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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^
r*