,  {Jindiiur  in  quumlibet  ienuM  cmslttt,) 
like  slate,  oiit  not  abore  five  feet  long  each,  Semec,  ep.  90.  PInL 
xttvi.  2^  SL  45.    What  this  stone  was  is  uncertain. 

Windows,  however,  of  that  kind  (SPECULARIA),  were  used 
only  in  the  principal  apartments  of  great  houses,  Senec,  ep.  86.  Nai, 
Q.  IV.  13.  in  gardens,  PUfu  xv.  16.  zix.  5.  Martial.  viiL  14.  called 
PsB«ptoyA  oiHaA,  lb.  68.  in  porticos,  Plin.  ep.  n.  17.  in  sedans,  (Ue* 
iietit)  Jovenal.  iv.  21.  or  the  like. 

Paper,  Knen  ck>tb,  and  horn,  seem  likewise  to  have  beeo  used  for 
windows ;  hence  conn kum  spBcmuta,  Teri.  de  Anim.  S9. 

The  Romans  did  not  use  glass  for  windows,  ahfaomfa  they  used  it 
for  other  purposes,  pertieularly  for  mirrors,  (speevda^  nor  w  it  yet 
imtversally  used  in  Italy,  on  account  of  the  heat4  GHaas  was  first  in- 
vented in  Phoenicia,  accidentally,  by  mariners  bamii^  nilre  on  the 
sand  of  tlie  sea-shore,  PKn.  xxzvL  96.  s.  65. 

Glass  windows- (Dilrca  ipecttfana)  are  not  ntentioned  till  about  the 
middle  of  the  fourth  century  by  Hieronynau^  (Si.  Jtranu^  ad  Ezeek., 
xl.  16.  first  used  in  England,  A.  D.  1177;  first  made  thele,  1&S6; 
but  plate-glass  for  coacl^s  and  lookins-glasses  not  til  1673. 

The  Romans,  in  later  times,  adomeathe  pavements  of  their  hoase» 
with  small  pieces  (crtf^l«,  vel  -a)  of  marble  of  cfifierent  kinds,  imd 
dUhreat  colours,  curiously  joined  together,  called  pavtihekta  wot i- 
Ujkf  Suet.  Qste.  46.  (Xi&wrrjwro,  Farro,)  vet  embiauata  vsmicvla- 
TA,  Cic.  Orat.  iii.  43.  or  with  smaH  pebbles,  (cafttUi^  vel  teesenB,  s. 
-^<^))  dyed  in  various  colours;  hence  called  Pavibbmta  tbssbx&a* 
VA,  Sttet.  lb.  used  likewise,  and  most  frequently,  in  ceilings,  Luemu 
X.  114.  in  after-times,  called  opus  m^usum^  ^el  musivum.  Moesoc 
work,  probably  because  first  used  in  caves  or  grottos  consecrated 
to  the  muses  (mtf^fo,)  Plin.  xxxvi.  31.  s.  43.  The  watts  also  used 
to  be  covered  with  crusts  of  marble,  lb.  6. 

Ceilings  were  often  adorned  with  ivory,  and  fnsttedor  formed  inia 
raised  work  add  hollows,  (laqueala  iecta^  Cic.  lew.  ii.  1.  LA(imiA« 
RU  vel  LAcuNABiA,  from  iacus  or  lacuna,  the  holbw  raterstiee  be^ 
tween  the  beams,  Serv.  in  Virg.  JEn.  1.  736.)  gilt,  (aurea^  Ibkl.  ft 
Horat.  od.  iL  11.  inaurata^  Plin.  xxxiii.  3.)  and  painted,  Plitu  xxxv. 
11.  s.  40.  Nero  made  the  ceiling:  of  his  dining-room  to  shift  and 
exhibit  new  appearances,  as  the  different  courses  or  disfaes  were  re- 
moved, Senec.  ep.  90.  Suet.  Mr.  31. 

VILLAS  and  GARDENS  of  the  ROMANS. 

Tax  magnificence  of  the  Romans  was  chiefly  concpicoomi  in  Aair 
country  villas,  Ctc.  de  legg.  iii.  13. 
VILLA  originally  denoted  a  farm-house,  and  its  appurtenances^ 


VILLAS  AND  GARDENa  447 

or  the  aocommodatkHii  requigite  foji  a  hasbandnian,  (quasi  ysua^ 

Iuo  fruchu  vehebanty  et  ttnae  vehebant,  ctun  venderenkir^  Yarn  R* 
L  i.  3.  14.)  hence  the  overieer  of  a  farm  was  called  VILLICUS ; 
and  his  wi»,  (oxom  liberie  et  GOHTUBBENitLis  itrvi,)  VILXICA*  Bui 
when  hixury  was  iDtroduced,  the  name  of  villa  was  applied  to  a 
number  of  building  reared  for  accommodating  the  fiunily  of  an 
opulent  Roman  citizen  in  the  comitry,  Cic.  Rose.  Com.  13.  hence 
some,  of  them  are  said  to  have  been  built  in  the  manner  of  cities,  in 
uHnum  m9dum  taadiJieaUB^  Sallust.  Cat  12.  JEdifieia  pfivaia,  laxi^ 
iatem  urbiibn  maffiarum  vincentiOf  Senec.  benef.  rii.  10.  Ep.  90* 
Horat  od.  ii.  15.  lii.  L  33. 

A  villa  of  this  kind  was  divided  into  three  parts,  Urbani,  Rosti^ 
CA,  and  Froctuaria.  The  first  contained  dinmg-rooms,  parloars, 
bed«chambers,  baths,  tennis-courts,  walks,  terraces,  (xy«<>),  dec, 
adapted  to  the  different  seasons  of  the  year.  The  villa  nutiea  con- 
tained accommodatbns  for  the  various  tribes  of  slaves  and  winrk* 
flsen,  stables,  dec.  and  the  Frucluaria,  wine  and  oil-cella'ra,  com-yardsj 
(fmUia  el  palearia)  barns,  granaries,  store-houses,  repositories,  for 
preserving  fruits,  {tq^rothecitj)  ^c.  Columel.  i.  4.  6. 

Cato  9M  Varro  include  both  the  last  parts  under  the  name  of  Yil- 
i»A  RvBTiCA,  Cat.  de  R.  R.  iii.  1.  ix.  1.  Farr.  xiii.  6.  But  the  name 
of  viUa  is  often  applied  to  the  first  alone,  without  the  other  two,  and 
called  by  Vitruvius,  FftBUDO-uasAMA ;  by  others,  Pratorivm,  SmL 
Aug.  73.  Col.  37.  TU.  8. 

In  every  villa  there  commonly  was  a  tower ;  in  the  upper  pact  of 
which  was  a  supping  room,  {cmncUio,)  where  the  guests,  while  re- 
dining  at  table,  mi^t  enjoy  at  the  same  'time  a  pleasant  prospect, 
Pljrt.  ep.  lu  17. 

Adjoining  to  the  Villa  rustica,  were  places  for  keeping  hens^* 
Gaujnaridii^  geese,  CHENOBocmK;  ducks,  and  wild  fowl,  Nesso- 
TBOpmuM ;  birds,  omithoiif  vel  Aviarxum  ;  dormice,  Gliharium  ; 
swine,  Suilc,  sc  etahtlunh  et  Aarce,  hogsties ;  hares,  rabUtSi  &e. 
Lbpo&auuic,  a  warren :  bees,  Apiarium;  and  even  snails,  Cogbe- 
l*BARB,  dec 

There  was  a  lai^  park,  of  fifty  acres  or  more  (iro^KTor),  for  deer 
and  wild  beasts,  Thbsiotrofhivii,  vel  vivarium,  GelL  ii»20.  but  the 
last  word  is  applied  also  to  a  fish-pond,  (Piscina,)  JuvenaL  iv*  51. 
or  an  oysler-bed,  Plin.  ix.  54  or  any  place  where  live  animals  were 
kept  for  pleasure  or  profit :  Hence  in  vivaria  miUerey  i.  e.  ladare^ 
mwuribue  et  observ€miia  omni  alicujus  hereditatem  caplare^  to  oouit 
one  for  bis  money,  Horat.  ep.  i.  1.  79.  Ad  vivatia  currtmt^  to  good 
Quarters,  to  a  place  where  plenty  of  spoil  is  to  be  had,  Jxjtverw.  iii. 

The  Romans  were  uncommonly  fond  of  gardens,  (Hortus,  vel 
oRTos,  ubi  arbores  et  olera  oriuntur,)  as  indeed  all  the  ancients  were : 
Hence  the  fabulous  gardens  and  golden  apples  of  the  HbspbrIdss, 
Virg.  /En.  iv.  484.  ofAdonis  and  Alcinous,  ib.  G.  ii.  87.  Ovidi  Am.  i. 
I€l  a6.  Pont.  TV.  3. 10.  Stat.  Sylv.  i.?.  81.  the  hangins  gardens  (pen* 
eiles  horti)  of  Semir&mis,  or  of  Cyrus  at  Babylon,  rlin.  xix.  4.  the 


448  ROMAN  ANTIQUITIES. 

gardens  of  Epicurus,  put  for  his  jymnof  item,  or  school*  llnd.  ei  CSc 

M.  xii.  23.  ««.  V.  3.  .      .^     ^    s 

In  the  laws  of  the  Twelve  Tables,  villa  is  not  roenUoned,  but  hortus 
in  place  of  it,  P/tn.  «6irf.  The  husbandmen  called  a  garden  altera 
fuccidia^  a  second  dessert,  or  flitch  of  bacon,  {ptma^  peidso  vel  lar- 
dum,)  which  was  always  ready  to  be  cut,  Cic.  Sen.  16.  or  a.saltad, 
(agbtaria,  •orum,  fadlia  concoquh  »«c  omratura  9tnsum  abo^  Plio. 
xix.  4.  s.  19.)  and  judged  there  must  be  a  bad  housewife  {ntqmm 
maUrfamiliaSf  for  this  was  her  chaige)  in  that  house  where  the  gir- 
den  was  in  bad  order,  (indiligens  horlus^  i.  e.  indiligentur  cuiius.) 
Even  in  the  city,  the  common  people  used  to  have  representations 
of  wardens  in  their  windows,  Plin.  ibid. 

In  ancient  times  the  garden  was  chiefly  stored  i^^ith  fruit-trees  imd 
pot-herbs,  (ex  horto  enim  plebti  tnacellum,  lb.)  hence  called  Hortos 
^  FiiiGUis,  the  kitchen  garden,  Firg.  G.  iv.  1 18.  Plifu  ep.  ii.  17.  and 
noble  families  were  denominated  not  only  from  the  cultivation  of 
certain  kinds  of  pulse  (Ugwnina^  Fabii^  LenttUi^  Pisonts^  &c  but 
also  of  lettuce,  Lacludni^  Plin.  xix.  4. 

But  in  after-times,  the  chief  attention  was  paid  to  the  rearing  of 
shady  trees,  Hbrat.  od.  ii.  14.  22.  tt  od.  xv.  4.  Ovid.  Aux.  29.  OLc. 
aromatic  plants,  flowers  and  eveigreens ;  as  the  myrtle,  ivy,  laurel^ 
boxwood,  ^c.  These,  for  the  sake  of  ornament,  were  twisted,  and 
cut  into  various  figures  by  slaves  trained  for  that  purpose,  called  TO- 
PIARII,  Plin.  ep.  iii.  19.  who  were  said  Topiakiam,  sc.  artem,  fa- 
CBRB,  Cic.  Q./r.  iii.  1.  2.  vel  opus  topiarium,  Plin.  xv.  30. 

Gardens  were  adorned  with  the  most  beautiful  statues,  Cic  Danu 

43.  Plin.  ep.  viii.  18.  f.  Here  the  Romans,  when  they  chose  it,  lived 
in.  retirement,  Cic.  Art.  xii.  40.  Suet.  CI.  5.  Tacit.  Ann.  jLvi.  34. 
and  entertained  their  friends,  Stnec.  ep.  21.  Mart.  iv.  64. 

The  Romans  were  particularly  careful  to  have  their  gardens  well 
watered,  (i%ut,  vel  irrigtdj)  and  for  that  purpose,  if  uiere  was  no 
water  in  the  ground,  it  was  conveyed  in  pipes  (inducebatvr  per  c«- 
nales,  vel^stulas  aquarias,  Plin.  ep.  v.  6.  per  tubos  plumbeos,  vel  /tg- 
neos,  Plin.  xvi.  42.  s.  81.  yel fettles,  seu  testaceos.  Id.  xxxi.  6.  s.  31.) 
These  aqussducts  (ductus  aquarwn)  were  sometimes  so  large  that 
they  went  by  the  name  of  Niu  and  Euaipi :  Cic.  leeg.  ii,  i. 

The  gardens  at  Rome  most  frequently  mentioned  by  the  Classics, 

were,  horti  Casaris,  Horat.  Sat.  i.  9.  18.  Suet.  83.  Lucuijj,  Tadi. 

^  f!*^"*  ^'  37.  Martiaus,  iv.  64.  Nshonis,  Tacit.  Ann.  xiv.  3.  xv, 

44.  *^WfPBii.  Ctc.  Phil.  II.  29.  Salldstii.  v.  -iani  ;  the  property  first 
of  Sallust  the  historian,  then  of  his  grand-nephew  and  adopted  son, 
•"^^  '^^^  "'•  30.^ft««'wards  of  the  emperors,  Id.  xiii.  47.  Hist. 
ill.  82.  Seneca,  Id.  xiv.  ^2.  Juvenal,  x.  16.  Tarquinii  Supbrbi, 
the  most  ancient  m  the  city,  Liv.  I  54.  Ovid.  Fast.  ii.  703.  Ac 

A^mg  the  garden  were  beautiful  walks,  (ambulacra  vel  -times,) 

Tl^l.T%         '        "^  ^  exercise,  (palcBstra,)  Cic  i<^.  iL 

Trees  were  often  reared  with  great  core  round  houses  in  the  city. 


AGMCtTLTURE.  449 

Harat.  ep.  1 10.  22.  TUulL  iiL  3,  15.  and  statues  placed  among 
them,  Cic.  Vcrr.  u  19. 

AGRICULTURE  of  the  ROMAI/S.  ' 

The  ancient  Romans  were  so  devoted  to  a^culture,  that  their 
most  illustrious  commanders  were  sometimes  called  from  the  plough ; 
thus,  Cincinnatus,  Ltv.  iii.  26*  Ctc.  Rose.  Am.  J18.  The  senators 
commonly  resided  in  the  country,  and  cultivated  the  sround  with 
Iheir  own  hands*  Ibid*  see  p.  15.  and  the  noblest  families  derived 
their  surnames  from  cultivating  particular  kinds  of  grain ;  as  the  Fa- 
Bii,  PisoNSSy  Lbntdli,  Cic£rone8,  &c.  PHti.  xviii.  1.  To  be  a  good 
husbandman  was  accounted  the  highest  praise,  (Bonus  colonus, 
vel  AORicuLA,  was  equivalent  to  Vm  Bonus,  Ibid.  3.  Cato^  R.  R.  Pr. 
3b  l^cuPLES,  rich,  q.  loci^  hoc  est,  agriplenui :  Pecuniosus,  fnpeco" 
rwn  cojna  ;  so  Assiduus,  ab  asst  dando,  Quinctil.  v.  10.  Ovid.  Fast 
▼.  280.  Gell.  X.  5.  Festus ;)  and  whoever  neglected  his  around,  or 
cultivated  it  improperly,  was  liable  to  the  animadversion  of  the  Cen- 
sors, Plin.  ibid* 

At  first  no  citizen  had  more  ground  than  he  could  cultivate  him- 
self. Romulus  allotted  to  each  only  two  acres,  Varr.  R.  R.  L  10. 
P/m.  xviii.  11.  called  Hsbredium,  {quod  hmrtdem  sequerentur^)  Id. 
and  Sobs,  Festus  ;  or  cespes  forluHus,  Horat.  od.  ii.  15*  17.  which 
must  have  been  cultivated  with  the  spade.  An  hundred  of  these 
sortes  or  heredia  was  called  Centuaria  ;  Columell.  i.  3.  Hence  in 
nullam  sortem  bonorum  natus^  i.  e.  partem  hereditatis^  to  no  share  of 
his  grandfather's  fortune,  lav.  i.  o4.  After  the  expulsion  of  the 
kings,  seven  acres  were  granted  to  each  citizen,  Plin.  xviiL  3.  which 
continued  for  a  long  time  to  be  the  usual  portion  assigned  them  in 
the  division  of  conquered  lands,  Liv.  v.  oO.  Val.  Max.  iv.  3.  5.  L. 
Quinctius  Cincinnatus,  Curius  Dentatus,  Fabricius,  Regulus,  &a 
had  no  more.  Id.  iv.  4.  6  &  7.  Cincinnatus  had  only  four  acres,  ac« 
cording  to  Columella,  praf.  &  i.  3.  and  Pliny,  xviii.  8. 

Those  whom  proprietors  employed  to  take  care  of  those  grounds, 
which  they  kept  in  their  own  hands,  were  called  VllXlCf,  Horat. 
ep.  i.  li  Cic.  Verr.  iii.  50.  Ati.  xiv.  17.  and  were  usually  oC  servile 
condition,  Ibid. 

Those  who  cultivated  the  public  grounds  of  the  Roman  people, 
and  paid  tithes  for  them,  were  also  called  Abatores,  whether  Io- 
nian citizens,  or  natives  of  the  provinces,  {provinciales  ;)  and  their 
farms,  Arationes,  Ctc.  Ferr.  iii.  20.  27.  53.  Phil.  ii.  37. 

But  when  riches  increased,  and  the  estates  of  individuals  were  en- 
larged, opulent  proprietors  let  part  of  their  grounds  to  other  citizens, 
who  paid  a  certain  rent  for  them,  as  our  farmers  or  tenants,  and  were 
properly  called  COLONI,  Cic.  Cassin.  32.  Piin.  ep.  x.  24.  Colum.  I 
7.  CONDUCTORES,  Flin.  ep.  vii.  30.  or  PARTIARIf,  because 
usually  they  shared  the  produce  of  the  ground  with  the  proprietor, 
Cains,  L  25.  §  6.  jf.  Looati  Plin.  ep.  ix.  37.    It  appears  that  the  Ro« 

67 


450  ROMAN  ANTIQUITIES. 

mam  geoerally  nve  leases  for  frre  yeanii  {singuliM  hutrU  pnSm 
locasit^)  Id.  ix.  37. 

AGRlCOLiE  was  a  general  name,  including  not  only  those  who 
ploughed  the  ground,  ( ARATORE8,  ftii  tvrram  arantf  rel  ipn  sua 
manu^  Tel  ptr  alios^  Cvc  Verr.  y.  38.)  but  also  those  who  reared 
vines,  (pMiortB  ;)  or  trees,  {arhoraUirts  ;)  and  shepherds,  (pot tore#.) 

At  first,  the  stock  on  the  farm  seems  to  have  belonged  to  the  pro- 

Erietor,  and  the  farmer  received  a  certain  share  of  tm  produce  for 
is  labour.  A  farmer  of  this  kind  was  called  POLITOlC  vel  Po/m- 
tor^  the  dresser  of  the  land,  or  Partiarius,  which  name  is  also  ap* 
plied  to  a  shepherd,  or  toaQyH>ne  who  shaied  with  another  the  fnnts 
of  his  industry.  Such  farmers  are  only  mentioned  by  Cato,  who 
Calls  those  who  fiairmed  their  own  grounds,  Colohi.  So  Virg,  tcL 
ix.  4.  But  this  word  is  commonly  used  in  the  same  jzenera!  sense 
with  agricolm :  J{(m  dominus^  sed  colonua^  Senec*  ep.  SB.  In  Cohi- 
mella,-ico/onttf  means  the  same  with  the  farmer  or  tenant  among  us, 
who  was  always  of  a  free  condition,  and  distinguished  from  VILLI- 
CUS,  a  bailiff  or  overseer  of  a  farm,  a  steward,  who  was  usually  a 
slave  or  freedman,  Colum.  1.  7.  Horai.  ep.  1.  14.  Cic.  Verr.  iiL  50. 
So  shepherds,  Virg.  Ed.  i.  28  &  41.  When  a  free-bora  citiaen  was 
employed  as  an  overseer,  he  was  called  PkocuaATOR,  Cic.  Caohu 
30.  Att.  xiv.  17.  Orai.  L  58.  and  those  who  acted  umier  him,  acto- 
BKS,  Plin.  ep.  iii.  10. 

The  persons  employed  in  rustic  work,  under  the  farmer  or  bailifi^ 
were  either  slaves  or  hirelings ;  in  latter  times,  chiefly  the  former, 
and  many  of  them  chained ;  See  p.  43.  Plin.  xviii.  4.  Martial,  ix.  33. 
Ovid.  Pont.  I  6.  31.  The  younger  Pliny  had  none  such,  Ep.  iiL  19. 
The  Romans  were  very  attentive  to  every  part  of  husbandry,  as 
Mpears  from  the  writers  on  that  subject,  Cato,  Yarro,  Vii^  Pliny, 
Columella,  Palladius,  &c. 

Soils  were  chiefly  of  su  kinds ;  fat  and  lean,  {pingue  vel  mucrten,) 
free  and  stiff*,  {eolutum  vel  tpiatwn^  rarum  vel  dmaum,)  wet  and  dty> 
(Aumjc&m  vel  iiccunh)  wluch  were  adapted  to  produce  difiennt 
crops.  Col.  ii.  2. 

The  free  soil  was  most  proper  for  vines,  and  the  stiff  for  com, 
5?'      "'  **^" 

The  quaUties  ascribed  to  the  best  soil  are.  that  it  is  of  a  Uackish 
TOlojir,  {terra  mgra  vel pulla,  Viig.  G.  iL  203.)  giutinoos,  vrhen  wet, 
16.  348.  and  easily  crumbled,  when  dry ;  has  an  agreeable  smell  and 
a  certam  sweetness,  lb.  238.  Plin.  xvii.  5.  imbit^  water,  retains  a 
E?if  L?JJ!^^^^^^^^    discharges  a  superfluity,  76.  when  ploughed,  ex- 


«V-# .  Tkl  ,— ^v«-6 -"-we,  uoi  nuning  tne  piougn-uxMis  with  satt- 
JSU^r^"??"r  *^"^^^  »>y  rookSf  crows,  £c.  and  when  at 
JSvii^^  ^SiS  *?W.^"''*''  P^^  *•  ^^g'  <?•  "•  217.    Land  for 

JS«,T;i.!^r!i7/^  ^^  *•  2.  47.  ground  for  pastun^. 
The  Romans  used  various  kinds  of  manui^  to  improve  the  SOU ; 


AGRICULTURE  451 

IHUtaonlirly  dang,  (/miu  Tel  stercutf)  which  they  were  at  great 
paina  to  collect,  and  prepare  in  don^iUs,  (sierquuinioj  vel  jinuiaA 
oonstmcled  in  a  particular  manner,  VoL  L  6.  Plin.  zxir.  19.  ti  xvii. 
9l  They  •ometimes  sowed  pigeon's  dang,  or  the  like,  on  the  fields 
Ifte  seed,  and  mixed  it  with  m  earth,  by  sarcling,  or  by  weeding- 
hooks,  (MTcii/a,)  CoL  ii.  1& 

When  dung  was  wanting,  they  nuxed  earths  of  diierent  qnalitiesi 
Aid.  they  sowed  lupines,  and  pk>a^[hed  them  down  for  manure,  (if  er^ 
csrandS  ogrt  canuA^  Varr.  R.  R.  i.  33.  Beans  were  used  by*  the 
Greeks  for  this  purpose,  HuapkroH^  viii.  9. 

The  Romans  also  for  manure  burnt  on  the  ground  the  stubble, 
(fHpHkm  urtkant,)  Yirg.  6.  i.  84.  shrubs,  (fimiita,)  PKn.  xviii.  & 
twws  and  small  branches^  {virgas  ti  Mirmetifa,)  Id.  35.  They  were 
weU  acquainted  with  lime,  (co/x,)  but  do  not  seem  to  have  used  it 
for  manure,  at  least  till  late.  Pliny  mentions  the  use  of  it  for  that 
porpose  in  Gaul,  xvii.  8.  and  hence  probably  it  was  tried  in  Italy. 
He  also  mentions  the  use  of  marl,  (MAR6A,)  of  Tarious  kinds,  both 
in  Britain  and  Gaul,  and  likewise  in  Greece,  called  there  Leucargit- 
/on,  xvii.  5.  &c.  but  not  found  in  Italy,  lb. 

To  carry  off  the  water,  {ad  aquam^  vel  tdiginem  mndam  deducen* 
dam^)  drsins  (Ihcilia,  tcI  fo8$€B  tnci/e#)  were  made,  both  covered 
and  open,  {aum  etpaltnies^)  according  to  the  nature  of  the  soil,  and 
waterauiTOWs,  {sulci  aquariif  vel  e/icei,  quod  undam  eliciunt,  Firg. 
O.  I  109.)  Cb/.  iL  3  &  &  Plin.  xviii.  C. 

The  instruments  used  in  tillage  vrere, 

ARATRUM,  the  ploush ;  concerning  the  form  of  which  authors 
are  not  agreed.  Its  chief  parts  were,  Taiio,  the  beam  ;  to  which 
the  jugum  or  yoke  was  fastened ;  STIVA,  the  plough  tail  or  han- 
dle ;  on  the  end  of  which  was  a  cross-bar,  {iransvtrna  reguta^  called 
Manicula,  vel  capulus,  Ovid.  Pont.  L  8.  57.)  which  the  ploughman 
{aratoTf  v.  btAulcus\  took  hold  of,  and  by  it  directed  tne  plough ; 
YoMEa,  vel  -em,  the  plough-diare ;  BURIS,  a  crooked  piece  of 
wood,  which  went  between  the  beam  and  the  plough-share ;  hence 
Aratrum  cusvum,  Ftrg.  Gf.  i.  170.  represented  by  Virgil  as  the 
principal  part  of  the  plough,  to  which  there  seems  to  be  nothing  ex- 
actly similar  in  modern  ploughs ;  to  it  was  fitted  the  Dbntale,  the 
share-beam,  a  piece  of  timber  on  which  the  share  veas  fixed ;  called 
by  Virgil,  duplici  denUUia  dono^  i.  e.  lato  ;  and  by  Varro,  dem  ;  to 
the  buns  were  also  fixed  two  aurbs,  supposed  to  have  served  in 
place  of  what  we  call  mold-boards^  or  tarth-boards^  by  which  the  fur- 
row is  enlaiged,  and  the  earth  thrown  back,  {rtgerHur  ;)  Cvltsr^ 
much  the  same  with  our  coulter,  PUn.  xviiL  18.  KALLA,  or  rulla^ 
vel  -urn,  the  plough-staff,  used  for  cleaning  the  plough-share.  Id.  19. 

The  Romans  had  ploughs  of  various  Kinds ;  some  vrith  wheels, 
earth-boards,  and  coulters,  others  without  them,  &c  The  common 
pk>ugh  had  neither  coulter  nor  earth-boards. 

The  other  instruments  were,  LIGO,  or  pala,  a  spade,  used  chiefly 
in  Ihe  garden  and  vineyard^  but  anciently  also  in  corn-fields»  X«9«  iiL 


452  ROMAN  ANTIQUITIES. 

26.  Herat,  od.  iil  6.  3S.  ie^.  i.  14  27.  Rastrum,  a  rake ;  SARCutoifr 
a  sarcle,  a  hoe,  or  weeding-hook ;  Bidbns,  a  kind  of  hoe  or  drag^ 
with  two  hooked  iron  teeth  for  breaking  the  clods,  and  drawing  up 
the  earth  around  the  plants,  Virg.  G.  ii.  400.  Ovid.  Am,  i.  13.  15. 
OccA,  vel  Crat£8  dbntata,  a  harrow,  Virg*  G.  i.  91.  PlifL  xriii.  18. 
bPBX,  a  plank  with  several  teeth,  drawn  by  oxen,  as  a  wain,  to  pull 
roots  out  of  the  earth,  Farr,  L.  L.  iv.  31.  Marra,  a  mattock,  or 
hand-hoe,  for  cutting  out  weeds,  Juvenal.  liL  31 1.  DoLABRA,an  ad* 
dice,  or  adz,  with  its  edge  athwart  the  handle :  .Sbcurib,  an  axe, 
with  its  edge  parallel  to  tte  handle ;  sometimes  joined  in  one ;  hence 
eddied  Securis  doiabrata  ;  used  not  only  in  vineyards  but  in  corn- 
fields, for  cutting  roots  of  trees,  ^c.  Col.  ii.  2.  The  part  of  the 
pruning  knife,  (Jalx^)  made  in  the  form  of  the  half-forttied  OKMn, 
\semiformis  luna,)  was  also  called  Sbcurib,  CaL  iv.  25. 

Tm  Romans  always  plou^ed  with  oxen,  usually  with  a  single 
pair,  {singulis  jugis^  vel  paribus^)  Cic.  Yen*,  iii.  21.  often  more, 
P/tfi.  xviii.  18.  sometimes  with  three  in  one  yoke,  Col.  vi.  2.  lOl 
What  a  yoke  of  oxen  could  plough  in  one  day  was  called  Jdgcm, 
Farr.  R.  R.  i.  10.  vel  Jugbrum,  Plin.  xviii.  3. 
•  Oxen,  while  young,  were  trained  to  the  plough  with  great  care, 
Virg.  G.  iii.  163.  Varr.  i.  20.  Col.  vi.  2.  The  same  person  managed 
the  plough,  and  drove  the  cattle,  (Rector,  Plin.  ep.  8. 17.)  with 
a  stick,  sharpened  at  the  end,  called  Sxiiiujlus,  (xsvrpov)  a  goad* 
They  were  usually  yoked  by  the  neck,  sometimes  by  the  horns,  Pliiu 
Tiii.  45.  Col.  ii.  2.  The  common  length  of  a  furrow,  made  without 
turning,  was  120  feet,  hence  called  Actus,  which,  squared,  and  dou« 
bled  in  length,  made  a  JUGERUM,  Plin.  xviii.  3.  Varr.  1 10. 1.  Col. 
r.  L  5.  used  likewise  as  a  measure  among  the  Hebrews,  1.  Saau 
xiv.  14 

The  exen  were  allowed  to  rest  a  little  at  each  turning,  Col.  ii.  2. 
Ctun  ad  vtrsuram  ventum  est^  vel  Cum  versus  peractus  eW,  i.  e.  cum 
sulcus  adfinem  perduclus  est ;  and  not  at  any  other  time ;  {nee  siri- 
gare  in  actu  spiriius,  i.  e.  nee  interguiescere  in  ducendo  sulco^  Plip. 
xviii.  19.  nee  in  media  parte  versurm  consistere^  Col.  ii,  2.) 

When  in  ploughing,  the  ground  was  raised  in  the  form  of  a  ridge, 
it  was  called  PORC  A,  (i.  e.  inter  duos  sulcos  terra  elata^  vel  eminens^) 
Varr.  R.  R.  i.  29.  Fest  in  Ibcporcitor,  or  LmA,  Col.  ii.  4.  But 
Festus  makes  porca  to  be  also  the  furrows  on  each  side  of  the  ridge 
for  canying  off  the  water,  properly  called  collica,  Plin.  xviii.  19. 
a.  49.  Hence  Lirarb,  to  cover  the  seed  when  sown  with  the  plotttfa, 
by  fixing  boards  to  the  plough-share,  Plin.  xviii:  20.  Varr.  L  29. 
when  those  side  furrows  were  made,  Col.  ii.  4.  These  ridges  are 
also  called  Sulci  ;  for  sulcus  denotes  not  only  the  trench  made  by 
the  plough,  but  the  earth  thrown  up  by  it,  Virg.  G.  i.  113. 

The  Romans  indeed  seem  never  to  have  ploughed  in  ridges  unless 
when  they  sowed.  They  did  not  go  round  when  they  came  to  the 
end  of  the  field,  as  our  ploughmen  do,  but  returned  in  the  same  tract. 
They  were  at  great  pains  to  make  straight  furrows,  and  of  equal 
breadth.    The  ploughmani  who  went  crookedi  was  said  DfiLOuaB, 


AGRICULTURE.  453 

(t.  e.  de  iirAdecedere ;  hence  a  recto  tt  aquo^  et  a  comm\mi  $€nsu  re* 
cedertj  to  dote,  to  have  the  intellect  impaired  by  age  or  paasion,  Ho* 
rat.  Ep.  i.  2. 14.  Ctc.  Orat.  ii.  18.)  and  PftAVARiCARi,  to  prevaricate  ; 
whence  this  word  was  transferred  to  express  a  crime  in  judicial 
proceedings^  P/m.  xriii.  19.  s.  49. — See  p.  225. 

To  break  and  divide  the  soil,  the  furrows  were  made  so  narrow, 
that  it  could  not  be  known  where  the  plough  had  ^ne,  especially 
when  a  field  had  been  frequently  ploughed,  lb.  This  was  occasion* 
ed  by  the  particular  form  of  the  Roman  plough,  which,  when  held 
upright,  only  stirred  the  ground,  without  turning  it  to  a  side. 

The  places  where  the  ground  was  left  uncovered,  (crudum  et  im* 
motuniy)  were  called  8CAMNA,  baulks,  lb.  ^  Col.  ii.  2. 

The  Romans  commonly  cultivated  their  ground  and  left  it  fallow 
alternately,  {alUmis^  sc.  anniSf)  Viin^.  G.  i.  71.  as  is  still  done. in 
Switzerland  and  some  provinces  of  France. 

They  are  supposed  to  have  been  led  to  this  from  an  opinion,  that 
the  earth  was  m  some  measure  exhausted  by  carrving  a  crop,  and 
needed  a  yearns  rest  to  enable  it  to  produce  anotim*,  or  from  the 
culture  of  olive-trees,  which  were  sometimes  planted  in  com-field9, 
and  bore  fruit  only  once  in  two  years,  CoL  v.  7.  8  &  9.  Varr.  i.  55. 
Piin.  XV.  3. 

A  field,  sown  every  year,  was  called  RE8TIBILIS ;  after  a  yearns 
rest  or  longer,  NOYALIS,  fcem.  vel  novate^  or  Ybiivactdie,  Plin^ 
xviii.  19.  s.  49.  {quod  vere  eemel  aratum  est.)  When  a  field,  after  be* 
ing  long  uncultivated,  {rudua  vel  crudus,)  was  ploughed  for  the  first 
time,  it  was  said  Proscindi  ;  the  second  time,  tieran,  vel  orrsiNoi, 
because  then  the  clods  were  broken  by  ploughing  across,  and  haN 
rowing,  Festus  ;  Plin.  xviii.  29.  the  third  time,  tertiary  LiBRAai,  vel 
m  liram  redigi  ;  because  then  the  seed  was  sown,  Varr.  L  29.  But 
four  or  five  ploughings  were  given  to  stiff  land,  sometimes  nine, 
Virg.  G.  i.  47.  Plin.  xviii.  20.  Plin.  Ep.  v.  6. 

To  express  this,  they  said,  tertiOf  quarto^  quinto  stdco  serere^  for 
ter^  qiuiter^  quinquieSf  arare.  One  day's  ploughing,  or  cAb^oking, 
was  called  Una  opesa  ;  ten,  decern  opertB^  CoT.  ii.  4. 

Mlow-ground  was'  usually  ploughed  in  the  spring  and  autumn ; 
dry  and  rich  land,  in  winter ;  wet  and  stiff  ground,  chiefly  in  summer : 
Hence  that  is  called  the  best  land,  {optima  seges,)  Bis  qujb  soiav, 
BIS  raiGORA  SBN8IT,  L  c.  bii  per  aitatem,  bis  per  hiemem  araiaf  Plin. 
xviii.  20.  Virg.  6.  i.  48.  Thus  also  seges  is  used  for  ager  or  terra^ 
Id.  iv.  129.  Cic.  Tusc.  ii  5.  Locus  ubi  prima  paretvr  arboribus  Sb- 
GES,  i.  e.  seminarium^  a  nursery,  l^irg.  G.  ii.  2to.  but  commonly  for 
«ato,  growing  corn,  or  the  like,  a  crop ;  as  seges  lini^  G;  i.  77.  or  me« 
taphorically,  for  a  multitude  of  things  of  the  same  kind ;  thus,  Seges 
virorum^  Ovid.  Met  iii.  110.  Virg.  G.  iL  142.  Seges  telorum^  Mn. 
liL  46.  Seges  glorvz^  a  field,  Ctc.  Mil.  13. 

The  depth  of  the  furrow  in  the  first  plouffhinff,  {cum  stdcus  altOts 
imprimereturf)  was  usually  three-fourths  of  a  toot,  or  nine  inches, 
{sulcus  poDRAirrALis,)  Plin.  xviii.  19.    Pliny  calls  ploughing  four 


454  ROMAN  ANTIQUrnES. 

fiogen  or  three  indiei  deep,  ScAKiricAiio,  R.  17.  temd^ndeo  mrmrt^ 
lb.  1&  lenui  ausptndere  sulcOf  Virg.  G.  i.  68. 

The  seed  was  sown  from  a  basket,  (Satoru,  sc.  oorbisy  irimodim 
contaioiiig  three  bushels,  CoL  ii.  9.)  It  was  scattered  by  the  baud, 
Cic.  Sen.  15.  Plin.  xviii.  24.  and  that  it  might  be  done  equaHy,  tho 
hand  always  moved  with  the  step  as  with  us,  lb. 

The  Romans  either  sowed  above  furrow,  (in  liVa,)  or  nnder  finr* 
row,  {nib  tii/co,)  commonly  in  the  latter  way.  The  seed  was  sown 
on  a  plain  surface,  and  then  ploughed,  so  that  it  rose  in  rows,  aad 
admitted  the  operation  of  hoeing.  It  was  sometimes  covered  with 
rakes  and  harrows,  (rastrisf  vel  craU  deniaiOf)  Plin.  zviii.  90. 

The  principal  seed-time,  (tempus  $ativum^  satianiSf  v.  femtfuOiefnit^ 
vel  imntnittrnfadendif)  especially  for  wheat  and  barley,  was  from  the 
autumnal  equinox  to  the  winter  soktice,  *  Virg.  O.  i.  206.  and  in 
spring  as  doon  as  the  weather  would  permit,  CoL  ii.  8.  Varr.  i.  34. 

T&  Romans  were  attentive  not  only  to  the  proper  seasons  for 
sowing,  but  also  to  the  choice  of  seed,  and  to  adapt  tne  quantity  and 
kind  m  seed  to  the  nature  of  the  soil,  Farr.  i*.  41  Firg.  G.  i.  193» 
Plin.  xviii«  24.  s.  55. 

When  the  growing  corns,  {segeies^  vel  sata^  -orum,)  were  loo  luzn- 
riant,  they  were  pastured  upon,  {depascebantur;)  Viig.  G.  i.  193. 

To  destroy  the  weeds,  two  methods  were  used ;  8ARCULATIO 
vel  sarritiOf  hoeing ;  and  RUNCATIO,  weeding,  pulling  the  weeda 
with  the  hand,  or  cutting  them  with  a  hook.  I^imetimes  the  grow- 
log  corns  were  watered,  (Hgitbaniur,)  Viig.  G.  i.  106. 

In  some  countries,  lands  are  said  to  have  been  of  surprising  fertiK'- 
ty,  (sata  cum  muUoJfiBnore  reddebant,  Ovid.  Pont«  i.  5. 26.)  yielding 
an  hundred  fold,  (ex  uno  centum^)  sometimes  more ;  as  in  Palestine; 
Gen.  xxvi.  12.  in  Syria  and  Africa,  Varr.  i.  44.  in  Hispania  BasiioB^ 
and  £gypt>  the  Leontine  plains  of  Sicily,  around  Babylon,  &c  Plin. 
xviii.  10  &  17.  but  in  Italy  in  general,  only  ten  after  one,  {ager  cvm 
dedmo  efficiebat^  efferebat^v. fundebiU ;  decimocumfanore  reddebai^) 
Varr.  i.  44.  as  in  Sicily,  Cic.  Verr.  iii.  47.  sometimes  not  above  foui^» 
(frununia  cum  quarto  respondebant,)  Col.  iii  3. 

_  * 

The  ffrain  chiefly  cultivated  by  the  Romans  was  wheat,  of  diflfer* 
ent  kinds,  and  called  by  different  names,  TRITICUM,  sUigo,  robuM^ 
also  Far,  or  ador^  far  adoreum^  vel  eemen  adoreum^  or  simply  ado- 
reum ;  whence  adohea,  warlike  praise  or  glory ;  Adored  aliquem  af- 
Jicere,  Plant  Amph.  i.  1.  38.  i.  e.  glorid,  v.  2.  10.  or  victory;  be- 
cause  a  certain  quantity  of  com  (ador)  used  to  be  given  as  a  reward 
to  the  soldiers  after  a  victory,  Horai.  od.  iv.  3.  41.  Plin.  xviii.  3» 
No  kind  of  wheat  among  us  exactly  answers  the  description  of  the 
Romanian    What  resembles  it  most  is  what  we  call  spelt. 

FAR  is  put  for  all  kinds  of  corn ;  whence  Fauna,  meal ;  farinm 
Milignea^  vel  triticea^  simila^  vel  eimilago^  floe  siliginis,  pollen  fn/tci, 
flour.  Cvmfueris  nostra  paulo  ante  farina^  i.  e.  generis  vel  gregis^ 
Pars.  V.  115. 

Barley,  HORDEUMi  vel  ordeutn^  was  not  so  much  cultivated  by 


AGRICULTURE.  459 

tlM  Romans  as  wheat  It  was  tbe  food  of  horses.  Col.  ▼!.  30.  some- 
times  used  for  bread,  {pmus  hordeaceus^)  Plin.  zviiu  7.  s.  14.  ^ven 
to  soldiers,  by  way  of  punishmeiit,  instead  of  wheat,  JUp.  xxyii.  13. 
In  France  and  Spain,  also  in  Pannonia,  Dio.  xlix.  36.  especially  be- 
tsn  the  introdoction  of  vineyards,  it  was'converted  into  ale,  as  among 
IIS,  called  eaUa,  or  ceria  in  Spain,  and  cervisia  in  France,  Plin,  m. 
S2l  the  fit>th  or  foam  of  which  {tpuma)  was  used  for  barm  or  yest  in 
bakiitt,  (pfoftrmento^'^  to  make  tne  bread  lighter,  zviii.  7.  and  by  wo- 
men for  miproving  then*  skin,  {ad  cuiem  nuinendam^)  Id.  xxii.  35.  s.  82. 
Oats,  AVEN^  were  cultivated  chiefly  as  food  for  horses ;  some* 
tiroes  also  made  into  bread,  (panii  avtnaceus.)  Avbna  is  put  for  a  de- 
generate grain,  {yUiumfrumenii^  cum  hordeum  in  earn  degenerate)  Plin. 
xviii.  17.  Uic  F^.  ▼.  30.  or  for  oats,  which  grow  wild  {eterilts  avena, 
L  e.  qum  nan  setvntur^)  Serv.  in  Virg.  EcL  ▼.  37.  6.  i.  153.  236. 

As  the  rustics  used  to  play  on  an  oaten  stalk  ;  hen<^  avena  is  put 
for  a  pipe,  {tibia^  veljiatulae)  Virg.  Eel.  i.  3.  iii.  37.  Mart&l.  viii.  3. 
So  calamiUf  siiptda^  arundo,  efrur,  diLC. 

Flax  or  lint  (LINUM)  was  used  chiefly  for  sails  and  cordage  for 
ships ;  likewise  for  wearing  apparel,  particularly  by  the  nations  of 
Gaul  and  those  beyond  the  Rhine,  Plin.  xix.  1.  sometimes  made  of 
sumrising  fineness,* /frtdL  The  rearing  of  flax  was  thought  hurtfol 
to  land.    Virgil  joins  it  with  oats  and  poppy,  O.  i.  77. 

Willows  (iSULlCES)  were  cultivated  v>r  binding  the  vines  to  the 
trees  that  supported  them ;  (ot  hedges,  Virg.  O.  ii.  436.  and  for 
making  baskets.  They  grew  chiefly  in  moist  ground  ;  hence  udum 
$alietwn^  Horat.  od.  iL  5.  8.  Liv.  xxv.  17.  Cato  9.  So  the  osier,  n- 
ler;  and  broom,  genuto,  Yirg.  6.  ii.  11. 

Various  kinds  of  pulse  (legumina)  were  cultivated  by  the  Roipans ; 
FABA,  the  bean :  fnsum^  pease  ;  lupinumj  lupine ;  fasllMs^  phaselus^ 
vel pAof ed/ttf ,  the  kidney-beaQ ;  lens,  lentil;  cicerr,  cicerculOf  vicia 
V.  ervum,  vetches,  or  tares ;  aesamum^  v.  -a,  &c.  These  served  chiefs 
ly  for  food  to  cattle ;  some  of  them  also  for  food  to  slaves  and 
others,  e«>ecially  in  times  of  scarcity ;  when  not  only  the  seed,  but 
also  the  husks  of  pods,  {siHqua^)  were  eaten,  Horat,  ep.  ii.  1.  133. 
Pert,  iii.  35.  The  turnip  {rapum^  v.  -a,  vei  rapus^  was  cultivated 
for  the  same  purpose,  Plin.  xviii.  13. 

There  were  seversJ  things  sown,  to  be  cut'greeo  for  fodder  to  the 
labouring  cattle ;  as  ocwwm^  vel  ocymum^fanum  Grtsctim,  vtcid,  ci» 
eera^  ervum^  &c  dec.  particularly  tlie  herb  medica  ;  and  ciltfsus  for 
sheep,  Plin.  xiii.  34. 

The  Romans  paid  particular  attention  to  meadows,  (Prati,  quasi 
semper  parata,  Plin.  xviiL  5.)  for  raising  hay  and  feeding  cattle,  by 
cleaning  and  dunging  them,  sowing  .various  grass  seeds,  defending 
them  bota  cattle,  and  sometimes  watering  them,  Col.  ii.  17. 

Hay  (Fobnum)  was  cut  and  piled  up  in  cocks  or  small  heaps  of  a 
conical  figure,  (m  metas  extructum :)  then  collected  into  large  stadcs, 
or  placed  under  covert,  CoL  ii.  33.  When  the  hay  was  carried  off 
the  fieki,  the  mowers  (fcmisices^  vel  -ob)  went  over  the  meadows 
again,  (prata  silicitbatUf  I  e.faldbu9  con^tcabanif)  and  cut  what  they 


456  ROMAN  ANTIQUITIES. 

had  at  first  left  This  grass  was  called  sicilimenium^  and  disthigutsfaed 
Bcomfanum.    Late  hay  was  oalled  Fobnum  cabduii,  Pirn,  xviii.  28» 

The  ancient  Romans  had  Tarious  kinds  of  fences^  {septan  septM^  vel 
iepitmnta^)  a  wall,  {mactriay)  hedge,  wooden  fence,  and  ditch,  for  de^ 
fending  their  marches,  {limiUs^)  and  corn-fields,  Virg.  G*  i.  270.  and 
for  enclosing  their  ffardens  and  orchards,  but  not  their  meadows  and 
pasture-grounds.  Their  cattle  and  sheep  seem  to  have  pastured  in 
the  open  fields,  with  persons  to  attend  them.  They  had  parks  for 
^er  and  other  wild  oeasts,  CoL  ix.  prmf,  but  the  only  encloanres 
mentioned  for  cattle,  were  folds  for  confining  them  in  the  night- 
time, (itpia^  V.  stabula  bubilta^  ovilia,  capriliaj  &c.)  either  in  theopen 
air,  or  under  covering.     Virg.  Mn,  vii.  512. 

Corns  were  cut  down  {mttehaniur)  by  a  sickle,  or  hook,  or  by  a 
scythe ;  or  the  ears  {spicoi)  were  stripped  ofi*  by  an  instrument,  called 
Batilluh,  i.  e.  sermlaferrta^an  iron  saw,  Varr.  i.  60.  {Falx  verri- 
culata  rosiraia^  vel  denicUa^  merga^  vel  pecten  ;)  and  the  straw  after- 
wards cut,  Col.  ii.  31.  To  this  Virgil  is  thought  to  allude,  6.  i.  317. 
and  not  to  binding  the  com  in  sheaves,  as  some  ^pose ;  which  the 
Romans  seem  not  to  have  done,  CoL  ibid.  In  Gaul,  the  com  was 
.cut  down  by  a  machine  drawn  by  horses,  P/tn.  xviii.  30. 

Some  kinds  of  pxdsej  and  also  com,  were  pulled  up  by  the  rool, 
{velMantur,)  CoL  ib.  ti  ii.  10.  12.  Plin.  xviii.  30.  s.  72. 

The  Greeks  bound  their  corn  into  sheaves.  Homer.  II.  xviii.  550. 
as  the  Hebrews,  Gen.  xxxvii.  7.  wh6  cut  it  down  with  sickles,  taking 
the  stalks  in  handfuls,  (mtrgites^)  as  we  do,  Ruth.  ii.  15. 

The  corn  when  cut,  was  carried  to  the  threshing-floor,  {area^^  or 
barn,  {horreum^  or  in  a  covered  place,  adjoining  to  the  threshing- 
floor,  called  NuBiLARiUM,  CoL  ii.  21.  if  the  ears  were  cut  oflf  from 
the  stalks,  they  were  thrown  into  baskets,  Varr.  i.  1.  When  the 
pom  was  cut  with  part  of  the  straw,  it  was  carried  in  carts  or  wains, 
{plausira^)  z:a  with  us,  Virg.  iu  206. 

The  AREA,  or  threshing-floor,  was  placed  near  the  house,  CoL  i. 
6.  on  high  ground,-open  on  all  sides  to  the  wind,  of  a  round  figure, 
and  raised  in  the  middle,  Varr.  u  2. 

It  was  sometimes  paved  with  flint-stones,  CoL  i.  6.  but  usually 
laid  with  clay,  consolidated  with  great  care,  and  smoothed  with  a 
huge  roller,  Virg.  G.  i.  178. 

The  grains  of  the  corn  were  beaten  out,  {excutiebanlur^  <imde6an- 
<tir,  ierebanluTy  vel  exlerebatUur,)  by  the  hoofs  of  cattle  clriven  over 
it,  or  by  the  trampling  of  horses,  (eqttarum  gressibus^  Plin.  xvii.  30. 
Viig.  G.  iii.  132.  Col.  ii.  21.  hence  Area  dum  messes  sole  calenle  <e- 
ret ;  for  frumenta  in  area  terentur^  Tibull.  i.  5. 22.  or  by  flails,  (6iictt- 
liffusiest  vel  pertica^)  ibid,  or  by  a  machine,  called  Traha,  v.  Irakea^ 
a  dray  or  sledge,  a  carriage  without  wheels ;  or  TRIBULA,  vel 
-tim,  made  of  a  board  or  beam,  set  with  stones  or  pieces  of  iron,  (to- 
bula  lapidibits^  aut  ferro  asperala^)  with  a  great  weight  laid  on  it, 
and  drawn  by  yoked  cattle,  {jumentis  junctis^  Ibid,  et  Varr.  i.  52.) 

TribiUa,  a  threshing-machine,  has  the  first  syllable  Ions,  from  r;i^w, 
tero,  to  thresh:  but  tribulus,  a  kind  of  thistle,  (or  warlu(e  machine. 


AGRICULTURE.  457 

with  three  spikes  or  more,  for  thro  wbg  or  fixiii|[  in  the  grouod,  call- 
ed also  mtirex,  usually  plural,  tmu/ices^  v.  tributtf  caltrops,  Plin,  xix* 
1.  s.  6b  Cnri.  iv.  13.  f^egeL  iii.  24.)  has  tri  short,  from  c^,  three ; 
/3«\ii,  a  spike,  or  prickle. 

These  methods  of  beating  out  the  com  were  used  by  the  GredOt 
Abmer.  IL  %x»  495.  and  Jews,  haL  xxviii,  27. 

Com  was  winuDwed,  (venft/otoiur,)  or  cleaned  from  the  chaff, 
(acttt,  "triSf)  by  a  kind  of  shovel,  (viUlus^  pata^  vel  venttlabrumf) 
which  threw  the  com  across  the  wind,  Varr,  L  52.  or  by  a  sieve, 
(Tonnttf  vel  crifrrtim,)  which  seems  to  have  been  used  with  or  with- 
out  wind,  CoL  ii.  21.  as  among  the  Greeks,  Homer,  //.xiii.  588.  and 
Jews,  Ii.  XXX.  24.  Amos.  ix.  8.  Luke.  xxii.  ?1. 

The  Com,  when  cleaned,  (expurgaium^)  was  laid  up  in  jmnaries, 
{horrea  vel  granaria)  variously  constracted,  Plin.  xviii.  Sk  some- 
times in  pits,  {in  scrobibus^)  wliere  it  was  preserved  for  many  yeaft ; 
Varro  says  fifty,  //.  4r  Vdrr.  i.  57. 

The  straw  was  used  for  various  purposes ;  for  littering  cattle,  (/ye* 
corij  ovibtti  bubusque  sublemeba^urf  tmde  Stbambn,  v.  •turn  dictum^) 
Varr.  i.  I.  3.  for  fodder,  Plin.  xviii.  30.  and  for  covering  houses: 
whence  Culhen,  the  roof,  from  culmus^  a  stock  of  com,  Idi 

The  straw  cut  with  the  ears  was  properly  called  Palba  ;  that  left 
in  the  ground,and  afterwards  cut,  S  rRAMEn,  vel  atramentumf  vel  *ti' 
pula^  the  stubble,  which  was  sometimes  burnt  in  the  fields,  to  melio- 
rate the  land,  and  destroy  the  weeds,  Id.  <Sr  Virg.  G.  i.  84. 

As  oxen  were  chiefly  used  for  ploughing,  so  were  the  fleeces  of 
sheep  for  clothing ;  hence  these  animals  were  reared  by  the  Ro- 
mans with  the  greatest  care.  Virgil  gives  directions  about  the  breed- 
ing of  cattle,  (^ttt  cuttus  habendo  sitpecori ;)  of  oxen  and  horses  (ar- 
MXHTA,)  G.  iii.  49.  72.  of  sheep  and  goats,  (orboks,)  v.  286.  also  of 
dogs,  404.  and  bees,  iv.  as  a  part  of  husbandry. 

W  hile  individuals  were  restricted  by  law  to  a  small  portion  of  land, 
and  citizens  themselves  cultivated  their  own  farms,  there  was  abun- 
dance of  provisions,  without  the  importation  of  grain :  and  the  re- 
public could  always  command  the  service  of  hardy  and  brave  war- 
riors when  occasion  required.  But  in  after-ages,  especially  under 
the  emperors,  when  landed  property  was  in  a  manner  engrossed  by 
a  few,  Juvenal,  ix.  55.  and  their  immense  estates  in  a  great  measure 
cultivated  by  slaves,  Liv.  vi.  12.  Setuc.  Ep.  1 14.  Rome  was  forced 
to  depend  on  the  provinces,  both  for  supplies  of  provisions,  and  of 
men  to  recruit  her  armies:  hence  Pliny  ascribes  the  ruin  first  of 
Italy,  and  then  of  the  provinces,  to  overgrown  fortunes,  and  too  ex- 
tensive possessions,  {Latifundia^  sc.  nimis  ampla,  perdidere  Italiam  ; 
jam  vero  el  promnciaSf)  xviii.  3  &  6. 

The  price  of  land  in  Italy  was  increased  by  an  edict  of  Trajan, 
that  no  one  should  be  admitted  as  a  candidate  for  an  ofiice  who  had 
not  a  third  part  of  his  estate  in  land,  Plin.  Ep.  vi.  19w 


56 


458  ROHAN  ANTIQUITIE& 


PROPAGATION  of  TREES. 

Tbe  Romans  propagated  trees  and  shruba  much  in  the  aauM  way 
as  we  da 

Those  are  properly  called  trees  {arbor€$)  which  shoot  up  in  one 
great  stem,  body,  or  trunk*  («lt9v#,  trtmcus^  caudex^  yel  tiipes^)  and 
then,  at  a  good  distance  from  tne  earth,  spread  into  branches  and 
leaves,  {rami  et  folia ;)  shrubs,  (FRUTICES,  vel  virgulla,)  which 
divide  into  brandies,  (ramt,  t.  -Wt,)  and  twigs  or  sprigs,  (vtrfie,  ▼• 
•ti/«,)  as  so6n  as  they  rise  from  the  root  These  shrubs  whi^  ap* 
proach  near  to  the  nature  of  herbs,  are  called  by  Pliny,  i^ruiieeu 

Virgil  enumerates  the  various  ways  of  propagatira  trees  and 
shrubs,  («y/o<B/rt4tcetf IK,)  both  natural  and  artifioal ;  S.  iL  9.  Aec. 

I.  Some  were  thought  to  be  produced  spontaneously ;  as  the  osier 
{siUr);  the  broom,  <genuto  ;}  the  poplar  and  willow,  («a/i«.)  But 
the  notion  of  spontaneous  propasati^Mi  is  now  universaliy  exploded. 
Some  by  fortuitous  seeds ;  as  the  chesnut,  the  esculus^  and  oak ; 
Some  from  the  roots  of  other  trees ;  as  the  cherry,  (Cbrasus,  first 
brought  into  Italy  by  Lucullus,  from  Cerisus,  a  city  in  Pontus ;  A» 
U.  6§0.  and  120  years  after  that,  introduced  into  Britain,  P/tn.  xv. 
35.  8.  30.)  the  elm  and  laurel,  (laurust)  which  some  take  to  be  the 
bay  tree. 

II.  The  artificial  methods  of  propagating  trees,  were, — 1.  Bv 
suckers,  (8toix>nb8,  unde  cognomen^  8T0L0,  Plin.  xvii.  L  Fatr.  i. 
2.)  or  twigs  pulled  from  the  roots  of  trees,  and  planted  in  furrows 
or  trenches,  (sulci  y.foascB,) 

— 8.  By  sets,  i.  e.  fixing  in  the  ground  branches,  (rami,  v.  Ai/m,) 
sharpened  (actif»ma<t)  like  stakes,  aeuAo  robore  valti  vel  po/t,  cut  into 
a  pomt ;  sudes  ouadrifidiB,  slit  at  the  bottom  into  four,  Firg.  6.  iL 
^.  Plin.  xviL  17.  or  pieces  of  the  cleft  wood,  {caudices  tecii,)  Id.  or 
by  planting  the  trunks  with  the  roots,  (stirpes,)  Id.  When  plants 
were  set  by  the  root,  (cum  radkt  «erc6an<tfr,)  they  were  called  Yi • 
viRADicBs,  quicksets,  Cie.  Sen.  13. 

—3.  By  layers,  (propagints,)  L  e.  bending  a  branch,  and  fixiiig  il 
ia  tfie  earth,  without  diqoininff  it  from  the  mether-tree,  whence 
new  shooU  spring,  (viva  su&  ptaniaria  UrrAy)  v.  27.  This  method 
was  taught  by  nature  firom  the  bramble,  (•«  rtifto,)  jpihv.  xvii.  13.  s. 
21.  It  was  chiefly  used  in  the  vines  and  myrtles,  Vitg.  G.  ibid^  v. 
63.  the  former  of  which,  however,  were  more  frequently  piopa- 
gated.  ^^ 

—4.  By  slips  or  cuttings,  small  shoots  cut  fit>m  a  tree,  and  plant- 
ed in  the  nx>und,  («tircti/i,  et  M allcoli,  i.  e.  surculi  airinqite  cmiiu^ 
loh)  with  knops,  or  knobs,  i.  e.  protuberances^  on  each  side,  Kke  m 
small  hammer,  Plin.  xvii.  21. 

--5.  By  grafting,  or  ingrafting,  (INSITIO,)  i.  e.  inserting  a  cioo, 
a  shoot  or  sprout,  a  smalj  branch  or  grafi;  (iradux  v.  surculus,)  of 
one  tree  into  the  stock  or  branch  of  another.  There  were  several 
ways  of  ingrafting ;  of  which  Viigil  describes  only  one ;  namely. 


L  _ 


PROPAGATION  OF  TREES.  459 

wlnt  is  called  cleft  mftiog ;  which,  was  performed  by  cleaving  the 
bead  of  a  stock,  and  patting  a  cion  from  another  tree  into  the  cleft, 
{ftrmeu  jplanUB  tnumttuniur^  Ibid.  y.  78.  Alitrnu  ramos  vtriert  in 
MtUriut^  31 ;)  thus  beantifully  expressed  by  Ovid,  Fissaqut  adopti' 
va$  aec^  arbor  apes^  Medic  fac.  6. 

It  is  a  received  opinion  in  this  coontry,  that  no  graft  will  succeed 
unless  it  be  upon  a  stock  whicii  bears  fruit  of  the  same  kind.  Bui 
;il  and  Odumella  say,  that  any  cion  may  be  grafted  on  any  stock, 
us  Murculus  omni  arbori  interi  potest^  ai  non  est  ei,  cui  inseritur^ 
cariice  dissimUist  CoL  v.  1 1.  as  apples  on  a  pear-stock,  and  comets, 
er  Cornelian  cherries  on  a  prune  or  plumnrtock,  Fir^.  O.  iL  33.  ap« 
pies  on  a  plane-tree,  pears  on  a  wild  ash,  d&c.  v.  70.  Plin.  xv.  1.  5. 
s«  17. 

Similar  to  ingrafting,  ii  what  goes  by  the  name  of  inoculation,  or 
buddiog,  {oeulos  imponere^  inoculartj  v.  -af  to.)  The  parts  of  a  plant 
whence  it  budded,  (undt  gtrminartt^)  were  called  OCULI,  eyes, 
P/tn.  xvii.  21.  s.  3d.  and  when  these  were  cutoff,  it  was  said  occcs' 
carif  to  be  blinded.  Id.  xvii.  22. 

Inoculation  was  performed  by  making  a  slit-in  the  bark  of  one  tree, 
and  inserting  the  bud  (gemma  r.  germen)  of  another  tree,,  which 
united  with  it,  v.  73.  called  also  Empiastratiq,  CoL  v.  11.  But 
''Pliny  seems  to  distinguish  them,  xvii.  16.  s.  26.  The  part  of  the 
bark  taken  out,  {pars  txsmpta;  angustus  in  ipso  nodo  sinus f)  was 
called  ScuTVLA  v.  tbssxlla,  the  name  given  also  to  any  one  of  the 
amall  divisions  in  a  chequered  table  or  pavement,  Id,    See  p.  446. 

Forest-trees,  (arbores  sghesires^)  were  propagated  chiefly  by 
eeeds.  Olives  by  truncheons,  {trunci,  caudiees  secti^  v.  lignum  «tc- 
cwn,)  i.  e.  b^  cutting  or  sawing  the  trunk  or  thick  branches  mto 
pieces  of  a  loot,  or  a  foot  and  a  half  in  length,  and  planting  them ; 
whence  a  root,  and  soon  after  a  tree  was  formed,  Ftrg,  O.  li.  30  dc 
63. 

Those  trees  which  were  reared  only  for  cutting,  were  called  Ar- 
BORBS  cADVMj  OT  lyhich,  being  cut,  sprout  op  again,  (succis€B  repuU 
iulatU,)  from  the  stem  or  root,  Plin.  xii.  19.  Some  trees  grew  to  an 
immense  heu;ht.  Pliny  mentions  a  beam  of  larix  or  larch  120  feet 
long,  and  2  feet  thick,  xvL  40.  s.  74. 

The  greatest  attention  was  paid  to  the  cultivation  of  vines.  They 
were  planted  in  ground  well  trenched  and  cleaned,  (m  pastinaio^  sc. 
4u^,)  in  furrows^  or  in  ditches,  P/tn.  xviL  22.  disposed  in  rows, 
either  in  the  form  of  a  square,  or  of  a  quincunx^  Virg.  G.  ii.  277. 
The  uttermost  rows  were  called  Antss,  Id.  417.  4^  Festus. 

When  a  vineyard  wa8  dug  up,  (refodiebalur^)  to  be  planted  anew, 
at  was  properly  said  rtpastinari^  from  an  iron  instrument  with  two 
forics,  called  pasClnum^  CoL  iii.  18.  which  word  is  also  put  for  a  field 
ready  for  planting,  {agtr  pasiinaius.)  Ail  old  vineyard  thus  prepared 
was  called  VniBTUif  rbstibilb,  Id. 

The  vines  were  supported  by  reeds,  {arundines^  or  round  stakes, 
(rALi  I  whence  viisspalare^  L  e^fulcir^  velpedare^)  or  by  pieces  of 


400  ROMAN  ANTIQUITIES. 

deft-oak  or  olire,  not  round,  (ruftctf,)  Plin.  xvii.  22.  which  served 
as  props,  {admimcula^  v.  pedammla  ;)  round  which  tlie  tendrils  {cla- 
viculcBf  V.  capreolif  i.  e.  collicvli  v.  cauliculi  vitet  mtoriu  ut  dnctnnt. 
Van*.  1.  31.)  twined.  Two  reeds  or  stakes,  {valli  furcmgue  biden- 
ttSf)  supported  each  vine,  with  a  stick,  ( perftca,)  or  reed  acrolB,  call- 
ed JuouM  or  CANrHBRiOM,  Col.  iv.  12.  and  the  tying  of  the  vines  to 
it,  Capitum  conjugatio,  et  relioatio,  Ctc.  Sen.  1&  was  effected  by 
osier  or  willow-twigs,  many  of  which  grew  near  Ameria  in  Umbria, 
Firg.  O.  i.  265.  Col.  iv-  30-  4.  Plin.  xvi.  37.  s.  69. 

I^metimes  a  vine  had  but  a  single  pole  or  prop  to  support  it,  with- . 
out  a  jugum  or  cross-pole ;  sometimes  four  poles,  with  a  jugvm  to 
each;  <jience  called  vitis  Comfluviata,  (a  cavis  adtum  compltmit^) 
Plin.  xvii.  21.  if  but  one  Jt/gum,  uni  jpoA,  22.  Concerning  the  fast- 
ening of  vines  to  certain  trees,  see  p.  381.  The  arches  formed  by 
the  branches  joined  together,  (cian  paln^Us  sarmento  inter  se  jungtm* 
ter  funium  modot)  were  called  Foneta,  Plin.  xvii.  22.  and  branches 
of  elms  extended  to  sustain  the  vines,  Tabulata,  stories,  FtVg.  G. 
ii.311. 

When  the  branches,  (palmites  v.  pampini^  were  too  luxuriant, 
the  superfluous  shoots  or  twigs  {sarmento)  were  lopt  off  with  the 
pruning-knife,  (ferro  amputata^  Cic.  Sen.  ISi.  Hence  Yjtbs  com^ 
pescere  vel  castigare  ;  comas  stringere^  brachia  tendere^  Viig.  G.  ii* 
368.  Pampinare  (ov  pampinos  decerpere^  to  lop  off  the  small  binncb- 
es,  Plin.  xviii.  27. 

The  highest  shoots  were  called  Flagblla,  KtVg.  G.  ii.  299.  the 
branches  on  which  the  fruit  grew,  Palm je  ;  the  ligneous,  or  woody 
part  of  a  vine,  Materia  ;  a  branch  springing  from  the  stock,  Pampi- 
NABipM ;  from  another  branch,  Fructuarium  ;  the  mark  oCahack  or 
chop.  Cicatrix  ;  whence  cicalricosus,  Plin.  xvii.  22.  Col.  v.  6. 

The  vines  supported  by  cross  stakes  in  dressing,  were  usually  cot 
in  the  form  of  the  letter  X,  which  was  called  Decussatio,  Cohm. 
iv.  17. 

The  fruit  of  the  vine  was  called  UVA,  a  grape ;  put  for  a  vine, 
Virg.  G.  ii.  60.  for  wine,  Horat.  od.  i.  20. 10.  for  a  vine  branch,  (pdm- 
Tpinus^)  Ovid.  Met.  iii.  666.  for  a  swarm  (examen)  of  bees,  Virg.  G. 
IV.  558.  properly  not  a  single  berry,  {acinus,  v.  -tmi,)  Suet.  Aug.  76. 
but  a  cluster,  (racemus,  l  e.  acinorum  congeries,  cum  pediculis.)  Col. 
XI.  2. 

The  stone  of  the  grape  was  called  Vinacbus,  v.  .tmi,  or  acinus  ri- 
naceus,  Cic.  Sen.  15.  Any  cluster  of  flowers,  or  berries,  {racemus  in 
orbem  circwnactus,)  particularly  of  ivy,  {hedera.)  was  called  CO- 
RYMBUS,  Plin.  xvi.  34  Virg.  Eel.  iii.  39.  Ovid.  Met.  iii.  665.  cro- 
cei  corymbi,  i.  e.  flores,  CoL  x.  301. 

The  season  when  the  grapes  were  gathered,  was  called  Vindsmia, 
the  vintage,  (a  vino  deraendo,  i.  e.  uvis  legendis  ;)  whence  vindemia^ 
tor,  a  gatherer  of  grapes,  Horat.  Sat.  i.  7.  30. 

Vineyards,  ( VINEiE  vel  vineta,)  as  fields,  were  divided  by  cross 
paths,  called  LIMITES ;  (hence  iimitare,  to  divide  or  separate ;  and 
limes,  a  boundary.)  The  breadth  of  them  was  determined  by  law : 


PROPAGATION  OP  TREES.  461 

See  lex  Mamiua.  A  path  or  road  from  east  to  west,  was  called 
DECIMANU8,  sc.  limes^  (a  mentura  denAm  actvum  ;)  from  south 
to  north*  CARDO,  {a  cardine  mundif  i.  e.  the  north  pole ;)  thus. 
Mount  Taurus  is  called  Cardo,  Liv,  zxxTii.  34.  or  semiia  ;  whence 
$emitare^  to  divide  by-paths  in  this  direction,  because  they  were 
usually  narrower  than  the  other  paths.  The  spaces,  {areas^)  includ- 
ed between  two  iemiite^  were  called  Paoira,  comprehending  each 
the  breadth  of  five  pali^  or  capita  vitium^  distinct  vines,  Plin,  xvii.  22. 
Hence  agri  Compaq  in  antes,  contiguous  grounds. 

Vines  were  planted  (serebantur)  at  dinerent  distances,  according 
to  the  nature  of  the  soil,  usually  at  the  distance  of  five  feet,  some* 
times  of  eight ;  of  twenty  feet  by  the  Umbri  and  Ma¥n^  who  plough- 
ed and  sowed  com  between  the  vines,  which  places  they  called 
PoRCULBTA.  Vines  which  were  transplanted,  {translata^)  bore  fruit 
two  years  sooner  than  those  that  were  not,  {aatm^)  Plin.  ibiiL 

The  Limitei  Dbcumani  were  called  peorsi,  i.  e.  jporro  vertip 
straight;  and  the  Carduies  trartsvertij  cross,  Festus.  From  the  cle- 
cumani  being  the  chief  paths  in  the  field ;  hence  decumaitus  for  mag* 
nus  ;  thus,  Ova  vel  poma  decumanOf  Festus.  Acipenser  decitmamUf 
large,  Cic,  Fin.  ii.  8.  So  Ftuctus  decimanus^  vel  aedmus^  the  great- 
est, Ovid.  Trisi.  i.  2.  49.  Met.  xi.  530.  SU.  xiv.  122.  Lucan.  v.  672. 
Senec.  Agamm.  502.  as  r^ixufMa,  iertiut  JluctUB^  among  the  Greeks. 
LmiTEs  is  also  put  for  the  streets  of  a  city,  Liv.  xxxi.  24. 

Pliny  directs  the  limites  decumamin  vineyards  to  be  made  eiffhteen 
feet  lm>ad ;  and  the  cardines^  or  transversi  Umites,  ten  feet  oroad, 
PHn.  xvii.  22.  s.  35. 

Vines  were  planted  thick  in  fertile  ground,  {pingui  campo^  and 
thinner  on  hills,  but  always  in  exact  order,  {ad  unguent^  Vii]g.  6.  ii. 
277. 

The  Romans,  in  transplan^ng  trees,  marked  on  the  bark  the  way 
each'stood,  that  it  might  point  to  the* same  quarter  of  the  heaven  in 
the  place  where  it  was  set,  Virg.  G.  ii.  269.  Columell.  de  Arbor.  17.  4. 

In  the  difierent  operations  of  husbandry,  they  paid  the  same  at- 
tention to  the  risinff  and  setting  of  the  stars,  as  sailors.  Id.  Q.  i.  204. 
also  to  the  winds,  ld.5\.  iii.  5^3. 

The  names  of  the  chief  winds  were,  AqvUo^  or  Boreas^  the  north 
wind ;  Ztphyrue  vel  Favonius^  the  west  wind  ;  Autttr  v.  NoIub^  the 
south  wind  ;  Euros,  the  east  wind  ;  Corus^  Caunu,  vel  JSapix,  the 
north-west ;  Africus^  vel  Lias,  the  south-west,  Senec.  JSTat.  Q.  v.  16. 
Voliurnus^  the  south-east,  &c.  But  Pliny  denominates  and  places 
some  of  these  differently,  ii.  47.  xviii.  33  &  34.  Winds  arising  from 
the  land  were  called  Altanti^  or  apogai  ;  frgm  the  sea,  tropai^  Plin. 
iL44. 

The  ancients  observed  only  four  winds ;  called  Venti  Cardinalbs, 
Serv.  in  Virg.  i.  131.  because  they  blew  from  the  four  cardiqpl  points 
of  the  world,  Plin.  ii.  47.  Homer  mentions  no  more,  Odyss.  E.  295. 
So  in  imitation  of  him,  Ovid.  Met.  i.  61.  Trist.i.  2.  27.  and  Mani- 
Jius,  Aetron.  iv.  589.  Afterwards  intermediate  winds  were  added, 
first  one,  and  then  two,  between  each  of  the  venJti  Cardinalei. 


482  ROMAN  ANTIQUITIES. 


CARRIAGES  of  the  ROMAJ/S. 

The  carriages  (Vkbicul Ay  vectabulOf  ▼.  -acula)  of  the  andeiiCa, 
were  of  variooa  kiadB ;  which  are  said  to  have  been  inveoted  by  dif- 
ferent persons ;  by  Bacchus  and  Cerbs^  TUulL  li.  1.  4SL  Minerra, 
Cic.  MU.  D.  iii.  34.  Erichthonius,  Farg.  G.  m.  113.  the  PhrygiaB^ 
Ptin.  vii.  56,  &c. 

Beasts  of  burden  were  most  anciently  used,  {mnimalia  Tel/Mmat- 
to  D08SUARIA,  vel  dormalia,  from  dorsum,  i.  e.  tota  poHmor 
pan  carporiif  quod  ea  devtxafii^  decMwim,  /e»lti».)  A  dorser,  dorael, 
or  doaser,  a  pannel,  or  pack-saddle,  {cliitlla  vel  titiUum^)  was  laid  on 
them  to  enable  them  to  bear  their  burden  more  easily,  used  chiefly 
on  asses  and  mules;  hence  Clitkllarii,  humorously  applied  to 
porters,  gtryUi  vel  bajuli^  Plaut  Most  iii.  2. 94.  but  not  oxen ;  henee 
CuTELLJE  Bovi  SUNT  I M  POSIT  A,  whcn  a  task  is  imposed  on  one, 
which  his  is  unfit  for,  Cic.  Alt.  v.  15.  Bos  clitbllas,  sc  porUU. 
QuinctiL  ▼•  11. 

This  covering  was  by  later  writers  called  SAGMA^  put  also  for 
sella  or  qi^hippiumf  a  saddle  for  riding  on :  hence  jumtnla  sagma- 
BiA,  vel  earcenariaf  et  SELLARiAy  Feget.  ii.  10.  Lamprid.  Heli/og.  4. 
sometimes  with  a  coarse  cloth  below,  (Cbnto,  vel  cenHunadme^  a 
saddle  cloth. 

A  pack-horse  was  called  Caballus,  of  CAKTHBRtus,  v.  •imt,  sc. 
jununtumf  (auasi  carenterius,  i.  e.  eqwa  castratw^  a  gelding ;  qki 
hoc  distal  ao  equo^  quod  majalis  a  vtrrt^  a  barrow  or  hog  irom  a 
boar,  capuB  a  gallo^  vcrvex  ab  arte<e,  Varro.  de  re  Rust.  ii.  7.  fin.) 
Cic.  Fam.  ix.  1 8. 

^  Hence  minime  sis  cantherium  infossa^  be  not  a  pack-horse  in  the 
ditch,  Liv.  xxiii.  47.  Some  make  cantherius  the  same  with  cHtetla^ 
riitf,  an  ass  or  mule,  and  read ;  Minims,  sc  descendam  in  viam ; 
Scis,  CAJNTUBRiUM  IS  FOSSA,  SC  fquus  habtbat  obvium^  i.  e.  you  know 
the  fable  of  the  horse  meeting  an  ass  or  mule  in  a  narrow  way,  and 
being  trodden  down  by  him,  Scheffer.  de  re  vehic.  See  Swinburne's 
Travels  in  the  south  of  Italy,  vol.  ii.  sect.  66.  Others  suppose  an 
allusion  to  be  here  made  to  the  -prop  of  a  vine,  Oronovius  in  loc. 

He  who  drove  a  beast  of  burden,  was  called  AGASO,  and  mofe 
rarely  Agitator,  Virg.  G.  i.  273.  A  leathern  bag,  {sacculus  «eor- 
teus)  or  wallet,  in  which  one  who  rode  such  a  beast  carried  his  ne- 
cessaries, was  called  Hippopera,  Stntc^  ep.  87.  Mantica,  Horat. 
Sat.  i.  8.  106.  p£RA,  vet  averta,  a  cloak-bag  or  portmanteau, 
Scholiast,  ib.  or  Buloa,  Festus. 

An  instrument  put  on  the  back  of  a  slave  or  any  other  person,  to 
help  him  to  carry  his  burden,  was  called  iERUMNULA,  (from  aptu^tol- 
lo^  FCRCA  vel  ruRciLLA,  Fesius.  Plavi.  Casin,  ii.  8.  2.  and  because 
Marius,  to  diminish  the  number  of  waggons,  which  were  an  incum- 
brance to  the  army,  appointed  that  the  soldiers  should  carry  thdr 
baggage,  (sarcirue,  vasa  et  cibaria^)  tied  up  in  bundles  upon /uro*, 
or  forks;  but  the  soldiers  and  these  furca  were  called  MULIMA- 


CARRIAGE&  46S 

RIANI,  FuL  in  ^ramnula,  ^  Frontin.  \w.  1.  7.  Plutarch,  in  Mar. 
EzPELLBRBy  yel  KJicBRK  BXTRUDBiiB  ruRCA,  vel  furciUd^  to  driye 
away  by  force,  Horat.  ep.  i.  10.  24.  Cic.  Alt.  xvi.  2. 

Any  thing  carried,  not  on  the  back,  but  on  the  shoulders,  or  in  the 
hands  of  men,  was  called  FERCULUM ;  as  the  dishes  at  an  enter- 
tainment, Suei.  Aug.  74  the  spoils  of  a  triumph,  UL  Cms.  2n.  the 
images  of  the  gods  at  sacred  games.  Id.  76.  the  corpse  and  other 
thiom  carried  at  a  funeral.  Id.  Col.  16. 

When  persons  were  carried  in  a  chair  or  sedan,  on  which  they 
sat^  it  was  caHed  SELLA,  gttiaioria^  portatoria^  v.  ftriwria^  Suet. 
Ner.  96.  or  Cathedra,  Juvenal,  i.  64.  vi.  90.  in  a  couch  or  litter, 
on  which  they  lay  extended,  LECTiCA,  vel  cubilb,  Suet.  Horn. 
^  Ovid.  A.  A.  i.  487.  used  both  in  the  city  and  on  journeys,  Tac. 
Hiil.  I  35.  Ann.  xW.  4.  Plin.  ep.  iii.  5.  Suet.  Oth.  6.  J^er.  36.  Vii. 
1&  sometimes  open,  and  sometimes  covered,  Cic.  PhiL  ii.  41.  Att. 
z.  ISL  with  curtains  of  skin  or  cloth.  Martial,  xi.  90.  11.  called  Pla- 
euLJB,  Suet.  Tit.  10.  which  were  occasionally  drawn  aside,  Stnec, 
SutL  7.  sometimes  with  a  window  of  glass  or  transparent  stone,  Juv. 
iii.  343.  iv.  30.  so  that  they  might  either  read  or  write,  or  sleep  in 
them,  Ju9»  iii.  349.  There  were  commonly  some  footmen  or  lackeys^ 
who  went  before  the  sedan,  (cuasoaxs,)  Petron.  38.  Senec.  ep.  133. 

The  ielks  and  lectica  of  women  were  of  a  different  construction 
from  tboae  of  men ;  hence  eella  vel  lectica  mti/t«6m,  Suet.  Oth.  6. 
The  cathedra  is  supposed  to  have  been  peculiar  to  women,  Jwo.  vi. 
91.  Mart.  xii.  38;  The  nlla  usually  contained  but  one  ;  the  letica 
one  or  more,  TacU.  Hist.  iii.  67.  Suet.  Xer.  9.  Cic.  Q.fr.  ii.  9.  The 
sella  had  only  a  small  pillow,  (cervical^)  to  recline  the  head  on,  Juv. 
vi.  353.  The  Uctica  had  a  mattress,  Senec.  ad  Marc.  16.  stuflfed  with 
finthera:  hence  pensilts  plumes^  Juv.  i.  159.  sometimes  with  roses, 
{putvinus  rosdfarctus^)  Cic.  Yerr.  v.  il.  probably  with  ropes  below, 
Ahrt.  il  57.  6.  Qell.  x.  3. 

The  sella  and  lecticce  were  carried  by  slaves,  called  LECTICA- 
RII,  ciUoneSf  gerulif  v.  bajuli^  Senec.  ep.  80  &  110.  drest  commonly 
in  a  dark  or  red  p^nula^  Id*  ben.  iii.  tiS.  tall,  (longi  v.  procEri^)  and 
haiklsome,  Senec,  ep.  1 10.  from  different  countries,  Jtro.  iii.  249.  vi. 
350.  viL  132.  viii.  133.  ix.  143.  They  were  supported  on  poles, 
(A88ERES,  vel  amites,)  Id.  vii.  133.  Mart.  ix.  23.  9.  not  fixed,  but 
lemoveable,  {exemptiles^)  Suet.  Cal.  58.  placed  on  the  shoulders  or 
necks  of  the  slaves,  Plin.  pan*  33  &  34.  hence  they  were  said  a/t- . 

Imsm  succoLARX,  Suet.  CI.  10.  and  those  carried  by  them,  succollari^ 
d.  Oth.  6.  who  were  thus  greatly  raised  above  persons  on  foot,  par- 
ticularly such  as  were  carried  in  the  stlla  or  cathedra^  Juvenal,  iii. 
240. 

Thei<//a  was  common! v  carried  by  two,  Juv.  ix.  142.  and  the  lee 
9ica^  by  four :  sometimes  by  six,  hence  called  hexapkoros,  Mart.  ir. 
81.  and  by  eight,  OCTOPHOROS,  v.  -urn,  Id.  vi.  59.  ix.  3.  See  p. 

401. 
When  the  Lectica  was  set  down,  it  had  four  feet  to  support  it. 


464  ROMAN  ANTIQUITIES. 

usually  of  wood,  CcUulL  x.  22.  sometimes  of  silver  or  gold,  Athtfu 
V.  10.    The  kings  of  India  ^had  Lectica  of  solid  ^M,  Curt,  viii.  9. 

The  use  of  Leclica  is  thought  to  have  been  mtroduced  at  Rome 
from  the  nations  of  the  East  towards  the  end  of  the  republic.  But 
we  find  them  mentioned  loi^  before,  on  journey,  and  m  the  army, 
Liv,  xxiv.  4U  GelL  x.  3.  The  emperor  Claudius  is  said  fint  to 
have  used  a  sella  covered  at  top,  Dio.  Ix.  2. 

They  do  not  seem  to  have  been  used  in  the  city  in  the  time  of 
Plautus  or  of  Terence;  but  they  were  so  frequent  under  Ciesar, 
that  he  prohibited  the  use  of  them,  unless  to  persons  of  certain  rank 
and  on  certain  days,  SueL  Ccbs.  43.  CL  28.  Those  who  had  not  se- 
dans of  their  own,  ^ot  them  to  hire,  Juvenal,  vi.  352.  ix.  142.  Hence 
we  read  in  later  times  of  CoapoaA  ^t  castaa  Leciicarxorum^  who 
seem  to  have  consisted  not  only  of  slaves,  but  of  plebeians  of  the  low- 
est rank,  particularly  freed-men,  Mart.  iii.  46.  (Sblla  trant  ad  ex^ 
onerandum  venlrem  aptce^  et  Privata,  vel  Fakiliaricje,  Fair.  R. 
R.  i^  14.  et  FuBucjE,  Martial,  xii.  78.) 

A  kind  of  close  litter  carried  (gestata  v.  deportaia)  by  two  mules, 
(Muu,  ex  eofia  et  asino  ;  Hinnuli,  v.  Bordonbs,  em  equo  el  asina^) 
rlin.  viii.  44.  s.  69.  or  little  horses ;  Manni,  Ovid.  Amor.  ii.  16.  49. 
i.  e.  equi  mmtUi,  vel  pumilii^  s.  -tones,  dwarfs,  was  called  BASTAR- 
NA,  mentioned  only  by  later  writers. 

A  carriage  without  wheels,  drawn  by  any  animals,  was  called 
TRAHA,  V.  -ea  vel  traga^  a  sledge,  used  in  rustic  work,  in  beating 
out  the  corn.  See  />•  456.  (called  by  Varro,  Pcsnicum  plostellum^K. 
R.  1.  52.  because  used  for  that  purpose  by  the  Carthaginians,}  and 
among  northern  nations  in  travelling  on  the  ice  and  snow. 

Carriages  with  one  wheel  were  called  Unarota,  Hjfgin.  ii.  14. 
A  vehicle  of  this  kind  drawn  by  the  hands  of  slaves,  CHiRAKAXinir, 
Petron.  28.  or  Arcuma,  Fesfus.  A  vehicle  with  two  wheels,  Biro- 
TUM ;  with  four,  quatrirodittm,)  ref-foxuxXo^  Atrfuvfi^  v.  nrga/rgox^f  qua- 
tuor  rotarum  currus.  Homer.  II.  ft,  324. 

Two  horses  yoked  to  a  carriage  were  called  BIGiE,  bijugif  v.  bu 
juges  ;  three,  irig(z;  and  {oar^  quadrigiz^  quadrijugh  ▼•  -^<*>  fre- 
quently put  for  the  chariot  itself,  bijt^e  curriculum.  Suet  Cal.  19. 
auadrijugus  currus,  Virg.  G.  iii.  18.  but  Curriculum  is  oftener  pat 
tor  cursus^  the  race,  Cic.  Rabir.  10.  Marcell.  2.  Horat.  od.  I  1.  3. 
We  dso  read  of  a  chariot  drawn  by  six  horses,  joined  together 
abreast,  (ab  Augusto  sejuges,  sicut  et  elephanti,  Plin.  xxxiv.  5.  s.  10.) 
for  so  the  Romans  always  yoked  their  horses  in  their  race  ^ariots : 
Nero  once  drove  a  chariot  at  the  Olympic  games,  drawn  by  ten 
horses,  (aurigavit  decemjugem,  sc.  currum.)  Suet.  N.  24  See  also 
Aug.  94. 

Those  who  drove  chariots  in  the  circus  at  Rome,  with  whatever 
number  of  horses,  were  called  QUADRIGARII,  Suet.  Jier.  16.  fxtmi 
the  quadrigcB  being  most  frequently  used ;  hence  Factionss  quad- 
rioariordm,  Festus. 

Those  who  rode  two  horses  joined  together,  leaping  quidk^  from 
the  one  to  the  other,  were  called  DESULTORES ;  hence  desultor 


CARRIAGES.  465 

V.  dtstrtor  amoris,  inconstant,  Ovid.  Am.  i.  3.  I5«  and  the  horses 
themselyesy  Dbsultorii»  Iav.  xliv.  9.  Sutt.  Ccbs,  39.  sometimes  sue- 
cessfuliy  used  in  war,  Liv.  xxiii.  29. 

The  vehicles  used  in  races  were  called  CURRUS,  or  curricula^ 
chariots,  a  currtndo,  from  their  velocity,  having  only  two  wheels,  by 
whatever  number  of  horses  fhey  were  drawn  :  so  those  used  in  war 
by  diflferent  nations ;  of  which  some  were  armed  with  scythes,  (ctir- 
rns^falcatUfalcatcb  quadriga,)  in  different  forms,  Liv.  xxxvii.  41  & 
42.  Curt.  iv.  9.  Also  those  used  by  the  Roman  magistrates,  the  con« 
suls,  prsetors,  censors,  and  chief  iEdiles,  whence  tney  were  called 
M'\oi3TRAT(7s  CURULE8,  Gtll.  \\\.  18.  and  the  seat  on  which  these 
magistrates  sat  in  the  senate-house,  the  ro^fra,  or  tribunal  of  justice, 
SELLA  CURULI8,  because  they  carried  it  with  them  in  chariots. 
Id.  fy  Isidor.  xx.  11. 

It  was  a  stool  or  seat  without  a  back,  {anaclinUrium^v.  tabulatum 
a  tergo  surgens  in  quod  reclinari  posset,)  with  four  crooked  feet,  fixdd> 
to  the  extremities  of  cross  pieces  of  wood,  joined  by  a  common  axis, 
somewhat  in  the  form  of  the  letter  X,  (aecussatimt)  and  covered 
with  leather,  so  that  it  might  be  occasionally  folded  together  for  the 
convenience  of  carriage,  and  set  down  wherever  the  magistrate 
chose  to  use  it,  Plutarch,  in  Mar.  Suet.  Aug.  43.  Gell.  vi.  9.  adorned 
with  ivor^  ;  hence  called  Curdle  ebur,  norat.  ep.  i.  6.  53.  and  ai> 
TA,  Sil.  viii.  488.  because  frequently  placed  on  a  tribunal,  or  because 
it  wag  the  emblem  of  dignity ;  Rboia,  because  first  used  by  the 
kings,  Liv.  i.  20.  FtVg.  ^n.  xi.  334.  borrowed  from  the  Tuscans, 
Liv.  I.  8.  Flor.  I  5.  in  later  times  adorned  with  engravings  ;  conspi" 
cuum  signis,  Ovid.  Pont.  iv.  5.  18. 

A  carriage  in  which  matrons  were  carried  to  games  and  sacred 
rites  was  called  Filbntum,  an  easy  soft  vehicle,  {pensile,)  Serv.  in 
Yirg.  JEn.  viii.  666.  with  four  wheels  ;  usually  painted  with  various 
colours,  Isidor.  xx.  12.  The  carriage  which  matrons  used  in  com- 
mon {festo  profestoque)  was  called  Carpentum,  iAv.  v.  25.  named 
from  Carmenta,  the  mother  of  Evander,  Ovid.  Fast.  i.  620.  com- 
monly with  two  wheels  and  an  arched  covering ;  as  the  Jlamines 
used,  {currus  arcuatus,)  Liv.  i.  21.  48.  Suet.  Tib.  2.  CI.  11.  some- 
times without  a  covering,  Liv.  i.  34.  Women  were  prohibited  the 
use  of  it  in  the  second  runic  war  by  the  Oppian  law,  Liv.  xxxiv.  1. 
which,  hiiwever,  was  soon  after  repealed,  lb.  8. put  for  any  car- 
riage, Flor.  i.  18.  iii.  2.  10. 

A  splendid  carriage  with  four  wheels,  and  four  horses,  adorned 
with  ivory  and  silver,  in  which  the  images  of  the  gods  were  led  in  so- 
lemn procession  from  their  shrines  (e  sacrarOs)  at  the  Circensian 
games,  to  a  place  in  the  Circus,  called  Pulvin ar.  Suet.  Aug.  45.  where 
couches  were  prepared  for  placing  them  on,  was  called  THENSA, 
Festus  ;  from  the  thongs  stretched  before  it,  (lora  tensa,)  Asc.  in  Cic. 
Verr.  i.  59.  attended  by  persons  of  the  first  rank,  in  their  most  magni- 
ficent apparel,  Liv.  v.  4L  who  were  said  Thensam  ducere  vel  dedv- 
CERK,  Id.  4r  Suet.  Aug.  43.  Vesp.  5.  who  delighted  to  touch  the  thongs 
by  which  the  chariot  was  drawn,  {funenique  manu  contingere  gaw 

59 


466  ROMAN  ANTIQUITIES. 

dent,)  Afloon.  ib.  Virg.  JEn.  iL  239.  And  if  a  boy,  (putr  pairimus  a 
matrimus)  happened  to  let  go  (omitttre)  the  thong  which  he  held,  il 
bdhoved  the  procession  to  ne  renewed,  Cic.  Resp.  A  10  &  11. 

Under  the  emperors,  the  decreeing  of  a  nensa  to  any  one,  was 
an  acknowledgment  of  his  divinity.  Suet.  Cas.  76. 

A  carriiue  with  two  wheels,  for  travelling  expeditiously,  was  call- 
ed CISIUM,  q.  cUium,  Cic.  Phil.  ii.  31.  S.  Rose.  7.  Senec  ep.  72. 
the  driver,  Cisjarius,  tflpian  ;  drawn  usually  by  three  mules,  Ausan. 
€p.  viii.  7.  its  body  (cepsum^  v.  -a)  of  basket-work,  (PiiOxiicuh,  v. 
'Inum,)  Festus.  A  la^r  carriage  for  travelling,  with  four  wheels, 
was  caUed  RHEDA,  a  Gallic  word,  Quinctil.  i.  9.  Cic.  Ml.  10.  AiL 
▼•  17.  vi.  1.  or  Carboca,  Suet.  Ner.  30.  the  driver,  B^bdarios,  or 
Carrucabius,  76.  an  hired  one,  Mbritoria,  Suet.  Qzs.  57.  both  also 
used  in  the  city.  Martial,  iii.  47.  sometimes  adorned  with  silver,  Plin. 
xxxiii.  11.  An  open  carriage  with  four  wheels,  for  persons  of  in* 
ferior  rank,  as  some  think,  was  called  PETORRITUM,  Gell.  xy. 
30.  Horat.  Sat.  i.  6.  104.  oJsb  a  Gallic  word,  Fettus. 

A  kind  of  swift  carriage  used  in  war  by  the  Gauls  and  Britons, 
was  called  ESSEDUM,  Ccm.  B.  Q.  iy.  33.  Firg.  G.  iii.  204.  the  dri- 
ver, or  rather  one  who  fought  from  it,  Essedarius,  Cic.  Fam.  vii.  6. 
Cits.  V.  19.  adopted  at  Rome  for  common  use,  Cic.  PhU.  ii.  58.  Sati. 
Cal.  26.  Oalb.  vi.  18. 

A  carriage  armed  wKh  scythes,  used  by  the  same  people,  COVI- 
NUS,  Sil.  xvii.  418.  the  driver,  Covinarius,  Tacit.  Agr.  xxxv.  96« 
Similar  to  it,  was  probably  Benna,  Festus. 

In  the  war  chariots  of  the  ancients,  there  were  usually  but  two  per- 
sons, one  who  fought,  {bellatoTf)  and  another  who  directed  the  horses, 
{auf^ga,  the  charioteer,)  Virg.  JEn.  ix.  330.  xii.  469.  624. 737. 

An  open  carriage  for  heavy  burdens,  {vthiculum  onerariunC^  was 
called  PLAUSTkUM,  or  veha  ((k^a,)  a  waggon  or  wain :  generally 
with  two  wheels,  sometimes  four ;  drawn  commonly  by  two  oxen  or 
more,  Virg.  G.  iii.  536.  sometimes  by  asses  or  mules.  A  waggon  or 
cant  with  a  coverlet  wrought  of  rushes  laid  on  it,  for  carrying  dung  or 
the  like,  was  called  SCIRPE  A,  i<^arr.  L.  L.  iv.  3.  propem  tne  cover- 
let itself^  sc  crates  ;  In  piaustro  sctipea  latafuit^  Ovid.  VbaX.  vi.  780. 
A  covered  cart  or  waggon  hod  with  clothes,  K>r  carrying  the  old  or  in- 
firm of  meaner  rank,  was  called  ARCERA,  quan  area,  Gell.  xx.  1. 

The  load  or  weight  which  a  wain  could  carry  at  once,  (tmd  vedu- 
r6)  was  caUed  YEHES,  -t>,  Col.  xi.  2. 

A  waggon  with  four  wheels  was  also  called  CARRUS,  v.  -tim,  by 
a  Gallic  name,  Cas.  B.  G.  i.  6.  i26.  Liv.  x.  28.  or  Sareacum,  Juv.  iii. 
255.  or  Epirhbdium,  Id.  viii.  66.  Quinctil.  i.  5.  and  by  later  writers, 
AnoAiUA,  vel  Clabularb  ;  also  Carraoium,  and  a  fortification  form- 
ed by  a  number  of  carria^s,  Carraoo,  jJni.  Marcellin.  xxxL  20. 

SARRACA  BoGt0t  v.  -<w,  or  plaustra^  is  put  for  two  constellations, 
near  the  north  pole,  Juvenal,  v.  23.  Ortd.  Met.  ii.  117.  called  the 
two  bears,  {Arcti  gemincBf  vel  dua  dpcni,)  Ursa  major,  named  He- 
tice,  {Parrhftsis,  i.  e.  Arcadica,)  Lucan.  ii.  237.  Cic.  Acad.  iv.  20. 
Parrras^  Arctos,  Ovid.  Trist.  i.  3.  48.  fix)m  Callisto,  the  daogh- 


CARRIAGES.  487 

ter  of  Lycaon,  king  of  Arcadia,  who  is  laid  to  have  been  converted 
into  this  constellation  by  Jupiter,  Ovid,  Met.  ii.  506.  and  Ursa  minor, 
called  Ctnoscra,  i.  e.  vwg  tga^  canU  eauda^  Cic.  N.  D.  ii.  41.  Ovid. 
Fast  ii.  10&  properiy  called  argtoSi  distinguished  bom  the  great 
bear,  (HbUck,)  Ovid.  Ep.  xviii.  m. 

The  greater  bear  alone  was  properly  called  Pxaustrum,  Bygin. 
po€t.  Attran,  i.  3.  from  its  resemblance  to  a  waggon,  Ovid.  Poni.  iv. 
10.  99.  whence  we  call  it  Ckatles^s  toain,  or  the  pltmgk  ;  and  the 
stars  which  compose  it,  Trioites,  MartiaL  vi.  58.  q.  Tbrionbb,  plouffh- 
inff  oxen,  Farr.  L.  L.  vi.  4.  GtlL  ii.  21.  seven  in  number,  8EPTEM- 
TRIONES,  Cic  ib.  43.  But  o/atit^ra  in  the  plur.  is  applied  to  both 
bears ;  h^ice  called  Gemini  Trionbs,  Virg.  Mtu  i.  744*  also  tnoc- 
dduif  X.  nunquam  occiderUes^  because  they  never  set,  Cic.  ib.  Oceani 
mehuntes  tBquort  tingi^  Virg.  6.  246.  for  a  reason  mentioned,  Ovid. 
Fast.  ii.  191.  and  tardi  vel  pigri^  because  from  their  vicinity  to  the 
pole,  they  appear  to  move  slow,  Jfeque  se  qudquam  in  cala  common 
veni^  Plaut  Amph.  L  1. 117. 

The  Ursa  Major  is  attended  by  the  constellatim  BOOTES,  q. 
hubulcusj  the  ox-driver,  Cic.  Jf.  D.  n.  43.  said  to  be  retarded  by  the 
downess  of  his  wains,  Ovid.  Met.  ii.  177.  named  also  Arctophtlax, 
q.  una  ctutos^  Manil.  i.  316.  Ouutos  Erymanthidoa  Ors<Zt  Ovid.  Trist. 
L  iii.  103.  into  which  constellation  Areas,  the  son  of  Callisto  bv  Ju- 
piter, was  changed,  and  thus  Joined  with  his  mother,  Ovid.  Met.  iL 
506.  vtii.  306.  A  star  in  it  of  the  first  magnitude  was  called  ARC- 
TUBUS,  q.  dfxrou  wfa,  ursa  cauda  ;  Stella  post  caudam.  uasiB 
■ajorb,  Serv.  in  Virg.  Xn.  L  744  iii.  516.  G.  L  304.  said  to  be  the 
same  with  Bdotes,  M.  G.  i.  67.  as  its  name  properly  implies,  dfcrs 
^{o^f  ursm  custos.  Around  the  pole  moved  the  dramn,  {draco  v« 
Unguis  ;  geminas  qui  separai  Arctos^  Ovid.  Met  ii.  45.)  approaching 
the  ursa  major  with  its  tail,  and  surrounding  the  ursa  minor  with  its 
body,  Virg.  (?.  L  344. 

The  principal  parts  of  a  carriage  were,  1.  The  wheels,  (ROT-£,) 
the  body  of  the  carriage,  (CAPSUM,  ta,  v.  -a,  FtoxEMUM,  v.  -i«, 
Festus.)  and  draught-tree,  TEMO ;  to  wliich  the  animals  which 
drew  it  were  y<Aed. 

The  wheels  consisted  of  the  axle-tree,  (AXIS,)  a  round  beam 
{tignumf  V.  stipes  teres,)  on  which  the  wheel  turns :  the,  nave,  (modt- 
Slus,)  in  which  the  axle  moves,  and  the  spokes,  {radii,)  are  fixed : 
the  circumference  of  the  wheel,  {peripheria,  v.  rota  sumnue  curva- 
4ura,  Ovid.  Met.  ii.  108.)  composed  of  fellies,  {apsides,)  in  which  the 
«pokes  are  fastened,  commonly  surrounded  with  an  iron  or  brass 
ring,  (canthus,)  Quinctil.  i.  5.  &  Pers.  v.  71.  Virg.  JEn.  v.  374. 

A  wheel  without  spokes  {non  radiata,)  was  called  TYMPANUM, 
from  Its  resemblance  to  the  end  of  a  drum.  It  was  made  of  solid 
boards,  {tabula,)  fixed  to  a  square  piece  of  wood,  as  an  axis,  with- 
out a  nave,  and  strengthened  by  cross-bars,  {transversis  asseribus.) 
with  an  iron  ring  around,  {/erreus  canthus  ;)  so  that  the  whole  turn- 
ed together  on  the  extemities  of  the  axis,  called  Cardinibs,  Probus 
in  Virg.  G.  L  163.    Such  wheels  were  chiefly  used  in  rustic  wains, 


468  ROMAN  ANTIQUITIES. 

Ibid,  ir  G.  iu  444.  fts  the v  still  are  in  thife  country,  and  called  tvu- 
BLERS.  Tt/mpdnum,  is  alab  put  for  a  lai^  wheel,  moved  by  horses 
or  men,  for  raising  weights  from  a  ship,  or  the  like,  by  means  of  pul- 
lies,  (trochlea,)  ropes,  and  hooks,  a  kmd  of  crane,  {tolleno,  grust  v. 
yHjomf.)  Lucret.  iv.  903.  or  for  drawing  water,  (tnachina  hamioria^ 
Vitruv.  X.  9.  Curva^  antlia,  MarU  \\.  19.  Ancla  v.  Amtha,  SiuL 
716.  51.  (avrXti/Mt,  John,  vi.  U.)  Haostum,  ▼.  rota  aquaria,  some- 
times turned  by  the  force  of  water,  Lucrtt.  v.  317.  the  water  was 
raised  through  a  siphon,  {sipho  v.  on,  fistula,  v.  canalis,)  by  the  force 
of  a  sucker,  (<mfrd/ti«  v.  -um,)  as  in  a  pump,  or  by  means  of  buckets, 
(modioli,  ▼.  hama,)  Juvenal,  xiv.  305.  Water  engines  were  also 
used  to  extinguish  fires,  Plin.  Ep.  x.  42. 

From  the  supposed  diurnal  rotation  of  the  heavenly  bodies,  AXIS 
is  put  for  the  line  around  which  they  vfere  thought  to  turn,  Cie.  d* 
Univ.  10.  Vitruv.  ix.  2.  and  the  ends  of  the  axis,  Cardinks,  vkrti- 
CES,  vel  POLi,  for  the  north  and  south  poles,  Cic.  J/.  D.  iii.  41.  Virg. 
G.  i.  242.  Plin.  ii.  15.  Axis  and  polus  are  sometimes  put  for  cos* 
him  or  mther;  thus,  sub  atheris  axe,  i.  e.  sub  dio  vel  atre,  Virg.  JEn. 
ii.  512.  viii.  28.  lucidus  polusy  iii.  585.  Cardines  mundi  quatuor,  the 
four  cardinal  points ;  SBPruNraio,  the  north ;  Mbrides,  the  south ; 
Obibnb,  sc.  sol^  vel  ortus  solis,  the  east ;  Occidbns,  v.  occasus  solis, 
the  west :  Quinctil.  xii.  10. 67.  cardo  Eous,  the  east.  Slat.  Theb.  i.  157, 
occiduus,  V.  Hesperius,  the 'west,  Lucan.  iv.  672.  v.  71.  hi  the  north 
Jupiter  was  supposed  to  reside ;  hence  it  is  called  Domicilium  Jo- 
vis,  Serv.in  Virg.  j£n.  ii.  693.  Sbdes  deorum,  Ftstus  in  Sikistha 
AVEs  :  and,  as  some  think,  porta  coeu,  Virg;G.  iii.  261.  thus.  Tern* 
pestas  a  vertice,  for  a  septentrione,  lb.  ii.  310. 

The  animals  usually  yoked  in  carriages,  were  horses,  oxen,  asses, 
and  mules,  sometimes  camels,  Sutt.  Xer.  11.  Plin.  viii.  18.  ele- 
phants. Cart.  viii.  9.  Plin.  viii.  2.  Suet.  CI.  1 1.  Senec,  de  Ir.  ii.  31. 
and  even  lions,  Plin.  viii.  16.  timers,  leopards,  and  bears.  Martial,  i. 
105.  dogs,  Lamprid.  Heliog^  2§.  goats  and  deer.  Mart.  i.  52.  also 
men,  Plin.  xxxiii.  3.  Lucan.  x.  276.  and*  women,  Lamprid.  ib.  29. 

Animals  were  joined  to  a  carriage,  {vehiculo  v.  €ui  vehiculwn  jtat'- 
gebaniur,  Viig.  Mn.  vii.  724.  Cic.  Att  vi.  1.  Suet.  Caes.  31.)  by 
what  was  called  JU6UM,  a  yoke ;  usually  made  of  wood,  but  some- 
times also  of  metal,  Horat.  od.  iii.  9.  18.  Jerem.  xxviiL  13.  placed  up- 
on the  neck,  one  yoke  commonly  upon  two ;  of  a  crooked  form, 
Ovid.  Fast.  iv.  216.  with  a  bend  {curvatura)  for  the  neck  of  each : 
Hence  «m6  juoo  cogere,  v.jungere  ;  colla  v.  cervices  jugo  subjicere, 
subdere,  submitters,  v.  supponere,  ^  eripere :  Jugum  subire,  cervice, 
ferre,  detrectare,  exuere,  a  cervicibus  dejicere,  excutere,  &c. 

The  yoke  was  tied  to  the  neck  of  the  animals,  and  to  the  pole  or 
team  with  leathern  thongs,  {lora  Subjuqia,}  Cato,  63.   Vitruv.  x.  8. 

When  one  pair  of  horses  was  not  sufficient  to  draw  a  carriage,  an- 
other pair  was  added  in  a  straight  line,  befoi'e,  and  yoked  in  the 
same  manner.  If  only  a  third  horse  was  added,  he  was  bound  with 
nothing  but  ropes,  without  any  yoke. 

When  more  horses  than  two  were  joined  abreast,  (fequatajranle;^ 


CARRIAGES.  469 

a  custom  which  is  said  to  have  been  introduced  by  one  Clisthenea 
of  Sicyon,  two  horses  only  were  yoked  to  the  carriage,  called  Ju« 
OALBSy^'tigant,  y.juges^  (C^(o(|}  Festus  ;  and  the  others  were  bound 
(apptnsi  vel  adjuncti)  on  each  side  with  ropes  ;  hence  called  FU- 
NALES  EQIJI,  Suet.  Tib.  9.  Stat.  Theb.  vi.  461.  (^i^tipo^,  tffi;aiof, 
V.  fa(i)(jfoi,)  Dionys.  vii.  73.  Isidor.  xvii.  35.  Zonar.  Ann.  ii.  or  Foncs, 
Jlusen.  epitaph,  xxxv.  10.  in  a  chariot  of  four,  {in  quadrigiSf)  the 
horse  on  the  right,  dexter,  v.  primus  ;  on  the  left,  siNisTEa,  Ictvus 
V.  aecundusy  Id.  This  method  of  yoking  horses  was  chiefly  used  ia 
the  Circensian  games,  or  in  a  triumph. 

The  instruments  by  which  animals  were  driven  or  excited,  were 
— 1.  The  lash  or  whip,  Flagrum^  v.  FLAGELLUM,  (fwi^rig,)  made 
of  leathern  thongs,  Scutica,  lotin  horridis,  (fxurakri,  [Martial,  x.  62.) 
or  twisted  cords,  tied  to  the  end  of  a  stick,  sometimes  sharpened  (acii> 
Uati)  with  small  bits  of  iron  or  lead  at  the  end,  (Horribiu  flaoel- 
liUii,  Horal.  Sat.  i.  3.  117.)  and  divided  into  several  lashes,  {icBnia^  v. 
lora,)  called  SCORPIONS,  1  Kings,  xii.  11. 

— i.  A  rod,  (YIRGA,  Juvenal,  iii.  317.  Lucan.  iv.  683.^  or  goad, 
(STIMULUS,  i.  e.  oertica  cum  cuspide  acuta,  a  pole,  or  long  stick, 
with  a  sharp  point :)  nence  stimulos  alicui  adhibert,  admovere,  addere^ 
adjicert ;  stimulisfodere,  incitare,  6lc.  Adversua  stimulum  calces^  sc. 
jactarc,  to  kick  against  the  goad,  Ter.  Pkorm.  i.  2.  28.  'agog  layrga 
Xaxri^fiv,  in  stimulos  calcitrare.  Acts.  ix.  5. 

— ^And  3.  A  spur,  (CALCAR,  ^od  calci  equitis  alligetur  ^/errata 
calce  cunctantem  vnpellebat  eqwan,  Sil.  vii.  696.)  used  only  byriders : 
hence  equo  calcaria  addtrt,  subdere,  &c.  Alter  frenis  eget,  alter  cat' 
caribus,BQ\d  by  Isocrates  of  Ephorusand  Theopompus,  Cic.Att.  vL 
1.  Orat.  iii.  9. 

The  instruments  used  for  restraining  and  managing  horses,  were 
— 1.  The  bit  or  bridle,  (FRJENUM,  pi.  -i,  v.  -a.)  said  to  have  been 
invented  by  the  LapMha,  a  people  of  Thessaly,  i^irg.  G.  iii.  115.  or 
by  one  Pclethronius,  Plin.  vii.  56.  the  part  which  went  round  the 
ears  w^as  called  Aurea  ;  that  which  was  put  in  the  mouth,  properly 
the  iron  or  bit.  Ore  a,  Festus  ;  sometimes  made  unequal  and  rough, 
like  a  wolf's  teeth,  particularly  when  the  horse  was  headstrong,  (ts- 
NAX,)  Liv.  xxxix.  5.  Ovid.  Am.  iii.  4.  13.  (durior  oris  equus,)  lb.  ii. 
9.  30.  hence yVcna  Lupata,  Horat.  od.  i.  8.  6.  Virg.  G.  iii.  206. 
Ovid.  Am.  i.  2.  15.  or  Luri,  Id.  Trist.  iv.  6.  4.  Stat.  Achill.  i.  281. 
Frena  injicere,  concutere,  accipere,  mandere,  detrahere,  laxare,  4rc. 
Frcsnum  mordere,  to  be  impatient  under  restraint  or  subjection,  Cic. 
Fam.  xi.  23.  but  in  Martial.  1.  105.  ^  Stat.  Sylv,  i.  2.  28.  to  bear 
tamely. 

The  bit  was  sometimes  made  of  gold,  as  the  collars,  (momYur,) 
which  hung  from  the  horse^s  neck  ;  and  the  coverings  for  their  backs 
{strata)  were  adorned  with  gold  and  purple,  Virg.  JEn.  vii.  279. 

— 2.  The  reins  (HABENJS,  vcl  Zrora;)  hence  Aaienat,  cornierr, 

Jlectere,  v.  moliri,  to  manage ;  dare,  immittere^  effundere,  laxare,  per* 

mittere,  to  let  out ;  adductre,  to  draw  in,  and  supprimercj  Ovid.  Aau 

i.  13.  la 


470'  ROMAN  ANTIQUITIES. 

To  certain  animals,  a  head-stall  or  Muzzle  (CAPtSTauM)  was  ap- 
plied, yirg.  G.  iiL  188.  sometimes  with  iron  spikes  fixed  to  it,  as  to 
calves  or  the  like,  when  weaned,  lb.  399«  or  with  a  coyering  for  the 
mouth,  {Jiscdla ;)  hence  Jiscellis  capxstrare^  boves^  to  muzzle,  PKn. 
xviii.  19.  9i|uv,  Deut,  xxv.  iv.  o«  congture^  Senec.  ep.  47.  But  Cs- 
piiirum  is  also  put  for  any  rope  or  cord ;  hence  vitem  capistro  con» 
stringere^  to  bind,  Columel.  iv.  20.  Jumenta  capistrare^  to  tie  with  a 
baiter,  or  fasten  to  the  stall,  Id.  vi.  19. 

The  person  who  directed  a  chariot  and  the  horses,  was  called  AU- 
RIGA, (4v<oxo(,  Ota  lora  tenebat :)  or  agitator^  (iXari}^,)  the  charioteer 
or  driver,  Ovid.  Met.  ii.  327.  Ctc.  AlL  ziii.  21.  Acad,  iv.  29.  also 
MoDBRAToa,  lAtcan.  viii.  199.  But  these  names  are  applied  chiefly 
to  those  who  contended  in  the  Circus,  Suet.  Cal.  54.  JVVr.  xxii.  24. 
Plin.  ep.  ix.  6.  or  directed  chariots  in  war,  Firg.  and  always  stood 
upright  in  their  chariots,  {insistebarU  curribus,)  Plin.  ep.  ix.  6.  Hence 
▲vaioARB  for  currum  regtre  ;  and  Aurioarius,  a  persod  who  kept 
chariots  for  running  in  the  circus.  Suet.  ib. 

Auriga  is  the  name  of  a  constellation,  in  which  two  stars,  called 
Hjbdi,  the  kids ;  above  the  horns  of  Taurus ;  Serv.  in  Virg.  ^n. 
ix.  668.  On  the  head  of  Taurus^  are  the  Hif&des^  {ab  £«v,  pleureA 
or  Sucula^  (a  suibus^)  Cic.  N.  P.  ii.  43.  Phn.  ii.  39.  Gell.  xiii.  SL 
called  Pluvia^  by  Virgil,  JEn.  iii.  516.  and  Tristes^  by  Horace ;  be- 
cause at  their  rising  and  setting,  they  were  supposed  to  produce 
rains,  Od.  i.  3.  14.  on  the  neck,  or,  as  Servius  says,  G.  i.  137.  ante 
cenua  iauri,  Plin.  ii.  41.  in  caudd  tauri  septem  ;  PLEIADES,  or 
Vergiua,  the  seven  stars;  sing.  Pleias  vel  Plias,  Ovid.  ep.  xviii. 
188. 

Agitator  is  also  put  for  aga^o^  (qui  jumenta  agtbat)  a  person  who 
drove  any  beasts  on  foot,  Firg.  G.  i.  273.  But  drivers  were  com- 
monly denominated  from  the  name  of  the  carriage ;  thus,  rhedarius^ 
plaustrarius^  &c.  or  of  the  animals,  which  drew  it :  thus,  Muuo, 
Suet.  J^er.  30.  Senec.  ep.  87.  Matlial.ix.  58.  xii.  24.  commonly  put 
for  a  muleteer^  who  drove  mules  of  burden,  (mult  clitellarii,)  Martial, 
z.  2  &  76.  as  equisOf  for  a  person  who  broke  or  trained  horses,  {equo- 
rum  domitor^  qui  tolutim  incedcre,  v.  badizart  docebat^  to  go  with  an 
ambling  pace,}  under  the  Magister  Equorum^  the  chief  manager  of 
horses,  varro.  The  horses  of  Alexander  and  Caesar  would  admit 
no  riders  but  themselves,  Curt.  iv.  5.  Plin.  viii.  42.  Dio.  xxxvii.  54. 

The  driver  commonly  sat  behind  the  pble,  with  the  whip  in  his 
tight  hand  and  the  reins  in  the  left  ;  hence  he  was  said  sedereprimA 
ull&y  Pheedr.  iii.  6.  sedere  temone,  v.  primo  temone,  i.  e.  in  sella  pro^* 
ma  tetnonif  Stat.  Sylv.  i.  2.  144.  Propert.  iv.  8.  and  temone  Uibi,  v. 
excuti,  to  be  thrown  from  his  seat,  Virg.  Mn.  xii.  470.  sometimes 
drest  in  red,  {canuainatus^  i.  e.  veste  Canusii^  confecta  indutui,)  Suet. 
Ner.  30.  or  scarlet,  (cocco^)  Martial,  x.  76.  sometimes  he  walked  on 
footf  Iav.  i.  48.  Dionys.  iv.  39.  Senec.  ep.  87. 

When  he  made  the  carriage  go  slower,  he  was  said,  currum 
£quo8qu€  sustinere^  Cic.  Att.  xiii.  21.  when  he  drew  it  back  or  a«de, 
retorquere  et  avtrtere^  Vii%.  Mn.  xii.  485. 


OF  THE  CITY.  471 

Thoae^vdio  rode  in  a  carriage,  or  on  horseback,  were  said  veku 
or  portari,  evehif  or  invehi  ;  those  carried  in  a  hired  vehicle,  (veAt- 
€ulo  merilorio^)  Vectorbs  :  so  passengers  in  a  ship ;  Cic.  Nat.  D. 
liL  37.  3.  Juvenal,  x\u  63.  but  vector  is  also  put  for  one  who  car- 
ries, Ovid.  Fast,  i.  433.  F\dminis  vector^  i.  e.  aquila^  Stat.  Theb.  9. 
855.  as  vehens  for  one  who  is,  carried,  Cic,  Ctar,  or,  27.  Justin,  so. 
7.  GelL  ▼.  6.  so  invehens^  Cic.  N.  D.  i.  28. 

When  a  person  mounted  a  chariot  he  was  said  currum  comcen' 
dere^  ascendere^  inscendere^  et  tnn/tre,  which  is  usually  applied  to 
moontins  on  horseback,  saltu  in  currum  emicare^  Virg.  xii.  327. 
when  helped  up,  or  taken  up  by  any  one,  curruy  v.  in  currum  totlu 
The  time  for  mounting  in  hired  carriages  was  intimated  by  the  dri- 
ver's moving  his  rod  or  cracking  his  whip,  Juvenal,  iii.  317.  to  dis- 
mount, descendere  v.  desilire. 

The  Romans  painted  their  carrii\ges  with  different  colours,  Serv, 
m  Virg,  A,  viii.  q66.  and  decorated  them  with  various  ornaments, 
with  gold  and  silver,  and  even  with  precious  stones,  P/tn.  xxxiii.  3. 
Juvenal,  vii.  125.  as  the  Persians,  Gurt.  iii.  3.  x.  1.  Hence  Ovid. 
Met,  ii.  107. 

Of  the  CITY, 

RoMK  was  built  on  seven  hills,  {colles^  montes,  arces^  vel  juga^ 
nempe,  Palalinus^  QuirinaliSf  Avendnus^  C^bUus^  Ptmtn/l/w,  Exqui' 
Kma,  et  Janicularis ;)  hence  called  urbe  SEPTICOLLIS ;  or  Sep- 
TBMOBiiiNA,  Stat,  Sylv.  i.  2.  191.  iv.  1.  6.  by  the  Greeks,  ^fi'raXo^oc, 
Serv,  in  Jtln,  vi.  784.  G.  ii.  535.  and  a  festival  was  celebrated  in  De- 
cember, called  SbftimontIuii,  Festusy  Suet,  Dom.  4.  to  commemo- 
rate the  addition  of  the  7th  hill,  Plutarch,  q,  Rom,  68. 

The  Janiculum  seems  to  be  improperly  ranked  by  Servius  among 
the  seven  hills  of  Rome ;  because,  though  built  on,  and  fortified  by 
Ancus,  Uv,  i,  33.  it  does  nol*  appear  to  have  been  included  within 
the  city,  Id.  ii.  10.  51.  Dio.  37.  Gell,  xv.  27.  although  the  contrary 
18  asserted  by  several  authors,  Eutrop.  15.  The  Collia  Capitolinus^ 
vel  TarpeiuSf  which  Servius  omits,  ought  to  have  been  put  instead 
of  it. 

The  Janiculum^  Collis  Hortulorum,  and  Vaticanus^  were  after- 
v^ards  added 

1.  Mons  PALATINUS  vel  PALATIUM,  the  Palatine  mount,  on 
which  alone  Romulus  built,  Liv.  i,  5.  Here  Augustus  had  his  house, 
and  the  succeeding  emperors  ;  as  Romulus  had  before :  hence  the 
emperor's  house  was  called  PALATIUM,  a  palace,  Suet,  72.  Dio, 
liii.  16.  DoMOs  Palatina,  Suet,  CI,  17.  Vesp,  25.  D.  15.  and  in  later 
times,  those  who  attended  the  emperor,  were  called  Palatini. 

2.  CAPITOLINVS ;  so  called  from  the  Capitol  built  on  it,  for- 
merly named  Satdrnius,  from  Satnm^s  having  dwelt  there,  Jiutin. 
xliii.  L  Virg.  ibid,  and  TARPEIUS,  from  Tarpeia,  who  betrayed 
the  citadel  to  the  Sabines,  Liv,  i.  11.  Dionys,  ii.  38.  to  whom  that 
momt  was  assigned  to  dwell  in,  Liv.  i.  33. 


47»  ROMAN  ANTIQUITIES. 

3.  AY ENTINUS,  the  most  extensive  or  all  the  hills.  Dionyt.  iv. 
26.  named  from  an  Alban  king  of  that  name,  who  was  buried  on  it, 
Ztv.  i.  3.  the  place  which  Remus  chose  to  take  the  omens,  lb.  6, 
therefore  said  not  to  have  been  included  within  the  PomcRrium^ 
Gell.  xiii.  14.  Senec.  de  brev.  vitas,  14.  till  the  time  of  Claudius,  Ibid. 
But  others  sav,  it  was  joined  to  the  city  by  Ancus,  Iav.  i.  33.  Dw- 
nys,  iii.  42.  called  also  Uoliis  Murcius,  from  Murcia,  the  soddess  of 
sleep,  who  had  a  chapel,  {sacdlum^)  on  it,  Fesius ;  ColTis  Diak/e, 
from  a  temple  of  Diana,  Slat.  5y/v.  ii.  3«  32.  and  Remonius,  from 
Remus^  who  wished  the  city  to  be  founded  there. 

4.  QUIKINALIS,  is  supposed  to  have  been  named  from  a  temple 
of  Romulus,  called  also  QuiriHus^  which  stood  on  it,  Herat,  ep.  ii.  368. 
Ovid,  Fast,  iv.  375.  or  from  the  Sabines,  who  came  from  Cur^^,  and 
dwelt  there,  Festu8  ;  added  to  the  city  by  Servtus,  Liv.  i.  44.  called 
in  later  times,  Mons  Caballif  or  Caballinus,  from  two  marble  horses 
placed  there. 

5.  CiELlUS,]named  from  Calbs  Fibennay  a  Tuscan  leader,  who 
came  to  the  assistance  of  the  Romans  against  the  Sabines,  with  a 
body  of  men,  and  got  this  mount  to  dwell  on  ;  f^arr.  L.  L,  iv.  8.  add- 
ed to  the  city  by  Romulus,  according  to  Dionys,  ii.  50.  b]^  Tultus  Hos- 
tilius,  according  to  Liv.  i.  30.  by  Ancus  Martius,  according  to  Sirabo^ 
v.  p.  234.  by  Tarquinius  Priscus,  according  to  Tacit,  Ann,  iv.  65. 
anciently  called  Querquetulanus,  from  the  oaks  which  grew  on  it. 
Ibid,  in  the  time  of  Tiberius,  ordered  to  be  called  Augustus,  Tacit, 
Ann,  iv.  64.  Sutt.  Tib.  48.  afterwards  named  Laterakus,  where 
the  Popes  long  resided  before  they  removed  to  the  Vatican. 

6.  VIMINALIS,  named  from  thickets  of  osiers  which  grew  there, 
(vimineta^  Varr.  ibid.  Juvenal,  iii.  71.  or  Fagutaus,  (from  yir^f, 
beeches,)  Pliu.  xvi.  10.  added  to  the  city  by  Servius  Tullius,  Liv. 
i.44. 

7.  EX.Q}JlUNlJ8f  Exquiliajyol EsquiliaSf  supposed  to  be  named 
from  thickets  of  oaks,  {ascuUla,)  which  grew  on  it,  V^arro,  L,  L,  iv. 
8.  or  from  watches  kept  there  {txcubi^B^)  Ovid.  Fast.  iii.  246.  added 
to  the  city  by  Servius  Tullius,  Liv.  i.  44. 

JANICULUM,  named  from  Janus,  who.  is  said  to  have  first  built 
on  it,  Virg,  ASn.  viii.  358.  Ovid.  Fast,  i.  246.  the  most  favourable 
place  for  taking  a  view  of  the  city.  Marital,  iv.  64.  vii.  16.  From  ita 
sparkling  sands,  it  got  the  name  of  Mons  j^ureus,  and  by  corruptioD, 

MoNTORiU.S. 

YATICANUS,  so  called,  because  the  Romans  got  possession  of 
it  by  expelling  the  Tuscans,  according  to  the  counsel  of  the  sooth- 
sayers, (vatts,)  Festus ;  or  from  the  predictions  uttered  there,  GeU, 
xvi.  17.  adjoining  to  the  Janiculwn,  on  the  north  side  of  the  Tiber, 
Horat,  od.  i.  20.  disliked  by  the  ancients  on  account  of  its  bad  air, 
(infamis  aer,  Frontin.)  Tacit,  hist.  ii.  93.  noted  for  producing  bad 
wine,  Marl,  vi.  92.  xii.  48.  14.  now  the  principal  place  in  Rome, 
where  are  the  Pope's  palace,  called  St,  Angela^  the  Vatican  library, 
one  of  the  finest  in  the  world,  and  St,  Peter's  church. 

COLXiIS  HORTULORUM,  so  called,  from  its  being  originally 


OP  THE  CITY-  473 

cftvered  with  wardens,  Suet.  Mr.  50.  taken  in  to  the  city  hy  Atirelian ; 
afterwards  called  Pincius,  from  the  PincU^  a  noble  family  who  had 
their  seat  there. 

The  gates  of  Rome,  at  the  death  of  Romulus,  were  three,  or  at 
most  four ;  in  the  time  of  Pliny  thirty-seven,  when  the  circumference 
of  the  walls  was  thirteen  miles,  200  paces ;  it  was  divided  by  Auguis- 
tus  into  fourteen  regiones,.  wards  or  quarters,  Plin.  iiu  5.  s.  9. 

The  principal  gates  were, — 1.  Porta  FLAMINIA^  through  which 
the  Ftaminian  road  passed  ;  called  also  Flitmentana,  because  it  lay 
near  the  Tiber.— 2.  COLLlNA,  (a  collibus  Quirinali  tt  Viminali^ 
called  also  QUIRINALI8,  Agonensis  vel  Salaaia,  Festw^  lAv.  v. 
41.  Tacit.  Hist.  iii.  8i.  To  this  gate  Hannibal  rode  up,  Liv.  zxvi, 
- 10.  and  threw  a  spear  within  the  city,  Plin.  xxxiv.  6.  s.  15.  Cic.  fin* 
iv.  9.-2.  VIMINALIS.r^.  ESQUILINA,  anciently  Jlfe/ia,  Labica^ 
na^  vel  LavicanOf  without  which  criminals  were  punished,  Plata.  Ccbs. 
it.  6.  2.  Horat.  epod.  v.  99.  TacU.  Ann.  ii.  32,-5.  N^VIA,  so  call- 
ed  from  one  MsviuSf  who  possessed  the  grounds  near  it,  Varr.  L.  L. 
IV.  34..-6.  C ARMfiNTALIS,  through  which  the  Fabii  went,  Lto. 
ii.  49.  from  their  fate  called  Scelerata,  Festus.—7.  Capxna,  through 
which  the  ^oad  to  Capua  passed  ; — Triumphalis,  through  which 
those  who  triumphed  entered,  Cic.  Pis.  23.  Suet.  Aug.  101.  but  au- 
thors are  not  agreed  where  it  stood. 

Between  the  Porta  ViminaliSf  and  Eisquilina,  without  the  wall,  is 
supposed  to  ha^e.been  the  camp  of  the  rRiETORlAN  cohorts  or 
milites  Pratoriani,  a  body  oi  troops  instituted  by  Augustus  to 
guard  his  person,  and  called  by  that  name  in  imitation  of  the  select 
band  which  attended  a  Roman  general  in  battle.  See  p.  322.  com- 
posed of  nine  cohorts.  Tacit.  Arm.  iv.  5.  Suet.  Aug.  49.  according  to 
Dio  Cassius,  of  ten,  Dio.  Iv.  24.  con8i$ting  each  of  a  thousand  men, 
horse  and  foot,  Ibid.  <^  Suet.  Col.  45.  chosen  only  from  Italy,  chiefly 
from  Etruria  and  Umbria,  orancient  Latium,  Tacit.  Ann.  iv.  5.  Hist. 
If,  84.  Under  Vitellius,  sixteen  Praetoriari  cohorts  were  raised,  and 
four  to  guard  the  city,  Id.  Hist.  ii.  93.  Of  the^  last,  Augustus  in- 
stituted only  three,  /d.  Ann.  iv.  5. " 

Severus  neW' modelled  the  preetorian  bands,  and  increased  them 
to  four  times  the  ancient  number, .  Herodian.  iii.  44.  They  were 
composed  of  the  soldiers  draughted  from  all  the  legions  on  the  fron- 
tier, Dio.  Ixxiv.  2.  They  were  finally  suppressed  by  Constantino, 
and  their  fortified  camp  destroyed,  Auret.  Victor.  Zosim.  ii.  p.  89. 
fdncgyric.  9. 

Those  only  were  allowed  to  enlarge  the  city,  (pomceriitm  prof  err  e,) 
who  had  extended  the  limits  of  the  empire.  Tacitus,  however,  ob- 
serves, that  although  several  generals  had  subdued  many  nations, 
yet  no  one  after  the  kings  assumed  the  ri^ht  of  enlarging  theponuB" 
rium^  except  Sylla  and  Augustus,  to  the  time  of  Claudius,  Ann.  xiL 
fS3.  But  other  authors  say,  this  was  done  also  by  Julius  Cssar,  Cic. 
Att.  xiii.  20. 33  &  35.  Dio.  xliii.  49.  xliv.  49.  Cell.  xiii.  14.  The 
last  who  did  it  was  Aurelian/Fo;wyc.  in^Aurel.  21. 

Concemini?  the  number  of  inhabitants  in  ancient  Rome,  we  c&n 

60 


474  ROMAN  ANTIQUITIES. 

only  form  conjectures,    l^ipsias  computes  them  in  its  most  flouriiiH 
ing  state  at  four  millions. 

PUBLIC  BUILDU^fGS  of  the  ROJiUJ^. 

I.  Temples.     Of  these,  the  chief  were, 

1,  The  CAPITOL,  so  called,  because,  when  the  foundations  of  it 
WQre  laid,  a  human  head  is  said  to  have  been  found,  (cupvt  Oli  vel 
Toll  cuiusdam^)  Liv.  i.  38.  55.  Dion^s,  iv.  69.  Serv.  in  Virg.  iEn.  vjii* 
345.— bhilt  on  the  Tarpeian  orOapitoline  mount,  bv  Tarquinius  Su- 
perbus,  lb.  and  dedicated  by  Horatius,  Liv.  iu  8.  burnt  A.  XJ.  67(9. 
rebuilt  by  Sylla,  and  dedicated  by  Q.  Catulus,  A.  U.  675.  agaip 
burnt  by  the  soldiers  of  Yitellius,  A.  D.  70.  Tacit.  Hist.  iii.  73.  and 
rebuilt  by  Vespasian.  At  his  death  it  was  burnt  a  third  time,  and 
restored  by  Domitian,  with  greater  magnificence  than  ever,  Sutt, 
Dom.  5.    A  few  vestiges  of  it  ^till  remain. 

Capitqlium  is  sometimes  put  for  the  mountain  on  which  the  tem« 
pic  stood;  as,  Liv.  i.  10.  33.  38.  ii.  8.  &c.  and  sometimes  for  the 
temple  itself,  Liv.  iii.  18.  vi.  4.  &c.  The  edifice  of  the  Capitol  was 
in  the  form  of  a  square,  extending  nearly  200  feet  on  each  side. .  It 
contained  three  temples,  [jatdts^  templa,  cella  vel  d^lubra^  consecrat- 
ed to  Jupiter,  Minerva,  and  Juno,  LHonys.  iv.  61«  The  temple  of 
Jupiter  was  in  the  middle,  (whence  he  is  called  MediA  qui  sedet  ade 
Deus,  Ovid.  Pont.  iv.  9.  32.  The  temple  of  Minerva  was  on  the 
right,  Liv.  yi.  4.  whence  dhe  is  said  to  have  obtained  the  honours 
next  to  Jupiter,  {Prosimos  illi  (sp.  Jovi)  tamen  ocovpavit  PaiUu  Ao- 
nores,  Herat,  od.  i.  12.  19.)  and  the  jtemple  of,  Juno  on  the  left.  P. 
Victor,  in  descr.  Rom.  Regionis,  viii.  Livy,  however^  places  Juno 
first,  iii.  15.    So  Ovid,  Trist.  ii.  291. 

The  Capitol  was  the  highest  part  of  the  city,  and  strongly  forti- 
fied ;  hence  called  ARX,  Virg.  JEn.  viii.  652.  (vel  ab  abcbo,  quod  is 
sit  locus  munitissimus  urbis^  a  quo  faciUime  possit  hostis  prohiberi, 
Varr.  L.  L.  iv,  32.  vel  ab  cUfof,  eummus  ;)  Capitolium  atque  arx^  Liv, 
ii.  49.  iii.  5.  arx  Capitolii,  Flor.  iiL  2L  The  ascent  to  the  Capitol 
from  the  Forum  was  by  100  steps.  Tacit.  Hist.  iii.  71.  Liv.  viiv  6. 
It  was  magnificently  adorned ;  the  very  gilding  of  it  is  said  to  have 
cost  12,000  talents,  i.  e.  1,976.350/.  Plutarch,  in  Poplic.  hence  called 
AuREA,  Virg.  ib.  348.  and  tdlgens,  Horat.  od.  iii.  3.  43.  The  gates 
were  of  brass,  Liv.  x.  23.  and  the  tiles  gilt,  Plin.  xxxiii.  3. 

The  principal  temples  of  other  cities  were  also  called  by  the  name 
of  Capitol.  Suet.  Cat.  47.  Sit.  xi.  267.  Cell.  xvi.  13.  Plaui.  Ore.  ii. 
2.  19. 

In  the  Capitol  were  likewise  the  temples  of  Terminus,  Liv.  i.  54. 
see  p.  244.  of  Jupiter  Feretrius,  Id.  iv.  20.  Mp.  Att.  20.  &c.  Casa 
Romulx,  the  cottage  of  Romulus,  covered  with  straw,  Liv.  v.  53. 
Senec.Helv.  9.  Vitruv.  ii,  1.  near  the  Curia  Calabra,  Macrob.  Sat. 
1.  1.  Senec.  Contr.  i.  6.  Ovid.  Fast.  iii.  183. 

Near  the  ascent  of  the  Capitol,  was  the  ASYLUM,  or  sanctuary, 
Liv.  I.  8.  which  Romulus  opened,  see  p.  44  in  imitation  of  the 


PUBLIC  BUILDINGS.  475 

Grecka,  Serv.  in  f^rg.  JEn.  viii.  342.  il.  761.  BiaU  Thth.  xti.  498. 
Liv.  XXXV.  61.  Cic.  VtTT.  i.  33.  TatiU  Ann.  iv.  14. 

2.  The  PANTHEON,  built  by  Agrippa,  son-in-law  to  Augustus, 
and  dedicated  to  Jupiter  Ultor,  rlin,  xxxvL  15.  or  to  Mars  and  Ye- 
DUB,  Dto.  liii.  27.  or,  as  Hs  name  imports,  td  all  the  gods,  stt  p.  370. 
repaired  by  Adrian,  Spartian,  19.  consecrated  by  Pope  Boniface  IV. 
to  the  Virgin  Maiy,  and  All  Saints,  A.  D.  607.  now  called  the  Ro» 
iunda  from  its  round  figure,  said  to  be  150  feet  high>  and  of  about 
the  same  breadth.  The  roof  is  curiously  yaulted,  void  spaces  beiog 
left  h^re  and  there  for  the  greater  strength.  It  has  no  windows,  but 
only  ah  opening  in  the  top  for  the  admission  of  light  of  about  25  feet 
diameter.  Tbci  walls  in  tne  inside  are  either  solid  marble  or  incrust- 
ed.  The  front  on  the  outside  was  covered  With  brazen  plates  gilt, 
the  top  with  silver  plates,  but  now  it  is  covered  with  lead.  The  gate 
was  of  brass,  of  extraordinary  work  and  size.  They  used  to  ascend 
to  it  by  twelve  steps,  but  now  they  go  down  as  many ;  the  earth 
jaround  being  so  much  raised  by  the  demolition  of  hoiises.  ;      , 

3.  The  temple  of  Apollo,  built  by  Augustus  on  the  Palatini  hill, 
Stut.  Aug.  29.  Veil.  if.  81.  in  which  Was  a  public  library,  Hor.  e.p. 

^  i.  3.  V!.  where  authors,  particular!]^  poets,  used  to  recite  their  com- 
*  positions,  Id.  Sat.  i.  10.  o8.  sitting  in  full  dress,  Pers.  i.  15.  some- 
times'before  select  judges,  who  passed  sentence  on  their  comparative 
merits.  The  poets  were  then  said  commiiti^  to  be  contrasted  or 
matched,  Sutl.  Aug.  89.  Juvenal,  vi'.  435.  as  combatants.  Suet.  Aig. 
45.  and  the  reciters,  committere  opera,  Suet  CI.  4.  Hence  Caligula 
•sdid  of  Senecii,  that  he  only  composed  Commissiones,  shov^  decla- 
mations, Suet.  CI.  53. 

A  particular  place  is  said  to  have  been  built  for  this  purpose  by 
Hadrian^  and  consecrated  to  Minerva,  called  Athbn«um,  Aurel. 
f^ict. — Capitol,  in  Gordian.  4.  Pertinac.  11. 

Authors  used  studiously  to  invite  people  to  hear  them  recite  their 
works.  Dialog,  dt  Orat.  9.  who  commonly  received  them  with  accla- 
mations, Plin.  ep.  il.  14.  thus,  BENE,  pulchre,  belle.-euge  ;  Non  po- 
TEST  MELics,  Gic.  Orat.  iii.  26.  Horat.  Art.  P.  438.  Pers.  i.  49.  84. 
Mart.  ii.'SoPHOS,  i.  e.  sapienter,  (<ro(pwff,)  scite,  doc/^.  Mart.  i.  4,  7. 
— 50.  3T. — 67.  4. — ^77.  9.  and  sometimes  expressed  their  fondness 
for  the  author  by  kissing  him.  Martial.  1.  4.  7.  et  77.  14. 

4.  The  temple  of  Diana,  built  on  the  Aventine  mount,  at  the  in- 
stigation of  Servius  Tnllius,  by  the  Latin  States,  ifi  conjunction  with 
the  Roman  people,  in  imitation  of  the  temple  of  'Diana  at  Ephesus, 
which  was  built  at  the  joint  expense  of  the  Greek  States  in  Asia, 

Liv.  i.  45. 

5:  The  temple  of  Janus,  built  by  Numa,  (mrfcx  6«Wi  et  pads,)  with 

two  brazen  gates,  one  on  each  side,  to  be  open  in  war  and  shut  in 

time  of  peace,  Liv.  i.  19.  Veil.  ii.  38.  Plin.  34.  7.  Serv.  in  Virg.  i. 

294.  vii.  607.  shut  only  once  during  the  republic,  at  the  end  of  the 

first  Punic  war,  A.  U.  529.  Ibid,  thrice  by  Augustus,  {Janum  Quiri^ 

num,  i.  e.  Templum  Jani  belli  potentis,  ter  clausit,  Suet.  Aug.  22. 

Janum  Quirini,  Hor.  od.  iv.  15.  9.)  first  after  the  battle  of  Actium, 


4T6  ROMAN  ANTIQUITIES. 

and  the  death  of  Antony  and  Cleopatra,  A.  U.  735.  Dio.  IL  90.  a 
second  time,  after  the  Cantabrian  m^ar,  A.  U.  729.  Dio.  liii.  26.  abouC 
the  third  time,  authors  are  not  agreed.  Some  suppose  this  temple 
tq  have  been  built  by  Romulus,  and  only  enlarged  by  Nuj^a ; 
hence  they  taJke  Janus  Quirini  for  the  temple  of  Janus,  built  by  Ro- 
mulus, jMacrob,  Sat.  i.  9* 

A  temple  was  butlt  to  Romulus  by  Papirius,  A*  U.  459.  liv.  x. 
46.  and  another  by  Augustus,  Dio.  tiv.  19. 

6.  The  temples  of,  Sa/tirn,  JimoyMars^  Vtnus^  MnervUt  Ntpttant^ 
^c.  x)f  /br/ime,  of  which  there  were  many,  df  Concord^  Peace^  &c» 

Auxnistus  built  a  temple  to  Mars  Ultor  in  the  Forum  jJugtuti,  Suet. 
Aug.  29.  Ovid.  Fast  v.  551.  Dio  says,  in  the  Capitol,  liv.  8.  by  a 
inistake  either  of  himself  or  his  transcribers*  In  uiis  temple  were 
suspended  military  standards,  particularly  those  which  the  Parthians 
tooK  from  the  Romans  under  Cnesus,  A.  U.  701.  Dio.  xL  27.  and 
which  Phraates,  the  Par(hian  king,  afterwards  restored  to  Aimustus, 
Id.  liii.  23.  together  with  the  captives,  td.  IW,.  8.  Veil.  u.  91.  JusL 
xlii.  5.  JF?or.  iv.  12.  Eutrop.  vii.  5.  Suetonhis,  Aug.  21.  and  Tacit. 
JlnnaL  ii.  1.  say  that  Phraates  also  gave  hostages.  No  event  in  the 
life  of  Augustus  is  more  celebrated  than  this,  and  on  account  of 
nothing  did  he  value  himself  more  than  that  he  had  recovered  with- 
out bloodshed,  and  by  the  mere  terror  of  his  name,  so  many  citizens 
and  warlike  spoils  lost  by  the  misconduct  of  former  qommanders. 
Hence  it  is  extolled  by  the  poets,  HoraL  od.  iv.  15.  6.  Ep.  i.  18.  56. 
Ovid.  7m/.  ii.  227.  Fast.  vi.  405.  Virg.  ^n,  vii.  606.  and  the 
memory  of  it  perpetuated  by  coins  and  inscriptions.  On  a  stone» 
found  at  Ancyra,  now  Angouri^  in  Phrygia,  (m  lapide  Ancyrano^  are 
these  words  Pabthos  trium  exbrcitcum  romakioruh,  (l  e.  or  the 
two  armies  of  Crassus,  both  son,  Dio.  xl.  21.  and  father,  lb.  24.  and 
of  a  third  army,  commanded  by  Oppius  Statianus,  the  lieutenant  of 
Aoitony,  Id.  xlix.  25.)  spolia  et  signa  rbmittere  mihi,  supplices- 
QUE  AMiciTiAM  POPULi  ROMANi  PETERS  coEoi :  and  qn  scveral  coins, 
the  Parthian  is  represented  on  his  knees  delivering  a  military  stand- 
ard to  Augustus,  with  this  inscription,  Civib.  et  sign,  mu.it.  aPar- 

THIS.  RSCEP.  Vtl  BESTIT.  Vtl  RECVP. 

II.  Theatres,  8ttp.20li.  Amphitheatres,  p.  294  and  places  for 
exercise  or  amusement 

ODEUM  (wtfftov,  and  o^w,  cano^)  a  building  where  musicians 
and  actors  rehearsed,  or  privately  exercised  themselves,  before  ap- 
pearing on  the  staae,  Cic.  Alt.  iv.  16.  Suet.  Dom.  5. 

NYM PHiEUM,  a  building  adorned  with  statues  of  the  nymphs, 
and  abounding,  as  it  is  thought,  with  fountains  and  water-falls,  which 
afforded  an  agreeable  and  refreshing  coolness ;  borrowed  from  the 
Greeks,  Plin.  xxxv.  12.  s.  43.  long  of  being  introduced  at  Rome, 
Capitol.  Gord.  32.  unless  we  suppose  it  the  same  time  with  the  tem- 
ple of  the  nymphs,  mentioned  by  Cicero,  Mil.  27.  Arusp.  27. 

CIRCI.  The  Circus  Maximus,  see  p.'  287.  Circus  Flaiq- 
Nius,  laid  out  by  one  Flaminius ;  called  also  ApoUinaris,  from  a 
temple  of  Apollo  near  it,  lAv,  uL  64. 63.  used  not  only  for  the  oe- 


PUBLIC  BUILDINGS-  477 

lebratioii  of  games,  but  also  for  making  faaraogues  ,to  the  I)eople0 
Cic.  post  red*  in  Sen.  6.  Sext.  14. 

The  Circus  Maximus  was  much  frequented  by  sharpers  and  for- 
tune-tellersy  (sortiligi,)  juggle^,  (prcestigiatores^)  &c.  hence  called 
FALLAX,  HoraL  Sat.  16.  113. 

Several  new  CtVct  were  added  by  the  emperors,  Nero,  TacU.  Arm. 
xiv.  14.  Caracalla,  Helioffabtius,  ^. 

STApiA,  places  nearly  in  the  form  of  Ct'rci,  for  the  running  of 
men  and  horses,  Suet.  Cas.  39.  Dom.  5.  Hippodrom i,  places  for  the 
running  or  coursing  of  horses,  Plaut.  Bacch.  iiu  3.  27.  also  laid  out 
for  private  use.  Martial,  xii.  50.  espcQally  in  country  villas,  Plin. 
€p.  V.  6.  but  here  some  read  Hypodromm^  a  shad^  or  covered  walk, 
which  indeed  seems  to  be  meant ;  as  Sidon.  ep.  li.  2. 

PAL,ESTR£,  GYMNASIA,  et  XYSTI  places  for  exercising 
the  AtUetae;  see  p.  289  &  290.  or  pancrasttasttB^  who  both  vnnestled 
and  boxed,  (9111  fancratio  certabantj  i.  e«  omnibus  veribm  (ira» 
xfaro(.)     Senec.  ben.  \.  3.  Gell.  iii.  15.aciii.  37.  QuinctiL  ii.  9. 

These  places  were  chiefly  in  the  CAMPUS  MAKTIUS,  a  lar^ 
plain  along  the  Tiber,  where  the  Roman  youth  performed  their 
Exercises,  anciently  belonging  to  the  Tarquins :  hence  called  Su- 
PBRBi  Rxois  AQER,  Juvtnol.  vi.  523.  and  after  their  expulsion,  con* 
secrated  to  Mars,  lAv.  ii.  5.  called  by  way  of  eminence,  CAMPUS, 
Horat.  oi.  iii.  1.  10.  Cic.  Cat.  i.  5.  Off.  i.  29.  put  for  the  Comtia 
held  there,  Cic.  Otat.  iii.  42.  hence  fors  domina  campi^  Cic.  Pis.  2.  ^ 
or  for  the  votes ;  hence  venalis  campus^  u  e.  suffragia^  Lucan.  i.  180.  ^ 
Campi  Nota^  a  repulse,  Val.  Max.  vi.  9:  14.  or  for  any  thing  in 
which  a  person  exercises  himself;  hence  /a/unmt/s  dicendi  campus^ 
incnw  liceat  oratori  vagari  liberi,  a  large  field  for  speaking,  Cic^ 
Off.  i.  18.  Acad:  iv.  35.  Campus,  in  qtio  excurrere  virtus^  cognoscique 
possit,  Cic.  Mur.  8. 

NAUMACHI^,  places  for  exhibiting  naval  engagements,  built 
nearly  in  the  form  of  a  Circus-^  VETUs,i.  e.Miumachiay  Circi,  Max' 
imi,  Suet  Tit  7.  Augijsti,  Id.  43.  Tib.  7^.  Domitiani,  Id.  5. 
Martial.  Spect.  28.  These  fights  were  exhibited  also  in  the  circus 
and  amphitheatre,  7&tc(.    See;?.  291. 

III.  CURI^,  buildings  where  the  inhabitants  of  each  Curia  met 
to  perform  divine  service,  Varro.  de  L.  L.  iv.  32«  ^ee  p.  9.  or  where 
the  senate  assembled,  (Srnacci^a  ;)  p^  15. 

IV.  FORA,  public  places. Of  these  the  chief  was,  FO- 
RUM RoMANUM,  YsTUs,  vcl  MAGNiTjf,  a  lai^  oblong  ppen  space 
between  theCapitoline  and  Palatine  hills,  now  the  cow  market, 
where  the  assemblies  of  the  people  were  held,  where  justice  was 
administered,  and  public  business  transacted,  See  p.  71.  91.  109. 
&c.  instituted  by  Komulus,  Dionys.  ii.  50.  and  surrounded  with 
porticos,  shops,  and,. buildings  by  Tarquinitis  Priscus,  Liv.  i.  35. 
These  shops  were  chiefly  occupied  by  bankers,  (argentarii  j)  hence 
called  Argentarub,  sc.  tabemm,  Liv.  xxyi.  11.  vctbhes^  Plaut. 
Cure.  iv.  1.  19.  hence  ratio  pecuniarum,  quce  in  foro  versatur,  the 
State  ofmoney  matters ;  Cic.  Manil.  l.fidem  dsforo  iollercj  to  des- 


478  ROSCAN  ANTIQUITIES. 

troy  public  credit,  Cic.RulL  i.  8*  inforo  tersar%io  trade,  td.  FVae. 
^.foro  cedere^  to  become  bankrupt,  Sen.  ben.  iv.  39.  vel  inforo 
eum  non  habere,  Cic  Rabir.  Post.  15.  but  de  foro  decedere^  not  to 
a|^>ear  in  public,  ^ep.  AlL  10.  inforo  esse^  to  be  engaged  in  puUic 
business,  Id.  Cat.  U  yel  dare  operant  foro^  Flaut.  Asin.  ii.  4.  2Si.fori 
$abei,tke  rage  of  litigation,  Tacit,  ^n.  xi.  6.  in  alitnoforo  litigare^ 
to  follow  a  business  one  does  not  understand,  Martial,  prcef  xil 

Around  thefonun  were  boik  spacious  halls,  called  BASILICJ£, 
wkere  courts  of  justice  might  sit,  and  other  public  business  be  trans^ 
acted,  see  p,  110.  not  used  in  edrly  timed,  lAt.  xxvi.  27.  adorned 
with  columns  and  porticos,  Cic.  yarr.  iy.  %  y.  58.  Att.  iy.  16.  after- 
wards conyerted  into  christian  churches.     .    ^ 

The  Forum  was  altogether  surrounded  with  arched  porticbs,  wifb 
proper  piaces  left  for  entrance,-  Iav.  xli.  27.  ' 

Near  the  Rostra  stood  a  statue  of  M arsyas,  ye!  -a,  Horat.  Sat.  r. 
&  120.  who  haying  presumed  to  challenge  Apollo  at  singing,  and 
being  yanquished,  was  flayed  aliye,  Iav.  xxxyiti.  13.  Ovid.  Fast.  yi. 
707.'  Hence  his  statue  was  set  up  in  the  Forum^  to  deter  unjust  liti- 
gants. 

There  was  only  one  Forum  under  the  republic.  Julius  Csesar 
added  another;  the  area  of  which  cost  H,  S,  millies,  i.  e.  807,291/: 
13 :  4.  Suet.  Jul.  26.  Plin.  xxxyi.  15.  s.  24.  and  Augustus  a  third,  td. 
xxix.  31.  Hence  TRCVA  fora,  Ovid.Trist.m.  12.  24.  Seniec.  delra. 
&  9.  Triplex  forum,  Martial,  iii.  38;  4. 

'  Domitian  began  a  fourth'  Forum,  which  was  finished  by  Nerya, 
and  named  from  him,  FORUM  NERViE,  Suet.  Dom.  5.  called  also 
TiLLNSiTORiuH,  bccausc  it  scrycd  as  a  cdnyehient  passage  to  the 
other  three,  Lamprid.  in  Alex.  28. 

But  the  most  splendid  Forum  was  that  built  by  Trajan  and  adorn- 
ed with  the  spoils  he  had  taken  in  'wwc^iMarcellin.  tm.  6.  Ge//.'xiii. 
23. 

There  were  also  yarious  ,FORA,  or  market-places,  where  certain 
commodities  were  sold ;  thus,  Forum  BOARluM,  the  ox  and  cow 
market,  Festus;  in  which  stood  a  brazen  statue  of  a  bull,  Tacit,  xii. 
S4.  adjoining  to  the  Circus  Maximus,  Ovid.  Fast.  yi.  477.  St^iRiuw, 
the  swme-market ;  PISC ARIUM,  the  fish-market ;  Olitorium,  the 
green-market;*  ibrufTi  CupEDims,  where  pastry  and  confeclions 
were  sold ;  all  contiguous  to  one  another  aldtig  the  Tiber :  when 

Joined  together,  called  MAC]^LLUM ,  from  one  Macelhis,  whose 
louse  had  stood  there,  Varr.de  L.  L.  iv.  32.  T|iose  who  frequent- 
ed this  place  are  enumerated,  Ter.  Euri.  il.  2.  25. 

V.  TORTIOUS,  or  piazzas,  were  among  the  most  splendid  or- 
naments of  the  city.  They  took  their  names  either  from  the  edi- 
fices to  which  they  were  annexed ;  as  Porticus  Concordits^  ApoHi- 
nw,  Quirinij  Hercutis,  Theatric  Circi,  AmphilheaiHy  Sic.  Or  firom  the 
builders  of  them ;  as  Porticus  Pompeia,  Livia,  Oclaviet,  Agrippm,  Ac. 
used  chiefly  for  walking  in  or  riding  under  covert,  Grid.  Art.  Ant. 
1.67.  Cic.Dom.44. 
In  Porticos,  the  senate  and  courts  of  justice  were  sometimes  heht. 


PUBLIC  BUILDINGS.  479 

ApjMn.  BelL  civ.  n.  p.  500.    Hiere  also  Ihose  who  sold  je^ls,  pic* 
tures,  or  the  like,  exposed  their  goods. 

Upon  a  sadden  shower,  the  people  retired  thither  from  the  thea- 
tre, Vitruv.  V.  9.  Soldiers  sometimes  bad  their  tents  in  porticos,  TtP- 
ciL  HisL  u  31.  There  authors  recited  their  works,  Juvenal,  i.  12. 
philosophers  used  to  dispute,  Cic.  Oral.  ii.  20.  Propert.  ii.  33.  45. 
particularly  the  Stoics ;  whence  their  name,  (from  tf^a,  porticus)^ 
because  Zeno,  the  founder  of  that  sect,  taught  his  scholartfin  a  por- 
tico at  Athens,  called  Poectle^  {*iiwk'n,  variaypicia,)  adorned  with  va^ 
rious  pictures,  particularly  that  of  the  battle  of  Marathon,  Cic.  Mur. 
29.  Ptrs.  iii.  53.  Xep.  MlU  6.  So  Cktysippi  porticm^  the  school  of, 
/fora^  &/.  ii.  3.  44.     See  p.  37  L 

Porticos  were  generally  paved,  (pavimentata^  Cic.  Dom.  44  Q. 
fr.  iii.  L  supported  on  marble  pillars,  Senec.  Ep.  1 15.  and  adorned 
with  atatues,  Ovid,  Fast.  v.  56o.  Trist.  iii.  L  59.  Proptri.  ii.  23.  5. 
SuAtAug.Zl. 

YI.  COLUMNiE,  (<)|Xiu  vel  ^Xdi,)  columns  of  pillars  properly 
denote  the,  props  or  supports  {Jukmy  of  the  roof  of  a  b<Mise,  or  of 
the  principal  beam  on  which  the  roof  depends,  {columen^)  but  this 
term  came  to  be  extended  to  all  props  or  supports  whatever,  espe- 
mlly  siich  as  are  ornamental^  and  also  to  those  structures  which 
support  nothing,  tmless  perhaps  a  statue,  or!globe,  or  the  like* 

A  principal  part  of  architecture  consists  in  a  knowledge  of  the 
difierent  form,  size,  and  proportions  of  columns. 

Columns  are  variously  denominated  from  the  five  different  orders 
of  architecture,  Doric^  lonicf  Corinthian^  TWcan,  and  Compositej  L  e» 
composed  of  the  first  three. 

Tne  foot  of  a  column  is  called  the  base^  {basis^  Plin.  xxxvi.  23.  a. 
56.)  and  is  always  made  one  half  of  the  height  of  the  diameter  of  the 
column :  that  part  of  a  column  on  wliich  it  stands,  is  called  its  pedes* 
tal,  {stiflobdlesy  vel  •to,)  the  top,  its  chapiter  or  capital,  {epistj/liuni^ 
taput  vel  capitulumj)  and  the  straight  part,  its  shaft,  (scapus,) 

Various  pillars  were  erected  at  Rome  in  honour  of  s reat  men,  and 
to  cprnmetnonate  illustrious  actions,  Plin.  xxxiv.  5.  thus,  Columna 
MVRA9  a  brazen  pijlar,  on  which  a  league  With  the  Latins  was  writ- 
ten, lAv.  ii.  33.  Columna  hostrata,  a  column  adorned  with  figures 
of  ships  in  honour  of  Duilius,  in  the  Forum  ;see  p.  480.  of  white  mar- 
ble, Sil.  vi.'C^.  still  remaining  with  its  inscription ;  l^nother  in  the 
Capitol,  erected  by  M.  Fulvius,  the  Consul,  in  the  second  Punic  war, 
Liv.  xliL  20.  in  honour  of  Caesar,  coosistine  of  one  stone  of  Numi- 
dian  marble,  near  twenty  feet  high.  Suet.  Jul.  86.  of  Galba,  Id.  G.  23. 

But  the  most  remarkable  columns  were  those  of  Trajan  and  An* 
toninus  Pius. 

Trajan's  pillar  was  erectcfl  in  the  middle  of  his  Fortm^  composed 
of  twenty-four  great  pieces  of  marble,  but  so  curiously  cemented  as 
to  seem  but  one.  Its  height  is  128  feet ;  according  to  Eutropius^ 
144  feet;  viii.  5.  It  is  abcHit  twelve  feet  diameter  at  the  bottom ; 
and  ten  at  the  top.  It  has  in  the  inside  185  steps  for  ascending  to 
the  top,  and  forty  windows^  for  the  admission  of  light. 


480  ROMAN  ANTIQUITIES. 

The  whole  pillar  is  incrusted  with  marble,  on  which  ate  repre- 
sented the  warlike  exploits  of  that  emperor  and  his  army,  particu- 
larly in  Dacia.  On  the  top  was  a  Colossus  of  Trajan,  holding  in  his 
left  hand  a  sceptre,  and  in  his  ri^ht,  an  hollow  globe  of  gold,  in  which 
bis  ashes  were  put ;  but  Eutropius  affirms  his  ashes  were  deposited 
under  the  pillar,  viii,  5. 

The  pillar  of  Antoninus  was  erected  to  him  by  the  senate  after  his 
death.  It  is  176  feet  high,  the  steps  of  his  ascent  106,  the  windows 
56.  The  sculpture  aiid  other  ornaments  are  much  of  the  same  kind 
with  those  of  Trajan's  pillar,  but  the  work  greatly  inferior. 

Both  these  pillars  are  standing,  and  justly  reckoned  among  the 
most  precious  remains  of  antiquity.  Pope  Six^us  V.  instead  of  the 
statues  of  the  emperors,  caused  the  statue  of  St.  Peter  to  be  erected 
on  Trajan^s  pillar,  and  of  Paul  on  that  of  Antoninus. 

The  Romans  were  uncommonly  fond  of  adorning  their  houses 
with  pillars,  Cic.  Verr.  i.  55.  &c.  Horat.  ad.  ii.  18.  Juven.  viL  182. 
and  placing  statues  between  them,  (tnt^erco/umnti^,)  Cic  Yerr.  i.  19. 
as  on  temples,  Or.  Tmt*  iii.  1.  61. 

A  tax  seems  to  have  been  imposed  on  pillars,  called  CohumnAKajM, 
Cic.  Ait.  xiii.  6.  Obs.  B.  C.  iii.  28.  s.  32. 

There  was  a  pillar  in  the  Forum^  called  Cotvmna  MBnia^  from  C. 
M aenius,  who  having  conquered  the  Antiates,  A.  U.  4)7.  placed  the 
brazen  beaks  of  their  ships  on  the  tribunal  in  the  Forum,  from  which 
speeches  were  made  to  the  people ;  hence  called  ROSTRA ;  See  p. 
73.  Piin.  xxxiY.  5.  s.  11. 

Near  this  pillar,  slaves  and  thieves,  or  fraudulent  bankrupts,  uted 
to  be  punished,  Gc.  Cluent.  13.  Hence  insignificant  idle  persons, 
who  used  to  saunter  about  that  place,  were  cdled  Coi<iniiiA.aiit  Oic. 
Fam,  viii.  9.  as  those  who  loitered  about  the  RoHra  and  courts  of 
justice  were  called  Subrostrani,  Cic.  Fam.  viii..l.  and  Subba8ili« 
CASH,  Plaut.  CapL  iv.  2.  35.  comprehended  in  the  Twrha  fortnsiMf 
or  plehs  urhana^  which  Cicero  often  mentions 

VII.  ARCUS  TRIUMPH  ALES,  arches  erected  in  honour  of  it 
iustrious  generals,  who  had  gained  signal  victories  in  war,  Dio.  xlix. 
15.  li.  19.  liv,  8.  siBveral  of  which  are  still  standing.  They  were  at 
first  very  simple ;  built  of  brick  or  hewn-stpne ;  of  a  semicircular 
figure ;  hence  called  Fornicbs  by  Cicero,  Verr.  L  7.  ii.  63.  but  after- 
wards more  magnificent,  built  of  the  finest  marble,  of  a  square  ^;ure, 
with  a  large  arched  gate  in  the  middle,  and  two  small  ones  on  each 
side,  adorned  with  columns  and  statues,  and  various  figures  done  in 
sculpture,  Jw.  x;.' 136. 

From  the  vault  of  the  middle  gate,  hung  little  winged  images  of 
victory,  with  crowns  in  their  hands,  which,  when  fet  ciovm,  they  put 
on  the  victor's  head  as  he  passed  in  triumph.  This  magnificence 
oegan  under  the  first  emperors  ;  hence  Pliny  calls  it  Novicium  im- 
VB»^y>',Kxiv.6.s.  12.  / 

o«  Jfiil^  ^^^^^^'  trophies,  were  spoils  taken  from  die  ^n^my, 
A?*«  A  ^^^J^^y  tWng,  as  signs  or  monuments  of  victory,  {a  rpm 
juga,)  erected  {ponia  vel  etatuta,)  usually  in  the  place  where  it 


PUBLIC  BUILDINCa  481 

was  gainedy  and  consecrated  to  some  divinity,  with  an  inseription, 
ytrg.  JEn.  x\.  5.  iii.  388.  Ovid.  Art.  Amor.  ii.  744.  Tacit.  Ann.  li.  22. 
Cmri.  vii.  7.  viii.  1.  used  chiefly%mong  the  ancient  Greeks,  who,  finr 
a  trophy,  decorated  the  trunk  of  a  tree  with  the  arms  and  spoils  of 
the  vanquished  enemy,  Stat.  Theb.  ii.  707.  Juv.  x.  133.  Those  who 
erected  metal  or  stone,  were  held  in  detestation  by  the  other  states, 
Gc.  de  Invent,  ii.  23.  nor  did  they  repair  a  trophy  when  it  decayed, 
to  intimate  that  enmities  ought  not  to  be  immortal,  Plutarch.  Quast. 
Rom.  36.  Diod.  Sic.  13. 

Trophies  were  not  much  used  by  the  Romans,  who.  Floras  says, 
never  insulted  the  vanquished,  iii.  2.  They  called  any  monuments 
of  victory  by  that  name,  Cic.  Arch.  7.  Dom,  S7.  Pis.  38.  Plin.  pa- 
neg.  59.  Piin.  nat.  fust,  iii.  3.  s.  4.  20.  s.  24.  Thus  the  oak  tree, 
with  a  cross  piece  of  wood  on  the  top,  on  which  Romulus  carried  the 
spoils  of  Acron,  king  of  the  Cseninenses,  is  called  by  Plutarch 
rfocaiov :  by  Liv.  ferculum,  i.  10.  or,  as  others  read  the  passage, 
FRRETRUM.  Tropctum  is  also  put  by  the  poets  for  the  victory  itself, 
Horat.  od.  ii.  19.  Mep.  Themist.  5.  or  the  spoils,  Virg.  O.  iii.  32. 

It  was  reckoned  unlawful  to  overturn  a  trophy,  as  having  been 
consecrated  to  the  gods  of  war.  Thus  Caesar  left  standing  the 
trc^hies  which  Pompey,  from  a  criminal  vanity,  had  ere<;ted  on  the 
Pyrenean  mountains,  after  his  conquest  of  S^torius  and  Perpenna 
in  Spain,  Dio.  xli.  24.  Strab.  iii.  p.  156,  and  that  of  Mithridates  over 
Triarius,  near  Ziela,  in  Pontus,  Id.  xlii.  48.  but  reared  opposite  to 
them  monuments-  of  his  own  victories ;  over  Afranius  and  Petreios 
in  the  former  place,  and  over  Pharnaces,  the  son  of  Mithridates,  in 
the  latter,  Ibid.  The  inscription  on  Caesar's  trophy  on  the  Alps  we 
have,  Plin.  iii.  20.  s.  24.  Drusus  erected  trophies  near  the  Elbe,  for 
his  victories  over  the  Germans.  Dio.  Iv.  1.  Flor.  iv.  12.  23.  Ptole- 
my  places  them  {inter  Canduam  et  Lvppiam)^  ii.  11. 

There  are  two  trunks  of  marble,  decorated  like  trophies,  still  re* 
maining  at  Rome,  which  are  supposed  by  some  to  be  those  said  to 
tiave  been  erected  by  Marius  over  Jugurtha,  and  over  the  Cimbri 
and  Teutonic  vel  -«5,  Suet  Jul.  11.  Yal.  Max.  vi.  9.  14.  But  this 
seems  not  to  be  ascertained. 

IX.  AQU^DUCTUS,  see  p.  372.  The  care  of  them  anisiently 
-belonged  to  the  Censors  and  iEdiles ;  afterwards  certain  ^^rs  were 
appointed  for  that  purpose  by  the  emperors,  called  Curatores  a^u^* 
AUM,  with  720  men,  paid  by  the  public,  to  keep  them  in  repair,  divided 
into  two  bodies,  (families;)  the  one  called  Pubuca,  first  instituted  by 
Agrippa,  under  Augustus,  consisting  of  260 ;  the  other  Famiua  C  asa- 
HIS,  of  460,  instituted  by  the  emperor  Claudius,  Frontin.  dt  Aqtueduct. 

The  slaves  employed  in  taking  care  of  the  water,  were  called'' 
AquARii,  Cic.  Fam.  viii.  6.  Aquaria  provincia  is  supposed  to  mean 
the  charge  of  the  port  of  Ostia,  Cic.  t^ai.  5.  Mur.  8. 

A  person  who  examined  the  height  from  wbiotr  wat^r  misbt  be 
brought,  was  called  LIBKATOR,  Plin.  ep.  x.  50.  69.  the  mstni* 
ment  by  which  this  was  done,  AquAaiA  libra,  Vitniv,  viii.  6.  hence 
locus  pari  libra  cum  muon  rmrif  e^t,  of  tb^  same  bright.  Columella 

61 


482  ROMAN  ANTIQUITIES. 

viii.  17.  Omnes  aqucB  diversA  in  ttrbem  libra  pervenivnty  from  a  di?« 
fcrent  height,  Frontin.  i.  18.  So  iurres  ad  iibram  facitB^  of  a  pro- 
per height,  C<B$.  B.  C  iii.  40.  LotMs  ad  libtllam  {Bquusy  quite  levely 
Varr.  dt  R.  R.  i.  6. 

The  declivity  of  an  aqueduct  {libramtnium  aqua)  was  at  least  the 
fourth  of  an  inch  every  100  feet,  (m  centenos  pedes  sicilici  minitmam 
erit,)  Plin.  xxxi.  6.  s.  31.  according  to  Vitnivius,  half  a  foot,  viii.  7, 
The  moderns  observe  nearly  that  mentioned  by  Pliny.  If  the  wa- 
ter was  conveyed  under  ground,  there  were  openings  (Jlumina)  every 
240  feet  {in  binos  aciusi)  Ibid. 

The  Curator  or  prafectus  aquarum  was  invested  by  Augustus  with 
considerable  authority,  SueL  Aug.  37.  attended  without  the  city  by 
two  lictors,  three  public^laves,  an  architect,  secretaries,  &c.  Fron- 
tin, hence,  under  the  late  emperors,  he  was  called  Consulasu 
AQUA  RUM,  /.  1.  C.  de  Aqu<Bd, 

According  to  P.  Victor,  there  were  twenty  aqueducts  in  Rome, 
but  others  make  them  only  fourteen.  They  were  named  from  the 
maker  of  them,  the  place  from  which  the  water  was  brought,  or  from 
some  other  circumstance  ;  thus,  Aqua  Claudia^  Appia^  Marcia^  Ju- 
lia^ Cimina,  Felix^  Virgo,  (vel  virgineus  liquor,  Ovid.  Pont.  i.  8^ 
38.)  so  called,  because  a  young  girl  pointed  out  certain  veins,  which 
the  diggers  following,  found  a  great  quantity  of  water,  Frontin.  but 
others  give  a  different  account  of  the  matter,  Plin.  xxxi.  3.  Caasio- 
dor.  vii.  epist.  6.  made  by  Agrippa,  Dio.  liv.  14  as  several  others 
were.  Suet.  Au^.  42.  Dio.  xlviii.  32.  xlix.  14.  42. 

X.  CLOACifi,  (a  cLuo  vel  conluo,  L  e.  pur  go,  Fest.  &  Plin. 
aewcrsy  drains,  or  sinks,  for  carrying  off  the  filth  of  the  city  into  the 
Tiber ;  first  made  by  Tarquinius  Priscus,  lAv.  i.  38.  extending  un- 
der the  whole  city,  and  divided  into  numerous  branches :  the  arches 
which  supported  thestrects  and  buildings  were  so  high  and  broad, 
that  a  wain  loaded  with  hny,  {yehis,  v.  -esfani  large  onusta^)  might 
go  below,  and  vessels  sail  in  them  :  hence  Pliny  calls  them  optrvm 
omnium  dictu  maximum,  siij^ossis  montibus,  atque  urbe  pensili,  subter^ 
que  navigatd,  xxxvi.  13.  So  Strab,  v.  p.  225.  There  were  in  the 
streets,  at  proper  distances,  openings  for  the  admission  of  dirty  wa- 
ter, o£  any  other  filth,  Horat.  Sat,  ii.  3. 242.  which  persons  were  ap- 
ppinted  always  to  remqve,  and  also  to  keep  the  Cloaca  clean,  Plin. 
ep.  X.  41.     This  was  the  more  easily  effected  by  the  declivity  of  the 

f  round,  and  the  plenty  of  water  with  which  the  city  was  supplied, 
Hin.  xxxvi.  15. 

The  principal  sewer,  with  which  the  rest  communicated,  was  call- 
ed CLOACA  MAXIMA,  the  work  of  Tarquinius  Superbus,*  Iav. 
i.  56.  various  cloaca  were  afterwards  made,  Liv.  xxxix.  44. 

*  "  Amongst  the  works  of  public  utility  belooging  to  Rome,  none  seem  to  have 
excited  greater  admiration  in  the  ancients  tbemseives  than  the  Cloaca.  And  from 
what  remains  of  the  Cloaca  Maxima  at  the  present  da^r*  we  may  infer  that  the  praise 
which  they  bestowed  on  these  worlcs  was  not  unmerited.  The  structure  of  thra  vaat 
Cloaca  is  universally  ascribed  to  Tarquinius  Supcrbus,  though  it  was  planned  and 
coDimenced  by  the  elder  Tarqain.  It  was  intended,  together  with  iU  different  rami- 
ications,  to  oaity  off  tha  waters  which  stagnated  in  the  low  grounds  near  Ui«  Foramt 


PUBLIC  BUILDINGS.  483 

The  Cloaca  at  first  were  carried  through  the  streets,  {per  publi- 
cum ductit  ;)  but  by  the  want  of  regtilarity  in  rebuilding  the  city,  af- 
ter it  was  burnt  by  the  Gauls,  they  in  many  places  went  under  pri- 
vate houses,  Liv,  v.  55. 

Under  the  republic,  4he  censors  had  the  charge  of  the  Cloaca  ; 
but  under  the  emperors,  Curatores  Cloacarum  were  appointed,, 
and  a  tax  imposed  for  keeping  them  in  repair,  called  Cloacarium, 
Ulpian, 

XL  VliE. — The  public  ways  were  perhaps  the  greatest  of  all  the 
Roman  works,  made  with  amazing  labour  and  expense,  extending  to 
the  utmost  limits  of  the  empire,  from  the  pillars  of  Hercules  to  the 
Euphrates,  and  the  southern  confines  of  Egypt.* 

with  the  other  imparities  of  thr  city.  Pliny  expresses  bis  wonder  at  the  solidify  and 
durability  of  this  Kreat  undertaking,  which,  after  a  lapse  of  700  years,  still  remained 
uninjured  and  entire.  So  vast  were  the  dimensions  of  this  Cloaca,  that  a  cart 
loaded  with  hay  could  easily  pass  under  it.  Dionysius  informs  us,  tbnt  it  cost  the 
state  the  enormous  sum  of  1000  talents  to  have  the  Cloaca  cleaned  and  repaired. 
We  hear  afiio  of  other  se^rers  being  made  from  time  to  time  on  mount  Aventineand 
other  places,  by  the  censors  M.  Cato  and  Valerias  Flaccus,  but  more  especially  by 
Agripp«i,  who,  according  to  Pliny,  is  said  to  have  introduced  whole  rivers  into  these 
hollow  channels,  on  which  the  city  was  as  it  were  suspended,  and  thus  was  render- 
ed subterraneousiy  navignhle."    Cramer. — £d. 

*  In  order  to  afford  some  idea  of  the  nature  and  importance  of  these  works,  we 
€opy  from  the  accurate  account  of  them  given  in  the  description  of  ancient  Italy  by 
Cramer,  so  much  as  may  indicate  their  course  and  extent  through  the  various  pro- 
vinces of  that  country. 

*'  The  principal  wny,  which  traversed  Liguria,  as  well  as  the  most  ancient,  was  that 
which  followed  the  whole  length  of  the  coast,  and  led  into  Gaul  hy  the  Alpis  Mari- 
tima.  It  was  made  by  the  consul  Aurelius,  about  605  U.  C.  and  from  him  was  call- 
ed the 

"  Via  Aorblia.  It  seems  to  have  been  laid  down  in  the  first  instance  from  Rome 
to  Pisa,  from  which  point  It  was  subsequently  continued,  under  the  name  of  the  Via 
iEmilia,  by  the  consul  JSmilius  Scaurus,  A.  U.  C.  639,  as  far  as  Vada  Sabata  :  here 
it  left  the  coast,  and  led  by  a  circuitous  route  to  Acqiti  and  Tortona.  At  a  lat^r  pe- 
riod, however,  this  ro«id  was  carried  along  the  coast  to  the  Maritime  Alps,  and  even 
beyond  them  into  Gaul  as  far  as  Arelate,  Arlts ;  when  the  name  of  Via  Aurelia,  as 
we  find  from  the  Itinerary  of  Antoninus,  was  commonly  used  to  denignate  the  route 
between  that  city  and  Rome. 

*'  The  Via  Posthcmia  was  another  great  Roman  road,  which,  beginning  at  Genoa, 
traversed  the  Apennines,  and  the  part  of  Liguria  which  lies  on  the  otner  side  of 
that  chain ;  and  continued  its  course  through  a  great  portion  of  Cisalpine  GhuI,  as 
faras  Verona.  It  ha:i  not  been  ascertained  by  whom  and  at  what  time  this  road  was 
constructed ;  but  we  know  that  it  must  have  existed  before  636  U.  C.  the  date  of  the 
brazen  tablet  of  Genoa,  in  which  mention  is  made  of  it.  It  may  with  probability  be 
ascribed  to  A.  Poatbuuiius  ALbinus,  who  was  consul  in  672  U.  C.  and  afterwards 
ceusi>r  in  578. 

'*U\  examining  the  different  roads  which  intersected  the  province  Just  described,  we 
shall  commence  with  those  which  crossed  the  Alps,  and  terminated  at  Milan.  They 
were  constructed,  as  Sirabo  informs  us,  by  order  of  Augustus;  though  we  are  not  to 
understand  the  geo<:raphtir  as  stating,  that  these  mountain-passes  were  opened  for 
the  first  time  during  the  reign  of  that  emperor,  but  that  they  were  rendered  more  ' 
easy  of  access  by  the  works  which  be  caused  to  be  undertaken  there.  That  which 
traversed  the  Graian  Alp,  or  the  Little  St.  Bernard,  led  from  Milan  to  Vienne,  for- 
merly tiie  capital  of  the  Allobroges,  through  the  country  of  the  Centrones,  now  the 
Tareittaise :  the  other,  which  crossed  the  Pennine  Alp,  or  Grenl  ^t.  Bernard,  esta- 
blished a  communiration  between  the  former  city  and  Lyons,  There  were  also  two 
passes  over  the  Rh.iitian  Alps,  which  afforded  a  communiration  beiweeu  Curia, 
Coire,  and  Milan  ;  the  one  traversing  the  Splnven,  the  other  Muvt  Septimer,  and  both 
ureeting  Ht  Clavenna,  Chiacenna.  These  roads  also  were  probably  made  hy  Augns- 
tui,  but  the  passes  had  been  frequented  loog  before,  ai  Strabo  reports  on  the  outhori- 


484  ROMAN  ANTIQUITIES. 

The  Carthaginians  are  said  first  to  have  p^Yed  (stravisst)  their 
roads  with  stones :  and  after  them,  the  Romans,  Isidor.  xv.  16. 

ty  of  Polybius.  From  Miliin  two  great  roads  branched  off  to  (he  eastern  and  soath- 
ern  eitremities  of  the  province;  (be  one  leading  to  Verona^and  Aqui(eia,  (he  latter 
to  Placentia  and  Ariminam  :  the  tame  vame  of  Via  Emilia  was  however  applied  to 
both.  Concerning  this  celebrated  way,  we  learn  that  it  was  made  by  M.  ^miliua 
Lepidus,  who  was  consul  A.  U.  C.  567,  in  continuation  of  (he  Via  Flaminia,  which 
haa  been  earried  from  Rome  to  Arimtnum.  The  Via  Emilia  was  laid  down  in  the 
first  instance  as  far  as  Bologna,  but  subsequently  it  was  continued  to  Placentia  and 
JUs/aii,  and  finally  to  Verona  and  Aquileia.  There  was  another  branch  of  it  b6w- 
ever  which  led  from  Bologna  to  this  last  city  by  a  shorter  cut,  (bough  s(i!l  avoiding 
the  marshes  of  the  Po,  and  rejoining  the  main  road  at  Padua.  Lastly,  we  may  no- 
tice a  rood  which  seems  to  have  led  from  Parma  through  Lignria  into  Etnirla.  No 
mention  is  made  of  It  in  (he  Itineraries,  but  there  U  good  historical  evidence  of  tbo 
eiistence  of  such  a  route :  and  we  conceive  that  it  was  by  (his  roHd  that  the  Roman 
armies  asoally  penetrated  from  Etrnria  into  Cisalpine  Gaul,  before  the  Flaminian 
nod  ^milian  ways  had  been  laid  down.  The  general  direc(ion  of  this  route,  which 
is  now  much  frequented,  seems  to  have  been  from  Pisa  to  Luca,  Satgana,  Poutrtma- 
H,  FoTNOM,  and  Parma. 

*'  Aquileia  was  the  central  point  to  which  all  the  roads  that  traversed  Venetia  tend- 
ed, and  from  which  others  diverged  to  pass  into  the  neighbouring  provinces  of  Illyria 
find  Pannonia.  The  principal  and  most  important  of  (hese  was  that  branch  of  the 
Via  iBmilia  which  has  been  described  from  Milan  to  Verona  in  (he  preceding  secdon. 
At  Verona,  this  road  was  joined  by  another,  which  crossed  the  Tridentiue  Alps,  and 
terminated  in  Germany  at  Augusta  Vindelicorum,  Augalmrg ;  following  precisely 
the  same  direction  as  the  modern  ctiauss^e,  which  traverses  toe  Tyrolj  and  descends 
into  Italy  by  Trtat  and  the  valley  of  the  Adige.  From  (his  road  again  we  find  two 
others  branching  off  at  difftirent  points,  through  the  most  mountainous  parts  of  the 
Carnic  territory,  and  joining  the  Via  Emilia,  the  one  at  Aquileia,  (he  o(her  at^Coo- 
cordia.  From  Aquileia,  two  roads  led  into  Pannonia  and  Hi&tria.  The  firibt  of 
these  crossed  the  Julian  Alps,  or  tbe  Mons  Ocra  of  Slrabo,  a  passage  apparently  fre- 
quented from  the  earliest  period.  The  road  leading  from  Aquileia  into  His(ria  fol- 
lowed (he  coast  round  the  peninsula  as  far  as  Tarsatica,  uo  Tanaigtit  in  Liburoia. 

*'The  Via  Aurelia  hits  already  been  (rea(ed  of  in  (he  Eec(ion  which  relaled  toLigu- 
ria.    The  neit  road  to  be  noticed  as  traversing  Etruria  was  the 

**Vik  Claudia,  or  Clodia,  which  parted  from  the  Via  Flaminia  a  little  beyond  tbe 
Pons  Milvius,  and  again  from  the  Via  Cassia  a  few  miles  farther.  We  are  not  In- 
formed by  whom  it  was  cons(ruc(ed,  and  indeed  i(s  direc(ion  is  but  impcrfecdy 
traced  from  the  Itineraries ;  it  probably  fell  into  disuse  wheu  the  cen(ral  parts  of 
E(rorla,  which  it  seems  to  have  crossed,  became  onfrequ^ted.  From  SituMo^  I  am 
inclined  to  tliink  that  this  road  proceeded  to  fToreace,  where  It  rejoined  the  Via  Cas- 
sia, and  from  thence  to  Luua  and  Luna.  The  Antonine  Itinerary  indeed  describes 
a  route  between  the  two  first  cities,  under  the  name  of  Via  Clodia.  We  are  equally 
ignorant  by  whom  tbe  Via  Ca&sia  was  constructed.  It  is  only  known  (hat  it  eiisled 
prior  to  Cicero's  time ;  for  he  informs  us  in  the  second  Philippic,  thai  it  was  one  of 
the  three  roads  which  led  from  Rome  into  Cisalpine  Gaul.  We  have  si;f>o  that  it 
joined  (he  Via  Clodia  at  Flortnee,  At  the  station  called  ad  Novas,  a  road  branched 
off  to  the  left  towards  SUnna:  if  the  distances  are  right,  this  communication  must 
have  been  a  circuitous  one.  We  are  inclined  (o  (hink  thai  it  joined  the  Via  Cludia 
near  Simm,  thus  connecting  the  central  parts  of  Etruria  with  the  coast.  Lastly,  (here 
remainrto  be  noticed  a  road  which  branched  off  from  the  Via  Cassia  at  Baccmmo 
and  led  to  Amerla  in  Umbria,  from  which  city  it  obtained  the  name  of  Via  Amerioa. 

'*  The  principal  road  we  have  to  notice  in  Umbria  and  Picenum,  is  the 

^«*  Via  Flamikia,  together  with  its  several  branches,  it  was  constructed  by  C.  Fla- 
minius  when  censor,  A.  II.C  633.  and  was  carried  in  the  first  Instance  from  Rome 
to  Namia;  from  thence  it  branched  off  in  (wo  directions  to  Mevania  and  Spoletum, 
uniting  however  again  at  Fulginia :  from  this  place  it  continued  its  course  to  Noce- 
ria,  and  was  there  divided  a  second  time,  one  branch  striking  off  through  Picenum 
to  Aneona;  from  whence  it  followed  the  coast  to  Fanum  Fertunse ;  here  it  met  tbo 
other  branch,  which  passed  the  Apennines  more  to  tbe  north,  and  descended  upon 
the  sea  by  (he  pass  of  the  Petra  Pertusa  and  Forum  Sempronii.  These  two  roadi 
thus  reunited  terminated  at  Ariroinum.  From  Aneona  there  was  a  road  which  kept 
alonjK  the  coast  of  Picenum,  and  connected  the  Flaminian  with  (he  Salarian  way. 

**  The  first  road  which  we  have  to  notice  in  the  country  of  the  Sabiai  it  the 


PUBUC  BUILDINGS.  485 

The  first  road  which  the  Romans  paved,  (muniverunt^)  was  to 
Capua ;  first  made  by  Appius  Claudius,  the  censor,  the  same  who 

**  Vu.  Salaria,  which  traverMcl  the  Sabine  country,  and  tarmiimted  at  Hadria  fai 
Picenum.  We  are  told  thai  it  obtained  its  name  from  the  use  to  which  it  was  coa* 
verted  by  the  Sabinea,  for  the  importation  of  salt  inlo  their  country  from  the  sea. 
When  or  by  whom  U  was  constructed  is  not  known  ;  but  it  appears  to  have  e listed 
as  early  as  the  first  invasion  of  the  Gauls ;  for  the  battl<»  on  the  Allia  is  said  to  have 
been  fought  near  the  eleventh  milestone  on  that  road.  Strabo  informs  us^  that  it 
commenced  at  the  Porti  CoUioa,  as  did  also  the  Via  Nomentana,  which  rejoined 
the  former  near  Eretum. 

"  The  Via  Valeria  is  supposed,  on  the  authority  of  a  passage  In  Livy,  to  have  beea 
made  by  M.  Valerius  Maximus^  who  was  censor  with  C.  Junius  Bubulcus  A.  U.  C. 
447.  It  commenced,  as  Strabo  informs  us,  at  Tibur,  where  the  Via  Tiburtina  termi- 
Dated,  and  led  through  the  territories  of  the  JF.qui  and  Alarsi  to  Corfioium ;  but  the 
Itineraries  make  it  extend  as  far  as  Hodria  in  Picenum. 

'*  In  describing  the  different  roads  which  traversed  Laiinm,  we  shall  notice  them  in 
their  order  as  they  severally  branched  off  from  Rome,  their  common  centre.  The 
Arst  is  the 

"Via  OsTiBifsis,  which,  as  its  name  sufficiently  implies,  led  to  Ostia,  commencing 
•t  the  Porta  Trigemina ;  or,  if  we  take  a  later  period,  at  the  Porta  Ostieusis,  now 
Ferto  &  Pu^lo.  The  Via  Laurentinn  branched  off  from  this  road  about  two  miles 
from  Rome,  and  terminated  at  Laurentum.  We  have  no  account  of  this  Roman  way 
in  the  Itineraiies,  but  we  are  informed  of  its  existence  from  Ovid.  The  next  road  is 
the. 

"  Via  AftDBATiHA,  which  evidently  was  intended  to  establish  a  communication  with 
Ardea,  distant  about  twenty  miles  from  Rome.  There  was  also  a  road  which  fol- 
lowed the  line  of  the  const  from  Ostia  to  Tarracina,  it  was  called  Sxvkriaka,  having 
been  constructed,  or  more  probably  rcpairedi  by  order  of  the  emperor  Severus,  as 
wa  learn  from  ancient  inscriptions. 

"  The  Appian  way  was  the  most  celebrated  of  the  Roman  roads,  both  on  account 
of  its  length  and  the  dii&culties  which  it  was  necessary  to  overcome  in  Its  coustrac- 
tion. 

qua  limite  noto 

Appia  longarnm  terltur  Reglna  viarura. 

Stat.  Silv.  H.  2. 

It  was  made,  as  Livy  informs  us,  by  the  censor  Appius  Gascus,  A.  IT.  C.  442.  and  in 
the  first  instance  was  only  laid  down  as  far  as  Capua,  a  distance  of  about  a  thousand 
stadia,  or  an  hundred  and  twenty-five  miles;  but  even  this  portion  of  the  work,  ac* 
cording  to  the  account  of  Diodurus  Stculus,  was  executed  in  so  expensive  a  manner 
that  it  exhausted  the  public  treasury.  From  Capua  it  was  subsequently  carried  on  to 
Benev,entum,  and  finally  to  Brundusiom,  wheu  ibis  port  became  the  great  place  of  re- 
sort for  those  who  were  desirous  of  crossing  over  into  Greece  and  Asia  Minor.  This 
latter  part  of  the  Appian  way  is  supposed  to  have  been  constructed  by  the^ousul  App. 
Claudius  Pulcher,  grandson  of  Ctecus,  A.  U.  C.  504.  and  to  have  been  completed  by 
another  consul  of  the  same  family  thirty-six  years  after.  We  find  frequent  mention 
made  of  repairs  done  to  this  road  by  the  Roman  emperors,  and  more  particularly 
by  Trajan,  both  in  the  histories  of  the  time  and  also  in  ancient  inscriptions.  This  road 
teems  to  have  been  still  in  excellent  order  in  the  time  of  Procopius,  who  gives  a 
very  good  account  of  the  manner  in  which  it  was  constructed.  The  next  road  which 
presents  itdelf  to  our  notice  is  the 

"  Via  LaTiHA.  It  commenced  at  the  Porta  Capena,  and  fell  into  the  Via  Apple  at 
Boneventum.  Of  its  formation  we  have  no  account,  but  it  was  certainly  oi  great 
axitiqaity,  and  existed  probably  before  the  Romans  had  conquered  Latium.- 

"  The  Via  Lavican  a,  so  called  from  its  passing  close  to  the  ancient  city  of  Lavlcaa, 
communicated  with  the  Via  Latina. 

'*  The  Via  PRJENKsriirA,  like  the  Via  Lavicana,  issued  from  the  Porta  Esquillna,  and 
fell  Inlo  the  Via  Latina. 

'*  So  far  the  description  of  the  Appian  way  has  been  confined  to  that  portion  of  It 
which  traversed  the  Latin  plains ;  we  may  therefore  resume  our  statement  of  tha 
stations  and  distances  of  this  celebrated  road  from  the  borders  of  Campania,  and 
earry  it  on  to  the  limits  of  the  Samnite  territory.  The  Latin  way,  which  we  alto 
left  on  the  confines  of  Campania,  in  the  ladt  section,  may  be  considered  as  falling 


486  ROMAN  ANTIQUITIES. 

built  the  first  aquasduct,  A.  U.  441.  Liv.  ix.  29.  Eutrop.  ii.  4  after- 
wards continued  to  Brundusium,  Horat.  ep.  i.  18. 20.  Sat.  i.  5.  Ta- 
cit, Ann.  ii.  30.  about  350  miles,  but  by  whom  is  uncertain  ;  called 
BEGIN  A  WARVtHy  Stat.  Sylv.vi.  2.  11.  paved  with  the  hardest  flint, 
so  firmly,  that  in  several  places  it  remains  entire  unto  this  day, 
about  2000  years ;  so  broad,  that  two  carriages  might  pass, one  an* 

into  the  Via  Appia  at  Capua.  The  Applan  and  Latin  ways  were  also  connected  by 
a  cross  road  which  branched  off  from  Ibe  furmer  at  Minturnse,  and  passing  through 
Suessa  Aurunca,  joined  the  Via  Latiiia  at  Teanuin.  From  inscriptions,  we  learn  that 
it  was  called  Via  Uadriana,  from  having  been  constructed  at  the  expense  of  that 
emperor.  Another  great  road  followed  the  Cam{)anian  coast  from  Sinuessa  to 
Surrentum,  passing  through  Cums,  Puteoli,  and  Neapolii;  that  portion  of  it  lying 
between  the  first  of  these  cities  and  Sinuessa,  obtaiued  the  name  of  Via  Domitiana 
from  the  emperor  Domitian,  who  caused  it  to  be  constructed,  as  we  are  informed,  by 
Statius.  In  the  Itinerary  of  Antoninus  this  route  is  culUled  "  Iter  a  Terracina  Nea- 
polim."  The  route  which  led  from  Capua  to  Cumx  is  termed  Via  Conmlaris  by 
riiny ;  it  also  sometimes  called  Via  Campana.  One  branch  of  it  diverged  to  Puteoli. 
From  Capua  also  commenced  a  Roman  way,  which  traversed  a  portion  of  Campa- 
nia, the^whole  of  Lucania  and  Brutiium,  and  terminated  at  Rhegium  on  the  Sicilian 
Straits.  A  curious  inscription,  discovered  at  PoUa  in  Calabria^  informs  us  that  Ihii 
road  was  constructed  by  M.  Aquilius  Gailus,  the  proconsul,  the  same  probably  who 
is  mentioned  by  Florus  as  having  been  proctor  in  Sicily.  In  this  inscription  all  the 
distances  are  reckoned  from  the  spot  wnere  it  was  fixed  to  each  place  or  station  on 
the  road  from  Capua  to  Rhegium. 

*^  The  course  of  the  Appian  way  has  been  described  through  Campania  as  far  as 
Capua ;  from  that  point  therefore  we  may  resume  the  detail  of  its  stationi  and 
distances  as  far  as  Beneventum,  and  from  thence  agarn  through  the  different  rami- 
fications of  the  same  rou(e  to  the  confines  of  Apulia.  From  Beneventum, one  branch 
of  the  Appian  way  proceeded  ihrvugh  the  country  of  the  Ilirpini  to  Venusia  in  Apu- 
lia, and  from  thence  to  Tarentum  and  Brundusium.  Another  branch  look  a  nioro 
northerly  direction  on  leaving  Beneventum,  and  fiassing  the  Apennines  near  ^quo- 
iuticum,  led  to  Canusium  in  Apulia,  and  from  thencc  along  the  coast  to  Brundusium : 
the  latter  part  of  this  road  was  called  Via  Egnatia.  The  northern  part  of  Samniuta 
was  traversed  by  a  road  which  communicated  with  the  Valerian.  Latin,  and  Appian 
ways,  and  after  crossing  through  part  of  Apulia,  fell  into  the  Via  Aquiiia  in  Luca- 
nia. There  i^i  reason  for  supposing  this  to  have  been  the  Via  Numiciaof  which  Ho- 
race saySj 

Brundusium  Numici  melius  via  ducat,  an  Appi. 

I.  EpisT.  18. 

For  Cicero  speaks  of  a  Via  Minucia,  which  must  have  agreed  in  direction  with  that 
which  I  am  now  describing  ;  and  early  critics  have  remarked,  that  the  (roe  reading 
in  this  passage  of  Cicero  was  Numlcia.  In  the  Itinerary  of  Anioninus  this  route  is 
described  under  the  head  **  Iter  a  Mediolano  per  Picenumet  Campaniam  ad  Colum- 
nam.*'  We  may  here  observe  that  a  branch  of  the  Via  Lalina  crossed  into  this 
route  from  Teanum  Sidicinum.  and  thus  afforded  a  more  direct  communication 
between  that  town  and  Beneventum  ihan  by  Capua.  Finally,  a  cro$s-road  led 
from  Beneventum  ioto  the  country  of  the  Piceniini,  where  it  fell  in  with  the  Via 
Aquiiia  at  Picen|ia.  The  only  ronle  which  traversed  the  territory  of  the  Frentani 
was  a  continuation  of  the  Via  Saiaria,  which  followed  the  coast  as  far  as  Brundusium. 
According  to  Jiomanelli  it  was  termed  Via  Frentana  Apula.  But  in  the  Itinerary 
of  Antoninus  wo  find  it  described  under  the  head  "  Via  Flaminiaper  Picunuui  Bruu- 
du4ium.*' 

**  There  yet  remains  to  be  noticed  a  road  which  followed  the  whole  coast  of  the  Ta- 
pygtan  peninsula,  from  Brundusium  tu  Tarentum.  The  principal  road  to  be  noticed 
in  Lucania  was  the  Via  Aquiiia.  We  find  also  in  the  Antonine  Itinerary  a  cross  road 
communicating  with  the  Via  Appia  and  the  Via  Aquiiia.  On  the  eastern  coast  we 
have  to  follow  (he  couise  of  another  Roman  way,  which  terminated  at  Rhegium. 
An  ancient  inscription,  as  cited  by  Ilomanelli,  informs  us,  (hat  this  road  was  regarded 
as  a  branch  of  the  Appian  way,  and  that  in  consequence  of  its  huvinr  bccix  re;kiirt»d 
by  Trajan,  it  took  the  name  of  Via  Tngana.**     Cramer, --T^, 


PUBLIC  BUILDINGS.  48T 

other,  commonly  however  not  exceeding  fourteen  feet  The  stones 
were  of  different  sizes,  from  one  to  five  feet  every  way,  but  so  art- 
fully joined,  that  they  appeared  but  one  stone.  There  were  two 
strata  below  ;  the  first  $/ra/um  of  rough  stones  cemented  with  mor- 
tar, and  the  second  of  gravel ;  the  whole  about  three  feet  thick. 

The  roads  were  so  raised  as  to  command  a  prospect  of  the  ad- 
jacent cduntry.  On  each  side  there  was  usually  a  row  of  lai^r 
atones,  called  M arginbs,  a  little  raised  for  foot  passengers ;  hence 
the  roads  were  said  Marginari,  Liv.  xli.  27. 

Sometimes  roads  were  only  covered  with  gravel,  (g/area,)  with 
a  foot-path  of  stone  on  each  side,  Ibid. 

Augustus  erected  a  gilt  pillar  in  the  Forum^  called  MILLIARIUM 
AUREUM,  Plin.  iii.  5.  Tacit.  Hist.  i.  73.  Suet.  0th.  6.  Dio.  liv.  8. 
where  all  the  military  ways  terminated,  Plut.  in  Galba^  p.  1064. 
The  miles  however  were  not  reckoned  from  it,  but  from  the  gates 
of  the  city,  1.  154.  D.  de  V.  S.  along  all  the  roads,  to  the  limits  of 
the  empire,  and  marked  on  stones ;  hence  lAPIS  is  put  for  a  mile ; 
thus,  ad  tertium  lapidem^  the  same  with  tria  millia  passuum  ab  ur6e, 
Plin.  XV.  18.  Liv.  xxvi.  10.  At  smaller  distances  there  were  stones 
for  traveller  to  re'^t  on,  and  to  assist  those  who  alighted  to  mount 
their  horses,  Plutarch,  tn  Gracch.     See  p.  185. 

The  principal  roads  were  called  PUBLlCiE,  vel  Militares,  coit- 
sulareSf  vel  pratoria  ;  as  among  the  Greeks,  ^aaiTaiwu,  i.  e.  regite  ; 
the  less  frequented  roads,  PRIVATE,  agraruB^  vel  vicinaUsf  quia 
ad  agros  tt  vicos  ducunt^  Ulpian. 

•The  charge  of  the  public  ways  was  intrusted  only  to  men  of  the 
highest  dignity,  Plin.  ep.  v.  15.  Augustus  himself  undertook  the 
charge  of  the  roads  round  Rome,  and  appointed  two  men  of  Praeto- 
rian rank  to  pave  the  roads ;  each  of  whom  was  attended  by  two 
lictors,  Dio.  hv:  8. 

From  the  principal  ways  there  were  cross-roads,  which  led  to 
some  less  noted  place,  to  a  country  villa,  or  the  like,  called  DIVER- 
TICULA, Suet.  Mr.  48.  Plin.  31.  3.  s.  25.  Sery.  ad  Mn.  ix.  379. 
which  word  is  put  also  for  the  inns  along  the  public  roads,  hiv.  i.  51. 
Donat.  in  Ter.  Eun.  iv.  2.  7.  hence  for  a  digression  from  the  prin- 
cipal subject,  Liv.  ix.  17.  Juvenal,  xv.  72. 

But  places  near  the  road  where  travellers  rested  (qud  diverterent 
ad  reqtdescendum,)  are  cotnmonly  called  DIVERSORIA,  whether 
belonging  to  a  friend,  the  same  with  Hospitiit,  Cic.  Fam.  vi.  19.  or 
purchased  on  purpose,  lb.  vii.  23.  or  hired,  (meritoria,)  then  proper- 
ly called  Caupon^,  Horat.  tp.  i.  IL  12.  or  TAB£RNiE  MVERSORiAy 
Plaut.  True.  iii.  2.  29.  and  the  keeper,  {Institor,)  of  such  a  place,  of 
an  inn  or  tavern,  CAUPO ;  those  who  went  to  it,  Diversores,  Cic. 
Inven.  i.  4.  Divin.  27.  Hencc^  commorandi  natura  diversoriwn  no* 
biSf  non  habitandi  dedit.  Id.  Sen.  23. 

In  later  times,  the  inns  or  stages  along  the  road  were  called 
MANSIONES  ;  commonly  at  the  distance  of  half  a  day's  journey 
from  one  another,  see  p.  314.  and  at  a  less  distance,  places  for  re* 


488  ROMAN  ANTIQUITIES. 

lays,  called  MUTATIONES,  where  the  public  oourierv,  {puhliei  cut' 
sorts  vel  Yehbdarii,)  changed  horses. 

These  horses  were  kept  in  constant  readiness,  at  the  expense  of 
the  emperor,  but  could  only  be  used  by  those  employed  on  the  pub- 
lic service,  without  a  particular  permission,  notified  to  the  innkeep- 
ers by  a  diploma^  Plin.  ep.  x,  14.  121.  The  Romans  had  no  public 
posts  as  we  have. 

The  first  invention  of  public  couriers  is  ascribed  to  Cyrus,  Aeno- 
phon.  Cyrop.  viii.  p.  496.  Edit.  Hutchi7ison.  Augustus  first  intro- 
duced them  among  the  Romans,  Suet,  ^ug,  49.  Plutarch.  Galb.  But 
they  were  employed  only  to  forward  the  public  despatches,  or  to 
convey  political  intelligence,  Plin,  ep.  x.  120.  It  is  surprising  they 
were  not  sooner  used  for  the  purpose  of  commerce  and  private 
communications.  Lewis  XI.  first  established  them  in  France,  in  the 
year  1474 :  but  it  was  not  till  the  first  of  Charles  II.  anno  1660,  that 
the  post  office  was  settled  in  England  by  act  of  parliament,  RapitL 
vol,  2.  OiSt.fol.  ed.  and  three  years  after  the  revenues  arising  from 
it,  when  settled  on  the  Duke  of  York,  amounted  only  to  20,000/., 
lb.  680. 

Near  the  public  ways  the  Romans  usually  placed  their  sepulchres ; 
See  p.  404. 

The  streets  of  the  city  were  also  called  VliE,  the  cross-streets, 
Vim  tbansvbrsje,  Cic,  Verr.  iv.  53.  thus,  Fta  sacra,  Horat,  Sat,  L 
9.  Nova,  Ovid,  Fast.  vi.  395.  &c.  paved  with  flint,  Juvenal,  in.  270. 
yet  usually  dirty,  Id.  247.  Mart.  vii.  60. 6.  v.  23.  6.* 

The  Roman  ways  were  sometimes  dug  through  mountains,  as  the 
grotto  of  Puzzoli,  Crypta  Puteolana,  between  Puteoli  and  Naples  ; 
and  carried  over  the  broadest  rivers  by  bridges,  (hence /acere  ponr 

• 

*  **  The  Via  Lata  was  a  prolongation  of  the  Via  Flaminia,  and  was  the  tUieet 
through  which  victoriooi  general*,  who  entered  Rome  on  that  side,  marched  their 
troops  in  triumph  to  the  Capitol.  It  is  supposed  to  have  commenced  at  the  Fiusxa 
StiarrtL  We  hear  of  several  triumphal  arches  with  which  this  approach  was  adorn- 
ed. Those  of  M.  Aurellus,  Verus,  and  Gordian  are  noticed  by  Rufus ;  and  Nardioi 
it  disposed  to  add  one  of  Domitian,  besides  the  temple  Fortuna  Redox,  mentioned 
bj  Martial. 

"  The  Via  Nova  was  parallel  to  the  Vicus  Tuscus,  and  led  also  from  the  Forum  to 
to  the  Velabmm.  This  street  existed  in  the  time  of  the  elder  Tarqnin,  as  appeafB 
from  Livy ;  unless  we  supfiose  Uie  historian  to  be  there  speaking  of  it  in  anticipation. 
Between  the  Campus  Blartius  and  the  Tiber  was  a  roaa  cailed  Via  ^cta,  which  u 
perhaps  the  same  as  the  Triumpbalis;  it  seems  to  have  followed  the  left  bank  of  tlio 
Tiben  and  to -have  run  parallel  with  the  Via  Flaminia,  and  nearly  in  the  same  direc- 
tion as  the  modej-n  Strada  Qiulia.  On  the  eastern  side  of  this  road  was  a  portico, 
which  formed  part  of  the  theatre  of  Pompey,  and  another  styled  the  portico^  of  a 
hundred  pillars ;  also  some  shady  walles  of  plane-trees. 

*'  The  origin  of  the  name,  Via  Sacra,  seems  uncertain  ;  but  it  is  well  known  Ihat  tbb 
was  the  street  which  led  directly  from  the  southern  gates  of  Rome  to  the  Capitol, 
and  that  by  which  the  Roman  generals  led  thither  their  victorious  troops  in  trina- 
phant  procession.  The  precise  direction  of  this  celebrated  street  has  been  much 
discussed  by  Roman  antiquaries,  but  the  opinion  of  Nardini  seems  to  be  more  gene- 
rally adopted.  That  able  tufiographer  has  proved  from  Varro,  that  the  Via  Sacra 
commenced  near  the  Colosseum,  and  kept  near  the  base  of  the  Esquiline,  passing 
close  to  the  ruins  commonly  called  the  temple  of  Peace,  and  termiuatiog  In  the  Fo- 
rum through  the  Fabian  arch.'*    Crajner.— £0. 


PUBUC  BUILDINGS.  r  489 

iemmfluvio  ;  ftuviumponterejungeref  vel  commtttre  ;  potnUmfimio 
impontTt^  indere  vel  injicere.) 

The  ancient  bridges  of  Rome  were  ei^ht  in  number.* 

There  are  aerew  brideeB  on  the  ^mo  or  Teverone  ;  the  most 
considerable  of  which  is  Fans  Narsis^  so  called,  because  rebuilt  by 
the  eunuch  Narses,  after  it  had  been  destroyed  by  Totila,  king  of 
the  Goths. 

About  sixty  miles  from  Rome,  on  the  Flaminian  Way,  in  the  coun- 
try  of  the  Sabines,  was  Pons  Naknibnsis,  which  joined  two  moun- 
tains, near  Namia,  or  Nami,  over  the  river  Nar,  built  by  Augustus, 
of  stupendous  height  and  size :  vestiges  of  it  still  remain ;  one  arch 
entire,  above  100  feet  high,  and  150  feet  wide. 

But  the  most  magnUicent  Roman  bridge,  and  perham  .the  most 
wonderful  ever  made  in  the  world,  was  tne  bridge  of  Trajan  over 
the  Danube ;  raised  on  twenty  piers  of  hewn  stone,  150  feet  from 
the  foundation,  sixty  feet  broad,  and  170  feet  distant  from  one 
another,  extending  in  length  about  a  mile.  But  this  stupendous 
work  was  demolished  by  the  succeeding  emperor  Hadrian,  who 
ordered  the  upper  put  and  the  arches  to  be  taken  down,  under  pre- 
text that  it  might  not  serve  as  a  passage  to  the  Barbarians,  if  they 
should  become  roasters  of  it ;  JDto.  Iviii.  13.  but  in  reality,  as  some 
writers  say,  through  envy ;  because  he  despaired  of  bemg  able  to 

*  *'  It  may  not  be  «nitf  to  eive  some  account  of  the  Roman  bridges  and  nqne- 
doctf .  The  number  of  the  former  never  appears  to  have  exceeded  eight.  The 
most  ancient,  and  also  the  first  in  order,  if  we  ascend  the  river,  was  the  Pons  Sobli- 
ciua,  so  called  from  its  being  constructed  of  wood.  It  was  built  by  Ancus  Martins, 
but  was  rendered  more  celebrated  for  the  gallant  manner  in  which  it  was  defended 
bjT  Horatius  Codes  against  the  forces  of  rorsenna.  For  some  centuries  after,  this 
bridge  was,  through  motives  of  relij^ous  feeling,  kept  constantly  in  repair  with  the 
same  materials  of  which  it  had  been  &med  originally,  without  the  addition  of  a  sin- 
gle nail  for  the  purpoee.  This  continued,  as  we  learn  from  Dio  Casslos,  till  towards 
the  conclusion  of  the  republic,  when  it  was  rebuilt  of  stone  by  the  censor  Paulas 
JEmllius  Lepidus ;  whence  it  is  also  sometimes  called  Pons  iBmilius. 

Cum  tibi  vtcinum  se  preheat  Amilius  pons  7 

Juv.  Sat.  VI.  32. 

Julius  Capitolinus  states,  that  it  was  repaired  bv  Antoninus  PSos  in  marble.  Neit 
to  it  was  the  Poos  Palatinus,  now  Ponte  di  S.  Maria,  or  Poitfe  RoUo.  This  bridge  v 
said  to  have  been  begun  bv  M.  Fulvius  the  censor,  and  to  have  been  finished  by  P. 
Scipio  Africanos  and  L.  Mummius,  who  held  that  office  A.  U.«C^  611.  The  bridge, 
which  connects  the  island  in  the  Tiber  with  the  left  bank  of  that  river,  was  ancient- 
ly known  by  the  name  of  Pons  Fabricius.  ^  Dio.  Casslus  speaks  of  it  as  having  been 
built  of  stone  soon  after  the  conspiracy  of  Catiline ;  from  whence  it  mi^ht  be  In- 
ferred  that  a  wooden  one  (existed  previously  on  the  same  spot.  Jt  is  mentioned  by 
Horace. 

Atqoe  a  Fabricio  non  tristem  ponte  reverti. 

II.  Sat.  3.  36. 

Its  modem  name  is  Panie  di  qaaUro  Capu  The  name  of  Cestins  was  given  to  the* 
bridge  which  connected  the  island  with  the  other  bank  of  the  Tiber^  it  is  now  called 
PanU  di  S.  Bartalameo.  We  are  not  informed  by  whom  or  when  it  was  built ;  but 
we  learn  from  an  inscription,  that  it  was  repaired  under  the  emperors  Valentinian, 
Valens,  and  Gratian.  The  bridge  immediately  above  the  island  is  now  called  Ponie 
Sigto,  but  its  ancient  name,  as  we  learn  from  Victor,  was  Pons  Janiculensis.  Report 
assigns  its  cpnstmction  to  Antoninus  Plus,  and  an  inscription  mentions  its  having  been 

62 


490  ROMAN  ANTIQUITIES. 

raise  any  work  comparable  to  it.  Some  of  the  pilkrs  are  itill  stand- 
ing. 

There  was  a  bridge  at  Nismes  (Jiemausumj)  in  France,  which  sup- 
ported an  aquaeduct  over  the  river  Gardon,  consistins  of  three  rows 
of  arches ;  several  of  which  still  remain  entire,  and  are  esteemed 
one  of  the  most  elegant  monuments  of  Roman  magnificence.  The 
stones  are  of  an  extraordinary  size,  some  of  them  twenty  feet  long; 
said  to  have  been  joined  together,  without  cement,  by  ligaments  of 
iron.  The  first  row  of  arches  was  438  feet  long  ;Hhe  jeoond,  746 ; 
the  third  and  highest,  805 ;  the  height  of  the  three  from  the  water, 
IS'i  feet. 

In  the  time  of  Trajan,  a  noble  bridge  was  built  over  the  Tagus  or 
Tayo,  near  Alcantara  in  Spain ;  part  of  which  is  still  standing.  It 
consisted  of  six  arches,  eighty  feet  broad  each,  and  some  of  them 
200  feet  high  above  the  water,  extending  in  length  660  feet 

The  largest  single  arched  bridge  known,  is  over  the  rivor  Elaver, 
or  Allier,  in  France,  called  Pons  veieris  Brivatisj  near  the  city  Bri- 
oude,  in  Avergne,  from  Briva^  the  name  of  a  bridge  among  the  an- 
cient Gauls.  The  pillars  stand  on- two  rocks  at  the  distance  of  195 
feet.     The  arch  is  eighty-four  feet  high  above  the  water. 

Of  temporary  bridges,  the  most  famous  was  that  of  Caesar  oyer 
the  Rhine,  constructed  of  wood,  Cas.  B.  O.  iv.  17. 

The  Romans  often  made  bridges  of  rafts  or  boats,  joined  to  (me 
another,  Cas.  B.  O.  i.  13.  viii.  14.  Flar.  iii.  5.  and  sometimes  of 
empty  casks  or  leathern  bottles,  Herodian.  viii.  Zozim.  iii.  Lucan.  iv. 
420.  as  the  Greeks,  Zenoph.  Cyr.  iii. 

UMTS  of  the  EMPIRE. 

Thb  limits  which  Augustus  set  to  the  Roman  empire,  and  in  his 
testament  advised  his  successors  notto  go  beyond.  Tacit.  Ann.  ill. 
Die.  Ivi.  33  &  41.  were  the  Atlantic  Ocean  on  the  west,  and  the 
Euphrates  on  the  east ;  on  the  north,  the  Danube  and  the  Rhine ; 
and- on  the  south,  the  cataracts  of  the  Nile,  the  deserts  of  Africa  and 
Mount  Atlas ;  including  the  whole  Mediterranean  Sea,  and  the  beat 
part  of  the  then  known  world.  So  that  the  Romans  were  not  with- 
out foundation  called  Rekdm  domini,  Virg.  Mn.  i.  282.  and  Rome, 

Lux  ORBIS  TERRARUlf,  ATQUE  AKX  OMNIUM  GENTIUM,  CtC.  Cot.  IV.  6. 
TeRRABUM  DKA  GBNTlUHQUfi  RomO^  CUI  PAR  BST  NIHIL,  ET  NIHIL  SE- 
CUNDUM, Mart.  xii.  8.  Caput  orbis  terrarum,  Iav.  1.  16.  xxL  30. 

repaired  by  Hadrian.  Next  to  the  Janiculensis  was  the  Pons  Triamphalis,  of  which 
we  have  no  account  in  any  classical  writer ;  but  the  piles  on  which  it  was  raised  are 
said  to  be  still  visible  when  the  bed  of  the  river  is  low.  The  last  bridge  now  takes 
its  name  from  the  castle  of  S,  Angdo,  in  front  of  which  it  stands,  and  is  knowa  to 
have  been  bailt  originally  by  Hadrian,  after  whom  it  was  called  Pons  iElioi. 

About  two  miles  from  Rome,  we  find  on  the  Tiber  a  bridge  called  Pons  MilviuB, 
or  Mulvius,  a  name  whic.h  has  been  corrupted  into  that  of  Ponte  MolU.  Its  constnio- 
tion  is  ascribed  to  M.  ^milius  Scaurus,  %ho  was  censor  A.  U.  C.  644.  We  learn 
from  Cicero,  that  the  Pons  MilviuB  existed  at  the  time  of  Catiline's  conspiracy,  siaee 
the  deputies  of  the  AUobroges  were  here  seiced  by  his  orders.  In  later  timM  It 
witnesBod  the  defe«t  of  Maxenllus  by  Constaatine.''    Cramer.^Ejy. 


LIMITS  OF  THE  EMPIRE.  491 

Caput  rbrum,  Tacit,  hist.  iiL  32.  lAv.  u  45.  Dovina  Roma,  Horat. 
od,  \Y.  14.  44.  Princbps  urbium,  Id.  iii.  13.  Rboia,  Ep.  i.  7.  44. 
Pdlcbbrrima  rbrum,  Virg.  G.  ii.  534.  Maxima  rbrum,  Xn.  vii. 
603.  Sed  qua  de  septtm  to  turn  circumspicit  orbem  morUibus^  i  imperii 
Roma  deumque,  (i.  e.  prindpum  v.  imptratorum)  locus,  Ovid.  Trist. 
i.  4.  69.  Dumque  suis  victrix  omntm  de  montibus  orbem  prospiciet 
domitumf  Martia  Roma,  legar^  ib.  li.  7.  51.  Caput  mundi  rbrum* 
^VK  FOTC8TA8,  Lucan.  ii.  136.  Septem  urbs  alia  jugis  toto  quis 
r&ssiDBT  ORBi,  Propert.  iii.  11.  57. 

Agreeably  to  the  advice  of  Augustus,  few  additions  were  made  to 
the  empire  after  his  time.  Trajan  subdued  Dacia,  north  of  the  Da* 
Dube,  and  Mesopotamia  and  Armenia,  east  of  the  Euphrates,  Eutrop. 
▼iii.  2.  The  south  of  Britain  was  reduced  by  Ostorius  under  Clau- 
dius, and  the  Roman  dominion  was  extended  to  the  Frith  of  Forth 
and  the  Clyde,  by  Agricola,  under  Domitian,  Tact/.  Agric.  23.  But 
what  is  remarkable,  the  whole  force  of  the  empire,  although  exerted 
to  the  utmost  under  Severus,  one  of  its  most  warlike  princes,  could 
not  totally  subdue  the  nations  of  the  Caledonians,  whose  invincible 
ferocity  in  defence  of  freedom,  (devota  morti  pectora  liberje,  f/o- 
rat.  od.  iv.  14.  18.)  at  last  obliged  that  emperor,  after  granting  them 
peace,  to  spend  near  two  years  in  building,  with  incredible  labour, 
a  wall  of  solid  stone,  twelve  feet  high  and  eight  feet  thick,  with  forts 
and  towers,  at  proper  distances,  and  a  rampart  and  ditch,  from  the 
Solway  Frith  to  the  mouth  of  the  Tyne,  above  sixty -^ight  miles,  to 
repress  their  inroads.* 

The  wall  of  Severus  is  called  by  some  murus,  and  by  others  val- 
lum. Spartianus  says  it  was  80  miles  long,  in  vita  Severi^  18  &  22. 
Eutropius  makes  it  only  32  miles;  viii.  19.  See  also  Victor.  Epist.  xx. 
4.  Orosius,  vii.  17.  Herodian.  iii.  48.  Beda,  Hist.  i.  5.  Cassiodorus, 
Chronicon.  Cambden,j9. 607.  edit.  1594  Gordon's  Itinerary,  c.  7. — 
9.  p.  65. — ^93.  Cough's  translation  of  Cambden,  v.  iii.  p.  211. 

*  S«veni§»  Id  penetrating  this  coontiy,  it  said  to  have  lost  do  less  than  fiHy  thoa- 
tand  men,  (rsvrc  inpuSas  hXas)  Dio.  I.  Ixxvi.  c.  13. — ^Mr.  Hume  must  hove  overlooked 
ed  this  fact,  when  he  says,  that  the  Romans  entertained  a  conteti^i  for  Caledonia, 
JKif.  iff  England,  vol,  l.p.  10.  Svo.  edit. 


THE  END. 


LATIN  INDEX  OF  WORDS  AND  PHRASES. 


A  P«/f* 

ABACUS  370 

Abalienatio  53 

Aeapna  443 

Aceeosufl  98 

Aecenii  110, 164 

AceeptUatio  422 

Acetaria  448 

Acies  instraeta  320 

Aeroamata  308 

Acta  dlornay  Ae,  33 

Actio  Id  ram  194 

In  penonam  4b. 

-Pretoria  ib. 

-iostitoria  901 

ixercitoria  ib. 

loxalb  903 

malit  904 

Ingiati  ib. 

-bona  ildei  ib. 
tpulchri  Tiolati    412 
Aetiones  empti,  Ac.     200 

lesis  1«),  177 

Acta  CaeMris  •      164 
Aetionom  adere  et  pos- 


talara 
Actor 
Actus 

^lecitimi 

Aetaanl 

Addictos 

Adimere  equnm 

Adimere  davei 

Adjodicatio 

AdmiisionalM 

Adoptio 

Ad  pileam  Toeare 

Adrogatio 


192 
191 
62,424 
100 
162 
47, 210 
31 
396 
66 
443 
60 
44 
60 
222,224 
Advocati  219 

Adytam  275 

iEditai  269 

iBdilei  plebeiet  enmles  124 


iEdilitU 
ABneatorei 
JEnuiom 
Acere 


106 
817 
128 
113 
413 
ib. 
414 

Alstimatio  litia  176 

JEtas  Sanatoria  11 

Agaso  462 

Agere  cum  popnlo  122 
— forum  ▼.  conyentos  161 
— ectom  SIO 

Agger  314, 832 

Agitator  470 

Agmen  317 

Agnomen  36 

Agnatt  35, 47 

Aiooalia  282 

Albara  107, 189, 217 

latorinm         14 
909,319 


Fagt 

Aha 

609,319 

Alea  A  tores 

885 

Alio  die 

82 

Alipt0 

373 

Alata 

355 

Alvei 

336 

Amannensis 

434 

Ambarvales 

261 

Ambitus           62, 182, 186 

Ambulacra 

371 

Amenta 

354 

Amphitheatmn 

994 

Amphora 

882,424 

AmpbonB 

382 

Ampliatio 

925 

Ampulla 

382 

Anagnostal 

879,435 

Anatocismus 

421 

Anchora 

341 

Aocile 

237 

Ancipitia  munhnenta  332 

An^portus 

52 

Animadvertere 

99.154 

Animadyersio  censoria  116 

Anima 

397 

Annales 

248 

Annul! 

860 

Anquisitio 

213 

Ante 

438 

Anteambnionef 

439 

Antenna 

380 

Antepagmenta 

438 

Antes 

459 

Antesignani 

321 

Antestari 

191 

Anticum 

440 

Antiquare  legem 

86 

Antlia 

339,468 

Apophoreta 

55 

Aplustre 

339 

Apotheca 

435 

Apparitores 

152 

Appellatio 

211 

Aqaarii 

481 

Aqusdnctos 

61,481 

Aquila 

321 

Ara  et  Altare 

276 

— — sepulchri 

405 

Aratrum 

451 

Aratores 

450 

Arbiter 

204 

bidendi 

384 

Arbitriam 

Art>oresc«dn» 

Arcera 

Archimimns 

Arctunis 

Areas  Triumphales 

Area 

Area  A,  Agtt 

Arena 

Argentaril     414,  "^h  477 

Argentmi  416 

Am  334 


398 
459 
466 
402 
467 
480 
456 
52 
994 


Arma  et  tela 

Armamenta 

Arnuuria 

Armills 

Aromata 

Arrha  y.  arrhabo 

Arrogatio 

Arusplces 

Anrum 

Ara 

As 

Ascripti  gleba 

Assertor 

Assessores      110, 

Asseres 

Assidaus 

Astrea 

AstrologI 

Asylum 

Asymboluf 

Atheosom 

Atblets 

Atria  anctionaria 

Atriensis 

Atrium  y.  -aula 

Altalica  yestes 

Anctio 

Auctor 

^legls 

— -sententia 
Auctores  juris 
Anctoramentum 
Auctoritas 

Senatna 

Anditores 

Augures 

Aulaeum 

Aureus 

Aurij|a 

Auspicia 

Autographns 

Auxiliares 

Ayena 

Ayentinus  mons 

Alls 

B 
Balista 
Balneum 
Barbati 
Basilica 
Batillum 
Batuere  os 
Bellaria 
Beneficiarii 
Bibliotheca 
Biblos 
Bicliniom 
Bidentai 
B'lga 

Bigati  nummi 
BissextUis 
Bolis 

Bombyees 
Boaa  yneaotia 


Page 
310 
341 
404 

325,- 359 
374 
199 
60 
967 
450 
474 
419 
49 
195 

141, 917 
463 
449 
940 
966 

44^474 

362 

479 

990 

65 

378,443 
440 

369,442 

64 

196 

81 

99 

162 

291 

65 

18,25 

163 

251 

304^369 
418 

288,470 
81,251 
432 
308 
455 
479 
467 

333 
370 
362 
110,  476 
456 
355 
377 
316 
435 
426 
868 
399 
464 
415 
980 
341 
857 
79 


484 


LATIN  INDEX. 


Brachia 

Braces 

Baccina 

Bulla 

Bttlaret  BoleuUB 

Biutuarii 

Biulam 

C 

Caballos 

Cadacum 

Ceritum  ttbula 

Caius,  &  a 

Calamus 

Catcar 

Calcei 

CalendarioBi 

Calculi 

Calcnlua  Biinenm 

Callces 

Callga 

CaloDCi 

Calumnfa 

Calumniam  jurare 

Camans 

Camini 

Campestn 

Campus  Martius 

Canaidati 

Canes,  v.  -iculae 

Cantherium 

CapiUameDtom 

Capistrum 

Capltalia  Judicia 

Capite  censl 

Capitolium 

Capsa  et  arlus 


Page 
346 
347 
317 
349 
71 
406 
406 

462 
181 
113 
393 
439 
469 
354 
423 
386. 
224 
3S3 
311 
316 
211 
208 
840 
443 
289,350 
477 
79,128 
386 
459 
364 
470 
212 
77,89 
474 
373 


Capulus,  &  -aris   401,  451 


Caput  porcinum 
Caput  eitorem 

V.  son 
Cardinales  y«Dti 
Career 
Carceres 
Cardities 
Carnifex 
Carpentum 
Carruca 
Carrus 
Castella 
Castra  moverd 
-^—  Estiva 

—  Hyberua 

—  stativa 
Catapulte 
Causa  sontica 
Causae  conjectio 
Causarii 
Cavea 
CaTe  canem 
Celeres 
Cenotaphium 
Censere 
Cenn 
Coosus 


323 
273 
421 
461 
227 
287 
461 
166 
465 
466 

ib. 
372 
317 
314 

ib. 

ib. 

333 

213 

209 

307 

294,304 

439 

29,  119 

411 

19,21,116 

188 

74, 114 


Page 
Census  Senatorius  12 
— —  capitis  67 
Centuniviri  129, 205 
Ceoturie  75 
Centurionea  312 
Cera  prima  et  eztrema  57 
Cerasus  458 
Cerberus  246 
Cera  67 
Ceroma  290 
Cervi  it  Cippi  332 
Cbaronits  43 
Cbarta  Augusta,  Clau- 
dia, 6lc,  424 
Chirothece  ^  365 
Chirodote  361 
Chirographus  431 
Chlamys  313 
Chorus  300 
Choragus  ib. 
Cicatrix  460 
Cinctus  Cabanus  69 
Cingulum  351 
Ciniflooes  357 
CIppus  406,408 
Circense  368 
Circi  476 
Circuitores  317 
Circumscriptlo  121 
Circus  Maximns  287 
Cisium  466 
Civitates  foederats  72 
Clarigatio  305 
Classes  74, 76 
Classiarii  342 
Classic!  77, 342 
Classis  344 
Claves  439 
Clepsydra  209, 317 
Clientes  34 
Cli(elt«  462 
Cloace  53, 244,  48^ 
Cloacina  244 
Clypeus  310 
Coactores  153 
Cochlea  Sl  -area  378, 447 
Codex  189, 433 
Codicilli  69, 432 
Ccelius  mens  472 
Coemptio  388 
CcBoa  365, 376 

recta  380 

— ^  nuptialis  393 

Ccenaculum  367 

Coercitio  308 

Cognati  36 

Cognomen  ib. 

Cognitiones  191 

Cosnitores  2l9 

Cohors  Pretoria  322 

CoUis  hortulorum  472 

Collegium  246, 260 

Columna  rostcata  329 

Coloni  449 


361,389 
476 
441 
299 

249,439 
Comperendinatio  207, 225 


Coloaia 

Colum 

Columns 

Colas 

Comcedia 

Comaentarti 


Commissatio 

Commitattts 

Comitia 

Calata 

-— «  Centuriata 
>-—  Curiat^ 

Tributa 

Comitiatt  Triboai 

Comitium 

Commitiales  diea 

Commissiones 

Compromtssum  - 

Coficiliabula 

Concilium 

Conclamare 

Conclave  - 

Conditores  jnris 

Condietionas 

Conferreatio 

Congiarium 


860 

139 
73 

.74 
74,77 


166 

7d 

tb« 

476 

207 

71 

72 

907 

444 

169 

118 

387 

360,404 


Congitts,  et  -iarium       4^4 


Cottju  ratio 
Connubium 
Conquisitorea 
Consecratio 
Cottsentes  dii 
Gonsulares 
Consiliarii 
Constitutiones 
Consules  siifeeti 
honorarii 


307 

48 

SOB 

412 

230 

106 

141,208 

28^188 

108 


Contobernium  39,48,388 
Contubernales  39, 140, 316 
Gonvenire  208 

Conventus  141, 3B8 

Cooptare  118 

Gorquus,  carptor,  ho*  878 
Cornu  817 

Comu  Telornin  848 

-^-^  portus  349 

Corona  civica 
^^—  vallaris,  Ac. 
Coronare  pocola 
Coronorium  aanwi      148 
Coffpus  juris  106,  ]«e 

Oorrigia  864 

CorW^  846 

CoryBBbM  468 

Ootbones  848 

Cothurni  36&^  48ft 

Coyinus  468 

Crater 
Creptds 
Crata. 

Cretati  pedes 
Cretio  toreditares 
CgQcotM  868 


224,287,433 


LATIN  INDEX. 


405 


Cfyptoporticns 

Cratte 

Cabicula 

Cttbitns 

Cacolloi 

Cado 

Culeof 

Culina 

Calmea 

CoDens 

Cunei 

Canicnlas 

Carie 

Curiones 

Curales  mBgistntttf 

Carrtts,  ▼.  icala 

Ciutodes 


^% 

3S3 
443 
423 
353 
366 
425 
442 
486^467 
487 
296 
335 
9, 15,477 
261 


96 
465 

86 
316 
383 
346 


Custodis 

Cyathiu 

C^claf 

D 
Dmcty1othee»  361 

Decimatio  330 

Decemviri  litibas  judi- 

eaedU  129 

<-^agrU  dividebdli  138 
Decemviri  9^  136, 906 
Decimaai  limites  461 

Decimanos  flactm  tft. 
Deereta  28 

Decollare  855 

Decams  61 

Decurionefl  71, 812 

Decarrere  817, 406 

Decnantio  460 

De  die  et  in  diem  yivere  365 
Dedititii  88 

Deductoret  80 

Delectus  306 

Delirare  462 

Denarius  415 

Depontani  85 

Deportatio  63, 228 

Depositus  396 

Descendere  226 

Designati  88, 100 

Designator  40l 

Desirnatores  295 

Descltores  464 

Detestatio  sacromm  74 
Dexter  &  sialster  254 
Dista  444 

Diarium  servomm  41 
Dictator  92, 132 

DIcam  scribere  192 

Diececis  131 

Diem  dioere  et  prodicere 

213 
Dies  intercisi  982 

status  907 

Civilu  281 

^— Comitiales  73 

FasU  et  neftsU       107 

FestI  282 

^Justi  210 

«~-rrofefti  286 


Diffareatio  887,  m 

Digesta  190 

Digitus  423 

Dii  majonim  gentium  232 
— 'minornm  gentium  242 
Dimensium  servorum  41 
Diminutio  capitis  64 

Dioscuri  288 

Dipthera  Jovis  428 

Diploma 

Dira  255 

Diribitores  85 

Dirimere  suffragia  86 

Discaiceati  854 

DisputaHio  fori  261 

Dius  Fidius  243 

Diversoria  487 

Diverticula  ib. 

Divinatio  252,  Uc. 

Divisores  80 

Divortium  394 

Dili  223 

Do,  dico,  addico  107 

Dotium  881 

Domini  431 

— insularum  63 

Dominus  40, 388,  4Sn 

Domicilium  Jovis  468 
Dominium  46;  6^,  56 

Domus  A  insula  52,  438 
Donativum  424 

Dona  et  Munera  56,  406 
Dos  388 

Dossuaria  462 

Drachma  417 

Ducenarii  217 

Ducere  uxosem  392 

Ductn  et  auspicio  313 
Dupiicarii  326 

Duumviri  71, 137, 212,216 


Peg* 
486 
408 
336 
308 
330 
60 
316.440 
800 
901 
817 
Eximere  diem  dieendo  18 


Essedum 

Evema 

Evocare  deot 

Evocati 

ExBUctoratio 

Exaueuf^tio 

Excubis 

ExcepCiones 

Exercitor  navis 

Exercitus 


237 
298 
864 
804 


Exilium 

Exodia 

Exomis 

Exostra 

Exsequs 


Faba  466 

Fabri  76 

Faces  nuptiales  893 

Faces  Funebrus  401 

Factioues  aurigamm    288 
Familiae  36, 89 

emptor  66 

— ^mancipatio  ib. 

Far  387,464 

Fascinns  244 

Fasces  and  seeoref  97, 96 
Fasciae  363 

Fasti  Kalendarea         248 


Fastigium 

Fata 

Faunus 

Feciales 

Feminalia 

Fenestrae 

Fercula 

Fererum 

Feriae 

Ferreae  soleae 


446 

940 
948 

261,306 
363 
445 

378,463 
401 

282,285 
355 


£ 


Ecdesta 
Eculeus 
Edicta 


71 

221 

28, 107, 108 


Edititiijudices  220 
Editor  Gladiatornm     292 

Edulia  377 

Eiogium  58 

Emancipatib  49 

Emblemata  383 
Emeriti                  808, 331 

Emplastratio  459 
Emptio  per  aes,  &c.  49,  68 

—  sub  corona  64 

Endromis  290 

Enuptio  gentis  48 

Ephippia  311 

Ephibatas  742 

Episcopus  131 
Epistola                 28, 433 

Epitaphium  411 

Efiitlialamiam  393 

Equites  29 

Ergastulum  40 

Eequilinat  mone  472 


Fescennini  versus  388 
Fibulae  •              826,362 

Fidei  commissum  68 

FiduciarittS  pater  49 

—baeres  58 

Filura  442 

Fiscus  128 

Flagellnm  460 

Flamines  262 

Flammeum  -391 

Flora  244 

Focalia  363' 

Focus  443 

Foenum  456 

FcBBus  421 

Follis  371 
Fora                        71,477 

Forensia  361 

Fori  841 

Forma  provincia  66 
Forum                    73, 314 

Forus  384 

Fraenum  469 

Fritillus  884 

Frutices  466 

facus  368 


406 


LATIN  INDEX. 


Faiiftlai  Moi 
Fantmbnli 

^^ 

308 

Fondt 

69, 64, 173 

FaDditoret 

310 

Funera 

309 

Funai 

842 

Funni 

401 

Farca 

40,462 

Fneifer 

40 

Farin 

240 

Hoflpitium 

Hostes 

Hyades 

Hybrids 

Hyponea 

Hypodidascnliis 


Pag* 
376 

46 
470 
390 
411 
432 


Fartam  eoneeptnm  164  20 1 
Fusns  441 

Fttstuariam  330 

O 
Gablnof  Ciaetni  69 

Galea  310 

Galentt  366, 864 

Galli  265 

Gallia  togata  45 

^  Gaoiapa  353,  474 

Gammae,  362 

Geniuf  241 

Gantes  36 

Geotilea  85, 47 

Gettatio  372 

Gladius  at  baita  110 

GlobU  val  orbii  823 

GlutinatoKt  434 

Grados  mUitares  818 

Graphium  429 

Gratiaa  237 

Gregas  atarmanta,  diit  457 
Gaberaaonlain  340 

Gaberaator  343 

Gostatio  376 

Gottus  373 

Gymnasiam  -       289, 477 
Gyoaeceum  444 

Gypsatos  39 

IL 
Habenaa  469 

Habe  Ubi  toas  rat         396 
Haedi  470 

Haerades  aicandentes   50 
EJAeredium  449 

Haeres  at  asse,  semisse  60 
HaqMigonaa  346 

Harpastam  290, 371 

Harutpicaf,  &  -inae  257, 

273 
Hastati  309 

Halciarit  342 

HeliocaminQa  444 

Helex  344 

Hereiscere  familiam      56 

Sermo  238 

etsris  172 

Hexaphonun  401 

Hexeras  338 

Histrionas  297 

Holooanstnm  272 

HoDorarium  141, 162 

HoDoraU  109 

Hordeum  454 

Horraam  455 

UortI  448 


Idas 

Ignobiles 

Ignominia 

lUicat 

Implaviani 


278 
35 
116, 227 
408 
443 
Imperator  26,  94, 142,  323 
fmperiam  74,  94, 143 

Inaucera  senatutconsal- 

tam  18, 27 

Inaagnratio    60,  262,  Ac, 
Inaarui  358 

Incendiarit  170 

Inceatus  890 

Incilia  451 

Inciti  385 

Incudi  reddara  vemu  429 
iDdictio  67 

Indigataf  242 

iDducara  nomen  67 

lodutiam  362 

14,203 

409 

261 

88 

203 

«fr. 

56 

63,196 

468 

62,438 

348 

481 

190 

222 


lofamat 
loferlo 
Infula 
lo^eoQi 
iDjurie 
Inocalatio 
In  prociDcta 
Inqailinus 
lositio 
Insole 
Instita 
Instltores 
Instituta 
Intestabiles 
IntercesNO  tribunornm  18 

83,120 
Intarpretes  80 

Interrex  prodebatur  92, 97 
Interregnum  97 

Interdicta  109 

Isalastici  Indi  291 

Iter  51 

Janicnlom  4';2 

Jani  templam  476 

Janitor  438 

Janaa  ib, 

Janas  2^ 

Jentaeolum  866 

Judex  qusstiones         216 
Judicem  ferre  206 

Judices  110,204,216 

Pedanei  208 

Judicem  ferre  ei  206 

— — ejerare  ib. 

Judicia  191 

Jagenim  423, 462 

Jugum  441,  460,  466 

Jnmentam  192 


Pmtn 

Jnnioras  95 

Jurare  In  leges  96, 165 

Jureceasio  64 

Jarndictio  191 

Jorati  homines  290 

Jotjurandum  906 
Jos  iElianom,  FlaviaBiim« 

Ac.  157 

—  applicationis  73 
— censnus  60 
— civitatis  46 

—  honorarium  106 

—  bonorum  63 
•—  imaginum  36 

—  Italieum  66 

—  Lalii  64 

—  militia  60 
— Quirltium  46 

—  relationis  prims^  Ac,  18 
-^sacrorum  62 
^saffragti  45,62 
— tributoram  60 

—  trium  liberonim  181 
Jus  &  Lex.  &c.  166 
Justa  faneoria  399 
Justitiam  ^  408 
Justus  eqnitatns  309 

K 

Kalendaa  878 

Kalendares  ftsti  248 


Lacema 

Lacns 

Laena 

Lana 

Lanista 

Lapsus  rotamm 

Laquearia 

Lares 

Lanrae 

Latafundia 

Lalinitas 

Latus  clavns 

Landatio 

Laureatae  fores 

Lautomiae 

Lecticae 

Lecti^rninm 

Lectos 

funabris 


358 
381 
853 
440 


344 

446 

241,  388,  404 

404 

467 

64 

14,368 

223,403 

439 


401,463 
271 
367 
396 

139,313 

144 

26,175 

191 

136 


Legati 

Legati  Casaris 
Legatto  libera 
Legere  agere 
Leges  Curiata 

Ittodeelm  tabula- 

137, 166, 160 

136 

85 

87 

9,306 

380 

193 

96 

74 


rum 

Resia 

^Tabellaria 

Legem  ferre,  Itc 
Legiones 
Legitimi  liberi 
Leguleius 
Liex  annalls 


LATIN  INDEX. 


isn 


Ptun 

Lib«t«dapes  374 

Libatto  273 

LibelliImp«imtorU2S,  189, 

433 
Ubellat  219 

Uber  427 

LibemTw  383 

Liberi  38 

LiberU  et  Libertini  13,38 


Ubitinarii 
Libra 

Librarta  tt  • 

Librariui 

Ubntor 

Libripent 

Iiiceri 

Licitotor 

Licia 

Lictorea 

Ligo 

Lingula 

Lima  labor 

LimUes 


— agronim 

Lintaooea 

Liott.iD 

Lira 

Lirara 

LiUre 

Litara  triftii 

Litera  talutaris 

Litaraa. 

Litigatoraa 

Lituufl 

Litis  aoDtatUtio 

Liiaa 

Loeuplaa    ^ 

LodiK 

Loriaa 

Luearea 

Luctos 

Lugnbria  fnmara 

Ludi  Circauas 

— — fcanici 


Lttdaa  Trojaa 
Luna 
Luparci 
Lustram 

coedara 
M. 
Macallam 
lAacracoila 
Maanianiuii 
Magistar  collagii 
— — aqaitnm 
>cielatis 


396 
413 
434 
431,  434 
489 

49 
198 

ib. 
441 
97,153 
461 
364 
42^ 
460 
178 
441 
456 
462 

ib. 
409 
323 

ib.- 
433 
193 
253,317 
207 
315 
449 
368 
310 
29,88 
410 

lb. 
287 
297 
286 

290 

241 

*   364 

14,77 

79, 117 

478 
428 
287 
252 
135 
30 
94 


llaocipia  38 

Manclpi  ras  51 

Mandate  189 
Maaaa                  404, 406 

Manronas  38 

Manipalus  300 
Mansio                 314, 487 

Manalaataf  360 

Manominio  43 
Mannn  contarera         196 

Manas  in  jactio  ib. 
Mappa  at  mantila         370 

Marga  451 
Margaritaa              52, 368 

Marginari  474 

Maritare  ordinal  130 

Marsapium  351 

Mastigia  40 

Matronaa  389 

Maosolaam  410 

Madimnos  426 

Madicara  faco  .441 

Maaastinttt  40 

Mambrana  428 

Measaa  369 

Maphilis  244 

Mareanaril  40 

Maranda  366 

Metaa  288 

Matatoras  3l3 

MetropoHs  131 

Militares  tr)bani  93 

Mitiarium  463 


Nardam 

'^ 

Naaclarnt 

843 

Nauraachsa 

391,477 

Naota 

841 

Navalas  ioell 

t*. 

Navis  magistar 
-^-azarcitor 

SOI 

tft. 

Navicnlariani  teara    343 
Navalia  348, 345 

Navas  sotilas 

ictoaris  388 

-caadicaito  337 

Xibums,  Ac        338 
-looga  at  onararis  337 


anranm  ta. 

Mimas  301 

Mina  419 

Miniatri  .   269,378 

Mirmillonas  293 

Missio  bonaste 

•ignominiosa,  &c 

Missas 

Micara  digitis 

Mitraa 

Mittara  mappam 

Modias 

Moneta 

Monnia 

Monopodiam 

Morbis  comitialii 

Mora 

Movara  a  sanata 

a  iriba 


^— tceta 

Navarcbi 

Naxi 

Mobiles  &  NoTl 

Noman 

Nomanclator 

Nomina  fadara 

Nona 

Notarii 

Nots 

NovB  tabals 

No.valis,  V.  -a 

NovallsB 

Novendiala 

Nubare 

Nocas  spargara 

Nubilanom 

Nummas 

Nommularll 

Nantiatio 

Nuncapatlo  taitamanti  66 


841 
343 

47,182 

35 

36 

80 

420 

278 

154, 431, 438 

152, 161 

47 

360,458 

190 


409 
391 
994 
456 
415 
421 


331 

ib. 

289 

386 

867 

289 

426 

416 

358 

388 

83 

228,2a 

23 

114 

462 

.470 

376 


Manstratas 
KsJMtatiaarimeiilll,  141. 

MallaoU  458 

Malas  340 

Mancapa 
Biaaaipatio 


53 


Malcte 

Mali  Mariana 

Mulio 

Molsam 

Moltetitiam  argantum  126 

Modos  maliabris  366 

Munanrios  293 

Mvnicipia  45, 68 

Manas  glaifiatoriam     291 

Mum  238 

Mosaam  435 

Mastam  381 

N 
N«nia  402 

63 


Nundlna 
Nuptis 
Nympbo 
Nymphaam 

O 
Obsratl 
Obnanciara 
Obolas 
Obrossa 
ObstrigUla 
Ocraa 
OctophoroB 
Odeam 
Officium 
^nopoliom 
Officina 
Onus  miUtam 
Opara  una,  &c; ' 
Opistograpbos 
Op^mataa 
Optionas 
Oracnlam 
Oram  sokrara 
Orcbastra 
Orcini  sanatores 
Ordinas  ramomm 
Oscinas 
Ostia 
Ostlarios 
Ostracisauif 
Ova 


79.279 

389,392 

237,244 

477 

47 

82 
378,417 
416 
464 
811 
463 
477 
101,893 

380 
435 
317 
453 
430 

86 

313 

366 

342 

14,304 

48 

337 

82,253 

346 

439 


498 


LATIN  INDEX. 


Oratio 

Orile 


85 

431 

.     63 

344 

900,478 
'  471 
457 
244 
9,283 
423 
429 
348 
234 
313 

817,  371 
460 
477 
190 
270,  445,  476 
301 
427 
423 
388 
339 
409 

170,  231 
339 
449 
423 
156 


Psdagogi 

Pagaoi 

PalangB 

Palettre 

Palatiam 

Palea 

Pales 

Patau 

Palmus 

Palimseftos 

Palla 

Padadiam 

Paladamentum 

Pal  us,  V.  -aria 

P^lare  vites 

PaQcratiaste 

Pandectae 

Pantheoa 

PantomiDni 

Papyrus 

Parasanga 

Parapheraa 

Pareseinon 

Parentalia 

Parricidas 

Paries  navis 

Partiarii 

Fassus 

Patibulam 

Patres  muioram  et  ma 

jorum  gentium  10,  11 
— Conscript!  11 

Patricii  10 

Patrimi  b  matrimi        387 
Patronl  34, 219 

Pausarius  344 

Favimenta  ,   446 

Pecuarius  61 

Pectea  441 

Peculatus  141 

peculium  41, 48 

Pecania  413 

Pedaneijadices  208 

Pedarii  seoatores  21 

Pedes  velorum  340 

Pegmata  295 

Penates  241 

Fenuthlom  289 

Fenula  363 

FerdueUio  78 

Peregrini  46, 72 

Pergamena  428 

Perisoelis  354 

Perones  355 

Peraes  et  libram  66 

Peremptorittm  edictam  109 
Tes  423 

PetasQs  357 

Petaurlfltae  302 

Petttor  191 

Petorritnm  466 

Pharos  346 

Film  3?J 


Pag* 

Pilanl  309 

Pilentom  466 

Pileus  356 

Pinatheca  442 

Pistrlnum  40 

Pittacia  438 

Plagiarii  ^      171 

Plaustmm  466 

Plansos  302 

Plebiscita  90, 166 

Plebs  32 

Pleiades  470 

Plutei  832 

Porculeta  461 

Poeala  883 

Podiam  294 

pQsne  militares  329 
PoUicem  pre  mere  et 

yertere  296 

Pollinctores  398 

Pomaerium  70, 473 

Pomona  244 

Pondo  417 
Pontes  86, 178,  469 
Pontifex  Maximas  ^      246 

Pontifices  246 

Popae  272 

Poppaeanum  367 
Populares 
Popall  Fundi 
Popuiiscita 
Porca 
Porta 

Portae  castrtMrnm 
Romae 


Porticus 

Portisculus 

Portitor 

Portoridm 

Portus 

Posca 

Posticum 

Postliminium 

Postulationes 

Potestas 

Potilii  et  Pinaril 

Praefeetus  annonae 
aquamm 
Celemm 
-classis 


36 

64 

.      155 

452 

69 

314 

473 

871,  478 

314 

61,  245 

61 

345 

330 

440 

64 

192 

74,94 

265 


^militaris  aerarii 

Praefeotus  morum 

• praetorio  . 

— ^vieilum 

-Urbi,  Ac. 


Praeceptor 

Praectnctus 

Praecones 

Praedes 

Praedia  libera,  kc. 

— ^arbana 

— censui  censendo 

Praefecti 

Pnefectorae 

Pnieficae 


131 

482 

97 

131 

•  ib. 

117 

130 

132 

139 

431 

351 

162 

62,  21^ 

51 


ib, 

312 
71 

466 


Praemia  militarin 
Praepetes  82, 858 

Praenomeli  36 

Praerogativa  84 

Praetores  94, 106 

Praetorii  106 

Praetorianoram  eastrc  473 
Praetorinm  314 

Praeyaricatio  226,463 
Prandium  365 

Prata  455 

Prelum  381 

Priapus  241 

Princeps  seotentiae  82 
Princeps  Jorentatis        31 

Sepatus  11,  147 

Principes  309 

Princlpia  316 

Principium  .74 

Privati  42, 249 

Privilegia  29, 189 

Procuratores  207, 219,  460 
Processus  Consolaris  101 
Proletarii  79, 89 

FrorouTsis  376 

Propagttaes  ^8 

Propagnaeola  341 

Proreta  344 

Proscenium  304 

Proscriptio  169 

ProviBctae  66,  101, 143 
ProTocatio  47,  121 

Psilotfarum  364 

Publiteani  SO,  62 

Fugillares  431 

Pullarius  253 

Pulmentum  366 

Pulpitum^  304 

Pupae  394 

Purpura  360 

Puteal  206 

Pyra  406 

Pyrriche  264 

Q 
dnadrigiae  464 

Quadrigati  415 

Ctuadruplatorcf  218 

Quaesitores  111,  248 

Ouaestio        111,  191, 220 
Qusstiones,  &e.    Ill,  216 
.^flsstorium^  127, 314 

doaestorii  106 

Ouaestores  126,212,214 
Quinarius  415, 418 

Questor^  candidati  128 
— — palati  ib. 

Quatuorviri  viales  129 
Quinquatrus  283 

Quinqueviri  mensarit  138 
Quincunx  319, 338 

Quindecemviri  258 

Qninquereoies  338 

Qliintana  314 

Qnirjnalis  moo8  472 

Qnirinus  243 

Quirilare  46 


LATIN  INDEX. 


480 


^Sritariam  domiBium  55 

R 
Kabala  309 

Badii  466 

Radios  441 

Bamnansei  29, 88 

lUfioa  301 

RatiocinatorM  434 

Ratiti  nommi  417 

Recaperatorea  306 

Rcdemptores  116, 198 
Referre  ad  Senataffl  17 
Regiones  urbis  473 

RagifBgiam  |00 

Relegatip  63 

Remancipatio  396 

Remi  339 

Repetaada  141 

Replicatio  200 

Repotia  394 

Repudiam  391 

Rascripla  28, 189 

Ret  publicc  et  private  50,61 
— —  corporalea  et  iocor- 
porales  51 

• sacra  et  profans     50 

ReBtibilifl  ager       463»  469 


Retiarii 

Retinacola 

Reus 

Rex  sacrorani 

Rheda 

Ricinium  . 

Ridimicula 

Ro^tio 

Rogatorea 

Rogare  legem,  Lc. 

Rogua 

Romania 

Rostra 

Rubrica 

Rudiarii 

Runcatio 


393 
342 

81 
362 
466 
348 
342 
214 

86 

ib. 
406 

72 

73,  341,  480 

189,  368,  431 

297 

454 


Seamna  453 

SceaduUB  437 

Bcapus  428 

Scarifieatio  454 

Scena  304 

Scribaa  152 

Serin  ium  431 

Scripta  daodecim  385 

Scriptora  62 

Scrintuartus  t6. 

Scrioere  nammoi  422 

Scatola  459 

Scatum  ^10 

SecUtores  171 

Seetio  et  sectorea  47 

Securia  dolabrata  .  462 

Seges  463 

Segeatre  368 

SegmeDtum  369 

SeHa  463 

cnmlia  95,  465 

Semonea  343 
Sententia^maxime  fre- 

quena  22 

Seniorea*  75 

Senacttla  16 

Senatua  10 

legitimaa  16 

Senatoa  conaoltnin  22 

Sentina  339 

Sepelire  399 

Sepea  456 

Septemtrio  467 
Septemviri  epalooam  259 

Septum  85 
Sepulchra      406,  407, 410 

Sequestrea  80 

Sers  439 

Serica  veatis  359 


Spectio 

Specnlaria 

Speculatorea 

Speeolum 

Spinther 

Spleniam 

Spheriaterium 

Spolia  opima 

Spoliariam 

SpondiB 

Sponaio 

Sponaorea 


446 

318 
366 
359 
368 
371 
326 
296 
368 
197,200 
213 


S 

Saborra 

Saccoa 

Sacer 

Sacroaancti 

Sacramentum 

Sagittarii 

Sagum 

Sal  etaalinum 

Salicea 

SaUi 

8alatat0PM 

Sandapila 

Sarcopbagus 

Barciuatio 

Sarculum 

Saracam 

8atio 

Satisdare 

Satora  lex 

Saturnalia 

Satyrs 

ScalmuB 


342 
381 

87, 120 

118,  126 

197,307 

310 

313^353 

375 

465 

237, 263 

i71 

400 

407 

464 

452 

466 

350 

196 

87 

385,849 

298 

839 


Serra 

Servitoa 

Servitatea 

Seatertium 

Bestertios 

Sexagenarii 

Sibyllini  libri 

Sicarii 

Sigi0 

Sigma 

Signa 

Signiferi 

Signum  pugns 

Silicemium 

Silentium 

Sme^ata 

Socci  ' 

Sodalea  Titii 

Sol 

Solavia 

Solem 

8o|idua 

Solum 

Sordida  v^stia 

Bora 

Sortea 

Bortitio 


323 

228 

52 

417 

415, 417,  418 

85, 116 

258 

112, 170 

161 


369 
321 
312 
322 
409 
82 
357 
356 
262 
241 

282,444 
354 
417 
369 
214 
421 

266,385 
84,220 


Sponaua  &,  sponaalia    391 

Sportula  71, 350 

Sportule  380 

Stadia  477 

Sladiupn  423 

Stamen  441 

Btationea  316 

Sterquiliniam  451 

Btibadium  369 

Stigmatiaa  40 

Stilua  420 

Stimolaa  469 

Btipendiarii  67 

Stjps  414 

Blipulatio  199, 391 
Stipulator  bastipalator  199 

Stillicidium  63 

Stola  348 

Stolonea  458 

Stragula  veatia  368 

Stramen  457 

Strens  55, 413 

Strigilia  373 

Stropbium  359 

Suasor  legia  8^ 

Subaellia  43,  110 
Subaeriptio  censoria     114 

Subacriptorea  218 

Subaignani  321 
Subaortiri  judicem        220 

Subtemen  441 

Subucula  359 

Sttccolara  466 

Sudarium  354 

Sudatoria  373 

Suffitio  408 

Sulci  462, 459 

Suovetaarilia  77 

Suppara  341 

Supplioatio  271 

Surculi  469 

Sylvanua  243 

Symbolum'  361 

Bymbolom  dare  a(. 

Syngrapba  199, 431 

Syntbeaia  349, 374 

Tabellarioa  431, 434 

Taberna  435 

Tabemaeulam  81, 253 

Tablinum  440 

Tabulo  221, 222 
— -  accept!  k  expensi  422 

——nova  47,126 


600 


LATTN  INDEX. 


Talmluiatt 
Talentom 

Tallo 

Ttrpaisf 

TatteniM 

Termiaiis 

Teruls 

Teto 


'IB 

53 
417 
384 
S37 
471 
29,88 
944 
444 
441 


Tempeftfram  oottvir.  3<S6 
Templa  254 

Teraneiuf  415 

TeaaeUa  445^469 

TesMm  316, 376 

—  hotpitalKttii  376 
Tessanm  Mnfrigera  ib. 
TdM«r0  384 

Test*  381 

TettBrnenlain  56 

Testes  221 

TestimoBlmn  dmnnciare  ib 


Testadtnes 

Textores 

Tbalaniegl 

Theatnun 

Thensa 

Therms 

Tholas 

Thranitae 

Tibia 

Tibialia 

TirooinittDi 

Tirones 

Titnlus 

Toga 

— peia 

—  pnetexta 

— palla 

virilts 

Tollere  filiam 

Tomeotom 

Tonsores 

ToptarH 

Topiaiimn  faeara 

Torcolnm 

Torenmati 

Torus  et  -al 

Trabea 

Traha 

TFama 


334 
44a 
339 
3Q3 
465 
372 
445 
338 
301 
363 
350 

ib. 

37,  382, 410 

347 

ib. 
349 
348 
349 
'48 
368 
364 
448 

ib. 
380 
383 
368 
96,253 
456 
442 


Trlbos  BB 

Tributa 

Tricliaiam  367 

Trilix  442 

Triaam  NnndlnaiD  79,279 
Tripiidiom  82 

Tripus  259 

TriUcom  454 

Triomphos  326 

Trinmviri  capitales      128 

■  mensarii,  dtQ.    138 

■  epalones  260 
— —  monetalei  129 
— ^  noctnmi  ib. 

reipoblicaa  con- 
tUtoendae        93^  138 
Trochus  A  TuiIm         371 
Tropaea  ,480 

Tuba  317 

Tumultus  306 

Tumulus  inanis     397,  411 

351 

358 

ib. 

ib. 

29 

333 

339 

60 

58 

467 


Translatitiaedlcta  106, 140 
Traosvectlo  equitum  31 
Tragadiaa  300 

Triarii  309 

Tribunal  109 

Tribula  456 

Tribunns  Celenim  97 
Tribuni  comitiati,  lie  167 

mUitaris  93,137,311 

— ^latiolaYil        311,352 

militares  93,  165 

-^  legionarii  10, 1,67 
— -plebif  118 


Tunica 
—  palmata 

recta 
Tnnicata 
Turma 
Turns 
Tutela 

legUima 

Tutores 
Tympanum 

U 
Udones 
Umbilicus 
Ultrotributa 
Umbo 
Umbrae 
Uncia 
Unguenta 
Unguentariu^ 
Unrvuii 
Urbes 
Uma 

Ursa  major 
Usucaptio 
Usura 
Usurpatio 
Usus 

Ususfructns 
Uti  rogas 
Utres 
Uva 
Uxor 


355 
430 
116 
347 
368 
60, 412,  421 
374 
373 
396 

70 
407 
466 

54 
421 

54 
38T 

66 

84 
881 
460 
393 


Vectlgalia 

Vectores 

Tehes 

VehicDla 

Veta 

Velites 

Vellum 

VenalitU 

Venatio 

Vend 

Ventilabnim 

Verbera 

Vergiliae 

Vemae 

Ver  Saemm 

Tersuram  facars 

Vertigo 

Venractum 

Vespillones 

Yestes  Variaa 

VesUbulum 

Vestn  senriUs 

Veto 

Vexillum 

▼exlilarii 

Via 

Viae 

—  aciei 

—  castroram 
Viaticum 
Viatores 
Vicesima 
Viotoriati  nummi 
Viearius  senri 
Videtur  fecissa 
Villa  et  TilUens 
Viminalis  mons 
Vinacens  acinus 
Vincula 
Vindemia 


't? 

471 


•ft. 
340 


428 

38 
899 
461 
457 
827 
470 

39 
270 
488 

48 

463 

401 

359 

399,438 

364 

18, 119 

32L325 

381 

54 
483 
315 

ib. 

139 

15,155 

68 
415 

41 


447 
473 
460 
827 
460 


Vacatio  militiae 

Vacantia  bona 

Vacuna 

Vades 

Vallum 

ValTaa 

Vale 

Vasarium 

Vaticanus 

Vactigales 


306 

78 

'  844 

193, 213 

314 
438 
434 
139 
472 
67 


Vindex,  V.  expromissor  47 

VIndicatIo,  Itc. 

Vindlcta 

Vineae 

Virgines  Veetales 

Visceratio 

Vitrea  speeularia 

VUUe 

Vivaria 

Viviradices 

Volones 

Volsellae 

Volumen 

Vomitoria 

Vomunt  at  edant 

VoU 


Xenia 
Xystus 

Zeta 
Zona 
Zotheca 


194 
48 

334,460 
866 

874.409 
446 
357 

291,447 

458 

41 

358,363 
430 
29S 
379 
270 

55,386 
Sm)^477 

444 
391 
444 


INDEX 

or 
PROPER  NAMES  AND  THINGS. 

ACCUSER,  in  a  crimiDa]  trial.   Pag«  217  points  salaries  to  the  provineial  mnA' 

ActioiUL  real,  penoaal,  penal,  mizt.   204  trates,  145,360;  titles  conferred  on  him^ 

Admire]»  of  the  fleet.                          l3l  147 ;  power  granted  to  fainiy  148 ;  al^ 

Advocates,  sometunes  hired  persons  to  tars'  erected  to  him,  160 ;  tows  made 

applaad  them  while  spealcing.         209  foi  his  safety,  ib, ;  rules  at  ftr<t  with 

JEdiies,  plebeian  and  cnrule.              124  great  moderation,  168 ;  gradoallj  en- 

^!g7ptian  year.                                  5777  larges  his  power,  153 ;  so  bambled  the 

JEneas,  the  names  of.                          243  spirit  of  the  Romans,  that  they  never 

JEolufl,  god  of  the  winds.                    245  slner  made  any  joint  effort  to  recover 

i£sculapias,  worshipped.                    238  theirliberty,  160, 163;  allows  only  par- 

AflW>nts,  punished.                              203  ticular  persons  to  answer  on  questions 

Agriculture,  enconreged.                    449  of  law,  and  obKges  the  judges  to  follow 

Agrippa,  146;  builds  the  Pmnthson,  270,  their  opinion,  162,  163;  changes  the 

476  ;  and  tlie  harbour  of  Jlftjemmi,  342  ;  mode  of  enacting  laws,  188 ;  assamea 

and  several  aqusducts.                    482  the  office  of  Ponttfex  Marimmt,  260 ;  hia 

Allies,  foroes  of,  how  raised  and  support-  superstition,  271 ;   the  month  August 

ed,  308;  where  posted,  312;   in  the  called  from  his  name,  and  why,  1^7; 

oamp,  and  why,  315}  on  maroh,  817;  this  said  to  be  done  by  an  order  of  the 

and  m  battle.                                   319  people,  147;  restricts  the  license  of  di- 

Altars,  a  place  of  refuge.                    S276  vorces,  305 ;  stations  fleets  in  different 

Almathaea,  the  sybil.                            258  places,  842 ;  did  not  shave  till  twenty- 

Ambustns,  his  daughters  occasion  an  im-  five,  363;  sometimes  clipped  his  beartl, 

portent  change  in  the  government.  103  and  sometimes  shaved,  363 ;  the  sum 

Animals,  how  yokedj  467;  and  driven.  he  received  in  legacies  419;  pots  to 

460  death  some  who  refused  to  enlist,  306; 

Annals,  how  composed.                      248  .refiiMj^  i  hm  titia  af  Domtmu,  438 ;  adorns 

Aonalis,  L.  Villius,  proposes  a  law  to  re-  Borne,  487 ;  his  death.                     146 

gulatc  the  age  for  enjoying  offices.    96  Auspices,  manner  of  taking.                 81 

Antonins,  C.  expelled  from  the  senate.  14  B. 

Antonios,  M.  blamed  for  his  marriare.  Bachelors,  punishment  of,                   181 

889 ;  offers  a  crown  to  Ceesar,  248  ;  his  Bacchus,  his  orgies,  festival  oly            288 

profusion                                          419  Badges  of  the  senators,  14 ;  EqwUetf  29 

Apicius,  his  Ittiury  an4  death.              ib.  kings,  96;  Consuls,  96;  Frctor,  106; 

Apollo,  names  oL                               238  and  Emperors.                                 149 

Appeal,  liberty  o^                                211  Bail,  form  of,                                        108 

Aqueducts.                                   872^481  Ball,  game  of;  of  four  kinds.              371 

Arehes,  triumphal.                               480  Barbers,  first  introduced  from  Sicily.  302 

Assemblies  of  the  people,  72 ;  by  Curice,  Baths  of  different  kinds,  370 ;  first  built ; 

88;  by  centuries,  73;  by  tribes,  88;  parts  of;  time  and  manner  of  bathing. 

broken  off  by  what,  83 ;  manner  of  hold-  371 

inr  the  assemblies  by  centuries,  83 ;  b^  Beard,  how  shaven.                             363 

tribes,  90 ;  Nocturnal  AiaembUet  prohf-  Belt,  or  girdle,  when  used.                  361 

bited.                                                172  Bears,  constellation  of,                        469 

Ashes  and  bones  of  the  dead,  how  ga-  Bibulus,  weak  conduct  of,                  174 

thered  and  deposited.  -                   407  ,  Bonds,usedioall  important  contracts.  198 

Assian  stone,  coffins  o(                         ib.  exchanged  between  Augustus  and 

Athletic  Games.                                   290  Antony,  &c.                                     200 

Auction,  form  of,                                   54  Bona  Dea,  festival  of,                         373 

Augurs.                                   250 259  Books,  kinds  of,                                   430 

Augustus  reforms  the  senate,  15 ;  limits  Bootes,  constellation  of,                      467 

the  time  of  its  meeting,  16 ;  regulates  Breeches,  not  worn  by  the  Bomans*  301. 

the  Cemitia,  91 ;  gives  his  vote  as  an  353 

ordinary  citizen,  92;  becomes  master  Bridges,  number  of,                            489 

of  the  empire,  138,  146 ;  declines  the  Brutus,  the  conspiracy  of  his  sons.        48 

title  of  Censor,  117;  invested  with  the  burning  the  dead,  custom  of^  whence  de- 

T^bonitian  power,  124 ;  consults  with  rived  and  when  dopt,  399 ;  what  per- 

Agrippa  and  Mncenas  about  resigning  sons  were  not  burn^  i6. ;  why  foroid- 

liis  power,  146 ;  makes  a  new  partition  den  in  the  city.                               404 

of  the  proyiiices,  143;  and  fifit  ap-  Barial,  plaoet  of,                               ib» 


A 


M2  INDEX 

Baying  and  mUm^,  form  of.         199, 200  Claudiai,  P.  pnnuhed  for  slighting  tlie 

C.  omens.                                             254 
Caera,  the  peopla  of,  receive  the  Vestal  Claudius,  Emperor,  abridges  the  nnmber 
Virgias.                                                45  of  holy  days,  and  why.                   286 
Csesar,  JuliuB,  abridges  the  rights  of  the  Claudius,  App.  decemvir.             ^      137 
people,  91 ;  oppresses  the  liberty  of  his  C  ecus,  supposed  cauM  of  hif  bliod- 
couatry,  99;  reduces  the  power  of  the  ness.                                                 266 
consuls,  105 ;  made  perpetual  dictator,  Classes,  into  which  the  people  were  di- 
tft.;  his  pretext  for  crossing  the  Rubi-  vided,  75;  whence  classes  of  scholar^ 
con,  120 ;  an  instance  of  his  surprising  Quinclil.  I.  2.  23.  x.  5.  21.  and  of  work- 
presence  of  mind,  255 ;  regulates  the  men,  ColumeU,  i.  9.  7. 
]rear,279;  the  saying  of  Sylla  concern-  Cloacina.                    ^                        244 
tog  him,  351;  aivorces  Pompeia  and  Clothes,  of  different  kinds.                   359 
why,  395 ;  why  pleased  with  a  laurel  Clolh,  how  wrouebt                            441 
erown,  355;  his  ring,  361;  his  debts  Clodi us  restricts  the  powers  of  the  Cen- 
and  bribes,  419 ;  manner  of  writing  his  sors,  117  ;  adopted  b^  a  plebeian,  47 ; 
letters  to  the  senate,  432 ;  about  things  made  tribune,  118  :  his  laws,  106 ;  tried 
he  wished  to  keep  secret,  43i;  mur-  for  violating  the  sacred  rites  of  the  Bonft 
dered  in  the  senate-house,  93 ;  senators  Dea,  171 ;  killed  by  the  slaves  of  Mil^ 
slain  at  his  altar.                               275  182;  and  burnt  in  the  Forum>          406 
Cadmns,  brought  letters  into  Greece.  425  Clients,  dole -given  to.                         380 
Calendars,  why  so  called.                    2^18  Coffin,  403;  how  deposited.                408 
Camp,  form  of;                                     314  Coins,  kinds  of,  413 ;  put  in  (he  month  of 
Candidates,  their  dress  and  manner  of  the  deceased.                                    307 
canvassing,  79 ;  how  elected.            81  Colleees  of  priests,  &c.                       260 
Capital  trials.                                      212  Colonies,  manner  of  settling;  of  diiferent 
CapitoUne  marbles,  why  so  called.     248  kinds.                                                68 
Capua,  punished.                                   65  Columns,  kinds  ol^                               479 

Carriages.                        462 471  Comedy,  ancient,  middle,  and  new,  299; 

Carvelius  Ruga,  the  first  who  divorced  writers  on  each.                              90O 

his  wife.                                            395  Command,  military,  how  conferred.    74 

Castor  and  Pollux.                               243  Consuls,  respect  shown  them  by  the  so» 

Cato,  ordered  to  be  led  to  prison,  20, 174 ;  nate,  17  ;  by  others,  99 ;  their  powers^ 

his  dress.                                          350  20,  98,  306;  when  instituted,  9&;  their 

Cavalry,  how  chosen,  •si>7;  ttieir  arms  and  badges,  98;  time  of  entering  on  their 

dress,  310 ;  their  place  in  the  camp,  of^ce,  100 ;  with  what  solemnities  this 

315;  and  in  battle.                           319  was  done,  101;  their  provinces.  108; 

Censors,  their  tnstilution,112 ;  their  office,  from  what  order  created,  t6.  their  state 

113 ;  their  power,  115, 117 ;  discontinii-  under ^he  emperors.                         105 

ed  under  the  emperors.                    117  Consuls  elect,  first  asked  their  opinion  in 

Censorinus,  whence  called.                 116  the  senate,  18 ;  and  why.                 101 

Centurion,  badge  of,                            311  Con8entes,j^ods  so  called.                   238 

Cerberus.                                             215  Constantinople  taken  by  the  Turks.     72 

Cieres,  her  mysteries.                           234  Cooks,  from  Sicily.                             378 

Chariot  races.                                      2dS  Corn  given  to  the  poorer  cilicens.    166, 

Charon,  ferryman  of  hell.            245, 893  165 

Chimneys,  anciently  not  used  in  Rome.  Coruncanins,  the  firstwho  gave  his  advice 

443  freely,    161;    first   plebeian  FonUfex 
Chorus,  why  suppressed.                     301  JVaxtmns.                                          246 
Cicero  unites  the  senate  with  the  EquUes,  Couches,  for  reclining  on  at  meat,  367; 
27 ;  gets  the  province  of  CHicia  against  usual  number  of  in  a  room,  their  form 
his  will,  102 ;  made  qusrslor,  12 ;  called  and  covering,  368, 369 ;  funeral  couch. 
Father  of  his  Country  ^  147;  hindered  by  es.                                                        2^ 
a  tribune  from  making  a  speech  to  the  Crassus,  wealth  of,                               418 
people,  when  he  resigned  the  consul-  Criminals,  dress  of,  81,  214 ;  after  sen- 
ship,  101 ;  promotes  the  ambitious  de-  tence  used  anciently  to  be  punished 
signs  of  Csrsar,  contrary  to  his  own  without  delay;  how  treated  after  death, 
judgment,  139;  is  banished,  168;  his  228,408 
laws,  187;  his  death.                       220  Crown8,>given  as  rewards,  324;  used  at 
Ceilings,  how  adorned.                        446  feasts,  374 ;  put  on  the  head  ojf  the  de- 
Cities,  formalities  in  founding;  in  destroy-  ^ceased.                                             399 
ing ;  their  walls  sacred.                69, 70  Cups,  kinds  of,                                      883 
Citizens,  rights  of,  44 ;  could  not  lose  the  Cupid.                                                    310 
freedom  of  the  city  against  their  will,  Curio  turns  two  theatres  into  an  ampbi- 
63,  ino ;  could  not  be  scourged.      1S3  theatre  on  (he  same  day,  303 :  his  cor- 
Civil  trials.                                         191  ruption  and  fate.                              419 


OF  PROPER  NAMES  AND  THINGS.  508 

Cariiu  Dentatfu.                               866  Exceptions,  how  expressed.               SOO 

Cybele,  246;  priests  of,                      S69  Executioner.                                        156 

Cyclops.                                             237  Exercises,  kinds  of,  870 » the  army^    317 

Cypress,  used  at  fanerals.                   399  F. 

D.  Fabias,  his  manner  of  declaring  war  on 
Damage,  repaired.  203  Carthage.  847 
I>aogbter8,  bow  named.  37  Fabias  Maiimus,  Prodictator.  133 
Dinr,  division  of,  289;  common  and  holv  Falsehood,  punished.                   116, 179 

days.                                                    to.  Family,  right  of,                                     47 

Debtors,  emeT  law  concerning.             47  Fanatics,  whence  called.                     S67 

Decamping,  manner  of,                       317  Farmers,  kinds  of,                               460 

Decemvirs,  why  created.                     136  Fatei*.                                                   940 

Dessert,  fmits  and  sweetmeats.           869  Faunus.                                                243 

Devoted  to  one's  service,  origin  of  the  Fascinns.                                            244 

phrase.                                               148  Fences,  kinds  of,                                  460 

Dials^  first  invented.                            S81  Fertility  of  different  soils.                    454 

Diana.                                                    239  Festivals,  stated,  282 ;  moveable,  385 ;  oc- 

Dice,  game  of,                                       386  casional,  ib.  number  of,  hurtful.       286 

Dictator,  first  made,  cause  of  creating  Fines,  extent  of,                                   165 

this  magistrate,  bis  badges  and  power.  Fish,  the  Romans  fond  of,                   377 

131^—135 ;  this  office  intermitted  for  Fish-ponds,  value  of,                           420 

'120  years  before  Sylla,  105 ;  abolished  Flax,  for  what  used.                            456 

after  the  death  of  Caesar*                   ib.  Flamen  of  Jupiter.                  13,  263, 404 

Dishes,  kinds  of,  377 ;  how  brought  in.  Flaminius,  destruction  of,                   133 

,  ^    369,  378  Flavius,  why  made  iEdile.                  160 
Divorces,  form  of,                               394  Fleet,  Roman,  where  stationed.  131,  343 
Dogs,  employed  to  guard  the  temples,  439;  Flutes,  of  different  kinds.                     801 
why  impaled.                                     ib.  Flora,  244;  festival  of,                        283 
Donations,  kinds  of,                              55  Foundlings,  state  of,  PUh.  ep.  x.           71 
Door,  opened  outwards ;  secured  by  bars,  Foreigners,  their  state  at  Rome  disagree- 
Ac.                                                   438  able.                                            72,  176 
Dowries,  diversity  of,                         389  Fox,  why  burnt  as  a  sacrifice  to  Ceres,  235 
Dramatic  entertainments,  first  introduced  Freedmen,  insolence  of,                      443 
from  a  religious  motive,  297 ;  often  in-  Freedom  of  the  city  first  granted  to  pbysi- 
temipted  by  the  people  calling  for  other  clans  and  the  professors  of  the  liberal 
shows.                                                302  arts,  by  Cxsar.                                   175 
Dress,  of  men,  in  public  and  private,  347;  Friends,  how  sbme  testified  their  affec- 
of  women,  356,  357;  of  boys  and  girls,  tion.                                                     403 
350;  of  soldiers,  352,  353 ;  of  generals  Funerals,  why  so  much  attended  to,  397; 
in  a  triumph,  328, 352;  of  senators,  ib.  of  public  and  private,  400;  funeral  cooch- 
priests,  253, 256, 265,271 ;  of  poor  peo-  es,  401 ;  private  funerals  celebrated  by 
pie,  351  i  and  of  slaves,  365 ;  of  the  night,  and  public  by  day,  ib.  cerem«- 
dead.                                                398  nies  of  both,  402 — 412 ;  funeral  pro- 
Drinking  healths.                                  383  cession,  401 ;  funeral  oration,  403;  first 
Driver,  of  carriages.                            470  made  by  PopHcola  in  honour  of  Bmtns, 
Dnisus,  Livius,  laws  of,  177 ;  and  death.  ib. ;  and  by  Catulus,  in  praise  of  bis  mo- 
«6.;  his  saying  about  his  house.        420  ther  Popifia,  ib. ;  funeral  pile,  405 ;  ant. 

E.  mals  thrown  into  it,  406 ;  some  persons 
Ear-rings.  358  came  to  life  on  it.  407 
Edicts,  of  the  pretbr;  of  other  magis-  Furies.                                                240 

trates.                                        108t  109  G. 

Election  of  magistrates,  under  the  repnb-  Games,  ordinary  and  extraordinary^  287; 

lie,  86, 90,  96;  under  the  Emperors.  92  of  the  circus.                                      ib. 

Embalming,  cause  of  it.                       404  Gardens.                                              446 

Emperors,  their  titles,  147 ;  their  power,  Gates,  how  adorned.                           438 

149;  their  badges.  150    of  Rome.  473 

Entertainments,  expenses  of  limited  by^  Genins.                                               241 

law,  164,  171,  175 ;  of  different  kinds.  Germans,  their  manner  of  forming  con- 

380  jectures  about  futurity.                     255 

Entrails,  how  inspected.                      273  Gladiators,  different  kinds  of,  292;  where 

Epitaph,  form  of.                                 411  exhibited,  294 ;  their  manner  of  fighting, 

Ephori,  at  Sparta,  resembled  the  tribanes  296 ;  prizes  given  to  the  victors.       w. 

at  Rome.                                          120  Glass,  invention  of,                             446 

Equestrian  order,  its  institution,  badges  Government  of  Rome,  originally  aristo- 

and  office.                                          30  cratical,  76;  brought  to  ainsts^/j^ri. 

Estimate  of  fortunes,  how  made.  •      114  urn,  122;  worst  kmd  of  despotism  un- 

ETldeace,  kinds  of,                           221  der  the  Emperors.                          161 


504  INDEX 

Graces.                                             S37  K» 

Gracchi,  tbeir  lawf,  276 ;  and  fate.     122  Kings.                                            89^  96 

Grain,  kinds  of,                                   454  Im 

Guardians,  appointed  of,                      dO  Landed  estatCA.  value  of  to  Itely  itttaedl 

H.  by  a  law  of  Trajan.                           93 
Hair,  perfumed  at  feasts,  374 ;  liow  dress-  Lartias,  first  dictator.                          13S 
ed  by  women,  356 ;  by  men,  362 ;  not  Latins,  their  rights.                               64 
cat  at  sea,  302 ;  method  of  pnlitng  out  Latin  tongue,  the  Italian  states  prohibited 
small  hairs.                                     363  the  use  of  it.                                   390 
Hay,  making  of,                                466  Laurentia,  nurse  of  Romulus.             d61 
Harbours,  how  fortified.                     345  Laverna.                                             5144 
Heathens,  whence  named.                   63  Laws  of  Rome,  at  first  few,  135 ;  of  the  IS 
Heirs,  how  appointed*                          59  tables,  137, 160 ;  causes  of  new  ia^t,  156; 
Helena.                                              243  time  between  proposing  and  passing  a 
Heliogabalos,  first  wore  •  robe  of  pure  law,  79, 81, 195;  how  passed,  84, 87, 91 » 
stile.                                                  859  certain  laws  excite  great  attention,  122^ 
Heralds,  or  public  criers.                    162  b^  what  name  distinguished,  156 ;  spe- 
Hermodorus.                                      137  cies  of  the  Roman  law,  159 ;  laws  of 
Hercules,  his  labours.                     .    242  the  Emperors,  29,  189 ;  collected  br 
Hiero,  his  regulations  concerning  the  let-  the  order  of  Justinian.                     189 
ting  of  lands  in  Sicily  adopted  by  the  Lawyers,  origin  of,  16^;  manner  of  con- 
Romans.                                          173  suiting  them,  ib.  under  the  republic  not 
Hieroglyphics,  use  of,                         425  permitted  to  take  fees,  i^.  limited  to  a 
Hills  of  Rome.                                    471  certain  sum  under  the  emperors,  ib.  their 
Hospitality,  inviolable.                       375  educatiosi,  163;  eminent  lawyers,    ib. 
0ooseS|  reculations  concerning,  62, 436 ;  Legacies,  how  left.                               69 
rents  and  prices  of,                          420  Lentulus,  degraded.                              14 
Household  gods.                                241  Leda.                                                  243 

gour-glasses.                                      209  Letters,  of  the  alphabet,  45^ ;  epistles, 

uman  sacrifices^                       215, 284  433 ;  Ingenious  modes  of  conveying.  434 

Hymen  dt  -cos.                                  244  Legions,  how  many  raised  at  diinrent 

I.  times,  305 ;  division  of  each,  309 ;  oO* 

Idolatry,  origin  o^                              S284  cers.                                                311 

Injuries,  how  punished.                      203  Liberty,  whence  the  Jose  of  it  may  be 

Ingrafting,  manner  of,                         458  dated,  122;  causes  of  its  subversion,  27, 

UlegiUmattt  children,  state  of,             390  33,  93, 139^  122, 146,  Ac. 

Imager  what  and  where  kept,  35 ;  cairied  Libraries.                                            4% 

at  funerals.                                       402  Limitsof  the  empire.                           490 

Indian  wise  men  burnt  themselves,  309 ;  Linen,  not  worn  by  the  Romans.  355, 372 

also  wives  on  the  piles  of  their  has-  440 

bands.  407  Letters,  when  introduced.  427 
Inheritances,  fonn  of  entering  upon^  69  Lictors.  97,  99, 163 
Infants,  often  exposed.  48  Licinius  Stolo.  104 
Interest  of  money.  421  Lieutenants,  the  number  assigned  to  pro- 
Interring  the  dead,  most  ancient,  398 ;  .  consuls,  139  ;  their  office.                  sAu 

404 ;  and  most  natural.                     ib.  Liver,  sometimes  thought  to  be  wanting 

Instruments,  used  in  writing,  429 ;  in  bus-  in  victims.                                        27$ 

bandry,  45t ;  for  fixing  burdens  on  the  Livius  Andronicus,  the  first  writer  of  plavs 

backs  of  slaves,  462 ;  for  driving  ani-  at  Rome.                                          258 

mals  in  a  carriage.                           468  Locks,  keys,  bolts,  &c.                       439 

Inns,  anciently  few.                             375  Loom,  parts  of,                                     441 

Interrez,  particulars  concerning.     79, 92  Lots,  used  in  prognosticating  future 

96,97  events.                                              256 

Irnerius  revives  the  study  of  the  civil  Lottery,  a  kind  of,                             385 

law.                                                190  Lunatics^  whence  named.                   267 

Italians,  their  right.                               66  M. 

L  Machines^  used  in  sieges,  332 ;  forhaofioc 

Janus,  how  represented.                     240  ships.                                               344 

Jews,  their  manner  of  burial.              407  Mscenas,  intrusted  by  Aosnistus  with  the 

Judges,  of  different  kinds,  204 ;  appoint-  charge  of  the  city,  130 ;  lus  advice  much 

ment  of,  206;  chosen  from  what  order,  ib,  respected  by  that  emperor,  ib.  92, 146; 

Judgment,  manner  of  pronouncing,  210 ;  his  tower,  406 ;  effeminate  in  his  dress, 

ItieffecU.                                           ib.  361;  said  to  have  invented  the  art  of 

Jttffurthlne  war.                                  123  writing  short  hand.                          Ifig 

JuUan  year.                                        279  MagistraleSr  at  different  times,  99 ;  their 

Juno,  how  represented.                       233  funqtions  more  extensive  than  among 

Jupiter,  his  names  and  attributes.         t(.  ns,  93 ;  division  of,  96,    Ordinary 


OF  PROPER  NAMES  AND  THINGS.  805 

SbtntM  mUn  the  npMfi,  91, 189  ^  O. 

•Bdar  Che  enpcfon,  ik.  135.    tlxtraor-  0«th,  form  of,  906;  tlio  mvltiphriBc  of 

dbuTf  mtgUtimtw,  ib.  137 ;  proTiocial  oaths  hurtful,  149 ;  bUiUit  oath.   93/1 

■McMntoi.      .                        138,146  Offl6en,ialheafiii7,311ilftttiOBairy,343 

BiftiimcturBt,  woollen.                      440  Omphale.                                          365 

Bfiaare,  kinds  o^                             460  Orestos,  tried  for  the  Bwder  of  his  mo- 


Mtffoh,  order  of«                                318  ther.                                              M 

lfadcet-places«  at  Rome.                    478  Ostracism,  what.                                 ft. 

Marriage,  only  between  Roman  citiaens.  Oxen,  always  used  ki ploo|^iDg,46SI;  bow 

48 ;  anciently  probibtted  between  Par  trained.                                             ik. 

ti4cians  and  PIebeians,i6.  b  36 ;  as  some-  P. 

times  between  naigkbooring  districts,  V^^axa^  whence  nmnod.                      08 

179;  encouragement  to,  389;  diiferent  Pales,  lestiTal  of,                                988 

forms  of,                                          387  Pallas^  234 ;  her  image,                         «. 

Muins^  rose  firom  a  common  soldier,  312 ;  Palms  first  given  to  the  yiotom  at  gemes. 

floven  times  consol,  105 ;  faithless  and  $M 

■mbitions,  108,  11^  165 ;  omel,  260 ;  Pan.                                                   843 

ftrst  enlisted  soldiers  from  the  lowest  Pantomimes,  301;  composers  of,        808 

dass,  305 ;  made  seveiml  changes  in  the  Paper  made  of  the  papyrus,  487 ;  of  Mnen 

MUitoryart                             907,321  ran.                                                429 

Man,  837 ;  his  shield.                          ik.  Parchment,  first'  made.                       488 

Manic  war,  65 ;  canaa  of,  177 ;  veiy  des-  Patches,  why  used.                            858 

tracUve.                                            ib.  Patricians.                                       10^83 

Bianyas,  panishment  o^                    478  Patrons  ft  Clients,  tkeir  strict  ank>n.   34 

Mast,  the  ancient  ships  bad  bnt  one.  840  Pavements,  how  adorned.                 448 

Muter  of  horse.                                 136  Pearls,  value  of,                                  488 

Measares  of  length ;  of  capacity.        423  People,  power  of,  26, 139, 5M7 ;  comnraa 

Medals.                                             416  prnpln  nffhn  rnnntrjmornrrnpaeiaMn 

Maoander.                                      .  SB99  than  of  the  city.  •                             38 

Mercenaryservants,  40;  troops.         308  Perjury,  panishmeat  of,                      149 

Mareary,  238 ;  images  of,                  318  Perukes,  when  first  used.                   864 

Merala  kills  himselC                           263  Petreius,  his  bold  answer  to  Cosar.    174 

Metellos  Numidicos,  banished.           165  Plough,  form  of,  451 ;  manner  of  pkMidi^ 

Metellns,  loses  his  sight,                       21  ing.                                                 «3 

Minerva,234;  her  shield,  t6.iesUval  of  283  Pluto.                                                240 

Minos.                                            .  245  Poles,  of  the  heavens.                       468 

Minority,  years  of,                             176  Pompeius,  Sext.  why  called  the  son  of 

Monay,whenGoined,413;  how  computed  Neptune.                                          835 


417  Pompey,  made  consal,  105 ;  sent  eninst 

Monarchy,  re-establishment  of,           145  the  pirates,  172;  against  Mithridates, 

Months,  division  of,                     278, 280  178 ;  hU  exhibition  of  wild  beasts,  981 ; 

Morra,  game  of,                                 386  first  built  a  theatre  of  hewn  staae,  808 ; 

Mourning,  manner  of,                 363, 409  device  of  his  ring,  361 ;  his  death.   366 

Municipal  towns,  68 ;  not  obliged  to  re-  Pontiffs.                                        845, 848 

oeive  the  Roman  laws   unless  they  Pontius,  general  of  the  SamnHes*      108 

chose.                                               ti.  PopHcola,  laws  of,                              114 

Muses.                                                  238  Porticos,  uses  of,                                 871 

Mnsic,  wariike  instruments  of,        .    317  Posts,  institution  of,                           488 

N.  Possession,  form  of  daiminr.              "kBi 

Names  of  the  Romans.                        36  Poppea,  bathed  in  esses'  mUk.           K7 

Necklaces.                                           358  Prayers,  how  made.                             870 

Neptnae,  285;  why  hostile  to  the  Tro-  Prstor,  institution  of,  106;  at  first  one,  s6. 

jans.                                              237  a  second  added,  t6.  the  number  of  pne- 

Nero,  colossus  of,  291 ;  sets  Rome  on  fire,  tors  increased,  110 ;  the  city  pnetor  the 

437 ;  curious  ceiling  of  his  dming-room.  chief,  107 ;  his  edicts,  ik.  badges,  1Q8{ 

446  and  attendants^  110 ;  manner  of  adadn. 

New  style  first  adopted  ia  England.   278  utering  iustice,  191, 196;  how  he  pro. 

Noblemen,  young,  bow  instructed  in  pub-  nounced  sentence  in  a  crindnal  trial  i^ 

lie  business,  13 ;  in  Jurisprudence,  163 ;  Pretorian  cohorts,  382, 473 ;  camp  of^  ik. 

and  in  the  art  of  war.               140,  315  President  of  a  feut                            9di 

Nobles,  why  so  called,  35 ;  on  them  the  Priapus.                                              841 

bad  emperors  chiefly  exercised  their  Priests,  of  different  kinds,  iUfi,  868;  of 

cnielty.                                            151  particular  deities,  262;  of  Jvplter,s&.; 

Noma,  his  laws.                                  180  of  Mars,  268;  of  Pan,  264 ;  of  Hercnla^ 

Nomber  of  the  people,  how  aieertained.  265 ;  of  Cybele,  ib.  of  Vesta,  866;  what 

*                         76  their  emoluments  were  Is  ■acertain, 

Nynphi.                                  837, 844  868 ;  by  whom  e]ected.80,J^  848^868 

64 


^ 


805  INDEX 

FlroeoDiolfl  and  Propretpm^  oriclii  of  tfa^e    Romani^  of  Thrace,  wby  lo  ealldtf .     76 

iMtie,  14d ;  provinces  assmiea  to  them.    Rone  built,  9 ;  takpn  and  bomt  by  the 

•6.  they  laC  oat  from  the  city  with  great       Oants,  436 ;   and   nnder  Nero,  497  ; 

pomp,  142;  their  power  in  the  provin-  .     adorned  by  Augustas,  i6.  its  streets  nar- 

ces,  tl.  manner  of  administering  instice,       tow,  ib.  Us  gates,  473 ;  and  bridges,  489? 

140 ;  (heir  eiaelions,  142 1   return  to       its  Latin  name  why  concealed.       386 

fU>m»  as  private  cHiaens,  unless  thev    Romulus,  248 ;  his  contest  with  Remus. 

claimed  a  triumph.  ib.  SSS 

Proeiiraior  of  Judea.  145    Roofs,  form  of,  445 

Property,  modes  of  acquiring.  68    Rowers,  how  they  sat.  338 

Prosermna.  240    Rutilos,  the  first  plebeian  eenaor.       119 

ProseriptlOB  of  citiMns.  169    Rubicon,  the  boundary  of  Ccsai'i  pro« 

Provinces,  rights  of,  66 ;  taies  Imposed  on       vinca.  190 

them,  66;  new  partition  of  them  by  8. 

Aogostos.  145    S,  this  letter  anciently  used  instead  of  R« 

Provincial  magistrates,  under  the  repub-  161 

lic,138,143;andartheeniperors,i6. 145    Sacred  rites,  270;  how  perfonned.  87S^ 

PovlAcaiion,  manner  of,  408  274 

Pnnishmants.  226    SncriSces,  272 ;  to  the  dead.  409 

Ct.  Sails,  invention  of,  336 ;  how  adjasted  340 

dttsston,  why  so  called,  126 ;  their  office,    Salt,  much  used.  375 

ib.  under  the  Emperors,  ib. ;  it  gave    Satires,  whence  named.  298 

admission  to  the  senate.  ib.  12    Saturn,  239 ;  festival  of,  285 

R.  Saturninus,  hb  laws,  165 ;  slain  by  Ifa^ 

Ram,  a  machine  In  war.  334        rius.  tft. 

Reaping,  manner  of,  466    Scenery  of  theatres.  304 

ReeUnlng  at  sapper,  when  introduced,  367    Scipio  Africanos.  104, 128, 189 

iMuiner  of,  tfr.  and  cause  of.  374    Nasica,  kills  Tib.  Gracefaus.       123 

Registefs  of  all  poblio  transactions,  23 ;        Pontifsz  Maximus.  246 

kept  in  the  treasniT.  ib.    Scribes  or  notaries.  162 

Republic,  cause*  of  ita  ruin,  27, 33,  102,    Sea^ns.  241 

104,  122, 123,  139,  147,  306    Senate,  iU  institution,  10 ;  number,  ik 

Review  of  the  people  instituted  by  Ser-       prince  of,  11 ;  by  whom  assembled,  16; 

▼ias,76;  when  and  how  made.  77, 112,        places  and  times  of  meeting,  ib.  quorum 

1 17        of,  16 ;  manner  of  making  a  decree,  21; 
Rewards,  military.  324       form  of  writing  it,  23 ;  not  valid,  unless 

Rhea.  .  240        carried  to  the  treasury,  24 ;  rarely  re- 

Aiahts  of  citiaens,  46 ;  could  not  be  taken  versed, tfrw  power  of  the  senate,  ib.  a&2Se 
tram  any  one  against  his  will,  63 ;  di-  force  of  its  decrees,  27 ;  little  re^rded 
mlnutlon  of,  64        in  the  last  ages  of  the  republic,  %b.  ap. 

Rhodians,tbeir  regulations  concerning  na-       parentiy  increased  by  Augustus  and  Tf- 
val  alUrs  adopted  by  the  RomaQs.  183        berius,  28 ;  as  the  means  of  establishing 
Rings  much  used.  361        despotism,  t6.  judges  of  crimes.      2SB6 

Rivers,  their  sources  held  sacred.       244    Senate  of  Grecian  cities.  71 

Roads,  how  paved.  484    Senators,  choice  of,  11 ;  their  age,  ib,  and 

Robbeiy,  punishment  of,  202    *  badges,  14;  order  in  which  they  were 

Robigo,  244 ;  feast  of;  283        asked  their  opinion,  17 ;  manner  of  do- 

Romans,  bow  divided,  10,  35 ;  anciently  liverlng  it,  18, 19,  20 ;  were  not  to  be 
weichedtheirmoney,and  did  not  count  interrupted,  19;  their  privileges,  25; 
H,  49 ;  cautions  in  admitting  new  sacred  their  servility  to  the  Emperors.  146 
rites,  66 ;  their  respect  for  the  ministers  Sentence,  form  of,  In  civil  trials,  193 ;  in 
of  religion,  247 ;  passionately  fond  of       criminal  trials.  924 

noes,  268 ;  of  shows  of  gladiators,  296  ;  Sepulchres,  where  built,  404 ;  by  whom 
and  of  uncommon  sights,  303 ;  almost       and  how.  406 

always  engaged  in  wars,  305 ;  as  re-  Servants  of  the  magistrates,  162 ;  of  the 
maricable  for  enduring  labour  as -for       priests.  269 

.   courage,  333;  long  unaeouainted  with    Servitudes  of  lands.  61 

naval  aflUrs,  836;  careful  to  wear  the  Servius  Tulliutf,  institutes  the  census,  76; 
toga  in  foreign  countries,  847 ;  usaally  made  many  laws,  136 ;  the  first  who 
went  with  their  heads  bare,  355 ;  when        coined  money.  413 

covered,  356 ;  allowed  their  hair  to    Sextius,  fiMt  plebeian  consul.  104 

grow  in  mourning,  860;  their  ancient  Short-hand,  act  of,  152, 161;  qnicknesa 
simplielty,t(.  their  luiuiy  and  the  cause        of,  434 

of  It,  ib.  at  first  sat  at  meal,  borrowed  Shoes,  kinds  of,  354;  for  horses.  365 
tiie  custom  of  reclining  from  the  east,  Ships,  their  first  constmctloB,  386 ;  difier- 
3167 ;  bmn  their  feasto  with  prayer,374;  eni  kinds  of,  389 ;  chief  part  of  a  ship, 
«i4e9d^dthemlatheiameoiamier886      ib.  bow  mtoned^  3tt;  naval  aMin» 


OP  PttOPER  NAMCS  and  things.  507 

343 ;  manner  of  embarking,  344 ;  order  abridges  the  power  of  tbe  tribunes,  123 

of  battle,  345;  method  of  transporting  his  laws,  169;  both  rewards  and  pO' 

ships  by  land,  344 ;  size  of  trading  ves-  nisbes  the  slaves  of  SulpiciUs  for  oe« 

sels,                                                 846  trayiog  him,  186 ;  why  he  ordered  hia 

dlbylline  books,  258 ;  keepers  of,        tfr.  body  to  be  burnt.                            399 

Sicily,  the  llt»t  country  reduced  to  tbe  Sylvanus.                                           948 

form  of  a  proWnce.                           67  T« 

Sicinius,  at  nis  instigation  the  plebeians  Tables,  869 ;  of  different  forms,  %b» ;  how 

Ktired  to  Mom  Saeer.                     118  consecrated.                                    374 

Siege,  form  of,                            832^  336  Tarquinius,  king,  expelled,  97 1  on  what 

Skeleton,  introduced  at  feasts.           884  day.                                               100 

Silk,  long  known  before  silk-worms  were  Taxes,  varioor  kinds  of,  61 ;  remitted,  ib, 

introduced.                                     359  Teeth,  care  of,                                   368 

Sir,  equivalent  to  Domtmif.                431  Temples,  370,  474 ;  ornament  of  their 

Slaves,  how  made,  39 ;  their  treatment,  ib.  front  and  roof.                                445 

of  diSsrent  kinds,  t6.  how  made  free,  Tents,  form  o(^                                    315 

42;  their  manumission  restricted  bylaw;  Testaments,  how  made,  68;  anciently 

43^  167, 172 ;  punishment  of,  178;  their  made  in  the  Comilia  Curiaim.            74 

dress,  364;  not  allowed  to  serve  in  the  Terminus,  his  temple.                         S44 

army  but  in  daneerous  junctures,  41  {  Thanksgi vines,  how  made.                 371 

Mch  as  obtruded  themselves  were  some-  Theatres,  at  first  prohibited,  303 ;  built  by 

times  put  to  death,  307. Slaves,  who  Scaurus,  ib.  Curio  and  Pumpey,  ib.  dte. 

frixsled  the  hair,  357;  shaved,  364;  cook-  Theft,  how  punished.                          201 

ed  victuals,  378 ;  carved,  and  waited  at  Theodosius,  abolishes  the  heathen  wor- 

table,  378;  wrote  letters  and  books,  ship  at  Rome.                                  369 

434;  watched  at  the  gate,  438 ;  took  care  lliings,  division  of,                               60 

of  the  Atrium^  443;  of  the  bed-cham-  Threshing,  manner  o^                        456 

bers,  444;  drest  trees,  447 ;  cultivated  Thracians,  curious  custom  of,  224 ;  their 

the  ground,  450 ;  carried  burdens,  se-  wives  burn  themselves  on  the  plies  of 

dans  and  litters.                              462  their  husbands.                                406 

Soil,  qualities  of  a  good,                     450  Tiberiust  deprived  the  people  of  the  right 

Sol,  241 ;  the  same  with  Mithras.        ib.  of  voting,  91 ;  sum  he  left  at  hu  deatk 

Soldiers^  enlisted,  9,  66,  306 ;  different  419 

kinds  of,  808;  divided  into  different  Tiles,  tax  laid  on,                                444 

ranks,  309;  their  arms  and  dress,  310,  Tiro,  freedman  of  Cicero.                   152 

313,  353 1  their  order  and  discipline,  Top^  different  from  tbe  troehtu,           871 

when  encamped,  316;  on  march,  317;  Torture,  used  only  on  slaves,  tfr.  initru- 

in  battle,  819 ;  their  rewards.  324 ;  pu-  ment  of,                                           331 

nishments,  329 ;  pay  and  discharge.  ^30  Towers,  in  sieges,  333 ;  In  ships.         341 

Solon,  lawciver  of  Athens.                 136  Towns,  how  attacked,  332;  and  defend- 

Sons,  how  freed  from  the  power  of  their  ed.                                                 833 

father.                                               49  Trajan's  pillar.                                    479 

Sosi^enes,  regulates  the  year.             278  Trade,  not  respected,  13,  200 ;  hurtful 

Sowing,  manner  of,                            453  consequences  of  this.                        33 

Spectacles,  their  hurtful  effects,  291  k  292  Tragedy,  writers  of,                     300,  801 

Spurlnns,  predicts  tlie  death  of  Cesar  273  Trees,  how  pmpagated.                       488 

Stage-plays  first  instituted,  207;  chiefly  of  Trials,  civil,  191 ;  bow  conducted,  ib.  208; 

three  kinds,  299;  often  prohibited,  2H)3;  criminal,  before  the  people,  213 1  be- 

Tmeit.  Ann.  iv.  14.  xiil.  45.  SmC  Ner,  16.  fore  the  prsetors,  215 ;  how  coadncted. 

Dom,l,  PUn.  pan,  46.  880 

Stages,  along  the  road.                       488  Tribes,  three  at  first,  9,  88 ;  when  ia« 

Standards,  kinds  of,                            319  creased,  89 ;  how  divided.                91 

Stipulations,  form  of,                   1 95,  198  Tribonian,  the  chief  of  those  lawyers  who 

Stirrups,  the  Romans  had  none.  185,  311  composed  the  Corjnu  Jwria.             190 

Stockings,  not  worn  by  tbe  Romans.  353  Tribunes,  of  the  commons,  when  created^ 

Stoics,  whence  named.                       479  118;  their  power  at  first  small,  119;  af- 

Style,  old  and  new.                             277  terwards  exorbitant,  120;  abridged  by 

Superstition  of  the  Romans,  81, 255,  256,  Sylla,  123;  in  a  manner  annihilated  by 

286, 344,  d^c.  Julius  Csssar,  124 ;  conferred  on  Au- 

Snpper,  the  principal  meal,  365 ;  place  of,  gustus,  ib.  at  first  not  admitted  into  the ' 

^7, 444 ;  dress  for,  374 ;  parts  of,  376 ;  senate.                                               88 

music,  d^c.  in  time  of.                     378  Tribunes,  military,  number  of  in  a  legion. 

Sweari  ng,  to  support  whatever  laws  were  166, 31 1 

passed,  when  first  enforced.     165,174  Tripods,  of  diffhrent  kinds.                 869 

Sylla,  his  choioe  of  senators,  13 ;  usnrpa*  Triumph,  whence  called,  386 ;  naval  tri* 

tion,  93, 169 ;  cruelty,  ib.  increased  tbe  umph.                                             388 

aamber  of  the  fmHwim  ferftHim,  111 ;  Triumviri*                                      98 


INDBX,  &C., 


^>o|iU«i,  ma  ofy 


V. 


460 


UadortBker  of  fanarmls.  401 

Vnot  hoir  made.  407 

Uforan,  their  cruelty,  47 ;  and  art.    4Sl 

▼alariiif  Conrvi.  104 

Veniu^  her  nameii  &c.  236 

Terdietofajiiry.  223 

Terret,  Mid  to  have  been  restored  from 

banbhrnent  by  the  Infloence  of  Cicero, 

920;  caiue  otbit  death.  ib, 

YerCamnns.  243 

▼aipasian,  the  fint  who  made  laws  with- 

ont  eonsolting  the  senate,  29 ;  the  sum 

he  said  was  necessary  to  support  the 

•tate.  419 

Vaita,  the  goddess  of  fire.  .  234 

▼estai  Virxins.  266 

▼ictims,  white,  from  the  riyer  Clitomnus. 

274 
Vineyards,  881 ;  how  planted.  459 

Vnias,  how  laid  out.  447 

Villins,  why  called  Ahvalis.  90 

Virginia,  killed  by  her  father.  137 

Virtues,  worshipped.  245 

Vltelllus,  luxury  of^  879 

Vomit,  custom  of  taking  before  and  after 
supper.  ib. 

Vows,  how  made.  270 

Vnlcanusi  237;  his  workshop  where,    ib. 

w 
War,  how  proclaimed.  306 


Watch-word,  how  giyao.  8lt 

Wealth,  Instances  of.  418 

Weeks,  division  of  time  by,  not  oaed  by 

the  ancient  Romans.  S79 

Weights,  English  and  Roman.  413 

Wife,  properties  of  a  good  one.  440 

Winds.  945, 461 

Wine,  manner  of  making^  981 ;  kinds  o( 

382;  used  to  be  boiled  that  it  mijribit 

keep.  391 

Witnesses^  form  of  making  them,  191 ;  dif- 

ferent  Unds  of,  221 :  bow  summoned. 

907t221 

Women,  excluded  from  inheritances,  188) 

their  clothes,  348;  their  shoes,  864; 

head-dress,  366 ;  paint,  358 ;  iAdnstnr, 

440 ;  apartment  among  the  Greeks,  444 

Wood,  used  for  firing.  448 

Writing,  materials  for,  487, 429;  manner 

of,  ib. 

Windows,  how  made.  446 

Wheel,  for  raising  water.  468 

T. 
Tear,  how  divided  by  Romulus,  237 ;  by 
Julius  Casar,  278 ;  by  Pope  Gregory^ 
ib.  by  the  Egyptians.  879 

Toodg  men,  at  what  age  they  assumed 
the  T\>ga  ViriUt,  349 ;  peculiarity  in 
their  manner  of  wearing  It  for  the  first 
year,  360 ;  when  they  began  to  shaye, 
362;  consecrated  the  first  growth  of 
the  beard,  and  also  tbehr  hair,  to  smdo 
deity. 


END  OF  THE  INDEX. 


KK 


a^ 


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